I searched for updates to this article and can't find much.

http://www.smh.com.au/news/travel/kissing-pairs-terrorist-act/2006/11/16/1163266674347.html
mentions the Patriot Act.

http://www.dailybreeze.com/news/articles/4651071.html only references
charges for "interfering with a flight attendant, a crime that can
carry a 20-year prison sentence."

http://www.sttammany.com/news-detail/article/780/jockstrip-t-95.html
mentions the same charge and adds: "Flight attendants told FBI agents
they asked the couple to stop several times, and finally stopped
serving them alcohol.

The woman allegedly told one flight attendant: "You and I are gonna
have some serious confrontation when we get off this plane," while the
prosecution affidavit alleges the man called a flight attendant a
"punk" for refusing them bar service."

Finally I did find the "original" UPI story that reads the same as the
"Jockstrip" one -
http://www.upi.com/NewsTrack/view.php?StoryID=20061114-011058-7902r

It appears that the only news service stating that they were charged
under the Patriot Act is the Aussie service.

A little more digging brought about the original of the affidavit
http://news.findlaw.com/cnn/docs/crim/uspersing101106ind.html

*** FINALLY *** Got to the real stuff.  The affidavit has them charged
under "Title 49, United States Code, Section 46504"  This section was
MODIFIED by the Patriot Act.  The charges of "interfering with a
flight attendant" were already on the books.

Hatton

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