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1 (January 27, 2005)

handle is hein.crs/crsmthabcga0001 and id is 1 raw text is: 
                                                                  Order Code  RS21704
                                                             Updated  January 27, 2005



 CRS Report for Congress

               Received through the CRS Web



        USA PATRIOT Act Sunset: A Sketch

                               Charles Doyle
                             Senior  Specialist
                          American   Law  Division

Summary


     Several sections of Title II of the USA PATRIOT Act (the act) and one section of
 the Intelligence Reform and Terrorism Prevention Act, each relating to enhanced foreign
 intelligence and law enforcement surveillance authority, expire on December 31, 2005,
 unless they are extended. Thereafter, the authority remains in effect only as it relates to
 foreign intelligence investigations begun before sunset or to offenses or potential
 offenses begun or occurring before that date. The temporary provisions are: sections
 201 (wiretapping in terrorism cases), 202 (wiretapping in computer fraud and abuse
 felony cases), 203(b) (sharing wiretap information), 203(d) (sharing foreign intelligence
 information), 204 (Foreign Intelligence Surveillance Act (FISA) pen register/trap &
 trace exceptions), 206 (roving FISA wiretaps), 207 (duration of FISA surveillance of
 non-United States persons who are agents of a foreign power), 209 (seizure of voice-
 mail messages pursuant to warrants), 212 (emergency disclosure of electronic
 surveillance), 214 (FISA pen register/ trap and trace authority), 215 (FISA access to
 tangible items), 217 (interception of computer trespasser communications), 218
 (purpose for FISA orders), 220 (nationwide service of search warrants for electronic
 evidence), 223 (civil liability and discipline for privacy violations), and 225 (provider
 immunity for FISA wiretap assistance).

     This report is an abridged version - without footnotes or chart - of CRS Report
 RL32186, USA PATRIOT  Act Sunset: Provisions That Expire on December 31, 2005.


 Introduction

    Sunset comes  to a handful of communications-related sections of the USA
PATRIOT   Act and the Intelligence Reform and Terrorism Prevention Act on December
31, 2005. The authority of the expiring sections remains in effect only as it relates to
foreign intelligence investigations begun before sunset or to offenses or potential offenses
begun or occurring before that date. Thereafter, the law reverts to its previous form unless
it has been amended in the interim or subsequently renewed. The 9/11 Commission
mentioned the approaching sunset and thought as a general matter that a full and
informed debate on the PATRIOT Act would be healthy.



       Congressional   Research  Service +  The Library of Congress

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