Uniting And Strengthening America By Providing Appropriate Tools Against Terrorism International Law Essay

On September 11, 2001, when three commercial airliners were intentionally steered into major US landmarks and a 4th was diverted from a similar onslaught, the United States of America was thrust into profound national turbulence that would take to alterations on many degrees. At 8:46 AM that twenty-four hours, citizens watched in horror as the first hijacked American plane crashed into the north World Trade Center tower in lower Manhattan, New York. Minutes subsequently, although two F-15s from the Air National Guard took off from Otis Air Force Base in Cape Cod, Massachusetts in chase of Flight 175, another hijacked American plane, the F-15s were non able to catch up with Flight 175 before it crashed into the World Trade Center south tower. Then, a short half an hr subsequently, a 3rd plane crashed into the Pentagon edifice in Arlington, Virginia. Twenty proceedingss after the clang into the Pentagon, the south New York Trade Center tower collapsed, followed shortly by the autumn of the north tower. However, “ Because of the actions of the 40 riders and crew aboard the 4th plane, Flight 93, the onslaught on theA U.S.A CapitolA was thwarted. ”[ 1 ]Flight 93 clang landed in Shanksville, Pennsylvania, alternatively. These onslaughts marked an unprecedented declaration of war, non by another state, but by a comparatively little group of foreign “ terrorists, ” who by their actions on that September twenty-four hours, had declared war on the most powerful state on the face of the Earth. How would the Government of the United States respond to this unfathomable indignation?

“ Merely eight yearss after the onslaughts on the Pentagon and theA WorldA TradeA Center, the Bush Administration made a legislative proposal that was to go “ The USA Patriot Act. ”[ 2 ]However, alternatively of a freshly composed measure, the USA PATRIOT Act was crafted from a aggregation of more than 15 old policies. The act did non undergo much reappraisal or argument and was rapidly passed by the House and Senate, hence the USA PATRIOT Act became a jurisprudence on October 26, 2001. Because of the short sum of clip used to analyze the act, “ it lacks background legislative history that frequently retrospectively provides necessary statutory reading. ”[ 3 ]

The act was a give and take of the Anti-Terrorism Act of 2001 ( ATA ) . The intent of the ATA is to construct the defence against terrorist act, every bit good. Sunset commissariats were adopted into the Patriot Act from the ATA. These commissariats mean that after a certain period of clip, parts of the act ( largely commissariats on electronic surveillance ) can automatically run out. The lone manner to halt these commissariats is for Congress to regenerate them. However, some of the commissariats in the act that are “ spread outing [ the ] authorities investigate authorization, particularly with regard to the cyberspace, ”[ 4 ]are binding in closely with single autonomies. The USA PATRIOT Act, which stands for “ Uniting and Strengthening America by Supplying Appropriate Tools Required to Intercept and Obstruct Terrorism Act, ”[ 5 ]greatly expands the powers of federal authorities bureaus affecting surveillance, probes, and jurisprudence enforcement. “ The Act did non, nevertheless, supply for the system of cheques and balances that traditionally safeguards civil autonomies in the face of such statute law. ”[ 6 ]

The Patriot Act sundown on December 31, 2005, and was signed back into jurisprudence by President George W. Bush on March 9, 2006.[ 7 ]The Act is made up of 10 rubrics with assorted subdivisions as follows.

Title I: Enhancing Domestic Security Against Terrorism

Title I of the USA PATRIOT Act includes the actions taken to beef up US domestic security policies and processs to forestall terrorist act.

Section 101 “ establishes in the Treasury the Counterterrorism Fund. ”[ 8 ]The Treasury of the United States sets aside a separate fund, called the “ Counterterrorism Fund. ” The fund reimburses federal sections or bureaus in instances affecting terrorist activities. Reconstruction of installations due to terrorist act is besides covered by the Counterterrorism Fund. Additionally, probe and prosecution of terrorist act and all domestic and international terrorist act menaces is covered by the fund.

It is stated in Title I that all Americans ‘ civil rights and autonomies are protected under Section 102, which affirms that, under any and all circumstance, American citizens ‘ safeties are ensured and any incoming menaces are to be instantly terminated. In add-on, the United States of America must non know apart against any citizen from a alone ethnicity, race, or spiritual background, including Arab and Muslim Americans – despite the September 11 onslaughts. Among other commissariats, this means that Airport security is non permitted under Section 102 to “ profile ” or specifically choice for particular showing, anyone because of their visual aspects.

Section 103 authorizes the addition of the money paid from the Treasury for the usage of the Federal Bureau of Investigation ‘s Technical Support Center. This money is to be used “ to assist run into the demands for activities to battle terrorist act and support and heighten the proficient

support and tactical operations of the FBI. ”[ 9 ]Two hundred million dollars was included in support for FBI operations in 2002, 2003, and 2004.

Title I, through Section 104, allows the Attorney General to bespeak aid from the Secretary of Defense for the Department of Justice sing the usage of arms of mass devastation. By implementing the Federal condemnable codification authorized by the Attorney General, arms of mass devastations may be used by the United States in an exigency state of affairs that would affect opposing ( enemy ) arms of mass devastation. However, the United States has non used arms of mass devastation since the Patriot Act has been passed.

Section 105 allows the Director of the United States Secret Service to “ develop a national web of electronic offense undertaking forces. ”[ 10 ]The web must be an illustration of the New York Electronic Crimes Task Force and will be used for forestalling, observing, and look intoing electronically committed offenses. These electronic offenses include “ possible terrorist onslaughts against critical substructure and fiscal payment systems. ”[ 11 ]The United States authorities is authorized to tap phone lines, listen to private conversations, conduct surveillance of cyberspace sites, and much more in that same vena.

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The last subdivision of Title I, Section 106, works together with the International Emergency Powers Act to revise the presidential authorization in exigency state of affairss of terrorist act. In this subdivision, the United States authorities is authorized to impound any belongings from a foreign individual that is deemed a menace to the security of the United States.

The principal of disapprobation of favoritism in the Patriot Act is carried throughout into following rubrics.

Title II: Enhanced Surveillance Procedures

Title II involves all surveillance of suspected terrorists, individuals related to electronic offenses, and “ agents of a foreign power ”[ 12 ]engaged in secret actions. This rubric includes most of the controversial stuff in the Patriot Act. It is largely composed of amendments made to the Foreign Intelligence Surveillance Act ( FISA ) . Through FISA, authorities bureaus can entree personal records ( including telephone logs, electronic mails, and fiscal statements ) from United States citizens and non-citizens. The Patriot Act allows authorities bureaus “ to disregard many Fourth Amendment limitations, such as holding to demo likely cause. ”[ 13 ]

Sections 201 and 202 of Title II expand the “ authorization to stop wire, unwritten, and electronic communications associating to terrorismaˆ¦ [ and ] to computing machine fraud and maltreatment discourtesies. ”[ 14 ]Under the Act, wiretaps were to include electronic mails and web pages on top of phone conversations and voice mails. All territory tribunal Judgess are permitted to give hunt warrants for this type of surveillance. Warrants were expanded through Title II, leting hunt warrants to replace the surveillance Torahs for voice mails. Section 203 allows authorities bureaus to portion the information found and utilize it in condemnable tribunal instances. “ FISA had specifically made it illegal for grounds gathered through intelligence operationsaˆ¦to be used in condemnable instances. ”[ 15 ]

Title II introduces “ sneak-and-peek ” hunts. “ Sneak-and-peek ” hunts allow places and offices to be searched without the cognition or consent of the occupant and the occupant is non required to be informed of the hunt until good after it has been completed. “ The USA PATRIOT Act allows such warrants to be issued, even those that have nil to make with terrorist act. ”[ 16 ]

The Act through Title II besides permits overseas telegram companies to portion their client communications information with authorities bureaus. Information on records of electronic communicating was expanded by authorities issued subpoenas. These records must now include session continuances, IP addresses, and recognition card Numberss on top of the general information already given. Under Title II, wiretaps of cell phones, or rolling wiretaps, are besides permitted, seeing as terrorists are ever relocating.

Title II includes the addition of the figure of Foreign Intelligence Surveillance Court ( FISC ) Judgess and the “ employment of transcribers by the Federal Bureau of Investigation. ”[ 17 ]

Title III: International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001

The intent of Title III of the Act is to forestall, observe, and persecute international money laundering and support of terrorist act. Title III amends parts of the Bank Secrecy Act of 1970 ( BSA ) , and the Money Laundering Control Act of 1986 ( MLCA ) , and is composed of three captions.

The first caption is in respect to fiscal establishments “ beef uping banking regulations against money laundering, particularly on the international phase. ”[ 18 ]Subtitle A authorizes records to be kept of topographic points worldwide that are noted for most money laundering. The fiscal establishments are permitted to maintain bank histories for international Bankss if “ the foreign bank operates under an offshore banking licence, ”[ 19 ]under licences that are associated with states that do non collaborate with money washing rules or in instances where the foreign bank is under surveillance of the US Treasury for money laundering issues. Fiscal establishments are besides required to “ place each of the proprietors of the foreign bank and the nature and extent of each proprietor ‘s involvement, ”[ 20 ]study discerning minutess, and place establishments associated with the foreign bank.

Condemnable punishments for corrupt employees of the authorities are stated in Subtitle A. Government functionaries who act corruptedly in their responsibilities can be fined or imprisoned or fined and imprisoned.

The 2nd caption of Title III made amendments to the BSA. This caption made money washing more hard for felons and made supervising money washing operations easier for jurisprudence enforcement and authorities bureaus. Any authorities bureau who obtains information of a leery activities study is required to inform the Federal Bureau of Investigation ( FBI ) . Under Subtitle B, fiscal establishments are required to maintain records of all minutess. Subtitle B gives the Federal Reserve System the power to move as jurisprudence enforcement officers if any United States National Reserve Bank is a victim of terrorist act.

Title III ‘s last subtitle involves currency offenses. By increasing money laundering punishments and utilizing bulk currency motions, Subtitle C makes observing the laundering of money more manageable. Excessive hard currency smuggling into or out of the United States is considered a condemnable discourtesy in Subtitle C and can be punished by imprisonment or forfeiture. In portion this subtitle provinces: “ Merely the arrogation of bootleg majority hard currency can efficaciously interrupt the rhythm of condemnable activity of which the laundering of majority hard currency is a critical portion. ”[ 21 ]

Title IV: Protecting the Boundary line

Title IV of the USA PATRIOT Act gives more fact-finding authorization to the United States Attorney General and the Immigration and Naturalization Service ( INS ) .[ 22 ]Through in-migration ordinances, Title IV tries to forestall terrorist act. Like Title III, this rubric is divided into three captions.

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Subtitle A purposes to protect the northern boundary line of the United States. At the northern boundary line, the populations of Customs Service forces, Border Patrol forces, and INS witnesss were tripled.[ 23 ]An excess 50 million dollars a twelvemonth was given to both the INS and United States Customs Service.

Subtitle A besides allows the Attorney General and Director of the FBI to entree any files from the National Crime Information Center ( NCIC ) .[ 24 ]However, condemnable history records from the NCIC can non be shown in full unless the applier ‘s fingerprints are submitted to the FBI.

Title IV enhances in-migration commissariats through Subtitle B. A engineering criterion was developed by the National Institute of Standards and Technology ( NIST ) to do certain visas were non being issued under same individualities. It was subsequently found that the old fingerprint system was better than the system developed by the NIST for the new engineering criterion.

Subtitle C is for the “ saving of in-migration benefits for victims of terrorist act. ”[ 25 ]This subtitle fundamentally provinces that foreigners who are portion of foreign groups of terrorist act are restricted from come ining the United States. Terrorism, and acts or objects associated with terrorist act, are redefined under Subtitle C of Title IV.

Title V: Removing Obstacles to Investigating Terrorism

Title V regards “ the gaining control and prosecution of terrorists. ”[ 26 ]

The first two subdivisions of Title V of the Patriot Act give the Attorney General and Secretary of State the authorization to pay wagess. The intent of pecuniary wagess given by the Attorney general is to combat and prevent terrorist act while the Secretary of State ‘s wages is offered for placing leaders of terrorist organisations and stoping the organisations. Both have pecuniary bounds, although the Secretary of State is permitted to honor over five million dollars if an act of terrorist act can be terminated.[ 27 ]The Attorney General is besides permitted to prehend personal records without judicial inadvertence.[ 28 ]

Section 503 expands the Deoxyribonucleic acid Analysis Backlog Elimination Act of 2000. Previously, DNA samples could be taken from violent, sexual, or military wrongdoers. Title V authorizes samples of Deoxyribonucleic acid to be collected from suspected terrorists.

A federal officer is required by Section 504 of Title V of the Patriot Act to organize with authorities agents when knowing about terrorist activities. Title V besides extended the Secret Service legal power and allows for revelation of information for educational records and studies. The United States Attorney General or Assistant Attorney General is permitted to roll up educational records or studies that may be relevant to an probe.

Title VI: Supplying for Victims of Terrorism, Public Safety Officers, and Their Families

Title VI is divided into two captions that can be explained together. This rubric is one of the few included in the Patriot Act that does non do contention.[ 29 ]The Victims of Crime Act of 1984 ( VOCA ) was amended by Title VI of the Patriot Act. This amendment made alterations in how the VOCA fund was managed.

Amendments to VOCA improved the velocity of pay outing financess needed to help public safety officers and their households “ involved in the bar, probe, deliverance, or recovery attempts related to a terrorist onslaught. ”[ 30 ]Families of the public safety officers must have assistance within 30 yearss of the officer ‘s hurt or decease. The fund for VOCA was increased to counterbalance U.S. citizens overseas, and amended to cover citizens in all United States Territories.

Title VII: Increased Information Sharing for Critical Infrastructure Protection

Partss of the Omnibus Crime Control and Safe Streets Act of 1968 ( OCCSSA ) are amended in Title VII, which has merely one subdivision. This Section is the “ Expansion of Regional Information Sharing System that facilitates Federal, State, and local jurisprudence enforcement response related to terrorist onslaughts. ”[ 31 ]Title VII exists to enable United States jurisprudence enforcement officers to halt terrorist activities that cross legal powers. This included support for a budget of 50 million dollars under the Bureau of Justice Assistance for 2002, and one hundred million dollars for 2003. Under the budget, the Director of the Bureau can do grants and trades with province and local authorities governments to counter actions of terrorist act that cross jurisdictional lines.

Title VIII: Strengthened the Criminal Laws Against Terrorism

Title VIII makes and recreates ways to counter terrorist act. A The Trade Sanctions Reform and Export Enhancement Act of 2000 ( TSREEA ) is amended in Title VIII.

Section 801 of Title VIII of the USA PATRIOT Act punishes those who commit “ terrorist onslaughts and other Acts of the Apostless of force against mass transit systems. ”[ 32 ]Punishments include mulcts and imprisonment for no longer than twenty old ages. Life imprisonment can be imposed if the vehicle of mass transit was transporting a rider and the rider died or was injured.

The biological arms legislative act was expanded under Title VIII. Title VIII “ outlaws ownership of a type or measure of biological agents or toxins that can non be justified for peaceable intents. ”[ 33 ]Leery individuals are non permitted to possess any biological arms or toxins. Violating these regulations carries penalties of mulcts or imprisonment for no longer than ten old ages.

Harboring foreigners or criminals was added to federal offenses by Title VIII. Title VIII bans “ supplying material support to persons and to organisations that commit assorted offenses of terrorist act. ”[ 34 ]

Section 806 provinces that necessary belongings of a terrorist group may be confiscated. Amendments to the TSREEA “ confirm that the trade countenances measure should non be construed to restrict or otherwise amend the prohibitions on supplying material support to terrorist or terrorist organisations. ”[ 35 ]Any of these Acts of the Apostless are considered back uping terrorist act and are punishable by mulcts and imprisonment for no more than ten old ages.

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Discourtesies due to cyber terrorist act are penalized through Title VIII. Acts of cyber terrorist act include the illegal entree to a computing machine that may endanger personal or public safety or harm to a authorities computing machine that is needed for national justness, defence, or security. Wrongdoers can have up to ten old ages in prison. To forestall cyber terrorist act, the Attorney General is required to put up computing machine forensic research labs.

Title VIII redefines many terrorist act footings and recreates punishments for Acts of the Apostless of terrorist act.

Title IX: Improved Intelligence

Title IX of the USA PATRIOT Act is composed of eight subdivisions and trades with foreign intelligence information found in condemnable probes.

“ Title IX amends the National Security Act of 1947 to spread out the duties of the manager of the CIA. ”[ 36 ]The Director of the CIA is required to help the Attorney General by supplying information found through FISA to assist with foreign intelligence intents. Required by Title IX, the Attorney General and other managers of authorities bureaus have to inform the Director of the CIA of any information that they are knowing of. Title IX adds “ the probe of international terrorist activities to the definition of foreign intelligence. ”[ 37 ]

Reports of international terrorist activities are organized into intelligence-related authorities centres.[ 38 ]The National Virtual Translation Center translates foreign intelligence information to be used by appropriate authorities bureaus. Title IX ordered a study to be written to reorganise the Foreign Terrorist Asset Tracking Center, but the study was ne’er written, therefore the centre was ne’er reconfigured.

Under Title IX, officers of intelligence bureaus are encouraged to do maintain relationships needed to transport out intelligence operations. The Attorney General is responsible for learning employees of intelligence bureaus how to right pull off foreign intelligence information.

Title Ten: Assorted

Title X is a constellation of other terrorist act bar Torahs that do non suit in the other rubrics of the Patriot Act.

First, Congress understands that all Americans were affected by the September 11 onslaughts. Under Section 1002 of Title X, Sikh Americans will non be discriminated against. “ Violence or favoritism against any Americans including Sikh-Americans should be condemned. ”[ 39 ]

Wrongdoers accused of money laundering may be arrested and prosecuted in the location where they are caught of the offense. Illegal foreigners are non permitted to come in the United States, particularly in instances where they are involved with the laundering of money.

President George W. Bush was required to supply five million dollars for the Republic of Turkey and South and East Asia. The Republic of Turkey used the assistance for drug enforcement and South and East Asia used the assistance for the control of chemicals. In the United States, Title X requires drivers to undergo background cheques and geting Hazmat licences before transporting risky stuffs.

Title X authorizes the usage of financess wherever they are necessary to forestall terrorist act in the United States. “ Section 1005 authorizes appropriations of $ 25 million for each financial twelvemonth from 2003 through 2007 to allow the Attorney General to do grants to province and local authoritiess for terrorist act bar and antiterrorism preparation of fire combatants and other first respondents. ”[ 40 ]

Many other Torahs affecting terrorist act bar are included in Title X.

The USA PATRIOT Act was reauthorized in July of 2005 and once more in February of 2006. These reauthorizations made many commissariats to the Act adding decease punishments for terrorists, more power for the Secret Service, and much more. On Saturday, February 27, 2010, “ President Obamaaˆ¦signed a annual extension of several commissariats in the chief U.S. counterterrorism jurisprudence, the Patriot Act. ”[ 41 ]Obama extended rolling wiretaps, ictus of personal records and belongings involved in an antiterrorist operation, and surveillance on non-United States citizens that could be involved in terrorist operations.

There are many contentions involved in the Patriot Act, particularly with the allowance of wiretaps and hunts. “ The authorities says wandering wiretaps are needed to cover with technologically sophisticated terrorists, ” nevertheless, many argue that the Act violates privacy “ of anyone who comes into insouciant contact with a suspect. ”[ 42 ]Searches allow authorities bureaus to inspect any place without holding to demo likely cause. Research workers can acquire a hunt order for foreign intelligence hunts, but may utilize condemnable charges. Many people believe that because of the Patriot Act, research workers will utilize terrorist act as an alibi for condemnable lights-outs.

Since October 26, 2001, when the USA PATRIOT Act was signed into jurisprudence by President George W. Bush, legion state of affairss have changed. Lifes can be tapped into and searched by United States authorities bureaus and be shared amongst the full intelligence community. Airline travel takes a great trade longer than it did before the Patriot Act was passed. Now, travellers must get at airdromes a few hours before they are really scheduled to go forth because of increased security. However, the most drastic alteration is how the United States views the remainder of the universe because of the terrorist onslaughts on September 11, 2001.