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Privacy problems with surveillance
How internet impacts on privacy
Impact of surveillance on privacy
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" A U.S. citizen’s right to privacy is apparent in Amendment IV of the Constitution, where it states that “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated"" (U.S. Const.). In the modern day, the government is obligated to extend this protection beyond its original intentions, especially to the internet. On the web, there is a greater amount of personal information that can be shared or leaked, leading to a greater opportunity for monitoring. Over the past two decades, this issue has created a controversy: both the innocent and the guilty have been subject to surveillance. In cases where this monitoring is justified—when probable cause …show more content…
In Washington, the Federal Communications Commission (FCC) is charged with regulating all interstate technological communications. The FCC makes the laws but does not enforce them. Enforcement is the job of the Executive Branch, currently handled by the National Security Agency (NSA). The NSA has the power to track the internet, but ""the law says they always need probable cause"" (Dewey) to do so. Probable cause is defined as “sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime†(Law Dictionary.) When a serious enough crime is committed, the perpetrator runs the risk of losing some constitutional rights. With probable cause, authorities are justified in intruding on their privacy, because previous criminals are much more likely to commit crimes than non-criminals are (Recidivism of Criminals...). When a crime is committed, the perpetrator's information is recorded, giving the NSA access to crucial data, which in turn means the suspect can be tracked if deemed …show more content…
In the 2000 Children’s Internet Protection Act (CIPA), the FCC made guidelines that states should implement in their education systems. The CIPA’s goal is to “prevent minors from gaining access to sexually explicit, obscene or harmful materials†(Federal Children’s Internet Protection). For instance, Louisiana requires its schools to limit both “students' and school employees' access to certain ... online sites,†while Massachusetts only has “safety measures to protect students from inappropriate subject matter†(Federal Children’s Internet Protection). Each state has the freedom to make its own specifications either more lenient or stricter than the national government’s. In Massachusetts, there are 160 elected state representatives, while there are only 11 national representatives from Massachusetts. With more than 14 times the number of elected officials in a state legislature than a national one, the people have greater representation, thereby justifying the states in tracking its citizens. If the residents of a state disagree with state laws, they have a greater ability to change them in their own state than in a national
Communication surveillance has been a controversial issue in the US since the 1920's, when the Supreme Court deemed unwarranted wiretaps legitimate in the case of Olmstead v United States. Since telephone wires ran over public grounds, and the property of Olmstead was not physically violated, the wiretap was upheld as lawful. However, the Supreme Court overturned this ruling in 1967 in the landmark case of Katz v United States. On the basis of the fourth amendment, the court established that individuals have the right to privacy of communication, and that wiretapping is unconstitutional unless it is authorized by a search warrant. [Bowyer, 142-143] Since then, the right to communication privacy has become accepted as an integral facet of the American deontological code of ethics. The FBI has made an at least perfunctory effort to respect the public's demand for Internet privacy with its new Internet surveillance system, Carnivore. However, the current implementation of Carnivore unnecessarily jeopardizes the privacy of innocent individuals.
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.
In America we take freedom and privacy for granted, we as people are unable to comprehend how safe our country actually is, especially in today's society. With that being said there is something that we must all understand, in this age of technology if people are not surveillanced it puts everybody else in our country and the country itself at risk. There are aspects of our privacy and life that we have to sacrifice in order to secure the freedom that we do have. The NSA and U.S. government needs access to our private information in order to ensure the safety of our country and citizens.
Whether the U.S. government should strongly keep monitoring U.S. citizens or not still is a long and fierce dispute. Recently, the debate became more brutal when technology, an indispensable tool for modern live, has been used by the law enforcement and national security officials to spy into American people’s domestic.
Andrew Guthrie Ferguson thinks that people should be able to choose what areas they want to be secure from “physical and sense-enhancing invasion.” Another scholar, Joel Reidenbuerg, believes that current views of privacy do not fit well with the current technology, instead surveillance is dependent on “the nature of the acts being surveilled.” One more scholar, Chris Slobogin, believes that “the justification for a search should be roughly proportional to the intrusiveness of the search” (Hartzog, 2015). Point is, legal issues surrounding government surveillance is a complex topic without a perfect all-encompassing solution; each situation is different and should be treated
Domestic Surveillance Citizens feeling protected in their own nation is a crucial factor for the development and advancement of that nation. The United States’ government has been able to provide this service for a small tax and for the most part it is money well spent. Due to events leading up to the terrifying attacks on September 11, 2001 and following these attacks, the Unites States’ government has begun enacting certain laws and regulations that ensure the safety of its citizens. From the Foreign Intelligence Surveillance Act (FISA) of 1978 to the most recent National Security Agency scandal, the government has attempted and for the most part succeeded in keeping domestic safety under control. Making sure that the balance between obtaining enough intelligence to protect the safety of the nation and the preservation of basic human rights is not extremely skewed, Congress has set forth requisites in FISA which aim to balance the conflicting goals of privacy and security; but the timeline preceding this act has been anything but honorable for the United States government.
Individuals are born with certain liberty and freedom. Some freedom are being protected by the Bill of Rights, like freedom of religion, speech, press, and assembly, and some are not. Privacy is one of the rights that was not mention in the Constitution. The definition of the right to privacy is the right to be left alone without government’s intrusion. Throughout history the Supreme Court has been ruling in favor of the right to privacy like in the cases of Griswold v. Connecticut, Roe v. Wade, and Lawrence v. Texas. People who believe that the Constitution should be taken literally protest that this is an act of judicial activism, or judiciary misuse of political power to implement their own opinion on federal laws. Then there are those who believe that the judiciary pursuit justice when protecting individual’s the right to privacy. In this paper I will argue that the right to privacy is an example of the judicial authority in pursuit of justice because it is inferred in the Constitution, it’s a just liberty, and it’s in the state of nature.
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.
"Government Regulating the Internet Whether or not the government should regulate the Internet is not just a simple yes or no question. This issue is a very controversial topic with valid points from both sides. Allowing all information to be unmonitored and accessed by the world brings the risk of harmful or incriminating information being shared as well. Should any privacy users have on the Internet be destroyed by monitoring all searches, just to prevent a small minority from using the Internet for bad purposes? Although no single answer exists, the Internet should be monitored to search for criminal activity and to keep gory information off of children’s computers.
In the United States high schools dealing with student’s privacy are becoming more of a huge problem and more students are feeling that schools are validating their privacy rights. In recent discussions of teen privacy in school, is whether if schools go overboard sometimes and feel they can search the student’s because they are using school property or are on school property. Some people feel that students do need more privacy from their schools because they need their privacy just like everyone else, and with this more reasonability they will have to get them ready when they leave school. On the other hand, some think that by giving more privacy to the student’s more poor decisions would come out of it than strong ones. Students that have
Privacy is a right granted to all American citizens in the Fourth Amendment which states “people have the right to be secure in their persons, houses, papers, and lives against unreasonable search and seizures”. Although our founding fathers could have never predicted the technological advancements we have achieved today, it would be logical to assume that a person's internet and phone data would be considered their effects. This would then make actions such as secretive government surveillance illegal because the surveillance is done so without probable cause and would be considered unreasonable search or seizure. Therefore, access to a citizen’s private information should only be provided using probable cause with the knowledge and consent of those who are being investigated.
Most of the Internet regulation is imposed by the Government in an effort to protect the best interest of the general public and is concerned with some form of censorship.
Although the right to privacy has been used to sway the outcome of many U.S court cases, including the famous Supreme Court ruling of Roe vs. Wade, there is still some debate over how the “right to privacy” should be viewed. For example both Judith Jarvis Thompson, and James Rachels agree that the right to privacy is indeed a right that is bestowed upon citizens, however their perception of how one is granted this right is quite different.
I think there is a right to privacy. What privacy means is “the right to be left alone, or freedom from interference or intrusion” (IAPP,1). Every American citizen has the right to privacy whether it be privacy in their homes, the words in their emails, or daily activities. But not only do the American people have the right to privacy from other citizens, we also have the right to privacy from the government. If the government can keep their conversations, actions and secrets under lock and key then Americans can as well. But unfortunately, the Constitution does not explicitly say anything about “privacy” for the American people, it is left for open interpretation in multiple amendments. The main amendment that screams “privacy” is the fourth amendment.
He notes that government surveillance of internet usage seeks “pre-empt behavior to repress or prevent certain behaviors in the name of security” (Humphreys 2). By monitoring citizen’s internet use, the government is proactive in stopping the crimes that occur online. Americans fear that the constitutional right that prevents the government from “unreasonable search and seizure,” will be completely sacrificed in the name of surveillance but it is necessary for the government to require that citizens give up some of their rights for the sake of security (Humphreys