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

[patrick]

All I have to say is what B. Franklin said a long, long time ago:

"They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety."
- Benjamin Franklin, Historical Review of Pennsylvania, 1759.



--- Joel Ware IV <jw4 at scn.org> wrote:
> 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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=====
Patrick Fisher
Webmaster
http://www.scn.org
Seattle Community Network
"Powering Our Communities with Technology"

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