The USA Patriot Act

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The USA Patriot Act
Keith Hodges FLETC Legal Division
www.khodges.com/iacp.htm
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• Handouts available at
• www.khodges.com/iacp

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On September 11, 2001, more Americans were
murdered than ..
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American battle deaths in the war of 1812.
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American battle deaths at Pearl Harbor.
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American battle deaths in the Indian Wars
(1817-1898).
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American battle deaths in the Mexican War
(1846-1848).
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American battle deaths in Vietnam prior to 1966.
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Union battle deaths at first Manassas (Bull Run).
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Police officers killed in the line of duty since
1984. (72 officers murdered on September
11) (Officer Down Memorial)
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• On October 26, 2001, President Bush signed the
  USA Patriot Act into law.

• There was little debate.
• There were few conferences.
• The House vote was 357-66.
• The Senate vote was 98-1.

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The USA Patriot Act (PL 107-56) Changes in
federal Law that assist state and local law
enforcement
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Patriot Act - Major Areas

• Foreign Intelligence and Terrorism.
• Easier to track terrorists and spies.
• Money Laundering.
• Easier to follow the money.
• Immigration Laws
• FBI and INS working together more closely

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Patriot Act - Major Areas What we will
discuss

• Money and resources to combat general crime.
• Broader search warrant authority.
• Weapons to track and obtain the electronic
  communications of criminals.

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More DNA Samples

• OLD DNA samples taken for limited class of
  federal offenses are entered in FBI DNA database
  (CODIS).

• NEW Class of offenses greatly expanded and now
  includes any offense remotely associated with
  terrorism and any crime of violence.
• USA Patriot Act Section 503
• Affects 18 USC Sections 42 USC Section 14125a

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Electronic Crimes Centers USSS

• By Executive Order and Patriot Act
• Critical Infrastructure Assurance
• Electronic Crimes Task Force
• Establish a nationwide network
• SA Bob Weaver, rweaver_at_usss.treas.gov

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Federal Cybersecurity Assistance

• NEW 50,000,000 per year for DOJ to establish
  regional computer forensic laboratories to
• Assist state and local law enforcement on
  computer-related crime.
• Do forensic examinations on seized or
  intercepted computer evidence.
• Training to state/local LEOs and prosecutors on
  computer-related crime.
• Sharing expertise with state and local LEOs to
  include multi-jurisdictional task forces.
• USA Patriot Act Section 816

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Federal Benefits for Death/Injury

• OLD 100k benefit to public safety officer
  death in line of duty/on duty.

• NEW Death benefit increased to 250k.
• Total disability benefit remains the same (5
  million cap.)
• USA Patriot Act Section 613
• Affects 42 USC Section 3796
• DOJ BJA fact sheet at http//www.ncjrs.org/pdf
  files1/bja/fs000271.pdf

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Broader search warrant authority
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Sneak and Peek Warrants(Covert entry
warrants)

• OLD Question whether and when notice required.

• NEW May enter without notice to look for but
  not seize evidence.
• Notice of search may be delayed if reasonable
  cause the notice may have adverse result.
• No-knock OK.
• USA Patriot Act Section 213
• 18 USC Section 3103a

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Domestic Terrorism Warrants

• NEW Nationwide warrants for domestic terrorism
  by Federal judge in any district in which
  activities related to the terrorism may have
  occurred.
• Domestic terrorism includes any acts dangerous
  to human life in violation of state or federal
  law that appear to be intended to
• Intimidate or coerce population.
• Influence government policy by coercion or
  intimidation
• Affect the conduct of government by mass
  destruction, assassinations, or kidnapping.
• USA Patriot Act Section 219, 802
• Affects 18 USC Section 2516(a)(c)

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Criminals use the Internet.A quick primer.
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Criminals Use the Internet and Electronic
Communications Because ....

• Cheap
• Fast
• One transmission many recipients
• Email or web page.
• Easy to move money
• Easy to store and transmit data
• Can connect from or to anywhere
• Avoid jurisdiction and venue

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How the Internet is used

• IP address The ticket to ride the Internet.
• IPs cost money.
• Most IPs owned by an entity and then assigned or
  loaned (Earthlink, AOL, employers)
• ISP Internet Service Provider
• They own the IP addresses.
• They charge money.
• They know who their customers are (so they can
  bill them)

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What About Free Email Addresses?

• Anyone can get a free email address
• Yahoo, Hotmail, etc. doesnt care who you are.
• They just want to sell stuff.
• But, to use the email address, must have an IP
  address.
• We can discover their IP address.
• And then we get leads as to identity and
  location.

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Joe and Susie Criminal

• JoeCriminal108_at_hotmail.com
• He lied about his identity
• SusieCriminal_at_hotmail.com
• She lied about her identity
• Joe and Susie send emails
• Who are Joe and Susie?
• Where are they?

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Susie Sends Joe an Email
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We Get Susies ISP
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(No Transcript)
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Knowing the IP Leads to ....

• Who the IP was loaned or rented to.
• When the IP was used.
• How the person connected to the ISP and maybe
  from where.
• Phone records for dial-up connections.
• Other methods of connection.
• How the person paid the ISP (Credit Cards !)
• When they used the IP.
• Web sites visited.
• Email addresses of correspondents.

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• Patriot Act Tools
• to catch
• Internet and Email Users

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Easier to Identify Internet Users

• OLD Court order required to obtain some
  information to identify Internet users.

• NEW Subpoena will get users method of payment
  (to include credit card numbers), IPs, and
  Internet toll records (session times and
  duration)
• USA Patriot Act Section 210
• Affects 18 USC Section 2703(d)

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Pens and Traps on Internet Use

• OLD Pen and Trap statute focused on telephones.

• NEW Can now track Internet and cell phone use
  cell phone ESNs, IP addresses, email addresses,
  TO and FROM in emails. (But not content).
• USA Patriot Act Section 216
• Affects 18 USC Sections 3121 et. Seq.

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Criminal in NC
TX company says, Check with XYZ in CA.
Trap Order for NC phone company
NC company says We dont have data on this call.
Check with ABC phone company in TX.
We get Trap Order for TX phone company
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Nationwide Pen/Trap Orders

• OLD Needed Pen/Trap for each jurisdiction
  where the communication was routed.

• NEW Single nationwide Pen/Trap when issued by
  Federal judge with jurisdiction over crime under
  investigation.
• (State Trap limited to courts jurisdiction.)
• USA Patriot Act Section 216
• Affects 18 USC Sections 3121 et. Seq.

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Nationwide Pen/TrapsMore good news
Names of specific providers dont have to be
known when Pen/Trap order obtained. LE can
later certify the names of the specific providers
to whom the order applies.
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Criminal in NC
Trap Order for NC phone company
NEW LEO certifies the court order applies to the
TX (and any other) company.
NC company says We dont have data on this call.
Check with ABC phone company in TX.
OLD Get Trap orders in different jurisdictions
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STORED E-MAILS
Wiretap
Search Warrant
Stored Emails
Sender (AOL)
AOL Server Temporary Storage
Search Warrant
Earthlink Server Temporary Storage
Wiretap
Recipient (Earthlink)
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Nationwide Email Searches

• OLD Needed warrant / court order / subpoena
  for each jurisdiction where emails are stored.

• NEW Single nationwide warrant when issued by
  Federal judge with jurisdiction over crime under
  investigation.
• USA Patriot Act Section 220
• Affects 18 USC Section 2703

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Cable Providers Cant Hide

• OLD Cable Act prevented companies from giving
  LE information - even if there was a warrant.

• NEW Cable companies that provide phone and
  Internet services treated like ISPs and phone
  companies.
• USA Patriot Act Section 211
• Affects 18 USC Sections 2510 2701 47 USC
  Section 551.

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Easier to Catch Hackers

• OLD Communications providers couldnt ask law
  enforcement to catch hackers.

• NEW Communications providers can request the
  assistance of law enforcement to monitor and
  catch hackers.
• USA Patriot Act Section 217
• Affects 18 USC Section 2511

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Easier to Wiretap Hackers

• OLD Federal law did not permit wiretaps to
  intercept wire (human voice) communications in
  hacking investigations.

• NEW Feds can intercept wire communications in
  hacking investigations.
• USA Patriot Act Section 202
• Affects 18 USC Section 2516(a)(c)

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No Wiretap for Voice Mail

• OLD A wiretap order was required for voicemail
  that was stored by a communications provider.

• NEW Voicemail is treated like email and can be
  obtained with a search warrant, court order, or
  subpoena.
• USA Patriot Act Section 209
• Affects 18 USC Sections 2510 (1)

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Federal Crime Charity Fraud

• OLD Telemarketing fraud did not include
  solicitations for fraudulent charities (though it
  was wire/mail fraud.)

• NEW Fraudulent phone solicitations for charities
  covered under telemarketing fraud 5 year bump.
  Impersonating Red Cross max increased to 5
  years.
• USA Patriot Act Section 1011
• Affects 18 USC Sections 18 USC Sections 917,
  2325-2327

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• Handouts
• www.khodges.com/iacp