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Advanced Criminal Investigations and Intelligence Operations

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  graph (C), with the pool established by section 1803

  (e)(1) of this title.

  (ii) The presiding judge shall immediately assign a petition

  under clause (i) to 1 of the judges serving in the pool

  established by section 1803 (e)(1) of this title. Not later

  than 72 hours after the assignment of such petition, the

  assigned judge shall conduct an initial review of the peti-

  tion. If the assigned judge determines that the petition

  is frivolous, the assigned judge shall immediately deny

  the petition and affirm the production order or nondis-

  closure order. If the assigned judge determines the peti-

  tion is not frivolous, the assigned judge shall promptly

  consider the petition in accordance with the procedures

  established under section 1803 (e)(2) of this title.

  Appendix A: Electronic Surveillance Law

  331

  (iii) The assigned judge shall promptly provide a written state-

  ment for the record of the reasons for any determination

  under this subsection. Upon the request of the Government,

  any order setting aside a nondisclosure order shall be

  stayed pending review pursuant to paragraph (3).

  (B) A judge considering a petition to modify or set aside a pro-

  duction order may grant such petition only if the judge finds

  that such order does not meet the requirements of this section

  or is otherwise unlawful. If the judge does not modify or set

  aside the production order, the judge shall immediately affirm

  such order, and order the recipient to comply therewith.

  (C)

  (i) A judge considering a petition to modify or set aside a non-

  disclosure order may grant such petition only if the judge

  finds that there is no reason to believe that disclosure may

  endanger the national security of the United States, inter-

  fere with a criminal, counterterrorism, or counterintelli-

  gence investigation, interfere with diplomatic relations, or

  endanger the life or physical safety of any person.

  (i ) If, upon filing of such a petition, the Attorney General,

  Deputy Attorney General, an Assistant Attorney General,

  or the Director of the Federal Bureau of Investigation cer-

  tifies that disclosure may endanger the national security

  of the United States or interfere with diplomatic relations,

  such certification shall be treated as conclusive, unless the

  judge finds that the certification was made in bad faith.

  (iii) If the judge denies a petition to modify or set aside a

  nondisclosure order, the recipient of such order shall

  be precluded for a period of 1 year from filing another

  such petition with respect to such nondisclosure order.

  (D) Any production or nondisclosure order not explicitly modi-

  fied or set aside consistent with this subsection shall remain

  in full effect.

  (3) A petition for review of a decision under paragraph (2) to affirm,

  modify, or set aside an order by the Government or any per-

  son receiving such order shall be made to the court of review

  established under section 1803 (b) of this title, which shall have

  jurisdiction to consider such petitions. The court of review

  shall provide for the record a written statement of the reasons

  for its decision and, on petition by the Government or any per-

  son receiving such order for writ of certiorari, the record shall

  be transmitted under seal to the Supreme Court of the United

  States, which shall have jurisdiction to review such decision.

  332

  Appendix A: Electronic Surveillance Law

  (4) Judicial proceedings under this subsection shall be concluded

  as expeditiously as possible. The record of proceedings, includ-

  ing petitions filed, orders granted, and statements of reasons for

  decision, shall be maintained under security measures estab-

  lished by the Chief Justice of the United States, in consulta-

  tion with the Attorney General and the Director of National

  Intelligence.

  (5) All petitions under this subsection shall be filed under seal. In

  any proceedings under this subsection, the court shall, upon

  request of the Government, review ex parte and in camera any

  Government submission, or portions thereof, which may include

  classified information.

  (g) Minimization Procedures

  (1)

  In General

  Not later than 180 days after March 9, 2006, the Attorney General

  shall adopt specific minimization procedures governing the reten-

  tion and dissemination by the Federal Bureau of Investigation

  of any tangible things, or information therein, received by the

  Federal Bureau of Investigation in response to an order under this

  subchapter.

  (2)

  Defined

  In this section, the term “minimization procedures” means—

  (A) specific procedures that are reasonably designed in light of

  the purpose and technique of an order for the production

  of tangible things, to minimize the retention, and prohibit

  the dissemination, of nonpublicly available information

  concerning unconsenting United States persons consistent

  with the need of the United States to obtain, produce, and

  disseminate foreign intelligence information;

  (B) procedures that require that nonpublicly available infor-

  mation, which is not foreign intelligence information, as

  defined in section 1801 (e)(1) of this title, shall not be dis-

  seminated in a manner that identifies any United States

  person, without such person’s consent, unless such person’s

  identity is necessary to understand foreign intelligence

  information or assess its importance; and

  (C) notwithstanding subparagraphs (A) and (B), procedures

  that allow for the retention and dissemination of informa-

  tion that is evidence of a crime which has been, is being, or

  is about to be committed and that is to be retained or dis-

  seminated for law enforcement purposes.

  Appendix A: Electronic Surveillance Law

  333

  (h) Use of Information

  Information acquired from tangible things received by the Federal

  Bureau of Investigation in response to an order under this subchap-

  ter concerning any United States person may be used and disclosed

  by Federal officers and employees without the consent of the United

  States person only in accordance with the minimization procedures

  adopted pursuant to subsection (g). No otherwise privileged infor-

  mation acquired from tangible things received by the Federal Bureau

  of Investigation in accordance with the provisions of this subchap-

  ter shall lose its privileged character. No information acquired from

  tangible things received by the Federal Bureau of Investigation in

  response to an order under this subchapter may be used or disclosed

  by Federal officers or employees except for lawful purposes.

  Appendix B: Computer

  Crime and Privacy Laws*

  USA Patriot Act

  Because the USA Patriot Act is comprised of more than 100 pages and

  affects sections of different statutes (some of which are included in separ
ate Appendices here), only the Table of Contents for the act will be included as a ready reference to looking up the appropriate provision of the act.

  USA Patriot Act

  AN ACT

  To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.

  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

  § 1. Short Title and Table of Contents

  (a) Short Title—This Act may be cited as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and

  Obstruct Terrorism (USA Patriot Act) Act of 2001.”

  (b) Table of Contents—The table of contents for this Act is as follows: Sec. 1. Short title and table of contents.

  Sec. 2. Construction; severability.

  Title I: Enhancing Domestic Security against Terrorism

  Sec. 101. Counterterrorism fund.

  Sec. 102. Sense of Congress condemning discrimination against Arab

  and Muslim Americans.

  * Note: Statutes and case laws change constantly. Do not rely upon any source of law as being current without conducting legal research or consulting competent legal counsel.

  Statutes and case law included here are current at the time of research but should be researched for current and up-to-date law before relying upon them. Always seek competent legal counsel on any legal questions.

  335

  336

  Appendix B: Computer Crime and Privacy Laws

  Sec. 103. Increased funding for the technical support center at the

  Federal Bureau of Investigation.

  Sec. 104. Requests for military assistance to enforce prohibition in cer-

  tain emergencies.

  Sec. 105. Expansion of National Electronic Crime Task Force Initiative.

  Sec. 106. Presidential authority.

  Title II: Enhanced Surveillance Procedures

  Sec. 201. Authority to intercept wire, oral, and electronic communica-

  tions relating to terrorism.

  Sec. 202. Authority to intercept wire, oral, and electronic communica-

  tions relating to computer fraud and abuse offenses.

  Sec. 203. Authority to share criminal investigative information.

  Sec. 204. Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications.

  Sec. 205. Employment of translators by the Federal Bureau of

  Investigation.

  Sec. 206. Roving surveillance authority under the Foreign Intelligence

  Surveillance Act of 1978.

  Sec. 207. Duration of FISA surveillance of non-United States persons

  who are agents of a foreign power.

  Sec. 208. Designation of judges.

  Sec. 209. Seizure of voice-mail messages pursuant to warrants.

  Sec. 210. Scope of subpoenas for records of electronic communications.

  Sec. 211. Clarification of scope.

  Sec. 212. Emergency disclosure of electronic communications to pro-

  tect life and limb.

  Sec. 213. Authority for delaying notice of the execution of a warrant.

  Sec. 214. Pen register and trap and trace authority under FISA.

  Sec. 215. Access to records and other items under the Foreign Intelligence Surveillance Act.

  Sec. 216. Modification of authorities relating to use of pen registers and trap and trace devices.

  Sec. 217. Interception of computer trespasser communications.

  Sec. 218. Foreign intelligence information.

  Sec. 219. Single-jurisdiction search warrants for terrorism.

  Sec. 220. Nationwide service of search warrants for electronic evidence.

  Sec. 221. Trade sanctions.

  Sec. 222. Assistance to law enforcement agencies.

  Sec. 223. Civil liability for certain unauthorized disclosures.

  Sec. 224. Sunset.

  Sec. 225. Immunity for compliance with FISA wiretap.

  Appendix B: Computer Crime and Privacy Laws

  337

  Title III: International Money Laundering Abatement

  and Anti-Terrorist Financing Act of 2001

  Sec. 301. Short title.

  Sec. 302. Findings and purposes.

  Sec. 303. 4-year congressional review; expedited consideration.

  Subtitle A: International Counter Money

  Laundering and Related Measures

  Sec. 311. Special measures for jurisdictions, financial institutions, or

  international transactions of primary money laundering concern.

  Sec. 312. Special due diligence for correspondent accounts and private

  banking accounts.

  Sec. 313. Prohibition on United States correspondent accounts with for-

  eign shell banks.

  Sec. 314. Cooperative efforts to deter money laundering.

  Sec. 315. Inclusion of foreign corruption offenses as money laundering

  crimes.

  Sec. 316. Anti-terrorist forfeiture protection.

  Sec. 317. Long-arm jurisdiction over foreign money launderers.

  Sec. 318. Laundering money through a foreign bank.

  Sec. 319. Forfeiture of funds in United States interbank accounts.

  Sec. 320. Proceeds of foreign crimes.

  Sec. 321. Financial institutions specified in subchapter II of chapter 53

  of title 31, United States code.

  Sec. 322. Corporation represented by a fugitive.

  Sec. 323. Enforcement of foreign judgments.

  Sec. 324. Report and recommendation.

  Sec. 325. Concentration accounts at financial institutions.

  Sec. 326. Verification of identification.

  Sec. 327. Consideration of anti-money laundering record.

  Sec. 328. International cooperation on identification of originators of

  wire transfers.

  Sec. 329. Criminal penalties.

  Sec. 330. International cooperation in investigations of money launder-

  ing, financial crimes, and the finances of terrorist groups.

  Subtitle B: Bank Secrecy Act Amendments

  and Related Improvements

  Sec. 351. Amendments relating to reporting of suspicious activities.

  Sec. 352. Anti-money laundering programs.

  Sec. 353. Penalties for violations of geographic targeting orders and certain recordkeeping requirements, and lengthening effective period

  of geographic targeting orders.

  338

  Appendix B: Computer Crime and Privacy Laws

  Sec. 354. Anti-money laundering strategy.

  Sec. 355. Authorization to include suspicions of illegal activity in written employment references.

  Sec. 356. Reporting of suspicious activities by securities brokers and

  dealers; investment company study.

  Sec. 357. Special report on administration of bank secrecy provisions.

  Sec. 358. Bank secrecy provisions and activities of United States intel-

  ligence agencies to fight international terrorism.

  Sec. 359. Reporting of suspicious activities by underground banking

  systems.

  Sec. 360. Use of authority of United States Executive Directors.

  Sec. 361. Financial crimes enforcement network.

  Sec. 362. Establishment of highly secure network.

  Sec. 363. Increase in civil and criminal penalties for money laundering.

  Sec. 364. Uniform protection authority for Federal Reserve facilities.

  Sec. 365. Reports relating to coins and currency received in nonfinan-

  cial trade or business.

  Sec. 366. Efficient use of currency transaction report system.

  Subtitle C: Currency Crimes and Protection

  Sec. 371. Bulk cash smuggling into or out of the United
States.

  Sec. 372. Forfeiture in currency reporting cases.

  Sec. 373. Illegal money transmitting businesses.

  Sec. 374. Counterfeiting domestic currency and obligations.

  Sec. 375. Counterfeiting foreign currency and obligations.

  Sec. 376. Laundering the proceeds of terrorism.

  Sec. 377. Extraterritorial jurisdiction.

  Title IV: Protecting the Border

  Subtitle A: Protecting the Northern Border

  Sec. 401. Ensuring adequate personnel on the northern border.

  Sec. 402. Northern border personnel.

  Sec. 403. Access by the Department of State and the INS to certain iden-

  tifying information in the criminal history records of visa applicants

  and applicants for admission to the United States.

  Sec. 404. Limited authority to pay overtime.

  Sec. 405. Report on the integrated automated fingerprint identification

  system for ports of entry and overseas consular posts.

  Subtitle B: Enhanced Immigration Provisions

  Sec. 411. Definitions relating to terrorism.

  Sec. 412. Mandatory detention of suspected terrorists; habeas corpus;

  judicial review.

  Appendix B: Computer Crime and Privacy Laws

  339

  Sec. 413. Multilateral cooperation against terrorists.

  Sec. 414. Visa integrity and security.

  Sec. 415. Participation of Office of Homeland Security on Entry-Exit

  Task Force.

  Sec. 416. Foreign student monitoring program.

  Sec. 417. Machine readable passports.

  Sec. 418. Prevention of consulate shopping.

  Subtitle C: Preservation of Immigration

  Benefits for Victims of Terrorism

  Sec. 421. Special immigrant status.

  Sec. 422. Extension of filing or reentry deadlines.

  Sec. 423. Humanitarian relief for certain surviving spouses and

  children.

  Sec. 424. “Age-out” protection for children.

  Sec. 425. Temporary administrative relief.

  Sec. 426. Evidence of death, disability, or loss of employment.

  Sec. 427. No benefits to terrorists or family members of terrorists.

  Sec. 428. Definitions.

  Title V: Removing Obstacles to Investigating Terrorism

  Sec. 501. Attorney General’s authority to pay rewards to combat

  terrorism.

  Sec. 502. Secretary of State’s authority to pay rewards.

 

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