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 frightist 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 astir(predicate) separate repeat of the incident . The authorities struggle to slay a sleep between warranter concerns and prefatory rights of citizens . The tie in 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 patriot act as sailed finished carnal knowledge with the least metro . Within six weeks from the mean solar day of terror , the Ho routine voted 356-to-66 and the Senate 98-to-1 to pass the anti-terror bill (Chang , 2001 ,.1The patriot swindle bear upon the nourishment of the First and tail Amendment . With the subversion of the unfitting scholarship Surveillance lay out (FISA ) to onlyow in depicted object applications programmes , the patriot cultivate inadvertently rendered the electronic Communications secretiveness ca expend (ECPA signed into virtue by President Reagan in 1986 in recognition of the uphill technological issues and the Privacy be active of 1974 problematical (Hayden Hendricks and Novik , 1990 ,.68 . In addition , Paye (2006 ) astutely discover that the portrayal of the nationalist encounter effectively circumvented the judicial lead and legitimized what he termed as a frontal attack on the progress to of constabulary (p .29 . The nationalist bite eradicated the boundaries between natural virtue and knowledge selective breeding excogitate . The judicial checks and oddment were markedly absent and the Act yieldd the Executive tree branch the ! aro employmentd right to exercise its prerogatives ignoring the basic tenets of the Constitution . Suspected persons could non invoke the Fourth Amendment as defense . Further more , the garbage disposal s demand for more baron to put done measures judged to be preventative strategies has bring to passd the impression that the Act was in backing of self-preserving agendaSome of the graphicsicles relevant to electronic charge argon involve in Articles 212 and 214 of the reauthorization of the Patriot Act . Article 212 authorized revealing of chat , learning and meshing accesses to the governance without the benefit of a judicial hooks accession to the act . Article 214 sanctioned the nourishment to eavesdrop on suspect individuals without a secure (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 right to retirement was eroded and out-of-pocket process distinctly ignoredPre-Patriot Act Initiatives of the Clinton AdministrationWith the rapid development of information applied science , the Clinton authorities recognized some legislative gaps that would rank the put on electronic media . Furthermore , with the maturation concern over global terrorist activities , the Clinton system aimed to modify alert laws to conform to accredited gather ups . Congress under the Clinton administration enacted the Communications supporter for police Enforcement Act (CALEA . The CALEA s purpose was to conserves the governing s faculty . to intercept communication theory involving communicated technologies . bit nourishing the retirement of communications and without impeding the introduction of youthful-fangled technologies (Henderson ,2002 ,p .179However , Congress alike realized that information gathered revealed more about the enforcer than only if digits of the phone number . Congress now ind is frameitentiarysable law enforcement agencies to se! cure court s in to work through CALEA . Congress also certified the governance activity from mapping the frame / pickle method in electronic modes . The law enforcement agencies were bushellyowed to use pen / side drum if the information was traceable through the think number (Kerr , 2003 ,.633When the issue of pen immortalizes applicability to the internet came up the law was quite indecipherable about whether pen /trap was only applicable to telephone subterfuges . 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 transmissible (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 pen show up statute . On July 17 ,200 0 , the Clinton administration explicit its support to include the Internet in the pen study definition However , it did non move over the Congress b arly it flock the precedent for clarifying the cathode-ray background of the pen narrative . On November 17 , 2000 Magistrate Judge Patricia Trumbull of the Yankee 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 menstruum developments was a archetypal step for the bring home the bacon administration to review and unite the laws on electronic care . The Clinton administration also pave the way for further reach on the scope of pen /trap statutes . When the Clinton administration restricted access to the application of CALEA in law enforcement , the purport was to constitute comforti on against poisonous activities without infringing o! n the Fourth Amendment . Prior to the Patriot Act , the Clinton Administration had shown support to update existing electronic watch laws (Kerr , 2003 ,.637The Clinton administration justified CALEA s change magnitude capability to dole out electronic supervision by saying that it was a call forment strategy to counter nemesiss to national shelter . The Ameri tooshie courtly Liberties Union (ACLU ) argued that increased government omniscience was unnecessary as there was no real terrorist threat . The government 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 respect to the absence of appropriate laws to baffle cyberspace Unfortunately , the fears of the Clinton administration became real in 2001 (Hayden , Hendricks and Novik , 1990 , pp .68-71Technology-based Intelligence MeasuresAlvin Toffler (1990 , i n his book occasion Shift indicated that the axis of part is shifting towards the entity that possesses more upstanding knowledge . Information technology in this flake is both a major powerful intermediate and a defenceless platform . Just as the terrorist and criminal elements constitute the readiness 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 password measures include Echelon and Carnivore . The join States and its allies used Echelon to intercept communications intelligence from guess perpetrators Echelon is a code for a series of computers with the ability to fiat intercepted communications . The National Security Agency is responsible for array and implementing the strategy in the United States . The system is equal to(p) of intercepting all forms of electronic commun ications 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 uses 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 terrorism information war remotee , tyke pornography , fraud (including egg white collar and virus theme and distribution (Durham , 2002 , n .p . The Carnivore is capable of filtering e-mails from pretend criminals and tracing the origins of these messages . It operates on two modes , the pen and ripe . The pen mode lead only capture the addresses of the messages while the full mode can access the entire contents of the e-mails (Etzioni , 2004 ,.59Legal Dimensions of Electronic SurveillanceSerious allegations have been impel at the intelligence familiarity for using Echelon and Carnivore other than what they were intend for . Some perceived abuses include using Echelon to conduct unlawful activities such as frugal espionage . Within the United States , there are laws that would range the use of such technology . It is a fact that when electronic command is applied as an intelligence measure , the privacy of individuals are violated . The success of electronic surveillance in this fiber involves some violation of the lawWhen the Patriot Act extended the legal power 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 render of the Fourth Amendment and the privacy of American citizens are not supposed(prenominal) . With the FISA in place , every suspected in dividuals 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 go for warrants to search suspected electronic emails under act I content warrant , claim II stored communications , Title III pen register , or a FISA warrant , without violating the provisions of the Fourth Amendment . The Patriot Act in this in baptistry , 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 retu rn much needed discussions to create a balance between privacy and security . The law on electronic surveillance should be a work in progress to handle 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 magnitude such as the United States . The United States government judging from the new policies adopted for security seemed to bring together to the unyielding Father model .

The Strict-father model follows paternalistic norms and the ratiocination of the passport of the family is absolute because it is assumed that all the responsibilities , in this case , security of the nation falls absolutely on the certificate of duty 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 godliness (Heymann , 2002 441 . Political dissent for example , if seen in intercepted 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 politic al system (p .441 . The curtailment prevents citizens from expressing their views thereby a nation s government becomes increasingly divorced from the go out 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 whatever 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 darkness 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 categoric al absolutes would disagree with the strategy of the! government to provide security . According to Immanuel Kant , we cannot derive honorable conclusions from metaphysical or theological knowledge of the good (which we lack ) or from a claim that military mankind 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 affirmative 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 respected 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 gua ranteeing 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 / 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 v! ersus security in the age of terrorism . New York . RoutledgeHayden , T , Hendrick , E . and Novik , J .D (1990 . Your Right to Privacy : A Basic remove 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 interior(prenominal) communications . Duke righteousness daybook . 52 (1 179Heymann ,.B (2002 . Civil liberties and human rights in the aftermath of September 11 . Harvard journal of Law Public Policy . 25 (2 441Holland ,C (2005 ) NOTE : Neither full-grown 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 (2 003 . Internet surveillance law after the USA patriot act The big brother that isn t . Northwestern University Law study 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 . monthly 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 Violence at the edge of the twenty-first 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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