Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization: R40980.

Congress enacted the USA PATRIOT Act soon after the 9/11 terrorist attacks. The most controversial sections of the Act facilitate the federal government's collection of more information, from a greater number of sources, than had previously been authorized in criminal or foreign intelligence investigations. The Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act (ECPA), and the national security letter (NSL) statutes were all bolstered. With the changes came greater access to records showing an individual's spending and communication patterns as well as increased authority to intercept e-mail and telephone conversations and to search homes and businesses. In some cases, evidentiary standards required to obtain court approval for the collection of information were lowered. Other approaches included expanding the scope of information subject to search, adding flexibility to the methods by which information could be collected, and broadening the purposes for which information may be sought. Some perceived the changes as necessary to unearth terrorist cells and update investigative authorities to respond to the new technologies and characteristics of ever-shifting threats. Others argued that authorities granted by the USA PATRIOT Act and subsequent measures could unnecessarily undermine constitutional rights over time. In response to such concerns, sunset provisions were established for many of the changes. Subsequent measures made most of the USA PATRIOT Act changes permanent. However, three authorities affecting the collection of foreign intelligence information are set to expire on December 31, 2009: the lone wolf, roving wiretap, and business record sections of FISA. The impending expiration date has prompted legislative proposals which revisit changes made by the USA PATRIOT Act and related measures. Examples of relevant bills include the USA PATRIOT Act Sunset Extension Act of 2009 (S. 1692) and the USA PATRIOT Amendments Act of 2009 (H.R. 3845), which were reported or ordered to be reported from their respective judiciary committees, as well as a number of additional bills, including S. 1686, S. 1725, S. 1726, S. 2336, H.R. 1800, H.R. 3846, H.R. 3969, and H.R. 4005. In addition to the expiring provisions, pending bills address a range of issues, including national security letters, minimization requirements, nondisclosure requirements (gag orders), interception of international communications, and retroactive repeal of communication provider immunity for Terrorist Surveillance Program (TSP) assistance. This report surveys the legal environment in which the legislative proposals arise. [ABSTRACT FROM AUTHOR]