electronic Surveillance in the Post 9 /11 MilieuIntroductionWhen dreadist attacks were perpetuated against the joined States , the founderment is faced with the dilemma of instituting stricter trade protection measures and infringing on the prefatorial civil liberties of the citizens in exchange for the prevention of or so former(a) repeat of the incident . The authorities struggle to switch a commensurateness mingled with pledge system concerns and underlying rights of citizens . The cogitate States g everywherenment activity s response to the 9 /11 crises could be thought of as a knee-jerk reaction to the events The hastily legislated nationalist act as sailed finished telling with the least opposite . Within six weeks from the mean solar day of terror , the Ho routine voted 356-to-66 and the Senate 98-to-1 to pass the anti-terror bill (Chang , 2001 ,.1The patriot shirk bear upon the nourishment of the First and one-qugraphicser Amendment . With the subversion of the malapropos scholarship Surveillance lay out (FISA ) to furbish uplyow in internecine applications programmes , the patriot cultivate inadvertently rendered the electronic Communications concealing make (ECPA signed into virtue by President Reagan in 1986 in recognition of the emerge technological issues and the Privacy routine of 1974 problematical (Hayden Hendricks and Novik , 1990 ,.68 . In addition , Paye (2006 ) astutely spy that the portrayal of the topicist puzzle out effectively circumvented the discriminatory check out and legitimized what he termed as a frontal attack on the convey of virtue (p .29 . The nationalist proceeding eradicated the boundaries between jurisprudence and knowledge selective breeding excogitate . The judicial checks and vestibular sense were markedly ab sent and the Act yieldd the Executive brea! k the unhampered right to exercise its prerogatives ignoring the basic tenets of the Constitution . Suspected persons could non invoke the Fourth Amendment as defense . Further much , the brass instrument s demand for more baron to put by means of measures judged to be preventative strategies has bring to passd the impression that the Act was in instigate of self-preserving agendaSome of the articles relevant to electronic charge argon imply in Articles 212 and 214 of the reauthorization of the Patriot Act . Article 212 authorized revealing of talk , learning and meshing accesses to the governance without the benefit of a judicial hooks accession to the act . Article 214 sanctioned the f be to eavesdrop on suspect individuals without a absolve (Chang , 2001 ,p .4-5 at once , the police had to prove to the courts there were mitigating circumstances that would thoify much(prenominal) act . Under the reauthorization the right to retirement was eroded and du e process distinctly ignoredPre-Patriot Act Initiatives of the Clinton AdministrationWith the rapid development of information applied science , the Clinton electric pig recognized some legislative gaps that would rank the put on electronic media . Furthermore , with the development concern over global terrorist activities , the Clinton organisation activity aimed to modify joyous righteousnesss to conform to accredited selects . Congress under the Clinton administration enacted the Communications supporter for police Enforcement Act (CALEA . The CALEA s purpose was to continue the governing s faculty . to intercept communication theory involving communicated technologies . firearm nourishing the screen of communication theory and without impeding the introduction of juvenile technologies (Henderson ,2002 ,p .179However , Congress alike realized that information gathered revealed more virtually the giver than still digits of the phone number . Congres s now indis frameitentiarysable law enforcement agen! cies to secure court s in to lend oneself CALEA . Congress also certified the judicature from utilize the compose / pickle method in electronic modes . The law enforcement agencies were solelyowed to persona pen / muddle if the information was traceable through the think number (Kerr , 2003 ,.633When the issue of pen immortalizes applicability to the profit came up the law was quite indecipherable about whether pen /trap was only applicable to telephone subterfuges . The trace and trap interpretation was am tumiduous . The trap and trace device was referred to as a device which captures the incoming electronic or other momentum which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted (Kerr , 2003 ,.633 . national judges agreed that the definition extended to include the Internet . Two important events would push for the Patriot Act amendments to the pen show up statute . On July 17 ,2000 , th e Clinton administration explicit its support to include the Internet in the pen study definition However , it did not pass water the Congress b atomic number 18ly it dress up the precedent for clarifying the cathode-ray compass of the pen narrative . On November 17 , 2000 Magistrate Judge Patricia Trumbull of the blue District of calcium in San Jose dissented and denied the inclusion of the Internet in the pen register scope saying that the law clearly limited the scope to telephone devices (Kerr , 2003 ,.635The Clinton administration s recognition of the need to synchronize existing laws to apply to electric current developments was a first gear step for the bring home the bacon administration to review and merge the laws on electronic c are . The Clinton administration also coat the way for further reach on the scope of pen /trap statutes . When the Clinton administration restricted access to the application of CALEA in law enforcement , the role was to constitu te comfortion against poisonous activities without ! infringing on the Fourth Amendment . Prior to the Patriot Act , the Clinton Administration had shown support to update existing electronic management laws (Kerr , 2003 ,.637The Clinton administration justified CALEA s increase capability to dole out electronic care by saying that it was a call forment scheme to counter brats to national security . The Ameri tooshie courtly Liberties Union (ACLU ) argued that increased governing omniscience was unnecessary as there was no real terrorist threat . The government only succeeded at alienating its citizens and made Americans tangle more insecure in their own domains . That argument was forwarded in pre-9 /11attacks . The Clinton administration s proactive shanghai was done in deference to the absence of appropriate laws to baffle cyberspace Unfortunately , the fears of the Clinton administration became real in 2001 (Hayden , Hendricks and Novik , 1990 , pp .68-71Technology-based Intelligence MeasuresAlvin Toffler (1990 , in his book indicant Shift indicated that the axis of sureness is shifting towards the entity that possesses more actual knowledge . Information technology in this flake is some(prenominal) a major powerful intermediate and a under attack(predicate) platform . Just as the terrorist and criminal elements constitute the dependentness to harness technology to advance their il well-grounded intentions , so can law enforcement agencies engage with them using carry of the art systems . Information technology has leveled the playing fieldTwo such technology-driven counter give-and-take measures include Echelon and Carnivore . The fall in States and its allies practiced Echelon to intercept communications intelligence from suspect perpetrators Echelon is a code for a series of computers with the ability to revision intercepted communications . The National Security Agency is responsible for organize and implementing the strategy in the United States . The system is capable of intercepting all forms of electronic communicatio! ns including land-line and cellular telephone calls , satellite communications , electronic mail , facsimiles , and various forms of radio transmission (Sloan , 2001 ,p .1467The national official Bureau of Investigation (FBI ) primarily spends carnivore as countermeasures against cyber crimes . The intention was to protect the use ups of the American public against illegitimate use of cyberspace to pull out crimes . The main targets of the Carnivore are act of terrorism information war remotee , tyke pornography , fraud (including gabardine collar and virus theme and distribution (Durham , 2002 , n .p . The Carnivore is capable of filtering e-mails from hazard criminals and tracing the origins of these messages . It operates on two modes , the pen and replete . The pen mode lead only capture the addresses of the messages while the full mode can access the entire circumscribe of the e-mails (Etzioni , 2004 ,.59Legal Dimensions of Electronic SurveillanceSerious a llegations have been impel at the intelligence residential district for using Echelon and Carnivore other than what they were intend for . Some perceived abuses include using Echelon to conduct unlawful activities such as scotch espionage . Within the United States , there are laws that would queer the use of such technology . It is a fact that when electronic charge is applied as an intelligence measure , the privateness of individuals are violated . The success of electronic surveillance in this show causa involves some violation of the lawWhen the Patriot Act extended the jurisdiction of the FISA , mevery believed that this was the remedy for go out and incompatible statutes that would regulate emerging technologies . However , civil liberties proponents advocated that the FISA has overextended its limits and the power of the Executive branch was deemed overreaching . Therefore , the risk of violating the feed of the Fourth Amendment and the privacy of American citizens are not supposed(prenominal) . With the FISA in plac! e , all suspected individuals whitethorn be subject to investigations or surveillance without the need for a court (Henderson ,2002 ,p .179Holland (2005 ) recognized that the current laws concerning emerging technologies are quite unclear . Procedurally , law enforcers may set about warrants to search suspected electronic emails under act I content warrant , gloss II stored communications , Title III pen register , or a FISA warrant , without violating the provisions of the Fourth Amendment . The Patriot Act in this cheek , through FISA , merely circumvented the bureaucratic system as a quick response to protect the interests of the citizens and immediate apprehension of suspected terrorists or criminals . Emerging technologies require swift action or evidences may be rendered obsolescent because of the rapid developments in information technology . In Kerr s (2003 ) aspect , the Patriot Act merely updated current laws on electronic surveillance . The passage of the Act had opened the debate on electronic surveillance laws and brought to sapless much needed discussions to create a balance between privacy and security . The law on electronic surveillance should be a work in progress to notice up with the pace of the developments in information technology (p .673Social Dimensions Electronic SurveillanceElectronic surveillance greatly affected privacy issues . With the law allowing law enforcement more room to orient , the First and Fourth amendments are inadvertently violated . confused movements and advocates had strived to achieve a balance in a generally heterogeneous order of magnitude such as the United States . The United States government decide from the young policies adopted for security seemed to bring together to the austere Father model .
The Strict-father model follows paternalistic norms and the ratiocination of the honcho of the family is absolute because it is assumed that all the responsibilities , in this case , security of the nation falls absolutely on the certificate of debt instrument of the government . Consultation plays a meager role in establishing conformity (Lakoff ,1995In the post 9 /11 society , the use electronic surveillance as a law enforcement and preemptive measure exemplifies such paternalistic decision . The Patriot Act authorizes the measure with some critical trade offs like privacy issues , detention without trial , basic liberties addressing freedom of speech and pietism (Heymann , 2002 441 . Political dissent for example , if seen in intercepted communications may be construed as acts initiating or leading to terrorism . Heymann set forth the effects of curbing political expressions as having a debilitating effect upon our polit ical system (p .441 . The curtailment prevents citizens from expressing their views thereby a nation s government becomes increasingly divorced from the ordain of its citizens (Heymann , 2002 ,. 441Ethical Dimensions Electronic SurveillanceThe Utilitarian philosophy when applied to the use of electronic surveillance would concur with the government s response of applying whatsoever bureau to advance what it would deemed best for the majority The United States reckoned that their decision to implement Echelon or Carnivore would produce positive results in the good overcoming the disgust elements of society . The actions may inadvertently violate privacy provisions . For the government , deterrents against possible terrorist attacks by whatever means are far more important than conceding to their critics . The government is cause to domiciliate security for all its citizens therefore they should do whatever it takes to follow through that obligationHowever , Kantian categorica l absolutes would disagree with the strategy of the ! government to provide security . According to Immanuel Kant , we cannot derive good conclusions from metaphysical or theological knowledge of the good (which we deprivation ) or from a claim that compassionatekind happiness is the sole good (which we cannot establish (O Neill 1998 . For Kant , the moral imperative , in this case the privacy indispensable provided by the Fourth Amendment is inviolable . No amount of reason out would justify that the means of promoting brotherly circumstances should involve removing the limits just because it is beneficial to some . The basic rights provided in the Fourth Amendment on privacy should be respected and absolute . Kant s categorical imperative connoted that if a principle is not universal , then it is not applicable to society . The application of Echelon and Carnivore in this case is deemed unethicalConclusionIn the interest of providing security to the American citizens , the government may have encroached on some provisions gu aranteeing the rights of every citizen . However , one mustiness also recognize that current laws to counter terrorist activities are brusk . With the advent of new technologies , the perpetrators are also abreast with the developments and have the intention to use any means to promote their self-interests . The government likewise will use every available means to counter terrorist acts against the country and its citizens . both(prenominal) opposing camps would inevitably break on the basic rights of American citizensReferencesChang , N (2001 . The the States PATRIOT Act : What s so patriotic about trampling on the Bill of Rights ? Retrieved February 1 , 2007 from HYPERLINK http / entanglement .ccr-ny .org /v2 /reports /docs /USA_PATRIOT_ACT .pdf http / entanglement .ccr-ny .org /v2 /reports /docs /USA_PATRIOT_ACT .pdfDurham , G .S (2002 . Carnivore , the FBI s E-Mail surveillance system devouring criminals , not privacy . Federal Communications legality journal 54 (3 .n .pEt zioni , A (2004 . How patriotic is the Patriot Act ? ! Freedom versus security in the age of terrorism . New York . RoutledgeHayden , T , Hendrick , E . and Novik , J .D (1990 . Your Right to Privacy : A Basic glamour to Legal Rights in an Information Society . Carbondale , IL southern Illinois University PressHenderson , N .C (2002 .The Patriot Act s impact on the government s ability to conduct electronic surveillance of ongoing interior(prenominal) communications . Duke truth daybook . 52 (1 179Heymann ,.B (2002 . Civil liberties and human rights in the aftermath of September 11 . Harvard daybook of Law Public Policy . 25 (2 441Holland ,C (2005 ) NOTE : Neither vauntingly brother nor dead brother : The need for a new Fourth Amendment standard applying to emerging technologies Kentucky College of Law Kentucky Law Journal , Retrieved February 1 , 2007 from :http /web .lexis-nexis .com .libproxy .sdsu .edu /universe /doclist ?_m 55 3b3853c5f5e8f0aaff4 _startdoc 26 wchp dGLbVzW-zSkVA _md5 b7c8 ef363bc70487a3541942f5bcec0cKerr , O .S (2003 . Internet surveillance law after the USA patriot act The big brother that isn t . Northwestern University Law reexamination 97 (2 607-673Lakoff , G (1995 . Metaphor , Morality , and political sympathies , or Why conservatives have left liberals in the dust . Retrieved February 2 , 2007 from : http / vane .wwcd .org /issues /Lakoff .htmlO Neill , O (1998 . Kantian moral philosophy . In E . Craig (Ed , Routledge Encyclopedia of Philosophy . London : Routledge . Retrieved February 2 ,2007 , from : http /www .rep .routledge .com /article /L042SECT1Paye ,J .C (2006 . A permanent state of emergency . periodic Review . 58 (6 29-37Sloan , L .D (2001 . Echelon and the legal restraints on signals intelligence : A need for reevaluation . Duke Law Journal 50 (5 1467Toffler , A (1990 . Powershift : Knowledge , Wealth and Violence at the edge of the twenty-first century . New York . Bantam BooksPAGEPAGE 11 ...If you want to get a full essay, order it on our website:
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