1 / 45

The USA Patriot Act

The USA Patriot Act. Keith Hodges FLETC Legal Division. www.khodges.com/iacp.htm. Handouts available at www.khodges.com/iacp. On September 11, 2001, more Americans were murdered than …. American battle deaths in the war of 1812. American battle deaths at Pearl Harbor.

phuoc
Download Presentation

The USA Patriot Act

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The USA Patriot Act Keith Hodges FLETC Legal Division www.khodges.com/iacp.htm

  2. Handouts available at www.khodges.com/iacp

  3. On September 11, 2001, more Americans were murdered than …..

  4. American battle deaths in the war of 1812.

  5. American battle deaths at Pearl Harbor.

  6. American battle deaths in the Indian Wars (1817-1898).

  7. American battle deaths in the Mexican War (1846-1848).

  8. American battle deaths in Vietnam prior to 1966.

  9. Union battle deaths at first Manassas (Bull Run).

  10. Police officers killed in the line of duty since 1984. (72 officers murdered on September 11) (Officer Down Memorial)

  11. On October 26, 2001, President Bush signed the USA Patriot Act into law. • There was little debate. • There were few conferences. • The House vote was 357-66. • The Senate vote was 98-1.

  12. The USA Patriot Act (PL 107-56)Changes in federal Law that assist state and local law enforcement

  13. Patriot Act - Major Areas • Foreign Intelligence and Terrorism. • Easier to track terrorists and spies. • Money Laundering. • Easier to follow the money. • Immigration Laws • FBI and INS working together more closely

  14. Patriot Act - Major Areas* What we will discuss * • Money and resources to combat general crime. • Broader search warrant authority. • Weapons to track and obtain the electronic communications of criminals.

  15. More DNA Samples OLD: DNA samples taken for limited class of federal offenses are entered in FBI DNA database (CODIS). NEW: Class of offenses greatly expanded and now includes any offense remotely associated with terrorism and any crime of violence. • USA Patriot Act Section 503 • Affects 18 USC Sections 42 USC Section 14125a

  16. Electronic Crimes Centers USSS • By Executive Order and Patriot Act • Critical Infrastructure Assurance • Electronic Crimes Task Force • Establish a nationwide network • SA Bob Weaver, rweaver@usss.treas.gov

  17. Federal Cybersecurity Assistance NEW: $50,000,000 per year for DOJ to establish regional computer forensic laboratories to: • Assist state and local law enforcement on computer-related crime. • Do forensic examinations on seized or intercepted computer evidence. • Training to state/local LEOs and prosecutors on computer-related crime. • Sharing expertise with state and local LEOs to include multi-jurisdictional task forces. • USA Patriot Act Section 816

  18. Federal Benefits for Death/Injury OLD: $100k benefit to “public safety officer” death in line of duty/on duty. NEW: Death benefit increased to $250k. “Total disability” benefit remains the same ($5 million cap.) • USA Patriot Act Section 613 • Affects 42 USC Section 3796 • DOJ – BJA fact sheet at: http://www.ncjrs.org/pdffiles1/bja/fs000271.pdf

  19. Broader search warrant authority

  20. Sneak and Peek Warrants(Covert entry warrants) OLD: Question whether and when notice required. NEW: May enter without notice to look for – but not seize – evidence. • Notice of search may be delayed if “reasonable cause” the notice may have adverse result. • No-knock OK. • USA Patriot Act Section 213 • 18 USC Section 3103a

  21. Domestic Terrorism Warrants NEW: Nationwide warrants for “domestic terrorism” by Federal judge in any district in which activities related to the terrorism may have occurred. • Domestic terrorism includes any acts dangerous to human life in violation of state or federal law that appear to be intended to: • Intimidate or coerce population. • Influence government policy by coercion or intimidation • Affect the conduct of government by mass destruction, assassinations, or kidnapping. • USA Patriot Act Section 219, 802 • Affects 18 USC Section 2516(a)(c)

  22. Criminals use the Internet.A quick primer.

  23. Criminals Use the Internet and Electronic Communications Because .... • Cheap • Fast • One transmission – many recipients • Email or web page. • Easy to move money • Easy to store and transmit data • Can connect from or to anywhere • Avoid jurisdiction and venue

  24. How the Internet is used • IP address –The ticket to ride the Internet. • IPs cost money. • Most IPs owned by an entity and then assigned or loaned (Earthlink, AOL, employers) • ISP – Internet Service Provider • They own the IP addresses. • They charge money. • They know who their customers are (so they can bill them)

  25. What About Free Email Addresses? • Anyone can get a free email address • Yahoo, Hotmail, etc. doesn’t care who you are. • They just want to sell stuff. • But, to use the email address, must have an IP address. • We can discover their IP address. • And then we get leads as to identity and location.

  26. Joe and Susie Criminal • JoeCriminal108@hotmail.com • He lied about his identity • SusieCriminal@hotmail.com • She lied about her identity • Joe and Susie send emails • Who are Joe and Susie? • Where are they?

  27. Susie Sends Joe an Email

  28. We Get Susie’s ISP

  29. Knowing the IP Leads to .... • Who the IP was loaned or rented to. • When the IP was used. • How the person connected to the ISP and maybe from where. • Phone records for dial-up connections. • Other methods of connection. • How the person paid the ISP (Credit Cards !) • When they used the IP. • Web sites visited. • Email addresses of correspondents.

  30. Patriot Act Tools to catch Internet and Email Users

  31. Easier to Identify Internet Users OLD: Court order required to obtain some information to identify Internet users. NEW: Subpoena will get user’s method of payment (to include credit card numbers), IPs, and Internet “toll records” (session times and duration) • USA Patriot Act Section 210 • Affects 18 USC Section 2703(d)

  32. Pens and Traps on Internet Use OLD: Pen and Trap statute focused on telephones. NEW: Can now track Internet and cell phone use – cell phone ESNs, IP addresses, email addresses, TO and FROM in emails. (But not content). • USA Patriot Act Section 216 • Affects 18 USC Sections 3121 et. Seq.

  33. Criminal in NC TX company says, “Check with XYZ in CA.” Trap Order for NC phone company NC company says “We don’t have data on this call. Check with ABC phone company in TX.” We get Trap Order for TX phone company

  34. Nationwide Pen/Trap Orders OLD: Needed Pen/Trap for each jurisdiction where the communication was routed. NEW: Single nationwide Pen/Trap when issued by Federal judge with jurisdiction over crime under investigation. (State Trap limited to court’s jurisdiction.) • USA Patriot Act Section 216 • Affects 18 USC Sections 3121 et. Seq.

  35. Nationwide Pen/TrapsMore good news Names of specific providers don’t have to be known when Pen/Trap order obtained. * LE can later certify the names of the specific providers to whom the order applies.

  36. Criminal in NC Trap Order for NC phone company NEW LEO certifies the court order applies to the TX (and any other) company. NC company says “We don’t have data on this call. Check with ABC phone company in TX.” OLD Get Trap orders in different jurisdictions

  37. STORED E-MAILS Wiretap Search Warrant Stored Emails Sender (AOL) AOL Server Temporary Storage Search Warrant Earthlink Server Temporary Storage Wiretap Recipient (Earthlink)

  38. Nationwide Email Searches OLD: Needed warrant / court order / subpoena for each jurisdiction where emails are stored. NEW: Single nationwide warrant when issued by Federal judge with jurisdiction over crime under investigation. • USA Patriot Act Section 220 • Affects 18 USC Section 2703

  39. Cable Providers Can’t Hide OLD: Cable Act prevented companies from giving LE information - even if there was a warrant. NEW: Cable companies that provide phone and Internet services treated like ISPs and phone companies. • USA Patriot Act Section 211 • Affects 18 USC Sections 2510 & 2701; 47 USC Section 551.

  40. Easier to Catch Hackers OLD: Communications providers couldn’t ask law enforcement to catch hackers. NEW: Communications providers can request the assistance of law enforcement to monitor and catch hackers. • USA Patriot Act Section 217 • Affects 18 USC Section 2511

  41. Easier to Wiretap Hackers OLD: Federal law did not permit wiretaps to intercept wire (human voice) communications in hacking investigations. NEW: Feds can intercept wire communications in hacking investigations. • USA Patriot Act Section 202 • Affects 18 USC Section 2516(a)(c)

  42. No Wiretap for Voice Mail OLD: A wiretap order was required for voicemail that was stored by a communications provider. NEW: Voicemail is treated like email and can be obtained with a search warrant, court order, or subpoena. • USA Patriot Act Section 209 • Affects 18 USC Sections 2510 (1)

  43. Federal Crime – Charity Fraud OLD: Telemarketing fraud did not include solicitations for fraudulent charities (though it was wire/mail fraud.) NEW: Fraudulent phone solicitations for charities covered under telemarketing fraud – 5 year bump. Impersonating Red Cross – max increased to 5 years. • USA Patriot Act Section 1011 • Affects 18 USC Sections 18 USC Sections 917, 2325-2327

  44. Handouts www.khodges.com/iacp

More Related