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