Dean & Barrett, lawyers in Opelika, AL, Alabama

Surveillance Changes under the PATRIOT Act

The PATRIOT Act provides federal and international agencies with the ability to track and intercept oral, written, and electronic communications.

Prior to the enactment of the PATRIOT Act, Title III of the Omnibus Crime Control and Safe Streets Act of 1968 supplied the first level of interception of communications. Title III prohibits the electronic eavesdropping on telephone conversations, face-to-face communications, or computer or electronic communications. Under Title III, law enforcement officers are permitted to use electronic surveillance as a last resort in a criminal investigation. Law enforcement officers may file a request to conduct electronic surveillance with the U.S. Department of Justice.

With respect to telephone records and email held in storage by a third party, law enforcement officers are permitted to access such information after a warrant has been obtained. With respect to trap and trace devices and pen registers, a secret caller identification that identifies the source and destination of calls made to and from a particular telephone, law enforcement officers have access to such information simply upon a certification by the government. No court involvement is required with respect to this level of surveillance.

Changes in Surveillance

After the passage of the PATRIOT Act many changes occurred with respect to electronic surveillance and seizure thereof. The Act:

Permits trap and trace orders and pen register for electronic communications such as email.
Permits the interception of a trespasser within a computer system.
Adds more terrorist and computer crimes to Title III's list of criminal offenses.
Reinforces and adds additional protections under Title III.
Treats stored voice mail and email in the same manner.
Permits the nationwide execution of court orders for pen registers, trap and trace devices, and access to other electronic communications.
Encourages cooperation between agencies with respect to information obtained from prior surveillance activities.

Foreign Intelligence Investigations

The PATRIOT Act eases some of the prior restrictions that existed with respect to foreign investigations. Foreign intelligence agencies are no longer so restricted to conduct investigations within the borders of the United States. Foreign intelligence agencies may now conduct roving investigations, apply for certain types of surveillance, and use trap and trace methods and pen registers.