Intelligence Policies and Legal Issues
Introduction
Circumstances of creating the Patriot Act
Reasons for including sections for an expiry date
Reviewing of Act.
Adding newer and more effective sections.
Some sections were violating existing US Laws. They were necessary to arrest any imminent threats to the nation soon after 9/11.
Time bound sections are redundant after a period of time.
They were a temporary measure.
(Barrett, 2015)
Extended Patriot Act Sections
Section 201 – Tapping approvals for all electronic communications pertaining to terrorism.
Section 202 - Tapping approvals for all electronic communications pertaining to fraud.
Sections 203 (b) & (d) – Sharing tapped electronic information.
Section 204 – Detailed description of justification in sharing tapped electronic communication.
Section 207 – Specifies the timeframe for wiretapping non-US individuals.
Section 209 – Voice mail data procurement.
Section 212 – Authority to share electronic information during dire circumstances.
Section 214 – Trace and trap for FISA.
Section 215 – Accessing information from FISA databases.
Section 217 – Hacker information interception.
Section 218 – International intelligence procurement.
Section 220 – Search warrants to conduct electronic surveillance and seizure of data.
Section 223 – Limiting civil liability due to information disclosure.
Section 225 – FISA wiretaps rendered immune to criminal or civil prosecution.
(Barrett, 2015)
Successful use of the Patriot Act – List of prolific thwarted threats post 9/11
American Airlines Flight 63 – Shoe Bomb
Brooklyn Bridge – Conspiracy to blow up bridge
New York Stock Exchange – Bid to blow up the Exchange
34th Street-Herald Square subway station – Conspiracy to blow up subway
Sears Tower and FBI offices - Conspiracy to blow up FBI field offices
John F. Kennedy International Airport – Bid to bomb Airport fuel line
Northwest Airlines Flight 253 – Bid to detonate bomb onboard the aircraft
Controversy surrounding the Patriot Act
The American Civil Liberties Union lawsuits
Profiling based on religion and color
Unlawful detentions post 9/11
Using surveillance warrants to pursue criminal cases
Edward Snowden
(The American Civil Liberties Union, 2008)
Recommendation for improvement
Upholding the Amendments of the US Constitution for all terror suspects regarding speedy trials, due process, freedom of speech, avoiding excessive punishment, and avoiding unreasonable searches.
Implementation of warrants for all searches based on circumstantial evidence prior to wiretaps.
Avoiding harassment of children under the age of 17.
Avoiding unlawful detention of anyone who does not have relevant immigration papers as a terror suspect.
Accountability for incorrect indictments by imposing severe disciplinary reprimands on erring individuals inside the establishment.
(The American Civil Liberties Union, 2008)
References
Barrett, D. (2015). FBI Use of Controversial Patriot Act Section Expands. Retrieved from: http://www.wsj.com/articles/fbis-use-of-controversial-patriot-act-section-is-expanding-1432223491
The American Civil Liberties Union Staff (2008). The USA PATRIOT ACT and Government
Actions that Threaten Our Civil Liberties. Retrieved from: https://www.aclu.org/files/FilesPDFs/patriot%20act%20flyer.pdf
