Jones_Jennika_HLS6302_Unit III Assignment_9.28.23

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1 Unit III Assignment: The USA PATRIOT ACT and The Department of Homeland Security Jennika Jones Department of Emergency Management Services HLS 6302: Homeland Security September 25, 2023

2 Introduction The USA PATRIOT ACT, also known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, was enacted in October of 2001 by then-President George W. Bush. The USA PATRIOT Act (passed after 9/11), was created to stop and punish any form of terrorism occurring in the United States. This allowed more investigation resources for law enforcement. This act tightened the requirements on financial institutions to prevent corruption, money laundering, and terrorism financing (Unit 21, 2023). The Patriot Act was reauthorized in 2005, 2006, and 2011 by then-President Barack Obama. The act would be reauthorized again in 2020, but Congress indefinitely stopped voting on reauthorizing the act. The PATRIOT Act is no longer active, but there are other provisions of the act effect through other laws like the Right to Financial Privacy Act, Bank Secrecy Act (BSA), Money Laundering Control Act, and Foreign Intelligence and Surveillance Act (FISA) (Unit 21, 2023). Although there were many provisions of The Patriot Act, the act was still declared unconstitutional as it violated the Fourth Amendment. After the horrendous events that occurred during the September 11 attacks in New York City, Washington, DC, and Pennsylvania, The US Department of Homeland Security Act was enacted in 2002 (AHIMA,2010). The Homeland Security Act established the US Department of Homeland Security. The Department of Homeland Security has many organizations such as the Federal Emergency Management Agency, US Coast Guard, US Secret Service, and Transportation Security Administration. The Homeland Security Act’s mission is to prevent terrorist attacks within the United States, reduce the vulnerability of the United States to

3 terrorism, minimize damage, and assist in recovery for terrorist attacks that occur in the United States (AHIMA,2010). The Department of Homeland Security was one of the first departments to statutorily require a privacy office within a federal agency. Is the USA PATRIOT Act Still Needed Today? The USA PATRIOT Act is still needed today, and the act has not outlived its usefulness in criminal investigations related to terror. The Patriot Act allows investigators to use the resources they were given to prevent another terrorist attack from happening again like the events of 9/11. Under President Bush’s leadership, the Department of Homeland Security now has many new tools at its disposal to help us “get it right” (Ridge,11/2004, pg.266). By providing the same tools used in capturing drug kingpins and mafia dons, the Department of Homeland Security and other governing agencies will be able to gather terrorist information. Does the USA PATRIOT Act Infringe on Civil Liberties? While I do believe the USA Patriot Act is still needed today, the Patriot Act infringes on civil liberties. Section 215 of the Patriot Act violates the Constitution in several ways: violates the Fourth Amendment to conduct a search without a search warrant, violates the First Amendment’s guarantee of freedom of speech and launches an investigation after exercising their right, and it violates the Fourth Amendment right by failing to provide notice (ACLU, 10/23/2001). The USA Patriot Act goes against common law. For example, during the PATRIOT Act, the government was able to into your property without a “knock and announce”, search your place even if you were not home, or give you notice. This is why I am conflicted about the PATRIOT Act. While the Act can do good in catching terrorists or terroristic acts, it can still take

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4 away the rights of the American people. If the PATRIOT Act was created to protect the American people, then it should not criminalize them. CASE: Doe v. Holder Doe v. Holder was a federal court case, that was brought on behalf of a “John Doe”. The “John Doe” was an internet service provider who had been served with an NSL and was prohibited from disclosing – to anyone – that the FBI had demanded records from him (ACLU, 9/5/2017). Hence the American citizen had to not disclose their name, which is violating the American’s civil right of freedom of speech. After the settlement came to an agreement, the ACLU’s “John Doe” client Nicholas Merrill was finally able to publicly identify himself at the former company he worked for as the plaintiff in the case. Department of Homeland Security and the Future The Department of Homeland Security’s mission is to prevent terrorism and enhance security, secure, and manage our borders, enforce, and administer our immigration laws, safeguard, and secure cyberspace, and ensure resilience to disasters (Martin, 2019). I do believe this department has done just that following the events of 9/11. Their mission is effective when fighting against terroristic threats, but it cannot be effective when used against the American people who are not a threat. In the next 20 years, I hope to see the Department of Homeland Security, which its full potential of protecting and/or preventing the American people from terroristic threats. Since the 9/11 attacks, I feel like the government is using as many resources as possible to prevent these events from occurring again. We have not had another attack as large as 9/11 and most of the smaller attempts were stopped. Even though we are not where we want to be, we should still appreciate to sacrifices we have made as a people to reform our government.

5 References (2003). USA PATRIOT Act . Purpose, PROS & Cons, & Compliance Requirements, (n.d.). https://www.unit21.ai/fraud-aml-dictionary/usa-patriot-act (2010). Homeland Security Act, Patriot Act, Freedom of Information Act, and him - retired . Homeland Security Act, Patriot Act, Freedom of Information Act, and HIM - Retired / AHIMA, American Health Information Management Association, (n.d.). https://bok.ahima.org/doc? oid=106172 Ridge, T. (2004, November). Using the PATRIOT Act to Fight Terrorism. CSU. https://researchebsco-com.libraryresources.columbiasouthern.edu/c/iuzu2i/viewer/pdf/tptqfrzxzv ACLU. (2001, October 23). Surveillance under the USA/Patriot Act . American Civil Liberties Union. https://www.aclu.org/documents/surveillance-under-usapatriot-act#:~:text=Section %20215%20of%20the%20Patriot%20Act%20violates%20the%20Constitution%20in,or%20will %20commit%20a%20crime . ACLU. (2007, September 5). Federal Court strikes down National Security letter provision of Patriot Act . American Civil Liberties Union. https://www.aclu.org/press-releases/federal-court- strikes-down-national-security-letter-provision-patriot-act Martin, G. (2019). Understanding Homeland Security (3rd ed.). SAGE Publications, Inc. (US). https://online.vitalsource.com/books/9781544355825

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