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54 pages 1 hour read

Little Brother

Fiction | Novel | YA | Published in 2008

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Background

Historical Context: USA Patriot Act and Right to Privacy

In 2001, just six weeks after the 9/11 terrorist bombing of the World Trade Center in New York City, the United States government enacted the USA Patriot Act. This Act revised surveillance laws, expanding the government’s authority to spy on citizens and reducing checks and balances on judicial oversight, public accountability, and the ability to challenge governmental searches in court. The government could now rifle through an individual’s records held by doctors, banks, universities, or the Internet. They could track travel patterns or reading preferences. To obtain permission for these searches, which often violated the Fourth Amendment’s guarantee to an expectation of privacy against unreasonable search and seizures, the government no longer had to show evidence that the search subjects were agents of a foreign power nor that the records themselves were related to criminal authority, discarding the need for probable cause that is also listed in the Fourth Amendment to the Constitution. The Patriot Act was renewed in various forms until 2020, when it was passed over for renewal by the House of Representatives.

Doctorow’s criticism of the Patriot Act is overt in the novel; the argument that if one has nothing to hide, one has nothing to fear ties directly to Marcus’s reaction when he is asked for his passwords.

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