In the post-9/11 era, the USA PATRIOT Act dramatically expanded government surveillance capabilities, allowing intelligence agencies to access private records, conduct secret searches, and monitor communications with little to no oversight.1 Most importantly, the Act removed the requirement to present evidence that subjects of searches were “agents of a foreign power,” eliminating a safeguard that once protected citizens from warrantless surveillance.2 As Figure 1 illustrates, public sentiment in the aftermath of 9/11 reflected a willingness to sacrifice certain civil liberties in the name of national security, with many Americans supporting expanded federal authority. Despite the Act’s expiration in 2020, many of the provisions enumerated by the Act remain intact and continue to influence U.S. counterterrorism policies today.

However, these tactics often foster a climate of fear and self-censorship, discouraging individuals from engaging in political activism. The long-lasting ramifications of these policies extend beyond legal consequences — they damage communities, instill panic, and threaten the very freedoms that American democratic institutions claim to hold dearly. Abuses of federal authority persist as successive administrations have capitalized on these legislative powers, embedding ethnic and religious profiling into national security policies. The intensification of government surveillance poses a grave threat to the civil liberties of activists and ordinary citizens alike. Not only does it erode the right to privacy, but it also stifles political dissent, making it harder for individuals to oppose injustice.

This white paper will first examine the ongoing proliferation of the surveillance state, analyzing the ways in which government monitoring continues to grow in scope. It will then address the potential dangers this expansion may entail for those seeking to engage in activism and ultimately establish a direct linkage between increased surveillance and its tangible impact on protestors. By tracking the legal and technological advancements that have facilitated unchecked government monitoring, this paper aims to equip civil liberties organizations and advocacy groups with the information necessary to adequately advocate for stronger oversight, transparency, and public awareness efforts.