The USA Patriot Act was signed into law on October 26, 2001 by George W. Bush. This came shortly after the September 11, 2001 world trade center attacks. The advantages of the USA Patriot Act are beneficial to us as a country in dealing with terrorists. Section 203 of the patriot act is one advantage. Before the infamous attacks of September 2001 domestic law enforcement and foreign intelligence collection functioned separately. Now included in section 203 of the Patriot act is the sharing of this information which may have been unavailable before. (Podesta, 2002)

Another advantage is the law enforcement agents can now track terrorists by using a roving wiretap. This can be done specific to the terrorist not the device which is a positive point for law enforcement. A third advantage to law enforcement is they now can obtain a search warrant anywhere a terrorist activity has occurred. Whereas before they were limited to in district boundaries, this is a logical way to streamline the process.

The advantages sound great in theory but like anything they can be abused and overused. I think many of the sections listed in the USA patriot act could be wrongfully used against citizens. I think the advantages are positive tools and more freedom for the people trying to do their jobs and combat terrorism.

The Patriot Act allows FBI Agents to investigate American citizens for criminal matters without probable cause of crime if they say it’s for “intelligence” purposes.”Permits non-citizens to be jailed based on mere suspicion and to be denied re-admission to the US for engaging in free speech. Suspects convicted of no crime may be detained indefinitely in six-month increments without meaningful judicial review. (ACLU, 2003)

Many are the disadvantages to the Patriot act. The scariest disadvantage in my opinion is simply unchecked power. The power is seemingly endless; I can now be subjected to surveillance based on a library book I check out or a search online. Those are first amendment rights and if I choose to exercise them in a way that is undesirable I could be investigated, without even so much as a search warrant. This could lead to many unconstitutional situations violating a person’s rights to freedom of speech and religion. Under the Patriot act a person or organization that was forced to disclose records is forced to remain silent about it by the gag order include in the Act.

The USA Patriot Act violates the fourth amendment which says the government must have a warrant or probable cause. Failure to provide notice to the person that their privacy may have been compromised which is part of due process, guaranteed part of the Fifth Amendment. The war on terror is being fought on the orders from the executive branch; constitutional guarantees of citizens have very much been set aside. There does not seem to be much within the USA Patriot Act that is compatible with democracy the secrecy is unconstitutional.

Allow the government to collect DNA samples from individuals who have not consented or been found guilty of a terrorism-related crime and without a judicial order based on the showing of need. (Section 302) That is frightening.

“The PATRIOT Act legitimates the notion that if we give up certain freedoms, the government will keep us safer. I reject that notion from a moral and legal point of view. I also reject it from a practical point of view. It doesn't work. The government doesn't need our freedoms to keep us safer. No one--no lawyer, judge, or historian--can point to a single incident in American history where national security was impaired because someone insisted on their right to free speech or their right to privacy or their right to due process.” (Napolitano 2005)

I am learning a great deal about myself in this last week that I have been in this class and researching the USA Patriot Act. I am trying to get to the heart of what I really believe, I enjoy my freedom and I would like to keep it. Freedom isn’t given to me by the government it is something I already possess. I want all people to experience the freedom I have, I support our efforts to bring democracy to other countries. At what point are we going to be when the Bill of Rights has no meaning? I think there has to be a system of checks and balances in place that holds the people in authority to be responsible and have to back up their suspicions and not just be able to go on a hunch because they suspect terrorism.

This is similar to the strategy Hitler used in burning the Reichstag building and blaming the Communists that would make the people willingly sign away their freedom for protection. I don’t think the government wanted the attacks on September 2001 to occur but more and more freedoms keep slipping away. The question brought up is; can willingly giving up personal freedoms and rights for the greater good and safety work? Or will the government abuse the power, time will tell.