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On Fear and Freedom


Many facets of this act have deeply concerned civil libertarians who believe that this is the slippery slope to the erosion of civil liberties.
             At this point I will give an analysis of Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (H.R. 3162, The "USA Patriot Act"). It was passed just six weeks after September 11 attack that this act was hastily passed in the house with 356-to-66 and in the senate 98-to-1. The bill is 342 pages long and makes changes to 15 existing statutes (www.Eff.org). It gives the president and DOJ an apparent carte blanche to fight terrorism. .
             The fourth amendment states that:.
             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. .
             The fourth amendment, a cornerstone of America's constitution, which we all pride, has been the victim of these sweeping changes in the recent enactment of USPA.
             Many people might think that before the enactment of USPA the law-enforcement authority did not have appropriate tool, if any to combat terror. But if we go back a little further we see that USPA is basically an expansion of the parameters of Omnibus Crime Control and Safe Streets Act of 1968. What Congress basically did was broaden the scope of the 1968 statute in the USPA. Title III generally prohibits electronic eavesdropping on telephone conversations, face-to-face conversations, or computer and other forms of electronic communications, 18 U.S.C. 2511" (www.fas.org). But it did give authorities a narrowly defined process for electronic surveillance to be used as last resort in serious criminal case, but the law enforcement authorities must show a "probable cause" before being granted the warrant.


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