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The USA PATRIOT Act broadly expands law enforcement's surveillance and investigative powers and represents one of the most significant threats to civil liberties, privacy and democratic traditions in U.S. history.

What is PATRIOT?
The USA PATRIOT Act (officially the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) was quickly developed as anti-terrorism legislation in response to the September 11, 2001 attacks. The large and complex law received little Congressional oversight and debate, and was signed into law by President Bush Oct. 26, 2001.

PATRIOT gives sweeping search and surveillance to domestic law enforcement and foreign intelligence agencies and eliminates checks and balances that previously gave courts the opportunity to ensure that those powers were not abused. PATRIOT and follow-up legislation now in development threaten the basic rights of millions of Americans.

Why should I care?
Under PATRIOT, civil liberties, especially privacy rights, have taken a severe blow:

The law dramatically expands the ability of states and the Federal Government to conduct surveillance of American citizens. The Government can monitor an individual's web surfing records, use roving wiretaps to monitor phone calls made by individuals "proximate" to the primary person being tapped, access Internet Service Provider records, and monitor the private records of people involved in legitimate protests.

PATRIOT is not limited to terrorism. The Government can add samples to DNA databases for individuals convicted of "any crime of violence." Government spying on suspected computer trespassers (not just terrorist suspects) requires no court order. Wiretaps are now allowed for any suspected violation of the Computer Fraud and Abuse Act, offering possibilities for Government spying on any computer user.

Foreign and domestic intelligence agencies can more easily spy on Americans. Powers under the existing Foreign Intelligence Surveillance Act (FISA) have been broadened to allow for increased surveillance opportunities. FISA standards are lower than the constitutional standard applied by the courts in regular investigations. PATRIOT partially repeals legislation enacted in the 1970s that prohibited pervasive surveillance of Americans.

PATRIOT eliminates Government accountability. While PATRIOT freely eliminates privacy rights for individual Americans, it creates more secrecy for Government activities, making it extremely difficult to know about actions the Government is taking.

PATRIOT authorizes the use of "sneak and peek" search warrants in connection with any federal crime, including misdemeanors. A "sneak and peek" warrant authorizes law enforcement officers to enter private premises without the occupant's permission or knowledge and without informing the occupant that such a search was conducted.

The Department of Justice, with little input from Congress and the American people, is developing follow-on legislation - the Domestic Security Enhancement Act (nicknamed Patriot II) -- which would greatly expand PATRIOT's already sweeping powers.

What should I do?
Use our Action Center to let Congress know that you support PATRIOT reform!
For more information:
EFF Analysis of the PATRIOT Act:
Congress may not have read the PATRIOT Act before passing it, but EFF's attorneys reviewed the entire Act and published a comprehensive analysis only days after the bill was enacted, as well as calling for ongoing oversight of PATRIOT's implementation.

EFF Analysis of the Provisions of the USA PATRIOT Act that Relate to Online Activities October 31, 2001
EFF calls for ongoing oversight of PATRIOT December 12, 2001
EFF's PATRIOT FOIA:
Can the Government See What You Are Reading Online Without a Warrant?
FOIA Request to DOJ Concerning Pen-Trap Surveillance
Doe v. Gonzalez
(Doe v. Ashcroft)

Defending free speech and privacy, EFF helped the ACLU and an unnamed Internet service provider (ISP) challenge the constitutionality of "National Security Letters" (NSLs), a key power under the USA PATRIOT Act. An NSL is a secret subpoena that is issued directly by the FBI without court oversight, accompanied by a gag order prohibiting the recipient from ever disclosing the letter's existence. In this case, the court ruled that the gag order violated the ISP's First Amendment rights. It also ruled that NSLs violate the Fourth Amendment right against unreasonable searches because, unlike ordinary subpoenas, they do not offer a direct opportunity to challenge the subpoena in court. Finally, the court recognized that NSLs threaten the First Amendment rights of the Internet users whose online speech activities are revealed.

Analysis of National Security Letter power as expanded by USA PATRIOT section 505
Decision in Doe v. Ashcroft
EFF Amicus Brief filed in Doe v. Ashcroft
Amicus Brief of EFF et al, in Doe v. Gonzales, in support of Appellees Aug 3, 2005
EFF Media Releases About PATRIOT
Can the FBI Monitor Your Web Browsing Without a Warrant?
January 14, 2005

Court Strikes Down Key USA PATRIOT Power
September 29, 2004

Draft 9/11 Legislation Goes Too Far, Revives PATRIOT II
September 27, 2004

EFF Urges Court to Find USA PATRIOT Act Powers Unconstitutional
May 25, 2004

Federal Judge Rules That Part of the USA PATRIOT Act Is Unconstitutional
January 26, 2004

EFF Supports the Benjamin Franklin True Patriot Act
September 28, 2003

Patriot II
February 8, 2003

More Information
Analysis of the Protecting the Rights of Individuals Act
Analysis of the SAFE Act
Security and Freedom Ensured Act of 2003 (SAFE Act) [Download PDF (37k)]
PATRIOT Act Bills
EFF review of May 20 TIA report
Full EFF archive - "Censorship & Privacy - Terrorism"
Other resources
List of Communities Against the PATRIOT Act
Electronic Privacy Information Center PATRIOT page
American Civil Liberties Union PATRIOT page

Websource: http://www.eff.org/patriot/
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About EFF

From the Internet to the iPod, technologies of freedom are transforming our society and empowering us as speakers, citizens, creators, and consumers. These technologies are increasingly under attack, and the Electronic Frontier Foundation (EFF) is the first line of defense, protecting our civil liberties in the networked world. EFF broke new ground when it was founded in 1990—well before the Internet was on most people's radar—and continues to confront cutting-edge issues defending free speech, privacy, innovation, and consumer rights today. From the beginning, EFF has championed the public interest in every critical battle affecting digital rights.

Blending the expertise of lawyers, policy analysts, activists, and technologists, EFF achieves significant victories on behalf of consumers and the general public. EFF fights for freedom primarily in the courts, bringing and defending lawsuits even when that means taking on the US government or large corporations. By mobilizing more than 50,000 concerned citizens through our Action Center, EFF beats back bad legislation. In addition to advising policymakers, EFF educates the press and public. Sometimes just defending technologies isn't enough, so EFF also helps fund and build freedom-enhancing inventions.

EFF is a donor-funded nonprofit and depends on your support to continue successfully defending your digital rights. Litigation is particularly expensive; because two-thirds of our budget comes from individual donors, every contribution is critical to helping EFF fight —and win—more cases.

For information on donating to EFF, see
http://www.eff.org/support/

Learn about significant EFF court victories
http://www.eff.org/legal/victories/

Learn more about EFF's founding
http://www.eff.org/about/history.php

Learn more about current hot cases:

» Apple v. Does
» NFB v. Volusia County
» Cell Phone Tracking Cases
» Sony BMG Litigation

Learn more about EFF campaigns, projects, and issues:
File Sharing
Bloggers' Rights
Intellectual Property
Tor

Support EFF's efforts through our Action Center:
http://action.eff.org

To stay up to date on EFF issues, subscribe to our EFFector newsletter, or check out our weblogs, Deep Links and miniLinks.

Contact Information
For all other inquiries and information, please contact us via the appropriate e-mail address below, or by mail, fax or phone.

Address: Phone/Fax Numbers:
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