The Patriot Act Essay Example for Free

The Patriot Act Essay After the atrocious terrorist attacks on the United States in September 2001, the Government has focused an overwhelming amount of attention on combating terrorism. On October 26, 2001 the Bush Administration passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, infamously known as Patriot Act. Practically, Patriot Act significantly expands the power of the federal government to investigate, detain, and deport those people who the government suspects are linked to terrorist activity and other crimes. Although the US Congress while enacting this bill thought of the ways to protect America from future terrorist attacks, it failed to balance acceptably the Act with Americans’ civil and constitutional liberties (Strickland, 26). Ironically, the bill created to protect against terrorism extends beyond its limited goal, jeopardizing the civil liberties of Americans more than necessary and creating many opportunities for privacy and freedom violations. History illustrates that, in times of peril, hastily taken measures often weaken governmental restrictions against coercive and intrusive powers and often infringe on civil liberties without substantially enhancing security. Throughout United States history, the country allowed civil liberties to be sacrificed in face of what seemed to be legitimate exigencies of war: the Alien and Sedition Acts, the internment of Japanese-Americans during World War II, the blacklisting of supposed communist sympathizers during the McCarthy era, and the government’s surveillance of civil rights leaders in the 1960s (Pike, 20). These abuses should not be forgotten in this war against terrorism, but rather used as a lesson that the risk of governmental abuse is substantial. As Louis D. Brandeis explained, â€Å"experience should teach us to be most on our guard to protect liberty when the governments purposes are beneficent . . . The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding† (Gastil and Sussman, 116). This history of abuse indicates that civil liberty violations will likely be a reality if the governmental actions are not carefully constructed with safeguards. From the critical standpoint, the US Patriot Act evidently lacks these safeguards. According to professor Chimerinsky, â€Å"some loss of freedom may be necessary to ensure security; but not every sacrifice of liberty is warranted . . . The central question must be what rights need to be sacrificed, under what circumstances, and for what gain† (Congress Hearings, Lexis-Nexis, 2001). From the very beginning, the Act does not define what a â€Å"suspected terrorist† is, or how the government may go about suspecting someone of terrorism. Potentially, this lack of transparency gives the government an opportunity to use the norms of the Act virtually on every American. The US Code of Federal Regulations defines terrorism as â€Å"the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives† (28 C. F. R. Section 0. 85). However, this definition is rarely adhered to in practice. Title 2, section 201 of Patriot Act, entitled â€Å"Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism† amends Section 2516(1) of title 18, US Code. It allows any criminal violation relating to chemical weapons or terrorism to authorize eavesdropping on the perpetrator. Section 215 also gives the United States government the right to gain â€Å"access to records and other items under the foreign intelligence surveillance act. † This includes everything from dental records to fingerprints and criminal history. Perhaps the most menacing part of the Patriot Act, however, is Title V, entitled â€Å"Removing Obstacles to Investigating Terrorism,† which features sections which allows DNA identification of terrorists and other violent offenders, forces local law enforcement to relinquish control and all data over to federal law enforcement, allows disclosure of educational records, and allows disclosure of information from NCES surveys. Not only these provisions make the Act to be unjust and inappropriate, but they also violate all the norms established by the US Constitution regarding civil rights and liberties. Guaranteeing the security of the United States is the most fundamental governmental objectives and intelligence surveillance plays a critical role in the protection of national security. However, protecting civil liberties is of great importance, and that is why the issue of surveillance went through years of debate. The values of the Constitution of the United States have united the country for more than 200 years. The framers designed the Constitution to protect civil liberties in times of war as well as in times of peace. It necessary to remember that the Constitution was designed at the time when America won the Revolutionary War; the time that was not comfortable or easy, and enemies posed a real threat. However, protecting civil liberties remained a central goal. Similarly, the current threat of terrorism cannot now be used as justification to disregard civil liberties provided by the Constitution. American ideals and values must be respected to maintain the strength of the United States. Commitment to the principles of the Constitution in the face of terrorist atrocities will serve justice and demonstrate the strength of the United States to the world. Even before September 11th, the government acknowledged that terrorists hope to provoke responses that undermine the Constitution of the United States. For instance, a report published before the Patriot Act argued that counterterrorism policies must be effective, but must also respect the democratic traditions (Bernstein, 29). Meanwhile, the Patriot Act could have profound implications on the democracy of the United States. Privacy involves the relationship of the individual to the state, the most fundamental aspect of a government. Since the beginning of the United States, â€Å"Americans have been committed to the idea that people have the right to control how much information about their thoughts, feelings, choices and political beliefs is disclosed† (France M. et al, 83). Privacy acts as the boundary that provides protection from the outside world and maintains human dignity. Privacy works to shield minorities and outsiders from persecution, something America prides itself in providing. â€Å"By reducing our commitment to privacy, we risk changing what it means to be Americans† (France M. t al, 84). The analysis of the Act’s sections depicts whole unconstitutional character of this controversial bill. For instance, Section 218 blurs the essential distinction between criminal and intelligence surveillance. It requires only that â€Å"a significant purpose† of a search or wiretap be â€Å"to obtain foreign intelligence information† (Hearings, Lexis-Nexis, 3162/218). The addit ion of the word â€Å"significant† eliminates the previous FISA civil liberty safeguard that separated criminal surveillance from intelligence surveillance. Now the Patriot Act allows a search to be performed under the previous surveillance guidelines even if the motivation is to get criminal evidence, not foreign intelligence information. In contemporary context, this change allows the FBI to conduct secret searches or to secretly record telephone conversations without probable cause when their primary purpose is to obtain criminal information, not to gather foreign intelligence (ACLU, 2005). As a result, Section 218 threatens the civil liberties of Americans who pose no terrorist threat. Moreover, the Fourth Amendment of the United States Constitution requires the government to prove to a judicial officer that it has probable cause of a crime before it conducts an invasive search to find evidence of that crime (US Constitution, AM IV). Before the enactment of the Patriot Act, if the primary purpose was a criminal investigation, the law enforcement officials had to first prove the higher standard of probable cause. Investigating criminal activity cannot be the primary purpose of surveillance. However, the change made by Section 218 authorizes unconstitutional activity by impinging on the Fourth Amendment protection that requires probable cause. Section 218 now provides law enforcement officials with a tool to avoid probable cause when conducting criminal investigation surveillance. As long as law enforcement officials can find some aspect of the surveillance relating to intelligence gathering, the surveillance is now very likely to be allowed even if the surveillance is primarily conducted for criminal investigation purposes. Form the critical standpoint, the word â€Å"significant† is not enough of a safeguard to protect the probable cause requirement for criminal investigations. Prior to the Patriot Act, the statutes that governed the use of pen registration and trap and trace devices were structured according to the understanding that the telephone was the predominate method of communication across a distance. To obtain a court order, the law enforcement officer needs to attest that the information to be obtained is â€Å"relevant to an ongoing criminal investigation† (18 U. S. C. , 3123 (a), 2001). In order to have access to the contents of the telephone communication, the officer had to prove probable cause, that is, that a crime has occurred, is occurring, or will occur (18 U. S. C. S. , 3122, 1993). Therefore, previous policy somehow limited the access law enforcement officials have to obtain call content. Not only has the Patriot Act simplified the procedure of obtaining court orders, it also extends the rights of law enforcement officers to access everything from hard-wire telephones to Internet communications. Now, Section 216 gives law enforcement agents access to â€Å"dialing, addressing, routing or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted,† once they have obtained pen register and trap and trace orders. In addition to the outgoing dialed telephone numbers and the origin of the incoming telephone calls, pen registers and trap and trace orders now give access to much more information contained in an electronic communication: the routing, addressing and signaling information of an electronic communication. Taking into consideration that in the US modern history, the FBI has repeatedly abused its powers, the Patriot Act jeopardizes significantly Americans’ right to privacy as well as other civil liberties. For example, during 1960s the FBI has investigated people because of ethnic background or political viewpoint, both of which unjustly invade the sacred American right of individual privacy. Reasons why the government, blindfolded congressmen and other officials allow the possibility for infamous historical incidents and violations to happen again remain unclear. For now, the only thing which is clear is that my personal privacy as well as privacy of my family and friends is under constant threat. Quite possibly, my email correspondence with my foreign friends or relatives is under careful watch of FBI or other Homeland Security agents. My educational records along with other private information are easily accessible for unclear and non-transparent purposes. And although my correspondence, my online diaries, weblogs, email, etc do not represent any threat for the United States, there is no justification and reasons for why they should be available for surveillance. Finally, the US Patriot Act is apparently neither effective vehicle to protect citizens from terrorism nor it conforms to the Constitution. Practically, it impedes your, my, their civil liberties. The Government should have first determined and analyzed the barriers inhibiting effective use of existing policies that protect against terrorism, and only then utilize such aggressive control over our liberty.

Swot analysis of the english national opera Essay -- essays research p

SWOT analysis of the English National Opera   Ã‚  Ã‚  Ã‚  Ã‚  STRENGTHS The product is definite. Although there are many different titles of shows and ways of performing Opera, on the whole the customer knows, when attending a performance, what to expect. Accessibility is improving. Through recent more widespread distribution of Videos/DVDs and CDs – in well known music stores. Also through Touring and Open-air Opera and to some extent educational workshops and talks, the English National Opera (ENO) has improved accessibility socially, geographically and physically. On a social level, Opera can be taken to the people, giving it a new and more innovative image therefore creating interest throughout a more widespread number and class of people. Thus allowing Opera attendees to begin to be stereotyped in a different way, which in itself improves accessibility to those who believed they simply were not of a high enough class to attend Opera. On a geographical level, people no longer need to travel to the only venue of the ENO – The London Coliseum, and on a physical level, the new Coliseum has full disability access and also have improved orchestra pit and stage doors from the workshop, allowing even more fantastic set designs to be constructed. Offer a varied range of performances all year round. The ENO have a full schedule of shows throughout the season. John Nelson, a board member said that this is a very positive thing as if there is a regular turnover of performances and events people can get into the habit of attending’. Communication links between interested parties are solid. Within the Opera ‘circle’ communication is frequent. The ENO has a long list of ‘friends’ and mailing recipients with whom there is frequent contact and updates about events, up and coming performances and invitations to preview nights, the opinions surveys regarding all aspects of the ENO are often posted to the ‘Friends of the ENO’. This regular contact makes people feel as if they are involved and play a role in the success of the Opera House. Price elasticity. Seat prices vary greatly so that more people can afford to attend the Opera. Typically those from social classes A and B attended the Opera, and this was partly to do with the cost of tickets. The ENO have made an effort to change this and have introduced more variable ticket pricing. For example... ...opportunities that may help to boost income. Reduction in government funding. Due to the increasing diversity and number of other Art forms in need of support and the ‘excessive amount upon which Opera Companies have begun to rely on government subsidy’ (Arts Council), the government has reduced it funding for Opera Companies. Although the ENOs funding has seen less of a cut than others, it has still been reduced. Growing statutory responsibilities of local authorities. Increased responsibility to finance other areas of local interest means the local authority has almost halved its financial support for the ENO in the last six years. Expensive legalities related to producing Opera. The increasing costs of insurance and applying to health and safety regulations is a threat to the future of the ENO. Bibliography Arts Council England (2002), http://www.artscouncil.org.uk/. UK: The National Lottery Commission Davies, Anita (2003), OPERA Cultural Trends. UK: Policy Studies Insitute English National Opera (2001), http://www.eno.org. UK: Emapdigital Thanks to- John Nelson, member of the Board of Directors of the English National Opera Company.

Causes and Consequences of Reduced Biodiversity Essay

Causes and consequences of reduced biodiversity in tropical rain forests In many tropical countries, the majority of deforestation results from the actions of poor subsistence cultivators. However, in Brazil only about one-third of recent deforestation can be linked to cultivators. A large portion of deforestation in Brazil can be attributed to land clearing for pastureland by commercial and speculative interests, misguided government policies, inappropriate World Bank projects, and commercial exploitation of forest resources. For effective action it is imperative that these issues be addressed. Focusing solely on the promotion of sustainable use by local people would neglect the most important forces behind deforestation in Brazil. Brazilian deforestation is strongly correlated to the economic health of the country the decline in deforestation from 1988-1991 nicely matched the economic slowdown during the same period, while the rocketing rate of deforestation from 1993-1998 paralleled Brazil’s period of rapid economic growth. During lean times, ranchers and developers do not have the cash to rapidly expand their pasturelands and operations, while the government lacks funds to sponsor highways and colonization programs and grant tax breaks and subsidies to forest exploiters. Clearing for Cattle Pasture Cattle ranching are the leading cause of deforestation in the Brazilian Amazon. This has been the case since at least the 1970s: government figures attributed 38 percent of deforestation from 1966-1975 to large-scale cattle ranching. However, today the situation may be even worse. According to the Center for International Forestry Research (CIFOR), between 1990 and 2001 the percentage of Europe’s processed meat imports that came from Brazil rose from 40 to 74 percent and by 2003 for the first time ever, the growth in Brazilian cattle production 80 percent of which was in the Amazon was largely export driven. Factors * CURRENCY DEVALUATION—The devaluation of the Brazilian real against the dollar effectively doubled the price of beef in reals and created an incentive for ranchers to expand their pasture areas at the expense of the rainforest. The weakness of the real also made Brazilian beef more competitive on the world market [CIFOR]. * CONTROL OVER FOOT-AND-MOUTH DISEASE—The eradication of foot-and-mouth disease in much of Brazil has increased price and demand for Brazilian beef. * INFRASTRUCTURE—Road construction gives developers and ranchers access to previously inaccessible forest lands in the Amazon. Infrastructure improvements can reduce the costs of shipping and packing beef. * INTEREST RATES—Rainforest lands are often used for land speculation purposes. When real pasture land prices exceed real forest land prices, land clearing is a good hedge against inflation. At times of high inflation, the appreciation of cattle prices and the stream of services (milk) they provide may outpace the interest rate earned on money left in the bank. * LAND TENURE LAWS—In Brazil, colonists and developers can gain title to Amazon lands by simply clearing forest and placing a few head of cattle on the land. As an additional benefit, cattle are a low-risk investment relative to cash crops which are subject to wild price swings and pest infestations. Essentially cattle are a vehicle for land ownership in the Amazon. Colonization and subsequent subsistence agriculture A significant amount of deforestation is caused by the subsistence activities of poor farmers who are encouraged to settle on forest lands by government land policies. In Brazil, each squatter acquires the right (known as a usufruct right) to continue using a piece of land by living on a plot of unclaimed public land (no matter how marginal the land) and â€Å"using† it for at least one year and a day. After five years the squatter acquires ownership and hence the right to sell the land. Up until at least the mid-1990s this system was worsened by the government policy that allowed each claimant to gain title for an amount of land up to three times the amount of forest cleared. Poor farmers use fire for clearing land and every year satellite images pick up tens of thousands of fires burning across the Amazon. Typically understory shrubbery is cleared and then forest trees are cut. The area is left to dry for a few months and then burned. The land is planted with crops like bananas, palms, manioc, maize, or rice. After a year or two, the productivity of the soil declines and the transient farmers press a little deeper and clear new forest for more short-term agricultural land. The old, now infertile fields are used for small-scale cattle grazing or left for waste. Infrastructure Improvements Road construction in the Amazon leads to deforestation. Roads provide access to logging and mining sites while opening forest frontier land to exploitation by poor landless farmers. Brazil’s Trans-Amazonian Highway was one of the most economic development programs ever devised, and one of the most spectacular failures. In the 1970s, Brazil planned a 2,000 mile highway that would bisect the massive Amazon forest, opening rainforest lands to settlement by poor farmers from the crowded, drought-plagued north and development of timber and mineral resources. Colonists would be granted a 250-acre lot, six-months’ salary, and easy access to agricultural loans in exchange for settling along the highway and converting the surrounding rainforest into agricultural land. The plan would grow to cost Brazil US$65,000 1980 dollars to settle each family, an amazing amount for Brazil, a developing country at the time. Commercial agriculture Recently, soybeans have become one of the most important contributors to deforestation in the Brazilian Amazon. Thanks to a new variety of soybean developed by Brazilian scientists to flourish in rainforest climate, Brazil is on the verge of supplanting the United States as the world’s leading exporter of soybeans. High soybean prices have also served as an impetus to expanding soybean cultivation. Logging In theory, logging in the Amazon is controlled by strict licensing which allows timber to be harvested only in designated areas. However, there is significant evidence that illegal logging is quite widespread in Brazil. In recent years, Ibama Brazil’s environmental enforcement agency has made several large seizures of illegally harvested timber including one in September 2003 when 17 people were arrested for allegedly cutting 10,000 hectares worth of timber. Logging in the Amazon is closely linked with road building. Studies by the Environmental Defense Fund show that areas that have been selectively logged are eight times more likely to be settled and cleared by shifting cultivators than untouched rainforests because of access granted by logging roads. Logging roads give colonists access to rainforest, which they exploit for fuel wood, game, building material, and temporary agricultural lands. Fires Virtually all forest clearing, by small farmer and plantation owner alike, is done by fire. Though these fires are intended to burn only limited areas, they frequently escape agricultural plots and pastures and char pristine rainforest, especially in dry years like 2005. Many of the fires set for clearing forest for these purposes are set during the three-month burning season and the smoke produced creates widespread problems across the region, including airport closings and hospitalizations from smoke inhalation. These fires cover a vast area of forest. In 1987 during a four-month period, about 19,300 square miles of Brazilian Amazon were burned. The burning produced carbon dioxide containing more than 500 million tons of carbon, 44 million tons of carbon monoxide, and millions of tons of other particles and nitrogen oxides. An estimated 20 percent of fires that burn between June and October cause new deforestation, while another 10 percent is the burning of ground cover in virgin forest Mining Mining in the Brazilian Amazon presently results in limited deforestation due to crackdowns on informal miners known as garimpeiros. The pig iron industry may have the largest role in mining-driven deforestation by consuming wood to produce charcoal to fuel steel production.

The Problem With National Breast Cancer Awareness Month

The Real Awareness of Pink Ribbon Month: A critique of Robin Hilmantel’s â€Å"The Problem with National Breast Cancer Awareness Month.† Even though breast cancer is an important issue in today’s society and there are different organizations and charities that raise money for breast cancer; the pink ribbon is something that causes a variety of problems. In her article â€Å"The Problem with National Breast Cancer Awareness Month,† Robin Hilmantel makes an effective argument and uses pathos to reach out to women by showing the perspective of a real person who was suffering from breast cancer, as well as use symbolism to argue how the pink ribbon is being used in a misguided way. However, she does not have a well-developed thesis and her evidence does not present any citation or where she got the information from which gives doubts on her credibility. Hilmantel begins her article with a statement that catches the audience’s attention and makes them think about the pink ribbon movement that occurs every October; but she does not introduce her thesis until she mentions her argument which is that there is a problem in how the pink ribbon is being represented in the National Breast Cancer Awareness Month. She first starts with a story of a young woman named â€Å"Kate Petrides,† who did not expect to ever have breast cancer at her age. Throughout the article Hilmantel talks about how the awareness of breast cancer has had different responses to people. Hilmantel says that differentShow MoreRelatedSusan G. Komen For The Cure1157 Words   |  5 PagesAttention getter: About 85% of breast cancers occur in women who have NO (make sure to emphasize) family history of breast cancer. This disease occurs mainly in women but men can also get it. b. Why should we care? 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