Should The Government Be Proactive?

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Today, with all the chaos and terrorist attacks and cyber-attacks going on in the world there are many security issues that companies and governments are being faced with. There are several questions that need to be answered if we are going to solve these problems. The main question that I will be covering is, should the government be proactive in the area of encryption of data due to the possibility of criminal activity going undetected? The major area within this problem I believe is the fourth amendment issues because as Benjamin Franklin once stated, "Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty or safety." We as a country need to be very careful when dealing with this area…show more content…
So one area I will be covering later on is, do we need to change or expand the fourth amendment and if so, what should we change it to so we can be proactive within this area of data encryption. Another important term here is privacy. In an article by David Pozen he cited Professor Daniel Solove 's work, when defining privacy. Two of the definitions he gave that I think really sum up this area well are, (1) "The right to be left alone," (2) "Personhood, or the protection of one 's personality, individuality and dignity." Finally, the last term I will cover before answering the question of should the government being proactive in the area of data encryption is, what is the government legally allowed to do right now? This is important because we need to decide is this enough or is more required, basically do the risks outweigh the reward? To explain briefly right now the government is legally allowed to do whatever surveillance it wants if they can get a judge to sign off on, but politicians are trying to expand this as frequently as ever. Normally federal judges can only approve warrants for their jurisdiction but a new change would, "allow for judges to issue warrants for hacking and surveillance in cases where investigators don 't know the target computer 's location," according to letter sent to congress by 50 companies and tech groups. So
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