The Patriot Act

1
The Patriot Act

• Protecting the US or Violating Peoples Freedoms

2
Passage of Legislation

• The Patriot Act was passed in October of 2001
  after the terrorist attacks of September 11.
• Many believed the Bi-partisan bill was hastily
  passed in response to the attacks
• 2nd Patriot Act was passed by Congress on March
  2, 2006
• Signed into law by President Bush on March 9/10,
  2006

3
PATRIOT

• P Provide
• A Appropriate
• T Tools
• R Required to
• I Intercept and
• O Obstruct
• T Terrorism

4
Patriot Act

• Gives the federal Government
• Greater power to track and intercept
  communications
• Allows Treasury Department more power to fight
  money laundering
• Further close US borders
• Can detains immigrants longer without giving
  reason
• Creates new crimes, new penalties against
  domestic and international terrorism

5
Title I

• Establishes a counter-terrorism fund
• Condemns the discrimination against Arab/Muslim
  Americans
• Provides names to terrorists to airlines before
  they boarded flights
• Requires telemarketers to disclose their purpose
  and charities

6
Title II Surveillance Procedures

• Allows government agencies to gather foreign
  intelligence information from both US and non-US
  
• Wiretaps
• Sneak and peak warrants delayed notification of
  search warrants
• Declared unconstitutional in 2007

7
Title II

• Roving Wiretaps dont need to specifically
  state all the areas that will be under
  surveillance
• Also states sanctions against North Korea and
  Taliban-controlled Afghanistan

8
Title III Anti-money laundering

• The prevention, detection and prosecution of
  international money laundering and financing of
  terrorism
• Strengthening banking rules against money
  laundering
• Improve communication between law enforcement
  agencies and financial institutions
• Increasing the maximum penalty for counterfeiting
  currency

9
Title IV Border Security

• To give more law enforcement and investigative
  power to the US Attorney General and to the INS
• Increase in funds to increase Border Patrol
  personnel, Customs personnel and INS inspectors
• Increase in funds to improve technology on the
  Northern Border

10
Title IV

• More access given to INS and State Dept to
  criminal background to determine whether visa
  applicants could be admitted into the US
• Develop technology so all agencies can identify
  people applying for entry to the US
• Disallow immigrants who support or are from
  countries who support terrorism from entering
  into the US
• Mandatory Detention laws
• Any immigrant who is engaged in terrorism or
  activity that endangers US national security
• Can be detained 90 days up to 6 months if they
  are deemed a national security threat
• Must be charged with a crime after 7 days
• Every 6 months detainees are reviewed by Federal
  govt to ask to continue detention of suspect

11
Title V National Security

• National Security Letters
• Subpoena used by FBI to a particular organization
  to turn over records pertaining to an individual
• Requires no judicial oversight
• Violation of the 1st and 4th Amendments?

12
Title VIII Terrorism Criminal Law

• Redefined the term domestic terrorism
  includes mass destruction, assassination or
  kidnapping
• New penalties for those who are convicted of
  attacking mass transportation (20 years with no
  passengers on board and life if passengers on
  board)

13
Title IX Improved Intelligence

• Attorney General, Justice Department, and CIA
  must work together on intelligence gathering
• Must give each department notification of an
  intention of investigating criminal activity of a
  foreign intelligence source

14
Controversy

• Wire taps gives the FBI a blank check to
  violate communications privacy of countless
  innocent Americans violates the 4th amendment
• Sneak and Peak warrants violates the 4th
  Amendment

15
Controversy

• National Security Letters
• Allows the FBI to search telephone, email, and
  financial records without a court order
• Companies could not challenge the FBI subpoenas
• If you are acquainted with a person of interest
  or if you are the friend of a friend of a person
  of interest your records can be searched or
  obtained

16
Controversy

• The Attorney General can detainee any alien for
  an indefinite amount of time if the govt
  believes they may cause a terrorist act
• Violates the 5th Amendment

17
Question

• Does the Patriot Act help protect the US or does
  into violate our rights?