ESSAY ON THE AMERICAS

 

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Essay on Patriot Act vs. Constitutional Model

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Essay on Patriot Act vs. Constitutional Model

Patriot Act
The new law, known as the USA Patriot Act, reaches into every space that Americans once imagined was private. For instance, police can now obtain court orders to conduct so called "sneak and peak" searches of homes and offices. This allows them to break in, examine and remove or alter items without immediately, if ever, presenting owners with a warrant detailing what they were entitled to do and where.

The Patriot Act substantially changes the law with respect to law enforcement access to information about computer use including Web surfing. Reaching for an analogy from the old rotary dialed telephone system, the Act extends provisions written to authorize installation of pen registers and trap and trace devices, which record outgoing and incoming phone numbers, to authorize the installation of devices to record all computer routing, addressing, and signaling information. The government can get this information with a mere certification that the information likely to be obtained is relevant to an ongoing criminal investigation (Alphonse, 2003).

This seismic shift in the government's power of search and seizure also extends to the examination of records. Authorities can browse medical, financial, educational or even library records without showing evidence of a crime. The law overrides existing state and federal privacy laws if the FBI claims that the information is connected to an intelligence investigation.

In addition, credit reporting firms like Equifax must disclose to the FBI any information that agents request in connection with a terrorist investigation, without the need for a court order. In the past, this was only permitted in espionage cases.

Biometric technology, such as fingerprint readers or iris scanners, will become part of an "integrated entry and exit data system" to identify visa holders entering the United States. Face recognition technology is now being installed in several U.S. airports............

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