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Those that believe that the Patriot Act represents a grave breaking of basic individual freedom ignore the fact that although governmental agencies have the right to obtain personal data about a person and to put that person under surveillance without notification, they cannot do so without the approval of a judge. The Patriot Act does not fully allow the FBI or the CIA to access personal data; it merely gives them the possibility to do so if a judge agrees that they have sufficient reason for it.
The greatest opposition against the Patriot Act provisions is centered on the fact that it allows agencies to have access to personal information, that is and should remain private. However, the Patriot Act does not break the privacy right stipulated in the Fourth Amendment because the Fourth Amendment does not refer to items disclosed to third parties. For example, a credit card user reveals his purchase to the seller and the credit card company. He therefore has no privacy expectations in the record of those purchases that the Fourth Amendment would protect. As a result, the government, whether in a criminal case or a terror investigation, may seek his credit card receipts without a traditional Fourth Amendment showing to a court that there is "probable cause" to believe that a crime has been or is about to be committed. Instead, terror investigators must convince that FISA (Foreign Intelligence...
The Patriot Act does not break individual freedom as liberty can be preserved while adopting new weapons in dealing with a new kind of threat to national security. In fact, there are great chances that liberty could be lost unless the U.S. government responds effectively and firmly against the acts of terrorism that are affecting every citizen of our country. The Patriot Act was a timely solution to fight against an unprecedented situation and if anything, it was a bold solution for a very difficult situation. People should focus on how their own security can and should be improved and perceive the Patriot Act as a piece of legislation designed especially to provide this most important need to them.
Bibliography
Abramson, Larry and Maria Godoy, the Patriot Act: Key Controversies, December 16, 2005, available at http://www.npr.org/news/specials/patriotact/patriotactdeal.html;
McCarthy, Andrew C., "The Patriot Act without Tears: Understanding a Mythologized Law," National Review, Vol. 56, June 14, 2004;
McKenna, George, and Stanley Feingold, eds., Taking Sides. Clashing views on controversial political issues, McGraw-Hill/Dushkin, Dubuque, Iowa, 2005.
Bibliography
Abramson, Larry and Maria Godoy, the Patriot Act: Key Controversies, December 16, 2005, available at http://www.npr.org/news/specials/patriotact/patriotactdeal.html;
McCarthy, Andrew C., "The Patriot Act without Tears: Understanding a Mythologized Law," National Review, Vol. 56, June 14, 2004;
McKenna, George, and Stanley Feingold, eds., Taking Sides. Clashing views on controversial political issues, McGraw-Hill/Dushkin, Dubuque, Iowa, 2005.
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