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The laws passed after the attacks

Subject: the expansion of surveillance and war powers

In the weeks after the attacks, powers that had failed to pass for years were enacted with almost no deliberation — and some were later found unlawful.

Illustration accompanying the archive entry on The laws passed after the attacks
Illustration: a redacted-document texture. Not a reproduction of an actual file.

01The allegation

The suspicion, in this case, is a matter of record: that a crisis was used to enact surveillance and war powers that would not otherwise have survived debate.

02Origin

The USA PATRIOT Act was introduced and signed within about six weeks of the attacks. The final text ran hundreds of pages; members of Congress have said on the record they had no realistic opportunity to read it before voting. Much of its content had circulated in earlier proposals that had failed. The Authorization for Use of Military Force, passed on 14 September 2001 with a single dissenting vote in the House, ran to roughly sixty words. The Homeland Security Act of 2002 created the largest federal reorganisation in half a century, and the Transportation Security Administration was stood up in the same period.

03What's known

What the powers became is documented. Section 215 was used to justify bulk collection of domestic telephone metadata, a use not evident from the text and unknown to the public until the 2013 disclosures; in 2015 a Justice Department inspector-general review reported that the FBI could identify no major case development attributable to the Section 215 records, and in 2020 the Ninth Circuit held that the bulk telephony metadata programme had been unlawful. The Foreign Intelligence Surveillance Court itself found, in opinions later declassified, that the government had repeatedly misrepresented the scope of its collection to the court. National security letters were expanded and issued in the hundreds of thousands with gag provisions attached, and a 2007 inspector-general report documented widespread improper use; the gag provisions were narrowed after courts found them constitutionally defective. The sixty-word AUMF was subsequently read to authorise operations in countries and against groups that did not exist in 2001, and it remains in force. Section 215 lapsed in 2020. This entry is not a claim about who planned the attacks. It is the record of what was done afterwards, and it is one of the reasons official reassurance about 9/11 is met with suspicion.

Documented risk

Documented case. Every item here is in the public statutory and judicial record.