The USA PATRIOT Act

Dr. Matt RobinsonAppalachian State University

USA PATRIOT ActStands for:“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism”

USA PATRIOT ActPurpose:“To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.”

PATRIOT facts Signed into law on

October 26, 2001 (45 days after 9/11/2001)

Overwhelmingly passed and bi-partisan (98 to 1 in Senate and 357 to 66 in House)

342 pages long (did they read it?)

Changes a dozen laws (e.g., FERPA, FISA)

Reads like a computer manual

“Wrong bill” (changed before the vote)

No conference report

PATRIOT facts

Not meant to be permanent law (some sections sunset on Dec. 31, 2005) …

Only 3 of the “troubling ones” sunset (Sections 213, 215, 218)

PATRIOT facts

Representative James Sensenbrener: USA PATRIOT Act renewal will “be done over my dead body ... I said at the time I did not think there were the votes to pass the [USA PATRIOT Act] in the House without the sunset and I still stand by that”

Never mind! (Senate and House voted to extend law!) http://www.bordc.org/threats/legislation/index.php#reauth

PATRIOT facts

• Encourages and eases sharing of information between various government agencies (including FBI, CIA, local law enforcement and immigration)

PATRIOT benefits

Easier to“connect the dots” ofinformation aboutpotential terroristthreats

PATRIOT benefits

Question:

Did we NOT have enough evidence to see the attacks of 9/11 coming???

• Mary Schiavo, former Inspector General for U.S. Dept. of Transportation (1990-1996)

• Resigned in 1996 after FAA tried to classify report detailing lax security at the nation's major airports (agents able to sneak fake bombs, hand grenades, guns and knives through metal detectors)

Dozens and Dozens of warnings about planes being used as weapons against US targets! http://www.justiceblind.com/airplanes.html

Not to Mention …

Increases funding topatrol and secureNorthern border of theUnited States

PATRIOT benefits

Permits rewards tocombat terrorism andprovides fundingopportunities fortraining of firefightersand other firstresponders

PATRIOT benefits

Increases ability of lawenforcement tointercept discussions ofterror plans(Grants greater power to monitor telephone and Internetconversations of suspects)

PATRIOT benefits

Gives access to “any tangible things … books, records, papers, documents … for an investigation … provided that such investigation of a U.S. person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution.”

PATRIOT fears

… like say buying a book from Amazon.com?

PATRIOT fears

“A significant purpose”must be for thegathering offoreign intelligence(Changed from “the purpose”)

PATRIOT fears

Intended for use in non-terrorist crimes againstAmerican citizens(Gives access to medical, financial, library, educational,and other personal records fornormal criminal matters)

PATRIOT fears

PATRIOT fearsForbids librarians andbusiness owners &employees frominforming people thattheir records havebeen requested orseized

PATRIOT fearsAllows taps of any andall phones of people

andmonitoring of Internetuse

PATRIOT fearsPermits entry to homesto seize propertywithout even informinga search has takenplace (“sneak and peak warrants”)

PATRIOT fearsPermits spying onreligious and politicalorganizations andindividuals withoutany evidence ofcriminal activity

PATRIOT fearsCreates “domestic terrorism”(criminal acts dangerous tohuman life meant to influencethe policy of a government byintimidation or coercion or tointimidate or coerce a civilianpopulation)

PATRIOT realities No one outside of

Justice Dept. knows how it is really being used

Vigorously defended by Attorney General Ashcroft/Gonzalez

Ashcroft 32-city tour cost taxpayers $200,000

PATRIOT realities Website claims great

successes (www.lifeandliberty.gov)

Justice Dept. report provides some evidence (July 2004 -- Report from the Field: The USA PATRIOT Act at Work)

http://www.epic.org/privacy/terrorism/usapatriot/doj_report.pdf

PATRIOT realities Being used for non-terrorist crimes againstAmericans

Settle down!

PATRIOT realities Law enforcement

mislead FISA Court at least 75 times

Law enforcement visiting libraries

Law enforcement monitoring, spying on, infiltrating peace groups

PATRIOT backlash More than towns and

counties and 8 states passed resolutions to modify law (more than 85 million Americans)

National League of Cities passed resolution to modify law (245 million Americans)

PATRIOT backlash House voted 309-118

to withdraw funding for “sneak and peak” warrants (9-4 in NC)

Sanders-Paul-Conyers-Otter-Nadler Amendment to 2005 spending bill defeated in tie (210-210)***

*** original vote was 219-201 to pass bill

PATRIOT backlash SAFE Act supported by

a diverse group of liberal and conservative groups (ACLU, ACU, ALA, GOA)

Major conservatives against USA PATRIOT Act (Bob Barr, Dick Armey, Pat Buchanan, Newt Gingrich)

PATRIOT backlash 95% of criminal justice

experts say law passed too quickly

74% say law threatens civil liberties

68% believe that existing laws could be leveraged to protect the nation from terrorism

PATRIOT backlash Federal Judge Audrey

Collins declared Section 805 unconstitutional (Jan. 23, 2004)

Federal Judge Victor Marrero declared Section 505 unconstitutional (Sept. 29, 2004)

PATRIOT backlash Federal Judge Audrey

Collins declared Section 805 unconstitutional again! (Jul. 29, 2005)

Judge Janet Hall lifted a gag order that had been imposed on a librarian by the FBI under the USA PATRIOT Act. (September 9, 2005)

US Chamber of Commerce wrote letter to Senate Judiciary Committee to revise Sections 215 and 505 (October 4, 2005)

http://bordc.org/

PATRIOT backlash Renewed in 2006 and

again in 2010 http://bordc.org/

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety”

A Final Thought …