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THE USA PATRIOT ACT:TWO YEARS LATER
QUESTIONS AND ANSWERS FOR CONCERNED COMMUNITIES
The USA PATRIOT (Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and ObstructTerrorism) Act was passed by Congress in
October 2001, almost immediately after the terrorist attacks of September 11th. The stated purpose of the Act is to enable law enforcement officials to track down and punish those responsible for the attacks and toprotect against any similar attacks.
Many advocates believe that some portions ofthe law go too far in sacrificing important civil rights and liberties in the name of national security, but others focus on the portions of the law that provide important tools for law enforcement. Many commentators argue that the administration has evaded legitimate requests from Congress and the public about how controversial provisions in the Act can be or are being used, making it difficult to evaluate these laws.
Much of the commentary on the USA PATRIOT Act is confusing or even inaccurate, and the subject is often politicized. This ?Question & Answer? fact sheet is designed to help communities think and talk about this important set of laws in ways that make sense.
What is the USA PATRIOT Act?
The USA PATRIOT Act is a bill that Congress passed as federal law in October 2001, almost immediately after the terrorist attacks of September 11th. The actual text of the USA PATRIOT Act contains 134 provisions addressing subjects as diverse as surveillance procedures; money laundering; border protection; providing for victims of terrorism, public safety officers and their families; information sharing for infrastructure protection; criminal laws; and intelligence gathering and sharing.
The real question appears to be not whether the entire Act is good or bad, but how the provisions that are most controversial affectour nation. Perhaps more important is the lack of information about how these provisions are being used. The Department of Justice has evaded or only partially answered questions from Congress concerning its use of these powers. Currently, several law suits are underway concerning information about certain provisions or their constitutionality.
Why is the USA PATRIOT Act controversial?
Most of the Act isnotcontroversial, and some portions are welcomed as good public
policy. For example, the Act includes provisions that update criminal, immigration and banking law to reflect changes in technology. A handful of provisions, however, have received national attention from critics and defenders alike. Some of these provisions expand the government?s power to spy on ordinary people or search their homes without their knowledge. Advocates for civil liberties assert that use of these techniques without adequate judicial oversight contravenesthe Constitution, which guarantees that searches and seizures are unlawful unless an impartial judge determines law enforcement had a good reason to suspect that there was evidence of a crime to be found.
Other provisions subject non-citizens to exclusion, detention or deportation with
questionable procedures, some for behaviorthat would be protected by the Constitution if they were citizens. Other provisions remove important checks and balances between the branches of the government, such as reducing or eliminating the power of the courts to ensure the administration is respecting constitutional rights. Some provisions are seen as fostering a "chilling effect" on people's willingness to criticize the government or freely associate with others. Advocates
concerned about this effect argue it will not affectjust people with something to hide, but also innocent persons who seek simply to be left alone. Some provisions authorize new powers for the intelligence arm of the FBI, which always operates without public disclosure of its actions. Other provisions, while described by their proponents asessential to fight terrorism, are being used to investigate crimes unrelated to terrorism. Advocates are concerned that law enforcement "took
advantage" of the nation?s fear of terrorism to more easily persuade lawmakers to expand their power in ways that are unrelated.
Some supporters of the USA PATRIOT Act say every provision has been essential to stopping additional terrorist attacks since 9/11, while downplaying the actual effect of its changes on the law. One source of controversy is the lack of information about how the new laws are being used. The USA PATRIOT Act greatly expands the powers of the Department of Justice while reducing theoversight role of the courts. Since the Department of Justice has resisted responding to requests for information from both Congress and the public about how itis using these powers, advocates have little information with which to settle the controversies. Some portions of the USA PATRIOT Act bar persons affected by them from telling anyone.
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