The usa patriot act contains ten separate titles and, depending. Patriot act controversy reading, questions, debate activity. Homeland security act, patriot act, freedom of information. Controversial invocations of the patriot act wikipedia. In june 20, a leaked fisa court order publicly revealed that secret interpretation. Bush in october 2001, that significantly expanded the search and surveillance powers of. The life or death of the act depends upon the behavior of terrorists. Does the patriot act unduly compromise our civil liberties. Bushs administration pulled off the shelf dozens of internal security provisions that the right had long wanted. The title of the act is two acronyms, usa and patriot, which in combination stand for uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001. A breakdown of the patriot act, freedom act, and fisa. Though criticized for incursions into americans civil liberties and first amendment rights of association, the acts provisions that expanded the ability of government to conduct surveillance have largely continued through multiple renewals. Fbi use of controversial patriot act section expands wsj.
Eff sued the department of justice doj on the 10th anniversary of the signing of the usa patriot act in october 2011 for answers about secret interpretations of a controversial section of the law. Both discuss the legal background associated with the sunset of various. Irtpa subjected this amendment to the patriot acts sunset provision december 31, 2005. Liberty afire abstract the usa patriot act was written and passed into law in the united states within weeks of the devastating 911 terrorist attack. Patriot act, an act that gives federal officials more authority to track and intercept communications, for both law enforcement and foreign intelligence gathering purposes doyle, 2002. Surveillance under the usapatriot act american civil liberties. The patriot act has come under fire for a number of reasons. Usa patriot is an acronym for uniting and strengthening america by providing appropriate tools required to. Section 206 of the usa patriot act amended fisa to permit multipoint, or roving, wiretaps by adding flexibility to the degree of specificity with which the location or. American library association, washington office alawo analysis of the patriot act with a focus on its effects on civil liberties and libraries.
Preserving life and liberty uniting and strengthening america by providing appropriate tools required to intercept and. See why some believe it has kept the country safer, while others. Usa patriot act title iii international money laundering. In terms of the first amendment, which guarantees freedom of speech, law enforcement under the patriot act can prohibit the recipients of a search from telling others about the search. The patriot act was signed into law by president george w. The more time that elapses between 911 and any new predatory attack will likely mean that. By undermining the role of the courts, congress and the press in providing a real check on executive power, patriot act 2 directs its ire at the institutions of our democracy instead of at the. Summary of key sections of the usa patriot act of 2001 by.
This update replaces the june 2004 practice brief homeland security act and him. At the end of 2005, sixteen provisions of the usa patriot act are scheduled to. Oct 26, 2016 the patriot act turns 15 today, but thats nothing to celebrate. As key provisions of the patriot act come up for renewal, npr examines the acts most controversial sections. It was passed very quickly just over a month after the september 11, 2001, terrorist attacks, and congress spent very little time reading and debating it. The patriot act allows investigators to use the tools that were already available to investigate organized crime and drug trafficking. Patriot act debate highlights stark differences between. After the terrorist attacks in new york city, pennsylvania, and washington, dc, on september 11, 2001, the united states congress enacted the patriot act in 2001 and.
A decade of patriot act abuses november 1, 2011 after the 911 attacks, george w. Just six weeks after the september 11 attacks, a panicked congress passed the usa patriot act, an overnight revision of the nations surveillance laws that vastly expanded the governments authority to spy on its own citizens, while simultaneously reducing checks and balances on those powers like judicial oversight, public accountability, and the ability to. In the fearful days immediately following 911, the department of justice quickly sent draft legislation to congress that, if. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies every customer. As the deadline draws nearer, it is important to reengage on the importance of the patriot act and. Members of congress where a vote passed in july 2003 to scale back certain provisions. The eventual compromise, signed into law by bush on march 9, 2006, made 14 of the original sunset. Patriot act information form patriot act information form loan number. Government collection of private information congressional research service summary this is an abbreviated version of an earlier report, crs report r40980, government collection of private information. Patriot act in response to the terrorist attacks that occurred on september 11, 2001, congress passed the u. The usa patriot act is a law passed shortly after the sept. The following are controversial invocations of the usa patriot act. Its goals are to strengthen domestic security and broaden the powers of lawenforcement agencies with regards to identifying and stopping terrorists.
Homeland security act, patriot act, freedom of information act, and him retired editors note. Security, liberty, and the usa patriot act overview following the terrorist attacks on new york city and the pentagon on september 11, 2001, congress enacted and president george w. Section 215 of the usa patriot act has been used to collect, in bulk, telephony metadata of u. Automatic zoom actual size page fit page width 50% 75% 100% 125% 150% 200% 300% 400% more information. The book focuses on the aspects that have made the patriot act pa a topic of great concern, especially since the patriot act has lost much of its power due to judicial intervention. Now, pursuant to section 218, fisa may be used where a significant purpose of the investigation is foreign intelligence gathering. Patriot act controversy reading, questions, debate activity, assignment, etc. The patriot act and civil liberties america magazine. Now, pursuant to section 218, fisa may be used where a significant. The patriot act was designed to prevent future terrorist attacks on america and its interests. The legal basis for much of the surveillance comes from the patriot act.
The patriot act turns 15 today, but thats nothing to celebrate. Usa patriot is an acronym for uniting and strengthening america by providing appropriate. Patriot act controversy reading, questions, debate. Text of the usa patriot act american civil liberties union. Security, liberty, and the usa patriot act bill of rights. It passed in the senate by a vote of 981 and in the house of representatives by 35766. What exactly is the patriot act, and how did it affect the rules governing national security surveillance. Americans are threatened as much by the terrorist who pays for a bomb as by the one who pushes the button. Two amendments to the foreign intelligence surveillance act fisa were enacted as part of the usa patriot act. The movement against the act is detailed, as well as the administrations defense.
Congress with bipartisan support and signed into law by president george w. Security, liberty, and the usa patriot act bill of. The patriot act is a more than 300page document passed by the u. Bush signed this bill into law on october 26, 2001, the patriot act has been ardently defended by its supporters in the intelligence community and harshly criticized by members of congress, the tech industry, and privacy advocates like us. Since passing the patriot act, congress has had ample opportunity to refine the legislation. Section 215, also known as the tangible things or business records provision of the usa patriot act, amended section 501 of the foreign intelligence surveillance act and permits the collection of tangible things including books. The controversy over the usa patriot act jacob maillet.
Bush signs the patriot act, an antiterrorism law drawn up in response to the attacks on the pentagon and world trade center on september 11, 2001. But critics say the patriot act creates a new risk in section 218 that investigators will too easily use spying and terrorism as an excuse for launching foreign intelligence wiretaps and searches. Primary criticisms of the act patriot act criticisms. The patriot act gives too much power to law enforcement.
Public law 110261july 10, 2008 foreign intelligence surveillance act of 1978 amendments act of 2008 kgrant on pohrrp4g1 with public laws verdate aug 31 2005 17. The title of the act is two acronyms, usa and patriot, which in combination stand for uniting and strengthening america by providing appropriate tools required to. Sep 07, 2011 the patriot act gives too much power to law enforcement jeffrey rosen, a law professor at george washington university, is the coeditor of the forthcoming book constitution 3. Background and issues related to the usa patriot act. Passed after the 911 terrorist attacks, the patriot act has created new rules on surveillance and national security in the u. Third part of a longer paper on the usa patriot act this part describes both the issues raised by the act, as well as the controversy with surrounded it. The uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act, or usa patriot act, was introduced less than a week after september 11, 2001, and was signed into law on october 26, 2001. The patriot act increased the penalties for those who commit terrorist crimes. The patriot act was passed just 45 days after the sept. The patriot act updated the law to reflect new technologies and new threats. Surveillance under the patriot act american civil liberties. Patriot act 2 is fundamentally flawed because it relies on a false premise that america can be safer if we do away with basic checks and balances. Reauthorization of the usa patriot act federalist society. Tools required to intercept and obstruct terrorism usa patriot act act of 2001 appears to be stalled as a result of controversy over the intent and meaning of the law.
Introduced as the antiterrorism bill on september 19, 2001, it was signed into law on october 26, 2001 as the. This book provides a comprehensive overview of the u. Usa patriot act, also called patriot act, in full uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001, u. Patriot act pa and the issues and controversy surrounding the act in the fight against international terrorism. Key controversies by larry abramson and maria godoy dec. The usa patriot act is tremendously controversial, both lauded by law. Fisa, the patriot act, and the freedom act include many provisions that are arguably unconstitutional, specifically violating the first and fourth amendments. In 200506 the provisions scheduled to sunset were extended to february 2006 and then to march 2006 as the senate considered a proposal to reconcile house and senate versions of the usa patriot act improvement and reauthorization act of 2005.
The patriot act has a bad pedigree and an evil history. The patriot act expanded the fourth amendment exception. But then, with no debate or consultation with rankandfile members, the house leadership threw out the compromise bill and replaced it with legislation that. Thats why the patriot act imposed tough new penalties on those who commit and support terrorist operations, both at home and abroad. May 15, 2020 fisa, the patriot act, and the freedom act include many provisions that are arguably unconstitutional, specifically violating the first and fourth amendments. The act brought the law up to date with current technology, so we no longer have to fight a digitalage battle with antique weaponslegal authorities leftover from the era of rotary telephones. Bush signed this bill into law on october 26, 2001, the patriot act has been ardently defended by its supporters in the intelligence community and harshly criticized by members of congress, the tech industry. Proponents of the title advocate the necessity of the act to combat modern terrorism, whereas opponents warn of circumventions of the fourth amendment of the u. Hastily passed 45 days after 911 in the name of national security, the patriot act was the first of many changes to surveillance laws that made it easier for the government to spy on ordinary americans by expanding the authority to monitor phone and email communications, collect bank and credit reporting records, and track the activity of innocent americans on the internet. The resource contains a two page reading on the creation of the patriot act follow. The stated purpose of the act is to deter and punish terrorist acts in the united states and around the world, to enhance law enforcement investigatory tools, and for other purposes.
May 22, 2015 two years after edward snowden exposed the nsas collection of millions of americans private communications, the bulk of those programs remain intact. The patriot act was passed by congress and subsequently signed into law by president george w. Currently, two of the patriot acts key provisions are up for reauthorization by congress. In addition to the usa patriot act, congress enacted more than a dozen laws addressing related issues, including victims relief, air transportation, national defense, and the use of military force. The usa patriot act additional reauthorization amendments act of 2006, pub. The patriot act has generated a great deal of controversy over the years. Usa patriot act and intellectual freedom american library association ala, office for intellectual freedom oif frequently requested and additional sources, resultions oppsing the act, and. The usa patriot act commonly known as the patriot act is an act of the united states congress that was signed into law by u.
The law expanded national security surveillance and also brought about a range of institutional changes, such as facilitating greater coordination between. Publications national criminal justice reference service. This 16 page resource centers on the patriot act and the controversy surrounding its role in post september 11th 911 united states. Background and issues related to the usa patriot act reauthorization. Though criticized for incursions into americans civil liberties and first amendment rights of association, the act s provisions that expanded the ability of government to conduct surveillance have largely continued through multiple renewals. San francisco the electronic frontier foundation eff has won its fouryear freedom of information act lawsuit over secret legal interpretations of a controversial section of the patriot act, including legal analysis of law enforcement and intelligence agency access to census records. Two years after edward snowden exposed the nsas collection of millions of americans private communications, the bulk of those programs remain intact. Before the patriot act, the government could conduct such wiretaps only where the primary purpose was to obtain foreign intelligence. Section 215 of the usa patriot act electronic frontier. The patriot act gives too much power to law enforcement jeffrey rosen, a law professor at george washington university, is the coeditor of the forthcoming book constitution 3. Among others expressing reservations or outright opposition to sections of the patriot act are. Usa patriot act of 2001 the first amendment encyclopedia.
Debunking the patriot act as it turns 15 electronic. However, not all parts of the act are seen in this light, with many parts being seen as benign by both detractors and supporters of the act. Usa patriot act title iii international money laundering abatement and antiterrorist financing act of 2001 sec. Heres why the patriot act is so controversial history.
Surveillance under the usapatriot act american civil. In 2005, it held nearly two dozen hearings and multiple floor debates focused on the acts most. The patriot act has, in conjunction with other legislation, strengthened civil liberties. By some accounts, less than 48 hours passed between the presentation of the bills final wording and the law passing in both. The patriot act is one response allowing the united states to wage war against an enemy that attacked the country in disguise, while remaining true to the countrys founding ethics of freedom, equality, privacy, and human dignity.
167 771 1017 699 215 1245 1412 482 700 407 747 785 1440 121 394 122 832 933 1358 912 5 418 840 1489 349 34 799