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Relaxed limits on law enforcement searches/wiretapping/seizures in recent years in cases related to terrorism in the US - Research Paper Example

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Wiretapping and Controversies Surrounding Terrorism in the USA Name of of Institution Relaxed Limits on Law Enforcement Searches /Wiretapping/Seizures in Recent Years in Cases Related To Terrorism in the US Introduction Even though there are anti-terrorism measures to prevent insecurity in the USA, there are many challenges, such as relaxed limits on law enforcement services and wiretapping controversies…
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Relaxed limits on law enforcement searches/wiretapping/seizures in recent years in cases related to terrorism in the US
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Download file to see previous pages Security measures have been taken into consideration because both internal and border security is a great problem, not only for US ,but has also raised international participation on the illegality of terrorism. Reason being that terrorism levels have increased in many parts of the world specifically both in large cities and big trading centers. The general feeling is that crimes are committed by the non citizens of a given state and this has also called for immigration laws to enhance restriction of inflow of aliens suspected to be terrorism. The US security agency had the mandate through the executive to monitor communications without any warrant of search on all the phone calls, communication through internet via email messages, text messages and other related interactive communications, linking any person with anybody outside the nation (U.S. Department of Justice, 2006). There are legal concerns on the use of wiretapping in which it must be warranted through a court system, in a proceeding presided by three judges. The court system came into existence through Foreign Intelligence Surveillance Act (FISA). The USA borders have also been put under security surveillance due to its prone to terrorism threats because it is an entry point to both human and cargo. Grounds on Unconstitutionality of Wiretapping FISA act was in place until 11th. September when there was the US terrorist attack that led the congress to enact Patriot act (Lichtblau, 2008). The patriot act granted the then president powers for fighting terrorism. The former president George W. Bush utilized the given powers in bypassing FISA courts and then directed the National Security Agency (NSA) to have direct spy on al Qaeda networks (U.S. Department of Justice, 2006). In the process of executing the surveillance program electronically, there were several reports, which indicated some accidental interception of information on domestic communications of US citizens. The hitch raised a lot of concerns by various groups, which led congress in declaring the process as unconstitutional. The debate on the constitutionality of the program went on with several legal concerns that US citizens raised. Wiretapping affected even the fiber optic information systems, network traffic from corporate privates, the emails and internet browsing communications. More critics came up with opposing arguments that such activities required legal authorization of FISA. However, the Bush administration said that the interceptions were not domestic and were just integrals on foreign intelligence on conducting war and the claims, FISA warrant requirements were superseded by passage of AUMF (Authorization for Use of Military Force against Terrorists). The FISA provisions indicated that it was illegal for one to be engaged in electronic based surveillance due to the existence of the acted law (Nakashima, 2007). Contravention on the law attracted a fine of $10,000 or be sentenced for a five year period in the prison when one has intentionally disobeyed the act. Authorization for Use of Military Force against Terrorists (AUMF) Congress passed the AUMF, in which the president had all the powers to authorize any appropriate and necessary force against any group, country, or persons aiding the terrorist attack on America. The American administration argued ...Download file to see next pagesRead More
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