1. SECTION 215 – “ANY TANGIBLE THING”
Under this provision, the FBI can obtain secret court orders for business records and other “tangible things” so long as the FBI says that the records are sought "for an authorized investigation . . . to protect against international terrorism or clandestine intelligence activities." The Foreign Intelligence Surveillance Court must issue the order if the FBI so certifies, even when there are no facts to back it up. These “things” can include basically anything—driver’s license records, hotel records, car-rental records, apartment-leasing records, credit card records, books, documents, Internet history, and more. Adding insult to injury, Section 215 orders come with a "gag " prohibiting the recipient from telling anyone, ever, that they received one.
2. NATIONAL SECURITY LETTERS
Among the most used -- and outright frightening -- provisions in the PATRIOT Act are those that enhanced so-called National Security Letters (NSLs). The FBI can issue NSLs itself, without a court order, and demand a variety of records, from phone records to bank account information to Internet activity. As with 215 orders, recipients are gagged from revealing the orders to anyone.
3. SNEAK AND PEEK WARRANTS
Section 213 of the PATRIOT Act normalized “sneak-and-peek” warrants. These allow law enforcement to raid a suspect’s house without notifying the recipient of the seizure for months. These orders usually don't authorize the government to actually seize any property — but that won't stop them from poking around your computers. Again, sneak-and-peek warrants could be used for any investigation, even if the crime was only a misdemeanor.
After ten years, it’s crystal clear that the “emergency” measure sold as a necessary step in the fight against terrorism is being used routinely to violate the privacy of regular people in non-terrorism cases, threatening the Constitutional rights of every one of us. And after ten years, EFF is even more dedicated to fighting against PATRIOT overreach, both in Congress and the courts. Help us in that fight by becoming an EFF member, so that we can work together in making the next ten years better for civil liberties than the last.
