3.2 The threat of terrorism in the united states: the emotional  (Page 3/5)

Foreign intelligence investigators

In addition to the provisions mentioned earlier, the Patriot Act eased some of the restrictions on foreign intelligence gathering within the United States. Furthermore, it afforded the United States intelligence community greater access to information discovered during a criminal investigation. According to Charles Doyle’s Congressional Research Services Report to Congress (2002, pg. CRS-3), the Act:

• Allows “roving” surveillance (court orders not including the identification of the particular instrument, facilities, or place where the surveillance is to take place)
• Increases the number of judges on the Foreign Intelligence Surveillance Act (FISA) court from 7 to 11
• Allows application for a FISA surveillance or search order when gathering foreign intelligence
• Authorizes pen register and trap and trace device orders for e-mails as well as telephone conversations
• Sanctions court ordered access to any tangible item rather than only business records held by lodging, car rental, and locker rental businesses
• Is subject to a sunset provision
• Creates a claim against the United States for certain communications privacy violations by government personnel
• Expands the prohibition against FISA orders based strictly on First Amendment Rights

Money laundering

One of the major areas of focus, for law enforcement personnel, after the attacks of September 11, 2001, pertained to money transactions. The law enforcement community believes that if they are able to “disable” the ability of terrorists to make monetary transactions, it will have an immediate positive effect in preventing terrorist attacks. Based on this belief, the Patriot Act introduced laws aimed at enhancing law enforcement’s ability to intercept and control, to some degree, the flow of cash which is intended to be used to support or commit criminal offenses.

The Act, according to Charles Doyle’s Congressional Research Services Report to Congress (2002, pg. CRS-3), “expands the authority of the Secretary of the Treasury to regulate the activities of U.S. Financial institutions, particularly their relations with foreign individuals and entities”. Specifically, according to Doyle’s Report (2002, pgs. CRS-3, 4), the Secretary of the Treasury has the authority, under the Act, to:

• Require securities brokers and dealers as well as commodity merchants, advisors and pool operators to file suspicious activity reports (SARs)
• Require businesses to file SARs
• Impose additional special measures and due diligence requirements to address foreign money laundering
• Prohibit financial institutions based in the U.S. to maintain correspondent accounts for foreign shell banks
• Prevent financial institutions from allowing their customers to conceal their financial activities by taking advantage of the institutions’ concentration account practices
• Establish minimum new customer identification standards and record-keeping and recommending an effective means to verify the identify of foreign customers
• Encourage financial institutions to maintain anti-money laundering programs which must include at least one compliance officer; an employee training program; the development of internal policies, procedures and controls; and an independent audit feature