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...
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