HUMN432 Presentation Privacy vs. Patriot Act Presented by: Aaron Hurt Deanna Young William Smith Neil Capra

Quick Facts on the Patriot Act Passed nearly unanimouslyPassed nearly unanimously –98:1 Senate –357:66 House Pushed through approximately 1 month after attack on the Twin TowersPushed through approximately 1 month after attack on the Twin Towers –October 26, 2001 Approximately 132 pagesApproximately 132 pages

Legislative Timeline October 23/24, 2001October 23/24, 2001 –Considered passed in The House of Representatives October 25, 2001October 25, 2001 –Considered passed in The Senate October 26, 2001October 26, 2001 –President George W. Bush signed into law

New Legal Privileges Roving wire tapsRoving wire taps Delayed notification of search warrantsDelayed notification of search warrants Federal agents to request business records in a national security ‘terrorist case’Federal agents to request business records in a national security ‘terrorist case’ Normally ordered through grand jury. Federal judges now given same jurisdictionNormally ordered through grand jury. Federal judges now given same jurisdiction

Privileges Continued Allows for ‘connecting the dots’ detective workAllows for ‘connecting the dots’ detective work May be updated for new technologies and new threatsMay be updated for new technologies and new threats Search warrant granted for any district terrorist activity occurred (non jurisdictional)Search warrant granted for any district terrorist activity occurred (non jurisdictional) Computer crimes now equal to physical crimesComputer crimes now equal to physical crimes

Increased Penalties Prohibits the harboring of terroristsProhibits the harboring of terrorists –Knowingly housing an individual who have committed or are about to commit a terrorist offense Destruction of aircraft, use of nuclear/chemical/biological weaponsDestruction of aircraft, use of nuclear/chemical/biological weapons Enhanced maximum penalties for crimes likely to be committed by terroristsEnhanced maximum penalties for crimes likely to be committed by terrorists –Arson, destruction of energy facilities, national defense materials Enhanced number of Conspiracy penaltiesEnhanced number of Conspiracy penalties –Sentence extended past previous 5 year limit up to judges discretion Terrorist attacks on mass transit systems/bio-terroristsTerrorist attacks on mass transit systems/bio-terrorists

Department of Homeland Security (DHS) Created by President George W. BushCreated by President George W. Bush –September 20 th, 2001 by executive order Fiscal budget increased by 10%Fiscal budget increased by 10% –40.2 Billion dollar total departmental budget ComponentsComponents –Border and Transportation Security –Emergency Preparedness and Response –Information Analysis and Infrastructure Protection –Management –Coast Guard –Secret Service –Citizenship and Immigration Services –Inspector General As of February 24, 2004 there are 290 positions available in the United StatesAs of February 24, 2004 there are 290 positions available in the United States

Department of Justice (DOJ) Created in 1870 by President GrantCreated in 1870 by President Grant –Attorney General Amos T. Ackerman 23.3 Billion dollar budget for Billion dollar budget for 2004 ComponentsComponents –American Indian and Alaska Native Affairs Desk (OJP) –Antitrust Division –Asset Forfeiture Program –Attorney General –Bureau of Alcohol, Tobacco, Firearms, and Explosives –Bureau of Justice Assistance (OJP) –Bureau of Justice Statistics (OJP) –Civil Division –Civil Rights Division –Community Dispute Resolution (OJP) –Community Oriented Policing Services - COPS –Community Relations Service –Criminal Division –Diversion Control Program (DEA)

Components Continued –Drug Enforcement Administration –Environment and Natural Resources Division –Executive Office for Immigration Review –Executive Office for U.S. Attorneys –Executive Office for U.S. Trustees –Executive Office for Weed and Seed (OJP) –Federal Bureau of Investigation –Federal Bureau of Prisons –Foreign Claims Settlement Commission of the United States Immigration and Naturalization Service - now part of the Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS)Immigration and Naturalization Service - now part of the Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) Bureau of Customs and Border Protection (BCBP)Bureau of Customs and Border Protection (BCBP) Bureau of Immigration and Customs Enforcement (ICE)Bureau of Immigration and Customs Enforcement (ICE) Office of Immigration StatisticsOffice of Immigration Statistics –INTERPOL -- U.S. National Central Bureau –Justice Management Division

Components Continued –National Criminal Justice Reference Service (OJP) –National Drug Intelligence Center –National Institute of Corrections (FBOP) –National Institute of Justice (OJP) –Office of the Associate Attorney General –Office of the Attorney General –Office of Attorney Recruitment and Management –Office of the Deputy Attorney General –Office of Dispute Resolution –Office for Domestic Preparedness - now part of the Department of Homeland Security –Office of the Federal Detention Trustee –Office of Information and Privacy –Office of the Inspector General –Office of Intelligence Policy and Review –Office of Intergovernmental and Public Liaison –Office of Justice Programs –Office of Juvenile Justice and Delinquency Prevention (OJP)

Components Continued –Office of Legal Counsel –Office of Legal Policy –Office of Legislative Affairs –Office of the Ombudsperson –Office of the Pardon Attorney –Office of the Police Corps and Law Enforcement Education (OJP) –Office of Professional Responsibility –Office of Public Affairs –Office of the Solicitor General –Office of Tribal Justice –Office for Victims of Crime (OJP) –Office on Violence Against Women –Professional Responsibility Advisory Office –Tax Division –U.S. Attorneys –U.S. Marshals Service –U.S. Parole Commission –U.S. Trustee Program

DOJ Organization Chart

New Technologies CarnivoreCarnivore –Renamed DCS1000 –Allows wiretaps on communications that go through Internet Service Providers (ISP) EchelonEchelon –Worldwide surveillance satellite system Monitors calls listening for key words/phrasesMonitors calls listening for key words/phrases –bomb, kill the president, nerve gas, etc… Joint Automated Booking System (JABS)Joint Automated Booking System (JABS) –

END OF PRESENTATION QUESTIONS WELCOME!