Counterterrorism Analysis: The Patriot Act and its Key Provisions

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This discussion post analyzes the USA Patriot Act of 2001, focusing on three key provisions designed to facilitate counterterrorism efforts. The assignment explores "Enhanced surveillance procedures for law enforcement," the "Roving" Surveillance provision, and the "Business and Other Tangible Records" provision. It explains how each provision functions, which government agencies are likely to utilize them, and why these provisions are considered crucial for counterterrorism. The post also references the foiled JFK Airport terror plot of 2007 as an example of the Patriot Act's effectiveness. The assignment includes citations from scholarly sources and official government sources to support its claims. The assignment provides a comprehensive overview of the Patriot Act's role in combating terrorism and the implications of its provisions on civil liberties and national security.
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Running Head: COUNTER TERRORISM
COUNTER TERRORISM
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2COUNTER TERRORISM
THE PATRIOT ACT
The USA Patriot Act 2001 was passed with immediate effect after a month of the 9/11
attacks. The World Trade Centre terrorist attacks brought extensive changes in the surveillance
of terrorist activities aimed at United States of America. The USA Patriot Act is an abbreviation
of “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001”. The Act was initially passed without much deterrence
from the opposition and was supposed to expire in 2009. The extension of the ACT in the 2009
saw greater opposition and was reenacted with few revisions (Minoz, Coyle, & Kaufman, 2002).
The three major provisions that facilitate anti terrorism and counter terrorist activities will be
discussed here.
Provision I
“Enhanced surveillance procedures for law enforcement, including amendments to the Foreign
Intelligence Surveillance Act (FISA)”.
This provision of the Patriot Act empowers the officials of the Federal government in
conducting search and surveillance of the property without any prior notice or consent of the
owner or the occupant of the property.
The "Roving" Surveillance: Provision II
The section 206 of the Patriot Act authorizes investigators to track suspected individuals
by tapping their communication devices. (telephones and cellular phones). The “Roving”
surveillance empowers them to track several communication devices used by the suspected
individual with the power of the provision and curtails the necessity of separate warrants for
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3COUNTER TERRORISM
tapping different phones every time they are changed. The provision provides a full time permit
to tap the communication devices through a single warrant. However in order to obtain a roving
warrant, specific requirements are to be met and submitted to the Foreign Intelligence
Surveillance Court for issuance of the warrant. This includes information about the suspected
individual and evidence that confirms that roving is required for surveillance of the individual.
The 'Business and Other Tangible Records’: Provision III
The section 215 of the ACT empowers the federal government to access information
regarding modes and types of business and all other tangible records of the suspected group or
individual. The provision includes records of driving licenses, phone provider records, book sale
records, and gun sale records, records of tax returns, educational records and medical records.
The act also authorizes the federal officials and the investigators to access financial records
including bank statement, and records of property. This record gives access to enormous amount
of sensitive and private information that can be of critical importance for countering terror
activities and similar other terrorist incidents.
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4COUNTER TERRORISM
Discussion II
Summarizing a Terror Plot
The JFK Airport Terror Plot: June 2007
In the June of 2007, a terror event was foiled by the federal officials, which otherwise
would have been a disastrous event post the 9/11 terror attacks. The plot was planned by Russell
Defreitas, a US citizen being native to Guyana, Abdul Kadir, Kareem Ibrahim, and Abdel Nur.
The plot was designed to blow up the jet fuel supply system of the John F. Kennedy International
Airport. The Plot, if successful could have created enormous financial and psychological
damage to the nation (Zuckerman, Bucci, & Carafano, 2013).
The plot was foiled by undercover agents of the home grown terrorist cell. The suspects
were identified and arrested and the plot was thwarted in time. Russell Defreitas was taken into
custody from Brooklyn, while the accomplices Abdul Kadir, Kareem Ibrahim, and Abdel Nur
were detained in Trinidad and extradited to the U.S. The plot was discovered by an undercover
agent and investigations began in early January when the informer started acquainting himself in
touch with Mr. Defreitas and had travelled with Guyana and Trinidad in an effort to understand
the plot and become acquainted with the convicts. The secret conversations were recorded and
later proved evidences of the plot (Rashbaum, 2018).
The suspected were found guilty on grounds of attempt to murder and terrorist activity
and were sentenced to life time imprisonment. The convicted Abdel Nur was only given a
sentence for 15 years in prison.
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References
Zuckerman, J., Bucci, S. P., & Carafano, J. J. (2013). 60 terrorist plots since 9/11: Continued
lessons in domestic counterterrorism. Heritage Foundation.
Minow, M., Coyle, K., & Kaufman, P. (2002). The USA Patriot Act. LIBRARY JOURNAL-NEW
YORK-, 127(16), 52-60.
Doyle, C. (2002, April). The USA Patriot Act: A Sketch. LIBRARY OF CONGRESS WASHINGTON
DC CONGRESSIONAL RESEARCH SERVICE.
Rashbaum, W. (2018). 4 Men Charged in Plot to Bomb Kennedy Airport. Retrieved from
https://www.nytimes.com/2007/06/02/nyregion/02cnd-plot.html
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