Balancing Privacy, Public Safety, and Network Security Concerns after September 11

n the aftermath of the September 11, 2001, terrorist attacks on America, Congress and the President acted swiftly to pass new legislation to make it easier for federal, state, and local law enforcement to investigate and avert suspected acts of terrorism. On October 26, 2001, President Bush signed into law the U.S.A. PATRIOT Act of 2001 (PATRIOT Act, or “the Act”). As indicated by its short title — “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” — the PATRIOT Act was promulgated with the paramount goal of seriously enhancing the ability of America’s intelligence and law enforcement communities to proactively prevent terrorism. True to its aim, the Act provides literally scores of amendments to existing federal statutes, all of which, to varying degrees, remove obstacles to investigating terrorist acts and acts related to or in furtherance of terrorism. At the same time, the PATRIOT Act’s broad amendments present a number of new concerns for all businesses operating in the Internet age. As critical financial and technological infrastructures continue to serve legitimate and illicit needs — from legitimately driving America’s struggling economy to unwittingly serving as the platforms for illegal international money laundering by terrorists and their sympathizers — business owners face the threat of a “dragnet” approach to surveillance and investigation of suspected terrorists and terrorism. To I S E C U R I T Y M A N A G E M E N T