Match a commonly referenced antiterrorism law or policy to its source. Note that many laws currently in use that threaten civil liberties predate the USA PATRIOT Act.
|
Common Name (Alphabetical
Order) |
Source Law or Policy
|
| Delaying notice of the execution of a warrant, Authority for |
USA PATRIOT Act §213 |
| Detentions (preventive) without charges (used post-9/11 to round up and hold men of Arab, Muslim, or South Asian descent for long periods) |
8 U.S.C. § 1231(a)(6), Detention, release, and removal of aliens ordered removed, 12/21/00 |
| Domestic terrorism, Definition of | USA PATRIOT Act §802 |
| Eavesdropping on attorney-client conversations in prison (without obtaining permission from a judge) |
DOJ Bureau of Prisons interim regulation 10/31/01 (66 FR 211, at 55062) |
| Enemy combatant designation (applies to U.S. citizens and noncitizens) | President Bush's Military Order 11/13/01, Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism , 66 FR 57833. NOTE: See June 2004 U.S. Supreme Court decisions Rasul v. Bush and Hamdi v. Rumsfeld. |
| Foreign Intelligence Surveillance Act (FISA) amendments: | Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.1805(e)(1)) |
| Access to records and other items under FISA | USA PATRIOT Act §215 |
| Foreign intelligence information (eliminating need for FBI to show "probable cause" before conducting secret searches or surveillance to obtain evidence of a crime) |
USA PATRIOT Act §218 |
| Pen register and trap and trace authority under FISA | USA PATRIOT Act §214 |
| Roving surveillance authority under FISA (AKA "roving wiretaps") | USA PATRIOT Act §206 |
| Freedom of Information Act requests, Attorney General guidelines | Department of Justice Interim regulation 9/20/01 (66 FR 183 at 48334) and Attorney General's "Memorandum for Heads of all Federal Departments and Agencies," 10/12/01 |
| Immigration hearings, Closing of specialist interest detainees' hearings to press and public on blanket basis |
Creppy Memo, 9/21/01. Memo entitled "Cases requiring special procedures," by Chief Immigration Judge Michael Creppy |
| Material support for terrorism | 1996 Anti-terrorism Act, amended by USA PATRIOT Act §802.see also USAPA §411. See December 3, 2003, decision of the 9th circuit on Humanitarian Law Project I, 352 F.3d 382 (9th Cir. 2003), holding “that the prohibition of ‘personnel’ and ‘training’ in § 2339B is unconstitutionally vague.” |
| Material witness, detension of (Meant to ensure presence at a trial or before a grand jury of a witness considered a flight risk, this law has been used to detail about 50 Muslim men, including Brandon Mayfield, for whom the government lacked probable cause warranting an arrest. |
Federal "material witness" law of 1984 |
| Military tribunals | President Bush's Military Order 11/13/01, Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism , 66 FR 57833. |
| Monitor religious and political groups without suspicion of criminal activity, FBI permission to |
Attorney General's Investigative Guidelines, 5/30/02 |
| National Security Letters | Electronic Communications Privacy Act of 1986; expanded by USA PATRIOT Act §505 and later by the Intelligence Authorization Act for 2004, which expanded definition of "financial institutions." |
| SEVIS (Student and Exchage Visitor Information System) | USA PATRIOT Act §416, "Foreign Student Monitoring Program" |
| Share criminal investigative information, Authority to | USA PATRIOT Act §203 |
| Sneak and peek, see "Delaying notice" | USA PATRIOT Act §213 |
| Special registration program: National Security Entry/Exit Registration System (NSEERS) |
Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106 –215) |
| Sunset provisions, providing a December 31, 2005, termination date for some of the more controversial sections of USA PATRIOT Act Title II.. Sections that will expire unless Congress reauthorizes them are 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222. |
USA PATRIOT Act §224 |
| Terrorism, Definitions relating to (designation of foreign and domestic groups as "terrorist organizations") |
USA PATRIOT Act §411 |
This page was originally published by the Bill of Rights Defense Committee (BORDC). [1]