The "Patriot Act" Essay

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?

(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,

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (www.law.cornell.edu).

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.

Today, electronic surveillance remains one of the most effective tools the United States has to protect against foreign powers and groups seeking to inflict harm on the nation, but it does not go without a few possessing a few negative aspects either. Electronic surveillance of foreign intelligence has likely saved the lives of many innocent people through prevention of potential acts of aggression towards the United States. There are many pros to the actions authorized under the Foreign Intelligence Surveillance Act (FISA) pertaining to electronic surveillance, but there are also cons. Looking at both the pros and cons of electronic surveillance is important in understanding the overall effectiveness of FISA. [1]

Technology has affected the field of justice studies in many ways. After the events of September 11th 2001, technology has had an even greater impact on the field of justice studies. Rapidly advancing technology has made surveillance cheaper and easier to conceal. Tools such as wiretapping, surveillance for e-mails, and other forms of surveillance tools that were before a violation of peoples' right to privacy, are now allowed to be used without probable cause. These tools now allow the FBI to find terrorists before they commit their act of violence. These surveillance tools that are now allowed to be used by the FBI were passed under the USA Patriot Act. Given that the USA Patriot Act now allows the FBI to look through what many

The Patriot Act was established after the tragedy of September, 11, 2001 in a moment of weakness. It gave unprecedented and unnecessary powers to intelligence agencies under the wide umbrella of national security. The Patriot Act has used an “us vs them” mentality as well as pro-American propaganda to accomplish its goals. This new authority of the intelligence agencies has gone too far, is unjustified, unconstitutional, and infringes on the privacy of the American people, as well as others in the world. The Patriot Act should be weakened in order to preserve the rights of the American people and to reaffirm to the world that the U.S will not tolerate violations of human rights.

“Unreasonable search and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” – Amendment IV

Unreasonable, warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S. Constitution, by not being justified by law. The NSA goes to the FISA court to get the kind of warrant needed for going through metadata, if the warrant is issued, then the NSA may go through the metadata. When the NSA goes to the FISA court, it means that the surveillance requires judicial oversight. Also, If the “intelligence committee” wants to listen to a phone call, then they have to take special measures such as a federal judge. The intelligence committee may not just listen to a phone call, all that the intelligence committee can do without taking special measures is look at the length of a phone call. Warrantless

This Act may be cited as the "Uniting and Strengthening America Act" by providing appropriate tools required to intercept and obstruct terrorism. President Bush signed the Patriot Act on October 29, 2001. It passed and with no debate voted on; many members of congress did not fully read the act. Due to the anthrax scare many Congressman did not have access to their offices. Attorney General John Ashcroft silenced any debate by warning that anyone who contested the Act would be "akin to a traitor abetting the terrorist."(Podesta, 2001) Congress had rejected many of the provisions previously debated. It was a recycled compilation of many extreme "wish lists." In the post 9/11 wake of fear, it became a reality.

The Patriot Act was signed into law on October 26, 2001 by President George W. Bush. The act expanded the surveillance capability of both domestic law enforcement and international intelligence agencies. When this law was passed it was under the assumption “to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes” (The USA Patriot). The Patriot Act has given the government the power to spy on the average American through monitoring phone records and calls, gaining banking and credit information, and even track a person’s internet activity. This is an unbelievable amount of power intelligence agencies wield all under the umbrella of national security. This power has gone too far, is unjustified, unconstitutional, and infringes on the privacy of the

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.

Other provisions included giving the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA) the ability to share information, access wiretaps referred to “roving wiretaps” that would cover all of technology a suspect may own, access to records including banking, books, or any “any other items sought in connection with a terror investigation,” lowers the requirements to obtain a “wiretap or search order”, allows delayed notice to those whose home or office has been searched under the “sneak and peek” warrants and has “outlawed material support” to organizations considered terrorist groups (Abramson & Godoy, 2006, pp. 2-4).

“The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation,..”

The Patriot Act (Title II, Sec. 213) allows for the delayed notification of the execution of a search warrant. Under what circumstances can the notification be delayed?