[iwar] [fc:Anti-terrorism.bill's."expiration.date".may.not.mean.much]

From: Fred Cohen (fc@all.net)
Date: 2001-10-26 13:49:33
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From: Fred Cohen <fc@all.net>
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Date: Fri, 26 Oct 2001 13:49:33 -0700 (PDT)
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Subject: [iwar] [fc:Anti-terrorism.bill's."expiration.date".may.not.mean.much]
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Text of USA Act, which President Bush will sign today:
<a href="http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162">http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162>:

Background:
<a href="http://www.wartimeliberty.com/search.pl?topic=legislation">http://www.wartimeliberty.com/search.pl?topic=legislation>

---

<a href="http://www.wired.com/news/conflict/0,2100,47901,00.html">http://www.wired.com/news/conflict/0,2100,47901,00.html>
   
   Terror Bill Has Lasting Effects
   By Declan McCullagh (<a href="mailto:declan@wired.com?Subject=Re:%20(ai)%20Anti-terrorism%20bill's%20"expiration%20date"%20may%20not%20mean%20much%2526In-Reply-To=%2526lt;B7FEE9D1.1A12F%25rforno@infowarrior.org">declan@wired.com</a>)
   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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