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Covert Government Surveillance

Covert Government Surveillance. Topics. Constitution Covert Government Surveillance throughout history. Laws and cases. Ethical points of view. 4 th Ammendment.

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Covert Government Surveillance

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  1. Covert Government Surveillance

  2. Topics • Constitution • Covert Government Surveillance throughout history. • Laws and cases. • Ethical points of view

  3. 4thAmmendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  4. What is wiretapping?Wiretapping refers to the interception of a telephone conversation.

  5. Legal Cases • Wiretapping has been taking place since the 1890’s • Made a felony in the state of New York in 1892 • New York City ignored it until 1920. • Olmstead vs. United States • 1934 Congress Made Wiretapping illegal • Federal Communications Act • Nardone vs. United States • Weiss vs. United States • FBI ‘said’ they’d stop wiretapping.

  6. FBI Continues Wiretapping • After WWII, FBI director J. Edgar Hoover pushed to remove the ban on wiretapping. • We can’t intercept and reveal. • President Roosovelt agreed to allow wiretapping. • FBI have two sets of files: • Admissible in Court evidence • Non-Admissible in Court evidence (Wiretaps)

  7. Operation Shamrock • WWII – Government censored all messages leaving the country • Signal Security Agency • Requested RCA, Western Union and ITT telegraph to make copies of all foreign government telegraphs • Break Federal law for National Security

  8. National Security Agency • Formed in 1952 • Inherited Operation Shamrock • 1960 - Made a huge leap when communications became electronic. • Communications now sent directly to NSA • Easy Filtering • “watch list” • After much Congressional and press scrutiny, Shamrock was stopped in 1975

  9. Government Uses of Wiretapping • Robert Kennedy (1960’s) • Focused on Organized Crime • Big multi-agency meeting • FBI asked to “watch list” businesses that dealt with Cuba. • Johnson and Nixon • Hypothesized foreign governments were controlling anti war protests. • War on Drugs

  10. Internet Monitoring • Carnivore Surveillance System • Developed by FBI in 1990’s • Monitored Internet traffic including emails and HTTP traffic. • Simply a packet sniffer that copied and forwarded packets to another IP • EarthLink • FBI demanded Earthlink participate in Carnivore without a warrant. • Earthlink filed legal challenge this request under Electronic Communications privacy act. • U.S District court ruled against Earthlink

  11. Ethical Theories • Act Utilitarianism • Hard to say • Rule Utilitarianism • Its all good. • Social Contract Theory • The Constitution has been accepted. • Therefore it is a violation of the government. • Kantianism • Nope. You don’t listen to my conversations and I wont listen to yours.

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