The Fourth Amendment vs the USA PATRIOT Act

The Fourth Amendment vs. the USA PATRIOT Act David Parez

Fourth Amendment • “Right of the people to be secure in their persons…” • Originally written with illegal British searches in mind • Protects US citizens against unreasonable searches and seizures • Requires warrants for searches

USA PATRIOT Act • Formally known as: Uniting and Strengthening America by…. Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001

PATRIOT Act • Signed in to law in October, 2001 by Bush • Key sections extended in May, 2011 by Obama • Aimed to address newfound culture of terrorism • Removed many restrictions on law enforcement agencies to investigate possible terrorists • Introduced concept of “domestic terrorism” – No longer needs to be a foreign enemy

PATRIOT Act, Title II • Title II of the PATRIOT Act introduced new surveillance procedures – Sneak and peak warrants (delayed warning on a search warrant) – Roving wiretaps (no court order to follow a suspect through wiretaps) – Access to documents on citizens (organizations must produce any documents that the government requests) • Most controversial section of the PATRIOT Act

2011 Extensions of the PATRIOT Act • President Obama extended key sections of the PATRIOT Act in 2011 – Roving wiretaps – Searches of business records – Surveillance of suspected terror suspects

National Security Agency • Formed November 4 th, 1952 • Private company funded and led by the federal government – Employ civilian workers • Tasked with monitoring foreign communications • Protects domestic communication systems

Edward Snowden • 30 years old (born June 21 st, 1983) • Discharged from US Army Spec Ops after training accident • Technical consultant at Booz Allen Hamilton – Previously worked with CIA and NSA – Earned salaries between $122, 000 and $200, 000

Glenn Greenwald • Political journalist working for US edition of The Guardian • Has spoken at numerous Ivy League schools, as well as University of Wisconsin • Board member of Freedom of the Press Foundation • Author of How Would a Patriot Act?

The Breach • Snowden used his various jobs to collect a large amount of information on NSA data collection – Working for Booz Allen Hamilton was a significant resource • Edward Snowden began contacting Glenn Greenwald in February, 2013 – Washington Post and Snowden could not agree to terms, so Snowden turned to The Guardian – Used email codename “Verax” (Latin for “truth-teller)

The Breach • June 5 th: The Guardian revealed that the Foreign Intelligence Surveillance Court ordered Verizon to provide constant data regarding all telephone calls to, from, or within the United States • June 6 th: the existence of PRISM was leaked – Established in 2007 – Electronic surveillance program – Took advantage of communications flowing through United States

PRISM Collection Data

The Breach • June 9 th: Existence of Boundless Informant leaked – Database of computer and telephone data • June 20 th: Documents revealed that Attorney General Eric Holder signed off on NSA activities • June 23 rd: Snowden said NSA regularly hacked Chinese phone companies, universities, and other networks to gather data on text messages and calls

Boundless Informant Data Map

Aftermath of Leak • Snowden has been fleeing from country to country for most of June • Most foreign nations unwilling to cooperate with US government – Hong Kong, China, Russia • Many nations aim to stay uninvolved in the case

Repercussions of Leak • Biggest leak in history of the NSA • Government has filed charges against Snowden under the Espionage Act – Same law used in 2010 to charge Americans with assisting Wiki. Leaks in largest leak in US history • American Civil Liberties Union has sued the government over NSA surveillance • Keith Alexander, director of the NSA, claimed that Snowden’s leaks would cost American lives

Reaction to Leak • Michael Moore, Glenn Beck, and Ron Paul have all voiced their support for Snowden • Wiki. Leaks founder Julian Assange has praised Snowden and rallied supporters • Bloomberg points out that the programs targeted by NSA surveillance are most likely not used by terrorists – Skype, Facebook, online messaging services

Reaction to Leak • Public reaction is very divided • 44% of Americans support Snowden, while 42% oppose what he did – 54% favor prosecution, 38% against – 49% find information in interest of public, 44% believe information was harmful • Protests around the world, especially in Hong Kong, show support for Snowden

What does all of this mean? • USA PATRIOT Act has stretched in its authority since its entrance into law – Originally meant to track terrorists – Seems to be interpreted in unconstitutional manner • 4 th Amendment has lost much of its meaning and many of its protections – Americans are realizing the consequences of the PATRIOT Act – Are Snowden’s actions still illegal if the government’s activities were unconstitutional?

What does all of this mean? • Tradeoff between liberty and security has tilted towards security – How much of our personal freedom are we willing to give up in exchange for national security? • Dangerous level of American indifference – In a time where global unrest has seen protests in so many major nations, the American public seems very indifferent about the issue

Closing • Has the USA PATRIOT Act taken too much of our personal security away in exchange for national security? "The greatest fear that I have regarding the outcome for America of these disclosures is that nothing will change. " – Edward Snowden

Sources • • • The Guardian The Washington Post Yahoo! News Gallup Bloomberg. com