Chapter 17 Law and Terrorism. Introduction: The terror attacks of 9-11 change America

Chapter 17

Law and TerrorismLaw and Terrorism

Introduction:Introduction:

The terror attacks of 9-11 change America

Introduction:Introduction:

The terror attacks of 9-11 change America– President Bush/Congress passed laws &

policies to respond to the threat of terror

Introduction:Introduction:

The terror attacks of 9-11 change America– President Bush/Congress passed laws &

policies to respond to the threat of terror– CIA, FBI, other agencies have become

involved in the “War on Terror”

Introduction:Introduction:

The terror attacks of 9-11 change America– President Bush/Congress passed laws &

policies to respond to the threat of terror– CIA, FBI, other agencies have become

involved in the “War on Terror”• Civil liberties groups have challenged many of

these acts and Presidential actions

Introduction:Introduction:

The terror attacks of 9-11 change America– President Bush/Congress passed laws &

policies to respond to the threat of terror– CIA, FBI, other agencies have become

involved in the “War on Terror”• Civil liberties groups have challenged many of

these acts and Presidential actions• Sometimes in a free society, things get a bit

messy

I. The Law in times of WarI. The Law in times of War– USA Patriot Act (2001); intended to combat

terrorism by tracing the sources of money that fund terrorism

I. The Law in times of WarI. The Law in times of War– USA Patriot Act (2001); intended to combat

terrorism by tracing the sources of money that fund terrorism

• finding and detaining terrorists

I. The Law in times of WarI. The Law in times of War– USA Patriot Act (2001); intended to combat

terrorism by tracing the sources of money that fund terrorism

• finding and detaining terrorists• intercepting communications among terrorist

groups

I. The Law in times of WarI. The Law in times of War– USA Patriot Act (2001); intended to combat

terrorism by tracing the sources of money that fund terrorism

• finding and detaining terrorists• intercepting communications among terrorist

groups– Expanded the power of the CIA, FBI,

Department of Justice

I. The Law in times of WarI. The Law in times of War– USA Patriot Act (2001); intended to combat

terrorism by tracing the sources of money that fund terrorism

• finding and detaining terrorists• intercepting communications among terrorist

groups– Expanded the power of the CIA, FBI,

Department of Justice• enabled agencies to track communications on the

internet, install phone/computer wiretaps, access personal, medical, financial information

– Patriot Act raised certain questions

– Patriot Act raised certain questions– How much freedom are we willing to give up

in return for increased security?

– Patriot Act raised certain questions– How much freedom are we willing to give up

in return for increased security?– Does the Patriot Act infringe on civil rights

guaranteed in the Constitution?

– Patriot Act raised certain questions– How much freedom are we willing to give up

in return for increased security?– Does the Patriot Act infringe on civil rights

guaranteed in the Constitution?• Civil War; Lincoln suspends writ of habeas corpus

– Patriot Act raised certain questions– How much freedom are we willing to give up

in return for increased security?– Does the Patriot Act infringe on civil rights

guaranteed in the Constitution?• Civil War; Lincoln suspends writ of habeas corpus• WWII, Japanese are interred as war fears rise

– Patriot Act raised certain questions– How much freedom are we willing to give up

in return for increased security?– Does the Patriot Act infringe on civil rights

guaranteed in the Constitution?• Civil War; Lincoln suspends writ of habeas corpus• WWII, Japanese are interred as war fears rise• WWI, US restricts American’s free speech and

forbids criticizing US government

Questions for you…– Is the war on terrorism similar to other wars

when rights have been restricted? How is it different?

– Assume you were the President on 9-11, What special powers would you want?

– Assume you were the leader of a civil liberties organization. What civil rights would you fight hardest to protect?

II. Surveillance and SearchesII. Surveillance and Searches– Since 9-11, US has more power to conduct

searches and surveillance

II. Surveillance and SearchesII. Surveillance and Searches– Since 9-11, US has more power to conduct

searches and surveillance• Passengers in airports subject to more detailed

searches

II. Surveillance and SearchesII. Surveillance and Searches– Since 9-11, US has more power to conduct

searches and surveillance• Passengers in airports subject to more detailed

searches• broader power to intercept Internet/phone

communications it believes to be engaged in terror related activities

– Foreign Intelligence Surveillance Act Court• Everything is kept secret

– Foreign Intelligence Surveillance Act Court• Everything is kept secret• can authorize wire taps, even if there isn’t probable

cause

– Foreign Intelligence Surveillance Act Court• Everything is kept secret• can authorize wire taps, even if there isn’t probable

cause• Originally set up in 1978 to gather foreign intelligence -

not for domestic crimes

– Foreign Intelligence Surveillance Act Court• Everything is kept secret• can authorize wire taps, even if there isn’t probable

cause• Originally set up in 1978 to gather foreign intelligence -

not for domestic crimes• Supreme Court has ruled evidence gathered as a

result of this court’s authorization to be used in criminal trials

– Foreign Intelligence Surveillance Act Court• Everything is kept secret• can authorize wire taps, even if there isn’t probable

cause• Originally set up in 1978 to gather foreign intelligence -

not for domestic crimes• Supreme Court has ruled evidence gathered as a

result of this court’s authorization to be used in criminal trials

• In some cases (under the Patriot Act) the government can postpone notifying people whose premises has been searched until after the search

Problem 17-3Problem 17-3– On a scale of 1 to 5 (1=strongly agree),

indicate where you stand on the following– “In a time of heightened concern about domestic

terrorism and national security, the government should be allowed to do whatever it believes is necessary to uncover and arrest terrorists

– Same scale, answer the following…• Look at everyone’s email at work…home• Install surveillance cameras on the street• Check travel records of people coming into the

country

The EndThe EndChapter 17, part 1