According to Taylor et al., 2015 The USA Patriot Act was passed a few weeks after the September 11, 2001, attack and reauthorized by Congress in 2006 and 2011. Taylor stated that the primary focus of the act was the expansion of surveillance procedures by law enforcement. According to the American Civil Liberty Union, the Act gave more power to the government to spy and monitor in four main areas stated below.
1. Section 215 of the act expands the governments ability to look at records on an individuals activity being held by a third party. For example, according to the act law enforcement may obtain the call log or cell site information from a mobile service provider without a warrant. The act also permits doctors to hand over medical information of their patients to the FBI by force which is against HIPAA law. It also forces institutions like libraries, universities, and, internet Service providers to hand over customer records. According to ACLU, the act violates the Fourth Amendment which shows the procedure to be followed for a search to be conducted on an individual. The expansion in search also violates the First Amendment which guarantees free speech.
2. Section 213 of the act permits the secret search of private property without notice of the owner. ACLU stated that the Patriot Act unconstitutionally amends the federal rules of criminal procedure which allows the government to search property with notice. This means that the government can enter a house, apartment, or office with a search warrant when the occupants are away, search through their property, take photographs, and in some cases even seize property and not tell them until later.
3. Section 21 of the act expands a narrow exception of the Fourth Amendment that has been created for the collection of foreign intelligence information. The ACLU states that this act allows the government to secretly conduct a physical search or wiretap on American Citizens to obtain evidence without proving any probable cause. The FISA law in 1978 made an exception when wiretapping is for foreign intelligence but the patriot Act allows search when a significant purpose is intelligence
4. Section 214 expands the Fourth Amendment exception of spying that collects addressing information about the origin and destination of communication as opposed to the content.
In fighting cybercrime, section 215 of the Patriot Act allows law enforcement to gather information during cybercrime investigations. For example, the FBI can obtain from an Internet Service Provider, a customers internet search activities and IP address. Under the Act victims of computer attacks can monitors trespassers on their computer system (Harvard Law, n.d)
ACLU. (n.d.). Surveillance under the USA/Patriot Act. American Civil Liberties Union. Retrieved October 9, 2022, from https://www.aclu.org/other/surveillance-under-usapatriot-act
Havard Law. (n.d.). Return to privacy module V. EFFECT OF THE USA PATRIOT ACT ON INTERNET PRIVACY. Retrieved October 9, 2022, from https://cyber.harvard.edu/privacy/Introduction%20to%20Module%20V.htm
Taylor, Robert W., Fritsch, Eric J., and Liederbach, J. (2015). Digital Crime and Digital Terrorism. Boston, MA: Pearson
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