Passed and signed into law just six weeks after the attacks on September 11,
the "Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001" has been a focus
of controversy since the day it was proposed. The 132-page Act includes many
changes to existing law and new innovations. Among these changes are enhanced
surveillance procedures and the relaxation of certain restrictions in the
sharing of information among foreign and domestic intelligence and law
enforcement agencies. For example, Section 215 of the Act allows the FBI to
order any person or entity to turn over "any tangible things," such as
financial and library records, so long as the FBI specifies that the order is
"for an authorized investigation… to protect against international terrorism or
clandestine [secret] intelligence activities." The FBI does not need to show
probable cause or have reasonable grounds to believe that the person whose
records it seeks is engaged in criminal activity. Those served with Section 215
orders are prohibited from disclosing the fact to anyone else.
This unit provides background on the USA PATRIOT Act and some of the
controversy surrounding the enhanced surveillance procedures it features. It
explores how citizens need to find a balance between their desires to be both
safe and free. It introduces the idea of public policy-what it is and how to
assess its costs and benefits and it offers a model for assessing Section 215
and help students consider whether Congress should vote to amend it.
Focus Question
Should Congress amend Section 215 of the USA PATRIOT Act which permits the
Federal Bureau of Investigation (FBI) to apply to a federal judge for an order
requiring the production of any tangible things – including books, records,
papers, documents, and other items – for an investigation of a United States
person to protect against international terrorism or clandestine intelligence
activities?
Objectives
Provide a historical and public policy context for the USA PATRIOT Act.
Introduce a working definition of public policy, supply policy analysis tools,
and promote recognition of the impact of public policy and how to affect policy
decisions.
Materials
A. Reading: The PATRIOT Act: What is the Proper Balance Between National
Security
and Individual Rights?
B. Strategy: Looking at Public Policy: GRADE
C. Source: Section 215 of the USA PATRIOT Act of 2001
D. Activity: Legislative Hearing on Section 215 of the USA PATRIOT Act
E. Taking a Stand: Position Paper on Federal Surveillance of U.S. Persons
Federal Surveillance of U.S. Persons: Selected Community, Print and Internet
Resources
Last updated: September 15, 2006
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