Link - http://www.cbsnews.com/news/appeals-court-reverses-ruling-that-found-nsa-program-illegal/
Date- 8/28/2015
Summary - A federal appeals court, in a somewhat surprising move, overwhelmingly reversed a lower appeals court decision in May that said the NSA Surveillance Program was excessive. The NSA program was created following 9/11, but the extent of phone collection was unclear until Edward Snowden's revelations in 2013 that the NSA collected the phone numbers of all calls made and received as well as the length of each call. In 2013, a US District Judge ruled that collection was likely unconstitutional but allowed the program to continue while under appellate review. The DC Circuit is the highest appeals court and all three of its judges spoke negatively of the case. One judge said the government wouldn't provide the necessary information to help the challenge to the program while another judge said the challengers needed to show they were targeted by the surveillance program.
This decision is especially interesting because Congress passed a law in June that phases out the bulk collection of phone records by the NSA, even though the FISA (double secret classified court) court claimed the USA Patriot Act of 2001 allowed the program. The new law from Congress requires phone companies to keep all phone records and allows the government to search the records without any warrant. Any further judicial decisions are irrelevant as the program shifts according to the new law, however, big brother will be collecting all phone records until then.
Question (s) - Do you know what the NSA does? Are you willing to give up some freedoms in order to have more security? Is the mass collection of phone records worthwhile?
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ReplyDeleteWhat did you delete Ben?
DeleteThis comment has been removed by the author.
DeleteWhat did you delete Noah?
DeleteWhat did you delete Mateo?
DeleteFunny thread. I deleted Ben's because it was practice. It does seem mysterious, though.
DeleteThe National Security Agency is violating a number of our privacy rights. Edward Snowden just allowed for the American public to be aware of this. We have the first amendment right to freedom of speech, so we should be protected.
ReplyDeleteThe mass collection of phone data and records isn't all that worthwhile because it's impractical to make use of what's collected. Each day, thousands-- if not millions-- of hours of phone calls of texts are being collected, and for the most part nothing is done with them. Since so much is being collected, it's nigh-impossible to effectively sort through the data and pull out relevant information pertaining to threats to national security. The NSA would likely be more effective by targeting only those with reasonable chance to be a threat for phone surveillance.
ReplyDeleteThey're targeting then as well.
DeleteWhile the goal of the NSA is to protect the American people, it's methods are questionable. This website lists all of the (known) things that the NSA can do: http://www.slate.com/blogs/future_tense/2014/01/17/nsa_surveillance_reform_every_scary_weird_thing_we_know_the_agency_can_do.html
ReplyDeleteThere are pros and cons to each ability and an argument can be made that nearly all of these either overstep Constitutional bounds or are valid under the USA Patriot Act. It should be up to each person to decide whether or not they feel the need to have all of these things monitored for them.
The NSA collects all phone records including the times in case there is a terrorist attack or a threat on America. I don't think it is that big of a deal to collect phone records, as opposed to worse things. I do however, find it unhelpful to collect phone records and think that the alternate solution( phone companies keep the records and the government can access it with a warrant) is much more plausible.
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ReplyDeleteCongress requires phone companies to keep all phone records and the National Security Agency monitors these calls. This is a violation of our privacy rights and I am not willing to give up these freedoms to have more "security." The system is too broad and pegs all citizens as threats to the country. The mass collection of phone records is not worthwhile, because the majority of the phone records will not have relevance to the NSA (most people are not plotting against the U.S. that live in the U.S.). To fix this system, it would make more sense to monitor solely the people who are already known threats to the country.
ReplyDeleteEven those lists are fairly lengthy.
DeleteThe National Security Agency is an intelligence organization of the United States government, responsible for global monitoring, collection, and processing of information and data for foreign intelligence. 54% of Americans say they would give up certain freedoms to help fight terrorism; I would not mind giving up freedoms because in the end it helps us without taking too much of our fourth amendment rights.
ReplyDeleteThe NSA or National Security Agency has been responsible for the collection of phone data and surveillance of lines. The NSA has been liable for the security of the citizens of the United States of America. I am not willing to give up some of my freedoms in order to have more security because the information present in my freedoms is information that I am not willing to let other know about. Private information is info that I do not intend on releasing to the government. The mass collection of phone records is not worthwhile because the information invades the privacy of others.
ReplyDeleteAlthough searching phone records may be useful in protecting our security, American citizens should not have their privacy violated by the NSA if there is no reason to search their phone records and other private information. By searching records without a warrant, NSA defies the constitutional right to being searched only with a warrant. Although the Framer's never could have predicted that something like telephones or the internet would ever exist, the Constitution is a living document and the rights it gives to US citizens will need to expand as the world changes. Therefore, searching someone's phone and internet records without a warrant is unconstitutional just as searching someone's house without a warrant would be unconstitutional. NSA should continue to search the phone and internet records of threats, but only if there is reasonable evidence for the search.
ReplyDeleteThe NSA collects "the phone numbers of calls made and received and how long a call lasts, but does not monitor the contents of a call." (CBS News). They claim not to monitor the content, meaning they will only be searching for irregular or unusual patterns in calls. I don't like the idea of surveying my calls, but then again I have nothing to hide and I enjoy my protection. I like living in a safe country, and appreciate the piece of mind provided through the NSA's program. However, I believe it is unconstitutional to collect this sort of data.
ReplyDeleteThe NSA is supposed prevent foreign adversaries from obtaining sensitive national information (IA). It is also supposed to collect, process, and disseminate foreign intelligence information for intelligence and counterintelligence purposes, and support military operations. Mass collection of phone records of American citizens is not really beneficial to their cause because there are so many calls that are not relevant to the missions that they are pursuing.
ReplyDeleteThe fact that the NSA told everyone that they were spying on them and going through their records doesn't make it okay for them to continue doing it. Just because you tell the people that you're violating their rights doesn't mean you CAN violate their rights. The NSA goes against the First Amendment of Freedom of Speech and the Fourth Amendment that requires them to have a search warrant before searching through our records.
ReplyDeleteThe court rulings on the NSA surveillance program are more than shaky, especially when looking at the FISA decisions. The fact that there exists a judicial body specifically for the NSA, which has powers that override appeals courts, seems unlawful. The FISA court, tied so closely to the NSA, clearly made a biased ruling, and therefore its decisions should be made unlawful. The case should be put back to traditional state and federal courts.
ReplyDeleteThe fact that the NSA gathers and keeps all information, whether it be phone records or call patterns, is a violation of our rights. The United States government has access to all of this personal information, violating the right to privacy unless the government is in possession of a warrant. While the NSA claims that they don't always monitor the content unless suspicions arise, I am not comfortable with them having access to any of this information. I appreciate the privacy supported by the constitution and believe that this policy is collecting data in a way that violates our rights as citizens.
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ReplyDeleteIn general, I am fine with giving up some freedoms in order to have more national security. The government collection of our phone records doesn't really affect us that much until we do something that poses a threat to national security. However, I agree with Cuyler that their are too many records to be able to sort through everything effectively, and the whole system seems like a waste of resources. Although it may be unconstitutional to collect our phone records, I am fine with it if they believe it will help protect us.
ReplyDeleteThough it was unconstitutional for the NSA to continue to record information about citizens after it had agreed not to, the role of the NSA in global monitoring is essential to our domestic safety. I do not believe the collection of phone call records is excessive, assuming that the government does not abuse or extend its power to inappropriate activities. I do believe the NSA should have a warrant to actually access the records, instead of being free to do what they want with them.
ReplyDeleteThe NSA is a crazy organization that is imposing on our privacy to a ridiculous degree. The John Oliver video is great about them. I hate the argument that if we're not doing anything illegal what's to fear, super hypocritical, the government never gives away all of their information. The sense of fear the govt conjures with terrorism is propaganda level nonsense. The NSA's anti-terrorist mission has not even had a single case of success.
ReplyDeleteVideo shows variety of issues- spying, apathy, ignorance & reality of threat (Isis in Mosul). If only everyone was as informed as John Oliver.
DeleteThough it was unconstitutional for the NSA to continue to record information about citizens after it had agreed not to, the role of the NSA in global monitoring is essential to our domestic safety. I do not believe the collection of phone call records is excessive, assuming that the government does not abuse or extend its power to inappropriate activities. I do believe the NSA should have a warrant to actually access the records, instead of being free to do what they want with them.
ReplyDeleteThe NSA has claimed the right to monitor the content of the American peoples' phone calls however, this violates the Fourth Amendment that states that they must have a warrant to search through private records. The NSA has no business searching through their citizen's personal conversations, most of us have nothing to hide. By spying on us they create a system of distrust and there is no reasonable suspicions to justify them in doing so.
ReplyDeleteThe mass collection of phone records is not only a huge violation of the rights of Americans, it has proven to be utterly ineffective. Objectively, statistically, the NSA has served no purpose. There has not been one case of a successful interception of a terrorist as the result of NSA spying to date. I am not willing to give up my freedom for safety simply because we are not actually safe in our own country. Amerikkka mayne
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ReplyDeleteThe 14 Characteristics of Fascism, as identified by Lawrence Britt:
ReplyDeletePowerful and Continuing Nationalism
Fascist regimes tend to make constant use of patriotic mottos, slogans, symbols, songs, and other paraphernalia. Flags are seen everywhere, as are flag symbols on clothing and in public displays.
Disdain for the Recognition of Human Rights
Because of fear of enemies and the need for security, the people in fascist regimes are persuaded that human rights can be ignored in certain cases because of "need." The people tend to look the other way or even approve of torture, summary executions, assassinations, long incarcerations of prisoners, etc.
Identification of Enemies/Scapegoats as a Unifying Cause
The people are rallied into a unifying patriotic frenzy over the need to eliminate a perceived common threat or foe: racial , ethnic or religious minorities; liberals; communists; socialists, terrorists, etc.
Supremacy of the Military
Even when there are widespread domestic problems, the military is given a disproportionate amount of government funding, and the domestic agenda is neglected. Soldiers and military service are glamorized.
Rampant Sexism
The governments of fascist nations tend to be almost exclusively male-dominated. Under fascist regimes, traditional gender roles are made more rigid. Opposition to abortion is high, as is homophobia and anti-gay legislation and national policy.
Controlled Mass Media
Sometimes to media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or sympathetic media spokespeople and executives. Censorship, especially in war time, is very common.
Obsession with National Security
Fear is used as a motivational tool by the government over the masses.
Religion and Government are Intertwined
Governments in fascist nations tend to use the most common religion in the nation as a tool to manipulate public opinion. Religious rhetoric and terminology is common from government leaders, even when the major tenets of the religion are diametrically opposed to the government's policies or actions.
Corporate Power is Protected
The industrial and business aristocracy of a fascist nation often are the ones who put the government leaders into power, creating a mutually beneficial business/government relationship and power elite.
Labor Power is Suppressed
Because the organizing power of labor is the only real threat to a fascist government, labor unions are either eliminated entirely, or are severely suppressed .
Disdain for Intellectuals and the Arts
Fascist nations tend to promote and tolerate open hostility to higher education, and academia. It is not uncommon for professors and other academics to be censored or even arrested. Free expression in the arts is openly attacked, and governments often refuse to fund the arts.
Obsession with Crime and Punishment
Under fascist regimes, the police are given almost limitless power to enforce laws. The people are often willing to overlook police abuses and even forego civil liberties in the name of patriotism. There is often a national police force with virtually unlimited power in fascist nations.
Rampant Cronyism and Corruption
Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even outright stolen by government leaders.
Fraudulent Elections
Sometimes elections in fascist nations are a complete sham. Other times elections are manipulated by smear campaigns against or even assassination of opposition candidates, use of legislation to control voting numbers or political district boundaries, and manipulation of the media. Fascist nations also typically use their judiciaries to manipulate or control elections.
Are you saying we have all 14?
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ReplyDeleteThe NSA is a surveillance program that requires phone companies to keep a record of all calls made and how long they were as well as allows the government to access these records without a search warrant. Personally, I am. I do not believe the government can or will get anything harmful towards me out of my phone records and for anyone who feels otherwise, they probably should be monitored. The mass collection of phone calls may be useful in cases of danger and to find out who is associated with who.
ReplyDeleteI heard Wolfgramm is keeping track of where you are outside of school just in case something strange happens. Is that ok?
DeleteEven though it may seem unfair to citizens that the NSA has the right to search all records without a warrant, it is ultimately needed in order to protect the safety within our country. However, I believe that the NSA should only search through documents when they sense a threat. If the NSA were to search through the basic conversations of everyday citizens, it would lead to distrust.
ReplyDeleteThe NSA is a surveillance program that requires phone companies to keep a record of all calls made and how long they were as well as allows the government to access these records without a search warrant. Personally, I am. I do not believe the government can or will get anything harmful towards me out of my phone records and for anyone who feels otherwise, they probably should be monitored. The mass collection of phone calls may be useful in cases of danger and to find out who is associated with who.
ReplyDeleteI am fine with giving up certain freedoms in order to be granted more nation security. If I'm not doing anything wrong, then why does it matter what the government knows about my call records? I do, however, believe that it would be extremely difficult and time consuming to search through a mass collection of phone records because most citizens have nothing to hide.
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ReplyDeleteThe fact that our first and fourth amendments are being compromised in the name of safety, a scandal that was leaked by Snowden, speaks louder on how much power the federal government truly holds, and how they yield it, even though they swear to abide by the constitution and law. Proves that there is corruption in our government and brings up the question of what other private confidential information is our government invading without our knowledge or consent?
ReplyDeleteThe NSA is a government organization that monitors cell phone activity as well as many other forms of communication to ensure safety for the interior against any sort of terrorist attack. Personally I would be willing to surrender some of my freedoms in exchange for security, however speaking for America as a whole I feel that the actions of the NSA are overly invasive and degrade the privacy of law biding American citizens. Finally I would say that the collection of phone records is worth while as long as that power is not being abused by the NSA for reasons other than threats to U.S. soil or foreign places of interest. The mass collection of phone records could prove to be vital in preventing a major terrorist attack that threatens the lives of many. For that reason I do believe this function of the NSA should remain for the time being.
ReplyDeleteThe NSA is an intrusive organization. It was founded on the ideas of protecting the US from terrorism and organized threats, but has quickly evolved to becoming a group that violates privacy. I feel uncomfortable using technology because I feel like I'm always being watched.
ReplyDeleteIn regards to "giving up some freedoms for more security," I would not be opposed to such proposition in the case of the NSA and phone calls. Although it may be a form of deprivation of privacy, the NSA's motive for recording calls is solely to detect potential danger. They are not going to care about the latest family gossip or how how much you miss your boyfriend. And if one is to be concerned about no required warrant, what are they afraid the NSA will find? With this in mind, I would most definitely sacrifice our privileged freedom of phone calling in order to sustain and improve our national security.
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