USA Patriot Act

The Controversial Anti-Domestic Terrorism Bill

The Acronym

• It stands for: “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act of 2001.

• At one point, it had just been called the “Uniting and Strengthening America” Act, and at another the “Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act.

• The two names were merged to create the final product.

Catalyst for the Act• On September 11th, 2001, a group of radical Muslim terrorists

called Al Queda attacked the World Trade Center in New York City.

• They ran a plane into the Twin Towers. The Towers fell.• Our President at the time, George W. Bush, declared a War on

Terror due to this atrocious action. Legislation that would further the goals of this declaration was set into motion soon after by Senators and other politicians.

• And…Shizzam!! Six weeks later, the USA Patriot Act was born. Apparently, the gesticulation period was cut short by panic and haste. Bills usually take about a year or so to get passed. Acts take even longer. Little “Pat” was premature.

Key Acts Affected by the USA Patriot Act

• The Foreign Intelligence Surveillance Act of 1978 (FISA). Introduced after the Watergate scandal, and restricts how the government may use domestic wiretaps and the interception of communications.

• The Electronic Communications Privacy Act of 1968 (ECPA). Stated that domestic wiretaps are illegal, with multiple court case precedents (Katz v. US and Berger v. New York).

• The Bank Secrecy Act (BSA). It requires financial institutions to keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding a daily aggregate amount of $10,000, and to report suspicious activity that might signify money laundering, tax evasion or other criminal activities. 

• The Money Laundering Control Act of 1986. An amendment to the BSA, it made it a crime to structure transactions in such a way as to avoid BSA reporting requirements

• The Immigration and Nationality Act of 1952. This allowed the government to deport immigrants or naturalized citizens engaged in subversive activities and also allowed the barring of suspected subversives from entering the country.

Break It Down

• To properly understand the reasons behind the uproar about the USA Patriot Act, it is necessary to look at each and every provision of it.

• The next few slides will paraphrase the Act’s different provisions.

• Next, there will be an explanation of why that particular part is controversial, and what has been done about it previously.

Provision The First• This allows law enforcement agencies greater freedom in the

searching of communication, specifically telephone and email communications.

• Brandon Mayfield was the victim of an FBI “sneak and peek” search, in which they took three hard drives, ten DNA samples, and 335 photographs of personal items.

• All of this was without a warrant or Mayfield’s knowledge or permission. It was allowed by the Patriot Act.

• The FBI had thought that Brandon had been involved in the Madrid Train Bombings, which prompted the search. Brandon was imprisoned for nearly two weeks before he was let go.

• An unsuccessful lawsuit has been filed against the United States government by Brandon. He says that his rights were violated by the investigation against him and his arrest.

The Second Provision• This allows law enforcement agencies greater freedom in

searching public and private records, specifically financial and medical.

• The American Civil Liberties Union sued the FBI because they requested account information of users of an Internet service provider.

• The ACLU contended that no records that may contain private financial or business information may be released if they are not pertinent to an ongoing investigation.

• For three weeks, no records were released due to the Department of Justice citing possible secrecy provisions of the USA Patriot Act.

• Eventually, portions that did not violate secrecy rules were released.

Provision Three

• This lowers restrictions on intelligence gathering of foreign affairs within this country.

• Roving wiretaps are now not domestic surveillance; they are foreign intelligence surveillance.

• Proposed expansion of wiretaps from phone lines to Internet uses.

• Books, records, papers, documents, and other items are made accessible to the United States government under the pretense of foreign intelligence gathering.

Provision Number Four

• This increases the Secretary of Treasury’s power concerning regulation of financial affairs, particularly transactions with foreign entities.

• Um… Yay for Henry Paulson? No one really had a problem with this part…

• Potentially, this could mean that the Secretary of Treasury would have the ability to control the economy, but…that’s a bit far fetched. Just try to keep it in your pants, conspiracy theorists.

Provision 5

• This enhances discretion of authorities in the field of immigration detainment and deporting if there is a suspicion of terroristic activities.

• Over $50 million was given to the Immigration and Naturalization Service (INS).

• Enough funds were set aside to triple the maximum number of border patrol personnel, customs service personnel, and INS inspectors.

• Access was given to the INS to criminal records of anyone trying to enter the United States.

• Any alien attempting to enter the US who is associated with a group that has terroristic connotations will be immediately rejected, without any questions or exceptions.

6 - Provision

• This includes “domestic terrorism” in the definition of “terrorism” to allow greater power within the other provisions of the Act.

• This is the biggest one of all. While having no specific cases, it encompasses every other part of the Act.

• Anything of terroristic nature (a term open to definition) in the United States is terrorism, and can be treated as such. Measures taken are specified by the other provisions.

In Conclusion…

• The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 was made due to the 9/11 attacks.

• It addressed and changed countless other Acts.

• All six of its major components have controversial aspects, and there have been situations in which people protested these in various ways. (Some more so than others.)

Thank you!!

• Thanks for watching this power point!! Hopefully you learned something!

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