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Talk:Patriot Act/controversy (view source)
Revision as of 01:07, April 10, 2008
, 01:07, April 10, 2008I'm doing my best
::UIOP@#HERUIP@#Y$*(&# $*(!#H@$NO [[User:Aziraphale|Aziraphale]] 18:36, 9 April 2008 (EDT) ''<-best I can do at the moment...''
::UIOP@#HERUIP@#Y$*(&# $*(!#H@$NO [[User:Aziraphale|Aziraphale]] 18:36, 9 April 2008 (EDT) ''<-best I can do at the moment...''
== I'm doing my best ==
Four important points first
*People disagree on the extent to which the Bill of Rights extends and limits freedoms. If they did not, then there would likely be no need for a controversy section. Please take into consideration that the sources which follow likely take a more strict view of the Bill of Rights than you do.
*The right to privacy is not explicitly enumerated as an amendment to the Constitution, but it is a very important issue for libertarians nonetheless.
*I’m not 100% sure what of the following has been changed, as the Patriot Act has been updated several times. If these examples are deemed “acceptable” I can do some further research.
*(Minor point) Not all of the controversy over the Patriot Act is due to the infringement of rights of innocent people, as the Bill of Rights also is there to protect the rights of the guilty (see, e.g., the [[Fifth Amendment]]). However, since we seem to only be focused on infringements of rights of the innocent, I will only stick to those types claims as much as I can ("innocent before proven guilty" blurs the line a bit).
From [http://www.abanet.org/natsecurity/patriotdebates/section-206]:
*'''Power expanded''': “roaming wiretaps” (explained in article)
*'''Who is affected''': named or ''unnamed'' targets, under FISA (so if I remember correctly, this is unlikely to affect Americans)
**Nonterrorists? Unlikely for Americans, more likely for non-Americans
**Innocents? More likely for non-Americans, very unlikely for Americans
*'''How liberties are infringed''': authorized secretly, no showing of probable cause, loose description of warrants, no necessary described place ''or'' person ('''[[Fourth Amendment]]'''),
**Response: roving wiretaps have been used in criminal investigations since 1986
From [http://www.abanet.org/natsecurity/patriotdebates/section-213]:
*'''Power expanded''': “sneak and peak” warrants (explained in article)
*'''Who is affected''': terrorists and other criminals
**Nonterrorists? Yes. This section applies to criminal offenses which are not necessarily terror-related
**Innocents? Possible, and also possible that an innocent won’t even know that a search is performed for months ('''[[Fourth Amendment]]''')
*'''How liberties are infringed''': no notification ('''[[Fourth Amendment]]'''), low bar for applicability (easy to abuse), undefined notification period
**Response: delayed notification searches have been used for organized crime, drugs, and child pornography
From [http://www.abanet.org/natsecurity/patriotdebates/sections-214-and-215]:
*'''What power''': the “libraries provision” (explained in article)
*'''Who is affected''': targets under FISA, but unlike other FISA warrants, can be applied to those ''not'' agents of foreign powers
**Nonterrorists? Not limited to only suspected terrorists
**Innocents? Always possible
*'''How liberties are infringed''': applies to any tangible records, trumping other laws which hold privacy protections (medical records, for example); standards less than probable cause ('''[[Fourth Amendment]]'''), “gag rule” expansion (user may never know they were/are subject to a search warrant
**Response: (Couldn’t find one that doesn’t sound like a [[straw man]], will keep looking)
Those are some detailed responses; writing in that format really takes a lot out of me! Here are some others that I can describe more fully if you like:
*'''Section 203''' – spying on Americans without appropriate judicial oversight ('''[[Fourth Amendment]]''')
*'''Section 411''' – be labeled as a terrorist for being a member of an activist group ('''[[First Amendment]]''')
*'''Section 216''' – monitor emails and internet browsing (‘’very’’ high potential for innocents here, since it allows broad, indiscriminate sweeps) ('''[[Fourth Amendment]]''')
*'''Section 806''' – seize property without notice or hearing (high potential for abuse, especially of anti-government organizations) ('''[[Fourth Amendment]]''')
*'''Section 412''' – incarcerate immigrants indefinitely without having to prove that they are terrorists ('''[[Fifth Amendment]]''')
I hope this is help(jazz)ful, and I hope it’s what you were looking for. [[User:HelpJazz|Help]][[User talk:HelpJazz|Jazz]] 21:07, 9 April 2008 (EDT)