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NSA Surveillance

NSA Surveillance. Justin Waller and Brian Bauer. What is NSA Surveillance?. Essentially NSA surveillance is an attempt to monitor communications in order to prevent attacks on our country. Computers scan for various keywords/patterns that have been compiled.

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NSA Surveillance

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  1. NSA Surveillance Justin Waller and Brian Bauer

  2. What is NSA Surveillance? • Essentially NSA surveillance is an attempt to monitor communications in order to prevent attacks on our country. • Computers scan for various keywords/patterns that have been compiled. • Once the computer determines from its presets that there is enough cause for concern individuals begin to look further into the matter as well as monitor further communications more intently.

  3. New Reasons for NSA Surveillance • Security in the United States has been predominantly based off of a deterrent system (ie. fear/consequences of being caught) • Most terrorism these days involve individuals who are religiously motivated, therefore corporeal forms of deterrence do little to deter them. • This has led to an increase need for preventative security, NSA surveillance far from perfect, but thus far is one of the few forms we have

  4. Reasons Against NSA Surveillance • Questionable Effectiveness: Those wishing to thwart the system need only to use various forms of code or perhaps even advanced encryption. • Invasion of Privacy/Possible Repercussions • Questionable Legality

  5. Legality… • 1st Amendment Rights • 4th Amendment Rights • FISA (Foreign Intelligence Surveillance Act of 1978) • Michigan Circuit Court Ruling by Judge Anna Diggs Taylor • “violates their free speech … as guaranteed by the First Amendment of the United States Constitution; their privacy rights, as guaranteed by the Fourth Amendment of the United States Constitution; the principle of the Separation of Powers because the TSP has been authorized by the President in excess of his Executive Power under Article II of the United States Constitution, and that it specifically violates the … [Foreign Intelligence Surveillance Act]” (Judge Taylor’s Memorandum of her Ruling).

  6. Legal Justification In Favor of Surveillance • Joint resolution by Congress – Sep 14 2001 – ‘use all necessary and appropriate force’ • AUMF • Justice Department brief – authority to authorize wiretaps sans-warrant in cases of national security

  7. Legalities, cont. • Case In re: Sealed Case – FISA court ruled actions constitutional • Constitutional Article II Powers

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