USA Patriot Act the Uniting

USA Patriot Act

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (also known as USA PATRIOT ACT), is a Congressional Bill passed into law by president George W. Bush as a reaction to the September 11 bombings and other acts of terrorism against New York City and the Pentagon. It purportedly enhances the powers of domestic law enforcement agencies in searching phone, internet, medical, financial, credit records of U.S. citizens (and visitors), it allows foreign intelligence investigations within the U.S.A., it increases the powers of the Treasury in regulating financial transactions of foreigners, widens the discretion of authorities in detaining and deporting immigrants, and enhances definition of terrorism to further include domestic terrorism. It has created changes in U.S. Laws such as in the Foreign Intelligence Surveillance Act of 1978, Electronic Communications Privacy Act of 1986, Money Laundering Act of 1986, Bank Secrecy Act and Immigration and Nationality Act. It is very controversial in nature and has had various proposals for amendments (none of which have been passed to date). The bill itself is said to have been passed into law in a "rushed" manner.

Like any law it has its share of advantages and disadvantages. Disadvantages such as misuse and abuse of its provisions, far outweigh advantages. Advantages easily identified are:

1) Increased funding for counter-terrorist activities and funding for FBI Technical Support Center. The Patriot Act creates a fund for counter-terrorism as well as provides increased funding for the FBI as the main law enforcement agency that caters to acts of terrorism, thus enhancing national security.

2) S-214 Bill. This bill was created as an off shoot or effect of the Patriot Act. Suspicions and fears that background investigatory powers would be misused to choose and/or dismiss judges according to their political leanings regarding Republican issues resulted in the creation of a Preserving U.S. Attorney-General Independence Act of 1997 bill. T his protects the integrity, independence and term security of U.S. Attorney Generals.

3) Money Laundering. Definitions of money laundering is better delineated, cases related to it is better monitored, investigated, and prevented using electronic surveillance and additional provisions. Such provisions allow cases to be intercepted and prosecuted in places where the money laundering started from.

Disadvantages far outweigh the advantages, which includes:

Abuse of enhanced powers. Law enforcement agencies use the increased powers of investigation for "sneak and peak" investigations which allows delayed notification of search warrants; they use in to access private individuals' financial, credit, employment and health records. This is a clear violation of the citizens' rights to privacy.

Patriot Act against the Homeless. There has been a case where the Patriot Act was used as reason to bar homeless from staying in public areas such as transit stations, stating that they could actually be terrorists posing as homeless. In this case, it may be seen that the Patriot Act does not protect all citizens. It can be used to violate basic human right.

Use of National Security Letters. The use of National Security Letters where the government asks private agencies (media, banks, etc.) for private information and give a NSL, wherein said agency cannot divulge the fact that they had given the said information, has also been rampant. Many complain it to be against the Fourth Amendment.

Foreign Surveillance Laws. Some provisions impinge on the privacy of domestic and alien individuals. In fact, both the governments of Nova Scotia and Canada have expressed concern and are taking steps to protect their citizens. This is not good in terms of international relations.

Indefinite Detention of Aliens. Any alien suspected of terrorism (committed, planned or suspected to commit in the future) by Attorney General can be detained indefinitely. The Patriot Act which is supposed to protect bias against Arab nationals it has also been used to detain aliens, whether Arab or otherwise, indefinitely -- a clear abuse of investigatory powers.