Tuesday, September 20, 2016

Big Brother: Constraining Civil Liberties to Ensure National Security

In the aftermath of the September 11th terror attacks, the American government enabled itself with broad, discretionary powers to identify, investigate, prevent and combat global terrorism. Unfortunately, accountability became distracted by accusation. Fear eviscerated measured logic and response. Security trumped liberty. Historical analysis of this reflexive reaction in the aftermath of the attacks (made possible only by whistleblower) reveled an amazing lack of oversight producing seemingly unchecked overreach.
The primary authority and jurisdiction of the government stemmed from the Patriot Act (50 USC 1861), especially Section 215 and its targeting of “business records”. The resulting ostensibly boundless cornucopia of data upon which the intelligence community, particularly the National Security Agency (NSA), could dine indefinitely was to be scoured in an attempt to “discover an individual’s network of associations and communication patterns” (Greenwald, 2013). Trend analysis of this metadata promised to reveal “whom a terrorist had been in contact with, when they have been in contact with these individuals, how often, and where they and their contacts are located” (Stair & Reynolds, 2014).
What alluded the American public, and remained hidden until Edward Snowden leaked the Foreign Intelligence Surveillance (FISA) Court warrant, was the vast scope of information to being collected without contest on U.S. citizens. As specified in the FISA warrant, Verizon was to provide:

“"telephony metadata"…(i) between the United States and abroad; or (ii) wholly within the United States, including local telephone calls…metadata includes comprehensive communications routing information, including but not limited to session identifying information (e.g., originating and terminating telephone number, International Mobile Subscriber Identity (IMSI) number, International Mobile station Equipment Identity (IMEI) number, etc.), trunk identifier, telephone calling card numbers, and time and duration of call” (Spiering, 2013).

Personally Identifiable Information (i.e. subscriber names, addresses, and message content) remained outside the scope of the warrant. In November 2015, the NSA lost such indiscriminate powers with the expiration of the Patriot Act. However, the USA Freedom Act (50 USC 1801) quickly reestablished the government’s capabilities with increased external oversight of government surveillance programs and limited the acquisition of telephone metrics (Note: Internet and social media still remain open sources for data mining).
Yet the quagmire remains - should the NSA continue to collect or, as written under current law, force business to preserve metadata? Oppositional voices espouse that such intelligence initiatives are not supported by a cost-benefits analysis which is to say that the costs associated with such programs do not produce or support the effort and supposed results. This claim, specifically regarding the collection of bulk telephone data, has been bolstered by independent review. Furthermore, Americans remain fearful of a loss of privacy as well as the potential for misuse of collected data.
Conversely, intelligence programs, such as Prism and Bullrun, resolutely demonstrate a posture of increased threat awareness while enabling a sufficiently increased response apparatus. Trend-analysis, if not prior to an incident but certainly after-the-fact, fosters that response as well. Without preservation of data, intelligence gathering efforts would not be able to support ongoing investigative endeavors. Mass surveillance, or metadata collection, is an everyday aspect of the technologically-connected society. Think with Google resulted from such collections. Advertising via social media feeds is a result of such collections. No one cares about Google or Twitter but when the Government does it we suddenly become convinced that Orwell was Nostradamus. In a post-9/11 environment, the fact remains that surveillance is a necessary evil.

Reference List

Greenwald, G. (2013). NSA Collecting Phone Records of Millions of Verizon Customers Daily. Retrieved from The Guardian.
Spiering, C. (2013). Full Text: The FISA Court Order Forcing Verizon to Hand over Data. Retrieved from Washington Examiner: http://www.washingtonexaminer.com/full-text-the-fisa-court-order-forcing-verizon-to-hand-over-data/article/2531272
Stair, R. M., & Reynolds, G. W. (2014). Fundamentals of Information Systems (8th ed.). Boston: Cengage Learning.

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