Chapter 10 Privacy and the Police State

Governmental Intrusion into Individual Privacy Affects written and oral communications Data-GPS coordinates Fourth Amendment search occurs when the government violates a subjective expectation of privacy that society regards as reasonable. PgP BUSA331 Chapter 102

Factors to Consider in Search Evidence may be destroyed Public is in danger Police in ‘hot pursuit’ Probable cause Investigatory stop Incident to an arrest Government must describe the place and materials PgP BUSA331 Chapter 103

Probable Cause Fourth Amendment-search and seizure What does society deem reasonable? Government needs judge signed warrant Subpoena is from a prosecutor PgP BUSA331 Chapter 104

The Statutory Framework Omnibus Crime Control and Safe Streets Act of 1968 Authorizes federal government to conduct court-ordered real-time electronic surveillance of wire, oral or electronic communications when investigating serious, enumerated crimes. Electronic Communications Privacy Act Prevents unauthorized government access to private electronic communications Consent required by one party, no disclosure Modified by Patriot Act PgP BUSA331 Chapter 105

Foreign Intelligence Surveillance Act Originally designed to end government spy agency abuse and create oversight (1978, Watergate era) Allows POTUS to approve warrantless searches ,789 orders signed, none denied! FISC hears only one side-government’s, findings not public, few appeals, none to SCOTUS FISC is a ‘parallel Supreme Court’ Proper legislative oversight difficult, if unlikely ‘Secrecy’ is repugnant in a free and open society-jfk PgP BUSA331 Chapter 106

FISA 2007 Amendments Phone carriers such as AT&T immunized from civil liability for cooperating with the NSA Legalized the Terrorist Surveillance Program PgP BUSA331 Chapter 107

FISA 2008 Amendments FISC can require Internet firms to provide the government access to American citizen’s international communications without a warrant. PgP BUSA331 Chapter 108

FISA 2012 Amendments FISA extended to 12/31/2017 by President Obama PgP BUSA331 Chapter 109

USA Patriot Act The start of the United State’s massive domestic spying program begun after 9/11/ page bill enacted into law in 5 weeks A time of intense public fear Echoes of Executive Order 9066, internment of 110,000 U.S. citizens of Japanese ancestry PgP BUSA331 Chapter 1010

Patriot Act Effects 210-subpoena credit card and bank numbers from ISPs 212-allows ISPs to voluntarily disclose records and contents of electronic transmissions if “danger of death or serious physical injury” 213-sneak and peek search warrant 214-simplifies FBI monitoring of citizen communications (pen registers, trap and trace) 215-lessened standard for federal government interception of electronic messages. PgP BUSA331 Chapter 1011

Patriot Act Effects, National Security Letters, which have been held unconstitutional 216-lowered bar for obtaining Internet routing information 217-permits service providers to ‘invite’ law enforcement to assist in tracking and intercepting a computer trespasser’s communications 218-significant (not primary) purpose of surveillance be for gathering foreign intelligence PgP BUSA331 Chapter 1012

Executive Order Delegates to the Attorney General the power to approve the use of any technique for intelligence purposes within the United States or against a U.S. citizen abroad. PgP BUSA331 Chapter 1013

CALEA-1994 Communications Assistance for Law Enforcement Act FBI wants back doors to ISPs, phonecos, Facebook and Google and other new technologies Downside, once a backdoor exists, hackers can find and use PgP BUSA331 Chapter 1014

CISPA Cyber Intelligence Sharing and Protection Act Section 2511 Letters Would create a database of information to search for violations of laws Supersede any state or federal law Government would not prosecute communication providers for wiretap if info was shared with government. PgP BUSA331 Chapter 1015

Homeland Security Act Prohibits online advertising of illegal surveillance devices Allows law enforcement to do pen register or trap and trace without court order in cases of national security PgP BUSA331 Chapter 1016

21 st Century DOJ Appropriation Law enforcement agents are not required to be present during the execution of a search warrant. PgP BUSA331 Chapter 1017

Federal Espionage Tools Carnivore Hacking CIPAV Social Media Real-Time Monitoring DSCNet-Digital Collection Systems Network DMAC-Domestic Communications Assistance Center Fusion Centers Xkeyscore Total Information Awareness PRISM BLARNEY PgP BUSA331 Chapter 1018

NSA Supposed to eavesdrop on foreign communications But they have been spying on US citizens Is a military agency Collected metadata on phone calls PgP BUSA331 Chapter 1019

U.S. Citizen’s Right to Privacy In light of terrorism on U.S. soil does turning this country into a police state do anything to enhance our security? Does privacy matter to the preservation and functioning of a democracy? PgP BUSA331 Chapter 1020