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4th Amendment and national security
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Inscribed in the stairwell of the Statue of Liberty is Benjamin Franklin’s quote, “They that can give up essential liberty to obtain a little safety deserve neither liberty nor safety.” Recent reactions to terrorist attacks provide examples of our country beginning to mortgage freedom, and privacy under the mask of protection in times of crisis. Warrantless searches and seizures performed in the interest of national security are becoming more commonplace. The balance between civil liberties and national security measures remains a delicate balance which should not tip in a direction that leads to the destruction of the Fourth Amendment’s original meaning. As our nation has grown and endured crises, the scale has become unbalanced. Whilst many schools of thought exist and strong opinions surround this issue, in today’s America the current “war on terror” may have allowed our government to peer too closely into the lives of everyday citizens. Along similar lines, the Edward Snowden scandal has made known extensive and all encompassing data gathering done by the National Security Agency (NSA). This revelation has brought out of the shadows how online and phone information remains unprotected from the prying eyes and ears of the government. Recent data collection cases in the pursuit of terrorists demonstrate clear violations of Fourth Amendment rights guaranteed to by our Constitution. Individual rights should not be violated without cause, consent, or search warrant under the guise of safety. This issue is not new. During colonial times, citizens of the thirteen colonies endured unfair treatment resulting from the Writs of Assistance that granted British law enforcement broad and nearly unrestricted powers o... ... middle of paper ... ...ed. The NSA now collects data, via many means: Google, phone conversations and other social media venues. Indeed, few limits exist as to how much personal digital data is collected or observed and for what purpose that information serves. Understandably, then, recent events have left many modern-day Americans questioning whether the government has over-reached its efforts to protect us when the government itself violated our constitutional rights. Our Constitution put in place, in part, the protection for the freedoms of individual citizens and prevent recurrence of the Writs of Assistance and the tyranny of an intrusive government. Our country would do well to heed the call for liberty first from Benjamin Franklin, even in the digital age. The continued existence of the Fourth Amendment offers a hope that balance can once again be restored. Word Count: 742
How would you feel if everything you did on the internet, every text you sent, and every call you made was seen by someone? That is what the NSA is doing right now. According to Wikipedia, the National Security Agency is a national-level intelligence agency of the United States of Defense, under the authority of the Director of National Intelligence.[1] They have been a controversial topic since the 1970s when it was revealed that they had been wiretapping Americans’ telephones. Their surveillance has only grown since then, even though most Americans disagree with it. [2] The NSA’s domestic surveillance is unconstitutional, ineffective, and a violation of privacy that needs to be stopped.
Charen presents her thesis prominently at the beginning of her essay in her title. By doing so, she not only clearly expresses her thesis that we must give up some liberty to secure the United States, but also peaks the interest of the reader with a provocative and timely statement. To understand the appeal of the title as a narrative hook, the reader should consider the context in which it was written. Charen’s essay was written at a post-9/11 time when security was on the minds of everyone in the United States.
Cole, D., & Dempsey, J. X. (2006). Terrorism and the constitution: sacrificing civil liberties in the name of national security. New York: New Press.
Our nation seems as if it is in a constant battle between freedom and safety. Freedom and security are two integral parts that keep our nation running smoothly, yet they are often seen conflicting with one another. “Tragedies such as Pearl Harbor, 9/11 and the Boston Marathon bombings may invoke feelings of patriotism and a call for unity, but the nation also becomes divided, and vulnerable populations become targets,” (Wootton 1). “After each attack a different group or population would become targets. “The attack on Pearl Harbor notoriously lead to Japanese Americans being imprisoned in internment camps, the attacks on 9/11 sparked hate crimes against those who appeared to be Muslim or Middle Eastern,” (Wootton 1). Often times people wind up taking sides, whether it be for personal freedoms or for national security, and as a nation trying to recover from these disasters we should be leaning on each other for support. Due to these past events the government has launched a series of antiterrorist measures – from ethnic profiling to going through your personal e-mail (Begley 1). Although there are times when personal freedoms are sacrificed for the safety of others, under certain circumstances the government could be doing more harm than good.
Edward Snowden is America’s most recent controversial figure. People can’t decide if he is their hero or traitor. Nevertheless, his leaks on the U.S. government surveillance program, PRISM, demand an explanation. Many American citizens have been enraged by the thought of the government tracing their telecommunication systems. According to factbrowser.com 54% of internet users would rather have more online privacy, even at the risk of security (Facts Tagged with Privacy). They say it is an infringement on their privacy rights of the constitution. However, some of them don’t mind; they believe it will help thwart the acts of terrorists. Both sides make a good point, but the inevitable future is one where the government is adapting as technology is changing. In order for us to continue living in the new digital decade, we must accept the government’s ability to surveil us.
The feeling that someone is always watching, develops the inevitable, uncomfortable feeling that is displeasing to the mind. For years, the National Security Agency (NSA) has been monitoring people for what they call, “the greater good of the people” (Cole, February 2014). A program designed to protect the nation while it protects the walls within as it singles people out, sometimes by accident. Whether you are a normal citizen or a possible terrorist, the NSA can monitor you in a variation of ways. The privacy of technology has sparked debates across the world as to if the NSA is violating personal rights to privacy by collecting personal data such as, phone calls and text messages without reason or authorization (Wicker, 2011). Technology plays a key role in society’s day to day life. In life, humans expect privacy, even with their technology. In recent news, Edward Snowden leaked huge pieces from the NSA to the public, igniting these new controversies. Now, reforms are being pressed against the government’s throat as citizens fight for their rights. However, American citizens are slammed with the counterargument of the innocent forte the NSA tries to pass off in claims of good doing, such as how the NSA prevents terrorism. In fear of privacy violations, limitations should be put on the NSA to better protect the privacy of our honest citizens.
Senator Feingold responded that “we will lose that war [on Terrorism] without firing a shot if we sacrifice the liberties of the American people.” It is now 2017, but Senator Feingold’s arguments from September and October of 2001 continue to pointedly remind the American people of the negative effects the Patriot Act had on American life and will continue to have moving forward. The heart of Feingold’s stance against the Patriot Act was the counter-productivity of it. The, “government of the people, for the people and by the people,” (Lincoln Online) would essentially trade liberties for security. Liberties the Founding Fathers deemed too innate to individuals to list. What purpose will “security” serve if there are no liberties left to defend? If the
“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”-Benjamin Franklin. We live in an age where governments invade the private lives of its citizens in the name of safety. Ironically, anyone who displaying a hint of paranoia when it comes to government surveillance or secrecy is automatically labeled a conspiracy theorist or a kook. It seems that in the U.S., it has become frowned upon to believe that our government would ever infringe on our rights, unintentionally or deliberately. After all, they can’t, it says so in the constitution! But, alas, it turns out “Big Brother” has been very busy the past decade. It seems as though every year new government scandals arise, from cover ups to spying on U.S. citizens. Law enforcement and government agencies are slowly finding “loopholes” through problematic areas of the constitution, with little regard for citizens’ rights. It is our duty as citizens, to not tolerate violations of the law that our nation was founded upon. By examining history and other countries’ policies regarding privacy and freedoms, it becomes clear that if these breaches of our rights are allowed to go on, we will be living in a country of fear and oppression.
Benjamin Franklin, one of the founding fathers of the United States, once said “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In America’s society today, some are willing to sacrifice their civil liberties in order to gain protection and security over some potential threat. Especially after the events of September 11th and several attempted bombings in U.S. cities. This sacrifice of individual freedoms such as the freedom of speech, expression, the right to information, to new technologies, and so forth, for additional protection is more of a loss than a gain. Citizens of the United States deserve equal liberty and safety overall, as someone should not have to give up one value in order to gain another. This concept of individual right goes beyond the simple idea of “individual comfort.” Personal liberties cannot be surrendered and are not to be compromised since these liberties are intangible. Individuals should not have their personal liberties exchanged for national security because individuals are guaranteed protection to these rights.
“The Constitution leaves in its wake a long legacy, forever shaping the fate of many other countries. Whether those countries are currently in a state favorable to liberty or not, it is undeniable that the U.S. Constitution’s principles have caused people to rethink how to organize their political systems” (Hang). Time has only added value to the Constitution, for every time we reference it in our lives it is a testament of our trust and loyalty in what it states about our rights as individuals and the role the government plays in our lives. When it was written, the Constitution was the law of the land that gave people rights they had previously lived without. Similarly, we live lives of choice and independence because of the same document while other countries limit all the rights we are guaranteed in the Constitution. Simply put, “The Constitution is important because it protects individual freedom, and its fundamental principles govern the United States. The Constitution places the government 's power in the hands of the citizens. It limits the power of the government and establishes a system of checks and balances”
The United States government is up to its ears in the personal information it has collected from its citizens. Americans are becoming increasingly “aware of these slowly eroding walls of privacy,”(Hirsh) and more than half polled admit concern “about the overall accumulation of personal information about them “by […] law enforcement, government, […] and other groups,” though “they accept it as an unavoidable modern phenomenon” (Hirsh). The question is, how far is too far to trust the government with the collection, proper storage, and usage of this information? Studies show that “Americans believe that business, government, social-media sites, and other groups are accessing their most personal information without their consent” (Hirsh). People should be given the ability to admit or deny access to their personal information. The government does not have a right to use whatever information it wants for any purpose it wishes. Michael Hayden, once the NSA director for seven years, says, “Even I recognize that it's one thing for Google to know too much, because they aren't putting me in jail. It's another thing for government, because they can coerce me” (Hirsh). The United States government's ability to collect information about its citizens and residents should be restricted by what kind of information it can take, how it can acquire it, and what it can use it for.
The government gives each American citizen a set of unalienable rights that protect them from the government’s power. These rights cannot be broken, yet the government violates the Fourth Amendment daily to find ways to spy on the American public under the guise of protecting against terrorism. In 2007 President Obama said the American administration “acts like violating civil liberties is the way to enhance our securities – it is not.” Americans need to understand that their privacy is worth the fight. The people need to tell their neighbors, their congressmen, and their senators that they will not allow their internet privacy to be violated by needless spying. American citizens deserve the rights given to them and need to fight for the right to keep them by changing privacy laws to include Internet privacy.
There has always been surveillance of the general public conducted by the United States government, the usual justifications being upholding the security of the nation, weeding out those who intend to bring harm to the nation, and more. But the methods for acquiring such information on citizens of the United States were not very sophisticated many years ago, so the impact of government surveillance was not as great. As a result of many technological advancements today, the methods for acquiring personal information - phone metadata, internet history and more - have become much simpler and sophisticated. Many times, the information acquired from different individuals is done so without their consent or knowledge. The current surveillance of people by the United States government is unethical because it is done so without consent and it infringes on a person’s rights to privacy and personal freedom.
However, government agencies, especially in America, continue to lobby for increased surveillance capabilities, particularly as technologies change and move in the direction of social media. Communications surveillance has extended to Internet and digital communications. law enforcement agencies, like the NSA, have required internet providers and telecommunications companies to monitor users’ traffic. Many of these activities are performed under ambiguous legal basis and remain unknown to the general public, although the media’s recent preoccupation with these surveillance and privacy issues is a setting a trending agenda.
A major reason the U.S. needs to increase restrictions on the type and amount of data collected on individuals from the internet is due to the fact that the United States government can track communications and browsing histories of private citizens without warrant or cause. After the terrorist attacks of September 11, 2001, ...