The approved bill represents a compromise after the two Houses
passed differing anti-terrorism Acts earlier this month and
contains “sunset” provision which requires a review of the
legislation in four years’ time. The original Senate version of the
bill, in opposition to the House version, contained no sunset
provision. The final version also includes an amendment added by
the House majority leader Richard Armey which requires an audit
trail when a device such as Carnivore is used under so-called “pen
register/ trap and trace authority”, adding a degree of judicial
supervision to the FBI’s controversial system.
The bill has been criticised by civil rights groups which argue
that it erodes civil liberties. The Executive Director of the US
Centre for Democracy and Technology said, “this may prove to be one
of the biggest mistakes our Congress has made,” adding that the
legislation comprises an unprecedented expansion of surveillance
powers.
The legislation enhances federal wire-trapping and electronic
surveillance authority and lowers the evidentiary standards that
investigators must meet when seeking internet based, or other
information in connection with a terrorist investigation. It is the
extension of these powers that has received the most attention from
Congress and public alike.
Under previous laws, law enforcement officials were required to
present a judge with a “probable cause” of the existence of a crime
if they wanted to, for instance, track the e-mail of an individual.
Now they would only have to prove to the judge that the probe is
“relative” to a criminal investigation. Although the bill still
requires the issue of a “wiretap” in order for such investigations
to proceed, civil liberties protesters say that the ability to read
an e-mail address, subject line and URL effects to full disclosure
of the e-mail itself.
