44.493201
Issues in Technology and Security
How have the Patriot Act and other anti-terror
measures affected civil liberties? (continued)
- government can look at records
on an individual's activity being held by a third parties. (Section
215) (including doctors, libraries, bookstores, universities,
and Internet service providers). No longer has to show subjects
of search orders are "agent of a foreign power."
FBI doesn't have to show a reasonable
suspicion records relate to criminal activity, much less 4th
Amendment requirement for "probable cause." -- just
has to make broad assertion that the request is related to an
ongoing terrorism or foreign intelligence investigation.
- "Essentially no judicial
oversight: government must only certify to judge - with no need
for evidence or proof - that such a search meets statute's broad
criteria, and judge does not even have the authority to reject
application. (my emphasis)"
person or organization forced to turn over records is prohibited
from disclosing the search to anyone. As a result of this gag
order, the subjects of surveillance never even find out that
their personal records have been examined by the government.
That undercuts an important check and balance on this power:
the ability of individuals to challenge illegitimate searches
(my emphasis).
- increased government's ability
to search private property without notice to owner. (Section
213)
- "Violates the Fourth Amendment,
which says the government cannot conduct a search without obtaining
a warrant and showing probable cause to believe that the person
has committed or will commit a crime. "
- "Violates the First Amendment's
guarantee of free speech by prohibiting the recipients of search
orders from telling others about those orders, even where there
is no real need for secrecy."
- "Violates the First Amendment
by effectively authorizing the FBI to launch investigations of
American citizens in part for exercising their freedom of speech.
- "Violates the Fourth Amendmentby
failing to provide notice - even after the fact - to persons
whose privacy has been compromised. Notice is also a key element
of due process, which is guaranteed by the Fifth Amendment."
- new "sneak and peek"
power can be applied as part of normal criminal investigations;
it has nothing to do with fighting terrorism or collecting foreign
intelligence.
- "Puts CIA back in business
of spying on Americans. The Patriot Act gives the Director of
Central Intelligence the power to identify domestic intelligence
requirements. That opens the door to the same abuses that took
place in the 1970s and before, when the CIA engaged in widespread
spying on protest groups and other Americans. * Creates a new
crime of "domestic terrorism." The Patriot Act transforms
protesters into terrorists if they engage in conduct that "involves
acts dangerous to human life" to "influence the policy
of a government by intimidation or coercion." How long will
it be before an ambitious or politically motivated prosecutor
uses the statute to charge members of controversial activist
groups like Operation Rescue or Greenpeace with terrorism? Under
the Patriot Act, providing lodging or assistance to such "terrorists"
exposes a person to surveillance or prosecution. Furthermore,
the law gives the attorney general and the secretary of state
the power to detain or deport any non-citizen who belongs to
or donates money to one of these broadly defined "domestic
terrorist" groups. * Allows for the indefinite detention
of non-citizens. The Patriot Act gives the attorney general unprecedented
new power to determine the fate of immigrants. The attorney general
can order detention based on a certification that he or she has
"reasonable grounds to believe" a non-citizen endangers
national security. Worse, if the foreigner does not have a country
that will accept them, they can be detained indefinitely without
trial. -- ACLU,
"Surveillance Under the USA Patriot Act
1 | 2 | 3 | 4