The Patriot Act The Patriot Act

Protecting the US or Violating Protecting the US or Violating People’s FreedomsPeople’s Freedoms

Passage of LegislationPassage of Legislation The Patriot Act was passed The Patriot Act was passed

in October of 2001 after in October of 2001 after the terrorist attacks of the terrorist attacks of September 11.September 11.

Many believed the Bi-Many believed the Bi-partisan bill was hastily partisan bill was hastily passed in response to the passed in response to the attacksattacks

22ndnd Patriot Act was passed Patriot Act was passed by Congress on March 2, by Congress on March 2, 20062006

Signed into law by Signed into law by President Bush on March President Bush on March 9/10, 20069/10, 2006

PATRIOTPATRIOT

P = ProvideP = Provide A = AppropriateA = Appropriate T = ToolsT = Tools R = Required toR = Required to I = Intercept andI = Intercept and O = ObstructO = Obstruct T = TerrorismT = Terrorism

Patriot ActPatriot Act

Gives the federal Government:Gives the federal Government:• Greater power to track and intercept Greater power to track and intercept

communicationscommunications• Allows Treasury Department more power to Allows Treasury Department more power to

fight money launderingfight money laundering• Further close US bordersFurther close US borders• Can detains immigrants longer without giving Can detains immigrants longer without giving

reasonreason• Creates new crimes, new penalties against Creates new crimes, new penalties against

domestic and international terrorismdomestic and international terrorism

Title ITitle I Establishes a counter-Establishes a counter-

terrorism fundterrorism fund Condemns the Condemns the

discrimination against discrimination against Arab/Muslim Arab/Muslim AmericansAmericans

Provides names to Provides names to terrorists to airlines terrorists to airlines before they boarded before they boarded flightsflights

Requires Requires telemarketers to telemarketers to disclose their purpose disclose their purpose and charitiesand charities

Title II – Surveillance ProceduresTitle II – Surveillance Procedures

Allows government Allows government agencies to gather agencies to gather “foreign intelligence “foreign intelligence information” from information” from both US and non-US both US and non-US

WiretapsWiretaps Sneak and peak Sneak and peak

warrants = delayed warrants = delayed notification of search notification of search warrantswarrants• Declared Declared

unconstitutional in 2007unconstitutional in 2007

Title IITitle II

Roving Wiretaps – don’t need to Roving Wiretaps – don’t need to specifically state all the areas that specifically state all the areas that will be under surveillancewill be under surveillance

Also states sanctions against North Also states sanctions against North Korea and Taliban-controlled Korea and Taliban-controlled AfghanistanAfghanistan

Title III – Anti-money launderingTitle III – Anti-money laundering

The prevention, detection and prosecution The prevention, detection and prosecution of international money laundering and of international money laundering and financing of terrorismfinancing of terrorism

Strengthening banking rules against Strengthening banking rules against money launderingmoney laundering

Improve communication between law Improve communication between law enforcement agencies and financial enforcement agencies and financial institutionsinstitutions

Increasing the maximum penalty for Increasing the maximum penalty for counterfeiting currencycounterfeiting currency

Title IV – Border SecurityTitle IV – Border Security To give more law To give more law

enforcement and enforcement and investigative power to investigative power to the US Attorney the US Attorney General and to the INSGeneral and to the INS• Increase in funds to Increase in funds to

increase Border Patrol increase Border Patrol personnel, Customs personnel, Customs personnel and INS personnel and INS inspectorsinspectors

• Increase in funds to Increase in funds to improve technology on improve technology on the Northern Borderthe Northern Border

Title IV Title IV More access given to INS and State Dept to criminal More access given to INS and State Dept to criminal

background to determine whether visa applicants could be background to determine whether visa applicants could be admitted into the USadmitted into the US

Develop technology so all agencies can identify people Develop technology so all agencies can identify people applying for entry to the USapplying for entry to the US

Disallow immigrants who support or are from countries who Disallow immigrants who support or are from countries who support terrorism from entering into the USsupport terrorism from entering into the US

Mandatory Detention lawsMandatory Detention laws• Any immigrant who is engaged in terrorism or activity that Any immigrant who is engaged in terrorism or activity that

endangers US national securityendangers US national security• Can be detained 90 days up to 6 months if they are deemed a Can be detained 90 days up to 6 months if they are deemed a

national security threatnational security threat• Must be charged with a crime after 7 daysMust be charged with a crime after 7 days• Every 6 months detainees are reviewed by Federal gov’t to ask Every 6 months detainees are reviewed by Federal gov’t to ask

to continue detention of suspectto continue detention of suspect

Title V – National SecurityTitle V – National Security

National Security LettersNational Security Letters• Subpoena used by FBI to a particular Subpoena used by FBI to a particular

organization to turn over records organization to turn over records pertaining to an individualpertaining to an individual

• Requires no judicial oversightRequires no judicial oversight• Violation of the 1Violation of the 1stst and 4 and 4thth Amendments? Amendments?

Title VIII – Terrorism Criminal LawTitle VIII – Terrorism Criminal Law

Redefined the term “domestic Redefined the term “domestic terrorism” – includes mass terrorism” – includes mass destruction, assassination or destruction, assassination or kidnappingkidnapping

New penalties for those who are New penalties for those who are convicted of attacking mass convicted of attacking mass transportation (20 years with no transportation (20 years with no passengers on board and life if passengers on board and life if passengers on board)passengers on board)

Title IX – Improved IntelligenceTitle IX – Improved Intelligence

Attorney General, Justice Attorney General, Justice Department, and CIA must work Department, and CIA must work together on intelligence gatheringtogether on intelligence gathering• Must give each department notification Must give each department notification

of an intention of investigating criminal of an intention of investigating criminal activity of a foreign intelligence sourceactivity of a foreign intelligence source

ControversyControversy

Wire taps gives the FBI a “blank Wire taps gives the FBI a “blank check” to violate communications check” to violate communications privacy of countless innocent privacy of countless innocent Americans – violates the 4Americans – violates the 4thth amendmentamendment

Sneak and Peak warrants – violates Sneak and Peak warrants – violates the 4the 4thth Amendment Amendment

ControversyControversy

National Security LettersNational Security Letters Allows the FBI to search telephone, Allows the FBI to search telephone,

email, and financial records without a email, and financial records without a court ordercourt order• Companies could not challenge the FBI Companies could not challenge the FBI

subpoenassubpoenas• If you are acquainted with a person of If you are acquainted with a person of

interest or if you are the friend of a interest or if you are the friend of a friend of a person of interest your friend of a person of interest your records can be searched or obtainedrecords can be searched or obtained

ControversyControversy

The Attorney General can detainee The Attorney General can detainee any alien for an indefinite amount of any alien for an indefinite amount of time if the gov’t believes they may time if the gov’t believes they may cause a terrorist act cause a terrorist act • Violates the 5Violates the 5thth Amendment Amendment

QuestionQuestion

Does the Patriot Act help protect the Does the Patriot Act help protect the US or does into violate our rights?US or does into violate our rights?