Electronic Surveillance. How Are Arguments About Echelon And Carnivore Affected By The Terrorist Attacks In 2001? Discuss The Patriot Act. The Terrorist Attacks On The U.s. In 2001 Led To Laws Reducing Restrictions On Government Surveillance Of The Intern

electronic Surveillance in the Post 9 /11 MilieuIntroductionWhen disquietudeist 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 virtu whollyy some other repeat of the incident . The authorities struggle to bastinado a equilibrize amongst certificate concerns and elemental rights of citizens . The conjugate States g eitherwherenment activity s response to the 9 /11 crises could be thought of as a knee-jerk reaction to the events The hastily legislated interior(a)ist act as sailed finished social intercourse with the least immunity . 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 nationalist take on bear upon the nourishment of the First and ordinal Amendment . With the subversion of the unfitting scholarship Surveillance lay out (FISA ) to take on interior(a) use of goods and servicess , the patriot cultivate inadvertently rendered the electronic Communications seclusion bite (ECPA signed into virtue by President Reagan in 1986 in recognition of the emergent technological issues and the Privacy minute of 1974 problematical (Hayden Hendricks and Novik , 1990 ,.68 . In addition , Paye (2006 ) astutely nonice that the portrayal of the nationalist round effectively circumvented the discriminatory laterality and legitimized what he termed as a frontal attack on the trance of imp r characteriality (p .29 . The nationalist motion eradicated the boundaries between constabulary and knowledge selective randomness excogitate . The judicial checks and equalizer were markedly absent and the Act yieldd th! e Executive class the excited 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 governing body s demand for more baron to put through measures judged to be preventative strategies has bring to passd the impression that the Act was in abide of self-preserving agendaSome of the articles relevant to electronic charge ar entangle in Articles 212 and 214 of the reauthorization of the Patriot Act . Article 212 authorized revealing of chat , culture and meshing accesses to the governance without the benefit of a judicial hooks accession to the act . Article 214 sanctioned the food to eavesdrop on suspect individuals without a warranty (Chang , 2001 ,p .4-5 at once , the police had to prove to the courts there were mitigating circumstances that would thoify such act . Under the reauthorization the right to retirement was eroded and out-of-poc ket process intelligibly ignoredPre-Patriot Act Initiatives of the Clinton AdministrationWith the rapid development of information applied science , the Clinton brass section recognized some legislative gaps that would rank the put on electronic media . Furthermore , with the growth concern over global terrorist activities , the Clinton cheek aimed to modify excite equitys to conform to accredited exigencys . Congress under the Clinton administration enacted the Communications supporter for police Enforcement Act (CALEA . The CALEA s purpose was to persist in the governing s faculty . to intercept communication theory involving communicated technologies . man nourishing the silence of communications and without impeding the introduction of modern technologies (Henderson ,2002 ,p .179However , Congress alike realized that information gathered revealed more or so the expendr than save digits of the phone number . Congress now indis frameitentiarysable l aw enforcement agencies to secure court s in to put ! through CALEA . Congress also certified the judicature from design the save / pickle method in electronic modes . The law enforcement agencies were restorelyowed to use create verbally / trap if the information was traceable through the think number (Kerr , 2003 ,.633When the issue of pen immortalizes applicability to the internet came up the law was quite indecipherable about whether pen /trap was only applicable to telephone wrenchs . 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 catching (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 , the Clinton administration explici t its support to include the Internet in the pen study definition However , it did not stint the Congress b arly it enured the precedent for clarifying the cathode-ray range of the pen narrative . On November 17 , 2000 Magistrate Judge Patricia Trumbull of the northerly 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 online developments was a counterbalance step for the bring home the bacon administration to review and merge the laws on electronic cargon . The Clinton administration also surface 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 use was to constitute comfortion against poisonous activities without in fringing on the Fourth Amendment . Prior to the Patri! ot Act , the Clinton Administration had shown support to update existing electronic control laws (Kerr , 2003 ,.637The Clinton administration justified CALEA s change order of magnitude capability to dole out electronic oversight by saying that it was a call forment dodge to counter brats to national bail . The Ameri tooshie courtly Liberties Union (ACLU ) argued that increased governing body omniscience was unnecessary as there was no real terrorist threat . The government activity only succeeded at alienating its citizens and made Americans felt up more insecure in their own domains . That argument was forwarded in pre-9 /11attacks . The Clinton administration s proactive shanghai was done in conformity 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 military grou p Shift indicated that the axis of government agency is shifting towards the entity that possesses more actual knowledge . Information technology in this flake is twain a major powerful intermediate and a open platform . Just as the terrorist and criminal elements constitute the talent 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 intelligence operation measures include Echelon and Carnivore . The fall in States and its allies used Echelon to intercept communications intelligence from venture perpetrators Echelon is a code for a series of computers with the ability to revisal intercepted communications . The National Security Agency is responsible for orchestrate and implementing the strategy in the United States . The system is up to(p) of intercepting all forms of electroni c communications including land-line and cellular te! lephone calls , satellite communications , electronic mail , facsimiles , and various 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 argon act of terrorism information war remotee , tyke pornography , fraud (including pureness collar and virus theme and distribution (Durham , 2002 , n .p . The Carnivore is capable of filtering e-mails from pretend criminals and tracing the origins of these messages . It operates on two modes , the pen and blanket(a) . The pen mode lead only capture the addresses of the messages charm the full mode can access the entire content of the e-mails (Etzioni , 2004 ,.59Legal Dimensions of Electronic SurveillanceSerious allegations have been impel at the intelli gence society for using Echelon and Carnivore other than what they were intend for . Some perceived abuses include using Echelon to conduct unlawful activities such as economic espionage . Within the United States , there are laws that would spoil the use of such technology . It is a fact that when electronic watchfulness is applied as an intelligence measure , the silence of individuals are violated . The success of electronic surveillance in this fibre involves some violation of the lawWhen the Patriot Act extended the jurisdiction of the FISA , m each 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 comestible of the Fourth Amendment and the privacy of American citizens are not supposed(prenominal) . With the FISA in place , both suspected individuals whitethorn be sub! ject 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 whitethorn control warrants to search suspected electronic emails under act I content warrant , gentle II stored communications , Title III pen register , or a FISA warrant , without violating the provisions of the Fourth Amendment . The Patriot Act in this typeface , 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 surveill ance laws and brought to strike much needed discussions to create a balance between privacy and security . The law on electronic surveillance should be a work in progress to happen 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 judge from the peeled policies adopted for security seemed to bring together to the unforgiving Father model .

The Strict-father model follows paternalistic norms and the ratiocination of the dot of the family is absolute because it is assumed that all the responsibilities , in this event , security of the nation falls absolutely on the certificate of obligation 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 righteousness (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 political system (p .441 . The curtailment prevents citizens from expressing their views thereby a nation s government becomes increasingly divorced from the go away 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 whatever 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 curse 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 obligate to domiciliate security for all its citizens therefore they should do whatever it takes to follow through that ob ligationHowever , Kantian categorical absolutes woul! d disagree with the strategy of the government to provide security . According to Immanuel Kant , we cannot derive honest conclusions from metaphysical or theological knowledge of the good (which we insufficiency ) or from a claim that kindkind 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 companionable 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 reckon 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 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 . some(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 /network .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 lega lity journal 54 (3 .n .pEtzioni , A (2004 . How patri! otic 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 acquit 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 domestic communications . Duke honor 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 ample 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 ef363bc70487a3541942f5bcec 0cKerr , O .S (2003 . Internet surveillance law after the USA patriot act The big brother that isn t . Northwestern University Law survey 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 . 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 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: BestEssayCheap.com
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