Actions that violate the Patriot Act generally fall into two categories: criminal offenses defined or expanded by the Act (such as providing material support to terrorists, laundering money, or operating unlicensed money transmitters) and constitutional violations—where the Act itself has been challenged for infringing on civil rights. [1, 2, 3, 4]
1. Criminal Violations of the Act (What you cannot do)
The Patriot Act expanded federal powers to prosecute and penalize actions that threaten national security or financial systems: [1, 2]
- Providing Material Support: It is a crime to provide material support or resources (funding, training, personnel, or services) to designated foreign terrorist organizations. [1, 2]
- Money Laundering & Terrorist Financing: The Act severely criminalizes laundering money, handling transactions for illegal arms dealers, or providing financial channels used for illicit operations. [1, 2]
- Running Unlicensed Money Transmitting Businesses: Engaging in, controlling, or managing a money-transmitting business without a proper license or registration is a federal offense. [1, 2]
- Mass Transportation Sabotage: It is a federal crime to carry out, attempt, or conspire to commit acts of violence against mass transit systems or infrastructure. [1, 2]
2. Constitutional Violations by the Act (How the government may overstep)
Since its passage, civil rights groups and legal scholars have argued that parts of the Patriot Act itself violate the U.S. Constitution: [1, 2]
- Fourth Amendment (Unreasonable Searches & Seizures): The Act allows the FBI to use administrative orders called National Security Letters (NSLs) and Section 215 orders to seize personal records, financial data, and internet activity without prior judicial approval or a showing of probable cause. [1, 2, 3, 4, 5]
- First Amendment (Free Speech & Association): Critics argue the Act infringes on the right to free speech by authorizing investigations of citizens in part for their expressive activities. Furthermore, it imposes “gag orders” that make it a criminal offense for the recipient of an NSL to tell anyone that the government requested their data. [1, 2, 3]
You can read more about ongoing legal challenges and civil rights disputes regarding this legislation on the American Civil Liberties Union Surveillance Page. [1]
