Question.2907 - Reading 5 Recently in the news, a whistle-blower/leaker from the National Security Agency (NSA) has released classified information regarding an anti-terrorism program within the NSA. Below are links to articles to read for homework 5 and to get started on the Research Paper. http://news.cnet.com/8301-13578_3-57589495-38/nsa-spying-flap-extends-to-contents-of-u.s-phone- calls/ http://www.guardian.co.uk/world/2013/jun/06/us-tech-giants-nsa-data http://www.fjc.gov/history/home.nsf/page/courts_special_fisc.html Homework 5 Recently in the news, a whistle-blower/leaker from the National Security Agency (NSA) has released classified information regarding an anti-terrorism program within the NSA. 1. What actual classified information (secrets) were made public? 2. What is the purpose of the FISA court? 3. Since its inception, what is the court’s record of denying government requests for warrants? Also provide a web link to the data. Research Paper Recently in the news, a whistle-blower/leaker from the National Security Agency (NSA) has released classified information regarding an anti-terrorism program within the NSA. Write a research paper to answer the following questions. -Do you believe it was ethical for the whistle-blower to release the information that he did? -Explain the ethical dilemma facing the whistle-blower/leaker -Does the public have a right to the leaked information? -Do you feel that there are sufficient safe guards in place for the NSA program as described? -Is this the beginning of a '1984 Big Brother' society or are critics of the NSA program over-reacting? Use the articles in Reading Assignment 5 as your starting point. Research Paper criteria: Each report will have 5 sections: the title, introduction, body, conclusions, and references. The body of your report should be 1200-1800 words in length. Your report must incorporate external evidence. External evidence is typically in the form of cited quotations and hyperlinks sources or articles. All external evidence and sources should be listed in references. The report must be your own work. Submit your report as pdf or doc or docx file.
Answer Below:
Answer to question number one: The main part of the classified information of National Security Agency (NSA) that were made public, provides details about the manner in which the Agency had accessed the domestic phone calls and online communication like emails of individuals, without requisite sanction of the law. The Agency had accessed the private communication without proper and required court sanctions and approvals. In a case that highlights the problem of laws that provide secrecy to agencies involved in protection of public, it shows the manner in which the agency overshot its mandate and even allowed an ordinary analyst in the agency to tap the phones and online communication of the individuals under surveillance. The Agency had carried out unauthorized access of data related to telephone and online communication of people under suspicion, without the requisite court-approved mandate. It has been disclosed that the Agency had gone beyond its normal procedures while allowing even analysts in the agencies the right to tap into phone and email communications of individuals. This has serious threat to the right of privacy of ordinary citizens as even domestic communication may have been under unauthorized surveillance. This classified information was made public. Answer to question number two: The Foreign Intelligence Surveillance Act, (FISA Act) established the Foreign Intelligence Surveillance Court (FISA Court), which mandated the court to monitor and grant permission to security agencies that are undertaking operations to gather intelligence inputs. Agencies are required to obtain warrant before undertaking any intelligence operations like phone-tapping of suspected foreign individuals from FISA court. The power of the FISA court extends into providing warrants to monitor the activities of individuals who may be suspected of carrying out illegal activities from foreign soil or in America. It was a part of anti-terrorism policy to contain terrorist activities against America. The FISA court provided agencies involved in national security the permission to monitor the activities of foreign nationals within America and also sanction information gathering operations against American nationals who might be suspected of being involved in anti-American crimes. The main idea of setting up FISA was to have a formal system which legitimized intelligence operations like criminal investigations are sanctioned through courts. It also ensured that any form unauthorized operations which might infringe of the privacy rights of individuals could be stopped through misuse of power. “The FISC has jurisdiction to hear applications for and grant orders approving electronic surveillance and physical searches for the purpose of obtaining foreign intelligence information on foreign nationals within the United States.” (EPIC.org.) Answer to question number three: The Foreign Intelligence Surveillance Act, (FISA Act) had led to the establishment of Foreign Intelligence Surveillance Court (FISA Court) which has been providing warrants to government agencies looking to put up surveillance on foreign nationals who are suspected of carrying out illegal and anti-American activities. From 1979-2012, FISA courts have received 33,949 applications for warrant for surveillance and only on 11 occasions has the court denied permission. The court has granted permission to security agencies in the remaining 33,942 cases. It is seen that the courts have denied permission in less 0.03% of applications. This suggests the court has been providing permission to agencies almost with certainty. A less than 0.03% rate of denial suggests strong bias by the court to grant permission to agencies to put up surveillance against suspected individuals. (Data accessed from http://epic.org/privacy/wiretap/stats/fisa_stats.html) References EPIC.org. (n.d.). Foreign Intelligence Surveillance Court (FISC). Retrieved from http://epic.org/privacy/terrorism/fisa/fisc.html EPIC.org. (n.d.). Foreign Intelligence Surveillance Act Court Orders. Retrieved from http://epic.org/privacy/wiretap/stats/fisa_stats.html FJC.gov. (n.d.). Foreign Intelligence Surveillance Court. Retrieved from http://www.fjc.gov/history/home.nsf/page/courts_special_fisc.html Greenwald, G., & MacAskill, E. (2013). NSA Prism program taps in to user data of Apple, Google and others. Retrieved from http://www.guardian.co.uk/world/2013/jun/06/us-tech-giants- nsa-data McCullagh, D. (2013). NSA spying flap extends to contents of U.S. phone calls. Retrieved from http://news.cnet.com/8301-13578_3-57589495-38/nsa-spying-flap-extends-to-contents-of-u.s- phone-calls/More Articles From Risk Management
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