Let the Sun Set on PATRIOT - Section 202:

Section 202, Authority To Intercept Wire, Oral, And Electronic Communications

Communications Relating To Computer Fraud And Abuse Offenses,” and Section 217, “Interception Of Computer Trespasser Communications.

Why Sections 202 and 217 Should Sunset

The two provisions together make it easier for the FBI to get privacy-invasive wiretap orders and to intercept your electronic communications when investigating computer crimes – even when those crimes have absolutely nothing to do with terrorism.

Wiretap orders are like “super-warrants” – only the most serious crimes justify their use. Yet in the climate of fear in the wake the 9/11 terrorist attacks, the Justice Department persuaded Congress to expand the government’s wiretap powers without ever having to cite even a single instance in which a computer-crime investigation – much less a terrorism investigation - had been hindered due to lack of surveillance authority.

The Justice Department also succeeded in pushing through a provision that under some circumstances gives the FBI the power to intercept your private electronic communications - email messages, faxes, instant messages, etc. - without a judge’s approval.

How Sections 202 and 217 Changed the Law

• Section 202: The FBI can get a court’s authorization to “bug” face-to-face conversations or tap phone calls only when investigating especially serious crimes. PATRIOT added computer crime to the list of felonies that justify such profound violations of privacy – despite the fact that the Justice Department never presented evidence to suggest that this is necessary in the battle against either computer crime or terrorism.
• Section 217: It used to be that in order to intercept your private electronic communications in a computer-crime investigation, the FBI had to seek permission from a court. No more. Now, so long as a computer service provider merely claims you are “trespassing” on its network, the FBI is free to intercept your private communications as it so chooses.

Conclusion

Anti-terrorism laws cannot be justified by fear alone — they must address a real need or be repealed. Absent a clear demonstration from the FBI that these new surveillance powers are necessary, Congress should allow Sections 202 and 217 to expire.