The PATRIOT Act – A closer look on Sec. 213 and Sec. 215

Abstract

this paper analyses Sec. 213 und Sec. 215 of the PATRIOT Act and the subsequent amendments of these sections. It examines the regulatory development before and after the introduction of the PATRIOT Act in 2001. The reauthorization acts in 2005 and 2006 will be taken into consideration as well.
This paper discusses further the legal prerequisites for the issuance of federal court orders based on Sec. 213 and Sec. 215 of the PATRIOT Act. This paper will solely discuss the federal legal development
Sec. 213 Patriot Act introduces the federal sneak and peak search warrants enabling secret searches of private premises. The person affected does not need to be notified prior to the search. In addition, the court order might enable the law enforcement officials to delay a notification after the search is completed. This section has been severely criticized for its lack of legal certainty, the all-encompassing and vague nature of the wording and the broad exception clauses.
Sec. 215 Patriot Act enables the FBI to demand a disclosure of tangible things held by third parties. Reasonable grounds must be shown that the tangible things are sought for an investigation of foreign intelligence or protection against international terrorism. However, the person to whom the tangible things pertain does not need to be connected to terrorism. The third parties are bound by a nondisclosure agreement. This section has been severely criticized for its lack of ensuring legal certainty and vague nature of wording.
Due to the complex nature of the PATRIOT Act and the complex nature of the discussed sections, the paper will only examine certain subparagraphs. A complete legal analysis of all subparagraphs is not possible due to space requirements. Neither will an in-depth analysis of different court judgments be provided.