Posted on 11/26/2003 2:51:21 PM PST by Revel
Expanded Patriot Act Reach Would Hit The Net, Too Charles Farrar
November 25, 2003
WASHINGTON - A bill approved by Congress last week to extend the reach of the Patriot Act would expand the FBI's business document and transaction power to cyberspace stations like eBay, Internet logs, and Internet service providers, and without requiring a judge's approval.
It's part of the new bill's redefinition of the term "financial institution" and "financial transaction," according to Wired, and allows the FBI to get such records by handing itself a national security letter saying those records are relevant to a terrorism investigation.
"The FBI doesn't need to show probable cause or consult a judge," the magazine said. "What's more, the target institution is issued a gag order and kept from revealing the subpoena's existence to anyone, including the subject of the investigation."
This bill follows a stalled attempt earlier this year by the Justice Department to write and push the so-called "Patriot II" act, but a leak of the draft provoked such an outcry that the department backed away from that proposal, but Wired said the newly passed bill involves one of Patriot II's most controversial aspects.
According to Duke University law professor Chris Schroeder, that shows those who wanted to expand the FBI's powers didn't want to stop despite the hoopla over Patriot II. "They are going to insert these provisions on a stealth basis," Schroeder told Wired. "It's insidious."
He has an ally in the Center for Democracy and Technology's executive director, James X. Dempsey. "On its face, it's a cryptic and seemingly innocuous amendment," he told the magazine. "It wasn't until after it passed both houses that we saw it. The FBI andd CIA like to try to graft things like this into intelligence bills."
But don't tell those things to House Intelligence Committee chairman Porter Goss (R-Florida), who calls the new definitions of financial institutions and financial transactions bringing them up to date "with the reality of the financial industry. This provision," Goss said in a House floor speech, "will allow those tracking terrorists and spies to 'follow the money' more effectively and thereby protect the people of the United States more effectively."
Protect them from what - strip clubs? The current issue of Newsweek, which hit the stands Nov. 24, includes a report saying that a little-enough known Patriot Act portion already redefined "money laundering" to the point where the FBI is suspected of using it to investigate anyone it pleases on pretexts having little to do with terrorism investigations.
A recent case nicknamed Operation G-String, in fact, found the FBI using the money laundering provision to investigate whether the owner of a Las Vegas adult club was trying to bribe top city officials. They used it to look at all the financial records of those officials, Newsweek said. And that isn't all, potentially.
"Treasury Department figures - show that this year the Feds have used the Patriot Act to conduct searches on 962 suspects, yielding ‘hits’ on 6,397 financial records," the magazine said announcing the Nov. 24 issue. "Of those, two thirds (4,261) were in money-laundering cases with no terror connection. Among the agencies making requests, Newsweek has learned, were the IRS (which investigates tax fraud), the Postal Service (postal fraud) and the Secret Service (counterfeiting). One request came from the Agriculture Department -- a case that apparently involved food stamp fraud."
And anyone expressing any concern should be thouroughly investigated, of course.
Nope, ISPs and "internet logs" are not listed.
But who cares what the facts are? Everybody have a two-minute hate-rant now. All together! Hey join in now, aren't you a good citizen?
As you can see from my link above.
One caveat: "any other business whose "cash transactions have a high degree of usefulness in criminal, tax or regulatory matters." ... is not quite correct.
"any other business designated by the Secretary whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters. " is the full quote.
The author's, and the "Wired" author's, attempt to misrepresent the bill is bizarre IMHO.
It's just not an internet-related law except that affected institutions use the internet. I suppose Ebay might qualify under the law- I think they sell cars.
And here I was, trying so hard to seem completely mild mannered and meek. ;)
"(Y) any business or agency which engages in any activity which the Secretary of the Treasury determines, by regulation, to be an activity which is similar to, related to, or a substitute for any activity in which any business described in this paragraph is authorized to engage; or
(Z) any other business designated by the Secretary whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters. "
This would seem to include anybody or anything the government wants it to include. Aty least, I don't see any limitations placed on whom it might include.
Oh yeah, anyone dealing with gold, jewels, etc. seems to be suspect now as well.
"Section 374 is similar to both Section 354 of the Senate amendment and to Section 334 of the House bill. Section 374 of the Conference Report expands the definition of ``financial institution'' for purposes of section-1 114 of the Right to Financial Privacy Act (12 U.S.C. 3414 (RFPA). It provides enhanced authority for authorized Intelligence Community collection activities designed to prevent, deter, and disrupt terrorism and espionage directed against the U.S. and to enhance foreign intelligence efforts.
The Conferees believe this new definition is necessary for effective counterintelligence, foreign intelligence, and international terrorism operations of the United States. Section 1114 currently permits U.S. Government authorities engaged in counterintelligence or foreign intelligence activities to use ``National Security Letters,'' approved by a senior government official, to obtain certain financial records from defined ``financial institutions.'' The definition of ``financial institution'' in the RFPA has been essentially unmodified since the RFPA became law in 1978. This amendment updates the definition to include those entities that today provide financial services to individuals, but would not be covered by the current definition. Financial records maintained by these entities are not currently covered by the RFPA and, thus, are not accessible by intelligence elements of the United States Government using this authority. In order to expand the definition of ``financial institution'' for purposes only of section 1114, this subsection adopts, in part, the definition of ``financial institution'' found in section 5312 (a) (2) of Title 31, United States Code. It is important to highlight that this definition also is consistent with the definition used in section 804(5) of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 438).
The Conferees intend that this authority be used for accessing records and information from financial institutions for counterintelligence, foreign intelligence, and international terrorism investigations. The Conferees note, with approval, the significant actions of the U.S. Government in tracking terrorist finances. The Conferees believe that the authority granted by this section will enhance the Government's efforts in this regard. This provision allows the U.S. Government to have, through use of ``National Security Letters,'' greater access to a larger universe of information that goes beyond traditional financial records, but is nonetheless crucial in tracking terrorist finances or espionage activities. The Conferees understand that this authority should be used for accessing records and information for the purposes of identifying an individual's financial relationship with the specified financial institutions."
I believe from "The Conferees intend that this authority be used for accessing records and information from financial institutions for counterintelligence, foreign intelligence, and international terrorism investigations. " that this is only available for investigations of agents of foreign powers. But honestly I haven't studied it enough to say for sure.
Law Enforcement should have whatever tools it needs to find the Al Qaeda cells and murderers and stop them before another 9/11 happens.
Those who are afraid John Ashcroft cares whether or not they log onto "panties.com" or some other garbage are being silly. And those who use the high minded language of "political speech" being tracked, well, the government can just as easily track your political affiliations by looking at your monetary donations and other behaviours.
Finally, nothing is stopping a corrupt administration official (Janet Reno) from behaving in an illegal manner anyway--so the sanction of law for this activity will merely permit a non-corrupt administration (Bush II) to do a better job finding terrorists.
Hmmm... sounds like that puts the hook on hookers too... cuz they're always fiddlin' around with Family Jewels !!! ;-))
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