Majority Believes U.S. Law Enforcement is Using Its Expanded Investigative Powers Properly in Terrorist Cases But Over Two-Thirds Worry About Insufficient Civil Liberty Safeguards

Overall, the U.S. public continues to give the Bush administration and law enforcement fairly high marks in preventing terrorist attacks in the United States. However, there is still public concern about how surveillance powers are being used by law enforcement.

In addition, since September 2004 the percentage of adults who feel that a major terrorist attack will take place in this country in the next 12 months has declined from 67 percent who said it was at least somewhat likely to a current 55 percent who feel this way.

These are the results of a nationwide Harris Poll of 1,015 U.S. adults surveyed by telephone by Harris Interactive^® between June 7 and 12, 2005.

Some of the key findings from this survey include:

• By 55 to 43 percent, a majority of U.S. adults feel that it is very (15%) or somewhat (40%) likely that there will be a major terrorist attack in the next 12 months. This is a decrease from the 67 to 28 percent who felt this way last September.
• The Bush administration receives a 57 to 42 percent positive rating on the job it has done in preventing a new terrorist attack. However, this is down from the 62 to 37 percent positive rating in September and the 70 to 30 percent positive rating in February 2004.
• Just under one in five (18%) U.S. adults feel that the government’s anti-terrorist program has taken quite a lot or a great deal of their own personal privacy away. This remains unchanged from September. Another 24 percent feel they have lost a moderate amount of privacy and 57 percent say that they have lost a little or none at all.
• Overall, when it comes to the possibility of terrorist threats, a 57 percent majority feels that U.S. law enforcement is using its expanded surveillance powers in a proper way. A third (34%) feels they are not using these expanded powers in a proper way.

Since September 2001 The Harris Poll^® has explored this issue many times. The U.S. public continues to show strong support for tough surveillance measures though there are a few circumstances where change has taken place including:

• Three-quarters (76%) of U.S. adults continue to support "expanded undercover activity to penetrate groups under suspicion," though this is down from the 82 percent who felt this way in September 2004 (and 93% in September 2001).
• Six in ten (62%) favor "closer monitoring of banking and credit card transactions to trace funding sources" down from 67 percent last September (and 81% in September 2001).

Others with little change include:

• Eighty-one percent continue to favor "stronger document and physical security checks for travelers," down slightly since last September’s 83 percent (and 93% in September 2001).
• Six in ten (61%) favor "adoption of a national I.D. system for all U.S. citizens" virtually unchanged from last September’s 60 percent (and down from 68% in September 2001).
• Those who favor "law enforcement monitoring of Internet discussions in chat rooms and other forums" has decreased slightly from 59 percent last September to a current 57 percent. This is lower than the 63 percent who felt this way in September 2001.
• Fifty-nine percent continue to support "expanded camera surveillance on streets and in public places," virtually unchanged from the 60 percent who felt this way in September (63% in September 2001).
• Those who favor "expanded government monitoring of cell phones and email to intercept communications" has decreased to 37 percent, with 60 percent opposed. Last September, a somewhat higher 39 percent minority favored this.

Notwithstanding this strong support for tough surveillance measures and overall confidence that law enforcement will use its expanded powers in a proper way, majorities continue to have at least moderate reservations that judges, law enforcement agencies, Congress and the White House might abuse these powers in hypothetical situations. Specifically:

• Three-quarters (76%) of U.S. adults have at least moderate concern that "Congress would not include adequate safeguards for civil liberties when authorizing these increased powers."
• Seventy-five percent have high or moderate concerns that "judges who authorize investigations would not look closely enough at the justification of that surveillance."
• Over seven in 10 (72%) have moderate to high concern that "the White House would not issue proper rules for legal due process for government surveillance programs."
• Over two-thirds (68%) have moderate or high concern that "law enforcements agencies would investigate legitimate political and social groups."

Commenting on these results, Dr. Alan F. Westin of Columbia University and President of Privacy and American Business states: "When 68 to 76 percent of the public voices concerns that basic civil liberty safeguards may not be present in the government’s anti-terrorist programs, this sends a very strong message to national policy makers. Four years after 9/11, a heavy public majority is looking to Congress and the courts to see that the Executive Branch builds appropriate privacy, due process, and equal-protection mechanisms into current anti-terrorist operations. This seems especially relevant for those anti-terrorist operations such as frequent traveler screening and general email monitoring that put most citizens – not just targeted suspects -- under investigative scrutiny."

"Here are some increased powers of investigation that law enforcement agencies might use when dealing with people suspected of terrorist activity, which would also affect our civil liberties. For each, please say if you would favor or oppose it."

Base: All Adults

(Continued)

"Now, here are some concerns that people might have about the way these increased powers might be used by law enforcement. Would you say you have high concern, moderate concern, not much concern, or no concern at all about each of the following possibilities?"

Base: All Adults

"Overall, thinking about the possibility of terrorist threats, do you feel that U.S. law enforcement is using its expanded surveillance powers in a proper way, or not?"

Base: All Adults

"How would you rate the job that the Bush Administration has done preventing a terrorist attack in the United States since September 11, 2001 – excellent, pretty good, only fair, or poor?"

Base: All Adults

* Less than 0.5%.

"How much do you feel government anti-terrorist programs have taken your own personal privacy away since September 11, 2001?"

Base: All Adults

* Less than 0.5%.

"How likely do you think it is that there will be a major terrorist attack in this country in the next twelve months?"

Base: All Adults

* Less than 0.5%.

The Harris Poll^® was conducted by telephone within the United States between June 7 and 12, 2005 among a nationwide cross section of 1,015 adults (aged 18 and over). Figures for age, sex, race, education, number of adults, number of voice/telephone lines in the household, region and size of place were weighted where necessary to align them with their actual proportions in the population.

In theory, with a probability sample of this size, one can say with 95 percent certainty that the results have a sampling error of plus or minus 3 percentage points of what they would be if the entire U.S. adult population had been polled with complete accuracy. Unfortunately, there are several other possible sources of error in all polls or surveys that are probably more serious than theoretical calculations of sampling error. They include refusals to be interviewed (nonresponse), question wording and question order, interviewer bias, weighting by demographic control data and screening (e.g., for likely voters). It is impossible to quantify the errors that may result from these factors.

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