USA PATRIOT Act
By Snake Blocker, Lipan
Apache Tribe of Texas
The USA PATRIOT Act is an acronym. It stands for Uniting
and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism.
This Act came in shortly after 11 September 2001. This Act created a major
change, adding significant surveillance power and search power to the
intelligence agencies. President George W. Bush signed it into law in October
2001. Two years later in 2003, the USA PATRIOT Act was amended. Several changes
took place to existing statues. Some related to a person’s privacy on the
telephone, as well as a person’s privacy, via electronic communications. The
amended Act gave further definitions to several new crimes. Some of the current
crimes incurred increased penalties with the new amendment. The USA PATRIOT Act
amendment also adds more details to define money laundering and operation of
the Foreign Intelligence Surveillance Court. On the surface, the USA PATRIOT was
presented to the citizens to be proactive in the fight against both local and
global terrorism. This Act added new requirements for financial institutions to
adhere to relating international transactions coming from both US citizens and
foreigners. The USA PATRIOT Act required banks and other financial institutions
to report, any time there was suspicious activity on an account that looked
like money laundering; money used for terrorist involvement; and/or money used
for criminal activity. The USA PATRIOT Act added measures to prevent people
from using the financial system for personal gain when suspected of
transactions being used for terrorism or other criminal activity with foreign
officials being involved. The Act made allowances for repatriation of those
that were identified as having their assets acquired via illegal activity (USA
PATRIOT, 2023).
The Bush Administration presented to the
United States Congress a legislation proposal to give the US government more
power. The power specifically requested allowances for more surveillance, more
investigative liberties, and free rein to detain all suspected terrorists. The
issue is in the wording. Any citizen of the United States could be labeled as a
suspected terrorists simply because they talked to a person that may have
looked like they came from a country that supports terrorist activity. A
neighbor could call with information stating that their neighbor looks
suspicious and may be a terrorist, because they keep to themselves, pay cash for
things, or come home at odd hours. By 11 October 2001, the Uniting and
Strengthening America ACT was passed via a US Senate bill. Things were moving
seemingly at warp speed, since the next day on 12 October 2001, the United
State House passed the Senate’s Uniting and Strengthening America Act. In less
than a couple weeks, on 23 October 2021, the House introduced a compromise
bill, which became the USA PATRIOT Act. The Senate agreed and adopted the USA
PATRIOT Act without any changes and two days later (25 October 2001), President
George W. Bush signed the House Measure into United States law (History
Editors, 2023).
The timing was perfect for the United States government to take power away from The People, as emotions were high and without full disclosures the passed the PATRIOT Act and the Homeland Security Act, in the name of “Security” and “Revenge.” Few people spoke up against it and the United States citizens surrendered more freedom and privacy in the name of “Global War on Terrorism.” It seemed like a small price to pay for peace of mind. “Let Uncle Sam take care of Business.” The United States was going through a change and would mirror the power of communism. There were a lot of questions from agency leaders about jurisdictional overlap, conflict of law, conflict of interest, specific boundaries of agencies and oversight regulations. Prior to the USA PATRIOT Act, back in 1978, the Foreign Intelligence Surveillance Act (FISA) was passed as a foundation for a legal framework on surveillance. It covered both physical surveillance and electronic surveillance of foreign entities/agents. FISA detailed the United States intelligence agencies the rights and power to use surveillance on suspected terrorist and suspected persons involved in espionage. FISA also gave way for a court to supervise the intelligence agencies requests for surveillance use and surveillance warrants at a federal level. The Foreign Intelligence Surveillance Court maintains secrecy to the public, so few are in the know as to who and how many are being monitored. All in the name of the protection of its citizens and national security. During the Nixon Administration, surveillance abuse was suspected so Congress passed FISA to investigate any government surveillance abuse. FISA has been amended several times since then. One of the FISA amendments was the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (say that five times fast). A bit too long so we now simply call it the USA PATRIOT Act. For those that paid attention, the USA PATRIOT Act quickly added surveillance permissions to include its own citizens. In Section 215 of the USA PATRIOT Act there is a provision, known as the “Business Records” that allows investigative agencies to obtain a court order in secret. It also allows telephone companies and other communication companies, including AT&T, Team Mobile, Comcast, and others to hand over phones records. Security video footage can also be requested. Prior to this the agency would have to show a burden of proof in criminal cases with probable cause. Section 215 requires little to no burden of proof for the government to invade privacy and acquire personal phone records and video footage. Ther is no need for probable cause (PC) attached to criminal activity (Evanko, 2023).
Summary
The goal of the Homeland Security Act (HSA) was to prevent terrorist attacks against the citizens of the United States. HSA was created to decrease damage of terrorist attacks if they do occur. Another objective of the HSA was to recover quickly after a terrorist attacks. Finally, the HSA also focused on being proactive and reducing the susceptibility of attacks. HSA Officers have the power to do their own investigations as they see fit to collect data to prevent terrorist attacks. The goal of the USA PATRIOT ACT was to overlap some of HSA with their focus on deterring terrorist attacks and punishing terrorist, locally and globally. Wire Taps GPS Taps, Video Taps are “free game” under the USA PATRIOT Act. Personal information is no longer private, and citizens can be watched for even the slightest possibility of being involved or are in any way connected with possible terrorist, terrorist groups or even if a citizen looks at a website that has some potential connection to terrorism (Bill of Rights, 2023).
References
Bill of Rights.
(2023). Department of Justice Summary of the PATRIOT Act, Retrieved
from,
-https://billofrightsinstitute.org/activities/handout-a-department-of-justice-summary-of-usa-patriot-act
Evanko, L.
(2023). FISA and the USA PATRIOT Act: Reforms and Legal Implications.
Retrieved
from,
-https://legaljournal.princeton.edu/fisa-and-the-usa-patriot-act-reforms-and-legal-implications/
History
Editors. (July 27, 2023). PATRIOT Act. Retrieved from,
-https://www.history.com/topics/21st-century/patriot-act
USA PATRIOT.
(2023). USA PATRIOT Act. Retrieved from,
-https://www.fincen.gov/resources/statutes-regulations/usa-patriot-act