Covert Government Surveillance

Covert Government Surveillance

Topics

Constitution Covert Government Surveillance

throughout history. Laws and cases. Ethical points of view

4th Ammendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable

searches and seizures, shall not be violated, and 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.

What is wiretapping?

Wiretapping refers to the interception of a telephone conversation.

Legal Cases Wiretapping has been taking place since the

1890’s Made a felony in the state of New York in 1892 New York City ignored it until 1920.

Olmstead vs. United States 1934 Congress Made Wiretapping illegal

Federal Communications Act Nardone vs. United States Weiss vs. United States FBI ‘said’ they’d stop wiretapping.

FBI Continues Wiretapping After WWII, FBI director J. Edgar Hoover

pushed to remove the ban on wiretapping.

We can’t intercept and reveal. President Roosovelt agreed to allow

wiretapping. FBI have two sets of files:

Admissible in Court evidence Non-Admissible in Court evidence (Wiretaps)

Operation Shamrock

WWII – Government censored all messages leaving the country

Signal Security Agency Requested RCA, Western Union and ITT

telegraph to make copies of all foreign government telegraphs

Break Federal law for National Security

National Security Agency Formed in 1952 Inherited Operation Shamrock 1960 - Made a huge leap when

communications became electronic. Communications now sent directly to NSA

Easy Filtering “watch list”

After much Congressional and press scrutiny, Shamrock was stopped in 1975

Government Uses of Wiretapping Robert Kennedy (1960’s)

Focused on Organized Crime▪ Big multi-agency meeting

FBI asked to “watch list” businesses that dealt with Cuba.

Johnson and Nixon Hypothesized foreign governments were

controlling anti war protests. War on Drugs

Internet Monitoring Carnivore Surveillance System

Developed by FBI in 1990’s Monitored Internet traffic including emails and HTTP

traffic. Simply a packet sniffer that copied and forwarded

packets to another IP

EarthLink FBI demanded Earthlink participate in Carnivore

without a warrant. Earthlink filed legal challenge this request under

Electronic Communications privacy act. U.S District court ruled against Earthlink

Ethical Theories Act Utilitarianism

Hard to say Rule Utilitarianism

Its all good. Social Contract Theory

The Constitution has been accepted. Therefore it is a violation of the government.

Kantianism Nope. You don’t listen to my conversations and I

wont listen to yours.