Date: Fri, 26 Oct 2001 09:53:49 -0400
To: Matthew Gaylor <freematt@coil.com>
From: Matthew Gaylor <freematt@coil.com>
Subject: Terror Bill Has Lasting Effects By Declan McCullagh
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

Date: Fri, 26 Oct 2001 08:33:14 -0400
From: Declan McCullagh <declan@well.com>
Subject: FC: Anti-terrorism bill's "expiration date" may not mean much


Text of USA Act, which President Bush will sign today:
http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162:

Background:
http://www.wartimeliberty.com/search.pl?topic=legislation

---

http://www.wired.com/news/conflict/0,2100,47901,00.html

    Terror Bill Has Lasting Effects
    By Declan McCullagh (declan@wired.com)
    2:00 a.m. Oct. 26, 2001 PDT

    WASHINGTON -- Legislators who sent a sweeping anti-terrorism bill to
    President Bush this week proudly say that the most controversial
    surveillance sections will expire in 2005.

    Senate Judiciary chairman Patrick Leahy (D-Vermont) said that a
    four-year expiration date "will be crucial in making sure that these
    new law enforcement powers are not abused." In the House, Bob Barr
    (R-Georgia) stressed that "we take very seriously the sunset
    provisions in this bill."

    But the Dec. 2005 expiration date embedded in the USA Act -- which the
    Senate approved 98 to 1 on Thursday -- applies only to a tiny part of
    the mammoth bill.

    After the president signs the measure on Friday, police will have the
    permanent ability to conduct Internet surveillance without a court
    order in some circumstances, secretly search homes and offices without
    notifying the owner, and share confidential grand jury information
    with the CIA.

    Also exempt from the expiration date are investigations underway by
    Dec. 2005, and any future investigations of crimes that took place
    before that date.

    [...]

    Other sections of the USA Act, which the House approved by a 357 to 66
    vote on Wednesday, that do not expire include the following:

      * Police can sneak into someone's house or office, search the
 contents, and leave without ever telling the owner. This would be
 supervised by a court, and the notification of the surreptitious
 search "may be delayed" indefinitely. (Section 213)
      * Any U.S. attorney or state attorney general can order the
 installation of the FBI's Carnivore surveillance system and record
 addresses of Web pages visited and e-mail correspondents --
 without going to a judge. Previously, there were stiffer legal
 restrictions on Carnivore and other Internet surveillance
 techniques. (Section 216)
      * Any American "with intent to defraud" who scans in an image of a
 foreign currency note or e-mails or transmits such an image will
 go to jail for up to 20 years. (Section 375)
      * An accused terrorist who is a foreign citizen and who cannot be
 deported can be held for an unspecified series of "periods of up
 to six months" with the attorney general's approval. (Section 412)
      * Biometric technology, such as fingerprint readers or iris
 scanners, will become part of an "integrated entry and exit data
 system" with the identities of visa holders who hope to enter the
 U.S. (Section 414)
      * Any Internet provider or telephone company must turn over customer
 information, including phone numbers called -- no court order
 required -- if the FBI claims the "records sought are relevant to
 an authorized investigation to protect against international
 terrorism." The company contacted may not "disclose to any person"
 that the FBI is doing an investigation. (Section 505)
      * Credit reporting firms like Equifax must disclose to the FBI any
 information that agents request in connection with a terrorist
 investigation -- without police needing to seek a court order
 first. Current law permits this only in espionage cases. (Section
 505)
      * The current definition of terrorism is radically expanded to
 include biochemical attacks and computer hacking. Some current
 computer crimes -- such as hacking a U.S. government system or
 breaking into and damaging any Internet-connected computer -- are
 covered. (Section 808)
      * A new crime of "cyberterrorism" is added, which covers hacking
 attempts causing damage "aggregating at least $5,000 in value" in
 one year, any damage to medical equipment or "physical injury to
 any person." Prison terms range between five and 20 years.
 (Section 814)
      * New computer forensics labs will be created to inspect "seized or
 intercepted computer evidence relating to criminal activity
 (including cyberterrorism)" and to train federal agents. (Section
 816)




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