NSA conducting eEavesdropping Group 7. Our Position We are for congressional legislation or court interpretation of constitution, inherent presidential.

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Presentation transcript:

NSA conducting eEavesdropping Group 7

Our Position We are for congressional legislation or court interpretation of constitution, inherent presidential powers and existing statutes so that it retroactively legitimizes presidential perrogatives to order NSA conducting eEavesdropping

Executive power Fully acceptable during time of war – US is currently fighting a war in Iraq Keep tabs on terrorists – We are in a new world after 9/11 The president is charged with the responsibility of using any means necessary to protect the people of this country.

Executive power Article II of the Constitution grants the president this authority – In fact, he has the duty to protect the US from attacks Past Supreme Court case authorizes additional rights for the president in circumstances similar to this. (Youngstown Sheet & Tube Co. v. Sawyer, Justice Jackson’s concurring option) FISA (Foreign Intelligence Surveillance Act, 1978) is an organization that was established in a different era and does not have the speed and versatility to address the needs of the nation in respect to the amorphous and quick-moving terrorist cells. FISA allows for warrant less surveillance of foreign powers such as governments, but does not provide for cases involving international terrorism.

NSA Professionalism These wiretaps are only authorized based on the assessment of a high-level professional within the NSA. The NSA traditionally uses safeguards to protect the integrity of the public at large. This program has provided far more NSA oversight, including consultation and monitoring by the Inspector General, Senior Supervisors, and NSA Lawyers.

International wiretaps These wiretaps are only allowed for individuals who are inside the US, if they are suspected of making international calls to Al-Qaeda or other terrorist entities. If a domestic to domestic communication is being monitored, a warrant is still sought

Ongoing Authorization The program expires every 45 days and must be re-approved. Checks and balances do exist – This is authorized by Congress! Those that are informed and have no objected: bipartisan leadership of the House and Senate Intelligence Committees bipartisan leadership of the House and Senate Intelligence Committees bipartisan leadership of both the House and Senate bipartisan leadership of both the House and Senate

Structure of Terrorism The structure of al-Qaeda is not one of a traditional army or nation, but rather interspersed individuals Their communication and planning involve and telephone exchanges to members throughout the globe, including inside the US. Thus this situation is one that is different from what the US has faced in the past, and thus different tactics need to be taken

Sources chive_n.html#nsa chive_n.html#nsa 606stmnt.html 606stmnt.html docs/nsa/dojnsa11906wp.pdf docs/nsa/dojnsa11906wp.pdf Surveillance_Act Surveillance_Act