LISTENING IN… Debating the Legitimacy of Eavesdropping on American Citizens With or Without Just Cause

Personal Opinions You will see signs for “Strongly Agree, Agree, Disagree, & Strongly Disagree” posted around the room. As I read various statements, go stand next to the sign that best describes how you feel about the statement. Be prepared to discuss why you think what you do. If you can give an example, even better!

Statements to Consider Parents who suspect that their children are involved with an illegal activity, such as drug use, vandalism or shoplifting, are justified in eavesdropping on them to discover the truth If a citizen seems to be involved in a criminal activity, governmental authorities are justified in listening in on his/her phone conversations, even if there is no direct evidence of wrongdoing Following the 9/11 attacks, the U.S. government is justified in taking extraordinary measures to monitor the activities of “suspicious” people living within its borders

Statements Continued Any U.S. citizen affiliated with an organization that has ties to the Middle East should be considered suspect by the federal government Citizens should be wary (cautious) of any government action that threatens their personal privacy

Fourth Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.” 1. Put this amendment in plain language (i.e. how can we understand it)?

Questions 2. What did wiki-leaks allege in regard to the NSA’s eavesdropping program? spying-french-presidents-ambassador/ spying-french-presidents-ambassador/ 3. How has the NSA scandal impacted the relationship between the US & Germany? scandal-and-its-consequences/av In your opinion, does the U.S. have the right to spy on foreign countries? Does this include our allies? Justify your answer. 5. Should other countries have the right to spy on us? Explain.

Questions to Consider 6. What factor do you consider most important in deciding the matter of domestic wiretapping & why? 7. Following the 9/11 terrorist attacks, to what degree should Congress support the administration’s attempts to broaden its powers in the interest of national security? 8. If terrorists within the U.S. borders are able to use Constitutional protections to cloak their activities, to what degree might personal privacy be considered a lesser concern than protecting citizens from terrorism?

Questions continued 9. How much evidence or illegal activity should the government have before being permitted to eavesdrop on citizens? 10. To what degree should ordinary citizens be concerned about domestic eavesdropping and why? 11. To what degree – if at all – would you be willing to give up your personal privacy in the interest of fighting terrorism at home and/or abroad?

Questions continued 12. To what degree – if at all – should the government be permitted to broaden executive powers in times of war or in response to domestic or international threats, & why? 13. If you belonged to an organization that others might consider suspicious or threatening in some way, how might you feel if your activities, conversations or correspondence were monitored by the government because of your affiliation with this group?

Final Questions 14. In the case of Edward Snowden, a former signals intelligence (i.e. he had the ability to listen in on phone conversations), do you think he was correct in releasing classified information to the public via wikileaks? Explain 15. In the 2016 Democratic Presidential Campaign, H. Clinton has been under investigation for s sent via her personal server. Intel committees are ~ 90% sure that her was hacked by Chinese &/or Russians. These s included SAP (Special Access Program) level (i.e. top secret spies) information. Do you think she is protected by her argument that the information wasn’t marked as classified at the time sent? Explain