NATIONAL SECURITY VS. PRIVACY in the Modern Age Javaria Mughal
Total Page：16
File Type：pdf, Size：1020Kb
1st Place Essay Contest Winner High School Category NATIONAL SECURITY VS. PRIVACY in the Modern Age Javaria Mughal overnment surveillance has May 7; Condon, 2013, June 12). Such justifiably developed problems demonstrate a need to a negative connotation due reevaluate the scope of intelligence Gto governments’ mass accumulation operations, and the regulations that of the personal and communications govern them. However, surveillance data of millions of citizens, remains a necessary component in misleading or overblown claims securing a nation and protecting its about the effectiveness of these bulk constituent citizens. surveillance programs in preventing terrorist attacks (Bergen, Sterman, Today, terrorism poses a legitimate Schneider, and Cahall, 2014), and threat to Western countries, as the dubious legal footing of these illustrated by the events of 9/11, programs (Associated Press, 2015, threats from extremist groups such 4 FRASERINSTITUTE.ORG as ISIS, and attempted plots on differed. Consequently, prosecutors Western countries (Bergen, Sterman, found it difficult to establish a Schneider, and Cahall, 2014). The comprehensive picture of the night’s attacks on 9/11 and the conflicts events. The presence of CCTV created by extremist groups in the cameras or other visual surveillance Middle East demonstrate these equipment could have more clearly terrorist organizations’ significant established the facts and better capacities for destruction. To enabled the successful prosecution prevent potentially catastrophic of George Zimmerman, or attacks on Western countries, corroborated his innocence as ruled governments must use preemptive by the court (Bilton, 2013, July 16). measures to identify and neutralize Too often do the facts surrounding possible strikes before they injustices come down to the word occur. Without monitoring highly of those with unreliable knowledge, suspected persons’ communications or reason to lie, and too often do we and activities, government fail to bring justice, or know if justice NATIONAL security programs are less able has been brought, to those actually to assess the severity of threats, guilty or innocent. as their only intelligence sources would be intermittent tips. US SECURITY To prevent potentially catastrophic intelligence claims to have already stopped dozens of attacks through attacks on Western countries, VS. PRIVACY preemptive investigation and governments must use preemptive response, yet some analysts believe measures to identify and neutralize in the Modern Age that these numbers are exaggerated possible strikes before they occur. (Bergen, Sterman, Schneider, and Javaria Mughal Cahall, 2014). Having established the usefulness of surveillance, the next step Today, terrorism poses a legitimate becomes determining the extent to threat to Western countries, as which surveillance is appropriate. illustrated by the events of 9/11 In 2013, Edward Snowden leaked and threats from extremist groups evidence of the US government’s such as ISIS... bulk surveillance programs, including the PRISM program for collecting Internet communications of the Government surveillance can be bulk telephony metadata extraction useful in many domains other justified under Section 215 of the US than terrorism. Cases involving Patriot Act (Granick and Sprigman, unwarranted police violence, 2013, June 27). Since this release, assault, theft, and murder can be US government officials have aided through CCTV cameras. In consistently stressed the need for the State of Florida vs. George these programs. President Obama Zimmerman case, eyewitness defended them as integral to the accounts of the conflict between protection of American citizens Zimmerman and Trayvon Martin all (Baker, 2013, June 17). NSA Director CANADIAN STUDENT REVIEW WINTER 2016 5 Gen. Keith Alexander stated before Programs Stop Terrorists? Congress that “the information determined that NSA surveillance gathered from these programs only initiated 7.5% of investigations, provided the US government with of which 1.8% involved bulk critical leads to help prevent over telephony metadata under Section 50 potential terrorist events in more 215 of the USA Patriot Act, 4.4% than 20 countries around the world” involved surveillance under Section (United States Congress, 2013, June 702 of the FISA Amendments Act, 18). However, a report from the New and 1.3% involved an unidentified American Foundation casts doubt on authority. On the other hand, these claims. traditional investigative methods, including the use of tips, informants, intelligence from traditional How large a role does bulk CIA and FBI sources, routine surveillance play in counter- law enforcement, militants’ self- terrorism efforts? disclosure, and reports of suspicious activity initiated 60% of investigations. The initiation methods in 27.6% of By analyzing 225 cases involving cases are unclear; though possible, individuals charged with some it is unlikely that NSA surveillance terrorism crime, the authors of the initiated these investigations, as the report Does NSA’s Bulk Surveillance government would have then likely 6 FRASERINSTITUTE.ORG indicated such key contributions in Basaaly Moalin with al-Shabaab, an order to emphasize the benefit of its al-Qaeda affiliate. The FBI discovered surveillance programs. Either way, that Moalin was in contact with these statistics are inconsistent with al-Shabaab officials when he was US officials’ claims about the large caught providing $8,500 to an role that bulk surveillance plays in al-Shabaab affiliate. Though bulk counter-terrorism efforts (Bergen, collected metadata was apparently Sterman, Schneider, and Cahall, 2014). used, it is noteworthy that the FBI did not start investigating Moalin In fact, available evidence suggests until two months after the NSA first that bulk collection is not necessary. provided a tip. Furthermore, this During a Senate Judiciary one case which US officials use to Committee hearing in October 2013, argue the necessity of mass data NSA Director Alexander admitted collection does not even illustrate a that the bulk collection of American need for sweeping bulk collection of telephone metadata had only metadata, but rather the collection prevented one known terrorist attack of metadata for communications in in the US (United States Senate, which one party is a known or highly 2013). In this case, the government suspected terrorist. Such a metadata used telephone metadata to collection method would also have connect San Diego cab driver sufficed in other investigations, CANADIAN STUDENT REVIEW WINTER 2016 7 such as that of Najibullah Zazi. Zazi, Many people perceive mass who was planning to bomb the New government surveillance of York City subway system in 2009, individuals’ communications and was communicating with an email actions as intrusive and ultimately address known to belong to an al- discomforting (CBC News, 2015, Qaeda figure five months prior to January 28). Surveillance advocates the NSA’s interception of Zazi’s email quickly dismiss such apprehensions (Bergen, Sterman, Schneider, and with the phrase, “If you have Cahall, 2014). nothing to hide, you have nothing to fear.” But as computer security expert Bruce Schneier counters, the The failure to prevent the “nothing to hide” argument is built September 11th attacks despite on a premise that “privacy is about the slew of warnings suggests hiding a wrong” (Schneier, 2006, that what intelligence agencies May 18). Privacy does not necessitate require is not more data, but better misdeed, and is a valued right that responsiveness and appropriate provides citizens immense comfort information-sharing within and satisfaction. Thus, privacy is government. worth protecting. Privacy does not necessitate We are often presented with a misdeed, and is a valued right that dichotomy that has the 2001 terrorist provides citizens immense comfort attacks on one side, and government and satisfaction. surveillance on the other. However, US intelligence agencies were repeatedly informed of possible More complications arise when intelligence agencies seek to attacks by Osama bin Laden for interpret the massive datasets they several months leading up to the have extracted. Innocent jokes or September 11th attacks. In the spring statements can be misinterpreted as of 2001, top officials were briefed by terrorist threats when taken out of reports indicating the existence and their proper context. For instance, advancement of bin Laden’s plans. a man named Joe Lipari spent two These warnings continued through years fighting charges after he the summer with reports indicating paraphrased a quote from the film continuing plans for bin Laden’s Fight Club. The literal meaning of attacks and imminent threats his statement seemed to threaten (Eichenwald, 2012, September an Apple store, but in context, it 10). The failure to prevent the was a harmless joke written without September 11th attacks despite the the intention of pursuing violent slew of warnings suggests that what action (Booth, 2010, September intelligence agencies require is not 24). Due to the clandestine nature more data, but better responsiveness of government surveillance and appropriate information-sharing operations, it is difficult to precisely within government. quantify the number of individuals 8 FRASERINSTITUTE.ORG incorrectly deemed a threat and The government’s mass accumulation inconvenienced by false charges. of telephony and Internet data is However, the fundamental issue of unnecessary for ensuring national