1. NSA AFF – Background Information

2. Plan The U.S. Supreme Court should hold in American Civil Liberties Union (ACLU) v. Clapper that the collection of metadata by or for the use of the National Security Agency (NSA) is an unconstitutional violation of the Fourth Amendment to the United States Constitution.

3. The U.S. Supreme Court Judicial Branch of the United States "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." 9 Judges appointed by the President of the United States – their job is to uphold the rights provided by the Constitution.

4. American Civil Liberties v. Clapper American Civil Liberties sued  the Director of National Intelligence - James R. Clapper  Director of National Security - Keith B. Alexander  Secretary of Defense – Charles T Hagel  Attorney General – Eric H Holder  Director of FBI – Robert S. Mueller III United States District Court Southern District of New York. “13 CV 3994.” https://www.aclu.org/files/assets/nsa_phone_spying_complaint.pdf. June 11 2013.

5. Background Edward Snowden June 2013  Guardian Newspaper reported the NSA was collecting telephone and internet information on American Citizens  The information was given to them by Edward Snowden, the former contractor for the CIA. Why did ACLU Sue? BBC News. “Edward Snowden: Leaks that exposed US spy programme.” January 17, 2014. http://www.bbc.com/news/world-us-canada-23123964

6. Snowden Revealed ACLU Sued NSA phone deal with Verizon, AT&T, & Sprint  The companies had to hand over all their telephone data on a daily basis Major internet companies  Facebook, Google, Microsoft, & Yahoo were tapped into by NSA through an online program called Prism Mainly for the Verizon deal to be broken  They wanted protection of their phone information  They state that the NSA is accesses private and sensitive information about people – infringing on their  4 th Amendment right to privacy and their  1 st Amendment right – claiming that this stops people from coming forward with information out of fear of being watched Why did ACLU Sue? BBC News. “Edward Snowden: Leaks that exposed US spy programme.” January 17, 2014. http://www.bbc.com/news/world-us- canada-23123964 United States District Court Southern District of New York. “13 CV 3994.” https://www.aclu.org/files/assets/nsa_phone_spying_co mplaint.pdf. June 11 2013.

7. What is PRISM? Background First used in 2007 Allows NSA to access US Internet Firms  Emails  Video clips  Photos  Voice & Video Calls  Social Networking details  Logins  Etc. 1978 – Foreign Intelligence and Surveillance Act (FISA) established a 3 judge court that allowed electronic surveillance of people suspected to be against the US Post 9/11 – Bush Admin gave permission to the NSA to watch anyone they suspect to be associated with Al-Qaeda – and were protected under FISA Allowed there to be court orders to obtain information about people without specifying the target (for security issues) PRISM BBC News. “Q&A: NSA’s Prism internet surveillance scheme.” June 25, 2013. http://www.bbc.com/news/technology-23027764

8. What is Metadata? “Metadata is structured information that describes, explains, locates, or otherwise makes it easier to retrieve, use, or manage an information resource. Metadata is often called data about data or information about information.” NISO. “Understanding Metadata,” 2014. NISCO Press. http://www.niso.org/publications/press/UnderstandingMetadata.pdf. 1.

9. What does Metadata do? Discovers important information Organizes electronic resources Provides digital identification Supports archives and preservation NISO. “Understanding Metadata,” 2014. NISCO Press. http://www.niso.org/publications/press/UnderstandingMetadata.pdf. 1.

10. NSA Had Access to… NSA Has Access too… Phone records  Where the call was placed  Telephone numbers of both callers  How long the call was  International mobile identity  Sim Card information HOWEVER AS OF MAY 31 st 2015 the NSA can no longer collect metadata on American phone calls. Email  To, From, CC, BCC, etc.  Date & Time emails are sent and received  IP Addresses  Where a computer is located Social Media (PRISM)  Facebook, Google, Yahoo We believe as the AFF the mass collection of such information is illegal under the 4 th Amendment So for our plan… What is OUR Metadata? Stone, Jeff. “What is ‘Metadata?’ NSA Loses Surveillance Power on American Phone Calls, But ‘Data About ‘Data’ Remains Hazy,” 2015. IBTimes. http://www.ibtimes.com/what-metadata-nsa-loses-surveillance-power-american-phone-calls-data-about-data-1947196

12. Advantage 1: Democracy Supreme Court NEEDS to act – judicial review & independence Without judicial review and independence there is no democracy – the government is becoming authoritarian NEEDS Supreme Court to act to restore Democracy because it is KEY to international peace Democratic institution building prevents instability and WAR Democracy is KEY to preventing nuclear war, terror, & destruction of environment Democracy solves WAR

13. Advantage 1: Democracy Key things to know for this Advantage:  Supreme Court HAS TO ACT (checks & balances)  Key aspect of Democracy is government checks & balances (keeps one branch from having too much power)  If Supreme Court does not act (and since they have not yet acted) then the government is no longer democratic (or checking itself) and one portion of the government is holding too much power, thus we are turning into an authoritarian government.

14. Advantage 1: Democracy Key things to know for this Advantage (cont.):  AUTHORITARIAN GOVERNMENT BAD! VERY BAD! WORST POSSIBLE THING TO HAPPEN!  Why is it bad? – it causes war and international instability (BAD BAD BAD)  The key to preventing war (death) and international instability is… DEMOCRACY! – but in order to maintain democracy then the Supreme Court needs to act.

15. Democracy Authoritarian Citizens have a voice in political actions & actively participate in politics. Free & fair elections – the candidates do not have control over the results Laws are the rules – leaders must obey the same laws as citizens Freedom of speech, press, and religion are core concepts. Citizens have no voice – one ruler or a small group of individuals control society Leaders do not have to follow the same rules or laws as their citizens Leaders often come from military or wealthy families No freedom of speech, press, or religion Advantage 1: Democracy http://www.ushistory.org/gov/13a.asp

16. Advantage 2: Legitimacy NSA spying makes US look less legitimate (internationally) US has less Soft Power = less international influence the US has US constitutional legitimacy is KEY to international order US hegemonic decline wars spread globally & go nuclear Weapons of Mass Destruction, terrorism, and WMD Extinction

17. Advantage 2: Legitimacy Key things to know:  US Soft Power is important because in this case we believe 100% the United States is heaven on Earth & everyone should live like us because we are so great.  Soft Power- social & political influence a country has; nonviolent means of influencing a country or societies behavior (ex: McDonald’s in China)  Because of this NSA situation the US looks bad – its soft power over other nations declines because it not only is less democratic but makes it look less credible as a government to other nations  Propaganda – spreading negative information about a nation to their people – WE lose international respect and credibility

18. Advantage 2: Legitimacy Key things to know (cont.)  If we restore our democratic power through the use of the Supreme Court, we will gain our international legitimacy back.  this allows us to solve for major wars also!  As long as the US is the most powerful and influential nation then wars are less likely to occur because they keep the peace through a unipolar system (a system influenced heavily by one nation) – if the US loses this influence then countries would use their nuclear weapons and go to war with one another  Without the Judicial balance in US to restore legitimacy to other nations – there will be terrorism, nuclear war, and international instability – ALL VERY BAD – which is why our plan is key to solving.

19. Advantage 3: Privacy Court action is KEY to ensure privacy rights Lack of privacy through surveillance reduces people to objects People as objects is dehumanizing… DEHUMINZATION OUTWEIGHS

20. Advantage 3: Privacy Key things to know:  Upholding the ideas of ACLU v. Clapper is key to our privacy rights as citizens – we need to think about the rest of the information being collected & how that also infringes on our protection under the 4 th Amendment  When they take away our privacy the government infringes on our rights as HUMAN BEINGS – it no longer allows you to act freely or make decisions based on your own – it reduces us to objects

21. Advantage 3: Privacy Key things to know (Cont.)  Reducing human beings to objects is DEHUMANIZING!  Dehumanizing – people no longer feel, or want to be alive – they are no longer actual people and are disposable  Dehumanization OUTWEIGHS all other impacts  It’s the MOST IMPORTANT impact in the debate round and ONLY the Aff can solve of it – Dehumanization is the worst possible thing that could ever happen (worse than death, war, etc.)

22. HIPS of the AFF H –  Democracy Declining – Supreme court has yet to act allowing one small part of the government to rule  Decline in Democracy loses respect for US – decline in Soft Power  Infringing on our 4 th Amendment Rights – people are being unlawfully searched I – The NSA has access to online information right now P – The U.S. Supreme Court should hold in American Civil Liberties Union (ACLU) v. Clapper that the collection of metadata by or for the use of the National Security Agency (NSA) is an unconstitutional violation of the Fourth Amendment to the United States Constitution. S –  Democracy is Key – by using Supreme Court we restore the Democratic balance  NSA will lose their right to collect our internet metadata

23. So the Aff Basically Says: Actor: US Supreme Court The NSA collecting our metadata infringes on our 4 th Amendment Right to protection from unwarranted searches and seizures However, because the Supreme Court has yet to act our government is not operating as a Democracy but as an Authoritarian government.  Leads to international War (Nuclear War) The government snooping also makes it lose credibility as a government to other nations, which doesn’t give it as much influence or SOFT POWER over the nations.  Leads to international war (Nuclear War) It also infringes on our 4 th Amendment Rights or Privacy!  DEHUMANIZNING – WORST IMPACT EVER! WORSE THAN DEATH