Know Your Rights Quick Take: Did The Patriot Act Really Expire?

ANAHEIM - This weekend, far from Southern California across the country, a political drama in Washington, D.C., played out resulting in a portion of the USA PATRIOT Act (The Patriot Act) to expire.


Seal of the United States Department of Homeland Security. Public domain.

Wait! I Thought The Whole Patriot Act Expired at 9 p.m. Southern California Time?

Despite some misconception in the media, and raving rants of certain lawmakers who never let a microphone and camera in their face go to waste, there was an impression that the entire The Patriot Act itself was going to expire. That was not the case.

So, What Really Did Expire?

What really expired, and what most of the debate was about, was Section 215, and, again, The Patriot Act as a whole did not expire.

What Does This Mean For You And Your Rights?

Well, as it stands now The Patriot Act itself, which is mostly permanent at this point, will still allow the government to get any information about anyone it wants for any reason, without a warrant, using National Security Letters (N.S.L.).

What Is The National Security Letters?

The N.S.L. is an administrative subpoena issued by the Federal Bureau of Investigation (F.B.I.) in authorized national security investigations "to protect against international terrorism or clandestine intelligence activities," according to the F.B.I.

The N.S.L. program goes back to 1978, but Section 505 of the Patriot Act, which has not expired, allows the use of the N.S.L.s when seeking information "relevant" in authorized national security investigations. This portion of the act also provides the Department of Defense (The Military) the ability to issue N.S.L.'s when their use is necessary to conduct a law enforcement investigation, counterintelligence inquiry, or security determination.

What's The Big Deal About The N.S.L. Program

When it concerns The Patriot Act the N.S.L. powers under 18 U.S.C. § 2709 were expanded. This portion of The Patriot Act allows N.S.L.'s served on communications providers, like telephone and Internet companies, which allow the F.B.I. to secretly demand data about ordinary American citizens' private communications and Internet activity without any meaningful oversight or prior judicial review.

What If My Communications Business Receives a N.S.L.?

Do not talk about it with your customers, because you can get into a lot of trouble. Why? As the law is written recipients of N.S.L.'s are subject to a gag order forbidding them from revealing the N.S.L.'s existence not only to customers, but to their coworkers, to their friends, or even to their family members.

Bottom Line...

Even with Section 215 expired the numerous alphabet soup government security agencies still have massive surveillance legalities and tools, like the N.S.L., to use against its citizens, suspected terrorists and known terrorists.

Our legal disclaimer: Information here about The Patriot Act and N.S.L. is for general information purposes only and should not be taken as any kind of formal legal advice for any individual case or situation. If you find yourself in some legal trouble, or your business is served with a N.S.L., contact an attorney for further help. 

A Brief Understanding of the Unrest in the Ukraine

ANAHEIM - This is a story that is well outside Southern California, but it has been mostly under the radar in most U.S. and local media. However, we feel it is best to bring you a little bit understanding of what is happening in the Ukraine and why it is important.

Now presented here is not a definitive view of the conflict in Kiev by any means, but rather we hope this is a jumping off point for you to further explore and understand the unrest in the Ukraine.

There has been plenty reported about protesters and rioters taking over government buildings and allegedly torturing police officers, but the question is why?

This all began with a protest being called Euromaidan in November 2013 with very large public protests and civil unrest demanding closer European integration, especially with the European Union. The protesters have called for the resignation of President Viktor Yanukovych and accused his government of corruption, abuse of power, and violating human rights.

This may be seen as a battle between the pro-Russian government, whom the current president, Yanukovych has long been a Russian sympathizer, and the protesters, who want closer ties to the West and European Union. Many protesters are quite upset as they believe a Russian supported government is standing in the way of having Western style democracy in their country.

Many scholars and observers are debating if what is underway right now is a large scale protest and civil unrest, or if this is a revolution. 

  In the middle of this whole unrest in the Ukraine is in fact Russia itself.

Ukraine is very important to the Russians as, aside from it being apart of one of the fifteen constituent republics of the Soviet Union from its inception in 1922 until 1991, Ukraine has a very important natural gas line, and Russia likes having buffer space between them and their perceived enemies. 

Much of the Ukraine government is backed and supported by Russia, and over the years Russia has also lent the Ukraine billions of dollars in loans. In a lot of ways Russia views the Ukraine as "their country," and with calls of protesters to join the West and EU it is making Moscow nervous. In a way it is not a stretch of the imagination to say Moscow fears losing an old Soviet country to the West. 

Russia's ties to the Ukraine go well beyond current geo-politics as Russia-Ukraine ties go back to the Ninth Century during the Kievan Rus era and Rurik Dynasty. Under this historic context it one may understand why Russia has historically considered the Ukraine to be "their country," and why it has historically been subjugated in one form or another by the Russians. 

As of this time it remains to be seen what the end result in the Ukraine will be.

In Case You Missed It: Anaheim City Council District Vote and The Irony

ANAHEIM - Amid the protests and riots in 2012 came a lawsuit that alleged Anaheim’s current at-large election system discriminates against Latinos. A settlement soon came requiring a citywide vote on the council districts system on the November ballot, along with the option of expanding the City Council from five members to seven.

Yet nothing is ever as easy as it seems and, in case you missed it, as Adam Elmahrek of Voice of OC reports, "The election that will decide whether the council districts system becomes a reality will be held under the current at large system, which the activists say is tilted against the Latino community."