The document summarizes concerns about government surveillance programs as discussed by several whistleblowers. It begins by discussing Eisenhower's warning about the military-industrial complex capturing public policy. It then discusses how leaked documents from Edward Snowden and others show the NSA collecting all electronic communications data in violation of the 4th Amendment's warrant requirements. Whistleblowers like Binney, Klein, and Tice corroborate that the NSA collects everything to have access to anyone's data at any time, allowing for misuse of power like blackmail.
This presentation was given to a class on the problems with the current Katz analysis. I also proposed certain revisions to the analysis using the Fifth Amendment's takings clause jurisprudence.
A CLE presentation at the New York County Lawyer Association by Monique Altheim, Esq. with Joseph Bambara, followed by a panel discussion with Hon. James C. Francis, U.S. Magistrate Judge, Southern District of New York.
Everyone seems to think that Big Social has made privacy a thing of the past. Think again. It's a human right and it's on the Endangered Species list, but there are ways to save it. Find out how.
This presentation was given to a class on the problems with the current Katz analysis. I also proposed certain revisions to the analysis using the Fifth Amendment's takings clause jurisprudence.
A CLE presentation at the New York County Lawyer Association by Monique Altheim, Esq. with Joseph Bambara, followed by a panel discussion with Hon. James C. Francis, U.S. Magistrate Judge, Southern District of New York.
Everyone seems to think that Big Social has made privacy a thing of the past. Think again. It's a human right and it's on the Endangered Species list, but there are ways to save it. Find out how.
How can technology help lawyers in litigation? This talk explains how digital information processing can increase efficiency and simply fact gathering and organization.
This training will help you navigate the copyright, fair use, and usage rights of including third-party content in your digital project. Whether you seek to embed video from other sources for analysis, post material you scanned from a visit to the archives, add images, upload documents, or more, understanding the basics of copyright and discovering a workflow for answering copyright-related digital scholarship questions will make you more confident in your publication. We will also provide an overview of your intellectual property rights as a creator and ways to license your own work.
The workshop was delivered over Zoom on November 10, 2020.
Our unstable world has left many American’s to consider the costs and benefits of national security and civil rights. This paper briefly reviews the States Secret Privilege, Foreign Intelligence Surveillance Act (FISA), and The Patriot Act. In response to the attacks to our financial capital in New York and our nation’s defense department, The Patriot Act was enacted. These expansive powers granted to protect our security are examined in terms of how the impact upon potential limitations to our Constitutional Rights.
How can technology help lawyers in litigation? This talk explains how digital information processing can increase efficiency and simply fact gathering and organization.
This training will help you navigate the copyright, fair use, and usage rights of including third-party content in your digital project. Whether you seek to embed video from other sources for analysis, post material you scanned from a visit to the archives, add images, upload documents, or more, understanding the basics of copyright and discovering a workflow for answering copyright-related digital scholarship questions will make you more confident in your publication. We will also provide an overview of your intellectual property rights as a creator and ways to license your own work.
The workshop was delivered over Zoom on November 10, 2020.
Our unstable world has left many American’s to consider the costs and benefits of national security and civil rights. This paper briefly reviews the States Secret Privilege, Foreign Intelligence Surveillance Act (FISA), and The Patriot Act. In response to the attacks to our financial capital in New York and our nation’s defense department, The Patriot Act was enacted. These expansive powers granted to protect our security are examined in terms of how the impact upon potential limitations to our Constitutional Rights.
THE ETHICAL DILEMMA OF THE USA GOVERNMENT WIRETAPPINGZac Darcy
USA Government wiretapping activities is a very controversial issue. Undoubtedly this technology can
assist law enforced authority to detect / identify unlawful or hostile activities; however, this task raises
severe privacy concerns. In this paper, we have discussed this complex information technology issue of
governmental wiretapping and how it effects both public and private liberties. Legislation has had a
major impact on the uses and the stigma of wiretapping for the war on terrorism. This paper also
analyzes the ethical and legal concerns inherent when discussing the benefits and concerns of
wiretapping. The analysis has concluded with the effects of wiretapping laws as they relate to future
government actions in their fight against terrorists.
Cybersecurity Strategies - time for the next generationHinne Hettema
In this talk, presented in June 2016 at KAIST, I argue that it is time for the next generation of cybersecurity strategies. These must have a governance focus, and be based on international laws, declarations and agreements, basic internet rights and public good provisions.
There is rarely a time that goes by that there is not some discuss.docxchristalgrieg
There is rarely a time that goes by that there is not some discussion in the news of how to establish the critical balance between privacy and national security. In fact, for some, it is not a matter of balance. They would advocate that we err on ensuring that the nation is secure no matter the infringement upon privacy rights; or conversely that the right to privacy trump all other endeavors, including national security. However, most contend that there is indeed a balance between the two, but it remains a significant challenge to determine exactly what that looks like.
This challenge is particularly prevalent in the intelligence field. As you have learned, much of what occurs in the intelligence field in conducted in secrecy. While the inputs to the intelligence process may very well be open source material that everyone can access, once analyzed and combined the intelligence products contain very sensitive and guarded information of national significance. However, the U.S. is a democracy that embraces the ideals of government transparency and the protection of constitution rights. As such, congressional oversight of intelligence activities is employed to ensure these ideals are upheld.
Congressional Oversight
It is not difficult to imagine that the intelligence community and congress can often find themselves at odds with one another. This is in part due to the fact that congress has three distinct mechanisms by which to mange the IC:
1. Controlling Resources
2. Passage of new legislation
3. Release of information to the public
Controlling Resources: Like all agencies, Congress is responsible for the review and authorization of funding for intelligence agencies. The power for Congress to do this function comes from the Intelligence Authorization Act. By controlling the funding, Congress can effectively threaten to withhold funding from the IC until the IC is able to thoroughly justify their needs and proposed expenditures (Riley & Schneider, 2010).
Passage of New Legislation: Another function that Congress exerts over all agencies, including the IC, is legal in nature. Congress is charged with ensuring that new legislation is passed that “authorizes, constrains, or otherwise affects the operations of the intelligence agencies”. Therefore, Congress has the ultimate ability to control the actions that the IC is legally allowed to execute. The IC does not grant their rights or powers (Riley & Schneider, 2010).
Release of Information to the Public: Senate Resolution 400 created the Senate’s intelligence oversights committee and also provides for the ability for Congress to declassify information for public release. This action has never been executed, although the ability for Congress to do so remains a power (Riley & Schneider, 2010).
Events Leading to Congressional Control
Interestingly, Congress did not always have the powers over the IC that they do today. In fact, there were several events that lead to this current relationship. Histo ...
2. Eisenhower
Jan. 17, 1961 (farewell address):Warned the
nation of the potential for “unwarranted
influence, whether sought or unsought, by
the military-industrial complex.”
Also said one of the ways this could manifest
is through the “danger that public policy
could itself become the captive of a scientific-
technological elite.”
3. The Internet Generation
Pause to consider this: you probably use the
internet for several hours each week, if not
every day of your life. Fifteen years ago this
would not have been the case. Most of us
have barely begun to grasp what age we live
in. Usually history grants that perspective.
Could Eisenhower have been referring to our
time? Are we living in a time where his words
are applicable?
4. ?
“The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and noWarrants shall issue, but
upon probable cause, supported by Oath or
affirmation, and particularly describing the
place to be searched, and the persons or
things to be seized.”
5. The 4th Amendment
Warrants
Probable cause
Oath or affirmation supporting probable
cause
Particularly describing place to be searched
Particularly describing the persons to be
searched or things to be seized
6. Edward Snowden
“I don’t want public attention because I don’t
want the story to be about me. I want it to be
about what the US government is doing.”
NSA consultant, leaked doc. to Guardian
Another recent piece: “the NSA reportedly is
making a copy of nearly every international
email. It then searched that cloned data,
keeping all of the emails containing keywords
and deleting the rest – all in a matter of
seconds.”
8. A Question for William
Binney
Q: Does this scandal prove that there is no
such thing as privacy in the surveillance
state?
“Well yes, that’s what I’ve been basically
saying for quite some time, is that the FBI has
access to the data collected which is basically
the emails of virtually everybody in the
country and the FBI has access to it, all the
congressional members are under
surveillance too. No one’s excluded.”
9. Mark Klein
Worked for AT&T facility in San Francisco
2003: Discovered a room 641A where NSA
was splitting off cables and copying
information traffic on the internet.
11. Russell Tice: An
Introduction
Worked for the NSA as satellite systems
specialist.
Worked with 2005 NYT piece “Spying
Program Snared U.S. Calls” where it was
written that the program was used to spy on
only “as many as 500 people at any one
time.”
12. A Question for Russell Tice
Q: Can you give us your impression on what’s
been released… what’s being talked about and
what’s not being talked about so far?
“Here’s the big thing: NSA collects everything.
NSA collects word-for-word content of every
phone call communication, of every email, of
every Skype message system, of everything. Of
all the Facebook and all the Google and all that
other information too.They collect everything.
It’s all automated by system.”
13. More from Russell Tice
Went on Keith Olbermann Jan. 21, 2009 (day after Bush
presidency ended).
Speaking back on that appearance, said “back then the
NSA didn’t have the capability to go after everything” for a
couple reasons.
“One was they didn’t have the computer processing
capability to go after, to process everything.The second
was they didn’t have the electricity.They literally didn’t
have the power.”
“For more than a couple years, they were making everyone
at analysts – or all the folks at NSA – freeze during the
winter and roast during the summer because they were
cutting back on heating and air conditioning to pump more
electricity into those vast computers that they were setting
up…. they didn’t have the electricity to run everything.”
14. Tice continued
“Hence, they were upgrading facilities at Fort
Meade [NSA Headquarters] as best they
could.They were going to other places in
Texas and in Georgia.And then ultimately,
the key was to build this Bluffdale, Utah
facility out west.”
16. What Are They Storing?
Answer: Everything
Tice: “They decided they were just going to
collect everything.”
“Then later on at some point they wanna go
‘Okay we want to know what Mr. Corbett said in
the last seven years’ or whatever for some
reason, and they go back and they pull out all
your information, all the conversations you’ve
had in the last seven years and then they process
that information and… have human analysts
looking at it.”
17. Why Privacy Matters
Daniel J. Solove, Associate Professor, GWU Law School:
“Commentators often attempt to refute the nothing-to-
hide argument by pointing to things people want to hide.
But the problem with the nothing-to-hide argument is the
underlying assumption that privacy is about hiding bad
things. By accepting this assumption, we concede far too
much ground and invite an unproductive discussion about
information that people would very likely want to hide. As…
Schneier aptly notes, the nothing-to-hide argument stems
from a faulty ‘premise that privacy is about hiding a wrong.’
Surveillance, for example, can inhibit such lawful activities
as free speech, free association, and other First
Amendment rights essential for democracy.”
18. A Question for Edward
Snowden
Q:Why should people care about surveillance?
“Because even if you’re not doing anything wrong you’re
being watched and recorded, and the storage capabilities
of these systems increases every year consistently by
orders of magnitude to where it’s getting to the point you
don’t even have to have done anything wrong.You simply
have to eventually fall under suspicion from somebody –
even by a wrong call – and then they can use the system to
go back in time and scrutinize every decision you’ve ever
made, every friend you’ve ever discussed something with,
and attack you on that basis to sort of derive suspicion from
an innocent life and paint anyone in the context of a
wrongdoer.”
CorroboratesTice
19. What We Know
So, system collects everything.
Can then target specific people to find their
information.
20. Other Dangers
Corbett: “If knowledge is power, then the knowledge that comes with
collection of all, interception of all communications in the United States
and around the world is just an incredible amount of power that
obviously can be used politically. …I think the number one implication of
all this is the power that can be used via blackmail.”
Some people targeted by NSA (Tice):
Journalists
Members of Congress – both houses
Federal judges
Every member of the Supreme Court (held Alito’s paperwork in his hand)
Scott McClellan,White House Press Secretary
Colin Powell – Secretary of State, Generals - Shinsheki & Petraeus
Obama (back in 2004)
21. Conclusion
The political system of the United States is
predicated upon a delicate balance of powers
– “checks and balances” – some of which are
vested in its citizens. Given the apparent
tension between recently leaked government
surveillance programs and certain civil
liberties, we should pay close attention to
what is going on around us.
22. Outcomes
Be able to state basic purpose and provisions
of (familiar with) 4th Amendment (e.g.
warrants)
Recognize tensions between 4th Amendment
and current (leaked) government surveillance
programs
State one danger resulting from granting
government these powers (universal
warrantless surveillance)
23. Bibliography
Presidential Farewell Address – Dwight D. Eisenhower
AmericanRhetoric.com:
http://americanrhetoric.com/speeches/dwightdeisenhowerfarewell.html
United States Constitution, Amendment IV
Archives.gov:
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
“Meet theWhistleblower Responsible for the Massive NSA Leak”
Alternet.org: http://www.alternet.org/civil-liberties/whistleblower
“The NSA is turning the internet into a total surveillance system”
The Guardian: http://www.theguardian.com/commentisfree/2013/aug/11/nsa-
internet-surveillance-email
“NSAWhistleblower: Everyone in US under virtual surveillance, all info stored,
no matter the post”
Youtube.com: http://www.youtube.com/watch?v=TuET0kpHoyM
“AT&T Whistle-Blower’s Evidence”
Wired.com: archive.wired.com/science/discoveries/news/2006/05/70908
24. Bibliography cont.
“Interview 685 – RussTice Reveals theTruth About NSA Spying”
The Corbett Report.com: http://www.corbettreport.com/interview-
685-russ-tice-reveals-the-truth-about-nsa-spying/
“Spying Program Snared U.S. Calls”
The NewYorkTimes:
http://www.nytimes.com/2005/12/21/politics/21nsa.html
“The NSA’s New Spy Facilities are 7Times BiggerThan the Pentagon”
DefenseOne.com:
http://www.defenseone.com/technology/2013/07/nsas-big-dig/67406/
“Why Privacy Matters Even ifYou Have ‘Nothing to Hide’”
The Chronicle of Higher Education: http://chronicle.com/article/Why-
Privacy-Matters-Even-if/127461/
“NSA whistleblower Edward Snowden: ‘I don’t want to live in a society
that does these sort of things’”
Youtube.com: http://www.youtube.com/watch?v=0hLjuVyIIrs