3.2 The threat of terrorism in the united states: the emotional  (Page 2/5)

There was much disbelief, among the American people, that the United States had been attacked in the homeland. Most Americans could have never imagined that such an attack would take place; particularly in New York City. This feeling of disbelief led to a state of confusion. In fact, the day when the attacks took place, most Americans were not sure who was in control of their government or what the next day would bring with regards to security measures.

The feeling of disbelief led to a moral panic where most citizens were willing to surrender at the mercy of its policy makers, the most cherished due process rights afforded by the U.S. Constitution. This moral panic was clearly representative of the “fear” of being attacked again and the fear that lack of action would translate into more terrorist attacks in the immediate future. The argument was made that legislators “knew best”; thus, the American people were obliged to provide them the necessary tools to “make us safer”.

The immediate result of this fear and moral panic was one of the most significant pieces of legislation that has emerged in the United States in recent history; legislation which, according to critics, significantly curtails the due process rights of American citizens. The name of this legislation, which has become a symbol of the emotional response initiated by the United States after the attacks of September 11, 2001, is titled the “Patriot Act”.

The Patriot Act was signed into law by President Bush on October 26, 2001. The Act was passed with little Congressional oversight and debate. The legislation was regarded by its advocates as “urgently needed” in light of the “lingering” terrorist threat against the United States. That is, supporters of the Patriot Act alleged that it would allow law enforcement greater flexibility to identify and respond, if necessary, to any terrorist threat in the homeland or abroad.

According to the Charles Doyle’s Congressional Research Services Report to Congress (2002), the Patriot Act was based on the following components:

1. Criminal Investigations
2. Foreign Intelligence Investigators
3. Money Laundering
4. Alien Terrorists and Victims
5. Other Crimes and Penalties

Crime investigations

In the United States, prior to the Patriot Act, law enforcement officers were required to seek special court orders in order to eavesdrop on a suspect in order to obtain information leading to criminal prosecution. The Patriot Act, according to Charles Doyle’s Congressional Research Services Report to Congress (2002, pg. CRS-2,3), altered this requirement by:

• Allowing pen register and trap and trace orders for electronic communications
• Authorizing nationwide execution of court orders for pen registers, trap and trace devices, and stored e-mail or communication records
• Treating stored voice mail like stored e-mail
• Allowing authorities to intercept communications to and from a trespasser with a computer system
• Adding terrorist and computer crimes to Title III’s predicate offense list
• Reinforcing and protecting those who help execute Title III, ch. 121, and ch. 206 orders
• Encouraging cooperation between law enforcement and foreign intelligence investigators
• Establishing claims against the U.S. for certain communication privacy violations by government personnel
• Terminating the authority found in many of these provisions and several of the foreign intelligence amendments with a sunset provision (December 31, 2005).