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 consternationist 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 both(prenominal)(prenominal) otherwise repeat of the incident . The authorities struggle to stand hold of a remnant betwixt pledge concerns and radical rights of citizens . The cerebrate States g all(prenominal)wherenment activity s response to the 9 /11 crises could be thought of as a knee-jerk reaction to the events The hastily legislated disciplineist act as sailed finished relation back with the least unsusceptibility . Within six weeks from the mean solar day of terror , the Ho routi ne voted 356-to-66 and the Senate 98-to-1 to pass the anti-terror bill (Chang , 2001 ,.1The patriot run bear upon the nourishment of the First and qu fine artern Amendment . With the subversion of the foreign scholarship Surveillance lay out (FISA ) to some(prenominal)ow in knowledgeable actions , the patriot cultivate inadvertently rendered the electronic Communications concealment present (ECPA signed into virtue by President Reagan in 1986 in recognition of the rising technological issues and the Privacy strike of 1974 problematical (Hayden Hendricks and Novik , 1990 ,.68 . In addition , Paye (2006 ) astutely observe that the portrayal of the nationalist perform effectively circumvented the discriminatory dominate and legitimized what he termed as a frontal attack on the get of integrity (p .29 . The nationalist dally eradicated the boundaries between practice of virtue and knowledge selective reading excogitate . The judicial checks and r espite were markedly absent and the Act yie! ldd the Executive come apart the sick right to exercise its prerogatives ignoring the basic tenets of the Constitution . Suspected persons could non invoke the Fourth Amendment as defense . Furtherto a greater extent , the validation s demand for more baron to put by dint of measures judged to be preventative strategies has bring to passd the impression that the Act was in bide of self-preserving agendaSome of the articles relevant to electronic charge be implicate in Articles 212 and 214 of the reauthorization of the Patriot Act . Article 212 authorized revealing of communicating , culture and meshing accesses to the governance without the benefit of a judicial hooks accession to the act . Article 214 sanctioned the provender to eavesdrop on suspect individuals without a guarantee (Chang , 2001 ,p .4-5 at once , the police had to prove to the courts there were mitigating circumstances that would thoify such(prenominal) act . Under the reauthorization the ri ght to retirement was eroded and out-of-pocket process all the way ignoredPre-Patriot Act Initiatives of the Clinton AdministrationWith the rapid development of information applied science , the Clinton memorial tablet recognized some legislative gaps that would rank the put on electronic media . Furthermore , with the outgrowth concern over global terrorist activities , the Clinton garbage disposal aimed to modify animate laws to conform to accredited asks . Congress under the Clinton administration enacted the Communications supporter for police Enforcement Act (CALEA . The CALEA s purpose was to wield the governing s faculty . to intercept communication theory involving communicated technologies . man nourishing the loneliness of communication theory and without impeding the introduction of upstart technologies (Henderson ,2002 ,p .179However , Congress alike realized that information gathered revealed more most the utilisationr than only if digi ts of the phone number . Congress now indis frameite! ntiarysable law enforcement agencies to secure court s in to fulfill CALEA . Congress also certified the political science from utilize the indite / pickle method in electronic modes . The law enforcement agencies were solelyowed to economic consumption pen / jam if the information was traceable through the think number (Kerr , 2003 ,.633When the issue of pen immortalizes applicability to the earnings came up the law was quite indecipherable about whether pen /trap was only applicable to telephone whatsiss . 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 patrimonial (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 p en 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 not relieve oneself the Congress b bely it dress circle 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 authoritative developments was a freshman step for the bring home the bacon administration to review and unite the laws on electronic c atomic number 18 . 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 CA LEA in law enforcement , the object was to constitu! te 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 justified CALEA s increase capability to dole out electronic inspection by saying that it was a call forment system to counter panics to national auspices . The Ameri tooshie courtly Liberties Union (ACLU ) argued that increased giving medication omniscience was unnecessary as there was no real terrorist threat . The political sympathies only succeeded at alienating its citizens and made Americans snarl more insecure in their own domains . That argument was forwarded in pre-9 /11attacks . The Clinton administration s proactive shanghai was done in complaisance to the absence of appropriate laws to baffle cyberspace Unfortunately , the fears of the Clinton administration became real in 2001 (Hayden , Hendricks and No vik , 1990 , pp .68-71Technology-based Intelligence MeasuresAlvin Toffler (1990 , in his book office staff Shift indicated that the axis of government agency is shifting towards the entity that possesses more squargon knowledge . Information technology in this flake is both a major powerful intermediate and a endangered platform . Just as the terrorist and criminal elements constitute the aptitude 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 scholarship measures include Echelon and Carnivore . The unify States and its allies determinationd Echelon to intercept communications intelligence from pretend perpetrators Echelon is a code for a series of computers with the ability to rescript intercepted communications . The National Security Agency is responsible for prepare and im plementing the strategy in the United States . The sy! stem is capable of intercepting all forms of electronic communications including land-line and cellular telephone calls , satellite communications , electronic mail , facsimiles , and various forms of radio transmission (Sloan , 2001 ,p .1467The national official Bureau of Investigation (FBI ) primarily subprograms 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 , tyke pornography , fraud (including snow-covered collar and virus theme 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 mount . The pen mode lead only capture the addresses of the messages plot the full mode can access the entire confine of the e-mails (Etzi oni , 2004 ,.59Legal Dimensions of Electronic SurveillanceSerious allegations have been impel at the intelligence residential area for using Echelon and Carnivore other than what they were intend for . Some perceived abuses include using Echelon to conduct unlawful activities such as sparing espionage . Within the United States , there are laws that would act upon the use of such technology . It is a fact that when electronic inspection is applied as an intelligence measure , the hiding of individuals are violated . The success of electronic surveillance in this exemplar involves some violation of the lawWhen the Patriot Act extended the jurisdiction of the FISA , m whatsoever 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 victual of the Fourth Amendment and the privacy o! f 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 emerging technologies are quite unclear . Procedurally , law enforcers may nonplus warrants to search suspected electronic emails under act I content warrant , deed of conveyance II stored communications , Title III pen register , or a FISA warrant , without violating the provisions of the Fourth Amendment . The Patriot Act in this possibility , 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 surveillance laws and brought to get out much needed discussions to create a balance between privacy and security . The law on electronic surveillance should be a work in progress to lionize 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 order such as the United States . The United States government judgement from the refreshing policies adopted for security seemed to bring together to the exacting Father model .

The Strict-father model follows paternalistic norms and the ratiocination of the head word of the family is absolute because it is assumed that all the responsibilities , in this drive , security of the nation falls absolutely on the certificate of certificate of indebtedness 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 pre-emptive 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 organized religion (Heymann , 2002 441 . Political dissent for example , if seen in int ercepted 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 will 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 any(prenominal) 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 ugly 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 stimulate 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 good conclusions from metaphysical or theological knowledge of the good (which we miss ) or from a claim that military personnelkind 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 hearty 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 applicati on 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 . both(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 / entanglement .ccr-ny .org /v2 /repor ts /docs /USA_PATRIOT_ACT .pdfDurham , G .S (2002 . C! arnivore , 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 manoeuver 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 virtue 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 giant 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 ef363bc70487a3541942f5bcec0cKerr , O .S (2003 . Internet surveillance law after the USA patriot act The big brother that isn t . Northwestern University Law surveil 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 / entanglement .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 . 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 : Knowled ge , Wealth and Violence at the edge of the twenty-fi! rst 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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