monday, august 10, 2015 assessment topic discussion research assignments
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Monday, August 10, 2015
Assessment
Topic Discussion
Research Assignments
The Resolution
Resolved: The United States federal government should substantially curtail its domestic surveillance.
Key Terms
Substantially
Curtail
Domestic Surveillance
Surveillance Details
What is Surveillance?
“observation and collection of data to provide evidence for a purpose”
Spying
Monitoring
Data Collection
Visual Observation
Surveillance
As a process
Controlling
Sorting
Monitoring
Domestic Surveillance
“any imagery collected by satellite (national or commercial) and airborne platforms that cover the land areas of the 50 United States, the District of Columbia, and the territories and possessions of the US, to a 12 nautical mile seaward limit of these land areas.” (leaked US documents)
Meta-Data
Examples of meta-data:
Originating Phone number, email address, etc
The terminating phone number, email address, etc.
Time of call
Duration of call
…..This Information is collected in bulk (indiscriminately) as opposed to being collected based upon an individually-targeted warrant.
What Metadata is Not:
It is NOT ABOUT CONTENT of your phone calls, emails, etc.
It is NOT ONLY ABOUT PHONE DATA – can be collected on email, text, skype, etc
It is not UNAUTHORIZED – some judge has to give a thumbs-up (warrant, probable cause)
The Difference between Meta-Data and Warranted Surveillance:
Meta-data collects surveillance “in bulk” or “indiscriminately” – examples might include: The web activity of all persons in a zip code.
The phone activity of all persons in an area code.
Warranted Surveillance requires probable cause and tends to search a single person or a narrower range of persons.
Warranted surveillance can be used to search any person – but tends to collect less raw information (than meta-data). This is because meta-data gathers info on hundred – if not thousands of US person.
Hops….
A “seed #” is a phone number where probable cause has been obtained (a warrant).
Once a seed is identified – the agency is allowed to follow-up on all #’s within “two hops”
Domestic Surveillance Legislation
Foreign Intelligence Surveillance Act of 1978 (and the court it created – Foreign Intelligence Surveillance Court) is perhaps the most important source of legislative authority to domestically surveil
Electronic Communications and Privacy Act (1986)- limited storage of electronic communication. Outdated and amendments through other legislation has undermined its enforcement ability
Domestic Surveillance Legislation
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001
“USA PATRIOT ACT”… or the “Patriot Act”
The Act enhanced investigatory tools to counter-terrorism
It specifically passed “Section 215 of the Patriot Act” (often referred to as “215”) – collect phone data and financial records
FISA Amendments Act (2008)-prevented lawsuits against telecom. Companies.
Important Info About the Freedom Act
The technical name is the “USA FREEDOM ACT” – which stands for Uniting and Strengthening America by Fulfilling Rights and
Ending Eavesdropping, Dragnet-collection and Online Monitoring Act.“
Important dates: 2014 Original Freedom Act May 13th, 2015 – The US House of Representative passes
New Freedom Act. June 2nd, 2015 – The US Senate passes the New Freedom
Act
Differences between the Old Freedom Act and the New Freedom Act
General Consensus – from pro-privacy groups – that the New Freedom Act was a bit watered-down.
Many argue that some of the provisions of the Old Freedom Act should pass.
Important Laws that Authorize Surveillance:
We’ve talked a lot about the PATRIOT ACT – and, amongst other things, the PATRIOT ACT contains: Section 215 – which allows phone records to be collected. And – until
recently – was interpreted to allow “bulk” collection of phone records.
Section 214 – which is the Pen Register Section-any communication can be tapped if it part of an “investigation”
There is also Section 702 of the “F.A.A.” (FISA Amendments Act). This is home to the PRISM program
And Executive Order 12333 (usually called “Twelve-Triple 3”)
Judicial History
While there are many Supreme Court cases impacting domestic surveillance, 3 stand out as particularly important regarding its legality:
Katz vs US (1967), required warrants for wiretap searches (4th amendment)
Smith vs Maryland (1979), pen registers don't require warrants because they aren't searches (telephone number info isn't "private")
Kyllo vs United States (2001) - suggested that the reasonableness of the government’s use of a surveillance technology would depend on the availability of the technology (thermal images of someone's home violated 4th Amendment)
Judicial History
Domestic surveillance policies are being litigated in the federal courts now, especially those programs illuminated by Snowden
Two cases in particular - ACLU vs James Clapper and Klayman v. Obama – are at the forefront of constitutional controversies surrounding domestic surveillance (namely NSA surveillance policies)
The Supreme Court has YET to rule on the constitutionality of surveillance programs disclosed by Snowden
Affirmative
Most popular cases will be limiting the authority of the NSA
Curtailing, meta or bulk data
Racial Profiling
Disease Surveillance
Affirmative
Freedom Act
Repeal the Patriot Act
End drone surveillance
End all surveillance by government
Advantages
Islamophobia
Hegemony
Race
Gender
Rule of law
Advantages
Privacy
Economic advantages
Modeling
Soft power
Negative arguments
Surveillance good
Terrorism
Political implications
US Credibility/Heg
Economy
What to do now
2 Affirmatives
Freedom Act.
Drones Aff.
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