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Which businesses could be required to provide tangible items under Section 215?
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USA PATRIOT Act
Pres. George W. Bush signing the USA PATRIOT Act in the East Room of the White House, Washington, D.C., October 26, 2001.
Under Section 215 of the USA PATRIOT Act, the government was granted the authority to demand "any tangible things" from any third party. This provision replaced previous limitations, allowing the Federal Bureau of Investigation to require businesses and other entities to produce a wide range of items, including:
- Books
- Records
- Papers
- Documents
- Other items1
This authority applied broadly to any third party, meaning virtually any business or organization holding such records could be compelled to provide them under a Foreign Intelligence Surveillance Court order. The section also included a gag order that generally prohibited these third parties from disclosing that the FBI had sought or obtained the requested materials.1