The Patriot Act and Privacy

Paper Summary:

In this article, the writer notes that the USA Patriot Act was introduced in response to the acts of terrorism on September 11, 2001. The writer points out that the Act included many amendments to many important statutes. The writer maintains that because the Act was passed with speed and few questions, the Act is void of significant legislative background that allows for interpretation of statutes. This paper discusses the Act and looks at a few of the claims that the Act does not allow for a system of "check and balances" that protects civil rights when such Acts are put into place.

Outline:
Abstract
A Brief History
Privacy and Surveillance Laws Affected
Conclusion

From the Paper:

"Title III involved the tapping of data communication and voice communication. Required was probable cause which is a very high standard to meet. The Electronic Communications Privacy Act or ECPA deals with the accessibility of stored electronic communications such as email. ECPA deals specifically with real time dial of phone numbers with the specific intent of transmitting information. This information is not required to have probable cause. As a result no discretion by the courts exists and the court has to allow the surveillance by a certifying government agency. The information that is trying to be captured, as certified by a government attorney, need only be important for a criminal investigation that is ongoing. As a result, very little protection exists for individuals typically found in wiretapping statutes. Another Act is the Foreign Intelligence Surveillance Act. This Act allows for electronic surveillance to be used against anyone suspected that a target, hard or soft, is of foreign intelligence or power is their goal for harm."

Sample of Sources Used:

• Feingold, R. (2001, October 25). Statement of U.S. Senator Russ Feingold on the anti-terrorism bill. Retrieved February 5, 2008, from Electronic
• Privacy Information Center Web site: http://epic.org/privacy/terrorism/usapatriot/feingold.html
• Podesta, J. (2002). US patriot act - Human rights magazine winter 2002. Retrieved February 5, 2008, from American Bar Association Web site: http://www.abanet.org/irr/hr/winter02/podesta.html

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