The USA PATRIOT ActThe USA PATRIOT Act broadly expands law enforcement's surveillance and investigative powers and represents one of the most significant threats to civil liberties, privacy and democratic traditions in U.S. history. What is PATRIOT?The USA PATRIOT Act (officially the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) was quickly developed as anti-terrorism legislation in response to the September 11, 2001 attacks. The large and complex law received little Congressional oversight and debate, and was signed into law by President Bush Oct. 26, 2001. PATRIOT gives sweeping search and surveillance to domestic law enforcement and foreign intelligence agencies and eliminates checks and balances that previously gave courts the opportunity to ensure that those powers were not abused. PATRIOT and follow-up legislation now in development threaten the basic rights of millions of Americans. Why should I care?Under PATRIOT, civil liberties, especially privacy rights, have taken a severe blow: The law dramatically expands the ability of states and the Federal Government to conduct surveillance of American citizens. The Government can monitor an individual's web surfing records, use roving wiretaps to monitor phone calls made by individuals "proximate" to the primary person being tapped, access Internet Service Provider records, and monitor the private records of people involved in legitimate protests. PATRIOT is not limited to terrorism. The Government can add samples to DNA databases for individuals convicted of "any crime of violence." Government spying on suspected computer trespassers (not just terrorist suspects) requires no court order. Wiretaps are now allowed for any suspected violation of the Computer Fraud and Abuse Act, offering possibilities for Government spying on any computer user. Foreign and domestic intelligence agencies can more easily spy on Americans. Powers under the existing Foreign Intelligence Surveillance Act (FISA) have been broadened to allow for increased surveillance opportunities. FISA standards are lower than the constitutional standard applied by the courts in regular investigations. PATRIOT partially repeals legislation enacted in the 1970s that prohibited pervasive surveillance of Americans. PATRIOT eliminates Government accountability. While PATRIOT freely eliminates privacy rights for individual Americans, it creates more secrecy for Government activities, making it extremely difficult to know about actions the Government is taking. PATRIOT authorizes the use of "sneak and peek" search warrants in connection with any federal crime, including misdemeanors. A "sneak and peek" warrant authorizes law enforcement officers to enter private premises without the occupant's permission or knowledge and without informing the occupant that such a search was conducted. The Department of Justice, with little input from Congress and the American people, is developing follow-on legislation - the Domestic Security Enhancement Act (nicknamed Patriot II) -- which would greatly expand PATRIOT's already sweeping powers.
What should I do?Use our Action Center to let Congress know that you support PATRIOT reform! For more information:EFF Analysis of the PATRIOT Act:Congress may not have read the PATRIOT Act before passing it, but EFF's attorneys reviewed the entire Act and published a comprehensive analysis only days after the bill was enacted, as well as calling for ongoing oversight of PATRIOT's implementation. EFF's PATRIOT FOIA:Can the Government See What You Are Reading Online Without a Warrant? FOIA Request to DOJ Concerning Pen-Trap Surveillance Doe v. Gonzalez(Doe v. Ashcroft) Defending free speech and privacy, EFF helped the ACLU and an unnamed Internet service provider (ISP) challenge the constitutionality of "National Security Letters" (NSLs), a key power under the USA PATRIOT Act. An NSL is a secret subpoena that is issued directly by the FBI without court oversight, accompanied by a gag order prohibiting the recipient from ever disclosing the letter's existence. In this case, the court ruled that the gag order violated the ISP's First Amendment rights. It also ruled that NSLs violate the Fourth Amendment right against unreasonable searches because, unlike ordinary subpoenas, they do not offer a direct opportunity to challenge the subpoena in court. Finally, the court recognized that NSLs threaten the First Amendment rights of the Internet users whose online speech activities are revealed. Let the Sun Set on PATRIOTSections 201 (and 805), "Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism," and "Material Support for Terrorism" (March 31, 2004.) Sections 202 and 217, "Authority To Intercept Wire, Oral, And Electronic Communications Relating To Computer Fraud And Abuse Offenses, and Section 217, "Interception Of Computer Trespasser Communications." (April 12, 2004.)
Section 204, ""Clarification of Intelligence Exceptions From Limitations on Interception and Disclosure of Wire, Oral, and Electronic Communications." Section 206, "Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978." (February 24, 2004.) Section 207, "Duration of FISA Surveillance of Non-United States Persons Who Are Agents of a Foreign Power." (March 2, 2004.) Section 209, "Seizure of VoiceMail Messages Pursuant to Warrants." (March 10, 2004.) Section 212 and Homeland Security Act Section 225, "Emergency Disclosure of Electronic Communications to Protect Life and Limb." (March 24, 2004.) Section 214, Pen Register and Trap and Trace Authority Under FISA (September 24, 2004.) Section 215, "Access to Records and Other Items Under the Foreign Intelligence Surveillance Act." (February 18, 2004.) Section 220, "Nationwide Service of Search Warrants for Electronic Evidence." (March 16, 2004.) Section 223, "Civil Liability for Certain Unauthorized Disclosures" Section 225, "Immunity for Compliance With FISA Wiretap" Coming soon:
More on section 203 EFF Media Releases About PATRIOTCan the FBI Monitor Your Web Browsing Without a Warrant?
January 14, 2005 Court Strikes Down Key USA PATRIOT Power
September 29, 2004 Draft 9/11 Legislation Goes Too Far, Revives PATRIOT II
September 27, 2004 EFF Urges Court to Find USA PATRIOT Act Powers Unconstitutional
May 25, 2004 Federal Judge Rules That Part of the USA PATRIOT Act Is Unconstitutional
January 26, 2004 EFF Supports the Benjamin Franklin True Patriot Act
September 28, 2003 Patriot II
February 8, 2003 More InformationOther resources
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