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JUSTICE Act (S. 1686)

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The JUSTICE Act (S. 1686; Judicious Use of Surveillance Tools In Counterterrorism Efforts Act) was a proposed bill designed to amend the FISA Amendments Act and Patriot Act[1] by reducing surveillance powers and strengthening protections of civil liberty.[2] It was written by Russ Feingold and introduced in the United States Congress on September 17, 2009, but did not receive a vote.[3][4]

Background

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With the sunset provisions of the Patriot Act expiring on December 31, 2009, the JUSTICE Act attempted to amend sections 206 and 215 before the reauthorization of them.[5][6]

Overview

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Proposed amendments

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  • protecting the privacy of records by amending national security letter authority so records can only be accessed they have relations to a terror suspect or spy.[1][6]
  • protecting First Amendment rights by requiring the government to show national security would be jeopardized if the recipient of a gag order that comes with national security letters or Patriot Act section 215 orders is not gagged.[1]
  • protecting the privacy of homes and businesses by requiring searches to give prior notice in non-urgent circumstances.[1]
  • amending the material support statute by only prosecuting people who knowingly or intentionally gave items of value to support terrorist acts.[1]

Amendments to Section 215 of the Patriot Act

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  • requiring the government to show records are related to a terrorist or spy before obtaining a secret warrant.[1]

Amendments to Section 206 of the Patriot Act

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  • protecting the privacy of communications by requiring wiretaps to name the person or place that is being wiretapped.[1]

Amendments to the FISA Amendments Act

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  • protecting the privacy of communications by requiring collections of phone calls and emails to be targeted and only viewed when there is a reason to suspect someone is related to terrorism.[1]
  • reversing legal immunity for telecommunications companies assisting with warrant-less wiretapping.[5]

See also

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References

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  1. ^ a b c d e f g h "A Breakdown of the JUSTICE Act". American Civil Liberties Union. Retrieved 2023-05-19.
  2. ^ "Controversial Patriot Act Reauthorization Ready for Senate Floor | Center for Effective Government". www.foreffectivegov.org. Retrieved 2023-05-19.
  3. ^ "Judicious Use of Surveillance Tools In Counterterrorism Efforts Act of 2009 (2009 - S. 1686)". GovTrack.us. Retrieved 2023-05-17.
  4. ^ Kaminer, Wendy (September 18, 2009). "The Justice Act". The Atlantic.
  5. ^ a b Bankston, Kevin (2009-09-17). "EFF Supports JUSTICE Bill to Reform the USA PATRIOT Act and Repeal Telecom Immunity". Electronic Frontier Foundation (in Turkish). Retrieved 2023-05-19.
  6. ^ a b "Another Chance to Change the Patriot Act". the American Booksellers Association. 2009-09-24. Retrieved 2023-05-19.