National Surveillance Agency: Is it Constitutional?

US National Security- Where Do We Draw the Line?

To most Americans, safety is extremely important. After 9/11, the demand for strong national security rose significantly. This led to the passing of the Patriot Act, which allowed the National Security Agency (NSA) to take more safety precautions in order to protect the American people. At first, many citizens agreed that the heightened surveillance was justified and necessary. But as time progressed, it was discovered that the NSA had been illegally wiretapping and gaining access to virtually any call, text, or email that had been sent in the United States. This made many Americans upset, as they felt that their 1st Amendment rights and their 4th Amendment rights were being violated. Though as more Americans became fed up with this breach of privacy, organizations such as the Electronic Frontier Foundation formed in order to take a stand against government surveillance.

Conversely, others believe that the NSA should continue to wiretap and maintain access to all phone calls, emails, and texts in the US with the argument: “if one has not done anything wrong, they should have nothing to worry about.” With both opinions in mind, we believe that the NSA should be prohibited from obtaining unlimited surveillance because infringing on people’s privacy rights is unconstitutional, fails to stop a significant number of terrorist attacks, and leads to overbearing governmental power. Overall, the topic of the NSA’s surveillance is one that affects all Americans with access to technology, so it is important to know that Americans' privacy will continue to be breached if the NSA continues its programs.

One reason that justifies an end to unlimited surveillance is that the unlawful way in which the NSA runs its programs. The Patriot Act, for instance, was designed to obstruct terrorist attacks by permitting the government to request records relevant to authorized national security investigations, but does not allow for the NSA to collect bulks of information derived from people’s technological devices. The NSA has blatantly broken this law by collecting massive amounts of data from people’s communications. An NSA presentation from 2011 reveals that the wiretapping program “collected an average of 194 million text messages a day in April of that year”, many of which were taken from innocent Americans “under no suspicion of illegal activity” (WC #7). As stated by Edward Snowden: “not all spying is bad.” However, “the biggest problem we face right now is the new technique of indiscriminate mass surveillance, where governments are seizing billions and billions of innocents' communication every single day” (WC #5). Furthermore, the actions of the NSA obviously violate the 1st and 4th Amendments. The 1st Amendment states that the government does not have the right to make any laws “abridging the freedom of speech” which is something that wiretapping does. The government’s ability to have knowledge on people’s private technological information prevents citizens from exercising their freedom of speech and expression. In addition, NSA surveillance of innocent people also violates the 4th Amendment which states that people have the right to be secure against “unreasonable searches and seizures” and that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (WC #6). In the case of NSA surveillance, innocent people are searched without warrants, let alone notices. While some people support the efforts of the NSA for the sake of protection from terrorism, the majority agrees their actions are unconstitutional. The Constitution, also known as the “supreme law of the land,” intends to ensure citizens’ safety and establish order; but it cannot do so if organizations like the NSA continue to find loopholes that breach citizens’ privacy.

Snowden video viewpoint on NSA:

https://www.youtube.com/watch?v=1-dfwHCjM3k

Besides their unconstitutional programs, the NSA’s efforts have also failed to stop a significant amount of terrorist attacks. Since the 9/11 calamity, the NSA claimed to have derailed 54 terrorist plots. However, this claim was later found to be grossly exaggerated. A report published by the “Privacy and Civil Liberties Oversight Board” credits the NSA’s mass telephone record collection with thwarting just one potential terrorist supporter, Basaaly Moalin. This was the only case throughout seven years of NSA mass surveillance in which the program actually helped to tip off authorities. Even then, the FBI claims that they could have found Moalin without the help of the NSA. Journalist Sarah Parvini claims the NSA’s programs have “contributed minimal value in combating terrorism beyond what the government already achieves through alternative means” (WC #8). While there has been a significant decrease in terrorist attacks in the US since 9/11, many attribute this drop to measures such as spying on terrorists, baggage screening at airports, and better overall awareness, not the mass surveillance of innocent citizens. All in all, the wiretapping program has proved ineffective in thwarting terrorism, giving us yet another reason to end mass surveillance of American citizens.

Unlimited surveillance by the NSA also places an alarming amount power in the hands of the government, bringing us closer to the dangers of a totalitarian state. In history, the negative effects of an overpowering government have been displayed in eras such as Tsarism in Old Russia, and the major reason why the US government has elections, checks and balances, and the Constitution is to prevent a similar concentration of power in the federal government. By allowing the NSA to collect so much of our personal data, we are only giving them more control over us because they have the ability to use that data against us. People need to realize that this major flaw could potentially have major consequences and that a bigger government with such a massive surveillance program is a step in the wrong direction.

The NSA’s ability to collect citizens’ information has seemingly empowered this agency. Many Americans can agree that some surveillance is needed in order to protect the country, but monitoring every call, text, and email is a violation of people’s basic civil liberties. The video below reveals people’s concerns for the NSA. One person even mentions “George Orwell come to life” which compares today’s government to the all-knowing totalitarian government known as "Big Brother" in the novel 1984.

VIDEO: www.nbcnews.com/video/nightly-news/52138182#52138182

The US government has been holding American citizens hostage for years, collecting personal and private information off of cell phones. Excuses have been made and loopholes and justifications are created daily. An example of the blatant abuse of power was seen in the summer of 2015, when the Senate passed the USA Freedom Act, switching the NSA to a “new system," while allowing them to legally collect data for six months (WC #7). This legislation was the government’s way to make an excuse for six months of legal data collection, while not explicitly stating what will happen with the “new system”. The government cannot continue to make excuses for its own mistakes, for if this does not stop, it will only escalate to more control. The citizens of the United States must do something to end the surveillance or face the consequences of no longer living in the land of the free.

Works Cited

(5): Edward Moyer January 23, 2014 3:17 PM PST. "Snowden: 'Not All Spying Bad' but NSA Program

'divorced from Reason'." CNET. N.p., 23 Jan. 2014. Web. 08 Jan. 2017. <https://www.cnet.com/news/snowden-not-all-spying-bad-but-nsa-program-divorced-from-reason/>.

(6): "Fourth Amendment." LII / Legal Information Institute. N.p., n.d. Web. 08 Jan. 2017.

<https://www.law.cornell.edu/constitution/fourth_amendment>.

(7): MacAskill, Ewen, Gabriel Dance, Feilding Cage, Greg Chen, and Nadja Popovich. "NSA Files Decoded:

Edward Snowden's Surveillance Revelations Explained." The Guardian. Guardian News and Media, 01 Nov. 2013. Web. 08 Jan. 2017. <https://www.theguardian.com/world/interactive/2013/nov/01/snowden-nsa-files-surveillance-revelations-decoded#section/1>.

(8): Parvini, Sarah. "NSA Spying Isn't Just an Illegal Invasion of Privacy-It Doesn't Stop Terror Attacks."

TakePart. Opposing Viewpoints, n.d. Web. 08 Jan. 2017.

<http://www.takepart.com/article/2014/01/27/nsa-phone-data-collection-program-illegal-watchdog-agen

cy-says>.