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The PATRIOT Act, Technology and Records Privacy
The PATRIOT Act, Technology and Records Privacy
The PATRIOT Act, Technology and Records Privacy
The PATRIOT Act, Technology and Records Privacy
The PATRIOT Act, Technology and Records Privacy
The PATRIOT Act, Technology and Records Privacy
A Secret is Revealed
A Secret is Revealed
“Homeland Security” and Research Data
“Homeland Security” and Research Data
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The PATRIOT Act, Technology and Records Privacy

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1The PATRIOT Act, Technology and 9disclose having received one. - NSLs can
Records Privacy. David L. Sobel General be issued by relatively low-level FBI
Counsel Electronic Privacy Information officials without going to any court.
Center sobel@epic.org ECURE 2004 Arizona 10National Security Letters (NSLs).
State University Tempe, AZ March 1, 2004. PATRIOT Act: Removed the requirement that
2The Fourth Amendment. The right of the the FBI have specific facts linking the
people to be secure in their persons, subject to a foreign power to justify each
houses, papers, and effects, against letter. To issue as NSL, the FBI merely
unreasonable searches and seizures, shall has to certify that the information is
not be violated, and no Warrants shall “relevant” to a national security
issue, but upon probable cause, supported investigation. 2004 Intelligence
by Oath or affirmation, and particularly Authorization Act: Expanded the definition
describing the place to be searched, and of “financial institution” to include
the persons or things to be seized. insurance companies, pawnbrokers, dealers
3But the Supreme Court Says . . . There in precious metals, the Postal Service,
is “no legitimate ‘expectation of casinos, travel agencies and more.
privacy’” in bank records. “The depositor 11How Are the New Authorities Being
takes the risk, in revealing his affairs Used? Government claimed that disclosing
to another, that the information will be the number of FISA applications could
conveyed by that person to the Government. enable adversaries to discern whether and
. . . [T]he Fourth Amendment does not to what extent business records and other
prohibit the obtaining of information items in the possession of third parties
revealed to a third party and conveyed by offered a safe harbor from the FBI. “. . .
him to Government authorities, even if the the Court is obliged to uphold DOJ's
information is revealed on the assumption withholding, notwithstanding plaintiffs’
that it will be used only for a limited compelling argument that the disclosure of
purpose . . .” United States v. Miller, this information will help promote
425 U.S. 435 (1976). democratic values and government
4So Privacy Protection is Left to accountability.” ACLU & EPIC v. DOJ,
Congress. In response to the Miller 265 F. Supp. 2d 20 (D.D.C. 2003).
decision, Congress passed the Right to 12
Financial Privacy Act of 1978 (Public Law 13
95-630) providing bank customers with some 14A Secret is Revealed.
privacy regarding records held by banks 15So What Happened in Las Vegas? Las
and other financial institutions and Vegas hotel operators and airlines serving
providing procedures whereby Federal McCarran International Airport are being
agencies can gain access to such records. required by the FBI to turn over all guest
5Post-9/11: USA PATRIOT Act. - Expands and passenger names and personal
government authority to obtain personal information, at least during the holiday
information - Limits judicial review, most period, several sources said Tuesday. FBI
of which resides in the secret FISA Court spokesman Todd Palmer confirmed the
- Secrecy limits public oversight or federal action and said the requirement
ability to challenge data collection. that the companies surrender customer
6Broad New Subpoena Power. FBI may information is a “normal investigative
obtain an order requiring production of procedure.” . . . The information is being
“any tangible things (including books, transmitted electronically to the FBI on
records, papers, documents, and other what could amount to 300,000 visitors to
items) for an investigation to protect Las Vegas daily. Las Vegas Review-Journal
against international terrorism or (December 31, 2003).
clandestine intelligence activities.” Gag 16“Homeland Security” and Academic
Order -- “No person shall disclose to any Freedom. Drake University President David
other person (other than those persons Maxwell said Tuesday that a federal grand
necessary to produce the tangible things jury’s demand for information about a
under this section) that the Federal student group involved in an anti-war
Bureau of Investigation has sought or conference violated students' rights and
obtained tangible things under this the university’s purpose. “Of all places,
section.” USA PATRIOT Act, Sec. 215. we are a safe haven for ideas, and
7Broad New Subpoena Power. Sec. 215 can particularly for unpopular ideas,” he
be used to access: - purchase records - said. After the university raised
computer files - educational records - questions about student privacy laws, the
library records - genetic information subpoena was withdrawn Friday and replaced
Hearing of the House Judiciary Committee, by an order asking for records of the
June 5, 2003 (testimony of Attorney meeting, including documents identifying
General John Ashcroft). people attending the meeting and security
8Access to Student Records -- FERPA. records describing what was discussed at
Amendment to FERPA permits schools to the meeting. Des Moines Register (February
disclose – without the consent or 11, 2004).
knowledge of the student or parent – 17“Homeland Security” and Research Data.
personally identifiable information from NASA Ames requested passenger data from
the student’s education records to the Northwest Airlines “to be used in our
Attorney General in response to an ex research and development work.” More than
parte order in connection with the 10 million Passenger Names Records (PNR)
investigation of terrorism. Also amends were provided to the agency.
FERPA’s record keeping requirements-- does 18Aviation Security -- CAPPS II. Will
not require a school official to record a conduct background checks on all
disclosure of information from a student’s passengers Classified system; sources of
record when the school makes that data will not be published Accuracy and
disclosure pursuant to an ex parte order. due process issues; passenger rights? GAO:
- USA PATRIOT Act, Sec. 507. TSA has failed to address privacy and
9National Security Letters (NSLs). - a “redress” issues Will this approach expand
form of administrative subpoena that to other environments? (and where will the
permits the FBI to request from businesses data come from?).
records of, among other things, telephone 19The PATRIOT Act, Technology and
and Internet activity or financial data Records Privacy. David L. Sobel General
from banks and other financial Counsel Electronic Privacy Information
institutions bearing on Center sobel@epic.org ECURE 2004 Arizona
counterintelligence or terrorism cases. - State University Tempe, AZ March 1, 2004.
subpoenas are secret; the recipient cannot
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