What is the relation between freedom vs. security? Should the public sacrifice liberty in the name of security? What is the role of the government in providing that security? In recent years, the notion of freedom and security has been reignited as a forefront of American debate in perhaps the most emphatic fashion. On June 5, 2013, Edward Snowden began perhaps the most significant classified documentation leaks in American history. His disclosures revealed how the U.S. government was collecting metadata from millions of Americans through mass surveillance programs such as PRISM. His reveal sparked a prominent discussion on the proper balance of freedom and security in the American government. In particular, three prominent concepts are illustrated …show more content…
This division is often referred as the “separations of powers”, in which the powers and responsibilities of the US government are divided into three branches called the legislative branch, executive branch, and judicial branch. In short, the legislative branch writes the laws, the executive branch enforces laws, and the judicial branch interprets the constitution. For instance, the NSA or National Security Agency is part of the US Department of Defense, which is under the Executive Branch. In addition, there exists a system of checks and balances that establishes a balance of power in government. In particular, we can see the notion of checks and balances play out in the Snowden case through the subsequent actions of each branch after Snowden’s release of NSA surveillance programs. For instance, in response to the release, “NSA director General Keith Alexander defended his agency’s actions, he said its programs had helped to prevent the implementation of more than 50 terrorist plans and received “vigorous oversight from Congress and federal judges” ” (7). From this, the NSA defended the existence of surveillance programs such as PRISM, due to prior authorization for congressional oversight, and how data collection has served to become a vital tool to defend the nation against a number of actions that would otherwise pose a serious threat to the livelihoods of Americans. However, not all …show more content…
A commonly understood definition of federalism is the division of sovereignty between the federal, state, and local. An example of federalism in the Judicial Branch is the relation between the Supreme Court and federal courts. In particular, the Supreme Court is considered the highest court and the final decider on the interpretation of the Constitution. This concept is described when two federal courts arrive at separate rulings for the determination of the legality of the NSA surveillance programs. For instance, “On December 16, 2013 a U.S. federal district court judge ruled that the NSA program that collected metadata on telephone calls in the United States was likely unconstitutional, potentially constituting unreasonable search under the Fourth Amendment” (9). Evidently, a federal court arrived on the ruling that the NSA program is unconstitutional because the collection of metadata directly infringes upon the Fourth Amendment, which is the right for the people to be secure and to prevent unwarranted searches and arrests. However, this is conversely met by a different court when, “… on December 27, 2013, a New York federal judge ruled that the NSA’s program was legal … Citing the “horrific” 9/11 terrorist attacks, Judge William Pauley said he found “no evidence that the government had used the metadata for any reason other than to investigate and disrupt
Freedom vs security: Can we have both, or are we forced to choose between the two? What about our 4th amendment rights, which protects the rights of Americans from unreasonable searches and seizures? Are the crimes solved and prevented by technology and surveillance worth giving up our freedom and right to privacy? Countless people are already aware about the NSA surveillance of collecting metadata of our internet and phone records through the Patriot Act that many consider spying; thanks to the leak from Edward Snowden, who blew the lid off of government secrecy because it violated his moral and ethical standards. Many regard Snowden as a true patriot and a hero; while to others, he is a traitor and a criminal. Considering foreign and domestic
Since the founding of the United States of America, freedom has been the basis of the governmental and ruling systems in place. Individual freedoms are protected in both the Bill of Rights and the rest of the Constitution, and Schwartz (2009) explains that ‘public liberty ultimately enhances collective rationality—it is a path to heightening our wisdom by increasing access to pertinent information and improving decision making’ (p. 409). However, there have been many times in history when the true freedom of citizens is called into question. There has always been controversy about how much power the government should have, who is keeping the government in check, and if citizens are properly informed about what their elected governed are doing. The passing of the Patriot Act in 2001 was no exception to this controversy. The
When the colonist were drafting the constitution they couldn’t have imagined the tremendous growth we have achieved today. With innovation comes conflict. Many citizens feel the United States gives an illusion of freedom. Today the biggest conflicts are centered on basic rights spelled out in the constitution. It’s no secret the National Association of Surveillance illegally obtains information from the electronic devices of United States citizens. The actions of the NSA violate the 1st, 4th, 5th, and 9th amendment rights. The NSA’s use of information impedes on the first amendment in terms of freedom of press. For a journalist the source is the key, and the key stays confidential. With the NSA collecting digital trails there is a higher risk for whistle blowers to be charged with criminal act or even assassinated. The courts stand by the NSA, for
The threat of terrorism creates a fear that allows government agencies to subvert the United States Constitution and common morals out of the threat that they will be unable to combat terrorism without performing these rights violations. After the attacks on New York City and Washington, D.C. on September 11th, 2001, the United States Congress passed the USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act (“NSA Surveillance Programs”). This act essentially gives a blank check of domestic and foreign rights violations to the federal government, specifically the National Security Agency, as long as the violation is done in the name of fighting terrorism. Reports came out numerous times over the next decade, specifically December 2005, May 2006, and March 2012, detailing how the National Security Agency was able to stretch its powers, even beyond this liberal and controversial bill, to surveil its citizens’ private phone conversations with neither warrants nor provable suspicion of a crime taking or about to take place (“NSA Surveillance Programs”). The former of these reports was by the New York Times, which had known for nearly a year about this program but
During the past decade, an issue has arisen from the minds of people, on which is more important? Privacy or national security? The problem with the privacy is that people do not feel they have enough of it and national security is increasing causing the government to be less worried about the people. National security is growing out of control which has led to the decrease in people’s privacy and has created fear in the eyes of U.S. citizens. “Twelve years after the terrorist attacks of Sept. 11, 2001, and amid a summer of revelations about the extent of the surveillance state built up to prevent others, leaders, experts and average Americans alike are searching for the right balance between security and privacy” (Noble). Americans should be able to live their daily lives without fear of an overpowered government or a “big brother” figure taking over. “According to a CBS News poll released Tuesday evening, nearly 6 in 10 Americans said they disapproved of the federal government’s collecting phone records of ordinary Americans in order to reduce terrorism” (Gonchar). While it is good to keep our country safe with security, American’s privacy should be more important because there is a substantial amount of national security, the people 's rights should matter first.
The NSA, or National Security Agency, is an American government intelligence agency responsible for collecting data on other countries and sometimes on American citizens in order to protect the country from outside risks. They can collect anything from the people’s phone data to their browser history and use it against them in the court of law. Since the catastrophes of September 11 attacks, the NSA’s surveillance capabilities have grown with the benefit of George W. Bush and the Executive Branch (Haugen 153). This decision has left a country divided for fifteen years, with people who agree that the NSA should be strengthened and others who think their powers should be limited or terminated. Although strengthening NSA surveillance may help the
Our world today is filled with unnecessary oppression. Slavery is one common form of human oppression, but there are numerous other forms as well. War, death, hunger, and sadness caused the elders in the society of The Giver to force each citizen to live extremely structured, controlled lives. That structure and control effected each person’s ability to live unique, private, and free lives. The elders in The Giver wanted all the citizens in the community to be undifferentiated for their own safety, so they greatly censored all citizens. Lack of freedom to pursue individual happiness is, indeed, a form of oppression not only faced by fictional book characters, but also by twenty-first century Americans. American society is changing so rapidly that we as independent Americans must decide whether safety, or freedom, is more important.
This justifies the previous claims that internet protection should be included in the penumbra of the Fourth and Fifth Amendments. A few years ago, a former employee of both the CIA and NSA, Edward Snowden, became a whistleblower as he leaked information pertaining to the illicit activities of the NSA. One of the NSA programs that Snowden informed the public on was called XKeyscore, which allowed members of the NSA to ""search through enormous databases of emails, online chats, and browsing histories of targets,"" (Business Insider). The government having the ability to investigate the internet content of ordinary citizens, in any fashion similar to that of XKeyscore, is unjust and denies American citizens their rights. The uproaring havoc of the public following the Snowden leaks reflects how Americans today, as a whole, feel about their internet content being watched by the government. Recently, the possibility of the FCC removing net neutrality concerned many citizens, afraid they were possibly going to lose their internet privileges. While this does not directly correlate to monitoring the internet, it goes to show that many Americans do not wish to have a reduction in their internet
In the wake of September 11th, the country was in turmoil. Fear and confusion were rampant; direction was required. President George Bush, in a famous address, acknowledged the severity of the attacks, and called for a newly invigorated sense of nationalism. His plan for preventing future attacks called for the creation of the Department of Homeland Security, and expanded powers to intelligence agencies (Bush). During this time, one of the most provocative bills was allowed to pass, under the guise of a terrorist seeking bill. The Patriot Act was indeed effective in increasing the power allotted to surveillance agencies, but many feel at too high of a cost. Many have asked the question "is
“Those who surrender freedom for security will not have, nor do they deserve, either one.” This is a quote by our founding father Benjamin Franklin. Imagine you're in the George Orwell novel 1984 and you have big brother watching you every hour, every minute. Looking at what you eat, who you talk to, and what you do. Sadly, what George Orwell predicted is slowly started to become reality with the Patriot Act. Today I will go over the Patriot Act, those who are for it, and those like myself who are against it.
Ever since the American public was made aware of the United States government’s surveillance policies, it has been a hotly debated issue across the nation. In 2013, it was revealed that the NSA had, for some time, been collecting data on American citizens, in terms of everything from their Internet history to their phone records. When the story broke, it was a huge talking point, not only across the country, but also throughout the world. The man who introduced Americans to this idea was Edward Snowden.
“The consciousness of being at war, and therefore in danger, makes the handing-over of all power to a small caste seem the natural, unavoidable condition of survival” (Orwell). The world today is full of many dangers domestic and abroad. It has become a routine in the news to report on the daily mass shooting or update with the war on terror. We live in a world where being worried is justified; however, we should not give up our constitutional rights in the face of fear. The NSA’s dragnet surveillance programs, such as PRISM, are both ineffective and are surpassed by less questionable national security programs. The FISA court's’ approval of NSA actions are not only illegal, but exist as an embarrassing formality. Surveillance is a necessary
Privacy has endured throughout human history as the pillar upon which our authentic nature rests. Yet, in an age darkened by the looming shadow of terrorism, another force threatens to dominate the skyline and obscure the light of liberty behind promises of safety and security: government surveillance. As an employee of the NSA, Edward Snowden broke his vow of secrecy to inform the public of our government’s furtive surveillance acts, but does this render him traitorous? To answer this, we must first ask ourselves, traitorous to whom? When the very institution established to protect our fundamental liberties intrudes on our privacy from behind a veil of secrecy, should such informed individuals resign from judicious autonomy and
“You can't have 100% security and then also have 100% privacy and zero inconvenience. Society had to make choices” said President Obama. It has become a given in society that it is on the government’s agenda to procure its nation’s safety in exchange of the privacy or freedom of the people. Edward Snowden, a paladin of social justice, has now come to light with outstanding facts as for what specifically it is that the National Security Agency (NSA) is able and willing to do for the country’s sake. Snowden, a 29-year-old NSA ex-employee, worked from Hawaii on his computer support for the recollection of data in bulk from the whole nation . Under the name of Verax, which means truth teller in Latin, he
Place yourself in the safety and comfort of your home, under the belief that “everyone has the right to the use and enjoyment of his property” (Department of International Law), searching, emailing, and talking about things that may be frowned upon by others. Now imagine the raw feelings of fear and deception that would wash over you upon seeing Edward Snowden’s statement on how “the U.S. government is destroying privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they 're secretly building.” You may initially feel betrayed, but Obama formally announced that the NSA acts solely in the name of safety right? Have we begun to sacrifice the freedom and