The September 11, 2001 terrorist attacks prompted congressional action on many fronts, including passage of the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, P.L. 107-56 . The Act is broadly scoped, and some of its provisions may affect Internet usage, computer security, and critical infrastructure protection. In the area of computer security, the Act creates a definition of "computer trespasser" and makes such activities a terrorist act in certain circumstances. The Act enables law enforcement officials to intercept the communications of computer trespassers and improves their ability to track computer trespasser activities. It also codifies some elements of U.S. critical infrastructure policy articulated by both the Clinton and George W. Bush Administrations to ensure that any disruptions to the nation's critical infrastructures are minimally detrimental.
Although the Act does not explicitly address electronic commerce (e-commerce), many of the law's provisions may impact it. In particular, Title III responds to concerns that more can be done to prevent, detect, and prosecute international money laundering and the financing of terrorism. Over time, these provisions may affect e-commerce broadly, and electronic fund transfers specifically. Electronic government (e-government) could be affected by the Act in both positive and negative ways. The intense focus on improving data collection and information sharing practices and systems may contribute to the establishment of government-wide technical standards and best practices that could facilitate the implementation of new and existing e-government initiatives. It could also promote the utilization of secure Web portals to help ensure the data integrity of transactions between the government and citizens and business. However, concern about potential abuses of data collection provisions could dampen citizen enthusiasm for carrying out electronic transactions with the government. The Act provides law enforcement officials with greater authority to monitor Internet activity such as electronic mail (e-mail) and Web site visits. While law enforcement officials laud their new authorities as enabling them to better track terrorist and other criminal activity, privacy rights advocates worry that, in an attempt to track down and punish the terrorists who threaten American democracy, one of the fundamental tenets of that democracy--privacy--may itself be threatened. Because of the controversial aspects of some provisions in the Act, particularly regarding privacy, Congress and other groups are expected to monitor closely how the Act is implemented.
The September 11, 2001 terrorist attacks prompted congressional action on many fronts, including passage of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, P.L. 107-56. The Act is broadly scoped, and some of its provisions may affect Internet usage, computer security, and critical infrastructure protection.
In the area of computer security, the Act creates a definition of "computer trespasser" and makes such activities a terrorist act in certain circumstances. The Act enables law enforcement officials to intercept the communications of computer trespassers and improves their ability to track computer trespasser activities. It also codifies some elements of U.S. critical infrastructure policy articulated by both the Clinton and George W. Bush Administrations to ensure that any disruptions to the nation's critical infrastructures are minimally detrimental.
Although the Act does not explicitly address electronic commerce (e-commerce), many of the law's provisions may impact it. In particular, Title III responds to concerns that more can be done to prevent, detect, and prosecute international money laundering and the financing of terrorism. Over time, these provisions may affect e-commerce broadly, and electronic fund transfers specifically.
Electronic government (e-government) could be affected by the Act in both positive and negative ways. The intense focus on improving data collection and information sharing practices and systems may contribute to the establishment of government-wide technical standards and best practices that could facilitate the implementation of new and existing e-government initiatives. It could also promote the utilization of secure Web portals to help ensure the data integrity of transactions between the government and citizens and business. However, concern about potential abuses of data collection provisions could dampen citizen enthusiasm for carrying out electronic transactions with the government.
The Act provides law enforcement officials with greater authority to monitor Internet activity such as electronic mail (e-mail) and Web site visits. While law enforcement officials laud their new authorities as enabling them to better track terrorist and other criminal activity, privacy rights advocates worry that, in an attempt to track down and punish the terrorists who threaten American democracy, one of the fundamental tenets of that democracy--privacy--may itself be threatened.
Because of the controversial aspects of some provisions in the Act, particularly regarding privacy, Congress and other groups are expected to monitor closely how the Act is implemented.
The September 11, 2001 terrorist attacks prompted congressional action on many fronts, including passage of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act. The Act is broadly scoped,(1) and some of its provisions may affect use of the Internet, computer security, and critical infrastructure protection.
The legislation initially passed the Senate (96-1) as S. 1510 on October 11, 2001. The House passed H.R. 2975 (337-79) on October 12. A compromise bill, H.R. 3162, passed the House (under suspension) on October 24 and the Senate (98-1) on October 25. The President signed it into law on October 26 (P.L. 107-56).
The implementation of the Act will be carefully scrutinized. While law enforcement officials heralded the passage of what they regard as necessary provisions for counteracting terrorists and other criminals, civil liberties groups urged caution in passing a new law in an emotionally charged environment. During debate, some Representatives raised concerns about the process used to bring the bills to the floor. In the House, for example, the version of H.R. 2975 as reported from the Judiciary Committee on October 11 (H.Rept. 107-236, Part 1) was replaced by the text of a new bill, H.R. 3801, for the purposes of debate.(2) H.R. 3801 was very similar, but not identical, to S. 1510 as it had passed the Senate hours earlier. Hence, some Representatives felt they had insufficient time to review the legislation they were being asked to vote on. Among the changes in H.R. 3801 was an extension of the sunset period on several of the electronic surveillance provisions from 2 years to 5 years. Some Members had argued for a short sunset period, maintaining that the changes in the law were being made hurriedly. In light of this history, it appears that oversight of the Act's implementation will be of considerable interest to Congress and a broad range of interest groups.
This report summarizes the potential effect of the Act on electronic privacy, security, commerce, and government, and identifies issues that are arising.
Every day, persons gain access (or try to gain access) to other people's computers without authorization to read, copy, modify, or destroy the information contained within--webpages are defaced, unwanted messages and pictures are conveyed, information (or money) is stolen, communications are jammed and services denied. The list of perpetrators includes juveniles, disgruntled (ex)employees, criminals, competitors, politically or socially motivated groups, and agents of foreign governments. For the purposes of this report, people who engage in such activities will be called computer trespassers (adopting a term which the USA PATRIOT Act defines, as explained below). The damage computer trespassers can inflict, either knowingly or unwittingly, often goes beyond merely being a nuisance and in most cases rises to the level of a federal crime (pursuant to 18 U.S.C. 1030). It is also conceivable that under certain conditions such actions could be considered a terrorist act or rise to the level of endangering national security by threatening the functioning of the country's critical infrastructure.
For the most part, law enforcement agencies seem to have had adequate tools to investigate, prosecute and penalize these offenses. One area where officials have sought improvement for some time, however, is in streamlining their ability to track computer trespassers, both in real time or after the fact. Prior to passage of the USA PATRIOT Act, procedures required investigators to request court orders, warrants, subpoenas, etc. from a multitude of jurisdictions, since most computer trespassers will route their communications around the world. While the USA PATRIOT Act is directed primarily to improve the ability of the government to detect, prevent, and respond to the kinds of terrorist attacks experienced last September and October, a number of the provisions affect the government's law enforcement surveillance and investigatory powers more generally. Those that directly and indirectly affect the ability of the government to investigate, prosecute, and perhaps deter computer trespassers, whatever their intent, are listed below.
Since information networks (including the Internet) are considered critical infrastructures, the above sections are also relevant to this discussion. However, there are two additional provisions that affect the protection of other critical infrastructures more generally.
Many of the provisions related to the surveillance and investigatory powers of law enforcement have raised concerns within the privacy and civil liberties communities. These are discussed in more detail later in this report. Some of the provisions do not necessarily grant law enforcement officials more power in practice, but clarify that those powers exist and put them on a sounder basis. Many observers believe that the most important changes affecting law enforcement officials are those provisions allowing for nationwide warrants, court orders, etc. to facilitate the tracking of computer trespassers. In the case of investigating offenses after the fact, these provisions may save more resources than time. However, in cases where officials are trying to track computer trespassers in real time, time is of great importance and the provisions should be that much more effective. In regard to increasing the penalties for computer trespassers, there is some debate about whether doing so will have the hoped for deterrent effect.(9) Others suggest that, deterrence aside, increasing penalties better reflects the seriousness of the offenses.(10) The Act primarily strengthens law enforcement's tools to police what many believe is a network ill-designed for security. Aside from the provision to develop a National Infrastructure and Analysis Center, none of the provisions relate to providing for or ensuring more secure systems.
The convergence of computer and telecommunications technologies has revolutionized how we get, store, retrieve, and share information. Commercial transactions on the Internet, whether retail business-to-customer or business-to-business, are commonly called electronic commerce, or "e-commerce." Since the mid-1990s, commercial transactions on the Internet have grown substantially.(12) A January 2002 study by the Pew Internet and American Life Project found that overall, 29 million American shoppers made purchases on-line during the fourth quarter of 2001, spending an average of $392, up from $330 in the fourth quarter of 2000. A quarter of all Internet users did some shopping on the Internet last year, up from one-fifth of Internet users in 2000.
The USA PATRIOT Act does not address e-commerce directly;(13) however Title III of the Act, International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001, addresses concerns of policymakers that, in the wake of the September 11 terrorist attacks, more can be done to prevent, detect, and prosecute international money laundering and the financing of terrorism. Title III contains three subtitles with provisions that address international money laundering, voluntary disclosure by U.S. banks of suspicious financial activity, and the bulk smuggling of currency across U.S. borders and counterfeiting.
Many of the provisions in Title III do not go into effect until regulations are promulgated.(14)
Upon signing the USA PATRIOT Act, President Bush said "this legislation gives law enforcement officials better tools to put an end to financial counterfeiting, smuggling and money laundering." The President added: "We're making it easier to seize the assets of groups and individuals involved in terrorism."(15) Among the many provisions in Title III, law enforcement officials point to two of the Act's objectives--establishing new standards and requirements for increased cooperation by financial institutions when responding to federal government requests for information; and extending the federal jurisdiction over non-U.S. financial institutions in money laundering--as particularly vital to U.S. counter-terrorism efforts.(16)
However, some have raised concerns that Title III (as well as other provisions) may have a broader scope than many of its supporters intend.(17) While many are concerned that the civil liberties of individuals may be compromised if law enforcement officials extend their reach, Title III may also have implications for a wide range of e-commerce activities. It is unlikely that the Act will immediately affect retail e-commerce (e.g., online catalogue orders) or business-to-business e-commerce (e.g., the use of the Internet for inventory ordering and management). While these forms of e-commerce are growing very rapidly, to date they have not been identified as being particularly susceptible to misuse by terrorists. Retail e-commerce and business-to-business e-commerce require verifiable information between parties that may include names, addresses, credit card numbers and other information, and can be traced relatively easily. However, some observers have not ruled out terrorists using existing e-commerce exchanges to facilitate their activities in the future.(18)
The more common method of using e-commerce for illicit and terrorist purposes is through financial transactions. For example, the terrorists involved in the September 11 attacks reportedly used wire transfers routinely to fund their activities in the United States. Most money transfers, even relatively small amounts transferred as money orders by firms like Western Union, Money Gram, and other smaller companies, are done electronically. There is no need to establish a bank account or fill out credit reporting forms, identification requirements are minimal, a money wire firm's outlet may be located in a supermarket or drugstore and staffed by store employees, and it can take less than fifteen minutes to send money around the world.(19) The USA PATRIOT Act addresses wire transfers and money orders by requiring, among other provisions, the registration of all money order agents by December 31, 2001, and increasing the criminal penalties for those who knowingly conduct or assist in transferring money that is intended to promote or support an illegal activity. These provisions not only cover the physical transfer of money for these purposes, but electronic transfers as well.(20)
Larger financial institutions which conduct much of their business electronically--and therefore are part of the e-commerce business sector--are also affected by the USA PATRIOT Act. Among the provisions affecting large multinational financial corporations are increased authority for U.S. law enforcement officials to gain access to institutions' records and data bases; due diligence by U.S. financial institutions concerning money laundering by non-U.S. persons; enhanced standards for correspondent accounts held by U.S. banks; and prohibition of correspondent accounts with shell banks (banks which have no physical presence in their chartering country).(21)
Critics contend that the USA PATRIOT Act will not prevent nor prohibit the types of activities that terrorists engaged in before September 11. While U.S. money order and wire transfer firms will have greater reporting responsibilities and tighter restrictions under the Act, the sheer volume of transactions, many under $3,000, is enormous--in 2000, Western Union alone did 89 million wire transfers of money. Particularly in the Middle East a significant amount of money is transferred or exchanged by hawla, a remittance system outside of, and running parallel to, the banking system. Whether the USA PATRIOT Act can be effectively applied to terrorists' use of hawla is not clear. Some also question whether the time and cost to track large portions of electronic commerce conducted through hawla will prove to be an efficient use of government and private sector resources.(22)
Others contend that large U.S. financial institutions may also expend significant time and resources to comply with the Act without providing any assistance in the war against terrorism. According to Ellen Zimiles, a partner in KPMG's forensics practice, a large U.S. bank spends $10 million per year to fight money laundering--and the Act may add to that cost, as well as adding new costs for brokers, insurers, and others connected with the financial industry.(23) According to another expert, a U.S. bank typically has one million to five million ATM transactions daily, and 100,000 wire transactions per day. U.S. financial institutions will likely have to address how they will balance increased security provisions, broader access to their accounts by law enforcement officials, and ensuring customers that the privacy and integrity of financial accounts will not be compromised by compliance with the Act.(24)
Abroad, many U.S. financial institutions and multinational organizations routinely transfer currency internally and externally, often crossing national borders. These institutions and corporations often engage in routine short-term lending or borrowing to balance accounts or to finance projects. There are several established mechanisms and procedures for these transactions. The London Interbank Offering Rate (LIBOR) is an overnight lending rate by which multinational corporations electronically borrow or lend money to balance their accounts. The LIBOR is set by the largest banks, and the transactions are usually made with "Eurodollars."(25) These transactions occur on a daily basis and range in the trillions of dollars. There is no indication that any U.S. institutions using the LIBOR to settle accounts have aided or abetted terrorist activities. Still, these transactions could fall under the USA PATRIOT Act. If U.S. law enforcement officials begin to examine accounts, or even seize funds, under the Act, how might multinational corporations react-- may they even attempt to avoid compliance to the Act? Will foreign banks and governments acquiesce to U.S. actions?
Still, it is important to note that, to date, most (if not all) of the concerns raised by critics, other than those of costs of compliance, have been hypothetical. There have been no reported widespread law enforcement intrusions into financial institutions' databases, nor have there been any reported e-commerce or electronic fund transfers disruptions linked to the war on terror since the Act was signed into law. The events of September 11 resulted in a fundamental change in the way the United States views its defense and security. Over time, Title III of the USA PATRIOT Act may affect e-commerce broadly, and electronic transfers specifically. How this Act will affect law enforcement and security efforts in the Internet Age and its actual impact on privacy rights and data integrity remains to be seen.
A significant component of many of the initiatives regarding the USA PATRIOT Act specifically, and homeland security generally, involves the use of information technology to enhance existing government processes or create new ones. Some of these initiatives may contribute to the growing effort to implement e-government projects by both Congress and the Bush Administration through enhanced data sharing and greater confidence in the security and reliability of the networks. Other initiatives may inadvertently create obstacles by restricting access to information flows and reducing privacy protections.
There are a number of provisions in the USA PATRIOT Act that are relevant to e-government interests. E-government involves using information technology, and especially the Internet, to improve the delivery of government services to citizens, business, and other government agencies.(27) Most of these provisions are independent of one another, reflecting the often disparate and disconnected nature of e-government initiatives. Many of the provisions in the USA PATRIOT Act related to e-government focus on government-to-government (G2G) relationships, both within the federal government, and between federal, state, local, and foreign governments. Fewer of the provisions focus on government-to-business (G2B) or government-to-customer (G2C) interactions. The relevant provisions can be found in titles III, IV, VII, IX, and X, and are briefly discussed in turn.
The e-government policy implications associated with the USA PATRIOT Act are centered around three primary issues; knowledge management/data sharing, information security, and privacy.
Knowledge Management. Knowledge management (KM) has been defined as "the process through which an enterprise uses its collective intelligence to accomplish its strategic objectives."(28) As the above summary of the relevant provisions suggests, enhanced data sharing and knowledge management techniques are expected to play a significant role in homeland security efforts. Several of the provisions focus on improving access and the sharing of centralized databases by federal, state, and local law enforcement agencies. Some of the provisions also seek to establish a more fully integrated database system for processing and tracking the granting of visas, as well as the entry and exit of foreign nationals in the United States. In many cases these provisions are designed to rectify the problems associated with having multiple, incompatible, and sometimes overlapping databases, which have been identified as one of the contributing factors to the difficulties law enforcement and intelligence agencies have had tracking suspected terrorists.(29) Just as knowledge management has been recognized as an important component of improved homeland security, its proponents argue that knowledge management could play a significant role in e-government initiatives generally. Knowledge management efforts involving e-government have so far encountered a variety of obstacles.(30) Some of these obstacles include creating the appropriate technical and support infrastructure, achieving user "buy-in," and managing the development and use of specialized information. Some have suggested the creation of the position of chief knowledge officers (CKOs) at the agency, department, and/or federal level to facilitate the execution of specific knowledge-intensive projects and support larger government reform efforts. The success of knowledge management/data sharing efforts in the homeland security area could affect the adoption of these proposals.
Ensuring Information Security. Heavy reliance on centralized databases with wider access by more actors (both governmental and non-governmental) will require careful attention to data protection and the authentication of users. One way this may be achieved is through the use of public key infrastructure (PKI) encryption systems.(31) PKI systems are generally considered the most reliable means to ensure the security of online transactions.(32) However, implementing a PKI system can be a very difficult, time consuming, and expensive process. Moreover, in the case of federal e-government projects, the PKI systems used by different departments and agencies would need to be interoperable in order to realize the efficiencies hoped for, and convenience necessary, to achieve the desired citizen usage levels. So far, no such standards have been established.
The challenge of establishing a large scale PKI system raises many issues. Some of these include the lack of federal interoperable standards, the feasibility of implementation, and high costs.(33) First, the lack of federal interoperable standards raises the question of who would be responsible for developing and promulgating such standards. The National Institute of Standards and Technology (NIST) often works with industry to facilitate and develop technical standards and measurements. However, it is currently unclear what role NIST would play in developing any PKI standards. Assuming the acceptance of the PKI approach, it is also unclear whether the federal government should work to create a standard for its own use, or if it should rely on the development of an industry standard, which may take longer to emerge. Second, large scale, full-featured PKI systems are not common, raising questions regarding the scalability of the technology and the resources needed to accomplish the task. Implementation of such a system would require policy makers to decide if the federal government has sufficient expertise and resources to create a large scale PKI system in-house, or if it will need to be outsourced to one or more private contractors. Third, the largely uncharted nature of such an undertaking and the high costs of PKI systems generally, raises concerns for budget planning and oversight. Proponents of a government-wide PKI system maintain that if these issues can be adequately addressed, the creation of a single government-wide PKI system could promote the utilization of secure Web portals to ensure the data integrity of transactions between the government and citizens and business.
Privacy. In contrast to the two previously discussed issues, the implications of the USA PATRIOT Act on privacy could have a negative effect on e-government initiatives. Surveys have shown that the loss of privacy as a result of e-government is a significant concern among citizens.(34) As mentioned in the earlier section on computer security, the Act expands the type of information that may be collected by law enforcement officials from providers of electronic communications services or remote computing services. It also allows for the issuance of nationwide search warrants to facilitate the tracking of computer trespassers. Concerns about potential misuse of these data collection provisions could dampen citizen enthusiasm for carrying out electronic transactions with the government.
Until the September 11, 2001 terrorist acts, the Internet privacy debate focused on consumer privacy issues sparked by the collection, use, and dissemination of personally identifiable information by commercial Web site operators.(36) The practices of law enforcement agencies in monitoring the activities of individuals as they use the Internet for electronic mail (e-mail) or visiting Web sites was an important, but less visible, issue. Congress addressed it primarily in the context of ensuring that the Federal Bureau of Investigation (FBI) did not overstep its authority in using a software program called Carnivore (later renamed DCS 1000).(37) With a court order, the FBI could install Carnivore on the equipment of an Internet Service Provider (ISP) to monitor a suspect's Internet activity, which raised concern about whether the software was sufficiently precise to avoid monitoring the activity of other ISP customers and hence impinging on their privacy.
While Congress remains interested in overseeing the FBI's use of Carnivore, the September 11 terrorist attacks sharpened the debate over how to strike a balance between law enforcement's need to investigate criminals and protecting what most citizens believe to be their "right" to privacy.(38) Congress included provisions in the USA PATRIOT Act that make it easier for law enforcement to monitor Internet activities. Also, many ISPs that opposed law enforcement monitoring of their customers' Internet activity reportedly have been quite willing to assist law enforcement in its search for e-mail and other Internet evidence relating to the attacks.(39)
Title II of the Act, Enhanced Surveillance Procedures, includes provisions that affect monitoring of Internet activities.
As noted, the challenge for policy makers is balancing the needs of law enforcement with the desire by the public to maintain its privacy. In the wake of the terrorist attacks, the public appears more willing to make sacrifices in the privacy arena to protect the country against further attacks and bring the perpetrators of the September 11 assault to justice. Criticism of the USA PATRIOT Act from a privacy standpoint has been relatively muted, possibly because of the perception that the public is willing to accept such measures at this time. An October 2001 Harris Poll found that 63% of Americans favored monitoring of Internet discussions and chat rooms, and 54% favored monitoring cellphones and e-mail.(42)
However, privacy advocates worry that, in this emotionally charged climate, Congress is passing legislation that it later will regret. Groups such as the American Civil Liberties Union (ACLU), Center for Democracy and Technology (CDT), Electronic Privacy Information Center (EPIC), and Electronic Frontier Foundation (EFF) urge caution, fearful that, in an attempt to track down and punish the terrorists who threaten American democracy, one of the fundamental tenets of that democracy--privacy--may itself be threatened. The ACLU issued a press release(43) on October 24 stating that it was deeply disappointed with the House passage of H.R. 3162, and, after the bill cleared Congress, vowed to monitor its implementation.(44) CDT's Executive Director said on October 25 that "This bill has been called a compromise but the only thing compromised is our civil liberties."(45) Among CDT's concerns is that Section 216, which is not subject to the sunset provision, allows law enforcement officials to collect information about Internet usage without what CDT considers to be meaningful judicial review.(46)
The question of definitions is raised by others, including EFF. In particular, EFF cites the lack of definitions of "content" of e-mails that cannot be retrieved without a warrant, and the term "without authority" in the definition of a computer trespasser.(51) Packets of data that comprise e-mail messages may contain both content and non-content information (such as routing information). The Act allows law enforcement officials access to non-content information, but not to content. Thus this definition could be quite important. Regarding computer trespassers, Section 217 defines a computer trespasser as a person who accesses a protected computer without authorization, but it does not include a person with an existing contractual relationship with the owner or operator of the computer. EFF wants that term to mean only individuals who intentionally break into computers with which they have no relationship.
Some ISPs express satisfaction that guidance issued by the Justice Department implementing the USA PATRIOT Act clarifies that ISPs may use their own tools to obtain information required by law enforcement officials rather than rather than being required to allow the FBI to install software such as DCS 1000. EarthLink executive David Baker called it a "silver lining in what many otherwise describe as a cloud...."(52)
Like the ACLU, most of the privacy advocate groups assert that they will closely monitor how law enforcement officials implement the Act and try to ensure that the law is not misused. Congress may conduct oversight of the Act's implementation, both from the standpoint of the value of providing law enforcement officials with these additional tools to combat crime and terrorism, and in terms of any detrimental consequences that could arise.
1. (back) For a detailed legal discussion of all of the provisions of the Act, see CRS Report RL31200(pdf), Terrorism: Section by Section Analysis of the USA PATRIOT Act, by [author name scrubbed], December 10, 2001.
5. (back) A protected computer is defined in 18 U.S.C. 1030 (as amended by the USA PATRIOT Act) as a computer exclusively for the use of a financial institution or the U.S. government, or used by or for either of those, if the offense affects that use; any computer used in interstate or international commerce or communications; or a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
7. (back) A pen register allows the user to code or decode the dialing, routing, addressing, or signaling information transmitted by an instrument or facility. In terms of computer security, it allows the law enforcement official to identify the address to which a computer trespasser is sending a message. A trap and trace device allows the user to identify the source of a wire or electronic communication. In terms of computer security, it allows the law enforcement official to identify the address from which the computer trespasser is sending a message.
8. (back) (1) The Clinton Administration's Policy on Critical Infrastructure Protection: Presidential Decision Directive 63, White Paper, May 22, 1998. (2) President George W. Bush, Executive Order 13231--Critical Infrastructure Protection in the Information Age. Federal Register. Vol. 66. No. 202. October 18, 2001.
12. (back) For statistics and other data on e-commerce, see: CRS Report RL30435, Internet and E-Commerce Statistics: What They Mean and Where to Find Them On the Web, by [author name scrubbed]. Other sources include: http://www.idc.com, http://www.abcnews.go.com, http://www.forrester.com, http://www.emarketer.com, and http://www.cs.cmu.edu. It is important to note that some measurements of e-commerce, particularly data reported in the media, have not been verified.
13. (back) It is important to note that while no provisions of the USA PATRIOT Act of 2001 explicitly address e-commerce, many provisions throughout the law may have an impact on e-commerce. See: CRS Report RL31200(pdf), op. cit., for a discussion of the complete law.
16. (back) (1) Attorney General Ashcroft Directs Law Enforcement Officials to Implement New Anti-Terrorism Act. Office of Public Affairs. U.S. Department of Justice. Washington, D.C. October 26, 2001. (2) Support for Anti-Terrorism Act of 2001 (Letter to Attorney General John Ashcroft). International Association of Chiefs of Police. Alexandria, VA. October 2, 2001.
18. (back) For two views on how extensive the reach of the USA PATRIOT Act may be, see: (1) Philon, Roger. Two Kinds of Rights Current Issues. The Cato Institute. Washington, D.C. December 6, 2001 http://www.cato.org. (2) Chidi, George, Jr. 'Patriot Act' Aids Law Enforcement. Network World, November 5, 2001. http://www.nwfusion.com/news/2001/1105carrier.html.
25. (back) "Eurodollars" are not the same as the new European currency, the Euro. Eurodollars are those dollars which are outside of the United States and used in business transactions, usually in denominations of $100,000 to $1,000,000. The term comes from the 1940s, when large amounts of U.S. dollars were pumped into European economies as part of the Marshall Plan. These dollars were so attractive as a medium for conducting business that they became a part of the European, then global, process of conducting business. See: Ritter, Lawrence S., William L. Silber, and George F. Udell. Principles of Money, Banking and Financial Markets. (Ninth edition). Reading, MA, Addison-Wesley, 1997, pp. 116-117; 137-138; 220-221; 573.
27. (back) For a broader discussion of e-government concepts and issues, see CRS Report RL31057, A Primer on E-Government: Sectors, Stages, Opportunities, and Challenges of Online Governance, [author name scrubbed]; CRS Report RL30745, Electronic Government: A Conceptual Overview, by [author name scrubbed]; and CRS Report RL31088, Electronic Government: Major Proposals and Initiatives, by [author name scrubbed].
29. (back) Porteus, Liza. FBI Official Laments
Restrictions on Information Sharing. Government Executive Magazine, January 23, 2002.
31. (back) A PKI is a system of digital certificates, certificate authorities, and other registration authorities that verify and authenticate the validity of each party involved in an Internet transaction. Certificate and registration authorities can be managed either by third party organizations or through in-house personnel.
32. (back) Robinson, Brian. PKI: A Necessary Evil. Federal Computer Week. September 3, 2001. http://www.fcw.com/geb/articles/2001/sep/geb-tec2-09-01.asp.
40. (back) Legislation (H.R. 3482) is currently pending before Congress that would amend this section of the USA PATRIOT Act to lower the threshold of the circumstances under which ISPs may divulge the contents of communications, and to whom they may divulge the contents. For information on current legislative status on that or other Internet privacy legislation, see CRS Report RL31408.
47. (back) Swire, Peter. If Surveillance Expands, Safeguard Civil Liberties. Atlanta Journal-Constitution op-ed, October 21, 2001, p 2D. In its final form, the Act includes enhanced sanctions and other measures designed to reduce the risk of abuse, e.g., sections 223 (civil liability), 224 (sunset of some provisions), and 1001 (review of the Department of Justice).
51. (back) EFF Analysis of the Provisions of the
USA PATRIOT Act That Relate to Online Activities (Oct. 31, 2001).
http://www.eff.org/Privacy/Surveillance/Terrorism_militias/20011031_eff_usa_patriot_analysis.html. The law does define "contents" and "electronic communications" for interception purposes, 18 U.S. C. 2518 (8), (12), although not for pen register or trap and trace device purposes, 18 USC. 3127.
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