	Introduction

The September 11, 2001 terrorist attacks prompted congressional action on many fronts,including passage of the Uniting and Strengthening America by Providing Appropriate ToolsRequired to Intercept and Obstruct Terrorism (USA PATRIOT) Act. The Act is broadlyscoped, (1) and some of itsprovisions may affect use of the Internet, computer security, and critical infrastructure protection. The President signed it into law on October 26 ( P.L. 107-56 ). The implementation of the Act will be carefully scrutinized. Section 1016 puts into statute elements of the critical infrastructure policy thathave been articulated by both the Clinton and the Bush Administrations. to facilitate thetracking of computer trespassers. Provisions of the USA PATRIOT Act Affecting Electronic Commerce

The USA PATRIOT Act does not address e-commerce directly; (13) however Title III of theAct, International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001,addresses concerns of policymakers that, in the wake of the September 11 terrorist attacks, more canbe done to prevent, detect, and prosecute international money laundering and the financing ofterrorism. Over time, Title III of the USA PATRIOT Act mayaffect e-commerce broadly, and electronic transfers specifically. Some of these initiatives may contribute to thegrowing effort to implement e-government projects by both Congress and the Bush Administrationthrough enhanced data sharing and greater confidence in the security and reliability of the networks. Proponents of a government-wide PKI system maintain that if these issuescan be adequately addressed, the creation of a single government-wide PKI system could promotethe utilization of secure Web portals to ensure the data integrity of transactions between thegovernment and citizens and business. It also allows for the issuanceof nationwide search warrants to facilitate the tracking of computer trespassers. Concerns aboutpotential misuse of these data collection provisions could dampen citizen enthusiasm for carryingout electronic transactions with the government. Groups such as the American Civil Liberties Union(ACLU), Center for Democracy and Technology (CDT), Electronic Privacy Information Center(EPIC), and Electronic Frontier Foundation (EFF) urge caution, fearful that, in an attempt to trackdown and punish the terrorists who threaten American democracy, one of the fundamental tenets ofthat democracy--privacy--may itself be threatened. EarthLink executive David Baker called it a "silver lining in what manyotherwise describe as a cloud...." (52) 
Like the ACLU, most of the privacy advocate groups assert that they will closely monitorhow law enforcement officials implement the Act and try to ensure that the law is not misused.Congress may conduct oversight of the Act's implementation, both from the standpoint of the valueof providing law enforcement officials with these additional tools to combat crime and terrorism,and in terms of any detrimental consequences that could arise.
The September 11, 2001 terrorist attacks prompted congressional action on many fronts,including passage of the Uniting and Strengthening America by Providing Appropriate ToolsRequired to Intercept and Obstruct Terrorism (USA PATRIOT) Act, P.L. 107-56 . The Act isbroadly scoped, and some of its provisions may affect Internet usage, computer security, and criticalinfrastructure protection.
In the area of computer security, the Act creates a definition of "computer trespasser" andmakes such activities a terrorist act in certain circumstances. The Act enables law enforcementofficials to intercept the communications of computer trespassers and improves their ability to trackcomputer trespasser activities. It also codifies some elements of U.S. critical infrastructure policyarticulated by both the Clinton and George W. Bush Administrations to ensure that any disruptionsto the nation's critical infrastructures are minimally detrimental.
Although the Act does not explicitly address electronic commerce (e-commerce), many ofthe law's provisions may impact it. In particular, Title III responds to concerns that more can be doneto prevent, detect, and prosecute international money laundering and the financing of terrorism. Over time, these provisions may affect e-commerce broadly, and electronic fund transfersspecifically.
Electronic government (e-government) could be affected by the Act in both positive andnegative ways. The intense focus on improving data collection and information sharing practicesand systems may contribute to the establishment of government-wide technical standards and bestpractices that could facilitate the implementation of new and existing e-government initiatives. Itcould also promote the utilization of secure Web portals to help ensure the data integrity oftransactions between the government and citizens and business. However, concern about potentialabuses of data collection provisions could dampen citizen enthusiasm for carrying out electronictransactions with the government.
The Act provides law enforcement officials with greater authority to monitor Internet activitysuch as electronic mail (e-mail) and Web site visits. While law enforcement officials laud their newauthorities as enabling them to better track terrorist and other criminal activity, privacy rightsadvocates worry that, in an attempt to track down and punish the terrorists who threaten Americandemocracy, one of the fundamental tenets of that democracy--privacy--may itself be threatened.
Because of the controversial aspects of some provisions in the Act, particularly regardingprivacy, Congress and other groups are expected to monitor closely how the Act is implemented.