SCN: USA Patriot Act, was: WAISP Legislative Update 11/1/01 (fwd)

[Joel Ware IV]

For your info -- update on Federal law  "USA Patriot Act"

Joel Ware, IV           jw4 at scn.org
Volunteer Coordinator Emeritus, Member of Governance, HR, Ops, Board

---------- Forwarded message ----------
Date: Thu, 1 Nov 2001 11:26:49 -0800
From: Gary Gardner--Executive Director <exec-director at waisp.org>
To: announcements at waisp.org
Subject: WAISP Legislative Update 11/1/01

President Bush has signed into law bill HR 3162, the "Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001" (USA
PATRIOT Act). On octboer 26, 2001, this legislation became
Public Law 107-56.  It is broad bill that covers immigration,
money laundering, relief for victims of terrorism, and foreign
intelligence.

The new law includes a number of provisions that directly affect
surveillance of Internet communications.

You can obtain a copy of the bill  from the Library of Congress Thomas site at
http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.3162.ENR:.

The following is a summary of the provisions that affect
Internet Service Providers:

** Section 216 expands law enforcement authority for pen
   registers and trap and trace devices (the technologies
   used to determine what phone numbers are called, and to
   trace the callers).  This section expands these technologies
   to include routing and other information to identify
   Internet communications.  This provides the legal authority
   for use of the FBI's Carnivore, and allows such technology
   to be used nationwide with a single warrant.

** Section 202 adds computer fraud and abuse to the list of
   crimes for which wiretap orders may be issued.

** Section 209 allows the seizure of voice mail messages if a
   warrant has been issued.

** Section 210 expand the scope of information that may be
   obtained from an ISP under subpoena to include  "name",
   "address", "local and long distance telephone connection
   records, or records of session times and durations", "length
   of service (including start date) and types of service
   utilized", "telephone or instrument number or other subscriber
   number or identity, including any temporarily assigned network
   address" and the "means and source of payment for such service
   (including any credit card or bank account number)".

** Section 211 specifies that cable Internet or cable telephony
   operators are also subject to these laws, though it continues
   the exemption from revealing records of which selection of video
   programming is viewed.

** Section 217 dramatically expands the ability of law enforcement
   to intercept communications to or from a "protected computer"
   -- which also includes any server on the Internet -- in the event
   of an illegal trespass.

** Section 222  requires that service providers who
   provide facilities and technical assistance to law enforcement
   be fairly compensated.

There is a four-year sunset to the expanded law enforcement
rights.  The sunset applies to sections 209 (voice mail), 210
(scope of subpoenas for electronic communications service
providers), and 217 (computer trespasser information), but does
not apply to Sections 216 (expansion of pen register and trap and
trace authority), 211 (cable services) and 222 (no technology
mandates).




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