USA PATRIOT Act Sunset: A Sketch

摘要

Several sections of Title II of the USA PATRIOT Act (the act) and one section of the Intelligence Reform and Terrorism Prevention Act, each relating to enhanced foreign intelligence and law enforcement surveillance authority, expire on December 31, 2005, unless they are extended. Thereafter, the authority remains in effect only as it relates to foreign intelligence investigations begun before sunset or to offenses or potential offenses begun or occurring before that date. The temporary provisions are: sections 201 (wiretapping in terrorism cases), 202 (wiretapping in computer fraud and abuse felony cases), 203(b) (sharing wiretap information), 203(d) (sharing foreign intelligence information), 204 (Foreign Intelligence Surveillance Act (FISA) pen register/trap & trace exceptions), 206 (roving FISA wiretaps), 207 (duration of FISA surveillance of non-United States persons who are agents of a foreign power), 209 (seizure of voicemail messages pursuant to warrants), 212 (emergency disclosure of electronic surveillance), 214 (FISA pen register/ trap and trace authority), 215 (FISA access to tangible items), 217 (interception of computer trespasser communications), 218 (purpose for FISA orders), 220 (nationwide service of search warrants for electronic evidence), 223 (civil liability and discipline for privacy violations), and 225 (provider immunity for FISA wiretap assistance).