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This study investigates about the meaning of the USA PATRIOT Act of 2001. The purpose of this study is to illustrate the meaning of the USA PATRIOT Act from an archaeological perspective (in the Foucauldian sense). Rather than accepting the Act and its formulations this study excavates the discursive elements that give meaning to the Act within the current socio-political sphere. In this sense this is a Foucauldian archaeology of patriotism in the United States of America illustrated and explicated through the current discourse created by the USA PATRIOT Act. Moreover, this research intends to illustrate how the patriotic discourse affects our current spatial practices. By analyzing the contemporary patriotic discourse through the lens of spatial theory what is sought is to briefly sketch the conceptual landscapes that are created through this discourse. This study applies the concepts and theories of Michel Foucault, Edward Soja, and Homi Bhabha as well as other postcolonial theorists to analyze the USA PATRIOT Act as a discourse that is linked and shaped by history and a discourse that is active in the design and content of our spaces.

This thesis takes a closer look at the USA Patriot Act and the literary debate that has followed the passing of that Act. The aim of the thesis is to define what freedom is for the two opposing sides using McCallum's freedom model. The literary analysis shows that the most common argument from authors who are pro Act is that in desperate times like these one must relinquish a part of the individual's freedom to ensure the safety of the collective. Amongst those authors who are against the Act concerns are raised for the possibilities of abuse as a result of increased government power such as the ability to detain immigrants for long periods of time, surveillance and increased exchange of information between federal agencies.

This research will analyze the impact of bipartisan politics and the media's conflicting role in influencing public perceptions regarding national security issues. The central focus is on popular media narratives, critically examined as an impediment to fostering unified public solidarity or opposition regarding the enactment of controversial legislation. In light of the increase in geopolitical conflict and the pervasive nature of terrorism, this study attempts to analyze the media's public role versus the privacy of clandestine agencies whose policies, albeit controversial address critical national security concerns. As a result, the conflict inherent between institutional and public spheres provides the groundwork for discursive and objective analysis.Empirical data collection and critical analysis of relevant materials; academic journals, online archives and published works by individuals active in media and national security, provide the primary source of qualitative data. Research was primarily inductive. Analysis effectively combined data from various qualitative sources in an effort to justify the central hypothesis. Contemporary tragic events also provided a supplemental source of relevant content. It is important to note, such events resonate with the rationalization arrived at in the conclusion.The principle aim of this research was to address the question: Does the media's promotion of the bipartisan political agenda impede or enhance national security policies? In addition, is the role of the media reflective of state subservience or does the media actively challenge national security initiatives, e.g. curtailing of civil liberties, human rights violations and loss of constitutional freedoms? The analysis further subjected by cross-disciplinary inquiry and academic theories pertinent to achieving the principle aims of this research.The theoretical framework and methodology utilized was consistent with political discourse analysis (PDA), specifically textual, as all discursive elements were present within the collected source materials. Additional analysis utilizing mediatization and audience theories provides the proper contextualization within communicative and media studies. Contemporary events surrounding geopolitical conflict, race relations and terrorism in relation to the institutional and international response, provides further demonstrable results, which is commensurate with the overall conclusions of this study.The outcome and results of this research indicate that mainstream media provides both a support role, emphasizing status quo narratives concerning national and international political perspectives and policy, and also a contradictory role impeding domestic solidarity by exacerbating political division along the usual bipartisan lines. The specific focus on legislation that results in expanding judicial powers surrounding national security concerns. Such policies often interpreted as contrary to the preservation of domestic freedoms. These findings correlate with Couldry and Hepp's notions of institutionalist mediatization theory regarding the media as innately powerful agents of change, imparting influence on audiences and non-media actors.

Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal activities. The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s anti-money laundering regime. Like its international counterparts FICA imposes onerous duties on banks seeing that they are most often used by criminals as conduits to launder the benefits of crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the idiosyncrasies of the South African anti-money laundering regime and forwards recommendations aimed at improving its structure. To this end nine issues in relation to money laundering control and banks are investigated. The investigation fundamentally reveals that money laundering control holds unforeseen consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example, the filing of a suspicious transaction report. However, if the bank files a suspicious transaction report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank parted with the benefits of fraud or theft whilst suspecting that the account holder may not be entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover loss suffered at the hand of the fraudster or thief from the bank. Ultimately, this study illustrates that amendment of some of the provisions of South Africa’s anti-money laundering legislation should enable banks to manage the aforementioned and other unforeseen consequences of money laundering control whilst at the same time contribute to the South African anti-money laundering effort. / Criminal and Procedural Law / Mercantile Law / LL.D.

Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal activities. The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s anti-money laundering regime. Like its international counterparts FICA imposes onerous duties on banks seeing that they are most often used by criminals as conduits to launder the benefits of crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the idiosyncrasies of the South African anti-money laundering regime and forwards recommendations aimed at improving its structure. To this end nine issues in relation to money laundering control and banks are investigated. The investigation fundamentally reveals that money laundering control holds unforeseen consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example, the filing of a suspicious transaction report. However, if the bank files a suspicious transaction report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank parted with the benefits of fraud or theft whilst suspecting that the account holder may not be entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover loss suffered at the hand of the fraudster or thief from the bank. Ultimately, this study illustrates that amendment of some of the provisions of South Africa’s anti-money laundering legislation should enable banks to manage the aforementioned and other unforeseen consequences of money laundering control whilst at the same time contribute to the South African anti-money laundering effort. / Criminal and Procedural Law / Mercantile Law / LL.D.

Imagine a world where someone’s personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. Government entities have been doing this for years; they never cared if they were breaking the law or their moral compass of human dignity. Every day the Federal government blatantly siphons data with programs from the original ECHELON to the new series like PRISM and Xkeyscore so they can keep their tabs on issues that are none of their business; namely, the personal lives of millions. Our allies are taking note; some are learning our bad habits, from Government Communications Headquarters’ (GCHQ) mass shadowing sharing plan to America’s Russian inspiration, SORM. Some countries are following the United States’ poster child pose of a Brave New World like order of global events. Others like Germany are showing their resolve in their disdain for the rise of tyranny. Soon, these new found surveillance troubles will test the resolve of the American Constitution and its nation’s strong love and tradition of liberty. Courts are currently at work to resolve how current concepts of liberty and privacy apply to the current conditions facing the privacy of society. It remains to be determined how liberty will be affected as well; liberty for the United States of America, for the European Union, the Russian Federation and for the people of the World in regards to the extent of privacy in today’s blurred privacy expectations.