[Exposicion] Computer and Internet CrimeGerman Teran
Society is turning digital and so its crimes. Internet is not only a great tool for research, it is also a perfect place for criminal... how to apply law in those cases?
Create another jurisdiction?
Internet and computers have changed working, communication, meeting and business requirements and conditions all over globe. Due to this high profile technology, everyone can share any activity that was unexpected and unimaginable few decades back. It was the imagination of people that they will live their lives in this manner and do their business quickly and imagination and dream has come true with the introduction of internet only. Modern society is now associated with internet and related technologies, over a quarter of the world's population is wired into the net and this number is growing every day
[Exposicion] Computer and Internet CrimeGerman Teran
Society is turning digital and so its crimes. Internet is not only a great tool for research, it is also a perfect place for criminal... how to apply law in those cases?
Create another jurisdiction?
Internet and computers have changed working, communication, meeting and business requirements and conditions all over globe. Due to this high profile technology, everyone can share any activity that was unexpected and unimaginable few decades back. It was the imagination of people that they will live their lives in this manner and do their business quickly and imagination and dream has come true with the introduction of internet only. Modern society is now associated with internet and related technologies, over a quarter of the world's population is wired into the net and this number is growing every day
Computer crime, or cybercrime, is a crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target.
Computer crime, or cybercrime, is a crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target.
Cyber crime is a fast-growing area of crime. More and more criminals are exploiting the speed, convenience and anonymity of the Internet to commit a diverse range of criminal activities that know no borders, either physical or virtual, cause serious harm and pose very real threats to victims worldwide.
The Cloud is both compelling and alluring, offering benefits that entice many organizations into rapid adoption. But caution should be taken. Leveraging cloud technologies can offer tremendous opportunities, with the caveat of potentially introducing new security problems and business risks. Presented are strategic recommendations for cloud adoption to a community of application and infrastructure developers.
Cyber Espionage The Silent Crime of Cyberspace Virginia GOllieShoresna
Cyber Espionage: The Silent Crime of Cyberspace
Virginia Greiman
Boston University, Boston, USA
[email protected]
Abstract: In recent years, the disclosure of secrets through cyber infiltration of America’s largest intelligence organization,
the National Security Agency (NSA), has raised the fears of veteran intelligence officials and close allies around the globe that
no institution or government is secure from those who roam the discrete halls of cyberspace. Although espionage has existed
since before the days of the Greek mythological Trojan horse, no one could have envisioned the sophisticated use of
espionage in today’s networked world. Espionage has been used for political and military intelligence and economic and
industrial pursuits with a lack of understanding of all of the impacts on our daily lives. In the context of foreign or international
law, espionage is sometimes characterized as lawless, without controls or regulation, and it rarely distinguishes between
economic and security based cyber espionage. Through empirical analysis this paper explores the treatment of espionage
under various legal systems including those countries and regions considered the most advanced at cyber espionage, the
United States, the United Kingdom, Russia and China. To provide greater insight into the different perspectives of cyber
espionage from a legal standpoint, this paper distinguishes the law of national intelligence collection from the criminal laws
of economic/industrial espionage on the domestic front. The purpose of this research is to analyze the development of cyber
espionage as a preferred means of contemporary warfare, as well as a tool for economic and political intelligence. The paper
concludes by responding to the challenges faced by nation-states in the development of an effective legal system governing
espionage at the domestic and international level.
Keywords: cyber espionage, cybercrime, foreign surveillance, national intelligence, economic espionage, cyber warfare
1. Introduction
Although many countries all over the world are committing cyber espionage, the United States, Russia, and China
represent the most sophisticated cyber spying capabilities (Senate, 2014). A 2011 Report by the Office of the
National Counterintelligence Executive (ONCIX) suggested that the rise of cyberspace as a platform for
innovation and storage of trade secrets was greatly enhancing the risks faced by American firms. The report also
found that the United States remains the prime target for foreign economic collection and industrial espionage
by virtue of its global technological leadership and innovation (ONCIX, 2011).
Cyber espionage has also become an accepted and even preferred means of warfare. That is not to say that
cyber espionage will replace traditional means of warfare, but it is already affecting the nature of nation-state
conflict. Dunn Cavelty (2012) suggests that this shift began with the Cold War ...
ECON 202 Written AssignmentDue April 28th Submitted through BlacEvonCanales257
ECON 202 Written Assignment
Due April 28th Submitted through Blackboard
Topic: You can choose a business or industry that has been impacted by COVID 19. I want you to write a 2 page paper on how you think the pandemic has effected the business and the impact on society. I want you to relate the topic to the economic effects on the society. This will require you to use the terms we have learned and relate the economic principles we have studied in class.
When I say 2 pages I MEAN content of 2 pages. Do not put your name, class section, or any other info at the top or bottom of the page. I will know who it is when you submit it in blackboard, but, if you want to put that information on your paper, Do A Title Page! Use double spacing and a font of 14 for your paper.
The rubric is:
Economic termsuse a minimum of 15 @ 2points each 30 points
Length of paper minimum of 2 pages, 5 paragraphs 10 points
Content of paper is your paper logical, did you present an
Economic position, is it relevant to society? 10 points
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
The Cyber Domain
Metcalf, Andy, USMC;Scott, Dan
Marine Corps Gazette; Aug 2015; 99, 8; ProQuest
pg. 57
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Cyber Espionage: The Silent Crime of Cyberspace
Virginia Greiman
Boston University, Boston, USA
[email protected]
Abstract: In recent years, the disclosure of secrets through cyber infiltration of America’s largest intelligence organization,
the National Security Agency (NSA), has raised the fears of veteran intelligence officials and close allies around the globe that
no institution or government is secure from those who roam the discrete halls of cyberspace. Although espionage has existed
since before the days of the Greek mythological Trojan horse, no one could have envisioned the sophisticated use of
espionage in today’s networked world. Espionage has been used for political and military intelligence and economic and
industrial pursuits with a lack of understanding of all of the impacts on our daily lives. In the context of foreign or international
law, espionage is sometimes characterized as lawless, without controls or regulation, and it rarely distinguishes between
economic and security based cyber espionage. Through empirical analysis this paper explores the treatment of espionage
under various legal systems including those countries and regions considered the most advanced at cyber espionage, the
United States, the United Kingdom, Russia and China. To provide greater insight into the different perspectives of cyber
espionage from a legal standpoint, this paper distinguishes the law of national intelligence collection from the cr ...
Securing our liberty
Commonweal. 140.12 (July 12, 2013): p5.
Copyright: COPYRIGHT 2013 Commonweal Foundation
http://www.cweal.org/
Listen
Full Text:
Edward J. Snowden, the thirty-year-old former National Security Agency contractor who handed over a treasure trove of classified documents about U.S. government surveillance to the Washington Post and Britain's Guardian, is a hero to some and a traitor to others. He claims to have acted out of a sense of outrage over the NSA's indiscriminate collection of the phone and internet records of Americans, decrying the danger such intrusive government oversight poses to democracy and privacy. Snowden subsequently fled to Hong Kong, and from there to Moscow. His eventual destination appears to be Ecuador, Cuba, or Venezuela.
Snowden's efforts to elude U.S. authorities cast an ambiguous light on his motives; the countries where he has sought refuge are not known for upholding the sort of democratic values he claims to be defending. While demanding accountability from the U.S. government, he appears to be seeking immunity for his own actions. Snowden's purposes and fate, however, should be of secondary concern. However misguided his actions may have been, they have reopened a much-needed debate about the reach and authority of what is often called the National Security State. While defending the NSA programs, even President Barack Obama seems to welcome that debate. "You can't have 100 percent security and also then have 100 percent privacy and zero inconvenience," Obama noted when asked about Snowden's leaks. "We're going to have to make some choices as a society. ... There are trade-offs involved."
Administration officials and members of Congress say the government's extensive surveillance programs are crucial to preventing terrorist attacks, and that Snowden has done real damage to efforts to keep Americans safe. Because almost all the relevant information remains classified, it is difficult to assess that claim. NSA officials have now promised to make public details of some of the dozens of terrorist plots they say the massive data-collection effort, called Prism, has helped thwart. That sort of disclosure is long overdue. Although Prism was approved by the Foreign Intelligence Surveillance Act court and is monitored by the intelligence committees of Congress, many Americans were shocked to learn that the government now stores their phone and internet records for possible use in future investigations. While the government is prohibited from listening to the tracked calls, it uses sophisticated algorithms to trace calling patterns. If a series of related calls seems suspicious, the NSA or FBI then gets a warrant from the FISA court to investigate further. No abuse of those procedures has come to light. Still, the mere existence of such records in the government's hands, information that might easily be exploited for political purposes, should concern every American.
It is axiomatic that fighting clande.
This slideshow discusses the importance of Government Surveillance as it pertains to National Security. A Look at some of the legal issues on Public Privacy and Mass Information Intelligence Gathering.
Reply to below posting in a paragraph of at least five sentences by.docxcarlt4
Reply to below posting in a paragraph of at least five sentences by asking questions, reflecting on your own experience, challenging assumptions, pointing out something new you learned, offering suggestions.
1)
Edward Snowden is a hero or a criminal
Edward Snowden, a low-level private contractor to the US-based National Security Agency (NSA), breached moral confidentiality and secrecy obligations by engaging in unauthorized accessing, retrieving and/or releasing of a large volume of confidential data from NSA to the press and, possibly, to foreign powers. Edward Snowden (born June 21, 1983) is a computer programmer who worked as a subcontractor for the National Security Agency (NSA). Snowden collected top-secret documents regarding NSA domestic surveillance practices that he found disturbing and leaked them. During his years of IT work, Snowden had noticed the far reach of the NSA's everyday surveillance.
“While working for Booz Allen, Snowden began copying top-secret NSA documents.”
(Biography.com, 2019) After he had compiled a large store of documents, Snowden told his NSA supervisor that he needed a leave of absence for medical reasons, stating he had been diagnosed with epilepsy. On May 20, 2013, Snowden took a flight to Hong Kong, China. (Biography.com, 2019)
As mentioned by author Rouse in her article referring, he leaked and also raised questions about data sovereignty and how secure a company's data really is if it's stored by a cloud provider based in the United States. In 2014, almost 90% of respondents to a survey commissioned by security consultancy NTT Communications said they were changing their cloud-buying behavior as a result of Snowden’s revelations. Just over half said they are carrying out greater due diligence on cloud providers than ever before, and more than four-fifths responded that they would seek out more training on data protection laws. (Rouse, 2015)
Snowden has also been accused of irregularities under the Espionage Law for knowingly discovering mysterious national security data. When these charges were opened, newspapers quickly guaranteed that he was accused of undercover work. Such cases are not exactly accurate. Undercover work is commonly characterized as
"the act of spying ... to acquire data on plans and exercises, particularly from an external government."
(Richa, (2015) Although there have been hypotheses as to whether the nations to which Snowden fled (Russia and China) have kept their records, there is still no evidence that he has continued to his advantage or helped them easily as would be the case. The situation with great recognition. (Richa, (2015)
Contrary to Snowden’s claim about wanting to stand up for his fellow Americans, the information he leaked actually created more harm than good.
“The majority of the information that he shared is about the U.S. spying on foreign nations and not its domestic operations.”
(Rachel Segal, 2019) As such, he risked damaging America’s relatio.
Article CritiqueThis assignment provides you with an opportunity t.docxrosemaryralphs52525
Article Critique
This assignment provides you with an opportunity to read an article and then to share your thoughts about the article by critiquing the details, including the decisions made.In order to access the resource below, you must first log into the myCSU Student Portal and access the AcademicOneFile database within the CSU Online Library.This article includes details and assertions about the ethical choices/decisions made by Edward J. Snowden, a formerNational Security Agency (NSA) contractor. Here is the reference citation for the article:Securing our liberty. (2013). Commonweal, 140(12), 5.After reading the article, draft a two-page response by discussing the U.S. government’s decision to acquire phone andinternet data without disclosing its intentions to citizens. For this assignment, consider the NSA as an organization (i.e.,business) and Snowden as a manager. How have the decisions of this event impacted the fairness of the U.S.government, its citizens, and Snowden? How did ethics, perhaps, influence Snowden’s decision to leak information? Inthis event, what is the greater good and also the consequences/sacrifices of that greater good? Based on the details ofthis event, what can we learn about making important decisions as a leader and manager?This event was covered by several news and media organizations, so there should be plenty of articles in the library.Conduct a bit more research in the online library related to this event involving Edward Snowden and the U.S.government—see what else you can discover about the event to determine an appropriate punishment, if any, forSnowden’s conduct. Include at least one additional source from the library in your response.The purpose of this assignment is for you to think critically about managers (and other leaders) making importantdecisions, and the process managers use to make important decisions. Consider how important it is to collect all of thefacts before making an important decision, such as those involving fairness and ethics.Use APA Style to format your response. Proofread your work, and submit it in Blackboard for grading.Information about accessing the Blackboard Grading Rubric for this assignment is provided below.
Below is the article.
Edward J. Snowden, the thirty-year-old former National Security Agency contractor who handed over a treasure trove of classified documents about U.S. government surveillance to the Washington Post and Britain's Guardian, is a hero to some and a traitor to others. He claims to have acted out of a sense of outrage over the NSA's indiscriminate collection of the phone and internet records of Americans, decrying the danger such intrusive government oversight poses to democracy and privacy. Snowden subsequently fled to Hong Kong, and from there to Moscow. His eventual destination appears to be Ecuador, Cuba, or Venezuela.
Snowden's efforts to elude U.S. authorities cast an ambiguous light on his motives; the countries where he has sought refuge.
Krempley 1
POL 300
Google/Multi-National Corporations, International Surveillance, and Human Rights
Abstract
The many news reports on cyber security, identity theft, Wikileaks, and NSA intelligence gathering programs over the past few years have shown the international community that the World Wide Web is anything but a safe place to store sensitive information, or any information for that matter. This study will examine how closely multi-national corporations in the information technology sector, such as Google, are involved with national governments on these issues. The study will analyze events in the U.S. and China and attempt to uncover whether or not these have directly infringed upon peoples’ basic human rights.
Question
With emerging information regarding the NSA's PRISM program and China's "Golden Shield Project", has either country directly infringed on peoples' basic human rights?
Hypothesis
As more information is uncovered regarding the true nature of the aims of these internationally implemented programs, it has become increasingly clear that there have been multiple violations of peoples' human rights in both the United States and China with their respective monitoring programs.
The NSA and the PRISM Project
"Since September 11th, 2001, the United States government has dramatically increased the ability of its intelligence agencies to collect and investigate information on both foreign subjects and US citizens. Some of these surveillance programs, including a secret program called PRISM, capture the private data of citizens who are not suspected of any connection to terrorism or any wrongdoing." (Sottek&Kopstein, 2013) Under the guise of a "war on terror", the United States government has consistently upped its efforts to gather as much information as possible regarding the activities of international and domestic citizens alike. Most U.S. citizens were wholly unaware that the government had been running a secret filtration program to determine threat levels of individual citizens both domestically and abroad. This PRISM project and its intentions have recently been leaked in the Edward Snowden fiasco that took the country and the media by storm.
"PRISM is a tool used by the US National Security Agency (NSA) to collect private electronic data belonging to users of major internet services like Gmail, Facebook, Outlook, and others. It’s the latest evolution of the US government’s post-9/11 electronic surveillance efforts, which began under President Bush with the Patriot Act, and expanded to include the Foreign Intelligence Surveillance Act (FISA) enacted in 2006 and 2007." (Sottek&Kopstein, 2013) FISA, "...may be the most powerful court you have never heard of -- operating out of a bunker-like complex blocks from the Capitol and the White House -- sealed tightly to prevent eavesdropping.The FISA Court's larger mission is to decide whether to grant certain types of government requests-- wiretapping, data anal ...
Similar to Final Copy Cyber Crime Research Essay (13)
!!FINAL COPY Capstone Research task, Callum Craigie
Final Copy Cyber Crime Research Essay
1. 1
Callum Craigie
Student no: 42779006
Cyber Crime Assessment 3 Research Essay:
• Mass surveillance and invasion of privacy
Edward Snowden has been called a hero, a whistle-blower, a dissident, a traitor
and a patriot. Was he justified in his actions? Is it ever justifiable for a country
to conduct this level of mass surveillance on its citizens?
In the following analysis the mass surveillance of Edward Snowden leak will be
examined. A brief description of Snowden’s involvement, justifications and
actions that led up to the mass surveillance leak will be discussed. It will be
argued firstly the leak justifiable issue, as it was a breach of social freedoms.
However mass surveillance is justified in the means of precautionary measures
in the ‘altered power dynamic’ of cyber warfare. Snowden’s reasoning will be
argued to be unjustified and a moot point to the secrecy and legality of mass
surveillance. Furthermore the justification’s for the potential hazard of a
Orwellian and totalitarian state on the outcome of mass surveillance will be
discussed.
The Snowden leak involved mass surveillance, the close observation of the
population or a considerable fraction. The modern state performs mass
surveillance upon its’ citizens for security against potential threats. Mass
surveillance is controversial as it is considered a violation of individual’s privacy,
2. 2
political and social freedoms (ULegal.com). Edward Snowden allegedly brought
mass surveillance into the international spotlight after leaking in Hong Kong on
May 2013 documents to a journalist Glenn Greenwald. Snowden was a systems
analyst within Booz Allen contracted by the NSA, to collect and store personal
communications of the United States and other countries. Snowden was working
under the PRISM surveillance program under the administration of the NSA
(Greenwald, 2014). Under the PRISM program raw data information was
collected via metadata traffic observation. The PRISM program was created in
2007 and place under the supervision of under FISA the (U.S. Foreign
Intelligence Surveillance Court) (Director of National Intelligence, 2015). The
documents revealed the NSA and its’ foreign intelligence partners were
conducting warrantless surveillance upon their own citizens. Snowden and
media outlets revealed millions of people’s data information is being stored and
analysed without the authorisation of legislative bodies of the United States and
other countries (Mezzofiore, 2013). The Snowden leak was the alleged revealing
of unjustifiably illegal mass surveillance program, breaching United States and
foreign citizens privacy, political and social freedoms.
What warranted the NSA’s mass surveillance over American citizens was in the
means of precautionary measures in the ‘altered power dynamic’ of cyber
warfare. The ‘altered power dynamic’ refers to the potential of non-state actors
to possess offensive capabilities no different to those of states (Jurick, 2009, p.
287). Non-state cyber attacks have been continuously exacerbated by a lack of
international cooperation in dealing with cyber attacks through domestic law
enforcement (Graham, 2010, p. 93). Furthermore states that have the greatest
3. 3
representation of non-state cyber aggressors such China and Russia have not
signed the Council of Europe Convention on Cybercrime. This has enabled states
such as China and Russia to actively encourage and to turn a blind eye to
‘people’s information warfare’, to the disadvantage to participant states to the
Council of Europe Convention on Cybercrime. The United States through the NSA
in conducting mass surveillance on its’ citizens, is complying with international
cyber law enforcement. Furthermore reducing the American domestic/foreign
chances of involvement or exposure to ‘people’s information warfare’.
Mass surveillance is necessary as targeted surveillance is ineffective. Several
cyber incidents have caused debate as to state responsibility for cyber attacks
emanating from within their own territories and potentially by their own
citizens (Sklerov, 2009). Computer network attacks are commonly conducted in
covert strategies to eliminate any indiscernible traces (Arquilla, 1999, p. 193).
Hence cyber attacks are conducted over multiple systems dispersed
geographically and across unlimited Internet zones (Hunker, 2008). Of particular
relevance was an incident in May 2007, when a distributed denial of service
attack happened upon Estonia. Government ministries, banks, news
organisations and emergency services were shut down. Co-incidentally this was
following political tensions between Russia and Estonia (Traynor, 2007). After
an extensive digital forensic and intelligence investigations two key issues were
identified. The emergence of state state-sponsored espionage of separate
hackers and the implied consent of states or territories, but with the absence of
proof or responsibility (Swanson, 2010, p. 303-333). The absence evidence
involving states or territories can be explained by the origins of the attack. The
4. 4
2007 Estonian cyber incident revealed enemy states can conduct untraceable
and undetectable attacks upon a state, within the victim states boarders or other
unsuspecting state’s borders. To use targeted surveillance in pursuing
responsible parties would therefore be ineffective.
The NSA in conducting a level of mass surveillance is acting within precautionary
means. A cyber attack or cyber war unlike conventional warfare does not involve
the mass movement of tanks and solders across boarders. A cyber attack can
emerge in a foreign territory, with no link to the state sponsoring it. For example
civilians may conduct cyber attacks from an office block in the Netherlands
against the United States on behalf of the People’s Republic of China (Report of
the UN Secretary General, 2011). It is an issue of ‘imputed territorial
responsibility’, were the threshold of state involvement in a cyber attack is of
much greater utility than the ‘effective control’ and as a requisite burden of proof
in the self-defence of the alleged perpetrator state (Kanuck, 2010, p. 1592).
Furthermore in establishing any form of self-defence in the deterrence of alleged
non-state actors no clear guidance of appropriate international response is
given. For example the right of a state to conduct self-defence in the event of an
‘armed attack’ is defined in Article 51 of the UN Charter. However Article 51
further explains to execute self-defence, clear guidance as to when the armed
attack occurred and to what state was responsible. In setting the cyber espionage
threshold so low, it is an enormous burden upon all states to prevent or prove a
cyber attack is been or has been conducted within their own territories or
others. Hostile states exploit private individuals as a ‘convenient covers’ for
cyber attacks, with the advantage of ambiguity. In using non-state proxy servers
5. 5
that can be anywhere in the world, acting as prevalent in of conventional warfare
(Lubell, 2010, p. 98). Therefore the NSA within precautionary means is reducing
the chances of American citizens or private individuals been exploited as
‘convenient covers’ to hostile states means of ambiguous cyber warfare
measures.
The NSA in collecting information by mass surveillance was using the most
efficient pursuit and deterrence measures of cyber attacks. Snowden
hypocritically admitted the efficiency of mass surveillance. In 2013 in a Hong
Kong interview Snowden is recorded stating; “the NSA specifically targets the
information of everyone, it’s the easiest, most efficient and most valuable way to
achieve these ends” (Freedom of Press Foundation, 2013). According to Hunter
commanders in seeking to pursue the cyber attack perpetrators, conduct post
event tracing by way of an ‘IP trace back’. The IP address of the attacking system
is narrowed down to a location through the assistance of Internet Service
Providers (Hunker, 2008, p. 6). However counterproductively trace back
techniques are reliant upon the storing of data logs by routers, requiring
commercial and international cooperation in providing access to those routers
(Graham, 2010, p. 97). Due to the high volume of data travelling through routers
the logs are only kept temporarily, to save storage space (Chaikin, 2006, p. 246).
Furthermore Internet Service Providers may not cooperate with authorities in
providing IP addresses for of privacy concerns and domestic legal liabilities
(Young, 2010, p. 190). Therefore targeted surveillance would be a difficult
pursuit process; many investigations of cyber attacks would lead to boundaries
of uncooperative parties. The NSA in collecting this information by mass
6. 6
surveillance instead of targeted surveillance is avoiding non-cooperative parties
by collecting data before potential issues arise.
To argue Americans or the international community needed to know about mass
surveillance being a secret is a moot point. Mass surveillance has been exercised
to knowledge of the public and has being legally constitutionally valid for
decades. The Patriot Act is amongst the most publicly recognised and legal
government acts permitting mass surveillance. The Act was of the United States
Congress, signed into law by President Bush in 2001 and continuously extended.
The Patriot Act gave FISA further authority to monitor United States citizens by
“bugging of all will” (Brzezinski, 2004, p. 68). FISA was notably already following
for its’ original primary purpose of the monitoring of foreign citizens, under the
Foreign Intelligence Act of 1978 (Harper, 2014, p. 1134). Furthermore Executive
Orders of Presidents have issued the NSA permission to access Americans’ data
by ‘clandestine means’. “Executive Order 12333, originally issued 4 December
1981, delineates the NSA/CSS roles and responsibilities. In part, the Director,
NSA/Chief, CSS is charged to: Collect (including through clandestine means),
process, analyze, produce, and disseminate signals intelligence information and
data for foreign intelligence and counterintelligence purposes to support
national and departmental missions. Furthermore the executive order was
amended in 2008 to be further used in the protection of American civil liberties
(NSA, 2015). For counterintelligence purposes mass surveillance can be
conducted within the reasoning of precautionary and efficiently reasons of
pursuit, as stated previously.
7. 7
The Executive Orders and congressional acts were on the public record and
furthermore were issued by an Executive with the democratically elected
authority to do so. The Patriot Act nor the Executive Orders have not being
successfully challenged constitutionally in the Supreme Court. Over thirty years
after the executive orders were implemented the 4th estate claims the orders to
be unconstitutional, however no ruling of the illegality of the orders exists
(Network World, 2014). Furthermore although in apparent breach of the UN
declaration of human right rights article twelve, neither the U.N nor the
international community has objected to mass surveillance (U. N Universal
Declaration of Human Rights, 2015). Quoted to be ‘the globalisation of American
law’, the EU Parliament in 2005 after making mass surveillance illegal following
the Madrid and London bombings, legalised mass upon EU citizens. There are
only allegations and with no Supreme Court rulings to make the Executive orders
or the NSA’s mass surveillance pursuits unconstitutional, with limited
international rejection (Eggert, 1983, p. 611-644). Thus Americans and the
international community needing to know about mass surveillance being a
secret is a moot point.
Mass surveillance and to the degree it is used and collected can be argued to be a
valid point. An Orwellian society refers to George Orwell’s novel 1984 of a
societal condition where the state has eliminated free society. The Orwellian
state controls society through surveillance, propaganda, misinformation, and
manipulation of the past and the denial of truths (Drabble, 2000, p. 726). The
authorisation and monitoring of the mass surveillance state has raised the issue
of the proportionality to the extent of the production of misinformation,
8. 8
manipulation, elimination of free society and the creation of a totalitarian state
(Spector, 2015, p. 1).
Rusbridger editor of the Guardian newspaper highlights the extent to which
mass surveillance can have disproportionate outcomes between privacy,
security and freedom. The potentially Orwellian issues were highlighted, consent
as to what new technologies have been and can be deployed to collect and
analyse their digital lives is question remains unanswered. The mass
surveillance laws were passed in an analogue era, before citizen’s lives became
more digitalised. The private sector, the digital economy and the integrity of the
web remain an issue, as to what extent individual’s private information and
financial data is exchanged. Furthermore the issue of the creation of deliberate
false information by unmonitored classified intelligence courts (Rusbridger,
2014). FISA acting as a secret court previously has ruled some mass surveillance
actions by the NSA to be in breach of federal law and the constitution. However
to what mass surveillance action the NSA breached is unknown, furthermore to
what the NSA is been permitted to do by FISA is unknown (Butler, 2013, p. 67).
The use of mass surveillance under FISA an unmonitored court, can potentially
lead to Orwellian and totalitarian state governance. Therefore one can argue
Snowden is a Whistle-blower as he has highlighted potentially FISA and the NSA
can act unconstitutionally and illegally, without public knowledge.
In conclusion mass surveillance in in no doubt an invasion of privacy, however it
is a necessary evil. Snowden’s actions are justifiable as it was brought to public
attention the extent of mass surveillance. But Snowden’s argument was flawed as
9. 9
it was not secret the United States government had the authority to do so and
within legal means. Furthermore the United State Government was complying
within international cyber law enforcement, reducing the chances of
involvement or exposure of American’s to the ‘altered power dynamic’. Mass
surveillance is a much more efficient precautionary and pursuit method to avoid
American citizen’s been exploited for ambiguous cyber warfare means. NSA was
following its’ Executive, congressional and constitutional valid orders. Snowden’s
and any other allegations questioning illegality of mass surveillance have yet to
be successfully proven. The most apparent issue is the proportionality of mass
surveillance. Although legally and constitutionally valid, there is the potential of
a totalitarian or Orwellian state to emerge. The possibility of misinformation,
manipulation and elimination of free society is a possibility. Permitted closed
courts such as FISA could potentially abuse their authority as the extent of their
mass surveillance remains disclosed. Mass surveillance is potentially hazardous
and justifiable, but is a necessary evil.
10. 10
Bibliography:
Books and Academic Studies:
Arquilla. J, Ronfeilt. D and Zanini. M, (1999). The Advert of Netwar: Analytic
Background, Studies in Conflict Terrorism, Routledge.
Brzezinski. M, (2004). Fortress America: On the front lines of Homeland Security:
An inside look at the coming surveillance state, Bantam.
Drabble. M. (2000). Oxford Companion to English Literature, Oxford University
Press, Ed. 6.
Greenwald. Glenn, (2014). No place to hide: Edward Snowden, the NSA, and the
US intelligence state, New York Metropolitan Books/Henry Holt.
Hunker. J, Hutchinson. B and Margulies. J. (2008). Role and Challenges for
Sufficient Cyber-Attack Attribution, Institute for Information Infrastructure
Protection, accessed 25/05/2015.
URL: http://www.thei3p.org/docs/publications/whtiepaper-attribution.pdf
Lubell. N. (2010). Extraterritorial Use of Force Against Non-state Actors’, Oxford
University Press.
11. 11
Spector. H. (2015). Education and the Question of Totalitarianism, Studies in
Cultural Politics of Education, Routledge.
Journals:
Butler. A. (2013). Stand Up to Clapper: How to Increase the Transparency and
Oversight of FISA Surveillance, New England Law Review, Vol. 48.
Chaikin. D. (2006). Network investigations of cyber attacks: The limits of digital
Evidence, Crime, Law and Social Change, Vol. 46, No. 5.
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