The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) is one of the most controversial pieces of legislation to ever pass through the US Senate. Its critics use fear mongering tactics to scare people into opposition of an intrusive police state which they believe is inevitable given the government’s new powers. They consider the Act an assault on civil liberties and an invasion of the privacy of innocent American citizens. Yet the real issue is not that the government now has new powers, it’s that the American people do not trust our intelligence agencies to handle these new powers properly while still respecting their rights. The main criticisms of the …show more content…
He called this collection a “logical program” (qtd. In Isikoff), although when pressed for any examples of this database being used to stop terror attacks, Stone replied simply, “We found none.” The thing about the Patriot Act that is truly terrifying, is “the lack of government candor in describing its implementation” (Lithwick and Turner). This means that the American people don’t trust their government to use their powers as the people were told they would be. While many claim that the Patriot Act is an attack on Americans’ civil liberties, there is a strong case for the Act and the changes it brings. An article published in the Washington Post looks at the claims made by the ACLU and systematically pokes gaping holes in them. For one, the claim that NSLs can be issued without a judge’s approval is only partially true. While a normal search warrant is issued to law enforcement by a civilian judge, “the FBI can do nothing under Section 215 without the approval of a federal court.”(Mac Donald, In Defense). The idea of a federal judge issuing an NSL to spy on someone who “wrote a letter to the editor that criticized government policy"(Mac Donald, In Defense) as the ACLU claims, is inconceivable. Another critique made by the ACLU is against the Act’s “Sneak and Peek” provision. While described as a blatant power grab by the government, there is a long precedent for the delay of notice regarding a search warrant. Especially when such a
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.
In this essay I will discuss the pros and the cons of the Patriot Act, how it affected the lives of US citizens and the world, and whether or not it fits within our democratic form of government. The Patriot Act was a rapidly drafted and approved Act of Congress which was intended to increase the security of US citizens by combatting terrorism. Although granting increased security to an extent, the Act was and still is extremely controversial due to certain parts of the Act limiting the freedoms of American citizens. The Patriot Act enhanced the government’s ability to spy on their own people, and with far fewer restrictions, so many people were and still are disgusted, but many others completely agree with it. Millions of people, billions across the world have a historical trend of being happy to sacrifice their freedoms for increased security. The controversy lies with how more safe are you in comparison to how much of your freedom you have to give up, and that compromise is weighed vastly different for individuals across the world. Did the Patriot Act save enough lives to warrant what it cost, or did it inhibit the lives of too many people to be allowed to continue. The answer will always be disputed and weighing each side will be a very difficult task.
The USA Patriot Act grants government agencies powers in terrorism investigations that it already uses in non-terrorist crimes. Several law abiding citizens have been approached, questioned, and interrogated without probable cause of any criminal activity, basically for engaging in political speech protected by the constitution (Bailie, 2012). The Act freely eliminates privacy rights for individual Americans, it creates more secrecy for government activities, which make it extremely difficult to know about actions the Government are taking.
Constant controversy have aggravated several Americans since the Patriot Act goes slightly against the fourth amendment. The fourth amendment is the right of people to be secure in their homes, papers, and effect, against 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 (Fourth Amendment - U.S. Constitution - FindLaw, n.d.). The Patriot Act was implemented for the creation of new laws and for the amendments of current ones for the intent of more efficient terrorism prevention and investigation. The act made changes to the already present amendments, which entitled privacy to American citizens, including the following: wiretap statute, electronic communications privacy act, computer fraud and abuse act, foreign intelligence surveillance act, family education rights and privacy act, pen register and trap and trace statute, money laundering act, immigration and nationality act, money laundering control act, bank secrecy act, right to financial privacy act, and fair credit reporting act (Department of Government and Justice Studies, n.d.). As a result, the Patriot Act contains all of the same checks and balances that the American public has become accustomed to seeing in their government testimonies (List of Pros and Cons of The Patriot Act,
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
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
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
Since the USA Patriot Act was signed into law, multitudes of Americans have voiced their opinions over the matter. Many have ascertained that the law violates our rights under the constitution. This is a valid response to the new law, however, the provisions passed by Congress and the President, helps to cut off the support networks that make terrorism possible. Monitoring of terrorist type activity should not be thought of as an invasion of citizens privacy, it is a
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 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
Often our nation sees as a symbol of freedom to the world; however, since the events of 9/11 the U.S congress signed into law the U.S Patriot Act. This legislation extends the power of the government by strengthening its oversight authority over the nation, claiming protection of the national security against potential foreign threats. As an American citizen, I agree with some of the terms and measures adopted under the Patriot Act in which the government needs to intercept, obstruct, and monitor terrorism actions keeping us safe from potential attacks without violating any of our civil rights. However, the act fails to secure American liberties, facilitating and encourages the government to become authoritarian with the pretext idea of national security purpose, exposing millions of Americans lives to serious and potential abuses of corruptions, fraud and discrimination by taking away our freedoms and liberty rights guarantee by the U.S Constitution, assuming that giving politicians authoritarian powers will make America a safer place to live. On the Other hand as a Law abiding citizen I’m not willing to sacrifice and been taking away my constitutional rights in exchange for national security purpose, because if we continue like that, we would be further away from an ideal democracy society, losing confidence and support to our government system that eliminates the American ideal of check and balance power for their own ends.
The PATRIOT Act raised an important concern regarding how much civil liberty citizens were losing, and it shows a win for the terrorists. As 9/11 events kept been moved to the past, there will always be a continued reflection on whether too many liberties have been surrendered to ensure a safer and more secure nation. Hopefully, the future will reflect the observations of Donohue (2009). Donohue stated that “the first and most important step is to do away with the old assumptions foremost among them being the need to align security and freedom on opposite sides of a fulcrum that favors security” (p.
“The consciousness of being at war, and therefore in danger, makes the handing-over of all power to a small caste seem the natural, unavoidable condition of survival” (Orwell). The world today is full of many dangers domestic and abroad. It has become a routine in the news to report on the daily mass shooting or update with the war on terror. We live in a world where being worried is justified; however, we should not give up our constitutional rights in the face of fear. The NSA’s dragnet surveillance programs, such as PRISM, are both ineffective and are surpassed by less questionable national security programs. The FISA court's’ approval of NSA actions are not only illegal, but exist as an embarrassing formality. Surveillance is a necessary
The Homeland Security Act of 2002 impacted the American people without many of them realizing it. The act called for increased monitoring of computer networks, phone lines, and online history inside the United States and allowed the government to deport suspects (ACLU). What was created by the act has snaked its way into all aspects of our lives, creating a sense of order and restricting some freedom. However, some say that this imposition into our daily lives limits our freedoms and actions allowed us by the Constitution. Many interest groups voice strong resentment for the act while others try to demonstrate the strengths and triumphs of the Homeland Security Act. This paper will show the differing viewpoints of those that feel that the