Which sections of the U.S. PATRIOT Act were most likely to infringe on the civil rights of American citizens?
A.
Sections 201 and 202
B.
Sections 403 and 404
C.
Sections 405 and 406
D.
Sections 407 and 408
A. Sections 201 and 202
TITLE II—ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept wire, oral, and electronic communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses.
Subtitle B—Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; judicial review.
Sec. 413. Multilateral cooperation against terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security on Entry-Exit Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.
It is actually the combination of various sections in Title II, Title III, and Title IV that were seen as most likely to infringe on the civil rights of American citizens. These include:
- Section 215, which allows for the FBI to obtain personal records and other tangible items for national security purposes without a warrant, and which has been used to obtain massive amounts of data from phone companies and other organizations.
- Section 206, which allows for roving wiretaps that can target multiple devices without a specific person being named.
- Section 207, which allows for intercepts of computer trespassers who don't fall under other surveillance categories, and which has been criticized for being too broad.
- Section 802, which defines domestic terrorism so broadly that it potentially encompasses acts of civil disobedience or protest.
- Section 802, which is also linked to the creation of fusion centers, where local, state, and federal agencies share intelligence, but which have been accused of violating privacy and civil rights of citizens.
Therefore, it is not just one or two sections, but rather the extensive powers granted to law enforcement agencies and the potential for abuse of these powers that have been seen as most likely to infringe on civil rights.
To determine which sections of the U.S. PATRIOT Act are most likely to infringe on the civil rights of American citizens, we need to examine the content of each section. The PATRIOT Act, officially known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, was enacted in response to the September 11th terrorist attacks and aimed to enhance national security.
Sections 201 and 202 of the PATRIOT Act pertain to the authorization of electronic surveillance for intelligence purposes. These sections expand the scope of the government's ability to obtain wiretaps, conduct electronic surveillance, and collect foreign intelligence information. Concerns about these provisions often center around the potential invasion of privacy and the potential for abuse, as they grant broad powers to government agencies.
Sections 403 and 404 of the PATRIOT Act relate to the use of pen registers and trap and trace devices. These sections allow law enforcement agencies to gather real-time phone and internet metadata, such as numbers dialed, email addresses, and websites visited. Similar to sections 201 and 202, concerns arise around the potential violation of privacy rights with the collection of such information.
Sections 405 and 406 address the access to stored wire and electronic communications and transactional records. These provisions permit government agencies to access electronic communications, such as emails or other digital data, held by third-party service providers, as well as financial and credit card records. These measures have also raised concerns about privacy and the potential for abuse of personal information.
Sections 407 and 408 of the PATRIOT Act establish the "National Security Letter" (NSL) authority. NSLs are administrative subpoenas issued by government agencies without the need for judicial approval. They can be used to compel financial institutions, telecommunications companies, and other entities to provide customer records and other information. Concerns regarding NSLs revolve around the lack of judicial oversight, potential abuse of power, and the impact on civil liberties.
Based on these explanations, it is reasonable to conclude that sections 201 and 202 are most likely to infringe on the civil rights of American citizens, as they expand the government's surveillance authority, potentially encroaching on privacy rights.