Use substantive facts the posts below:

One( Dev)

The USA PATRIOT Act, signed into law by President George W. Bush on October 26, 2001, was a response to the September 11 terrorist attacks. This Act was to significantly expand the federal government's powers, particularly in surveillance and intelligence gathering that would enhance the abilities of law enforcement agencies to prevent and investigate terrorism. The purpose of this act was to improve information sharing among agencies and bolster measures to detect and prevent terrorist activities. The Act's key attributes included enhanced surveillance procedures, such as roving wiretaps that would allow law enforcement to obtain a single wiretap authorization covering any communication device a suspect might use and the authority for the FBI to access business records and other tangible items.

Furthermore, the Act strengthened border security by implementing measures to prevent terrorists from entering the United States, improving coordination and information sharing between immigration and naturalization services. Increased information sharing among federal, state, and local agencies improved the overall response to potential terrorism. Financial regulations were also introduced to combat money laundering and the financing of terrorism, requiring financial institutions to report suspicious activities. Additionally, the Act created new crimes related to terrorism, such as harboring terrorists, and increased penalties for existing terrorism-related offenses.

The USA PATRIOT Act has been a source of significant political and legal controversy concerning the balance between national security and civil liberties. Initially, the Act passed with bipartisan support, but over time both Republicans and Democrats have expressed concerns about specific authorities, particularly related to surveillance. The Act has been reauthorized and amended several times, with each occasion sparking debate over its necessity and scope. Notable amendments include the USA FREEDOM Act of 2015, which aimed to put a stop to some of the Act's more controversial surveillance provisions. Legal controversies have primarily centered around Fourth Amendment concerns, with augments about how the enhanced surveillance powers infringe on protections against unreasonable searches and seizures.

The impact that his Act has had on civil liberties has been profound, with expanded surveillance capabilities leading to significant concerns about the erosion of privacy rights. The collection of data and the ease with which law enforcement can access personal records have all been prime issues. In conclusion, the USA PATRIOT Act remains one of the most significant and controversial pieces of legislation passed post-9/11. While it has strengthened the government's ability to combat terrorism, it has also raised important questions about balancing national security and civil liberties. The ongoing political and legal debates only highlight the challenges of maintaining this balance in a rapidly evolving security landscape.

Reference:

Matz,C. (2008). Libraries and the USA Patriot Act: Values in conflict. Journal of Library Administration, 47(3-4), 69-87. https://doi.org/10.1080/01930820802186399

Rackow,S.H. (2002). How the USA Patriot Act will permit governmental infringement upon the privacy of Americans in the name of "Intelligence" Investigations. University of Pennsylvania Law Review, 150(5), 1651. https://doi.org/10.2307/3312949

Rubel,A. (2007). Privacy and the USA Patriot Act: Rights, the value of rights, and autonomy. Law and Philosophy, 26(2), 119-159. https://doi.org/10.1007/s10982-005-5970-x

Two (Kenne)

The PATRIOT Act actively violates citizens Constitutional rights is the extreme expansion of what the FBI was authorized to do in regard to searches, seizures and surveillance of US citizens. These expansions of FBI authority directly mainly contradict the 4^th Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (US Constitution, 1787). Two areas of expansion that most concern me involves the FBI searching through individuals' records (financial records, medical histories, internet usage, etc.), and giving the FBI the ability to be more secretive about what they're searching and who they are gathering information on.

The PATRIOT Act gives the FBI expanded access to individuals' records that are held by 3^rd parties. The FBI is able to go to any entity and demand the information that they wanted without probable cause that the person they were gathering information on was "agent of a foreign power," nor did that have to show that the records in question even related to any criminal activity. The act also threw out the need for a warrant, and the agency only had to certify to a judge that search meets the statute's broad criteria. Judges also did not have the authority to reject the application for search either. Any individual or organization that was forced to give up a person's records were also given gag orders, preventing them from notifying the individual that their records had been seized. This also violates the 1^st Amendment right to free speech, as well as an individual's 5^th amendment right to due process, which notice to the individual in question plays a key role (ACLU, 2001).

The PATRIOT Act further violates the 4^th amendment with what it called "sneak and peek" searches (Duignan, 2024). These searches allowed the government to essentially break into your home, do a search of it and potentially seize items from your home, and then proceed to not tell you about it until later, potentially an extended period of time later. This does not give you an opportunity to see the warrant and evaluate it for its limitation on what is and is not covered for search under that warrant.

Reference:

(1787, September 17). Constitution of the United States: Fourth Amendment. Constitution Annotated. Retrieved May 24, 2024, from https://constitution.congress.gov/constitution/amendment-4/

ACLU (2001, October 23). Surveillance Under the USA/PATRIOT Act. American Civil Liberties Union. Retrieved May 24, 2024, from https://www.aclu.org/documents/surveillance-under-usapatriot-act

Duignun, B. (2024, April 1). USA PATRIOT Act. Britannica. Retrieved May 24, 2024, from https://www.britannica.com/topic/USA-PATRIOT-Act