Internet and the USA PATRIOT Act: Potential Implications for Electronic Privacy, Security, Commerce, and Government

Publication Date: March 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Media, telecommunications, and information

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Abstract:

The September 11, 2001 terrorist attacks prompted congressional action on many fronts, including passage of the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, P.L. 107-56. The Act is broadly scoped, and some of its provisions may affect Internet usage, computer security, and critical infrastructure protection.

In the area of computer security, the Act creates a definition of "computer trespasser" and makes such activities a terrorist act in certain circumstances. The Act enables law enforcement officials to intercept the communications of computer trespassers and improves their ability to track computer trespasser activities. It also codifies some elements of U.S. critical infrastructure policy articulated by both the Clinton and George W. Bush Administrations to ensure that any disruptions to the nation's critical infrastructures are minimally detrimental.

Although the Act does not explicitly address electronic commerce (e-commerce), many of the law's provisions may impact it. In particular, Title III responds to concerns that more can be done to prevent, detect, and prosecute international money laundering and the financing of terrorism. Over time, these provisions may affect ecommerce broadly, and electronic fund transfers specifically.

Electronic government (e-government) could be affected by the Act in both positive and negative ways. The intense focus on improving data collection and information sharing practices and systems may contribute to the establishment of government-wide technical standards and best practices that could facilitate the implementation of new and existing e-government initiatives. It could also promote the utilization of secure Web portals to help ensure the data integrity of transactions between the government and citizens and business. However, concern about potential abuses of data collection provisions could dampen citizen enthusiasm for carrying out electronic transactions with the government.

The Act provides law enforcement officials with greater authority to monitor Internet activity such as electronic mail (e-mail) and Web site visits. While law enforcement officials laud their new authorities as enabling them to better track terrorist and other criminal activity, privacy rights advocates worry that, in an attempt to track down and punish the terrorists who threaten American democracy, one of the fundamental tenets of that democracy--privacy--may itself be threatened.

Because of the controversial aspects of some provisions in the Act, particularly regarding privacy, Congress and other groups are expected to monitor closely how the Act is implemented.