Why Is Government Surveillance Considered Unjustified?

Since the passing of FISA came after a widespread finding of warrantless wiretapping by a number of different government entities, Congress along with the Carter administration, needed to carefully craft a bill that not only reconciled national security needs to conduct domestic surveillance, but also continued to protect individual liberties such as that of the first and fourth amendments. The once top-secret Carter administration memos regarding FISA offer a first-hand glimpse at the thinking that went into

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]

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

Henderson, in the article, remarks on the tremendous power, and insufficient accountability, that domestically operating law enforcement (ranging from local police to the FBI) are given under the surveillance clauses of The Patriot Act. Specifically, it is stated that law enforcement conducting domestic surveillance “no longer [have] the corresponding obligation to demonstrate that the target actually uses the device being tapped” (Henderson, 197). This is to say that, when submitting a request for domestic surveillance, the inquisitor of said request no longer has to supply proof that the device that would be tapped is actually in possession or use of the surveillance target. The Patriot Act’s revisions to electronic surveillance law are a staunch proliferation of already liberal surveillance requirements in place before 2001 under the Foreign Intelligence Surveillance Act of 1978 (commonly abbreviated as FISA); wherein surveillance restrictions were already relaxed. In fact, in a twenty four year period (from 1978 to 2002) only two requests for surveillance were ever rejected by FISA courts (Henderson,

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 NSA performed an unlawful invasion of privacy by using web encryption. Technologist, Christopher Soghoian, states that the NSA used supercomputers to gain access to encryption that provides online privacy and security. “The encryption technologies that the NSA has exploited to enable its secret dragnet surveillance are the same technologies that protect our most sensitive information, including medical records, financial transactions and commercial secrets” (qtd. in Winter). Christopher’s explanation of the encryption technologies describes how anyone could be affected by this surveillance. This is considered unlawful because the NSA hacked technologies that protect our private information. This affects the security of the nation knowing that it is possible for someone to gain access to information that people have once though were private to them. This is not the first time that the NSA has tried to gain access to private information. In fact, “For the past decade, NSA has led an aggressive multipronged effort to break widely used internet encryption technologies”

Governments such as the USA justify mass surveillance by stating it protects citizens from dangerous groups such as criminal organisations, political subversives and terrorists. In addition mass surveillance also maintains social control. The disadvantage of state surveillance that citizens articulate is that it violates the right to privacy and political and social freedoms of individuals.

“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

Government surveillance in the past was not a big threat due to the limitations on technology; however, in the current day, it has become an immense power for the government. Taylor, author of a book on Electronic Surveillance supports, "A generation ago, when records were tucked away on paper in manila folders, there was some assurance that such information wouldn 't be spread everywhere. Now, however, our life stories are available at the push of a button" (Taylor 111). With more and more Americans logging into social media cites and using text-messaging devices, the more providers of metadata the government has. In her journal “The Virtuous Spy: Privacy as an Ethical Limit”, Anita L. Allen, an expert on privacy law, writes, “Contemporary technologies of data collection make secret, privacy invading surveillance easy and nearly irresistible. For every technology of confidential personal communication…there are one or more counter-technologies of eavesdropping” (Allen 1). Being in the middle of the Digital Age, we have to be much more careful of the kinds of information we put in our digital devices.

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 Patriot Act was hastily passed just a month later October and it severely limited the privacy of Americans and gave unprecedented power to the government and private agencies to track innocent Americans, turning regular citizens into suspects.5 In addition, the great technological evolution and emerged of social media that occurred round the same time, and shortly thereafter, created the perfect storm for the emergence of the largely unregulated surveillance society that we live in today.6 The result is digitization of people’s personal and professional lives so that every single digital trace that people leave can be identified, stored, and aggregated to constitute a composite sketch of ourselves and its only getting worse. In 2008, passed the FISA Amendments Act, which expands the government’s authority to monitor Americans’ international communications, in addition to domestic communications.7 In short, after 9/11 the U.S is left with a national surveillance state, in which “the proliferation of government technology and bureaucracies that are able to acquire vast and detailed amounts of digital information about individuals with minimal or no judicial supervision and often in complete secrecy,” giving the government and corporations with access to the data that the government compiles the ability to single

The U.S. Government has turned the Internet into something it was never intended to be: a system for spying on us in our most private moments. Out of control government

Are our governments worthy of the authority that we entrust them? America is known as the land of liberty and freedom but is it worth the name when our governments are engaged in surveillance activities against its own people? To make a statement about the government's surveillance activities each individual has to choose whether they value their right to privacy or national security. After consideration I decided to argue my paper from the reasoning of secrecy of the program, then state the problem of transparency in the program, and end the paper with a legal argument of violating constitutional rights. Therefore, I argue that my right to privacy is more important than national security and that the program is unconstitutional.

And with 3 billion phone calls made and 150 billion emails sent to and from the United States every day, the collection of this personal data without specifying the limits to their searches is unclear and unjust. Google, Microsoft, Facebook, and Yahoo among many others have recently, under protection from the Obama administration, revealed details as to the statistics of government collection. Even our nation's biggest telecom companies, AT&T and Verizon, were obliged to work with the NSA, lately disclosing information on the filtering equipment they were necessitated to use. The storage of this data for prolonged periods of time also makes these companies and their users vulnerable to security breaches such as theft and attack by hackers; for example, the cyber-security firm Trustwave discovered a server on November 24, 2013 which contained the information of over 318,000 accounts on Facebook. This breach was evidently made possible by companies storing data for an unnecessary amount of time as well as a weakened encryption standard. Both were implemented and enforced by the NSA, and the forced retention this data for over five years not only renders this metadata vulnerable to theft or misuse, but has also not been proven to be notably valuable in thwarting terrorist attacks.