U.S. District Judge Declares USA PATRIOT Act Unconstitutional
This is only related to computer or information security in a very tentative way, but I still think it is an important topic. I have always had a particular disdain for the USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act. For one thing, the very acronym it is named for is offensive and debatable. I would disagree that there is anything “uniting” or “strengthening” about subverting the Bill of Rights, and I would argue that the tools provided are far from “appropriate”. But, “Destroying and Subverting America by Imposing Inappropriate Tools to Further Our Imperialistic Aims” doesn’t work as well as an acronym (DSA IITFOIA??).
Thankfully, I am not the only one who didn’t drink the proverbial kool-aid. This week, US District Judge Ann Aiken sided against the Bush regime’s draconian policy and declared the USA PATRIOT Act unconstitutional. In her decision, Aiken stated “For over 200 years, this nation has adhered to the rule of law — with unparalleled success. A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised.” Despite the debate that has gone on since the USA PATRIOT Act was forced through, with little or no review or discussion, on the coat tails of the attack on 9/11, and the feeble efforts at trying to repeal it, or at least parts of it, the USA PATRIOT Act lives on.
The saddest part, really, is that this regime has gotten where it is only by ignoring, subverting, and standing on the shredded remnants of the Constitution. They have demonstrated a blatant contempt for the Legislative and Judicial branches of our government, and ignorance or disregard for democracy and the checks and balances inherent in our system of government. The USA PATRIOT Act is only one small example of the actions and decisions made by the Bush / Cheney administration which slither in the shadows on the border of democracy and our Constitution.
For what? To fight terrorism? I don’t think so. The actions taken by this administration are, at best, a smoke and mirrors defense against any future attacks. The actions of this administration strip away the rights of citizens and create a virtual police state while hiding behind the facade of National Security. I will wrap this up with the words of Benjamin Franklin that should ring in every American citizen’s ears: “They who would give up an essential liberty for temporary security, deserve neither liberty or security.”
October 5th, 2007 at 5:47 pm
I happy to see there has been some action in addressing the unconstitutionality of the “Patriot Act”, This article mixes fact and opinion in a way that I find unacceptable. In the future please separate fact from opinion in a clear, unambiguous format.
October 5th, 2007 at 5:56 pm
I appreciate there are different points of view on our current “leadership”. However, with all due respect, this is my blog on my site. The whole point of establishing such a thing is to express my opinion. For facts about the USA PATRIOT Act, I would suggest reading the Act itself, or referring to an actual news source like Fox News- oh wait! They don’t know how to separate opinion from fact either. In all seriousness, I do want readers to visit this site for news and information- particularly related to information security, but find it difficult to contain my extreme disdain for the current administration and the slimy way they conduct themselves. They don’t violate the Geneva Convention rights of prisoners-of-war, because, although they have deemed this the “War on Terrorism”, they have renamed the prisoners to “enemy combatants”. They don’t torture the enemy combatants. Of course the United States is above torture. They simply use painfully coercive methods of physically extracting information from non-cooperative enemy combatants. The Bill of Rights, the Geneva Convention, the sanctity of the Judicial branch and the checks and balances inherent in our government- all of those are just silly things used by weak-willed individuals and can’t be expected to restrain an administration that is so sure they know what is best for everyone no matter how much they protest to the contrary. He is “The Decider” after all.
October 5th, 2007 at 7:58 pm
i didn’t vote for mr bush the first time. nor did i the second time. i have always felt this person did things “his” way (and or cheneys way), with little or no regard for the constitution, the people it serves or anyone else. this is a dangerous man, and i am SO glad there is no possibility of a third term….dewey
October 10th, 2007 at 6:23 pm
like the site but…
Seems like bush derangement syndrome is at work. especially among security experts. Like there should be an information wall in law enforcement in matters of terror. has anyone hear even read the patriot act??? has anyone documented a single abuse? unfortunately this is all emotionalism.
October 10th, 2007 at 6:24 pm
I forgot that terrorists abide the geneva conventions.
October 10th, 2007 at 6:49 pm
The terrorists may not abide by the Geneva Convention, but A) they did not sign the agreement to begin with, and B) are we now so low on the food chain that we are using fringe lunatic wackos as our moral barometer for what is acceptable?
I am not familiar with BDS- are there documented symptoms? Is it similar to the symptoms where otherwise seemingly intelligent and logical people buy every line of crap the White House spews without thought? I think some of the suicide bombers question their own faith more than the lemmings who regurgitate whatever sound bites they heard from O’Reilly or Coulter question this administration.
Have you read the USA PATRIOT Act? Admittedly, I have not read it cover to cover. I have read it enough though. Here is a sad fact- the majority of our elected officials who voted to pass the Act to begin with did not read it first. They were passing the “idea” of tightening security in the wake of 9/11 without reading the Act to see just what they were giving up.
The abuses resulting from the PATRIOT Act are too many to enumerate in a blog post comment. The issue of indefinitely detaining “enemy combatants” or “persons of interest” without charging them with a crime, providing legal counsel, or allowing them a trial by a jury of their peers stands out as a serious abuse. The administration’s attempt to circumvent the legal system with military tribunals was declared unconstitutional. Ignoring the 4th amendment and eavesdropping on the communications of law-abiding citizens is another abuse.
Don’t get me wrong- I agree that my post is emotional. I find the whole issue quite passionate and I wish more people would. I don’t plan on digressing into politics much, if at all. It is not the focus of the site. Besides, the debate over the Bush administration is like a debate over religion. Both sides have already made up their minds and nothing constructive comes out of the debate. No amount of logic or evidence sways the faithful.