Sunday, October 6, 2013

Usa Patriot Act

ultranationalistic ACT : TO SERVE AND PROTECT2007 directly , we backpack an essential step in defeating terrorism while protecting the int drama in force(p)s of whatso eer Ameri bums - President George supply (Olsen , patriot drag [It is] ace of the around(prenominal) fundamental tools sexual sex act has inclined the governance to campaign terrorism and pr regulart terrorist acts - Mark Cor al wizard toldo , justice incision (Garcia A11So much is being done in the name of bran-new York , we ar saying don t engross our name to run afoul on people s rights - Glenn C . Devitt , Bill of Rights Defense charge (Garcia A11 M whatsoever aspects of the bill step-up the chance for fairness of nature enforcement and the comprehension community to paying back key to an era where they monitoring deviceed and few clips harassed item-by-items who were but physical exertion their First Amendment rights . Nothing that get alongred on September 11 mandates that we return to much(prenominal) an era - John Podesta , White discourtesy connect Chief of Staff (1998-2001 ( The electronic secretivenessAbove is besides a sm entirely(a) example of the spirited debate surrounding theAmeri stub governance s polemical patriot diddle . In the wake of September 11 , debatesabout the auspices of America flamed anew . Many individuals argued that certain sacrifices werenecessary in to drop the United States a safer place to live Others contended that noamount of shelter was worth sacrificing the basic principles on which America was strandedfreedom and equality for all . Amidst the challenges , a sweeping bill was drafted which would strongly amend 15 jaunty laws and which would implement s for eeral disputed mea au and sotics( un formalized of tax rebate . attorney General John Ashcroft , despite warningsfrom! opposing members of recounting , urged coition to hastily pass the controversial bill . If nonhe warned , pick for conterminous at hand(predicate) terrorist flack catchers would fall at the feet of Congress . On October26 , 2001 , the Uniting and alter America by Providing impound Tools Required toIntercept and Instruct terrorism do written report of 2001 - aka the - was sign(a) intolaw by President George W . Bush ( The electronic solitude . Only 66members of Congress voted against the bill til directly , many overturned that the act violated somebasic civil rights (Olsen , patriot run . Has the nationalist cultivate fulfilled its promises , orvalidated its criticsThe Argument for SafetyBefore examining some of the alleged abuses of the nationalist deport , let us encounter itsproposed benefits . Criminal and recognition agencies hail the measures implemented by the actas breakthroughs in the fight against crime and terrorism . First , they say , a pplied science demandsthat superintendence laws be updated to take on electronic equipment . If terrorists now routinely usecell phones and e-mails to obtain out their activities , then the intelligence agencies hands atomic telephone number 18affectively level(p) if they pull in no authority to conduct wire taps and such on electronic equipment(Eggen A01 . patriot doing-approved technologies such as the roving wiretap and theCARNIVORE system (monitoring Internet performance ) lead advance(a) surveillance of theseadvanced technologies (Hulme 22Second , the patriot action imposes stiffer composealties for terrorist activities , and expands thelist of crimes considered terrorist . For example , prelim laws did not consider activities such asproviding oral instructions on how to carry out an tone-beginning or providing financial get going for toterrorists to be whitlow offenses . As a result , the agencies take a crap much less red tape to wadethrough (saving valuable date ) in to establish probable cause ( Th! e Preserving . fairness enforcement now excessively has more than authority to prosecute hackers--cyberterrorists who could very rally represent the future of terrorism Service impartrs and networkadministrators now mustiness cooperate with ongoing bend investigations (Chidi , patriot doingWith our world so dependent on computer technology , measures against cyber terrorists argon morecrucial than ever Another coup for law enforcement agencies is the return of the delayed occur upon dependwarrant , which saves untold hours of time in evil investigations These warrants permitinvestigators to temporarily snarf informing a surmise that a search is close . such warrants be authorised because they give the surprise advantage vertebral column to investigators . For example , if a medicate dealer knows forward of time that his premises entrust be searched , then established wisdomsays that dealer whitethorn just clear out any potential damning conclusion be fore the legal doctrine arrive . In rise to power , witness and informant deposition much hinges on the promise of confidentiality -confidentiality which notwithstanding delayed expose bay window realize ( The PreservingAnother benefit of the patriot number is its federal agency in forcing law enforcement and intelligenceagencies at heart the government to sh are info more bell- efficiently Prosecutors now routinelyshare try out obtained with intelligence formaliseds . A Department for Homeland security measure haseven been formed . Prior laws back up in the abilities of differing agencies to share informationwhich led to dangerous holes in fellowship and miscommunications ( Summary of ground forces Patriot telephone number SynthesisThese measures arrest resulted in the conviction of hundreds of individuals who , if leftover onthe streets , may have perpetuated the next 9 /11 or worse . Among the victories claimed by thePATRIOT boutLibardo Florez-Gome z , a money la on a lower floorer who provided over a! million dollars amonth in financial support to a Colombian terrorist /drug organization Cyber-terrorist Rajib Mitra , who shut down a Wisconsin police department semergency services 21 times by pile the emergency radio systemAlleged shoe break downer Richard Reid , who was indicted on the new charge of attempting to abrogate a potbelly transportation vehicle (he carried a bomb aboarda Miami-bound flight( The PreservingThe Patriot mold and ProfilingSuch tangible results speak to the effectiveness of the Patriot dissemble unless , validcriticisms of the measure cannot be ignored . some(prenominal) cities have passed initiatives condemningthe law , including (ironically replete ) top terrorist target refreshful York City (Garcia A11 . Criticscharge that the PATRIOT Act violates up to five amendments in the Bill of Rights (Van Bergen Repeal . In annual six-month updates , the Justice Department consistently documentsthousands of complaints concerning civil rights misdeme anors repayable to the law (Bohn , Patriot Act advertise . ingest the followingA Moslem inmate claims that FBI formals ed him to remove his shirt so that the officer could use it to broadcast his shoes (Bohn , Patriot ActAn Arab political detainee charges that the FBI extrajudicially searched his bag in to plant drugs (Sinnar 1423Another Arab detainee was asked by an immigration official if he wanted to kill Christians or Jews (Sinnar 1437During a reanimate s examination , a Bureau of Prisons officials told a detained immigrant that If I was in charge , I would execute any one of you . because of the crimes you all did (Bohn , Patriot ActSenator Russ Feingold voiced his concerns that immigrants would suffer greatly fromenactment of the Patriot Act . In an impassioned speech , he warned his colleagues of upcomingdiscriminatory practices It won t be immigrants from Ireland . It won t be immigrants from El Salvador or Nicaragua . It won t even be immigrants from Hai ti or Africa It will be immigrants from Arab , Mosle! m and southeastward Asian countries . In the wake of these business concernsome events out government has been given vast new powers and they may fall nearly heavily on a minority of our population who already feel particularly acutely the trouble oneself of this disaster( The Electronic back If the aforementioned incidents are any mark , then Senator Feingold s worriesabout societal profiling may have establish a populace . Among the changes implemented by thePatriot Act are a significant lowering of standards for fo rein intelligence surveillance (Section218 . In other words , government officials can monitor any organization or individual that theyfeel pose a panic attack to national security (Sinnar 1419-1431Who , critics claim , are most often the targets of these surveillance stings .ArabAmericans . Terrorist organizations , as has become ritual for the Patriot Act , are delimitateambiguously group of two or more individuals , whether create or not , that engages incommitting , inciting , or planning a terrorist use (Section 411 As a result , the expandeddefinition of fo influence terrorist organizations has come to include such dangerous groups asthose engaged in non-violent proclaim of government policies . When an individual or organizationis charged , prosecutors have permit under the Patriot Act to use secret evidence (Section 213gathered (a violation of the Sixth Amendment s right to confront an accuser (Van Bergen Repeal the In make senseition to increased surveillance of foreign nationals , questionable enactmentof extemporary immigration policies (Section 219 ) have been called into question . Shortly afterthe Patriot Act was sign-language(a) into law , Attorney General John Ashcroft direct this commenttoward those foreigners in America on visasIf you overstay your visas even by one sidereal day , we will arrest you . If you violate a topical anaesthetic law--we will hope that you will , and work to make sure t hat you are put in lock in and be kept in custody as! long as realistic (Olsen , Patriot Act at once again , who was most singled out for these sour words ? even off some ArabAmericans in the country for patronise and legitimate work reasons have come under attack . Andwhen intelligence gathering agencies are given free reign (not motif to the same out-of-pocket processstandards that govern traditional criminal procedures , then those minorities kept in custody aslong as achievable may find themselves facing more businesss than they could have ever imaginedThe Seven-Day Rule of the Patriot Act gives officials the authority to hold a detainee for sevendays without counsel (another violation of the Sixth Amendment (Sinnar 1435-1442 ) In factGeorgetown law professor David Cole , who has indite a book on this very issue , estimates thenumber of foreigners placed in nixive clutch (Section 412 under the Patriot Act at over5 ,000 . Of these 5 ,000 , single cardinal have been charged with a crime . And of those four , two wereacquitted of all charges (McCollam NAImmigrants who are deemed a brat (the threat in question is never clearly specifiedare subject area to beside deportation with no hope for an appeal . Even those who are notdeported can be held in custody indefinitely (and , as some claim tortured , even if they have no venture sexual relation to ongoing terrorist activities (violation of the Eight Amendment s prohibitionof cruel and unusual punishment . In essence , the due process guaranteed by the FifthAmendment becomes a dead letter (Van Bergen , Repeal the . What concreteand justifiable standards are set forth to doctor who is detained and deported ? Once againvagueness is the name of the game : anyone suspected of terrorist activity on reasonablegrounds (Sinnar 1447-1451 ) What reasonable grounds have some INS officials implantAccording to American Muslim Union lawyer Sohail Mohammed , exchanges such as the onethat follow (between an INS official and an Arab detainee ) are more commonplace than anyonewould lik! e to musical accompaniment : INS official : You sound foreign . Show me your passport The detaineedespite having been tooshie cleared of any wrongdoing , spent four-and-a-half months in toss out . Thelast words he heard from the INS official were Why do you make your women wear thosethings (Adas 57The Patriot Act and silenceMoving away from the dangers of pagan profiling compel by the Patriot Act , what aboutlarger issues of screen .issues that have the potential to affect every American citizenRegarding these concerns , regime truly do make strange bedfellows From liberal watchdogssuch as the ACLU to some of the most Conservative Congress members of today , abuses ofindividual niggardness are foremost on the minds of Patriot Act critics star topology controversial provision(Section 215 ) grants the FBI authority to demand nearly any typesetters case of information about anindividual imaginable : medical history , blood records , gun purchases , even In ternet usepatterns . Such a drift out is possible even in the absence of suspected terrorist activitiesSection 505 seems to control all of those areas which 215 neglects including financial documentstelephone bills , e-mail trailings , and credit reports ( Rights Advocates EWeek . Anotherlong-standing subject of joust which predates the Patriot Act is the hotly contendCARNIVORE technology , which allows for tracking of vane surfing habits and e-mail messages(Olsen , Patriot Act . Even libraries (traditionally shield from providing confidentialinformation on its patrons ) must turn over records if they are found to possess any tangiblethings (more of that oh-so-clear wording ) relating to a suspect too , any ordinary computeris subject to surveillance , which overturns preexistent communication-intercept laws (such as theTitle III ) prohibiting such surveillance ( The Electronic PrivacyArguably most controversial in the privacy debate is the Patriot Act s authorizat ionof pen registers and trap and trace devices (rec! ording numbers dialed from an onlineconnection .
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Both pieces of equipment are sophisticated surveillance devices that amount toelectronic /online wire-tapping . Once again , the exactly criteria for such surveillance is that theactivities be relevant to an ongoing criminal investigation ( Patriot Act ACLUThe SolutionWould a complete abolishment of the Patriot Act truly accomplish more than arevamped , more efficient , Patriot Act ? Several measures could be interpreted which would makethe Patriot Act and other such prophylactic measures more pleasant-tasting to critics . For instance , the granting immunity of training Act guarante es the American public an opportunity to review documentsimportant to its own well-being . heretofore political campaigns to disclose important documents have been met withCongressional resistance in the erstwhile(prenominal) ( The Electronic Privacy . If any lawshould be expanded (and not subject to the whims of a selected few then it is the Freedom ofInformation ActAn informed public could provide the most powerful check and equilibrium of all togovernment abuses . close to of the public does not truly understand the Patriot Act because thedocument itself is worded ambiguously . For example , search and ecstasys are authorize ifauthorities can discover a significant purpose ar such purposes a tip about weapons thatthe suspect possesses ? Or do the purposes include the suspect s ethnic origin ? Such aquestion is not so outrageous , because the word purpose is never defined within the documentThese vague wordings are populated end-to-end the PATRIOT Act (Van Bergen , Repeal the . If Americans truly understan! d what is imposed upon them by the PatriotAct , then they would likely be tempted to expand the sunset(a) provision (terminating many of theelectronic surveillance measures on the last day of 2005 ) to the act as a whole ( The USA PatriotAct Electronic Privacy . Then , a newer , more clearly worded and efficiently written bill(taking into account recommendations from the 9 /11 commission ) can take its place A few alternative bills have also been introduced that are worthy of further investigationFor instance , the Security and Freedom Ensured (SAFE ) Act would set a more rigorous standardfor obtaining search warrants , ie with specific and concrete facts that prove the individual is alikely terrorist or other criminal . This act would also add more privacy protections for libraryusers . Two other proposals , however , would prevent the seizure of library and booksellerrecords , which are two of the most hotly contested issues in the Patriot Act debate (Pike 17-18 . Once ag ain , proof and court review are important determinants or seizure . These twochecks and balances would reintroduce respect for privacy into safety measures ( The USAPatriot Act Electronic PrivacyThe preceding proposals address the problems of privacy found within the Patriot Actbut what about allegations of ethnic profiling ? racism and bias will always exist in someform . and , we can take away some of the legal excuses for these actions by adoptingstronger immigration policies . Political candidates often soft-pedal this issue , perhapsout of fear of offend potential minority voters or perhaps due to the cost savings somebusinesses (and political backers ) gain with the employment of illegal aliens . whatsoever the casethis issue needs to be in the header of insurance policy change . If the government has a reveal grip onwho is accounting entry and leaving this country , then ethnic profiling - in large part an effort to trackdown all of the illegal immigr ants hybridizing the bs - becomes null and profane ! (McCollamNA . Concerning those minorities native to America , perhaps a revised transformation of overture54 (which would have eliminated the government s right to gather racial /ethnic informationfor statistical purposes or other ) would diffuse some of the racial boundaries evident inAmerica ( Proposition 43 Racial PrivacyAn alternative conjuration bullet will not solve the all-too real problem of terrorism . Safetyand liberty are not mutually sole(prenominal) aims .the history - the very alkali - of our country atteststo this fact . The Patriot Act has worked . The Patriot Act can continue to work , but not withoutsignificant modification . We owe it to ourselves to find that balance . And we owe it to victims ofterrorism worldwide past , present , and not in the futureWORKS CITEDAdas , Jane . New York Congressman Nadler Calls USA PATRIOT Act positive Danger to Civil Rights majuscule Report on sum East Affairs 21 : 2157-58Bohn , Kevin . Patriot Act Report Docu ments Civil Rights Complaints CNNAccessed November 24 , 2007 . open HYPERLINK hypertext transfer protocol / entanglement .cnn .com http / entanglement .cnn .comChidi , George . `Patriot Act Aids Law Enforcement net income World Fusion Accessed declination 24 , 2007 . AvailableHYPERLINK http / web .nwfusion .com / news /2001 /1105carrier .html http / web .nwfusion .com /news /2001 /1105carrier .htmlEggen , Dan . FBI Applies New Rules to Surveillance Washington have a bun in the oven (Dec . 13 , 2003A01Garcia , Michelle . N .Y . City Council Passes Anti-Patriot Act Measure WashingtonPost (Feb . 5 . 2004 : A11Hulme , George V . Antiterrorism Law Targets Hackers Around the World InformationWeek (Dec , 2001 : 22McCollam , Douglas . A Patriot Act American Lawyer 25 : NAOlsen , Stefanie . Patriot Act Draws Privacy Concerns . Accessed November 24 , 2007Available HYPERLINK http /news .com .com /026 .html http /news .com .com /026 .html Patriot Act ACLU . Ac cessed November 24 , 2007 . AvailableHYPERLINK http ! /network .aclu .org /SafeandFree /SafeandFree .cfm ?ID 12263 c 206 http / vane .aclu .org /SafeandFree /SafeandFree .cfm ?ID 12263 c 206 Proposition 54 Racial Privacy . Accessed November 24 , 2007 AvailableHYPERLINK http /www .racialprivacy .org http /www .racialprivacy .orgPike , George H . A SAFEr USA PATRIOT Act ? Information Today 21 : 17-18 Rights Advocates Urge Patriot Act Amendments EWeek (Nov , 2003 NASinnar , Shirin . flag-waving(prenominal) or Unconstitutional ? The Mandatory Detention of Aliens Under the Stanford Law recapitulation 55 : 1419-1456 Summary of USA PATRIOT Act Synthesis /Regeneration (Spring 2002 5-6 The Electronic Privacy Information plaza Accessed November 24 , 2007Available HYPERLINK http /www .epic .org /privacy /terrorism /usapatriot http /www .epic .org /privacy /terrorism /usapatriot The USA PATRIOT Act Preserving sprightliness and self-sufficiency . Accessed November 24 , 2007Available HYPERLINK http /www .lifeandliberty .gov http /www .lifeandliberty .govVan Bergen , Jennifer . Repeal the Accessed November 24 , 2007 . AvailableHYPERLINK http /www .truthout .com /docs_02 /04 .02A .JVB .Patriot .htm http /www .truthout .com /docs_02 /04 .02A .JVB .Patriot .htmPAGEPAGE 11Patriot Act ...If you want to get a panoptic essay, graze it on our website: BestEssayCheap.com

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