Is the Patriot Act Too
Great a Threat to Our Civil
Liberties?
Michelle Schoonmaker
Shane Fuhrman
Rachel Almy
Stacey Cremar
USA PATRIOT Act of 2001

Uniting and Strengthening America by
Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism

Response to Sept 11, 2001 terrorist attacks.
Passed the Senate 98-1 and the House 356-66.
 Bush signed in to law on October 26, 2001.

2
What does it do?
“To deter and punish terrorist acts in the
United States and around the world, to
enhance law enforcement investigatory
tools, and for other purposes.”


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342 pages long
Ten titles
Amends 15 statutes
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Title I - Enhancing Domestic
Security Against Terrorism

Establishes Counterterrorism fund (sec 101)
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Reimburses branches of government for funds spent on antiterrorism activities.
Condemns discrimination against Muslim and
Arab Americans (sec 102)
Allows the Dept. of Defense to share information with
the Dept. of Justice during emergency situations (sec104)
Expands the National Electronic Crime Task Force
Initiative (sec 105)
Expands Presidential authority (sec 106)

Allows the President to seize property belonging to foreign
nationals connected with terrorism. If the seizure is based on
classified evidence, then the judge reviewing the case cannot
share that evidence with the defense attorneys.
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Title II - Enhanced Surveillance
Procedures

Authority to share criminal investigative information (sec
203)
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Any information collected by the police or presented to a Federal
grand jury may be shared with intelligence agencies. This
information sharing is limited to evidence of terrorist activities.
Permits a wiretap on an individual, rather than a specific
phone line (sec 206)
Allows for disclosure of electronic communications by
service providers (sec 212)
Permits a delay in notification of a search warrant (sec 213)
Prohibits court action against communication companies
who provide information to the government about
terrorist related actions (sec 225)
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Title III - International Money
Laundering Abatement and AntiTerrorist Financing Act of 2001

Allows Sec. of Treasury certain powers over financial
institutions (sec 311)
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Increased record keeping and reporting of transactions involving institutions
outside the US.
Encourages financial institutions, govt. and law
enforcement to share information on money laundering
and terrorist activities (sec 314)
Limits liability of financial institutions to any person for
submitting reports of suspicious activity (sec 351)
Requires brokers and dealers to submit reports of
suspicious activity, similar to financial institutions in sec
314 (sec 356)
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Title IV - Protecting the Border

Triples the number of personnel stationed
on US borders
Expands list of those who can be deported
for terrorist activity
Attorney General can detain aliens
believed to be part of terrorist activity
without giving evidence or reason
(sec 402)
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(sec 411)
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(sec 412)
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Title V - Removing Obstacles To
Investigating Terrorism

Requires DNA samples of terrorists to be
collected and put on file in a database of
violent criminals
Coordinates federal agents and law
enforcement officers in conducting
surveillance to acquire foreign intelligence
(sec 503)

(sec 504)
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Allows government officials access to
educational records without a court order
(sec 507-508)
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Title VI - Providing for Victims of
Terrorism, Public Safety Officers,
and Their Families

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Public safety officers, involved after an act
of terrorism, are provided benefit
programs and given official expedited
payments. (sec 611)
Gives compensation and assistance to
victims of acts of terrorism
(sec 621)

As a whole, this title gives compensation
and aid to those which are affected by
terrorism in and outside the US.
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Title VII - Increased Information
Sharing for Critical Infrastructure
Protection
Allows federal, state, and local law
enforcement agencies to share information
that enhance the investigation and
prosecution abilities against terrorist
conspiracies and activities (authorizes
appropriations)
(sec 701)
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Title VIII - Strengthening the
Criminal Laws Against Terrorism

Creates new crime of “domestic terrorism” (sec 801-802)
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Terrorist acts against mass transportation vehicles, ferries,
employees, passengers, or operating systems
Expands and clarifies the crimes of harboring or
providing material support for terrorists (sec 803-807)
Expands maximum penalties for terrorist crimes,
attempts, and conspiracies (sec 809-812)
Allows for wiretaps on anyone suspected of “exceeding
the authority” of a computer used in interstate
commerce (sec 814)
Penalties for persons knowingly possessing biological
agents, toxins, or delivery systems (sec 817)
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Title IX - Improved Intelligence
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Permits sharing of information from the CIA to
the Justice Department (sec 901)
Makes officers and employees of the intelligence
community “mini-CIA” to investigate terrorism (sec
903)
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Permits sharing of information from the Justice
Dept. and similar agencies to the CIA (sec 905)
Creates a cross-training program for government
and law enforcement agencies to recognize
foreign intelligence materials and other
information pertaining to their investigations (sec
908)
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Title X - Miscellaneous

Creates grants to aid in first responder
assistance (improved equipment and
training)
Sets up protections of our critical
infrastructures
(sec 1005)

(sec 1016)
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Neo-patriotism

“New Patriotism”
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Those who love their country and will make sacrifices
for their country
Support Patriot Act as protection from terrorism
Neo vs Traditional patriots

Traditional patriots: Ben Franklin, Thomas Jefferson,
George Washington
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Supported and defended the Constitution
Valued liberty
Neo patriots: John Ashcroft, George Bush

Value safety at the cost of some liberty
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Ben Franklin
“They that can give up essential
liberty to obtain a little
temporary safety deserve
neither liberty nor safety.”
15
Patriot Act Since Passing
Since its passing, some parts of the Patriot
Act have been found unconstitutional

Sec 505:
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Allows government investigators access to
consumer reports, telephone records and financial
records
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Produced in secret and without civil liability
Court order not required to obtain documents
Violates first amendment right to freedom of
speech and fourth amendment protection against
unreasonable search and seizure
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Patriot Act Since Passing

Sec 805:
Prohibits giving “expert advice” to terrorist groups
and other organizations
 "The USA Patriot Act places no limitation on the
type of expert advice and assistance which is
prohibited and instead bans the provision of all
expert advice and assistance regardless of its
nature," –Judge Audrey Collins, US District Court
Judge

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Patriot Act Since Passing

Sec 215:
Expands the power of the FBI to obtain records
and other “tangible things” for use in a terrorist
investigation
 American Civil Liberties Union (ACLU) filed a law
suit against the constitutionality of this section violates 1st, 4th, and 5th amendments
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Still pending
In July 2004, the House of Representatives voted
on whether to eliminate section 215 based on its
constitutionality.

Tied 210-210 and the move to eliminate it was struck
down
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The Patriot Act is too great
a threat to our civil liberties.
Infringements on civil liberties
caused by the Patriot Act
Definitions

Computer Fraud and Abuse Act (CFAA)
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Used to prosecute computer hackers and others who
exceed their authority on computers which are
connected to the internet
Wiretap order vs. pen/trap order

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Wiretap orders require probable cause and include
specific information
Pen/trap orders can be given without probable cause
and are for “non-content” information

Non-content information includes all "dialing, routing,
addressing, and signaling information" utilized in the
processing and transmitting of wire and electronic
communications
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Problems with the Patriot Act
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Greatly expanded surveillance with
significantly decreased checks and
balances
Dealing with terrorism?
Created untrusting atmosphere
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Expanded Surveillance
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Easier for government to monitor online
activities of innocent Americans
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Tell a judge that spying could lead to
information in an ongoing investigation.
Investigation does not have to involve person
being spied on.
Government must be granted permission, but
is not obligated to tell court or the person
what was done.
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Expanded Surveillance

Nation-wide Roving Wiretap

Government can issue a Title III wiretap,
Foreign Intelligence Surveillance Act (FISA)
wiretap, or pen/trap order on a person or
entity nationwide

Can follow to other computers, phones or others
not named in the order without court or personal
notification
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Expanded Surveillance

Internet Service Providers (ISP)
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Allows for ISP’s to submit non-content
information without a court order or subpoena
to law enforcement agencies
Expands the information that the government
can seek with a subpoena
No court review required
 Possible information includes:
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records of session times, temporarily assigned network
(I.P.) addresses, and means and source of payments,
including credit card or bank account numbers
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Expanded Surveillance
New definitions of terrorism increase
possible targets of surveillance.
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New crime of “Domestic Terrorism”
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Legitimate protest activities can be considered
terrorism, especially if violence erupts
Three other types of terrorism are expanded

International and Federal terrorism and terrorism
transcending national borders

Opens up more people to possible surveillance
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Dealing with Terrorism?

Many parts of the Patriot Act do not
directly relate to preventing terrorism.
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Government spying on suspected computer
trespassers (hackers) requires no court order
DNA samples of anyone who commits a
“crime of violence”
Wiretaps allowed for suspected violations of
the Computer Fraud and Abuse Act
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Dealing with Terrorism?
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Dramatic increases in scope and penalties for
violations of the Computer Fraud and Abuse Act
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Raising maximum penalty for violations to 10 years
(from 5) for a first offense and 20 years (from 10) for
a second offense
Violators only need intend to cause any damage, as
opposed to specific damage that would cause over
$5000 damage or loss.
Expanded definition of loss to include time spent on
investigation, response, damage assessment and
restoration
Does any of this have anything to do with combating and preventing
terrorism?
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Untrusting Environment
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The Patriot Act provides an environment
where no one can be trusted. It makes
each citizen a police officer, hunting for
terrorism in their own communities.
Similar to the “Red Scare” from 1948-1956
where citizens were looking for
Communists

Replaces “Communist” with “Terrorist”
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The Patriot Act is not too
great of a threat to our civil
liberties.
Reasons why giving up some civil
liberties is worth public safety
Myths/Realities

Myth: Political organizations and peaceful groups can be
subjected to surveillance, wiretapping, harassment, and
criminal action for political advocacy.
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Reality: No organizations can be targeted to the above actions
unless they break the law.
Myth: Many people are unaware that their library habits
(what you take out of a library and what you read on
websites) could become the target of government
surveillance.

Reality: The Patriot Act specifically protects Americans’ First
Amendment rights, and terrorism investigators have no interest
in the library habits of ordinary Americans.
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Myths/Realities con’t
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Myth: Law enforcement can delay giving notice
when they conduct a search (not required to
show a search warrant when searching for
evidence).

Reality: This tool can be used only with a court
order, in extremely narrow circumstances when
immediate notification may result in death or physical
harm to an individual, flight from prosecution,
evidence tampering, witness intimidation, or serious
jeopardy to an investigation.
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Goals of Patriot Act

Prevent

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Protect
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Future terrorist attacks
Innocent Americans from the deadly plans of
terrorists
Preserve

Life and liberty of the American people
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Improved Counterterrorism
The Patriot Act improves the US’s counterterrorism
efforts in many ways

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Allows investigators to use some of the tools which
have been used to investigate organized crime and
drug trafficking
Facilitates information sharing and cooperation among
many government agencies and law enforcement
Updates laws to reflect new technologies and their
potential threats
Increases penalties for terrorist crimes
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Tools

Allows law enforcement use of surveillance
against crimes of terror
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Previously, courts could allow use of electronic
surveillance for non-terrorism crimes.
Aids in federal agents following sophisticated
terrorists
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Many terrorists are trained to evade investigators with
devices such as cell phones.
Roving wiretaps apply to the person, not the
particular phone line.

Used by law enforcement to investigate crimes like
racketeering and drug offenses.
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Tools
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Law enforcement can conduct
investigations without tipping off terrorists
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Delayed search warrants
Federal agents can obtain business
records for terrorism cases
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Government could obtain business records in
criminal cases with a grand jury subpoena
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Information Sharing
Under the Patriot Act, different parts of
government and law enforcement can
communicate.

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Police, FBI agents, federal prosecutors and
intelligence officials can share information
about terrorist activities.
This coordination helps in finding and
prosecuting terrorists.
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New Technological Threats
The Patriot Act revises laws to incorporate new
technology and other new potential threats.

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Victims of computer hacking can seek law
enforcement help in monitoring who is hacking into
their systems.
It’s easier to obtain search warrants.

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Terrorism spans large areas, often into many different
districts.
Law enforcement agents no longer need search warrants
from every district affected.
One can acquire warrants in any district, no matter where it
is to be executed.
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Increased Penalties
Act creates new offenses and increases
penalties for previously existing offenses.

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Clarifies offenses of harboring and material
support of terrorists
New crime of domestic terrorism
Increases penalties
Material support offenses: increased from 10 to 15
years
 Sabotage of nuclear facilities or fuel: increased
from 10 to 20 years

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How American Voters Feel
“To the best of your knowledge have you or a
member of your family had your civil rights
affected by the Patriot Act?” (Fox News/Opinion
Dynamics poll, 2003)
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Conclusion
As a group, we feel that there are some
aspects of the Patriot Act which are very
useful in protecting the American people
and their freedom, such as the
cooperation and sharing of information
between government agencies. However,
the infringements and potential for abuse
of many other sections are too great to
merit not questioning the Act’s
constitutionality.
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