A decade after Bush’s signature, information is sketchy about how the law is being used in practice: ‘…despite its namesake of “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism,” the law seemingly is being invoked far more to target domestic crime than for fighting terrorism.
The act, which has remained largely the same since President George W. Bush signed the legislation six weeks after 9/11, among other things gives the government powers to acquire phone, banking and other records via the power of a so-called “national security letter,” which does not require a court warrant.
National security letters, perhaps the most invasive facet of the law, are written demands from the FBI that compel internet service providers, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, and arguably websites you have visited.
The FBI need merely assert, in writing, that the information is “relevant” to an ongoing terrorism or national security investigation. Nearly everyone who gets a national security letter is prohibited from even disclosing that they’ve received one (the automatic gag order provision was struck down in a rare legal loss for the Patriot Act, but they persist in practice). More than 200,000 letters have been issued by the FBI.
Amendments requiring that the letters seek data relevant to a “terror” investigation have failed.’ (via Wired.com).
