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Privacy problems with surveillance
How internet impacts on privacy
Impact of surveillance on privacy
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" A U.S. citizen’s right to privacy is apparent in Amendment IV of the Constitution, where it states that “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated"" (U.S. Const.). In the modern day, the government is obligated to extend this protection beyond its original intentions, especially to the internet. On the web, there is a greater amount of personal information that can be shared or leaked, leading to a greater opportunity for monitoring. Over the past two decades, this issue has created a controversy: both the innocent and the guilty have been subject to surveillance. In cases where this monitoring is justified—when probable cause …show more content…
In Washington, the Federal Communications Commission (FCC) is charged with regulating all interstate technological communications. The FCC makes the laws but does not enforce them. Enforcement is the job of the Executive Branch, currently handled by the National Security Agency (NSA). The NSA has the power to track the internet, but ""the law says they always need probable cause"" (Dewey) to do so. Probable cause is defined as “sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime†(Law Dictionary.) When a serious enough crime is committed, the perpetrator runs the risk of losing some constitutional rights. With probable cause, authorities are justified in intruding on their privacy, because previous criminals are much more likely to commit crimes than non-criminals are (Recidivism of Criminals...). When a crime is committed, the perpetrator's information is recorded, giving the NSA access to crucial data, which in turn means the suspect can be tracked if deemed …show more content…
In the 2000 Children’s Internet Protection Act (CIPA), the FCC made guidelines that states should implement in their education systems. The CIPA’s goal is to “prevent minors from gaining access to sexually explicit, obscene or harmful materials†(Federal Children’s Internet Protection). For instance, Louisiana requires its schools to limit both “students' and school employees' access to certain ... online sites,†while Massachusetts only has “safety measures to protect students from inappropriate subject matter†(Federal Children’s Internet Protection). Each state has the freedom to make its own specifications either more lenient or stricter than the national government’s. In Massachusetts, there are 160 elected state representatives, while there are only 11 national representatives from Massachusetts. With more than 14 times the number of elected officials in a state legislature than a national one, the people have greater representation, thereby justifying the states in tracking its citizens. If the residents of a state disagree with state laws, they have a greater ability to change them in their own state than in a national
Communication surveillance has been a controversial issue in the US since the 1920's, when the Supreme Court deemed unwarranted wiretaps legitimate in the case of Olmstead v United States. Since telephone wires ran over public grounds, and the property of Olmstead was not physically violated, the wiretap was upheld as lawful. However, the Supreme Court overturned this ruling in 1967 in the landmark case of Katz v United States. On the basis of the fourth amendment, the court established that individuals have the right to privacy of communication, and that wiretapping is unconstitutional unless it is authorized by a search warrant. [Bowyer, 142-143] Since then, the right to communication privacy has become accepted as an integral facet of the American deontological code of ethics. The FBI has made an at least perfunctory effort to respect the public's demand for Internet privacy with its new Internet surveillance system, Carnivore. However, the current implementation of Carnivore unnecessarily jeopardizes the privacy of innocent individuals.
According to a recent article by Scott Shane, “The U.S. is pushing to make sure that cyber programs comply with international law and international standards.” This quote shows that the government wants to make sure that cyber programs protect the citizens to the same degree as other international laws. The government wants cyber programs to have the same standards as international law and international standards to give citizens the sense of security that they are being protected. According to a recent article by David Francis “...Congress retroactively immunized the nation’s telecom giants for their participation in the illegal Bush spying programs, Klein’s claims (by design) were prevented from being adjudicated in court.” This quote means that telecom giants such as Verizon and AT&T participated in Domestic Surveillance in order to help protect citizens. Telecom giants play a role in giving US citizens a sense of security by helping the National Security Agency. Others may believe that the tracking of our phone calls does not give US citizens a sense of security; however, according to a recent article by Marshall Honorof, “Counterterrorism is not the only function of the NSA's widespread surveillance. Although it cannot report exact numbers, Lewis theorizes that the data-mining has allowed the NSA to put a stop to a number of international espionage plots.”
Edward Snowden is America’s most recent controversial figure. People can’t decide if he is their hero or traitor. Nevertheless, his leaks on the U.S. government surveillance program, PRISM, demand an explanation. Many American citizens have been enraged by the thought of the government tracing their telecommunication systems. According to factbrowser.com 54% of internet users would rather have more online privacy, even at the risk of security (Facts Tagged with Privacy). They say it is an infringement on their privacy rights of the constitution. However, some of them don’t mind; they believe it will help thwart the acts of terrorists. Both sides make a good point, but the inevitable future is one where the government is adapting as technology is changing. In order for us to continue living in the new digital decade, we must accept the government’s ability to surveil us.
How much privacy do we as the American people truly have? American Privacy is not directly guaranteed in any manner under the United States Constitution; however, by the Fourth Amendment, Americans are protected from illegal search and seizure. So then isn’t it ironic that in today’s modern world, nothing we do that it is in any way connected to the internet is guaranteed to remain discreet? A Google search, an email, a text message, or even a phone call are all at risk of being intercepted, traced, geo located, documented, and stored freely by the government under the guise of “protecting” the American people. Quite simply, the Government in order to protect us and our rights, is willing to make a hypocrite of itself and act as though our right is simply a privilege, and without any form of consent from the people, keep virtual tabs on each and every one of us. In the words of Former Supreme Court Justice Louis Brandeis “The right to privacy is a person's right to be left alone by the government... the right most valued by civilized men." Privacy isn’t just Privilege, it is nonnegotiable right, and deserves to be treated as such.
In America we take freedom and privacy for granted, we as people are unable to comprehend how safe our country actually is, especially in today's society. With that being said there is something that we must all understand, in this age of technology if people are not surveillanced it puts everybody else in our country and the country itself at risk. There are aspects of our privacy and life that we have to sacrifice in order to secure the freedom that we do have. The NSA and U.S. government needs access to our private information in order to ensure the safety of our country and citizens.
Whether the U.S. government should strongly keep monitoring U.S. citizens or not still is a long and fierce dispute. Recently, the debate became more brutal when technology, an indispensable tool for modern live, has been used by the law enforcement and national security officials to spy into American people’s domestic.
Andrew Guthrie Ferguson thinks that people should be able to choose what areas they want to be secure from “physical and sense-enhancing invasion.” Another scholar, Joel Reidenbuerg, believes that current views of privacy do not fit well with the current technology, instead surveillance is dependent on “the nature of the acts being surveilled.” One more scholar, Chris Slobogin, believes that “the justification for a search should be roughly proportional to the intrusiveness of the search” (Hartzog, 2015). Point is, legal issues surrounding government surveillance is a complex topic without a perfect all-encompassing solution; each situation is different and should be treated
Domestic Surveillance Citizens feeling protected in their own nation is a crucial factor for the development and advancement of that nation. The United States’ government has been able to provide this service for a small tax and for the most part it is money well spent. Due to events leading up to the terrifying attacks on September 11, 2001 and following these attacks, the Unites States’ government has begun enacting certain laws and regulations that ensure the safety of its citizens. From the Foreign Intelligence Surveillance Act (FISA) of 1978 to the most recent National Security Agency scandal, the government has attempted and for the most part succeeded in keeping domestic safety under control. Making sure that the balance between obtaining enough intelligence to protect the safety of the nation and the preservation of basic human rights is not extremely skewed, Congress has set forth requisites in FISA which aim to balance the conflicting goals of privacy and security; but the timeline preceding this act has been anything but honorable for the United States government.
The government gives each American citizen a set of unalienable rights that protect them from the government’s power. These rights cannot be broken, yet the government violates the Fourth Amendment daily to find ways to spy on the American public under the guise of protecting against terrorism. In 2007 President Obama said the American administration “acts like violating civil liberties is the way to enhance our securities – it is not.” Americans need to understand that their privacy is worth the fight. The people need to tell their neighbors, their congressmen, and their senators that they will not allow their internet privacy to be violated by needless spying. American citizens deserve the rights given to them and need to fight for the right to keep them by changing privacy laws to include Internet privacy.
Most people concerned about the privacy implications of government surveillance aren’t arguing for no[sic] surveillance and absolute privacy. They’d be fine giving up some privacy as long as appropriate controls, limitations, oversight and accountability mechanisms were in place. ”(“5 Myths about Privacy”). The fight for privacy rights is by no means a recent conflict.
There has always been surveillance of the general public conducted by the United States government, the usual justifications being upholding the security of the nation, weeding out those who intend to bring harm to the nation, and more. But the methods for acquiring such information on citizens of the United States were not very sophisticated many years ago, so the impact of government surveillance was not as great. As a result of many technological advancements today, the methods for acquiring personal information - phone metadata, internet history and more - have become much simpler and sophisticated. Many times, the information acquired from different individuals is done so without their consent or knowledge. The current surveillance of people by the United States government is unethical because it is done so without consent and it infringes on a person’s rights to privacy and personal freedom.
The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.
Most of the Internet regulation is imposed by the Government in an effort to protect the best interest of the general public and is concerned with some form of censorship.
Although the right to privacy has been used to sway the outcome of many U.S court cases, including the famous Supreme Court ruling of Roe vs. Wade, there is still some debate over how the “right to privacy” should be viewed. For example both Judith Jarvis Thompson, and James Rachels agree that the right to privacy is indeed a right that is bestowed upon citizens, however their perception of how one is granted this right is quite different.
Keeping your privacy is getting harder and harder to do, but even though the privacy setting can help to an extent, they don’t always work the way they should. Putting information out for the public eye to see can be a risk but could also be used to the Facebook users advantage. With this comes a loss of privacy that the user has to deal with. No matter how many privacy settings are used or are changed they never a guaranty of full privacy. The only real way to guaranty this is to stay away from social media completely. With that we would lose the connected world we have today.