Objectives potential threats potential vulnerabilities potential legal exposure To determine how the USA Patriot Act affects to the university in respect to:
What is the USA Patriot Act? “ An act to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.” - 107th CONGRESS 1st Session H. R. 3162 IN THE SENATE OF THE UNITED STATES October 24, 2001
USA Patriot Act & Academia Expansion of biological weapons statute (Sec. 817) Enhanced surveillance procedures (Title II) Disclosure of educational records (Sec. 507)
Section 817 Impacts college and university research. The Patriot act addresses the criminal possession of biological weapons not justified by legitimate research or non-threatening purpose. Additionally, it prohibits possession by “restricted persons” as outline by the Act.
Title II Contains various provisions providing for additional law-enforcement surveillance authority with regard to the Internet and electronic communications.
Section 507 Modifies the Family Educational Rights and Privacy Act (FERPA) and authorizes federal officials to obtain a court order for release of student records by educational institutions to aid in investigations of terrorist activity.
Potential Threats & Vulnerabilities Unauthorized/restricted personnel handling biological agents Individuals/groups using the universities public electronic communication mediums for terrorism type activity Specific groups feeling singled out, difficult to gain exposure to immigrant or foreign-born scholars (an impact on research) Having to defend the free speech of university faculty
USA Patriot Act II? Presently, there may be a Patriot Act II in the making that would create even more restrictions. Some argue that the Patriot Act is a breach of 4 th Amendment rights and privacy issues as related to educational records.