The FISA and the USA Patriot Act The Foreign Intelligence Surveillance Act (FISA) and the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) are two actions taken to aid in the efforts against terrorism in the United States. FISA was enacted in 1978 and the U.S. Patriot Act was enacted in 2001 (McAdams III, no date). Both Acts have been and will continue to be critical instruments to combat terrorism. However, the media has exploited these Acts in terms of civil liberties and has demoralized the truth behind them. This has led the public to misunderstand the purpose and process of both FISA and the USA Patriot Act. The FISA was enacted by Congressional legislation …show more content…
The Act provides the authority for the sharing of information between the intelligence community and law enforcement agencies in an effort to fight terrorism (McAdams III, no date). The Act allows law enforcement to use surveillance to combat terrorism, allows law enforcement to delay warrant notifications to prevent any negative impact to investigations, and under certain circumstances, gives federal agencies the authority to search business records as required to investigate terrorist activity (Department of Justice, no date). It also provides authority for law enforcement agencies to respond to terrorist activity and assist victims of computer trespassing (Department of Justice, no date). The USA Patriot Act updates and improves the FISA in an effort to fight the war on terrorism. However, the media has twisted the minds of the public into a different perspective of these …show more content…
US News reports the FISA and USA Patriot Act as a "privacy scandal" (Fox, 2013). NPR News reports the concern of "civil liberty[ies] groups" protesting the USA Patriot Act and the concern for the authorities to demand business records from various companies (Johnson, 2011, p.1). What the media fails to convey to the general public is the intent of these Acts is to combat terrorism and not to invade privacy. Millions of people travel the world every day snapping photos from their digital cameras and iPhones. Perhaps to capture a memory or an unusual event, and sometimes other people in the background. Are random photographs an invasion of privacy? The point is intelligence collectors are not interested in the daily communications of millions of citizens--they are interested in collecting information on terrorist and criminal activity. If this is the price we have to pay in order to make our country a safer place to live, then people shouldn 't complain. If the alternative is another attack like 9//11, maybe the anti-USA Patriot activists might think twice about their civil liberties. However, the Government is now considering changes to appease the
Recently the right to privacy has been severely threatened by the Patriot Act. The USA PATRIOT ACT, which was made a law on October 26, 2001 by president George W. Bush, let criminal investigators use whatever tools necessary to find terrorist attacks before they happened; USA PATRIOT ACT is short for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". This was made a law in response to the attacks on the Pentagon and World Trade Center in NYC on September 11, 2001. Law enforcement officials were given better resources to fight financial counterfeiting, smuggling and money laundering schemes that funded terrorists. The Patriot Act’s definition of terrorism also gave
For instance, the Act allows government interception of personal communication through wiretapping and other means. This enables the government to intercept communication among terrorism suspects. Law enforcers can also intercept personal communications of innocent citizens and non-citizens. However, patriot act supporters argue that electronic surveillance of people suspected to be a threat to national security has been in practice long before the patriot act. Secret hearings, warrants, and wiretapping have been around since 1978, based on the Foreign Intelligence Surveillance
Legislation was approved by the Senate Judiciary Committee that would allow roving wiretap powers in the Patriot Act for four more years (Is it legal?: PATRIOT Act vol. 59). A roving wiretap will be able to record the conversations of everyone in the area and is able to move. By reauthorizing roving wiretaps, it allows the recording of American citizens without their expressed permission. A court case where a U.S. District Court Judge named Richard Leon ruled that the NSA must stop collecting phone call data from a business network owned by J.J. Little and his law firm (Judge Issues Narrow Ruling in Challenge to USA PATRIOT Act).
1. The Patriot Act (Title II, Sec. 213) allows for the delayed notification of the execution of a search warrant. Under what circumstances can the notification be delayed? The Patriot Act upholds a standard for the protection of privacy while performing search and seizure actions under the emphases that a physical warrant document is issued to the person that the search is performed on.
Subsequent, to the September 11th,2001 terrorist attacks, the Department of Justice proposed The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) to prevent future terroristic attacks. According to Preserving Life and Liberty article, the PATRIOT ACT has played an imperative part in “a number of successful operations to protect innocent Americans from plans of terrorist dedicated to destroying America and our way of life.” Further, Rosemary Jenks emphases in her article “A Summary of the Anti-Terrorism Law’s Immigration – Related Provision” that the PATRIOT Act focuses mainly on “reinforcing the arsenal of tools available to the Central Intelligence Agency, the Federal Bureau of Investigation, and federal prosecutors for identifying and disabling terrorist networks operating both
The U.S follows a different school of surveillance. Despite the fundamental right to be held “innocent until proven guilty”, it monitors everyone until proven innocent. The status quo could of course damage America’s long known liberties granted by the Constitution. Recent revelations by whistleblower Edward Snowden, have confirmed that the government is more likely to cross some constitutional lines in the name of national security. “The Foreign Intelligence Surveillance Act of 1978 (FISA) regulates the government’s acquisition of any electronic surveillance within the country for foreign intelligence use.
The second source opposes the Patriot Act for it abruptly and illegally interferes with the privacy of individuals. Thus, millions of people in the United States are having their Sixth Amendment violated because of this act, rather than eing protected from illegal terrorists. In addition, the Patriot Act was also re-written, making it legal for surveillance on any person in the country without them being aware of it. It is obvious this new part of the act is illegal and unconstitutional because people are not allowed to be listened to without permission. The source also states that a judge said the act
This is a clear example that shows that even the most controversial parts of the Patriot Act are not just constitutional, but strongly supported by the Constitution. From this, many see that any attempted claims that the Patriot Act is wrong in the law are based merely on thought. But, there are more than one sections of the Patriot Act that are up for debate. Any arguments against the Patriot Act are destroyed quickly due to the fact that, “no single provision of the Patriot Act has ever been found unconstitutional,” (McNeil). Once again, it is clear that the Patriot Act is constitutional.
The USA Patriot Act was signed into law on Oct. 26, 2001, due to the need for cooperation among all levels of security. Police and other department agencies were given powerful authority and encouraged to share information. This is to meet the goal for a safer America in times of turmoil including international affairs. But as the years have passed and as terrorist attacks seem to cease, people have begun to question if there’s too many restrictions on law enforcement were called off.
In 2001 only a little over a month after 911 The Patriot Act was passed. On the surface the act seems to be concerned with the safety of the American people; however it was reactionary, a result of the culture of fear created by America’s first experience with terrorism, a word that still holds a powerful
This paper will discuss how to balance out civil liberties and security in intelligence activities; mainly surrounding the topic of the USA PATRIOT Act of 2002. With this topic and its perceived downfalls, identifying how to make both sides work efficiently will be discussed. Discussion When asked the question of “how can the United States balance civil liberties and security in intelligence activities?” the thought of the USA PATRIOT Act comes into mind; for two reasons. The first one is it caused a enormous uproar in the community after it was enacted based upon the fact it was perceived to infringe on civil liberties.
On September 11th, 2001, tragedy struck America. A terrorist attack was carried out resulting in 2,753 Americans killed. America became locked in a war, and it needed more security on its own soil. So, congress passed a law known as the Patriot Act. This allowed the N.S.A (national security agency) to gain information of individual citizens or groups of individuals by using library records, phone calls and other surveillance.
In conjunction with the above mentioned acts of terror, The Patriot Act section 215 that was passed in congress in 2001 in response to the September 11, 2001 terrorist attach reads. The section 215 reads, access to record items under the foreign intelligence surveillance act. The foreign intelligence surveillance act of 1978 reads, prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of a foreign power. When comparing the two acts against the fourth Amendment it is a violation of American’s privacy.
population about this policy are controversial and have been hot topics in the news ever since. Lastly, the fallout after 9/11 associating with the USA PATRIOT Act has brought Americans to become suspicious of their own government. They were completely unaware of the FBI’s database meant to spy on them and gather exceptionally personal information. The amount of focus people have placed upon their leaders has made the country more lawful and
Is National Security better than Personal Privacy? People fear their loss of privacy, but the government is trying to protect us. The 4th Amendment states that citizens have the right to protect their privacy and should not be violated without a warrant. The Patriot Act was passed to protect citizens from terrorism. However, privacy is always a good thing to have but when it comes to protecting our country national security is the best way to go.