Is the Patriot Act Too Great a Threat to Our Civil Liberties?

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Is the Patriot Act Too Great a Threat to Our
Civil Liberties?

• Michelle Schoonmaker
• Shane Fuhrman
• Rachel Almy
• Stacey Cremar

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USA PATRIOT Act of 2001

• Uniting and Strengthening America by Providing
  Appropriate Tools Required to Intercept and
  Obstruct Terrorism
• Response to Sept 11, 2001 terrorist attacks.
• Passed the Senate 98-1 and the House 356-66.
• Bush signed in to law on October 26, 2001.

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What does it do?

• To deter and punish terrorist acts in the United
  States and around the world, to enhance law
  enforcement investigatory tools, and for other
  purposes.
• 342 pages long
• Ten titles
• Amends 15 statutes

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Title I - Enhancing Domestic Security Against
Terrorism

• Establishes Counterterrorism fund (sec 101)
• Reimburses branches of government for funds spent
  on anti-terrorism activities.
• Condemns discrimination against Muslim and Arab
  Americans (sec 102)
• Allows the Dept. of Defense to share information
  with the Dept. of Justice during emergency
  situations (sec104)
• Expands the National Electronic Crime Task Force
  Initiative (sec 105)
• Expands Presidential authority (sec 106)
• Allows the President to seize property belonging
  to foreign nationals connected with terrorism. If
  the seizure is based on classified evidence, then
  the judge reviewing the case cannot share that
  evidence with the defense attorneys.

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Title II - Enhanced Surveillance Procedures

• Authority to share criminal investigative
  information (sec 203)
• Any information collected by the police or
  presented to a Federal grand jury may be shared
  with intelligence agencies. This information
  sharing is limited to evidence of terrorist
  activities.
• Permits a wiretap on an individual, rather than a
  specific phone line (sec 206)
• Allows for disclosure of electronic
  communications by service providers (sec 212)
• Permits a delay in notification of a search
  warrant (sec 213)
• Prohibits court action against communication
  companies who provide information to the
  government about terrorist related actions (sec
  225)

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Title III - International Money Laundering
Abatement and Anti-Terrorist Financing Act of 2001

• Allows Sec. of Treasury certain powers over
  financial institutions (sec 311)
• Increased record keeping and reporting of
  transactions involving institutions outside the
  US.
• Encourages financial institutions, govt. and law
  enforcement to share information on money
  laundering and terrorist activities (sec 314)
• Limits liability of financial institutions to any
  person for submitting reports of suspicious
  activity (sec 351)
• Requires brokers and dealers to submit reports of
  suspicious activity, similar to financial
  institutions in sec 314 (sec 356)

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Title IV - Protecting the Border

• Triples the number of personnel stationed on US
  borders (sec 402)
• Expands list of those who can be deported for
  terrorist activity (sec 411)
• Attorney General can detain aliens believed to be
  part of terrorist activity without giving
  evidence or reason (sec 412)

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Title V - Removing Obstacles To Investigating
Terrorism

• Requires DNA samples of terrorists to be
  collected and put on file in a database of
  violent criminals (sec 503)
• Coordinates federal agents and law enforcement
  officers in conducting surveillance to acquire
  foreign intelligence (sec 504)
• Allows government officials access to educational
  records without a court order (sec 507-508)

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Title VI - Providing for Victims of Terrorism,
Public Safety Officers, and Their Families

• Public safety officers, involved after an act of
  terrorism, are provided benefit programs and
  given official expedited payments. (sec 611)
• Gives compensation and assistance to victims of
  acts of terrorism (sec 621)
• As a whole, this title gives compensation and aid
  to those which are affected by terrorism in and
  outside the US.

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Title VII - Increased Information Sharing for
Critical Infrastructure Protection

• Allows federal, state, and local law enforcement
  agencies to share information that enhance the
  investigation and prosecution abilities against
  terrorist conspiracies and activities (authorizes
  appropriations) (sec 701)

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Title VIII - Strengthening the Criminal Laws
Against Terrorism

• Creates new crime of domestic terrorism (sec
  801-802)
• Terrorist acts against mass transportation
  vehicles, ferries, employees, passengers, or
  operating systems
• Expands and clarifies the crimes of harboring or
  providing material support for terrorists (sec
  803-807)
• Expands maximum penalties for terrorist crimes,
  attempts, and conspiracies (sec 809-812)
• Allows for wiretaps on anyone suspected of
  exceeding the authority of a computer used in
  interstate commerce (sec 814)
• Penalties for persons knowingly possessing
  biological agents, toxins, or delivery systems
  (sec 817)

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Title IX - Improved Intelligence

• Permits sharing of information from the CIA to
  the Justice Department (sec 901)
• Makes officers and employees of the intelligence
  community mini-CIA to investigate terrorism
  (sec 903)
• Permits sharing of information from the Justice
  Dept. and similar agencies to the CIA (sec 905)
• Creates a cross-training program for government
  and law enforcement agencies to recognize foreign
  intelligence materials and other information
  pertaining to their investigations (sec 908)

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Title X - Miscellaneous

• Creates grants to aid in first responder
  assistance (improved equipment and training) (sec
  1005)
• Sets up protections of our critical
  infrastructures (sec 1016)

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Neo-patriotism

• New Patriotism
• Those who love their country and will make
  sacrifices for their country
• Support Patriot Act as protection from terrorism
• Neo vs Traditional patriots
• Traditional patriots Ben Franklin, Thomas
  Jefferson, George Washington
• Supported and defended the Constitution
• Valued liberty
• Neo patriots John Ashcroft, George Bush
• Value safety at the cost of some liberty

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Ben Franklin

• They that can give up essential liberty to
  obtain a little temporary safety deserve neither
  liberty nor safety.

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Patriot Act Since Passing

• Since its passing, some parts of the Patriot Act
  have been found unconstitutional
• Sec 505
• Allows government investigators access to
  consumer reports, telephone records and financial
  records
• Produced in secret and without civil liability
• Court order not required to obtain documents
• Violates first amendment right to freedom of
  speech and fourth amendment protection against
  unreasonable search and seizure

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Patriot Act Since Passing

• Sec 805
• Prohibits giving expert advice to terrorist
  groups and other organizations
• "The USA Patriot Act places no limitation on the
  type of expert advice and assistance which is
  prohibited and instead bans the provision of all
  expert advice and assistance regardless of its
  nature," Judge Audrey Collins, US District Court
  Judge

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Patriot Act Since Passing

• Sec 215
• Expands the power of the FBI to obtain records
  and other tangible things for use in a
  terrorist investigation
• American Civil Liberties Union (ACLU) filed a law
  suit against the constitutionality of this
  section - violates 1st, 4th, and 5th amendments
• Still pending
• In July 2004, the House of Representatives voted
  on whether to eliminate section 215 based on its
  constitutionality.
• Tied 210-210 and the move to eliminate it was
  struck down

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The Patriot Act is too great a threat to our
civil liberties.

• Infringements on civil liberties caused by the
  Patriot Act

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Definitions

• Computer Fraud and Abuse Act (CFAA)
• Used to prosecute computer hackers and others who
  exceed their authority on computers which are
  connected to the internet
• Wiretap order vs. pen/trap order
• Wiretap orders require probable cause and include
  specific information
• Pen/trap orders can be given without probable
  cause and are for non-content information
• Non-content information includes all "dialing,
  routing, addressing, and signaling information"
  utilized in the processing and transmitting of
  wire and electronic communications

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Problems with the Patriot Act

• Greatly expanded surveillance with significantly
  decreased checks and balances
• Dealing with terrorism?
• Created untrusting atmosphere

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Expanded Surveillance

• Easier for government to monitor online
  activities of innocent Americans
• Tell a judge that spying could lead to
  information in an ongoing investigation.
• Investigation does not have to involve person
  being spied on.
• Government must be granted permission, but is not
  obligated to tell court or the person what was
  done.

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Expanded Surveillance

• Nation-wide Roving Wiretap
• Government can issue a Title III wiretap, Foreign
  Intelligence Surveillance Act (FISA) wiretap, or
  pen/trap order on a person or entity nationwide
• Can follow to other computers, phones or others
  not named in the order without court or personal
  notification

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Expanded Surveillance

• Internet Service Providers (ISP)
• Allows for ISPs to submit non-content
  information without a court order or subpoena to
  law enforcement agencies
• Expands the information that the government can
  seek with a subpoena
• No court review required
• Possible information includes
• records of session times, temporarily assigned
  network (I.P.) addresses, and means and source of
  payments, including credit card or bank account
  numbers

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Expanded Surveillance

• New definitions of terrorism increase possible
  targets of surveillance.
• New crime of Domestic Terrorism
• Legitimate protest activities can be considered
  terrorism, especially if violence erupts
• Three other types of terrorism are expanded
• International and Federal terrorism and terrorism
  transcending national borders
• Opens up more people to possible surveillance

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Dealing with Terrorism?

• Many parts of the Patriot Act do not directly
  relate to preventing terrorism.
• Government spying on suspected computer
  trespassers (hackers) requires no court order
• DNA samples of anyone who commits a crime of
  violence
• Wiretaps allowed for suspected violations of the
  Computer Fraud and Abuse Act

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Dealing with Terrorism?

• Dramatic increases in scope and penalties for
  violations of the Computer Fraud and Abuse Act
• Raising maximum penalty for violations to 10
  years (from 5) for a first offense and 20 years
  (from 10) for a second offense
• Violators only need intend to cause any damage,
  as opposed to specific damage that would cause
  over 5000 damage or loss.
• Expanded definition of loss to include time spent
  on investigation, response, damage assessment and
  restoration
• Does any of this have anything to do with
  combating and preventing terrorism?

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Untrusting Environment

• The Patriot Act provides an environment where no
  one can be trusted. It makes each citizen a
  police officer, hunting for terrorism in their
  own communities.
• Similar to the Red Scare from 1948-1956 where
  citizens were looking for Communists
• Replaces Communist with Terrorist

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The Patriot Act is not too great of a threat to
our civil liberties.

• Reasons why giving up some civil liberties is
  worth public safety

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Myths/Realities

• Myth Political organizations and peaceful groups
  can be subjected to surveillance, wiretapping,
  harassment, and criminal action for political
  advocacy.
• Reality No organizations can be targeted to the
  above actions unless they break the law.
• Myth Many people are unaware that their library
  habits (what you take out of a library and what
  you read on websites) could become the target of
  government surveillance.
• Reality The Patriot Act specifically protects
  Americans First Amendment rights, and terrorism
  investigators have no interest in the library
  habits of ordinary Americans.

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Myths/Realities cont

• Myth Law enforcement can delay giving notice
  when they conduct a search (not required to show
  a search warrant when searching for evidence).
• Reality This tool can be used only with a court
  order, in extremely narrow circumstances when
  immediate notification may result in death or
  physical harm to an individual, flight from
  prosecution, evidence tampering, witness
  intimidation, or serious jeopardy to an
  investigation.

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Goals of Patriot Act

• Prevent
• Future terrorist attacks
• Protect
• Innocent Americans from the deadly plans of
  terrorists
• Preserve
• Life and liberty of the American people

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Improved Counterterrorism

• The Patriot Act improves the USs
  counterterrorism efforts in many ways
• Allows investigators to use some of the tools
  which have been used to investigate organized
  crime and drug trafficking
• Facilitates information sharing and cooperation
  among many government agencies and law
  enforcement
• Updates laws to reflect new technologies and
  their potential threats
• Increases penalties for terrorist crimes

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Tools

• Allows law enforcement use of surveillance
  against crimes of terror
• Previously, courts could allow use of electronic
  surveillance for non-terrorism crimes.
• Aids in federal agents following sophisticated
  terrorists
• Many terrorists are trained to evade
  investigators with devices such as cell phones.
• Roving wiretaps apply to the person, not the
  particular phone line.
• Used by law enforcement to investigate crimes
  like racketeering and drug offenses.

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Tools

• Law enforcement can conduct investigations
  without tipping off terrorists
• Delayed search warrants
• Federal agents can obtain business records for
  terrorism cases
• Government could obtain business records in
  criminal cases with a grand jury subpoena

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Information Sharing

• Under the Patriot Act, different parts of
  government and law enforcement can communicate.
• Police, FBI agents, federal prosecutors and
  intelligence officials can share information
  about terrorist activities.
• This coordination helps in finding and
  prosecuting terrorists.

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New Technological Threats

• The Patriot Act revises laws to incorporate new
  technology and other new potential threats.
• Victims of computer hacking can seek law
  enforcement help in monitoring who is hacking
  into their systems.
• Its easier to obtain search warrants.
• Terrorism spans large areas, often into many
  different districts.
• Law enforcement agents no longer need search
  warrants from every district affected.
• One can acquire warrants in any district, no
  matter where it is to be executed.

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Increased Penalties

• Act creates new offenses and increases penalties
  for previously existing offenses.
• Clarifies offenses of harboring and material
  support of terrorists
• New crime of domestic terrorism
• Increases penalties
• Material support offenses increased from 10 to
  15 years
• Sabotage of nuclear facilities or fuel increased
  from 10 to 20 years

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How American Voters Feel

• To the best of your knowledge have you or a
  member of your family had your civil rights
  affected by the Patriot Act? (Fox News/Opinion
  Dynamics poll, 2003)

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Conclusion

• As a group, we feel that there are some aspects
  of the Patriot Act which are very useful in
  protecting the American people and their freedom,
  such as the cooperation and sharing of
  information between government agencies. However,
  the infringements and potential for abuse of many
  other sections are too great to merit not
  questioning the Acts constitutionality.