Patriot Act Essay

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September 11th 2001 was not only the day when the delicate facade of American security was shattered, but it was also the events of this day that led to the violation of the rights of millions of American citizens. After relentless reprehension by the American masses on the approach that was taken after the 9/11 attacks ,the Bush administration enacted the Patriot Act on October 26th, 2001, a mere 56 days after this tragic event.The Patriot Act expanded the authority of U.S. law enforcement agencies so that they could hopefully avert future terrorist attacks. Under the Patriot Act The NSA (National Security Agency) could entrench upon the privacy of the citizens of the U.S. without public knowledge, consent or, probable cause. The particular incident which had the general public up at arms was when the NSA illicit surveillance came to public knowledge. Essentially for the past 12 years the NSA has been monitoring the cyber world and telephone activity of American citizens, as well as foreign nationals in secrecy. The NSA has been receiving digital information from several major internet and cable providers including Verizon, AT&T and Sprint. They have kept records of phone conversations of millions of Americans and internet search histories as well as all data text messages. Many of the American citizens being monitored have not been convicted of any crimes and have caused no suspicion of illicit activity. Despite the circumstances these private citizens are being unlawfully monitored by the U.S government without consent.The issue at hand is whether the new powers granted by the Patriot Act to permit the NSA to spy on its citizens are absolutely necessary to protect our national security, or if the NSA utilizing the terro... ... middle of paper ... ...ate the exclusionary rule all in the name of anti-terroism. However the exclusionary rule’s power was pristinely intended to be used only in federal cases but its was later extended to the state level by the landmark case Mapp vs. Ohio in 1961.This precedent means that all evidence seized, whether by state officials under incipient anti-terrorist state laws, or by federal agencies under the USA PATRIOT Act, is subject to the Fourth Amendment and its exclusionary rule.The Supreme Court has additionally been required to apply the principles of the Fourth Amendment to new technologies which were not yet discovered in 1791.Notwithstanding the last 200 years of case precedent which greatly expanded the analysis of the Fourth Amendment, the NSA wiretapping (under which the Patriot Act allows) greatly expands the authority of the NSA and encroaches on those precedents.

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