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| Contents | ||
| Domestic Law Enforcement | Foreign Intelligence Surveillance |
| 1. Intercept Orders.
Title III (named after the relevant section of the original legislation, the Omnibus Crime Control and Safe Streets Act of 1968Events Undated Booker Prize for Fiction is established by Booker plc. 1968 is known as the year of the Prague Spring and also the year of the Paris riots. The ASCII character code is standardized as ANSI Standard X3. Nauru adopt his national anthem of the) surveillance is a traditional wiretap that allows the police to bug rooms, listen to telephone conversations, or get content of electronic communications in real time.
(Courts do not treat unopened e-mail at ISPAn Internet Service Provider (an ISP is a provider of Internet services. Most telecommunications operators are ISPs. They provide services like internet transit, domain name registration and hosting, dial-up access, leased line access and colocation.s as real-time communications.) |
1. FISAThe Foreign Intelligence Surveillance Act of 1978 prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of Intercept Orders.
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| 2. Pen/Trap.
Pen/Trap surveillance was based upon the physical wiring of the telephone system. It allowed law enforcement to obtain the telephone numbers of all calls made to or from a specific phone.
Prior to PATRIOT there had been debate about how this authority is to be applied in the Internet context. |
2. FISA Pen/Trap.
Previous FISA pen/trap law required not only showing of relevance but also showing that the communications device had been used to contact an "agent of a foreign power." While this exceeds the showing under the ordinary pen/trap statute, such a showing had the function of protecting U.S. persons against FISA pen/trap surveillance. |
| 3. Physical search warrants
Judicial finding of probable cause of criminality; return on warrant. Previously, agents were required at the time of the search or soon thereafter to notify person whose premises were searched that search occurred, usually by leaving copy of warrant. PATRIOT makes it easier to obtain surreptitious or "sneak-and-peek" warrants under which notice can be delayed. |
3. FISA Physical search warrants
See FISA 50 USC §1822. PATRIOT extends duration of physical searches. Under previous FISA, Attorney General (without court order) could authorize physical searches for up to one year of premises used exclusively by a foreign power if unlikely that U.S. person will be searched; minimization required. A.G. could authorize such searches up to 45 days after judicial finding of probable cause that U.S. target is or is an agent of a foreign power; minimization required, and investigation may not be based solely on First Amendment-protected activities. |
| 4. Subpoenas for stored information.
Many statutes authorize subpoenas; grand juries may issue subpoenas as well. EFF's main concern here has been for stored electronic information, including e-mail communications and subscriber or transactional records held by ISPs. Subpoenas in this area are governed by the Electronic Communications Privacy Act (ECPA). |
4. FISA subpoenas
Previously, FISA authorized collection of business records in very limited situations, mainly records relating to common carriers, vehicles or travel, and only via court order. PATRIOT permits any "tangible things," including business records, to be obtained via a subpoena. |