Introduction
The terrifying and dreadful events on the USA soil, commonly referred to as the 9/11 attacks increased and necessitated the government to take responsibility and ensure that the lives of the USA citizens are protected. From the September 11 attacks, President Bush, House of Representatives, and the Senate pledged to retort within the set constitution limits to prevent and confront the terrorist attack. The move led to the passing of the Patriotic ACT. The Act was established with noble motives of prosecuting and tracing international terrorists operating within the American soil. The patriot act provides law enforcement agencies in the USA with useful tools for combating terrorism. For the last decade, the device has been fundamental in the war against terror (Whitehead & Aden, 2001). The main aim of the Act is to break the wall of legal and regulatory policies that exist between intelligence and law enforcement agencies when it comes to the sharing of information that is related. For a reason, the patriot act has been keeping the nation safe from international and domestic terrorists and other individuals intending to harm the country.
The government and the law enforcement agencies are provided with discretionary authority to get information from law-abiding citizens and suspected people. The objective to defend the citizens from terrorism became the major priority after the 9/11 attacks. The patriot act allowed the use of health, economic, religious, and other form of information to counter-attack terrorism.
The Act puts focus on the improvement of counterterrorism efforts brought forward by law enforcement agencies and the intelligence (Alshrari, 2019). It brings out the idea that civil freedom of the citizens is essential during times of war and stability. Those against the Act point out that it interferes with individual liberty and the right to privacy, as stated in the USA constitution. Those in favor of the Act argue that it is an effective weapon in fighting terror and when it comes to the development of equality among all citizens and ensuring that freedom of privacy is upheld.
The Act offers an effective mechanism of combating terror. Additionally, the act tears down the wall that exists between law enforcement agencies and intelligence agencies through the integration of modern technology (Whitehead & Aden, 2001). The Act is regarded as a response to the 9/11 attacks and as a pivot to the development of future strategies needed in responding to terrorist threats (Kerr, 2002). Terror should be fought through the integration of intelligence and military means. In this case, gathering intelligence should involve the cooperation and coordination of all law enforcement agencies.
The patriotic Act has experienced a number of amendments to be in line with the emerging chronicle and grave issues that relate to but are not limited to activities of terror. Changes have been essential in order to provide federal agents with the much-needed support to get records that relate to citizens and can help in the fight against terror. Accessing bank records, tapping of phone calls is essential when tracing down the financial transactions that support terror activities (Alshrari, 2019). For a reason, the Act remains a useful tool for fighting terrorism. The Act has changed to make the USA safe and free from terrorism.
Changes in the Act have also been useful in the protection of civil liberties. However, the critic points out that the executive has vast powers when compared to the other arms of the government. The American administration believes that America is still prone to terror. For a reason, the bill supports law enforcement agencies to utilize the tools provided by the Act in monitoring and checking the movement of illicit drugs to protect the American's rights (Whitehead & Aden, 2001). The Act also provides a framework for protecting the American infrastructure, pointing out attacks that may target the transportation system, airports, and seaports (Alshrari, 2019). The Act also supports the detaining of non-citizens in the country indefinite in case they stand out as a potential threat to national security. The armed forces depend highly on intelligence for effective functioning. This means a lack of adequate knowledge may limit the effectiveness of the armed forces. For a reason, the patriot act facilitates the provision of sufficient and proper information based on intelligence to the army.
The formulation of the Patriot act is based on a number of articles that help in the identification of the roles of this Act. Section two hundred and fifteen bequests the government with the power to look into individual records of persons of interest to meet intelligence obligations. The section expands the authority of the government to look into matters of injustice before the citizens are endangered (Alshrari, 2019). Law enforcement agencies may look for suspicious aspects during the process of investigation. The powers disseminated to the government are constitutional as they are part and parcel of the constitutions. Allowing the government to access personal information means that danger can be averted.
The patriot act has been able to increase the spying power of the government in the following areas; 'trap and trace' searches, intelligence searches, secret searches, and record searches. The move has much helped the government deal with potential terrorist threats over the last decade and a half. To start with the record searches, the government has been able to expand its ability to access the information of individuals possessed by third parties (Whitehead & Aden, 2001).
The secret searches have allowed the government to search for private property information without consent. On the other hand, intelligence searches have allowed for the collection of foreign information. Lastly, the 'trap and trace' searches have enabled the tracing of the destination and origin of communications (Alshrari, 2019). The most significant provision of the Act has been making it easier for the government to access the information of its citizens that are in possession of third parties. This means that the FBI has the right to force, internet service providers, universities, bookstores, libraries, and doctors to hand over personal records of the customers or the clients.
The patriot act has been effective in ensuring domestic security plays a center-stage role against terrorism. The first title of the patriot act 'Enhancing domestic security against security' has helped ensure that internal security is at the forefront in preventing terrorism. The title provided the development of a fund used to counter-terror activities and also increased financial independence to the 'Terrorist Screening Center.' The provision also allows the military to offer assistance in instances that involve the use of weapons of mass destruction. This title has also been effective in ensuring equality by condemning discrimination of Muslim Americans and Arabs after the attacks (Sinnar, 2003).
The second title of the Act is 'Enhanced surveillance procedure'; the title stands for all the features that touch on suspected terrorist's surveillance. The title focuses on individuals who engage in clandestine activities and suspects of computer abuse and fraud. The title provides the law enforcement agencies to form within the USA borders and outside the boundaries (Alshrari, 2019). This has helped in eliminating the legal wall that exists between law enforcement agencies and intelligence agencies.
The availability and scope of surveillance and wiretapping orders received expansion under this title. Wiretaps now include routing and addressing information allowing packet-switched network surveillance. The title also provides the district court judges with the jurisdiction to give search warrants and surveillance orders for terrorism investigations. Provisions under the patriot act also allow for the disclosure of e-communication files to the law enforcement agencies.
The third title of the patriot act is 'Anti-money-laundering to prevent terrorism,' the title intended to facilitate the prosecution and detection of individuals associated with the money laundering globally. The first subtitle of was based on the enforcement of banking rules, especially against the aspect of money laundering. The second was on the improvement of communication between financial institutions and law enforcement agencies. The last subtitle was on the counterfeiting of foreign currency.
The subtitle also expanded the definition of money laundering to include money transactions to commit a crime, dealing with public funds and bribing of public officials. Putting these measures into place has safeguarded the wellbeing of USA citizens. It has ensured that the government remains vigilant on issues such as money laundering and thus cutting down the financing of terror groups.
The Act has also influenced the inception of criminal penalties for individuals working within the government who act in a corrupt manner (Sinnar, 2003). This move was put into place to ensure that government officials are least likely to be bribed by terrorists or facilitators of terrorism. The Act also applies to financial institutions that fail to comply and terminate corresponding accounts.
In the patriot act, there is the 'Border Security' title, and the title provides more power to INS on matters about immigration. The title entitled the INS the power to increase the level of border patrol. The Act gave new provisions on detention, allowing the INA to detain aliens who are suspects of terrorist activities. The Act provides INS with the right to hold aliens for ninety days if they pose a security threat. However, the Act points out that the alien should be charged with a criminal offense. Additionally, the law requires that the case of the aliens should be reviewed after six months.
The fourth title of the Act focuses on the aspect of border security. Thus, the name 'Border Security,' the title allows for the law enforcement agencies and the intelligence agencies to share information that can help in disrupting criminal activity and potential terror. The title ensures that the borders of the USA are protected from illegal actions by ensuring that international visitors are screened. The Act also ensures that aliens who present themselves as a threat to national security are apprehended. The title also provides for the investigation of the global movement of illegal funds, cybercrimes, and smuggling of cash.
The fifth title of the patriot act focuses on the removal hindrances that may interfere with the investigation of terrorism. The title is labeled as 'Removing obstacles to investigating terrorism.' The title provides the attorney general with the right to pay rewards to individuals who pursue terrorists. The state of the department is in a position of offering rewards, putting into consideration the guidance of the Attorney General (Sinnar, 2003). The secretary of state was authorized to pay a compensation of five million or greater than to individuals in a position of identifying potential terrorists.
The Act also allows the federal officers to work in coordination with law enforcement agencies when it comes to sharing of information (Gouvin, 2003). The Act has also extended the jurisdiction of the secret service to include aspects such as investigating computer fraud, identification of false documents, and fraudulent activities that may target financial institutions (Etzioni, 2005). The sixth title under the patriot act is the 'Victims and Families of victims of terrorism.' The Act offers help to families who fall under the injury of terror activities. Terror victims are allowed to be compensa...
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