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

Liberties?Liberties?

Michelle SchoonmakerMichelle SchoonmakerShane FuhrmanShane Fuhrman

Rachel AlmyRachel AlmyStacey CremarStacey Cremar

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USA PATRIOT Act of 2001USA PATRIOT Act of 2001

Uniting and Strengthening America Uniting and Strengthening America by Providing Appropriate Tools by Providing Appropriate Tools Required to Intercept and Obstruct Required to Intercept and Obstruct TerrorismTerrorism Response to Sept 11, 2001 terrorist Response to Sept 11, 2001 terrorist

attacks. attacks. Passed the Senate 98-1 and the House 356-Passed the Senate 98-1 and the House 356-

66.66. Bush signed in to law on October 26, 2001.Bush signed in to law on October 26, 2001.

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What does it do?What does it do?

““To deter and punish terrorist acts in To deter and punish terrorist acts in the United States and around the the United States and around the world, to enhance law enforcement world, to enhance law enforcement investigatory tools, and for other investigatory tools, and for other purposes.”purposes.” 342 pages long342 pages long Ten titlesTen titles Amends 15 statutesAmends 15 statutes

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Title I - Enhancing Domestic Title I - Enhancing Domestic Security Against TerrorismSecurity Against Terrorism

Establishes Counterterrorism fundEstablishes Counterterrorism fund (sec 101)(sec 101)

Reimburses branches of government for funds spent on Reimburses branches of government for funds spent on anti-terrorism activities.anti-terrorism activities.

Condemns discrimination against Muslim Condemns discrimination against Muslim and Arab Americansand Arab Americans (sec 102)(sec 102)

Allows the Dept. of Defense to share information Allows the Dept. of Defense to share information with the Dept. of Justice during emergency with the Dept. of Justice during emergency situations situations (sec104)(sec104)

Expands the National Electronic Crime Task Force Expands the National Electronic Crime Task Force Initiative Initiative (sec 105)(sec 105)

Expands Presidential authority Expands Presidential authority (sec 106)(sec 106)

Allows the President to seize property belonging to foreign Allows the President to seize property belonging to foreign nationals connected with terrorism. If the seizure is based nationals connected with terrorism. If the seizure is based on classified evidence, then the judge reviewing the case on classified evidence, then the judge reviewing the case cannot share that evidence with the defense attorneys. cannot share that evidence with the defense attorneys.

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Title II - Enhanced Surveillance Title II - Enhanced Surveillance ProceduresProcedures

Authority to share criminal investigative Authority to share criminal investigative information information (sec 203)(sec 203)

Any information collected by the police or presented to a Any information collected by the police or presented to a Federal grand jury may be shared with intelligence Federal grand jury may be shared with intelligence agencies. This information sharing is limited to evidence agencies. This information sharing is limited to evidence of terrorist activities. of terrorist activities.

Permits a wiretap on an Permits a wiretap on an individualindividual, rather than a , rather than a specific phone line specific phone line (sec 206)(sec 206)

Allows for disclosure of electronic Allows for disclosure of electronic communications by service providers communications by service providers (sec 212)(sec 212)

Permits a delay in notification of a search warrant Permits a delay in notification of a search warrant (sec 213)(sec 213)

Prohibits court action against communication Prohibits court action against communication companies who provide information to the companies who provide information to the government about terrorist related actions government about terrorist related actions (sec 225)(sec 225)

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

Allows Sec. of Treasury certain powers over Allows Sec. of Treasury certain powers over financial institutions financial institutions (sec 311)(sec 311)

Increased record keeping and reporting of transactions involving Increased record keeping and reporting of transactions involving institutions outside the US.institutions outside the US.

Encourages financial institutions, govt. and law Encourages financial institutions, govt. and law enforcement to share information on money enforcement to share information on money laundering and terrorist activitieslaundering and terrorist activities (sec 314) (sec 314)

Limits liability of financial institutions to any Limits liability of financial institutions to any person for submitting reports of suspicious person for submitting reports of suspicious activity activity (sec 351)(sec 351)

Requires brokers and dealers to submit reports of Requires brokers and dealers to submit reports of suspicious activity, similar to financial institutions suspicious activity, similar to financial institutions in sec 314 in sec 314 (sec 356)(sec 356)

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Title IV - Protecting the BorderTitle IV - Protecting the Border

Triples the number of personnel Triples the number of personnel stationed on US borders stationed on US borders (sec 402)(sec 402)

Expands list of those who can be Expands list of those who can be deported for terrorist activity deported for terrorist activity (sec 411)(sec 411)

Attorney General can detain aliens Attorney General can detain aliens believed to be part of terrorist believed to be part of terrorist activity without giving evidence or activity without giving evidence or reason reason (sec 412)(sec 412)

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Title V - Removing Obstacles To Title V - Removing Obstacles To Investigating TerrorismInvestigating Terrorism

Requires DNA samples of terrorists to Requires DNA samples of terrorists to be collected and put on file in a be collected and put on file in a database of violent criminals database of violent criminals (sec 503)(sec 503)

Coordinates federal agents and law Coordinates federal agents and law enforcement officers in conducting enforcement officers in conducting surveillance to acquire foreign surveillance to acquire foreign intelligence intelligence (sec 504)(sec 504)

Allows government officials access to Allows government officials access to educational records without a court educational records without a court order order (sec 507-508)(sec 507-508)

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

and Their Familiesand Their Families Public safety officers, involved after Public safety officers, involved after

an act of terrorism, are provided an act of terrorism, are provided benefit programs and given official benefit programs and given official expedited payments. expedited payments. (sec 611)(sec 611)

Gives compensation and assistance Gives compensation and assistance to victims of acts of terrorism to victims of acts of terrorism (sec 621)(sec 621)

As a whole, this title gives As a whole, this title gives compensation and aid to those which compensation and aid to those which are affected by terrorism in and are affected by terrorism in and outside the US.outside the US.

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Title VII - Increased Information Title VII - Increased Information Sharing for Critical Infrastructure Sharing for Critical Infrastructure

ProtectionProtection

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

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Title VIII - Strengthening the Title VIII - Strengthening the Criminal Laws Against TerrorismCriminal Laws Against Terrorism

Creates new crime of “domestic terrorism” Creates new crime of “domestic terrorism” (sec 801-(sec 801-802)802)

Terrorist acts against mass transportation vehicles, Terrorist acts against mass transportation vehicles, ferries, employees, passengers, or operating systems ferries, employees, passengers, or operating systems

Expands and clarifies the crimes of harboring or Expands and clarifies the crimes of harboring or providing material support for terrorists providing material support for terrorists (sec 803-807)(sec 803-807)

Expands maximum penalties for terrorist crimes, Expands maximum penalties for terrorist crimes, attempts, and conspiracies attempts, and conspiracies (sec 809-812)(sec 809-812)

Allows for wiretaps on anyone suspected of Allows for wiretaps on anyone suspected of “exceeding the authority” of a computer used in “exceeding the authority” of a computer used in interstate commerce interstate commerce (sec 814)(sec 814)

Penalties for persons knowingly possessing Penalties for persons knowingly possessing biological agents, toxins, or delivery systems biological agents, toxins, or delivery systems (sec (sec 817)817)

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Title IX - Improved IntelligenceTitle IX - Improved Intelligence Permits sharing of information from the Permits sharing of information from the

CIA to the Justice Department CIA to the Justice Department (sec 901)(sec 901)

Makes officers and employees of the Makes officers and employees of the intelligence community “mini-CIA” to intelligence community “mini-CIA” to investigate terrorism investigate terrorism (sec 903)(sec 903)

Permits sharing of information from the Permits sharing of information from the Justice Dept. and similar agencies to the Justice Dept. and similar agencies to the CIA CIA (sec 905)(sec 905)

Creates a cross-training program for Creates a cross-training program for government and law enforcement government and law enforcement agencies to recognize foreign intelligence agencies to recognize foreign intelligence materials and other information pertaining materials and other information pertaining to their investigations to their investigations (sec 908)(sec 908)

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Title X - MiscellaneousTitle X - Miscellaneous

Creates grants to aid in first Creates grants to aid in first responder assistance (improved responder assistance (improved equipment and training) equipment and training) (sec 1005)(sec 1005)

Sets up protections of our critical Sets up protections of our critical infrastructures infrastructures (sec 1016)(sec 1016)

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Neo-patriotismNeo-patriotism

““New Patriotism”New Patriotism” Those who love their country and will make Those who love their country and will make

sacrifices for their countrysacrifices for their country Support Patriot Act as protection from Support Patriot Act as protection from

terrorismterrorism Neo vs Traditional patriotsNeo vs Traditional patriots

Traditional patriots: Ben Franklin, Thomas Traditional patriots: Ben Franklin, Thomas Jefferson, George WashingtonJefferson, George Washington

Supported and defended the ConstitutionSupported and defended the Constitution Valued liberty Valued liberty

Neo patriots: John Ashcroft, George BushNeo patriots: John Ashcroft, George Bush Value safety at the cost of some libertyValue safety at the cost of some liberty

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Ben FranklinBen Franklin

““They that can give up They that can give up essential liberty to obtain a essential liberty to obtain a

little temporary safety little temporary safety deserve neither liberty nor deserve neither liberty nor

safety.”safety.”

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Patriot Act Since PassingPatriot Act Since Passing

Since its passing, some parts of the Since its passing, some parts of the Patriot Act have been found Patriot Act have been found unconstitutionalunconstitutional Sec 505:Sec 505:

Allows government investigators access to Allows government investigators access to consumer reports, telephone records and consumer reports, telephone records and financial recordsfinancial records

Produced in secret and without civil liabilityProduced in secret and without civil liability Court order not required to obtain documentsCourt order not required to obtain documents

Violates first amendment right to freedom of Violates first amendment right to freedom of speech and fourth amendment protection speech and fourth amendment protection against unreasonable search and seizureagainst unreasonable search and seizure

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Patriot Act Since PassingPatriot Act Since Passing

Sec 805:Sec 805: Prohibits giving “expert advice” to terrorist Prohibits giving “expert advice” to terrorist

groups and other organizationsgroups and other organizations "The USA Patriot Act places no limitation on "The USA Patriot Act places no limitation on

the type of expert advice and assistance the type of expert advice and assistance which is prohibited and instead bans the which is prohibited and instead bans the provision of all expert advice and assistance provision of all expert advice and assistance regardless of its nature," –Judge Audrey regardless of its nature," –Judge Audrey Collins, US District Court JudgeCollins, US District Court Judge

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Patriot Act Since PassingPatriot Act Since Passing Sec 215:Sec 215:

Expands the power of the FBI to obtain records Expands the power of the FBI to obtain records and other “tangible things” for use in a terrorist and other “tangible things” for use in a terrorist investigationinvestigation

American Civil Liberties Union (ACLU) filed a law American Civil Liberties Union (ACLU) filed a law suit against the constitutionality of this section - suit against the constitutionality of this section - violates 1violates 1stst, 4, 4thth, and 5, and 5thth amendments amendments

Still pendingStill pending In July 2004, the House of Representatives voted In July 2004, the House of Representatives voted

on whether to eliminate section 215 based on its on whether to eliminate section 215 based on its constitutionality.constitutionality.

Tied 210-210 and the move to eliminate it was struck Tied 210-210 and the move to eliminate it was struck downdown

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

Infringements on civil liberties Infringements on civil liberties caused by the Patriot Actcaused by the Patriot Act

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DefinitionsDefinitions Computer Fraud and Abuse Act (CFAA)Computer Fraud and Abuse Act (CFAA)

Used to prosecute computer hackers and Used to prosecute computer hackers and others who exceed their authority on others who exceed their authority on computers which are connected to the internetcomputers which are connected to the internet

Wiretap order vs. pen/trap orderWiretap order vs. pen/trap order Wiretap orders require probable cause and Wiretap orders require probable cause and

include specific informationinclude specific information Pen/trap orders can be given without probable Pen/trap orders can be given without probable

cause and are for “cause and are for “non-content” informationnon-content” information Non-content informationNon-content information includes all "dialing, routing, includes all "dialing, routing,

addressing, and signaling information" utilized in the addressing, and signaling information" utilized in the processing and transmitting of wire and electronic processing and transmitting of wire and electronic communications communications

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Problems with the Patriot ActProblems with the Patriot Act

Greatly expanded surveillance with Greatly expanded surveillance with significantly decreased checks and significantly decreased checks and balancesbalances

Dealing with terrorism?Dealing with terrorism? Created untrusting atmosphereCreated untrusting atmosphere

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Expanded SurveillanceExpanded Surveillance

Easier for government to monitor Easier for government to monitor online activities of innocent Americansonline activities of innocent Americans Tell a judge that spying could lead to Tell a judge that spying could lead to

information in an ongoing investigation.information in an ongoing investigation. Investigation does not have to involve Investigation does not have to involve

person being spied on.person being spied on. Government must be granted permission, Government must be granted permission,

but is not obligated to tell court or the but is not obligated to tell court or the person what was done.person what was done.

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Expanded SurveillanceExpanded Surveillance

Nation-wide Roving WiretapNation-wide Roving Wiretap Government can issue a Title III wiretap, Government can issue a Title III wiretap,

Foreign Intelligence Surveillance Act Foreign Intelligence Surveillance Act (FISA) wiretap, or pen/trap order on a (FISA) wiretap, or pen/trap order on a person or entity nationwideperson or entity nationwide

Can follow to other computers, phones or Can follow to other computers, phones or others not named in the order without court others not named in the order without court or personal notificationor personal notification

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Expanded SurveillanceExpanded Surveillance

Internet Service Providers (ISP) Internet Service Providers (ISP) Allows for ISP’s to submit Allows for ISP’s to submit non-content non-content

informationinformation without a court order or without a court order or subpoena to law enforcement agenciessubpoena to law enforcement agencies

Expands the information that the Expands the information that the government can seek with a subpoenagovernment can seek with a subpoena

No court review requiredNo court review required Possible information includes:Possible information includes:

records of session times, temporarily assigned records of session times, temporarily assigned network (I.P.) addresses, and means and source network (I.P.) addresses, and means and source of payments, including credit card or bank of payments, including credit card or bank account numbers account numbers

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ExpandedExpanded SurveillanceSurveillance

New definitions of terrorism increase New definitions of terrorism increase possible targets of surveillance.possible targets of surveillance. New crime of “Domestic Terrorism”New crime of “Domestic Terrorism”

Legitimate protest activities can be considered Legitimate protest activities can be considered terrorism, especially if violence eruptsterrorism, especially if violence erupts

Three other types of terrorism are Three other types of terrorism are expandedexpanded

InternationalInternational and and FederalFederal terrorismterrorism and and terrorism transcending national bordersterrorism transcending national borders

Opens up more people to possible surveillanceOpens up more people to possible surveillance

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Dealing with Terrorism?Dealing with Terrorism?

Many parts of the Patriot Act do not Many parts of the Patriot Act do not directly relate to preventing terrorism.directly relate to preventing terrorism. Government spying on suspected Government spying on suspected

computer trespassers (hackers) requires computer trespassers (hackers) requires no court orderno court order

DNA samples of anyone who commits a DNA samples of anyone who commits a “crime of violence”“crime of violence”

Wiretaps allowed for suspected violations Wiretaps allowed for suspected violations of the Computer Fraud and Abuse Actof the Computer Fraud and Abuse Act

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Dealing with Terrorism?Dealing with Terrorism? Dramatic increases in scope and penalties Dramatic increases in scope and penalties

for violations of the Computer Fraud and for violations of the Computer Fraud and Abuse ActAbuse Act Raising maximum penalty for violations to 10 Raising maximum penalty for violations to 10

years (from 5) for a first offense and 20 years years (from 5) for a first offense and 20 years (from 10) for a second offense (from 10) for a second offense

Violators only need intend to cause any Violators only need intend to cause any damage, as opposed to specific damage that damage, as opposed to specific damage that would cause over $5000 damage or loss.would cause over $5000 damage or loss.

Expanded definition of loss to include time Expanded definition of loss to include time spent on investigation, response, damage spent on investigation, response, damage assessment and restoration assessment and restoration

Does any of this have anything to do with combating and Does any of this have anything to do with combating and preventing terrorism?preventing terrorism?

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Untrusting EnvironmentUntrusting Environment

The Patriot Act provides an The Patriot Act provides an environment where no one can be environment where no one can be trusted. It makes each citizen a trusted. It makes each citizen a police officer, hunting for terrorism in police officer, hunting for terrorism in their own communities. their own communities.

Similar to the “Red Scare” from Similar to the “Red Scare” from 1948-1956 where citizens were 1948-1956 where citizens were looking for Communistslooking for Communists Replaces “Communist” with “Terrorist” Replaces “Communist” with “Terrorist”

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

liberties.liberties.

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

safetysafety

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Myths/RealitiesMyths/Realities Myth: Myth: Political organizations and peaceful groups Political organizations and peaceful groups

can be subjected to surveillance, wiretapping, can be subjected to surveillance, wiretapping, harassment, and criminal action for political harassment, and criminal action for political advocacy.advocacy. Reality:Reality: No organizations can be targeted to the above No organizations can be targeted to the above

actions unless they break the law.actions unless they break the law. Myth:Myth: Many people are unaware that their library Many people are unaware that their library

habits (what you take out of a library and what habits (what you take out of a library and what you read on websites) could become the target of you read on websites) could become the target of government surveillance.government surveillance. Reality:Reality: The Patriot Act specifically protects Americans’ The Patriot Act specifically protects Americans’

First Amendment rights, and terrorism investigators First Amendment rights, and terrorism investigators have no interest in the library habits of ordinary have no interest in the library habits of ordinary Americans.Americans.

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Myths/Realities con’tMyths/Realities con’t

Myth:Myth: Law enforcement can delay giving Law enforcement can delay giving notice when they conduct a search (not notice when they conduct a search (not required to show a search warrant when required to show a search warrant when searching for evidence).searching for evidence). Reality:Reality: This tool can be used only with a This tool can be used only with a

court order, in extremely narrow circumstances court order, in extremely narrow circumstances when immediate notification may result in when immediate notification may result in death or physical harm to an individual, flight death or physical harm to an individual, flight from prosecution, evidence tampering, witness from prosecution, evidence tampering, witness intimidation, or serious jeopardy to an intimidation, or serious jeopardy to an investigation.investigation.

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Goals of Patriot ActGoals of Patriot Act

PreventPrevent Future terrorist attacksFuture terrorist attacks

ProtectProtect Innocent Americans from the deadly Innocent Americans from the deadly

plans of terroristsplans of terrorists PreservePreserve

Life and liberty of the American peopleLife and liberty of the American people

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Improved CounterterrorismImproved Counterterrorism

The Patriot Act improves the US’s The Patriot Act improves the US’s counterterrorism efforts in many wayscounterterrorism efforts in many ways Allows investigators to use some of the tools Allows investigators to use some of the tools

which have been used to investigate organized which have been used to investigate organized crime and drug traffickingcrime and drug trafficking

Facilitates information sharing and cooperation Facilitates information sharing and cooperation among many government agencies and law among many government agencies and law enforcementenforcement

Updates laws to reflect new technologies and Updates laws to reflect new technologies and their potential threatstheir potential threats

Increases penalties for terrorist crimesIncreases penalties for terrorist crimes

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ToolsTools

Allows law enforcement use of surveillance Allows law enforcement use of surveillance against crimes of terroragainst crimes of terror Previously, courts could allow use of electronic Previously, courts could allow use of electronic

surveillance for non-terrorism crimes.surveillance for non-terrorism crimes. Aids in federal agents following Aids in federal agents following

sophisticated terroristssophisticated terrorists Many terrorists are trained to evade Many terrorists are trained to evade

investigators with devices such as cell phones.investigators with devices such as cell phones. Roving wiretaps apply to the person, not the Roving wiretaps apply to the person, not the

particular phone line. particular phone line. Used by law enforcement to investigate crimes like Used by law enforcement to investigate crimes like

racketeering and drug offenses. racketeering and drug offenses.

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ToolsTools

Law enforcement can conduct Law enforcement can conduct investigations without tipping off investigations without tipping off terroriststerrorists Delayed search warrantsDelayed search warrants

Federal agents can obtain business Federal agents can obtain business records for terrorism casesrecords for terrorism cases Government could obtain business Government could obtain business

records in criminal cases with a grand records in criminal cases with a grand jury subpoena jury subpoena

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Information SharingInformation Sharing

Under the Patriot Act, different parts of Under the Patriot Act, different parts of government and law enforcement government and law enforcement can communicate.can communicate. Police, FBI agents, federal prosecutors Police, FBI agents, federal prosecutors

and intelligence officials can share and intelligence officials can share information about terrorist activities.information about terrorist activities.

This coordination helps in finding and This coordination helps in finding and prosecuting terrorists.prosecuting terrorists.

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New Technological ThreatsNew Technological Threats

The Patriot Act revises laws to incorporate The Patriot Act revises laws to incorporate new technology and other new potential new technology and other new potential threats.threats. Victims of computer hacking can seek law Victims of computer hacking can seek law

enforcement help in monitoring who is hacking enforcement help in monitoring who is hacking into their systems.into their systems.

It’s easier to obtain search warrants.It’s easier to obtain search warrants. Terrorism spans large areas, often into many Terrorism spans large areas, often into many

different districts.different districts. Law enforcement agents no longer need search Law enforcement agents no longer need search

warrants from every district affected.warrants from every district affected. One can acquire warrants in any district, no matter One can acquire warrants in any district, no matter

where it is to be executed.where it is to be executed.

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Increased PenaltiesIncreased Penalties

Act creates new offenses and Act creates new offenses and increases penalties for previously increases penalties for previously existing offenses.existing offenses. Clarifies offenses of harboring and Clarifies offenses of harboring and

material support of terroristsmaterial support of terrorists New crime of domestic terrorismNew crime of domestic terrorism Increases penaltiesIncreases penalties

Material support offenses: increased from 10 Material support offenses: increased from 10 to 15 yearsto 15 years

Sabotage of nuclear facilities or fuel: Sabotage of nuclear facilities or fuel: increased from 10 to 20 yearsincreased from 10 to 20 years

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How American Voters FeelHow American Voters Feel

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

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ConclusionConclusion

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