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Fourth amendment analysis
Fourth amendment analysis
Questions on the fourth amendment
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Mass surveillance by the United States Government has been a predominant reoccurring issue since classified government documents were leaked in May of 2013. These leaks lead to one of the most significant debates about an individual’s daily life in decades; the constituent’s right to privacy. According to the fourth amendment of the United States’ Constitution, section 1, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”. The purpose of this amendment in the Bill of Rights is to ensure the protection against unreasonable searches and seizures by the Government without a proper warrant. Top secret leaked Government surveillance programs contracted by the National Security Agency and the Department of Justice have revealed that the government has infected computers with malware, collected phone records, metadata, data, and content from American citizen’s computers and phones. The United States’ Federal Government have gone too far in their surveillance techniques and in doing so have infringed the rights of United States’ citizens in the process.
On July 5th, 2013, The Guardian, a British newspaper, announced the leak of National Security Agency documents starting with the leak of the NSA collecting phone records of Verizon customers in the United States. The PRISM program was then revealed the next day, regarding the server access to many of the top technology firms in the world. Finally, on June 9th, 2013 Edward Snowden revealed himself as the whistleblower to the world. According to The Guardian, Edward Snowden is a “29-year-old former technical assistant for the CIA and current employee of the defense contractor Booz Allen Hami...
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"How the NSA's Domestic Spying Program Works." Electronic Frontier Foundation. N.p., n.d. Web. 23 May 2014. .
"NSA Secrets." Washington Post. The Washington Post, 20 Dec. 2013. Web. 20 May 2014. .
Schneier, Bruce . "Schneier on Security."Blog. N.p., 9 Oct. 2013. Web. 17 Mar. 2014. .
"Surveillance of Citizens by Government." - News. N.p., n.d. Web. 23 May 2014. < http://topics.nytimes.com/top/reference/timestopics/subjects/s/surveillance_of_citizens_by_government/index.html>.
Weaver, Nicholas. "A Close Look at the NSA’s Most Powerful Internet Attack Tool." Wired.com. Conde Nast Digital, 14 Mar. 2011. Web. 15 Mar. 2014.
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.
Keck, Zachary. "Yes, Edward Snowden Is a Traitor." The Diplomat. N.p., 21 Dec. 2013. Web. 21 Feb. 2014
With the introduction of the internet being a relatively new phenomenon, the act of cyber espionage is not something that has been properly acknowledged by society. The American Government has done a stand up job of keeping its methods in the shadows and away from the eyes of its people since its documented domestic surveillance began on October 4th, 2001; Twenty three days after the Twin Towers fell President George Bush signed an order to begin a secret domestic eavesdropping operation, an operation which was so sensitive that even many of the country's senior national security officials with the...
In early June 2013, Edward Snowden, a 29-year-old former defense contractor who had access to NSA database while working for an intelligence consulting company, leaked classified documents reports that the National Security Agency (NSA) is recording phone calls of millions of Americans along with gathering private data and spying foreign Internet activity. The Washington Post later broke the news disclosed PRISM, a program can collect data on Internet users. The leaked documents publicly stated a vast objection. Many people were shocked by the scale of the programs, even elected representatives were unaware of the surveillance range. A nationwide debate over privacy rights have been sparked. Although supporters claim that the NSA only does its best to protect the United States from terrorists as well as respecting Americans' rights and privacy, many civil rights advocates feel that the government failed to be clear about the limit of the surveillance programs, threatening Americans' civil...
In the past few years the National Security Agency has been all over the news, and not in a good way. Former contractor of the National Security Edward Snowden leaked classified documents to several media outlets on such a scale the world took notice. The day the world learned about the Prism program among others was June, 5, 2013 when Ed Snowden gave the specifics of the programs to The Guardian, and the Washington Post. Ed Snowden turned those secrets over as a member of the NSA but fled the country before the leaks so he would not be imprisoned by the authorities. Immediately after the leaks Ed Snowden became infamous with around the clock watch as to what country would grant his asylum, he currently resides in a Moscow airport pending appeal (Staff, 2013). He claimed he “did not want to live in a society like this” that’s why he decided to turn over states secret for all the world to see (Staff, 2013). Now that you know the man behind the leaks it is time that you find out about the program, and the reach and impact it really had.
The critical issue that needs to be addressed in the argument for or against the use of public surveillance system in the USA is which one takes precedence, viz, whether safety of the public and property at large or the invasion of the rights of the individuals who are subjected to some sort of interference in their privacy. In other words, does a citizen have an unfettered right to privacy even when it comes to issues relating to the enforcement of law in prevention of terrorist attacks, crime and restoring security and peace of the citizens at large? I propose to argue in this paper in favor of the need for public surveillance system by advancing the reasons for its imperative and take the view that it does not amount to prima facie violation of individuals' rights and in contravention to the rights guaranteed under the constitution...
Edward Snowden, the former National Security Agency (N.S.A) subcontractor turned whistle-blower is nothing short of a hero. His controversial decision to release information detailing the highly illegal ‘data mining’ practices of the N.S.A have caused shockwaves throughout the world and have raised important questions concerning how much the government actually monitors its people without their consent or knowledge. Comparable to Mark Felt in the Watergate scandals, Daniel Ellsberg with the Pentagon Papers, Edward Snowden joins the rank of infamous whistleblowers who gave up their jobs, livelihood, and forever will live under scrutiny of the public all in the service to the American people. Edward Snowden released information detailing the extent of the N.S.A breaches of American privacy and in doing so, became ostracized by the media and barred from freely reentering America, his home country.
One of America’s greatest qualities is the absolute freedom to be an individual, the absolute protection of life, liberty, and the pursuit of happiness. In this country, all men are created equal. All men have rights and are free to live whatever life they wish to pursue, but what happens when these rights are violated? Why should these rights we have be violated by the government? Is it really for National Security or curiosity? Well, with the fact that surveillance could be beneficial for national security purposes, the government should not be allowed to violate the general public’s privacy. This is mainly because it violates the 4th amendment, which is a right given to the people of America to protect their private lives. The government
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 Web. 4 Dec. 2013. Calamur, Krishnadev. A.P.S. & B.A.S. 5 Things To Know About The NSA's Surveillance Activities. NPR.com - "The New York Times" NPR, n.d. -
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.
The Web. The Web. 22 Jan. 2014. • "Profile: Edward Snowden. "
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.
Gonchar, Michael. “What Is More Important: Our Privacy or National Security?” New York Times. New York Times, 17 Sept. 2013. Web. 22 Feb. 2014.