Case Analysis

Introduction To Law

Spring, 2003

Protection or Privacy

By overturning a decision made by the Foreign Intelligence Surveillance Court, a special federal appeals court panel upheld a portion of the 2001 Patriot Act giving the U.S. Justice Department greater ability to monitor phone and e-mail communications. In the wake of the September 11th terrorist attacks, Congress enacted The Patriot Act, as proposed by Attorney General John Ashcroft. Attorney General Ashcroft hoped to give the agencies under his command a greater ability to track the activities and communications of possible terrorist cells in the United States.

Among other provisions the Patriot Act allows greater surveillance abilities by easing restrictions on the use of roving wiretaps. Roving wiretaps allow investigators to tap all phones and computer accounts the suspect is known to have used. Also reduced by the Patriot Act is the extent of judicial supervision by easing and at times eliminating the requirements needed to obtain a warrant to use wiretaps. However, critics have questioned and criticized The Patriot Act for eroding constitutional liberties provided by the first, fourth and fourteenth amendments.

The legislature has considered standards governing the constitutionality of such surveillance in the past. Title III of the Crime Control and Safe Streets Act of 1968 attempted to protect the fourth amendment by creating a judicial check. The fourth amendment protects citizens from illegal search and seizure; as a check, authorities must provide a judge or magistrate with probable cause that such surveillance will provide evidence