1. The Patriot Act Protecting the US or Violating People’s Freedoms

2. Passage of Legislation  The Patriot Act was passed in October of 2001 after the terrorist attacks of September 11.  Many believed the Bi- partisan bill was hastily passed in response to the attacks  2 nd Patriot Act was passed by Congress on March 2, 2006  Signed into law by President Bush on March 9/10, 2006

3. PATRIOT  P = Provide  A = Appropriate  T = Tools  R = Required to  I = Intercept and  O = Obstruct  T = Terrorism

4. Patriot Act  Gives the federal Government: Greater power to track and intercept communicationsGreater power to track and intercept communications Allows Treasury Department more power to fight money launderingAllows Treasury Department more power to fight money laundering Further close US bordersFurther close US borders Can detains immigrants longer without giving reasonCan detains immigrants longer without giving reason Creates new crimes, new penalties against domestic and international terrorismCreates new crimes, new penalties against domestic and international terrorism

5. Title I  Establishes a counter- terrorism fund  Condemns the discrimination against Arab/Muslim Americans  Provides names to terrorists to airlines before they boarded flights  Requires telemarketers to disclose their purpose and charities

6. Title II – Surveillance Procedures  Allows government agencies to gather “foreign intelligence information” from both US and non-US  Wiretaps  Sneak and peak warrants = delayed notification of search warrants Declared unconstitutional in 2007Declared unconstitutional in 2007

7. Title II  Roving Wiretaps – don’t need to specifically state all the areas that will be under surveillance  Also states sanctions against North Korea and Taliban-controlled Afghanistan

8. Title III – Anti-money laundering  The prevention, detection and prosecution of international money laundering and financing of terrorism  Strengthening banking rules against money laundering  Improve communication between law enforcement agencies and financial institutions  Increasing the maximum penalty for counterfeiting currency

9. Title IV – Border Security  To give more law enforcement and investigative power to the US Attorney General and to the INS Increase in funds to increase Border Patrol personnel, Customs personnel and INS inspectorsIncrease in funds to increase Border Patrol personnel, Customs personnel and INS inspectors Increase in funds to improve technology on the Northern BorderIncrease in funds to improve technology on the Northern Border

10. Title IV  More access given to INS and State Dept to criminal background to determine whether visa applicants could be admitted into the US  Develop technology so all agencies can identify people applying for entry to the US  Disallow immigrants who support or are from countries who support terrorism from entering into the US  Mandatory Detention laws Any immigrant who is engaged in terrorism or activity that endangers US national securityAny immigrant who is engaged in terrorism or activity that endangers US national security Can be detained 90 days up to 6 months if they are deemed a national security threatCan be detained 90 days up to 6 months if they are deemed a national security threat Must be charged with a crime after 7 daysMust be charged with a crime after 7 days Every 6 months detainees are reviewed by Federal gov’t to ask to continue detention of suspectEvery 6 months detainees are reviewed by Federal gov’t to ask to continue detention of suspect

11. Title V – National Security  National Security Letters Subpoena used by FBI to a particular organization to turn over records pertaining to an individualSubpoena used by FBI to a particular organization to turn over records pertaining to an individual Requires no judicial oversightRequires no judicial oversight Violation of the 1 st and 4 th Amendments?Violation of the 1 st and 4 th Amendments?

12. Title VIII – Terrorism Criminal Law  Redefined the term “domestic terrorism” – includes mass destruction, assassination or kidnapping  New penalties for those who are convicted of attacking mass transportation (20 years with no passengers on board and life if passengers on board)

13. Title IX – Improved Intelligence  Attorney General, Justice Department, and CIA must work together on intelligence gathering Must give each department notification of an intention of investigating criminal activity of a foreign intelligence sourceMust give each department notification of an intention of investigating criminal activity of a foreign intelligence source

14. Controversy  Wire taps gives the FBI a “blank check” to violate communications privacy of countless innocent Americans – violates the 4 th amendment  Sneak and Peak warrants – violates the 4 th Amendment

15. Controversy  National Security Letters  Allows the FBI to search telephone, email, and financial records without a court order Companies could not challenge the FBI subpoenasCompanies could not challenge the FBI subpoenas If you are acquainted with a person of interest or if you are the friend of a friend of a person of interest your records can be searched or obtainedIf you are acquainted with a person of interest or if you are the friend of a friend of a person of interest your records can be searched or obtained

16. Controversy  The Attorney General can detainee any alien for an indefinite amount of time if the gov’t believes they may cause a terrorist act Violates the 5 th AmendmentViolates the 5 th Amendment

17. Question  Does the Patriot Act help protect the US or does into violate our rights?