...The Patriot Act: A Constitutional Analysis Andrew Mills University of Memphis Abstract “The USA Patriot Act, enacted seven weeks after the September 11 attacks, granted the federal government sweeping new powers to expand surveillance, curtail financing, and deport aliens in connection with terrorist activity” (Stanford, 2003). This quote embodies the reasons for the heated controversy surrounding the Patriot Act. Whether one discusses the brief period of time leading up to the signing of the Patriot Act or the numerous provisions that resulted from the passing of this bill, individuals will likely have clashing viewpoints. The vast majority of the controversies surrounding the act involves whether or not it falls in line with the U.S. Constitution. Opponents of the act argue that it should have never passed through Congress due to its unconstitutionality. Those who support the Patriot Act often use its success in fighting terrorist threats as a reason to maintain it. After analyzing the bill and its provisions, its successes were made apparent, as well as its unconstitutionality. The Patriot Act: A Constitutional Analysis The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, commonly known as the USA Patriot Act (USAPA), was signed into law during one of the most distressing periods in American history. Its hasty introduction spawned controversy across a variety of political spectrums. Concerns regarding...
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...May The President Wiretap Without A Warrant To Protect National Security? The President, the one man with the most power with in the United States, the commander and chief of our country. Even though the President has such high power, they still must follow a set of rules called the Constitution. All wiretapping of American citizens by the National Security Agency requires a warrant from a three-judge court set up under the Foreign Intelligence Surveillance Act. Without a warrant you are violating the Fourth Amendment. Which is 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. I believe that no matter how high in power you are, you must follow our Constitution, just like citizens are supposed to follow the laws. A lot of this eavesdropping came to light during Bush’s Presidency, when he introduced the Terrorist Surveillance Program. The NSA was authorized by executive order to monitor, without search warrants, the phone calls, Internet activity, text messaging, and other communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lies within the U.S. However, it has been discovered that all U.S. communications have been digitally cloned...
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...next forty plus years. By 1986 a new amendment had been written in response to the ever-changing technological advances. The 1968 law only protected individuals who communicated through telephone calls. The Electronic Communications Privacy Act of 1986 took it a step further to focus primarily on any email that would be transmitted as well as stored in any type of storage device. The biggest improvement came when the Patriot Act of 2001 was instated in response to the September 11th attacks. This new law expanded the reach of the government into electronic communications. Search warrant privileges were expanded so that law enforcement could access electronic information on a computer or voice mail through a warrant rather then using a wiretap (Morgan, 2014). Unfortunately, this law was passed...
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...James Newberry Andrea Janovic Soc 111 21 April 2013 The Patriot Act Is Unconstitutional On September, 11, 2001, terrorist attacked the World Trade Center and the Pentagon. They were probably going to attempt to fly a fourth plane into the White House. Most of us remember that day, where we were, and even what we were doing that morning; I know that I do. We all felt helpless and defenseless on that September day, and our overwhelming national response was to apprehend the people who had perpetrated this heinous act upon America. A week after the 9-11 attacks President Bush submitted a legislative proposal to combat terrorism called the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Patriot Act). The Act passed in the Senate without debate. After minor changes were made in the House, the complex, 342-page bill passed 357 to 66 and was signed into law on October 26, 2001. This seemingly innocent law designed to protect Americans has had the opposite effect, eroding the civil liberties of U.S. citizens and non-U.S. citizens residing in the United States today. Shortly after 9/11 the government secretly arrested and jailed some 1,200 people in its investigation of September 11; they refused to divulge the number of arrests, the names of their lawyers, 0r even the reason for their arrests. Most of those arrested were Arabs...
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...of Appeals for the Ninth Circuit, held that Ashcroft could personally be sued and held responsible for al-Kidd's wrongful detention in 2009 (oyez.com). In an 8-0 opinion written by Justice Scalia, the US Supreme Court found that “(1) The objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the ground that the arresting authority allegedly had an improper motive; and (2) because former Attorney General Ashcroft did not violate clearly established law, he is entitled to qualified immunity. (Kagan, J., recused)” (oyez.com). Justice Kennedy filed a concurring opinion, joined by Justices Ginsburg, Breyer, and Sotomayor pertaining to the first part. Justice Ginsburg filed an opinion concurring in judgment only, joined by Justices Breyer and Sotomayor. Sotomayor filed an opinion concurring in judgment as well, which Ginsburg, and Breyer joined. Justice Kagan recused herself and took no part in the consideration of the case. General Neal Kumar Katyal, who argued on behalf of the petitioner, said that there are three reasons why the petitioner should not be held personally liable for money damages: 1. “Individual prosecutors cannot be held responsible for executing their duties no matter their motives” (oyez.com) 2. “The Fourth Amendment was not violated, and, therefore, qualified immunity applied” (oyez.com). 3. (He never really got to the third argument, but I think it had something to do...
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...assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain all other powers. The relationship between the national...
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...w/proper functioning of computers (hackers, viruses) 2. traditional crimes = traditional criminal offenses facilitated by computers (gambling, pornography) B. Computer Crime v. Traditional 1. computer crime usually threatens economic interests more than physical 2. computer crime much more likely to cross state boundaries; most traditional crime is dealt with by the states II. COMPUTER MISUSE CRIMES A. 2 ways they can occur 1. user exceeds his own privileges a. “insider”: has some privileges/rights 2. user denies privileges to others b. may be an “outsider”: no access rights B. Most Common Statutes 1. unauthorized access statutes 2. computer fraud statutes 3. computer damage statutes C. Why Punish? 1. utilitarian: deterrence of harmful conduct, incapacitation, rehabilitation (looks forward) 2. retribution: just deserts; restore moral order (looks back) D. The Hacker Ethic: an open and free approach to using and exploring computers; any computer user has the right to tinker with and improve any computer; rules governing access should NOT be followed 1. misuse can improve security E. How or When to Punish 1. Property-based view: the computer is not yours, so if you break in you should be punished; if you want access, you need permission 2. Harm-based view: the mere fact of breaking in does not create harm; need to have some financial losses ...
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...however it has not always been that way and they have had to fight to be treated equal. The main topics that will be covered in this paper will be the 15th Amendment, the creation of the NAACP, Malcolm X and the Black Muslims, Brown V. Board of Education of Topeka, Kans., Rosa Parks, Martin Luther King, and the Civil Rights Act and the Voting Rights Act of 1965. African Americans were slaves until the Civil War ended in 1865; however the United States was still divided on the rights of African Americans. African Americans even though they were freed from slavery they were not treated equally and did not have all the same rights as white folks did such as voting rights. The 15th Amendment was ratified in 1870 and stated “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." (Bowles, 2011, 1.1). This was an important step for African Americans to be treated equally in the United States. However it was just the beginning and the Southern States would try to fight this Amendment by created many different barriers for the African Americans to block their rights to vote. Some of these barriers that were used were poll taxes and literacy tests, along with intimidation and violence. Thomas Mundy Peterson of New Jersey became the first black person to vote because of the 15th Amendment. In that same year Hiram Rhoades Revels became the first African American...
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...or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is when a person tends to join groups but do little...
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...Chapter 22 COMPUTER CRIME: PORNOGRAPHY, FRAUD, HACKING AND GAMBLING CHAPTER SUMMARY The Internet, a relatively recent phenomenon, has caused a change in how laws may or may not apply to formerly traditional situations. Furthermore, the Internet has allowed criminals to perpetrate crimes that could not exist but for cyberspace. Chapter 22 examines computer crime and the statutes enacted to combat this growing problem as well as the erosion of our personal privacy. Freedom of speech, online gambling and cybermedicine issues are also examined in light of contemporary applications and influences resulting from the Internet. CHAPTER OUTLINE I. COMPUTER CRIME AND CYBERCRIME A. Definitions 1. Computer crime consists of 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. ...
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...Luther King, Jr. to the forefront as the focal point for nonviolence and peace. Despite the achievements that Rustin had accomplished during his career as an activist, he was beaten, silenced, imprisoned, and fired from different organizations mainly because of the fact that he was a gay man living at a time that homosexuality was not only frowned upon, but also it was outlawed. In this paper, I will explain all the contributions that Bayard Rustin had made to the Civil Rights movement during the mid to late 20th century and why he is not given credit for the other activities that he was responsible for. Writers and historians such as Lawrence Freedman have stated that Bayard Rustin was content with his status as an “intellectual engineer behind the scenes” 1. In their view, Rustin was a powerful man with such a powerful political philosophy that the leadership at the time had begun to constrict him. Other historians have argued that the main reason why Rustin was written out of the history books is because he stayed true to a social agenda that had benefited all groups who were oppressed at the time that the civil rights movement had grown to be politically narrow2. ------------------------------------------------- 1. Freedman, Lawrence. Strategy: A History. Oxford University Press 2013 p. 356 2. Anderson, Jervis. Bayard Rustin: Troubles I’ve Seen. Harper Collins 1997 p. 17...
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...Constitution From Wikipedia, the free encyclopedia For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117...
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...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...
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...ETHICS IN INFORMATION TECHNOLOGY Third Edition This page intentionally left blank ETHICS IN INFORMATION TECHNOLOGY Third Edition George W. Reynolds Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Ethics in Information Technology, Third Edition by George W. Reynolds VP/Editorial Director: Jack Calhoun Publisher: Joe Sabatino Senior Acquisitions Editor: Charles McCormick Jr. Senior Product Manager: Kate Hennessy Mason Development Editor: Mary Pat Shaffer Editorial Assistant: Nora Heink Marketing Manager: Bryant Chrzan Marketing Coordinator: Suellen Ruttkay Content Product Manager: Jennifer Feltri Senior Art Director: Stacy Jenkins Shirley Cover Designer: Itzhack Shelomi Cover Image: iStock Images Technology Project Manager: Chris Valentine Manufacturing Coordinator: Julio Esperas Copyeditor: Green Pen Quality Assurance Proofreader: Suzanne Huizenga Indexer: Alexandra Nickerson Composition: Pre-Press PMG © 2010 Course Technology, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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