USA PATRIOT
Federal anti- terrorism law
Effective October 26, 2001
December 31, 2005, sunset for some of the
surveillance provisions
Additional laws and regs will be enacted
NC State University - March 2002
- David Drooz 1
USA PATRIOT
Major areas for higher education
1. Biological agents and toxins
2. Reporting info on foreign students
3. FERPA change
4. Surveillance / release of records
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1. Biological Weapons statute
PATRIOT amendment makes it unlawful
to
“knowingly possess any biological
agent, toxin, or delivery system of a
type or in a quantity that…is not
reasonably justified by a…bona fide
research or other peaceful purpose.”
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1. Biological Weapons statute
Intent to use as weapon is no longer
required
Up to 10 years in prison
Does not apply to agent or toxin in
naturally occurring environment (i.e.,
it’s not been cultivated or extracted)
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1. Biological Weapons statute
“Biological agent" = any micro-organism,
virus, infectious substance, or biological
product…capable of causing--
(A) death, disease, or other biological
malfunction in…another living organism;
(B) deterioration of food, water,
equipment, supplies, or material of any
kind; or
(C) deleterious alteration of the
environment
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1. Biological Weapons statute
Another PATRIOT amendment:
Some biological agents are “select
agents”
“Restricted persons” cannot transport,
ship, possess, or receive select agents
Up to 10 years in prison for violation
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1. Biological Weapons statute
“Restricted persons” =
Indicted or convicted of crime that’s
punishable by over 1 year in prison
Fugitive from justice
Unlawful user of controlled substance
Illegal alien
Continued…
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1. Biological Weapons statute
“Restricted persons” =
Has been committed to mental institution
or adjudicated as “mental defective”
Is from a country designated as a terrorist
state (Iran, Iraq, Syria, Libya, North Korea,
Cuba, Sudan) and is not a permanent
resident of USA
Has dishonorable discharge from military
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1. Biological Weapons statute
Punishment is for violations by the restricted
person, not the institution
NCSU: warn persons with access to select
agents about the restricted categories
NCSU: plans for criminal background checks.
No plans for checking other types of
restricted categories
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1. NC law on biological agents
New NC statute and regulations
supplement PATRIOT
Creates a “biological agents registry”
Must report changes in select agent info
to HHS within 7 days
Not a public record
Must comply with federal regulatory
safeguards
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1. Biological Weapons statute
Environmental Health and Safety office
coordinates compliance for NCSU on the
biological agents requirements
David Rainer 515-4238
Human Resources is setting up criminal
checks (Terree Kuiper 515-4288)
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2. Foreign student reporting
requirements
Old law required US Attorney General to set
up an electronic system for collecting info on
non-immigrant foreigners with F, M, and J
visas.
PATRIOT provides funding to get this going.
Once the software is running (by Jan 2003),
universities will have to report info.
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2. Foreign student reporting
requirements
Report:
Identity and current address
Visa classification and dates of issuance/extension
Current academic status (full or part time;
compliance with terms of exchange program, etc.)
University discipline action, or change in
participation in an exchange program, as a result
of criminal conviction
Date of entry and port of entry
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2. Foreign student reporting
requirements
Office of International Scholars and Students
(Michael Bustle) will handle the reporting for
NC State
OISSS also handles other reporting on foreign
students, as required by INS regulations
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3. PATRIOT & student records
Amends FERPA - law on student privacy
US Attorney General may get ex parte court
order to collect education records for
terrorism investigation
University not required to record the
disclosure
University has good faith immunity
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4. Surveillance / release of records
Expands law enforcement surveillance
rights through amendments to:
Wiretap / stored communications laws
Pen register / trap and trace laws
Foreign Intelligence Surveillance Act
Federal Rules of Criminal Procedure
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4. Surveillance / release of records
Tools for surveillance:
Wiretap – interception of oral, wire, or
electronic communications
Pen registers / Trap and trace – devices
that record phone numbers dialed out
or dialed into a line
Internet/computer gathering devices
E.g., Carnivore and Magic Lantern
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4. Surveillance / release of records
Objects of surveillance:
Stored communications
Communications in transit
Computer files
User data (subscriber records)
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4. Surveillance / release of records
Source of authority for surveillance request:
Public records request – anyone
Subpoena - court, attorney, or authorized
official
Search warrant – court (or AG for FISA)
Pen/trap order - court
Wiretap order – court (or AG for FISA)
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4. Surveillance / release of records
Each type of surveillance or records request
must satisfy different statutory criteria
Low threshold for approval of surveillance of
“foreign intelligence activities.” Approval
comes from a special federal court that
operates secretly (or just from Attorney
General if target is a foreign power)
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4. Surveillance / release of records
Summary of PATRIOT changes to surveillance
1. Hacking: ISPs can now request law enforcement
help when intercepting communications of a
computer trespasser. No court order needed.
2. Hacking, etc.: Wiretap orders can now be issued
to cover violations of Computer Fraud and Abuse Act,
Chemical Weapons law, and Anti-terrorism law
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4. Surveillance / release of records
3. Voicemail – can now be seized with search
warrant (like email) instead of wiretap order.
4. Subscriber information – ISPs must
divulge info about users in response to
administrative subpoena
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4. Surveillance / release of records
5. Emergencies – ISPs serving the public may
disclose content and non-content records of
electronic communications to law enforcement to
respond to threat of immediate danger of death or
serious injury.
Also to protect the rights and property of the ISP
6. Nationwide service - search warrants for stored
electronic communications now have effect nationally
(doesn’t have to be from local court). (For email
<180 days old.)
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4. Surveillance / release of records
7. Pen register / trap and trace devices
Now for electronic communications as well as
phones. Connection records only – not content!
Court order is valid nationwide; need not name
the ISP. ISP can demand that law enforcement
certify the order applies to the ISP.
This is a big deal. E.g., supports Carnivore.
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4. Surveillance / release of records
8. FISA controls surveillance of foreign intelligence
Foreign intelligence = info related to sabotage,
espionage, terrorism or other hostile acts by agent of
foreign power
Lesser requirements for law enforcement to meet
than for regular wiretaps, pen/traps, and searches
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4. Surveillance / release of records
8. FISA continued…
FISA now says that “foreign intelligence” must be a
“significant purpose” instead of “the purpose” of
surveillance or search
Allows roving (nationwide) wiretaps – a provider can
be required to assist even though not named in the
order or subpoena
Good faith immunity for providers who assist with a
court order or request under FISA
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4. Surveillance / release of records
8. FISA continued…
FBI can get court order for production
of business records
To investigate international terrorism or
clandestine intelligence
Now applies to all businesses, even universities
The order and disclosure must be kept secret
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4. Surveillance / release of records
9. Search warrants –
May be issued from anywhere terrorism has
occurred, no longer has to issue in district
where search is to occur
Court may allow a “reasonable time” before
police must tell target that search has
occurred
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4. Surveillance / release of records
10. PATRIOT does not impose any new
technology requirements on providers
Reasonable compensation is available to a
provider who furnishes law enforcement with
facilities or technical assistance in connection
with a pen/trap order
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Conclusion
Biological agents
Keep track of “biological agents” & limit quantities
Keep track of who has access to select agents
Call Environmental Health & Safety for info
Surveillance
Ask that all requests for surveillance or records be in
writing
Consult immediately with the Office of Legal Affairs
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