Link - http://www.cbsnews.com/news/appeals-court-reverses-ruling-that-found-nsa-program-illegal/
Date- 8/28/2015
Summary - A federal appeals court, in a somewhat surprising move, overwhelmingly reversed a lower appeals court decision in May that said the NSA Surveillance Program was excessive. The NSA program was created following 9/11, but the extent of phone collection was unclear until Edward Snowden's revelations in 2013 that the NSA collected the phone numbers of all calls made and received as well as the length of each call. In 2013, a US District Judge ruled that collection was likely unconstitutional but allowed the program to continue while under appellate review. The DC Circuit is the highest appeals court and all three of its judges spoke negatively of the case. One judge said the government wouldn't provide the necessary information to help the challenge to the program while another judge said the challengers needed to show they were targeted by the surveillance program.
This decision is especially interesting because Congress passed a law in June that phases out the bulk collection of phone records by the NSA, even though the FISA (double secret classified court) court claimed the USA Patriot Act of 2001 allowed the program. The new law from Congress requires phone companies to keep all phone records and allows the government to search the records without any warrant. Any further judicial decisions are irrelevant as the program shifts according to the new law, however, big brother will be collecting all phone records until then.
Question (s) - Do you know what the NSA does? Are you willing to give up some freedoms in order to have more security? Is the mass collection of phone records worthwhile?
I think one of the reasons the NSA is viewed negatively is that they appear to be sneaky and dishonest. I think most Americans are against their level of power, but might change their minds if the organization was more direct and straightforward. I am willing to give up certain freedoms for national security, but at the moment I don't see the use of a mass collection of phone records.
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ReplyDeleteThe NSA is a government organization that is in charge of overseeing communications and networking in the US. Recently, the NSA has been monitoring phone calls and collecting records of the calls and their lengths. Personally, I believe this is an infringement on citizens' privacy, however, I think it is necessary in order to have more security. I do not have anything to hide from the government, so there is no harm in recording my phone calls. I think it is worthwhile because it will help provide more security for the nation, however, it may be time consuming to go through every phone call.
The NSA is exploiting our rights. The mass collection of phone records is abusing the 4th amendment. The 4th Amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. The NSA has no probable cause indicating that they have no right to take and store that information.
ReplyDeleteGood reference to probable cause, remember in school it's reasonable suspicion.
DeleteThe NSA is exploiting our rights. The mass collection of phone records is abusing the 4th amendment. The 4th Amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. The NSA has no probable cause indicating that they have no right to take and store that information.
ReplyDeleteI believe that giving up some freedoms is important for security purposes, but it can be dangerous if we give up too much. The government has expanded tremendously since the creation of the Constitution and even more after the Great Depression and 9/11. With the growing technological world, the government has more access to the daily lives of citizens. Edward Snowden has made many citizens in the USA realize that the government is using technology to monitor citizens. Privacy is a natural right that should be protected by the Constitution, but by monitoring citizens through technology, it violates the natural right. A mass collection of phone records can be worthwhile for very few cases, but it is still violation of privacy. Needing phone records are unnecessary for most cases and should not continue to happen without the consent of citizens.
ReplyDeleteGood reasoning. Nice flow.
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ReplyDeleteThe NSA protects a variety of US information systems and produces foreign intelligence information. I believe that the government should only be granted access to our phone records if they have a warrant. The mass collection of phone records is not worth their while as an overwhelming percent of these records are not regarding the breaching of the united states security.
ReplyDeleteI believe that giving up some freedoms is important for security purposes, but it can be dangerous if we give up too much. The government has expanded tremendously since the creation of the Constitution and even more after the Great Depression and 9/11. With the growing technological world, the government has more access to the daily lives of citizens. Edward Snowden has made many citizens in the USA realize that the government is using technology to monitor citizens. Privacy is a natural right that should be protected by the Constitution, but by monitoring citizens through technology, it violates the natural right. A mass collection of phone records can be worthwhile for very few cases, but it is still violation of privacy. Needing phone records are unnecessary for most cases and should not continue to happen without the consent of citizens.
ReplyDeleteAlthough some believe that the NSA does not have the right to view phone records without a warrant, this private information is ultimately used for security purposes. And for this reason, I am willing to give away some freedoms in exchange for safety. Ultimately, I feel that the mass collection of phone records are worthwhile because they take the precautionary measures.
ReplyDeleteThe NSA program was created in order to protect ourselves, through watching over others through surveillance. Some people don't believe that the NSA should have the power to do this, mostly because they think it is unconstitutional and it violates their individual rights. I do think that if the NSA believes that there is a possible threat, they have a right to search through phone records, but only if necessary. We deserve to be protected, but we also deserve to trust those that protect us.
ReplyDeleteThe NSA is in charge of monitoring people globally in order to prevent acts of terrorism. I will not give up my freedom and go against the 4th amendment in order to have more security. Even though I have nothing to hide, the act of accessing people's private calls/messages is unjust. I feel as though the mass collection of phone records might be worthwhile if used for correct reasons, not just to have to look at without a purpose.
ReplyDeleteThe NSA program was created in order to protect ourselves, through watching over others through surveillance. Some people don't believe that the NSA should have the power to do this, mostly because they think it is unconstitutional and it violates their individual rights. I do think that if the NSA believes that there is a possible threat, they have a right to search through phone records, but only if necessary. We deserve to be protected, but we also deserve to trust those that protect us.
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ReplyDeleteAlthough the NSA seems to have good intentions, that is, to protect the American people from terrorism and other national threats, they are attempting to protect them by negating the basic right of privacy. Although I believe that some privacy rights should be abandoned in order to ensure American security, the amount of data the NSA collects on the American people seems as if the association is using the information for other purposes rather than those granted by the Patriot Act of 2001. In reality, I do not believe that the mass collection of phone records, which include instantaneous location and message content, can benefit anyone's security because the possibility of receiving information that threatens national security is so slim, that the sheer amount records will overpower that which they are searching for.
ReplyDeleteThe NSA is an intelligence agency that concerns itself with the safety of the nation and national government. It does so by collecting various amounts of data and analyzing it. personally, I am willing to give up certain freedoms in order to have more security, however, I would want to be aware of what exactly giving up certain freedoms would entail. I do not wish to agree to give up some of my rights and not know the extent to which the NSA would take advantage of this. In addition, I think that the mass collection of phone records is not worth while. Not only does it infringe upon the rights of individuals, (namely freedom of speech and needing a warrant to search personal records) but it is more or less a waste of time. the vast majority of the phone records being collected would not add any essential information that the NSA needs to know.
ReplyDeleteData shows that information from program has only stopped one "plot", which was actually an attempt to get $ to Al Shabbab in Somalia. Human intelligence is more beneficial than mass data collection.
DeleteThe NASA is surveillance program that collect all phone records in U.S. to prevent terrorist attack. Actually I do not really care about my phone calls are recorded or not as long as it is not going to be public. If the program is going to collect all the records, it also need to response of keep the personal records personal. The mass collection may stop some terrorists, but if terrorists really want to plan an attack, there are many other way that could make it occurs with out making any phone calls.
ReplyDeleteAlthough the NSA seems to have good intentions, that is, to protect the American people from terrorism and other national threats, they are attempting to protect them by negating the basic right of privacy. Although I believe that some privacy rights should be abandoned in order to ensure American security, the amount of data the NSA collects on the American people seems as if the association is using the information for other purposes rather than those granted by the Patriot Act of 2001. In reality, I do not believe that the mass collection of phone records, which include instantaneous location and message content, can benefit anyone's security because the possibility of receiving information that threatens national security is so slim, that the sheer amount records will overpower that which they are searching for.
ReplyDeleteThe powers of the NSA have been taken to some extremes with the collection of data from domestic sources. The intended purpose of the NSA was to monitor and examine data from international sources and detect any kind of threat to domestic security. I am certainly willing to give up these freedoms for national security so long as my personal information remains safe and unattainable. The mass collection of phone calls is hardly worthwhile however as it is simply tedious to scavenge through millions of phone conversations for anything that may be deemed as a threat.
ReplyDeleteAfter 9/11, the NSA began to monitor phone calls to search for potential terrorists. I am willing to give up some freedoms to protect our national security because in our day in age where many interactions take place via calls or on the internet, cell phones are a major platform that cannot be disregarded. However, the NSA should streamline their mass phone records to only monitor ones that pose a threat rather than monitoring daily conversations.
ReplyDeleteI personally wouldn't mind giving up some privacy if it meant that there would be more national security. There would just need to be more national trust in the agency. To achieve this, the NSA would have to be very transparent and straight forward with their actions. I believe that the mass collection of phone records can only be so useful because, in general, the majority of Americans aren't planning to attack the masses.
ReplyDeleteThe NSA has a lot of power. There is a feeling that looms over the federal government about terrorism, so in order to protect its citizens, the NSA must take preventative measures, such as cell phone screening. I have no problem giving up some personal freedoms to the NSA if I have nothing to hide, something that should be the case with everyone. It's obviously true that federal governmental power has expanded and as citizens we must trust the government to do what is necessary.
ReplyDeleteBest name so far!
Delete"Trust the government"???? How do you think that would poll?
Although I would be willing to give up some personal freedoms in return for national security, I believe the NSA's Surveillance Program infringes on citizen's constitutional rights. The NSA has to comb through millions of phone calls and would most likely be unsuccessful and ineffective in monitoring the amount anyway. The government should have the power to monitor these records if they are suspicious and find a threat to national security, but they do not have the power to do so with innocent citizens. In addition, the citizens of America were only informed of certain aspects of this program from Edward Snowden, a former member of the NSA, which made the government seem untrustworthy.
ReplyDeleteThe NSA collects copious amounts of information about various aspects of our lives to determine if someone is a threat to those around them and our nation as a whole and to safeguard our national security. I don't really see the point of the collective phone call records that are examined extensively by NSA and I believe there may be a far more efficient way to gather information. I am wiling and able to forfeit some of my rights, though I believe that forfeiting my rights to free speech and expression is unconstitutional and a violation of our basic unalienable rights.
ReplyDeleteAlthough I would be willing to give up some personal freedoms in return for national security, I believe the NSA's Surveillance Program infringes on citizen's constitutional rights. The NSA has to comb through millions of phone calls and would most likely be unsuccessful and ineffective in monitoring the amount anyway. The government should have the power to monitor these records if they are suspicious and find a threat to national security, but they do not have the power to do so with innocent citizens. In addition, the citizens of America were only informed of certain aspects of this program from Edward Snowden, a former member of the NSA, which made the government seem untrustworthy.
ReplyDeleteThe NSA, the National Security Agency, aims "to protect U.S. national security systems and to produce foreign signals intelligence information" (NSA website) and in recent years has been under much controversy. I think that it is important in this day and age that we do give up a few personal liberties for the safety of society as whole, but I believe that the government should not be allowed to collect phone records and search them without any warrant. The Fourth Amendment states that " right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" and that only with probable cause can people be searched. Yet with this ruling, our personal liberties are being infringed upon. If the government wants to search phone records, they should have to follow the legal process of attaining a warrant; if we allow the government to have this incredible power, we are submitting ourselves to tyranny.
ReplyDeleteGood quotes- please tell me which mssmitty you are.
DeleteThe majority of people's personal conversations are not a threat to national security. Those that are, the NSA looks into and takes the appropriate action. The data that the NSA collects may infringe on some privacy rights, but unless that data is sold or given to a third-party no harm comes from that. Although I don't support the fact that phone companies are forced to allow the government to search through records without a warrant, which I feel is a violation of the fourth amendment. If the government has appropriate reason to believe that a person is a threat to national security, they should have no problem acquiring a warrant for a search of their records.
ReplyDeleteThe majority of people's personal conversations are not a threat to national security. Those that are, the NSA looks into and takes the appropriate action. The data that the NSA collects may infringe on some privacy rights, but unless that data is sold or given to a third-party no harm comes from that. Although I don't support the fact that phone companies are forced to allow the government to search through records without a warrant, which I feel is a violation of the fourth amendment. If the government has appropriate reason to believe that a person is a threat to national security, they should have no problem acquiring a warrant for a search of their records.
ReplyDeleteThe NSA stands for the National Security Agency. It is set up to protect national information and data from foreign threats. This became a problem recently when Americans found out that the NSA has been collecting private data (most controversially, phone calls and text messages).
ReplyDeleteI am willing to give up some freedoms in order to ensure that the government has the data it needs to find potential threats to security and to ensure that I am kept safe. If there is evidence in the mass collection of phone records that a threat is present, and the early discovery was able to stop the threat from forming, then I believe that collection of records could be worthwhile. However, there should be limits set that guards at least some of the citizen's privacy.
Personally it doesn't bother me that the NSA collects information about me and my peers to make sure the United States is a safer place. I feel that if I don't have anything to hide, I shouldn't be worried who see's it. It makes me feel a lot safer as a citizen to know that the government is doing everything it can to make sure everyone in the US are loyal to their country. Since the NSA is using this information to keep the citizens safe, it's okay. It would also prevent some people in the US from doing dangerous things since the government will be watching them. I believe this is necessary and proper, so the government has the right to monitor calls, texts, emails, etc.
ReplyDeleteThe NSA is responsible for monitoring and processing data for intelligence purposes. For me personally, it doesn't really matter what the NSA is doing right now as it does not affect me personally or the majority of the good citizens of the United States. As long as they are not using the data to exploit innocent civilians, the Patriot Act is okay with me. If the N.S.A feels compelled to tap into phone lines to protect the U.S, then so be it. The one thing I wish is that the N.S.A would be a little more transparent in what they are doing, but I understand why they are not. Until the Patriot Act negatively affects the average and innocent citizen of the U.S, the Patriot Act is okay with me.
ReplyDeleteI'm all for the protection of the nation if that means giving up certain freedoms with permission. The NSA did not ask for permission, therefore it is wrong for them to collect information without our knowledge and to keep said information from the public.
ReplyDeleteThe National Security Agency (NSA) is a government agency that monitors and collects phone numbers, records,and measures the length of each call. Implied by Patriot Act, the NSA's powers to monitor is justified "The new law from Congress requires phone companies to keep all phone records and allows the government to search the records without any warrant". Although the NSA has used its powers for the right purposes (Boston Bombing), it has been exposed (Snowden leaks) that the NSA has unlimited jurisdiction: Big Brother is after us!!!!!!!!!!!!!!!!!!!!!!!!!!!
ReplyDeletePersonally I feel that the NSA is unjust to view any citizen's private messages or internet searches without their consent. I say this because we already have laws within the constitution that prevent government agents to search you without a warrant. This is why I feel that any sections of the constitution pertaining to privacy should apply to internet monitoring and the NSA must become clear about what methods they use to gain intelligence.
ReplyDeleteI also agree with Michael Hennelly. This is a violation of the rights of a United States Citizen. I feel that the NSA should have to go through a lengthy process in order to view a citizen's private messages or phone calls just like the police have to obtain a warrant before searching someone. It also important to note that allowing the NSA to take actions such as this sets a precedent where things can only get worse and worse.
DeleteI also agree with Michael Hennelly. This is a violation of the rights of a United States Citizen. I feel that the NSA should have to go through a lengthy process in order to view a citizen's private messages or phone calls just like the police have to obtain a warrant before searching someone. It also important to note that allowing the NSA to take actions such as this sets a precedent where things can only get worse and worse.
DeleteMichael's comment is accurate because the fifth amendment of the constitution guarantees that a warrant must be issued before a search happens. Unless it is an extremely dire circumstance, there is no reason why the NSA should have access to all of our phone records at all times. I recommend that a privacy amendment be added to the constitution be added as the internet has led to a huge loss of privacy amongst citizens.
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ReplyDeleteIt seems what the NSA is doing is extreme. The NSA is supposed to monitor and collect global data for foreign intelligence and counter intelligence purposes. However, it seems that all this monitoring is excessive, and would prove unnecessary. It seems more beneficial to seek out those who would like pose a threat rather than everyone in America. However on the issue of security, nothing is secure anymore, and so if people want to have something private well they better do it face to face, offline with no one around because everything is monitored now. Giving up freedom for more security sounds nice, but in reality I feel that it would not do too much in the end. There is no security because anything online can be traced and regotten to under most circumstances.
The NSA was formed to monitor foreign nations to provide intelligence in order to effectively combat terrorism and the like. However, this has instead resulted in them spying on Americans instead, collecting phone records, social media records, and general Internet usage. I might be willing to give up a little bit of freedom for more security, but the NSA have only invaded our lives and provided nothing in return. No terrorist plots have been discovered, no mass murders caught. Instead, all we're doing is paying taxpayer money so some feds can sit around and pass around nude photos of American citizens (100% true). It is not worthwhile at all: statistically, you're hundreds of thousands times more likely to flag a good citizen than an actual terrorist. It would be impossible to sift through the possibilities to find real ones.
ReplyDeleteSecurity should only be valued so far as it enables (secures) our fundamental freedoms. The idea of giving up certain freedoms is totalitarian and a device used to manipulate into compliance. If I have not communicated well and my idea is not understood, take the situation to the extreme. If one gives up all freedoms, and allows the government to lock them in a metal box, one finds themselves neither free nor secure. Sure they are secure from being killed by some animal, but this is not most's idea of "secure" (which is why the language is a good tool of manipulation). They instead find themselves fully deprived of life in another way, the inability to exercise it. You find that giving up freedoms does not result in security (the purpose of the Bill of Rights was to provide security from the government itself. The question to be asked, therefore, is not whether or not you should give up a freedom to be more secure, but whether or not what is going on helps secure you and your freedoms. In this case we find neither. Almost every major terrorist attack has been committed by people already under the governments watch. General Keith Alexader supports his deputy's claim that "there’s only really one example of a case where, but for the use of Section 215 bulk phone-records collection, terrorist activity was stopped.”. Here we find both our freedom and security being violated unnecessarily. Instead of collecting all of this data before the fact, it be limited to those with legitimate reasonable suspicion of terrorist activity.
ReplyDeletesource: http://www.newyorker.com/magazine/2015/01/26/whole-haystack
DeleteFYI- General Keith Alexander is the former chief of the NSA
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