Introduction
The enthusiasm of US administration for supervision of the human rights situation in other countries, obvious under annual reports of State department on this theme, outlines to what degree some samples of its lawmaking are controversial to democracy. This subject concerns US Patriot Act – a law given to US special services carte blanche for shadowing the private life of Americans in the context of their protection against terrorism. In essence, the US faces a dilemma of exclusive importance. Whether the volume of a civil freedom will all the same correspond to the constitution, or the total control of the authorities in the country of the mind conditions of the Americans will remain in whatever place they reside. This paper analyzes the US Patriot Act in terms of advantages and disadvantages divided between security and civil and constitutional rights.
The Patriot Act – Between Positive and Negative
As previously stated the main range of the advantages and disadvantages of the US Patriot Act lies within the problems of security, which have been found after the 11/09 attack, and the infringement of the rights of US residents resulting from implementing security measures.
Assessing the positive consequences of the US Patriot Act, the following main outlines might be considered:
- The Act patched the security gaps which were existent before 11/09 attack. Despite the criticism of the measures taken through the Patriot Act, it should be admitted that 11/09 attack unveiled the breach in security that allowed such attack to take place. The attack in many ways made a massive impact, where “For millions of Americans, it portended a grim new world order for the days ahead, where even the most secure society might be penetrated and devastated by a small band of determined zealots.” (Abdolian & Takooshian, 2003)
- The Act in a particular way proved to be effective. The starting point of the Act was the 11/09 terrorist attack which required an immediate and effective reaction. In the issue of the effectiveness, as of 2005, “Since its enactment, 395 people have been charged with terrorism related crimes, leading to over 212 convictions.” (Ryan, 2005)
- The Act improved the existent security practices. This point is similar to the first one; except that it is aimed to point out that the main sections of criticism in the Act were not newly introduced. For instance, searches without prior notice “have been standard law enforcement practice for years.” (Ryan, 2005)
Addressing the issues of criticism or the disadvantages of the Patriot Act, the following outlines might be considered:
- The loss of liberty, a disadvantage that outlines that a fulfilling neutral position in the procedures listed in the Act has not been reached between security and personal freedom, where “civil libertarians, libertarians, and many others have raised concerns that the nations involved are sacrificing their liberty to enhance their safety.” (Etzioni, 2004, p. 9)
- The denial of refugee protection. The US has provided a great help to the refugees who escaped the regime of dictatorial movements. However, the USA Patriot Act has raised ‘the bar’ in which many refugees has been denied access to asylum in the United States. A point of controversy occurs in the sense that “for many of these persons, the very circumstances that form the basis of their refugee or asylum claim—well-founded fear of persecution—are now grounds for inadmissibility to the U.S” (Campbell, 2007, p. 1)
- Different agencies authorities and possibilities for misuse. The Act made amendments FISA (Foreign Intelligence Surveillance Act) in a way that open whole areas for misuse by state agencies. These areas include cover situations such as permitting “unprecedented sharing of sensitive information across several independent agencies, including the FBI, CIA, INS, and other state and federal agencies” (Abdolian & Takooshian, 2003), and creating ‘nonresident alien loophole’ – a situation “When the government for whatever reason cannot meet the minimum requirements for targeting a United States person under FISA, it is free to obtain FISA surveillance authorization on a nonresident alien – perhaps someone close to the desired United States person – under greatly reduced standards, and all incidental incriminating evidence obtained against the desired United States person is admissible as secret evidence in a criminal prosecution against the desired United States person.” (Hund, 2007, p. 171)
Personal Opinion
The model of public safety implemented by the Patriot Act can be analyzed based on the specific timeline in which it was judged. For instance, right after the terrorist attack on 11/09 it seemed more or less comprehensible. However, after a couple of years when the revenge emotions passed, liberal America is revolted by the aggressive position of the executive power. Thus, the Patriot Act, which is an amendment of the previous law procedures itself, should be accordingly revised to establish a new balance, where the security and the safety would be just as important as the main Constitutional rights such as liberty and privacy.
References
Abdolian, L. F., & Takooshian, H. (2003). The USA PATRIOT Act: Civil Liberties, the Media, and Public Opinion. Fordham Urban Law Journal, 30(4), 1429+.
Campbell, E. (Writer) (2007). The PATRIOT Act’s Terrible Toll: Refugee Victims of the War on Terror [Article], Conference Papers — American Sociological Association: American Sociological Association.
Etzioni, A. (2004). How Patriotic Is the Patriot Act? Freedom versus Security in the Age of Terrorism. New York: Routledge.
Hund, B. (2007). Disappearing Safeguards: FISA Nonresident Alien “Loophole” is Unconstitutional. CARDOZO JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 15(1), 169-222.
Ryan, K. V. (2005). PATRIOT Act Has Major Advantages, Web.