In 2001, as a measure of security and safety following the 9/11 attacks, President Bush with the approval of the 107th Congress passed the 2001 USA PATRIOT ACT. USA PATRIOT Act is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, but it is better known as simply the Patriot Act. While the purpose of the act is to intercept and counter terrorist threats both foreign and domestic, its' legality, effectiveness, and use has become a heavy debate topic among members of congress and the American people. Many people believe that the Patriot Acts provisions allowing unwarranted wire tapping on its' own citizens is a direct violation of the American people's privacy and freedoms. Other argue that the Patriot Act is the first line of defense in keeping the American people safe from attacks committed by terrorists both at home and abroad.

Those who argue that the USA PATRIOT Act has been a staple in keeping Americans free from argue, would cite the arrest of America born terrorist Jefferey Leon Battle in 2002. When the Department of Homeland Security became suspicious of Battle's activities, they requested and were granted a wiretap from the Department of Justice under the provisions of the Patriot Act. Thanks to the wiretap allowed by the act, Homeland Security officials recorded Battle calling Americans unbelievers and pigs. A conversion regarding Battle's plans to join the ranks of Al-Qaeda and becoming an Islamic martyr were also detected in the recorded conversation. Aspects of the conversation present evidence that Battle planned on centralizing attacks at synagogues and on the Israeli and Jewish community in America. Battle is quoted as saying "If every time the Israelites hurt or harm a Muslim over there (In Palestine) you go into a synagogue and hurt one over here, okay, they're going to say 'Wait a minute we got to stop, we're seeing a connection here.' Okay" (Jeffrey). After closely monitoring Battle's activity for the next few weeks, the Department of Homeland Security issued a warrant for his arrest for attempting to wage war against the United States. Jefferey Leon Battle was tried and convicted, and is now serving time in a federal prison. After he was convicted, Battle said in a later interview "We were willing to murder at least 100 or 1,000 of them, big numbers" (Jeffrey). Because of the USA PATRIOT Act, thousands of American lives were perhaps saved.

The government began to monitor Battle under the Patriot Act when they were tipped off by an electronic trail left by Battle that connected him to an American terror ring known as the Squad of Death. A wiring of money sent to Afghanistan from Portland, Oregon by Squad of Death members to Al-Qaeda commanders to help aid in their war against the "unbelieving" Americans, caught the eye of the Department of Homeland Security. Due in part to the provisions allowed under the USA PATRIOT Act, the DHS was able to monitor the activity of Battle, and all Squad of Death members. In this scenario, the Patriot Act not only saved the lives of Americans at home, but also those of American soldiers overseas.

Those who are using technology in their attempts to harm the American people, pose one of the most dangerous threats to our nation. Technological warfare is still fairly new. However, the government has an inside track in countering technological warfare with the provisions that the Patriot Act allows. "Wire and electronic communications relating to terrorism and the use of chemical weapons were added as felonies and they too, may be intercepted" (Ebenger, p.49). In one instance an interception of e-mails prevented a serious threat against the United States and it's people. "In 2002, the Department of Homeland Security foiled an attempt by affluent software engineer Maher 'Mike' Hawash to aid Squad of Death members who were overseas trying to make their way into Pakistan so they could join the forces of Al-Qaeda" (Jeffrey). In order to get the border guards to grant members of the Squad of Death entry into Pakistan, Hawash was supposed to wire the guards a payment of somewhere between 2,000 and 6,000 dollars. The details of the payment, and process in which the Squad of Death would enter Pakistan were discussed in depth in e-mails sent between Hawash and one of the guards. The Department of Homeland Security intercepted these e-mails and they were able to freeze Hawash's back account and all his assets before any transfer of money could be made. Within hours, an arrest was made, and eventually Hawash pled guilty to two counts of conspiracy as well as attempting to wage war on the United States.

Even in a fictional universe, the Patriot Act is able to counter terrorist attacks. In the Showtime series "Homeland", the CIA uses video surveillance and phone taps to monitor the activities of Sergeant Nicholas Brody. Brody believed by many to be a war hero who endured eight years as a POW, is actually a turned American who is now working as a domestic terrorist for Al-Qaeda. After monitoring him for some time, the CIA learns that Brody is planning on detonating a bomb while in a bunker with many Senators and Congressman inside. However, since the CIA is aware of the plan, Carrie Mathison, the agent assigned to Brody's case calls his daughter Dana. Dana is told what her father is about to do, and calls him to convince him not to do it, thus saving hundreds of lives. ("Marine One").

In the last decade the Patriot Act has helped save many lives, however on occasion it has also been used wrongfully. Since the Patriot Act was passed in 2001, the Department of Justice has been taking advantage of the law's provision allowing unwarranted wiretaps. The DOJ has wiretapped and monitored people who they suspect in criminal cases that are not terrorist related. "The Department of Justice requested and won approval of 1,754 wiretaps in 2004, following 1,724 granted requests in 2003" (Barr).

In 2008 the Patriot Act was on the floor of Congress, awaiting a vote on weather or not the law would be renewed back into action. Many lawmakers argued against the bill granting even more government access to personal records, which would include the DNA history, financial records, and purchase history of anyone who was a suspected domestic terrorist. "It might also include protesters, or anyone else the government dislikes. Remember, the original USA PATRIOT Act defined the new crime of 'domestic terrorism' broadly, to encompass 'any action that endangers human life that is a violation of any federal or state law'" (Ramasastry, p.8). While debating the act, Congressman Bob Barr from Georgia said, "The Bush administration has repeatedly stated its intention to expand the USA PATRIOT Act, and has floated various pieces of legislation that would do so" (Barr). The argument that President Bush abused his power under the Patriot Act is not an uncommon one, "Bush relied on White House advisers and legal interpretations by the Department of Justice's Office of Legal Counsel (OLC) to bolster his presidential powers under Article II of the Constitution and expand them unilaterally" (Banks, p.7). Congressman Barr also stated his belief that the Patriot Act was ineffective. Barr argued, that the Patriot Act was yet to prevent a domestic terrorist attack, citing the Squad of Death's attempt as more of a foreign threat. However Barr also said "I grant we have not suffered another major terrorist attack since 9/11" (Barr).

One could also look to the Boston Bombings as a more recent example of the Patriot Act's ineffectiveness. The Department of Homeland Security failed to counter an attack at the Boston Marathon that was carried out by two domestic terrorists. Congressman Peter King of New York, Head of the House Security Committee, said there was "no intelligence that seemed to be out there the indicated something like this was planned to take place" (Muskal). However a more in depth investigation, revealed that the two men had taken part in a great deal of suspicious activity involving travels and money transfers that the government failed to pick up on.

Another argument that is made in support of the repealing or amending of the Patriot Act is whom the government deems a terrorist group. A provision in the first renewal of the Patriot Act allows those who are involved in any domestic terrorist activity, weather it is knowingly or unknowingly can be deported and stripped of their citizenship. "Suppose you, as a citizen, attended a legal protest for which one of the hosts, unbeknownst to you, is an organization the government has listed as terrorist. Under Patriot II, you may be deported and no longer deemed an American citizen" (Ramasastry, p.11).

The Patriot Act was signed back into effect through at least 2015, in May of 2011. "President Barack Obama signed legislation Thursday evening extending several key provisions of the Patriot Act" (Cohen). The bill will resurface on the floor of Congress this upcoming May for renewal. With the current threat of ISIS growing, many believe members of the Islamic fundamentalist group have found their way into America. This has prompted many citizens and lawmakers to not only renew the bill, but further expand its provisions. One of those lawmakers who believes this is Texas Senator Ted Cruz. In a press conference announcing his intent to put expanded provisions in the proposed renewal of the Patriot Act Cruz said, "If we do not pass this legislation, the consequence will be that Americans fighting alongside ISIS today may come home tomorrow with a U.S. passport, may come home to New York or Los Angeles or Houston or Chicago and innocent Americans may be murdered if the Senate does not act today" (Sherfinski). In fact, the United States are not the only ones taking preemptive strikes against domestic threats from ISIS. The European Union, at the proposal by the United Kingdom, is drafting it's own version of the Patriot Act to ward of domestic threats from ISIS. Europe's counter terrorism law includes language that is fairly similar to that of the United States. "The U.S. surveillance laws were the predecessor to European legislation. Section 215 of the Patriot Act, which was passed on October 26, 2001 to define the legislative framework for the war on terrorism, established that the collection and surveillance of communications could be made for a limited period of time without a warrant or court order" (Paye, p.128).

Despite its flaws, the Patriot Act should be signed back into effect. After the 9/11 attacks, the government should get the full vow of confidence from the American people to do whatever is necessary to keep the nation safe. People often forget that in the immediate years following the 9/11 attacks the strong majority of the country was in favor of the 2001 USA PATRIOT Act. However, as time goes by our fears fade and we tend to forget that we do indeed have enemies both at home and abroad. It is unfortunate, but it is true there are people out there with intent to do us harm. As Americans, the last three or four generations have been lucky to live in this country for so long, without having to worry about a war being fought on American soil. However as ISIS progresses into western nations, such as America, the proper precautions must be taken in making sure that all future generations to come will never see a war fought on American soil. The late Senator Robert F. Kennedy once said, "What we need in the United States is not violence and lawlessness, but is love and wisdom, and compassion toward one another, and a feeling of justice toward those who still suffer within our country." As the Attorney General, RFK granted wiretaps himself on those suspected of being involved in organize crime. The war on terror and the war on organized crime are certainly very different from each other, however there is one way that they are similar, in which we don't know who the enemy is. In the past when the United States has fought in wars, the enemy was always clear-cut. The American Army was fighting against the British Army, The German Army, or the Korean Army. It was war between the militaries of nations, not its people. It's a sad fact that American civilians are put at risk as the war on terror continues, but we have the means to do whatever it is to keep the American people safe. If that includes leaving the option for the government to tap into e-mail and phone records so be it. The majority of Americans have nothing to hide and the country can feel safer knowing that the government has eyes and ears on those who do have something to hide. The American people are surely better off safe than sorry. Congress will continue to debate the reauthorization of the Patriot Act in the coming year. Regardless of methods or tactics, at its heart the Patriot Act is only to trying to keep Americans safe.
