Serial No. 109-16: Implementation of the USA PATRIOT Act: Section 218 - Foreign Intelligence Information ('The Wall'): Hearing before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, April 28, 2005 [open pdf - 10MB]
From the opening statement of Steve Chabot: "This is this Committee's second hearing today on the USA PATRIOT Act. This hearing focuses on section 218 and its effect on 'The Wall' that prevented our law enforcement agencies and intelligence community from communicating. The Foreign Intelligence Surveillance Act limited surveillance and physical search orders to instances where authorities certified that 'the purpose' of the order was for foreign intelligence gathering. Subsequent case law and agency guidance interpreted the 'purpose' requirement to mean that foreign intelligence gathering had to be the primary purpose. As a result, law enforcement and the intelligence community came to believe that sharing information or coordinating efforts would preclude the ability to obtain court approval for appropriate surveillance. The effect of this interpretation was that the metaphorical 'wall' was built; which prevented vital communications, that some argue contributed to the failure of Government officials to share vital information that could possibly have prevented the 9/11 attacks. The witnesses this afternoon will examine the effects of section 218 on the Foreign Intelligence Surveillance Act and 'The Wall.'" Statements, letters, and materials submitted for the record include those of the following: Steve Chabot, Robert C. Scott, Patrick J. Fitzgerald, David S. Kris, Kate Martin, Peter Swire, and William E. Moschella.
Serial No. 109-16
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