Privacy vs. National Security Essay

The background signal and nature of the problem is that after September 11, 2001 the politics has enhanced its charge procedure to a f correct offening level. With one policy, The USA Patriot execute-2001, the US government has effectively turned the joined States of America into a jurisprudence solid ground. This policy gives the government run agencies the refine to spy on its citizens. Agents throw out gather information by physically watching, or by otherwise covert means more(prenominal) as wire taps. It is no bimestrial a specific phone line however on mortals. It allows serve up providers to disclose information and protects them from court crookion when the do. It permits a delay in warrant notification, giving agents the ability to search before they convey a warrant in hand. This policy gives the government the veracious to accuse, intimidate, and imprison its citizens of terrorism, and brush aside the score of Rights. The Bill of Rights was created t o protect the community from various in fullices that the government could commit.The amendments that atomic number 18 affected the most atomic number 18 the 1st, 4th, and the 6th. (Asian Tribune,Hallstavik,June 5,2012, US Patriot dissemble has denied Ameri force outs their disembarrassdom) Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press, or the right of people peaceably to assemble, and petition the government for a redress of grievances.(Hamilton, A.,1775, The Bill of Rights) The Patriot perso area gives the government the freedom to monitor religious and governmental institutions without just make. The government also now has the authority to prosecute any(prenominal) type of record keeper if they reveal that the government has subpoenaed information from them for a terrorismInvestigation. (Asian Tribune, Hallstavik, June 5, 2012, US Patriot Act ha s denied Ameri cigarettes their freedom) Amendment IV 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 curiously describing the place to be searched, and the persons or things to be seized. (Hamilton, A., 1775, Bill of Rights) The Patriot Act of course now gives the US government to do just that. They may search and seize a citizens property without probable cause regardless of it pertinence to a terror investigation. (Asian Tribune Hallstavik, June 5, 2012, US Patriot Act has denied Americans their freedom) Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously observed by law, and to be inform at the natu re and cause of the cathexis to be confronted with the witnesses against him to have compulsory process for induceing witnesses in his favor, and to have the service of counsel for his defense. (Hamilton, A., 1775, Bill of Rights)The Patriot Act has given the government the author to jail US citizens indefinitely without charge or trial, or even to confront the witnesses against them. Once labeled an unlawful combatant, the accused can and have been held without communication and denied their right to an attorney. When they are permitted the attorneys and housed in a federal official prison, they lose the right to attorney/client privilege. The government now has the right to monitor those communications as well. (Asian Tribune Hallstavik, June 5, 2012, US Patriot Act has denied Americans their freedom)though there is one good point to the policy, which is providing for victims of terrorism, public officers and their families. That is but a single clause in the policy that is fo r the people, the rest gives the government an sweep over and undeniable control over the American citizens rights and the means to continue and go its control. In the summary, The USA Patriot Act A Sketch, by Charles Doyle, which can be located at http//www.fas.org/irp/crs/RS21203.pdf ,a reader can clearly know that what the Bill of Rights gave us the Patriot Act takes away. Reading numerous articles and summaries of the act it is obvious that the American people should be concerned about just how much power the government is gaining, then giving to the military and agencies such as the Federal Bureau of Investigation (FBI), and Central Intelligence procedure (CIA).The power the agencies have, have been a problem in the past times as well. In 1975 the senate had selected a committee to oversee these agencies, primarily the FBI, which had been declared a vigilante organization. Focusing on suppressing groups from exercising their First Amendment rights, the FBI went with the th eory that preventing the addition of a group would protect national security. The Patriot Act has fundamentally nullified this committee, while granting the government agencies free reign. (Hentoff,N., December 17, 2001, fatherland exoneration of the Constitution)Since the bombing in Oklahoma City on April 15, 1995, the government has essay to do more to prevent another terrorist ack-ack gun, and it began with the Antiterrorism and Effective Death punishment Act of 1996. This in simplest terms takes the right of Habeus away from those convicted of terrorism. To file for Habeas dealer is to petition for an early release and can be done repeatedly. The struggle on the Twin Towers on 9-11 unfortunately has shaken the countries defense mental synthesis to its very core allowing for some rather irrational and natural actions to be taken. Such as the US Patriot Act, this act was adopt as a sunset policy ( message it would expire in intravenous feeding years). This was to enable the individual agencies to adapt and ascertain the effectiveness (Fritscher, L., November. 5, 2007.USA Patriot Act Pros and Cons).This policy, which to congress an unprecedented 43 days to sign into law, was essentially formed to treamline communications between the agencies to provide easier means of investigation and surveillance. Other policies that are not so widely impacted have been passed as well. Policies such as, the National Defense Authorization Act, supplying these agencies the funding to continue. Preliminary enquiry indicates a growing concern the government, and the agencies there of, are gaining too much power, and the aggressive use of this power is progressively eroding the individual American citizens privacy and civil liberties. How do the people know that the information poised by various agencies is not being abused? What assurances can the government give that they wont be? The security of a nation is a major concern to all Americans, but should there be a l imit to what the government can do in the fig of National protective cover.Problems with abuse of privilege have been an issue in the past as well. During the cold war the foreign Intelligence Act was introduced and passed requiring agents to obtain a warrant from a judge before they could intercept backstage conversations. To gain a warrant government lawyers had to have substantiation that an individual was a nemesis. In 2008 this act was revised enabling the procedures to be overlooked. In fact, the law was bypassed by the Bush administration in 2001 after the terrorist attack on 9-11. Individuals and organizations alike are attempting to sue the government in regards to the on-going surveillance program. The ACLU (American Civil Liberties Union), stated that the, people cannot sue unless they can argue their calls were monitored.) Alas, the government will not reveal whose messages were intercepted, therefore no proof (Scalliger,C. whitethorn 21, 2012). Obviously, the odd s are greatly against those who oppose the current policies.Individuals have come forward to attempt to inform the public of the actions of the government but to no avail. In 2007 an ex NSA employee reported that a program, codenamed Stellar booster cable was already underway. Gathering information on millions of American citizens, the NSA gained access to more than 2.8 trillion billing records of domestic and international calls. All, without a warrant. At a later date Verizon joined the program multiplying the call rate pentad times over. Not only is the NSA and other agencies compiling dossiers on US citizens in these massive data bases, they also currently have the ability to eavesdrop in real-time. US citizens overseas are routinely intercepted when transaction home to the states. No reason or warrant required (Hentoff, N., October 6, 2011).The creation is that unwarranted wiretaps are only the beginning. Other forms of spying on the comely citizen are already being used. The Fourth Amendment was written to protect our rights to privacy, to that degree our own government officials a sidestepping these laws. Though the word privacy neer actually appears in the Constitution, it would be difficult to say the fact that something of the meaning of the word has long been established in legal traditions. The American heritage Dictionary defines the word private as secluded from sight, presence or intrusion of others, to be confined to one person personal (Mitrano, T., May 2012).A primary responsibility of the United States government is to protect the citizens and its resources against the threat of terrorism, and Americans appreciate the security they have, and at times have sacrificed liberties to protect it (Walker, B. and Rsachke, G., nd). But, in spite of the measures taken to protect its people the government is also harming their raw material fundamental rights that this country has always been known for. So are the citizens of the United States to give up democracy for a governmental dictatorship for the pastime of this safety. Whats in store for the next generation?ReferencesAsian Tribune Hallstavik, (June 5, 2012), US Patriot Act has denied Americans their freedom, Retrieved from, http//search.proquest.com/docview/1018399742? Doyle, C., (April 19, 2008), Patriot Act A Sketch,Retrieved from, http//www.fas.org/irp/crs/RS21203.pdf. Hamilton, A., (1775), Bill of Rights.Retrieved from, http//www.archives.gov/exhibits/charters/bill_of_rights_transcripts.htm Hentoff, N., (December 17, 2001), Homeland Defense of the Constitution, The Washington Times, Retrieved from, http//scu.edu/ethics/publication/briefings/privacy.html Hentoff, N., (October 6, 2011), Lack of Privacy, becoming modal(prenominal)? The Fort Morgan Times,Retrieved from, http//search.proquest.com/docview/919661310? Mitrano, T., (December 2008), Civil Privacy and National Security Legislation A Three- Dimensional View, Retrieved from http//www.educause.edu/ero/art icle/civil-privacy-and- national-security-legislation-three.htmScalliger, C. (May 21, 2012), Knowing every bit about you. The rude(a) American issue 28, p. 10-16, Retrieved from, http//search.proquest.com/docview/1022039930?Walker, B. & Raschke, G., (nd) Right to Privacy vs. National Security, National Security for the 21st Century, Retrieved from, http//www.library.gatech.edu/security/privacy.htm