Sunday, May 4, 2014

The Patriot Act; Good Intentions Sparking Controversy

Stephen Fan
Section A02
Response #6 - The USA PATRIOT Act: A Sketch

In response to the devastating Al-Qaeda terrorist acts of September 11, 2001, in which thousands of innocent Americans lost their lives, the United States Congress passed the USA PATRIOT Act.  This act, which was passed on October 26, 2001, enabled Federal authorities with greater power in the field of tracking and intercepting communications for law enforcement and foreign intelligence uses.  Furthermore, the Act creates new crimes, penalties, and procedures for use against terrorists, both at home and abroad.  Since the passage of this legislation the USA PATRIOT Act has garnered significant amounts of controversy.  Many argue that the act allows the government the ability to violate the rights of American citizens through the consequent monitoring and capturing of conversations.  However a critical flaw in this argument is the ignorance of the three tier system already in place, which the act does not modify much, in which the capturing of conversations of American citizens is only allowed as a last resort in serious cases.  Within the law itself, there is defined a a specific process in which the usage of electronic surveillance must be approved by senior Justice Department officials.  The bottom tier form of monitoring is similar to Caller ID records kept by phone companies, a process which many people see nothing wrong with.  Even in the case of the bottom tier of monitoring, a court order must be procured before such action can be undertaken.  This act of the courts and Justice Department keeping in check the enforcement and actions of the law is a prime example of the checks and balance system that this great nation was founded upon.  There may be the subsequent argument that the government is simply to corrupt and the checks and balances serve no meaning, however, if a American citizen can no longer keep that basic faith within their government to be just then perhaps those who wish to harm this nation have accomplished their goals.  Shaking the faith Americans keep in their government, and thus destroying the unique relationship set forth in the Constitution between citizen and federal government is perhaps what those who wish ill upon America hope to accomplish.  While the PATRIOT Act is undoubtedly without its flaws and detriments, it was passed in the terrible time of anguish and sorrow following the 9/11 attacks.  As time has passed, perhaps it is appropriate to make provisions to the act, as everything must change and adapt with time.  However, there is no argument, in my opinion that the Act was passed genuinely by the United States government, with the honest intention and mind set of protecting the well being of the American populace.

Q:What are some provisions and changes that can be made to the USA PATRIOT Act in order to allow the continued protection without the controversial violation of citizen's rights?

No comments:

Post a Comment