It allows a secret national security court to issue an order allowing the F. But in addition to that kind of collection, the senators contend that the government has also interpreted the provision, based on rulings by the secret national security court, as allowing some other kind of activity that allows the government to obtain private information about people who have no link to a terrorism or espionage case.
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Justice Department officials have sought to play down such concerns, saying that both the court and the intelligence committees know about the program. But the two lawmakers contended in their letter that officials have been misleading in their descriptions of the issue to the public. First, the senators noted that Justice Department officials, under both the Bush and Obama administrations, had described Section orders as allowing the F.
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Sample Research Paper - "The Patriot Act"
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Even before the Patriot Act, there were exceptions under federal law. One was for so-called "pen-trap" orders.
Usa Patriot Act Essay | Bartleby
To obtain from a telephone company the numbers dialed to and from a particular telephone, officers must get a pen-trap order from a judge. They do not need to show probable cause, but must certify that the information is needed for an ongoing criminal investigation. The reason for the lesser standard is that these records are far less intrusive than wiretaps and physical searches. Another major exception was for matters before the Federal Intelligence Surveillance Court. Congress created the court in following scandals revealing that U.
Public Opinion on the Patriot Act. Should the government take all steps necessary to prevent additional acts of terrorism in the U. Or should the government take steps to prevent additional acts of terrorism but not if those steps would violate your basic civil liberties?
Do you think the Bush administration has gone too far, has been about right, or has not gone far enough in restricting people's civil liberties in order to fight terrorism? How familiar are you with the Patriot Act: very familiar, somewhat familiar, not too familiar, or not at all familiar?
Working Thesis Statement
The court was a compromise between those who wanted to leave U. Congress required U.
But because the agencies are not investigating domestic crime, they do not have to meet the probable cause standard. They only have to certify that the purpose of the investigation is to track a foreign government or agent. They do not have to report to the court on the results of the surveillance. The court meets in secret with only government representatives present and has never denied an intelligence agency's application for a search warrant. The Patriot Act expands all these exceptions to the probable-cause requirement.
NSA program stopped no terror attacks, says White House panel member
Section of the act permits the FBI to go before the Foreign Intelligence Surveillance Court for an order to search for "any tangible things" connected to a terrorism suspect. The order would be granted as long as the FBI certifies that the search is "to protect against international terrorism or clandestine intelligence activities [spying].
The Patriot Act now authorizes this court to issue search orders directed at any U. Such activities may, in part, even involve First Amendment protected acts such as participating in non-violent public protests. In Section , "any tangible things" may include almost any kind of property--such as books, documents, and computers. The FBI may also monitor or seize personal records held by public libraries, bookstores, medical offices, Internet providers, churches, political groups, universities, and other businesses and institutions.
The Patriot Act prohibits third parties served with Section orders such as Internet providers and public librarians to inform anyone that the FBI has conducted a search of their records. Section of the Patriot Act extends pen-trap orders to include e-mail and web browsing. The FBI can ask Internet service providers to turn over a log of the web sites a person visits and the addresses of e-mail coming to and from the person's computer. Another area of concern is Section of the Patriot Act. It authorizes so-called "sneak- and-peek" searches for all federal criminal investigations.
When applying for a search warrant, officers may show that there is "reasonable cause to believe that providing immediate notification. The FBI says these searches may be necessary to prevent the destruction of evidence or to keep from jeopardizing an ongoing secret investigation.
According to the Bill of Rights Defense Committee, three states Alaska, Hawaii, and Vermont and cities, towns and counties have passed resolutions protesting provisions of the Patriot Act. In response to criticism of the act, Congress may be having some second thoughts. The House of Representatives voted to repeal "sneak- and-peek" searches. This is a comprehensive bill, addressing a number of issues related to the Patriot Act. One part of the Murkowski-Wyden bill would limit "sneak and peek" searches.