The Associated Press
Key provisions of the Patriot Act at the center of the debate on the anti-terror law:
Roving “John Doe” wiretaps _ Sec. 206
Used 49 times since 2001; expires at end of 2005. Allows investigators in foreign intelligence cases to obtain warrants to intercept a suspect’s phone and Internet conversations, without identifying a specific phone or the suspect. The Justice Department says the section has eliminated the necessity of returning to court each time a suspect changes phones. Critics say the provision is so broad that it invites misuse and could allow an entire neighborhood’s pay phones to be tapped, a claim the government discounts.
Business records, or libraries, provision _ Sec. 215
Used 35 times since September 2003; expires at end of 2005. Authorizes federal officials to obtain “tangible items” like business records for foreign intelligence and international terrorism investigations. The Bush administration says this section gave investigators in national security cases the same tools long held by criminal investigators. Secret warrants have been issued for credit card, apartment leasing, hotel and motel, and subscriber records, Attorney General Alberto Gonzales said. Critics contend it is too easy for authorities to get a warrant and that it raises the specter of Big Brother, although Gonzales said authorities have not asked for library, bookstore, medical or gun sale records.
Significant purpose provision _ Sec. 218
Expires at end of 2005. One of several sections that lowered the so-called wall that separated foreign intelligence from criminal investigations. Allows investigators to wiretap or watch suspects if foreign intelligence gathering is a “significant purpose” for seeking a FISA (Federal Intelligence Surveillance Act) order; pre-Patriot Act, it had to be “the” sole or main purpose. The Justice Department says this provision allows information to be shared and resulted in Portland, Ore., terror cell convictions, among others. Critics say the growth in the use of FISA warrants erodes constitutional protections against unreasonable searches. The Justice Department said 1,754 warrants were approved last year, up from 1,003 in 2000, the last year before the Patriot Act was enacted.
Delayed notice, or sneek-and-peek, provision _ Sec. 213
Used 155 times since 2001; a permanent provision. Applies to criminal cases and allows authorities to search suspects’ homes without telling them until later. The Justice Department says this type of warrant is necessary where notification would compromise an investigation, among other reasons. The section replaced a patchwork of rules about notification that differed from one federal court to the next. Critics says the power is too broad.