William Slater's CIS 608 Blog: Post 058

USA PATRIOT ACT
and Its Effect on the American People

Many of you may be unaware of the USA PATRIOT ACT that was passed in October 2001 as a quick response to the terrorist attacks of September 11, 2001. This post explains some facts that you need to know about the USA PATRIOT ACT and how it changed the freedoms that the Founding Fathers tried to provide for the citizens of this country when the first wrote and ratified the Constitution of the United States and the first 10 Ammedments, commonly known as the Bill of Rights.

USA PATRIOT ACT essentially nullified 5 of the first 10 Amendments to the U.S. Constitution.

Many citizens feel strongly that the powers now granted to the Executive branch of government and its agents are in direct conflict with the 1st, 4th, 5th, 6th and 8th Amendments in the Bill of Rights to the U.S. Constitution (see Bill of Rights, below.). In other words, we now live in such times that many of the rights to privacy that we thought we were guaranteed under the U.S. Constitution, are now preempted, at least temporarily by the PATRIOT Act. In fact, the only way that the PATRIOT Act could be successfully passed in both chambers of Congress was to include a “Sunset Clause,” which caused many of the more far-reaching provisions of the Act to expire automatically, unless they were again reviewed and approved by both chambers of Congress. Though there was a “Sunset Clause" the PATRIOT Act has now been renewed TWICE, once under President Bush and once under President Obama.

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Bill of Rights – First 10 Amendments to the U.S. Constitution

ARTICLES IN ADDITION TO, AND AMENDMENTS OF, THE Amendments to the Constitution

CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION

Article [I.]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article [II.]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Article [III.]

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article [IV.]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article [V.]

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article [VI.]

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article [VII.]

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article [VIII.]

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article [IX.]

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article [X.]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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References:

The Constitution of the U.S. (1791). U.S. Constitution. Retrieved from the web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

The Declaration of Independence. (1776). The Declaration of Independence. Retrieved from the web at

http://www.billslater.com/tj1776.htm on November 6, 2011.

Doyle, C. (2002). USA PATRIOT Act: A sketch. Retrieved from the web at

http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Doyle, C. (2010). National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments - a CRS Report Dated December 27, 2010. Retrieved from the web at http://www.fas.org/sgp/crs/intel/RS22406.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources about the USA PATRIOT Act

http://epic.org/privacy/terrorism/usapatriot/ .

U.S. Government (2001). USA PATRIOT Act. Retrieved from the web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

U.S. Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia article retrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002, ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at Bellevue University