FC: Anti-terrorism bill's "expiration date" may not mean much
Declan McCullagh
declan at well.com
Fri Oct 26 05:33:14 PDT 2001
Text of USA Act, which President Bush will sign today:
http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162:
Background:
http://www.wartimeliberty.com/search.pl?topic=legislation
---
http://www.wired.com/news/conflict/0,2100,47901,00.html
Terror Bill Has Lasting Effects
By Declan McCullagh (declan at wired.com)
2:00 a.m. Oct. 26, 2001 PDT
WASHINGTON -- Legislators who sent a sweeping anti-terrorism bill to
President Bush this week proudly say that the most controversial
surveillance sections will expire in 2005.
Senate Judiciary chairman Patrick Leahy (D-Vermont) said that a
four-year expiration date "will be crucial in making sure that these
new law enforcement powers are not abused." In the House, Bob Barr
(R-Georgia) stressed that "we take very seriously the sunset
provisions in this bill."
But the Dec. 2005 expiration date embedded in the USA Act -- which the
Senate approved 98 to 1 on Thursday -- applies only to a tiny part of
the mammoth bill.
After the president signs the measure on Friday, police will have the
permanent ability to conduct Internet surveillance without a court
order in some circumstances, secretly search homes and offices without
notifying the owner, and share confidential grand jury information
with the CIA.
Also exempt from the expiration date are investigations underway by
Dec. 2005, and any future investigations of crimes that took place
before that date.
[...]
Other sections of the USA Act, which the House approved by a 357 to 66
vote on Wednesday, that do not expire include the following:
* Police can sneak into someone's house or office, search the
contents, and leave without ever telling the owner. This would be
supervised by a court, and the notification of the surreptitious
search "may be delayed" indefinitely. (Section 213)
* Any U.S. attorney or state attorney general can order the
installation of the FBI's Carnivore surveillance system and record
addresses of Web pages visited and e-mail correspondents --
without going to a judge. Previously, there were stiffer legal
restrictions on Carnivore and other Internet surveillance
techniques. (Section 216)
* Any American "with intent to defraud" who scans in an image of a
foreign currency note or e-mails or transmits such an image will
go to jail for up to 20 years. (Section 375)
* An accused terrorist who is a foreign citizen and who cannot be
deported can be held for an unspecified series of "periods of up
to six months" with the attorney general's approval. (Section 412)
* Biometric technology, such as fingerprint readers or iris
scanners, will become part of an "integrated entry and exit data
system" with the identities of visa holders who hope to enter the
U.S. (Section 414)
* Any Internet provider or telephone company must turn over customer
information, including phone numbers called -- no court order
required -- if the FBI claims the "records sought are relevant to
an authorized investigation to protect against international
terrorism." The company contacted may not "disclose to any person"
that the FBI is doing an investigation. (Section 505)
* Credit reporting firms like Equifax must disclose to the FBI any
information that agents request in connection with a terrorist
investigation -- without police needing to seek a court order
first. Current law permits this only in espionage cases. (Section
505)
* The current definition of terrorism is radically expanded to
include biochemical attacks and computer hacking. Some current
computer crimes -- such as hacking a U.S. government system or
breaking into and damaging any Internet-connected computer -- are
covered. (Section 808)
* A new crime of "cyberterrorism" is added, which covers hacking
attempts causing damage "aggregating at least $5,000 in value" in
one year, any damage to medical equipment or "physical injury to
any person." Prison terms range between five and 20 years.
(Section 814)
* New computer forensics labs will be created to inspect "seized or
intercepted computer evidence relating to criminal activity
(including cyberterrorism)" and to train federal agents. (Section
816)
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