BASIC SURVEILLANCE TOPIC BACKGROUND Rich Edwards Baylor
University 2015-16 National Policy Topic Resolved: The United
States federal government should substantially curtail its domestic
surveillance.
Slide 2
HISTORY OF FISA Church Committee Report Foreign Intelligence
Surveillance Act of 1978 Wall of Separation between foreign and
domestic surveillance FISA Court or FISC Eleven Judges Serving
Staggered 7 Year Terms Drawn from Sitting U.S. District Court
Judges
Slide 3
Nothing to Fear? NYT Nov. 22, 2014; Published the FBIs Suicide
Letter to MLK King, look into your heart. You know you are a
complete fraud and a great liability to all us Negroes.... We will
now have to depend on our older leaders like Wilkins, a man of
character and thank God we have others like him. But you are
done.
Slide 4
Nothing to Fear? NYT Nov. 22, 2014; Published the FBIs Suicide
Letter to MLK No person can overcome the facts, no even a fraud
like yourself. Lend your sexually psychotic ear to the enclosure.
You will find yourself and in all your dirt, filth, evil and
moronic talk exposed on the record for all time.... Listen to
yourself, you filthy, abnormal animal. You are on the record.
Slide 5
Nothing to Fear? NYT Nov. 22, 2014; Published the FBIs Suicide
Letter to MLK King, there is only one thing left for you to do. You
know what it is. You have just 34 days in which to do it (this
exact number has been selected for a specific reason, it has
definite practical significance). You are done. There is but one
way out for you. You better take it before your filthy, abnormal
fraudulent self is bared to the nation.
Slide 6
USA PATRIOT ACT SECTIONS USA PATRIOT Act: Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 Section 203:
Information Sharing Section 206: Roving Wiretaps Section 213: Sneak
and Peek Searches Section 215: Any Tangible Things Section 505:
National Security Letters Section 702: Targeting Non-U.S.
Persons
Slide 7
Intelligence Reform and Terrorism Prevention Act of 2004
(IRTPA) Amended the definition of an agent of a foreign power to
include a Lone Wolf terrorist Eliminates the need for intelligence
agencies to prove a connection between a non- U.S. person and a
foreign terrorist group
Slide 8
FISA AMENDMENTS ACT OF 2008 (FAA) Replaced the Short-Lived
Protect America Act of 2007 or PAA Granted immunity to Internet
Providers Authorized the FISC to approve general procedures for
surveillance as opposed to individualized warrants
Slide 9
Executive Order 12333 Issued by President Ronald Reagan in
1981, but used as authority for intelligence collection by all
subsequent presidents. Says, in part, All means, consistent with
applicable Federal law and this order, and with full consideration
of the rights of United States persons, shall be used to obtain
reliable intelligence information to protect the United States and
its interests. The 16-page text of this Order is available at
http://fas.org/irp/offdocs/eo/eo-12333- 2008.pdf.
http://fas.org/irp/offdocs/eo/eo-12333- 2008.pdf
Slide 10
USA FREEDOM ACT (2015) Public Law 114-23 June 2, 2015 Uniting
And Strengthening America by Fulfilling Rights and Ensuring
Effective Discipline Over Monitoring Act Extends and Amends Section
215, Extends 702 Private, not Public Metadata Storage Privacy
Advocate (FISA approved 99.77% of requests over past decade)
Slide 11
Privacy = Personhood Kimberly Bailey, (Prof., Law, Chicago-Kent
College of Law), UC DAVIS LAW REVIEW, June 2014, 1554. According to
Anglo-American ethicists in the Kantian tradition, self
consciousness, free-will, rationality, moral agency, and the
ability to form life plans are essential traits of personhood.
Privacy creates, sustains, and enhances personhood because it
provides individuals with the space to develop these traits without
the fear of being monitored, judged, and sometimes even
unjustifiably punished.
Slide 12
Privacy Essential to Democracy REPORT OF THE PRESIDENTS REVIEW
GROUP ON INTELLIGENCE AND COMMUNICATIONS TECHNOLOGIES, 2014, 2.
[Where] there is no right to be let alone, people struggle to
organize their lives to avoid the governments probing eye. The
resulting unfreedom jeopardizes, all at once, individual liberty,
self-government, economic growth, and basic ideals of
citizenship.
Slide 13
Privacy Essential to Dissent Stephen Schulhofer, (Prof., Law,
Vanderbilt U. Law School), MORE ESSENTIAL THAN EVER: THE FOURTH
AMENDMENT IN THE TWENTY-FIRST CENTURY, 2012, 155. Political and
religious liberty are implicated as well. Americans who follow a
mainstream religion and take little interest in politics may not
care whether the FBI knows what church they attend or what books
they prefer. But a healthy democracy requires critics and
dissenters. If the government can easily discover what everyone
reads and with whom they associate, the ability to practice
religion freely and to support unpopular causes is at grave
risk.
Slide 14
Privacy Essential to Creativity Daniel Murfet, (Prof., U.
Southern California), BIG DATA POWER: WHAT TO EXPECT FROM MASS
SURVEILLANCE, Jan. 2014, 6. To thrive and develop healthily we need
space space to be, space to think, space to experiment and explore,
space for trial and error, space to dream, indulge fantasies and
produce ideas. A necessary condition for such space is a good
dollop of freedom, lack of direct or indirect intrusion and
interference. Pervasive surveillance leads to karmic disaster: we
lose virility and creativity, which are traded for meekness and
lowliness. This makes us hollow, dull and uninteresting to
ourselves, and to our actual and potential friends and
partners.
Slide 15
Loss of Privacy Worse than Threat of Terrorism John Rutherford,
(Attorney & Pres., Rutherford Institute), DOMESTIC
SURVEILLANCE, 2015, 67. The reality is this: we no longer live in a
free society. Having traded our freedoms for a phantom promise of
security, we now find ourselves imprisoned in a virtual cage of
cameras, wiretaps and watchful government eyes. All the while, the
world around us is no safer than when we started on this journey
more than a decade ago. Indeed, it well may be that we are living
in a far more dangerous world, not so much because the terrorist
threat is any greater but because the government itself has become
the greater threat to our freedoms.
Slide 16
AFFIRMATIVE CASE POSSIBILITIES Rich Edwards Baylor University
2015-16 National Policy Topic Resolved: The United States federal
government should substantially curtail its domestic
surveillance.
Slide 17
FISA COURT REFORM Right to Privacy Vital to Democracy Unchecked
Surveillance undermines privacy FISA Court Fails to Check Privacy
Advocate Essential 83-Page Report Available at:
https://www.brennancenter.org/sites/default/files/publications/What_Went_%2
0Wrong_With_The_FISA_Court.pdf
https://www.brennancenter.org/sites/default/files/publications/What_Went_%2
0Wrong_With_The_FISA_Court.pdf
Slide 18
BULK COLLECTION Freedom of Association Undermined Mass
surveillance counterproductive USA Freedom Act perpetuates the
problem Only the abolition of Section 215 will protect liberty
Available at:
http://www.infoworld.com/article/2931559/security/dont-fall-for-
the-usa-freedom-act.htmlhttp://www.infoworld.com/article/2931559/security/dont-fall-for-
the-usa-freedom-act.html
Slide 19
BIG DATA Government profiles of citizens uniquely harmful Third
Party exception enables federal spying The Electronic
Communications Privacy Act should be amended to require specific
warrants 130-Page Report Available at:
http://www.futureofprivacy.org/wp-
content/uploads/Big-Data-and-Privacy-Paper-Collection.pdfhttp://www.futureofprivacy.org/wp-
content/uploads/Big-Data-and-Privacy-Paper-Collection.pdf
Slide 20
PRIVATIZE THE TSA TSA screeners violate privacy while failing
to provide security TSA oversight of passenger screening is
inherently flawed Privatized screening superior 16-Page Report
Available at:
http://object.cato.org/sites/cato.org/files/pubs/pdf/pa742_web_1.pdf
http://object.cato.org/sites/cato.org/files/pubs/pdf/pa742_web_1.pdf
Slide 21
FBI INFORMANTS FBI is committed to the use of a provocateur
strategy in Muslim communities FBI provocateur strategy is
counterproductive FBI use of informants shoud be restricted 24-Page
Article Available at:
http://johnjayresearch.org/cmcj/files/2012/09/motherjones_story.pdf
http://johnjayresearch.org/cmcj/files/2012/09/motherjones_story.pdf
Slide 22
IMMIGRANT SURVEILLANCE U.S. now committed to an enforcement
first strategy Intensive surveillance results in harmful mass
detention Surveillance in immigrant communities should be curtailed
6-Page Article Available at: http://csws.uoregon.edu/wp-
content/docs/InitiativeArticles/ImmigrationPDFs/GazeOfSurveillance.pdfhttp://csws.uoregon.edu/wp-
content/docs/InitiativeArticles/ImmigrationPDFs/GazeOfSurveillance.pdf
Slide 23
DRONE SURVEILLANCE Federal policy causes an explosion in the
use of drones Drone surveillance unreasonable violates personal
privacy Drone surveillance should be curtailed 34-Page Report
Available at:
http://www.brookings.edu/~/media/Research/Files/Reports/2014/10/drones%20
aerial%20surveillance%20legislators/Drones_Aerial_Surveillance_McNeal_FINAL.
pdf
http://www.brookings.edu/~/media/Research/Files/Reports/2014/10/drones%20
aerial%20surveillance%20legislators/Drones_Aerial_Surveillance_McNeal_FINAL.
pdf
Slide 24
CYBER ATTACKS Encryption essential to preventing cyber threats
Federal policy currently undermines encryption Passage of the
Secure Data Act will best protect privacy and prevent cyber attacks
Available at:
https://www.eff.org/files/2014/01/03/cryptowarsonepagers-
1_cac.pdfhttps://www.eff.org/files/2014/01/03/cryptowarsonepagers-
1_cac.pdf
Slide 25
GEOLOCATION SURVEILLANCE 4 th Amendment protections against
unreasonable search are vital The federal government now engages in
unreasonable searches The GPS Act will best preserve geolocational
privacy 20-Page Law Review Article Available at:
http://arizonastatelawjournal.org/wp-
content/uploads/2014/04/45-Ariz.-St.-L.J.-1277-2013.pdfhttp://arizonastatelawjournal.org/wp-
content/uploads/2014/04/45-Ariz.-St.-L.J.-1277-2013.pdf
Slide 26
FAMILIAL DNA Racial profiling is harmful Familial DNA searches
perpetuate racial profiling Current FBI policies for the CODIS DNA
database enable familial DNA searches The federal government should
ban the use of familial or partial DNA searching 12-Page Report
Available at: http://www.aclu-il.org/wp-
content/uploads/2011/03/Speech-DNA-familial-testing.pdfhttp://www.aclu-il.org/wp-
content/uploads/2011/03/Speech-DNA-familial-testing.pdf
Slide 27
CENSUS SURVEILLANCE THE U.S. Census Bureau currently requires
monthly administration of the American Community Survey The ACS
unduly violates personal privacy Administration of the ACS should
be banned Available at:
http://www.socialsciencespace.com/2015/03/american-community-
survey-back-in-the-frying-pan/http://www.socialsciencespace.com/2015/03/american-community-
survey-back-in-the-frying-pan/
Slide 28
WELFARE SURVEILLANCE Federal welfare legislation promotes the
surveillance of welfare recipients Welfare surveillance is
debilitating The federal government should curtail its promotion of
welfare surveillance 56-Page Law Review ArticleAvailable at:
http://practicum.brooklaw.edu/sites/default/files/print/pdfs/journals/brooklyn-
law-review/volume-77/issue-4/blr_v77iv_0.pdf
http://practicum.brooklaw.edu/sites/default/files/print/pdfs/journals/brooklyn-
law-review/volume-77/issue-4/blr_v77iv_0.pdf
Slide 29
IRS SURVEILLANCE The IRS regularly uses its surveillance powers
to intimidate political opponents IRS intimidation of political
opponents undermines democracy IRS use of political targeting
should be banned 77-Page Report Available at:
http://oversight.house.gov/wp-
content/uploads/2014/06/How-Politics-Led-to-the-IRS-Targeting-Staff-Report-
6.16.14.pdfhttp://oversight.house.gov/wp-
content/uploads/2014/06/How-Politics-Led-to-the-IRS-Targeting-Staff-Report-
6.16.14.pdf
Slide 30
EDUCATIONAL SURVEILLANCE No Child Left Behind currently
requires the intensive use of standardized testing High-stakes
standardized testing undermines the quality of education Federal
promotion of standardized educational testing should be banned
Slide 31
MUSLIM CHARITIES The U.S. government engages in intensive
surveillance of Muslim charities Intensive surveillance deters
support for programs essential to alleviate suffering The U.S.
government should curtail its surveillance of Muslim Charities
166-Page Report Available at:
https://www.aclu.org/files/pdfs/humanrights/blockingfaith.pdf
https://www.aclu.org/files/pdfs/humanrights/blockingfaith.pdf
Slide 32
DRUG SURVEILLANCE The U.S. Drug Enforcement Agency engages in
intensive surveillance of drug offenders Intensive drug enforcement
results in massive prison crowding The U.S. DEA should curtail its
surveillance of drug offenders Available at:
http://www.democracynow.org/2013/8/6/a_domestic_surveillance_scandal_at_t
he#
http://www.democracynow.org/2013/8/6/a_domestic_surveillance_scandal_at_t
he#
Slide 33
SURVEILLANCE OF ATTORNEY- CLIENT CONTACT The U.S. government
now monitors attorney-client conversations for terrorism suspects
Monitoring undermines the ability to prepare an effective defense
Attorney-client monitoring should be curtailed 32-Page Report
Available at:
https://www.nlg.org/sites/default/files/Breach%20of%20Privilege%20COLOR_3.p
df
https://www.nlg.org/sites/default/files/Breach%20of%20Privilege%20COLOR_3.p
df