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On Fear and Freedom

An analysis of USA Patriot Act and its implication on Telecommunication

My paper is on the legislation passed by the congress known as USA Patriot Act. My main focus will be on the part of this legislation that deals with telecommunication, which includes the Internet, phones, Cable etc. Because my intended audiences are telecommunication class 605, my analysis will be confined to the portions that deal with telecom and its effect; it will also touch on the fourth amendment right guaranteed in the constitution.

It was just another day in fall; as usual America woke up and set out to do their daily chores. But that day had a little (!) but far reaching twist to it. It was September 11 2001. As the day progressed an unimaginable event took place. In an around 10 am two civilian passenger airline crashed into the symbol of America’s economic might, the twin towers. Then another crashed on Pentagon the nerve center of America’s military might, and a fourth one crashed in a field in Pennsylvania. Within few hours, America’s sense of security was shattered abruptly and decisively. The President was flown from one bunker to the other, which were built d


The ACLU noted that the FBI already had broad authority to monitor telephone and Internet communications. Most of the changes apply not just to surveillance of terrorists, but instead to all surveillance in the United States.

registers, a kind of secret “caller id”, which identify the source and destination of

court orders approving the government’s use of trap and trace devices and pen

The orders are available based on the government's certification, rather than a finding

Communications Records and Stored E-Mail. With respect to chapter

By providing no guidance on this question, Section 216 gives the government wide latitude to decide what constitutes "content." Of special concern is the fact that Section 216 authorizes the government to install its new Carnivore or DCS1000 system, a formidable tracking device that is capable of intercepting all forms of Internet activity, including email messages, web page activity, and Internet telephone communications. Once installed on an Internet Service Provider (ISP), Carnivore devours all of the communications flowing through the ISP's network-not just those of the target of surveillance but those of all users-and not just tracking information but content as well. The FBI claims that through the use of filters, Carnivore "limits the messages viewable by human eyes to those which are strictly included within the court order."37 However, neither the accuracy of Carnivore's filtering system, nor the infallibility of its human programers, has been demonstrated. While Section 216 requires the government to maintain a record when it utilizes Carnivore, this record need not be provided to the court until 30 days after the termination of the order, including any extensions of time. Section 216 is not scheduled to expire.” (http://www.ccr-ny.org/)

Amendment protection – telephone records, e-mail held in third party storage, and the

Some topics in this essay:
Stored E-Mail, Patriot Act, Title III, Eighth Amendments, Fourth Amendment, Trace Devices, Patriot Act”, Finally Act, ISP Carnivore, Nancy Chang, 18 usc, law enforcement, patriot act, usa patriot act, usa patriot, trap trace, probable cause, section 216, stored e-mail, fourth amendment, trace devices, trap trace devices, registers trap trace, storage 180 days, remote storage 180,

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Approximate Word count = 4175
Approximate Pages = 17 (250 words per page double spaced)


  

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