NSA Surveillance

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NSA Surveillance

• Justin Waller and Brian Bauer

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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.

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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

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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

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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 Taylors
  Memorandum of her Ruling).

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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

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Legalities, cont.

• Case In re Sealed Case FISA court ruled
  actions constitutional
• Constitutional Article II Powers