USA Patriot Act - Research Paper Example

? Running head: USA PATRIOT ACT USA PATRIOT ACT The USA Patriot Act formulated by Congress was a result of the terrorist attack of September 11, 2001. The act ensures greater freedom and flexibility in implementing the authorization of the Federal officials in the tracking and intercepting communications. This was ensured both, for the enforcement of law, and for the purpose of gathering foreign intelligence. It assisted the secretary of the treasury with regulatory powers to encounter the corruption of United States financial institutions efficiently. The act assists in enforcing new criminal laws, new forms of penalties and efficiencies in procedures for using against both domestic and foreign terrorists. Although the act has found its share of critics but it is also acclaimed that the act is a success in its own way (Doyle, 2002, p.4) The Patriot Act The Patriot Act was enacted upon by the congress by enormous, bipartisan margin, which assisted the Federal officials with new ways to protect the nation from terrorist activities. The act was essentially passed with almost negligible opposition by both the senate and the house. It was also significantly supported by members throughout the political world. The act essentially assists the counter terrorism techniques in a various ways. The Patriot Act permits the investigators to incorporate the tools that were already present to investigate and solve the problem of organized crime and drug trafficking. Amongst the tools that are highlighted in the act, has long been practiced to counter organized crime, and drug trafficking. It was also reviewed and approved by the courts. As Biden acknowledges, “the FBI could get a wiretap to investigate the mafia, but they could not get one to investigate terrorists. To put it bluntly, that was crazy! What's good for the mob should be good for terrorists." (JUSTICE, n.d., p.1) The act permits law enforcement to use the procedure of “surveillance” to reduce terror activities. As acknowledged originally by the department of justice, the act provides a number of essential suggestions to counter terrorist activities. Amongst them, one of the most primary and significant suggestion was the amendments to Federal surveillance laws. This law ensured the governance of capture and tracking of probable terrorists within the boundaries of the USA. The Federal law is comprised of a three tier system. This system was designed for serving two purposes, namely, ensuring the privacy of personal telephone, and computer communication, while assisting authorities to locate and essentially intercept criminal message (Doyle, 2002, p.5). Prior to the Patriot Act, courts could allow Federal officials to carry on electronic surveillances on petty criminals. The Federal agents could also get wiretaps to investigate into crimes that are frequently committed by terrorists. The act enabled the Federal investigators to accumulated information in all kinds of terrorist activities. The activities included the use of chemical weapons, the assassinations of Americans in America or abroad, and even financing terrorism (JUSTICE, n.d., p.1). The act permits the Federal agents to trace sophisticated terrorist, and trained to avoid detection. Since the past decades, the Federal officials have sought the help of “roving wiretaps” to solve or investigate petty crimes in the state. The usage of “roving wiretaps” can be certified a judge to apply to a terror suspect, not on a specific communicating device. This was done as foreign terrorists are sophisticated and effectively trained to escape the surveillance measures of the Federal officials. The section 216, of the Patriot Act permits the authorization of trap and traces devices, and also pen registers to be incorporated in tracing and acquiring information in the case of computer conversations, as well as telephonic conversations. The usage of pen registers and trace devices was once restricted to only judicial districts were it was permitted to be used. But, as acknowledged in section 216 of the act, the crime investigation might subject an order to be followed in any part of the states (JUSTICE, n.d., p. 2). Permits law enforcement to proceed with investigations without tipping of the terrorist: There are often instances that criminals are being tipped off in a primary stage of an Investigation. This might lead to destruction of evidence, fleeing of the criminal, also a potential threat to the life of the witnesses in the case. The act permits the Federal officials to holdup for a limited time when the arrested person is told that a search warrant has been implemented with the approval of the judge. Notice is subsequently provided. Although the excess time which is granted to the officials, provides them with a chance to allocate the criminal associates, and conduct further associates without giving them the time to escape. These delayed notifications have essentially assisted the Federal forces in many cases (JUSTICE, n.d., p.2). The act permits Federal officials to acquire court orders to obtain business records in the cases that Concerns national security: Business records have proven to be an essential method to track and crack down severe cases of terrorism. The officials and investigators might seek records of transaction in order to locate the suspects in terror cases. The procedure is implemented in absolutely necessary cases that concern national security. For example, this method was implemented in the context of the zodiac gunman, where the officials suspected that the murders were linked to specific poetry books in a library. Due to the implementation of the Patriot Act, the US government can essentially enquire a Federal court to produce the available records in a case. However, the Federal court will only allow the access of the data’s when it is thoroughly justified by the US government that the case concerns national importance, and the suspect in a threat to the security of the nation. (JUSTICE, P-2) The Patriot Act facilitated information sharing and cooperation among government agencies so that they can better "connect the dots." The act detached the legal barriers that did not permit the law enforcement officials to coordinate their work towards providing national security. It was emphasized that the prevention efforts is not to be restricted by boxes in an organizational chart. Due to the implementation of the act, the Federal officials can now essentially protect the nation by coordinating and sharing information efficiently without any kind of hindrances (JUSTICE, n.d., p.3). It was after the September 11 incident that necessity of mobility between the law enforcement and the intelligence agencies were emphasized upon. The justice department’s consultation draft portrayed three sections that emphasized on collection of information as a part of investigating a crime. First and primarily it acknowledged that the information that is generated via the implementation of a title III order can be shared in association with the responsibilities of any administrative branch officials. Secondly, it suggested that investigating officials be granted the permission to get access to the grand jury materials. Third and finally, it recommended the sharing of information with foreign alliances in order to crack down a criminal case (Harrison, n.d., p-3). The act updated the law to counter with new threats It was evident that the Patriot Act updated the law with the present technological inventions, so that the officials did not have to encounter an unfair battle of digital weapons with antique weapons (JUSTICE, n.d., p.3). The act permitted law enforcement officials to obtain search warrant at any place were a terrorist activity had taken place: Prior to the Patriot Act, the Federal officials had to acquire a search warrant in the concerned were they proposed to carry out a search. However after the implementation of the act, present day investigations can obtain a warrant in any place were a terrorist activity has taken place, regardless of the execution of the place. Although the provision does not alter the standard process but does make the process more efficient and fast (JUSTICE, n.d., p.3). The act allows the victims of computer hacking to take assistance of the law enforcement officials in monitoring the “trespassers” on the concerned computer: This part of the Patriot Act essentially assisted the victim of computer hacking. It acknowledged that electronic trespassers are equally guilty as the physical trespassers. Due to the enforcement of the act, the hacking victims can acquire assistance of the law in order to trace and get the electronic burglars arrested. The Federal officials also keep a close watch on suspected accounts, and keep themselves updated with the rapidly growing technological invasions. The Patriot Act enhanced the penalties for those who committed crimes of terrorism The situation was that the American citizens were insecure not only about the existence of terrorists but also about the persons who economically assisted in maintaining the terrorists. The act emphasized on the implementation of much higher rate of penalties on those who fund or assist terrorist activities. Penalties were increased for the people who were involved in the conspiracy. The maximum and harshest sentencing in terms of monetary vision was the implantation of life-long parole on a person (JUSTICE, n.d., p.4) The act prohibited harboring of terrorists: The act essential put a ban on harboring of terrorist. This implied that prohibition was laid on intentional harboring of people who have committed or might commit terrorist activities in the future. It included the persons who can be of any threat to the security of the nation. The penalties of conspiring against the security of the nation were increased substantially. The law enforcement was entrusted to track the persons. It increased the penalties on various crimes that are likely to be committed by the terrorists: The act emphasized on increasing the penalties on various crimes like that of destruction of the defense materials of the nation, harming facilities concerning energy resources and others. The act emphasized on punishing bio-terrorists: The threat of terrorism by biological means was increasing rapidly. It was analyzed that the nation was not only harmed by hardcore terrorist activities, but also by the biological weapons used by the terrorists. The act put a stern impact as it acknowledged on granting maximum punishments to the people engaged in biological warfare with the nation. Conclusion The Patriot Act had made a major impact after its implementation. The act was enforced upon after the terrorist attack that shook the United States of America. The act provided adequate facilities to the law enforcement groups and the Federal officials to counter the problem of terrorism. Harsher punishment and penalties significantly affected that growth of terrorism in America. Proper implementation and enforcement of the act has subsequently helped the governing body of the US to counter the problem of terrorism. REFERENCES Doyle, C, (2002), The USA PATRIOT Act: A Legal Analysis, retrieved on 23rd April, 2012, from: http://www.fas.org/irp/crs/RL31377.pdf Harrison, L. D, (n.d), the Patriot Act: a new thinking, university of North Carolina, retrieved on 23rd April, 2012, from: http://www.nacua.org/documents/PatriotAct_Outline.pdf JUSTICE (n.d.), The USA PATRIOT Act: Preserving Life and Liberty, JUSTICE, retrieved on 23rd April, 2012, from: http://www.justice.gov/archive/ll/what_is_the_patriot_act.pdf Read More