Saddam Hussein -- U.S break Geneva Convention again

[bsnyder]

Originally posted by DisneyMagicTravis
Are you sure?

Have you heard of the Patriot Act?

Yep, and I've actually read it. Have you? Or have you just relied on the Cliff Notes version?

 

[DisneyMagicTravis]

Originally posted by bsnyder
Or have you just relied on the Cliff Notes version?

I believe you may have the Cliffs Notes version...
Here is some information:

For example, without a warrant and without probable cause, the FBI now has the power to access your most private medical records, your library records, and your student records... and can prevent anyone from telling you it was done.

 

[bsnyder]

Originally posted by DisneyMagicTravis
I believe you may have the Cliffs Notes version...
Here is some information:

For example, without a warrant and without probable cause, the FBI now has the power to access your most private medical records, your library records, and your student records... and can prevent anyone from telling you it was done.

But not without approval from a federal court (the Foreign Intelligence Surveillance Court)

This federal court, however, can issue these orders only after the government demonstrates the records concerned are sought for an authorized investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a U.S. person is not conducted solely on the basis of activities protected by the First Amendment.

Delayed notification search warrants are a long-existing, crime-fighting tool upheld by courts nationwide for decades in organized crime, drug cases and child pornography. The Patriot Act simply codified the authority law enforcement had already had for decades.

 

[Dan Murphy]

 

[bsnyder]

I think Senator Diane Feinstein (D) said it best, after the October Senate hearings on the Patriot Act:

""I've tried to see what has happened in the complaints that have come in," she said, "and I've received to date 21,434 complaints about the Patriot Act." Except these turned out to be unrelated civil liberties gripes, or complaints about a "Patriot Act II" that doesn't yet exist. "I have never had a single [verified] abuse of the Patriot Act reported to me. My staff emailed the ACLU and asked them for instances of actual abuses. They emailed back and said they had none."

The widespread hullabaloo over the Patriot Act, Senator Feinstein concluded, proceeds from "substantial uncertainty . . . about what this bill actually does do." And "perhaps some ignorance," she added."

*edited to correct a stupid spelling error*

 

[DisneyMagicTravis]

Here's more for you:

Unchecked power
The result is unchecked government power to rifle through individuals' financial records, medical histories, Internet usage, bookstore purchases, library usage, travel patterns, or any other activity that leaves a record. Making matters worse:

The government no longer has to show evidence that the subjects of search orders are an "agent of a foreign power," a requirement that previously protected Americans against abuse of this authority.
The FBI does not even have to show a reasonable suspicion that the records are related to criminal activity, much less the requirement for "probable cause" that is listed in the Fourth Amendment to the Constitution. All the government needs to do is make the broad assertion that the request is related to an ongoing terrorism or foreign intelligence investigation.
Judicial oversight of these new powers is essentially non-existent. The government must only certify to a judge - with no need for evidence or proof - that such a search meets the statute's broad criteria, and the judge does not even have the authority to reject the application.
Surveillance orders can be based in part on a person's First Amendment activities, such as the books they read, the Web sites they visit, or a letter to the editor they have written.
A person or organization forced to turn over records is prohibited from disclosing the search to anyone. As a result of this gag order, the subjects of surveillance never even find out that their personal records have been examined by the government. That undercuts an important check and balance on this power: the ability of individuals to challenge illegitimate searches.

 

[bsnyder]

It's not unchecked power at all.

Congress reviews the government’s use of business records under the Act. Every six months, the Attorney General must “fully inform” Congress on how it has been implemented. On October 17, 2002, the House Judiciary Committee issued a press release indicating it is satisfied with the Department’s use of section 215: “The Committee’s review of classified information related to FISA orders for tangible records, such as library records, has not given rise to any concern that the authority is being misused or abused.”

A person or organization forced to turn over records is prohibited from disclosing the search to anyone. As a result of this gag order, the subjects of surveillance never even find out that their personal records have been examined by the government. That undercuts an important check and balance on this power: the ability of individuals to challenge illegitimate searches.

Again, this part of the Patriot Act does not grant any new powers to law enforcement, so you're arguing about an "important check and balance" that didn't exist before the Patriot Act

 

[DisneyMagicTravis]

Well YOU can BELIEVE what you want....

 

[Dan Murphy]

EPIC also maintains a complete archive of material concerning the USA PATRIOT Act.


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(Also available in PDF)



HR 3162 RDS

107th CONGRESS

1st Session

H. R. 3162
IN THE SENATE OF THE UNITED STATES
October 24, 2001
Received



--------------------------------------------------------------------------------

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,

SECTION 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.
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 certain 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 communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic communications 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 protect 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.
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 foreign 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 laundering, 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.
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 intelligence 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 nonfinancial 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 identifying 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.
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.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
Subtitle A--Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B--Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION
Sec. 711. Expansion of regional information sharing system to facilitate Federal-State-local law enforcement response related to terrorist attacks.
TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
Sec. 801. Terrorist attacks and other acts of violence against mass transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic capabilities.
Sec. 817. Expansion of the biological weapons statute.
TITLE IX--IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central Intelligence regarding foreign intelligence collected under Foreign Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope of foreign intelligence under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of intelligence relationships to acquire information on terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports on intelligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign intelligence-related information with respect to criminal investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and use of foreign intelligence.
TITLE X--MISCELLANEOUS
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of `electronic surveillance'.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for dea police training in south and central asia.
Sec. 1008. Feasibility study on use of biometric identifier scanning system with access to the fbi integrated automated fingerprint identification system at overseas consular posts and points of entry to the United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local and State governments for performance of security functions at United States military installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision of funding for bioterrorism preparedness and response.
Sec. 1014. Grant program for State and local domestic preparedness support.
Sec. 1015. Expansion and reauthorization of the crime identification technology act for antiterrorism grants to States and localities.
Sec. 1016. Critical infrastructures protection.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY- There is hereby established in the Treasury of the United States a separate fund to be known as the `Counterterrorism Fund', amounts in which shall remain available without fiscal year limitation--
(1) to reimburse any Department of Justice component for any costs incurred in connection with--
(A) reestablishing the operational capability of an office or facility that has been damaged or destroyed as the result of any domestic or international terrorism incident;
(B) providing support to counter, investigate, or prosecute domestic or international terrorism, including, without limitation, paying rewards in connection with these activities; and
(C) conducting terrorism threat assessments of Federal agencies and their facilities; and
(2) to reimburse any department or agency of the Federal Government for any costs incurred in connection with detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States.
(b) NO EFFECT ON PRIOR APPROPRIATIONS- Subsection (a) shall not be construed to affect the amount or availability of any appropriation to the Counterterrorism Fund made before the date of the enactment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST ARAB AND MUSLIM AMERICANS.
(a) FINDINGS- Congress makes the following findings:
(1) Arab Americans, Muslim Americans, and Americans from South Asia play a vital role in our Nation and are entitled to nothing less than the full rights of every American.
(2) The acts of violence that have been taken against Arab and Muslim Americans since the September 11, 2001, attacks against the United States should be and are condemned by all Americans who value freedom.
(3) The concept of individual responsibility for wrongdoing is sacrosanct in American society, and applies equally to all religious, racial, and ethnic groups.
(4) When American citizens commit acts of violence against those who are, or are perceived to be, of Arab or Muslim descent, they should be punished to the full extent of the law.
(5) Muslim Americans have become so fearful of harassment that many Muslim women are changing the way they dress to avoid becoming targets.
(6) Many Arab Americans and Muslim Americans have acted heroically during the attacks on the United States, including Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani descent, who is believed to have gone to the World Trade Center to offer rescue assistance and is now missing.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the civil rights and civil liberties of all Americans, including Arab Americans, Muslim Americans, and Americans from South Asia, must be protected, and that every effort must be taken to preserve their safety;
(2) any acts of violence or discrimination against any Americans be condemned; and
(3) the Nation is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious backgrounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER AT THE FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated for the Technical Support Center established in section 811 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) to help meet the demands for activities to combat terrorism and support and enhance the technical support and tactical operations of the FBI, $200,000,000 for each of the fiscal years 2002, 2003, and 2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITION IN CERTAIN EMERGENCIES.
Section 2332e of title 18, United States Code, is amended--
(1) by striking `2332c' and inserting `2332a'; and
(2) by striking `chemical'.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE.
The Director of the United States Secret Service shall take appropriate actions to develop a national network of electronic crime task forces, based on the New York Electronic Crimes Task Force model, throughout the United States, for the purpose of preventing, detecting, and investigating various forms of electronic crimes, including potential terrorist attacks against critical infrastructure and financial payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50 U.S.C. 1702) is amended--
(1) in subsection (a)(1)--
(A) at the end of subparagraph (A) (flush to that subparagraph), by striking `; and' and inserting a comma and the following:
`by any person, or with respect to any property, subject to the jurisdiction of the United States;';
(B) in subparagraph (B)--
(i) by inserting `, block during the pendency of an investigation' after `investigate'; and
(ii) by striking `interest;' and inserting `interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and';
(C) by striking `by any person, or with respect to any property, subject to the jurisdiction of the United States`; and
(D) by inserting at the end the following:
`(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.'; and
(2) by inserting at the end the following:
`(c) CLASSIFIED INFORMATION- In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.'.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM.
Section 2516(1) of title 18, United States Code, is amended--
(1) by redesignating paragraph (p), as so redesignated by section 434(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph (r); and
(2) by inserting after paragraph (p), as so redesignated by section 201(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-565), the following new paragraph:
`(q) any criminal violation of section 229 (relating to chemical weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating to terrorism); or'.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE OFFENSES.
Section 2516(1)(c) of title 18, United States Code, is amended by striking `and section 1341 (relating to mail fraud),' and inserting `section 1341 (relating to mail fraud), a felony violation of section 1030 (relating to computer fraud and abuse),'.
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION-
(1) IN GENERAL- Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended to read as follows:
`(C)(i) Disclosure otherwise prohibited by this rule of matters occurring before the grand jury may also be made--
`(I) when so directed by a court preliminarily to or in connection with a judicial proceeding;
`(II) when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury;
`(III) when the disclosure is made by an attorney for the government to another Federal grand jury;
`(IV) when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of state criminal law, to an appropriate official of a state or subdivision of a state for the purpose of enforcing such law; or
`(V) when the matters involve foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in clause (iv) of this subparagraph), to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties.
`(ii) If the court orders disclosure of matters occurring before the grand jury, the disclosure shall be made in such manner, at such time, and under such conditions as the court may direct.
`(iii) Any Federal official to whom information is disclosed pursuant to clause (i)(V) of this subparagraph may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.
`(iv) In clause (i)(V) of this subparagraph, the term `foreign intelligence information' means--
`(I) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against--
`(aa) actual or potential attack or other grave hostile acts of-a foreign power or an agent of a foreign power;
`(bb) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
`(cc) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
`(II) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to--
`(aa) the national defense or the security of the United States; or
`(bb) the conduct of the foreign affairs of the United States.'.
(2) CONFORMING AMENDMENT- Rule 6(e)(3)(D) of the Federal Rules of Criminal Procedure is amended by striking `(e)(3)(C)(i)' and inserting `(e)(3)(C)(i)(I)'.
(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION-
(1) LAW ENFORCEMENT- Section 2517 of title 18, United States Code, is amended by inserting at the end the following:
`(6) Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in subsection (19) of section 2510 of this title), to assist the official who is to receive that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.'.
(2) DEFINITION- Section 2510 of title 18, United States Code, is amended by--
(A) in paragraph (17), by striking `and' after the semicolon;
(B) in paragraph (18), by striking the period and inserting `; and'; and
(C) by inserting at the end the following:
`(19) `foreign intelligence information' means--
`(A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against--
`(i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
`(ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
`(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
`(B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to--
`(i) the national defense or the security of the United States; or
`(ii) the conduct of the foreign affairs of the United States.'.
(c) PROCEDURES- The Attorney General shall establish procedures for the disclosure of information pursuant to section 2517(6) and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure that identifies a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).

(d) FOREIGN INTELLIGENCE INFORMATION-

(1) IN GENERAL- Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)) or foreign intelligence information obtained as part of a criminal investigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.
(2) DEFINITION- In this subsection, the term `foreign intelligence information' means--
(A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against--
(i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
(B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to--
(i) the national defense or the security of the United States; or
(ii) the conduct of the foreign affairs of the United States.
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code, is amended--
(1) by striking `this chapter or chapter 121' and inserting `this chapter or chapter 121 or 206 of this title'; and
(2) by striking `wire and oral' and inserting `wire, oral, and electronic'.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF INVESTIGATION.
(a) AUTHORITY- The Director of the Federal Bureau of Investigation is authorized to expedite the employment of personnel as translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations.

(b) SECURITY REQUIREMENTS- The Director of the Federal Bureau of Investigation shall establish such security requirements as are necessary for the personnel employed as translators under subsection (a).

(c) REPORT- The Attorney General shall report to the Committees on the Judiciary of the House of Representatives and the Senate on--

(1) the number of translators employed by the FBI and other components of the Department of Justice;
(2) any legal or practical impediments to using translators employed by other Federal, State, or local agencies, on a full, part-time, or shared basis; and
(3) the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting `, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,' after `specified person'.

SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS WHO ARE AGENTS OF A FOREIGN POWER.
(a) DURATION -

(1) SURVEILLANCE- Section 105(e)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is amended by--
(A) inserting `(A)' after `except that'; and
(B) inserting before the period the following: `, and (B) an order under this Act for a surveillance targeted against an agent of a foreign power, as defined in section 101(b)(1)(A) may be for the period specified in the application or for 120 days, whichever is less'.
(2) PHYSICAL SEARCH- Section 304(d)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended by--

(A) striking `forty-five' and inserting `90';
(B) inserting `(A)' after `except that'; and
(C) inserting before the period the following: `, and (B) an order under this section for a physical search targeted against an agent of a foreign power as defined in section 101(b)(1)(A) may be for the period specified in the application or for 120 days, whichever is less'.
(b) EXTENSION-

(1) IN GENERAL- Section 105(d)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is amended by--
(A) inserting `(A)' after `except that'; and
(B) inserting before the period the following: `, and (B) an extension of an order under this Act for a surveillance targeted against an agent of a foreign power as defined in section 101(b)(1)(A) may be for a period not to exceed 1 year'.
(2) DEFINED TERM- Section 304(d)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is amended by inserting after `not a United States person,' the following: `or against an agent of a foreign power as defined in section 101(b)(1)(A),'.
SEC. 208. DESIGNATION OF JUDGES.
Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended by--

(1) striking `seven district court judges' and inserting `11 district court judges'; and
(2) inserting `of whom no fewer than 3 shall reside within 20 miles of the District of Columbia' after `circuits'.
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS.
Title 18, United States Code, is amended--

(1) in section 2510--
(A) in paragraph (1), by striking beginning with `and such' and all that follows through `communication'; and
(B) in paragraph (14), by inserting `wire or' after `transmission of'; and
(2) in subsections (a) and (b) of section 2703--
(A) by striking `CONTENTS OF ELECTRONIC' and inserting `CONTENTS OF WIRE OR ELECTRONIC' each place it appears;
(B) by striking `contents of an electronic' and inserting `contents of a wire or electronic' each place it appears; and
(C) by striking `any electronic' and inserting `any wire or electronic' each place it appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.
Section 2703(c)(2) of title 18, United States Code, as redesignated by section 212, is amended--

(1) by striking `entity the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber' and inserting the following: `entity the--
`(A) name;
`(B) address;
`(C) local and long distance telephone connection records, or records of session times and durations;
`(D) length of service (including start date) and types of service utilized;
`(E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and
`(F) means and source of payment for such service (including any credit card or bank account number),
of a subscriber'; and

(2) by striking `and the types of services the subscriber or customer utilized,'.
SEC. 211. CLARIFICATION OF SCOPE.
Section 631 of the Communications Act of 1934 (47 U.S.C. 551) is amended--

(1) in subsection (c)(2)--
(A) in subparagraph (B), by striking `or';
(B) in subparagraph (C), by striking the period at the end and inserting `; or'; and
(C) by inserting at the end the following:
`(D) to a government entity as authorized under chapters 119, 121, or 206 of title 18, United States Code, except that such disclosure shall not include records revealing cable subscriber selection of video programming from a cable operator.'; and
(2) in subsection (h), by striking `A governmental entity' and inserting `Except as provided in subsection (c)(2)(D), a governmental entity'.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT LIFE AND LIMB.
(a) DISCLOSURE OF CONTENTS-

(1) IN GENERAL- Section 2702 of title 18, United States Code, is amended--
(A) by striking the section heading and inserting the following:
`Sec. 2702. Voluntary disclosure of customer communications or records';
(B) in subsection (a)--
(i) in paragraph (2)(A), by striking `and' at the end;
(ii) in paragraph (2)(B), by striking the period and inserting `; and'; and
(iii) by inserting after paragraph (2) the following:
`(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity.';
(C) in subsection (b), by striking `EXCEPTIONS- A person or entity' and inserting `EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS- A provider described in subsection (a)';
(D) in subsection (b)(6)--
(i) in subparagraph (A)(ii), by striking `or';
(ii) in subparagraph (B), by striking the period and inserting `; or'; and
(iii) by adding after subparagraph (B) the following:
`(C) if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay.'; and
(E) by inserting after subsection (b) the following:
`(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS- A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))--

`(1) as otherwise authorized in section 2703;
`(2) with the lawful consent of the customer or subscriber;
`(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;
`(4) to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or
`(5) to any person other than a governmental entity.'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2702 and inserting the following:
`2702. Voluntary disclosure of customer communications or records.'.
(b) REQUIREMENTS FOR GOVERNMENT ACCESS-

(1) IN GENERAL- Section 2703 of title 18, United States Code, is amended--
(A) by striking the section heading and inserting the following:
`Sec. 2703. Required disclosure of customer communications or records';
(B) in subsection (c) by redesignating paragraph (2) as paragraph (3);
(C) in subsection (c)(1)--
(i) by striking `(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may' and inserting `A governmental entity may require a provider of electronic communication service or remote computing service to';
(ii) by striking `covered by subsection (a) or (b) of this section) to any person other than a governmental entity.
`(B) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to a governmental entity' and inserting `)';
(iii) by redesignating subparagraph (C) as paragraph (2);
(iv) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by striking the period and inserting `; or'; and
(vi) by inserting after subparagraph (D) (as redesignated) the following:
`(E) seeks information under paragraph (2).'; and
(D) in paragraph (2) (as redesignated) by striking `subparagraph (B)' and insert `paragraph (1)'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2703 and inserting the following:
`2703. Required disclosure of customer communications or records.'.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.
Section 3103a of title 18, United States Code, is amended--

(1) by inserting `(a) IN GENERAL- ' before `In addition'; and
(2) by adding at the end the following:
`(b) DELAY- With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if--

`(1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705);
`(2) the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section 2510), or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and
`(3) the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.'.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.
(a) APPLICATIONS AND ORDERS- Section 402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended--

(1) in subsection (a)(1), by striking `for any investigation to gather foreign intelligence information or information concerning international terrorism' and inserting `for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution';
(2) by amending subsection (c)(2) to read as follows:
`(2) a certification by the applicant that the information likely to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.';
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read as follows:
`(A) shall specify--
`(i) the identity, if known, of the person who is the subject of the investigation;
`(ii) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied;
`(iii) the attributes of the communications to which the order applies, such as the number or other identifier, and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, in the case of a trap and trace device, the geographic limits of the trap and trace order.'.
(b) AUTHORIZATION DURING EMERGENCIES- Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended--

(1) in subsection (a), by striking `foreign intelligence information or information concerning international terrorism' and inserting `foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution'; and
(2) in subsection (b)(1), by striking `foreign intelligence information or information concerning international terrorism' and inserting `foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution'.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 and inserting the following:

`SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
`(a)(1) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.

`(2) An investigation conducted under this section shall--

`(A) be conducted under guidelines approved by the Attorney General under Executive Order 12333 (or a successor order); and
`(B) not be conducted of a United States person solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
`(b) Each application under this section--

`(1) shall be made to--
`(A) a judge of the court established by section 103(a); or
`(B) a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of that court; and
`(2) shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to protect against international terrorism or clandestine intelligence activities.
`(c)(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section.

`(2) An order under this subsection shall not disclose that it is issued for purposes of an investigation described in subsection (a).

`(d) No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.

`(e) A person who, in good faith, produces tangible things under an order pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context.

`SEC. 502. CONGRESSIONAL OVERSIGHT.
`(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for the production of tangible things under section 402.

`(b) On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period--

`(1) the total number of applications made for orders approving requests for the production of tangible things under section 402; and
`(2) the total number of such orders either granted, modified, or denied.'.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES.
(a) GENERAL LIMITATIONS- Section 3121(c) of title 18, United States Code, is amended--

(1) by inserting `or trap and trace device' after `pen register';
(2) by inserting `, routing, addressing,' after `dialing'; and
(3) by striking `call processing' and inserting `the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications'.
(b) ISSUANCE OF ORDERS-

(1) IN GENERAL- Section 3123(a) of title 18, United States Code, is amended to read as follows:
`(a) IN GENERAL-

`(1) ATTORNEY FOR THE GOVERNMENT- Upon an application made under section 3122(a)(1), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order, upon service of that order, shall apply to any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate the execution of the order. Whenever such an order is served on any person or entity not specifically named in the order, upon request of such person or entity, the attorney for the Government or law enforcement or investigative officer that is serving the order shall provide written or electronic certification that the order applies to the person or entity being served.
`(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER- Upon an application made under section 3122(a)(2), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court, if the court finds that the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
`(3)(A) Where the law enforcement agency implementing an ex parte order under this subsection seeks to do so by installing and using its own pen register or trap and trace device on a packet-switched data network of a provider of electronic communication service to the public, the agency shall ensure that a record will be maintained which will identify--
`(i) any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
`(ii) the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;
`(iii) the configuration of the device at the time of its installation and any subsequent modification thereof; and
`(iv) any information which has been collected by the device.
To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device.
`(B) The record maintained under subparagraph (A) shall be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order (including any extensions thereof).'.
(2) CONTENTS OF ORDER- Section 3123(b)(1) of title 18, United States Code, is amended--
(A) in subparagraph (A)--
(i) by inserting `or other facility' after `telephone line'; and
(ii) by inserting before the semicolon at the end `or applied'; and
(B) by striking subparagraph (C) and inserting the following:
`(C) the attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device under subsection (a)(2), the geographic limits of the order; and'.
(3) NONDISCLOSURE REQUIREMENTS- Section 3123(d)(2) of title 18, United States Code, is amended--
(A) by inserting `or other facility' after `the line'; and
(B) by striking `, or who has been ordered by the court' and inserting `or applied, or who is obligated by the order'.
(c) DEFINITIONS-

(1) COURT OF COMPETENT JURISDICTION- Section 3127(2) of title 18, United States Code, is amended by striking subparagraph (A) and inserting the following:
`(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals having jurisdiction over the offense being investigated; or'.
(2) PEN REGISTER- Section 3127(3) of title 18, United States Code, is amended--
(A) by striking `electronic or other impulses' and all that follows through `is attached' and inserting `dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, however, that such information shall not include the contents of any communication'; and
(B) by inserting `or process' after `device' each place it appears.
(3) TRAP AND TRACE DEVICE- Section 3127(4) of title 18, United States Code, is amended--
(A) by striking `of an instrument' and all that follows through the semicolon and inserting `or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided, however, that such information shall not include the contents of any communication;'; and
(B) by inserting `or process' after `a device'.
(4) CONFORMING AMENDMENT- Section 3127(1) of title 18, United States Code, is amended--
(A) by striking `and'; and
(B) by inserting `, and `contents' after `electronic communication service'.
(5) TECHNICAL AMENDMENT- Section 3124(d) of title 18, United States Code, is amended by striking `the terms of'.
(6) CONFORMING AMENDMENT- Section 3124(b) of title 18, United States Code, is amended by inserting `or other facility' after `the appropriate line'.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--

(1) in section 2510--
(A) in paragraph (18), by striking `and' at the end;
(B) in paragraph (19), by striking the period and inserting a semicolon; and
(C) by inserting after paragraph (19) the following:
`(20) `protected computer' has the meaning set forth in section 1030; and
`(21) `computer trespasser'--
`(A) means a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and
`(B) does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer.'; and
(2) in section 2511(2), by inserting at the end the following:
`(i) It shall not be unlawful under this chapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to, through, or from the protected computer, if--

`(I) the owner or operator of the protected computer authorizes the interception of the computer trespasser's communications on the protected computer;
`(II) the person acting under color of law is lawfully engaged in an investigation;
`(III) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser's communications will be relevant to the investigation; and
`(IV) such interception does not acquire communications other than those transmitted to or from the computer trespasser.'.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C. 1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence Surveillance Act of 1978 are each amended by striking `the purpose' and inserting `a significant purpose'.

SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is amended by inserting after `executed' the following: `and (3) in an investigation of domestic terrorism or international terrorism (as defined in section 2331 of title 18, United States Code), by a Federal magistrate judge in any district in which activities related to the terrorism may have occurred, for a search of property or for a person within or outside the district'.

SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC EVIDENCE.
(a) IN GENERAL- Chapter 121 of title 18, United States Code, is amended--

(1) in section 2703, by striking `under the Federal Rules of Criminal Procedure' every place it appears and inserting `using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation'; and
(2) in section 2711--
(A) in paragraph (1), by striking `and';
(B) in paragraph (2), by striking the period and inserting `; and'; and
(C) by inserting at the end the following:
`(3) the term `court of competent jurisdiction' has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation.'.
(b) CONFORMING AMENDMENT- Section 2703(d) of title 18, United States Code, is amended by striking `described in section 3127(2)(A)'.

SEC. 221. TRADE SANCTIONS.
(a) IN GENERAL- The Trade Sanctions Reform and Export Enhancement Act of 2000 (Public Law 106-387; 114 Stat. 1549A-67) is amended--

(1) by amending section 904(2)(C) to read as follows:
`(C) used to facilitate the design, development, or production of chemical or biological weapons, missiles, or weapons of mass destruction.';
(2) in section 906(a)(1)--
(A) by inserting `, the Taliban or the territory of Afghanistan controlled by the Taliban,' after `Cuba'; and
(B) by inserting `, or in the territory of Afghanistan controlled by the Taliban,' after `within such country'; and
(3) in section 906(a)(2), by inserting `, or to any other entity in Syria or North Korea' after `Korea'.
(b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT- Nothing in the Trade Sanctions Reform and Export Enhancement Act of 2000 shall limit the application or scope of any law establishing criminal or civil penalties, including any executive order or regulation promulgated pursuant to such laws (or similar or successor laws), for the unlawful export of any agricultural commodity, medicine, or medical device to--

(1) a foreign organization, group, or person designated pursuant to Executive Order 12947 of January 23, 1995, as amended;
(2) a Foreign Terrorist Organization pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132);
(3) a foreign organization, group, or person designated pursuant to Executive Order 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to Executive Order 12978 (October 21, 1995) or the Foreign Narcotics Kingpin Designation Act (Public Law 106-120); or
(5) any foreign organization, group, or persons subject to any restriction for its involvement in weapons of mass destruction or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional technical obligation or requirement on a provider of a wire or electronic communication service or other person to furnish facilities or technical assistance. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to section 216 shall be reasonably compensated for such reasonable expenditures incurred in providing such facilities or assistance.

SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.
(a) Section 2520 of title 18, United States Code, is amended--

(1) in subsection (a), after `entity', by inserting `, other than the United States,';
(2) by adding at the end the following:
`(f) ADMINISTRATIVE DISCIPLINE- If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.'; and

(3) by adding a new subsection (g), as follows:
`(g) IMPROPER DISCLOSURE IS VIOLATION- Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by section 2517 is a violation of this chapter for purposes of section 2520(a).

(b) Section 2707 of title 18, United States Code, is amended--

(1) in subsection (a), after `entity', by inserting `, other than the United States,';
(2) by striking subsection (d) and inserting the following:
`(d) ADMINISTRATIVE DISCIPLINE- If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.'; and

(3) by adding a new subsection (g), as follows:
`(g) IMPROPER DISCLOSURE- Any willful disclosure of a `record', as that term is defined in section 552a(a) of title 5, United States Code, obtained by an investigative or law enforcement officer, or a governmental entity, pursuant to section 2703 of this title, or from a device installed pursuant to section 3123 or 3125 of this title, that is not a disclosure made in the proper performance of the official functions of the officer or governmental entity making the disclosure, is a violation of this chapter. This provision shall not apply to information previously lawfully disclosed (prior to the commencement of any civil or administrative proceeding under this chapter) to the public by a Federal, State, or local governmental entity or by the plaintiff in a civil action under this chapter.'.

(c)(1) Chapter 121 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 2712. Civil actions against the United States
`(a) IN GENERAL- Any person who is aggrieved by any willful violation of this chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action in United States District Court against the United States to recover money damages. In any such action, if a person who is aggrieved successfully establishes such a violation of this chapter or of chapter 119 of this title or of the above specific provisions of title 50, the Court may assess as damages--

`(1) actual damages, but not less than $10,000, whichever amount is greater; and
`(2) litigation costs, reasonably incurred.
`(b) PROCEDURES- (1) Any action against the United States under this section may be commenced only after a claim is presented to the appropriate department or agency under the procedures of the Federal Tort Claims Act, as set forth in title 28, United States Code. `(2) Any action against the United States under this section shall be forever barred unless it is presented in writing to the appropriate Federal agency within 2 years after such claim accrues or unless action is begun within 6 months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented. The claim shall accrue on

 

[bsnyder]

Dan!

Originally posted by DisneyMagicTravis
Well YOU can BELIEVE what you want....

No thanks. I'll stick with the facts.

 

[phorsenuf]

Gee Dan, that certainly summed it up! LOL

 

[Pop Daddy]

jjcollins do you have any reletives in Boston that are physicians

 

[Kismetdreams]

Ack!

 

[Cruisin]

popdaddy- where's the long post guy when you need him

 

[tigercat]

I am confused by your "free" speech. I can understand the differing of opinions, but why is it if the person doesn't agree with the doctrine they are attacked personally? Is that what "free" speech means? That if you don't agree with things then you will be attacked personally. Are you afraid of something? I am trying to understand.
tigercat

 

[PamOKW]

Although Saddam was disgustingly dirty -- that was not a lice check. It was checking him for identifying marks and taking DNA samples. Saddam was known to have "body doubles" who were surgically transformed to look like him. They needed to be sure it was the true Saddam. The $750,000 was a good indicator that it was him but this was one step that they took.

Saddam is not just anyone -- he is among the most evil leaders to have ever lived -- right up there with his modern day contemporaries Hitler and Stalin. He has killed, brutalized and terrorized hundreds of thousands of men, women and children. Didn't anyone hear the spontaneous shout of joy from the Iraq newsman at the press conference?

Saddam's actual status is being determined. I heard that they plan to accord him the rights of a prisoner of war until they decide how he will be handled. My suggestion would be to just drop him off in downtown Baghdad....or better yet in a Kurd town.

(By the way, if folks are interested in people's whose rights are stomped on, try being a Catholic in Northern Ireland.)

 

[Teejay32]

Horrraaaaa
It's the justice day.
I'm speechless.
I'm crying.
The tyrants' hour has finally came. I went down to the streets to share the joy with my brothers. This is our day, the day of all the oppressed and good people on earth.
Tears of joy filled the eyes of all the people.
Saddam, the coward, hides in a hole, shaking in fear from being captured......

It's indeed an inauspicious day for all the tyrants. Let them know that their days are near too.
This is the day of all Iraqi martyrs who were slaughtered just to please his sick lust for blood.
Rest in peace my brothers. The paradise is yours and the disgrace and hell is for all the tyrants on earth.
Thank you American, British, Spanish, Italian, Australian, Ukrainian, Japanese and all the coalition people and all the good people on earth.
God bless the 1st brigade.
God bless the 4th infantry division.
God bless Iraq.
God bless America.
God bless the coalition people and soldiers.
God bless all the freedom loving people on earth.
I wish I could hug you all.


- Omar, Iraq the Model

 

[WDWHound]

The directions this thread has taken have been truly facinating. It astounds me to see how people can take such a wonderful event in human history and twist it to meet their own agenda.

I don't post here often enough for my opinions to be well known, but those who know me know that the patriot act makes me a little jumpy. Heck, I even posted a thread about this recently. Still, my concerns are for the potential of abuse only. To date, no documented cases of abuse exist. Yes, we should be very cautious and vigilant when regarding something like the patriot act, but to point to the patriot act as an example of America's trampling of human rights is exageration in the extreme.

Saddam is an evil man. I don't think there are many here who would agrue that. So, how is America dealing with his capture? Are we torturing him like he did so many of his subjects? Are we executing him before he can express his viewpoint? Are we denying him a trial? NO. The worst that could be said is that we showed some brief footage of him on television, and even that was absolutely necessary to prove to his former subjects that we had the right man.

America is not perfect, but ask yourselves, how would China, or Russia or most Middle Eastren countries have dealt with this sort of situation? Do you really think they would have let Saddam live this long, much less offered him a trial? I doubt it.

We captured an evil man who tortured and killed his own people and the best that many of those who oppose Bush can come up with is to point their fingers at an act that is only potentially an issue and to complain that we briefly showed Saddam on TV. OH, THE HUMANITY!

These are dangerous times and we should be forever vigilant of acts both by and against the US government, but lets not exagerate the dangers here. An evil dictator was shown for 30 seconds on TV, and then only to prove we had the right man. This is not a human rights violation. It is simply an effort to communicate to the world that Saddam is in custody. I cant help but think that those who see it as more than that are simply looking for any excuse to call George Bush and his administration evil. Well, to those folks I say, look elsewhere, for there is nothing in Saddams capture or treatment that even approaches a violation of his human rights. America has shown incredible restraint and will continue to do so. Go bark up another tree.

 

[TarraLee]

Right on, Hound. I lost alot of respect for a few posters here as I read this thread. Wow.

I'm proud of America, our troops, and our President today. I'm proud that our country will treat all people as God's creations, with decency and respect, even if those people don't deserve an ounce of it. Hussein is one of the most terrible people I could ever imagine, yet he has not been beaten, tourtured, or publicly ridiculed. When I think of the way Iraqui soliders under his command treated Jessica Lynch and other POWs, I can't help but cry.

JJ, Three circles, Sandra M, you can write all you want about how the US and George W are violating conventions.... but this American, and many many other Americans and Iraquis are closing our ears to your ridiculous claims. I'm sure you'd feel alot differently had you been a Iraqui citizen for the past five years, or a Coalition solider, or one of her/his family members, for the past year.

I'm jumping for joy that SH is captured and Iraqis will never again fear him! Way to go Coalition soliders! Way to go President Bush! Way to go America!

 

[dmadman43]

Someone said that this was a great day for America but wouldn't a great day for America be capturing those responsible for 9/11

Well, no problem there. I think they are all dead. I think they all died on 9/11

or reviving the lost respect we had in the world

Uh..why should we care? I mean, really. Why do we need the rest of the world's approval. Unlike Europe, I don't think we are that insecure.

P.J. O'Rourke put it best back in August of 2001

http://www.opinionjournal.com/extra/?id=95001025

We'll Run
This Planet
As We Please
And if you don't like it, go back where we came from.

BY P.J. O'ROURKE

Are Americans pursuing a misguided course of unilateralism? Are we failing to cooperate and coordinate with other countries in matters such as the Kyoto climate treaty, missile defense, and peace processes in the Middle East, the Balkans and elsewhere? Are we telling foreigners to go pound sand?

But we are foreigners. Every person in America came from, or is descended from someone who came from, somewhere else, even if it was 30,000 years ago on a land bridge across the Bering Strait. Of course we're unilateral. If we Americans had wanted to be ordered around by English wig-tops, French functionaries, bossy Germans, disorganized Italians, tin-pot Latin American dictators, and Ice Age Siberian bureaucrats, we would have stayed where we were. And in the case of us Americans who were shipped here, due to slavery or exile, we could have gone back. Both the history of Liberia and the type of American who lives in Paris indicate this is a bad idea.

Being foreigners ourselves, we know what you other foreigners are up to with your Faustian bargaining sessions, your venomous covenants, lying alliances, greedy agreements, back-stabbing ententes cordiales, and trick-or-treat treaty ploys. Count us out.

And, while we're counting, let's count all the nations on the face of the earth that really count. The number seems to be one. Russia used to be a superpower but resigned "to spend more time with the family." China is supposed to be mighty. But the Chinese leadership sweats and trembles when a couple hundred Falun Gong members show up in Tianamen Square for a mass tai chi workout.

The United States, with 4.5% of the world's population and 6% of its land area, produces one-fifth of everything in the world. And we consume even more than that. No nation compares to America in wealth. Certainly not Japan. Japan turned out to be a macroeconomic Pokémon craze. Impoverished citizens of the developing world do not wade the Pacific in the middle of the night seeking a better life in Japan.
No nation compares to America in influence. American fashions, entertainment, aspirations and ideals dominate the planet the way Chandra Levy dominates Fox News Channel. Britain, France and Germany are obscure branch offices of American culture and may be closed in the interests of rational consolidation.

As for comparisons in matters of life and death, America spends more on defense than the next 12 top defense-spending countries combined. If the U.S. is going to be involved in military multilateralism, it should ask its partner nations that ancient question of diplomacy, "You and what army?"

Indeed, getting America involved in anything of a multilateral nature is like naming The Rock to an Olympic rowing team and giving the other oars to David Spade and Calista Flockhart. When America does manage to participate, as an equal, in the community of nations, the results are not pretty. Look at the stupid U.N. And somewhere in the hills of former Yugoslavia the ghost of Woodrow Wilson wanders Marley-like, dragging his chains and regretting the deeds of his life. Yet the foolish notion of one-worlders persists: Let the lion lie down with the lamb chop.

What is the point of multilateralism? Is it supposed to prevent wars? There aren't many wars at the moment--except in Israel, Macedonia and a few other places where multilateralism has been attempted. Is nuclear holocaust to be prevented? America's unilateral missile-defense system will do that, albeit unilaterally. And, by the way, how come all the people who were so in favor of unilateral nuclear disarmament are so opposed to unilateral protection against nukes?

Is the environment to be cleaned up? What's needed for environmental cleanup is money. America has most of it. A Kyoto treaty that damages the American economy is not going to leave us Americans with extra money to help you foreigners recycle your trash--like all those corrupt, deposed dictators you're always sending here.

Or is the point of multilateralism simply that America is expected to imitate the elder and better nations of Europe? They, in their wisdom, decided that their continent did not have enough government and needed one more big one. After Hitler, Napoleon and Attila the Hun, the Europeans should know where this leads. Undeterred by historical example, however, the EU looks to fulfill the age-old dream of having a country of English cooks, German lovers, French defense forces and Italian efficiency experts.

America is not an insular country. Unilateralism is not isolationism. America has always been outward-looking, as the beleaguered Sioux and high-tailing Mexican armies of the century before last could testify. An isolationist America would mean New York State champagne and Mississippi catfish caviar. And there is an intrinsic element of the multilateral in the American character. Look at our malls. We are perfectly willing to accept what the rest of the world deems good--if it comes in attractive colors.
But the rest of the world should not push America too far with claims upon international relations. The earth is not a family. And only an idiot would try multilateralism in a family, anyway. If you foreigners want America to join in a family marriage of nations, fine. But I warn you, we will be a strict dad. Because it's our planet. And we said so.