Patriot Act Pros And Cons

Congress ushered in the Patriot Act by arming law enforcement with new tools to detect and prevent terrorism by expanding federal officials’ powers to keep tabs on our personal information, from credit card use to cell phone calls to car travel. It allows investigators to use the tools that were

The Foreign Intelligence Surveillance Act (FISA) was originally enacted to protect entities from abuse of surveillance for national security reasons. FISA contains policies associated with the process of gathering foreign intelligence by the intelligence community for national security reasons (Addicott & McCaul, 2008, p. 46-47). FISA also consisted of a secret court, known as the Foreign Intelligence Surveillance Court (FISC), which had eleven unnamed federal judges who issued warrants regarding surveillance or searches for the intelligence community, and a court review board, which consisted of three federal judges who reviewed the actions of the secret court. After the passing of the Patriot Act by the Bush Administration, the NSA was essentially given full authority to collect information on citizens without a warrant, thereby circumventing the FISC, and Bush fully defended the NSA, stating “‘The activities I have authorized make it more likely that killers like these 9/11 hijackers will be identified and located in time.’” (Schwartz 2009

Several weeks after the horrible terrorist attacks on September 11, 2001, The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act was rushed through Congress by Attorney General, John Ashcroft. This particular Act, however, was established with a ruling hand of fear. Life for Americans changed dramatically in those immediate days, weeks, and months after the attack. America had been spoiled with luxury for so long, that the illusion of control had ingrained itself into our very nature as Americans. That act of terror, on September 11, 2001, brought that belief crashing down, almost immediately. Fear and anger were rampant though out America; a dangerous

(6) Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived there from, may disclose such contents to any other Federal Law Enforcement , intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence information, to assist the official who is to receive that information in the performance of his duties.? This allows for a better sharing of information among the different division of federal, state and local law enforcement nationwide. In a large scale criminal investigation, proper communication and information sharing is vital. This act has allowed information to be disseminated to law enforcement agencies throughout the country, so they can effectively work together towards the goal of arresting terrorists, and preventing another terrorist attack. Another section of the USA PATRIOT ACT that Schmalleger (2003) quotes is Sec. 213. Authority for Delaying notice of the Execution of a Warrant. ?With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required,

One beautiful morning in September 2001 many people went about their day like they have before. Some off to work, or traveling for business, or to visit family, and in a blink of an eye our lives in America changed forever. We were attacked, on our own soil, not once, but four times. That fourth plane didn’t make it to its destination, thanks to the brave souls aboard that sacrificed their lives to save others. On that fateful day 2,753(NYmag) families would never be the same, as well as the rest of us that watch in disbelief. The attacks on September 11th 2001 led to something called the Patriot Act. In the days after 9/11 Congress hurried to pass a bill to give law-enforcement agencies the power to fight domestic terrorism. On October 26, President George W. Bush signed three hundred page USA Patriot Act into law (Crf.org). The USA Patriot Act of 2001 was created to prevent and catch terrorist in the United States and around the world. The contents of it has been one of great controversy in the rights of our privacy and the violation of our constitutional rights. Can we give up too much freedom to keep us safe? Where do we draw the line to keep our Country safe?

The threat of terrorism creates a fear that allows government agencies to subvert the United States Constitution and common morals out of the threat that they will be unable to combat terrorism without performing these rights violations. After the attacks on New York City and Washington, D.C. on September 11th, 2001, the United States Congress passed the USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act (“NSA Surveillance Programs”). This act essentially gives a blank check of domestic and foreign rights violations to the federal government, specifically the National Security Agency, as long as the violation is done in the name of fighting terrorism. Reports came out numerous times over the next decade, specifically December 2005, May 2006, and March 2012, detailing how the National Security Agency was able to stretch its powers, even beyond this liberal and controversial bill, to surveil its citizens’ private phone conversations with neither warrants nor provable suspicion of a crime taking or about to take place (“NSA Surveillance Programs”). The former of these reports was by the New York Times, which had known for nearly a year about this program but

Another pro of FISA, and the applicable amendments that followed, is the ability for electronic surveillance to be conducted without a court order for a designated length of time to better facilitate collection and streamline the process under USC. 1802, Sec 102. There are, of course, steps required by high ranking officials, the President and Attorney General, which must be taken to conduct such surveillance without a court order. Also, the criteria to conduct the surveillance is restricted specifically to communications exclusively between foreign powers and must not include “substantial likelihood” that the surveillance will acquire communications pertaining to a United States Person. [4] While the appropriate legal process should always be followed, this provision is necessary at times to bypass the lengthy legal process for obtaining a court order when time restrictions apply.

Constitution. Along with this expansion of surveillance powers is the "sneak and peek provision" (The USA-PATRIOT Act and the American response to terror; panel discussion, 2002). During a discussion panel in 2002, David E. Suchar discussed this provision stating the "sneak and peek provision, which allows the government to conduct secret searches of anyone, including citizens, without notifying the person that they have a search warrant and that the search is authorized". Suchar further stated this provision is "a very broad standard that probably could be met in a tremendous number of cases and not limited to fighting terrorism in any way, shape, or form" (The USA-PATRIOT Act and the American response to terror; panel discussion, 2002, para. 18). From a civil liberties perspective, the surveillance expansion provisions within the Patriot Act are troubling when considering the possibility of abuse, and the trouncing of fourth amendment rights.

Several acts severely infringe the civil liberties of Americans; for example, Title II of the act provides for enhanced surveillance procedures. Authority to intercept wire, oral, and electronic communications became expanded if these communications might be related to terrorism or computer fraud. There are 25 separate sections providing significant new authority for the government to monitor mail, e-mail, voice mail, and telephone and computer communications. Search warrants will be easier to obtain, and they will be broader in scope. Warrants will be valid for longer periods. The FBI can ask for a warrant requiring any tangible items which can include books, papers, records, documents, etc…(the warrant may be non-specific in nature). This is a direct violation of the Fourth Amendment rights of search and seizure.

The basis of the USA Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept

Law enforcement utilizes the Patriot Act through enhance surveillance techniques and search warrant opportunities all of which are approved by the court system but not exactly “monitored.” Judges and magistrates within the court system deny bond, incarcerate, and hold hearings concerning liberties and collateral violations in the name of fighting terrorism. An excellent example of

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

On September 11, 2001, the Unites States suffered massive destruction caused by terrorism. Four planes were hijacked by terrorist. Nearly, three thousand lives were lost when two planes crashed into the World Trade Towers, one crashed into the Pentagon, and the final plane crashed in Pennsylvania before it could reach its final destination. An immense fear spread across the country and out of this fear came the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct the Terrorism, also known as the USA Patriot Act.

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.

September 11, 2001. Four planes were hijacked by terrorists. Two were flown into the World Trade Centers in New York, one was crashed into the Pentagon, and the last crashed in Pennsylvania before reaching the primary target in Washington D.C.. Within two hours of the crash, both trade centers, standing 110 stories tall, were practically deteriorated, and a wing of the Pentagon was severely damaged. Over 3,000 people died because of this deadly attack. Two days after the attack, the White House had learned that these attacks were linked to members of Al Qaeda, an Islamic fundamentalist terrorist group based in Afghanistan, but with terrorist cells around the world, especially in the United States. No one knew when or if more terroristic attacks would follow. In order to make these terroristic attacks less likely, the government needed ways to protect it’s citizens and land. In 2006, the Patriot Act was passed nearly unanimously by the Senate (98-1), with support from members across the political spectrum. The congress and the president should be allowed to bypass certain requirements if there is suspected terrorism. There is privacy given, but in order to protect the citizens a very small amount of privacy needs to given up. Being able to go through suspected terrorists gives all citizens and land more protection, lets the government prevent future terrorist attacks, and gives the Central Intelligence Agency and Federal Bureau of Investigation a purpose.