Advanced Criminal Investigations and Intelligence Operations
Page 45
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.