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USA PATRIOT Act of 2001 Maryam Pourrasi , Amy Stewart, Kristin Evans, Michael Nocchiero

USA PATRIOT Act of 2001 Maryam Pourrasi , Amy Stewart, Kristin Evans, Michael Nocchiero. U niting and S trengthening A merica by P roviding A ppropriate T ools R equired to I ntercept and O bstruct T errorism. Maryam Cover Slide YYYY-YYYY. Amy Cover Slide YYYY-YYYY.

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USA PATRIOT Act of 2001 Maryam Pourrasi , Amy Stewart, Kristin Evans, Michael Nocchiero

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  1. USA PATRIOT Act of 2001 MaryamPourrasi, Amy Stewart, Kristin Evans, Michael Nocchiero Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism

  2. Maryam Cover SlideYYYY-YYYY

  3. Amy Cover SlideYYYY-YYYY

  4. Complementary Legislation • Foreign Intelligence Surveillance Act of 1978 • Immigration and Nationality Act • Electronic Communications Privacy Act • Bank Secrecy Act of 1970

  5. USA PATRIOT Act in Practice • Target of investigation does not have to be an agent of a foreign power; investigation cannot be based solely upon activities protected by First Amendment • Intelligence collected has to be relevant to terrorism investigation; targets must only be linked to terrorism • Increase in intelligence collection: • pen register, trap and trace, permits roving wiretaps • “sneak and peek” allowed • courts authorize warrants for investigations outside jurisdiction • Federal National Security Letter (NSL) statutes • No mention of Fourth Amendment rights

  6. USA PATRIOT Act Consensus Unraveled2003-2008

  7. Civil Liberty Issues Emerge • May 2002: Jose Padilla, US citizen, detained as “enemy combatant” • August 2002: DoJ Inspector General Report cited 762 illegal aliens detained; 0 charged with terrorism related crimes • November 2002: FBI requires Middle Eastern refugee center release information on all Iraqi-born clients

  8. Are American Publics Concerned with Civil Liberties or Terrorism? Source: Adapted from poll conducted for the Associated Press by International Communications Research in September 2003

  9. Impact on Government • Drastically increases information collection and resources required for synthesis • Significant strain on bureaucracy: • Financial Crimes Enforcement Network (FinCEN) • FBI: “hold until clear” policy • Lack of internal consensus on boundaries of PATRIOT Act

  10. Impact on Federal Intelligence Agencies • “Lowered… the wall traditionally separating criminal investigation from foreign intelligence gathering.” • Shift from criminal investigation to intelligence gathering • All intelligence gathering starts from public sources • Broader use of NSL statutes “The FBI is becoming the new CIA.” –FBI Intelligence Analyst

  11. PATRIOT Act Implementation at FBI Source: March 2008 Department of Justice Office of the Inspector General Report, A Review of the Federal Bureau of Investigation’s Use of National Security Letters

  12. Judicial Involvement • “Unless made in bad faith” • Bars suits against information providers • Contempt of court • National Security vs. Drugs

  13. The Media “Investigates” • New York Times reports warrantless monitoring of international communications in 2005 • President Bush admits to authorizing Terrorist Surveillance Program • “As long as nothing big happens, the media is uninvolved.” • “The media isn’t probing enough.”

  14. The Legislative Debate • There hasn’t been another 9/11 vs. proof of effectiveness • Hearings in favor of both views through 2003 • Intelligence Reform and Terrorism Prevention Act of 2004 • USA PATRIOT Improvement and Reauthorization Act of 2005 • 4 Republicans join Democrats in Senate filibuster • “I don’t believe this is a partisan issue.” Senator Sununu (R-NH) • April-June 2005: 16 different hearings on civil liberty violations to Committees on Judiciary • Reauthorized in 2006 • Congress has protected civil liberties by rejecting certain legislation

  15. Civil Liberty Interest Group Victories “Effectiveness is disproportionately small compared with the extent of… the invasion of privacy they represent.” • Muslim Community Association of Ann Arbor v. Ashcroft • John Doe, Inc et al. v. Mukasey et al.

  16. Sunset of the Bush Administration • Terrorist Surveillance Program (TSP) expired in 2007 • Supreme Court and warrantless surveillance program • Protect America Act and FISA Amendments Act of 2008 protect TSP • Attorney General certifies defendants’ actions were lawful

  17. “The real question is, ‘Does the PATRIOT Act work?’There doesn’t seem to be a public case explaining the benefits of the tools the PATRIOT Act provides.”-Michelle Richardson, ACLU Lobbyist

  18. Michael Cover SlideYYYY-YYYY

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