Surveillance Under the Patriot Act

Passed just 45 days after 9/11 under the banner of national security, the Patriot Act dramatically changed surveillance laws in the U.S. It expanded the government’s ability to monitor phone and email communications, track online activity, and access financial records – all to prevent terrorism. While many Americans believe it was designed to catch terrorists, in reality, it has turned ordinary citizens into potential suspects.

On May 26, 2011, Senator Ron Wyden (D-OR) warned, “When the American people find out how their government has secretly interpreted the Patriot Act, they will be stunned and angry.”

National Security Letters (NSLs): Warrantless Collection of Personal Data

Under the Patriot Act, FBI agents can issue National Security Letters (NSLs) without a judge’s approval to obtain sensitive personal records, including phone logs, banking history, and online activity.

Between 2003 and 2006, the FBI issued 192,499 NSLs, leading to just one terror-related conviction – an outcome that would have occurred even without the Patriot Act.

Additional concerns about NSLs include:

• Mass Data Collection: At least 34,000 law enforcement and intelligence agents can access phone records collected through NSLs.
• Overreach: In response to just 9 NSLs, the FBI received 11,100 Americans’ telephone account records.
• Lack of Privacy Protections: The government is not required to destroy information obtained from innocent citizens, meaning personal data can be stored indefinitely.
• Gag Orders: The Patriot Act prohibits recipients of NSLs from discussing them, a provision ruled unconstitutional in multiple court cases.

Between 2003 and 2005, 143,074 NSLs led to just 53 criminal referrals – none of which were related to terrorism:

• 17 cases involved money laundering
• 17 cases were immigration-related
• 19 cases involved fraud
• 0 cases were terrorism-related

"Sneak & Peek" Searches: Secret Government Entry Into Homes and Offices

One of the most controversial aspects of the Patriot Act is the allowance of "Sneak & Peek" searches. These provisions let federal law enforcement delay notifying individuals that their home, office, or property has been searched. This represents a significant shift in Fourth Amendment privacy protections, as it means the government can enter a residence, search through personal belongings, take photographs, and sometimes seize electronic communications or property – all without immediate disclosure to the owner.

In 2010 alone, 3,970 Sneak & Peek searches were conducted:

• 76% were drug-related
• 24% were for other crimes
• Only 1% were related to terrorism

While initially framed as a tool for fighting terrorism, the data suggests that the Patriot Act has been overwhelmingly used for unrelated investigations, raising serious concerns about privacy, civil liberties, and government overreach.