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| April 2, 2007: Privacy and the PATRIOT Act | | Synopsis: Last week, FBI Director, Robert S. Mueller III, testified before Congress regarding reported misuses of the USA PATRIOT Act by agents gathering information on United States citizens. The PATRIOT Act requires special authorization when requesting personal information about citizens, but in some cases allows access to this information secretly and without a subpoena from a grand jury. Did FBI agents infringe on the due process and privacy rights of citizens? Are the provisions that allow the Federal government to secretly gather information without a warrant constitutional? | |
Privacy and the PATRIOT Act
Resources
"FBI admits misuse of Patriot Act power" Baltimore Sun, MD. March 10, 2007.
"FBI director blames agency, not Patriot Act, for abuses" San Francisco Chronicle, CA. March 27, 2007.
Questions
- What is a national security letter?
A national security letter is an administrative subpoena which does not require court approval and which demands information from banks and telecommunication companies about their customers.
- What provisions of the USA PATRIOT Act have FBI agents violated in obtaining information on citizens?
Law enforcement officers improperly issued national security letters. "Exigent" (emergency) reasons for requesting information were falsely claimed, and in other cases, FBI agents had not even issued national security letters before requesting credit, phone, or bank information.
- Did this failure to follow procedures before requesting information violate the Constitution? Why or why not?
Yes. FBI agents violated several provisions of the USA PATRIOT Act.
These provisions extended the government's powers in fighting terrorism, but put certain limits on those broad powers to ensure the constitutionality of any efforts to obtain information. The Fourth and Fifth amendments were violated when these limits were ignored
- Are law-enforcement agencies justified in issuing subpoenas for information without obtaining approval from the courts? If so, when? If not, why not?
Answers will vary, but may include the following:
Issuing subpoenas
in terrorist investigations without
court approval is justified in certain circumstances: when time is of the essence in bringing charges against a suspected terrorist; when a leak of information by a grand jury member could jeopardize an investigation; or when the nation is at war.
Issuing subpoenas without court approval is not justified because it violates the Fourth and Fifth Amendment rights of individuals and it endangers civil liberties, including the right to privacy.
- Is warrantless surveillance - including the gathering of phone, bank and credit information - reasonable in a time of war?
Yes, surveillance that might be considered unreasonable during a time of peace, may be necessary and justified during a time of war.
No, surveillance without a warrant
in time of war is an unreasonable violation of a
person's Fourth Amendment rights.
- Would you be willing to allow the government access to your financial, travel, or communications records if government officials claimed such access could prevent a future terrorist attack? Why or why not?
Answers will vary.
Extensions
1. Have students research the following Supreme Court cases dealing with constitutional rights in a time of crisis.
2. Have students research the USA PATRIOT Act and write a one-page essay answering the following questions:
- What is the USA PATRIOT Act?
- What are popular criticisms and defense of it?
- Are the surveillance authorities granted to the government in sections 213, 214, 215, and 218 constitutional? Why or why not?
The PATRIOT Act can be found at http://news.findlaw.com/cnn/docs/terrorism/hr3162.pdf.
| | Last Edited On 3/30/2007 1:02:00 PM | | | |
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