Patriot Act and Jean-Baptiste Carpeaux: Difference between pages

From Wikipedia, the free encyclopedia
(Difference between pages)
Content deleted Content added
VisualWikitext
None XD
 
image added
 
Line 1: Line 1:
[[Image:Jean-Baptiste Carpeaux's marble sculpture 'Ugolino and his Sons', Metropolitan Museum of Art.jpg|thumb|right|400px|Jean-Baptiste Carpeaux's marble sculpture 'Ugolino and his Sons', Metropolitan Museum of Art]]
{{Cleanup|date=May 2006}}
[[Image:Jean-Baptiste_Carpeaux_La_Danse.jpg|thumb|right|400px|La Danse (The Dance), Opera Garnier in Paris]]
{{proseline}}
{{Commonscat}}
{{USA Patriot Act titles}}
{{Infobox U.S. legislation
| fullname=Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001
| acronym=USA PATRIOT Act
| enacted by=107th
| effectivedate=February 1, 2002
| public law url=http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107
| cite public law=107-56
| cite statutes at large=115 Stat. 272 (2001)
| acts amended=
| title amended=
| sections created=
| sections amended=
| leghisturl=http://thomas.loc.gov/cgi-bin/bdquery/z?d107:HR03162:@@@X
| introducedin=[[United States House of Representatives|House of Representatives]]
| introducedbill=H.R. 3162
| introducedby=[[Jim Sensenbrenner|Frank James Sensenbrenner, Jr.]]
| introduceddate=[[October 23]] [[2001]]
| committees=[[Committee on the Judiciary]]; [[Permanent Select Committee on Intelligence]]; [[Committee on Financial Services]]; [[Committee on International Relations]]; [[Committee on Energy and Commerce]] (Subcommittee on Telecommunications and the Internet); [[Committee on Education and the Workforce]]; [[Committee on Transportation and Infrastructure]]; [[Committee on Armed Services]]
| passedbody1=[[United States House of Representatives|House]]
| passeddate1=[[October 24]] [[2001]]
| passedvote1=[http://clerk.house.gov/cgi-bin/vote.asp?year=2001&rollnumber=398 Yeas: 357; Nays: 66]
| passedbody2=[[United States Senate|Senate]]
| passeddate2=[[October 25]] [[2001]]
| passedvote2=[http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=107&session=1&vote=00313 Yeas: 98; Nays: 1]
| signedpresident=[[George W. Bush|Bush]]
| signeddate=[[October 26]] [[2001]]
| amendments=
}}
The '''Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001''' ([[Public Law]] 107-56), known as the '''USA PATRIOT Act''' or simply the '''''Patriot Act''''', is an [[United States|American]] [[Act of Congress|act]] which [[President of the United States|President]] [[George W. Bush]] signed into law on [[October 26]] [[2001]].


'''Jean-Baptiste Carpeaux''' ([[May 11]], [[1827]], [[Valenciennes]] –[[October 12]], [[1875]], [[Courbevoie]]) was a French sculptor and painter. His early studies were under [[François Rude]]. Carpeaux won the [[Prix de Rome]] in [[1854]], and moving to [[Rome]] to find inspiration, he there studied the works of [[Michelangelo Buonarroti|Michelangelo]], [[Donatello]] and [[Andrea del Verrocchio|Verrocchio]]. Staying in Rome from [[1854]] to [[1861]], he obtained a taste for movement and spontaneity, which he joined with the great principles of [[baroque art]]. In [[1861]] he made a bust of [[Mathilde Bonaparte|Princess Mathilde]], and this later brought him several commissions from [[Napoleon III]]. He worked at the pavilion of [[Flora (goddess)|Flora]], and the [[Opéra Garnier]]. His group La Danse (the Dance, [[1869]]), situated on the right side of the façade, was criticised as an offence to common decency.
Passed with minimal debate only 45 days after the [[September 11, 2001]] attacks on the [[World Trade Center]] in [[New York City]], [[New York]], the Act
([http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107 full text]) dramatically expanded the authority of U.S. law enforcement agencies for the stated purpose of fighting [[terrorism]] in the United States and abroad. Among its many provisions, the act increased the ability of law enforcement agencies to search telephone and email communications and medical, financial, and other records; eased restrictions on foreign intelligence gathering within the United States; expanded the [[Secretary of the Treasury|Secretary of the Treasury’s]] authority to regulate financial transactions, particularly those involving foreign individuals and entities; and enhanced the discretion of law enforcement and immigration authorities in detaining and deporting [[immigrants]] suspected of terrorism. The act also expanded the definition of terrorism to include “[[domestic terrorism]],” thus enlarging the number of activities to which the Patriot Act’s expanded law enforcement powers can be applied.<ref>[http://www.lifeandliberty.gov/highlights.htm Department of Justice Web site]</ref>


He never managed to finish his last work, the famous Fountain of the Four Parts of the Earth, on the Place Camille Jullian. He did finish the terrestrial globe, supported by the four figures of [[Asia]], [[Europe]], [[North America|America]] and [[Africa]], and it was [[Emmanuel Frémiet]] who completed the work by adding the eight leaping horses, the tortoises and the dolphins of the basin.
Although the Act passed by wide margins in [[United States Congress|Congress]], it has been criticized from its inception for weakening protections of [[civil liberties]]. The only US Senator to vote against the act was Senator [[Russ Feingold]]. In particular, opponents of the law have criticized its authorization of indefinite detentions of immigrants; “sneak and peek” searches through which law enforcement officers search a home or business without the owner’s or the occupant’s permission or knowledge; the expanded use of “[[National Security Letters]],” which allow the Federal Bureau of Investigation to search telephone, email, and financial records without a court order; and the expanded access of law enforcement agencies to government records, including library and financial records.<ref>Abramson, Larry. [http://www.npr.org/templates/story/story.php?storyId=4756403 "The Patriot Act: Alleged Abuses of the Law."] [http://www.NPR.org ''NPR.org'']. July 20, 2005. Retrieved April 9, 2007.</ref> Since its passage, several legal challenges have been brought against the act, and Federal courts have ruled one provision unconstitutional.<ref>Reardon, Marguerite and Declan McCullagh. [http://news.com.com/ACLU+challenges+Patriot+Act/2100-1030_3-5928827 "ACLU Challenges Patriot Act"]. ''News.com'', November 2, 2005. Retrieved on April 9, 2007.</ref>{{Fact|date=April 2007}}


== Sculptures by Carpeaux ==
Many of the act’s provisions were set to sunset on [[December 31, 2005]], approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections.<ref>[http://www.cnn.com/2005/POLITICS/12/21/patriot.act/index.html|
"Senate gives Patriot Act six more months"]. CNN.com, December 22, 2005. Retrieved April 9, 2007.</ref> In July 2005, the U.S. Senate passed a reauthorization bill ([http://www.thomas.gov/cgi-bin/query/D?c109:19:./temp/~c109vlG2PF:: S. 1389]) with substantial changes to several sections of the act, while the House reauthorization bill ([http://www.thomas.gov/cgi-bin/query/D?c109:2:./temp/~c109NYVJWm:: H.R. 3199]) kept most of the act's original language . The two bills were then reconciled in a conference committee that was criticized by Senators from both parties for ignoring civil liberty concerns.<ref> [http://www.sununu.senate.gov/pressapp/record.cfm?id=248936&&year=2005& "SAFE Act Co-Sponsors say PATRIOT Act Conference Report Unacceptable."]</ref> The “compromise bill,” ([http://www.thomas.gov/cgi-bin/query/D?c109:6:./temp/~c109VgtpwI::|full text]) which removed most of the changes from the Senate version, passed Congress on March 2, 2006 and was signed into law by President Bush on March 9, 2006.


* Ugolin et ses fils - [[Ugolino della Gherardesca|Ugolino]] and his Sons (1861, in the permanent collection of the [[Metropolitan Museum of Art]])[[http://www.insecula.com/oeuvre/photo_ME0000009025.html]] with versions in other museums including the [[Musée d'Orsay]]
==Financial Anti-Terrorism Act==
* The Dance (commissioned for the [[Palais Garnier|Opera Garnier]])
The [[Financial Anti-Terrorism Act]] was passed on [[October 17]], [[2001]] by both Houses and also folded into the USA PATRIOT Act. It claims the power to freeze assets, investigate and prosecute those whom it suspects of being financial supporters of terrorism. Whether Congress has the Constitutional power to make this claim is the subject of much litigation.
* Jeune pêcheur à la coquille - [[Naples|Neapolitan]] Fisherboy - in the [[Louvre]], [[Paris]] [[http://www.insecula.com/oeuvre/photo_ME0000034255.html]]
* Girl with Shell
* [[Antoine Watteau]] monument, [[Valenciennes]]


==Neapolitan Fisherboy==
==Legislative history==
[[Image:Patriotactsigning.jpg|thumb|right|250px|President [[George W. Bush]] signing the USA PATRIOT Act, in the White House's East Room on [[October 26]], [[2001]].]]
Introduced into the House of Representatives as H.R. 3162 by Congressman [[Jim Sensenbrenner|James F. Sensenbrenner]] (R, WI), the Act swept through Congress remarkably quickly and with little dissent. House Resolution 3162 was introduced in the House of Representatives on [[October 23]], [[2001]]. [[United States Assistant Attorney General|Assistant Attorney General]] [[Viet D. Dinh]] and future [[United States Secretary of Homeland Security|Secretary of Homeland Security]] [[Michael Chertoff]] were the primary drafters of the Act. The [[bill (proposed law)|bill]] passed in the [[United States House of Representatives|House of Representatives]] on [[October 24]], [[2001]], and in the [[United States Senate|Senate]] (Senator [[Russ Feingold]] ([[United States Democratic Party|D]]-[[Wisconsin|WI]]) cast the lone dissenting [[vote]], and Senator [[Mary Landrieu]] ([[United States Democratic Party|D]]-[[Louisiana|LA]]) was the sole non-voting member) on [[October 25]], [[2001]]. [[President of the United States|President]] [[George W. Bush]] signed the bill into law on [[October 26]], [[2001]].


Carpeaux submitted a plaster version of ''Pêcheur napolitain à la coquille'', the Neapolitan Fisherboy, to the [[French Academy]] while a student in [[Rome]]. He carved the marble version several years later, showing it in the Salon exhibition of 1863. It was purchased for [[Napoleon III]]'s empress, [[Eugénie de Montijo|Eugènie]]. The statue of the young smiling boy was very popular, and Carpeaux created a number of reproductions and variations in marble and bronze. There is a copy, for instance, in the Samuel H. Kress Collection in the [[National Gallery of Art]] in [[Washington D.C.]]
'''==Dick=='''


Some years later, he carved the Girl with a Shell, a very similar study.
[[Gay people like dick, there I said it lawl, gay dicks like gay lads.]]


Carpeaux sought real life subjects in the streets and broke with the classical tradition. The Neapolitan Fisherboy's body is carved in intimate detail and shows an intricately balanced pose. Carpeaux claimed that he based the Neapolitan Fisherboy on a boy he had seen during a trip to [[Naples]].
==Organization==
The Act has ten titles, each containing numerous sections. These are:


==External links==
* '''[[USA PATRIOT Act, Title I|Title I: Enhancing Domestic Security against Terrorism]]''' deals with measures that counter terrorism
* '''[[USA PATRIOT Act, Title II|Title II: Enhanced Surveillance Procedures]]''' gave increased powers of [[surveillance]] to various government agencies and bodies. There were 25 sections, with one of the sections (section 224) containing a [[sunset clause]].
* '''[[USA PATRIOT Act, Title III|Title III: International money laundering abatement and anti-terrorist financing act of 2001]]'''
* '''[[USA PATRIOT Act, Title IV|Title IV: Protecting the border]]'''
* '''[[USA PATRIOT Act, Title V|Title V: Removing obstacles to investigating terrorism]]'''
* '''[[USA PATRIOT Act, Title VI|Title VI: Providing for victims of terrorism, public safety officers and their families]]'''
* '''[[USA PATRIOT Act, Title VII|Title VII: Increased information sharing for critical infrastructure protection]]'''
* '''[[USA PATRIOT Act, Title VIII|Title VIII: Strengthening the criminal laws against terrorism]]'''
* '''[[USA PATRIOT Act, Title IX|Title IX: Improved intelligence]]'''
* '''[[USA PATRIOT Act, Title X|Title X: Miscellaneous]]'''


*[http://cartelfr.louvre.fr/cartelfr/visite?srv=rs_display_res&critere=jean+baptiste+carpeaux&operator=AND&nbToDisplay=5&langue=fr A page on the official Louvre site giving access to some of Carpeaux's works (French language only)]
==Provisions==
*[http://www.insecula.com/contact/A005511_oeuvre_1.html A page from insecula.com listing more views of Carpeaux's works (also in French;] it may be necessary to close an advertising window to view this page)
The Act mostly incorporates the provisions of the earlier anti-terrorism [[USA Act]] (H.R. 2975 and S. 1510). The Senate passed the USA Act on [[October 11]], [[2001]]. The House passed it on [[October 12]], [[2001]]. The primary differences between the USA Act and the USA PATRIOT Act are:
*[http://www.studiolo.org/MMA-Ugolino/Ugolino.htm A page analysing Carpeaux's ''Ugolino'', with numerous illustrations]
* The inclusion of the [[Financial Anti-Terrorism Act]] (H.R. 3004), which expands money laundering abatement to international terrorism.
* Immunity against prosecution for the providers of wiretaps in accordance with the [[Foreign Intelligence Surveillance Act|Foreign Intelligence Surveillance Act of 1978]].
* Request for a report on integrating automated fingerprint identification for ports of entry into the United States.
* Start of a foreign student monitoring program.
* Request for machine readable passports.
* Prevention of consulate shopping.
* Expansion of the Biological Weapons Statute.
* Clearer definition of "Electronic Surveillance"
* Miscellaneous benefits for victims of the September 11 attack and extra penalties for those who illegally file for such benefits.


[[Category:French sculptors|Carpeaux, Jean-Baptiste]]
Much criticism against the 2001 Act had been directed at the provisions for Sneak-and-Peek searches &mdash; a term coined by the FBI. Critics argued that Provision 213 authorizes "surreptitious search warrants and seizures upon a showing of ''reasonable necessity'' and eliminates the requirement of Rule 41 of the [[Federal Rules of Criminal Procedure]] that immediate notification of seized items be provided."<ref>http://talkleft.com/new_archives/000279.html</ref>
[[Category:1827 births|Carpeaux, Jean-Baptiste]]
[[Category:1875 deaths|Carpeaux, Jean-Baptiste]]


[[de:Jean-Baptiste Carpeaux]]
In special cases covered by [[Foreign Intelligence Surveillance Act|FISA]] (amended by the USA PATRIOT Act), the warrants may come from the [[United States Foreign Intelligence Surveillance Court|Foreign Intelligence Surveillance Court]] (FISC) instead of a common Federal or State Court. FISC warrants are not public record and therefore are not required to be released. Other warrants must be released, especially to the person under investigation.
[[fr:Jean-Baptiste Carpeaux]]

[[nl:Jean-Baptiste Carpeaux]]
A second complaint against Sneak-and-Peek searches is that the owner of the property (or person identified in business/library records) does not have to be told about the search. There is a special clause that allows the Director of the FBI to request phone records for a person without ever notifying the person. For all other searches, the person must be notified, but not necessarily before the search. The judge providing the warrant may allow a delay in notification when there is risk of:
[[pl:Jean-Baptiste Carpeaux]]
* endangering the life or physical safety of an individual;
[[pt:Jean-Baptiste Carpeaux]]
* flight from prosecution;
[[zh:让-巴蒂斯·卡尔波]]
* destruction of or tampering with evidence;
* intimidation of potential witnesses; or
* otherwise seriously jeopardizing an investigation or unduly delaying a trial.
The delays are on average 7 days, but have been as long as 90 days. [http://www.factcheck.org/article259.html]
Section 213, which federal agencies report they have used 155 times since 2001, does not expire later this year like other USA PATRIOT Act provisions.

The American Civil Liberties Union argues that the term "serious jeopardy" is too broad "and must be narrowly curtailed."<ref>http://newstandardnews.net/content/?action=show_item&itemid=1776</ref>

However, "sneak and peek" searches have been in use for a long time in criminal cases. Title II of the USA PATRIOT Act was intended to bring the monitoring of foreign powers and the agents of foreign powers into line with such criminal legislation. The main difference between criminal and FISA delayed notification on search warrants is that FISA warrants use a different legal standard when approving such orders (they use [[reasonable cause]], not [[probable cause]]).

{{See also|United States Foreign Intelligence Surveillance Court}}

===Government access to library records===
Perhaps the most controversial section of the original Act was Section 215, dealing with a very narrow, implied right of federal investigators to access library and bookstore records. Section 215 allows FBI agents to obtain a warrant ''[[in camera]]'' (in secret) from the [[United States Foreign Intelligence Surveillance Court]] for library or bookstore records of anyone connected to an investigation of international terrorism or spying. On its face, the section does not even refer to "libraries," but rather to business records and other tangible items in general.<ref>http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/03/10/MN14634.DTL</ref> Civil libertarians and librarians in particular, argue that this provision violates patrons' human rights and it has now come to be called the "library provision." The Justice Department defends Section 215 by saying that because it requires an order to be issued by a FISA Court judge, it provides better protection for libraries.

On [[August 26]], [[2005]], [[The New York Times]] reported that according to the [[ACLU]], the [[FBI]] is demanding library records from a Connecticut institution as part of an intelligence investigation. This would be the first confirmed instance in which the [[Federal Bureau of Investigation]] has sought library records, federal officials and the ACLU said. Interestingly, though, the government did not seek the records under section 215, but instead used "National Security Letters," which are the FISA equivalent of grand jury subpoenas and do not require a court order and thus are easier to use than section 215.<ref>http://www.nytimes.com/2005/08/26/politics/26patriot.html</ref>

==Enforcement==
{{wikinews|Bush declares immunity from Patriot Act oversight}}
It is uncertain how many individuals or organizations have been charged or convicted under the Act. Throughout 2002 and 2003, the Department of Justice refused to release numbers. Former [[Attorney General of the United States|Attorney General]] [[John Ashcroft]] in his 2004 statement ''The Department of Justice: Working to Keep America Safer'' reported that there have been 368 individuals criminally charged in terrorism investigations, and later used the numbers 372 and 375. Of these he stated that 194 (later 195) resulted in convictions or guilty pleas. (The original statement;<ref>http://permanent.access.gpo.gov/websites/usdojgov/www.usdoj.gov/ag/speeches/2004/ag_successes_110904.htm Working to Keep America Safer</ref> the statement is reduced to a bullet list in [http://www.usdoj.gov/criminal/CRMAnnualReport2004.pdf 2004 Criminal Division Annual Report] on page 9.). In June 2005, President Bush stated terrorism investigations yielded over 400 charges, more than half of which resulted in convictions or guilty pleas. In some of these cases, federal prosecutors chose to charge suspects with non-terror related crimes for immigration, fraud and conspiracy.

On [[September 11]] [[2005]] the [[ACLU|American Civil Liberties Union]] reported:<ref>http://www.aclu.org/natsec/warpowers/21261prs20051107.html</ref>
:'' '''30,000 National Security Letters Issued Annually Demanding Information about Americans: USA PATRIOT Act Removed Need for FBI to Connect Records to Suspected Terrorists''' ''
: ''[...] According to the Washington Post, universities and casinos have received these letters and been forced to comply with the demands to turn over private student and customer information. Anyone who receives an NSL is gagged - forever - from telling anyone that the FBI demanded records, even if their identity has already been made public. ''

: ''In New York and Connecticut, the ACLU has challenged the NSL provision that was dramatically expanded by Section 505 of the USA PATRIOT Act. The legislation amended the existing NSL power by permitting the FBI to demand records of people who are not connected to terrorism and who are not suspected of any wrongdoing. [...]''

==Challenges to Limit the USA PATRIOT Act==
===U.S. Congress===
On [[July 31]], [[2003]], Senators [[Lisa Murkowski]] (R-AK) and [[Ron Wyden]] (D-OR), introduced the "Protecting the Rights of Individuals Act" (S. 1552).<ref>http://www.fas.org/irp/congress/2003_cr/s1552.html</ref> This bill would revise several provisions of the Act to increase judicial review. For example, instead of PEN/Trap warrants to track Internet usage being based on the claims of law-enforcement, they would be based on "specific and articulable facts that reasonably indicate that a crime has been, is being, or will be committed, and that information likely to be obtained by such installation and use is relevant to the investigation of that crime." However, the Protecting the Rights of Individuals Act doesn't address the portion of Sec. 216 of the Act which allows unnamed persons to be subject to a PEN/Trap warrant based on law-enforcement certifying that those individuals should have been named.

On [[September 24]], [[2003]], Congressman [[Dennis Kucinich]] (D-Ohio), Co-Chair of the [[Progressive Caucus]], introduced legislation into the U.S. House of Representatives to repeal more than ten sections of the Act. The bill, titled the "[[Benjamin Franklin True Patriot Act]]", looks to review certain sections of the Act, including those that authorize sneak and peek searches, library, medical, and financial record searches, and the detention and deportation of non-citizens without full judicial review. Beyond the Act, the bill cements the right of [[attorney/client privilege]] and attempts to restore transparency in the Department of Justice and Department of Homeland Security by revoking [[Freedom of Information Act|FOIA]] secrecy orders, along with other important provisions.

[[Bernie Sanders]] (I-VT) with Reps. [[Jerrold Nadler]] (D-NY), [[John Conyers Jr.]] (D-Mich.), [[C. L. Otter]] (R-Idaho), and [[Ron Paul]] (R-Texas) proposed an amendment to the [[Commerce, Justice, State Appropriations Bill of 2005]] which would cut off funding to the [[United States Department of Justice|Department of Justice]] for searches conducted under Section 215. The amendment initially failed to pass the House with a tie vote, 210&ndash;210. Although the original vote came down in favor of the amendment, the vote was held open and several House members were persuaded to change their votes. [http://www.washingtonpost.com/wp-dyn/articles/A37480-2004Jul8.html]

On [[June 15]], [[2005]], a second attempt to limit Section 215 was successful in the House of Representatives. The House voted 238-187 in favor of the Sanders amendment to an appropriations bill. The Sanders amendment prevents the funds provided by the bill from being used by the FBI and the Justice Department to search library and book store records as authorized by Section 215 of FISA. This vote was misreported in many media outlets as a vote against Section 215.<ref>http://clerk.house.gov/floorsummary/floor.html?day=20050615</ref>

The [[Security and Freedom Ensured Act]] (SAFE) is legislation proposed by Senators Larry Craig (R-ID), John Sununu (R-NH) and Richard Durbin (D-IL) which would add checks and balances to the Act. This legislation, which was introduced in the [[United States House of Representatives|House]] on [[April 6]], [[2005]], would curtail some powers of the Act by requiring court reviews and reporting requirements.

===Courts===
====Section 805 ruled vague====
[[January 23]], [[2004]], U.S. District Judge Audrey Collins ruled that Section 805 (which classifies "expert advice or assistance" as material support to terrorism) was vague, but did not violate the [[First Amendment to the United States Constitution|First]] or [[Fifth Amendment to the United States Constitution|Fifth]] Amendment. The ruling was one of the first legal decisions to set a part of the Act aside.<ref>http://files.findlaw.com/news.findlaw.com/cnn/docs/terrorism/hlpash12304ord.pdf</ref> The lawsuit against the act was brought by the [[Humanitarian Law Project]], representing five organizations and two U.S. citizens who wanted to provide expert advice to Kurdish refugees in Turkey. Groups providing aid to these organizations had suspended their activities for fear of violating the Act, and they filed a lawsuit against the Departments of Justice and State to challenge the law, claiming the phrase "expert advice or assistance" was too vague.<ref>http://www.cnn.com/2004/LAW/01/27/patriot.act/</ref>

Collins granted the plaintiff's motion that "expert advice or assistance" is impermissibly vague, but denied a nationwide injunction against the provision. The plaintiffs were granted "enjoinment" from enforcement of the provision.

====''ACLU v. Ashcroft''====
{{main|American Civil Liberties Union v. Ashcroft (2004)}}
On [[April 9]], [[2004]] the [[ACLU]] filed a lawsuit challenging the national security letter (NSL)[http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002709----000-.html] provisions of the [[Electronic Communications Privacy Act]], which allows the [[List of FBI Directors|Director of the FBI]] (or a designee not below Deputy Assistant Director of the FBI) to obtain customer records from phone and Internet companies in terrorism investigations. The ACLU successfully argued that phone companies and [[Internet Service Providers]] should be able to disclose receiving a subpoena from the Director of the FBI, and that doing so outweighs the Director's need for secrecy in counter-terrorism investigations. The Act is only affected indirectly by this lawsuit because the case is about a terrorism investigation and the Act extends the use of NSLs to non-terrorism investigations, but the ACLU's argument would apply to investigations of both types.

On [[August 30]], [[2004]], the [[ACLU]] ran a $1.52 million ad campaign against the Act. The ad claimed, "So the government can search your house... My house... Our house... Without notifying us. Treating us all like suspects. It's part of the USA PATRIOT Act."

On [[September 29]], [[2004]], U.S. District Judge Victor Marrero struck down Section 505&mdash;which allowed the government to issue "National Security Letters" to obtain sensitive customer records from [[Internet service provider]]s and other businesses without judicial oversight&mdash;as a violation of the [[First Amendment to the United States Constitution|First]] and [[Fourth Amendment to the United States Constitution|Fourth]] Amendment. The court also found the broad gag provision in the law to be an "unconstitutional prior restraint" on free speech, so it was turned down.[http://www.nysd.uscourts.gov/rulings/04CV2614_Opinion_092904.pdf]

Since the ruling, Congress has amended Section 505, codified at [http://assembler.law.cornell.edu/uscode/18/2709.html 18 U.S.C. 2709]. On appeal, the case was dismissed as [[mootness|moot]].

===Resistance of state and local governments===
Eight states ([[Alaska]], [[California]], [[Colorado]], [[Hawaii]], [[Idaho]], [[Maine]], [[Montana]] and [[Vermont]]) and 396 cities and counties (including [[New York City]]; [[Los Angeles, California|Los Angeles]]; [[Dallas, Texas|Dallas]]; [[Chicago]]; [[Eugene, Oregon]]; [[Philadelphia, Pennsylvania|Philadelphia]]; and [[Cambridge, Massachusetts]]) have passed resolutions condemning the Act for attacking civil liberties. [[Arcata, California]] was the first city to pass an ordinance that bars city employees (including police and librarians) from assisting or cooperating with any federal investigations under the Act that would violate civil liberties ([[Nullification Crisis|Nullification]]). The [[Bill of Rights Defense Committee]] is helping coordinate local efforts to pass resolutions. Pundits question the validity of these ordinances, noting that under the Constitution's [[supremacy clause]], federal law overrides state and local laws. However, others have opined that the federal employees, in using such procedures for investigations, violate the Constitution's clauses in the fourth amendment, and in these cases, the Constitution overrides the USA PATRIOT Act's provisions.

==Public opinion==

{{update}}

In January 2002, 47% of Americans wanted their government to stop terrorism even if it reduced civil liberties. By November 2003 this number had dropped to 31%, indicating increasing concern about expanding government powers and/or reduced fear of terrorism. From 2003 to 2004, nearly a quarter of all Americans felt that the Act went too far, while most felt that it was either just right or did not go far enough. By 2005, the people polled were statistically divided half and half for and against the Act.

At the same time, only half of the people polled claimed to know some of the provisions of the Act. After the 2004 elections, the number of people claiming to know some of the provisions fell sharply.

Gallup Poll statistics[http://www.usatoday.com/news/polls/tables/live/2004-02-25-patriot-act-poll.htm][http://www.pollingreport.com/terror.htm][http://www.usatoday.com/news/polls/2006-01-09-poll.htm]:
{| class=wikitable
! colspan=3 | Does the USA PATRIOT Act go too far?
|-
! Date !! Too Far !! Not Too Far<sup>*</sup>
|-
| [[25 August]]-[[26 August]] [[2003]] || 22% || 69%
|-
| [[10 November]]-[[12 November]] [[2003]] || 25% || 65%
|-
| [[16 February]]-[[17 February]] [[2004]] || 26% || 64%
|-
| [[13 April]]-[[16 April]] [[2005]] || 45% || 49%
|-
| colspan=3 class=small | <sup>*</sup>Responded as it is a Necessary Tool, About Right, or Not Far Enough
|}
{| class=wikitable
! colspan=5 | What do you know about the USA PATRIOT Act?
|-
! Date !! A Lot !! Some !! Not Much !! Nothing
|-
| [[25 August]]-[[26 August]] [[2003]] || 10% || 40% || 25% || 25%
|-
| [[10 November]]-[[12 November]] [[2003]] || 12% || 41% || 25% || 22%
|-
| [[16 February]]-[[17 February]] [[2004]] || 13% || 46% || 27% || 14%
|-
| [[13 April]]-[[16 April]] [[2005]] || 13% || 28% || 28% || 29%
|-
<!-- From http://www.usatoday.com/news/polls/2006-01-09-poll.htm -->
| [[6 January]]-[[8 January]] [[2006]] || 17% || 59% || 18% || 6%
|}

==Expiration and reauthorization==

Under section 224, several of the surveillance portions (200-level sections) of the Act were originally to expire on [[December 31]], [[2005]]. The date was later extended to [[February 3]], [[2006]]. This extension was later extended again to [[March 10]], [[2006]]. The sunset provision excludes investigations that began before the expiration date. Those investigations may continue with the original Act's full powers.

The [[United States Senate]] voted to renew the Act on [[March 2]] [[2006]]. On [[March 7]] [[2006]], the House gave its final vote in approval of renewing the act. [http://www.bloomberg.com/apps/news?pid=10000087&sid=aHxwbmK64WGI&refer=top_world_news] ''The legislation to extend the statute will make all but two of its provisions permanent. The provisions in question are the authority to conduct "roving" surveillance under the Foreign Intelligence Surveillance Act (FISA) and the authority to request production of business records under FISA (USA PATRIOT Act sections 206 and 215, respectively). These provisions will expire in 4 years.''

Bush signed the reauthorization of the Act on [[March 9]], [[2006]]. After the public ceremony, he issued a "[[signing statement]]" to the effect that he would not feel bound to comply with some of the provisions of the law if they conflicted with other Constitutional laws. [http://www.whitehouse.gov/news/releases/2006/03/20060309-8.html] This statement, though common throughout his Presidency, has been negatively covered by the media
[http://www.boston.com/news/nation/washington/articles/2006/03/24/bush_shuns_patriot_act_requirement/] and criticized for an apparent intention to withhold information that the Act required him to provide to Congress. [http://freegovinfo.info/node/435]

===Provisions that would expire (original version)===
* §201. Authority To Intercept Wire, Oral, And Electronic Communications Relating To Terrorism.
* §202. Authority To Intercept Wire, Oral, And Electronic Communications Relating To Computer Fraud And Abuse Offenses.
* §203(b), (d). Authority To Share Criminal Investigative Information.
* §206. Roving Surveillance Authority Under The [[Foreign Intelligence Surveillance Act]] Of 1978.
* §207. Duration Of FISA Surveillance Of Non-United States Persons Who Are Agents Of A Foreign Power.
* §209. Seizure Of [[voicemail|Voice-Mail]] Messages Pursuant To Warrants.
* §212. Emergency Disclosure Of Electronic Communications To Protect Life And Limb.
* §214. [[Pen Register]] And [[trap and trace device|Trap And Trace]] Authority Under FISA.
* §215. Access To Records And Other Items Under FISA.
* §217. Interception Of Computer Trespasser Communications.
* §218. Foreign Intelligence Information. (Lowers standard of evidence for [[Foreign Intelligence Surveillance Act|FISA]] warrants.)
* §220. Nationwide Service Of Search Warrants For Electronic Evidence.
* §223. [[Civil liability]] For Certain Unauthorized Disclosures.
* §224. [[Sunset provision|Sunset]]. (self-cancelling)
* §225. [[Immunity (legal)|Immunity]] For Compliance With FISA [[Telephone tapping|Wiretap]].

===Provisions that are permanent (original version)===
* §203(a), (c). Authority To Share Criminal Investigative Information.
* §205. Employment of Translators by the [[Federal Bureau of Investigation]].
* §208. Designation Of Judges.
* §210. Scope Of [[Subpoena]]s For Records Of Electronic Communications.
* §211. Clarification Of Scope ([[privacy]] provisions of [[Cable TV Privacy Act]] overridden for communication services offered by [[Internet service|cable]] providers, but not for records relating to [[cable television|cable]] viewing.)
* §213. Authority For Delaying Notice Of The Execution Of A Warrant&mdash;"Sneak and Peek"
* §216. Modification Of Authorities Relating To Use Of [[Pen Register]]s And [[Trap and trace device|Trap And Trace]] Devices.
* §219. Single-[[Jurisdiction]] [[Search warrant|Search Warrants]] For [[Terrorism]].
* §221. [[Trade sanctions]].
* §222. Assistance To [[law enforcement agencies]].

==Congressional action==

On [[June 10]], [[2005]], during testimony at a [[United States House Committee on the Judiciary|House Judiciary Committee]] hearing on the reauthorization of the Act, Chairman [[F. James Sensenbrenner|James Sensenbrenner]],R-[[Wisconsin]] (one of the Act's authors) abruptly gaveled the proceedings to a close after Congressional Democrats and their witnesses launched into a broad denunciations of the [[War on Terror]] and the condition of detainees at [[Guantanamo Bay detainment camp|Guantanamo Bay]]. In frustration, Sensenbrenner declared, "We ought to stick to the subject. The USA PATRIOT Act has nothing to do with Guantanamo Bay. The USA PATRIOT Act has nothing to do with [[Unlawful combatant|enemy combatant]]s. The USA PATRIOT Act has nothing to do with [[indefinite detentions]]." He then gaveled the meeting to a close and walked out with the gavel. However, Congressman [[Jerrold Nadler]] and other witnesses continued speaking despite Sensenbrenner's departure, and [[C-SPAN]] cameras continued to roll after microphones in the hearing room had been turned off. [http://www.washingtonpost.com/wp-dyn/content/article/2005/06/10/AR2005061002110.html]

On [[July 21]], [[2005]], the House of Representatives passed HR3199, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, which would have removed certain sunset clauses entirely rather than renewing them or allowing them to be enacted. The act was introduced by Representative Sensenbrenner.

On [[December 16]], [[2005]], the Senate refused to end debate on legislation to renew the Act. The Senate fell seven votes short of invoking closure on the matter, leaving the future of the Act in doubt. The vote went as follows: Fifty Republicans as well as two Democrats voted unsuccessfully to end debate; Five Republicans, 41 Democrats and one independent voted to block.

On [[December 21]], [[2005]], the U.S. Senate came to a bipartisan agreement (S.2167) to extend by six months the expiring provisions of the Act. Under House rules, the House Judiciary Committee Chairman James Sensenbrenner had the authority to block enactment of the six-month extension. On the following day, [[December 22]] [[2005]], the House rejected the six-month extension and voted for a one-month extension, which the U.S. Senate subsequently approved later that night. Pending President Bush's signature, the provisions of the USA PATRIOT Act will remain in effect until [[February 3]], [[2006]].

On [[February 17]], [[2006]], the ''[[Washington Times]]'' reported:

:"Last week, Republican Sens. John E. Sununu of New Hampshire, Larry E. Craig of Idaho, Lisa Murkowski of Alaska and Chuck Hagel of Nebraska, all dropped their opposition to the bill after modifications were made that they said appeased their concerns about protecting civil liberties." [http://www.washtimes.com/national/20060217-125721-4105r.htm]

==Comparisons to historical laws and official acts==
*[[Reichstag Fire Decree]], [[Germany]], enacted [[February 28]], [[1933]] after the [[Reichstag fire]]
:The ''[[Reichstag Fire Decree|Decree of the Reich President for the Protection of People and State]]'' (Reichstag Fire Decree) and subsequent ''[[Enabling Act]]'' that empowered Adolf Hitler to seize control of Germany are often compared to the USA PATRIOT Act.[http://www.epic.org/privacy/terrorism/hr3162.html] The similarities are that both were passed after an act of terrorism, both were passed quickly, both limited civil liberties with the expressed purpose of protecting the people, and both were used in excess of their expressed purpose. The English translation of Article 1 of the ''DRPPPS'' states that the decree intends ''"...to restrict the rights to personal freedom, freedom of speech, including the freedom of the press, the freedom to organize and assemble, the privacy of letters, mail, telegraphs and telephones, order searches and confiscations and restrict property, even if this is not otherwise provided for by present law."'' The USA Patriot Act is not as explicit about its intentions, often wording the act in terms of what civil liberties and safeguards people have left.

:The Reichstag Fire Decree differs from the USA PATRIOT Act in that the ''DRPPPS'' more explicitly seizes states rights and associates the death penalty with many offenses. Additionally, some of the USA PATRIOT Act originally had a [[sunset provision]], whereas the set expiration date of the [[Enabling Act]] was dependent upon a succession of power, and the ''DRPPPS'' did not have a set expiration date. The USA PATRIOT Act and the Enabling Act were both passed by a freely elected Congress, whereas the ''DRPPPS'' was a "emergency decree" by the German president made at the behest of Chancellor Hitler.

:Although the USA PATRIOT Act differs in some respects, the Reichstag Fire Decree and subsequent Enabling Act are cited as examples of how giving up civil liberties in times of crisis can be used to legally overthrow a government's constitution from within.

*The [[Sedition Act of 1918]] is sometimes compared to the USA PATRIOT Act because of the latter's perceived [[chilling effect]] on free speech. However, the Sedition Act had the explicit and specific purpose of quelling anti-government speech while the nation was at war. The Sedition Act was repealed in 1921.

* [[Antiterrorism and Effective Death Penalty Act of 1996]] (AEDPA)
:The AEDPA is the direct predecessor of the USA PATRIOT Act and contains many provisions that were maintained and expanded by the USA PATRIOT Act, including those relating to terrorism, FISA, immigration, and so on. See David Cole's book, listed below in the critics section.

*[[COINTELPRO]] is thought of as similar to the USA PATRIOT Act in that it was allowed because of [[fear]] of an enemy (the [[Soviet Union]] in this case) and permitted actions that would not be acceptable during peacetime. The primary similarity in content was that invasion of privacy could be carried out in secrecy without probable cause if the investigator felt that it was necessary for national security.{{Fact|date=February 2007}}

==See also==
*[[At the Center of the Storm: My Years at the CIA]]
* [[USA PATRIOT Act controversy]]
* [[US governmental response to the September 11, 2001 Terrorist Attacks|U.S. governmental response to the September 11 attacks]]
* [[Homeland security]]
* [[Alien and Sedition Acts]]
* [[Benjamin Franklin True Patriot Act]]
* [[Domestic Security Enhancement Act of 2003]], also known as PATRIOT II.
* [[ACLU v. Ashcroft (2004)]] — the court opinion mentions the PATRIOT Act three times but provisions of the USA PATRIOT Act were not adjudicated. [http://www.manhattan-institute.org/html/_ws-taking_dictation.htm]
* [[Red Squad]]
* [[Security and Freedom Ensured Act]]
* [[Bank Secrecy Act]]
* [[Ohio Patriot Act]]
* [[Patriot Debates]]
* [[Mass surveillance]]
* [[Dismissal of U.S. attorneys controversy]]

==Notes==
<references/>

==External links and references==
{{wikisource|USA PATRIOT Act}}
===Government sources===
*'''The Act began as House Resolution (H.R.) 3162.'''
:*[http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.3162.ENR: H.R. 3162, full text]
:*[http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162: H.R. 3162, Bill Summary and Status]
:*[http://thomas.loc.gov/cgi-bin/bdquery/z?d107:HR03162:@@@L&summ2=m& H.R. 3162, all information]
:*[http://clerk.house.gov/evs/2001/roll398.xml H.R. 3162, Vote Summary (House)]
:*[http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=107&session=1&vote=00313 H.R. 3162, Vote Summary (Senate)]
*[http://www.lifeandliberty.gov/index.html "The USA PATRIOT Act: Preserving Life and Liberty"] by the Department of Justice
*'''2005 renewal:'''
:*[http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.03199: H.R. 3199, Bill Summary and Status]
:*[http://leahy.senate.gov/press/200110/102401a.html Section-by-section summary] by Senator Patrick Leahy

===Supportive views===
*[http://www.heritage.org/Research/HomelandDefense/wm612.cfm The Patriot Act and Related Provisions: The Heritage Foundation's Research]
*[http://www.nationalreview.com/lowry/lowry082803.asp Patriot Hysteria] — The Zacarias Moussaoui Protection Act, article by Rich Lowry, [[National Review]]
*[http://www.aei.org/publications/pubID.19661,filter./pub_detail.asp The Patriot Act under Fire] by law professors John Yoo and Eric Posner, [[December 23]] [[2003]]
*[http://jurist.law.pitt.edu/forumy/2006/03/patriot-act-reauthorized.php The Patriot Act, Reauthorized], [[JURIST]]

===Critical views===
*[http://jurist.law.pitt.edu/forumy/2006/01/patriot-games-terrorism-law-and.php PATRIOT Games: Terrorism Law and Executive Power], [[JURIST]]
*[http://www.loyalnine.com The Loyal Nine], youth based civil liberties organization against the USA PATRIOT Act
*[http://www.aclu.org/safefree/general/17203leg20030214.html "Domestic Security Enhancement Act of 2003" also known as "PATRIOT Act II"] by Timothy H. Edgar
*[http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=11294&c=207 ACLU: 7 State Governments and over 389 Local Governments Pass Resolutions Denouncing The USA PATRIOT Act]
*[http://www.ala.org/cfapps/archive.cfm?path=washoff/Patriotres.html American Library Association's Resolution on the PATRIOT Act]
*[http://www.amnestyusa.org/waronterror/patriotact/ "War on Terror" Human Rights Issues] ''Amnesty International USA'' — Denial Of Rights: Amend the USA PATRIOT Act Now!
*[http://truthout.com/docs_02/04.02A.JVB.Patriot.htm Jennifer Van Bergen, Repeal the USA PATRIOT Act] A six-part series analyzing the Act.
*[http://reclaimdemocracy.org/civil_rights/govpower_enhancement_act.html Beware of the "Domestic Security Enhancement Act"] by activist group ReclaimDemocracy.org
*[http://bordc.org Bill of Rights Defense Committee]: community-level initiatives opposing the Act
*[http://www.eff.org/Privacy/Surveillance/Terrorism/20011031_eff_usa_patriot_analysis.php Electronic Frontier Foundation's detailed analysis of the Act], [[October 27]] [[2003]]
*[[Moveon.org|Moveon.org Voter Fund]]: [http://www.bushin30seconds.org/150/view.html?ad_id=2236 Video contest entry criticizing the PATRIOT Act]
*[http://www.alternet.org/story.html?StoryID=15770 Patriot Raid], by Jason Halperin, [[AlterNet]], [[April 29]] [[2003]] — alleged account of raid and detention under auspices of the Act
*[http://slate.msn.com/id/2087984/ Should you be scared of the Patriot Act?] — analysis by Dahlia Lithwick, [[Slate.com|Slate]]
*[http://feingold.senate.gov/~feingold/statements/01/10/102501at.html Statement Of U.S. Senator Russ Feingold On The Anti-Terrorism Bill], [[October 25]] [[2001]]
*[http://www.fas.org/irp/congress/2003_cr/s1552.html Protecting the Rights of Individuals Act 2003]: Proposed Senate bill to limit USA PATRIOT Act
*[http://slashdot.org/article.pl?sid=01/09/17/1758231&mode=nocomment Thousands dead, millions deprived of civil liberties?], by [[Richard Stallman]], [[September 17]] [[2001]]
*[http://www.pen.org/page.php/prmID/438 Analysis of the USA PATRIOT Act]: [[PEN American Center]]
* T.J. Rodgers. [http://www.commondreams.org/views05/1229-35.htm U.S. gets closer to Orwell's Big Brother], ''San Jose Mercury News'', [[December 29]] [[2005]].
*[http://www.lwv.org/AM/Template.cfm?Section=Individual_Liberties&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=23&ContentID=990 League of Women Voters' Resources on the USA PATRIOT Act and Individual Liberties]
*[http://pas.squarespace.com/display/ShowJournal?moduleId=1149921&creatorId=159288 The Patriot Act in Violation of Civil Liberties]

===Other===
*[http://www.acluprocon.org/bin/procon/procon.cgi?database=5%2dJ%2dSubs%2edb&command=viewone&id=4&op=t&ct=d Pros vs. Cons Examination of the USA PATRIOT Act]
*[http://jurist.law.pitt.edu/currentawareness/patriot.php Patriot Act news and resources], [[JURIST]]
*Video Debate: [http://www.c-span.org/Search/basic.asp?ResultStart=1&ResultCount=10&BasicQueryText=dean+owens+terrorism Howard Dean and Governor Bill Owens (R-CO), debate the USA PATRIOT Act, [[August 9]] [[2004]]] (Real Player required)
*[http://volokh.com/archives/archive_2004_10_14.shtml#1098119066 More on Wikipedia and its PATRIOT Act overview]; Volokh Conspiracy, Orin Kerr
<!-- Dead Link *1996: [http://www.originaldissent.com/forums/showpost.php?p=126892&postcount=1 Laws proposed by ADL and AIPAC that were later incorporated into the USA PATRIOT Act] -->
*[http://digital.library.unt.edu/govdocs/crs/search.tkl?q=patriot&search_crit=title&search=Search&date1=Anytime&date2=Anytime&type=form Read Congressional Research Service (CRS) Reports regarding the USA PATRIOT Act]
*[http://campaigns.wikia.com/wiki/PATRIOT_Act PATRIOT Act] at [[Wikia]]
*[http://encarta.msn.com/sidebar_701713501/Is_the_Patriot_Act_Unconstitutional.html Is the Patriot Act Unconstitutional?] - ''[[Encarta]]''

===Law review articles===
*Chesney, Robert M. [http://www.law.harvard.edu/students/orgs/jol/vol42_1/chesney.php "The Sleeper Scenario:] Terrorism Support Laws and the Demands of Prevention". ''[[Harvard Journal on Legislation]]'' (2005).
*Gouvin, Eric J. [http://www1.law.wnec.edu/faculty/index.cfm?selection=doc.3146 "Bringing Out the Big Guns:] The USA PATRIOT Act, Money Laundering and the War on Terrorism". ''[[Baylor Law Review]]'' 55 (2003): 955.
*Kerr, Orin. [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=594101 "Digital Evidence and the New Criminal Procedure"]. ''[[Columbia Law Review]]'' (2005).
*Slovove, Daniel J. [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=786266 "Fourth Amendment Codification and Professor Kerr's Misguided Call for Judicial Deference"]. ''[[Fordham Law Review]]'' 74 (2005).
*Van Bergen, Jennifer. "In the Absence of Democracy: The Designation and Material Support Provisions of the Anti-Terrorism Laws". ''Cardozo Pub. [?] Law Policy & Ethics Journal'' 2 (2003): 107.
*Wong, Kam C. "Implementing the USA PATRIOT Act: A Case Study of the Student and Exchange Visitor Information System (SEVIS)". ''[[Brigham Young University Education and Law Journal]]'' 2 (2006).
*–––. "The making of the USA PATRIOT Act I: Legislative Process and Dynamics". ''[[International Journal of the Sociology of Law]]'' 34.3 (2006): 179–219.
*–––. "The making of the USA PATRIOT ACT II: Public Sentiments, Legislative Climate, Political Gamesmanship, Media Patriotism". ''[[International Journal of the Sociology of Law]]'' 34.2 (2006): 105-140.
*–––. "USA PATRIOT Act and a Policy of Alienation". ''[[Michigan Journal of Minority Rights]]'' 1 (2006): 1–44.
*–––. "USA PATRIOT Act: Some Unanswered Questions". ''[[International Journal of the Sociology of Law]]'' 43.1 (2006): 1-41.

===Books===
*Cole, Dave, and James X. Dempsey. ''Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security''. 2nd ed. New York: W. W. Norton & Co., 2002. ISBN 1-56584-782-2. (Full discussion of prior legislative history of the Act, going back more than ten years.)
*Mailman, Stanley, [[Jeralyn Merritt|Jeralyn E. Merritt]], Theresa M. B. Van Vliet, and Stephen Yale-Loehr. ''Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001: An Analysis''. Newark, NJ and San Francisco, CA: Matthew Bender & Co., Inc. (a member of the [[LexisNexis]] Group), 2002. (Rel.1-3/02 Pub. 1271) ("An expert analysis of the significant changes in the new USA Patriot Act of 2001 [which]...track[s] the legislation by section, explaining both the changes and their potential impact with respect to: enhanced surveillance procedures;money laundering and financial crimes; protecting the border; investigation of terrorism; information sharing among federal and state authorities; enhanced criminal laws and penalties for terrorism offenses, and more.")
*Michaels, C. William. ''No Greater Threat: America Since September 11 and the Rise of the National Security State''. Algora Publishing, 2002. ISBN 0-87586-155-5. (Covers all ten titles of the USA PATRIOT Act; an updated version, including discussion of amendments and complements to the Act, is just completed but not yet available.)
*Van Bergen, Jennifer. ''The Twilight of Democracy: The Bush Plan for America''. Common Courage Press, 2004. ISBN 1-56751-292-5. (A constitutional analysis for the general public of the USA PATRIOT Act and other administrative measures, with the first half of the book spent on principles of democracy and constitutional law.)
*Brasch, Walter. ''America's Unpatriotic Acts: The Federal Government's Violation of Constitutional and Civil Rights.'' Peter Lang Publishing , 2005. ISBN 0820476080 (A long list of civil rights abuse claims by the Bush Administration inside the United States and other countries.)
*Kam C. Wong, "The Impact of USA Patriot Act on American Society: An Evidence Based Assessment" (N.Y.: Nova Press, 2007) (In print)
*Kam C. Wong, "The Making of USA Patriot Act: Legislation, Implementation, Impact" (Beijing: China Law Press, 2007) (In print)

{{War on Terrorism}}
[[Category:Civil rights abuses]]
[[Category:Dismissal of United States Attorneys controversy]]
[[Category:Privacy]]
[[Category:Terrorism laws]]
[[Category:USA PATRIOT Act|*]]
[[Category:United States federal defense and national security legislation]]
[[Category:United States federal criminal legislation]]

[[da:USA PATRIOT Act]]
[[de:USA PATRIOT Act]]
[[fr:USA PATRIOT Act]]
[[id:Patriot Act]]
[[it:USA PATRIOT Act]]
[[nl:USA PATRIOT Act]]
[[no:USA PATRIOT Act]]
[[pl:USA Patriot Act]]
[[fi:USA PATRIOT Act]]
[[sv:Patriot Act]]
[[th:USA PATRIOT Act]]

Revision as of 01:07, 19 June 2007

Jean-Baptiste Carpeaux's marble sculpture 'Ugolino and his Sons', Metropolitan Museum of Art
La Danse (The Dance), Opera Garnier in Paris
Wikimedia Commons has media related to Jean-Baptiste Carpeaux.

Jean-Baptiste Carpeaux (May 11, 1827, Valenciennes –October 12, 1875, Courbevoie) was a French sculptor and painter. His early studies were under François Rude. Carpeaux won the Prix de Rome in 1854, and moving to Rome to find inspiration, he there studied the works of Michelangelo, Donatello and Verrocchio. Staying in Rome from 1854 to 1861, he obtained a taste for movement and spontaneity, which he joined with the great principles of baroque art. In 1861 he made a bust of Princess Mathilde, and this later brought him several commissions from Napoleon III. He worked at the pavilion of Flora, and the Opéra Garnier. His group La Danse (the Dance, 1869), situated on the right side of the façade, was criticised as an offence to common decency.

He never managed to finish his last work, the famous Fountain of the Four Parts of the Earth, on the Place Camille Jullian. He did finish the terrestrial globe, supported by the four figures of Asia, Europe, America and Africa, and it was Emmanuel Frémiet who completed the work by adding the eight leaping horses, the tortoises and the dolphins of the basin.

Sculptures by Carpeaux

Neapolitan Fisherboy

Carpeaux submitted a plaster version of Pêcheur napolitain à la coquille, the Neapolitan Fisherboy, to the French Academy while a student in Rome. He carved the marble version several years later, showing it in the Salon exhibition of 1863. It was purchased for Napoleon III's empress, Eugènie. The statue of the young smiling boy was very popular, and Carpeaux created a number of reproductions and variations in marble and bronze. There is a copy, for instance, in the Samuel H. Kress Collection in the National Gallery of Art in Washington D.C.

Some years later, he carved the Girl with a Shell, a very similar study.

Carpeaux sought real life subjects in the streets and broke with the classical tradition. The Neapolitan Fisherboy's body is carved in intimate detail and shows an intricately balanced pose. Carpeaux claimed that he based the Neapolitan Fisherboy on a boy he had seen during a trip to Naples.

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Patriot_Act&oldid=139104583"