Paper Example on Government Electronic Surveillance

Introduction

The modern world has evolved over the years with technological advancements changing the way people live in societies around the globe. Most importantly, the growth of computers has sparked a new digital revolution where computer networks create a virtual space where data can be stored, analyzed, and retrieved (Young 11). Technology concerns about surveillance and security are within governments due to the looming risk of cybercrime. As a result, governments across the world have embarked on electronic surveillance aimed at reducing crime and terrorism. Government electronic surveillance also renowned as mass surveillance is the collection of bulk electronic data on swaths of the entire population. Electronic surveillance has raised a lot of ethical concerns partly due to the infringement of privacy. The purpose of the paper is to explore government electronic surveillance, its history, evolution and the types of surveillance.

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History of Electronic Surveillance

First Government Surveillance

Electronic surveillance in the US can be traced back in the 1900s when all international mails sent via the U.S Postal Service and international cables were monitored by the surveillance authority of the Bureau of Investigation that later changed its name to the Federal Bureau of Investigation (FBI). According to White, wiretapping started before the invention of the telephone. California passed a statute prohibiting wiretapping in 1862 when the Pacific Telegraph Company reached the West Coast (White). In the period leading to the 1920s, wiretapping was used by corporations and private detectives. During the prohibition era, wiretapping became an instrument of law enforcement. However, it was narrowly affirmed by the Supreme Court in 1928 leading to a fierce contention about the morality and legality of police wiretapping (White). On the other hand, after the end of World War I, the State Department and the US Army established the Black Chamber that conducted peacetime decryption of data including diplomatic communication from 1919 to 1929. For instance, the British cable ship named "Telconia" interfered with the German transatlantic cables in the North Sea to tap all Germanic communications to help the allied forces counter the German threat (Young 14). Furthermore, the Second World War led to the establishment of the Office of Censorship that monitored mail, radio, and cable communications of all transmissions that passed between the US and other foreign nations. Therefore, every letter that crossed the United States' territorial boundaries was scoured for details between 1941 and 1945. Likewise, after the war, Project SHAMROCK was established for collecting telegraph data leaving and entering the US. However, the project was terminated in 1975. Similarly, during the Cold War, political tension between the US and Soviet Union enhanced the use of wiretapping for national security as a necessary evil (White).

Evolution of Surveillance

Wiretapping was also viciously used by corporations during the 1920s that even ordinary citizens noticed the public surveillance system. As a result, surveillance specialists renowned as "private ear" for hire were common particularly in areas such as New York. Due to the rampant use of wiretapping, the Olmstead v. United States was the first electronic surveillance case to reach the US Supreme Court in 1928 (Young 14). As a result, the court ruled that the use of wiretapping by federal agents did not violate the Fourth Amendment. Following the Olmstead case, the US Congress passed the Federal Communications Act of 1934 to protect wire communication, which was an expansion of the Radio Act. However, the law was not clear and in 1967 the reasonable expectation of privacy replaced the Olmstead's trespass doctrine in the Katz v. the United States case (Young 15). The 1967 ruling held it that electronic eavesdropping and wiretapping were limited by the Fourth Amendment. On the other hand, the US government under the presidency of Harry S. Truman created the National Security Agency in 1952 to collect, monitor, and process electronic intelligence data. The Truman administration acknowledged the need for surveillance to curb domestic and international threats.

The greatest evolution of electronic surveillance occurred during the events of 9/11 when four coordinated terrorist attacks targeting both the Pentagon and New York occurred. September 11, 2001, terrorist attacks were the worst to be carried out on the US soil leading to a historical turning point of national security both within and outside the US borders. The President Bush administration faced widespread internal and citizen pressures with regard to the safety of the US and its citizens. After the events of 9/11, the US launched the Afghanistan invasion on 7th October 2011 that became the longest-standing protracted conflict in history (Harris 56). Nevertheless, the most important security measure was the enactment of the USA Patriot Act. The Patriot Act made changes to US laws regarding domestic and international electronic mass surveillance, diplomatic espionage, banking, and immigration among others. As a result, the act authorized mass surveillance on American citizens including the storage of personal data.

Types of Electronic Surveillance

Wiretap

Wiretapping is a form of electronic surveillance used by the government to monitor telephone and internet conversations. Wiretaps were used in the US before the telephone was invented. During the Civil War, the federal government used wiretaps to record and monitor communication from the Confederate Army. Wiretapping or eavesdropping evolved to become a widely used instrument by federal agents and even corporate. Currently, the NSA and other government agents use wiretapping to store phone communication to prevent future terrorist attacks on the US homeland. Furthermore, law enforcement uses wiretapping to trace phone communication of perceived criminals and gang members and is ideal to make America safe. According to national security, wiretapping is a necessary evil aimed at maintaining the safety of the American citizens. However, tapping the telephone and voice over the internet services have been ethically scrutinized for its infringement on privacy. In 2013, Edward Snowden, former NSA security analyst leaked information on how the US government used all types of electronic surveillance on its citizens (Bloch-Wehba). Snowden released classified documents on how the government had stored millions of communication files retrieved from mobile data. Therefore, wiretapping is a common practice in the government that has existed over a century.

Internet Surveillance

The use of the World Wide Web commonly referred to as the internet can be traced back to the 1960s where it was used by a small group of professionals such as scientists. The internet technology has evolved over the years and has turned the world into a global village due to increased connectivity. Internet surveillance has become increasingly popular in the recent past used by both the government and private sectors. Therefore, internet censorship and regulations have become a norm in most nations across the globe. Governments are constantly passing legislation that facilitates internet surveillance and cyberspace policing. The digital age has brought new security concerns due to the rising cases of cyber crimes and terrorism. Identity fraud is a major crime carried over the internet to steal another person's identity such as credit card fraud to carry out online transactions without the owner's authority. Furthermore, the rise of cyberterrorism where terror groups such as ISIS are using the internet for radicalization, training and communicating terror plots. These criminal terrorist organizations lure unsuspecting users through social media platforms and websites into joining them with the promises of monetary returns. As such, the government monitors personal data, browsing data, online and offline behavior to determine criminal minds and behavior as well as dig out terrorist cells in the country.

Internet surveillance by the government has created a dilemma between the need for security concerns of the state and the need to protect the citizens' privacy. One of the rising concerns about internet surveillance is because of privacy breach where users feel their security is threatened by the state. Therefore, there is a need for the government to harmonize the two issues by ensuring that the state protects the country from attacks while refraining from intrusion to privacy. On the other hand, marketing companies use cookies to retrieve online users' data to help in product development and marketing campaigns.

Video Surveillance

Closed-circuit television (CCTV) or video cameras have become a widespread feature in the American sphere of life. The security concerns of terrorism coupled with the availability of cheap cameras has accelerated the trend. Video surveillance has been used for securing government buildings, controlling traffic, and monitoring the public. Besides the government agencies, businesses and homes use CCTV as a security solution. The government, in particular, uses surveillance cameras in public areas to monitor the crowd in public events including events that feature foreign dignitaries. Therefore, every road, street, and avenue in American cities is linked to a surveillance system reliable to counter crime. Furthermore, law enforcement uses dashboard cameras mounted on police vehicles to keep a record on daily patrols. Apart from that, suspected criminals and terrorists are closely monitored using video surveillance to keep a detailed record of their movement. For example, during the 2013 Boston Marathon bombing, the police used video surveillance to trace the attackers who were identified as Dzhokhar and Tamerlan Tsarnaev (Bloch-Wehba). A majority of US citizens support video surveillance if it keeps their security intact.

Another aspect of video surveillance is drone surveillance that is used by the US government to carry out intelligence on foreign soil like conducting raids on terrorists within their backyard. Drones have become a necessary component of the US Army because they can be placed in areas where army personnel cannot reach to maintain their safety. The unmanned aerial vehicles have high-resolution cameras that transmit data in real time and have proven effective in the war on terror (Harris 86). However, drone surveillance has provoked massive debates due to the reported cases of civilian death during a drone attack. Nevertheless, the most important aspect of video surveillance is that the CCTV system can collect all forms of crime within the public sphere and law enforcers can be dispatched immediately to the crime scene and even apprehend the criminals. It has proven an effective tool in government electronic surveillance.

Government Surveillance and the Constitution

Government laws

The US federal government has enacted various surveillance laws. Following the 9/11 attacks, Congress passed the Patriot Act which was later improved through the US Freedom Act of 2015. The Freedom Act was enacted by Congress to modify certain provisions of the Patriot Act. The act sets a limit on the bulk collection of telecommunication data by US intelligent agencies on the nation's citizens. The Freedom Act bill was introduced into the US Congress after Snowden leaked classified NSA data in 2013. In the past, the US government passed the Federal Communication Act of 1934 that illegalized the use of wiretaps. In 1978, Congress passed the Foreign Intelligence Security Act (FISA) which stipulated the procedure for judicial review, authorization or denial of using wiretaps and other forms of surveillance (Bloch-Wehba). However, following the inefficiencies of FISA...