Page 356 - Law and the Media

The Law in the United States of America
Combating Terrorism Act 2001
In immediate response to the attacks of 11 September, on 13 September 2001 the Senate
unanimously approved the Combating Terrorism Act 2001 (Amendment SA 1562 to HR
2500) in order to ‘enhance the capability of the United States to deter, prevent, and thwart
domestic and international acts of terrorism against United States nationals and interests’.

The Combating Terrorism Act 2001 greatly extends the powers of surveillance by federal and
state governments. It broadens the definition of wiretaps to include the monitoring of
communications over the Internet. It allows prosecutors to authorize surveillance for 48 hours
without the approval of a judge. It allows United States and state attorneys to authorize the
installation of FBI Internet surveillance systems. It also expands the circumstances in which
wiretaps can be authorized without a warrant to include ‘threats to public health and safety or
national security’ and ‘attacks on the integrity or availability of protected computers’.

Under this Act, the government will be able to monitor of the addresses of web sites visited
by an Internet user, the terms he types into search engines and the names and addresses – but
not the content – of his email correspondence.

Although the Combating Terrorism Act 2001 is designed to combat terrorism, it will also
allow the government to authorize a wiretap without warrant in respect of any suspected
‘computer hacking’ offence. This power and the speed with which the Act was passed has
caused concern in some quarters in the United States. The lack of any constitutional right to
challenge it is also causing concern. Because privacy is a common law right derived from the
Due Process Clause of the Fifth Amendment to the Constitution and the Equal Protection
Clause of the Fourteenth Amendment, it is not guaranteed directly by the Constitution and
is not subject to constitutional challenge.

USA Patriot Act 2001
On 25 October 2001 the Senate passed by 98 votes to 1 the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT) Act 2001 (HR 3162) in order to ‘deter and punish terrorist acts in the United
States and around the world, to enhance law enforcement investigatory tools and for other
purposes’. This Act became public law on 26 October 2001 when it was signed by President
George W. Bush.

The USA Patriot Act 2001 increases criminal sentences for acts of terrorism or for those who
harbour or finance terrorists or terrorist organizations and makes it a crime for individuals or
groups to possess substances that can be used as biological or chemical weapons. The
Treasury Department is given power to order domestic banks to investigate the sources of
large overseas private banking accounts and to impose sanctions on other countries that
refuse to provide banking information to United States investigators.

Law enforcement officials may seek court orders to place ‘roving wiretaps’ on an
individual suspected of involvement in terrorism in order that any telephone, rather than
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