circumvention answers - northwestern 2015 6ws

7/25/2019 Circumvention Answers - Northwestern 2015 6WS

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2015 NDI 6WS Circumvention

Answers



Circumvention UQ

Obama is aware of nee to reform survei!!ance "ro#rams$

t%e "!an is enou#% to #et %im to com"!&'o!( 15 (Dustin Volz, a staf correspondent or National Journal covering tech

policy, “Government Privacy oard to !"ama# $hut Do%n N$& 'ass $pying No%, )he National Journal, January *+th, +-.,http#//%%%0national1ournal0com/tech/government2privacy2"oard2to2o"ama2shut2do%n2nsa2mass2spying2no%2+-.+-*+//'$3

January *+, +-. &n e4ecutive2"ranch privacy %atchdog is rene%ing its call or President !"ama to unilaterally endthe National $ecurity &gency5s domestic phone records dragnet amid gro%ing uncertainty over 6ongress5s

%illingness to reorm government surveillance0 )he "ipartisan Privacy and 6ivil 7i"erties!versight oard issued a progress report )hursday charting the administration5seforts to comply %ith recommendations it made e4actly a year ago to overhaul theN$&5s surveillance apparatus0 )hat stern revie% last January also deemed the "ul8 collection o 90$0 call

data illegal and inefective at countering terrorist plots: conclusions that prompted the "oard to urge itsdissolution0 ;hile ac8no%ledging that the intelligence community has made some important steps to%ardincreased transparency and ensuring &merican data is su"1ect to more stringent privacy protections, the "oard said

!"ama has re1ected its re<uest to turn of the N$&5s "ul8 collection o phone metadata0 ='ostrecommendations directed at the administration are still in the process o "eingimplemented or have only "een accepted in principle, %ithout su"stantial progressyet made to%ard their implementation ,= the "oard %rote0 =)he administration has not ollo%ed

the "oard5s recommendation "y unilaterally ending the telephone records program, %hich it could do at any time0=

!"ama has sho%n no interest in turning of the program :one o the government5smost controversial secret spy po%ers revealed "y ormer N$& contractor >d%ard$no%den:%ithout ?rst o"taining congressional approval 0 & legislative push to end it %as

"loc8ed "y $enate @epu"licans in Novem"er, as the 9$& Areedom &ct ell t%o votes short o the B+2vote thresholdneeded to advance0 Democratic $en0 Patric8 7eahy and others have vo%ed to reintroduce the "ill this term, "ut thecloc8 is tic8ing0 !n June -, core provisions o the post2C/-- 9$& Patriot &ct are due to sunset, including $ection -.,

%hich grants the intelligence community its legal "asis or "ul8 collection0 David 'edine, the privacy"oard5s chairman, said 6ongress made a =good2aith efort= to reorm $ection -.0ut i la%ma8ers are una"le to pass a "ill , he added, that should not deter theadministration rom ending the program, especially given that the G!P2dominated $enate may try to

push a clean reauthorization o the Patriot &ct0 =;e5ve gone through a year, and the program is still running,='edine said0 =6ongress may rene% the %hole provision0 ;hat %e5re efectively saying is, that shouldn5t decide ho%the administration should handle the -. program0= )he "oard5s ne% assessment arrives ahead o a separate reporte4pected in the coming %ee8s rom the !ce o the Director o National Entelligence, %hich the ;hite Fouse said%ill contain ne% inormation a"out post2$no%den changes made to its mass surveillance programs0 En his $tate othe 9nion address, !"ama reerenced that report, %hich some sources e4pect could "e released as soon as early

ne4t %ee80 =;hile some have moved on rom the de"ates over our surveillanceprograms, E have not,= !"ama said during his speech0 =&s promised, our intelligenceagencies have %or8ed hard, %ith the recommendations o privacy advocates, toincrease transparency and "uild more saeguards against potential a"use0 = ut the;hite Fouse has "een nota"ly <uiet on surveillance reorm since the Areedom &ctcrum"led in the $enate last Novem"er, as @epu"licans mounted late2stage opposition amid ears that

the "ill could undermine national security0 )hat silence has ran8led some privacy advocates, %ho have e4pressedconcern that the administration is pushing a cy"ersecurity proposal that could dump even larger hauls o personaldata at the N$&0 'any groups have said they %ill not support any inormation2sharing legislation until surveillance

reorm is enacted0 )he privacy "oard on )hursday also said the intelligence communityhad made su"stantial progress on adhering to recommendations it issued in a



separate report si4 months ago on $ection + o the Aoreign Entelligence$urveillance &ct0 En star8 contrast to its -. report, the "oard concluded thesurveillance o oreign Enternet communications legal and efective:though urther

$no%den revelations ater the report called into <uestion some o its central ?ndings and raised the possi"ility thatthe N$& %as not "eing entirely orthcoming a"out the program0

Obama is on t%e sie of "rivac& avocates$t%e "!an is a wa& tomatc% r%etoric wit% actions

)a!!a#%er 1* (@yan Gallagher, 1ournalist %ho reports on surveillance, security,

and civil li"erties, “Es !"ama 6oming ac8 Arom the Dar8 $ide on PrivacyH, $late,'ay *, +-*,http#//%%%0slate0com/"logs/utureItense/+-*/+./*/o"amaIclaimsIne%IcommitmentItoIprivacyIinIspeechIatInationalIdeenseIuniversity0html//'$3

President !"amas )hursday speech has "een %idely "illed as a drones address, "ut his remar8s "rieKytouched on a couple o important issues involving privacy and surveillance 0 Feseemingly ac8no%ledged that his administration has come do%n too oten on the

side o secrecy over transparency, and o e4cessive security over li"erty0 En the speech,delivered at the National Deense 9niversity in ;ashington, D060, !"ama appeared to directly supportthe AEs contentious proposal or enhanced Enternet snooping po%ers0 Fe said thatit %as necessary to revie% “the authorities o la% enorcement , so %e can interceptne% types o communication0 Fe added, ho%ever, that it %ould "e necessary at the sametime to “"uild in privacy protections to prevent a"use=: in an apparent attempt to<uell civil li"erties advocates ears a"out the scope o the authorities po%ers0 7ater,

!"ama indirectly addressed the recent revelations a"out the Justice Departments spying on 1ournalists as part o

aggressive lea8 pro"es0 Fe too8 a s%ipe at the DoJ, saying that he %as “trou"led "y the possi"ilitythat lea8 investigations may chill the investigative 1ournalism that holdsgovernment accounta"le and that “1ournalists should not "e at legal ris8 or doingtheir 1o"s0= Fe %ent on to ac8no%ledge that “e4panded surveillance in the

ater math o C/-- had “raised dicult <uestions a"out the "alance %e stri8e"et%een our interests in security and our values o privacy , adding that somecounter2terror tactics “compromised our "asic values0 !"ama seemed to try toreturn to the values he had claimed to champion prior to his coming to po%er :andhis speech %as certainly long overdue0 ac8 in ++B, "eore "ecoming president,!"ama strongly criticized the ush administrations so2called %arrantless%iretapping program as “accounta"le to no one and no la% and "lasted ush or%hat he vie%ed as “un"ounded authority %ithout any chec8s or "alances 0 ut 1ust a

e% years later, these same criticisms have "een repeatedly leveled at !"ama due to his o%n administrations use

(and occasional threats o using3 state secrets privilege on surveillance and drone stri8es 0 !n )hursday thepresident tried to sho% that he is listening to his critics0 Fis challenge no% %ill "e to

match his %ords %ith meaningul action0



novel legal interpretation presented to the secret Aisa court overseeing surveillance 0

Oet in recent memory, the 9$ government permitted the N$& to circumvent the Aisa court entirely0 Not a single Aisacourt 1udge %as a%are o $tellar ;ind, the N$&s post2C/-- constellation o "ul8 surveillance programs, rom ++-to ++0 >nergetic legal tactics ollo%ed to ?t the programs under e4isting legal authorities ater internalcontroversy or outright e4posure0 ;hen the continuation o a "ul8 domestic internet metadata collection programris8ed the mass resignation o Justice Department ocials in ++, an internal N$& drat history records thatattorneys ound a diferent legal rationale that “essentially gave N$& the same authority to collect "ul8 internet

metadata that it had0 &ter a Ne% Oor8 )imes story in ++. revealed the e4istence o the "ul8 domestic phonerecords program, attorneys or the 9$ Justice Department and N$& argued, %ith the "lessing o the Aisa court, that$ection -. o the Patriot &ct authorized it all along precisely the contention that the second circuit court o

appeals re1ected in 'ay0 Despite that recent history , veteran intelligence attorneys reacted%ith scorn to the idea that N$& la%yers %ill undermine surveillance reorm0 @o"ert7itt, the senior la%yer or director o national intelligence, James 6lapper, saidduring a pu"lic appearance last month that creating a "anned "ul8 surveillanceprogram %as “not going to happen0 “ )he %hole notion that N$& is 1ust evillydetermined to read the la% in a ashion contrary to its intent is "ullshit, o the sortthat the Guardian and the let "ut E repeat mysel have allen in love %ith0 )heinterpretation o -. that supported the "ul8 collection program %as creative "utnot "eyond reason, and it %as upheld "y many 1udges , said the ormer N$&

general counsel $te%art a8er, reerring to $ection -. o the Patriot &ct0 )his is thesection that permits 9$ la% enorcement and surveillance agencies to collect "usiness records and e4pired atmidnight, almost t%o years ater the %histle"lo%er >d%ard $no%den revealed to the Guardian that the Patriot &ct%as secretly "eing used to 1ustiy the collection o phone records rom millions o &mericans0 ;ith one e4ception,

the 1udges that upheld the interpretation sat on the non2adversarial Aisa court, a"ody that approves nearly all government surveillance re<uests and modi?es a"outa <uarter o them su"stantially0 )he e4ception %as reversed "y the second circuitcourt o appeals0 a8er, spea8ing "eore the $enate voted, predicted# “E dont thin8anyone at N$& is going to invest in loo8ing or %ays to dey congressional intent i9$& Areedom is adopted0



No Circumvention$Courts C%ec+,%e Su"reme Court can e-ective!& force com"!iance wit% t%e

ru!e of !aw

Wu 6 L>dieth, &ssociate Dean and Proessor, )hurgood 'arshall $chool o 7a%0

++B0 “D!'>$)E6 $POENG &ND ;FO &'>@E6& $F!97D &V!ED )F> $7EPP>@O $7!P>@evie% o 7a% and $ocial Justice0http#//%e"la%0usc0edu/%hy/students/orgs/rls1/assets/docs/;uIAinal0pd//1%eidemanM

&lthough not an enumerated constitutional right, &mericans e4pect their government , especially thepresident, to respect the rule o la% 0 )hat is, they e4pect all "ranches o government:1udiciary, e4ecutive, and legislative:to act as chec8s and "alances0 )he 1udiciary"ranch, speci?cally the $upreme 6ourt, is emphatically the arm o government %iththe province and duty to “say %hat the la% is0B+ &nd in the conte4t o e4ecutivepo%er, the 6ourt has “long since made clear that a state o %ar is not a "lan8 chec8or the President0B- Aor e4ample, the $upreme 6ourt %as recently “as8ed to use

Lthe PadillaM case to de?ne the e4tent o presidential po%er over 90$0 citizens %hoare detained on &merican soil on suspicion o terrorism0B )he 6ourt e4ercised itsauthority to “end LtheM unusual stalemate "et%een the e4ecutive and 1udiciary"ranches "y ordering Padillas transer rom military to civilian custody 0B* AE$& , ocourse, speci?cally permits an “undenia"ly larger role or the 1udiciary %hen 90$0 persons,

such as Padilla, are or may "e concerned0B En such a case, courts limit e4ecutive discretion "y “approvLingM surveillance o 90$0persons Lonly iM the Government can sho% that Lthe targetM Q8no%ingly engaged in clandestine intelligence activities %hich involveor may involve a LcriminalM violation 0 0 0 or 8no%ingly commits, prepares to commit, or aids in the preparation or commission o,

acts o sa"otage or terrorism0B. En addition to directly limiting e4ecutive discretion, the 1udiciary is in a uni<ue position to indirectly elicit e4ecutive compliance %ith theesta"lished rule o la% "y raising pu"lic consciousness o an issue 0 )hroughouthistory, the 1udiciary has raised pu"lic consciousness "y vocierously adhering to

the rule o la%, there"y orcing the e4ecutive into “de acto compliance 0BB

.ISC is not a rubber stam"/moies over a uarter of reuests

eonni# 201*, &merican investigative 1ournalist and a ;ashington Post staf

%riter, “$ecret court says it is no ru""er stampR led to changes in 90$0 spyingre<uests“, “http#//%%%0%ashingtonpost0com/politics/secret2court2says2it2is2no2ru""er2stamp2led2to2changes2in2us2spying2re<uests/+-*/-+/-./d.C*B"+2*.a.2--e*2S+cB2eBddSddSIstory0html

& secret surveillance court that has "een criticized or approving the vast ma1ority

o the governments applications to spy on suspected terrorists and other targetsreported )uesday that the government had revamped roughly one2ourth o itsre<uests in the ace o court <uestions and demands0 )he chie 1udge o the AoreignEntelligence $urveillance 6ourt, @eggie ;alton, told mem"ers o 6ongress in a letterthat the courts internal records sho% that more than percent o governmentre<uests or recent %arrants had “su"stantive modi?cations in the %a8e o courtrevie%0 )he disclosure o the ne% ?gure is intended to re"ut critics %ho assert thatthe court provides a ru""er stamp %hen the Justice Department see8s authority to

http://weblaw.usc.edu/why/students/orgs/rlsj/assets/docs/Wu_Final.pdf//jweideman

http://weblaw.usc.edu/why/students/orgs/rlsj/assets/docs/Wu_Final.pdf//jweideman



No 6ircumvention:Pu"lic !pinion

Pu"lic opinion holds the courts in chec8 and shoulders the line "et%een privacy andsecurity even ater the plan0

u#!er an Stra%i!evit( 15 : 'atthe% 0 Uugler, 7a% 6ler8 to theFonora"le @ichard Posner, 90$0 6ourt o &ppeals, $eventh 6ircuit, D 9niversity o6hicago 7a% $chool, +-.R PhD in Psychology, Princeton 9niversity, and 7ior Jaco"$trahilevitz, $idley &ustin Proessor o 7a%, 9niversity o 6hicago, +-.(“$urveillance Duration Doesnt &fect Privacy >4pectations# &n >mpirical )est o the'osaic )heory, $upreme 6ourt @evie% July -+th, &vaila"le !nline at#http#//ssrn0com/a"stractBC** or http#//d40doi0org/-+0-*C/ssrn0BC**,&ccessed# S22+-.3

;e eel that ocusing Uatz prong - on an empirical <uestion is not only elegant "utalso normatively desira"le0C )he Aourth &mendment is designed to saeguardindividuals against governmental overreach0 ;hen there is a sharp divide "et%een

%hat the courts descri"e as the Aourth &mendments scope and %hat the peopleactually e4pect the Aourth &mendments scope to "e, various pro"lems arise0 7a%a"iding people may ta8e e4cessive precautions to protect their inormation, 8eepingit not only rom the states agents "ut also rom third parties %ho could put theinormation to productive uses0S+ !r citizens might ma8e inordinate investments inlearning the contours o Aourth &mendment la%, time and money that could "e"etter spent else%here0 Disconnects "et%een actual la% and perceived la% mayalso provide police ocers and prosecutors %ith undue leverage over citizens0&lthough ?guring out %hether various possi"le interpretations o the Aourth&mendment enhance social %elare is a tric8y "usiness, %e thin8 there is a strongcase to "e made that misalignment "et%een the la% and social e4pectations is

detrimental or "oth eciency and airness2related reasons0 $o even though anempirical vision o “reasona"le e4pectations o privacy li8ely isnt %hat JusticeFarlan had in mind %hen he penned his Uatz concurrence,S- there are good reasons%hy citizens actual "elies have "ecome more doctrinally salient in the years thatollo%ed ;e have an alternative ready or those readers %ho ?nd themselvesunpersuaded "y the a"ove claim0 !ur more modest “%ea8 orm claim is merelythat pu"lic opinion data is highly relevant to rigorous 1udicial decisionma8ing %ithina Uerrian multi2actor model0 9nder this approach, courts can apply neither thepro"a"ilistic model nor the policy model in a satisactory %ay %ithout 8no%ing %hatthe pu"lic actually e4pects and regards as intrusive0 &ssessing the pu"lics actual"elies via surveys is an appealing %ay to gauge the perceived pro"a"ilities that the

deendants acts run the ris8 o disclosure o sensitive acts and perceivedintrusiveness responses provide meaningul, readily2availa"le data a"out the%elare efects o any given policing strategy0 Et might even help courts understand%hat types o inormation are more or less sensitive, aiding in ad1udicationregarding the “private acts model o Aourth &mendment 1urisprudence as %ell0

)hus, even i the courts retained their current gra" "ag array o methodologies,rigorous analysis o survey results %ould have su"stantial value0 9nder thisapproach, %hen the &merican pu"lic e4pects privacy in a particular setting, courts

http://dx.doi.org/10.2139/ssrn.2629373

http://dx.doi.org/10.2139/ssrn.2629373



could presume that a reasona"le e4pectation o privacy e4ists under the Aourth&mendment, "ut this presumption could "e re"utted "y strong normativecounterarguments0



No Circumvention$Con#ress.AA re"ea! so!ves$con#ress can overcome "ast #ri!oc+

Anerson 1 L)yler 6, J0D 6andidate, Farvard 7a% $chool, 6lass o +-0 +-0

“)o%ard Enstitutional @eorm o Entelligence $urveillance# & Proposal to &mend the

Aoreign Entelligence $urveillance &ct http#//harvardlpr0com/%p2content/uploads/+-/+S/F7P+0pd//1%eidemanM

Entelligence surveillance , as governed "y the Aoreign Entelligence $urveillance&mendments &ct, is in need o reorm0 6ongress passed the original AoreignEntelligence $urveillance &ct in order to help &merican intelligence agencies conductsurveillance in a pre2internet, pre2cellphone era, %anting to give the e4ecutive"ranch "road po%er to spy on non290$0 citizens a"road, %hile protecting to the ullest e4tent possi"le

the privacy o 90$0 persons %ithin the 9nited $tates0 En the years ollo%ing $eptem"er --, ++-,6ongress enacted the A oreign Entelligence $urveillance & mendments & ct in order to

grant e4ecutive "ranch agencies "roader surveillance po%er than the agencies hadunder the original AE$&0 Airst, the A&& esta"lished a uniorm process or see8ing

1udicial authorization o electronic surveillance0 $econd, the A&& created a "roadcategory o intelligence surveillance that %ould not "e su"1ect to e42ante 1udicialscrutiny and %ould only "e granted limited e42post 1udicial revie%0 )he near2consensus on the issue is that the A&& overly delegates "road surveillance authorityto intelligence agencies and minimizes the level o 1udicial and congressionaloversight e4ercised over these agencies0 'oreover, outside the e4ecutive "ranch, there is no su"stantial

political coalition opposing AE$& reorm eforts0 Enstead, the current system is largely a product ocongressional gridloc8 and inertia0 Despite such inaction, these pro"lems cannot "e ignored0

6ongress should amend the A&& to reduce the scope o surveillance authority

granted to intelligence agencies0 6ongress should do this "y more precisely de?ningthe conduct that %ould %arrant intelligence surveillance targeting0 &dditionally,

6ongress should e4pand the oversight o intelligence surveillance "y "oth 6ongressand the courts to ensure that the government does not e4ceed the authority

granted under the A&&0

http://harvardlpr.com/wp-content/uploads/2014/08/HLP202.pdf//jweideman






No 6ircumvention:$$@&SS4A ma+es 12*** ine-ective/ warrant reuire for

survei!!ance

7art%ews 2015, “national chair o @estore the Aourth, %hich opposes mass

government surveillance, “Go ig or Go Fome# Pass the Ne% $urveillance $tate@epeal &ct “, http#//restoretheth0com/"log/go2"ig2or2go2home2pass2the2ne%2surveillance2state2repeal2act/

)he $$@&# repeals the P&)@E!) &ctR repeals the AE$& &mendments &ctR re<uires thedestruction o inormation gathered under that &ctR reorms the Aoreign Entelligence$urveillance 6ourtR "ans la% enorcement “"ac8 doors into our hard%are andsot%areR re<uires annual audits o intelligence community practicesR protectsintelligence community %histle"lo%ersR and re<uires a pro"a"le cause %arrant orinormation on 9$ persons gathered under >4ecutive !rder -***X Aor the ?rst time,meaningully limits collection under >4ecutive !rder -***, re<uiring (or 9$ persons3 a

valid %arrant "ased on pro"a"le cause0 En short, this is a "loc8"uster "ill0 E passed, it%ould undo much o the enormous damage done to the ill o @ights ater the$eptem"er -- attac8s0 Et %ould return us to a path %e should never have let, %here %e

investigate &mericans only %hen %e have reason to0 &t the same time, %e "elieve it %illincrease our actual security0 ;e have "een trying too much to control our o%n citizensand the %orld "y surveilling them into sullen and resentul silenceR %e ma8e a desolation,and call it peace0 E instead %e practice 1ustice, promote peace, and let people pursue theirideas and aspirations reely, %e %ill "e ar more secure in the long run0

http://www.restorethe4th.com/

http://www.restorethe4th.com/



A,8 No 4u!e of aw9forei#n "artners )hey respect the rule o la%:preer stated policies over speculation:,%e& won:t as+ forei#n "artners to o it for t%em

A!e;aner 1 LUeith, General in the army and Director o the N$&0 “7etter to

&merican ar &ssociation 'arch, -+ +-,http#//%%%0american"ar0org/content/dam/a"a/images/a"ane%s/nsaIresponseI+*-++-0pd//1%eidemanM

)han8 you very much or your letter o Ae"ruary +, +-, regarding the importanceo preserving and respecting the attorney 2client privilege0 ;e greatly appreciate the%or8 o the &merican ar &ssociation (&&3 and the organizations mission o“deending li"erty and delivering 1ustice0 &t a time %hen certain aspects o thereporting and commentary a"out the National $ecurity &gency (N$& 3 shed moreheat than light on important matters o security, li"erty, and privacy %orthy omeaningul pu"lic discussion, %e also appreciate the thoughtul and constructiveapproach o your in<uiry0 N$& is ?rmly committed to the rule o la% and the "edroc8legal principle o attomey2 client privilege, %hich as you noted , is one o the oldest

recognized privileges or con?dential communications0 ;e a"solutely agree that the attomey2client privilegedeserves the strong protections aforded "y our legal system, and that it is vital that proper policies and practicesarc in place to prevent its erosion0 &lthough it is not possi"le to address press reports a"out any speci?c allegedintelligence activities:and thus to point out the a"sence o critical actual inormation in any such reports:%eappreciate the opportunity to clariy our current policies and practices and to %or8 %ith the && to ensure that thepu"lic has con?dence that our intelligence institutions respect the role o privileged communications0 7et me "e

a"solutely clear# N$& has aforded , and %ill continue to aford, appropriate protection toprivileged attomey2client communications ac<uired during its la%ul oreignintelligence mission in accordance %ith privacy procedures re<uired "y 6ongress ,approved "y the &ttorney General, and, as appropriate, revie%ed "y the A oreignEntelligence $ urveillance 6 ourt0 'oreover, N$& cannot and does not as8 its oreign

partners to conduct any intelligence activity that it %ould "e prohi"ited romconducting itsel in accordance %ith 90$0 la% 0 )his "road principle applies to all oour signals intelligence activities, including any activities that could implicatepotentially privileged communications 0 7et me "e a"solutely clear# N$& has aforded, and %ill

continue to aford, appropriate protection to privileged attomey2client communications ac<uired during its la%uloreign intelligence mission in accordance %ith privacy procedures re<uired "y 6ongress, approved "y the &ttorneyGeneral, and, as appropriate, revie%ed "y the Aoreign Entelligence $urveillance 6ourt0 'oreover, N$& cannot anddoes not as8 its oreign partners to conduct any intelligence activity that it %ould "e prohi"ited rom conductingitsel in accordancc %ith 90$0 la%0 )his "road principle applies to all o our signals intelligence activities, including

any activities that could implicate potentially privileged communications0 N$& conducts signalsintelligence activities in accordance %ith >4ecutive !rder (>!3 -*** and theAoreign Entelligence $urveillance &ct (AE$& 3, as appropriate0 &s you are a%are, underAE$& the &gency may not target any unconsenting 90$0 person any%here in the

%orld under circumstances in %hich the 90$0 person %ould en1oy a reasona"lee4pectation o privacy %ithout an individualized determination o pro"a"le cause "ya ederal 1udge (a"sent certain limited e4ceptions, such as an emergency3 that thetarget is a oreign po%er or an agent o a oreign po%er0 )he term “90$0 person could include

an individual, company, or other organization such as a 90$0 la% ?rm0 'oreover, AE$& states that “LnMo other%iseprivileged communication o"tained in accordance %ith, or in violation o, the provisions o this &ct shall lose itsprivileged character0 .+ 90$060 Y -S+B(a30 Ainally, AE$& also provides that “LnMo inormation ac<uired rom electronicsurveillance pursuant to this title may "e used or disclosed "y Aederal ocers or employees e4cept or la%ulpurposes0 Ed0 ;e appreciate that “LtMhe && understands the critical role that N$& plays in gathering intelligence



inormation and protecting our national security0 &s the && ac8no%ledges, “during the course o these activities,it is inevita"le that certain communications "et%een 90$0 la% ?rms and their clients may "e collected or other%iseo"tained "y the agency0 Given the inevita"ility o incidental collection o 90$0 person inormation during the courseo N$&s la%ul oreign intelligence mission:to include potentially privileged inormation:the issue is ho% toprovide appropriate protections or any such inormation %hen it may "e ac<uired0 &ccordingly, >! -*** and AE$&re<uire compliance %ith procedures designed to protect the privacy o 90$0 persons, %hich %ould include 90$0 la%

?rms0 )hese privacy procedures must "e approved "y the &ttorney General and, %hen

appropriate, "y the Aoreign Entelligence $urveillance 6ourt0



A,8 <rivate Sector9Outsourcin#Outsourcin# to t%e "rivate sector now $ ata s%arin#= new

tec%no!o#ies= an investe #overnment intereste in "rivate

ata "rovie incentives3

4ic%ars 1* : Neil '0 @ichards, Proessor o 7a%, ;ashington 9niversity $choolo 7a%, peer2revie%ed at Farvard 7a% @evie% $ymposium on Privacy and

)echnology, +-* (“)he Dangers o $urveillance, Farvard 7a% @evie%, +-,&vaila"le !nline at# http#//heinonline0org/F!7/PageHhandlehein01ournals/hlr-BWdivSCWgIsent-Wcollection1ournals, &ccessed# S22+-.3

Et might seem curious to thin8 o inormation gathering "y private entities as“surveillance0 Notions o surveillance have traditionally "een concerned %ith the%atchul gaze o government actors li8e police and prison ocials rather thancompanies and individuals0 ut in a postmodern age o “li<uid surveillance, the t%o

phenomena are deeply intert%ined0 Government and nongovernment surveillancesupport each other in a comple4 manner that is oten impossi"le to disentangle0 &tthe outset, the technologies o surveillance : sot%are, @AED chips, GP$ trac8ers,

cameras, and other cheap sensors : are bein# use a!most interc%an#eab!& "y

government and nongovernment %atchers0* Private industry is also mar8eting ne%surveillance technologies to the state0 )hough it sounds perhaps li8e a plot rom aparanoid science ?ction novel, the Guardian reports that the Disney 6orporation has"een developing acial recognition technologies or its theme par8s and selling thetechnology to the 90$0 military0** Nor do the ruits o surveillance respect thepu"lic/private divide0 $ince the $eptem"er -- attac8s, governments have "eeneager to ac<uire the massive consumer and Enternet2activity data"ases that private

"usinesses have compiled or security and other purposes, either "y su"poena* oroutright purchase0*. Enormation can also Ko% in the other directionR the 90$0government recently admitted that it %as giving inormation to insurancecompanies that it had collected rom automated license2plate readers at "ordercrossings0*B $imilarly, %hile government regulation might "e one %ay to limit or

shape the gro%th o the data industry in socially "ene?cial %ays, #overnments

a!so %ave an interest in ma+in# "rivate!& co!!ecte ata amenab!e to

pu"lic2sector surveillance0 En the 9nited $tates, or e4ample, the 6ommunications&ssistance or 7a% >norcement &ct o -CC* re<uires telecommunicationsproviders to "uild their net%or8s in %ays that ma8e government surveillance andinterception o electronic communications possi"le0*S & >uropean analogue, the >6

Data @etention Directive @egulations o ++C, re<uires Enternet service providers toretain details o all Enternet access, email, and Enternet telephony "y users ort%elve months, so that they can "e made availa"le to government investigators orcases o antiterrorism, intellectual property, child protection, or or otherpurposes0*C )his surveillant sym"iosis "et%een companies and governmentsmeans that no analysis o surveillance can "e strictly limited to 1ust the governmentor the mar8et in isolation0 $urveillance must instead "e understood in itsaggregated and comple4 social conte4t0

http://heinonline.org/HOL/Page?handle=hein.journals/hlr126&div=89&g_sent=1&collection=journals






>;istin# statutor& !aw c%ec+s "rivate sector survei!!ance3

4ic%ars 1* : Neil '0 @ichards, Proessor o 7a%, ;ashington 9niversity $chool

o 7a%, peer2revie%ed at Farvard 7a% @evie% $ymposium on Privacy and )echnology, +-* (“)he Dangers o $urveillance, Farvard 7a% @evie%, +-,&vaila"le !nline at# http#//heinonline0org/F!7/PageH

handlehein01ournals/hlr-BWdivSCWgIsent-Wcollection1ournals, &ccessed# S22+-.3

Aor private2sector surveillance, additional statutory procedures are necessary toensure that intellectual records are handled %ith greater care "y the entities thathold them0 ;e already have piecemeal protections or intellectual privacy againstprivate2sector surveillance, %hich could serve as useul models or the e4tension ointellectual2privacy protection more "roadly0 -* Aor e4ample, the >6P& prohi"itionagainst %arrantless %iretapping applies to private actors as %ell0 * . )he &ct ma8esprivate acts o %iretapping illegal, providing severe criminal and civil lia"ility 2 up to?ve years in prison- * B and ?nes or tort lia"ility o Zio,ooo or each violation o the&ct0=5* !ther good models or intellectual2privacy protection in the private sectorinclude the con?dentiality o"ligations placed on video2rental companies "y theVideo Privacy Protection &ct o -CSS,5-- on li"rarians "y the vast num"er o li"rary2records con?dentiality la%s, and on print and electronic "oo8sellers in 6aliorniaunder its @eader Privacy &ct05







A,8 )raua!ismNo broaer movement towar anti/survei!!ance$t%ere are on!&

sma!!= fra#mente attem"ts to "rotest survei!!ance "o!icies in

t%e status uo3

?ue& 10 : 7aura Fuey, &ssistant Proessor o $ociology at the 9niversity o;estern !ntario, +-+ (“& $!6E&7 '!V>'>N) A!@ P@EV&6O/&G&EN$)$9@V>E77&N6>H $!'> DEAAE697)E>$ EN >NG>ND>@ENG '&$$ @>$E$)&N6> EN & 7&ND!A );E))>@ &ND );>>)$, 6ase ;0 @es0 J0 Ent5l 70, +-+, &vaila"le !nline at#http#//heinonline0org/F!7/PageHhandlehein01ournals/c%rintWdiv*CWgIsent-Wcollection1ournals, &ccessed#S2-2+-.3

E am hardly alone in my assessment o the state o %hat can only "e termed, atpresent, the anti2surveillance/pro2privacy non2movement0 En a recent "oo8 on thepolitics o surveillance and visi"ility, Uevin Faggerty and @ichard >ricson ma8e no

reerence to a %ider social movement in this ?eldR rather, in surveying thelandscape, they ?nd surveillance to "e a political "attle?eld on %hich individualsta8eholder groups2"oth pro and con2attempt to inKuence particular con?gurationso surveillance0 * En relation to those sta8eholders on the anti2surveillance/pro2privacy side o the e<uation, 6olin ennett ma8es the point more e4plicitly, stating,=LtMhe privacy advocacy net%or8 has never "een regarded as a 5social movement5either "y those %ithin it, or "y those o"serving rom the outside05 & $imilarly, %hileDavid 7yon is o the vie% that privacy advocacy net%or8s are =undou"tedlyinKuential,= he suggests that they ail to =count as a ully Kedged 5socialmovement50= . $uch vie%s are echoed "y rian 'artin, %ho also notes that =concerna"out invasions o privacy has not led to a mass movement against surveillance0, B

)o "e clear, the vie%s e4pressed "y Faggerty, >ricson, ennett, and 7yon in theprevious paragraph are not universally held0 En a recent study o resistance in the90U0 to the National Edentity $cheme, rian 'artin, @osamunde van ra8el, andDaniel ernhard state that there is a =gro%ing antisurveillance movement that isemerging in response to e4panding surveillance programmes LsicM in that country0=

Fo%ever, t%e on!& wor+ E could ?nd that suggests the e4istence o an anti2

surveillance/pro2privacy movement in North &merica is that o &ndre% 6lement and6hristie Furrell0S En support o their contention that there is, indeed, a =privacymovement,= these authors point to the %or8 o a num"er o national advocacyorganizations that they see as efective in highlighting privacy and surveillance is2sues %ithin the media0C En response to 6lement and Furrell5s characterization o the

net%or8 o privacy advocates as a =movement,= E ?nd mysel echoing ennett# =)odate, not%ithstanding recent successul campaigns against speci?c practices,no"ody %ould contend that the greater salience o the issue is attri"uta"le to therise o a "roader 5pro2privacy5 or 5antisurveillance5 politics0 Et is still generally anelitist issue %ithin government, "usiness, and civil society0=55 + ennett5s point iseasily supported "y reerence to the act that %e have yet to see any orm o massmo"ilization on the issue o privacy or surveillance generally0 Endeed, 6lement andFurrell ma8e a similar o"servation %hen they note =the great diculty that the

http://heinonline.org/HOL/Page?handle=hein.journals/cwrint42&div=39&g_sent=1&collection=journals






advocacy organizations have in mo"ilizing pu"lic support around anything otherthan dramatic pu"lic 5scandals0=5 - &s o this time o %riting, in the ?eld oprivacy/antisurveillance activism %hat %e have is a net%or8 o privacy advocatesthat remains =some%hat ragmented %ith a relatively small, and geographically"iased, core05

7omentum for survei!!ance is !ow $movements are e;treme!&

i@cu!t an fra#mente an "rivac& issues ivie coa!itions3

?ue& 10 : 7aura Fuey, &ssistant Proessor o $ociology at the 9niversity o

;estern !ntario, +-+ (“& $!6E&7 '!V>'>N) A!@ P@EV&6O/&G&EN$)$9@V>E77&N6>H $!'> DEAAE697)E>$ EN >NG>ND>@ENG '&$$ @>$E$)&N6> EN & 7&ND!A );E))>@ &ND );>>)$, 6ase ;0 @es0 J0 Ent5l 70, +-+, &vaila"le !nline at#http#//heinonline0org/F!7/PageHhandlehein01ournals/c%rintWdiv*CWgIsent-Wcollection1ournals, &ccessed#S2-2+-.3

)he matter o ho% to rame the social harm to "e tac8led raises not only a concernin relation to setting the scope too narro%, "ut it also tosses up the e<uallylegitimate concern that the scope may "e set too %ide, or the pro"lem ramed insuch a %ay that it appears too amorphous to generate the "elie that anything can"e done at all0 &gain, participants 1oin a movement "ecause they "elieve that theiractions2in a collective sense2%ill increase the li8elihood o a positive outcome0** Enrelation to "oth the concepts o privacy and surveillance and the issues eachgenerates, %hat %e re<uently ace is a hydra2headed comple4 o interloc8ingpro"lems that can appear %ithout end and/or simply too large to "e successullytac8led0 En other %ords, the ocus o, or e4ample, an anti2surveillance movement

%ill necessarily "e on the =surveillance assem"lage=22that is, the cumulativeprocesses and efects o =multiple, unsta"le= regimes that lac8 =discerni"le"oundaries or responsi"le governmental departments= crisscrossing, as they do, thepu"lic2private divide0* &s Faggerty and >ricson note, En the ace o multipleconnections across myriad technologies and practices, struggles against particular

maniestations o surveillance, as important as they might "e, are a+in to e-orts

to +ee" t%e oceans tie bac+ wit% a broom/a frantic focus on a "articu!ar

un"a!atab!e tec%no!o#& or "ractice w%i!e t%e #enera! tie of survei!!ance

was%es over us a!! 0 *. 6onceptually, privacy is o little help either0 Ets =difuseness

and multidimensionality= render privacy =one o those issues that is a mile %ide andan inch thic8,= thus it is not the type o pu"lic issue that easily lends itsel to

ostering =deep and a"iding commitments, *B as, say, anti2smo8ing or animal rightsdo0 En short, issue advocates see8ing to spa%n a larger social movement in this ?eld%ill have to grapple %ith the rather thorny <uestion o ho% to set "oundaries on thesize and scope o the pro"lem so as to avoid pessimism and conusion over thepossi"ilities o efecting change0







,%e .reeom Act +i!!e momentum $ t%e bi!! was too wea+ to

win over t%e "rivac& movement but stron# enou#% to satisf&

t%e "ub!ic3

)reer 1 : >van Greer, campaign director at Aight or the Auture, +- (“Fo%

the 9$& Areedom &ct ailed on all ronts, )he Guardian, Novem"er -C th, &vaila"le

!nline at# http#//%%%0theguardian0com/media2net%or8/+-/nov/-C/ho%2usa2reedom2act2ailed2on2all2ronts, &ccessed# S2-2+-.3

)he 9$& Areedom &ct ailed "ecause it %as a %ea8 reorm "ill that didnt accomplishenough good to e4cite a grassroots "ase that %ould ?ght or it and ensure victory0

Oou dont have to "e a political 1un8ie or a policy %on8 to 8no% that getting a goodla% passed in this 9$ 6ongress is nigh on impossi"le0 )he victories %e have %on orinternet reedom and other causes have "een hard ought, and have al%aysre<uired a mass movement o active and engaged people %or8ing together to%arda common goal0

En the months ater >d%ard $no%den e4posed the e4tent o our governmentssurveillance apparatus, a po%erul movement gre% %ith a clear demand# end massgovernment surveillanceR privacy is a human right0

'illions o people too8 action onlineR thousands more protested in ;ashington D6,and at demonstrations around the %orld0 'y in"o4 %as Kooded %ith <uestions romAight or the Auture mem"ers as8ing me ho% they could "est 1oin the ?ght to endthe spying0

!n . June, the anniversary o the ?rst ne%s story "ased on $no%dens%histle"lo%ing, %e organised @eset the Net, a direct action campaign to encrypt asmuch o the %e" as possi"le, ma8ing mass surveillance more dicult and

e4pensive0 )ens o thousands o %e"sites participated, including the most popularsites on the %e", and the campaign reached millions o people0 )he momentum %aspalpa"le0

ut this %ee8, as the 9$& Areedom &ct headed to a vote, no %e"sites displayed"anners, no one rallied in the streets, and the only emails E got rom my mem"ers%ere to %arn me a"out a rumour that Farry @eid intended to attach a provision romthe $top !nline Piracy &ct ($!P&3 as an amendment to the "ill0

)he act is, %hile many privacy organisations gave <uali?ed support or the 9$&Areedom &ct, and had %ell reasoned e4planations %hy, the general pu"lic %as notimpressed0 )he "ill %as %ea8 to "egin %ith0 Et only targeted a small portion o the

types o surveillance %e 8no% the N$& and other agencies are conducting0 &nd ithad "een so "adly %atered do%n since its introduction that, or an internet pu"lic%hose trust had "een violated in the %orst %ay, common sense told people not totrust it0

http://www.theguardian.com/media-network/2014/nov/19/how-usa-freedom-act-failed-on-all-fronts


http://www.theguardian.com/us-news/us-congress

https://rally.stopwatching.us/

https://www.resetthenet.org/

https://www.techdirt.com/articles/20141118/03244829175/harry-reid-wants-to-attach-part-sopa-to-surveillance-reform-bill.shtml

http://www.theguardian.com/us-news/nsa



http://www.theguardian.com/us-news/us-congress

https://rally.stopwatching.us/

https://www.resetthenet.org/

https://www.techdirt.com/articles/20141118/03244829175/harry-reid-wants-to-attach-part-sopa-to-surveillance-reform-bill.shtml

http://www.theguardian.com/us-news/nsa



Im"act D$<ersonne! Im"act)overnment survei!!ance of t%e .BI c%ec+s t%e im"act an a!t

causes to minorit& tar#etin#3

4ei!!& 15 :@yan J0 @eilly, reporter on Justice Department and the $upreme 6ourt,

+-. (“AE Director# 57azy5 @acial iases 'ay &fect 7a% >norcement, )heFungton Post, Ae"ruary -th, &vaila"le !nline at#http#//%%%0hungtonpost0com/+-./+/-/1ames2comey2"i2race2la%2enorcementInIBB-+*+0html, &ccessed# S22+-.3

)he AE director also said that the ederal government needed to to a "etter 1o"

trac+in# t%e number of eat%s cause b& !aw enforcement3 6omey said his

staf had "een una"le to determine the num"er o people shot "y the police in theprotests in Aerguson, 'issouri, that ollo%ed the death o 'ichael ro%n in &ugust0Faving more inormation a"out %hat is happening in la% enorcement across thecountry, 6omey said, is the ?rst step to%ards addressing the pro"lems0

)he speech "y 6omey 22 a %hite @epu"lican %ho served in the George ;0 ushadministration and donated to the presidential campaigns o John 'c6ain and 'itt@omney 22 did not immediately inspire the type o political "ac8lash that &ttorneyGeneral >ric Folder and President arac8 !"ama have sometimes aced %hen theyhave spo8en on the contentious issues o race and la% enorcement0

6omey also spo8e a"out the need to diversiy the ran8s o his o%n agency, sayingthat the AE %as currently =over%helmingly %hite and male0= Fe added that one ohis proudest moments as AE director so ar %as sending agents to Aerguson toinvestigate ro%n5s death, saying it %as a =priceless git= that the agents %eretrusted "y mem"ers o the community0

http://www.huffingtonpost.com/2015/02/12/james-comey-fbi-race-law-enforcement_n_6671030.html






Im"act D$Aut%oritarianismAutocrac& over issues suc% as nationa! securit& is

inevitab!e/it:s embee in t%e s&stem$t%eir evience3

)!ennon 1 :'ichael J0 Glennon, proessor o international la% at )uts

9niversitys Aletcher $chool o 7a% and Diplomacy, 7egal 6ounsel to the $enateAoreign @elations 6ommittee (-C2-CS+3, Aul"right Distinguished Proessor oEnternational and 6onstitutional 7a%, Vytautus 'agnus 9niversity $chool o 7a%,Uaunas, 7ithuania (-CCS3R a Aello% at the ;oodro% ;ilson Enternational 6enter or$cholars in ;ashington D060 (++-2++3R )homas Fa%8ins Johnson Visiting $cholarat the 9nited $tates 'ilitary &cademy, ;est Point (++.3R Director o $tudies at theFague &cademy o Enternational 7a% (++B3R and proesseur invit[ at the 9niversityo Paris EE (Panth[on2&ssas3 rom ++B to +-0, consultant to congressionalcommittees, the 90$0 $tate Department, and the Enternational &tomic >nergy&gency, mem"er o the &merican 7a% Enstitute, the 6ouncil on Aoreign @elations,and the oard o >ditors o the &merican Journal o Enternational 7a%, +-

( “)orturing the @ule o 7a%, )he National Enterest, Vol -*, Novem"er/Decem"er,&vaila"le !nline at# http#//nationalinterest0org/?les/digital2edition/T.user2last2login2ra%T.D/-*T+DigitalT+>dition0pd , &ccessed# S2-2+-.3

$i4ty years later, sitting atop its national2security institutions, an intragovernmentalnet%or8 that has descended rom %hat )ruman created no% manages the real %or8o protecting the nations security0 Ets mem"ers are smart, hard2 %or8ing, pu"lic2spirited ocials, careerists as %ell as in2and2outers0 )hey e4ercise their authoritynot "ecause o some vast, nearious conspiracy, "ut rather as the result o

structura! incentives embee ee"!& wit%in t%e American "o!itica!

s&stem 0 )hey de?ne security primarily in military terms and tend to consider

military options "eore political, diplomatic or la%2enorcement alternatives or anunderstanda"le reason# relative to other governmental agencies, the &mericanmilitary is e4tremely pro?cient and %idely respected0 )hey share the premise o'adeleine &l"rights amous <uestion to 6olin Po%ell# “;hats the point o havingthis super" military 0 0 0 i %e cant use itH )hey also avor e4isting policies overne%, diferent ones, in part "ecause senior ocials:their "osses:%ere theirauthors0 En economic terms, their programs are “stic8y do%n:much more dicultto end than to e4pand or to continue0 )his "asic dynamic, %ell 8no%n toorganizational "ehaviorists, represents the principal reason that 90$0 national2

security "o!ic& %as c%an#e so !itt!e rom the George ;0 ush to the !"ama

administration0 &s a candidate or president, !"ama repeatedly, orceully and

elo<uently promised undamental change in that policy0 Et never happened0 90$0policies on rendition, covert operations, cy"er%ar, military detention %ithout trial orcounsel, drone stri8es, nsa surveillance, %histle2"lo%er prosecutions,nonprosecution o %ater"oarders, reliance on the state2secrets privilege and avariety o other national2security issues all have remained largely the same0 )hee4planation lies not simply in the huge num"er o holdovers in high2level policy2

ma8ing positions the reality is that structural incentives have given these policies

a lie o their o%n:allo%ing them to run “on autopilot, as $ecretary o $tate John

http://nationalinterest.org/files/digital-edition/%5Buser-last-login-raw%5D/134%20Digital%20Edition.pdf






Uerry descri"ed one nsa program, largely immune rom constitutional and electoralrestraints0

A!t causes to aut%oritarianism $ t%e #rowin# bureaucrac&=

#reater centra!i(ation of #overnment= an "ub!ic o"inion$t%eir

aut%or3)!ennon 1 :'ichael J0 Glennon, proessor o international la% at )uts9niversitys Aletcher $chool o 7a% and Diplomacy, 7egal 6ounsel to the $enateAoreign @elations 6ommittee (-C2-CS+3, Aul"right Distinguished Proessor oEnternational and 6onstitutional 7a%, Vytautus 'agnus 9niversity $chool o 7a%,Uaunas, 7ithuania (-CCS3R a Aello% at the ;oodro% ;ilson Enternational 6enter or$cholars in ;ashington D060 (++-2++3R )homas Fa%8ins Johnson Visiting $cholarat the 9nited $tates 'ilitary &cademy, ;est Point (++.3R Director o $tudies at theFague &cademy o Enternational 7a% (++B3R and proesseur invit[ at the 9niversityo Paris EE (Panth[on2&ssas3 rom ++B to +-0, consultant to congressionalcommittees, the 90$0 $tate Department, and the Enternational &tomic >nergy

&gency, mem"er o the &merican 7a% Enstitute, the 6ouncil on Aoreign @elations,and the oard o >ditors o the &merican Journal o Enternational 7a%, +-( “)orturing the @ule o 7a%, )he National Enterest, Vol -*, Novem"er/Decem"er,&vaila"le !nline at# http#//nationalinterest0org/?les/digital2edition/T.user2last2login2ra%T.D/-*T+DigitalT+>dition0pd , &ccessed# S2-2+-.3

&s it did in the early days o ritains monarchy, po%er in the 9nited $tates layinitially in one set o institutions: the presidency, 6ongress and the courts0 )heseare &mericas “digni?ed institutions0 7ater, ho%ever, a second institution emergedto saeguard the nations security0 )his, &mericas “ecient institution (actually,more a net%or8 than an institution3, consists o the several hundred e4ecutiveocials %ho sit atop the military, intelligence, diplomatic and la%2enorcementdepartments and agencies that have as their mission the protection o &mericassecurity0 7arge segments o the pu"lic continue to "elieve that &mericasconstitutionally esta"lished, digni?ed institutions are the locus o governmental

po%er 3 ,%at be!ief a!!ows bot% sets of institutions to maintain "ub!ic

su""ort an !e#itimac&3 >nough e4ceptions e4ist to sustain that illusion0 ut

%hen it comes to de?ning and protecting national security, the pu"lics impressionis mista8en0 &mericas ecient institution ma8es most o the 8ey decisionsconcerning national security, removed rom pu"lic vie% and rom the electoral andconstitutional restrictions that chec8 &mericas digni?ed institutions0 )he 9nited$tates has, in short, moved "eyond a mere imperial presidency to a "iurcated

system:a structure o dou"le government:in %hich even the president no%e4ercises little su"stantive control over the general direction o 90$0 national2security policy0 ;hereas ritains dual institutions evolved to%ard a concealedrepu"lic, &mericas have evolved in the opposite direction, to%ard greatercentralization, less accounta"ility and emergent autocracy0







Survei!!ance BaSurvei!!ance %as em"irica!!& been use as an inroa to abuse3

American Civi! iberties Union, ND, https#//%%%0aclu0org/%hats2%rong2

pu"lic2video2surveillance

!ne pro"lem %ith creating such a po%erul surveillance system is that e4periencetells us it %ill inevita"ly "e a"used0 )here are ?ve %ays that surveillance2camerasystems are li8ely to "e misused# 6riminal a"use $urveillance systems present la%enorcement ="ad apples= %ith a tempting opportunity or criminal misuse0 En -CC,or e4ample, a top2ran8ing police ocial in ;ashington, D6 %as caught using policedata"ases to gather inormation on patrons o a gay clu"0 y loo8ing up the licenseplate num"ers o cars par8ed at the clu" and researching the "ac8grounds o thevehicles5 o%ners, he tried to "lac8mail patrons %ho %ere married0 Emagine %hatsomeone li8e that could do %ith a city%ide spy2camera system0 Enstitutional a"use$ometimes, "ad policies are set at the top, and an entire la% enorcement agency isturned to%ard a"usive ends0 )hat is especially prone to happen in periods o social

turmoil and intense conKict over government policies0 During the 6ivil @ightsmovement and the Vietnam ;ar, or e4ample, the AE 2 as %ell as many individualpolice departments around the nation 2 conducted illegal operations to spy uponand harass political activists %ho %ere challenging racial segregation and theVietnam ;ar0 )his concern is especially 1usti?ed since %e are in some respectsenduring a similar period o conKict today0 &"use or personal purposes Po%erulsurveillance tools also create temptations to a"use them or personal purposes0 &ninvestigation "y the Detroit Aree Press, or e4ample, sho%ed that a data"aseavaila"le to 'ichigan la% enorcement %as used "y ocers to help their riends orthemselves stal8 %omen, threaten motorists ater trac altercations, and trac8estranged spouses0

7ass survei!!ance enab!es a#encies to overste" t%e !ine of

"rivac& an intrue3

)e!!man 201*, an &merican 1ournalist and "estselling author 8no%n or his

Pulitzer Prize2%inning reports on the $eptem"er -- attac8s, on Dic8 6heney5spo%erul vice presidency and on the glo"al surveillance disclosure, “N$& "ro8eprivacy rules thousands o times per year, audit ?nds “https#//%%%0%ashingtonpost0com/%orld/national2security/nsa2"ro8e2privacy2rules2thousands2o2times2per2year2audit2?nds/+-*/+S/-./**-+e..2+.ca2--e*2a+2

Cddc--.Istory0html )he National $ecurity &gency has "ro8en privacy rules or overstepped its legalauthority thousands o times each year since 6ongress granted the agency "roadne% po%ers in ++S, according to an internal audit and other top2secret documents0'ost o the inractions involve unauthorized surveillance o &mericans or oreignintelligence targets in the 9nited $tates, "oth o %hich are restricted "y statute ande4ecutive order0 )hey range rom signi?cant violations o la% to typographical errorsthat resulted in unintended interception o 90$0 e2mails and telephone calls0 )he

http://www.washingtonpost.com/wp-srv/local/longterm/library/dc/dcpolice/stories/stowe25.htm


http://www.freep.com/news/mich/lein31_20010731.htm

https://en.wikipedia.org/wiki/Journalist

https://en.wikipedia.org/wiki/Pulitzer_Prize

https://en.wikipedia.org/wiki/September_11_attacks

https://en.wikipedia.org/wiki/Dick_Cheney

https://en.wikipedia.org/wiki/Global_surveillance_disclosure

https://www.washingtonpost.com/world/national-security/nsa-broke-privacy-rules-thousands-of-times-per-year-audit-finds/2013/08/15/3310e554-05ca-11e3-a07f-49ddc7417125_story.html



http://apps.washingtonpost.com/g/page/national/nsa-report-on-privacy-violations-in-the-first-quarter-of-2012/395/



http://www.freep.com/news/mich/lein31_20010731.htm

https://en.wikipedia.org/wiki/Journalist

https://en.wikipedia.org/wiki/Pulitzer_Prize

https://en.wikipedia.org/wiki/September_11_attacks

https://en.wikipedia.org/wiki/Dick_Cheney

https://en.wikipedia.org/wiki/Global_surveillance_disclosure




http://apps.washingtonpost.com/g/page/national/nsa-report-on-privacy-violations-in-the-first-quarter-of-2012/395/



documents, provided earlier this summer to )he ;ashington Post "y ormer N$&contractor >d%ard $no%den, include a level o detail and analysis that is notroutinely shared %ith 6ongress or the special court that oversees surveillance0 Enone o the documents, agency personnel are instructed to remove details andsu"stitute more generic language in reports to the Justice Department and the

!ce o the Director o National Entelligence0 En one instance, the N$& decided thatit need not report the unintended surveillance o &mericans0 & nota"le e4ample in++S %as the interception o a “large num"er o calls placed rom ;ashington%hen a programming error conused the 90$0 area code + or +, the internationaldialing code or >gypt, according to a “<uality assurance revie% that %as notdistri"uted to the N$&s oversight staf0 En another case, the Aoreign Entelligence$urveillance 6ourt, %hich has authority over some N$& operations, did not learna"out a ne% collection method until it had "een in operation or many months0 )hecourt ruled it unconstitutional0

http://apps.washingtonpost.com/g/page/national/what-to-say-and-not-to-say-to-our-overseers/390/

http://apps.washingtonpost.com/g/page/national/what-to-say-and-not-to-say-to-our-overseers/390/

circumvention answers - northwestern 2015 6ws

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