Justifiable and Unjustifiable Government Interference

Since the themeist perform was enacted after September 11, 2001. at that place has been an on expiry argument about the validity of the patriot Act and whether or not it is a violation of accomplished rights. The question is how far is withal far? How more than intrusion will Ameri great deals allow into their lives for the sake of national protection?The Patriot Act was signed into integrity on October 26, 2001. The Patriot Act has 16 provisions that give the government surveillance and legal powers to engagement against terrorists. Since 9/11, in that respect have been no other terror attacks on American soil. Since this time has passed with no other attacks, tribe be starting to question whether the Patriot Act should be scaled rear end or whether we even need it at all. The Patriot Act addresses several newborn areas in surveillance. I will touch on a couple of those new provisions and what they mean. Pen Register or Trap and Trace OrdersCurrently, justice enfor cement agencies involved in intelligence investigatings can obtain a publish register or fix and trace order under which they can have penetration to numbers pool game game dialed and received by a particular phone. In order to obtain a pen/trap order, law enforcement essential show that the information they are seeking is relevant to an ongoing criminal investigation and that the suspect that they are tracking is in communication with someone involved in international terrorist act or intelligence activities. This is a much lower standard than the probable cause standard utilise in criminal investigations. The Patriot Act reduces this standard even further, eliminating the in communication with requirement. Law enforcement officials must simply show that the information they are seeking is relevant to an ongoing criminal investigation. Under this provision, when law enforcement requests a pen/trap order from a judge, he must issue it. The judge has no discretion to refuse , even if he/she views it as unnecessary or unjust.These are the lineaments of provisions that concern opponents to the Patriot Act and those who think our privacy is being threatened. Although, it this may help in the fight against terrorists, opponents contend that it could be used against all citizens. I have a hard time believing that law enforcement is going to be wasting their time with people that are not involved in some type of terrorist or criminal activity. This doesnt mean that the powers could not be abused or that mistakes could not be made. Just that in the grand scheme of things, these instances are unlikely. And if they do happen, the consequences in relation to the issue of national security is not likely to be all that great.The PA also extends the scope of information that can be obtained using a pen/trap order. Law enforcement may now have access to dialing, routing, and signaling information where in the past it could only be used to obtain telephone numbers d ialed and received. The reference to routing information refer specifically to internet use either for netmail or browsing. The PA expressly states that the contents of communications may not be obtained with trap/trace orders, but the PA does not define the term.The FBI began using a new tool called Carnivore to manage email and instant messages. They take away it will be very effective against terrorists. Opponents claim it can be used against any citizen. Carnivore lets them monitor everyone who uses the same internet provider that the suspect uses, whether they are under investigation or not. The argument is that new rules need to be put into place to prevent innocent people from being tracked quite of relying on the FBI to filter out any non-relevant information.Because content cannot slow be separated from internet routing information, in order to obtain an email address, law enforcement must be given access to the entire email packet and then is entrusted to only viewin g the address and deleting the content without viewing it. With internet browsing, content cannot be easily separated from internet routing information either. This is different from telephone calls where the numbers dialed and received can easily be separated from the content of the phone call.The PA increases the scope of subpoenas. In the past, the government could use a subpoena to compel an ISP or website to release the following information about their subscribers customers name, address, length of service, and method of payment. The government could not get credit cards numbers, bank account numbers or other more specific indentifying information. PA now authorizes the government to obtain credit card numbers and bank account numbers through subpoenas. Law enforcement argues that this is essential information as many people register with websites using false names and this is the only way to get a positive ID. there is no judicial review involved in the subpoena process and therefore no encumber to make sure law enforcement has the proper grounds.As you can see, the PA has given much broader representation to law enforcement personnel. This increase in power has raised alarms from opponents of the PA. Civil libertarians fear that concerns about national security will erode civil liberties.The key is to try and find some sort of balance. The problem is that some(prenominal) sides continue to argue for their point of view. Can there be a balance when youre talk about our national security? Which is more important? Are civil liberties more important than the national security of our country? I personally dont see how you can prioritize civil liberties over our national security.History shows that we have valued dangers many times in the past. The Japanese attack on Pearl Harbor, Cold War espionage, Cuban missile crisis, the Tet Offensive to name a few. There are even theories out there that we had advance knowledge of 9/11. Perhaps we tend to overre act. But we cannot underestimate the importance of national security. We already know that there are plenty of people out there that want to see our destruction. It doesnt matter what we do, what we say, how we handle things. They want us destroyed no matter what, so this whole theory of trying to figure out what we did wrong or why they abominate us is a complete waste of time. Because they dont care. They have one objective only.I dont know that well ever be able to strike a balance that is agreeable to both sides. I understand the need to protect civil liberties. The issue I have is that situations sometimes dictate what needs to be done. I dont think the fears that well lose our civil liberties is a valid one. This idea that theyll take a little at a time and pretty presently well have none. I just dont buy it. Not in this Country. Its too strong, theres too much individualism in America. The people would never allow it. There would be a revolt before it would ever happen. I guess since I have cryptograph to hide, I dont mind that the government has certain powers or takes certain steps to undertake the security of our nation.