The USA PATRIOT Act is a piece of legislation that was formulated in the wake of the events of September 11 to counter activities of terrorism in America. Basically, this Act gives federal agents as well as local law enforcement discretionary powers to investigate cases of suspected terrorist activities within the United States. The major purpose for the formulation of the USA PATRIOT Act is to bypass any due process as well as to break barriers of regulatory policies between law enforcement agencies. However, this law has been facing a lot of criticisms for blatant violation of civil rights and freedoms of the American people.
On March 5, 2009, sixteen-year-old Ashton Lundeby was arrested and detained by security agents using the USA PATRIOT Act for suspicion of involvement in activities related to terrorism. The security agents believed that Lundeby had made a bomb threat from his home barely a month before his arrest. This situation was classified a USA PATRIOT Act case because of the nature of the threat as well as the significant danger that the threat posed to American lives. The USA PATRIOT Act was formulated for situations like this. In this case, the suspicion of a young teenage boy being involved in bomb-making activities was sufficient probable cause to make arrests hence preventing potential catastrophic events. In doing so, the government was able to preserve American lives and neutralize a potential bomb threat. In the wake of many targeted terrorist attacks on the American people, United States security agencies cannot afford to be complacent when dealing with suspicions of threats to national security. The case of Ashton Lundeby should be rightly interpreted as a USA PATRIOT Act case because of the nature of the criminal complaint made against the teenager. It is by correctly utilizing this Act that the security agents shall be able to protect the lives of Americans effectively.
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There is a delicate balance between the protection of human lives and the safeguarding of traditional civil rights and freedoms. This balance is always called into question whenever security agencies use the USA PATRIOT Act for surveillance, investigation, and detention of Americans. In a free and open society, it is always important for governments to ensure that the civil rights of all citizens are safeguarded. However, with the ever-evolving threat of terrorism and other related criminal activities, safeguarding of human life can be argued to take precedence over a number of civil liberties. These reasons make it extremely difficult to strike the appropriate balance between security and freedom.
One of the ways that the protection of the population and traditional civil rights can be balanced is by ensuring prudent use of the USA PATRIOT Act. United States security agencies should always ensure that they use the Act as a tool of last resort after exhausting all the other conventional methods in the prevention of crimes. This strategy will not only ensure that there are few cases of civil rights violations, but also improve efficiency in providing security to the population.
Advances in the information and technology sector have made it easy for security agencies to keep tabs on persons of interest by the use of technological surveillance tools. The USA PATRIOT Act allows federal agents and other law enforcement officers to use surveillance tools on American citizens. Such devices can show and locate the specific origin of a crime, as was the case with Ashton Lundeby. Since terrorists have been known to use communication technology to plan and coordinate their activities around the world, it is vital for security agencies to fight such crimes using technology.
When technology specifies the exact location where a crime originated, it serves as sufficient evidence to conduct a raid, especially when the nature of the crime poses a threat to human lives. In this case, technology was used to determine the occurrence of a bomb threat at an identified location, hence justifying the raid. Ignoring or delaying to act on a bomb threat can cause irreparable damage to human life and property.
As much as it is the responsibility of any government to protect the civil liberties of its population, the need for security against terrorism cannot be wished away. For a long time now, The USA PATRIOT Act has faced heavy criticism, especially for violations of civil liberties protected by the constitution. Even though this law enables swift action on suspicious criminal activities, some changes can be made to ensure that it is compatible with the expectations of many citizens.
Since there are possibilities of federal agents abusing the USA PATRIOT Act by going too far in its implementation, it is necessary to provide room for appropriate checks and balances. Furthermore, the USA PATRIOT Act should not strip an individual of all civil rights and freedoms, as seen with the case of Ashton Lundeby. A provision should be made for individuals arrested under this Act to launch their defenses and access their attorneys. These changes would not only still make the USA PATRIOT Act efficient but also address some of the civil rights issues raised about the Act (Said, 2015).
Reference
Said, W. E. (2015). Crimes of terror: The legal and political implications of federal terrorism
prosecutions . New York, NY: Oxford University Press
