英语论文网

use electronic surveillance for foreign intelligence gathering without going through a court. The only safeguard is that the Attorney General must confirm under oath that the surveillance is only used against foreign powers. The act also lets the president conduct physical searches without court approval and issue ex parte wire taps. [viii]

The PATRIOT Act itself is divided into ten titles. The first of these titles strengthens “domestic security against terrorism” and is composed of six sections. Section 101 (101) creates an unlimited fund in the Treasury, termed the ‘Counterterrorism fund’ to reimburse the Department of Justice or any other federal department or agency for costs incurred when dealing with terrorists, including reimbursement for facilities damaged by attacks. The PATRIOT Act is strictly concerned with appropriations issued after its passage and has no effect on any previous transaction. The next section talks about how discrimination against people of Arabic or South Asian ethnicity or against Muslims will not be tolerated. Section 103 increases the funding for the FBI’s Technical Support Center by two hundred million dollars in the years 2002, 2003, and 2004. The last section of this title alters Section 203 of the International Emergency Powers Act to let the president “confiscate any property…of any foreign person, foreign organization, or foreign country that he determines…has engaged in…hostilities against the United States.” This property can then be used in any means, as long as it ultimately aids the US. [ix]

Title II provides for increased security measures and expands the use of surveillance. Sections 201 and 202 give the federal government the ability to eavesdrop on oral and electronic communications that relate to terrorism, mail fraud, computer fraud, or computer abuse. 203 alters the Federal Rules of Criminal Procedure so that grand juries can share information if: directed by a court, the information will be conveyed to another grand jury by a federal lawyer, requested by a defendant for the purpose of dismissing an indictment, requested by a government attorney for the purpose of exposing a violation of state law and reporting it to state authorities, the information “involve[s] foreign intelligence or counterintelligence…or foreign intelligence information,” or to a federal official. The last of these stipulates that it must be an official involved with domestic security or foreign intelligence and that the information must relate to the person’s “official duties.” Additionally, an official has a “reasonable” period of time before notifying that court that such a disclosure of information was made and who it was made to. Also, Section 203(b) gives government officials the authority to share information obtained by monitoring oral, written, or electronic communications with other government agencies or members of those agencies, as long as it will be used in a way relevant to countering terrorism or ensuring national security. 205 enables the FBI to use translators on the condition that security requirements are in place and that the Attorney General reports various statistics to Congress. 206 enables federal officials to perform roving surveillance, which lets them follow a person to new locations. One consequence of this section is it authorizes the use of roving wiretaps. Section 207 concerns foreign agents. It states that they may be placed under surveillance,