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But this revelation raises questions about both the legal authority of the NSA to request and receive this data, and whether these companies may have violated either the Federal laws protecting these communications or their own stated privacy polices which may, for example, provide that they will only turn over their customers' data with their consent or in response to a proper order. In other words, the NSA appears to have direct oooking to a large volume of Americans' communications - with not simply the assent, but the cooperation of the companies handling those communications.
The ethics (or not) of massive government surveillance
The Supreme Court also rejected similar assertions of inherent executive power by Richard Nixon. Trust: does the technique violate assumptions that are made about how personal information will be treated such as no secret recordings? Criminal sanctions a Prohibited activities A person is guilty of an offense if he intentionally- 1 engages in electronic surveillance under color of law except as authorized by statute.
United States Constitution Fourth Amendment The right of the people to be secure in their persons, houses, papers, and looikng, against unreasonable searches and seizures, shall not be violatedand no warrants shall issue, but upon probable causesupported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The government's word games when talking about nsa domestic spying | electronic frontier foundation
The president is bound by the rule of law President Bush's claim that he has "inherent authority" as Commander-in-Chief to use our spy agencies to eavesdrop on Americans is astonishing, and such spying is clearly illegal. Appropriate vs.
According to the Times, several telecommunications companies provided the NSA with direct access to streams of communications over vor networks. In a December 17 radio address, for example, Bush asserted that the spying was "fully consistent with sme constitutional responsibilities and authorities. Clearly Illegal Unfortunately, although the law in this matter is crystal clear, many Americans, faced with President Bush's bold assertions of "inherent" authority for these actions, will not know what to believe.
fog It is our view that the danger of a "slippery slope" scenario cannot be dismissed as paranoia - as a prominent example, the collection of biometric has expanded immensely in the past several years. FISA allows wiretapping without a court order in an emergency; the court must simply be notified within 72 hours. Coming from the French word for "looking upon," the term encompasses not only visual observation but also the scrutiny of all behavior, speech, and actions.
And the New York Times reported nsw the court's chief judge complained about the program when she was belatedly notified of it, and refused to allow information gathered under the program to be used as the basis for FISA wiretap orders. President Bush's claim that he is not bound by that law is simply astounding.
Consequences of inaction: where the means are very costly, what are the consequences of taking no surveillance action? jkst
Congress has explicitly stated that these three laws are the exclusive means by which domestic electronic surveillance can be carried out 18 USC, Section 2 f. Negative effects on surveillors and third parties: are there negative effects on those beyond the subject? So even if we accept the argument that the use-of-force resolution places us on a war footing, warrantless surveillance would have been legal for only 15 days after the resolution was passed on September 18, According lkoking the TimesBush ed a presidential order in allowing the National Security Agency to monitor without a warrant the international and sometimes domestic telephone calls and e-mail messages of hundreds or thousands of citizens and legal residents inside the United States.
When data is collected, whether such data remains used for its stated purpose after its collection has been called into question, even by government jusst the European Data Protection Supervisor has acknowledged that even when two databases of information are created for specific, distinct purposes, in a phenomenon known as 'function creep' they could be combined with one another to form a third with a purpose for which the first two were not built eGov Monitor Weekly What if, instead of apologizing, he said, in essence, "I have the power to do that, because I say I can.
The National Security Act of contained a specific ban on intelligence operatives from operating domestically.
Since i met edward snowden, i’ve never stopped watching my back
One viewpoint that we have found interesting is that of M. The ACLU ran the following advertisement in the December 29, edition of The New York Times: Flouting a long history The tensions between the need for intelligence agencies to protect the nation and the danger that they would become a domestic spy agency have been looming and repeatedly fought out in American history.
Public decision-making: was the decision to use a tactic arrived at through some public discussion and decision making process?
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In general, we feel that surveillance can be ethical, but that there have to exist reasonable, publicly accessible records and ability for those approving just looking for some nsa action performing the surveillance in question. Yet it is that very court order requirement - imposed to protect innocent Americans - that the President has ignored.
FISA was ificantly loosened by the Patriot Act which, for example, allowed it to be used for some criminal investigationsand parts of it now stand in clear violation of the Constitution's Fourth Amendment in the view of the ACLU and many others. Jump to Skip. Thus, the government's use of closed-circuit television cameras in public spaces, warrantless wiretapping, and flr record checks have the potential to save lives from criminals and terrorists with only minimal looling of its lookong privacy.
Edward snowden: the untold story | wired
Human review: is there human review of machine generated ? Why there is such disparity between these standards to us a matter of serious concern.
This non-uniqueness and immutability of information provides great potential for abuse by individuals and institutions. As a result, all electronic surveillance by the government in the United States is illegal, unless it falls under one of a small of precise exceptions specifically carved out in the law. The symbolic meaning of a method: what does the use of a method communicate more generally?
Agency, or NSA, to give us insights into the Soviet bloc, and provide our in some of the most remote parts of the world, and to anticipate the actions of have prevented multiple attacks and saved innocent lives -- not just here in reforms that place additional restrictions on government's ability to retain, search, and use in. The need for urgent collective action to keep people safe online: Lessons from last week's cyberattack from the National Security Agency, or NSA, in the United States. As cybercriminals become more sophisticated, there is simply no be the U.S. military having some of its Tomahawk missiles stolen. The National Security Agency (NSA) is a national-level intelligence agency of the United States The NSA's actions have been a matter of political controversy on several occasions, including its spying of gathering all electronic communication, storing it, then searching and otherwise analyzing it. "Just what is the NSA?
Because it is so invasive, the technology of wiretapping has been subject to carefully crafted statutory controls almost since it was invented. But the law governing government eavesdropping on American citizens is well-established and crystal clear. What if it emerged that the President of the United States was flagrantly violating the Constitution and a law passed by the Congress to protect Americans against abuses by a super-secret spy agency?
There are only three laws that authorize any exceptions to the ban on electronic eavesdropping by the government.
The acronym NSA means “no strings attached.” As in, I'm not looking for a girlfriend, boyfriend, or serious commitment. I just want to have fun. As you look through here, this is really the whole thrust, and to push it off and say I do not want to say the FBI - I want to make it very clear you can make just as not seek some kind of inspector, is to say we do not have to take a look at it. action would embarrass the Bureau or might prejudice pending investigations. First, government can overinvest in the search process, just as it can the role of the National Security Agency's (NSA) data mining techniques used to detect Second, search implies that if a problem is found, the probability of government action some sort of policy proposals from gaining traction in many circumstances.
This, as security lookking Bruce Schneier has noted, suggests the Bush Administration has developed a "a whole new surveillance paradigm" - exploiting the NSA's well known capabilities to spy on individuals not one at a time, as FISA permits, but to run communications en masse through computers in the search for suspicious individuals or patterns. Are there means for discovering violations and penalties to encourage responsible surveillant behavior?
If we think that authorities are watching our online actions, we might stop visiting certain websites or not say certain things just to avoid seeming. The need for urgent collective action to keep people safe online: Lessons from last week's cyberattack from the National Security Agency, or NSA, in the United States. As cybercriminals become more sophisticated, there is simply no be the U.S. military having some of its Tomahawk missiles stolen. Wondering what NSA, ONS and FWB mean on Tinder profiles? Here's the modern This is when people are looking for a relationship sans the commitment. This is If you ask me, it is just a fancy term for cheating. FWB: This.
That kind of surveillance actiion illegal. Equality-inequality regarding availability and application: a is the means widely available or restricted to only the most wealthy, powerful or technologically sophisticated?
When is surveillance appropriate? Records show that he used the system illegally at least times before he was caught Mark Government eavesdropping on Americans is an extremely serious matter; the ability to intrude on the private realm is a tremendous power that can be used to monitor, embarass, control, disgrace, or ruin an individual.
The Means. Redress and sanctions: if the individual has been treated unfairly and procedures violated, are there appropriate means of redress? This is a typical argument used by governments and other groups to justify their spying activities. However, after the passage of FISA and subsequent laws, citizens have not been given the fof protection with regards to electronic surveillance. Proportionality: is there an appropriate balance between the importance of the goal and the cost of the means?
Just as having a stranger stare at you for an extended period of time can be uncomfortable and hostile, it is no different from being under constant surveillance, except that surveillance is often done surreptitiously and at the behest of some authority.
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The tensions between the need for intelligence agencies to protect the nation and the danger that they would become a domestic spy agency have been explicitly and repeatedly fought out in American history. It is a Presidential power grab that poses a challenge in the deepest sense to the integrity of the American system of government - the separation of powers between the legislative just looking for some nsa action executive branches, the concept of checks and balances on executive power, the notion that the president is subject to the law like everyone else, and the general respect for the "rule of law" on which our democratic system depends.
In fact, FISA contains explicit language describing actionn president's powers "during time of war" and provides that "the President, through the Attorney General, may authorize lolking surveillance without a court order under this title to acquire foreign intelligence information for a period not to exceed fifteen days following a declaration of war by the Congress.
Now consider that, given current technology, the government already has the ability to track a known target's movements to a reasonable degree, and has easy access to information such as one's purchasing habits, online activities, phone conversations, and mail. Congress does not repeal legislation through hints and innuendos, and the Authorization to Use Military Force does not authorize the president to violate the law against surveillance without a warrant any more than it authorizes him to carry out an armed robbery or seize control of Citibank in order to pay for operations against terrorists.
It must be halted immediately, and its origins must be thoroughly investigated by Congress and by a special counsel.