The Patriot Act: Eroding Privacy and Constitutional Rights

The Constitution of the United States was written over two hundred thirty years ago, in a time when technology was far from what it is today. Personal records were written on pieces of paper and computers were far from existence. Here in the early twenty-first century, most important data is kept in computer filing systems: financial information, health records, and even communication reports including web-browsing history. Since the terrorist attacks of September 11, 2001, it has been questioned if the government has the authority to compile all of this information on U.S. citizens. The passing of the USA Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) has greatly expanded the limits to which the government is able to search personal information while looking for potential terrorist suspects (Gorham-Oscilowski 626). Even though the motive behind this investigation is for the common good, this does push the boundary of the rights of unreasonable search and seizure from the Fourth Amendment and the freedoms listed in the First Amendment listed in the Bill of Rights. Pursuit of suspected terrorists is needed to protect society, but a line must be drawn to protect individuals’ civil rights and privacy; the answer is in the form of modernized laws governing the protection of personal privacy.

Prior to the terrorist attacks of 2001, the Federal Bureau of Investigation (FBI) used National Security Letters (NSLs) to access financial and communication information from the respective providers. The NSLs were originally created in 1988 through the Right to Financial Privacy Act (RFPA) and the Electronic Communications Privacy Act (ECPA), but have been expanded by various acts of congress to include information on subscribers, billing records, and consumer identifying information. “In order to obtain the requested information, the FBI had to certify that 1) the information was “relevant to an authorized foreign counterintelligence investigation,” and 2) there were specific and articulable facts giving reason to believe that the person or entity to whom the information pertains was a foreign power or an agent of a foreign power” (Gorham-Oscilowski 626-7). After the passing of the Patriot Act in 2001, the FBI has greatly expanded authority to request NSLs for any relevant cause related to preventing terrorism or intercepting foreign intelligence. This Act was created in an effort to issue NSLs in a quicker manner, so that terror related suspects could be detained prior to any acts of violence against the United States. In doing this, the Patriot Act opened the door for relaxed justification for investigations by the FBI, and allowed government to perform searches and seizures in personal information databases and surveillance procedures (627-9).

This Act has an effect on the everyday citizen in the United States. During FBI searches, much information is obtained about people that have no affiliation with terrorism acts or terrorism-related people. If someone looks suspicious, it is no problem to obtain an NSL, investigate that person’s information, and track his or her travels. There are many questions raised as to whether or not the Patriot Act violates the rights listed in the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Amendment states that a search of a person’s property must be justified by accompanying evidence, with enough validity to accuse the offender and give good reason for a search warrant (Schmidt, et al 69). With the protection from the Fourth Amendment, citizens have the protection against unwarranted searches, and should have privacy of personal information respected by the government.

The Patriot Act continues to violate the freedoms and rights listed in the Bills of Rights, including the freedoms mentioned in the First Amendment of the US Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting, the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (Schmidt, et al 69)

The freedoms of speech and assembly are common practice in society, and the courts often uphold these rights. The Patriot Act challenges this freedom by allowing searches of information simply for the suspicion of a person’s activities or contacts.

The government is intended to do what it believes is best within its power to protect the citizens of the United States, by using its means to search for terrorist activity. Some may question how many rights and freedoms Americans are willing to give up for safety from foreign powers. There is a tradeoff between freedom and safety, and the key is to find where that line is. As Lawrence Lessig introduces in his essay, “Privacy as Property,” Americans must decide whether the information like social security numbers and financial account numbers is considered personal property (126-7).

A special investigation from Frontline introduced the power that the Patriot Act has given the federal and local governments to conduct searches of information and tracking of peoples’ movements. The story covers an investigation of the FBI in Las Vegas over a New Year’s holiday when terrorist activity is suspected. The FBI conducted a search of customer information from local casinos, hotels, and businesses in order to cross-reference the data to indicate if any terrorist suspects were in the area. There were people that had all of their financial information analyzed and their movements tracked throughout the city, and had no idea this was happening (“Spying”). It is a startling to think the government has the right to conduct such extensive investigations without the public’s knowledge.

As technology advances, and more personal-information is used in web browsing, it becomes more difficult to restrict what happens to that information. The laws that govern this country must keep current with this ever-changing society and its development in the new technology era. The laws that were made in the 1700s still stand to protect citizens’ rights and freedoms, and the lawmakers today must keep these initial laws in consideration when developing new laws to govern the nation. The USA Patriot Act has taken great steps toward protecting Americans from foreign terrorist powers, but the law must not stand in the way of the Bill of Rights or the Constitution.

Biofuels: The Future of the Fuel Industry

Today there is a rush to find a replacement for petroleum use and to reduce the amount of carbon emissions into the atmosphere. This has led many in the United States, and even on a global scale, into a ‘green’ frenzy to find products that are environmentally friendly. There are several ideas on the subject ranging from new fuel types and designs for vehicles to alternate forms of travel. The automobile industry has been under strenuous criticism due to the amount of fossil fuels used and excessive amounts of carbon dioxide emissions from daily transportation. Auto makers are looking for ways to make vehicles more fuel efficient and in many cases looking for alternate designs that are less reliant, or completely eliminate the need for crude oil. Engineers, foreign and domestic, are working on auto designs that rely on energy sources of air, electricity, and organic materials. The idea of eliminating the use of crude oil is growing at a rapid pace since President Bush’s urging for new developments in the industry in a 2006 State of the Union Address. Several forms of alternate energy sources to power automobiles are being constructed in test labs; the best source of energy is biofuels, in the form of biodiesel and ethanol, which will reduce carbon emissions, create markets for new and existing agricultural practices, and reduce America’s dependency upon foreign oil.

Foreign auto makers have led the way in new technology in recent years. In France, designers at the Air Car Factories are completing a model vehicle that operates completely on compressed air. The vehicle is light weight and claims to have the capacity to function on the compression of air to engage the pistons, in place of the common combustible engine that uses gasoline (Air Car). Engineers in America are also working on new designs for electric cars. Tesla Motors is one company working on designs for electric cars that perform at speeds comparable to those of regular gas powered vehicles, and can last up to 200 miles on one charge (Tesla). These cars are still far from realistic market production because of costs of production and replacement of battery packs.

Biofuel production is gaining speed and popularity in many countries with the United States and Brazil taking the lead in ethanol manufacturing in 2006; combining to produce 69% of the world’s ethanol supply (de Vera 665). Many organic sources contribute to the production of biofuels; grain and seed crops, grasses, and even many organic materials found in landfills. Biofuels have an advantage over fuel sources originating from fossil fuels in that they are more carbon neutral. The plants used for biofuels remove carbon from the atmosphere during production and release less into the air when burned (Wikipedia). The production of biofuels will lead to research of new varieties of plants that will be much more efficient on lands unsuited for food crops. Using biofuels also reduces the dependency on foreign fuel sources, because the crops can be grown locally and are renewable resources.

Ethanol is a type of biofuel that is produced using plants high in starches or sugars in a process of yeast fermentation, resulting in ethyl alcohol. Materials high in cellulose, such as wood and paper products, can be used to produce cellulosic ethanol. Ethanol is currently used in vehicles in a 10% mixture with gasoline, but can be found in a mixture up to 15% (Wikipedia). Ethanol made from corn is the most common present day form, but corn is also a major feedstuff for ruminant animal production (Thompson 190). The competition for the grain has resulted in a major price jump in recent months in corn futures prices, but research is gaining ground in finding new crops to be used for the fuel production.

Scientists are now discovering plants that are not used as feedstuff make a better source for ethanol production and do not have the competition for food from consumers. Switchgrass, which is native to the central plains states, contains sufficient available starches for cellulose ethanol production and produces sufficient energy to justify the use for ethanol. The crop reduces the amount of carbon dioxide in the air during production resulting in a negative net carbon emission. The crop requires little water and minor soil nutrients compared to that required of corn production; which makes it an ideal crop for land unsuitable for other uses (Biofuel-Switchgrass).

Biodiesel, or fatty acid methyl (or ethyl) ester, is another form of biofuels. Biodiesel is made from feedstocks that contain high amounts of vegetable oil, such as animal fat, soybean, algae, or jatropha. A process of transesterification is used to convert these products into biodiesel. The process results in one part glycerol to ten parts biodiesel. Biodiesel is very similar to diesel made from mineral sources and can easily be used in current diesel engines with little or no alteration to the engine. A 20% blend, B20, is used in several diesel engines in this country; although a full blend fuel of biodiesel, B100, is being used in some foreign countries. Biodiesel greatly reduces the amount of carbon emission in the atmosphere, by as much as a 50% reduction compared to that of petroleum diesel (Biodiesel).

The sources of biodiesel are commonly used feedstocks which cause a competition for land and products. Research is beginning to look into a new crop, jatropha, which is very sustainable in more tropical climates, especially in those of developing nations. The jatropha plant is similar to the muscadine and produces seeds that contain oil used in the production of biofuels. The plant can be grown as a companion crop on many farms or on land that is not suitable for many other crops (Boyd 55-56). Hybrid varieties of other crops are also being developed to produce varieties to produce the most amount of oil from a single crop.

Biofuels are not relatively new to this country; however, the application of mass production for use as a major fuel source is a new concept. There are still many questions to be asked about the efficacy and sustainability of biofuels as a primary fuel source, but much more funding is finding its way to the research for crops to produce biofuel. This will bring new opportunities to the agriculture industry, especially in places not suited for food crops. As new and more efficient sources for both ethanol and biodiesel are found, it will become easier to propose biofuels as the best source of alternative energy to reduce carbon emissions, create markets for new and existing agricultural practices, and reduce America’s dependency upon foreign oil.