USA PATRIOT Act, Title VIII - Definitions

Definitions

Title VIII defines or redefines a number of terms. The terms "domestic terrorism" is already defined under 18 U.S.C. § 2331 and this was amended by section 802 of the Patriot Act to include mass destruction as well as assassination or kidnapping as a terrorist activity. The definition encompasses activities that are "dangerous to human life that are a violation of the criminal laws of the United States or of any State" and are intended to "intimidate or coerce a civilian population", "influence the policy of a government by intimidation or coercion" or are undertaken "to affect the conduct of a government by mass destruction, assassination, or kidnapping" while in the jurisdiction of the United States.

When investigating international terrorism, the Attorney General can investigate:

• the willful production of defective national-defense material, national-defense premises, or national-defense utilities,
• the destruction or interference of a submarine mine, torpedo, fortification or harbor-defense system, or violates any Presidential Executive Order governing persons or vessels within the limits of defensive sea areas,18 U.S.C. § 2152
• an assault on the President of the United States, the President-elect, the Vice President or the next in line,
• an assault on a United States Member of Congress or a Member-of-Congress-elect,
• the destruction of an energy facility,
• a raid or predatory attack of any U.S. property
• the conspiracy to damage or destroy specific property situated within a foreign country belonging to a foreign government with which the U.S. is at peace
• the destruction of any building, vehicle, or other personal or real property that is leased or owned by the U.S. government through the use of fire or an explosive,
• threats made to kill or injure another person

A further amendment made the following activities part of the definition of "International terrorism":

• the destruction of aircraft or aircraft facilities
• violence at international airports
• arson within special maritime and territorial jurisdictions
• use of biological weapons
• use of the variola virus
• use of chemical weapons
• the kidnapping or assassination of congressional, cabinet, and Supreme Court members
• the use of nuclear materials in a terrorist act
• participation in nuclear and weapons of mass destruction threats to the U.S.
• the use of plastic explosives
• the arson and bombing of Government property risking or causing death
• the arson and bombing of property used in interstate commerce
• the killing or attempted killing during an attack on a Federal facility with a dangerous weapon
• the conspiracy to murder, kidnap, or maim persons abroad
• unauthorised access to protected computers
• the killing or attempted killing of officers and employees of the U.S.,
• the murder or manslaughter of foreign officials, official guests, or internationally protected persons
• hostage taking
• the depredation of government property or contracts
• the destruction of communication lines, stations, or systems
• injury to buildings or property within special maritime and territorial jurisdiction of the U.S.
• the destruction of an energy facility
• Presidential and Presidential staff assassination and kidnaping
• the wrecking of trains
• terrorist attacks and other acts of violence against mass transportation systems
• the destruction of national defense materials, premises, or utilities
• offenses relating to national defense material, premises, or utilities
• violence against maritime navigation
• violence against maritime fixed platforms
• homicides and other violence against U.S. nationals outside of the U.S.
• the use of weapons of mass destruction
• acts of terrorism transcending national boundaries,
• the bombing of public places and facilities
• the use of anti-aircraft missile systems
• the use of radiological dispersal devices
• harboring terrorists
• providing material support to terrorists
• providing material support to terrorist organizations
• the financing of terrorism, or
• torture
• the sabotage of nuclear facilities or fuel
• airline piracy, assault on a flight crew with a dangerous weapon, endangering human life by using explosive or incendiary devices on aircraft, homicide or attempted homicide on an aircraft
• destruction of interstate gas or hazardous liquid pipeline facility.

Section 813 included acts of terrorism as racketeering activity.

Section 804 amends 18 U.S.C. § 7: Special maritime and territorial jurisdiction of the United States defined. 18 U.S.C. § 7 is a list of things or places that fall within the "special maritime and territorial jurisdiction of the United States" within the usage of Title 18, the title of the U.S.C. that deals with crime. It is amended so that when a crime is committed by or against an U.S. national, "the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States" are considered to be part of the aforesaid jurisdiction. This includes "residences in foreign States...irrespective of ownership, used for purposes of those missions or entities or used by United States personnel...." It ends by adding a clause saying that this paragraph does not trump any international agreement that it comes into conflict with, and that it does not apply to members of the Armed forces who commit an offense outside the U.S. that would have resulted in a year or longer imprisonment had it been committed within the U.S.

Under section 814, a number of terms relating to cyberterrorism were redefined. A "protected computer" was expanded to include a "computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States", "damage" means any impairment to the integrity or availability of data, a program, a system, or information, "conviction" now includes a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, where the crime involved the unauthorized access of a protected computer, "loss" means "any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service", and "person" means "any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity."