Broad authority to monitoring telephone and Internet communications was already given to the FBI. For example, current law already provides that wiretaps can be obtained for the crimes involving terrorist attacks, which includes the destruction of aircraft and aircraft hijacking. The changes the wiretapping provisions, which are contemplated in the US Patriot Act, would not just apply to surveillance of suspected terrorists, but to allow investigation of other non-specific crimes. The FBI already has the authority to intercept any and all communications without probable cause of a crime. This comes under the Foreign Intelligence Surveillance Act for the purpose of obtaining intelligence. FISA has lower requirements in order to obtain a criminal wiretap warrant.

The US Patriot Act Section 216 substantially changes our current laws. Our current law requires law enforcement agents to obtain a pen register or trap and places a trace order that allows a telephone company to reveal the numbers dialed to and from a certain telephone. The law enforcement agent, to obtain the order, simply needs to certify that the information that needs to be obtained is relevant to an ongoing criminal investigation. It’s a low level of proof and is far less than the probable cause standards . But, under Section 216, a judge must grant the order immediately upon receiving the order. It does not matter if the judge disagrees or believes the law enforcement agent claims are erroneous, because Section 216 overrides a judges authority. Basically, a judge is just a rubber stamp.

Section 216 extends this low level of proof to the Internet communications as well. The Internet reveals far more than any phone number ever could. Portions of an Email communications can be separated from its content. This applies to any and every website the suspect has ever visited. The US Patriot Act will give law enforcement the power, based only on their own certification, a librarian to report on the books read while visiting a public library.

A Closer Look at the US Patriot Act is a post from: Elixirs, Food, Drinks, and More....

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