...The Patriot Act Vs The United States Constitution Khadija Nurul Hasan Chaffey College The Patriot Act Vs The United States Constitution The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, or Patriot Act was passed on October 24th, 2001 with almost all legislators in favor of it. The terrorist attacks on the Pentagon and the World Trade Center on September 11, 2001, sparked a nationwide desire for heightened security and increased abilities for law-enforcement agencies to track and stop terrorists. Thus, the Patriot Act was created in response, and passed with the aim of battling terrorism. However there are always two sides to any passing of a political law: those who support it and those who oppose it. Those who support the Patriot Act have consistently countered that the provisions of the Act are necessary to protect the people from future terrorist attacks, and that the law does an adequate job of protecting individual civil liberties; while those who oppose it argue that the Act is an egregious assault on individual liberties as it violates their constitutional rights. The hypothesis of this paper is to dissect and analyze Sections of the Patriot Act to see if they are in violation of the United States Constitution. Specifically the paper will analyze Sections 505, 215 of the Patriot Act to see if they violate the Constitution. The first violation in question comes from Section 505 of...
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...For instance, one of the Act’s provisions permits law enforcement authorities to use National Security Letters issued by FBI officials instead of warrants authorized by a judge. Thus, with these relatively low standards of proof warrants the Act permits federal agents to access wide range of personal information, such as medical, library, educational, financial, and travel records. In addition, the new law amends Privacy Act and Family Educational Rights by allowing law enforcement authorities to request and obtain student information “in conjunction with a terrorism investigation” (Hockeimer 2). It also grants intelligence authorities to secretly search suspects’ homes without any initial notification if the latter has “an ‘adverse result’ on the investigation” (Kassop 6); what is more, it prohibits “subpoenaed” business from telling anyone whose records were requested and investigated by FBI (Swartz “PATRIOT Act’s Reach Expanded” 1). As Barbara Dority, the president of Humanist of Washington, makes the case in her article “Your Every Move” published in The Humanist, the PATRIOT Act further broadens a definition of domestic terrorism describing it as “act[s] dangerous to human life that...
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...precedence set by former president Franklin Delano Roosevelt. The divulgence of information obtained without authorization from either the sender or receiver was expressly prohibited via the telecommunications act of 1934. The FDR administration interpreted that wiretapping was legal as long as the information was not divulged. Subsequently, many legal battles began and congress as well as the Supreme Court began inhibiting surveillance by the government in favor of constitutional protections and rights. This led to emergence of secretive surveillance by the FDR administration. The Foreign intelligence and surveillance act of 1978 sought to legaly reintroduce surveillance but in most cases required judiciary authorization. There are some exceptions written into the act that allows surveillance but for limited periods of time and/or requiring congress to formally declare an act of war. Previous precedence of the FDR administration and loopholes within the FISA act was basis for the Bush administration to carry on the legacy of unauthorized and unknown surveillance. Likewise, during this administration the Patriot Act was written and included language that further allowed surveillance beyond the scope of authorization required by the FISA act. Summary number two During the fall of 2011, Kisswanni wrote for The International Lawyer about the need for telecommunications interception and access regulations that are reasonable and do not necessarily violate...
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...as it led to the introduction of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Patriot Act). After this bill was introduced, there was a lot of critique regarding the legitimacy of the document. It was argued that the Patriot Act was in violation with the First, Fourth and Fifth Amendments of the Bill of Rights. Especially the alleged violations regarding the Fourth Amendment were heavily debated. To determine...
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...The events of September 11th, 2001 potentially changed the legal structure of the United States. Following the terrorist attacks on the World Trade Center and the Pentagon, the President and Congress saw fit to protect the United States by passing a bill called the Patriot Act. The Patriot Act significantly expanded the powers of law enforcement by allowing law enforcement and intelligence agencies to use types of electronic surveillance that were previously only allowed with legal warrants (Ibid, 2001). Additionally, the Patriot Act allows government agencies to detain suspected terrorists for unspecified lengths of time in order to investigate their activities (Ibid, 2001). The detainment of terrorist suspects does not allow these individuals access to an attorney, a trial, or any other guarantee promised in the Constitution. The United States legal and judicial systems utilize a network of checks and balances to ensure that the rights of citizens, as enumerated by the United States Constitution, are not violated. These systems call for crime investigation to require a warrant issued by the judicial branch in order to execute any search or seizure of personal property, as declared by the Fourth Amendment of the United States Constitution (Madison, 1789). The framers of the United States started the Constitution with a Bill of Rights that set our inalienable rights. These rights are not allowed to be violated and the legal system is designed to protect these rights, even if...
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...crimes involving: • Computers • Computer systems • Computer applications. 2. Cybercrime consists of computer crime that takes place in cyberspace 3. The Internet facilitates a number of opportunities for crimes to occur. 4. Typical cybercrime abuses include: • Hacking • Spreading of viruses • Fraud • IP theft • Appropriation of trade secrets • Defamation B. The USA Patriot Act, 2001 1. The USA Patriot Act provided significant new powers to federal law enforcement agencies. 2. In conjunction with the Patriot Act, an executive order issued by President Bush expanded the power of federal investigators. 3. The Patriot Act and executive order strengthened the federal powers relating to: • Computer and cyberspace communication • Storage of electronic records 4. The U.S. Department of Justice,...
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...USA PATRIOT ACT OF 2001 The USA PATRIOT Act of 2001 is a 342-page, sprawling piece of legislation that contains more than 150 sections and amends more than 15 federal laws. The law's full name is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, hence the acronym USA PATRIOT Act. It deals primarily with combating terrorism and gives the executive branch of the federal government more tools to fight suspected terrorist activity, but it also aroused the anger of civil libertarians. Critics of the act have charged that the government gained the power to investigate and detain persons with little oversight from the courts. In the aftermath of the September 11, 2001, terrorist attacks, U.S. political leaders sought to address terrorism with new vigor. President George w. Bush and Attorney General John Ashcroft presented Congress with proposed legislation on September 17, 2001, that focused on intelligence gathering, immigration, criminal justice, and money laundering. The administration sought new powers to conduct searches of people suspected of terrorism; to detain and deport persons suspected of terrorist involvement; and to remove statutes of limitations on terrorism. In addition, the administration wanted the justice department to have the power to place wiretaps on the phones and computers of anyone suspected of terrorism. This initial proposal became the framework for the USA PATRIOT Act, which...
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...U.S. Department of Homeland Security Chris Cabral National American University Abstract The primary mission of the Homeland Security Act is to prevent terrorist attacks within the United States, reduce the vulnerability of the United States to terrorism, and minimize damage and assist in recovery for terrorist attacks that occur in the United States. The U.S Department of Homeland Security was established after the 9/11 attacks to counter terrorist activities against the United States. Homeland security is officially defined by the National Strategy for Homeland Security as "a concerted national effort to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage and recover from attacks that do occur”. The major objective of the Patriot Act is “to deter and punish terrorist acts in the United States and around the world to enhance law enforcement investigatory tools" by dramatically reducing restrictions pertaining to law enforcement requests to search telephone records, e-mail communication, and health records. The Patriot Act allows for the emergency disclosure of electronic communications to protect life and broadens the definition of terrorism to include acts of domestic terrorism. Under the Foreign Intelligence Surveillance Act, the Patriot Act allows the director of the Federal Bureau of Investigation or a designee of the director to apply for an order requiring the "production of any tangible things (including...
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...Amendment (Cetina 2013). The Foreign Intelligence Surveillance Act (FISA) became necessary in the 1970s after turmoil surrounding the legality of various domestic intelligence activities, especially that of President Richard Nixon’s usage of federal resources to spy on political and activist groups. In response to these conflicts in 1978 FISA was created (Banks 2007). FISA essentially regulated and authorized electronic surveillance of foreign powers and agents of foreign powers in the United States. FISA Court was created to setup a standard set of rules while obliging by government’s need to obtain surveillance orders secretly and as quickly as possible. However as a result of our changing world FISA has become a drastically more complicated law than when it was originally passed in 1978, and the role of the Foreign Intelligence Surveillance Court (FISC) has accordingly grown far beyond the bounds of what government envisioned when the law was created (Blum 2008). FISA has proven to be troublesome in multiple ways for both intelligence gathering agencies, and those concerned with its potential violation of the 4th Amendment and various privacy concerns. It has proved to be a bureaucratic burden for intelligence gathering agencies, but also increased scrutiny from the public about concerns surrounding the 4th Amendment. The best way to revive balance between keeping American safe from foreign threats and the constitutional viability of foreign intelligence surveillance is to forego...
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...Effects of USA PATRIOT Act on Banking Privacy Introduction On September 11, 2001, the United States was attacked by the terrorists and the attack has completely changed the way we live and work. Its impact is so immense that it covers almost every aspect of our life including the privacy protection policy in the banking industry. After the September 11 terrorist attack, the U.S. Congress passed a law, the USA PATRIOT Act that makes it easier for government law enforcement and intelligence agencies to gather and share information related to terror-related investigations and it has changed how the banking industry or financial institutions handle the privacy of their customers’ personal information. The purpose of this research paper is to explore the effects of the USA PATRIOT Act on banking industry’s handling customers’ private personal information. Some Background Information and History of Banking Privacy The USA PATRIOT Act is not an official title of the law. It is the acronym of the very long title of the Act: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. It was signed into law by President George W. Bush on October 26, 2001. But, before 2001, do we have any law that provides guidelines for the privacy of banking industry in the United States of America? Surely, there are several laws that are related to the financial institutions and the privacy protection policy...
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...Constitutional Law Dr. Wilson April 22, 2014 Search and Seizure Response Paper I believe that the courts have put in place certain safeguards and limitations that ensure police officers do not interfere with an individual's Fourth Amendment rights. I could go into how search and seizure is defined and what is necessary for a warrant, but I want to go into a different direction and discuss how technology is changing the meaning of ; "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." These few words are meant to guarantee every person in the United States two basic liberties; the right to privacy and freedom from arbitrary intrusions. With advances in new technology, the phrase " unreasonable searches has become somewhat blurred. In Katz v United States, the Supreme Court ruled that although Katz was in a public venue (i.e. a phone booth with the door closed), he still had a reasonable expectation of privacy. This was the Supreme Court's attempt to make the Fourth Amendment adaptive to the changing surveillance technology. Although the court ruled in favor of the Defendant, there is still a lengthy gap between the availability of new technology to law enforcement and laws regulating...
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...Criminal justice system is forever changing to protect and server society. Relationships between the United States government, state, and local policing looking at programs from the past, need changes for the future. State and local law enforcement responsibilities, and functions in fighting crime by enforcing laws, apprehending offenders, preventing crime, and preserving the peace, has changed since September 11, 2001. State law enforcement is expanding their responsibilities, changed from acts of terrorisms, new laws, and procedures of new types of crimes. Cyber-crime, new technology, terrorism, immigration, drug, and human trafficking contributing for changes in laws nationally and international. Need to identify and assess recent and future trends that affect the criminal justice system (Homeland Security and Law Enforcement” 2009) Western law combines contributions from ancient laws and Common law. The structure of laws came from England, their Bobbies (police officers), statutory, and case law. Sheriffs were the town’s authority, received taxes, and gave out punishment and banishing citizens. Common law highlighted in 1811 when English prison reformer and jurist, Jeremy Bentham wrote to President James Madison offering to codify the law of the United States. The bases of the nation’s laws are from the Constitutions, peruses as a constraint on police power the government can enact, guarding personal liberties. The Bill of Rights and the Fourth, Fifth, Sixth, and Fourteenth...
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...the security we have now. In order to prevent this from happening again our government developed polices in order to counter act and mitigate the threats of ongoing terrorism. Department of Homeland security is formed as a separate agency of the government to secure our nation from the acts of terrorism. The agencies sole purpose is to keep us safe and to prevent the attacks of the terrorism. In the development of the policies and counter terrorism tactics the government face different issues? In this essay we are going to look at how these issues affected...
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...The Children’s Internet Protection Act (CIPA) is a federal law which was passed by Congress to allocate the offensive content over the Internet. The Children's Internet Protection Act (CIPA) requires that K-12 schools and libraries in the United States use Internet filters and implement other measures to protect children from harmful online content as a condition for the receipt of certain federal funding. It was signed into law on December 21, 2000 and was found to be constitutional by the United States Supreme Court on June 23, 2003. CIPA obligates the schools and all public libraries to require filters on their computers to stop minors from accessing sites that are not appropriate. (Federal Communications Commission, n.d.) The (CIPA) was passed in December 2000. The main purpose of the CIPA is for the protection of children from obscene, child pornography and other dangers of the internet. CIPA does not precisely state what kind of filtering systems to use. This is the third law that Congress has passed to allocate concerns about the children’s access to the inappropriate Internet sites and it is the only one “that the U.S. Supreme Court found constitutionally defensible.” (Minnesota House of Representatives House Research, 2004) Our kids face online predators and other inappropriate things in chat rooms, online games, pictures of teens drinking, drugs, sexual messages, and even false information about them written online before they are eighteen. (Covenant Eyes, 2012)...
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...Constitutional and Administrative Law Pad525 Week 8 Cyber-terrorism Submitted By Rodney Leak rodneyleak@gmail.com Submitted To: Dr. Udoh Udom May 27, 2011 If you have thoroughly read chapter 11 of Cooper, you would appreciate his analysis of the problems presented in the acquisition, use and dissemination of information. Information is power - this is why we are studying PAD 525. The government needs information for national security purposes. Terrorists and hackers find ways to access sensitive information from the government. National secrets are at bay. Individual identities are no longer private because personal information are easily accessible along cyber-highway. If you have also read the Patriot Act, you will note enormous anxiety on the part of the government to search for and use information for national security purposes. The government is not only trying to contain politically motivated terrorism, it is also trying to contain cyber-terrorism. Examine the security challenges and threats facing the US government through the lenses of the emerging cyber-security threats. Currently we are experiencing a boom in technology from computers that lets you stream movies to you television to phones that lets you take pictures and gives your exact global positioning systems location (gps). Here is the issue with all of the newly created science and research for development of these programs, there is someone who is vigorously trying to break into to cause...
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