NSA Surveillance Justin Waller and Brian Bauer

What is NSA Surveillance? Essentially NSA surveillance is an attempt to monitor communications in order to prevent attacks on our country. 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. 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. 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.

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) 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. 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 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

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. 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 Invasion of Privacy/Possible Repercussions Questionable Legality Questionable Legality

Legality… 1 st Amendment Rights 1 st Amendment Rights 4 th Amendment Rights 4 th Amendment Rights FISA (Foreign Intelligence Surveillance Act of 1978) FISA (Foreign Intelligence Surveillance Act of 1978) Michigan Circuit Court Ruling by Judge Anna Diggs Taylor 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 Taylor’s Memorandum of her Ruling). “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 Taylor’s Memorandum of her Ruling).

Legal Justification In Favor of Surveillance Joint resolution by Congress – Sep – ‘use all necessary and appropriate force’ Joint resolution by Congress – Sep – ‘use all necessary and appropriate force’ AUMF AUMF Justice Department brief – authority to authorize wiretaps sans-warrant in cases of national security Justice Department brief – authority to authorize wiretaps sans-warrant in cases of national security

Legalities, cont. Case In re: Sealed Case – FISA court ruled actions constitutional Case In re: Sealed Case – FISA court ruled actions constitutional Constitutional Article II Powers Constitutional Article II Powers