Professional Documents
Culture Documents
Exports PICs
Questions:
-
PICing out of a specific country not sure what the net benefit would be? Dangerous tech
would be checked by the econ compet. Exemption or the sunset review
Cards talking about what country to not export to = a long list
1NC
Weapons of mass destruction programs rely upon a combination of items and technologies that have weapon-specific uses and those that also have legitimate
civilian applications, so-called dual-use items . For example, triggered spark gaps can be used both as triggering devices to
detonate nuclear weapons and as part of medical lithotripters used to break up kidney stones . Legitimate trade in
dual-use goods can be quite profitable, making it potentially costly for governments to restrict such trade. Governments therefore tend to impose fewer restrictions on the trade of many dual-use
items than they impose on items like munitions and some chemical weapons precursors, which have dedicated security applications.2
In a trend deeply troubling to policymakers and experts in global trade and security, recent selfdisclosures and IAEA investigations reveal how some states acquired dual-use material and
technology through legal trade, only to use these items illicitly in the production and dissemination
of WMD. The cases of Iraq in the 1990s, Libya, Iran, North Korea, and Pakistan reflect this pattern (Jones 2006). In each case, dense webs of
state and nonstate actors, operating on both sides of the law, deceived businesses into contributing
technology to WMD programs. The programs depended heavily on imported items that were largely
acquired using legitimate commercial channels as cover (Cupitt, Grillot, and Murayama 2001). Yet, in all these cases, the failure of
supplier states to control dual-use material proved to be the critical link to illicit proliferation . The
importance of dual-use technology is further demonstrated in several recent empirical studies by Kroenig (2009b)
and Fuhrmann (2009b), which show that the supply of technology has been a critical determinant of nuclear proliferation .
Given the importance of trade in dual-use technology, this study shifts the emphasis from the small number of states that directly engage
in proliferation to the larger set of states that are the sources of the necessary dual-use goods and technology.
Numerous studies of nuclear proliferation focus on the demand for weapons (Sagan 1996/1997; Singh and Way 2004; Hymans
2006; Jo and Gartzke 2007; Solingen 2007), but very few address the supply of critical technology (Gartzke and Kroenig 2009). Only recently have
scholars begun to conduct systematic studies of the supply-side of nuclear proliferation, by
explaining the causes of trade in dual-use items (Fuhrmann 2008), transfers of sensitive nuclear technology (Kroenig 2009a), and civilian nuclear
cooperation agreements (Fuhrmann 2009a).
administration recommended that India be invited to join the Nuclear Suppliers Group (NSG).
will need to significantly strengthen its nonproliferation credentials . In May
2009, a senior U.S. State Department official noted during a discussion with NSG members that India needed to strengthen its export
controls and nonproliferation measures ahead of becoming a member of the NSG, and that the United States would be
hard on India if it did not. If the United States fails to create safeguards against the transfer of dual-use goods
imported by civil, space, and defense entities to Indias nuclear weapons program, this policy risks
facilitating Indias expansion and improvement of its nuclear weapons arsenal and the means to
deliver them. That will inevitably provoke Pakistan into further expanding its own nuclear weapons
program, intensifying the ongoing and dangerous nuclear arms race in the South Asia region. This
Before it is invited to join the NSG, India
announcement unfortunately marks a further reversal of a decades-long policy toward India which prevented sensitive equipment sales to a country with nuclear
weapons outside the Nuclear Non-Proliferation Treaty (NPT). It sets a poor precedent for NPT non-nuclear weapon states and those with nuclear weapons outside the
NPT, while undermining the central bargain of the NPT. This
A nuclear war between India and Pakistan would set off a global famine that could kill two billion
people and effectively end human civilization, a study said Tuesday. Even if limited in scope, a conflict with
nuclear weapons would wreak havoc in the atmosphere and devastate crop yields , with the effects
multiplied as global food markets went into turmoil, the report said. The Nobel Peace Prize-winning International
Physicians for the Prevention of Nuclear War and Physicians for Social Responsibility released an initial
peer-reviewed study in April 2012 that predicted a nuclear famine could kill more than a billion people . In a
second edition, the groups said they widely underestimated the impact in China and calculated that the world's most populous country would face
severe food insecurity. "A billion
Prolif
Relaxed dual-use export control regimes increases the risk of proliferation
Pakistan proves
Rizwana Abbasi 12 (PhD in International Security and Nuclear Non-proliferation from the University of Leicester, Studies in the History
of Religious and Political Pluralism, Volume 7 : Pakistan and the New Nuclear Taboo : Regional Deterrence and the International Arms Control
Regime, Published by Peter Lang, May 2012
Export control regimes are under challenge because of globalization , one consequence of which has been the
easy exchange and transfer of knowledge and the flow of dual-use technologies. Rapid technological
advance bringing a decrease in the value of old technology and an increase in the supply of discarded technology increases the risk of the
proliferation of nuclear-related material and technologies. There is a spread of destabilizing
technologies that could fall into wrong hands. In the past, there were few states selling dual-use technology but in todays world a
large number of states and firms are supplying high tech dual-use machinery. Such technologies increase
the threat of proliferation. The majority of Asian states also do not have legislation on the re-export of products and material nor any effective transshipment controls. 29 Problems traced to Pakistan are just one aspect of these developments. This part of the
study diagnoses the main loopholes in the existing multilateral export control regime. The behaviour of
states such as Pakistan directly links with the global developments.
Prolif and development of nuclear weapons are the single greatest threat to the
world allows terrorists to access the weapons
Bob Graham and Jim Talent 08 (a former U.S. senator from Florida, is chairman of the congressionally established Commission on
the Prevention of WMD Proliferation and Terrorism and former U.S. senator from Missouri, is vice chairman of the WMD Commission and
Distinguished Fellow at the Heritage Foundation, Nuclear proliferation endangers world stability, September 15,
http://www.heritage.org/research/commentary/2008/09/nuclear-proliferation-endangers-world-stability
During the first presidential debate in 2004, President Bush and Sen. John Kerry agreed -- as stated by the president -- that " the
National Intelligence Admiral Michael McConnell said in his Sept. 10, 2007, testimony to the Senate Homeland Security and Governmental Affairs Committee, " al
Qaeda will continue to try to acquire and employ chemical, biological, radiological, or nuclear
material in attacks and would not hesitate to use them if it develops what it deems is sufficient
capability." The potential human toll of an attack utilizing weapons of mass destruction is appalling. On a normal workday, half a million people crowd the area
within a half-mile radius of Times Square. A noon detonation of a nuclear device in Midtown Manhattan would kill them all. Another attack -particularly with WMD -- would have a devastating impact on the American and the world
economies. As former U.N. Secretary General Kofi Annan warned, a nuclear terrorist attack would push "tens of millions of
people into dire poverty," creating "a second death toll throughout the developing world." The environment for the
use of nuclear and biological weapons has changed. Although Russia is doing a better job of securing its stockpiles and therefore is less of a threat, North Korea and
Iran have taken its place. North Korea has gone from two bombs worth of plutonium to an estimated ten. Iran has gone from zero centrifuges spinning to more than
3,000. In
what some have termed a "nuclear renaissance," many nations are now seeking commercial
nuclear power capacity that will add to the inventory of nations and scientists who could extend their
interest to nuclear weapons. With the nuclear surprises we've experienced in Iran, Syria and North Korea, it is clear that current
nonproliferation regimes and mechanisms can no longer be certain to prevent more nuclear proliferation
or the theft of bomb-usable materials. Biologists are creating synthetic DNA chains of diseases which have been considered extinct, such as the
1918 influenza virus that killed over 40 million people. The potential of using these laboratory-developed strains against an unaware and noninoculated population is
ominous. There is the necessity of engaging the American people. Unlike the Cold War, which was a superpower vs. superpower confrontation, the current asymmetric
threat that would be dramatically escalated if the terrorists had access to nuclear or biological weapons. The incorrect claims regarding Saddam Hussein's WMD and
Nuclear Terrorism
Risk of nuclear terrorism high in Pakistan denial of dual-use tech is key to deter
the threat
Rizwana Abbasi 12 (PhD in International Security and Nuclear Non-proliferation from the University of Leicester, Studies in the History
of Religious and Political Pluralism, Volume 7 : Pakistan and the New Nuclear Taboo : Regional Deterrence and the International Arms Control
Regime, Published by Peter Lang, May 2012)
Pakistan is fully alive to the threat of nuclear terrorism. Consistent with its national security interest, Pakistan has put in
place legislative and regulatory frameworks and an organizational infrastructure to deal with the threat. International efforts against nuclear
terrorism should be backed by an international consensus and based on a non-discriminatory approach. No
A terrorist nuclear attack, and even the use of nuclear weapons in response by the country attacked in the
first place, would not necessarily represent the worst of the nuclear worlds imaginable. Indeed, there are
reasons to wonder whether nuclear terrorism should ever be regarded as belonging in the category of truly
existential threats. A contrast can be drawn here with the global catastrophe that would come from a massive nuclear exchange between two or more of the sovereign states that
possess these weapons in significant numbers. Even the worst terrorism that the twenty-first century might bring would fade into insignificance alongside considerations of what a general nuclear
problem. It may require a considerable amount of imagination to depict an especially plausible situation where an act of nuclear terrorism could lead to such a massive inter-state nuclear war. For
in the event of a terrorist nuclear attack on the United States, it might well be wondered just how
Russia and/or China could plausibly be brought into the picture , not least because they seem unlikely to be fingered as the most obvious state
example,
sponsors or encouragers of terrorist groups. They would seem far too responsible to be involved in supporting that sort of terrorist behavior that could just as easily threaten them as well. Some
possibilities, however remote, do suggest themselves. For example, how might the United States react if it was thought or discovered that the fissile material used in the act of nuclear terrorism
had come from Russian stocks,40 and if for some reason Moscow denied any responsibility for nuclear laxity? The correct attribution of that nuclear material to a particular country might not be
short list consisting of North Korea, perhaps Iran if its program continues, and possibly Pakistan. But at what stage would Russia and China be definitely ruled out in this high stakes game of
between these major powers, would officials and political leaders not be tempted to assume the worst? Of course, the chances of this
occurring would only seem to increase if the United States was already involved in some sort of limited armed conflict with Russia and/or China, or if they were confronting each other from a
2NC
2NC Solvency
CP solves the entire aff but the President should maintain current requirements on
countries with an international terrorism threat
Rizwana Abbasi 12 (PhD in International Security and Nuclear Non-proliferation from the University of Leicester, Studies in the History
of Religious and Political Pluralism, Volume 7 : Pakistan and the New Nuclear Taboo : Regional Deterrence and the International Arms Control
Regime, Published by Peter Lang, May 2012)
In exercising his authority to export controls, the President is directed to establish and maintain lists of
items subject to control, lists of foreign persons or end-uses subject to control, licensing criteria and licensing alternatives such as advanced notice in
lieu of licensing, and compliance and enforcement measures. It expands the definition of dual-use items to include those that
could be used for cyber or terrorist attacks. The legislation establishes penalties consistent with the
IEEPA penalties (see above). The legislation also directs the President to establish an inter-agency Transfer Policy Committee to identify strategic threats
requiring export controls and to implement policies to counter those threats. This committee is also charged with regularly reviewing
the control list and establishing and maintaining a licensing system. The legislation requires the
President to maintain current license requirements on countries supporting international terrorism ,
as well as current sanctions regarding missile proliferation and chemical and biological weapons proliferation. It also reauthorizes the anti-boycott provisions from the
EAA.
2NC NB - Prolif
Reducing export controls only stimulates the proliferation of WMDs doesnt hurt
the economy
Strom Thurmond 98, (US Senator from South Carolina, U.S. Export Control and Nonproliferation Policy and the Role and Responsibility of the Department of Defense:
Hearing Before the Committee on Armed Services, October 1st 1998)
The most important thing to recognize about export controls is that they work. They buy the time needed to turn a
country off the nuclear weapon path. Argentina and Brazil agreed to give up nuclear weapons in part of
the costs that export controls imposed upon them. In Iraq, documents discovered by the United Nations inspectors showed that export controls on dualuse equipment seriously hampered the Iraqi nuclear weapon design team . The Iraqis spent time and money making crucial items that they could
not import. The same controls also stopped Iraqs drive to make a medium-range missil e. In addition, these controls are
now hampering Indias effort to build an ICBM and will hamper the efforts of both India and Pakistan to
weaponize their nuclear arsenals.
But how much do export controls cost? Are they a drag on the U.S. economy? How many jobs are at stake? The total American economy was about 6.7 trillion dollars in 1994, the last year for which I have been able to find complete
only two tenths of 1 percent ($10.7 billion) even went through Commerce Department licensing. Only
$141 million in application were denied which is less than one hundredth of 1 percent of the U.S.
economy. Export control is not a jobs issue. It is a security issue. It has only a microscopic effect on employment. Reducing export controls
will not stimulate the U.S. economy; it will only stimulate the proliferation of weapons of mass
destruction.
What about the end of the cold war? Does that mean that export controls are less important? If anything, they are more important. With bipolar stability gone, regional tensions are growing.
These tensions stimulate the appetite for weapons of mass destruction. The nuclear and missile arms race has just shifted into high gear in South
export licensing data. Of that,
Asian and is continuing in the Middle East. It is illogical to say that because the Cold War is over, proliferation is the main international threat, and that export controls, which are one of the best ways of containing that threat, should
be reduced.
the lesson of Iraq was that export controls need to be stronger instead of weaker . But todays export controls are only a shadow of
Since 1988, applications to the Commerce
Department have dropped by roughly 90%. Cases have fallen from nearly 100,000 in 1989 to 8,705 in 1996 and 11,472 in 1997. The reason is simple: fewer items are controlled
In fact,
what they were before the Gulf War, when Saddam Hussein was buying the means to make his mass destruction war machine.
security relations during the non-nuclear period from 1972 through 1989. I show that this
largely peaceful; 186 of the 216 months during this period were completely free of militarized conflict. Militarized conflicts that did occur
from 1972 through 1989 remained below the level of outright war. I argue that the nonnuclear period was stable for two main reasons.
First, India was satisfied with the territorial division of the subcontinent after its victory in the Bangladesh War and
had no reason to undertake any aggression against Pakistan. Second, Pakistan was dissatisfied with the territorial division of
the subcontinent following the Bangladesh War, particularly in Kashmir. However, in its weakened
state, Pakistan could not risk any action to alter Kashmiri territorial boundaries and thus avoided
confrontation with India. Despite the relative peace of the nonnuclear years, I show that several developments occurred during
this period that would encourage renewed Indo-Pakistani conflict in the future. First, a process of Islamization within
period was
Pakistan made the Kashmir dispute an even more important Pakistani national goal than it had been. Second, the Afghan Wars anti-Soviet guerrilla campaign offered
Pakistan a model of low-intensity conflict (LIC) to employ against Indian Kashmir. Finally, Pakistans
FDA PIC
1NC
1NC Shell
The Food and Drug Administration should substantially curtail surveillance of
employees suspected of being whistleblowers with the exception of employees also
suspected of committing fraud.
Monitoring of FDA employees suspected of fraud is necessary to discover fraudulent
activities and misconduct.
Swaminathan and Avery 12 Vandya Swaminathan, a J.D. Candidate at the University of
California, Hastings College of the Law, and Matthew Avery, Associate at Baker Botts LLP, 2012(FDA
Enforcement of Criminal Liability for Clinical Investigator Fraud, Hastings Sci. and Tech, September
14th, Available Online at: http://hstlj.org/wp-content/uploads/2012/09/SwaminathanV4I2.pdf, Accessed: 728-2015)
There are three mechanisms in place that should theoretically allow sponsors or FDA to discover any
clinical investigator fraud: site monitoring, sponsor auditing, and FDA auditing. For site monitoring, the
sponsor usually selects an appropriately trained individual to monitor the progress of the clinical
investigation.71 Because the sponsor is responsible for ensuring that the clinical investigators obligations
are being fulfilled, FDA recommends that the monitor periodically visit the clinical site to ensure the
investigator is adequately performing his duties.72 Site monitors are supposed to review every piece of
data generated by a clinical study and are considered the best line of defense against clinical investigator
fraud.73 Sponsor auditing involves the sponsor of a clinical trial sending its own personnel to make sure
an investigator is conducting a clinical trial in compliance with good clinical practice standards and other
FDA regulations.74 Sponsors usually only conduct their own audits for larger clinical trials.75 Finally,
FDA auditing is when the Agency sends its own monitors to inspect a clinical site and review data
generated there. However, because of the FDAs budgetary constraints, these audits are relatively sporadic
and are typically reserved for pivotal Phase III trials.
Jenkins,recentlyacknowledged,inthecontextofanFDAexpertadvisorypanelrecommendinganoutrightbanof
overthecounterpediatriccoldproductsforchildrenundertheageofsix,aforcedwithdrawalrequiringarule
makingprocesscouldtake"manyyears"tocarryout.29The FDA has been criticized for taking "years to
acknowledge risks to millions of patients that had been apparent to some researchers .3JudgeWeinstein,
inrejectingapharmaceuticalcompany'spreemptiondefensenotedthat"[i]tisapparent...thattheFDA'sown
researchislimitedandthatitreliesheavilyontheselfmotivatedrepresentationsandstudiesbythepharmaceutical
industry,",31suggestingthatthe "lack of adequate... [FDA] supervision of the pharmaceutical industry" is
actually a factor to be considered in "the larger legal and factual context" inwhichthedeterminationoffact
anddamagesismadein32pharmaceuticaltortcases.The removal of drugs from the market almost uniformly
shows that there are "often important gaps in the ascertainment and reporting of adverse effects associated
with prescription drugs, and the balance of information presented to physicians about the risks and
benefits of medications may understate the former and inflate the latter.33 The danger of hidden adverse
drug effects is that even a relatively small risk of a serious adverse effect can translate into a high number
of consumers killed or hurt by such adverse effects, duetothevastnumberofprescriptionswrittenforpopular
drugs.Forexample,relatedtotheselectiveCOX2inhibitordrugVioxx,atthetimeofitswithdrawal, more than
two million patients around the world were taking the drug,leadingtoanestimated88,000to140,000
AmericanssufferingVioxxrelatedheartattacks,strokes,andotherseriousmedicalproblems.3
New antibiotics are key to prevent resistant pathogens and the spread of disease.
Boucher 9 Helen W. Boucher, Division of Geographic Medicine and Infectious Diseases, Tufts
University and Tufts Medical Center, George H. Talbot, Talbot Advisors, John S. Bradley, Division of
Infectious Diseases, Rady Children's Hospital , Division of Infectious Diseases, HarborUniversity of
California at Los Angeles (UCLA) Medical Center, John E. Edwards, Los Angeles Biomedical Research
Institute, Torrance, The David Geffen School of Medicine at UCLA , David Gilbert, Division of
Infectious Diseases, Providence Portland Medical Center and Oregon Health Sciences University, Louis
B.Rice, Medical Service, Louis Stokes Cleveland Veterans Administration Medical Center, Cleveland,
Ohio, Department of Medicine, Case Western Reserve University School of Medicine, Michael Scheld,
Department of Medicine, University of Virginia School of Medicine, Brad Spellberg, Department of
Medicine, Johns Hopkins University School of Medicine,, and John Bartlett, 2009 (Bad Bugs, No Drugs:
No ESKAPE! An Update from the Infectious Diseases Society of America, Clinincal Infectious
Diseases, Vol 48, January 1st, Available Online at:
http://cid.oxfordjournals.org/content/48/1/1.full.pdf+html, Accessed: 7-28-2015)
The number of antibacterials in phase 2 or 3 of clinical development remains disappointing, and the
absence of agents designed to treat infection due to resistant gram-negative bacilli places patients with
these infections in danger. At this time, there are no systemically administered antimicrobials in advanced
development that have activity against either a purely gram-negative spectrum or bacteria already
resistant to all currently available antibacterials. Ascertaining the true number of compounds in
development remains challenging. Although PhRMA reported 388 medicines and vaccines in testing, 83
of which are antibacterials, we found significantly fewer than 83 new molecular entities in advanced
clinical development. Because no comprehensive survey of antibiotic development was undertaken before
the IDSA's reports of 2004 and 2006 [12, 14], we cannot determine whether the 388 medications and
vaccines reported in development by PhRMAor even just the new, systemic antibacterials listed in the
present reportreflect an increase or decrease in the development pipeline over the past few years. What
is certain is that the number of new antibacterials that make it through the complete development process
and ultimately receive FDA approval has precipitously decreased over the past 25 years. Indeed, we found
a 75% decrease in systemic antibacterials approved by the FDA from 1983 through 2007, with evidence
of continued decrease in approvals, even during the most recent 5-year period (20032007) [3]. These
data do not suggest a significant recent increase in antibacterial development. Recent reports about the
decrease in discovery research efforts in large pharmaceutical companies and the decrease in antibacterial
trials, most notably early phase clinical trials, further highlight the diminishing industry focus on
antibacterial drug research and development [89, 90]. Only 5 major pharmaceutical companies
GlaxoSmithKline, Novartis, AstraZeneca, Merck, and Pfizerstill have active antibacterial discovery
programs, and the number of antibacterial trials registered at ClinicalTrials.gov decreased between 2005
and 2007 [89, 90]. We do observe some small signs of success. The approval of doripenem is
encouraging; its increased in vitro potency against P. aeruginosa may translate into clinical advantage.
Positive results in phase 3 studies for telavancin, ceftobiprole (although not for the VAP subset in the
HAP studies), and cethromycin are encouraging, although the regulatory delays are troubling. Several
compounds in early development appear promising, but phase 2 clinical studies are not yet under way. We
found evidence of potentially increased interest among large pharmaceutical companies in the recent
announcements of collaborations between Mpex Pharmaceuticals and GlaxoSmithKline, Novexel and
Forest Laboratories, and Protez and Novartis [37, 91, 92]. These relationships reflect some signs of
renewed investment interest that must be nurtured very carefully if we hope to see a productive pipeline.
Looking forward over the next 510 years, it is possible that the number of approved antibacterials will
plateau at a level similar to that of the past 5 years (i.e., 1 drug per year). It is critical to emphasize that
focusing on just the number of approved antibacterials does not necessarily tell the full story of the
overall clinical impact of the new drugs. New antimicrobials should provide clear advances in treatment
of infection, compared with already available therapies. As in our earlier report, the number of truly novel
compounds with a new mechanism of action remains small. Most antibacterial drugs that are currently in
the late-stage pipeline do not augur a major advance in our ability to treat infection due to resistant
pathogens, and the overall number of compounds in development to treat gram-negative infection is
small. The fact that much of the discovery effort is based in Japan is also noteworthy [ 27]. The IDSA is
concerned about the lack of an active international drug-discovery infrastructure and the attendant
consequencesin particular, the decrease in US- and European-based antibacterial discovery
infrastructure.
Pandemics spread like wildfire and cause extinction only resistance monitoring
solves in the necessary timeframe.
Ferguson et al 6 Neil M. Ferguson, Derek A. T. Cummings, Christophe Fraser, James C. Cajka,
Philip C. Cooley, and Donald S. Burke, Department of Infectious Disease Epidemiology, Faculty of
Medicine, Imperial College London, Department of International Health, Johns Hopkins Bloomberg
School of Public Health, 2006 (Strategies for mitigating an influenza pandemic, Nature, April 26 th,
Available Online at: http://www.nature.com/nature/journal/v442/n7101/full/nature04795.html#B3,
Accessed: 7-26-2015)
Once a new pandemic virus starts to be transmitted in a country, interventions must be targeted for
maximum impact. Applying the type of intensive control strategies envisaged for containing a pandemic
at source6 is impractical as infection will constantly be reseeded in a country by visitors
(see Supplementary Information). Clinical cases are clearly then the first priority for any more-targeted
approach, as prompt treatment with antivirals reduces clinical severity and
infectiousness18 (see Supplementary Information). Our results indicate that only very rapid treatment
can significantly reduce transmission (Fig. 2c, d), because cases are at their most infectious soon after
symptoms develop (seeSupplementary Information). For the high transmissibility scenario, same-day
treatment of 90% of cases reduces cumulative attack rates from 34% to 29% and peak daily attack rates
from 1.9% to 1.6%, with an antiviral stockpile sufficient to treat 25% of the population (the size many
countries have ordered19) being adequate to implement the policy. If treatment is delayed by 1 day, the
cumulative attack rate for the high transmissibility scenario increases to 32% (meaning that a 29%
stockpile is needed), and the peak daily attack rate to 1.9%. The impact of treatment on the peak daily
attack rate at the height of the epidemic is always greater than that on overall attack rates. Assuming that
more than 50% of infections result in clinical illness requiring treatment would increase the required
stockpile (see Supplementary Information). A real threat to the effectiveness of antiviral-based
mitigation policies would be if resistant strains arose with transmissibility close to the wild-type level20.
Such strains have not yet been detected, but resistance monitoring during a pandemic will be essential.
2NC/1NR Extensions
2NC Overview
The CP solves abuses against whistleblowers while preventing instances of
misconduct within the FDA this allows for more effective research toward new
antibiotics and prevents disease spread. Only the CP provides the most sustainable
method for FDA practices thats Swaminathan and Avery.
Monitoring of fraud suspects assures good clinical practices and prevents misuse of
data.
George and Buyse 15 Stephen L George, Department of Biostatistics & Bioinformatics, Duke
University School of Medicine, and Marc Buyse, IDDI (International Drug Development Institute) Inc,
2015 (Data fraud in clinical trials, Clinical Investigation, 2015, Available Online at: http://www.futurescience.com/doi/pdf/10.4155/cli.14.116, Accessed: 7-28-2015)
Detection of fraud is one aspect of data quality assurance in clinical trials [58]. As part of good clinical
practice, trial sponsors are required to monitor the conduct of clinical trials. The aim of monitoring
clinical trials is to ensure the patients well-being, compliance with the approved protocol and regulatory
requirements, and data accuracy and completeness [59]. Baigent et al. [60] draw a useful distinction
between three types of trial monitoring: oversight by trial committees, on-site monitoring and central
statistical monitoring, and argue that the three types of monitoring are useful in their own right to
guarantee the quality of the trial data and the validity of the trial results. Oversight by trial committees is
especially useful to prevent or detect errors in the trial design and interpretation of the results. On-site
monitoring is especially useful to prevent or detect procedural errors in the trial conduct at participating
centers (e.g., whether informed consents have been signed by all patients or legally acceptable
representatives). Statistical monitoring is especially useful to detect data errors, whether due to faulty
equipment, sloppiness, incompetence or fraud.
2NC Solvency
No solvency deficit there is a distinction between whistleblowers and employees
who commit fraud. Whistleblowers release sensitive information about clinical
practices while fraud constitutes careless work practices, intentionally falsifying
data, and other types of misconduct.
CP solves good-faith whistleblowers are protected while those who engage in
misconduct are punished.
Ankier 2 Dr. SI Ankie, Ankier Associates, 2002 (Dishonesty, Misconduct and Fraud in Clinical
Research: an International Problem, The Journal of International Medical Research, 2002, Available
Online at: http://imr.sagepub.com/content/30/4/357.full.pdf, Accessed: 7-28-2015)
The Food and Drug Administration (FDA) regulates scientific studies in human subjects that are designed
to develop evidence of the safety and efficacy of investigational drugs, biological products or medical
devices. Its authority derives from the Federal Food, Drug, and Cosmetic Act (1938) as supplemented by
subsequent amendments,49 with GCP regulations being established by Title 21 of the Code of Federal
Regulations. The remit of the Division of Scientific Investigations of the FDA includes evaluation of the
integrity of the clinical data on which product approvals are based (personal communication from
Carolyn Hommel, Consumer Safety Officer, Division of Scientific Investigations [HFD-45], Office of
Medical Policy, Center for Drug Evaluation and Research, US Food and Drug Administration).50 All
parties involved in biomedical research are encouraged to report promptly any breaches of GCP, scientific
misconduct or negligent actions by researchers. The FDA does not use the term whistleblower in its
database and has no explicit regulations regarding those who report misconduct. Subject to applicable
regulations, the good-faith whistleblower is entitled to receive conditional legal protection against
retaliation51 if they disclose (to the Office of Research Integrity) allegations of scientific misconduct in
research being funded by the US Public Health Services. Moreover, a private citizen may also seek to
expose false or fraudulent claims for federal funds by bringing a so-called Qui Tam suit. As a
Downloaded from imr.sagepub.com at NORTHWESTERN UNIV/SCHL LAW on July 28, 2015 361 SI
Ankier Misdemeanours in clinical research: an international problem reward for being a whistleblower
(also termed a relator), they receive a significant proportion of any recovered funds while also being
entitled to protection against retaliation.52
2NC Impact
Pandemics hurt national security, are magnified quickly in urban areas, and are
difficult to contain.
Goldsman et al 13 David Goldsman, Georgia Institute of Technology Michael Edesess, City
University of Hong Kong, Kwok-Leung Tsui and Zoie Shui-Yee Wong, City University of Hong Kong,
2013 (Tracking Infectious Disease Spread for Global Pandemic Containment, AI and Health,
November/December, Available Online at: http://ieeexplore.ieee.org/stamp/stamp.jsp?
tp=&arnumber=6733224, Accessed: 7-28-2015)
Infectious disease pandemics present serious threats to global health and can potentially impact national
security.1 The Asian-Pacifi c region is often the epicenter of emerging infectious diseases, having given
rise to recent outbreaks of avian fl u, Asian fl u, and Severe Acute Respiratory Syndrome (SARS). In
2003, SARS affected 29 countries, resulting in 8,096 infections and 774 deaths.2 This outbreak
demonstrated that increased population density and mobility can play important roles in the spread of
emerging infectious diseases and could potentially lead to future pandemics. According to the United
Nations Newsletter,3 by 2030 the worlds urban population is estimated to reach 8 billion people and the
number of city dwellers is expected to grow to 5 billion. People living in urban areas are constantly in
close contact, and urban populations experience a vastly different lifestyle than suburban populaces. Mass
gatherings of people in confined spaces and interconnected contacts can increase the probability of
spreading infectious diseases.4 Even for the same swine fl u strain, it has been suggested that the basic
reproductive number (a measure of how quickly the disease spreads) in New York City would be greatly
different than that found in Mexico City, due to differences in population density, environment,
demographics, and behavioral factors.5 Taking the 2003 SARS outbreak as an example, we can identify
several items of strategic importance. First, the SARS coronavirus at hospital wards critically threatened
the lives of healthcare workers and other patients;4 and so its of the utmost necessity to quickly quantify
the risk of infectious disease spread within high-risk healthcare facilities to contain the outbreak at the
earliest stages. Additionally, todays ubiquitous airplane passenger traffic6 and other modes of public
transportation result in fast disease movement and variable disease transmission rates, all of which must
be taken onto account in any analysis. Further, modeling of detailed community interaction dynamics
increases a public health organizations ability to contain a potential strain at its origin.7 Traditional
influenza simulations typically focus on large-scale populations with a generalized and homogeneous
individual contact structure. They often overlook crucial regional variations when constructing
community structures and thus are inadequate to replicate the true contact dynamics in the highpopulation and high-density environments common in urban areas. Moreover, largescale stochastic
models tend to be computationally ineffi cient if detailed agent dynamics are taken into account; and
usually those systems dont provide user-friendly and user-adaptable interfaces. We envision a systematic,
quantitative, and easy-to-use approach for tracking infectious disease spread that can realistically explain
critical social contacts and population movements in urban areas. Apart from the health economics
implications,8 such modeling approaches can enable preemptive detection, identification, and
comprehension of pandemic outbreaks, as well as scientific justifications for mitigation strategies, such as
social distancing, biosecurity screening, and quarantines.
AT: Perm
Perm fails even a reduction on fraud monitoring lets employees skirt restrictions
and fake data thats Curtin and Relkin.
FDA employees have a massive incentive to manipulate datafraud is inevitable
absent surveillance.
Curtin and Relkin 7 Teresa Curtin, an associate at Weitz & Luxenberg, P.C., a law firm that acts
as plaintiffs counsel in pharmaceutical product liability litigations nationwide, including in many
litigations mentioned in this Article. She holds a law degree from New York University School of Law
where she was a Root Tilden Scholar a& Ellen Relkin, of counsel to Weitz & Luxenberg, P.C. and
represents plaintiffs in pharmaceutical product liability and toxic tort cases. She is certified by the New
Jersey Supreme Court as a Certified Civil Trial Attorney. She is an elected member of the American Law
Institute, is a chair of the Toxic, Environmental and Pharmaceutical Torts Section of the American
Association for Justice and a fellow of the Roscoe Pound Foundation, 2007 (PREAMBLE
PREEMPTION AND THE CHALLENGED ROLE OF FAILURE TO WARN AND DEFECTIVE
DESIGN PHARMACEUTICAL CASES IN REVEALING SCIENTIFIC FRAUD, MARKETING
MISCHIEF, AND CONFLICTS OF INTEREST, HOFSTRA Law Review, 2007, Available Online at:
http://law.hofstra.edu/pdf/academics/journals/lawreview/lrv_issues_v35n04_cc4.curtinrelkin.35.4.final.pd
f, Accessed: 7-28-2015)
What these drugs debacles convincingly demonstrate is that the current FDA scheme is not protecting
public health and safety, leading to what one recent commentator recently noted would be the serious
concerns raised by a system that would tolerate both tort preemption and regulatory failure.54 After all,
what impact are multi-million dollar fines when a product is considered to be a potential blockbuster
product, with global sales exceeding $586 million in 2000, growth of 84%, and with forecast sales of $1
billion for the next year?55 Or when a product is by far a companys most profitable drug, with sales of
$4.2 billion a year?56 In such situations, the effects of a product withdrawal can go beyond an immediate
loss in product sales and impact the companys long term revenue potential.57 From the authors practical
experience in involvement in numerous pharmaceutical cases over the years, the sad result is that
corporate executives may continue aggressive marketing campaigns and negotiating with the FDA for
approval of additional uses or higher approved dosages of blockbuster drugs at the time that internal
documents show the company knew or should have known that patients are developing life-threatening
conditions as a result of using a companys product. These executives bonuses are tied to year-end
revenues and they may very well be at another company by the time that the health concerns relating to a
product come to light.
of reports from the Office of Research Integrity, there were 136 findings of scientific misconduct (again
using the PHS definition); 36 (26%) of these were in clinical trials or other clinical research) [12]. On the
other hand, surveys of scientists and medical investigators routinely report rather high levels of
misconduct or knowledge of misconduct. These surveys generally fall into one of two types: those that
ask about knowledge of misconduct, presumably by others, and those that directly ask about misconduct
by those being surveyed. The former provide revealing information about perception of misconduct but
do not provide any reliable information about the true incidence; the latter provide direct, but biased,
estimates of incidence because of the negative incentives for self-reporting. Examples of the first type
include a survey of members of the American Association for the Advancement of Science (AAAS) in
which 27% of the scientists reported having encountered some type of misconduct [13]; a survey of
research coordinators in which 19% of respondents reported first-hand knowledge of misconduct within
the previous year and that only 70% of these were reported [14]; a study of Norway medical
investigators in which 27% of investigators knew of instances of fraud [15]; a survey of members of the
International Society of Clinical Biostatistics, in which over 50% of respondents knew of fraudulent
reports [16]; a survey of medical institutions in Britain in which more than 50% of respondents knew or
suspected misconduct among institutional colleagues [17]; and a survey of New Scientist readers, in
which a remarkable 92% knew of or suspected scientific misconduct by colleagues
China
1nc
Text: The United States federal government should limit the scope of Student & Exchange Visitor
Information System to the exclusive monitoring of Chinese students.
**2nc Solvency**
ISIS solvency
The Counterplan eliminates monitoring on middle eastern studentssolves hearts and mindno
reason China is key .
STEM solvency
The counterplan is sufficient to solve the aff--- even if China forms a large group of foreign
students, other countries fill in. They have ev that foreign students are necessary, but no ev drawing
a brightline about how many we need.
India, Russia, Saudi arabia, Brazil, and more all fill in for the Chinese.
Heres comparative evway more Indian students go into Stemwell insert a graph too
Dutta 14 [Saptarishi is a reporter for Quartz in India. He was previously with The Wall Street Journal
covering general news. September 2014. The key differences between Indian and Chinese students
studying in the US http://qz.com/258353/the-key-difference-between-indian-and-chinese-studentsstudying-in-the-us///jweideman]
As for choice of disciplines, technical programs, known as STEM (short for science, technology,
engineering and mathematics) are a clear favorite for Indian students. Around 32% of Indian students are
enrolled in engineering programs, compared with just 17% of Chinese students . In fact, Hyderabad is the top
source of STEM students in the US with 20,840 students (though the citys figures might be inflated by other factors). Overall, nontechnical programs are more popular among Chinese students, with 61% of them enrolling in non-tech subjects like business and
marketing. Indian students love of technical subjects isnt surprising, given Indias thriving outsourcing industry. The country has more computer programmers than
Silicon Valley.
Brazil solves
Kohli 14 [Sonali is a reporter for Quartz covering education and diversity. She was most recently an
Atlantic Media editorial fellow at Quartz, and before that a metro reporter at the Los Angeles Register and
the Orange County Register. November 2014. Why Iran and Brazil are sending more college students to
the US http://qz.com/296952/why-iran-and-brazil-are-sending-more-college-students-to-theus///jweideman]
The government of Brazil is also sending its college students to the US, but specifically for STEM
education. The Brazil Scientific Mobility Program is only for undergraduates, but its had the added effect of increasing graduate
student enrollment in the US as well, Bhandari says. The program launched in 2011 and also funds intensive English study. There were
13,286 Brazilians studying in US colleges in 2013-2014; 38.3% were undergraduates and 23.5% graduate
students. Brazils scholarship program helps in building its work force, which is critical to their national
development, Bhandari says.
As the Open Doors fact sheet on India shows, India was the number one place of origin for foreign
students in the United States for eight years, from the 2001-02 survey year through 2008-09. In 2009-10, however, China surpassed India as a
place of origin, with more than 127,000 students in the United States that year compared with Indias nearly 105,000. The number of students from India then began to
dip slightly, dropping to below 100,000 by 2012-13, although it was still the number two place of origin. By comparison, students from China have been rapidly
increasing in numbers such that for the 2013-14 year just released, there were close to 275,000 Chinese students in the United States. An overwhelming number of
Indian students in the United States are at the graduate level, 59.5%. Just 12.3% of the Indian students here are undergrads, and 27% are pursuing optional
practical training (a year of work preceding or following degree completion). This profile differs substantially from the breakdown of Chinese
students in the United States, of whom 40% are undergrads, 42% are graduate level and 12.2% are carrying out optional practical training. More interestingly,
78.6% of the Indian students in the United States are in the STEM (Science, Technology, Engineering, Math) fields. The
only country sending a higher proportion of its students in the STEM fields is Iran, with 79.6%. I was surprised
that the number of Indian students in business is just 11.7%. Every other field of study tracked by Open Doors clocks in at 3% or less for Indian students: the social
sciences, just 2.7%; fine arts, 1.4%; humanities, a mere 0.5%, as was education.
**AT: relations**
Both the number and growth of Chinese students at American universities is one of the more startling
phenomena in higher education. A welcome one, too: study abroad would seem to promise a future where
U.S.-China relations might be characterized by greater firsthand knowledge of American culture among
the Chinese. By generating greater understanding, their experience in the U.S. should also expand their
sense of common interests, brightening prospects for cooperation between the worlds main powers.
While few would object to such a future as a goal of foreign policy, how realistic is it? Unsentimental Education Lets start with the numbers: the Institute of
International Education reports there were more than 235,000 Chinese students in the U.S. during the
2012/2013 academic year, a 21 percent increase from the year prior, making China the number one source
of foreign students in America for four years running. Nearly half of these students are studying either
business or engineering; adding math and the hard sciences would account for over two-thirds . These are
ultimately more applied subjects that tend to be less popular among other international students, let alone
among Americans: in 2011/2012, for instance, only 16 percent of U.S. bachelors degrees were conferred
in these fields. Of course, it isnt just academic majors that determine the character of study abroad, but
even so, there are few indications Chinese students experiences are especially representative,
independent of what their coursework looks like. That means less class participation, less involvement in
extracurricular activities, and fewer friendships with Americans , even compared with other foreign
students, despite the fact most American consider all these things inseparable elements of university life. And if Chinese students time
abroad isnt reflective of that broader U.S. experience , then one should ask to what extent their studies are
really maximizing their understanding of America. Given that Chinese numbers have surged only
recently, it might be unrealistic to expect this kind of integration so quickly. Plus, these challenges can face students no matter where they originally come from,
especially places where university culture may differ dramatically. But the stakes involved in helping Chinas youth obtain a more
representative view of the U.S. are frankly higher, and both the number of international students (not to mention
the tuition they often pay in full) can actually make it harder for universities to take their acculturation seriously. The more Chinese choose to study in America, the
more tempting it becomes to measure success by the revenue they bring than educational quality, even as these students find it easier to spend their days with
compatriots. Mandarin Is the (Distant) Future (Maybe) At
US-Relations Thumpers
Cyberespionage, political tensions, and national security concerns hamper USChina S&T trade
Suttmeier 14 (Richard P. Suttmeier, Dr. Richard P. Suttmeier is a Professor of Political Science, Emeritus, at the University
of Oregon. He has written widely on science and technology development issues in China, Trends in U.S.-China Science and
Technology Cooperation: Collaborative Knowledge Production for the Twenty-First Century?, Research Report Prepared on
Behalf of the U.S.-China Economic and Security Review Commission, September 11, 2014,
http://origin.www.uscc.gov/sites/default/files/Research/Trends%20in%20US-China%20Science%20and%20Technology
%20Cooperation.pdf)
Technology Leakage and Security Concerns For the most part, the
Aff does not overcome S&T nationalism in dual-use tech transfer- national security
concerns
Suttmeier 14 (Richard P. Suttmeier, Dr. Richard P. Suttmeier is a Professor of Political Science, Emeritus, at the University
of Oregon. He has written widely on science and technology development issues in China, Trends in U.S.-China Science and
Technology Cooperation: Collaborative Knowledge Production for the Twenty-First Century?, Research Report Prepared on
Behalf of the U.S.-China Economic and Security Review Commission, September 11, 2014,
http://origin.www.uscc.gov/sites/default/files/Research/Trends%20in%20US-China%20Science%20and%20Technology
%20Cooperation.pdf)
But while the stakes are rising, questions about the modalities of relationships in S&T are also becoming more complex. Research
and
innovation today are frequently characterized by the shortened time between scientific discovery and
technological application. Scientific research is therefore seldom far from commercial application and from the emergence of dual-use
technologies having both commercial and military applications. Concerns among business enterprises, universities, and
governments for protecting proprietary knowledge, or knowledge of relevance to national security,
have been heightened. Thus, the win-win, positive-sum assumptions about cooperation in science
have become complicated by the fact that the development of commercial and national security
applications of new knowledge often introduce competitive pressures and the possibility of zero-sum
outcomes. National governments continue to adopt policies designed to capture value from scientific and
technological advances and enhance national capabilities for research and innovation , even as they
expand international cooperation. Both China and the United States exhibit these tensions between
"science and technology nationalism" and "science and technology globalism"; the relationship
between the countries is an especially rich case of how these tensions are managed.
Sino-U.S.
trade has been largely complementary and generally does not threaten major domestic industries on both
sides. These should not be sacrificed in trying to alleviate domestic economic problems , particularly on the
U.S. side. Robust bilateral trade is crucial to the healthy development of Sino-U.S. economic relations and
underpins bilateral political relations as well. Direct investment is an important part of bilateral economic ties. U.S. investment in China
products of U.S. companies that have relocated their production bases to China to suspending Chinas buying and holding of U.S. treasury bonds.
started in 1980 and reached $59.65 billion by 2008 in accumulative terms. Despite the financial crisis, U.S. companies invested in 1,530 projects in China in 2009,
with an actual utilization of about $2.56 billion.13 However, starting in 2009, U.S. companies began to complain loudly about the changing investment environment in
China.14 Given the importance of foreign direct investment (FDI) to Chinas economic development, it is essential that their legitimate concerns are addressed
seriously. Meanwhile, fueled by the worlds largest foreign currency reserve and endorsed by the governments go-abroad strategy, Chinese firms recently have sought
opportunities for overseas investment more actively. In 2009, Chinese direct investment in the United States reached $620 million,15 a figure that is relatively small
compared with U.S. direct investment in China, but increasing rapidly, as one recent research pointed out, FDI from China to the United States is now more than
doubling annually.16 Yet Chinese investors do not regard the investment environment in the United States as encouraging. After the passage of the Foreign
Investment and National Security Act of 2007, the U.S. Department of the Treasury promulgated its rules of implementation in November 2008, involving regulations
pertaining to mergers, acquisitions, and takeovers by foreign persons. It has subjected to review transactions involving infrastructure, energy, and crucial technologies
affecting U.S. national security, and has also set strict rules on foreign investment. In the eyes of Chinese companies, the new regulations create many obstacles to
foreign investors.17 More generally, from the failed bidding of the China National Offshore Oil Company (CNOOC) for U.S. oil company Unocal in 200518 to the
recent controversy over Chinese steel company Anshan Iron and Steel Groups investment plan in a U.S. steel plant,19 Chinese
investors are
increasingly concerned about the political and security influences on the U.S. opposition to Chinese
investment. Given the real and potential benefits of Chinese FDI in the United States, such as creating more job opportunities and reducing bilateral trade
imbalances, Chinese investors should not be deterred by investment protectionism in the United States, institutionally or culturally. U.S. export control to
China is another area for improvement. Since the 1950s, China has been a main target of U.S. export control.
However, since the improvements in Sino-U.S. ties starting in the 1970s, U.S. export control policy toward China has been adjusted many times. The issue
became more salient in recent years due partly to the George W. Bush administrations stepped-up export
control measures against China and partly to the growing trade imbalance between the two countries.
China deems strengthened U.S. export control as unfair, since it is probably the only major U.S. trading
partner to be brought under such strict restrictions. Beijing complains that it usually takes three months to
half a year and sometimes even eighteen months to obtain a license for exports to China, much more lengthy than in
other countries, such as Germany and Japan, where two or three weeks to a month is enough. Besides, in the process of obtaining an export license, reviews will be
carried out by the U.S. concerned authorities whenever necessary, and additional clauses on end-user are attached in commercial contracts.20
**Perm/Theory**
PCP
The counterplan is functionally and textually competitiveit limits the scope of the bill instead of
full legislative repeal which is plan minus.
Ackerman 14 (Spencer, national security editor for Guardian US. A former senior writer for Wired,
Failure to pass US surveillance reform bill could still curtail NSA powers, October 3 rd, 2014, Two members
of the US House of Representatives are warning that a failure to pass landmark surveillance reform will result in a far more
drastic curtailment of US surveillance powers one that will occur simply by the House doing nothing at all. As the clock ticks
down on the 113th Congress, time is running out for the USA Freedom Act, the first legislative attempt at reining in the National Security Agency
during the 9/11 era. Unless
the Senate passes the stalled bill in the brief session following Novembers midterm elections, the
NSA will keep all of its existing powers to collect US phone records in bulk , despite support for the bill from the
White House, the House of Representatives and, formally, the NSA itself. But supporters of the Freedom Act are warning that the intelligence
agencies and their congressional allies will find the reform bills legislative death to be a cold comfort. On 1 June 2015, Section 215 of the Patriot
Act will expire. The loss of Section 215 will deprive the NSA of the legal pretext for its bulk domestic phone records dragnet. But it will cut
deeper than that: the Federal Bureau of Investigation will lose its controversial post-9/11 powers to obtain vast amounts of business records
relevant to terrorism or espionage investigations. Those are investigative authorities the USA Freedom Act leaves largely untouched. Section
215s expiration will occur through simple legislative inertia, a characteristic of the House of Representatives in recent years. Already, the
House has voted to sharply curtail domestic dragnet surveillance, both by passing the Freedom Act in May and
voting the following month to ban the NSA from warrantlessly searching through its troves of international
communications for Americans identifying information. Legislators are warning that the next Congress, expected to be more
Republican and more hostile to domestic spying, is unlikely to reauthorise Section 215.
Severence is a voting issuemakes the aff a moving target and kills negative strategyvoter for
fairness and education
PDB
Perm do both links to the net benefitfull repeal stops the monitoring of students from China
causes brain drain.
They are mutually exclusiveyou cannot limit the scope of a repealed act.
ME
Note
The cp doesnt in any way solve the isis advantage
1nc
Text: The United States federal government should limit the scope of Student &
Exchange Visitor Information System to the exclusive monitoring of Khazakstani,
Afghanistani, Iraqi, Syrian, Iranian, and Saudi Arabian students.
Solves the first advantageNo ev that middle eastern students are key to STEM.
{insert terror da/links from original case neg}
**2nc: Solvency**
2nc- Stem
The Counterplan is sufficient to solve the whole affthey no logical reason why Middle eastern
students are necessary to solve stem--- BRICS students fill in.
There were 274,439 students from China enrolled at US universities in 2013-2014. The country is still
responsible for sending the most students to the US, largely because the demand for higher education is
greater than the number of seats available in quality institutions in China. China is trying to build a system of excellent
higher education, which is somewhat reflected in the dip in growth of Chinese international students coming to the US (though China still makes up
31% of all US international students). China has actually seen a tiny decrease in the number of graduate students this year compared to years past,
according to a recent report from the Council of Graduate Schools. The 1% dip isnt enough to be significant, but its notable that this follows a 3% decrease in
graduate students the previous year, and could indicate that China is having some success in its attempts to improve higher education, says Jeff Allum, the director of
research and policy analysis at the Council of Graduate Schools. China has a growing middle class, including many one-child families who want to provide the best
education that money can buy for that child, says Rajika Bhandari, the deputy vice president for research and evaluation at the Institute of International Education.
India For the last school year, India accounted for 11.6% of all international students in the US, with
102,673 students. This is the first overall increase of Indian students in the last few years, which is likely attributable to a few factors, Bhandari says. Firstly,
there is a growing college- and- graduate-aged population in India, and like China, India does not have
the educational infrastructure to provide quality, graduate-level education to every student who wants it;
the prestigious Indian Institutes of Technology have an acceptance rate of less than 2%. The economy has also
helped students make the move to the USthe Indian rupee stabilized against the dollar toward the end of 2013, which
gave students more financial flexibility to study in the US, Bhandari tells Quartz. Lastly, the UK, another
large destination for Indian students, saw a sharp drop in Indian students after it complicated immigration policies and raised tuition, Bhandari
says. Most of the growth in Indian students is coming at the graduate level. In 2013-14, 12.3% of Indian students in the US were undergraduate students, 59.5% were
graduate students, and 27% were in optional practical training,
**Theory/Perm**
PCP
The counterplan is functionally and textually competitiveit limits the scope of the
bill instead of full legislative repeal which is plan minus.
Curtial means to eliminate
Ackerman 14 (Spencer, national security editor for Guardian US. A former senior writer for Wired,
Failure to pass US surveillance reform bill could still curtail NSA powers, October 3 rd, 2014, Two members
of the US House of Representatives are warning that a failure to pass landmark surveillance reform will result in a far more
drastic curtailment of US surveillance powers one that will occur simply by the House doing nothing at all. As the clock ticks
down on the 113th Congress, time is running out for the USA Freedom Act, the first legislative attempt at reining in the National Security Agency
during the 9/11 era. Unless
the Senate passes the stalled bill in the brief session following Novembers midterm elections, the
NSA will keep all of its existing powers to collect US phone records in bulk , despite support for the bill from the
White House, the House of Representatives and, formally, the NSA itself. But supporters of the Freedom Act are warning that the intelligence
agencies and their congressional allies will find the reform bills legislative death to be a cold comfort. On 1 June 2015, Section 215 of the Patriot
Act will expire. The loss of Section 215 will deprive the NSA of the legal pretext for its bulk domestic phone records dragnet. But it will cut
deeper than that: the Federal Bureau of Investigation will lose its controversial post-9/11 powers to obtain vast amounts of business records
relevant to terrorism or espionage investigations. Those are investigative authorities the USA Freedom Act leaves largely untouched. Section
215s expiration will occur through simple legislative inertia, a characteristic of the House of Representatives in recent years. Already, the
House has voted to sharply curtail domestic dragnet surveillance, both by passing the Freedom Act in May and
voting the following month to ban the NSA from warrantlessly searching through its troves of international
communications for Americans identifying information. Legislators are warning that the next Congress, expected to be more
Republican and more hostile to domestic spying, is unlikely to reauthorise Section 215.
Severence is a voting issuemakes the aff a moving target and kills negative strategyvoter for
fairness and education
PDB
Perm do both links to the net benefitfull repeal doesnt monitor students from the
Middle East.
They are mutually exclusiveyou cannot limit the scope of a repealed act.
1NC
1NC -- KKK
Plan except for members of the KKK
SPLC 15 (Southern Poverty Law Center, law firm which advocates for social justice and has had a
series of court successes, Church of the National Knights of the Ku Klux Klan, 2015,
http://www.splcenter.org/get-informed/intelligence-files/groups/church-of-the-national-knights-of-the-kuklux-klan)//ghs-VA
Once one of the largest and most active Klan groups in America , the Church of the National Knights of the
Ku Klux Klan has more recently gained a kind of "Keystone Kops" reputation on the white supremacist scene for its
bumbling ways. As disorganized as the Indiana-based group may be, it is still dangerous, as evidenced by a 2001 murder and plot linked to
National Knights members in North Carolina. In Its Own Words "What We Believe. The WHITE RACE: The irreplaceable
hub of our nation, our Christian Faith, and the high levels of Western Culture and Technology." Nation Knights website
"Our God, we as KLANSMAN acknowledge our dependence on You and Your loving kindness toward us. May our gratitude be full and constant
and inspire us to walk in Your ways. Let us never forget that each Klansman, by his conduct and spirit determines his own destiny, good or bad.
May he forsake the bad and strive for the good as truly being in the image of God. Keep us in the powerful bond and fraternal Union of Klannish
fidelity towards one another and devoted loyalty to this, our great Klan movement. Let us remember that the crowning glory of a Klansman is to
serve his race, his community, his nation and his own high principles. God save our Race and help us to be free people, masters of our own
destiny." "Klansman Kreed," National Knights website Background The National Knights of the Klu Klux Klan formed in 1960 as a response
to the growing civil rights movement. Originally a collection of splintered Klan groups from several southern states, this loose confederation
quickly grew into one of the largest Klan groups in the nation. According to the Anti-Defamation League, the National Knights coordinated a
series of cross burnings across the South (reportedly more than 1,000) on March 26, 1960, and claimed between 10,000 and 15,000 members.
From 1963 until his death in 1993, James R. Venable served as the imperial wizard, or national leader, of the National Knights. A Georgia lawyer
whose ancestors owned the legendary Stone Mountain near Atlanta the site of the 1915 rally that inaugurated the so-called "second era" Klan
Venable used the mountaintop and nearby family land for annual rallies that drew members from the National Knights but also other Klan
factions. In 1993, the year he died, Venable appointed Railton Loy, a former railroad worker who goes by the Klan name Ray Larsen, to take over
as the next imperial wizard. Under Loy's leadership, the National Knights continued to hold rallies at the group's new headquarters outside of
South Bend, Ind. But unlike in the past, attendance at these events was sparse. Just 35 supporters showed up for a May 5, 2001, rally, for instance,
while over 200 people attended a nearby counter-protest, according to the South Bend Tribune. Even worse than the low turnouts, these
events
often proved embarrassing for National Knights, leading to tangles with the law . After the 2001 rally was over, as
police escorted the Klan members to their cars and away from the counter-protesters, Klansmen could not remember where they parked. In the
confusion, a fight with counter-protesters began that resulted in eight arrests, including that of Loy's son, Grand Dragon (or
state leader) Richard Loy. It didn't stop there. Local newspaper coverage of the rally used the elder Loy's real name instead of his preferred alias,
Ray Larsen. After Loy allegedly called a reporter, demanding that she use his alias and asking where she lived, he was charged with misdemeanor
telephone harassment. Then, the next month, two sheriff's deputies in Williamson County, Texas, were fired after they tried to recruit a fellow
officer with an application touting "White Supremacy." Dept. David Gay, 44, and Sgt. Greg Palm, 29, had both worked for the sheriff's office for
more than four years. The National Knights really lived up to their "Keystone Kops" reputation when Railton and Richard Loy hosted what was
widely billed as a "Christmas unity rally" on Dec. 8, 2002, at the younger Loy's Osceola, Ind., farm. They hoped to bring together various
factions of the contentious world of professional racists, and indeed, they drew members of two far larger groups the American Knights of the
Ku Klux Klan and the Aryan Nations, which sent its then-propaganda chief, August Kreis. Close to 50 people gathered for the Saturday afternoon
dinner and cross burning. As hungry racists filed into the shed where food was being served, it quickly became apparent that the Loys had
forgotten a critical fact: Large numbers of Klansmen are followers of Christian Identity, a racist and anti-Semitic theology that holds that Jews are
biologically Satanic and whites are the true Israelites meaning, according to Identity adherents' reading of the Bible, that whites can't eat pork.
When guest Klansmen strolled into the shed and were confronted by a dead pig that by all accounts was barely cooked, several Klansmen and
Aryan Nations members recoiled with horror. The situation became even more ridiculous. As the gathered haters circulated and clucked about the
culinary faux pas and while a red-suited "Klanta Klaus" worked the crowd nearby some got to wondering why Rick Loy had a badly
swollen lip and two missing front teeth. Soon enough, the story came out, provoking a fresh round of mirth. After being presented with a riot
shield that was alleged to be bulletproof, Loy had apparently decided to put the matter to a test, firing a round into the shield at close range.
Unsurprisingly, the bullet ricocheted off the shield which stood up to the tryout admirably and hit Loy in the mouth. Things got worse still.
As the climactic moment of the afternoon arrived, Klansmen struggled to set up a giant swastika to burn. It collapsed on the ground. Finally, the
Nazi symbol was burned where it lay. Then it was time for the cross. It quickly became apparent that it wasn't going to be possible to get the cross
upright for burning at least not the way it had been constructed. In the end, someone had the bright idea of sawing about 12 feet off the
wooden cross' bottom, after which it, too, was finally lit. Not long afterward, the rally then came to an end, and its embarrassed participants
headed for home. Despite its sometimes comical stumbles, the
guns, making bombs, plotting murders, and carrying out at least one. His confession
triggered parallel state murder and federal gunrunning cases, which have since dragged on for years. In the end, two members of the
National Knights pleaded guilty in 2006 to charges in connection with a plot to blow up the Johnston County, N.C., courthouse and kill Sheriff
Steve Bizzell, and were sentenced to a year in federal prison after cooperating with authorities. Two months later, in December,
a judge found Klan boss and alleged ringleader Charles Barefoot incompetent to stand trial for orchestrating the murder of a fellow Klansman
suspected of informing to police.
2NC---Solvency Overview
The counterplan solves the case -- the basis of their deconstruction argument is that
black people are always paradigmatically seen as criminal the counterplan
resolves the petty crime justification which their Alexander evidence identifies as the
core reason black people are able to be locked up but doesnt allow those who
commit acts of racial violence free.
2NC---Solvency Overview
The counterplan solves the case the basis of their deconstruction argument is that
black people are always paradigmatically seen as criminal the counterplan
resolves the petty crime justification which their Alexander evidence identifies as the
core reason black people are able to be locked up.
2NC---Solvency Overview
The counterplan solves the case -- we let those who have historically been surveilled
out of jail and keep those who surveil and have enacted violence on marginalized
bodies from causing more violence
about race in ways other than the egregious dissimilarities between treatment of
black life and white life. Its also about the colors of the punishment system, and how we think through our
relationship to it as a whole. As a person who is against the carceral state, I have struggled with my feelings about
the Zimmerman trial. If I truly believe in prison abolition, then it cannot, seemingly, be a sometimes commitment. As I await the jury,
heart in stomach, I am trying to think about how this whole situation could have gone differently through an abolitionist lens. What if, when
people became outraged that Zimmerman was roaming free, they had demanded transformative justice rather than arrest? What if, rather than
sitting there dopily, George Zimmerman would have had to explain himself to Tracy Martin and Sybrina Fulton? A friend of mine who advocates
community conflict resolution, even to the point of violence, suggests George Zimmerman deserved to get whatever may or may not have come
to him without state intervention. Are these our alternatives? What do we want? It
when we confront all the damage the punishment system which includes laws, their enforcement, and the multiple
institutions and relationships involved in those practices does to peoples lives. As the United States is home to 5% of the worlds population
and 25% of the worlds prison population, the severity of the problem is blatant. As we consider the disproportionate number of black and brown
people who are targeted by surveillance and other punitive procedures, the violence is clear. But if we also acknowledge that the institution itself
cannot be redeemed, then that means working against its domination, even and particularly in cases like Zimmermans, when we may not
be sympathetic to the potentially incarcerated. Everyday abolition has to be about thinking of ways to address conflict and harm outside of the
punishment system, on a regular basis. Im asking you to think with me about the ways that this may be possible. If
George Zimmerman
is convicted, perhaps there will be a moment of joy for a lot of people across the country : here, this apparently
unapologetic man who murdered a teenage boy, will be locked away for some years. He will, maybe, feel regret or fear
or hurt in prison. But, for each George Zimmerman, how many black, brown, trans, gender noncomforming, undocumented, or homeless people
will also be locked away? And for what we might deem far lesser reasons? How many people with disabilities or medical needs will be confined
to some kind of institution, be it called a prison or a hospital?
Privacy Amendment CP
1NC
1NC Shell
Text: The United States federal government should propose an amendment to the
Constitution expressly guaranteeing the right to informational privacy
A constitutional amendment builds on state momentum to ordain privacy as a
fundamental right only this prevents circumvention by resulting in strict judicial
scrutiny
Jeffrey M. Shaman 6, B.A. from the Pennsylvania State University, J.D. from the University of Southern California, and LL.M. from
Georgetown University, where he was a Keigwin Graduate Fellow. teaches Constitutional Law, State Constitutional Law, and First Amendment
Freedom of Speech, member of the American Law Institute, the American Society of Legal History, and the U.S. Association of Constitutional
Law, 2006, THE RIGHT OF PRIVACY IN STATE CONSTITUTIONAL LAW, p.1010-1012,
http://org.law.rutgers.edu/publications/lawjournal/issues/37_4/Shaman.pdf)
****states say yes will pass
Whatever theory is used to formulate it, the right of privacy must be connected to a constitutional
provision in order to have status as a constitutional right. In the federal system, the right of privacy, at one time
located within the penumbra emanating from several constitutional provisions,278 has been established as an aspect of liberty
within the protection of the Due Process Clause of the Fourteenth Amendment. 279 In the state systems, a variety of
provisions have been evoked as the constitutional source of the right of privacy. A number of states have ruled that a right of
privacy is encompassed by the protection of liberty afforded by a due process clause, a law of the land clause, or other
constitutional provisions that forbid the exercise of arbitrary power over individual liberty.280 In fact, the term privacy frequently
is used interchangeably with the term liberty, and courts regularly have turned to constitutional
guarantees of liberty to embrace the right of privacy.281 State constitutional guarantees of equality also may be relied on as a
source of protection for the right of privacy. In some states, a right of privacy has been found implicit in constitutional
provisions declaring, All persons are by nature free and independent, and have certain natural and
inalienable rights,282 or stating, The enumeration of rights in this constitution shall not be construed to deny
or impair others retained by, and inherent in, the people.283 In more recent times, five states have amended their
constitutions to expressly guarantee the right of privacy.284 Finally, as described before, some states have declined
to tie the right of privacy to a single specific constitutional provision , preferring instead to use the penumbra theory to
designate privacy as an animating value that underlies different parts of the state constitution.285
The enactment of
strict and minimal scrutiny. While strict scrutiny starts off with a finger on one side of the scale and minimal scrutiny starts off with a
finger on the other side of the scale, intermediate scrutiny supposedly starts off with an equal balance. While strict scrutiny asks if there is a
compelling state interest and minimal scrutiny asks only if there is a valid state interest, intermediate scrutiny asks for something in betweenan
important or substantial state interest. While
accomplish the ends, and minimal scrutiny asks only if the means are reasonably related to the ends,
intermediate scrutiny requires a close, though not perfect, fit between the means and ends of legislation.
Minimal scrutiny operates by granting deference to the legislature, but under strict or intermediate scrutiny such deference is inappropriate either
because the legislation under review is tainted by a suspicious property (such as racial or gender bias) or because it impinges upon the exercise of
a basic right (such as the right to vote) of constitutional magnitudein other words, a fundamental right. Hence, the
designation of
privacy as a fundamental right, either expressly or implicitly, is extremely consequential because it brings
into play strict judicial scrutiny of legislative action . Once privacy is recognized as a fundamental right
within the protection of strict scrutiny, it then becomes extremely important to define the right of privacy
to determine exactly what activities it encompasses, which accordingly will be entitled to the highest
degree of constitutional protection.
2NC
2NC Solvency
The CP is key to protecting the right to privacy
Jeffrey Rosen 14, an American academic and commentator on legal affairs, Madisons Privacy Blind Spot, 1/18/14,
http://www.nytimes.com/2014/01/19/opinion/sunday/madisons-privacy-blind-spot.html?_r=0
In practice, the neo-Madisonian distinction between surveillance by the government and surveillance by Google makes little sense. It is true that,
as Judge Pauley concluded, People
voluntarily surrender personal and seemingly private information to transnational corporations which exploit that data for profit. Few think twice about it. But why? Why is it O.K.
for AT&T to know about our political, religious and sexual associations, but not the government? You
might say there is a difference between political and cultural information. If the government knows you
attended a Rand Paul rally, it could punish you by auditing your tax returns. But if AT&T knows, it might
send you an ad for a Tea Party Tax Day protest. That distinction is unconvincing. Once data is collected by private
parties, the government will inevitably demand access. More fundamentally, continuously tracking my location, whether by
the government or AT&T, is an affront to my dignity. When every step I take on- and off-line is recorded, so an
algorithm can predict if I am a potential terrorist or a potential customer, I am being objectified and
stereotyped, rather than treated as an individual, worthy of equal concern and respect . Justice Louis
Brandeis, the greatest defender of privacy in the 20th century, recognized this when he equated the right to be
let alone with offenses against honor and dignity. What Americans may now need is a constitutional
amendment to prohibit unreasonable searches and seizures of our persons and electronic effect s, whether by
the government or by private corporations like Google and AT&T. Perhaps even Madison, who unsuccessfully proposed a preamble to the
Constitution declaring that all power is originally rested in, and consequently derived from the people, and that all people have basic natural
rights, including the enjoyment of life and liberty and the right of pursuing and obtaining happiness and safety, might have realized that our
rights to enjoy liberty, and to obtain happiness and safety at the same time, are threatened as much by
corporate as government surveillance. In any event, it is clear that, to keep us secure against the 21st-century version of the general
warrants that so alarmed Madison and the other founders, America needs a robust debate about amending the Constitution
to meet the exigencies of our electronic age.
There must be a change in current legislation to safe guard privacy. Its the only
way to protect fundamental rights
David Wright 13, Trilateral founder and Managing Partner, Integrating privacy and ethical impact assessments, 2013,
http://web.a.ebscohost.com.turing.library.northwestern.edu/ehost/detail/detail?sid=19dc2617-dc92-4b65-aede-a9c94253e4fc
%40sessionmgr4005&vid=2&hid=4112&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=a9h&AN=92875759 ,2013
One important point to derive from the above discussion is that privacy and ethics are somewhat
intertwined. Privacy is both a fundamental right as well as an ethical issue. This intertwining makes it
plausible, and even desirable or ne- cessary, to assess privacy risks and ethical issues together . In addition
to the intertwining of privacy and ethics, tech- nology and privacy have also been two intertwined notions
that must be addressed together.2 Technology is a social practice embodying the capacity of societies to
transform themselves by creating the possibility to create and ma- nipulate not only physical objects, but
also symbols, cultural forms and social relations. In turn, privacy de- scribes a vital and complex aspect of
these social relations. Thus, technology inuences peoples understanding of privacy, and peoples understanding of privacy is a key factor
in dening the direction of technological develop- ment. Either policy-making takes this rich and nuanced interplay
between technology and privacy into account, or we run the risk of failing to govern the current, concomitant, technology and privacy revolution. With the technology revolution(s) of the last decades (ranging from the internet to
genetics), the notion of privacy has started a new journey. For instance, there is R&D on information and communication technologies (ICT)
implants, with which it becomes possible that a technologically enhanced body communicates with nearby computers and exchanges data (Bo
hle et al. 2013). There are scientic development in genomics and proteomics that call for reconsidering the concept of personal information
(Taylor 2012), not to mention issues raised by technologies such as biometrics, smart sur- veillance systems and neurotechnology (Finn et al.
2011). However, it
becomes clear that many of the privacy problems produced by new technologies can no
longer be adequately assessed and addressed with revised data pro- tection approaches alone . With the advent
of new technologies such as next-generation biometrics, DNA sequencing and human enhancement technologies, the data being collected moves
from simply describing a person to being an inherent part of the person (Hallinan et al. 2013). All
A constitutional right would also avoid many of the criticisms surrounding statutory solutions . Critics consider
the mandatory, top down approach of statutes stifling and overbearing . 222 Others argue a statute would be
crippled by its inapplicability to new technologies. 22 3 Statutes are also easily swept aside by a changing
public sentiment 2 94 and unable to compensate for other important values , such as the First Amendment.225 In contrast, the
decision to invoke one's constitutional right ultimately lies with the individual . Constitutional protections
are not tied to specific technologies; their applicability is based on judicial interpretation and thus can 226 adapt to new
technologies. Finally, one of the greatest advantages of a constitutional right is that it is permanent and
inalienable, solid against fickle public sentiment , 227 but that beyond a certain point, its scope is sub- 228 ject to judicial interpretation.
This has allowed major constitutional rights, such as the First Amendment and the Establishment Clause, to coexist. 229
Jeffrey M.
, B.A. from the Pennsylvania State University, J.D. from the University of Southern California, and LL.M. from
Georgetown University, where he was a Keigwin Graduate Fellow. teaches Constitutional Law, State Constitutional Law, and First Amendment
Freedom of Speech, member of the American Law Institute, the American Society of Legal History, and the U.S. Association of Constitutional
Law, 2006, THE RIGHT OF PRIVACY IN STATE CONSTITUTIONAL LAW, p.984-987,
http://org.law.rutgers.edu/publications/lawjournal/issues/37_4/Shaman.pdf)
On occasion, the Court has turned to the past as a source of fundamental rights. Thus, in Moore v. City of East
Cleveland, a 1977 decision, the plurality opinion concluded that the right to live together in an extended family was fundamental
because it was a liberty deeply rooted in this Nations history and tradition.87 Some years later, a
reluctant majority of the Court would again look to history in order to assume that under the
Due Process Clause, an individual possessed a right to bodily integrity , which encompassed the right to refuse unwanted
medical treatment.88 History, though, can be a double-edged sword, wielded either to accept rights on the
basis of their historical pedigree or reject them on the ground that they are not firmly established in our
history and tradition. An example of the latter occurred in a 1989 decision, Michael H. v. Gerald D., ruling that a biological father did not have a right to visit his child
because no such right could be found in the traditions of our society. 89 And in Washington v. Glucksberg, the Court ruled an individual did not have a right to physician-assisted suicide, once
right of an individual to receive information and ideas which, in the Courts view, takes on an added dimension in the privacy of a persons own home.92 As the Court put it, If the First
Stanley
recognized that the concept of privacy may comprehend a spatial element involving sanctity of the
home, an interest related to, though not the same as, the right of individual autonomy.94 In a case involving another component of the First Amendment, freedom of association, the Court
Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.93 Thus,
suggested that because the Bill of Rights was designed to secure individual liberty, it should afford substantial protection for the formation and preservation of certain kinds of highly personal
relationships.95 As the Court explained, the constitutional shelter granted to these relationships reflects the realization that individuals draw much of their emotional enrichment from close ties
with others. Protecting these relationships from unwarranted state interference therefore safeguards the ability independently to define ones identity that is central to any concept of liberty.96
Regard for personal relationships or the sanctity of the home, however, was shunted aside in Bowers v. Hardwick,
a 1986 decision, in which the Court once again turned to history to cut short the reach of the Due Process
Clause, ruling by a vote of 5-4, that the right of privacy does not encompass the right of a consenting adult
to engage in homosexual conduct, even in the privacy of his or her home.97 In upholding the constitutionality of a Georgia criminal law prohibiting sodomy, the
majority opinion drew a strict distinction between family, marriage, or procreation on the one hand and homosexual activity on the other.98 Taking a historical approach to constitutional
crime for two persons of the same sex to engage in intimate sexual relations was a violation of the Due Process Clause.101 Indeed, in Lawrence, not only did the Court decisively overrule
Bowers, 102 it also apologized for it, saying that Bowers was unjustly demeaning to gay and lesbian persons.103 And the Court devoted a good part of its opinion in Lawrence to explaining why
it believed that Bowers had been wrongly decided.104 In Lawrence, the Court dismissed the historical approach that had been taken in Bowers, noting that the historical record was more
complex than understood in Bowers, and that the Courts historical analysis in Bowers was open to considerable doubt.105 More importantly, the Court thought that the Bowers majority did not
take sufficient account of more recent historical developments: In all events we think that our laws and traditions in the past half century are of most relevance here.106 Significantly, that more
recent tradition showed an emerging awareness that liberty provides substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.107 In other
words, more recent history showed a trend toward recognizing that the sexual life of consenting adults was a private matter that should be beyond the realm of state authority, at least state
criminal authority.108 The Court further explained that the liberty component of the Due Process Clause protects persons from unwarranted government intrusions into a dwelling or other private
places and also protects other spheres of our lives and existence, outside the home, where the State should not be a dominant presence.109 The Court affirmed that Freedom extends beyond
proclaimed, These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, arecentral to the liberty
protected by the Fourteenth Amendment.11
The Supreme Court has yet to develop a consistent theory to determine the
scope of the right of privacy under the Fourteenth Amendment. Today, some
of the
Justices
believe in adhering strictly to an historical approach which encompasses only those rights that are
deeply rooted in this Nations history and tradition or implicit in the concept of ordered liberty.112 Other Justices, though, are more forward
looking; they see history as an ongoing phenomena and constitutional interpretation as an evolving process that comprehends the recognition of new rights that are central to personal dignity and
autonomy. Although the right of privacy is firmly established as a fundamental right under the Fourteenth Amendment to the Federal Constitution,
remains ambivalent about the right of privacy, embracing it with fervor in one case, rejecting it in
another. As a result, the Courts decisions concerning privacy are marked by inconsistency,
leaving the scope of the right of privacy under the Federal Constitution far from certain.
Court opinions regarding the right to privacy as derived from the Ninth
are inherently flawed. The original intent of both the Ninth and Fourteenth Amendments do not
allow for the liberties the Court has taken in their interpretation. The Ninth Amendment , which was intended to
protect the states against a latitude of governmental interpretation, has instead become the Supreme Courts perpetual grab bag
of rights in the service of changing social moralit y. As a states rights amendment, provisions from the
Ninth Amendment are also logically un-incorporable to the states through the Fourteenth. Decisions, such as
Amendment
Griswold v. Connecticut, Roe v. Wade, and Lawrence v. Texas are prime examples of how the original meaning of these amendments has been
ignored. Although it is not unreasonable to assume a right to privacy as provided for by the first eight amendments, recent
interpretations of this right have resulted in an incredibly flawed body of case law. It would seem that the
Constitution is evolving in such a way that it no longer protects the peoples liberty; rather, it answers their
demands for the expansion of license based on an ever-changing social order.
Vermeule 4
Adrian
, John H. Watson Professor of Law, Constitutional Amendments and the Constitutional Common Law, University of
Chicago Public Law & Legal Theory Working Paper No. 73, 2004, http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?
article=1072&context=public_law_and_legal_theory, AB)
On this view, it is an illusion that constitutional common law incurs lower decision costs in the long run , even if
a given change may be more easily implemented through adjudication in the short run. Although at any given time it is less costly to persuade
five Justices to adopt a proposed constitutional change than to obtain a formal amendment to the same effect, the former mode of change
incurs
higher decision costs over time, because common-law constitutionalism allows greater conflict in
subsequent periods. A benefit of formal amendments, then, is to more effectively discourage subsequent
efforts by constitutional losers to overturn adverse constitutional change . Precisely because the formal
amendment process is more costly to invoke, formal amendments are more enduring than are judicial
decisions that update constitutional rules;83 so losers in the amendment process will less frequently attempt to
overturn or destabilize the new rules, in subsequent periods, than will losers in the process of common-law constitutionalism. This
point does not necessarily suppose that dissenters from a given amendment come to agree with the enacting supermajoritys judgment, only that
they accept the new equilibrium faute de mieux. Obviously more work might be done to specify these intuitions, but it is at least plausible to
think that the
simplest view, on which formal amendments incur decisionmaking costs that exceed their
other benefits, is untenably crude. The overall picture, rather, is a tradeoff along the following lines. Relative to common-law
constitutionalism, the Article V process requires a higher initial investment to secure constitutional change. If Mueller is right, however,
constitutional settlements produced by the Article V process will tend to be more enduring over time than
is judicial updating, which can be unsettled and refought at lower cost in subsequent periods.
SSRA PICs
Amash-Conyers CP
Note
Use all relevant cards from the terror da to make this CP work.
Make sure to add a plank to the counterplan to solve internet if that advantage is read.
There are a bunch of other aff answers that apply already in the terror da file.
1nc
CP Text: The United States federal government should
establish a prohibition on government required electronic surveillance backdoors
pass the Amash-Conyers amendment to Defense Appropriations
(insert advantage counterplan to internet)
The Counterplan limits the collection of domestic-domestic calls but allows domestic-foreign calls
Martin 13 [Kate Martin, Director, Center for National Security Studies. 7/23/13, Amash-Conyers
amendment to Defense Appropriations to stop bulk collection of Americans telephone metadata.
http://democrats.judiciary.house.gov/sites/democrats.judiciary.house.gov/files/images/CNSSAnalysis.pdf/
/jweideman]
The Amash-Conyers amendment would prohibit the NSA from bulk collection of telephone meta-data on
Americans under section 215 of the Patriot Act, 50 U.S.C. 1861. (The text is below.)
The NSA would still be permitted to use section 215 to obtain the telephone metadata on any American
who is the subject of an investigation to protect against international terrorism or clandestine intelligence
gathering activities.
As Representative Sensenbrenner has pointed out, Congress never intended to authorize the bulk
collection of Americans telephone meta-data under section 215 when it required that the tangible things
sought under 215 be limited to those relevant to an authorized investigation.
Restoring Congress original understanding of the limits of 215 by enacting the Amash-Conyers
amendment would still leave the NSA and FBI many means to obtain telephone meta-data on individual
Americans. The FBI can use a National Security Letter to obtain such data in secret, including data on
domestic to domestic calls without any court order. Section 702, the 2008 Foreign Intelligence
Amendments Act, 50 U.S.C. 1881(a) also permits the bulk collection in real time of Americans overseas
telephone calls (and emails) including the meta-data associated therewith, so long as the government is
targeting foreigners abroad. And the penregister trap and trace authorities in the FISA also permit the realtime collection of telephone meta-data of Americans domestic to domestic calls.
The current bulk telephone meta-data collection was apparently begun as part of the NSAs warrantless
wiretapping programs under the previous administration. It apparently began with no court authorization.
After public disclosure of the NSA program by The New York Times in December, 2005, the government
apparently sought and received sometime in 2006 0r 2007, a FISA court order permitting the bulk
collection of domestic telephone meta-data.
One of the key features of this program is that it allows the collection of meta-data on all of Americans
domestic to domestic phone calls not just domestic to foreign calls and the creation of a database of
such calls. One of its key uses apparently is to do chain-link analysis for 3 hops for each number which
the database is queried about. While the NSA has repeatedly stated that it only queries the 215 domestic
call database 300 times a year, each one of those queries apparently asks for all the phone numbers of
individuals 3 hops away from the original suspectan enormous number of Americans with no connection
to terrorism (Testimony of John C. Inglis, Deputy Director, National Security Agency, House Judiciary
Committee, July 17, 2013).
As The Washington Post reported, General Alexander apparently determined that the way to provide
intelligence support to American troops fighting in Iraq was to collect every minute piece of information
about everyone there. Rather than look for a single needle in the haystack, his approach was, Lets
collect the whole haystack, . . . Collect it all, tag it, store it. . . . (For NSA chief, terrorist threat drives
passion to collect it all, observers say, Ellen Nakashima and Joby Warrick, The Washington Post, July
14, 2013)
Solves terrorism
Executive Office 13 [Administration White Paper. August 9, 2013. BULK COLLECTION OF
TELEPHONY METADATA UNDER SECTION 215 OF THE USA PATRIOT ACT
http://fas.org/irp/nsa/bulk-215.pdf//jweideman]
One of the greatest challenges the United States faces in combating international terrorism and preventing
potentially catastrophic terrorist attacks on our country is identifying terrorist operatives and networks,
particularly those operating within the United States. Detecting threats by exploiting terrorist communications has been , and
continues to be, one of the critical tools in this effort. It is imperative that we have the capability to rapidly identify any terrorist threat
inside the United States. One important method that the Government has developed to accomplish this task is
analysis of metadata associated with telephone calls within, to, or from the United States. The term metadata as used
here refers to data collected under the program that is about telephone calls but does not include the content of those calls. By analyzing telephony
metadata based on -3- telephone numbers or other identifiers associated with terrorist activity, trained
expert analysts can work to determine whether known or suspected terrorists have been in contact with
individuals in the United States. International terrorist organizations and their agents use the international
telephone system to communicate with one another between numerous countries all over the world,
including to and from the United States. In addition, when they are located inside the United States, terrorist operatives make domestic U.S.
telephone calls. The most analytically significant terrorist-related communications are those with one end in the United States or those that are purely domestic,
because those communications are particularly likely to identify suspects in the United Stateswhose activities may include planning attacks against the homeland.
The telephony metadata collection program was specifically developed to assist the U.S. Government in detecting communications between known or suspected
terrorists who are operating outside of the United States and who are communicating with others inside the United States, as well as communications between
operatives within the United States. In
this respect, the program helps to close critical intelligence gaps that were
highlighted by the September 11, 2001 attacks
now live in an age that includes a few groups intent on inflicting large-scale destruction to achieve
more global objectives. In the 1990s, the japanese terror cult Anni Shinrikyo first sought to buy nuclear weapons in
Russia, then to make them themselves, before turning to biological weapons and the nerve gas they ultimatelv used in the Tokyo
subways. Starting also in the 19905, al Qaeda repeatedly sought nuclear materials and the expertise needed to make them
into a nuclear bomb. Ultimately, al Qaeda put together a focused program reporting directly to Ayman al-Zawahiri (now head of the group),
which progressed as far as carrying out crude but sensible conventional explosive tests for the nuclear program in the desert of Afghanistan.
The killing of Osama bin Laden and the many other blows against al Qaeda have surely reduced the risk that al Qaeda could put together and
carry through a nuclear bomb project. But by how much? The
trends have aligned to profoundly change the way that the world works. Technology now
allows stateless groups to organize, recruit, and fund themselves in an unprecedented fashion. That,
coupled with the extreme difficulty of finding and punishing a stateless group, means that stateless groups are
positioned to be lead players on the world stage. They may act on their own, or they may act as proxies for
nation-states that wish to duck responsibility. Either way, stateless groups are forces to be reckoned with. At the same time, a
different set of technology trends means that small numbers of people can obtain incredibly lethal power.
Now, for the first time in human history, a small group can be as lethal as the largest superpower . Such a group could
execute an attack that could kill millions of people. It is technically feasible for such a group to kill billions of people, to
end modern civilizationperhaps even to drive the human race to extinction. Our defense establishment was shaped over
decades to address what was, for a long time, the only strategic threat our nation faced: Soviet or Chinese missiles. More recently, it has
started retooling to address tactical terror attacks like those launched on the morning of 9/11, but the reform process is incomplete and
inconsistent. A real
defense will require rebuilding our military and intelligence capabilities from the ground
terrorism has received relatively little attention in defense agencies, and the efforts
that have been launched to combat this existential threat seem fragmented . History suggests what will happen.
The only thing that shakes America out of complacency is a direct threat from a determined adversary that
confronts us with our shortcomings by repeatedly attacking us or hectoring us for decades.
up. Yet, so far, strategic
AT: Circumvention/perception
Solves perception and no No circumventionoversight, accountability, and legally limiting
MPAC 13 [Muslim Public Affairs Council. Non-profit interest group. 6/24/13, Amash-Conyers
Amendment: Opportunity for Transparency http://www.mpac.org/programs/governmentrelations/amash-conyers-amendment-opportunity-for-transparency.php//jweideman]
The amendment seeks to end the NSAs blanket surveillance on American citizens telephone records
unless there is an active investigation open. The amendment ends the blanket collection by: No longer
authorizing the government to hold a pool of metadata on every phone call of every American ; Permitting the
government to continue to acquire business records and other tangible things that are actually related to an authorized counterterrorism investigation, and;
Imposing more robust judicial oversight on NSAs surveillance in order to make sure the NSA does
not violate Americans civil liberties. President Barack Obamas Press Secretary Jay Carney responded to the amendment by opposing the
current effort in the House to hastily dismantle one of our intelligence communitys counterterrorism tools. While the White House sees the amendment as a blunt
approach to the issue and welcomes an informed, deliberative and open process, our nation has not yet been afforded the opportunity to debate the intelligence tool.
Our
national security and privacy concerns are very complicated and nuanced, said Hoda Elshishtawy, MPACs
Legislative and Policy Analyst. When dealing with these concerns, Americans need to feel comfortable that an
intelligence program like this has a transparent oversight process so that any misuse and abuse is
avoided. Support for open dialogue on surveillance comes from people on both sides of the aisle. Lee
Hamilton, Director of the Center on Congress at Indiana University recently wrote, The Obama administration has said it welcomes a debate on these issues. But it
has not enabled that debate: the discussion has been thrust upon the administration because of the recent leaks.
to the efficacy and utility of the Section 215 program. Although the Report
program might be valuable for reasons other than preventing a specific terrorist
attack, the tone and focus of the Report make clear that the Board does believe that to be the most important
(and possibly the only) metric. I consider this conclusion to be unduly narrow . Among other things, in todays
world of multiple threats, a tool that allows investigators to triage and focus on those who are more likely to be doing
harm to or in the United States is both good policy and potentially privacy-protective . Similarly, a tool that allows
investigators to more fully understand our adversaries in a relatively nimble way, allows investigators to verify and
reinforce intelligence gathered from other programs or tools, and provides peace of mind, has value. I
purports to consider whether the
would, however, recommend that the NSA and other members of the Intelligence Community develop metrics for assessing the efficacy and
value of intelligence programs, particularly in relation to other tools and programs. The natural tendency is to focus on the operation of a given
program, without periodic reevaluations of its value or whether it could be implemented in more privacy-protective ways. Moreover, the
natural tendency of the government, the media, and the public is to ask whether a particular program has
allowed officials to thwart terrorist attacks or save identifiable lives . Periodic assessments would not only
encourage the Intelligence Community to continue to explore more privacy protective alternatives, but also allow the government to
explain the relative value of programs in more comprehensive terms. I hope that our Board will have the
opportunity to work with the Intelligence Community on such an effort.
The threat of terrorism faced today by the United States is real. While the core group of Al Qaeda that planned the 9/11
attacks from Afghanistan largely has been decimated by military action, recent years have seen the rise of new al Qaeda affiliates in other nations plotting operations
against the United States and Europe. President Obama described the emergence of these groups in a speech last May on the dangers currently posed by international
terrorism: From
Yemen to Iraq, from Somalia to North Africa, the threat today is more diffuse, with Al
Qaedas affiliates in the Arabian Peninsula AQAP the most active in plotting against our
homeland.534 Most of these affiliates presently are focused on executing attacks in their own regions, but such attacks can claim U.S. lives in addition to
wreaking devastation on residents of the nations where they occur. Moreover, failed attacks against the United States, such as
the attempted 2009 Christmas Day airplane bombing and the attempted 2010 Times Square bombing,
serve as a reminder that foreign terrorist organizations continue to pose a danger to residents of this
nation. Political upheavals in the Middle East, meanwhile, threaten to create opportunities for safe havens
where new terrorist affiliates can plan attacks . At the same time, the United States has seen evidence that radicalized individuals inside this
country with connections to foreign extremists can carry out horrifying acts of violence, as appears to have been the case with the shooting at Fort Hood in Texas and
the bombing of the Boston Marathon.535 Thus, while al Qaedas core group has not carried out a successful attack on U.S. soil since 2001 and is less capable of doing
so, and while the violence now being attempted by emergent terrorist affiliates has not yet approached the scope of the 9/11 attacks, the
danger posed to
the United States by international terrorism is by no means over.536 Communications are essential to the
facilitation of a terrorist attack against the United States, but awareness of those same communications
can permit the United States to discover and thwart the attack. A key challenge and a key opportunity facing those who
are tasked with preventing terrorism is that would-be terrorists utilize the same communications networks as the rest of the world. Identifying the communications of
individuals plotting terrorism within those networks, without intruding on the communications of law-abiding individuals, is a formidable task. This challenge is
compounded by the fact that terrorists, aware that attempts are being made to uncover their communications, may employ a range of measures to evade those efforts
and keep their plans secret. III. Capabilities
Link: SSRA
SSRA gets rid of all phone monitoring
Williams 15 [Lauren, Staff writer for Think Progress. March, 24 2015. House Members Move To
Repeal The Patriot Act With Strongest Anti-Surveillance Bill To Date
http://thinkprogress.org/election/2015/03/24/3638234/house-members-move-repeal-patriot-act-strongestanti-surveillance-bill-date///jweideman]
Title iii CP
1nc
CP Text: The United States federal government should establish a prohibition on government
required electronic surveillance backdoors, repeal the FISA Amendments Act of 2008, and repeal
all portion of the USA Patriot Act with the exception of Title Three of the USA Patriot Act.
Perm Do Both still include SSRAs repeal of Title 3 of the Patriot Act
Perm Do CP Textually and Functionally sever out of Surveillance State Repeal Act
Terrorist financing is the biggest dangerTitle 3 solves safe havens and money-laundering
Baldwin 2 [Professor Fletcher N. Baldwin, Jr.Chesterfield Smith Professor of Law Director, The Centre
For International Financial Crimes Studies Levin College of Law University of Florida. 2002. MONEY
LAUNDERING COUNTERMEASURES WITH PRIMARY FOCUS UPON TERRORISM AND THE
USA PATRIOT ACT 2001
https://www.imf.org/external/np/leg/sem/2002/cdmfl/eng/baldwin.pdf//jweideman]
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism1 , euphemistically the
2001, is in direct response to terrorism world-wide as noted in United Nations Security Council Resolution 1373. The USA Patriot Act
followed Congressional authorization of September 14, 2001 granting broad power to the executive to seek out and destroy terrorists. The Act is, in part, 1) intended to
complement and support the military campaign in Afghanistan and elsewhere and 2) allocate to law enforcement more realistic weapons and user friendly laws to fight
terrorists and terrorists funding. The
two goals require a broad redesign of the United States Bank Secrecy Act and its
subsequent amendments.2 The USA Patriot Act (hereinafter: the Act) defines terrorism and focuses upon enhancing domestic security by implementing
legislation involving, among other things, computer privacy, electronic surveillance, warrants to trap and trace, no knock searches, and extra-territorial search
warrants. The Act also implicates matters involving immigration and borders including bulk cash smuggling. More importantly,
the forfeiture. Only the owner of the funds account in the foreign bank has standing. Significant problems and conflicts may develop within the foreign banks home
jurisdiction if there is a mandated duty to pay depositors. The United States Congress in Title
the underground banking systems such as Hawala, or Hundi. On October 26, 2001 President Bush signed the Patriot Act into law4
With the apparent lack of political will that existed prior to September 11, 2001 no longer 3 an obstacle federal law enforcement has moved quickly to begin the
implementation of the Act. The goal was, and is, to penetrate the heart of the terrorist organizational machine, or as author Peter L. Bergen termed it: Holy War, Inc.5
The goals of the Act implicate and require international cooperation, re-designation of internal laws, and enhanced cross-border cooperation. Without international
cooperation, the Act will lose most of its intended impact. II LEGISLATIVE HISTORY To
Illicit Trafficking: A Threat to the Legal Economy and Global Security Now let me address the dangers of
traditional forms of WMD and the perils posed to the international community by illicit trafficking
networks. It is often said that where there is money to be made in illicit markets and the illegal economy,
criminals will be very entrepreneurial to oversee and regulate the trading and selling of contraband. This
was certainly true for the A.Q. Khan network in Pakistan as it supplied North Korea and Libya with
expertise, technology, and materials to their WMD program. This brings me to the linkage with another theme of our discussion
today. As underscored earlier, we know that ISIL, Al-Qaeda, and other terrorist groups want to inflict as much
damage as they can to innocent communities and their sworn enemies. In fact, Osama bin Laden in his earlier years with alQaeda had stressed to his jihadist followers that it was a religious duty to seek and secure WMD as part of
their campaigns of terror. As potential customers and end-users of WMD, ISIL, al-Qaeda, and others, will remain interested in trying
to obtain these powerful weapons to maximize catastrophic harm. To achieve their nefarious terror goals,
these groups will likely need to resort to illicit trafficking channels, where corruption, criminals, and black market
facilitators come together across supply and demand vectors to obtain WMD. Their success can only be achieved if we let our
guard down. In the past, we have seen how determined terrorists have obtained mustard and sarin gas, ricin, anthrax, missiles, and other WMD by exploiting
corrupt or other vulnerable channels including in countries that have massive stockpiles of WMD or states that are on the verge of great instability and insecurity
including Libya, Syria, North Korea, and states of the former Soviet Union. An Unholy Trinity: Corruption, Criminality, and Terror As Dr. Louise Shelley, Director of
the Terrorism, Transnational Crime, and Corruption Center (TraCCC), George Mason University, has enlightened us in her recent book Dirty Entanglements:
Corruption Crime, and Terrorism: The
we begin to comprehend the complex task very quickly. From hospitals to the smoke detectors in this room, the use of these materials can benefit our everyday lives.
However, when used for malicious purposes, nuclear and radioactive materials
the break-up of the Soviet Union, we saw nuclear scientists from around the postSoviet landscape smuggling material out of their labs and attempting to sell it on the black market. They
had suffered a loss of reputation and status in the new post-communist Russia, but most importantly they
had lost a degree of financial security. These scientists believed that there was a profitable market for nuclear materials that they could tap into.
This perception holds as well for other facilitatorsthat theres a huge money-making opportunity out there in trafficking of
WMD and hazardous materials. These are among the challenges we face today. As long as facilitators believe that
there is a market for nuclear and radiological materials or weapons of mass destructionregardless of
whether there actually isthis will place even greater importance on the integrity of those tasked with
guarding such materials. The potential for corruption and blackmail is high: the stakes are higher.
trends have aligned to profoundly change the way that the world works. Technology now
allows stateless groups to organize, recruit, and fund themselves in an unprecedented fashion. That,
coupled with the extreme difficulty of finding and punishing a stateless group, means that stateless groups are
positioned to be lead players on the world stage. They may act on their own, or they may act as proxies for
nation-states that wish to duck responsibility. Either way, stateless groups are forces to be reckoned with. At the same time, a
different set of technology trends means that small numbers of people can obtain incredibly lethal power.
Now, for the first time in human history, a small group can be as lethal as the largest superpower . Such a group could
execute an attack that could kill millions of people. It is technically feasible for such a group to kill billions of people, to
end modern civilizationperhaps even to drive the human race to extinction. Our defense establishment was shaped over
decades to address what was, for a long time, the only strategic threat our nation faced: Soviet or Chinese missiles. More recently, it has
started retooling to address tactical terror attacks like those launched on the morning of 9/11, but the reform process is incomplete and
inconsistent. A real
defense will require rebuilding our military and intelligence capabilities from the ground
terrorism has received relatively little attention in defense agencies, and the efforts
that have been launched to combat this existential threat seem fragmented . History suggests what will happen.
The only thing that shakes America out of complacency is a direct threat from a determined adversary that
confronts us with our shortcomings by repeatedly attacking us or hectoring us for decades.
up. Yet, so far, strategic
**2nc: Solvency**
On October 26, 2001, the President signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (the
USA PATRIOT Act), Public Law 107-56. Title III of the USA PATRIOT Act amends the antimoney laundering provisions of the Bank Secrecy Act (BSA), codified at 12 U.S.C. 1829b, 12 U.S.C 1951-1959, and 31 U.S.C. 53115314 and 5316-5332, to promote prevention, detection, and prosecution of international money 2 laundering and
the financing of terrorism. Regulations implementing the BSA appear at 31 CFR Chapter X.
Although the Act does not explicitly address electronic commerce (e-commerce), many of the laws provisions may impact it. In particular, Title
III responds
to concernsthat more can be done to prevent, detect, and prosecute international money laundering and
the financing of terrorism. Over time, these provisions may affect ecommerce broadly, and electronic fund transfers specifically. Electronic
government (e-government) could be affected by the Act in both positive and negative ways. The intense focus
on improving data collection and information sharing practices and systems may contribute to the
establishment of government-wide technical standards and best practices that could facilitate the
implementation of new and existing e-government initiatives. It could also promote the utilization of
secure Web portals to help ensure the data integrity of transactions between the government and citizens
and business. However, concern about potential abuses of data collection provisions could dampen citizen enthusiasmfor carrying out electronic transactions
with the government.
AT: decapitation
Decapitation failsanti-financing is key
Dietz 10 [Rebekah, NAVAL POSTGRADUATE SCHOOL. ILLICIT NETWORKS: TARGETING THE
NEXUS BETWEEN TERRORISTS, PROLIFERATORS, AND NARCOTRAFFICKERS December
2010. http://www.dtic.mil/dtic/tr/fulltext/u2/a536899.pdf//jweideman]
In addition to creating a more cohesive, whole-of-government approach to catching these criminals from
multiple angles, there is one important lesson to draw from this analysis of all three networks: follow the
money. Money is the key that makes each network tick, whether it is financially motivated or not . In each
case, these networks could not operate without a steady cash flow . They utilize remarkably similar techniques to conceal and move
their capital. If the U.S. government were able to synchronize efforts on just one platform, I recommend it be
in tracking and prosecuting illicit finance. Bankers are largely able to avoid prosecution because law enforcement fails to expose evidence of
their involvement in dirty money.335 As former federal agent, Robert Mazur, writes in his recent New York Times op-ed, the U.S. government needs an elite
multiagency task force to identify institutions and businesses that facilitate illicit finance around the globe.336 Because banks and front companies often engage in
multiple illicit activities, a detailed database for all types of unlawful financial transactions could help identify important linkages that might otherwise be overlooked
by network-specific bureaucracies. Stemming the flow of dirty would restrict the stream of illegal commodities and severely hinder the operations of organizations
and individuals that threaten national and international security. It
A2 Terror Now
Terrorism is getting lower and lower
The Nation 15 [April 27, 2015 http://nation.com.pk/national/27-Apr-2015/terrorism-incidents-witness-a-decline-in-2015 Terrorism
incidents witness a decline in 2015] (Vaibhav)
Terrorism incidents throughout the country witnessed a substantial decline as compared to previous years .
According to official documents, around 252 incidents of terror occurred since January 1, 2015 till date in which
139 citizens and 51 security men were martyred. The documents revealed that in the past 5 years, a total of 8520
terror incidents occurred in which 28779 people were killed . In 2010, 2061 incidents of terror occurred in
which 502 security men were killed and 1454 civilians lost their lives. In 2011, 1680 incidents of terror
occurred in which 948 civilians and 408 security men were killed. In 2012, 1316 incidents occurred in which 347 security men
and 816 civilians were killed In 2013, 1571 incidents claimed lives of 555 security men and 1239 civilians. According
to the report in 2014, 1640 incidents of terror occurred in which 434 security men and 672 civilians were
martyred.
**Impact**
Title III of the USA PATRIOT Act. In the wake of the terrorist attacks of September 11, 2001, Congress passed the USA
PATRIOT Act.36 Congress devoted Title III of this act to combating terrorist financing .37 Given that funds
used to finance terrorist activities are often not derived from illegal activities, prosecution for funding
terrorist activities under the pre-USA PATRIOT Act money laundering laws was difficult. Title III,
however, made providing material support to a foreign terrorist organization a predicate offense for
money laundering prosecution under section 1956 of Title 18 of the U.S. Code.38 Under Title III, the Treasury Secretary may require domestic
financial institutions to undertake certain special measures if the Secretary concludes that specific regions, financial institutions, or transactions
outside of the United States are of primary money laundering concern.39 In addition to retaining more
specific records on financial institutions, these special measures include obtaining information on
beneficial ownership of accounts and information relating to certain payable-through40 and
correspondent accounts.41 The Treasury Secretary is also empowered to prohibit or restrict the opening of these payable-through and correspondent
accounts,42 and U.S. financial institutions are required to establish internal procedures to detect money
laundered through these accounts.43 In addition, financial institutions and broker-dealers are prohibited
from maintaining correspondent accounts for foreign shell banks, i.e., banks that have no physical
presence in their supposed home countries.44 Institutions are subject to fines of up to $1 million for
violations of these provisions.45 Title III allows for judicial review of assets seized due to suspicion of
terroristrelated activities and the applicability of the innocent owner defense,4 6 although the government is permitted
in such cases to submit evidence that would not otherwise be admissible under the Federal Rules of Evidence, if following those rules would jeopardize national
security.47 Title III also allows for jurisdiction over foreign persons and financial institutions for prosecutions under sections 1956 and 1957 of Title 18 of the U.S.
Code.48 The USA PATRIOT Act permits forfeiture of property traceable to proceeds from various offenses against foreign nations.49 The act also permits forfeiture
of accounts held in a foreign bank if that bank has an interbank account in a U.S. financial institution; in essence, law enforcement officials are authorized to substitute
funds in the interbank account for those in the targeted foreign account.50 Forfeiture is also authorized for currency reporting violations and violations of BSA
prohibitions against evasive structuring of transactions.51 Title
The United States supplemented these tools by implementing Section 311 of the PATRIOT Act, which
allowed the secretary of treasury to apply regulatory measures to financial entities, jurisdictions, and
classes of transactions identified as primary money laundering concerns. The U.S. Department of
Treasury used this authority aggressively between 2003 and 2005 as part of a bad bank initiative to isolate those financial
institutions around the world facilitating an assortment of illicit financial activity. The use of this
regulatory tool in 2005 against Banco Delta Asia a private bank in Macau that was facilitating money
laundering, proliferation, and counterfeiting on behalf of the North Korean regime served as a way to
notify the international financial community of the ongoing practices of concern by this financial entity
and Pyongyang. The use of targeted financial sanctions and related international focus has also expanded to issues such as proliferation finance and high-level
or regime corruption, often referred to as kleptocracy. In the United States, the presidents signing of executive order 13382 on June 29, 2005, provided the
domestic legal and regulatory framework to expand this paradigm to proliferation financing, which has been used to identify front companies from China, North
Korea, and Russia engaged in suspect proliferation activities.5 As seen in the Iran-related sanctions at the UN and by Europe and the United States, there is a growing
reliance on targeted sanctions and broader financial warnings to help pressure the Iranian regime by isolating those entities and activities possibly engaged in the
development of a nuclear weapons program. The use of such tools against autocratic regimes and leadership in countries such as Burma, Belarus, Liberia, Sudan,
Syria, and Zimbabwe has also served to expand ongoing efforts in the EU and the United States to deter and prevent large-scale corruption. The power of this marketbased financial isolation was made evident in 2005 against North Korea. 48 THE WASHINGTON QUARTERLY/ j OCTOBER 2009 Juan C. Zarate The
increasing use of these tools has spawned a new line of business within governments and the private
sector focused on developing, analyzing, and using financial data and information to understand
vulnerabilities and to prevent their exploitation by illicit networks of concern. In the United States, the Office of
Terrorism and Financial Intelligence was established within the Department of Treasury in 2004, with a dedicated intelligence office charged with developing financial
information that can be used or shared, there is no question that such sanctions and related regulatory and prosecutorial actions remain a cornerstone of the
international communitys approach to using financial power and influence to affect a wide range of national security concerns. Integrating the International Financial
Community and Private Sector A key dimension of this new paradigm is the central role and influence of the private sector for issues of international security import.
There has been an enormous anti-money laundering/counterterrorist financing regulatory burden placed on financial and commercial actors since September 11.
Governments have relied more and more on the ability of financial institutions to act as protective gatekeepers to the financial system by identifying, reporting, and
preventing the use of financial facilities by transnational actors and criminals of concern. The international banking community has grown acutely sensitive to the
business risks attached to illicit financial activity and has taken steps to avoid the taint of such activities being facilitated through their institutions. Sensitivi ty
by
this communitythe primary gatekeepers to international commerce and capitalhas been the amplifying
element that has motivated private sector actors to cease problematic or suspect business relationships,
even absent government mandate or requirements. The legitimate international financial community will
ultimately act based on its own business interests, which is aligned with the interests of governments
desiring to isolate rogue financial actors. In this post-September 11 environment, there is a natural convergence between the interests of
responsible governments and the financial community to protect the integrity of the international financial system. This sensitivity to both commercial and reputational
risks has been shaped in large part by increased anti-money laundering regulatory scrutiny at a global level, well-publicized enforcement actions by national
governments, lawsuits brought on by victims of terror, and the explosion of available information sources on terrorist financing and transnational threats of concern
(credible or otherwise) that form part of the required review and due diligence by compliance officers around the world. These factors have amplified the perceived
risks of illicit financial activity assessed by financial institutions as worth avoiding at all costs. This has led to some distortions and unintended consequences such as
diminishing access to the international financial system by smaller, yet legitimate, entities unable to prove their bona fides or ability to vet customers to larger
financial institutions. There
is no better example of this dynamic than the efforts by the United States and other
governments over the past four years to identify and isolate the illicit and dangerous financial activity of
the regimes in North Korea and Iran. Government actions have spurred banks to make independent costbenefit determinations leading to closing accounts and ending banking relationships with North Korean as
well as Iranian organizations and front companies, shipping lines, and pass-through and shell account holders. In this field and in others related to issues of
international security import, the financial community, for better or for worse, has become the frontline actor in the quest to protect the integrity of the financial
system and to isolate rogue and illicit financial activityUnleashing the Financial Furies... With few concrete levers to influence rogue regimes in Pyongyang, Tehran,
and elsewhere,
the United States will continue to rely heavily on this new brand of financial suasion to isolate
those engaged in activities that threaten both national security and the integrity of the financial system. In
this new paradigm, actors bring this financial isolation on themselves given the nature of their illicit or
suspect activities and the manner by which they try to hide or mask the ultimate purposes of their
financial dealings. ... Against North Korea The power of this market-based financial isolation was made evident in
2005 against North Korea. As part of a strategic pressure campaign, the U.S. Department of Treasury issued a domestic
regulation in September 2005, under Section 311 of the PATRIOT Act, ordering U.S. financial institutions
to close any correspondent accounts for Banco Delta Asia, a small private bank in Macau. This bank was
facilitating money laundering, proliferation, and counterfeiting on behalf of the North Korean regime. The
regulation cut the bank off from the U.S. financial system. More importantly, what appeared to be a
simple unilateral regulation against a private bank unleashed the market-based financial furies against
North Korea. Banks in Asia and Europe stopped doing business with Pyongyang, ultimately denying
North Korea access to the international financial system. North Korean bank accounts were closed, their transnational
commercial transactions were cancelled, and their officials financial activities were carefully scrutinized. Without further prompting from governments or the UN, the
private sector reacted in this manner based on their own commercial interests. No bank wanted to be seen as the North Korean regimes bank of choice when the
regime was engaged in both illicit and dangerous commercial activity, which would then put the financial institutions own access to the U.S. and international
financial systems in jeopardy. The pressure hurt the North Korean regime. Pyongyang scrambled to regain access to their money and accounts around the world while
trying to undo the official damage done to its reputation in the international financial community. The key
fully realized, it will also include a more aggressive use of targeted financial
sanctions and regulatory actions, including an aggressive campaign to uncover and freeze leadership
assets. As leadership assets are critical to regime loyalty, an international campaign to freeze those assets
would build tension and suspicion within the leaderships ranks.
they do not mean the end of international politics. As was discussed above, nuclear-armed states still have
conflicts of interest and leaders still seek to coerce nuclear-armed adversaries. This leads to the credibility
problem that is at the heart of modern deterrence theory: how can you threaten to launch a suicidal
nuclear war? Deterrence theorists have devised at least two answers to this question. First, as stated
above, leaders can choose to launch a limited nuclear war.[55] This strategy might be especially attractive
to states in a position of conventional military inferiority that might have an incentive to escalate a crisis
quickly. During the Cold War, the United States was willing to use nuclear weapons first to stop a Soviet
invasion of Western Europe given NATOs conventional inferiority in continental Europe. As Russias
conventional military power has deteriorated since the end of the Cold War, Moscow has come to rely
more heavily on nuclear use in its strategic doctrine. Indeed, Russian strategy calls for the use of nuclear
weapons early in a conflict (something that most Western strategists would consider to be escalatory) as a
way to de-escalate a crisis. Similarly, Pakistans military plans for nuclear use in the event of an invasion
from conventionally stronger India. And finally, Chinese generals openly talk about the possibility of
nuclear use against a U.S. superpower in a possible East Asia contingency. Second, as was also discussed
above leaders can make a threat that leaves something to chance.[56] They can initiate a nuclear crisis.
By playing these risky games of nuclear brinkmanship, states can increases the risk of nuclear war in an
attempt to force a less resolved adversary to back down. Historical crises have not resulted in nuclear war,
but many of them, including the 1962 Cuban Missile Crisis, have come close. And scholars have
documented historical incidents when accidents could have led to war.[57] When we think about future
nuclear crisis dyads, such as India and Pakistan and Iran and Israel, there are fewer sources of stability
that existed during the Cold War, meaning that there is a very real risk that a future Middle East crisis
could result in a devastating nuclear exchange.
UQ: Banking
Banking is booming
Conerly 15 [Bill, Forbes contributor. 1/12/2015. Banking Forecast 2015: Earnings Headed Up
http://www.forbes.com/sites/billconerly/2015/01/12/banking-forecast-2015-earnings-headedup///jweideman]
Banks should do well in 2015, thanks to economic growth and higher interest rates, which will boost
spreads even for liability-sensitive banks. The economy will expand throughout 2015 (as described in more detail in
Economic Forecast 2015-2017), prompting the Federal Reserve to boost short-term interest rates in the spring or summer. It is a good environment for
credit quality, though most bank loans are now in very good condition. Loan volumes will improve, and this is a major positive
for commercial banks. Consumers will continue to grow their credit, but only in pace with their overall income. Look for fourto-five percent consumer loan growth. The big gains will be in commercial and real estate loans. Commercial and
industrial loans have three triggers: accounts receivable, inventories and capital spending. Receivables
will grow along with the overall economy, about five percent. Inventories will probably grow just a little faster, as inventories grow
or contract on more than a one-for-one basis with the overall economy. Capital spending, however, will be the largest force for
greater C&I volumes. Businesses are loosening their purse strings and will do so even more in 2015 . Real
estate lending will improve markedly on the residential side. With the booms excess supply nearly worked off, new housing construction must match the needs of a
growing population, meaning at least a 20 percent gain in starts. Non-residential activity will only grow modestly, though, as vacancy rates are still pretty high in most
markets.
AT: Warming
Long timeframe- it will take hundreds of years for the Earth to change past the
tipping point
Iacurci 14 (Jenna Iacurci, Journalist for Nature World News, University of Connecticut, Nature World News,
http://www.natureworldnews.com/articles/8232/20140724/scientists-identify-possible-tipping-point-of-global-warming.htm,
7/24/14, 7/5/15, MEM)
According to the research, synchronization of climate variability in the North Pacific and North Atlantic
Oceans is that tipping point - where rapid melting of ice and further warming may become irreversible .
This is what happened a few hundred years before the rapid warming that took place at the end of the last ice age about 15,000 years ago. The
study, published this week in the journal Science, suggests that this combined ocean warming may have
forced the Earth's climate past the point of no return. "Synchronization of two major ocean systems can
amplify the transport of heat toward the polar regions and cause larger fluctuations in northern
hemisphere climate," lead author Summer Praetorius, a doctoral student in marine geology at Oregon State, said in a press release.
"This is consistent with theoretical predictions of what happens when Earth's climate reaches a tipping
point." For those nervous about our current predicament with global warming, Praetorius is quick to point out that this research doesn't
necessarily mean that the same thing will happen in the future, "but we cannot rule out that possibility," she said. Over a period of 10 years, the
OSU team examined marine sediment cores recovered off southeast Alaska. These geologic records of climate change portrayed a detailed history
of changing temperatures on a scale of decades to centuries over many thousands of years. They found that once the North Pacific and North
Atlantic were in sync with each other, they began to change more and more until both oceans experienced an abrupt warming event of several
degrees within a few decades. "As the systems become synchronized, they organized and reinforced each other, eventually running away like
screeching feedback from a microphone," explained co-author Alan Mix, a professor in OSU's College of Earth, Ocean, and Atmospheric
Sciences. "Suddenly
you had the combined effects of two major oceans forcing the climate instead of one at
a time." Mix notes that a tipping point for climate change can happen at any time, but it's likely that the
Earth's climate system will take hundreds or even thousands of years to change in response.
IPCC model was flawed- warming not harmful and distracts us from other causes of
environmental degradation
Bastasch 3/24 (Michael Bastasch, Reporter at The Daily Caller News Foundation, IPCC runs from claims that global
warming will cause mass extinctions, http://dailycaller.com/2014/03/24/ipcc-runs-from-claims-that-global-warming-will-causemass-extinctions/, 3/24/14, 7/7/15, MEM)
But Der Spiegel reports that the
IPCC is shying away from such claims and gives no concrete numbers for how many
plant and animal species could be at risk if global temperatures increased. While the IPCC does say that the pace of
global warming is making it hard for some species to adapt, the lack of basic data makes it impossible for there to be any hard evidence to back
up this claim. Zoologists actually fear that the focus on global warming has drawn attention away from issues
that actually cause extinctions, like destruction of natural habitats. Monoculture, over-fertilization or soil
destruction destroy more species than several degrees temperature rise ever assets , University of Rostock
zoologist Ragnar Kinzelbach told Der Spiegel.
**Perm/Theory**
Competition
The plan gets rid of the whole patriot actCP is plan minus
Hattem 15 [Julian, staff writer for the Hill. 3/24/15, House effort would completely dismantle Patriot
Act http://thehill.com/policy/technology/236769-house-effort-would-completely-dismantle-patriotact//jweideman]
A pair of House lawmakers wants to completely repeal the Patriot Act and other legal provisions to
dramatically rein in American spying. Reps. Mark Pocan (D-Wis.) and Thomas Massie (R-Ky.) on Tuesday unveiled their Surveillance
State Repeal Act, which would overhaul American spying powers unlike any other effort to reform the
National Security Agency. This isnt just tinkering around the edges, Pocan said during a Capitol Hill briefing on the
legislation. This is a meaningful overhaul of the system, getting rid of essentially all parameters of the Patriot Act. The bill would completely
repeal the Patriot Act, the sweeping national security law passed in the days after Sept. 11, 2001, as well as the 2008 FISA Amendments Act, another
spying law that the NSA has used to justify collecting vast swaths of people's communications through the Internet. It would also reform the secretive court that
oversees the nations spying powers, prevent the government from forcing tech companies to create backdoors into their devices and create additional protections
for whistleblowers. Really, what we need are new whistleblower protections so that the next Edward Snowden doesnt have to go to Russia or Hong Kong or
whatever the case may be just for disclosing this, Massie said.
1NC
1NC Shell
The Federal Judiciary should presume that warrants are required for the Federal
Government to obtain all electronically stored data for the purpose of surveillance
in the United States with the exception of public health data.
Electronic data on public health is necessary to prevent disease outbreak only the
rapid response times of electronic data solve bioterrorism.
Bravata et al 4 Dena M. Bravata, Kathryn M. McDonald, Wendy M. Smith, Chara Rydzak, Herbert
Szeto, David L. Buckeridge, Corinna Haberland, and Douglas K. Owens, e University of California, San
FranciscoStanford Evidence-based Practice Center and Center for Primary Care and Outcomes
Research, Stanford University School of Medicine, Stanford, California; Veterans Affairs Palo Alto
Healthcare System, 2004 (Systematic Review: Surveillance Systems for Early Detection of
Bioterrorism-Related Diseases, Annals of Internal Medicine, June 1 st, Available Online at:
http://annals.org/article.aspx?articleid=717496, Accessed: 7-24-2015)
Considerable controversy remains about the best methods of data analysis and presentation to facilitate
public health decision making based on surveillance data. Most surveillance systems routinely analyze the
data by calculating rates of cases over time . Few included reports described the methods for calculating
the expected rate of disease or for setting thresholds to determine when the observed rate differs
significantly from expected. Several authors described methods for stochastically modeling the spread of
communicable disease (206210). The use of these methods may allow for more accurate determination
of the expected rates of disease and deviations from expected. Some of the surveillance systems designed
specifically for bioterrorism (for example, ESSENCE) routinely perform both temporal and spatial
analyses. The routine application of advanced spacetime analytic methods may detect aberrations in
bioterrorism surveillance data with greater sensitivity, specificity, and timeliness. However, no
published report has evaluated whether a surveillance system that uses both temporal and spatial analyses
is probably more timely or sensitive than a system that performs only temporal analyses. We need
evaluations of surveillance systems that specifically evaluate various methods of presenting surveillance
data to public health officials to determine which methods best facilitate decision making.
Bioterrorism leads to extinction the threat of bioterror is growing rapidly due to new technology.
Casadevall 12 Arturo Casadevall, Department of Microbiology and Immunology and the Division
of Infectious Diseases of the Albert Einstein College of Medicine, 2012 (The future of biological
warfare, Microbial Biotechnology, March 21st, Available Online at:
http://onlinelibrary.wiley.com/doi/10.1111/j.1751-7915.2012.00340.x/full, Accessed: 7-25-2015)
The realization that a handful of envelopes containing B. anthracis in 2001 was sufficient to cause
widespread panic, and precipitated the first evacuation of the houses of the US government since the war
of 1812, provided a clear demonstration of the power of cheap biological weapons. In an age of terrorism
biological weapons are perfectly suited for asymmetric warfare where the relatively low costs of
producing such weapons combined with their potential for amplification through communicability have a
disproportionately strong effect on targeted populations. Consequently, biological weapons are likely to
remain very attractive to terrorists and fringe groups like millennial sects. Thus the near horizon is likely
to witness continued concern about low intensity use of biological weapons fashioned around known
pathogenic microbes such as Salmonella spp. and B. anthracis, which have already been used in terrorism.
The scene on the far horizon is much harder to discern simply because the current rapid the pace of
technological advance suggests that new technologies are likely to be developed in coming years that will
completely change the landscape for biological warfare offensive and defensive possibilities. Even
without envisioning new biological agents, such as those that could be generated by synthetic biology, the
technology already exists for significantly enhancing the lethality of biological weapons. The introduction
of antimicrobial resistance genes into bacterial agents could significantly enhance their lethality by
reducing treatment options. In this regard, it is relatively easy to generateB. anthracis resistant to first line
antimicrobial therapies such as ciprofloxacin (Athamna et al., 2004). The efficacy of vaccines can be
circumvented by genetically modifying agents to express immune modifier genes that interfere with the
immune response as was demonstrated by the expression of IL-4 in ectromelia virus (Jackson et al.,
2001). It is noteworthy that microbial modifications to increase lethality is only one possible outcome for
engineering biological weapons since these could also be designed to incapacitate instead of kill.
Given the enormous universe of microbial threats, the power of modern biology to enhance the microbial
virulence and the high likelihood that biological weapons will continue to threaten humanity one must
face the question of how best to protect society. The sheer number of threats and the availability of
technologies to modify microbes to defeat available countermeasures suggest that any attempt to achieve
defence in depth using microbe-by-microbe approaches to biodefence is impractical and ineffective.
2NC/1NR Extensions
2NC Overview
The aff restores privacy protections of sensitive information regardless of who owns
the server and expands the requirement for warrants to all the information
collected by machines over the Internet thats their Collins evidence.
Only the CP provides the most rapid and accurate means of preventing disease
outbreaks and pandemicstimeframe and efficiency is key.
Bean and Martin 01 Nancy H. Bean, Chief of Biostatistics and Information Management Branch
and project leader of the Laboratory Information Tracking System in the National Center for Infectious
Diseases, Centers for Disease Control and Prevention, and Stanley M. Martin, the former Chief of the
Biostatistics and Information Management Branch and former project leader of the Laboratory
Information Tracking System at the National Center for Infectious Diseases, Centers for Disease Control
and Prevention, 2001 (Implementing a Network for Electronic Surveillance Reporting from Public
Health Reference Laboratories: An International Perspective, Emerging Infectious Diseases, Sep-Oct,
Available Online at: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2631881/, Accessed: 7-24-2015)
Electronic surveillance systems meet three broad surveillance objectives: they generate hypotheses,
monitor trends, and detect clusters and outbreaks (11). Electronic data transmission enables these
objectives to be met very rapidly and often more accurately than with other reporting systems, thus
extending the benefits to actually controlling the spread of illness. While the information needs for
tomorrow and capacities to meet them can change overnight, the underlying surveillance principles and
objectives are constant. Generating Hypotheses One role of surveillance is to provide hypothesisgenerating data (e.g., demographic characteristics of patients, risk factors for illness, or antimicrobial
resistance patterns of infecting organisms). Surveillance databases should not be expected to provide
answers to all questions about a particular disease or topic but to comprise a minimum data set to suggest
hypotheses about events under surveillance. Monitoring Trends Surveillance systems that collect
consistent data over extended periods can provide valuable information about spatial, temporal, and
demographic changes in disease incidence. For example, the emergence or reemergence of pathogens,
changes in antimicrobial resistance, or changes in target populations can be detected rapidly by examining
electronic surveillance data. Information on trends or patterns provides a reliable basis for decision
making about preventing and controlling disease. Before the initiation of electronic reporting,
surveillance data may have signaled only that a cluster had occurred; this signal was often of little value
in outbreak control since the outbreak may have been over before it was recognized. Detecting clusters
often depended on alert laboratorians or epidemiologists recognizing increases in disease occurrence on
the basis of their increased workload or their memory rather than actual data. With electronic reporting,
data can be transmitted so rapidly that an outbreak can be detected and investigated while it is
ongoing and interventions can be implemented. Statistical evaluations of surveillance data reported
electronically can be more timely and accurate, and they will have greater value in detecting and
curtailing outbreaks early (5,10,12-16).
Health officials are responsible and put individuals privacy first despite political
pressures.
Richards 9 Edward P. Richards J.D, M.P.H, Harvey A. Peltier Professor of Law and Director,
Program in Law, Science, and Public Health at the Paul M. Herbert Law Center, Louisiana State
University, 2009 (DANGEROUS PEOPLE, UNSAFE CONDITIONS: THE CONSTITUTIONAL
BASIS FOR PUBLIC HEALTH SURVEILLANCE, The Journal of Legal Medicine, 2009, Available
Online at: http://biotech.law.lsu.edu/Articles/ULGM_A_369622_O.pdf, Accessed: 7-25-2015)
There have been few abuses of public health administrative searches. Public health authorities , if
anything, have been too reticent to use proper surveillance techniques. Although some of this reticence is
because of concerns about being seen as violating individual rights, most of it stems from lack of staff and
other resources.113 Despite the push on public health preparedness since the terrorist attacks on
September 11, 2001, health departments around the United States continue to suffer budget and staff cuts.
The impacts of these cuts are exacerbated by legislatures pushing ever-increasing responsibilities on
health departments without providing the budgets or staff to carry out these new tasks.114 The hardest
issue for public health policy makers is to avoid pressures to transform public health agencies into
extensions of the Department of Homeland Security. As we have seen from the adoption of Draconian
emergency powers laws, it is more difficult to maintain a balance between individual rights and
community protection than to attempt to satisfy political pressures by swinging wildly between extreme
positions.115
AT: Perm
Perm fails It links to the net benefit since the aff still uses warrants for public
health surveillancethis destroys solvency.
1) Uncertainty the aff creates a presumption against warrants and toward
curbing public health surveillance. Even if some warrants are allowed
uncertainty still fails in safeguarding against bioterror.
2) Delays the warrant process causes massive delays and ramps up costs.
Richards 9 Edward P. Richards J.D, M.P.H, Harvey A. Peltier Professor of Law and Director,
Program in Law, Science, and Public Health at the Paul M. Herbert Law Center, Louisiana State
University, 2009 (DANGEROUS PEOPLE, UNSAFE CONDITIONS: THE CONSTITUTIONAL
BASIS FOR PUBLIC HEALTH SURVEILLANCE, The Journal of Legal Medicine, 2009, Available
Online at: http://biotech.law.lsu.edu/Articles/ULGM_A_369622_O.pdf, Accessed: 7-25-2015)
The Court recognized that requiring Fourth Amendment warrants would make it difficult to carry out
public health inspections. In particular, the Fourth Amendment model fails for preventive inspections,
where the inspection is to discover public health threats rather than to respond to complaints about
known threats. The Fourth Amendment does not allow screening for crime, but screening is key to public
health.57 The Fourth Amendment model is also resource intensive, which raises the cost of enforcement.
When a warrant is constitutionally required, cost is not an issue,58 but when there is no constitutional
requirement for full criminal law due process protections, costs are a valid consideration.59 Thus, the
Court was unwilling to burden public health officials with the costs and delays inherent in the Fourth
Amendment warrant process. The compromise takes place in the area warrant arena. In these cases, which
involve building inspections, the court has held that if the owner refused entry, the public health inspector
would need to get a warrant from a judge. But rather than having to show the judge individualized
probable case for a specific building, the inspector would need to show only a reasonable rationale for the
inspection, the legal basis for the inspection,60 and the area covered by the warrant.61 For example, a
warrant for fire inspections could be based on time period, such as yearly inspections, the statute or rule
allowing such inspections, and a geographical or other method of determining which buildings would be
inspected. This single warrant would be good for all of the buildings being inspected, obviating any
specific knowledge of conditions or the identity of the owners of specific buildings.
**Aff Answers**
Exports PICs
2AC L/ to Politics
Counterplan links to politics maintaining export controls is uniquely unpopular
Douglas M. Stinnett and Bryan R. Early 11 (Academic Advisor at the Center for Policy Research-University at Albany and Faculty
Expert in Economic Sanctions, Complying by Denying: Explaining Why States Develop Nonproliferation Export Controls, August 3 rd 2011,
http://onlinelibrary.wiley.com/doi/10.1111/j.1528-3585.2011.00436.x/full)
Combating proliferation through export controls has many of the characteristics of a collective action
problem. First, it can be economically or politically costly. Implementing and administering export
controls will impose financial costs on industry due to administrative burdens (Cupitt et al. 2001) and lost market
share for exports (Beck and Gahlaut 2003). Restricting the transfer of sensitive technology can also hinder the pursuit
of foreign policy goals by some states. Recent research on the supply-side of proliferation demonstrates that states transfer nuclear
technology to further their strategic objectives. Fuhrmann (2009a), for example, concludes that states use civilian nuclear cooperation agreements
as a means of strengthening friends and allies and pursuing strategic objectives.
AT: Militarization NB
Impact of DA inevitable other states will just export the tech
Douglas M. Stinnett and Bryan R. Early 11 (Academic Advisor at the Center for Policy Research-University at Albany and Faculty
Expert in Economic Sanctions, Complying by Denying: Explaining Why States Develop Nonproliferation Export Controls, August 3 rd 2011,
http://onlinelibrary.wiley.com/doi/10.1111/j.1528-3585.2011.00436.x/full)
The problem
of compliance with nonproliferation norms stems from this combination of costly compliance
and unevenly distributed benefits. States may be tempted to free ride in order to achieve strategic goals or maintain exports markets
while letting others shoulder the burden of addressing global security. Bergens (2008), in particular, notes that implementing export
controls has the features of a tragedy of the commons . In restricting the trade of dual-use technology,
there is always the possibility of undercutting, which occurs when a government denies approval for the
export of an item to a particular party only to have another government approve that same transaction to
that party (Gahlaut and Zaborsky 2004). Thus, states may not view export controls as worthwhile when the
likelihood of undercutting is high. If enough suppliers of a controlled good defect, the efforts of those states imposing export controls
may have little effect on proliferators ability to acquire what they seek.
No reason US is uniquely key Pakistan will get its dual use tech from Europe
empirics prove
Rizwana Abbasi 12 (PhD in International Security and Nuclear Non-proliferation from the University of Leicester, Studies in the History
of Religious and Political Pluralism, Volume 7 : Pakistan and the New Nuclear Taboo : Regional Deterrence and the International Arms Control
Regime, Published by Peter Lang, May 2012)
By March 1979, Pakistan faced a new challenge, when the CIA informed the US government that
We
bought what we considered suitable for our plant and very often asked them to make changes and
modifications according to our requirements. One should realise that all this equipment was what we call
conventional technology. It was normal chemical process and vacuum technology equipment which had a thousand and one uses in
other disciplines. 146 Indeed, almost all the equipment in Kahuta was imported from Europe . 147 Khan had full
authority, independently, to import the required technology to complete his goal of building centrifuges at the Kahuta plant. Furthermore, lax
security at FDO, loopholes and inadequate guidelines of the London Club, and inadequate export regulations gave Khan a capability to reach the
international market for making any necessary purchases. Khan
Indian and Pakistani nuclear facilities are far behind and they get their tech from
other countries
Gary Milhollin 02 (founder of the Wisconsin Project on Nuclear Arms Control, The Use of Export Controls to Stop Proliferation, April
15th 2002, http://www.iranwatch.org/our-publications/speech/use-export-controls-stop-proliferation)
Both India and Pakistan have tested nuclear weapons, but still have progress to make. Both countries are trying to
develop missiles with longer ranges, and smaller warheads to mount on these missile s. This will require
better guidance systems, testing equipment, machine tools, and high-speed computers. Both countries will
continue to try to procure these items. Both India and Pakistan have developed their nuclear and missile
programs almost exclusively with imports. Virtually every element of the programs in both countries have been imported or based
on foreign designs. India's plutonium comes from reactors supplied by Canada that run on heavy water
imported from China, Russia and Norway through a German broker. The United States also sold heavy
water to India. India's rockets use solid fuel stages copied from U.S. designs, liquid fuel stages based on
Russian and French designs, and a guidance system developed with help from Germany. Pakistan's
nuclear warheads use a Chinese design and are fueled with enriched uranium made with help from China,
Germany, Switzerland and other countries. Pakistan's missiles come from China and North Korea. In the future, we must
expect India to develop the ability to deliver nuclear weapons by surface ships, submarines and longrange bombers as well as long-range missiles. Pakistan can now produce its own short-and medium-range
missiles and has nuclear capable F-16 fighter-bombers from America. Each country will continue to have enough nuclear
warheads to inflict immense damage on the other. In a nuclear war, India would lose its high-tech industry, and lose its bid to be seen as a
significant actor on the world stage - the opposite of what India's nuclear weapons appear designed to achieve. Pakistan could lose its status as an
independent nation.
Solvency Deficit
2AC Transparency
The only way to solve the aff is through greater transparency all states should be
treated equally or it turns the aff - causes mistrust and kills relations
Rizwana Abbasi 12 (PhD in International Security and Nuclear Non-proliferation from the University of Leicester, Studies in the History
of Religious and Political Pluralism, Volume 7 : Pakistan and the New Nuclear Taboo : Regional Deterrence and the International Arms Control
Regime, Published by Peter Lang, May 2012)
Secondly, dual-use
technologies are critical. There is a need to address sensitive technologies more clearly,
the case of dual-use technology, all states should be treated equally.
There is need for greater transparency in nuclear export controls. Export control measures undertaken
through the ZC and the NSG should be open and transparent. These measures should be promoted within a
framework of dialogue and cooperation among those states which participate in negotiations with nonparty states. The NSG countries pursue a cartel policy (the no undercutting principle), while Pakistan and India are expected
to follow the NSG guidelines without having been made beneficiaries of the no undercutting
principle. The question arises as to why these non-NPT states should be expected to put themselves at a commercial disadvantage in the trade
of dual-use technologies? Also with no information regarding denials as NSG states share denial notices only among themselves states
like Pakistan, even if they wanted to, cannot take informed decisions regarding the export of dual-use
technology. The implementation of NSG export controls requires better sharing of best practice at the
international level.
and to consider their registration carefully. In
Perms
2AC Perm DB
Perm do the plan and the counterplan its not severance because the specification
of maintaining controls of Pakistan is a mandate of the counterplan so it includes all
of the plan and part of the CP
FDA PIC
Aff
2ACWhistleblowers Solve
Whistleblowers provide key info on fraud suspects and prevent harmful use of FDA
data.
Davis and Abraham 13 Courtney Davis, senior lecturer in sociology, and John Abraham,
professor of sociology, 2013 (Is there a cure for corporate crime in the drug industry?, BMJ, February
6th, Available Online at: http://www.bmj.com/content/bmj/346/bmj.f755.full.pdf, Accessed: 7-28-2015)
Nearly 30 years ago, Braithwaites Corporate crime in the Pharmaceutical Industry showed that unethical
and corrupt behaviour was endemic in the sector. Sadly, there is growing evidence that little has changed.
Recent research suggests that violation of the law continues to be widespread. Most new medicines offer
little or no therapeutic advantage over existing products, so promotion plays a huge role in achieving
market share. In a crowded and competitive marketplace the temptation for companies to resort to
misleading claims is great. According to Gtzsche (doi:10.1136/bmj.e8462),1 as of July 2012, nine of the
10 largest drug companies were bound by corporate integrity agreements under civil and criminal
settlements or judgments in the United States. The corporate activity that has led to recent government
investigations has involved unethical and unlawful practices that are well beyond mere administrative
offences. Whistleblowers and other insider accounts in the US typically include allegations that
companies systematically planned complex marketing campaigns to increase drug sales, which involved
illegal and fraudulent activities. These included active promotion of off label, or otherwise inappropriate,
use of drugs, despite company knowledge that such use could seriously harm patients.2
2ACNo Impact
Pandemics are unlikely new technology and better medical practices prevent
spread.
Song 14 Liting Song, Hope Biomedical Research, PostDoc Position, University of Toronto 2014 (It
is Unlikely That Influenza Viruses Will Cause a Pandemic Again Like What Happened in 1918 and
1919, Frontiers in Public Health, May 7th, Available Online at:
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC4019839/, Accessed: 7-28-2015)
Nowadays, we travel faster, and we travel more frequently and globally, and we have more complicated
social activities and lifestyles, thereby increasing the chances of viral mutation; and we realize that
influenza viruses are even easier to reassort, recombine, and mutate in nature than many other RNA
viruses. However, we are now living in a technologically, economically, and socially much better and
advanced society. I believe influenza virus infections are controllable and preventable, with the increased
population health and immunity, with the WHO Global Influenza Surveillance and Response System, and
with standard/routine epidemiological practices, and with new effective anti-viral agents and vaccines in
production in the future. Now, I first predict that influenza viruses will unlikely again cause a pandemic
on a level comparable to what happened in 1918 and 1919. Hopefully, one day we could consider a
strategy to produce a universal vaccine that can prevent people from infections of all influenza virus
strains, or we could produce some very effective anti-influenza virus drugs; then influenza would not be a
problem anymore. We should learn lessons from the mistakes we made in the past. It is reasonable and
necessary to be cautious about influenza viruses, but overreactions or catastrophic reactions should be
avoided in the future. My opinion is anti-traditional; the purpose of this article is to influence public
health policy, and to save some of the limited resources and money for more important diseases like heart
diseases, cancer, diabetes, AIDS, hepatitises, and tuberculosis ( 15).
China
There has been much talk recently in the United States about a higher education bubble bursting. The growing student loan debt is a big bubble thats about to pop, if it
hasnt already. Some pundits and politicians in the United States have also begun to point to increasing costs and continued high unemployment as an indicator that
higher education writ large is creating a new bubble. Only time will tell if these trends are part of a new norm or if these booms are soon to be busts. One other bubble
that has gotten less attention, however, may be on the verge of popping. And if it does, it could have a transformative effect on higher education and the nations
knowledge economy. Colleges
Second,
about half of all foreign applicants are from one nation: China. In fact, the NSF reports that about 40
percent of all foreign students who received doctoral degrees from 2001-11 came from China . According to the
universities in 2011. This means that any blip in international student enrollments will disproportionately affect the areas of science and engineering.
CGS report, applications to graduate school from China declined by 5 percent. This is a dramatic reversal following seven consecutive years of double-digit increases
in Chinese applications. In
The 5% decrease
among Chinese students may result in a huge blow to many American universities, since as
of a year ago, Chinese students accounted for half of all foreign applicants to American graduate schools
and one-third of those enrolled. Other countries contributing to percentage declines in US graduate school applications this spring are South Korea
and Taiwan (-13% each) and Mexico (-11%). These source countries are often prioritised in national and institutionspecific recruitment targeting, so the decreases here are also very notable. Debra W. Stewart, president of the
Council of Graduate Schools, is on record as being very concerned about the Chinese drop in particular, calling it disturbing and precipitous a
post-9/11 kind of drop. She attributed at least part of the decrease to a restricted funding environment for students attending US schools, and said: As a
country, we simply cant afford to maintain obstacles to international graduate study, especially as other countries are
decreasing these barriers for highly qualified students.
Relations A/O
The plan solves U.S. China Relations
Chang 14 [Anthony, Writer for the Diplomat. 6/20/14, Is Overseas Study Helping US-China Relations?
http://thediplomat.com/2014/06/is-overseas-study-helping-us-china-relations///jweideman]
Both the number and growth of Chinese students at American universities is one of the more startling
phenomena in higher education. A welcome one, too: study abroad would seem to promise a future where
U.S.-China relations might be characterized by greater firsthand knowledge of American culture among
the Chinese. By generating greater understanding, their experience in the U.S. should also expand their
sense of common interests, brightening prospects for cooperation between the worlds main powers.
While few would object to such a future as a goal of foreign policy, how realistic is it? Unsentimental Education Lets start with the numbers: the Institute of
International Education reports there were more than 235,000 Chinese students in the U. S. during the
2012/2013 academic year, a 21 percent increase from the year prior, making China the number one source
of foreign students in America for four years running. Nearly half of these students are studying either
business or engineering; adding math and the hard sciences would account for over two-thirds. These are
ultimately more applied subjects that tend to be less popular among other international students, let alone among Americans: in 2011/2012, for instance, only 16
percent of U.S. bachelors degrees were conferred in these fields. Of course, it isnt just academic majors that determine the character of study abroad, but even so,
there are few indications Chinese students experiences are especially representative, independent of what their coursework looks like. That means less class
participation, less involvement in extracurricular activities, and fewer friendships with Americans, even compared with other foreign students, despite the fact most
American consider all these things inseparable elements of university life. And if Chinese students time abroad isnt reflective of that broader U.S. experience, then
one should ask to what extent their studies are really maximizing their understanding of America. Given that Chinese numbers have surged only recently, it might be
unrealistic to expect this kind of integration so quickly. Plus, these challenges can face students no matter where they originally come from, especially places where
university culture may differ dramatically. But
U.S. and China still fail to understand one another's nuclear weapons
policies, according to a disturbing report by Global Security Newswire. In other words, neither the U.S. nor China knows when
the other will or will not use a nuclear weapon against the other . That's not due to hostility, secrecy, or deliberate foreign
policy -- it's a combination of mistrust between individual negotiators and poor communication; at times, something
as simple as a shoddy translation has prevented the two major powers from coming together. Though nuclear war between the U.S. and China is still extremely
unlikely, because
the two countries do not fully understand when the other will and will not deploy nuclear
weapons, the odds of starting an accidental nuclear conflict are much higher. Neither the U.S. nor China has any
interest in any kind of war with one other, nuclear or non-nuclear. The greater risk is an accident. Here's how it would happen. First, an
unforeseen event that sparks a small conflict or threat of conflict. Second, a rapid escalation that moves
too fast for either side to defuse. And, third, a mutual misunderstanding of one another's intentions. This
three-part process can move so quickly that the best way to avert a nuclear war is for both sides to have absolute
confidence that they understand when the other will and will not use a nuclear weapon. Without this, U.S. and Chinese policy-makers
would have to guess -- perhaps with only a few minutes -- if and when the other side would go nuclear. This is especially scary because
both sides have good reason to err on the side of assuming nuclear war. If you think there's a 50-50
chance that someone is about to lob a nuclear bomb at you, your incentive is to launch a preventative
strike, just to be safe. This is especially true because you know the other side is thinking the exact same thing. In fact, even if you think the other side
probably won't launch an ICBM your way, they actually might if they fear that you're misreading their intentions or if they fear that you might over-react; this means
they have a greater incentive to launch a preemptive strike, which means that you have a greater incentive to launch a preemptive strike, in turn raising their
incentives, and on and on until one tiny kernel of doubt can lead to a full-fledged war that nobody wants. The
ME
S/D ISIS
Cant solve the ISIS advantageThe counterplan is massive discrimination against middle eastern
students that plummets goodwillthats Zeman
International
education is crucial to building relationships between people and communities in the United
States and around the world. It is through these relationships that together we can solve global challenges
like climate change, the spread of pandemic disease, and combatting violent extremism, said Evan M.
Ryan, Assistant Secretary of State for Educational and Cultural Affairs. We also need to expand access to
international education for students from more diverse backgrounds, in more diverse locations of study,
getting more diverse types of degrees. Only by engaging multiple perspectives within our societies can
we all reap the numerous benefits of international education - increased global competence, selfawareness and resiliency, and the ability to compete in the 21st century economy, Assistant Secretary
Ryan remarked. International experience is one of the most important components of a 21st century education, and study abroad should be viewed as an
essential element of a college degree, said IIEs President Dr. Allan E. Goodman. Learning how to study and work with people from
other countries and cultures also prepares future leaders to contribute to making the world a less
dangerous place." In 2013/14, there were 66,408 more international students enrolled in U.S. higher education
compared to the previous year. While students from China and Saudi Arabia together account for 73 percent of
the growth, a wider range of countries contributed to the increase, with India, Brazil, Iran and Kuwait together accounting for an additional 18 percent of
growth. The number of Indian students increased by 6 percent to 102,673, reversing a three-year trend of declining numbers of Indian students at U.S. campuses.
The fastest growing student populations in the United States in 2013/14 were from Kuwait, Brazil, and Saudi Arabia, all countries
whose governments are investing heavily in scholarships for international studies, to develop a globally competent workforce. The fastest growing
region this year was the Middle East and North Africa, with an increase of 20 percent in students enrolled in U.S. higher education. There were
eight percent more students from Latin America and the Caribbean, which has benefited from support from 100,000 Strong in the Americas, a public-private
partnership led by the U.S. State Department. Students from Asia increased by 8 percent as well, driven by a 17 percent increase from China.
Privacy Amendment CP
Solvency Deficits
Supreme Court has not closed the door to a right to informational privacy, its acceptance of
the concept has been somewhat less than enthusiastic. The Court has given limited recognition to the right to
be free from governmental disclosure, but its rejection of an independent interest in one's honor and reputation has made its support of this right
somewhat tentative.
The Court's failure to recognize any limits to government surveillance and data gathering
beyond those contained in the fourth amendment is troublesome, especially given the clear intent of the conservatives
on the Court to cut back on the protections accorded by the fourth amendment. 122 Consequently, the right to informational
privacy in the United States may actually lag behind what is articulated by international standards While reliance on
state law may provide some protection against invasions by state and local governments and by private groups and individuals, it leaves
the federal government free from such restraints. It is the proliferation of federal bureaucracies and law enforcement schemes
that pose perhaps the biggest threat to privacy interests today. Legislation can provide some protection, but legislation is
always dependent upon the popular will and is unlikely to provide a check if the majority is willing to
tolerate an invasion. This of course means that the privacy rights of minorities will always be in jeopardy. While
Americans are generally concerned about their privacy, 12 3 many people are willing to put up with some intrusions in order to enforce their
own moral standards upon the whole. 124 Conservatives
recognition of a constitutional right to information privacy will require the Court to reconcile the right
with freedom of the press and the public's right to know, but this should not be a deterrent. In fact, this is
the reason we have federal judges whose pay and tenure is protected. It is their job under our
Constitution to make these decisions. Federal judges one way or another do decide the underlying
substantive issues.126 They either do so explicitly in a well written opinion which tries to balance or reconcile the particular values
presented, or they do so implicitly when they duck the issues and talk about judicial restraint and federalism. Whichever way they
proceed, the judges do decide and should be held accountable for the substantive results which flow
there from.
The Supreme Court is key to provide a model for lower courts and executive action
Timothy Azarchs 14, Law Clerk at the IRS, University of Pennsylvania, Informational Privacy: Lessons from Across the Atlantic, 2014,
http://scholarship.law.upenn.edu/jcl/vol16/iss3/5/,
If a general privacy
right existed, the Equal Protection Clause could provide at least some protection to minority groups whose
privacy is singled out. But in the absence of such a law, executive actors may act with impunity in circuits that
have not found a constitutional right. And in the absence of any guidance from the Supreme Court, circuit
courts continue to reach disparate results based on intuition instead of coherent principles . Following the European
model, the Supreme Court could provide clear guidance to the lower courts on how and when to review
executive action. Legitimate expectations of privacy would allow actions clearly authorized by statute to escape scrutiny altogether because there can be no
legitimate expectation that a statute will not be enforced . But legitimate expectations would give the lower courts something
Ideally, the legislature would provide clearly defined privacy rights that protect individuals from infringements by the executive.
more concrete to guide them than the hypothetical right and conflicting opinions they have now . Government
action could receive deferential review appropriate to the reality that collecting and disseminating information can often be very useful to the government, but courts
could still punish the egregious violations like purposeless disclosure of rape details,163 HIV status,164 or sex tapes.165 And r ecognition
that
informational privacy is an important right could affect the Courts decision-making when it balances that
right against others.166 Regardless of what the legislature does, the law would benefit from a clear statement by the Court
that the Constitution protects informational, and not just decisional, privacy.
the growth of computers, digital databases, and early ICTs led to increasing Congressional
and regulatory awareness of commercial informational privacy issues. However, American commercial data
privacy policy regime is primarily reliant on market forces and self-regulation to protect privac y.
Regulation through federal statutes and administrative policies play a secondary, complementary role. As
James Whitman rightly argues, [T]here are, on the two sides of the Atlantic, two different cultures of privacy, which are home to different
intuitive sensibilities, and which have produced two significantly different laws of privacy. 49
traded off, like a commodity, for economic gain or other benefits including the use of free web services. In order to carry out this calculus,
consumers need accurate information about how businesses collect, process, and disseminate personal data. Second, the
government
protects privacy in special cases through sectoral federal statutes, which apply only to specific industries
or types of sensitive personal data. The following federal informational privacy laws bear several
important characteristics. First, the American approach to legislating informational privacy protection is ad
hoc and reactive. Instead of attempting to anticipate and avert privacy threats, Congress tends to pass
legislation in response to privacy issues after their materialization . Second, many of the federal statutes incorporate a
limited or diluted version of the FIPs. Protection is often limited to a few specific activities, like collection or disclosure.51 Lastly and most
importantly,
federal informational privacy laws are sectoral and protect data in specific highstakes contexts,
complementing the default market-based mode of regulation for all other types of data. There is no
comprehensive commercial informational privacy statute.
action is not always effective at protecting disfavored minority groups .103 The majority
may wish to oust these outsiders, or it may simply lack the motivation to overcome the inertia of the
legislative process. For instance, it might be easier to pass a law that allowed the government to collect information about immigrants
ostensibly because they are more likely to be terrorists or drug runnersthan to pass a law that protects homosexuals from disclosure of their
sexual orientations. The
clear
answer from the Supreme Court is preferable to twelve vague ones from the circuits. The current
uncertainty has several detrimental effects. First, insofar as there is a correct answer to the question, a
circuit split implies that one side or the other is incorrect. Either constitutional rights are being
underenforced in jurisdictions that improperly narrow the right, or nonexistent rights are being enforced in jurisdictions
that improperly broaden it. Second, this assumed, but unconfirmed, right leaves the lower courts, government
actors, and potential claimants with little guidance . As Justice Scalia suggested in his concurrence in NASA v. Nelson, this
encourages an endless stream of hopeful plaintiffs to flood the courts with claims that are different on one or another dimension from decided
cases because they have no grounds on which to determine whether those differences are relevant.106 A vague
result in even more litigation than a broad but clear one . Another possibility is that, for fear of prosecution, government
agencies will be unwilling to cross a boundary whose location is uncertain and will be deterred from beneficial policies that approach but do not
step over that boundary.107 The question should be settled, one way or the other, and the Supreme Court may be the only institution that can
settle it.
cannot always trust and use as a guide the affective sense that a particular policy
seems disquieting in the change it wreaks. Moreover, inability to distinguish the chaff risks demeaning an
important guide and principle for understanding what the liberty explicitly safeguarded by the
Constitution means. This Article argues that the work of privacy as a constitutional concept is to adapt the idea of
liberty in times of social change. Insofar as constitutionally relevant, the idea of informational privacy
helps further define, and should be informed by, the freedoms safeguarded in the Constitution , such as the
protections for liberty under procedural and substantive due process. There is a principled reason for distinguishing between the cases of HIV and sexual orientation
outings by the state with the aim of marring employment, family, and friendships and cases where state employees want a job representing an important public trust
but do not want to get drug tested like the rest of us. And it is more than the crude rule of thumb that we know a violation when we feel it.
Perms
2AC Perm DB
Perm do both solves and shields the link to the net benefit no reason why a
constitutional amendment cant be passed along with the Supreme Court ruling the
Constitution contains a right to informational privacy in the 4th amendment
2AC L/ to Politics
CP links to politics inclusion of action taken by Congress risks triggering the link
to politics only the plan avoids it using the courts isnt perceived in the political
process
The plan is ridiculously capital-intensive
Albert 14 (Richard Albert, Associate Professor at Boston College Law School, "Constitutional Disuse or Desuetude: The
Case of Article V." Boston University Law Review 94, (2014): 1029-., http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?
article=1758&context=lsfp, AB)
Nothing
is easy, writes Henry Paul Monaghan, about the processes prescribed by Article V.112 Scholars today
describe the requirements of Article V as practically impossible to meet .113 For instance, Bruce Ackerman views Article V as
establishing a formidable obstacle course.114 Sanford Levinson argues that Article V, practically speaking, brings us all too close
to the Lockean dream (or nightmare) of changeless stasis,115 and that it is the Constitutions most truly egregious
feature.116 Rosalind Dixon has described the virtual impossibility of formal amendment to the Constitution under
Article V.117 Jeffrey Goldsworthy observes that the supermajoritarian requirements of Article V are so onerous as to be arguably undemocratic, by making it
much too easy for minorities to veto constitutional amendments.118 Vik Amar explains that Article V establishes particular and
cumbersome processes.119 And Richard Fallon laments that [e]ven under the best of circumstances, the requirement
that three-fourths of the states must ratify constitutional amendments makes it nearly impossible to
achieve significant change in our written Constitution through the Article V process.120 Article V, in short, is
seen as a dead end. This is not a new perspective on the difficulty of successfully using Article V. Writing in 1885, Woodrow Wilson decried the cumbrous
machinery of formal amendment erected by Article Five.121 Even earlier, at the adoption of the Constitution, John DeWitt doubted whether it
would ever be possible to amend the Constitution using Article V: [W]ho is there to be found among us, who can seriously
assert, that this Constitution, after ratification and being practiced upon, will be so easy of alteration?122 DeWitt believed states would have views
too different to meet Article Vs required supermajority threshol d: Where is the probability that three
fourths of the States in that Convention, or three fourths of the Legislatures of the different States, whose
interests differ scarcely in nothing short of everything , will be so very ready or willing materially to
change any part of this System, which shall be to the emolument of an individual State only?123 The answer, he
predicted, was that formal amendment would be rare.
Links to Circumvention
2AC
Its unpopular this link turns the aff and causes circumvention
Albert 14 (Richard Albert, Associate Professor at Boston College Law School, "Constitutional Disuse or Desuetude: The
Case of Article V." Boston University Law Review 94, (2014): 1029-., http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?
article=1758&context=lsfp, AB)
Political parties and increased political polarization may have exacerbated the difficulty of Article V. As
American political parties have become nearly evenly divided across both the federal and state
governments over the last two generations, writes David Kyvig, divisions within society together with the requirements
of Article V frustrated every attempt to bring about fundamental change. 132 Kyvig adds that the close balance
between political parties and among the forces of federalism alongside the centripetal power of the federal government and the centrifugal
strength of the states have combined to inhibit agreement on formal amendment.133 Daryl Levinson and Rick Pildes observe that political
parties in the United States today are both more internally ideologically coherent and more sharply
polarized than at any time since the turn of the twentieth century.134 Rick Pildes connects the onset of todays
hyperpolarized politics to the adoption of the Voting Rights Act of 1965: [T]his polarization reflects the deep structural and historical
transformation in American democracy unleashed in 1965 by the enactment of the VRA. That moment began the process of ideologically
realigning the political parties and of purifying them, so that both parties are far more ideologically coherent, and differentiated from each other,
than at any time in many generations. The
difficult because amendment difficulty turns upon a number of cultural considerations, such as the extent to which state politics differ from
national politics and the extent to which people are receptive to or skeptical about the general idea of constitutional amendment.137 The
difficulty of measuring amendment difficulty has not discouraged scholars from comparing amendment difficulty across nations. In such
measures, the
SSRA PICs
Amash-Conyers CP
2ac S/D
The Counterplan solves none of the affit doesnt dismantle the legal architecture
for surveillance which opens the door to executive circumvention.
The cp leaves databases and old data in place
Martin 13 [Kate Martin, Director, Center for National Security Studies. 7/23/13, Amash-Conyers
amendment to Defense Appropriations to stop bulk collection of Americans telephone metadata.
http://democrats.judiciary.house.gov/sites/democrats.judiciary.house.gov/files/images/CNSSAnalysis.pdf/
/jweideman]
Enacting this amendment will not leave the NSA in the dark. As outlined above, there are other existing
authorities that allow the collection of call data and such data is apparently already being kept by many of
the major telephone companies for at least a year. Moreover, the government apparently already has an
existing data-base of this information on millions if not billions of Americans phone calls going back at
least five years. This amendment does not address the retention or use of that database.
An analysis of 225 terrorism cases inside the United States since the Sept. 11, 2001, attacks has concluded
that the bulk collection of phone records by the National Security Agency has had no discernible impact
on preventing acts of terrorism. In the majority of cases, traditional law enforcement and investigative
methods provided the tip or evidence to initiate the case, according to the study by the New America
Foundation, a Washington-based nonprofit group. The study, to be released Monday, corroborates the
findings of a White House-appointed review group, which said last month that the NSA counterterrorism
program was not essential to preventing attacks and that much of the evidence it did turn up could readily have been obtained in a
timely manner using conventional [court] orders. Under the program, the NSA amasses the metadata records of phone numbers dialed and call lengths and times
of virtually every American. Analysts may search the data only with reasonable suspicion that a number is linked to a terrorist group. The content of calls is not
collected. The
new study comes as President Obama is deliberating over the future of the NSAs bulk
collection program. Since it was disclosed in June, the program has prompted intense debate over its legality, utility and privacy impact. Senior
administration officials have defended the program as one tool that complements others in building a more complete picture of a terrorist plot or network. And they
say it has been valuable in knocking down rumors of a plot and in determining that potential threats against the United States are nonexistent. Director of National
Intelligence James R. Clapper Jr. calls that the peace of mind metric. In an opinion piece published after the release of the review groups report, Michael Morell, a
former acting CIA director and a member of the panel, said the program needs to be successful only once to be invaluable. The researchers at the New America
Foundation found that the program provided evidence to initiate only one case, involving a San Diego cabdriver, Basaaly Moalin, who was convicted of sending
money to a terrorist group in Somalia. Three co-conspirators were also convicted. The cases involved no threat of attack against the United States. The overall
problem for U.S. counterterrorism officials is not that they need vaster amounts of information from the bulk surveillance programs, but that they dont sufficiently
understand or widely share the information they already possess that was derived from conventional law enforcement and intelligence techniques, said the report,
whose principal author is Peter Bergen, director of the foundations National Security Program and an expert on terrorism. In at least 48 instances, traditional
surveillance warrants obtained from the Foreign Intelligence Surveillance Court were used to obtain evidence through intercepts of phone calls and e-mails, said the
researchers, whose results are in an online database. More
Links to ptx
The amendment links to politics
OKeefe 13 [Ed, staff writer for the Washington Post. 6/24/13, Plan to defund NSA phone collection
program defeated http://www.washingtonpost.com/blogs/post-politics/wp/2013/07/24/plan-to-defundnsa-phone-collection-program-has-broad-support-sponsor-says///jweideman]
A controversial proposal to restrict how the National Security Agency collects telephone records failed to
advance by a narrow margin Wednesday, a victory for the Obama administration, which has spent
weeks defending the program since media leaks sparked international outrage about the agencys reach .
Lawmakers voted 217 to 205 to defeat the proposal by an unlikely political pairing: Rep. Justin Amash
(R-Mich.), a 33-year-old libertarian who often bucks GOP leadership and Rep. John Conyers (D-Mich.), an 84-year old liberal stalwart and the
chambers second longest-serving member. Usually divergent in their political views, they joined forces in recent weeks in response to revelations about the NSAs
ability to collect telephone and Internet records that were leaked by Edward Snowden, a former NSA contractor who is seeking asylum in Russia. Speaker John A.
Boehner (R-Ohio), who as head of the House rarely votes on legislation, voted against the amendment.
The plan would restrict how the NSA can collect bulk phone records and metadata under the Patriot Act.
Agency officials would be able to continue collecting telephone records, but only for people connected to
relevant ongoing investigations. The proposal also would require that secret Foreign Intelligence Surveillance Act (FISA) court opinions be made
available to lawmakers and that the court publish summaries of each opinion for public review. Conyers said the proposal would curtail the ongoing dragnet
collection and storage of the personal records of innocent Americans. House Intelligence Committee Chairman Mike Rogers (R-Mich.) blasted the Amash-Conyers
proposal Wednesday, calling it "inflammatory and certainly misleading." In an interview with a Michigan radio station ,
Title iii CP
S/D: Internet
Title 3 causes law enforcement overreach and wrecks internet innovation
Smith et al 2 [Marcia S. Smith, Jeffrey W. Seifert, Glenn J. McLoughlin, and John Dimitri Moteff
Resources, Science, and Industry Division at EPIC. Congressional Report. March 4, 2002. The Internet
and the USA PATRIOT Act: Potential Implications for Electronic Privacy, Security, Commerce, and
Government https://epic.org/privacy/terrorism/usapatriot/RL31289.pdf//jweideman]
III (as well as other provisions) may have a broader scope than many of its
supporters intend.17 While many are concerned that the civil liberties of individuals may be compromised if law enforcement
officials extend their reach, Title III may also have implications for a wide range of e-commerce activities.
It is unlikely that the Act will immediately affect retail e-commerce (e.g., online catalogue orders) or business-to-business e-commerce (e.g., the use of the Internet for
inventory ordering and management). While these forms of e-commerce are growing very rapidly, to date they have not been identified as being particularly
susceptible to misuse by terrorists. Retail
relevant provisions can be found in titles III , IV, VII, IX, and X, and are briefly discussed in
turn. ! Section 361 supercedes Treasury Order Number 105-08, establishes the Financial Crimes
Enforcement Network (FinCEN) in statute, and charges the bureau with, among other things, establishing
a financial crimes communication center to facilitate the sharing of information with law enforcement
authorities. This section also requires FinCEN to maintain a government-wide data access service for
information collected under anti-money laundering reporting laws, information regarding national and
international currency flows, as well as information from federal, state, local, and foreign agencies and
other public and private sources. ! Section 362 seeks to enhance cooperation between the federal government and the banking industry by directing
the Security of Treasury to establish a highly secure network in FinCEN to enable financial institutions to file reports required by the Bank Secrecy Act and receive
alerts regarding suspicious activities electronically.
S/D EU relations
Title 3 cant access EU privacy internal links
JonesDay 7 [Ranked among the world's most integrated law firms and best in client service, Jones Day
has locations in centers of business and finance throughout the world. Written by Robert Graves. 2007
Extraterritorial Application of the USA PATRIOT Act http://www.jonesday.com/files/News/2df0b6051cc3-4729-ae61-a0305551bbe5/Presentation/NewsAttachment/742ac421-2ea3-4f3f-b275a25219eb8eee/Foreign%20Bank%20Compliance%20with%20PATRIOT%20Act.pdf//jweideman]
The effort of the U.S. government to expand its subpoena powers over records held abroad has created
privacy concerns, particularly in Europe, where data protection is tightly regulated. The U.S. has no
general law of financial privacy analogous to the various European laws implemented pursuant to the
European Data Protection Directive. The Right to Financial Privacy Act18 protects against intrusion by the federal government without due
process, but the private market is regulated only lightly by a variety of statutes that operate primarily on the basis of notice and opt-out. The landmark
Supreme Court case of United States v. Miller, 425 U.S. 435 (1976), held that the U.S. Constitution does
not provide for a right to financial privacy. Lawmakers reacted swiftly, drafting the Right to Financial Privacy Act, which provided limited
protection against government access to customer financial records held by financial institutions. Regulation of financial data transferred
among private entities is far more limited. The Fair Credit Reporting Act19 states the circumstances in which financial data collected by
consumer reporting agencies may be disseminated to third parties. In limited circumstances, companies may share information
regarding a customers transactions with third parties without giving notice to the customer . A broader range of
information may be provided to affiliated companies. The Electronic Funds Transfer Act20 gives consumers using electronic fund transfer systems the right to require
financial institutions to provide information concerning disclosure of their account information to third parties. The Fair and Accurate Credit Transactions Act, which
amended provisions of the Fair Credit Reporting Act, prohibits affiliated companies from sharing customer information for marketing solicitation unless the consumer
is provided clear and conspicuous notification and an opportunity to opt-out.
Now, the other question you raise, Senator, is also key in this area. We
This
brings us to another question about the whole BSA/AML construct and that is: why has this been sold
to the American public in such a disingenuous manner? The American public largely believes the PATRIOT Act was passed under antiterrorism rubric. In fact, the banking system is not and will never be an effective vehicle to combat terrorist
financing. The 9/11 terrorists used approximately $500,000 over a period of several years to finance their
horrifying acts. During that time hundreds of trillions of dollars flowed through the banks of this country.
There were no characteristics or patterns that would have distinguished the 9/11 terrorists from any other
foreign students in the U.S. who received money from home and paid tuition and living expenses with
those funds. Nothing that U.S. banks are now being required to do will actually identify terrorists ; that
job must be done by old-fashioned investigative work by intelligence agencies. And we could certainly craft laws that will allow them access to financial records if
they have good cause to suspect terrorist financing is taking place.
a time when financial privacy has become a rallying cry, our citizens should
know the truth about the unprecedented government scrutiny of their financial activities by
deputizing their banks to indiscriminately spy on them. And this spying 74 E n g a g e Volume 6, Issue 2 is not limited
to terrorist financing; it is a general spy network that reports any unusual financial activity to the of abuse inherent in such a scheme. Back some 30 years ago, a
quaint regulation called Reg Q allowed banks to give out toasters to new customers who opened bank accounts. How far we have come? Now, under
the guise
of the USA PATRIOT Act, the Bank Secrecy Act and the AML regulations, instead of toasters banks are
required to give customers the equivalent of ankle bracelets to monitor their every move. This is not progress and
should not be viewed as consistent with the freedoms that the U.S. Constitution was established to protect.
impact of the Bank Secrecy Act and Title III on the U.S. economy is
staggering. This is a fact that has not been examined with any scholarly precision and is probably immeasurable in real dollars. But, cost structures of this
magnitude have to be passed on to the users of banking services either directly or indirectly. These costs are also putting U.S. banks in an
uncompetitive position in the rapidly globalizing world of financial services. There is also a significant but
unquantifiable loss of foreign investment in the United States. Because of enhanced due diligence on foreign-originated
transactions, many foreigners have become increasingly reluctant to do personal business or invest in the
United States. This trend is rapidly accelerating and will only be greatly exaggerated by the Treasury
Departments proposal to force U.S. financial institutions to collect and turn over data related to
crossborder wire transfers.7 This also comes at a time when the U.S. economy is most vulnerable and
can least afford such a foreign pullback. However it is not just the American consumer of banking services, or foreign investors, or the banks
themselves that are paying the price. An entire industry of money services businesses is being driven out of the banking
system and, in most instances, affecting those who can least afford it: the poor migrant and immigrant workers
who come to the U.S. to perform labor at low wages and who want to cash a check or send funds back
home to their families. Despite the Financial Crimes Enforcement Network (FinCEN) and the bank regulators having protested that they do not intend to
create this result, the facts speak for themselves: money transmitters are viewed as high risk customers and the enhanced due diligence requirements are so onerous
that bankers are faced with the Hobsons choice of either undertaking ongoing monitoring (of not just the bank customer but the customers customer) at great expense
or risking regulatory enforcement action. The only prudent decision is to withdraw from providing banking services to such money transmitters.8 But the money
transmitters arent alone in being deemed to be high risk. In a list that on its face is preposterous, the bank regulators have identified the following high risk
banking customers: Foreign banks Money Services Businesses (currency dealers or exchangers, check cashers, money transmitters, and issuers, sellers, or
redeemers of travelers checks, money orders and stored value cards) Non-bank financial institutions (casinos (tribal and non-tribal), card clubs, brokers and dealers
in securities) Senior foreign political figures and their family members and close associates Non-resident aliens and accounts of foreign persons Foreign
corporations with transaction accounts, particularly offshore corporations in high-risk geographies Deposit brokers, particularly foreign deposit brokers Cash
intensive businesses (e.g., convenience stores, restaurants, retail stores, liquor stores, cigarette distributors, privately owned ATM operators, vending machine
operators, and parking garages) Non-governmental organizations and charities (domestic and foreign) Professional service providers (attorneys, accountants,
doctors, real estate brokers) Import-export companies Jewelry, gem and precious metal dealers Travel agencies Car, boat and airplane dealerships With this
guidance for high risk is there any wonder banks are filing hundreds and thousands of useless SARs which are ignored by the very government that mandates them?
9 Each
new SAR builds an even denser haystack in which the needle becomes more imperceptibility
embedded. And, if and when a terrorist attack actually takes place, somewhere an ignored SAR will be
languishing among the hundreds of thousands of SARs filed because of the current indiscriminate
regulatory environment.
History teaches us that for politically-driven market systems to function effectively, financial institutions
must play a prominent role in the market evolution process. From the creation of initial demand for an
underlying good or service (as in the U.S. SO2 market in the 1990s), to the promulgation of transaction regulations, the protection of property rights
and enforceable legal ownership provisions, and the requirement for transparency and disclosure, the finance sector has a critical role to play
in creating the right conditions for market-based, commodity-oriented solutions to thrive 3. Valuable
experience in creating markets around the energy sector has already been acquired, so that commentators
believe that the process of developing a mature market for carbon may take as little as five years (see Figure 2).
As Module I showed, policymakers are now united in their belief that market solutions will play a pivotal role in
whatever course of strategy national and regional lawmakers take, whether this is the Kyoto Protocol; the
voluntary carbon intensity method (as advanced by the U.S.); Contraction and Convergence. And for market
solutions to function effectively, financial institutions must play a full and active role in their development
and operation (see box insert). From discussions with financial institutions and other GHG market specialists during the course of this study, the
following suggestions can be made on how financial institutions can effectively deliver market solutions
to the climate change problem:
o Helping to structure and monitor an efficient market system by working with securities and
exchange regulators, actuaries, accountants and other agents of the financial markets
o Meeting statutory responsibilities and voluntary commitments to look at social and
environmental issues and in doing so focus greater attention on climate change as an analytical
factor.
o Working to create other conditions crucial to the formation of an efficient emissions trading
system i.e., a standardized commodity; standardized trade characteristics, organized exchanges,
etc.
o Creating and providing products and services that contribute towards adaptation and mitigation
efforts (such as weather derivatives and catastrophe bonds)
o Reexamining the extent to which fiduciary duties may necessitate examining potential sector and
company risk relating to climate change, and factoring this into their proxy voting strategies.
o Managing their own property risks arising from extreme weather events and pursuing leadership
in areas such as energy efficiency within their own property portfolio.
Moreover,
financial institutions have a key role to play in advising companies and investors on the
potential market risks associated with climate change and government GHG regulation , in the raising of finance for
GHG projects, in structuring deals for potential vendors and purchasers of emissions credits, and in developing solutions to manage financing risks. Indeed, banks
and insurance companies are used to dealing with highly complex issues, and over the years have
developed carefully conceived, proprietary quantitative risk management methodologies to help them
characterize and value complex risk scenarios.
The Earth is warming so rapidly that unless humans can arrest the trend, we risk becoming ''extinct'' as a
species, a leading Australian health academic has warned. Helen Berry, associate dean in the faculty of health at the
University of Canberra, said while the Earth has been warmer and colder at different points in the planet's history,
the rate of change has never been as fast as it is today. ''What is remarkable, and alarming, is the speed of the change since
the 1970s, when we started burning a lot of fossil fuels in a massive way,'' she said. ''We can't possibly evolve to
match this rate [of warming] and, unless we get control of it, it will mean our extinction eventually.''
Professor Berry is one of three leading academics who have contributed to the health chapter of a Intergovernmental Panel on Climate Change
(IPCC) report due on Monday. She and co-authors Tony McMichael, of the Australian National University, and Colin Butler, of the University of
Canberra, have outlined the health risks of rapid global warming in a companion piece for The Conversation, also published on Monday. The
three warn that the adverse effects on population health and social stability have been ''missing from the discussion'' on climate change.
''Human-driven climate change poses a great threat, unprecedented in type and scale, to wellbeing, health
and perhaps even to human survival,'' they write. They predict that the greatest challenges will come from undernutrition and
impaired child development from reduced food yields; hospitalisations and deaths due to intense heatwaves, fires and
other weather-related disasters; and the spread of infectious diseases . They warn the ''largest impacts'' will be
on poorer and vulnerable populations, winding back recent hard-won gains of social development
programs. Projecting to an average global warming of 4 degrees by 2100, they say ''people won't be able to cope, let alone work productively,
in the hottest parts of the year''. They say that action on climate change would produce ''extremely large health benefits'', which would greatly
outweigh the costs of curbing emission growth. A leaked draft of the IPCC report notes that a warming climate would lead to fewer cold weatherrelated deaths but the benefits would be ''greatly'' outweighed by the impacts of more frequent heat extremes. Under a high emissions scenario,
some land regions will experience temperatures four to seven degrees higher than pre-industrial times, the report said. While
some
adaptive measures are possible, limits to humans' ability to regulate heat will affect health and potentially
cut global productivity in the warmest months by 40 per cent by 2100. Body temperatures rising above 38
degrees impair physical and cognitive functions, while risks of organ damage, loss of consciousness and
death increase sharply above 40.6 degrees, the draft report said. Farm crops and livestock will also
struggle with thermal and water stress. Staple crops such as corn, rice, wheat and soybeans are assumed to
face a temperature limit of 40-45 degrees, with temperature thresholds for key sowing stages near or
below 35 degrees, the report said.
In short, moving
to a low-carbon global economy and increasing climate resilience in developing nations will
require significant capital outside of normal government channels and beyond business as usual . Indeed it
will involve one of the largest market and economic transitions in modern global society. Given this reality, the
finance sector has a key role to play in helping address climate change in terms of assisting developing
countries with adaptation. Public finance actors, such as the World Bank and the newly created Green Climate Fund, tend to take the spotlight here.
Far less attention has been given to the potential of and processes for directly engaging private finance
sector actors as positive societal change-agents . Specifically, transnational private sector financial actors
that are headquartered in developed countries are global economic gatekeepers and financial
intermediaries, making them critical actors in the transition to a low-carbon global economy. They comprise
insurers (especially re-insurers), institutional investors (especially pension funds) and banks. The potential of these private finance actors to assist climate change
adaptation in developing nations and also the shift to a low-carbon economy globally has been largely unnoticed by scholars and policy-makers. The purpose of this
article is to demonstrate that we
need to start paying attention now. Public Climate Finance The role of financial capital in
addressing climate change becomes clear by examining its relevance to sustainable development and the
environment more generally. Financial support for projects and technological innovation will almost
always have environmental effects of some kind whether adverse or beneficial. Wholesale decisions regarding future development often arise in
the finance sector; so this is where future pressures on the environment begin . As Richardson notes: [i]f sustainable
development is understood to imply, among other things, maintenance of natural and human-made capital for posterity, the role of capital markets must be recognized
as pivotal to this goal. (2006:309) Since the 2007 Bali
Private sector entities (like Google or Coca Cola) can provide funds through the GCFs External Affairs
division, alongside public contributions. This raises the second concern: that a vital opportunity to directly engage the private finance sector
will be missed under these arrangements. Neither the PSF nor the External Affairs (donations) division will capture or engage multinational and transnational financial
intermediaries, such as a large U.S. pension fund or a European bank. Why does this matter? Private
climate change efforts because, as noted by Lord Stern, reducing emissions and adjusting to climate
change involves investment and risk (UNEPFI 2007:2).
Finally, there is one major existential threat to American security (as well as prosperity) of a nonviolent
nature, which, though far in the future, demands urgent action. It is the threat of global warming to the stability of the climate upon
which all earthly life depends. Scientists worldwide have been observing the gathering of this threat for three decades now, and what was once a mere
possibility has passed through probability to near certainty. Indeed not one of more than 900 articles on
climate change published in refereed scientific journals from 1993 to 2003 doubted that anthropogenic
warming is occurring. In legitimate scientific circles, writes Elizabeth Kolbert, it is virtually
impossible to find evidence of disagreement over the fundamentals of global warming. Evidence from a
vast international scientific monitoring effort accumulates almost weekly, as this sample of newspaper reports shows: an
international panel predicts brutal droughts, floods and violent storms across the planet over the next century; climate change could literally alter ocean currents,
wipe away huge portions of Alpine Snowcaps and aid the spread of cholera and malaria; glaciers in the Antarctic and in Greenland are melting much faster than
expected, andworldwide, plants are blooming several days earlier than a decade ago; rising sea temperatures have been accompanied by a significant global
increase in the most destructive hurricanes; NASA scientists have concluded from direct temperature measurements that 2005 was the hottest year on record, with
Earths warming climate is estimated to contribute to more than 150,000 deaths and 5
million illnesses each year as disease spreads; widespread bleaching from Texas to Trinidadkilled broad swaths of corals due to a 21998 a close second;
degree rise in sea temperatures. The world is slowly disintegrating, concluded Inuit hunter Noah Metuq, who lives 30 miles from the Arctic Circle. They call it
climate changebut we just call it breaking up. From the founding of the first cities some 6,000 years ago until the beginning of the industrial revolution, carbon
dioxide levels in the atmosphere remained relatively constant at about 280 parts per million (ppm). At present they are accelerating toward 400 ppm, and by 2050 they
will reach 500 ppm, about double pre-industrial levels. Unfortunately, atmospheric CO2 lasts about a century, so there is no way immediately to reduce levels, only to
slow their increase, we are thus in for significant global warming; the only debate is how much and how serous the effects will be. As the newspaper stories quoted
we are already experiencing the effects of 1-2 degree warming in more violent storms, spread of
disease, mass die offs of plants and animals, species extinction , and threatened inundation of low-lying
countries like the Pacific nation of Kiribati and the Netherlands at a warming of 5 degrees or less the Greenland and West Antarctic ice sheets
could disintegrate, leading to a sea level of rise of 20 feet that would cover North Carolinas outer banks,
swamp the southern third of Florida, and inundate Manhattan up to the middle of Greenwich Village.
above show,
Another catastrophic effect would be the collapse of the Atlantic thermohaline circulation that keeps the winter weather in Europe far warmer than its latitude would
otherwise allow. Economist William Cline once estimated the damage to the United States alone from moderate levels of warming at 1-6 percent of GDP annually;
severe warming could cost 13-26 percent of GDP. But the most frightening scenario is runaway greenhouse warming, based on positive feedback from the buildup of
water vapor in the atmosphere that is both caused by and causes hotter surface temperatures. Past ice age transitions, associated with only 5-10 degree changes in
Faced
with this specter, the best one can conclude is that humankinds continuing enhancement of the natural
greenhouse effect is akin to playing Russian roulette with the earths climate and humanitys life support
system. At worst, says physics professor Marty Hoffert of New York University, were just going to burn
everything up; were going to heat the atmosphere to the temperature it was in the Cretaceous when there
were crocodiles at the poles, and then everything will collapse. During the Cold War, astronomer Carl Sagan popularized a
average global temperatures, took place in just decades, even though no one was then pouring ever-increasing amounts of carbon into the atmosphere.
theory of nuclear winter to describe how a thermonuclear war between the Untied States and the Soviet Union would not only destroy both countries but possibly end
life on this planet.
Global warming is the post-Cold War eras equivalent of nuclear winter at least as serious and
considerably better supported scientifically. Over the long run it puts dangers from terrorism and
traditional military challenges to shame. It is a threat not only to the security and prosperity to the United
States, but potentially to the continued existence of life on this planet
an improving economy, new liquidity and capital constraints will create major headwinds
for profitability in 2015, making balance sheet optimization a top priority. This is particularly so for the largest banks, which
have to comply with the LCR rule in 2015. These institutions will have to hold enough liquid assets to weather 30 days of serious market stress. As a result, their
balance sheets will be burdened with more low-yielding assets. This pressure and low loan originations have already resulted in a greater share of securities on banks
balance sheets, as shown in Figure 5. To minimize the pressure on NIM, firms will look to control funding costs by replacing wholesale funds with retail deposits. Yet,
Aff Answers
2AC No Solvency
No solvency electronic data creates overload and massive cost overruns for public
health institutions.
Lenert and Sundwall 12 Leslie Lenert, with the Department of Medicine, and David N.
Sundwall, with the Department of Family and Preventive Medicine, School of Medicine, 2012 (Public
Health Surveillance and Meaningful Use Regulations: A Crisis of Opportunity, U.S National Library of
Medicine, March, Available Online at: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3487683/,
Accessed: 7-26-2015)
Meaningful use regulations pose a significant challenge for public health officials: they require public
health institutions to be able to receive data transmissions in forms specified by ONC. This is likely to
become a substantial problem because of the many types of health information technology (IT) systems,
the number of different providers, the relative immaturity of standards, and the costs of becoming
compliant with these requirements. If public health departments are not able to support connectivity,
health care providers and hospitals in their jurisdiction are exempted from requirements to provide data to
these departments.2
Furthermore, meaningful use requirements are designed to evolve rapidly: in stage 2, scheduled to begin
in 2014, public health departments are expected to be able to receive data regularly from clinical
providers for notifiable conditions, immunizations, and syndromic surveillance. In stage 3, beginning in
2015, electronic health records systems with new capabilities, such as the ability to work with public
health alerting systems and on-screen buttons for submitting case reports to public health are
envisioned.4 Public health departments will be required not just to upgrade their systems once, but also to
keep up with evolving changes in the clinical care system prompted by meaningful use regulations.
The size of the task facing public health departments to manage receipt of data from the clinical care
system is daunting. With more than 5000 individual hospitals (>3700 independent hospitals) 5 and more
than 230000 physician practices in the United States, 6 each of which might require a unique connection
to 1 or more public health departments at the state and local levels, the task of building an integrated
infrastructure is significant. Even with anticipated consolidation of practices and hospitals through health
information exchanges, it will be costly and difficult. Furthermore, the requirement for continual
evolution of the types of communications proposed for meaningful use adds to the problem. Each
connection between public health departments and clinical care providers may need to be revised several
times as requirements evolve. Where are state and local public health departments to find the funds to
adapt their IT systems to this massive and constantly evolving data stream?
1AR- No Solvency
Surveillance data overloads public health departments and prevents solvency they
dont have sufficient infrastructure or resources to deal with electronic data.
Lenert and Sundwall 12 Leslie Lenert, with the Department of Medicine, and David N.
Sundwall, with the Department of Family and Preventive Medicine, School of Medicine, 2012 (Public
Health Surveillance and Meaningful Use Regulations: A Crisis of Opportunity, U.S National Library of
Medicine, March, Available Online at: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3487683/,
Accessed: 7-26-2015)
Data from a recent survey by the Association of State and Territorial Health Officers suggest that public
health departments are ill prepared to meet even the initial requirements for surveillance system s.7 Fewer
than 45% of state health departments reported being ready to test receiving meaningful use data on
syndromic surveillance. Rates of reported readiness for testing of notifiable diseases and immunization
data were higher, but additional work is needed. The most common obstacle, as might be expected (37 of
48 respondents), is a lack of funding. The benefits of upgrading to be able to receive messages from
meaningful use are not clear: one survey respondent said,
Updating our [ELR] infrastructure will cost over $100000 including re-certification . Updating
will not provide any real benefit to us as the Public Health Department.7(p13)
Local health departments likely face even greater challenges in responding to meaningful use. A recent
National Association of City and County Health Officials survey of local health departments found that
72% identified insufficient funding among their top 3 barriers to system development.8 However, money
is not the only problem. Lack of time or resources to divert from current programs and responsibilities
was a top barrier to system development for 55% of survey respondents.
A further problem is growth in the volume of data that will come to the public health systems . Estimates
from the Indiana Health Information Exchange suggest that automation of reporting for notifiable
diseases will increase the volume of reported diseases about 4 to 10 times over that of manual
reporting.9 New systems and work flows will be needed to process these reports, for example, automating
access to electronic medical records to facilitate case investigation. Increases in the volume of data for
syndromic systems could be much greater. Many local agencies with functional systems only receive
syndromic data from a few hospitals in their jurisdiction.
Demands on immunization registries also will increase, because providers are essentially mandated to
report immunizations to registries, potentially overwhelming existing infrastructure. New kinds of
capabilities are also envisioned for later stages of meaningful use, such as linking electronic health
records with chronic disease registries, buttons for reporting of notifiable diseases, and vaccine
forecasting.4Therefore, public health readiness for meaningful use requires more than a 1-time
investment: it requires ongoing upgrades of public health infrastructure.
2AC No Impact
Bioterrorism is unlikely and alt causes to solvency hard to access to technology
and alarmism disprove.
Leitenberg 9 Milton Leitenberg, Swedish Institute of International Affairs and the Center for
International Studies Peace Program at Cornell University, and he has been a Senior Fellow at CISSM,
2009 (THE SELF-FULFILLING PROPHECY OF BIOTERRORISM, Nonproliferation Review,
March, Available Online at: http://cns.miis.edu/npr/pdfs/161_review_leitenberg.pdf, Accessed: 7-272015)
The intellectual history of touting the bioterrorist threat is a dubious one. It began in 1986 with an attack
on the validity of the BWC by Douglas Feith, then an assistant to Richard Perle in President Ronald
Reagans Defense Department and more recently undersecretary of defense for policy until August 2005.
Feith introduced the idea that advances in the microbiological sciences and the global diffusion of the
relevant technology heighten the threat of BW use. Though advances in molecular genetics and
globalization increased drastically by 2008 in comparison to 1986, the number of states that maintain
offensive BW programs has not. And despite the global diffusion of knowledge and technology, the threat
of terrorist networks creating BW is low. But the invocation of overly alarmist themes continues. In 2005,
Tara OToole, chief executive officer and director of the Center for Biosecurity at the University of
Pittsburgh Medical Center, said, This is not science fiction. The age of Bioterror is now.31 It hardly
comes as a surprise to learn that the office of Vice President Cheney was the driving force behind the
Bush administrations emphasis on bioterrorism.32 But one vital point missed by Clark is that Cheney
was influenced by, among other things, the very same Dark Winter scenario with which Clark opens
his book. The other influences on Cheney were a veritable hysteria of fears and phantoms in the White
House following the 9/11 and the Amerithrax attacks, several of which concerned the potential of terrorist
use of BW and which reportedly led Cheney to believe he might soon become a victim.33 What must be
noted is that although Al Qaedas interest in BW failed, the groups efforts were specifically provoked by
the severely overheated discussion in the United States about the imminent dangers of bioterrorism. A
message from Ayman al-Zawahiri to his deputy on April 15, 1999, noted that we only became aware of
them [BW] when the enemy drew our attention to them by repeatedly expressing concerns that they can
be produced simply with easily available materials.34 (In a similar vein, terrorism expert Brian Jenkins
of the RAND Corporation has been at pains to point out that, We invented nuclear terror.)35 If in the
coming decades we do see a successful attempt by a terrorist organization to use BW, blame for it can be
in large part pinned on the incessant scaremongering about bioterrorism in the United States, which has
emphasized and reinforced its desirability to terrorist organizations.
No bioterrorism four failed incidents disprove and future attacks are unlikely.
Leitenberg 9 Milton Leitenberg, Swedish Institute of International Affairs and the Center for
International Studies Peace Program at Cornell University, and he has been a Senior Fellow at CISSM,
2009 (THE SELF-FULFILLING PROPHECY OF BIOTERRORISM, Nonproliferation Review,
March, Available Online at: http://cns.miis.edu/npr/pdfs/161_review_leitenberg.pdf, Accessed: 7-272015)
Finally, the history of attempts by non-state actors to develop or use biological agents has been
remarkably limited. The significant episodes are all well known, and Clark, a research scientist and
professor of immunology, briefly summarizes them in Bracing for Armageddon? The first was the use of
Salmonella, a bacterium that causes diarrhea, in the United States in 1984 by the Rajneeshshee cult, in
The Dalles, Oregon, in a failed attempt to influence a local election. The second was Aum Shinrikyos
19901993 failed effort to obtain and culture strains of Clostridium botulinum and Bacillus anthracis and
disperse the resulting products. The group never succeeded in obtaining a pathogenic strain of either
organism, and its culturing and dispersal efforts also came to naught. The third was the effort by Al Qaeda
in Afghanistan between 1997 and 2001 to obtain a pathogenic culture of B. anthracis and to initiate work
with the organism. Once again, the effort failed, as the organization was unable to obtain a pathogenic
strain of B. anthracis. Al Qaedas work was incompetent in the extreme and had barely advanced beyond
early speculation by the time a joint allied military team raided and occupied its facilities in December
2001. The last significant episode was the dispersal of a purified, dry powder preparation of B. anthracis
sent through the U.S. postal system to multiple addressees in September and October 2001*the so-called
Amerithrax incidents. The Al Qaeda and the Amerithrax events are the most significant. The barely
initiated, rudimentary, and failed attempt by Al Qaeda is important because of the nature of the group*a
true international terrorist organization with a wide organizational THE SELF-FULFILLING
PROPHECY OF BIOTERRORISM 99 structure, demonstrated initiative, and a record of successful,
albeit conventional, attacks. The Amerithrax attacks are significant because of the nature of the material
prepared and the perpetrator; the mailings demonstrate what a professional is capable of, but identifying
the perpetrator was essential to explaining who could make such a product and under what conditions. In
other words, identification would provide critical insight into both the likelihood of international terrorist
organizations developing similar capabilities and how quickly such a threat could emerge. It is notable
that since the interruption of the Al Qaeda BW project in December 2001, there are no indications that the
group has resumed those efforts.24 (Accounts of Al Qaeda offshoot groups in the United Kingdom,
France, or Iraq producing ricin are all spurious.) There have also been no publicly identified indications
that any other international terrorist group has initiated the development of BW agents i n the intervening
years
SOX PIC
Negative
1NC
their growth by requiring them to spend excessive amounts of money and time on implementing
regulations.
known today as it has evolved into the World Bank (WB); and the commitment to free trade. Conference
attendees initially debated the creation of the International Trade Organization, which at the time proved
to be a bridge too far, and thus they settled on the General Agreement on Tariffs and Trade (GATT).
Through a series of multinational negotiating rounds and agreements, culminating in the creation of the
World Trade Organization (WTO) in 1995, GATT, and now the WTO, have succeeded in broad tariff
reductions and a dramatic increase in global trade. The liberal world economy, based on open markets
and free trade, and managed by rules-based, international monetary and trade regimes, has
furthered both individual and collective interests and promoted international cooperation. When it
comes to the support for international institutions, the President is correct in highlighting their
importance. But some of that support should also be expressed in action, particularly as it relates to the
global economy. Once again the President is right to focus on the key source of American strength: a
growing economy, and there is nothing wrong with domestic nation building, but only if it does not
replace an equal emphasis on the management and continued engagement in geoeconomic affairs.
2NC Solvency
Fraud erodes small firms Hurts the economy
Bhasin 13, (Bang College of Business, KIMEP University, Almaty, Republic of Kazakhstan,
Corporate Accounting Fraud: A Case Study of Satyam Computers Limited, March 2013, Open Journal
of Accounting)
Organizations of all types and sizes are subject to fraud. On a number of occasions over the past few decades, major public
companies have experienced financial reporting fraud, resulting in turmoil in the capital markets, a
loss of shareholder value, and, in some cases, the bankruptcy of the company itself. Although, it is generally accepted that the SarbanesOxley Act has improved corporate governance and decreased the incidence of fraud, recent studies and surveys indicate that investors and management
continue to have concerns about financial statement fraud. For example: found that financial statement fraud, while representing less than five percent of the cases of
fraud in its report, was by far the most costly, with a median loss of $1.7 million per incident. Survey
The good news is there are programs and support organizations around the country trying to help small businesses gain the tools they need to be sustainable and profitable ventures. For example,
last week I attended an event to mark the launch of Goldman Sachs 10,000 Small Businesses initiative in Cleveland, Ohio the 7th city to become part of the program. The investment firm and its
foundation are taking an integrated approach to help small businesses around the country create jobs and economic opportunity by providing them with greater access to business education,
financial capital, and business support services. The goal is to help established small businesses get to the next level, as opposed to other programs that focus on supporting only start-ups and
aspiring entrepreneurs. There is also an emphasis on diversity and selecting businesses that are representative of the communities that the program serves. According to a Goldman Sachs
Small businesses play a vital role in creating jobs and growth in Americas economy.
Through 10,000 Small Businesses we are providing the skills, capital and mentoring small
businesses need to grow, create jobs and build more prosperous neighborhoods. This unique program is tailored to each
spokesperson,
local market by an outstanding team of local partners led be leading community colleges. Already we are seeing 10,000 Small Businesses participants increasing revenues and creating jobs.
Goldman Sachs $500 million program is aimed at reaching 10,000 small businesses nationwide. A $15 million investment in the City of Cleveland will help companies gain access to business
classes at community colleges, like Cuyahoga Community College, as well as other opportunities for grants or loans.
Turn Small Corps. Exploit SOX by intentionally being valued under $75 Million
Gao 08, Unintended Consequences of Granting Small Firms Exemptions from Securities Regulation:
Evidence from the Sarbanes-Oxley Act, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1014054,
Associate Professor of Accounting at the University of Illinois at Chicago College of Business
Administration)
Second, we document a heretofore unrecognized consequence of SOX non-accelerated filers
keeping their public float below $75 million. Prior studies suggest SOX can change a firms costbenefit
tradeoff of participating in U.S. public capital markets (Engel et al., 2007; Leuz et al., 2007; Piotroski and
Srinivasan, 2007; Hostak et al., 2007; and Gao, 2007). Our results indicate that for firms remaining
public, SOX also altered their incentives to grow. Lower growth has social welfare implications if it
affects employment, wealth creation, and real investment. Finally, we provide additional evidence on
the economic consequences of SOX and in particular, its Section 404 provisions on internal controls, for
small public companies. A common theme emerging from prior studies is that SOX more adversely
affects small firms (Engle et al., 2007; Leuz et al., 2007; and Piotroski and Srinivasan, 2007). Our
findings add to this literature and are consistent with the view that Section 404 of SOX imposes net costs
on small businesses (e.g. Ribstein, 2002; Gordon, 2003; Romano, 2005; Holmstrom and Kaplan, 2003).