The real privacy and security implications of the USA Patriot Act

摘要

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001 has aroused the concern of privacy advocates as well as others who question its effectiveness in combating terrorism. The Act amended over 15 important statutes and significantly expands the authority of government to conduct investigations and monitor information transmitted over the Internet. This paper provides an overview of critical portions of the 10 Titles of the Patriot Act that relate to privacy and security and gives an objective assessment of its weakness, strengths, and effects on the lives of US citizens. The analysis will include the topics of "roving wiretaps", secret searches, harboring suspected terrorists, foreign intelligence gathering, money laundering, and tracking of Internet communications. Because the Act affects the US Bill of Rights, the consequences of the Act on the following Constitutional amendments will also be explored: 1) 1st Amendment -^sRight of Free Access to Ideas, Speech, Assembly, etc.; 2) 4th Amendment -^sSearch and Seizure; 3) 5th Amendment -^sSelf Incrimination, Due Process; and 4) 6th Amendment -^sRight to Counsel, Unbiased, Speedy Criminal Trial.