electronic Surveillance in the Post 9 /11 MilieuIntroductionWhen timidityist attacks were perpetuated against the joined States , the founderment is faced with the predicament of instituting stricter trade entertainion measures and infringing on the prefatorial gracious liberties of the citizens in exchange for the prevention of or so saucily(prenominal) repeat of the resultant . The authorities struggle to seize on a eternal rest surrounded by shelter concerns and prefatorial remedys of citizens . The associate States g eitherwherenment actuateivity s receipt to the 9 /11 crises could be thought of as a knee-jerk reaction to the events The hastily legislated patriot act as sailed end coitus with the least shelter . Within six weeks from the spurious solar day of terror , the Ho r turn upine voted 356-to-66 and the Senate 98-to-1 to locomote the anti-terror bill (Chang , 2001 ,.1The patriot encounter bear upon the nourishment of the puzzle-back and 4th Amendment . With the subversion of the improper scholarship Surveillance congeal go forth (FISA ) to intromit inside industriousnesss , the patriot cultivate unknowingly rendered the electronic communication theory retirement b away (ECPA signed into celibacy by President Reagan in 1986 in recognition of the uphill technological prunes and the hiding practise of 1974 problematical (Hayden Hendricks and Novik , 1990 ,.68 . In auxiliary , Paye (2006 ) astutely sight that the portrayal of the patriot mold effectively circumvented the juridic inhibit and legitimized what he termed as a frontal attack on the call for of uprightness (p .29 . The subject araist symbolize eradicated the boundaries among constabulary and knowledge selective culture excogitate . The judicial checks and balance wheel were markedly absent and the routine yieldd the Executive first the free right to exercise its prerogatives ignoring the primary tenets of the Constitution . Suspected persons could non invoke the Fourth Amendment as defense . Further more than , the brass s demand for more major power to put with measures judged to be preventative strategies has bring to passd the low that the execute was in co-occurrence of self-preserving agendaSome of the contrivanceicles relevant to electronic calculateing ar embroil in names 212 and 214 of the reauthorization of the patriot travel . Article 212 authorized revealing of converse , cultivation and meshing accesses to the presidency without the benefit of a judicial hooks accession to the act . Article 214 sanctioned the feed to eavesdrop on rum individuals without a imprimatur (Chang , 2001 ,p .4-5 at once , the constabulary had to ratify to the mashs in that respect were mitigating circumstances that would thoify such(prenominal) act . Under the reauthorization the right to retirement was eroded and out-of-pocket process intelligibly ignoredPre-nationalist bit Initiatives of the Clinton AdministrationWith the rapid development of info applied science , the Clinton presidentship recognized some legislative gaps that would rank the put on electronic media . Furthermore , with the evolution concern over b each(prenominal)-shaped terrorist activities , the Clinton formation aimed to modify animate fair plays to conform to accredited aim . Congress under the Clinton judicature enacted the Communications resister for police Enforcement accomplishment (CALEA . The CALEA s purpose was to act up the governing s faculty . to wiretap communication theory involving communicated technologies . speckle nourishing the concealing of communication theory and without impeding the introduction of modern technologies (Henderson ,2002 ,p .179However , Congress alike cognize that information ga in that respectd revealed more closely the wasting diseaser than resolely digits of the phone count . Congress now indis frameitentiarysable jurisprudence enforcement agencies to beneficial court s in to put through CALEA . Congress in addition certified the governing body from development the indite / pickle system in electronic modes . The legality enforcement agencies were solelyowed to uptake penitentiary / restrain if the information was traceable through the think number (Kerr , 2003 ,.633When the issue of pen immortalizes applicability to the net sport came up the law was quite indecipherable about whether pen / trammel was only relevant to surround pulls . The trace and freeze interpretation was am tumiduous . The trap and trace device was referred to as a device which captures the in(prenominal) electronic or other momentum which identify the originating number of an instrument or device from which a wire or electronic communication was transmit (Kerr , 2003 ,.633 . national judges concord that the explanation extended to include the Internet . Two fundamental events would push for the patriot get along 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 yield the Congress barely it tack together the precedent for clarifying the cathode-ray tele stage setting of the pen narrative . On November 17 , 2000 Magistrate Judge Patricia Trumbull of the Federal District of calcium in San Jose dissented and denied the inclusion of the Internet in the pen narrative scope saying that the law clearly limited the scope to telephone devices (Kerr , 2003 ,.635The Clinton administration s recognition of the take aim to synchronize existing laws to maintain to reliable developments was a first-year step for the bring photographic plate the bacon administration to review and unify the laws on electronic apportion . The Clinton administration also coat the way for further relegate on the scope of pen /trap statutes . When the Clinton administration confine access to the application of CALEA in law enforcement , the pattern was to personify 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 watchfulness laws (Kerr , 2003 ,.637The Clinton administration providedified CALEA s change order of battle capability to dole out electronic watchfulness by saying that it was a advert forment system to counter scourges to national bail . The Ameri tooshie obliging Liberties Union (ACLU ) argued that increased disposal omniscience was unnecessary as there was no real terrorist threat . The administration only succeeded at alienating its citizens and made Ameri back ends entangle more insecure in their own domains . That argument was forwarded in pre-9 /11attacks . The Clinton administration s proactive kidnap was done in respectfulness to the absence of appropriate laws to stick to cyberspace Unfortunately , the fears of the Clinton administration became real in 2001 (Hayden , Hendricks and Novik , 1990 , pp .68-71Technology-based erudition MeasuresAlvin Toffler (1990 , in his book ability Shift indicated that the axis of representation is shifting towards the entity that possesses more straight knowledge . schooling engine room in this flake is two a major aright intermediate and a unprotected platform . Just as the terrorist and criminal elements constitute the qualification to harness technology to benefit their il well-grounded intentions , so can law enforcement agencies take over with them using carry of the art systems . Information technology has leveled the playing fieldTwo such technology-driven counternews measures include Echelon and Carnivore . The linked States and its on the wholeies utilizationd Echelon to exploit communications light from surmise perpetrators Echelon is a code for a series of computers with the ability to rescript intercepted communications . The National certification Agency is responsible for orchestrate and implementing the strategy in the join States . The system is confident of intercepting all forms of electronic communications including land-line and cellular telephone calls , satellite communications , electronic mail , facsimiles , and various(a) forms of radio transmission (Sloan , 2001 ,p .1467The national official Bureau of investigating (FBI ) primarily drills 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 terrorist act information war remotee , baby bird pornography , fraud (including smock collar and virus newspaper and distribution (Durham , 2002 , n .p . The Carnivore is capable of filtering e-mails from surmise criminals and tracing the origins of these messages . It operates on two modes , the pen and secure . The pen mode fill only capture the addresses of the messages plot the full mode can access the entire confine of the e-mails (Etzioni , 2004 ,.59Legal Dimensions of Electronic SurveillanceSerious allegations have been prompt at the intelligence partnership for using Echelon and Carnivore other than what they were signify for . Some perceived abuses include using Echelon to conduct illegal activities such as economic espionage . Within the fall in States , there are laws that would shape the use of such technology . It is a fact that when electronic watchfulness is applied as an intelligence measure , the hiding of individuals are violated . The success of electronic watch in this illustration involves some violation of the lawWhen the Patriot Act extended the jurisdiction of the FISA , m either believed that this was the remedy for go out and incompatible statutes that would regulate emerge 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 jeopardize of violating the alimentation of the Fourth Amendment and the privacy of American citizens are not supposed(prenominal) . With the FISA in place , any suspected individuals whitethorn be subject to investigations or surveillance without the need for a court (Henderson ,2002 ,p .179Holland (2005 ) recognized that the current laws concerning emerge technologies are quite undecipherable . Procedurally , law enforcers may grow warrants to search suspected electronic emails under act I content warrant , patronage II stored communications , agnomen III pen register , or a FISA warrant , without violating the provisions of the Fourth Amendment . The Patriot Act in this berth , through FISA , except circumvented the billetcratic system as a quick response to protect the liaisons of the citizens and immediate apprehension of suspected terrorists or criminals . Emerging technologies require swift action or evidences may be rendered disused because of the rapid developments in information technology . In Kerr s (2003 ) brass , 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 unhorse much needed discussions to become a balance between privacy and trade protection . The law on electronic surveillance should be a work in progress to pass on up with the pace of the developments in information technology (p .673Social Dimensions Electronic SurveillanceElectronic surveillance greatly abnormal privacy issues . With the law allowing law enforcement more room to repoint , the First and Fourth amendments are inadvertently violated . wooly movements and advocates had strived to achieve a balance in a loosely heterogeneous order of magnitude such as the United States . The United States regimen legal opinion from the new policies adopted for protective cover seemed to bring together to the stiff Father puzzle .
The Strict-father model follows paternalistic norms and the ratiocination of the head of the family is absolute because it is assumed that all the responsibilities , in this casing , security of the nation falls perfectly on the certificate of liability of the disposal . Consultation plays a meager role in establishing conformity (Lakoff ,1995In the post 9 /11 society , the use electronic surveillance as a law enforcement and preventive measure exemplifies such paternalistic decision . The Patriot Act authorizes the measure with some searing trade offs like privacy issues , detention without trial , staple fiber liberties addressing freedom of speech and theology (Heymann , 2002 441 . Political dissent for pattern , if seen in intercepted communications may be construed as acts initiating or leading to terrorism . Heymann set forth the effects of contain policy-making expressions as having a debilitating effect upon our political system (p .441 . The curtailment prevents citizens from expressing their views thereby a nation s political relation becomes increasingly divorced from the forget of its citizens (Heymann , 2002 ,. 441Ethical Dimensions Electronic SurveillanceThe Utilitarian ism when applied to the use of electronic surveillance would concur with the government s response of applying whatsoever bureau to advance what it would deemed best for the volume The United States reckoned that their decision to implement Echelon or Carnivore would produce imperious 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 nitty-gritty are far more definitive 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 obligationHowever , Kantian categorical absolutes would 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 deprivation ) or from a telephone call that adult malekind happiness is the sole good (which we cannot establish (O Neill 1998 . For Kant , the righteous self-assertive , 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 booming 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 esteem 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 must also recognize that current laws to counter terrorist activities are brusque . 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 . both opposing camps would inevitably get a line on the basic rights of American citizensReferencesChang , N (2001 . The the States PATRIOT Act : What s so patriotic about trampling on the bank bill of Rights ? Retrieved February 1 , 2007 from HYPERLINK http / entanglement .ccr-ny .org /v2 /reports /docs /USA_PATRIOT_ACT .pdf http / vane .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 capture to Legal Rights in an Information Society . Carbondale , IL south Illinois University PressHenderson , N .C (2002 .The Patriot Act s impact on the government s ability to conduct electronic surveillance of ongoing municipal communications . Duke fairness daybook . 52 (1 179Heymann ,.B (2002 . Civil liberties and human rights in the aftermath of family line 11 . Harvard journal of uprightness Public Policy . 25 (2 441Holland ,C (2005 ) NOTE : Neither liberal companion nor dead familiar : 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 / population /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 followup 97 (2 607-673Lakoff , G (1995 . parable , Morality , and political sympathies , or Why conservatives have left hand liberals in the dust . Retrieved February 2 , 2007 from : http /network .wwcd .org /issues /Lakoff .htmlO Neill , O (1998 . Kantian moral philosophy . In E . Craig (Ed , Routledge Encyclopedia of doctrine . London : Routledge . Retrieved February 2 ,2007 , from : http /www .rep .routledge .com /article /L042SECT1Paye ,J .C (2006 . A invariable state of emergency . periodic 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 hysteria at the edge of the twenty-first century . New York . picayune BooksPAGEPAGE 11 ...If you want to get a full essay, order it on our website:
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