[JD86]

uummmm, not that I am doubting you, but I thought it was a 3yr with a possible one time extension...for a max of 5 years....No?

[Protect the Bill of Rights]

It comes as a surprise to most people that not all of the changes sunset. For the record, I am not against the objectives of this bill nor am I against some of the changes made. What has always been my concern is :

a. No one really knows what is in the bill; lack of specificity

b. it is ripe for exploitation and manipulation by less than honorable gov't officials. It can and will be used against innocent citizens. From :

EFF Analysis of Bill

IV. Sunset Provisions

USAPA sec. 224. Several of the surveillance portions of the USAPA will expire on December 31, 2005.

The EFF is pleased that at least some of the more severe changes in the surveillance of U.S. persons contained in the USAPA will expire on December 31, 2005 unless renewed by Congress. We are concerned, however, that there is no way for Congress to review how several of these key provisions have been implemented, since there is no reporting requirement to Congress about them and no requirements of reporting even to a judge about several others. Without the necessary information about how these broad new powers have been used, Congress will be unable to evaluate whether they have been needed and how they have been used in order to make an informed decision about whether and how they should continue or whether they should be allowed to expire without renewal.

A. The provisions that expire include:

• Sec. 201. Authority To Intercept Wire, Oral, And Electronic Communications Relating To Terrorism.
• Sec. 202. Authority To Intercept Wire, Oral, And Electronic Communications Relating To Computer Fraud And Abuse Offenses.
• Sec. 203(b), (d). Authority To Share Criminal Investigative Information.
• Sec. 206. Roving Surveillance Authority Under The Foreign Intelligence Surveillance Act Of 1978.
• Sec. 207. Duration Of FISA Surveillance Of Non-United States Persons Who Are Agents Of A Foreign Power.
• Sec. 209. Seizure Of Voice-Mail Messages Pursuant To Warrants.
• Sec. 212. Emergency Disclosure Of Electronic Communications To Protect Life And Limb.
• Sec. 214. Pen Register And Trap And Trace Authority Under Fisa.
• Sec. 215. Access To Records And Other Items Under The Foreign Intelligence Surveillance Act.
• Sec. 217. Interception Of Computer Trespasser Communications.
• Sec. 218. Foreign Intelligence Information.
• Sec. 220. Nationwide Service Of Search Warrants For Electronic Evidence.
• Sec. 223. Civil Liability For Certain Unauthorized Disclosures.

B. The following provision do not expire:

• Sec. 203(a),(c): Grand jury sharing of info
• Sec. 208. Designation Of Judges: increases number of FISA judges
• Sec. 210: ECPA Scope of Subpoenas for records of electronic communications--clearly allowing e-mails routing information :
• Sec. 211: ECPA Clarification of scope: privacy provisions of Cable Act overridden for communication services offered by cable providers (but not for records relating to cable viewing)
• Sec. 213: Sneak & Peek: delay notification of execution of a warrant
• Sec. 216: Modification of pen/trap authorities: (in original PATRIOT, would have sunsetted)
• Sec. 219: Single jurisdiction search warrants for terrorism
• Sec. 222 Assistance to law enforcement
  Sec. 225. Immunity For Compliance With Fisa Wiretap. Can continue all investigations active at the time of expiration.