Michael J Parrish
AJS 552
May 20, 2013
The PATRIOT Act After the events of September 11, 2001 the US Congress had little resistance and passed legislation known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act). This act along with many other regulations allowed the federal government to become more involved in personal affairs for the security of the nation. The privacy of yesterday doesn’t exist in order for the protection of the nation from further terrorist attacks. Terrorism is a threat that is globally a threat to the infrastructures of government and used as a way to inflict fear and panic into a clam structured environment. The Patriot Act not only is for the protection of and surveillance to investigate terrorist, but also Americans that can possibly do harm to our nation. The lack of balance that allows racially motivated surveillance is just one example of how civil liberties are violated. Terrorism is a serious matter that should not be handled lightly, but the act has gone over the top in trying to stop terrorism. The Patriot Act is a very positive act when used properly, but the manipulation of it by our government allows its abuse. With its almost unanimous decision by the Senate and same in the House the act went unopposed. Americans believe that a little violation of privacy is necessary for vigilance to protect the nation.
What is the Patriot Act? The Patriot Act allows law enforcement agencies to investigate drug trafficking and organized crime with tools that were already available. The same tools that have been used to deal with organized crime have been made available to combat terrorism. Wire taps were not available for criminal activities, but getting a wiretap for a potential terrorist to investigate their activities was almost impossible. Electronic surveillance is a pivotal part of protection in our country, without electronic surveillance to investigate many ordinary, non-terrorism crimes, such as drug crimes, mail fraud, and passport fraud we wouldn’t be aware of it. Wiretaps are used by agents to investigate all, but a few of the crimes that terrorists often commit. Investigators are able to now gather information when looking into terroristic motivates ("The USA Patriot Act: Preserving Life and Liberty", 20012). Any crime that is commit that could be related to terrorism, whether it is a crime involving chemicals, nuclear and attacks in ally nations that still with harm the countries security. The investigational tactics to isolate funding sources can end the threat all together. Advantages of the Patriot Act Some terrorist are advanced enough to escape simple surveillance tactics so more specific ideas must be used. A “roving wiretap” is used to investigate ordinary crimes and some where the criminals are aware that wiretaps are location specific. These mobile wiretaps are placed on the person instead of in a specific location in order to gain information on a very valuable target ("The USA Patriot Act: Preserving Life and Liberty", 20012). International terrorist are familiar with U.S. security methods, so rapidly changing locations is standard to keep wiretaps off. The act allows any threat to the nation to be dealt with accordingly. Investigations sometimes become compromised based on polices that force communication with a potential threat. When a criminal is tipped of normally they will destroy evidence and conceal leads to other places before they can be exploited. Normally the suspect disappears or kills any witness to prevent further pursuit. The law has always allowed law enforcement to prevent when they would be tipped off that they are a part of an investigation. Now the federal rules that applied to the standard judge approved warrant, now apply to terrorist threats and help with gathering information to prevent or stop any attack that is in the works. A reasonable delay helps law enforce to eliminate immediate threats to our communities, and coordinate the arrests of multiple individuals without tipping them off beforehand ("The USA Patriot Act: Preserving Life and Liberty", 20012). The delays in notifications have been used in countless criminal cases involving drugs and organized crime; they are completely legal and held up in court.
The Patriot Act has increased all penalties for crimes of terror, the support and the person that commits the act also is punished the same. Americans are intimidated by terrorist activities completely and are supporters of everyone getting the same punishment no matter the role that was played. Knowingly harboring a fugitive comes with penalties based on the act committed. Concealing a terrorist that may have committed or are about to commit a variety of terrorist offenses is a crime against the
Disadvantages of the Patriot Act
The Patriot Act has been widely criticized for being an issue and violating the right of people. The Act provides sweeping power to government agencies to monitor the personal habits of not only those who have been identified as suspected terrorists, but anyone residing in the United States as well as United States citizens residing abroad (Fritscher, 2007). The camp at Guantanamo Bay opened in 2002, detaining potential war criminals and informants. Much media attention was given to the camp and the activities that occurred their and whether they violated any international rights. One of the most controversial provisions of the Patriot Act was Title II, which allowed unprecedented monitoring of semi-public records such as library records.
Sunset provisions are sections of law that automatically expire after a certain period of time unless extended through additional legislation. These provisions in surveillance were created to expire unless renewed. The provisions where specific needs for the war on terrorism that can be applied in real-world conditions which allowed (Fritscher, 2007). The provisions did receive an extension until March of 2006. The final straw was when Congress had to decide whether to make the Patriot Act permanent. During this time many civil legal issues had rose challenging the constitutionality of the act. Many state provisions where not accepted because of the violations of certain amendment rights. The ACLU (American Civil Liberties Union) was heavily involved, and several misuses of power had come to light. Numerous cities refused to honor sections of the Act that were, in the opinion of city government, unconstitutional (Fritscher, 2007).
Reference
Fritscher, L. (2007). USA Patriot Act: Pros And Cons. Retrieved from http://www.lifescript.com/soul/self/growth/usa_patriot_act_pros_and_cons.aspx
The USA PATRIOT Act: Preserving Life and Liberty. (20012). Retrieved from http://www.justice.gov/archive/ll/highlights.htm[pic]
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