The Patriot Act and other increased security measures related to online activities

Kali Lewis
INLS 187
Future Forecast

The US PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) was passed by Congress in 2001. The act increases a wide range of law enforcement agencies power of authority on American citizens. This act includes increasing the power of surveillance, monitoring, searching, and fact checking by law enforcement of Americans for the purpose of monitoring terrorism.

Provision 215 of the Patriot Act allows federal agents to receive warrants from secret courts to allow for the seizure of library records. Furthermore, this provision makes it illegal for librarians to tell patrons that they are under investigation by the federal government.[3] In addition, federal authorities have the right to physically go to libraries and observe patron’s actions. Authorities may also may obtain materials checked out and the material viewed on computers.

The Patriot Act also details a number of provisions pertaining to online activities. If a government agency receives approval from the courts, it can spy on a web surfing. This includes monitoring terms entered into a web search engine. Agencies can now gain greater amounts of information from ISPs without court approval. In section 212, the ISP can hand over non-content material to a government agency without court approval. In sections 210 and 211, agencies with subpoenas can demand the ISPs give information such as session times, method of payment, credit card numbers, and bank account information.[2] Overall, the government can now more easily wiretap the internet and gain access to private IP addresses and user information.

New evidence shows the government is rapidly preparing a follow-up to the Patriot Act known as the Domestic Security Enhancement Act of 2003.[5] The secret document is now available widely on the Internet and details increase powers of the police and government agencies. The Act allows for the government to monitor online activities such as chat rooms, bulletin board discussions, and cell-phone discussions. The Act also makes the use of encryption technologies for the purpose of hiding a crime or terrorist act a criminal offense (sec.404).[1]

Future Forecast

If the current state of affairs continue, the government will likely be allowed to investigate every detail of citizens lives. If the Domestic Security Enhancement Act of 2003 is passed the government will continue to have authority and power over ordinary American citizens. The lack of oversight and accountability of these agencies is enormous. In addition, this Act aims to revoke portions of the Freedom of Information Act that allow for citizens to obtain information on family and friends detained by the US government for activities deemed as “terrorism”.

As the government power increase, citizen’s civil liberties are being violated. The government’s increased need for information in their search for terrorism negates the rights to privacy in the Constitution. As worries of terrorism increase and the imminent war approaches, the Patriot Act will be more widely used and other legislation is likely to occur.

Perhaps the most significant position of the Domestic Security Enhancement Act details the power of the government to strip citizenship or US residency (sec 501). The government has the power to strip citizenship if it deems an individual to have contributed to terrorism or terrorist activities. Under such broad definitions, a citizen contributing to a non-profit organization that was later deemed as having terrorist connections could have their citizenship revoked. Until elected officials vote against these wide-sweeping paranoia Acts, the public’s rights will continue to be violated. We will be living in a society were rights are not preserved and privacy is violated in the name of monitoring terrorism.

[1]Copy of the Domestic Security Enhancement Act of 2003. http://www.dailyrotten.com/source-docs/patriot2draft.html

[2] "EFF Analysis Of The Provisions Of The USA PATRIOT Act". Electronic Frontier Foundation, Oct. 13, 2001. http://www.eff.org/Privacy/Surveillance/Terrorism_militias/20011031_eff_usa_patriot_analysis.html

[3] Filller, L. "Provision of Patriot Act could put library, bookseller on the spot". Times Leader, March 17,2003. Available online at
http://www.timesleader.com/mld/timesleader/news/5408460.htm

[4] Thayl, J. "US drafts draconian sequel to Patriot Act".March 19, 2003 http://www.rediff.com/us/2003/mar/19us.htm

[5] Transcript: Bill Moyers interviews Chuck Lewis. NOW broadcasted on Public Broadcasting Service. Feb. 7, 2003. http://www.pbs.org/now/transcript/transcript_lewis2.html