About: Dismantling "the Wall" Between Intelligence and Criminal Investigations   Sponge Permalink

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Historically, there have been differences between electronic surveillance (wiretaps) conducted for intelligence and for law enforcement purposes. Among these is the protection of the constitutional rights of persons under criminal investigation. A former government official describes the differences: Section 218 of the USA PATRIOT Act amended FISA to replace the phrase "the purpose" with the phrase "a significant purpose." According to Senator Dianne Feinstein, these changes were necessary to make it

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  • Dismantling "the Wall" Between Intelligence and Criminal Investigations
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  • Historically, there have been differences between electronic surveillance (wiretaps) conducted for intelligence and for law enforcement purposes. Among these is the protection of the constitutional rights of persons under criminal investigation. A former government official describes the differences: Section 218 of the USA PATRIOT Act amended FISA to replace the phrase "the purpose" with the phrase "a significant purpose." According to Senator Dianne Feinstein, these changes were necessary to make it
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  • Historically, there have been differences between electronic surveillance (wiretaps) conducted for intelligence and for law enforcement purposes. Among these is the protection of the constitutional rights of persons under criminal investigation. A former government official describes the differences: FISA regulates intelligence collection directed at foreign powers and agents of foreign powers in the United States to include those engaged in international terrorism. FISA required the government to certify that "the purpose" of surveillance was to gather foreign intelligence information. Prior to the USA PATRIOT Act, the U.S. Department of Justice turned the "primary purpose" standard into written policy that had the effect of limiting the coordination between intelligence and criminal investigators. This came to be known as "the Wall" between intelligence and law enforcement and the "unfortunate consequences" of this barrier to information sharing were noted by the 9/11 Commission in its report on the 9/11 attacks. Section 218 of the USA PATRIOT Act amended FISA to replace the phrase "the purpose" with the phrase "a significant purpose." According to Senator Dianne Feinstein, these changes were necessary to make it As one legal scholar described it, by moving the FISA requirement from the purpose to a significant purpose, the USA PATRIOT Act "knocked out the foundation for 'the Wall.'" This removed impediments to the exchange of information about terrorism or other national security threats between intelligence and law enforcement personnel. Other provisions of the USA PATRIOT Act also sought to increase intelligence information sharing. Section 504 amended FISA by adding provisions allowing federal officers who conduct electronic surveillance to acquire foreign intelligence information to consult with federal law enforcement officers to coordinate efforts to investigate or protect against (among other issues) sabotage or international terrorism by a foreign power or an agent of a foreign power. And Section 203 amended the Federal Rules of Criminal Procedure to allow disclosure of grand jury information in certain circumstances, including if that information is related to sabotage or international terrorism by a foreign power or an agent of a foreign power.
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