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Ethical aspects of electronic surveillance
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Opinion Editorial-Electronic Government Surveillance
In this world where anyone could be under surveillance at any given moment, personal privacy and the security of information have become one of the greatest and most controversial issues at hand. The burden of having a digital footprint that is fully accessible by the government is a concern for many, and there have been countless debates over whether it is constitutional or not for the government to conduct such intrusive electronic surveillance.
The U.S. government argues that multiple segments of the Constitution give them the authority to conduct mass electronic surveillance over the American population, which is true, but only to a certain extent. What the government intentionally omits
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F. James Sensenbrenner, who helped draft this statute, it was written “to allow the intelligence communities to access targeted information for specific investigations”, but the government is collecting an awfully large amount of information, and it doesn’t take a genius to understand that it simply isn’t possible for each one of these four billion calls to be relevant to specific investigations that all have reasonable suspicion. Therefore, we can conclude that the government’s mass electronic surveillance doesn’t fall underneath the category of being “relevant to a specific case” as they claim it to be, and therefore cannot be treated as an exception or justified as being constitutional through this …show more content…
government’s argument is weak and outdated. Their last-ditch argument is that personal electronic information is not physical property, and is therefore inapplicable to the fourth amendment, which protects the right of “the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” However, in 1967, during a Supreme Court case dubbed Katz vs. United States, this notion was overruled, and it was determined that the fourth amendment was intended to protect a person’s sense of privacy, which included electronic property and information obtained without a physical search. This overrules the U.S. government’s argument, and more importantly, proves that electronic property falls under the aegis of the Constitution, and that electronic surveillance is, therefore, without a doubt, a clear violation of the
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.
The aftereffects of the September 11, 2001 attacks led to Congress passing sweeping legislation to improve the United States’ counterterrorism efforts. An example of a policy passed was Domestic Surveillance, which is the act of the government spying on citizens. This is an important issue because many people believe that Domestic Surveillance is unconstitutional and an invasion of privacy, while others believe that the government should do whatever is possible in order to keep the citizens safe. One act of Domestic Surveillance, the tracking of our phone calls, is constitutional because it helps fight terrorism, warns us against potential threats, and gives US citizens a feeling of security.
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.
The feeling that someone is always watching, develops the inevitable, uncomfortable feeling that is displeasing to the mind. For years, the National Security Agency (NSA) has been monitoring people for what they call, “the greater good of the people” (Cole, February 2014). A program designed to protect the nation while it protects the walls within as it singles people out, sometimes by accident. Whether you are a normal citizen or a possible terrorist, the NSA can monitor you in a variation of ways. The privacy of technology has sparked debates across the world as to if the NSA is violating personal rights to privacy by collecting personal data such as, phone calls and text messages without reason or authorization (Wicker, 2011). Technology plays a key role in society’s day to day life. In life, humans expect privacy, even with their technology. In recent news, Edward Snowden leaked huge pieces from the NSA to the public, igniting these new controversies. Now, reforms are being pressed against the government’s throat as citizens fight for their rights. However, American citizens are slammed with the counterargument of the innocent forte the NSA tries to pass off in claims of good doing, such as how the NSA prevents terrorism. In fear of privacy violations, limitations should be put on the NSA to better protect the privacy of our honest citizens.
Domestic Surveillance: Is domestic surveillance worth the hassle? In 2013, whistleblower Edward Snowden revealed to the American people that the National Security Agency had been spying on them. Not only that, but also on world leaders. Domestic surveillance is understood as the first line of defense against terrorism, but it has many downsides, not only it violates Americans lives, also it spies on our social media, it puts a fine line on their privacy, and it is a big stab at the freedom of speech. According to John W. Whitehead, “The fact that the government can now, at any time, access entire phone conversations, e-mail exchanges, and other communications from months or years past should frighten every American.”
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.
Current advancements in technology has given the government more tools for surveillance and thus leads to growing concerns for privacy. The two main categories of surveillance technologies are the ones that allow the government to gather information where previously unavailable or harder to obtain, and the ones that allow the government to process public information more quickly and efficiently (Simmons, 2007). The first category includes technologies like eavesdropping devices and hidden cameras. These are clear offenders of privacy because they are capable of gathering information while being largely unnoticed. The second category would include technologies that are used in a public space, like cameras in a public park. While these devices
“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”-Benjamin Franklin. We live in an age where governments invade the private lives of its citizens in the name of safety. Ironically, anyone who displaying a hint of paranoia when it comes to government surveillance or secrecy is automatically labeled a conspiracy theorist or a kook. It seems that in the U.S., it has become frowned upon to believe that our government would ever infringe on our rights, unintentionally or deliberately. After all, they can’t, it says so in the constitution! But, alas, it turns out “Big Brother” has been very busy the past decade. It seems as though every year new government scandals arise, from cover ups to spying on U.S. citizens. Law enforcement and government agencies are slowly finding “loopholes” through problematic areas of the constitution, with little regard for citizens’ rights. It is our duty as citizens, to not tolerate violations of the law that our nation was founded upon. By examining history and other countries’ policies regarding privacy and freedoms, it becomes clear that if these breaches of our rights are allowed to go on, we will be living in a country of fear and oppression.
The United States government is up to its ears in the personal information it has collected from its citizens. Americans are becoming increasingly “aware of these slowly eroding walls of privacy,”(Hirsh) and more than half polled admit concern “about the overall accumulation of personal information about them “by […] law enforcement, government, […] and other groups,” though “they accept it as an unavoidable modern phenomenon” (Hirsh). The question is, how far is too far to trust the government with the collection, proper storage, and usage of this information? Studies show that “Americans believe that business, government, social-media sites, and other groups are accessing their most personal information without their consent” (Hirsh). People should be given the ability to admit or deny access to their personal information. The government does not have a right to use whatever information it wants for any purpose it wishes. Michael Hayden, once the NSA director for seven years, says, “Even I recognize that it's one thing for Google to know too much, because they aren't putting me in jail. It's another thing for government, because they can coerce me” (Hirsh). The United States government's ability to collect information about its citizens and residents should be restricted by what kind of information it can take, how it can acquire it, and what it can use it for.
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.
Taylor, James Stacey. "In Praise of Big Brother: Why We Should Learn to Stop Worrying and Love Government Surveillance." Public Affairs Quarterly July 2005: 227-246.
Throughout many years in the United States, there has been controversy over whether or not government surveillance and other technology is a violation of human rights. Ever since the publication of George Orwell’s dystopian novel 1984, there has been an increase in debates on the subject. The novel itself exemplifies what a surveillance-based society is like, providing the reader with a point of view of what could happen to their own society. Discussion over the usage of information that the government has gathered has become one of the foremost topics being analyzed to this day. The information that is being viewed by surveillance would otherwise be private, or information that people would not want to be leaked out. Therefore, surveillance executed by the government and companies has become an infringement to the right of privacy, and United States citizens should take actions upon it before the world reflects the Orwellian vision of the future.
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.
However, government agencies, especially in America, continue to lobby for increased surveillance capabilities, particularly as technologies change and move in the direction of social media. Communications surveillance has extended to Internet and digital communications. law enforcement agencies, like the NSA, have required internet providers and telecommunications companies to monitor users’ traffic. Many of these activities are performed under ambiguous legal basis and remain unknown to the general public, although the media’s recent preoccupation with these surveillance and privacy issues is a setting a trending agenda.
Drawing on the work of Foucault, discuss the claim that ‘we live in a surveillance society’.