Patriot Act: a brief essay in a composite perspective

Patriot Act: a brief essay in a composite perspective “War on Terror” and “Orwellian surveillance” are the two main narratives that can summarize the debate raised around Patriot Act in the last decade. A balanced and multilevel analysis is the first step to eviscerate this complex issue. A few weeks after 9/11 attacks, the 'Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act' – better known as Patriot Act – has been developed with the specific aim to punish terrorists acts. Therefore, that brought two essential innovations: the redefinition of the concept of terrorism and the implementation of controversial surveillance measures, mainly placed in the hands of federal officials. The latter (NSA in particular) have been invested by “greater authority to track and intercept communications, both for law enforcement and foreign intelligence gathering purposes”1. That is exactly what some called “Orwellian Surveillance”. The definition of International Terrorism has been explicitly referred to Title 18, section 2331 of United States Code: briefly, activities that – occurring primarily outside the territorial jurisdiction of the US – involve violent acts that appear to be intended to intimidate civilians or a government through intimidation, coercion, mass destruction, assassination, kidnapping 2. Starting from these criteria, Bush administration began its “War on Terror” inside US borders. Patriot Act's impact has even been fundamental in the business field. Title III – 'International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001' – has introduced restrictions to financial institutions (professional and banking), with the specific aim to fight money laundering and other illegal activities. Money laundering definition has been broadened, with practical implications that leaded to “unprecedented levels of due diligence on any corresponding accounts that exist in money laundering jurisdictions throughout the world”3. *

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Once thirteen of the sixteen sections expired, president Bush reauthorized the last three – sections 206, 215 and 6001 – until 2006, and Obama administration signed an extension that was supposed to expire on June first, 20154. Section 206 enabled intelligence to conduct roving surveillance, even on people not directly involved with suspects (as the Electronic Frontier Foundation, a nonprofit organization operating in the field of civil liberties in the digital world, declared on its website). Section 215 allowed bulk data collection that should now be prohibited by Freedom Act. Finally, section 6001 permitted surveillance of non-US people without requiring evidence: “Although these provisions are set to sunset, grandfather clauses permit them to remain effective with respect to investigations that began, or potential offenses that took place, before the sunset date.”5. Therefore, USA Freedom Act – officially 'Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection and Online Monitoring Act' – has passed on June Second, 2015, renewing the three sections through significant modifications. The Judiciary Committee's official website publicizes Freedom Act affirming that it “protects civil liberties”, it “improves transparency and better information-sharing with American people” and it “strengthens National Security”6. 1 2 3 4 5 6

Source: Congressional Reserve Service: https://fas.org/irp/crs/RS21203.pdf. Source: Office of Law Revision Counsel: United States Code, Title 18, section 2331: http://uscode.house.gov/browse/prelim@title18/part1&edition=prelim. Source: Investopedia: How the Patriot Act works and why is it important: http://www.investopedia.com/articles/investing/090214/how-patriot-act-affects-you-today.asp. Source: Action Institute Power Blog: Explainer: What you should know about the Patriot Act and the Freedom Act: http://webcache.googleusercontent.com/search?q=cache:http://blog.acton.org/archives/78712-explainer-what-youshould-know-about-the-patriot-act-and-the-freedom-act.html&gws_rd=cr&ei=-GNYVo-hJcPyav_rqcgH. Congressional Research Service: Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015: https://fas.org/sgp/crs/intel/R40138.pdf Source: United States House of Representatives: Judiciary Committee: The Freedom Act: http://judiciary.house.gov/index.cfm/usa-freedom-act.

However, several Americans are intensely denouncing Patriot Act set of laws, starting from Edward Snowden, the contractor that revealed NSA bulk collection. Indeed, Freedom Act is a kind of reaction to Patriot Act's overstatements: as declared from the Judiciary committee, it “ends bulk collection”, “prevents government overreach” and “allows challenges of national security letter gag orders”7. *

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The critical points are still numerous. Basing on the researches of the American Civil Liberties Union, the relevance of Patriot Act legislation is definitely low in terms of real terror-related results8. Considering daily life, the experience of the journalist Rebecca Gordon is exemplar: her and her partner were “turned up on the FBI’s no-fly list” in 2002 for being involved in publishing an independent pacifist magazine. The no-fly list is not only something about “old news, a relic of the panicked early days following the 9/11 attacks”: many American citizens and permanent residents had to manage with years of legal fighting to be enabled to visit their relatives in countries like Pakistan and Yemen9. Moreover, just to mention one direct experience of some of the economic implications, a retired export director affirmed in a school meeting in Liege, Belgium, that in many years of activity he discovered numerous delivery service entitled to open letters related to US companies. Law's interpretation has always been a problematic question. 'Charlie Hebdo' attacks of January 2015 have shaken European society: in the last moths, France has been implementing a new problematic bill, that is even concerning United Nations and Amnesty International10. Now, after 11/13 attacks, France has declared – together with war – the State of emergency that will last three months, giving special powers to police to act without judicial oversight11. In the meanwhile, the business world is again being altered by Terror risk, especially in the field of travel and leisure companies12. New non-state actors are emerging (from Al Qaeda and Al Nusra to Islamic State and Boko Haram), but western response seems to be unaltered. Many companies and citizens are claiming for more liberties and civil rights, while US government – and, more recently, Hollande administration – are stressing the necessity to adopt strong anti-terror measures. The line between freedom morality and war challenges is fine. Terror is a renewed and complex phenomenon, with variable and uncertain definitions. Mediatic spectacularization, sudden bombings and problematic reforms à la Patriot Act can obscure the deep and complex mechanisms of war. Which are the roots of terrorist attacks? Against who are they fighting? Can we find a balance between the “War on Terror” and the “Orwellian” measures? In-depth analysis in a long-term perspective is the most careful answer to nowadays Terror. “But regardless of one’s opinion on the merits of this bill (or on the somewhat delusional zealotry with which some of its advocates seemed armed) this is definitely a topic that a healthy republic needs to be debating. Information and its communication is more and more the stuff of state power.” Walter Russel Mead, What the Freedom Act Really Means 7 8

Ibidem See American Civil Liberties Union: Surveillance under the Patriot Act, infographic: https://www.aclu.org/infographic/surveillance-under-patriot-act?redirect=national-security/surveillance-underpatriot-act 9 Source: Huffington Post: The no-fly Follies: http://www.huffingtonpost.com/rebecca-gordon/no-fly-list-airportsecurity_b_8167612.html 10 Source: The Guardian: France approves 'Big Brother' surveillance powers despite UN concern: http://www.theguardian.com/world/2015/jul/24/france-big-brother-surveillance-powers 11 Source: The Guardian: Manuel Valls: the French PM taking a hard line against terror: http://www.theguardian.com/world/2015/nov/25/manuel-valls-french-pm-hard-line-against-terror 12 Source: Investopedia: Terrorism: How Wall Street Responds to Attacks: http://www.investopedia.com/articles/07/terrorism.asp

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Action Institute Power Blog: Explainer: What you should know about the Patriot Act and the Freedom Act: http://webcache.googleusercontent.com/search?q=cache:http://blog.acton.org/archives/78712explainer-what-you-should-know-about-the-patriot-act-and-the-freedom-act.html&gws_rd=cr&ei=-GNYVohJcPyav_rqcgH

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American Civil Liberties Union: Surveillance under the Patriot Act: https://www.aclu.org/infographic/surveillance-under-patriot-act?redirect=national-security/surveillance-underpatriot-act

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Congressional Reserve Service: https://fas.org/irp/crs/RS21203.pdf Congressional Reserve Service: Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015: https://fas.org/sgp/crs/intel/R40138.pdf Investopedia: How the Patriot Act works and why is it important: http://www.investopedia.com/articles/investing/090214/how-patriot-act-affects-youtoday.asp Investopedia: Terrorism: How Wall Street Responds to Attacks: http://www.investopedia.com/articles/07/terrorism.asp

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Library of Congress: Freedom Act Text: https://www.congress.gov/114/bills/hr2048/BILLS114hr2048eh.pdf Office of Law Revision Counsel: United States Code, Title 18, section 2331: http://uscode.house.gov/browse/prelim@title18/part1&edition=prelim TED Talks: Loretta Napoleoni; Edward Snowden: https://www.ted.com/search? q=patriot+act The american Interest: What the Freedom Act Really Means: http://www.the-americaninterest.com/2015/06/03/what-the-freedom-act-really-means/ The Guardian: Manuel Valls: the French PM taking a hard line against terror: http://www.theguardian.com/world/2015/nov/25/manuel-valls-french-pm-hard-line-against-terror The Huffington Post: The no-fly Follies: http://www.huffingtonpost.com/rebecca-gordon/no-fly-listairport-security_b_8167612.htm

The White House: Fact sheet: The Administration’s Proposal for Ending the Section 215 Bulk Telephony Metadata Program: https://www.whitehouse.gov/the-pressoffice/2014/03/27/fact-sheet-administration-s-proposal-ending-section-215-bulk-telephonym U.S. Government Publishing Office: Patriot Act Text: http://www.gpo.gov/fdsys/pkg/BILLS107hr3162enr/pdf/BILLS-107hr3162enr.pdf