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Patriot act and civil liberties
Is privacy more important than safety
How does the Patriot Act violate our rights
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Privacy and Safety: The battle between terrorism and the constitution.
I. Introduction
Since the enactment of 107 P.L. 56, otherwise known as the “Patriot Act,” there has been an ongoing battle between the privacy citizens enjoy and the safety Americans seek in their day-to-day lives. Ever since 9/11, law-enforcement agencies have been under intense pressure to ensure the safety and security of Americans. In order to achieve this idea of safety Congress passed the Patriot Act that purported to grant new tools and rules by which law enforcement could catch terrorists. In the decade following this legislation, questions surrounded how these new tools and regulations affected the privacy of Americans.
More recently, the Guardian published a report detailing how the National Security Agency (“NSA”) has been secretly collecting the telephone records of millions of United States citizens (Greenwald). There are several disturbing factors regarding the recent activities of the NSA. The most egregious constitutional breach however, is that those targeted by the NSA no longer had to be suspected of any crime, let alone be suspected of being a terrorist, to fall under the purview of the NSA’s data collection efforts. (Greenwald) This paper will analyze how the sacrifice of privacy in the name of terrorism has ultimately gone too far and accomplished very little. This paper will also discuss how the government has abused the constitutional rights of Americans in attempting to secure itself from terrorism, and how this abuse threatens Americans going forward.
II. The Patriot Act: The beginning of the end of privacy in the United States.
Initially the Justice Department was resistant to releasing information regarding the impact that Patr...
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...N.p., 10 Oct. 2013. Web. 13 Oct. 2013. .
Timm, Trevor. "Ten Years After the Patriot Act, a Look at Three of the Most Dangerous Provisions Affecting Ordinary Americans." Electronic Frontier Foundation. N.p., 26 Oct. 2011. Web. 14 Oct. 2013. .
Wallace-Wells, Benjamin. "Patriot Act-The Kitchen-sink Approach to National Security." New York Magazine. N.p., 27 Aug. 2011. Web. 14 Oct. 2013. .
Wang, Betty. "NSA Email Collection Violated 4th Amendment: FISA Court." Find Law. N.p., 23 Aug. 2013. Web. 14 Oct. 2013. .
Less than one week after the devastating terrorist attacks of September 11, 2001, the U.S.A. Patriot Act was introduced to Congress. One month later, the act passed in the Senate with a vote of 98-1. A frightened nation had cried for protection against further attacks, but certainly got more than they had asked for. Russell Feingold, the only Senator to vote down the act, referred to it as, “legislation on the fly, unlike anything [he] had ever seen.” In their haste to protect our great nation, Congress suspended, “normal procedural processes, such as interagency review and committee hearings,” and, “many provisions were not checked for their constitutionality, lack of judicial oversight, and potential for abuse.” Ninety-eight senators were willing to overlook key civil liberty issues contained within the 342 page act. The lone dissenting vote, Wisconsin Senator Russell Feingold, felt that our battle against terrorism would be lost “without firing a shot” if we were to “sacrifice the liberties of the American people.” Feingold duly defended American civil liberties at the risk of his career, truly exemplifying political courage as defined by John F. Kennedy.
U.S. Department of Justice. The USA PATRIOT Act: Preserving Life and Liberty. n.d. web. 11 November 2013.
Cole, D., & Dempsey, J. X. (2006). Terrorism and the constitution: sacrificing civil liberties in the name of national security. New York: New Press.
The United States has lived through an age of terrorism and the citizens have come to realize that they would rather ensure the safety of the masses than protect their privacy. Works Cited Cunningham, David. A. "The Patterning of Repression: FBI Counterintelligence and the New Left." Social Forces 82.1 (2003): 209–40. JSTOR.com - "The New York Times" Oxford Journals.
The aftereffects of the September 11, 2001 attacks led to Congress passing sweeping legislation to improve the United States’ counterterrorism efforts. An example of a policy passed was Domestic Surveillance, which is the act of the government spying on citizens. This is an important issue because many people believe that Domestic Surveillance is unconstitutional and an invasion of privacy, while others believe that the government should do whatever is possible in order to keep the citizens safe. One act of Domestic Surveillance, the tracking of our phone calls, is constitutional because it helps fight terrorism, warns us against potential threats, and gives US citizens a feeling of security.
Edward Snowden is America’s most recent controversial figure. People can’t decide if he is their hero or traitor. Nevertheless, his leaks on the U.S. government surveillance program, PRISM, demand an explanation. Many American citizens have been enraged by the thought of the government tracing their telecommunication systems. According to factbrowser.com 54% of internet users would rather have more online privacy, even at the risk of security (Facts Tagged with Privacy). They say it is an infringement on their privacy rights of the constitution. However, some of them don’t mind; they believe it will help thwart the acts of terrorists. Both sides make a good point, but the inevitable future is one where the government is adapting as technology is changing. In order for us to continue living in the new digital decade, we must accept the government’s ability to surveil us.
Since September 11, 2001 many people can say that America has changed. Many people question if America has changed for the better or has it just gotten worse. Since the day those four planes crashed around the United States people’s lives have been changed. Many may not realize how their lives have changed, but with new laws passed life is different within America. The United States Patriot Act is one of the laws passed after 9/11: singed into order on October 26, 2001 just 45 days after the attack. The United States Patriot Act was put in place in order to protect Americans, yet has been affecting American’s civil liberties and caused controversy all over the United States.
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.
Adam Penenberg’s “The Surveillance Society” reminds Americans of the tragic events of September 11, 2001 and the instant effects the that attacks on the World Trade Center had on security in the United States. Penenberg discusses how the airports were shut down and federal officials began to plot a military response. Although those were necessary actions, they were not as long lasting as some of the other safety precautions that were taken. The Patriot Act, which makes it easier for the government to access cell phones and pagers and monitor email and web browsing, was proposed. Politicians agreed that during a war civil liberties are treated differently. From there, Penenberg explains that for years before September 11th, Americans were comfortable with cameras monitoring them doing everyday activities.
The United States government is up to its ears in the personal information it has collected from its citizens. Americans are becoming increasingly “aware of these slowly eroding walls of privacy,”(Hirsh) and more than half polled admit concern “about the overall accumulation of personal information about them “by […] law enforcement, government, […] and other groups,” though “they accept it as an unavoidable modern phenomenon” (Hirsh). The question is, how far is too far to trust the government with the collection, proper storage, and usage of this information? Studies show that “Americans believe that business, government, social-media sites, and other groups are accessing their most personal information without their consent” (Hirsh). People should be given the ability to admit or deny access to their personal information. The government does not have a right to use whatever information it wants for any purpose it wishes. Michael Hayden, once the NSA director for seven years, says, “Even I recognize that it's one thing for Google to know too much, because they aren't putting me in jail. It's another thing for government, because they can coerce me” (Hirsh). The United States government's ability to collect information about its citizens and residents should be restricted by what kind of information it can take, how it can acquire it, and what it can use it for.
Domestic Surveillance Citizens feeling protected in their own nation is a crucial factor for the development and advancement of that nation. The United States’ government has been able to provide this service for a small tax and for the most part it is money well spent. Due to events leading up to the terrifying attacks on September 11, 2001 and following these attacks, the Unites States’ government has begun enacting certain laws and regulations that ensure the safety of its citizens. From the Foreign Intelligence Surveillance Act (FISA) of 1978 to the most recent National Security Agency scandal, the government has attempted and for the most part succeeded in keeping domestic safety under control. Making sure that the balance between obtaining enough intelligence to protect the safety of the nation and the preservation of basic human rights is not extremely skewed, Congress has set forth requisites in FISA which aim to balance the conflicting goals of privacy and security; but the timeline preceding this act has been anything but honorable for the United States government.
The attacks on American soil that solemn day of September 11, 2001, ignited a quarrel that the grade of singular privacy, need not be given away in the hunt of grander security. The security measures in place were planned to protect our democracy and its liberties yet, they are merely eroding the very existence with the start of a socialistic paradigm. Benjamin Franklin (1759), warned more than two centuries ago: “they that can give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” Implementing security measures comes at a cost both economically and socially. Government bureaucrats can and will utilize information for personal political objectives. The Supreme Court is the final arbitrator of what the ‘law is”, causing a lack of circulated rule. The actual leaders with political purposes jeopardize our individual privacy rights, liberties, and freedoms.
Solove, Daniel J. “5 Myths about Privacy” Washington Post: B3. Jun 16 2013. SIRS. Web. 10
A major reason the U.S. needs to increase restrictions on the type and amount of data collected on individuals from the internet is due to the fact that the United States government can track communications and browsing histories of private citizens without warrant or cause. After the terrorist attacks of September 11, 2001, ...
Gonchar, Michael. “What Is More Important: Our Privacy or National Security?” New York Times. New York Times, 17 Sept. 2013. Web. 22 Feb. 2014.