Privacy vs. National Security Essay

The scope and nature of the problem is that after family 11, 2001 the politics has enhanced its surveillance procedure to a f neargonning level. With sensation policy, The USA patriot work out-2001, the US giving medication has effectively turned the United States of America into a police state. This policy gives the organisation impress agencies the right to spy on its citizens. Agents can gather maintaination by physically watching, or by other covert representation much(prenominal) as wire taps. It is no longer a unique(predicate) phone line but on individualistics. It allows service providers to disclose information and protects them from court deedion when the do. It permits a delay in endorsement notification, giving agents the ability to search before they piss a rationalize in hand. This policy gives the government the right to accuse, intimidate, and imprison its citizens of terrorism, and ignore the Bill of Rights. The Bill of Rights was created to protect t he tribe from various injustices that the government could commit.The amendments that are affected the most are the 1st, 4th, and the 6th. (Asian Tribune,Hallstavik,June 5,2012, US Patriot be has denied Americans their freedom) 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 modify of grievances.(Hamilton, A.,1775, The Bill of Rights) The Patriot Act gives the government the freedom to monitor religious and political institutions without just cause. The government also today has the authority to prosecute any 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 has denied Americans their freedom) Amendment IV The right of the people to be secure in t heir persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall is execute, but upon probable cause. Supported by oath or affirmation, and particularly 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 straightaway and public trial, by an impartial jury of the state and district wherein the crime shall create been committed, which district shall bedevil been previously ascertained by law, and to be informed at the nature and cause of the accusation to be confronted with the witnesses agai nst him to have compulsory process for recovering witnesses in his favor, and to have the assistance of counsel for his self-denial. (Hamilton, A., 1775, Bill of Rights)The Patriot Act has given the government the power to jail US citizens indefinitely without charge or trial, or tied(p) 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 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 for the people, the outride gives the government an overwhelming and u ndeniable control over the American citizens rights and the means to continue and expand 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 proofreader can clearly see 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 forebodinged 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 parole Agency (CIA).The power the agencies have, have been a problem in the past 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 initiative Amendment rights, the FBI went with the theory that preventing the growth of a group would protect nation al security system. The Patriot Act has basically void this committee, while granting the government agencies free reign. (Hentoff,N., December 17, 2001, Homeland Defense of the Constitution)Since the bombing in Oklahoma urban center on April 15, 1995, the government has attempted to do more to prevent another terrorist attack, and it began with the Antiterrorism and Effective Death penalization Act of 1996. This in simplest terms takes the right of Habeus away from those convicted of terrorism. To file for Habeas Corpus is to petition for an early wrench and can be done repeatedly. The attack on the Twin Towers on 9-11 unfortunately has shaken the countries defense structure to its very core allowing for some rather irrational and extreme actions to be taken. much(prenominal) as the US Patriot Act, this act was adopted as a sunset policy (meaning it would lapse in four 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 recounting 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 research 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 gathered 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 limit to what the government can do in the name of National Security.Problems with abuse of privilege have been an theme 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 private conversations. To gain a warrant government lawyers had to have proof that an individual was a threat. 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 akin are attempting to sue the government in regards to the ongoing surveillance program. The ACLU (American Civil Liberties Union), stated that the, people cannot sue unless they can show their calls were monitored.) Alas, the government will not reveal whose messages were intercepted, therefore no proof (Scalliger,C. whitethorn 21, 2012). Obviously, the odds 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 vacate was already underway. Gathering information on millions of American citizens, the NSA gained access to more than 2.8 trillion billing records of home(prenominal) and international calls. All, without a warrant. At a later date Verizon joined the program multiplying the call aim five times over. Not only is the NSA and other agencies compiling dossiers on US citizens in these monumental data bases, they also currently have the ability to eavesdrop in real-time. US citizens overseas are routinely intercepted when calling home to the states. No reason or warrant required (Hentoff, N., October 6, 2011).The reality is that idle wiretaps are only the beginning. Other forms of spying on the average citizen are already being used. The fourthly Amendment was written to protect our rights to privacy, yet our own government officials a sidestep ping 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 accomplished in legal traditions. The American Heritage Dictionary defines the word private as secluded from sight, front man or intrusion of others, to be confined to one person personal (Mitrano, T., May 2012).A radical 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 basic thoroughgoing 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 sake of this safety. Whats in store for the next generation?Re ferencesAsian 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/ moral philosophy/publication/briefings/privacy.html Hentoff, N., (October 6, 2011), Lack of Privacy, becoming normal? The Fort Morgan Times,Retrieved from, http//search.proquest.com/docview/919661310? Mitrano, T., (December 2008), Civil Privacy and National Security command A Three- Dimensional View, Retrieved from http//www.educause.edu/ero/article/civil-privacy-and- national-security-legislation-three.htmScalliger, C. (May 21, 2012), Knowing every bit about you. The New A merican 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