|
The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections (section 224) containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title's provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006. Title II contains many of the most contentious provisions of the act. Supporters of the Patriot Act claim that these provisions are necessary in fighting the War on Terrorism, while its detractors argue that many of the sections of Title II infringe upon individual and civil rights. The sections of Title II amend the Foreign Intelligence Surveillance Act of 1978 and its provisions in 18 U.S.C., dealing with "Crimes and Criminal Procedure". It also amends the Electronic Communications Privacy Act of 1986. In general, the Title expands federal agencies' powers in intercepting, sharing, and using private telecommunications, especially electronic communications, along with a focus on criminal investigations by updating the rules that govern computer crime investigations. It also sets out procedures and limitations for individuals who feel their rights have been violated to seek redress, including against the United States government. However, it also includes a section that deals with trade sanctions against countries whose government supports terrorism, which is not directly related to surveillance issues. ==Sections 201 & 202: Intercepting communications== Two sections dealt with the interception of communications by the United States government. Section 201 is titled ''Authority to intercept wire, oral, and electronic communications relating to terrorism''. This section amended (Authorization for interception of wire, oral, or electronic communications) of the United States Code. This section allows (under certain specific conditions) the United States Attorney General (or some of his subordinates) to authorize a Federal judge to make an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation (FBI), or another relevant U.S. Federal agency. The Attorney General's subordinates who can use Section 201 are: the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division who is specially designated by the Attorney General. The amendment added a further condition which allowed an interception order to be carried out. The interception order may now be made if a criminal violation is made with respect to terrorism (defined by ): * the use of weapons of mass destruction (defined by ), or * providing financial aid to facilitate acts of terrorism (defined by ), or * providing material support to terrorists (defined by ), or * Providing material support or resources to designated foreign terrorist groups (defined by ). Note: the legislation states that title 18, section 2516(1), paragraph (p) of the United States Code was redesignated (moved) to become paragraph (q). This paragraph had been previously redesignated by two other pieces of legislation: the Antiterrorism and Effective Death Penalty Act of 1996〔See Antiterrorism and Effective Death Penalty Act of 1996, (section 434(2) )〕 and by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (see section 201(3)).〔See also: Charles Doyle (December 10, 2001), (Terrorism: Section by Section Analysis of the USA PATRIOT Act ), "Section 201. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism.", page 7 & Patrick Leahy, (Section-bySection Analysis ), "Sec. 201."〕 Section 202 is titled ''Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses'', and amended the United States Code to include computer fraud and abuse in the list of reasons why an interception order may be granted.〔 — computer crime is a felony violation of .〕〔See also: Charles Doyle (December 10, 2001), (Terrorism: Section by Section Analysis of the USA PATRIOT Act ), "Section 202. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Computer Fraud and Abuse Offenses.", page 8 & Patrick Leahy, (Section-bySection Analysis ), "Sec. 202."〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Section summary of the Patriot Act, Title II」の詳細全文を読む スポンサード リンク
|