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Patriot Act
The Patriot Act was passed after the September 11 attacks. It loosened the regulations on agencies for purposes of gathering information on individuals. Some sections of the act, such as Sneak and Peek, are quite controversial among many civil rights groups.
194 Questions
The act that requires this is the Federal Patriot Act.
What 4th amendment concerns have been raised by the US Patriot Act?
a little something i wrote up today. This is a suitable answer from a non-technical perspective. If you are researching this for legal/criminal justice/etc reasons, you'll need something more in depth.
Should the US government be allowed to monitor domestic electronic communications of American citizens, without judicial oversight? Under current law (USA PATRIOT Act), federal law enforcement agencies are allowed to monitor telephone and email records, and to access public library records. In this paper, I will argue that the federal government should not be allowed to wiretap phones, monitor email, or check public library records without a search warrant.
1 The Fourth amendment to the US Constitution provides that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" (US Const., amend. IV.)
2 The Fourth amendment further provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (US Const., amend. IV.)
3 Federal law enforcement agencies use "National Security Letters" to gain access to records of electronic communications, and public library records; neither with issuance of a warrant by, nor subject to review of, the judicial branch.
4 The federal government's accesses of communication records are in direct opposition to the rights guaranteed by the fourth amendment.
5 The federal government should not be allowed to take actions which violate the rights laid out in the constitution, including its amendments.
∴ The federal government should not be allowed to spy on American citizens by monitoring their email, wiretapping their phones, or checking records from public libraries - without warrants.
The Fourth Amendment "provides the primary defense against government invasions of privacy" (Garlinger). A plain language reading of the text of the Fourth Amendment reveals that people have a right to be secure from unreasonable searches. That revelation leads to the question, what searches are reasonable or unreasonable? "The Fourth Amendment currently does not extend to information voluntarily given to third parties such as ISPs. The government, therefore, can access private information held by ISPs with little oversight or accountability" (Garlinger). This view is used to justify the government's review of data that the average citizen might consider private. To consider the content of an email anything other than the analog of the content of a letter written on paper and sent via postal mail, is an untenable position. Indeed the content of a letter is voluntarily handed over to the US Postal service, but sealed in an envelope. The content of an email is handed over to an ISP, but because of the nature of how data transfer works, email is transferred letter-by-letter, in a plain text format (Klensin); not inside a sealed envelope, as with postal mail.
Federal law enforcement agencies, in particular the Federal Bureau of Investigation, use National Security Letters to initiate a search of personal records from telephone and Internet service providers and public libraries. "Without any judicial review, the FBI issues NSLs to telecommunications providers to obtain customer subscriber information" (Garlinger). If the FBI were conducting searches which they believed an average citizen, or even judge, would consider reasonable, they could use the judicially reviewed search warrant process to gain access to records.
Contrasting the actions of the FBI - in using National Security Letters to acquire U.S. citizens' personal records - with the rights guaranteed in the Fourth Amendment; the two are diametrically opposed. It is particularly disturbing to see the government act contrary to the U.S. Constitution. The use of National Security Letters in the gathering of data related to U.S. citizens should be halted immediately. The federal government should instead use the already available judicial warrant application process, thereby allowing the Judiciary to maintain control, require probable cause, and ensure that due process is afforded the citizens.
In summary, the federal government should not be allowed to spy on U.S. citizens. American jurisprudence has a long history of allowable methods, which are not constitutionally tenuous, for the government to obtain information. By insisting on the issuance of warrants by judges, the United States government would better serve the interests of the citizens.
Works Cited
Garlinger, Patrick P. "PRIVACY, FREE SPEECH, AND THE PATRIOT ACT: FIRST AND FOURTH AMENDMENT LIMITS ON NATIONAL SECURITY LETTERS." New York University Law Review 84.4 (2009): 1105-1147. Academic Search Elite. EBSCO. Web. 24 Feb. 2011.
Klensin, John C. "RFC 5321 - Simple Mail Transfer Protocol." IETF Tools. Internet Engineering Task Force, Oct. 2008. Web. 24 Feb. 2011.
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001, Title II, § 211, Pub. L. No. 107-56, 115 Stat. 272 (2001).
US Const., amend. IV. Print
What is one of the arguments that some people had against the patriot act?
One argument that people had against the patriot act was loyalists thought they should remain loyal to the king because they didn't want to get their family in trouble or get killed in rebellion actions that the patriots were doing. if its wrong don't judge in im 5th grade.
this is just the revision of republic act #5734
How many pages does Patriot Act - novel - have?
170 - including some sections that are titles or descriptions
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I-ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and Muslim Americans.
Sec. 103. Increased funding for the technical support center at the Federal Bureau of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.
TITLE II-ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept wire, oral, and electronic communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications.
Sec. 205. Employment of translators by the Federal Bureau of Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons who are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect life and limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating to use of pen registers and trap and trace devices.LAW\PUBL056.107 APPS24 PsN: PUBL056
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA wiretap.
TITLE III-INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTITERRORIST FINANCING ACT OF 2001
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited consideration.
Subtitle A-International Counter Money Laundering and Related Measures
Sec. 311. Special measures for jurisdictions, financial institutions, or international transactions of primary money laundering concern.
Sec. 312. Special due diligence for correspondent accounts and private banking accounts.
Sec. 313. Prohibition on United States correspondent accounts with foreign shell banks.
Sec. 314. Cooperative efforts to deter money laundering.
Sec. 315. Inclusion of foreign corruption offenses as money laundering crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign money launderers.
Sec. 318. Laundering money through a foreign bank.
Sec. 319. Forfeiture of funds in United States interbank accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in subchapter II of chapter 53 of title 31, United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering record.
Sec. 328. International cooperation on identification of originators of wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of money laundering, financial crimes, and the finances of terrorist groups.
Subtitle B-Bank Secrecy Act Amendments and Related Improvements
Sec. 351. Amendments relating to reporting of suspicious activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic targeting orders and certain recordkeeping requirements, and lengthening effective period of geographic targeting orders.
Sec. 354. Anti-money laundering strategy.
Sec. 355. Authorization to include suspicions of illegal activity in written employment references.
Sec. 356. Reporting of suspicious activities by securities brokers and dealers; investment company study.
Sec. 357. Special report on administration of bank secrecy provisions.
Sec. 358. Bank secrecy provisions and activities of United States intelligence agencies to fight international terrorism.
Sec. 359. Reporting of suspicious activities by underground banking systems.
Sec. 360. Use of authority of United States Executive Directors.
Sec. 361. Financial crimes enforcement network.
Sec. 362. Establishment of highly secure network.
Sec. 363. Increase in civil and criminal penalties for money laundering.
Sec. 364. Uniform protection authority for Federal Reserve facilities.
Sec. 365. Reports relating to coins and currency received in nonfinancial trade or business.
Sec. 366. Efficient use of currency transaction report system.
Subtitle C-Currency Crimes and Protection
Sec. 371. Bulk cash smuggling into or out of the United States.
Sec. 372. Forfeiture in currency reporting cases.
Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and obligations.
Sec. 375. Counterfeiting foreign currency and obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.
TITLE IV-PROTECTING THE BORDER
Subtitle A-Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain identifying information in the criminal history records of visa applicants and applicants
for admission to the United States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification system for ports of entry and overseas consular posts.
Subtitle B-Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; judicial review.
Sec. 413. Multilateral cooperation against terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security on Entry-Exit Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.
Subtitle C-Preservation of Immigration Benefits for Victims of Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and children.
Sec. 424. ''Age-out'' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.
TITLE V-REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sec. 501. Attorney General's authority to pay rewards to combat terrorism.
Sec. 502. Secretary of State's authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
TITLE VI-PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
Subtitle A-Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B-Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII-INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION
Sec. 701. Expansion of regional information sharing system to facilitate Federal-State-local law enforcement response related to terrorist attacks.
TITLE VIII-STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
Sec. 801. Terrorist attacks and other acts of violence against mass transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic capabilities.
Sec. 817. Expansion of the biological weapons statute.
TITLE IX-IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central Intelligence regarding foreign intelligence collected under Foreign Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope of foreign intelligence under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of intelligence relationships to acquire information on terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports on intelligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign intelligence-related information with respect to criminal investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and use of foreign
intelligence.
TITLE X-MISCELLANEOUS
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of ''electronic surveillance''.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for dea police training in south and central asia.
Sec. 1008. Feasibility study on use of biometric identifier scanning system with access to the fbi integrated automated fingerprint identification system at
overseas consular posts and points of entry to the United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local and State governments for performance of security functions at United States military installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision of funding for bioterrorism preparedness and response.
Sec. 1014. Grant program for State and local domestic preparedness support.
Sec. 1015. Expansion and reauthorization of the crime identification technology act for antiterrorism grants to States and
To check out the entire USA PATRIOT Act:
http://www.gpo.gov/fdsys/pkg/PLAW- 107publ56/pdf/PLAW-107publ56.pdf
http://www.gpo.gov/fdsys/pkg/PLAW- 107publ56/pdf/PLAW-107publ56.pdf.
Why has the US Patriot Act that was signed into law on October 26 2001 received criticism?
someone who stands up for their country The official definition for the word patriot is "a person who vigorously supports their country and is prepared to defend it against enemies or detractors."
Breaking and entering is the criminal law being broken. It could also be a civil action for trespass.
How was the patriots point of view right in the Intolerable Acts?
Many patriots viewed the Intolerable Acts (known as the Coercive Acts in the United Kingdom) as unjustified and infuriating punishments. They believed that they had done no wrong in protesting Parliament's taxes. Though in reality very few colonists supported the Boston Tea Party (most thought of it as a degrading extremist act and Benjamin Franklin stressed that the tea should be repaid in full), they believed it was unfair of the British Crown to punish the whole of Massachusetts for the acts of a minority group.
In contrast, the British government thought the Acts were more than justified due to the "appalling event" of having over £90,000 (about USD $1,529,052 today) of British tea dumped into the water. Parliament believed the colonists were clearly in the wrong and should reimburse the loss.
the patriot laws are the rules of a patriot which is called the patriot act.
Conservative view on patriot act?
Conservatives are pro-patriot act because they place order over freedom and the patriot act promotes security and protection from terrorism (translates into order).
Yes.
One of the few responsibilities that a limited federal government has - and one of the few it should have - is to protect the union (of states) from foreign enemies. That is the purpose of the Patriot Act.
What is the WARN Act in the US?
The WARN Act requires employers who have over 100 employees to give at least 60 days notice ahead of layoffs or factory closings. The purpose of the act is to protect workers from the consequences of sudden and unexpected termination of their employment.
What similarities exist between the Patriot Act and the Alien and Sedition Acts?
go to this website: http://www.commondreams.org/views03/0616-03.htm
It says:
* The Alien and Sedition Acts caused the Democratic-Republican newspapers to become more popular than ever, and turned the inebriated Luther Baldwin into a national celebrity. In like fashion, progressive websites and talk shows are today proliferating across the internet, and victims of no-fly laws and illegal arrests at anti-Bush rallies are often featured on the web and on radio programs like Democracy Now. * The day Adams signed the Acts, Thomas Jefferson left town in protest. Even though Jefferson was Vice President, and could theoretically benefit from using the Acts against his own political enemies, he and James Madison continued to protest and work against them. Jefferson wrote the text for a non-binding resolution against the Acts that was adopted by the Kentucky legislature, and James Madison wrote one for Virginia that was adopted by that legislature. Today, in similar fashion, over 100 communities across America have adopted resolutions against Bush's Patriot Act, and, in the spirit of Matthew Lyon, Vermont Congressman Bernie Sanders has introduced legislation to repeal parts of the Act. * Jefferson beat Adams in the election of 1800 as a wave of voter revulsion over Adams' phony and self-serving "patriotism" swept over the nation (along with concerns about Adams' belligerent war rhetoric against the French). Today, even a minor appearance by Howard Dean or Dennis Kucinich - both on record for repealing much or all of the Patriot Act - draws a large crowd. There's a growing conviction across the nation that Dean - or possibly another non-DLC Democrat - can defeat Bush in 2004. * When Jefferson exposed Adams as a poseur and tool of the powerful elite, the rot within Adams' Federalist Party was exposed along with it. The Federalists lost their hold on Congress in the election of 1800, and began a 30-year slide into total disintegration (later to be reincarnated as Whigs and then as Republicans). Today, as the Tom Delay and Roy Blount bribery scandals widen, tax cuts for the rich are understood for what they are, and the corporate takeover of America is alarming average citizens, the rot in the Republican Party is more and more obvious. Americans are demanding representation for We, The People, and non-DLC Democrats, Greens, and Progressives can offer it. * In what came to be known as "The Revolution of 1800" or "The Second American Revolution," Thomas Jefferson freed all the men imprisoned by Adams as one of his first acts of office. Jefferson even reimbursed the fines they'd paid - with interest - and granted them a formal pardon and apology. Today, undoing the Patriot Act and kicking corporate money out of Washington D.C. have become popular progressive and Democratic campaign themes.
What actions did Americans take that reveal their distrust of others?
The patriot act is a good example of the actions that Americans take when they distrust others. Other actions that Americans take when they distrust others is making new laws and regulations.
What was the purpose of the Enforcement Acts?
The Enforcement Acts, during the reconstruction era, helped to protect the rights in the 13th amendment.
One was, it was a federal offense to interfere with a person's right to vote.
What religious group did the Patriot act target most?
The Patriot Act does not target any individual religious group. If a certain religious group feels as if they are being targeted by the bill, it is most likely because they fit a specific profile. You may, in theory, be more inclined to be targeted if you are of Middle Eastern decent due to the common threat coming from that region. However, it would not be based on you religious involvement. Ideally the bill is nondiscriminatory and will not target any race, color, sex, religion, etc., but the people enforcing the law may be prejudice and create feelings of unease.
How do you confront your mother after she invaded your privacy?
I guess you tell her that its not cool and that you wouldn't invade her privacy.....of course she could bite you right back and say "you're my son/daughter and blah blah blah." it really depends what she did.
Or you could just shout and say shes a bad mother. And plan an argument before you start because parents have a knack at turning it back onto you..
What are the disadvantages of the patriot act?
From: http://w2.eff.org/Censorship/Terrorism_militias/patriot-act-II-analysis.php
# Privacy Invasions. USAPA II dramatically widens the powers of government to invade the privacy of Americans and others living here. This includes: #* Broad new authority to compel information from ISPs, friends, relatives, businesses and others, all without informing you. #* Immunity for businesses that voluntarily turn over your information to law enforcement. #* Extra punishment for use of cryptography-- no connection to terrorism needed. #* Instant police access to your credit reports upon certification that they are sought "in connection with their duties" -- again, with no connection to terrorism needed. #* Relaxed requirement of specificity for warrants for multi-use devices like PDAs and computers with telephonic capabilities. #* DNA collected from all terrorism suspects/DNA database information open to all law enforcement. #* Less judicial oversight of surveillance. # More "End Runs" Around Limitations on Surveillance and Information Sharing. Federal, state and local officials can now freely share information, regardless of the original reason for gathering it. This includes information in your credit reports, educational records and visa records. It also includes information obtained by administrative subpoenas of any business, from your ISP to your credit card company to your grocer. It also includes DNA database information and information obtained through the secret court processes of the Foreign Intelligence Surveillance Act (FISA). Much of this sharing need not have any relationship to terrorism investigation. # Gag Orders and Increased Governmental Secrecy. The "sunshine of public review" is a key check on abuses of governmental power. But USAPA II makes it even harder for the public to evaluate what the government is doing with its broad new powers. USAPA II allows gag orders for subpoenas that force third parties to turn over information about their friends, loved ones or customers while making it unlawful for them to tell anyone except their lawyers about the subpoena. In a similar vein, the law creates broad new exceptions to the Freedom of Information Act for terrorism detainee information, prevents the Environmental Protection Agency from warning the public about environmental dangers from chemical releases and reduces the ability of judges to force the government to present its evidence in open court. # Expanded Reach of Powers under the Control of Secret Courts. The Foreign Intelligence Surveillance Act (FISA) was enacted more than 20 years ago to handle the special problem of non-criminal investigation of foreign intelligence activities in the United States. For this limited purpose, Congress established an unprecedented secret court system. USAPA expanded the reach of FISA and the secret court dramatically, and USAPA II goes even further. Under USAPA II, the secret court will be able to authorize searches of individuals with no connection to foreign governments or even terrorist organizations. It will increase the length of surveillance and decrease court oversight from the already low levels set by USAPA. # Not Targeted to Terrorism. As with its predecessor, USAPA II contains many provisions that appear to be nothing more than an opportunistic attempt to increase governmental powers in areas unrelated to terrorism. In other areas, while terrorism is included, the provisions are not limited to terrorism-related investigations. These include government access to credit reports, sentence enhancements for using encryption, and sharing of some FISA-obtained information.
