Sharath Thomas
Professor Hugetz
ENGL 1301.08
05 April 2016
NSA Surveillance - Constitutional or Unconstitutional The US Constitution came to life 230 years ago, but recent actions of the National Security Agency is interpreted to be defying the Bill of Rights by the government and depriving the citizens their constitutional right to privacy. However, when posed with the question: Do people want to live in a surveillanced environment like animals in a zoo, with justice and safety ensured but privacy denied completely ? , the answers vary in the community. The revelation of the National Security Agency's massive
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9). Judge Pauley, while ruling over the Smith v. Maryland case in the Supreme Court stated: " a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties"(USAToday par. 2-3). Many other citizens believe that the NSA's actions are unconstitutional. These actions are considered to be a political stunt for hiding all of military business from the public while the government has its open eye on the citizens. Some worry that though the surveillance plan sounds good, persons and companies highly misuse the metadata for their own use. Another dilemma this surveillance poses is the fact that, the government has information about all private transactions and bank records and cards of its citizens. The NSA intrudes into the private lives of the citizens, which in turn takes away the freedom and control the citizens have under the Fourth Amendment of the constitutional rights. The civilians believe that the government is bullying them by prying into their privacy. Mr. Jim Bradford, author of "The Body of Secrets" claims that NSA and government together bend the Fourth Amendment: " Created a structure to allow the government to do this kind of eavesdropping legally"(Michele par. 13). To conclude, many people have the stand that Constitutional rights should not be sacrificed for any reason. While others say, NSA surveillance should not be
Over the last several years, cyber attacks have been continually rising. This is in response to emerging threats from rogue nations and terrorist groups. They are increasing their attacks on government, military and civilian installations. According to James Clapper (the Director of National Intelligence) these threats have become so severe. It is surpassing terrorism as the greatest challenge facing the nation. In response, the National Security Agency (NSA) began conducting surveillance on those who are involved in these activities and others which are threat to US national security interests. This program became so broad; it started continually collecting phone records and emails on ordinary Americans. This angered many, who felt that the US was acting in a way that circumvented established legal guidelines and procedures. To fully understand what is taking place requires focusing on the event, the government 's response and the ways it did / did not meet our national security goals. Together, these different elements will illustrate what occurred and the lasting impacts on everyone. (Greenwald 2014)
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
One of the most popular cases of this argument to discuss is the issue of the Patriot Act. It was hastily passed following 9/11 and gave the federal government a license to restrict privacy in
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) is one of the most controversial pieces of legislation to ever pass through the US Senate. Its critics use fear mongering tactics to scare people into opposition of an intrusive police state which they believe is inevitable given the government’s new powers. They consider the Act an assault on civil liberties and an invasion of the privacy of innocent American citizens. Yet the real issue is not that the government now has new powers, it’s that the American people do not trust our intelligence agencies to handle these new powers properly while still respecting their rights.
Many argue, including Deborah Jacobs, executive director of ACLU (American Civil Liberties Union of New Jersey) that the Patriot Act violates the 4th Amendment. What many do not know, is that there are warrants that the government use for homeland security. Warrants such as the ‘Sneak and Peek Warrants’ or the ‘Trap and Trace Searches’. The American Civil Liberties Union argued how the ‘Trap and Trace Searches are a breach of the 4th Amendment because their are no probable cause requirements in obtaining the warrants. In fact, according to Pewresearch.com, 32% of the people asked said they were more concerned that the government has gone too far in restricting the average person’s civil
Technology has become very effective for a thriving generation, but it also possesses a handful of flaws that counter the benefits. Technologies help people post and deliver a message in a matter of seconds in order to get a message spread quickly. It also gives individuals the power to be the person they want to be by only showing one side of themselves. But sometimes information that had intentions of remaining protected gets out. That information is now open for all human eyes to see. This information, quite frankly, becomes everybody’s information and can be bought and sold without the individual being aware of it at all. However, this is no accident. Americans in the post 9/11 era have grown accustomed to being monitored. Government entities such as the NSA and laws such as the Patriot Act have received power to do so in order to protect security of Americans. However, the founding fathers wrote the fourth amendment to protect against violations of individual’s privacy without reason. In a rapidly growing technological world, civil liberties are increasingly being violated by privacy wiretapping from government entities such as the NSA, Patriot Act and the reduction of the Fourth Amendment.
The National Security Agency (NSA) has been an information gathering arm of the Executive branch since the Cold War and continues to be an essential part of ensuring the security of the United States. The public issue that involves the NSA is the spying of U.S citizens which can be seen as a violation of the Fourth Amendment of the United States Constitution. This was revealed to the public by the whistleblower Edward Snowden who released classified documents of activities that the NSA had been conducting in conjuncture with telecommunication companies, which angered many U.S citizens and received media coverage with a call for the U.S Government to restrict the NSA’s activities or at least for there to be Congressional oversight. This debate revolves around how much the NSA’s surveillance activities are actually used for national security as well as the constitutionality of the NSA’s surveillance. This all began after the terrorist attacks on September 11, 2001 when there was a call for the attacks to never happen again and the adoption of the Patriot Act in that same year which increased the power of the NSA.
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
As our fears grew concerning national security, our government began to conduct surveillance with certain groups labeled as “suspicious”. As this escalated into dangerous territory, it begged the question: does the threat of terrorism outweigh the right of privacy?
I have a very strong opinion on this issues. I believe that NSA does not have the legal rights to collect all digital data. This kind of behavior violates the fourth amendment which prohibits unreasonable searches and seizures without a warrant. The fact that NSA is allowed to collect all digital data is an example of bending the law when it’s inconvenient. Additionally, the fact that a Supreme Court ruling from 1960 was used to justify collecting all data is laughable. Ensuring the safety of citizens is the priority of NSA but that does not mean they have the right to ignore the constitution. That whole purpose of the constitution is to limit the power of the government. Yet by allowing NSA to collect digital date we lose our right to privacy,
After the terrorist attacks of September 11th 2001, an American public was shocked, flabbergasted, and lost for words for the first time since Pearl Harbor. Out of these fears the PATRIOT act was conceived; promising to help stop future terrorist plots the bill was initially met with high praise from the public and media. It was not for another decade that the side-effects of the patriot act were revealed to the world. The American public was appalled at the circumvention of their fourth Amendment rights. Still there is a clear divide between those who believe that the National Security Agency Is not violating the constitution and what they are doing is good for the betterment of the country and those who believe that their privacy and undeniable American freedoms were violated in part of the NSA spying with both parties bringing their own views and ideals to the field. The September eleventh attacks were the beginning of the end of privacy for American citizens the PATRIOT act which was signed a month later granted full access to the phones and computers of the people. It took over a decade for the public to become aware of the illegal spying that the NSA had conducted. The NSA spying is a complicated and controversial matter while there have been several judicial courts that have ruled against the spying there has also been just as many cases of the court 's finding the spying constitutional.
“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
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.
Imagine a world where your every move was being monitored. A dark world where it is no secret who you are, where you have been and who you associate with; now include who you love, who you pray to and what you just ate for dinner. The word privacy doesn’t exist in such world and it is such world that we are heading to.“Big Brother is watching you!” This quote by George Orwell couldn’t have been truer. Every aspect of our lives is being sorted through as Big Data this very moment. Government surveillance has prevailed by the name of security. But, is government surveillance of internet digital communications like social networks, cell phone calls, text messages, and emails really a public service of security? Or
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