from
the Electronic Freedom Foundation's Analysis of the USA Patriot
Act
Sunset
Provisions
Under PATRIOT §224, several of the surveillance portions of
PATRIOT will expire on December 31, 2005. The EFF is pleased
that at least some of the more severe changes in the surveillance
of U.S. persons contained in PATRIOT will expire on December
31, 2005 unless renewed by Congress. We are concerned, however,
that there is no way for Congress to review how several of
these key provisions have been implemented, since there is
no reporting requirement to Congress about them and no requirements
of reporting even to a judge about several others. Without
the necessary information about how these broad new powers
have been used, Congress will be unable to evaluate whether
they have been needed and how they have been used in order
to make an informed decision about whether and how they should
continue or whether they should be allowed to expire without
renewal.
A.
The provisions that expire include:
§201. Authority To Intercept Wire, Oral, And Electronic Communications
Relating To Terrorism.
§202. Authority To Intercept Wire, Oral, And Electronic Communications
Relating To Computer Fraud And Abuse Offenses.
§203(b), (d). Authority To Share Criminal Investigative Information.
§206. Roving Surveillance Authority Under The Foreign Intelligence
Surveillance Act Of 1978.
§207. Duration Of FISA Surveillance Of Non-United States Persons
Who Are Agents Of A Foreign Power.
§209. Seizure Of Voice-Mail Messages Pursuant To Warrants.
§212. Emergency Disclosure Of Electronic Communications To
Protect Life And Limb. §214. Pen Register And Trap And Trace
Authority Under FISA.
§215. Access To Records And Other Items Under FISA.
§217. Interception Of Computer Trespasser Communications.
§218. Foreign Intelligence Information.
§220. Nationwide Service Of Search Warrants For Electronic
Evidence.
§223. Civil Liability For Certain Unauthorized Disclosures.
B.
The following provisions do not expire:
§203(a),(c). Authority To Share Criminal Investigative Information.
§208. Designation Of Judges.
§210. Scope Of Subpoenas For Records Of Electronic Communications.
§211. Clarification Of Scope [privacy provisions of Cable
Act overridden for communication services offered by cable
providers (but not for records relating to cable viewing.)]
§213. Authority For Delaying Notice Of The Execution Of A
Warrant.
§216. Modification Of Authorities Relating To Use Of Pen Registers
And Trap And Trace Devices.
§219. Single-Jurisdiction Search Warrants For Terrorism.
§222. Assistance To Law Enforcement Agencies.
§225. Immunity For Compliance With Fisa Wiretap. Can continue
all investigations active at the time of expiration.