USA PATRIOT Act

Origins

The USA PATRIOT Act had already been proposed in the Congress before the events of September 11, 2001 (9/11). In the following days, President Bush called on the U.S. Congress to provide the federal government with sweeping law enforcement powers to better identify and prosecute terrorists. The executive branch and the congressional leadership centered its legislative efforts on this bill.

The act is an extension of the Foreign Intelligence Surveillance Act (FISA) of 1978 and the Computer Fraud and Abuse Act (CFAA) of 1986. The primary means of extension was the inclusion of terrorism. Terrorism itself was defined in the act as an activity that meets all three of the following criteria: the intimidation or coercion of the government or civilian population, the violation of criminal laws, and the endangerment of human life.

Scope of the Act

The act is divided into 10 sections or titles. Each section addresses specific issues, remedies, and agencies. Section 106 of Title I defines the president's powers [Page 2149]regarding international financial transactions within the U.S. jurisdiction. This was a response to the finding that the alleged 9/11 terrorists had received significant funding from outside the country. As a result of this redefinition, it has become more difficult for anyone to transfer funds across the country's borders. Banks and financial institutions must collect, retain, and report more detailed information about each transaction and its participants. These efforts have been criticized by privacy advocates and international groups as a fundamental, and possibly illegal, erosion of the privacy rights of non-U.S. citizens.

Section 104 describes another expansion of governmental authority. The attorney general may request military assistance when weapons of mass destruction (WMDs) are used within U.S. territory or against U.S. facilities. This section weakens the separation between civilian and military authority in law enforcement, as a means of improving communication and coordination between these two institutions. Similar tactics were employed during the Civil War, resulting in the Posse Comitatus Act of 1878. This measure attempted to ban the use of military forces in a civilian capacity. Section 104 appears to be one of several legislative exceptions to the 1878 act.

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