USA PATRIOT Act Sunset: A Sketch

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, 203b sharing wiretap information, 203d sharing foreign intelligence information, 204 Foreign Intelligence Surveillance Act FISA pen registertrap 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 voicemail 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.