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ABA Family Legal Guide

Criminal Justice

The Police and Your Rights

Has the law regarding telephone taps and other surveillance changed since the terrorist attacks of September 11, 2001?

Yes. The USA Patriot Act has made sweeping changes to a wide variety of laws, in an attempt to strengthen the hand of law enforcement and deter future terrorist attacks. The law was introduced a week after the terrorist attacks of September 11, 2001, and was enacted by Congress a little over a month later. For example, in the area of surveillance and searches, the law amends the following:

  • Wiretap Statute (Title III)
  • Pen Register and Trap and Trace Statute
  • Electronic Communications Privacy Act
  • Computer Fraud and Abuse Act
  • Foreign Intelligence Surveillance Act
  • Bank Secrecy Act
  • Right to Financial Privacy Act

    It also amends a wide variety of other laws, including the following:

  • Family Education Rights and Privacy Act
  • Immigration and Nationality Act
  • Money Laundering Control Act
  • Fair Credit Reporting Act

    As this list shows, the law reaches into computer law, search and seizure law, the law regulating financial transactions and reporting, and immigration law. Some commentators have argued that the law is too sweeping and lacks the checks and balances and other safeguards that are a traditional part of our system of criminal law. Others have pointed out that the act includes judicial safeguards in several areas (meaning that a judge has to approve certain activities), and that many of the wiretapping and foreign intelligence amendments are to go out of existence on December 31, 2005, unless Congress extends them. Also, Congress has considered bills to modify some of the act's more controversial provisions.

  • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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