by Brandon Michael Davis

Created on: June 15, 2007   Last Updated: January 09, 2012

The Patriot Act was created in the wake of the September 11, 2001 terrorist attacks as a response to the United States’ evident need for better counterterrorism tools. The overarching purpose for the Patriot Act is most simply revealed through its name, an acronym for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.”

In other words, the purpose of this act is to provide the federal government with the resources and authority necessary to detect and thwart terror plots and to prosecute those involved.

But this act has stirred up controversy among some politicians and civil liberties groups who see the Patriot Act as granting the government too much unrestricted access into the private lives of innocent US citizens. They argue that the authority granted by the act undergoes too little oversight and establishes a precedent for further prying into the lives of individual citizens.

These claims aren’t difficult to believe—most people have read books, watched movies, or seen TV shows in which the government has seemingly infinite insight into peoples’ lives and has the ability to watch any individual’s every move. And a main reason these themes are so prevalent in modern literature and entertainment is the fear that as technology advances and government grows, abuse will occur.

But while certain politicians and civil liberties groups prey on this fear, the underlying issue is whether or not their claims are accurate. Does the Patriot Act grant the government too much power without enough oversight?

Controversial Elements of USA PATRIOT Act

The most controversial part of the Patriot Act is Title II: Enhanced Surveillance Procedures. Within this part of the act, the power of the government to obtain surveillance—intended for but not always limited to suspected terrorists—is greatly increased.

—Section 213

Section 213 of this act enables law enforcement to obtain warrants for covert searches. Such warrants allow officers to execute secret searches without prior notice—although the target of the search must be notified soon thereafter.

Part of the criticism of these covert searches is the ambiguity of when notice must be given. According to the law, “the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown” (USA PATRIOT Act).

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