History of section 215 one patriot act amendment, section 215 of that law, expanded a provision of fisa to provide the government with broad authority to collect vast swaths of records held by businesses including in the absence of any allegation of wrongdoing. However, section 215 of the law was amended to stop the national security agency nsa. Section 215 of the usa patriot act allows the government to obtain a secret order from the foreign. Report on the telephone records program conducted under. Government disclosed the bulk collection of telephony metadata pursuant to section 215 of the usa patriot. One hundred fourteenth congress of the united states of america at the first session begun and held at the city of washington on tuesday, the sixth day of january, two thousand and fifteen an act to reform the authorities of the federal government to require the production. May 31, 2016 many libraries posted signs like this, warning patrons about the usa patriot act. Section 215 of the usa patriot act sunsets on december 15, 2019 in addition to two other patriot act provisions. Surveillance under section 215 of the patriot act usa freedom act is complicated but affects the privacy of hundreds of millions of people. While the results have been important, in passing the patriot act, congress. In a resolution passed on june 29, 2005, they stated that section 215 of the usa patriot act allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity. Three key sections of the patriot act antiterrorism law that expired at midnight sunday will now be restored and extended through 2019. A breakdown of the patriot act, freedom act, and fisa.
Section 215, also known as the tangible things or business records provision of the usa patriot act, amended section 501 of the foreign intelligence surveillance act and permits the collection of tangible things including books, records, papers, documents, and other items for an investigation to obtain foreign intelligence information the collection of such items is permitted if. Usa patriot act title iii international money laundering abatement and antiterrorist financing act of 2001 sec. Section 215 of that law will be changed to stop the nsa. Section 215 of the patriot act amended a provision of fisa in order to grant the government broad authority to collect vast swaths of records held by businesses including in the absence of any allegation of wrongdoing.
A breakdown of selected government surveillance programs. You have asked for an analysis of the sunset date applicable to 215 of the usa patriot act of2001. Section 215 of the patriot act electronic frontier foundation. May 21, 2015 in the years following the patriot act s passage shortly after the terrorist attacks of sept.
Three previous reports issued in march 2007, march 2008, and may. It also expanded the items subject to seizure from records to any tangible things. Overview of section 215 of the usa patriot act usa freedom act download report pdf here. Section 215 of the patriot act section 215 of the usa patriot act allows the government to obtain a secret order from the foreign intelligence surveillance court fisc requiring third parties like telephone companies to hand over any records or other tangible thing if deemed relevant to an international terrorism. Section 215 allows the government to obtain a secret court order requiring third parties, such as telephone companies, to hand over any records or other tangible thing if deemed relevant to an international terrorism, page 2 2 counterespionage, or foreign intelligence investigation. Section 215 of the patriot act section 215 of the usa patriot act allows the government to obtain a secret order from the foreign intelligence surveillance court fisc requiring third parties like telephone companies to hand over any records or other tangible thing if deemed relevant to an international terrorism, counterespionage, or. The law under which this surveillance is conducted, section 215 of the patriot act,1 contemplates the opposite. Section 215 is set to expire on june 1, and congress is now considering whether to reauthorize or amend the provision. An order under section 215 may not be issued unless the fisa court finds, based on an fbi application, that. Section 215, which became known as the library records provision, not only allowed law enforcement agencies to secretly monitor electronic communications emanating from libraries, it also required librarians to turn over patron information if requested and even imposed a gag order on those forced to comply. Reauthorization of the usa patriot act the federalist. Many libraries posted signs like this, warning patrons about the usa patriot act. Under the fisa as amended by section 215 of the patriot act, the governmentpursuant to an order from the fischas been collecting telephone metadata information in bulk since at least may 2006. In 2018, under only one of two section 215 provisions.
Mass surveillance under section 215 of the usa patriot act usa freedom act the fbi and nsa use section 215 to collect vast amounts of information about us persons without a warrant. Access to records and other items under the foreign intelligence surveil lance act. As section 215 stands todayin the reauthorized version of the patriot act passed in 2005tangible things aka user data sought in a fisa order must be relevant to an authorized preliminary or full investigation to obtain foreign intelligence information not concerning a u. Section summary of the patriot act, title ii wikipedia. Woods the usa patriot act1 has sparked intense public debate, with proponents claiming that the act is a necessarily hardminded response to a national crisis,2 while opponents see unwarranted, even opportunistic. Post patriot act, thirdparty holders of your financial, library, travel, video rental, phone, medical, church, synagogue, and mosque records. Epic filed a freedom of information act request pdf for the documents.
Specifically, the section of the patriot act that expired is section 215, which is commonly nicknamed the library records provision, because it called on librarians to hand over patron. Section 215 of the patriot act background and questions. Ku klux klan act, ku klux klan act 1871 julie davies the enforcement act 17 stat. The report contains descriptive, legal, and policy analyses of both the telephone records program and the fisa court, and it. The government could even try to use section 215 for bulk collection of financial or other business records. The snowden revelations provided hardly any information about this program, but many details became available from documents that were declassified by the us director of national intelligence dni. The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you are using a modern intel mac, there is no official plugin for viewing pdf. Section 2332e of title 18, united states code, is amended. The court ruled that the language of section 215 does not authorize bulk data collection, and no section of the patriot act does. May 12, 2015 section 215 of the usa patriot act 2001 expanded the foreign intelligence surveillance act fisa authority for seizing business records. Jan 20, 2016 one of the most controversial nsa programs was the bulk collection of domestic telepone records metadata under authority of section 215 of the usa patriot act. What would happen if patriot act section 215 expires edward snowdens leaks revealed that the nsa was interpreting the law to vacuum up millions. The usa patriot act was passed by the united states congress in 2001 as a response to the september 11, 2001 attacks.
Report on the telephone call records program conducted. To deter and punish terrorist acts in the united states and around the world, to enhance law enforcement investigatory tools, and for other purposes. End mass surveillance under the patriot act american. With the passage of the usa freedom act on june 2, 2015 the expired parts of law, including section 215. After doing some background reading, im confused as to whether or not section 215 is technically still in effect. The bill enacts significant reforms to the national security authorities that the government has used to justify collecting americans telephone records and internet metadata in bulk.
Nov 25, 2018 section 215 of the patriot act section 215 of the usa patriot act allows the government to obtain a secret order from the foreign intelligence surveillance court fisc requiring third parties like telephone companies to hand over any records or other tangible thing if deemed relevant to an international terrorism, counterespionage, or. The act ended the bulk collection of all records under section 215 of the patriot act and allowed challenges to national security letter gag orders. Section 215 section 215 of the usa patriot act of 2001, which amended title v, section 501 of the foreign intelligence surveillance act fisa, access to certain business records for foreign intelligence and international terrorism investigations 50 u. What would happen if patriot act section 215 expires the. We now know what the government did with section 215, and we have finally been able to take part in a debate we were denied for more than a decade. The author of the law has publicly stated that it was never intended to facilitate mass, suspicionless surveillance. May 28, 2015 the court ruled that the language of section 215 does not authorize bulk data collection, and no section of the patriot act does. But critics say the patriot act creates a new risk in section 218 that investigators will too easily use spying and terrorism as an excuse for launching foreign intelligence wiretaps and searches. Enhanced surveillance procedures granted increased powers of surveillance to various government agencies and bodies. Section 702 title vii, section 702 of the foreign intelligence surveillance act fisa, procedures for targeting certain persons outside the united states other than united states persons 50 u. Nsa reinterpreted section 215 of the patriot act in complete secrecy to allow them, with the help of the fbi, to collect millions of phone call records per day. Clapper that section 215 of the patriot act did not authorize the bulk collection of phone metadata, which judge gerard e. This report tells you where it came from, whats going on now, and what congress needs to know before it considers reauthorizing the law. As key provisions of the patriot act come up for renewal, npr examines the acts most controversial sections.
Prior to the revelations, several senators warned that the doj was using section 215 of the patriot act to support what government attorneys called a sensitive collection program, targeting large numbers of americans. Letter from civil liberties groups to house judiciary. Congress did not contemplate prospective surveillance when it enacted section 215. Usa patriot is an acronym for uniting and strengthening america by providing appropriate. In terms of the first amendment, which guarantees freedom of speech, law enforcement under the patriot act can prohibit the recipients of a search from telling others about the search. One hundred fourteenth congress of the united states of. This title has 25 sections, with one of the sections section 224 containing a sunset clause. In 2018, under only one of two section 215 provisions, the government collected 434,238,543 call records.
Nsa fact sheet on section 702 of the foreign intelligence. Overview of section 215 section 215 of the usa patriot act. Section 215 fact sheet section 215 of the usa patriot act. Under the second program, the government collects the content of electronic communications, including phone calls and emails, where the targets. Report on the telephone call records program conducted under section 215. Access to certain business records for foreign intelligence and international terrorism investigations. During the debate on the patriot act, no member of. Electronic surveillance after section 215 of the usa patriot act. The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you are using a modern intel mac, there is no official plugin for viewing pdf files within the browser window. Section 215 has come to be known as the libraries provision, even though it never mentions libraries or bookstores. The language of section 215 allows for secret court orders to collect tangible things. Section 215 of the usa patriot act of 2001, which amended title v, section 501 of the foreign. This white paper explains the governments legal basis for an intelligence collection program under which the federal bureau of investigation fbi obtains court orders directing certain telecommunications service providers to produce telephony metadata in bulk.
Jan 23, 2014 the boards report on the bulk telephone records program conducted under section 215 of the usa patriot act on the operations of the fisa court. The fbi and nsa use section 215 to collect vast amounts of information about us persons without a warrant. Moreover, section 1001 of the usa patriot act requires the departments. Electronic surveillance after section 215 of the usa. Before lawmakers can decide whether to allow this provision to sunset entirely, to reauthorize the programs without changes, or to include reforms along with reauthorization, congress and the public need more information. The report contains descriptive, legal, and policy analyses of both the telephone records program and the fisa court, and it offers twelve recommendations to increase privacy and civil liberties. Jun 02, 2015 three key sections of the patriot act antiterrorism law that expired at midnight sunday will now be restored and extended through 2019. These records reveal personal details about peoples lives, like whom. This act may be cited as the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism usa patriot act act of 2001. Section 215 of the usa patriot act in june 20, a leaked fisa court order publicly revealed that secret interpretation. This program was approved by the fisc pursuant to section 215 of the usa patriot act patriot act.
Mass surveillance under section 215 of the usa patriot act usa freedom act. Section 215 is one of the three sections of the patriot act that are scheduled to sunset on june 1, 2015. Senators will consider whether to renew key provisions of the patriot act, including. This provision has served as a legal basis for the governments controversial collection of bulk telephone metadata. A sunset of december 31, 2009, was established for section 215 of the usa patriot act, commonly referred to as the library provision. The restriction is on gathering the data, not just on its use. Congressional intent, legislative process, and section 215 of the usa patriot act christopher a. End mass surveillance under the patriot act american civil. That court gave congress until june 1 to clarify the language. This longabused provision of the law has been a failure by nearly every measure.
Section 215 has come to be known as the libraries provision, even though it. Section 215 of the usa patriot act amended fisa to expand this seizure authority by removing the limitations on the types of businesses. Oct 24, 2001 source for information on usa patriot act, section 215. This white paper explains the governments legal basis for an intelligence collection. The patriot act was signed into law by president george w. Section 215 has got to go and congress must rein in other patriot act authorities. November 23, 2016 one of the most controversial nsa programs was the bulk collection of domestic telepone records metadata under authority of section 215 of the usa patriot act. In re orders of this court interpreting section 215 docket no. Section 215 of the usa patriot act has been used to collect, in bulk, telephony metadata of u.
Section 215 of the usa patriot act electronic frontier. Assessment of progress in implementing recommendations and examination of use in 2007 through 2009 author. On may 20, 2015, paul spoke for ten and a half hours in opposition to the reauthorization of section 215 of the patriot act. Section 215 is often referred to as the foreign intelligence surveillance act fisa business records provision. It passed in the senate by a vote of 981 and in the house of representatives by 35766. Section 215 amended fisas provision for what amounts to a subpoena for records or other items. The section 215 order that the guardian published directs the provider to produce telephone metadata on an ongoing daily basis for the duration of the order. One hundred fourteenth congress of the united states of america. Counterintelligence and access to transactional records. Section 215 of the patriot act is set to expire on june 1, 2015. Usa patriot act title iii international money laundering. Section 215 modifies the rules on records searches. One of the bills on the docket is a resolution to repeal section 215 of the patriot act.
Last night, section 215 of the usa patriot act, the law authorizing the u. Section 215, also known as the tangible things or business records provision of the usa patriot act, amended section 501 of the foreign intelligence surveillance act and permits the collection of tangible things including books. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. Letter from civil liberties groups to house judiciary committee on the use of section 215 of the patriot act. Sunset of section 215 of the usa patriot act of 2001. Report on the telephone call records program conducted under. Fisa, the patriot act, and the freedom act include many provisions that are arguably unconstitutional, specifically violating the first and fourth amendments. A practical history of usa patriot act section 215 michael j.
Section 215 bulk telephone records and the mainway database updated. The usa freedom act of 2015 bans the bulk collection of americans private records under section 215 of the usa patriot act. President bush signed the usa patriot act reauthorization legislation, which differs somewhat from the original legislation into law on march 9, 2006. This white paper explains the governments legal basis for an intelligence collection program under which the federal bureau of investigation fbi obtains court orders directing certain telecommunications service providers to. Epic also opposed renewal of the nsas section 215 orders and petitioned the.
Section 215 of the patriot act and metadata collection. The usa patriot act is an act of the united states congress that was signed into law by u. It has ten titles, each containing numerous sections. Section 215, also known as the tangible things or business records provision of the usa patriot act, amended section 501 of the foreign intelligence surveillance act and permits the collection of tangible things including books, records, papers, documents, and other items for an investigation to obtain foreign intelligence information the collection of such items is permitted if the investigation seeks to obtain foreign intelligence information that does. Under section 215, the government is permitted to obtain literally any tangible thing. The national security agency nsa is currently using section 215 of the patriot act 50 usc 1861 to collect the calling information of every american. The boards report on the bulk telephone records program conducted under section 215 of the usa patriot act on the operations of the fisa court. Intelligence surveillance act fisa, access to certain. Allows the director of the federal bureau of investigation. Congress passed the foreign intelligence surveillance act of 1978 fisa in response to revelations of grave abuses by the executive branch, including the unlawful domestic surveillance of cultural and political leaders and u. Section 215 the provisions of fisa have been codified under the united states code, and are commonly cited as provisions of the u.
798 974 1282 575 1170 1125 558 554 1524 1655 251 1135 1505 1526 1431 1488 1116 1010 538 271 1276 928 70 1190 65 724 831 741 1276 568 163 838 671 928 757 552 1032 1158 1232