- Purpose
- Uniting and strengthening America by providing appropriate tools required to intercept and obstruct Terrorism Act of 2001. Became law Oct 26, 2001
- Areas of Imapct for University
- Immigration (Also see SEVIS)
- International Students
- Student Education Records
- Business Records
- Biological Agents/Toxins
- Internet Surveillance
- International Students
- Full implementation of 1996 law that permits Federal agencies to collect information from colleges and universities on all non-immigrant foreign students.
- Can collect student’s name, address, enrollment status, visa class, and discipline arising from a criminal conviction.
- FERPA does not apply to this information
- State Department can deny visas for students from Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria whom wish to study in any one of 16 technology-related fields.
- Student Education Records
- FERPA amended to allow Federal officers and employees to obtain court orders for education records relevant to an investigation/prosecution and to retain, use and disseminate the records.
- No liability for an institution that produces records in good faith in accordance with such an order.
- Can be required not to keep a record of disclosure.
- Business Records
- FBI can obtain court order requiring production of any tangible things, including books, records, papers, documents and other items for an investigation to protect against international terrorism.
- Investigation cannot be based solely on activities protected by the First Amendment.
- Can prohibit any person from disclosing (other than to persons necessary to produce the records) that the FBI sought or obtained the records or other items.
- No liability for an institution for production of the records or other items in good faith.
- Biological Agents
- Prohibits any person from knowingly possessing any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona-fide research, or other peaceful purpose.
- Prohibits restricted persons from transporting or possessing in commerce any biological agent or toxin listed as a select agent.
- Select agents include many varieties of viruses, bacteria, fungi, toxins, and rickettsias.
- Restricted persons are defined as:
- Aliens from Sudan, Syria, Iran, Iraq, North Korea, Libya, or Cuba
- Persons under indictment from a crime punishable by more than 1 year in prison
- Persons convicted of a crime punishable by more than 1 year in prison
- A fugitive from justice
- Unlawful users of any controlled substance
- Aliens illegally or unlawfully in the USA
- Persons whom have been adjudicated as a mental defective or have been committed to any mental institution
- Persons whom have been discharged from the armed services under dishonorable conditions.
- Requires background checks of persons working with select agents.
- Requires an institution ensure that quantities of biological agents, toxins, and delivery systems are reasonably justified.
- Internet Surveillance
- Expands the scope and reach of court orders
- Trap and Trace
- Pen registers to obtain Internet Addresses
- Carnivore to track Internet usage.
- Person acting under color of law can intercept communications of a computer trespasser to, through, or from a protected computer without a warrant if:
- Owner authorizes interception
- Person acting under color of law is lawfully engaged in an investigation
- There are reasonable grounds to believed that the contents of the computer trespasser’s communications will be relevant to the investigation, and
- Such interception does not acquire communications other than those to or from the computer trespasser.
- A computer trespasser is a person whom accesses a protected computer without authorization and thus has no reasonable expectation of privacy, and whom does not have an existing contractual relationship with the owner of the computer for access.
- Internet Service Providers may voluntarily disclose contents of an electronic communication or information about a customer or subscriber if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury requires disclosure without delay.
- The government can seek stored voice mail with a warrant, but without a wiretap order.
- New categories of information have been added to the customer information that ISPs must disclose in response to an administrative subpoena.
- Expands the scope and reach of court orders
- Library (Patron) Records
- Patron records may be obtained through grand jury subpoena, search warrant, or court order.
- URLs and email headers visited through the use of a library computer may be monitored.
- Other
- A court may issue an oder that is valid anywhere in the United States.
Disclaimer: The information and materials contained in this Web site are presented for informational and educational purposes only and do not constitute legal advice.