The September 11, 2001, terrorist attacks prompted congressional action in the USA on many issues, including the introduction of the USA PATRIOT Act. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) marked a defined shift from previous US legislation concerning privacy rights. The USA PATRIOT Act introduced legislations that increased the American government’s electronic surveillance and investigative powers. The PATRIOT Act concerns many privacy issues including internet usage, computer security and infrastructure protection.
The USA PATRIOT Act was introduced in the wake of the September 11 terrorist attacks on America. This was a time when the American people were in fear of more terrorist attacks on their country. The act was introduced by Attorney General John Ashcroft who gave congress one week to pass the bill without changes.
Although the USA Patriot Act is demonised now, it was passed with overwhelming support in the days immediately after Sept. 11, 2001 (Rosenzweig, 2004, p. 3J).
The USA PATRIOT Act gives the American federal government new powers to search people's homes and trace the email and internet usage of American citizens more easily. Supporters of the bill said legislation was needed to monitor the expanding technology capabilities, and used the example of how the September 11 hijackers and their extensive use of email helped organise the September 11 attacks (Berry-Helmlinger, 2002, A17).
Privacy advocates believe the nature of electronic communications would allow federal investigators to view some email and website content without securing a wiretap order or subpoena. Instead, investigators would only need to inform a judge their investigation was relevant to an ongoing criminal investigation. Internet privacy concerns were raised by announcements that FBI agents were allowed to conduct general internet searches of websites and chat rooms where they believed suspected terrorists could be found (Berry-Helmlinger, 2002, p. A17).
The implications for online privacy are considerable. The USA PATRIOT Act increases the ability of law enforcement agencies to authorise the installation of pen registers and trap and trace devices, as well as devices that record computer routing, addressing and signalling information. The Act also extends the governments ability to access personal financial information and student information without any suspicion of criminal activity (EPIC, 2004).
Another concern surrounding this Act is how its surveillance allowances will be used on digital or packet-mode technologies. Using available technology, service providers can access packet-mode communications but can not filter data to limit law enforcement’s access to the information. This means that law enforcement agencies will be accessing data that the law does not allow them to access (McElligott, 2001, p. 9). Service providers believe that the law does not clear in its current state and therefore puts the public’s privacy at risk.
The USA PATRIOT Act was introduced to fight future terrorist attacks by monitoring internet activity such as email and website visits. Although law officials believe the new rights allow them to better track criminal and terrorist activity, American citizens believe that the Act, in its attempt to track and punish the terrorists that threaten the American democracy, threatens one of the fundamental aspects of democracy – privacy (EPIC, 2004).
===Bibliography===
Berry-Helmlinger, L. (2002) "Online privacy issues less important after terrorist attacks," Denver Business Journal vol.54, iss.5, p. A17.
Electronic Privacy Information Centre (EPIC) (2004) The USA PATRIOT Act, retrieved 12 August, 2004, from http://www.epic.org/privacy/terrorism/usapatriot/
McElligott, T. (2001) "Defense proposals spark reluctant privacy debate," Telephony vol.241, iss.13, p.9.
Rosenzweig, P. (2004) "USA PATRIOT Act: Truth is, law has saved lives," The Baltimore Sun, 8 August, p.3J.
Smith, M., Seifert, J., McLaughlin, G., and Moteff, J. (2002) CRS Report for Congress: The Internet and the USA PATRIOT Act: Implications for Electronic Privacy, Security, Commerce and Government, retrieved August 12, 2004, from http://www.epic.org/privacy/terrorism/usapatriot/RL31289.pdf
For further readings, please visit this annotated bibliography
Krystie Harman 09:27, 26 Oct 2004 (EST)
Krystie Harman 17:52, 28 Oct 2004 (EST)
