Question

1. Is the “Patriot Act” constitutional? Why or why not?

Answer 1

The original legislation contained titles authorizing the government to conduct a wide range of activities aimed at preventing future terror attacks.

Title I contained provisions expanding funding for counterterrorism operations, allowing for military assistance in situations involving weapons of mass destruction, and expanding the president’s authority to seize the assets of any “foreign person, foreign organization, or foreign country” found to have participated in an attack on the US.

Title II increased the authority of intelligence agencies to conduct surveillance against suspected terrorists.

Title III dealt with bank rules, counterfeiting and smuggling, with the intention of preventing money laundering and the financing of terror organizations.

Title IV enhanced security on the US-Canadian border, prevented people who had been involved with organizations endorsing acts of terrorism from entering the US and requiring the detention of any foreign citizen in the US who is engaged in activities threatening national security.

Title V authorized the use of National Security Letters requiring communications companies to comply with requests for subscriber information and billing records.

Title VI provided aid to the families of police and firefighters killed during the 9/11 attacks.

Title VII addressed information sharing intended to counter terror activities taking place across more than one jurisdiction.

Title VIII addressed attacks on public transit systems, expanded the reach of prohibitions on biological weapons and criminalized the harboring or concealment of a person suspected of committing an act of terrorism.

Title IX gave the head of the CIA increased responsibility and authority over foreign intelligence information.

Title X contained miscellaneous provisions dealing with charity fraud, providing assistance to first responders and authorizing funds to the Drug Enforcement Agency to conduct police training in south and central Asia.

The USA PATRIOT does contain a provision requiring law enforcement to file under seal with the court a record of installations of pen register/trap and trace devices. This amendment may provide some measure of judicial oversight of the use of this enhanced surveillance authority.

Addition of Terrorism and Computer Crimes as Predicate Offenses Permitting Interception of Communications Under the Wiretap Act

Expanded Dissemination of Information Obtained in Criminal Investigations

Interception of "Computer Trespasser" Communications

Expanded Scope of Subpoenas for Records of Electronic Communications

Lowered Standard for Foreign Intelligence Surveillance.

However it is a constitutional act and need of the country to counter terrorism .