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Privacy

Privacy. Bellringer. Should the government keep secrets from its citizens? Why or why not?. History. U.S. heritage of government privacy Espionage Act 1917:

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Privacy

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  1. Privacy

  2. Bellringer • Should the government keep secrets from its citizens? Why or why not?

  3. History • U.S. heritage of government privacy • Espionage Act • 1917: • intended to prohibit attempts to interfere with military operations, to support U.S. enemies during wartime, to promote insubordination in the military, or to interfere with military recruitment • 1950: • removed the "intent" to harm requirement & made "mere retention" of information a crime no matter what the intent, covering even former government officials writing their memoirs • 1961: • removed language that restricted the Act's application to territory "within the jurisdiction of the United States"

  4. History • U.S. heritage of government privacy • FDR • President’s paralysis kept from public knowledge • Coup attempts in Cuba • CIA attempts to remove Castro

  5. History • U.S. heritage of personal privacy • Declaration of Independence • Constitution • Court decisions • Skim the document in search of ideas that citizens have privacy protections from their government • Describe the themes of these privacy protections. • Give 2-3 examples of these privacy protections.

  6. 4th Amendment • Ratified in 1791 • "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.“ • Principal constitutional protection against government spying • Written in analog age, so government has few restraints today

  7. Analog age? • Police want to know whom are you meeting, what are you reading, & what are you writing in your diary? • Would need to search home or bug phone…meaning search warrant & probable cause • Digital age? • Since 1960s & 1970s, the Supreme Court issued rulings declaring that the government does not need a search warrant to obtain your personal documents if you have already shared them with somebody else • Sharing your purchases with your bank • Location with your cellphone provider

  8. Subpoena v. Warrant • Subpoena • Law enforcement issuing a legal document asking for information • No probable cause required • Warrant • Law enforcement must prove probable cause in order search

  9. Subpoena v. Warrant • Example: • Drug Enforcement Administration wondered if some of electric company customers might be making or growing drugs in their homes • DEA served a subpoena on the utility, ordering it to turn over detailed digital records on its customers' electricity use, bank and credit card accounts • Process of getting a subpoena, essentially "one agent turning to [his or her colleague] and saying, 'Would you please sign this administrative subpoena for me so I can get information?' "

  10. Responses to 9/11 • Increased government spending on surveillance to reduce threat of terrorism • Expanded to American soil to capture plots unfolding • Patriot Act • Bush administration found to use warrantless wiretapping • Bradley Manning • Army soldier convicted in July 2013 of Espionage • Known for release of classified government docs to WikiLeaks • Effort to uncover government wrongdoing

  11. National Security Agency • Most responsible for storing & coordination of intelligence • Budget • Black budget = $53 billion • Not subject to oversight

  12. National Security Agency • PRISM & Utah • $1.3 billion complex in Utah • Size • computer servers — enough to fill 4 warehouses covering 100,000 sq feet • Generators, power stations, water tanks – 1,000,000 sq feet • requires 65 megawatts of electricity & 1.5 million gallons of cooling water • Enough to power 65,000 homes • capacity of between 5 zettabytes(1.25 trillion DVDs) & 1 yottabyte ( 250 trillion DVDs)

  13. Police Department’s • New York's Muslims have been targeted for surveillance based on their faith • Spied in their places of worship, businesses, & homes • Nationally, police departments adopting license plate scanners & body cameras

  14. Google Street View • 2008 to 2010 its Street View cars collected data from millions of wireless networks as the cars photographed the world's streets

  15. iPhone fingerprints • New iTouch technology • User fingerprint stored on phone • Accessible to hackers

  16. Facebook • Share data with advertisers & government subpoenas • Source of much fusion center & PRISM data • Facial recognition

  17. Reaction • BitTorrent (company pushing file sharing technology) began billboard campaign

  18. Edward Snowden • Computer specialist & former NSA contractor who disclosed classified details of PRISM in May 2013 • Motive according to Snowden: • “to inform the public as to that which is done in their name and that which is done against them.” • Charged with espionage

  19. ACLU • American Civil Liberties Union • Organization that uses legal cases to press for citizens’ protection against the government

  20. International Outcry • Reports based on Snowden leaks revealed cellphone conversations of foreign leaders recorded • Brazil & Germany pressuring the United Nations to rein in the snooping activities of American spies • German Chancellor Angela Merkel says international trust in President Obama has been "shattered" by revelations about the depth of NSA spying - including claims that Merkel's own phone may have been tapped

  21. Closure • How much privacy should the government have from its citizens? • How much privacy should U.S. citizens have from the government and large corporations?

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