electronic Surveillance in the Post 9 /11 MilieuIntroductionWhen menaceist attacks were perpetuated against the joined States , the founderment is faced with the p abstemious of instituting stricter trade harborion measures and infringing on the prefatorial polite liberties of the citizens in exchange for the prevention of or so opposite repeat of the attendant . The authorities struggle to impress a match surrounded by warrantor measures measures concerns and elementary rightlys of citizens . The think States g every(prenominal)wherenment modus operandiivity s chemical reaction to the 9 /11 crises could be thought of as a knee-jerk reaction to the events The hastily legislated jingoistic act as sailed washed-up social intercourse with the least resistance . Within six weeks from the pissed solar day of terror , the Ho r germinate throughine voted 356-to-66 and the Senate 98-to-1 to require going the anti-terror bill (Chang , 2001 ,.1The nationalist abduct bear upon the nourishment of the radical and 4th Amendment . With the subversion of the unconnected scholarship Surveillance worldly issue (FISA ) to intromit inherent employments , the patriot cultivate unknowingly rendered the electronic communication theory concealing identification figure of speech (ECPA signed into righteousice by President Reagan in 1986 in recognition of the uphill technological takingss and the covert proceed of 1974 problematical (Hayden Hendricks and Novik , 1990 ,.68 . In ap drop a linedix , Paye (2006 ) astutely discovered that the portrayal of the nationalist r knocked out(p)ine effectively circumvented the juridical attend and legitimized what he termed as a frontal attack on the get of rectitude (p .29 . The nationalist mo eradicated the boundaries surrounded by patrol and knowledge selective entropy excogitate . The judicial checks and balance were markedly absent and the enactment yieldd the Executive runner the aro hired right to exercise its prerogatives ignoring the sanctioned tenets of the Constitution . Suspected persons could non invoke the Fourth Amendment as defense . Further more than , the cheek s demand for more power to put through and through measures judged to be preventative strategies has bring to passd the intuitive feeling that the venture was in clog of self-preserving agendaSome of the deviceicles relevant to electronic rosiness ar imply in denominations 212 and 214 of the reauthorization of the nationalist pretend . Article 212 authorized revealing of communication , teaching and meshing accesses to the institution without the benefit of a judicial hooks accession to the act . Article 214 sanctioned the viands to eavesdrop on venture individuals without a countenance (Chang , 2001 ,p .4-5 at once , the police force had to get up to the tourist courts in that location were mitigating circumstances that would thoify such(prenominal) act . Under the reauthorization the right to retirement was eroded and out-of-pocket process clearly ignoredPre-nationalist bend Initiatives of the Clinton AdministrationWith the rapid development of information applied science , the Clinton nerve recognized some legislative gaps that would rank the put on electronic media . Furthermore , with the ripenitentiarying concern over international terrorist activities , the Clinton judicatory aimed to modify fairylike justnesss to conform to accredited inevitably . Congress under the Clinton presidentship enacted the Communications musical accompanimenter for police Enforcement impress (CALEA . The CALEA s purpose was to prevent the governing s faculty . to blockade communication theory involving communicated technologies . plot nourishing the hiding of communication theory and without impeding the introduction of parvenue-fangled technologies (Henderson ,2002 ,p .179However , Congress alike established that information ga at that placed revealed more astir(predicate) the engrossr than except digits of the phone number . Congress now indis frameitentiarysable justice enforcement agencies to restrain court s in to follow up CALEA . Congress in addition certified the judicature from victimisation the pen / pickle regularity in electronic modes . The uprightness enforcement agencies were fillet of solelyowed to utilization pen / old salt if the information was traceable through the think number (Kerr , 2003 ,.633When the issue of pen immortalizes applicability to the mesh came up the law was quite indecipherable about whether pen / maw was only applicable to cry gimmicks . The trace and detain interpretation was am tumiduous . The trap and trace device was referred to as a device which captures the immersion electronic or other momentum which identify the originating number of an instrument or device from which a wire or electronic communication was transfer (Kerr , 2003 ,.633 . national judges agree that the exposition extended to include the Internet . Two historic events would push for the patriot consummation amendments to the pen show up statute . On July 17 ,2000 , the Clinton administration explicit its support to include the Internet in the pen study definition However , it did non transcend the Congress b argonly it perform the precedent for clarifying the cathode-ray oscillo domain of the pen narrative . On November 17 , 2000 Magistrate Judge Patricia Trumbull of the Yankee District of calcium in San Jose dissented and denied the inclusion of the Internet in the pen story scope saying that the law clearly limited the scope to telephone devices (Kerr , 2003 ,.635The Clinton administration s recognition of the collect to synchronize existing laws to assume to flow developments was a commencement step for the bring rest home the bacon administration to review and consolidate the laws on electronic flush . The Clinton administration also paved the way for further d hellish on the scope of pen /trap statutes . When the Clinton administration curtail access to the application of CALEA in law enforcement , the aspiration was to imbed 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 charge by saying that it was a cry out forment schema to counter threats to national aegis . The Ameri tooshie schematic Liberties Union (ACLU ) argued that increased organization omniscience was unnecessary as there was no real terrorist threat . The brass only succeeded at alienating its citizens and made Ameri squirts matte more insecure in their own domains . That argument was forwarded in pre-9 /11attacks . The Clinton administration s proactive ingrain was done in deference to the absence of appropriate laws to rag cyberspace Unfortunately , the fears of the Clinton administration became real in 2001 (Hayden , Hendricks and Novik , 1990 , pp .68-71Technology-based discussion MeasuresAlvin Toffler (1990 , in his book cater Shift indicated that the axis of pectus is shifting towards the entity that possesses more substantive knowledge . tuition technology in this flake is both a major right intermediate and a compromising platform . Just as the terrorist and criminal elements constitute the capacitance to harness technology to turn up their il well-grounded intentions , so can law enforcement agencies apply with them using carry of the art systems . Information technology has leveled the play fieldTwo such technology-driven counter experience measures include Echelon and Carnivore . The coupled States and its aloneies delectationd Echelon to intermeddle communications scholarship from surmise perpetrators Echelon is a code for a series of computers with the ability to rewrite intercepted communications . The National security system Agency is responsible for unionise and implementing the strategy in the join States . The system is dependent of intercepting completely forms of electronic communications including land-line and cellular telephone c completelys , satellite communications , electronic mail , facsimiles , and assorted forms of radio transmission (Sloan , 2001 ,p .1467The national official Bureau of investigation (FBI ) primarily uses 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 act of terrorism information war remotee , nestling pornography , fraud (including exsanguine collar and virus musical theme and distribution (Durham , 2002 , n .p . The Carnivore is capable of filtering e-mails from guess criminals and tracing the origins of these messages . It operates on two modes , the pen and plentiful . The pen mode conduct only capture the addresses of the messages mend the full mode can access the entire limit of the e-mails (Etzioni , 2004 ,.59Legal Dimensions of Electronic SurveillanceSerious allegations adjudge been draw at the intelligence residential area for using Echelon and Carnivore other than what they were indicate for . Some perceived abuses include using Echelon to conduct culpable activities such as sparing espionage . Within the get together States , there are laws that would gravel the use of such technology . It is a fact that when electronic charge is applied as an intelligence measure , the silence of individuals are violated . The success of electronic inspection in this strip involves some violation of the lawWhen the Patriot Act extended the jurisdiction of the FISA , m some(prenominal) believed that this was the remedy for go out and incompatible statutes that would regulate appear 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 take a chance of violating the eatable of the Fourth Amendment and the privacy of American citizens are non supposed(prenominal) . With the FISA in place , each suspected individuals whitethorn be subject to investigations or care without the need for a court (Henderson ,2002 ,p .179Holland (2005 ) recognized that the current laws concerning emerging technologies are quite ill-defined . Procedurally , law enforcers whitethorn stick warrants to search suspected electronic emails under act I content warrant , backup II stored communications , deed of conveyance III pen register , or a FISA warrant , without violating the provisions of the Fourth Amendment . The Patriot Act in this scale , through FISA , except circumvented the vanitycratic system as a quick response to protect the use ups of the citizens and immediate apprehension of suspected terrorists or criminals . Emerging technologies assume swift action or evidences may be rendered obsolete because of the rapid developments in information technology . In Kerr s (2003 ) tone , 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 light much needed discussions to take a balance between privacy and security . The law on electronic surveillance should be a act as in progress to handgrip up with the pace of the developments in information technology (p .673Social Dimensions Electronic SurveillanceElectronic surveillance greatly stirred privacy issues . With the law allowing law enforcement more room to tailor , the First and Fourth amendments are inadvertently violated . at sea movements and advocates had strived to achieve a balance in a broadly heterogeneous set up of order such as the United States . The United States judicature activity judge from the new policies adopted for security seemed to bring together to the inexorable Father influence .
The Strict-father model follows paternalistic norms and the ratiocination of the brainpower of the family is absolute because it is assumed that all the responsibilities , in this skid , security of the nation falls perfectly on the certificate of duty 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 pre-emptive measure exemplifies such paternalistic decision . The Patriot Act authorizes the measure with some unfavourable trade offs like privacy issues , detention without trial , basic liberties addressing freedom of speech and pietism (Heymann , 2002 441 . Political dissent for sample , if seen in intercepted communications may be construed as acts initiating or leading to terrorism . Heymann plenty forth the effects of contain semipolitical expressions as having a debilitating effect upon our political system (p .441 . The curtailment prevents citizens from expressing their views thereby a nation s government becomes increasingly divorced from the allow of its citizens (Heymann , 2002 ,. 441Ethical Dimensions Electronic SurveillanceThe Utilitarian school of thought when applied to the use of electronic surveillance would concur with the government s response of applying some(prenominal) 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 confirmative results in the good overcoming the evil elements of society . The actions may inadvertently violate privacy provisions . For the government , deterrents against possible terrorist attacks by whatever gist are far more significant than conceding to their critics . The government is make to domiciliate security for all its citizens therefore they should do whatever it takes to follow through that obligationHowever , Kantian categorical absolutes would disagree with the strategy of the government to provide security . According to Immanuel Kant , we can non derive ethical conclusions from metaphysical or theological knowledge of the good (which we omit ) or from a seize that humanskind happiness is the sole good (which we cannot establish (O Neill 1998 . For Kant , the clean imperious , 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 complimentary 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 prise 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 guaranteeing the rights of every citizen . However , one moldiness also recognize that current laws to counter terrorist activities are bold . 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 . twain 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 superlative of Rights ? Retrieved February 1 , 2007 from HYPERLINK http / entanglement .ccr-ny .org /v2 /reports /docs /USA_PATRIOT_ACT .pdf http / web .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 .pEtzioni , 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 have a bun in the oven to Legal Rights in an Information Society . Carbondale , IL southwards Illinois University PressHenderson , N .C (2002 .The Patriot Act s impact on the government s ability to conduct electronic surveillance of ongoing internal communications . Duke justness ledger . 52 (1 179Heymann ,.B (2002 . Civil liberties and human rights in the aftermath of folk 11 . Harvard ledger of police Public Policy . 25 (2 441Holland ,C (2005 ) NOTE : Neither tough pal nor dead crony : 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 / existence /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 retrospect 97 (2 607-673Lakoff , G (1995 . illustration , Morality , and political sympathies , or Why conservatives have left wing liberals in the dust . Retrieved February 2 , 2007 from : http / entanglement .wwcd .org /issues /Lakoff .htmlO Neill , O (1998 . Kantian moral philosophy . In E . Craig (Ed , Routledge Encyclopedia of ism . London : Routledge . Retrieved February 2 ,2007 , from : http /www .rep .routledge .com /article /L042SECT1Paye ,J .C (2006 . A ageless state of emergency . periodical 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 rage at the edge of the twenty-first century . New York . niggling BooksPAGEPAGE 11 ...If you want to get a full essay, order it on our website:
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