The USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) Act was enacted by Congress in 2001 in response to the September 11, 2001 terrorist attacks, and “vastly expanded the government's authority to spy on its own citizens, while simultaneously reducing checks and balances … and the ability to challenge government searches in court”, (ACLU, 2010). The act permits investigators to conduct searches, authorizes nationwide search warrants for terrorism (including electronic surveillance), and delay notification to suspects if it could jeopardize the investigation (Fox News, 2003). The PATRIOT Act and various portions of its provisions were reauthorized in 2005, 2006, 2010, and 2011.
Provisions
The PATRIOT Act allows the government’s surveillance powers to be increased in four aspects: searching records held by third parties; secretly searching private property without notice to the owner; expanded an exception to the Fourth Amendment that were originally for foreign intelligence; and expanded another exception to the Fourth Amendment regarding information about the origin and destination of communication, (ACLU, 2010). Title I creates a special fund for counter-terrorist activities while increasing funds available to the FBI’s Terrorist Screening Center, and expanded the President’s authority in times of terrorist acts, (US Congress, 2001). Title II enhances surveillance gathering and covers all portions of surveillance of terrorists and its related activities. It allows the expanded gathering of foreign intelligence from non- and US-citizens, and removed the requirement that shows a suspect is a non-US citizen. It also expanded wiretapping and surveillance to allow monitoring of internet traffic and further allowed any district court judge to issue those types of warrants. Law Enforcement Agencies can now collect electronic communications without a wiretap and included the non-requirement of voluntary disclosure of monitoring by the internet service providers. Additionally, subpoenas to internet service providers include a myriad of information, including payment method, which may include bank accounts or card numbers used. Title II also allowed “sneak and peek” warrants – warrants that allowed delaying the notification time to search warrant subjects. Roving wiretaps were permitted, in which wiretaps were used that were not linked solely to one device; they were able to tap any and all of a subjects communication devices, regardless if they were covered in the original wiretap request. There was also a portion that permitted the FBI to request records, including more specifically library records, (US Congress, 2001). Title III is intended to detect, deter, prevent and prosecute money laundering and financing terrorist and their organizations. It required better recordkeeping for banks and placed some restrictions on foreign banks. It also included penalties for corrupt officials and banks, (US Congress, 2001). Title IV allows for more power for border security agents, including increasing the budget for the Border Patrol, increasing its staff, and presence along both borders. …show more content…
There are portions that allow the removal of non-citizens and their family members if they are part of any organization that endorses terrorist activities, and further allows for indefinite detention of any foreign nationals. The definition of “terrorist activities” was also broadened to include aiding with dangerous items (more specifically non-firearms or explosives), aiding with material items, monetary support, transportation, funding, or even training, (US Congress, 2001). Title
Provisions
The PATRIOT Act allows the government’s surveillance powers to be increased in four aspects: searching records held by third parties; secretly searching private property without notice to the owner; expanded an exception to the Fourth Amendment that were originally for foreign intelligence; and expanded another exception to the Fourth Amendment regarding information about the origin and destination of communication, (ACLU, 2010). Title I creates a special fund for counter-terrorist activities while increasing funds available to the FBI’s Terrorist Screening Center, and expanded the President’s authority in times of terrorist acts, (US Congress, 2001). Title II enhances surveillance gathering and covers all portions of surveillance of terrorists and its related activities. It allows the expanded gathering of foreign intelligence from non- and US-citizens, and removed the requirement that shows a suspect is a non-US citizen. It also expanded wiretapping and surveillance to allow monitoring of internet traffic and further allowed any district court judge to issue those types of warrants. Law Enforcement Agencies can now collect electronic communications without a wiretap and included the non-requirement of voluntary disclosure of monitoring by the internet service providers. Additionally, subpoenas to internet service providers include a myriad of information, including payment method, which may include bank accounts or card numbers used. Title II also allowed “sneak and peek” warrants – warrants that allowed delaying the notification time to search warrant subjects. Roving wiretaps were permitted, in which wiretaps were used that were not linked solely to one device; they were able to tap any and all of a subjects communication devices, regardless if they were covered in the original wiretap request. There was also a portion that permitted the FBI to request records, including more specifically library records, (US Congress, 2001). Title III is intended to detect, deter, prevent and prosecute money laundering and financing terrorist and their organizations. It required better recordkeeping for banks and placed some restrictions on foreign banks. It also included penalties for corrupt officials and banks, (US Congress, 2001). Title IV allows for more power for border security agents, including increasing the budget for the Border Patrol, increasing its staff, and presence along both borders. …show more content…
There are portions that allow the removal of non-citizens and their family members if they are part of any organization that endorses terrorist activities, and further allows for indefinite detention of any foreign nationals. The definition of “terrorist activities” was also broadened to include aiding with dangerous items (more specifically non-firearms or explosives), aiding with material items, monetary support, transportation, funding, or even training, (US Congress, 2001). Title