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Chapter 17 Law and Terrorism. Introduction: The terror attacks of 9-11 change America. Introduction: The terror attacks of 9-11 change America President Bush/Congress passed laws & policies to respond to the threat of terror. Introduction: The terror attacks of 9-11 change America
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Chapter 17 Law and Terrorism
Introduction: The terror attacks of 9-11 change America
Introduction: The terror attacks of 9-11 change America • President Bush/Congress passed laws & policies to respond to the threat of terror
Introduction: The terror attacks of 9-11 change America • President Bush/Congress passed laws & policies to respond to the threat of terror • CIA, FBI, other agencies have become involved in the “War on Terror”
Introduction: The terror attacks of 9-11 change America • President Bush/Congress passed laws & policies to respond to the threat of terror • CIA, FBI, other agencies have become involved in the “War on Terror” • Civil liberties groups have challenged many of these acts and Presidential actions
Introduction: The terror attacks of 9-11 change America • President Bush/Congress passed laws & policies to respond to the threat of terror • CIA, FBI, other agencies have become involved in the “War on Terror” • Civil liberties groups have challenged many of these acts and Presidential actions • Sometimes in a free society, things get a bit messy
I. The Law in times of War • USA Patriot Act (2001); intended to combat terrorism by tracing the sources of money that fund terrorism
I. The Law in times of War • USA Patriot Act (2001); intended to combat terrorism by tracing the sources of money that fund terrorism • finding and detaining terrorists
I. The Law in times of War • USA Patriot Act (2001); intended to combat terrorism by tracing the sources of money that fund terrorism • finding and detaining terrorists • intercepting communications among terrorist groups
I. The Law in times of War • USA Patriot Act (2001); intended to combat terrorism by tracing the sources of money that fund terrorism • finding and detaining terrorists • intercepting communications among terrorist groups • Expanded the power of the CIA, FBI, Department of Justice
I. The Law in times of War • USA Patriot Act (2001); intended to combat terrorism by tracing the sources of money that fund terrorism • finding and detaining terrorists • intercepting communications among terrorist groups • Expanded the power of the CIA, FBI, Department of Justice • enabled agencies to track communications on the internet, install phone/computer wiretaps, access personal, medical, financial information
Patriot Act raised certain questions • How much freedom are we willing to give up in return for increased security?
Patriot Act raised certain questions • How much freedom are we willing to give up in return for increased security? • Does the Patriot Act infringe on civil rights guaranteed in the Constitution?
Patriot Act raised certain questions • How much freedom are we willing to give up in return for increased security? • Does the Patriot Act infringe on civil rights guaranteed in the Constitution? • Civil War; Lincoln suspends writ of habeas corpus
Patriot Act raised certain questions • How much freedom are we willing to give up in return for increased security? • Does the Patriot Act infringe on civil rights guaranteed in the Constitution? • Civil War; Lincoln suspends writ of habeas corpus • WWII, Japanese are interred as war fears rise
Patriot Act raised certain questions • How much freedom are we willing to give up in return for increased security? • Does the Patriot Act infringe on civil rights guaranteed in the Constitution? • Civil War; Lincoln suspends writ of habeas corpus • WWII, Japanese are interred as war fears rise • WWI, US restricts American’s free speech and forbids criticizing US government
Questions for you… • Is the war on terrorism similar to other wars when rights have been restricted? How is it different? • Assume you were the President on 9-11, What special powers would you want? • Assume you were the leader of a civil liberties organization. What civil rights would you fight hardest to protect?
II. Surveillance and Searches • Since 9-11, US has more power to conduct searches and surveillance
II. Surveillance and Searches • Since 9-11, US has more power to conduct searches and surveillance • Passengers in airports subject to more detailed searches
II. Surveillance and Searches • Since 9-11, US has more power to conduct searches and surveillance • Passengers in airports subject to more detailed searches • broader power to intercept Internet/phone communications it believes to be engaged in terror related activities
Foreign Intelligence Surveillance Act Court • Everything is kept secret
Foreign Intelligence Surveillance Act Court • Everything is kept secret • can authorize wire taps, even if there isn’t probable cause
Foreign Intelligence Surveillance Act Court • Everything is kept secret • can authorize wire taps, even if there isn’t probable cause • Originally set up in 1978 to gather foreign intelligence - not for domestic crimes
Foreign Intelligence Surveillance Act Court • Everything is kept secret • can authorize wire taps, even if there isn’t probable cause • Originally set up in 1978 to gather foreign intelligence - not for domestic crimes • Supreme Court has ruled evidence gathered as a result of this court’s authorization to be used in criminal trials
Foreign Intelligence Surveillance Act Court • Everything is kept secret • can authorize wire taps, even if there isn’t probable cause • Originally set up in 1978 to gather foreign intelligence - not for domestic crimes • Supreme Court has ruled evidence gathered as a result of this court’s authorization to be used in criminal trials • In some cases (under the Patriot Act) the government can postpone notifying people whose premises has been searched until after the search
Problem 17-3 • On a scale of 1 to 5 (1=strongly agree), indicate where you stand on the following • “In a time of heightened concern about domestic terrorism and national security, the government should be allowed to do whatever it believes is necessary to uncover and arrest terrorists • Same scale, answer the following… • Look at everyone’s email at work…home • Install surveillance cameras on the street • Check travel records of people coming into the country
The End Chapter 17, part 1