Patriotic Act Essay Example for Free

Patriotic Act Essay The Patriotic Act stands for Provide Appropriate Tools Required to intercept and Obstruct Terrorism. This act followed the terrorist attacks of september11 on New York and Pentagon, which prompted the congress to start working on a number of anti-terrorism bills.[1] This bill became a law on October 2001 after United States of America president George Bush assent. The Patriotic Act added the scope of authority of US law enforcement agencies in their effort to combat terrorism in United States as well as other parts of the world. The various provisions of the Act’s enabled law enforcement agencies to search records, e-mail and telephone messages in addition to enhanced discretions in detaining foreigners who are suspected to be involved in terrorism acts.[2] The Patriotic Act also resulted into a lot of changes to other U.S Acts which includes Acts such as Immigration and Nationality Act, Foreign Intelligence Surveillance act (FISA) of 1978, Bank Secrecy act (BSA), Electronic Communications Privacy Act (ECPA) of 1968 and Money Laundering Control act of 1986.[3] However due to its controversial nature, several bills to amend the Patriotic law were later passed. These include bills like: Security and Freedom Ensured act, protecting the rights of the individual act, which failed to be passed.[4] It is important to have a brief overview of the titles if the act. Title 1 and title X The first title is meant to facilitate the domestic security agencies ability to fight terrorism. Under this title, a special fund to combat terrorism was established in addition to increased funding for FBI military support center. Title 1 also authorized the military to intervene in cases in which weapon of mass destruction are involved if they are so requested by the Attorney Generals of United States.[5]   In addition, the National Crime Task Force was expanded together with increasing president’s authority in making decisions related to terrorism like confiscating that properties belongs to foreign person or corporation or country. This title of the Act also condemned discrimination against Muslims and Arab Americans that many Native Americans held against them after the September 11 terrorist attack.[6] On the other hand Title X created and changed several miscellaneous laws that could not fit under other sections of Patriotic Act. In this title of the Patriotic Act, the Inspector General was required to appoint a person to be in charge of monitoring, reviewing, and reporting the congress about any allegation raised against the department of justice. The definition of electronic surveillance was also amended to exclude federal agents interception of communication through protected computers where the owner permits it.[7] In addition to these provisions, aliens who committed money laundering cases could be reported in the district that money laundering originated from. Under this title, $5000000 was allocated to Drug Enforcement Agencies (DEA) to be used for military training in South and East Asia. A new Act called Crime against charitable organizations was created which required telemarketer s calling on behalf of charities to reveal the names and mailing address of the charity the telemarketer is representing.[8] â€Å"Title II Surveillance Procedures† This is the act that has faced a lot of controversy due investigative authority given to federal officer that allows them to disregard procedures that ensure privacy of individuals. This title made amendments to FISA and ECPA and it covers various aspects of surveillance of suspected terrorist, computer frauds and individuals who are suspected to be foreign agents involved in clandestine operations in United States.[9] Under title 2 also the purpose of FISA was reviewed whereby gathering Foreign Intelligence Information was made the significant purpose in contrast to before when it was the primary purpose. This change was initiated in an attempt to remove legal barriers between what is regarded as Criminal investigation and surveillance with the aim of gathering foreign intelligence from immigrants. The government was no longer required to proof that a suspect under surveillance is a non-US or a foreign agent.[10] The scope of wiretap and surveillance order was also increased under this section. The act gave authority to the district court judge to issue search warrants and surveillance orders in terrorism related investigation. Several provisions under this title permitted access to electronic communication including surveillance of protected computers where the owner is required to allow federal officers to intercept communications through the computer. The law enforcement agencies were further given powers to demand from cable companies’ disclosure of customer communication.[11] The most controversial provision of title 2 is: â€Å"roving wiretap†, â€Å"sneak and peak† searches and Federal Bureau of Intelligence’s authority to access records that reveal the behavior patterns of US citizens. The sneak and peak provision for instance allowed FBI officers to notify the suspect about their execution of search warrants after they have already conducted the search.[12] Roving wiretaps are wiretaps orders by a court that do not require to mention all common carriers and third parties in a Survillance order. The department of justice appreciates the importance of roving wiretaps since they realize that terrorists can take advantage of wiretap orders by constantly changing cell phones and locations.[13] The other highly controversial provision is the one that authorizes the FBI to demand the production of tangible things like records, books and documents that can aid in investigation involving terrorism or clandestine intelligence operations as long as such investigations are not carried out against provision of first amendment to the constitution.[14] â€Å"Title III Anti-Money Laundering† This section of the act is aimed at combating money laundering and financing of terrorist by putting measures to detect, prevent and prosecuting the suspects. The act is divided into three subtitles.[15] The first subtitle focuses on strengthening rules of financial institutions by requiring them to monitor transaction from areas prone to money laundering g and put measures to identify the true owners of bank accounts on payable through accounts. The second subtitle dealt with co-operation of the bank and other financial institutions with agencies that fight money laundering and terrorism while the third subtitle dealt with currency crimes.[16] Title IV Title 4 of Patriotic act deals with boarder security. Under this title, additional funds were avai1ed to Immigration and Naturalization Service and necessary provisions enacted to facilitate all government agencies operation to prevent the entry of unauthorized person into US or the movement of people with currency, technology or other illegal commodities out of the country.[17] Title IV This title was created to remove barriers to investigate terrorism. The attorney general together with some specified government officials were authorized to pay rewards to people who could disclose important information that could lead to arrest of terrorist suspects.[18] Education provision act was amended, whereby the US attorney general can collect and retain relevant educational records that can aid in investigation. The most controversial provision of this title 5 concerns National security letters to an organization requiring it to submit relevant data and records of its employees. This act was later challenged and declared unconstitutional since it went against first and fourth amendment.[19] Title VI-amendment victim of crime act of 1984 to ensure that victim of crime fund was managed more efficiently and enough funds were at their disposal. [20] Title VII enhances the US law enforcement agency to combat terrorist. Under this act bureau of justice assistance arranges for contracts with state, on governmental organization and local criminal authorities whereby grants are awarded in exchange for valuable intelligence information. [21] Title VIII:  Ã‚   To Strengthen criminal laws against terrorism Under title of the Act new criminal offences are added against passenger transport vehicles and ferries. The provision of this title also prohibits harboring suspected. terrorist. [22] Title IX: To improve intelligence This title is meant to facilitate intelligence operations whereby the director of CIA is required to give priorities to foreign intelligence gathered under FISA as well as ensuring that information collected search and electronic surveillance is shared with other intelligence agencies.[23] Critique of Patriotic Act The critiques of USA patriotic theory argue that the Act sacrifices the rights and freedoms of US citizens in the name of national security. New inflated powers are given to executive branch of government under this act.[24] However, these executives have misused powers vested on them by detaining innocent suspects especially the immigrants. The act also poses a threat to civil liberties of individuals. The act comprises the provision of fourth amendment relating to privacy of US citizens. The non-citizens are also subjected to unfair treatment whereby they are put in mandatory detention camp and removed from US in some cases.[25] The act also threatens the rights of political activists and critiques of government whereby some of their vigorous acts comments may be wrongly regarded as illegal under the act. Due to vagueness of definition of domestic terrorism Environmental activist are at a sensitive area under this act since the nature of their work involves direct actions. This might be regarded as domestic terrorism leading to their prosecution. The enhanced surveillance powers coupled within the increased sharing of information between criminal and intelligence operations open way for CIA to spy on the members of public.   [26] Moreover sneak and peak searches, which have been authorized under the act, may have negative effects. Under sneak and peak the execution search warrant takes place before notifying the owner of the building. This is purely against the provisions of fourth amendment and federal rules of criminal procedure.[27] According to critiques the FBI, can obtain sensitive files of a person even without suspecting the person of any illegal acts. The act further allows the FBI to access Internet usage and telephone communication. However the act does not specify what content should be accessed by the federal officers. Due to this private information’s and messages falls into the hand as of these officers.[28] Law enforcement agencies are allowed by patriotic act evades the fourth amendment provision. Wiretaps and physical searches can be contented in the name of collecting foreign intelligence information. This can result to spying in the persons claimed as enemy of the government.[29] Another section that has been subjected to critism is section 203.Under patriotic, the FBI, the CIA and NIS are allowed to freely share information. While this sharing may n help to fight terror to some extent, the political freedom of individuals are jeopardized. The immigrants are also vulnerable since their political association to organizations that have violated the law can be labeled terrorists. The immigrants cannot protect themselves by limiting their membership to organizations or curtailing their activities since the act does not have a clear definition of terrorist organization or activities.[30] Supporter However supporters of the patriotic act argue that the act empowers federal agents to combat terror-using court approved tools that have proved to be useful for a long time. They argue that the patriotic act has not been abused since 2001 when it was passed to become the law. /other people feel that patriotic act will equip the federal agents to prevent further catastrophe.[31] According to attorney general, Mr. john Ashcroft, the patriotic act is the key to success of the fight against terrorism. He further argues that the act facilitates the government ability to fight terrorism by expanding its surveillance capabilities.[32] He argued that through the increased powers of federal officers the government has been able to crackdown terrorist cells and disrupted their financing and weapon procurement efforts. [33] Conclusion Even though some amendments were necessary to equip then federal agents not fight terrorism abd other crimes more efficiently, some provisions introduced by patriotic act undermines the basic human rights and freedom that the law seeks to uphold. Some provisions of patriotic act may not be very detrimental to human rights but the extent of power they give to federal officers is a bit exaggerated and when such officers decide to abuse this powers, then democracy is the price to pay in the name of fighting terrorism. However a leeway can be found whereby the federal officers are provided with the necessary tools to fight terrorism at the same time upholding the fundamental rights and freedoms of citizens of United States. [1] www.jurist.law.pitt.edu/forum/forumnew40.htm [2] www.jurist.law.pitt.edu/forum/forumnew40.htm [3] American Library Association [4] American Library Association [5] American Library Association [6] http://www.sptimes.com/2003/11/08/State/Ashcroft__Patriot_Act.shtml [7] http://www.sptimes.com/2003/11/08/State/Ashcroft__Patriot_Act.shtml [8] http://www.eff.org/Privacy/Surveillance/Terrorism//20011031_eff_usa_patriot_analysis.php [9] http://www.eff.org/Privacy/Surveillance/Terrorism//20011031_eff_usa_patriot_analysis.php [10] American Library Association P26-27 [11] American Library Association, P27-29 [12] http://www.sptimes.com/2003/11/08/State/Ashcroft__Patriot_Act.shtml [13] http://www.sptimes.com/2003/11/08/State/Ashcroft__Patriot_Act.shtml [14] www.jurist.law.pitt.edu/forum/forumnew40.htm [15] www.jurist.law.pitt.edu/forum/forumnew40.htm [16] American Library Association, P 28-30 [17] http://www.sptimes.com/2003/11/08/State/Ashcroft__Patriot_Act.shtml [18] American Library Association, P 31-33 [19] American Library Association, P 32-34 [20] www.jurist.law.pitt.edu/forum/forumnew40.htm [21] www.jurist.law.pitt.edu/forum/forumnew40.htm [22]http://www.eff.org/Privacy/Surveillance/Terrorism//20011031_eff_usa_patriot_analysis.php [23]http://www.eff.org/Privacy/Surveillance/Terrorism//20011031_eff_usa_patriot_analysis.php [24] Dana K P [25] John W. [26] Dana K P43 [27] John W. P52 [28] John W.P 44 [29] John W.P 56 [30] Dana K P 46 [31] http://www.sptimes.com/2003/11/08/State/Ashcroft__Patriot_Act.shtml [32] http://www.sptimes.com/2003/11/08/State/Ashcroft__Patriot_Act.shtml [33] http://www.sptimes.com/2003/11/08/State/Ashcroft__Patriot_Act.shtml