The Patriot Act

Recovery workers surrounded by debris following the attacks

In the wake of 9/11, many Americans worried about the future and their safety.  The government's role was to keep a nation secure, and 9/11 was a massive breach of national security.  As a result, the Bush administration asked Congress for new powers to combat terrorism.  Only 45 days after the events of 9/11, Congress passed the USA Patriot Act.

George W. Bush renewing the Patriot Act in 2006

The USA Patriot Act loosened many restrictions on US law enforcement agencies concerning intelligence gathering.  Although many Americans wanted to improve their national security, they were also wary of how this act impacted their constitutional rights.

One of the most controversial sections concerned privacy rights covered by the Fourth Amendment.  The Fourth Amendment protected ciitizens from unreasonable searches and seizures.  It applied to "persons, houses, papers, and effects," which included modern communications devices.  This meant federal agents couldn't place wiretaps on telephones without a search warrant.  The Patriot Act allowed federal agents to obtain a single warrant for tapping all phones a suspect uses - a "roving wiretap." 

Under the Patriot Act, agents with a warrant could search a suspect's home or business in secret.  They could also use a National Security Letter (NSL) to acquire personal records from a number of sources, including banks, phone companies, credit agencies, and Internet providers.  Previously, the FBI could only issue a NSL when investigating a foreign power or its spies.

A poster by the ACLU that accompanied an article on the
Patriot Act

The extensions of government power under the Patriot Act were considered necessary to prevent additional terrorist attacks.  Some felt that the privileges granted to law enforcement agencies were too prone to abuse.  For example, National Security Letters can be used to invade a person's privacy - billions of records have been accessed since 9/11, many generated by law-abiding US citizens.  Roving wiretaps can easily violate the privacy rights of someone unknowingly in contact with a suspected terrorist.

In the wake of 9/11, it was necessary to improve national security measures.  9/11 undermined America and her position as the strongest nation in the world.  Americans no longer felt safe in their own country.  It raised many debates about how to balance our founding ideals of equality and liberty with our desire and security, many of which are still relevant today.