The Major Concerns Around The Usa Patriot Act
On September 11th, 2001, the United States had witnessed the deadliest terrorist attack on American soil in its history. America was vulnerable and weakened. To ease the mind of the public, Congress passed the USA Patriot Act and was signed by George Bush on October 26th, 2001. The USA Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) was not only made in as anti-terrorism legislation in the response of the September 11th attacks but it would also set out to improve homeland security and fight against drug dealers and organized crime. The USA Patriot Act is defined as an act that “substantially broadened the investigative authority of law enforcement agencies throughout America and applies to many crimes other than terrorism”. The act helped law enforcement listen in on multiple forms of electronic devices with ease by “facilitating information sharing and cooperation among government agencies so that they can better “connect the dots”, allow law enforcement to conduct investigations without tipping off terrorists and increase the penalties for those who commit terrorist crimes”. However, nothing is ever perfect. Throughout the years, the USA Patriot Act has stirred up many debates and issues surrounding privacy and government surveillance despite the honorable and upright intentions in which the act was created with. According to History.com, “Civil rights groups have claimed it violates American citizens’ Constitutional rights”, which enables law enforcement to eavesdrop on citizens without due process, search their homes without consent and increase the risk of ordinary citizens being accused of crimes without just cause. 3 sections of the act bring up major concerns to many citizens and they are Section 215, Section 216 and Section 213.
The Fourth Amendment to the United States Constitution is simply defined as protecting individuals from protects unlawful searches and seizures without probable cause and/or a search warrant. Even though this is stated as part of the Bill of Rights, the USA Patriot Act disregards the right entirely. According to Andrew Costly, “The Patriot Act now authorizes this court to issue search orders directed at any U.S. citizen who the FBI believes may be involved in terrorist activities. Such activities may, in part, even involve First Amendment protected acts such as participating in non-violent public protests.” Section 215 of the USA Patriot Act permits the Federal Bureau of Investigation to obtain an order from the Foreign Intelligence Surveillance Court to search for “any tangible things” connected to a terrorism suspect. When referring to “any tangible things” in Section 215, it covers any kind of property, ranging from computers to books. The FBI would be able to justify their search without meeting the standards of probable cause by stating the search is “to protect against international terrorism or clandestine intelligence.” A similar act of neglect towards probable cause is stated in Section 21g.
Another concern is Section 216 of the USA Patriot Act. Law enforcement can obtain a pen-trap order, which allows officers to “obtain communications metadata – like the phone numbers of incoming and outgoing calls, or email addresses of senders and recipients”, from a judge. Officers also do not need probable cause but must be able to confirm that the information needed is for an ongoing investigation. With Section 216 of the act, pen-trap orders are expanded upon to included web browsing and emails. “The FBI can ask Internet service providers to turn over a log of the web sites a person visits and the addresses of e-mail coming to and from the person's computer”. Internet providers, along with public librarians, are not allowed to inform anyone the FBI has directed a search of a person’s records under the USA Patriot Act.
The final concern is Section 213 of the USA Patriot Act, which allows offices “to give delayed notice that a search warrant has been executed”. This means, if approved by a judge, the FBI may be able to discretely search a citizen’s home or workplace. According to Andrew Costly, “The FBI says these searches may be necessary to prevent the destruction of evidence or to keep from jeopardizing an ongoing secret investigation.” Things such as terrorism, child pornography, and drug trafficking are serious crimes that can potentially be destroyed if not acting upon soon enough.
Furthermore, the ongoing debate over the USA Patriot Act brings up sides of the argument that favor both American citizens and the government. The act intended to bring a sense of security and safety in a time of panic and uncertainty, to better protect the citizens of the United States. However, this act has led to the invasion of privacy and tries to work around the rights that every individual is entitled to. Ironically, this act simultaneously works to suppress the act of terrorism while also suppressing the citizens it is trying to protect. Ultimately, the USA Patriot Act is here to stay and is not going anywhere, anytime soon.
