The Patriot Act: How Necessary Is It?

The Patriot Act: How Necessary is It?

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56), also known as the US Patriot Act was passed by President Bush in September of 2001. The Patriot Act gives government officials both domestic and international legal clearances to wire tap electronic communications, related to terrorism. It also eliminates the checks and balances that previously gave courts the power to protect the personal rights of citizens and visitors of the United States, thereby allowing government officials to spy on us. The Patriot Act was designed to enable communication easily between government organizations, without the evidence needed to get these wire taps. What this really did was allow a more liberal approach to search and seizure. Though the act was designed for counter intelligence against terrorism, it has been used in non-terrorism related actions.

Congress passed the USA Patriot Act is in response to the terrorists' attacks of September 11, 2001. This act was passed for law enforcement and foreign intelligence purposes. It gives the treasury more power to combat funding of money laundering that is believed to be related to terrorism. It has the power to detain immigrants and to deport those who are already declared citizens. There are critics who believe that its boundaries expand much further than necessary while others say the exact opposite. Prior to the Patriot Act there was a multi level system designed to guarantee rights deemed necessary

in the constitution. This system ensured that you could not just tap someone's phone or read their email without providing proper evidence to convince a judge or a subpoena. It basically gives government officials immense power. There does not even have to be hard evidence.

The American Library Association of Research Libraries, say that the legislation "Threatens the rights of the public and undermines the confidentiality that is crucial for the flow of information needed for the provision of library services and, importantly, the vitality of our democracy."(American Libraries) Because the act does not require a warrant to get a wire tap or keep track of people's internet activity. The libraries feel that if the government is allowed to track internet usage that their patrons would refrain from library computer use. Passed only forty five days after September 11 2001 the patriot act expands the government's power "fight terrorism domestic and abroad" to help government agencies better communicate. The Act allows for, increased the ability of law enforcement agencies to search telephone and email communications and medical, financial, and other records; eased restrictions on foreign intelligence gathering within the United States; particularly those involving foreign people and enhanced the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism. The act also includes domestic terrorism as a form of terrorism thereby giving the government for freedom

Even though it passed through congress with little opposition, many are saying that it disregards individual's civil liberties. US Senator Russ Feingold was the only senator to voice objections, a few of the main objections would be the "sneak and peek" which allows for search and seizure without the individuals or business knowledge. National Security Letters have been used more regularly to investigate telephone, email and financial records without a court order. It also expanded to include government records library and financial records. Granted some of the changes have been brought in front of the Federal court and were ruled unconstitutional, but that does not stop the misuse of the act. "An audit revealed that as many as 22% of NSL requests issued in 2003-2005 were not recorded in the official NSL tracking database maintained by the FBI's Office of the General Counsel. The number of NSL requests in 2005 was approximately 47,000, up from 39,000 in 2003; more than half of the requests in 2004-2005 targeted U.S. citizens." (American Libraries)

On August 26, 2005, The New York Times reported that according to the ACLU, The FBI is demanding library records from a Connecticut institution as part of an intelligence investigation. This would be the first confirmed example in which the Federal Bureau of Investigation has sought library records, federal officials. The ACLU said that he government did not seek the records under section 215, but instead used "National Security Letters," which are the FISA equivalent of grand jury subpoenas and do not require a court order and thus are easier to use than section 215." One