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4th amendment and national security
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Inscribed in the stairwell of the Statue of Liberty is Benjamin Franklin’s quote, “They that can give up essential liberty to obtain a little safety deserve neither liberty nor safety.” Recent reactions to terrorist attacks provide examples of our country beginning to mortgage freedom, and privacy under the mask of protection in times of crisis. Warrantless searches and seizures performed in the interest of national security are becoming more commonplace. The balance between civil liberties and national security measures remains a delicate balance which should not tip in a direction that leads to the destruction of the Fourth Amendment’s original meaning. As our nation has grown and endured crises, the scale has become unbalanced. Whilst many schools of thought exist and strong opinions surround this issue, in today’s America the current “war on terror” may have allowed our government to peer too closely into the lives of everyday citizens. Along similar lines, the Edward Snowden scandal has made known extensive and all encompassing data gathering done by the National Security Agency (NSA). This revelation has brought out of the shadows how online and phone information remains unprotected from the prying eyes and ears of the government. Recent data collection cases in the pursuit of terrorists demonstrate clear violations of Fourth Amendment rights guaranteed to by our Constitution. Individual rights should not be violated without cause, consent, or search warrant under the guise of safety. This issue is not new. During colonial times, citizens of the thirteen colonies endured unfair treatment resulting from the Writs of Assistance that granted British law enforcement broad and nearly unrestricted powers o... ... middle of paper ... ...ed. The NSA now collects data, via many means: Google, phone conversations and other social media venues. Indeed, few limits exist as to how much personal digital data is collected or observed and for what purpose that information serves. Understandably, then, recent events have left many modern-day Americans questioning whether the government has over-reached its efforts to protect us when the government itself violated our constitutional rights. Our Constitution put in place, in part, the protection for the freedoms of individual citizens and prevent recurrence of the Writs of Assistance and the tyranny of an intrusive government. Our country would do well to heed the call for liberty first from Benjamin Franklin, even in the digital age. The continued existence of the Fourth Amendment offers a hope that balance can once again be restored. Word Count: 742
Charen presents her thesis prominently at the beginning of her essay in her title. By doing so, she not only clearly expresses her thesis that we must give up some liberty to secure the United States, but also peaks the interest of the reader with a provocative and timely statement. To understand the appeal of the title as a narrative hook, the reader should consider the context in which it was written. Charen’s essay was written at a post-9/11 time when security was on the minds of everyone in the United States.
The NSA is a U.S. intelligence agency responsible for providing the government with information on inner and foreign affairs, particularly for the prevention of terrorism and crime. The NSA maintains several database networks in which they receive private information on American citizens. The agency has access to phone calls, emails, photos, recordings, and backgrounds of practically all people residing in the United States. Started in 1952 by President Harry Truman, the NSA is tasked with the global monitoring and surveillance of targeted individuals in American territory. As part of the growing practice of mass surveillance in the United States, the agency collects and stores all phone records of all American citizens. People argue that this collected information is very intrusive, and the NSA may find something personal that someone may not have wanted anyone to know. While this intrusion's main purpose is to avoid events of terrorism, recent information leaks by Edward Snowden, a former NSA contractor, show that the agency may actually be infringing upon the rights of the American citizen. Whether people like it or not, it seems that the NSA will continue to spy on the people of the United States in an attempt to avert acts of terrorism. Although there are many pros and cons to this surveillance of American citizens, the agency is ultimately just doing its job to protect the lives of the people. Unless a person is actually planning on committing a major crime, there is no real reason for citizens to worry about the NSA and it's invasion of our privacy. The agency is not out to look for embarrassing information about its citizens, rather, only searches for and analyzes information which may lead to the identification of a targe...
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.
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.
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.” (Whitehead). The NSA
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...
Cole, D., & Dempsey, J. X. (2006). Terrorism and the constitution: sacrificing civil liberties in the name of national security. New York: New Press.
“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 Constitution is the most fundamentally important document to the U.S. government. This is because the constitution serves to outline the ultimate set of laws and the basic structure of the American governmental system. Each article and amendment serves a distinct and vital purpose in achieving the goal of creating a more perfect union as stated in the preamble. However, recently the expiration of the Patriot Act and subsequent passage of the USA Freedom Act have thrust the 4th Amendment into theThe 4th Amendment provides the chief means of protection of an individual’s right to privacy. It also stands to ensure that every person has the right to live free of indiscriminate interference by government officials. While an
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.
Our nation seems as if it is in a constant battle between freedom and safety. Freedom and security are two integral parts that keep our nation running smoothly, yet they are often seen conflicting with one another. “Tragedies such as Pearl Harbor, 9/11 and the Boston Marathon bombings may invoke feelings of patriotism and a call for unity, but the nation also becomes divided, and vulnerable populations become targets,” (Wootton 1). “After each attack a different group or population would become targets. “The attack on Pearl Harbor notoriously lead to Japanese Americans being imprisoned in internment camps, the attacks on 9/11 sparked hate crimes against those who appeared to be Muslim or Middle Eastern,” (Wootton 1). Often times people wind up taking sides, whether it be for personal freedoms or for national security, and as a nation trying to recover from these disasters we should be leaning on each other for support. Due to these past events the government has launched a series of antiterrorist measures – from ethnic profiling to going through your personal e-mail (Begley 1). Although there are times when personal freedoms are sacrificed for the safety of others, under certain circumstances the government could be doing more harm than good.
After the devastating attacks on the United States on September 11, 2001, this country scrambled to take action to provide future protection. New techniques had to be developed to protect the nation from the menace of terrorism. Along with the new techniques came the decision to enact laws that some believed crossed the threshold of violating civil liberties this county and those living in it were guaranteed by the Constitution of the United States. “On October 26, 2001, the Public Law 107-56, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, also known as the USA Patriot Act, was signed into effect” (Stern, 2004, p. 1112). While speaking to Congress, President George Bush stated, “Either you are with us, or you are with the terrorist” (Stern, 2004, p. 1114). Congress knew by signing the bill, they were expecting each American to give up a part of his or her guaranteed rights. Rights such as the right to privacy, free speech and the right to know when a citizen is being investigated by the government were just among a few. The act has been described as a “law enforcement wish list” (Stravelli, 2003, p. 1). The wish list allows law enforcement to “obtain people’s personal information and conduct surveillance, and in some cases impose secrecy on their law enforcement activities” (Update: USA Patriot Act, 2007, p. 1).
The attacks on American soil that solemn day of September 11, 2001, ignited a quarrel that the grade of singular privacy, need not be given away in the hunt of grander security. The security measures in place were planned to protect our democracy and its liberties yet, they are merely eroding the very existence with the start of a socialistic paradigm. Benjamin Franklin (1759), warned more than two centuries ago: “they that can give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” Implementing security measures comes at a cost both economically and socially. Government bureaucrats can and will utilize information for personal political objectives. The Supreme Court is the final arbitrator of what the ‘law is”, causing a lack of circulated rule. The actual leaders with political purposes jeopardize our individual privacy rights, liberties, and freedoms.
Tension between freedom and security has been prevalent in America since its founding. In 1798, President Adams responded to the threat of war with France with the Sedition Act, which made opposition to the government practically illegal. During the Civil War, President Lincoln suspended the writ of Habeas Corpus to prevent disputes regarding the legality of arrests. President Roosevelt authorized Japanese internment during World War II. Clearly, our government has often felt at liberty to put personal freedoms on hold for safety and control.
Benjamin Franklin, one of the founding fathers of the United States, once said “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In America’s society today, some are willing to sacrifice their civil liberties in order to gain protection and security over some potential threat. Especially after the events of September 11th and several attempted bombings in U.S. cities. This sacrifice of individual freedoms such as the freedom of speech, expression, the right to information, to new technologies, and so forth, for additional protection is more of a loss than a gain. Citizens of the United States deserve equal liberty and safety overall, as someone should not have to give up one value in order to gain another. This concept of individual right goes beyond the simple idea of “individual comfort.” Personal liberties cannot be surrendered and are not to be compromised since these liberties are intangible. Individuals should not have their personal liberties exchanged for national security because individuals are guaranteed protection to these rights.