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History of civil liberties & surveillance
USA Patriot Act
Support & Challenges
Effects of Patriot Act
Case Studies
Conclusion

 


Supporters:
The DOJ

The United States Department of Justice (DOJ) continually defends the Patriot Act and hails it for bringing “the federal government’s ability to investigate threats to the national security into the modern era” (DOJ FS: USA Patriot…2006). Removing obstacles to national security investigation coupled with the use of modern technologies, the DOJ believes that the federal government is more adequately able to protect the U.S. against terrorism. Due to increased information sharing between governmental agencies the Bush Administration claims to have won important victories in the War on Terror (DOJ FS: Civil…2005). The DOJ states that there have been no confirmed abuses of civil liberties since the Patriot Act’s enactment, and with the passage of the USA Patriot Act Improvement and Reauthorization Act of 2005, there are numerous safeguards in place to continue protecting the privacy and civil liberties of American citizens (DOJ FS: USA Patriot…2006).

A spokesman for the Justice Department, Mark Corallo, confirms that good standing American citizens should not be concerned about their individual rights under the Patriot Act. Corallo stated “We’re not going after the average American…If you’re not a terrorist or spy, you have noting to worry about” (Kranich…2003)

The Bush Administration

The Bush administration was able to gain enough support in Congress to institute the reauthorizing legislation, which according to the DOJ is vital to maintaining important security measures created by the Patriot Act. On March 9, 2006 President Bush gave a speech addressing the passages of the bill that reauthorized the Patriot Act. Bush thanked the Senate for its approval of the act despite the Democratic-filibuster. He continued to vehemently defended the act for helping to protect the country, and for its ability to safeguard American civil liberties. In the speech President Bush thanked members of Congress and other influential people who helped facilitate its passage, he included people like Chairman of the House Judiciary Committee F. James Sensenbrenner Jr., R-Wis., and Attorney General Alberto R. Gonzales.

FBI

The FBI also praises the Patriot Act as crucial in allowing them to perform counterterrorism mission. They cite that the Patriot Act has allowed them:

  • A new way to approach intelligence sharing and investigations.
  • New technologies that have enabled them to do more well-rounded investigations, which have helped in areas such as wiretapping, pen register/trap, and in new communication technologies that could have otherwise been taken advantage by terrorist.
  • The ability to track and locate the financing of terrorist cells.
  • The FBI Web site also notes that no civil liberties have been compromised in connection with the act.

Other Supporters

Rep. Sensenbrenner has stated that the DOJ and other government agencies have been able to use the services provided by the Patriot Act to find terrorist cells in Oregon, New York and Virginia. Rep. Sensenbrenner notes the controversy over civil rights associated with the Patriot Act, but defends the act as necessary for fighting terrorists. The DOJ in numerous terrorism investigation has charged many defendants, almost half of which pleaded guilty or where convicted of terror crimes. The Justice Department’s independent inspector general who conducted six reports on the Patriot Act found no exploitation or violation by governmental agencies and Rep. Sensenbrenner supported instituting the reauthorization legislation and its 30 civil liberty safeguards (Sensenbrenner…2006).

“The Patriot Act has been successful in helping prevent acts of terrorism in many ways. First, it updated anti-terrorism and criminal laws to reflect evolving technologies. Second, it increased penalties for those who commit terrorist crimes. Third, it gave terrorism investigators the same tools used by those who pursue drug dealers and the Mafia. Most important, the act helped break down the wall preventing regular exchange of information between the law enforcement and intelligence communities.” Said Attorney General Alberto R. Gonzales (Gonzales…2005).

According to Gonzales the Patriot act has been invaluable to the United States, in helping to fight terrorism while still ensuring that American civil liberties are being kept in tact. He states that concerns over the acts hasty passage are unjustified due to the fact that Congress heard from 60 witnesses in the 23 hearings that it held dealing with the reauthorization act. These witnesses where provided by the DOJ and testimonies from 30 experts where also taken at the hearings (Gonzales…2005). Gonzales, along with President Bush, and other adamant supporters of the Patriot Act believe that it is the only way to help prevent disastrous terror attacks, and without the tools provided by this act law enforcement officials will not have the necessary equipment to make sure the country is protected.

Rudolph W. Giuliani, who was mayor of New York during the 9/11 attack, was also very concern with the passage of the reauthorization act. He feels that Americans need to take necessary measures to protect both themselves and their rights against terrorist who will stop at nothing to destroy the country and everything it stands for (Giuliani…2005). Giuliani believes that old ways of dealing with terrorist are no longer applicable, and the reauthorization of the Patriot Act demonstrates tools needed to aid both the country and its citizens from future violence.

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