USA PATRIOT Act

This edition of YFJ Net News features sources, analyses, and issues relating to the USA PATRIOT Act of 2001.

UNDERSTANDING USA PATRIOT ACT of 2001

Passed and signed into law on October 26, 2001 - just six weeks after the attacks on September 11 - the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001" has been a focus of controversy since even before it became law. The ten title, 132-page Act covers a great array of changes to existing law and new innovations. These include enhanced surveillance procedures, relaxation of certain restrictions in information sharing among foreign and domestic intelligence and law enforcement agencies, enhanced criminal penalties for terrorism and related activities, and increased powers to block the financing of terrorist activities.

Charles Doyle of the American Law Division of the Congressional Research Service has provided an excellent section-by -section analysis of the bill. It is extensive [78 pages] but considerably shorter than the Act itself [and much easier to read]. Doyle also has prepared a concise 5-page CRS sketch for quick reference.

• USA PATRIOT Act of 2001
• The USA PATRIOT Act: A Legal Analysis [CRS] [78 pages]
• The USA PATRIOT Act: A Sketch [5 pages]

NEW DOJ WEB SITE ON PATRIOT ACT

Preserving Life and Liberty

This month The Department of Justice launched a new web site to "educate Americans about how we are preserving life and liberty by using the USA PATRIOT Act." The site includes the text of the Act, speeches by the Attorney General supporting the Act, statements both from Congress and the general public in its support, stories and articles, and a section entitled "dispelling the myths."

CRITICISMS OF THE USA PATRIOT ACT: NON-GOVERNMENTAL

Nongovernmental critics of the Act come from across the political spectrum. Because of the Act's breadth, these critiques often concern only specific sections and not necessarily the Act as a whole. For example, the Electronic Privacy Information Center and the Center for Democracy and Technology have good collections of resources and concerns raised by people dealing with cyberspace and other technological issues. The American Library Association addresses federal monitoring of book requests and other related issues. While addressing the entire Act, the American Civil Liberties Union devotes particular attention to the effect of the Act on the rights of immigrants and to the significance of Section 215 which deals with personal information and records. The Rutherford Institute, a conservative legal organization, offers a concise and comprehensive summary of concerns.

• Center for Democracy and Technology: Analysis of USA Patriot Act, as enacted, by CDR and Others
• Electronic Privacy Information Center: The USA PATRIOT Act
• American Library Association: USA PATRIOT Act
• American Civil Liberties Union: USA PATRIOT Act
• The Rutherford Institute: Forfeiting "Enduring Freedom" for "Homeland Security": A Constitutional Analysis

GOVERNMENTAL OPPOSITION TO USA PATRIOT: MUNICIPAL AND CONGRESSIONAL

Over 100 municipalities across the country have passed resolutions opposing USA PATRIOT. Congress also has moved to adjust or curtail specific components of the Act even before they "sunset" in 2006. In July, the House of Representatives adopted the Otter Amendment [Rep. C.L. "Butch" Otter (R-ID)] to this year's Commerce, Justice and State funding bill that would bar federal law enforcement from implementing "sneak and peek" delayed notification search warrants, pursuant to Section 213 of the Act.

• List of Municipal Resolutions Opposing USA PATRIOT
• H.AMDT.292 (A007), Amending H.R.2799, to prohibit the use of funds from being available to seek a delay under Section 3103a (b) of title 18 United States Code. [Library of Congress]

YFJ Net News is a service of Youth for Justice, the national coordinated law-related education program supported by the Office of Juvenile Justice and Delinquency Prevention of the United States Department of Justice. Comments or recommendations in YFJ Net News do not necessarily represent the views or policies of the United States Department of Justice.

Please forward comments, corrections, or suggestions about YFJ Net News to Nisan Chavkin at Constitutional Rights Foundation Chicago.