Transcript The USA Patriot Act - Appalachian State University

The USA PATRIOT Act
Dr. Matt Robinson
Appalachian State University
USA
PATRIOT Act
 Stands
for:
“Uniting and
Strengthening
America by
Providing
Appropriate Tools
Required to
Intercept and
Obstruct
Terrorism”
USA
PATRIOT Act
 Purpose:
“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?)
PATRIOT
facts

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
benefits
•
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” of
information about
potential terrorist
threats
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)
Not to
Mention …

Dozens and Dozens of
warnings about planes
being used as
weapons against US
targets!
http://www.justiceblind.com/airpla
nes.html
PATRIOT
benefits
Increases funding to
patrol and secure
Northern border of the
United States
PATRIOT
benefits
Permits rewards to
combat terrorism and
provides funding
opportunities for
training of firefighters
and other first
responders
PATRIOT
benefits
Increases ability of law
enforcement to
intercept discussions of
terror plans
(Grants greater power to
monitor telephone and Internet
conversations of suspects)
PATRIOT
fears

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 the
gathering of
foreign intelligence
(Changed from “the purpose”)
PATRIOT
fears
Intended for use in nonterrorist crimes against
American citizens
(Gives access to medical,
financial, library, educational,
and other personal records for
normal criminal matters)
PATRIOT
fears
Forbids librarians and
business owners &
employees from
informing people that
their records have
been requested or
seized
PATRIOT
fears
Allows taps of any and
all phones of people and
monitoring of Internet
use
PATRIOT
fears
Permits entry to homes
to seize property
without even informing
a search has taken
place
(“sneak and peak warrants”)
PATRIOT
fears
Permits spying on
religious and political
organizations and
individuals without
any evidence of
criminal activity
PATRIOT
fears
Creates “domestic
terrorism”
(criminal acts dangerous to
human life meant to influence
the policy of a government by
intimidation or coercion or to
intimidate or coerce a civilian
population)
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 nonterrorist crimes against
Americans

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-ConyersOtter-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/
A Final
Thought …
“They that can give up
essential liberty to
obtain a little
temporary safety
deserve neither liberty
nor safety”