What is it???
The Patriot Act, passed 6 weeks after September 11th 2001, gives the government unprecedented powers to prevent terrorism. Several provisions are controversial because of their infringements of civil liberties – many of these sections will expire unless renewed this year.
What are the pros? (US Department of Justice)
* Allows law enforcement to use surveillance against more crimes of terror
* Law enforcement can conduct investigations without tipping off terrorists
* Federal agents ask a court for an order to obtain business records in national security terrorism cases
* The Patriot Act facilitates information sharing and cooperation among government agencies so that they can better “connect the dots.”
* The Patriot Act reflects new technologies and new threats
* Law enforcement officials may obtain a search warrant anywhere a terrorist-related activity occurs
* Victims of computer hacking can request law enforcement assistance in monitoring the “trespassers” on their computers
* The Patriot Act increases the penalties for those who commit terrorist crimes:
- Higher maximum penalties for various crimes likely to be committed by terrorists; enhanced a number of conspiracy penalties, eliminates the statutes of limitations for certain terrorism crimes and lengthens them for other terrorist crimes; prohibits the harboring of terrorists
What are the cons? (ACLU)
* Section 215:
- FBI can demand “any tangible thing,” including books, letters, diaries, library records, medical and psychiatric records, financial information, membership lists of religious institutions, and genetic information without your knowledge or consent
- The FBI needs only to tell a judge (no need for evidence or probable cause) that the search protects against terrorism. The judge has no authority to reject this application.
* Section 213:
- It expands the government's ability to search private property without notice to the owner
* Violates the 1st and 4th Amendments to the Constitution
* Does not work:
- 0 out of 5,000 suspects detained for terrorism have been convicted