StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The USA PATRIOT Act: the Signal for a Lasting New World - Research Paper Example

Cite this document
Summary
The paper describes Section 802 of the Act that creates a new federal crime of “domestic terrorism,” which includes any dangerous acts that “appear to be intended to influence the policy of a government.” This could be used to silence any political dissent critical of government policies…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.8% of users find it useful
The USA PATRIOT Act: the Signal for a Lasting New World
Read Text Preview

Extract of sample "The USA PATRIOT Act: the Signal for a Lasting New World"

 The USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) entered the new millenium of America as an outcome to the catastrophic, cunning and devastated terrorist attacks of September 11, 2001. The Act was enacted with virtually unprecedented speed, with only six weeks elapsing between the Bush Administration's initial proposal of anti-terrorism legislation and the enactment of the bill in its final form. Under the pretense of enhancing national security, the USA PATRIOT Act concentrates on the increased new powers in the executive branch of government, while decreasing judicial oversight. These measures included: A. Creation of a New Crime Section 802 of the Act creates a new federal crime of “domestic terrorism,” which includes any dangerous acts that “appear to be intended to influence the policy of a government by intimidation or coercion.” Broadly applied, this could be used to silence any political dissent critical of government policies. The Act refers to all those efforts helpful in the eradication of “terrorism attacks” by military tribunals, the attorney-client stuff and the people being held on secret charges whose names are kept undeclared. B. Diminished Due Process for Immigrants Section 411 of the Act expands the term “engage in terrorist activity” to include any use of a weapon, as well as such nonviolent acts as fund-raising for suspect organizations. Moreover, it allows for the detention or removal of non-citizens with little or no judicial review. The U.S. Attorney General and Secretary of State can claim a domestic group to be a terrorist organization, and can deport any non-citizen members. Because of this provision the Government has to trade off the rights and liberties of a vulnerable minority, immigrants, in particular Arab and Muslim immigrants, for the purported security of the rest of the U.S citizens. And just to give a little specificity to this, the PATRIOT Act makes immigrants deportable for wholly innocent associations. Before the PATRIOT Act, if you were investigating someone for a crime, you had to show probable cause of criminal activity in order to get that wiretap or in order to conduct that search. Under the PATRIOT Act, the government can avoid the probable cause requirement and do an end run by going the foreign intelligence route, which does not require probable cause of a crime. All they have to do is show the person as an agent of a foreign power. However the Provision is in favour of security of USA citizens but it is going to be used almost exclusively against immigrants, and it's not in any way, shape, or form limited to terrorist investigations or terrorist crimes. C. Diminished Privacy The Act severely curtails the right to privacy at several turns, including broadening the grounds for increased surveillance and wiretap authority, sneak-and-peek searches, tracking Internet usage and accessing private records. As a powerful tool in fighting terrorism the law enforcement community used this Bill as a way of expanding their powers far beyond the war against terrorism. One example is “sneak and peek provision,” which allows the government to conduct secret searches of anyone, including citizens, without notifying the person that they have a search warrant and that the search is authorized. The provision allows the government to delay notification for a reasonable period of time upon showing the court that notifying the individual would jeopardize the criminal investigation, a very broad standard that probably could be met in a tremendous number of cases and is not limited to fighting terrorism in any way, shape or form. D. Lowering Standards of Probable Cause Section 215 of the Act reduces the traditional Fourth Amendment requirements for probable cause, as previously interpreted by the Foreign Intelligence Surveillance Act of 1978 (“FISA”) which was initially enacted in 1978 and was itself substantially amended by the USA PATRIOT Act. In its current form, FISA governs the efforts of the government to secure judicial approval for wiretaps and physical searches seeking foreign intelligence information. FISA requires the Chief Justice of the United States to designate eleven judges “to hear applications for and grant orders approving electronic surveillance” and “physical searches for the purpose of obtaining foreign intelligence information anywhere within the United States”. E. Sharing of Intelligence Section 203 of the Act now permits unprecedented sharing of sensitive information across several independent agencies, including the FBI, CIA, INS, and other state and federal agencies. The USA Patriot Act is actually the outcome of Terrorism resulting in the law enforcement capabilities of September 11 and the expectations of the American citizens. The PATRIOT Act, makes the people deportable not for engaging in terrorist activity, not for supporting terrorist activity, but for providing any kind of support whatsoever to any group which is decided to label a terrorist group, including retroactively tried to lower the barriers to recognize that in this day and age when USA is trying to prevent terrorist acts even more than we are trying to prosecute those people who commit them after they are committed, we have got to be able to exchange information and bring together all of the knowledge in the U.S. government. We can’t afford to have people lose their lives because part of the information is in one department and part is in another department and they are not talking to each other. One critically important provision of that legislation allows prosecutors, under certain circumstances, to disclose grand jury information to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official. The USA PATRIOT Act is legislation of almost staggering scope and complexity, enacted with near-record speed, the USA PATRIOT Act addresses virtually every conceivable area of federal law enforcement authority. The Act dramatically expands the authority of federal agencies to conduct wiretapping and other electronic surveillance while simultaneously curtailing judicial oversight. The Act also increases authorization to use more conventional law enforcement tools for intelligence purposes by allowing, for example, greater access to business records and increased use of secret searches. Additionally, the Act augments and increases the authority of the Attorney General to detain and deport non-citizens who are certified as a danger to national security or who belong to certified terrorist organizations, with only minimal provision for judicial review. The Act also authorizes the sharing of domestic grand jury information with the intelligence community. Historically, during times of crisis, it has been natural for democratic nations, including the United States, to temporarily abridge individual liberties in ways that would never be considered in more halcyon times. It is still a question to all US citizens what they should perceive about the the USA PATRIOT Act, a temporary measure or the signal for a lasting new world order to combat a faceless enemy in the new millennium. U.S. public policies continue to unfold with international events, such as the War in Iraq, tumult in the Far and Middle East, and potential “wars and rumors of war” with other unfriendly nations. The U.S. mass media have reported intense, mixed, volatile feelings going in many directions within the U.S. public today. In such times, public opinion polls have a special value in a democratic society, to precisely gauge and analyze citizens’ views. When it comes to U.S. policy on terrorism, survey respondents of all sorts seem to expect “the other shoe to drop, be that a bio/chemical or nuclear attack” but this shoe will almost surely have dramatically different impacts on those pro-liberty or pro-security people among us. Media coverage of events is best accompanied by tracking polls, to chart how much and why the U.S. public is coalescing or further dividing on this important issue of individual liberties during crisis. Works Cited The USA Patriot Act : Civil Liberties, the Media and Public Opinion Journal article by Lisa Finnegan Abdolian, Harold Takooshian; Fordham Urban Law Journal, Vol. 30, 2003. And the Walls Came Tumbling Down: Sharing Grand Jury Information with the Intelligence Community under the USA Patriot Act : Jennifer M. Collins, American Criminal Law Review. Volume: 39. Issue: 3. The USA-PATRIOT Act and the American Response to Terror: Can We Protect Civil Liberties after September 11? American Criminal Law Review. Volume: 39. Issue: 4. 2002. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“PATRIOT ACT College Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
PATRIOT ACT College Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/politics/1504335-patriot-act-college-essay
(PATRIOT ACT College Essay Example | Topics and Well Written Essays - 1000 Words)
PATRIOT ACT College Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/politics/1504335-patriot-act-college-essay.
“PATRIOT ACT College Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/politics/1504335-patriot-act-college-essay.
  • Cited: 0 times

CHECK THESE SAMPLES OF The USA PATRIOT Act: the Signal for a Lasting New World

USA Patriot Act

the usa patriot act formulated by Congress was a result of the terrorist attack of September 11, 2001.... 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 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....
6 Pages (1500 words) Research Paper

USA Patriot Act 2001

The nation's security enforcers such as the FBI and CIA seemed to be powerless to stop such a strong opponent from attacking America because, as then senator Joe Biden explained it (“the usa patriot act: Preserving Life and Liberty “, n.... John Edwards (“the usa patriot act: Preserving Life and Liberty “, n.... hellip; usa patriot act 2001 Widespread fear and panic amongst the citizens of America due to the fear of a 3rd terrorist attack led congress to pass a law that they felt would give the government more security and control over the situation....
3 Pages (750 words) Research Paper

The USA Patriot Acts Provisions

"the usa patriot act's provisions for certification and mandatory detention contravene the Fifth Amendment's guarantee of due process of law" (2002, p.... "the usa patriot act contains a number of provisions that may be used by federal law enforcement authorities to seize and forfeit the assets of terrorist organizations, assets that are derived from terrorist acts, and assets that are intended to be used to commit terrorist acts in the future" (Cassella 2002, p....
4 Pages (1000 words) Essay

USA Patriot Act 2001

the usa patriot act is an acronym to "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001".... the usa patriot act 2001 was a result of terrorist attacks which hit America on September 11, 2001.... Sana Osman English 20 November 2008 USA Patriot Act 2001 the usa patriot act is an acronym to "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" (Gross and Aolin 177)....
2 Pages (500 words) Essay

The USA Patriot Act as a Threat

the usa patriot act serves as an anti-terrorism act.... the usa patriot act serves as an anti-terrorism act.... President Bush had officially signed the usa patriot act on the 26th day of October 2000.... Procedures The procedures that are under the modification of the act are the following: the authorities are permitted to pen register and trace and trap orders that are made through the use of electronic communications such as deals done through the electronic-mail or the like the nationwide implementation for pen registers, trap and trace devices, and the access to the communication records and stored electronic mails are authorized the stored voice mail and telephone conversations stored can be treated by the authorities the interception of communications from an intruder or to the intruder inside the computer system by authorities are permitted but with the system's owner's permission the authorities are given the authority to put the terrorist and computer crimes to the offense list protection for the authorities are supported by the Patriot Act the Patriot Act of the USA aims for the foreign intelligence investigators' and the law enforcement's cooperation those who are on the authority and the government personnel, under the Patriot Act are protected for some of the communications privacy violation Protective Measures of the Patriot Act the usa patriot act had designed protective measures for the authorities....
7 Pages (1750 words) Essay

American Politics - USA Patriot Act

Congress approved the usa patriot act on October 26, 2001, scarcely six weeks after the terrorist attacks on the World Trade Center and the Pentagon.... In the rouse of such news, some officials in Congress see flaw and an prospect to burn down one of President Bush's fundamental weapons in the war on terror: the usa patriot act.... the usa patriot act, petite for Uniting and intensification America by providing suitable Tools necessary to interrupt and hinder Terrorism Act, is not one unconnected law....
7 Pages (1750 words) Essay

USA Patriot Act

the usa patriot act is a violation of civil liberty, first it gives the government power to conduct search and spy on individuals at will.... Surveillance Under the usa patriot act.... du par 2-4). The US Patriot Act gives the government more power in four key areas (American Civil usa patriot act: Violation of Civil Liberties Under the Bush administration, the U.... The US patriot act gives the government more power in four key areas (American Civil Liberation Union par 3)....
1 Pages (250 words) Essay

The USA PATRIOT Act

This assignment "the usa patriot act" will provide information about the PATRIOT Act that modified numerous laws including the Family Education Rights and Privacy Act, Right to Financial Privacy Act, Fair Credit Reporting Act, and Immigration and Nationality Act.... hellip; The name itself, the patriot act is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.... The given purpose of the patriot act was “To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes” (Robinson, 2005)....
7 Pages (1750 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us