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In the wake of the September 11 terrorist attacks on the World Trade Center and the Pentagon,' Congress enacted the USA Patriot Act of 2001.2 To achieve the Act's stated objective of making it easier for federal agents to identify and investigate possible terrorist threats,3 Congress modified preexisting surveillance law, which, among other things, established the conditions under which the government could electronically monitor various types of ongoing communications4 within the United States in nonemergency situations.

The Patriot Act's Impact on the Government's Ability to Conduct Electronic Surveillance of Ongoing Domestic Communications