Does the Patriot Act ensure security or liberty of Americans?
Introduction
On 26th October 2001 the U.S. Congress passed the Patriot Act and was signed by President George W. Bush to make it a law. This was catalysed by the terrorism that took place on 11th September. This Act is written in three hundred and two pages of the American constitution. The U.S. Patriot Act is also stated as ‘Uniting and Strengthening America Act by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001’(Anderson, 2003). The act describes terrorism both in domestic and international levels. Terrorism is defined as a politically stimulated violent behaviour committed against non warfare targets by sub state groups. Terrorism has the following characteristics; it is motivated by politics, this makes it different from hooliganism, it is aimed at terrorizing the public or a part if it and has a random target to frighten everyone (Anderson, 2003).
What is terrorism?
When a person violates the laws of the United States by doing an act that threatens the life of a human being then it is defined as terrorism according to the U.S Patriot Act. These violations include acts such as those intended to intimidate the citizens’, to intimidate and influence a government policy, mass destruction and assassination with the aim of affecting the government way of conduct (Michael, 2003). If all the above acts happen within the national boundaries then it is a domestic terrorism but if it is outside it is an international terrorism. Examples of acts that could be regarded as domestic terrorism include campaigns organised by activists and organizations such as the Greenpeace, Vieques Island and Operation Rescue.
The Vieques Island protest was termed as a domestic terrorism because people tried to intimidate and influence a government policy. The protesters attempted to disrupt bombing exercises in a military base (Michael, 2003). This was against the law because it endangered the life of civilian.
The surveillance laws of the nation were revised giving domestic agencies involved in law enforcement increased ability to spy on the citizens. The agencies were allowed to search communications done through telephones and e-mails. It also has the ability to search the medical and financial records of the citizens. This Act eliminated the checks and balances on judiciary that ensured the rights of many Americans were not abused (Michael, 2003).
Enacting the Patriot Act
The Act was enacted in response to the attacks by Islamic terrorists. On this day of attack, four planes belonging to U.S were hijacked. The Twin Towers of the New York’s World Trade Center was destroyed by the crushing of two planes. The Pentagon in Washington was targeted using one of the four planes and another plane crashed in Pennsylvania field (Linden, 2002). On this day, war on terrorism was declared by the president, George Walker Bush. Senators from the two political sides were forced to accept the Act without discussion or amendments. The judiciary committee presented the compromise bill but it was ignored (Anderson, 2003). The senate preferred a bill that was according to their version. The Act was passed giving the law enforcement more power to prevent terrorism in the country. Policies on defence, health care, education and financial system were promoted (Anderson, 2003). The whole nation was in fear that there would be another attack from the Afghanistan.
Investigative tools
The Patriot Act gave the law enforcement agencies permission to use different investigative tools. These tools include pen registers, trap and trace devices. When a pen register is installed, all dialled phone numbers from that phone line are collected. Expansion of the pen register has made it possible to capture electronic communications done through the internet example the e-mails and surfing.The trap and trace devices captures all received call numbers. An example of the trap and trace devices is the ’called id box’. The trap and trace device has been greatly expanded to collect electronic impulses. The captured impulses are used to provide the dialling, signalling and source information during the electronic communication (Ronczkowski, 2004).
The carnivore system was revealed in July 2000. Every web browsing that is monitored by the Internet Service Provider has its communication accessed by the FBI (Mahan & Griset, 2003). This interferes with the privacy of most citizens who are not suspects. When a government protected information is accessed through hacking or cracking the responsible person or group is wiretapped. This is a computer crime and need to be investigated.
The government uses secret searches as an investigative tool. When a group or a person is suspected, a search is done within a very short notification period. Depending on the type of investigation, the notice may not be given at all. Hardcopy information is also used in the investigation process. Things like papers, records, books and documents provide vital information to the government during investigation process (Ronczkowski, 2004). Relevant information about the person being investigated can be gathered from these records. This source of information include business, library, medical, and educational records. Voice mail messages are also used by the government as an investigative tool.
Impact of the Act on Information development
The Patriot Act has a great effect on the information development of the United States. Most law abiding citizens feel that their right to privacy in the electronic communication and other online activities has been greatly violated. The use of surveillance tools by the domestic Law Enforcement and the Foreign Intelligence Surveillance make it hard to have information privacy (Ball, 2005). The web sites visited by innocent Americans are being monitored by the government.
The Federal Bureau of Investigation is able to gather information from one phone to the other and from one computer to the other by use of wiretaps that are installed nationally. The Internet Service Providers deny subscribers privacy by submitting all the online communications to the law enforcement (Schepper, 2006). It provides information of payments done by use of a credit card or the bank account numbers. The expansion of the Foreign Intelligence Surveillance Act gave the foreign intelligence agencies permission to spy into the country. This has greatly affected the information development in the country because most people feel threatened.
The Intelligence and law enforcement entities
There are two entities that carry out surveillance; Foreign Intelligence Surveillance and Domestic Law Enforcement. The FIS should be given orders by a secret court allowing it to carry out surveillance on a suspected foreign criminal. The order of interception is given for three months or up to one year (Ronczkowski, 2004). When a secret search is done it may take forty five days or more. This entity is given permission by the court to collect the records of a suspect in very few situations. Carrier and travel records are some of the relevant records collected. When the intelligence entity use the pen and trap devices as investigative tools they check whether the devices were used to communicate to a foreign group.
The Domestic Law Enforcement entity uses the police to collect information. Police listen to telephone conversations or access the electronic communications of citizens. The surveillance is allowed to take up to thirty days after which they should give a reply to the court (Ronczkowski, 2004). The Patriot Act allows the entity to carry out a secret search on the premises of a suspect without notification until later. The law enforcement has unlimited access to electronic information and transaction activities of a subscriber whose connection is monitored by the ISPs (Linden, 2002). The law has tried to ensure that information gained by foreign intelligence is not disclosed to the domestic law enforcement. This way the rights of Americans are not violated by the foreign intelligence surveillance.
Aims of the Act
The Act was aimed at increasing domestic security. This was to be achieved through giving enough funds for counterterrorism. The surveillance activities were strengthened by use of wiretaps, pen register and trap devices, carnivore system and others. To prevent currency crimes, businesses involved in transmission of illegal money and its smuggling in and out of the country were stopped. The law also aimed at controlled immigrations with much scrutiny on foreigners. There was increased protection at the borders especially at the North (Ball, 2005). To assist investigations, rewards were given to those who helped in combating the terrorists. The criminal laws were empowered against the terrorists.
Impact of the Act on citizens
The Patriotic Act makes the Americans ‘feel less free’. The law allows the FBI to interfere with the private electronic communications of the citizens. This is through the use of wiretaps and voicemails (Ronczkowski, 2004). Before the Act was enacted the FBI agents could listen to the voicemails but they did not use them as evidence against a suspect. With the search warrant the police are given permission to invade the house of a suspect. The agencies may hire a judge who will give them the order to search without meeting the set constitutional requirements.FBI is able to search the records of law abiding Americans without a court permission, this makes them feel unsafe and less free in their own nation. The Act also allows the Attorney General to order the detention of a suspected terrorist (Ball, 2005). In most cases innocent citizens have been detained. Some countries like British Columbia outsource their confidential records to big companies in America. Increase in surveillance threatens the confidentiality of these countries (Ball, 2005). The Patriot Act should be revised.
Conclusion
Even in the presence of this Act, terrorism attempts are experienced in United States. On April 25, 2008 a Federal Express was destroyed by a pipe bomb in San Diego and on March 2008 at the military recruiting station in Times Square a bomb went off (Linden, 2002). Therefore the Patriotic Act denies people freedom in their own country and does not provide maximum protection against terrorism.
Reference
Anderson, D. (2003). The terrorist Attacks of September 11, 2001.New York: Free press.
Ball, H. (2005).U.S.A Patriot Act of 2001: balancing civil liberties & national security. California: ABC plc.
Linden, E. (2002). Focus on terrorism, volume 2.New York: Nova publishers.
Mahan, S. &Griset, P. (2003).Terrorism in perspective. California: Sage plc.
Michael, G. (2003). Confronting right-wing extremism and terrorism in the U.S.A. New York: Routledge publishers.
Ronczkowski, M. (2004).Terrorism &organised hate crime: intelligence gathering analysis and investigations. New York: CRC press.
Schepper, B. (2006).The U.S.A Patriot Act: antiterror legislation in response to 9/11.New York: Rosen plc.