The USA Patriot Act
Professor Jonathan Epstein HIS 352
Here are two article abstracts that I used to assist me in writing my paper regarding our USA Patriot act that we know have implemented throughout our nation today. My purpose is to show how, we the American people are affected by this bill. Through out my paper I will also provide the function of the Patriot Act throughout legislation as well as citizens. Along with providing historical background as to how the patriot act came about.
According to the Article “Big Brother At The Door: Balancing National Security with Privacy under The U.S.A Patriot Act.” Written by Patricia Mell, Published by Denver University Law Review. 2002, Vol. 80 Issue 2, p375-427. 53p. United States Constitution
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This article specifically explains the legal constraints that go hand in hand with information sharing while being monitored through the Patriot act. Showing how the Patriot Act itself monitors specific agencies with respect to national security. Its main subject areas deal with information sharing amongst U.S. citizens through cyber space such as internet, social networks, emails etc… But most importantly this article is a reflection of the United states government’s precautionary measures taking by our U.S. Government in order to up hold not only the safety of our citizens but our national security as …show more content…
The purpose of roving wiretaps is to maintain the monitoring of a target no matter what. For example “if a target attempts to defeat surveillance by throwing away a phone and acquiring a new one, by moving, or by any other methods, another surveillance order would usually need to be applied for. However, a "roving" wiretap follows the target, and defeats the target's attempts at breaking the surveillance by changing location or their communications technology[footnoteRef:14]”. In which I must say I do agree with roving wiretaps only for targets that actually do pose a threat to society. I actually feel it is also a more sufficient form or security and swift when used properly. But in order for this to be legally administered title 3 of the Patriot Act had to be amended. The amendments made were to the Omnibus Crime Control and safe Streets Act of 1968 (the "Wiretap Statute") in 1988 by Electronic Communication Privacy act. [14:
If you violate a local law--we will hope that you will, and work to make sure that you are put in jail and be kept in custody as long as possible." According to Anne Kandra, whether a person is in favor or against the USA Patriot Act, it is important to know how this Act will affect our life online. The act allows investigators to use more powerful tools to monitor phone calls, e-mail messages, and web surfing. People now have less guarantee of privacy on the Internet. The federal investigators will now look through everyone's e-mail, text chat, or search inquiry. The surveillance will focus on people who authorities have a solid basis of suspicion. They will have to establish probable that a targeted person has been involved in a crime. The judges will then approve all reasonable requests related to criminal investigations. This Act also allows federal investigators to wiretap suspect's phones. Before, federal investigators had to have probable cause and had to specify specific lines to monitor. Now, they are able to wiretap without probable cause. They can monitor everything on a line whether the suspect is using it or not.
The Patriot Act, an act passed by Congress in 2001 that addressed the topic of privacy in terrorist or radical situations, is controversial in today's society. Although it helps with protection against terroristic events, The Patriot Act is not fair, nor is it constitutional, because it allows the government to intrude on citizens' privacy, it gives governmental individuals too much power, and because the act is invasive to the 4th amendment right. To further describe key points in the act, it states that it allows investigators to use the tools that were already available to investigate organized crime and drug trafficking, and it allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.
After the terrorist attacks on the World Trade Center on September 11th, 2001 the United States became a very different place. This drastic change was caused by the initial emotional reactions that American citizens, as well as government leaders had towards the tragic event. The government, in an effort to assure that these events never happen again passed the USA PATRIOT Act, which is an acronym that stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. The major goal of this act is to combat terrorism by giving the government more leeway in what areas they are allowed to use their surveillance tools and also to what circumstances these tools can be used. The major issue that arise with this act are the fact that many of the act can be seen as unconstitutional.
With good intentions, the Patriot Act allows the government to pry into Americans' lives through computer and phone records as well as credit and banking history (Source 5). This oversteps the U.S. Constitution as the First and Fourth Amendment were created to give citizens freedom and the right to deny search and seizure
The Patriot Act came into existence upon signing into law by the President George Bush. This Act of the Congress was meant to unite the Americans as they fight and intercept the different acts of terrorism (Doyle 2). Through the act, appropriate tools necessary for the execution of the mandates were provided. The act allows the empowered surveillance bodies to search for the different business records, rove through the wiretaps and carries out surveillance on the persons who are suspected to be terrorists or linked to terrorist-related activities. Owing to the powerful nature of the act, several issues have been raised concerning the validity and appropriateness of the act. Most of the issues raised point towards the morality aspect of the act. One issue of concern is privacy of individuals as far as the execution of Patriot Act is concerned (Doyle 2).
On September 11, 2001 the United States was attacked by a terrorist group on our own soil. On October 26, 2011 the US Government signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act). Only one and a half months after we were attacked physically by a terrorist group, our government decided that we would be better off with a lot less freedom in order to better protect America from terrorist attacks in the future. Although this seemed like an obvious need in 2001, now almost ten years later there is little evidence supporting a need for such an Act. The bottom line is that the Patriot Act allows the US
Since the founding of the United States of America, freedom has been the basis of the governmental and ruling systems in place. Individual freedoms are protected in both the Bill of Rights and the rest of the Constitution, and Schwartz (2009) explains that ‘public liberty ultimately enhances collective rationality—it is a path to heightening our wisdom by increasing access to pertinent information and improving decision making’ (p. 409). However, there have been many times in history when the true freedom of citizens is called into question. There has always been controversy about how much power the government should have, who is keeping the government in check, and if citizens are properly informed about what their elected governed are doing. The passing of the Patriot Act in 2001 was no exception to this controversy. The
A. Thesis: The Patriot Act is violating American’s right to privacy. Mainly, the right to hold a private phone conversation.
September 11, 2001 sparked many different feelings into the hearts of Americans. People sprang into action to seek revenge and protect America’s precious soils from another deadly attack by reinforcing America’s strength through her government. The men and women of Congress retaliated to the terrorist attacks by drafting and passing the USA PATRIOT Act on October 26, 2001, which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.” The bill was moved through Congress with amazing speed and little hesitation. After the passing, the unsuspecting citizens of America were bombarded with many new rules and regulations that
The United States of America is a country that is based upon a principle of balancing the rights of an individual, while still preserving public order. The U.S. Constitution (specifically the Bill of Rights) guarantees every American certain Individual rights. Some of these rights include; freedom from unreasonable search and seizures, a right to due process of law, and protection against cruel and unusual punishment (The 4th, 5th and 8th Amendments). Historically the criminal justice system has preserved these rights of peopled accused of crimes. However on September 11, 2001, the United States became the victim of the largest terrorist attack the World has ever seen. According to Schmalleger in 2003, that
The basis of the USA Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept
After the devastating attacks on the United States on September 11, 2001, this country scrambled to take action to provide future protection. New techniques had to be developed to protect the nation from the menace of terrorism. Along with the new techniques came the decision to enact laws that some believed crossed the threshold of violating civil liberties this county and those living in it were guaranteed by the Constitution of the United States. “On October 26, 2001, the Public Law 107-56, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, also known as the USA Patriot Act, was signed into effect” (Stern, 2004, p. 1112). While speaking to Congress,
In the years since the passing of the Patriot Act, there has been much controversy and debate regarding the positive and negative advantages, and consequences of this bill. As a member of the law enforcement community I have experienced firsthand some of the changes the Patriot Act has brought upon this nation. A result of this experience along with information obtained in the studying of this act and
The terrorist attacks of September 11, 2001 devastated the United States people. As they mourned over the deaths caused by the destruction of the World Trade Center in New York City, Americans began looking for a way to prevent anything like this from happening again. Consequently, an act known as the USA PATRIOT act was passed by Congress. This act opened up many doors previously closed to law enforcement and intelligence agencies. With these new opportunities available to them, they have the capability to obtain information about specific individuals believed to be involved in terrorist activities and organizations. Very beneficial to the United States, the Patriot Act provides easier access for different government law enforcement agencies to share information, allows government agencies investigative tools that non-terrorist crimes already use, and helps to dismantle the terrorist financial network. Although many people claim that the Patriot Act violates the United States Constitution and the freedoms of the American people, it contains many elaborate safeguards to fight against such abuse.
The United States of America is undoubtedly one of the world’s largest and most powerful nations. However, it has been facing the problem of terrorism for many decades, most notably after the tragic events of September 11th. The Patriot Act was passed shortly after these events in response to the acts of terrorism witnessed by the whole nation. At the time, it seemed rational and logical to allow this bill to pass, due to the extreme anger of American citizens, and the willingness to fight against terrorism. However, certain breaches of privacy came with the introduction of the Patriot Act. We as Americans want to feel protected from the threats of terrorism, however, we are not willing to give up certain privacies and liberties in order for that to happen, even when put to a vote.