Essay On Foreign Intelligence Surveillance Act

Today, Canadian’s lives today are as translucent as ever. Most organizations especially the government constantly watches each and every one of our moves. By definition, surveillance is any systematic focus on any information in order to influence, manage, entitle, or control those whose information is collected. (Bennet et Al, 6). From driving to the shopping mall to withdrawing money from the ATM machine, Canadians are being watched constantly. With Canada’s commitment to advance technology and infrastructure in the 1960s, government surveillance is much easier and much more prevalent than it was hundreds of years ago. Even as early as 1940s, the Dominion Bureau of Statistics used punch cards and machines to determine who is available

The Foreign Intelligence Surveillance Act (FISA) was originally enacted to protect entities from abuse of surveillance for national security reasons. FISA contains policies associated with the process of gathering foreign intelligence by the intelligence community for national security reasons (Addicott & McCaul, 2008, p. 46-47). FISA also consisted of a secret court, known as the Foreign Intelligence Surveillance Court (FISC), which had eleven unnamed federal judges who issued warrants regarding surveillance or searches for the intelligence community, and a court review board, which consisted of three federal judges who reviewed the actions of the secret court. After the passing of the Patriot Act by the Bush Administration, the NSA was essentially given full authority to collect information on citizens without a warrant, thereby circumventing the FISC, and Bush fully defended the NSA, stating “‘The activities I have authorized make it more likely that killers like these 9/11 hijackers will be identified and located in time.’” (Schwartz 2009

     The United States of America is a country that is based upon a principle of balancing the rights of an individual, while still preserving public order. The U.S. Constitution (specifically the Bill of Rights) guarantees every American certain Individual rights. Some of these rights include; freedom from unreasonable search and seizures, a right to due process of law, and protection against cruel and unusual punishment (The 4th, 5th and 8th Amendments). Historically the criminal justice system has preserved these rights of peopled accused of crimes. However on September 11, 2001, the United States became the victim of the largest terrorist attack the World has ever seen. According to Schmalleger in 2003, that

One beautiful morning in September 2001 many people went about their day like they have before. Some off to work, or traveling for business, or to visit family, and in a blink of an eye our lives in America changed forever. We were attacked, on our own soil, not once, but four times. That fourth plane didn’t make it to its destination, thanks to the brave souls aboard that sacrificed their lives to save others. On that fateful day 2,753(NYmag) families would never be the same, as well as the rest of us that watch in disbelief. The attacks on September 11th 2001 led to something called the Patriot Act. In the days after 9/11 Congress hurried to pass a bill to give law-enforcement agencies the power to fight domestic terrorism. On October 26, President George W. Bush signed three hundred page USA Patriot Act into law (Crf.org). The USA Patriot Act of 2001 was created to prevent and catch terrorist in the United States and around the world. The contents of it has been one of great controversy in the rights of our privacy and the violation of our constitutional rights. Can we give up too much freedom to keep us safe? Where do we draw the line to keep our Country safe?

Counterintelligence is one of the most vital areas of the United States intelligence system, and is heavily intertwined with our history, laws and ethics. According to the National Security Act of 1947, counterintelligence (CI) is defined as “information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations or foreign persons, or international terrorist activities.” It consists of five activities and functions: operations, investigations, collection, analysis and production, and functional services. In this aspect, CI is unique in that it is both an activity and its product. U.S. intelligence agencies, including the National Security Agency (NSA) and the Central Intelligence Agency (CIA) collect and analyze both CI information and foreign intelligence. There are many counterintelligence activities that the United States is involved in, as both CI and foreign intelligence play an important role in countering threats to our country’s national security. Among these most controversial and misunderstood activities are counterespionage and disinformation.

Today, electronic surveillance remains one of the most effective tools the United States has to protect against foreign powers and groups seeking to inflict harm on the nation, but it does not go without a few possessing a few negative aspects either. Electronic surveillance of foreign intelligence has likely saved the lives of many innocent people through prevention of potential acts of aggression towards the United States. There are many pros to the actions authorized under the Foreign Intelligence Surveillance Act (FISA) pertaining to electronic surveillance, but there are also cons. Looking at both the pros and cons of electronic surveillance is important in understanding the overall effectiveness of FISA. [1]

Technology has affected the field of justice studies in many ways. After the events of September 11th 2001, technology has had an even greater impact on the field of justice studies. Rapidly advancing technology has made surveillance cheaper and easier to conceal. Tools such as wiretapping, surveillance for e-mails, and other forms of surveillance tools that were before a violation of peoples' right to privacy, are now allowed to be used without probable cause. These tools now allow the FBI to find terrorists before they commit their act of violence. These surveillance tools that are now allowed to be used by the FBI were passed under the USA Patriot Act. Given that the USA Patriot Act now allows the FBI to look through what many

The Foreign Intelligence Surveillance Act of 1978 was a necessary measure signed by President Jimmy Carter in an effort to stop the CIA, FBI, NSA, and other executive powers from conducting warrantless wiretaps of domestic groups for so-called national security purposes. This was necessary because findings by the Church Committee in the early 1970s suggested that warrantless wiretapping had been going on for quite some time by these government entities and was exacerbated by President Nixon and the Watergate scandal. This bill not only set a future precedent for how surveillance should be conducted, but also attempted to set a standard for what “good” and “bad” surveillance were defined as. FISA did not face any substantial challenges

The United States government changed the face of computer and internet use when it signed the USA Patriot Act on October 26, 2001. This act was created in the wake of the terrorist attacks in New York City on September 11 that same year. Many people believe that this act is a good thing and will help in defense against any future attacks. What most people do not know, however, is the effect of this act on the more general public. This includes individual people, public libraries, colleges and universities, and even trucking or hauling companies.

Similarly, trap and trace devices checked what incoming phone numbers were calling a particular phone line. The USAPA now enables the FBI to eavesdrop on all computer routing, addressing and signaling information. It is done with a huge software system called Carnivore. This system filters through all internet packets (pieces of information traveling on the internet) that travel through a specific ISP, sniffing for a suspect’s electronic communication. It can only be installed on an ISP either with the ISP’s permission or a court order. The sneak and peak provision permits government officials with a warrant to search any tangible property or communications where notification of the search can be delayed for a “reasonable period.” This allows law enforcement to investigate without having to worry about compromising the case by tipping the suspect too early. Another notable change in the USAPA is it redefines of the term “foreign intelligence” to include domestic citizens. It reflects the fact that the perpetrators of 9/11 were living in the U.S. for years. Now foreign intelligence is defined as “information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons or international terrorist activities.” The definition continues about a U.S. person that concerns a foreign power or

The Patriot Act, an act passed by Congress in 2001 that addressed the topic of privacy in terrorist or radical situations, is controversial in today's society. Although it helps with protection against terroristic events, The Patriot Act is not fair, nor is it constitutional, because it allows the government to intrude on citizens' privacy, it gives governmental individuals too much power, and because the act is invasive to the 4th amendment right. To further describe key points in the act, it states that it allows investigators to use the tools that were already available to investigate organized crime and drug trafficking, and it allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.

Privacy is what allows people to feel secure in their surroundings. With privacy, one is allowed to withhold or distribute the information they want by choice, but the ability to have that choice is being violated in today’s society. Benjamin Franklin once said, “He who sacrifices freedom or liberty will eventually have neither.” And that’s the unfortunate truth that is and has occurred in recent years. Privacy, especially in such a fast paced moving world, is extremely vital yet is extremely violated, as recently discovered the NSA has been spying on U.S. citizens for quite a while now; based on the Fourth Amendment, the risk of leaked and distorted individual information, as well as vulnerability to lack of anonymity.

Other provisions included giving the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA) the ability to share information, access wiretaps referred to “roving wiretaps” that would cover all of technology a suspect may own, access to records including banking, books, or any “any other items sought in connection with a terror investigation,” lowers the requirements to obtain a “wiretap or search order”, allows delayed notice to those whose home or office has been searched under the “sneak and peek” warrants and has “outlawed material support” to organizations considered terrorist groups (Abramson & Godoy, 2006, pp. 2-4).

Counterintelligence: exposing, preventing, and investigating intelligence activities on U.S. soil; foreign espionage strikes at the heart of national security, impacting political, military, and economic strengths.

An element of the National Security Act of 1947 stated “…No United States intelligence information may be provided to the United Nations or any organization affiliated with the United Nations...” Briefly defend this position from an ethical perspective.