The recent USA Freedom Act, did not reform the NSAs the mass collection of

domestic communication under Section 702 of the FISA Amendments Act.

Goitein 15,
Elizabeth, Co-Director of the Brennan Center for Justices Liberty and National Security Program, 6-52015, "Who really wins from NSA reform?," MSNBC, http://www.msnbc.com/msnbc/freedom-act-whoreally-wins-nsa-reform
The USA Freedom Act will end the bulk collection of phone metadata and prohibit similar programs for any
type of business records under foreign intelligence collection authorities. For phone records, the government may
obtain metadata on an ongoing basis only for suspected terrorists and those in contact with them. For other types of records, the government
must tie its request for records to a specific selection term, such as a person, address, or account. Given the surge in surveillance since 9/11,
the USA Freedom Acts imposition of constraints on collection is historic. Indeed, the USA Freedom Act is the most significant limitation on
foreign intelligence surveillance since the 1970s. If faithfully implemented a critical caveat, to be sure the law will meaningfully curtail the
overbroad collection of business records. Even

under USA Freedom, however, the government is still able to pull(s) in a

great deal of information about innocent Americans. Needless to say, not everyone in contact with a suspected terrorist is
guilty of a crime; even terrorists call for pizza delivery. Intelligence officials also may need to obtain records like flight manifests that include
information about multiple people, most of whom have nothing to do with terrorism. Some of this overcollection may be inevitable, but its
effects could be mitigated. For instance, agencies could be given a short period of time to identify information relevant to actual suspects, after
which they would have to destroy any remaining information. USA Freedom fails to impose such limits. More fundamentally, bulk collection of
business records is only one of the many intelligence activities that abandoned the individualized suspicion approach after 9/11. Until

a few
years ago, if the NSA, acting within the United States, wished to obtain communications between
Americans and foreigners, it had to convince the FISA Court that the individual target was a foreign
power or its agent. Today, under Section 702 of the FISA Amendments Act, the NSA may target any
foreigner overseas and collect his or her communications with Americans without obtaining any
individualized court order. Under Executive Order 12333, which governs the NSAs activities when it conducts surveillance overseas,
the standards are even more lax. The result is mass surveillance programs that make the phone metadata
program seem dainty in comparison. Even though these programs are nominally targeted at foreigners,
they incidentally sweep in massive amounts of Americans data, including the content of calls, e-mails,
text messages, and video chats. Limits on keeping and using such information are weak and riddled with exceptions. Moreover,
foreign targets are not limited to suspected terrorists or even agents of foreign powers. As the Obama
administration recently acknowledged, foreigners have privacy rights too, and the ability to eavesdrop on any
foreigner overseas is an indefensible violation of those rights. Intelligence officials almost certainly supported USA Freedom because they
hoped it would relieve the post-Snowden pressure for reform. Their likely long-term goal is to avoid changes to Section 702, Executive Order
12333, and the many other authorities that permit intelligence collection without any individualized showing of wrongdoing. Privacy

advocates who supported USA Freedom did so because they saw it as the first skirmish in a long battle
to rein in surveillance authorities. Their eye is on the prize: a return to the principle of individualized
suspicion as the basis for surveillance. If intelligence officials are correct in their calculus, USA Freedom may prove to be a Pyrrhic
victory. But if the law clears the way for further reforms across the full range of surveillance programs, history will vindicate the privacy
advocates who supported it. The

answer to what USA Freedom means for our liberties lies, not in the text of the
law, but in the unwritten story of what happens next.

And, the NSA has massively expanded its surveillance since 2008, American internet
communication have been intercepted by NSA surveillance operations far more often
than the intended surveillance targets.
Gellman, 2014
Barton Gellman, Washington Post national staff. Contributed to three Pulitzer Prizes for The Washington
Post, 7-5-2014, "In NSA-intercepted data, those not targeted far outnumber the foreigners who are,"
Washington Post, https://www.washingtonpost.com/world/national-security/in-nsa-intercepted-datathose-not-targeted-far-outnumber-the-foreigners-who-are/2014/07/05/

Ordinary Internet users, American and non-American alike, far outnumber legally targeted foreigners in
the communications intercepted by the National Security Agency from U.S. digital networks, according to a
four-month investigation by The Washington Post. Nine of 10 account holders found in a large cache of intercepted
conversations, which former NSA contractor Edward Snowden provided in full to The Post, were not the intended surveillance
targets but were caught in a net the agency had cast for somebody else. Many of them were Americans. Nearly half
of the surveillance files, a strikingly high proportion, contained names, e-mail addresses or other details
that the NSA marked as belonging to U.S. citizens or residents. NSA analysts masked, or minimized, more than 65,000 such
references to protect Americans privacy, but The Post found nearly 900 additional e-mail addresses, unmasked in the files, that could be strongly linked to U.S.
citizens or U.S.residents. The

surveillance files highlight a policy dilemma that has been aired only abstractly in
public. There are discoveries of considerable intelligence value in the intercepted messages and collateral harm
to privacy on a scale that the Obama administration has not been willing to address. Among the most valuable
contents which The Post will not describe in detail, to avoid interfering with ongoing operations are fresh revelations about a secret overseas nuclear project,
double-dealing by an ostensible ally, a military calamity that befell an unfriendly power, and the identities of aggressive intruders into U.S. computer networks.
Months of tracking communications across more than 50 alias accounts, the files show, led directly to the 2011 capture in Abbottabad of Muhammad Tahir
Shahzad, a Pakistan-based bomb builder, and Umar Patek, a suspect in a 2002 terrorist bombing on the Indonesian island of Bali. At the request of CIA officials, The
Post is withholding other examples that officials said would compromise ongoing operations. Many

other files, described as useless by the

analysts but nonetheless retained, have a startlingly intimate, even voyeuristic quality. They tell stories of love and
heartbreak, illicit sexual liaisons, mental-health crises, political and religious conversions, financial anxieties and disappointed hopes. The daily lives of more than
10,000 account holders who were not targeted are catalogued and recorded nevertheless. In order to allow time for analysis and outside reporting, neither

The cache Snowden

provided came from domestic NSA operations under the broad authority granted by Congress in 2008
with amendments to the Foreign Intelligence Surveillance Act. FISA content is generally stored in closely controlled data
Snowden nor The Post has disclosed until now that he obtained and shared the content of intercepted communications.

repositories, and for more than a year, senior government officials have depicted it as beyond Snowdens reach.The Post reviewed roughly 160,000 intercepted email and instant-message conversations, some of them hundreds of pages long, and 7,900 documents taken from more than 11,000 online accounts. The material
spans President Obamas first term, from 2009 to 2012, a period of exponential growth for the NSAs domestic collection. Taken together, the

files offer an
unprecedented vantage point on the changes wrought by Section 702 of the FISA amendments, which
enabled the NSA to make freer use of methods that for 30 years had required probable cause and a
warrant from a judge. One program, code-named PRISM, extracts content stored in user accounts at Yahoo,
Microsoft, Facebook, Google and five other leading Internet companies . Another, known inside the NSA as Upstream, intercepts
data on the move as it crosses the U.S. junctions of global voice and data networks. No government
oversight body, including the Justice Department, the Foreign Intelligence Surveillance Court, intelligence committees in Congress or the presidents Privacy
and Civil Liberties Oversight Board, has delved into a comparably large sample of what the NSA actually collects
not only from its targets but also from people who may cross a targets path.

Plan: The United States federal government should limit the scope of its domestic surveillance under
Section 702 of the Foreign Intelligence Surveillance Act to communications whose sender or recipient
is a valid intelligence target and whose targets pose a tangible threat to national security.

First, surveillance under Section 702 is a substantial invasive of privacy because of the
broad targeting guidelines in the FISA Amendments Act.
Laperruque, 2014,
Jake, Center for Democracy and Tehcnology Fellow on Privacy, Surveillance, and Security. Previously
served as a law clerk for Senator Al Franken on the Subcommittee on Privacy, Technology, and the Law,
and as a policy fellow for Senator Robert Menendez. "Why Average Internet Users Should Demand
Significant Section 702 Reform," Center For Democracy & Technology., 7-22-2014,
https://cdt.org/blog/why-average-internet-users-should-demand-significant-section-702-reform/
Section 702 Surveillance Is Fundamentally More Invasive
While incidental collection of the communications of a person who communicates with a target is an inevitable feature of communications

In other
instances of communications surveillance conducted in the US, surveillance required court approval of a
target, and that target must be a suspected wrongdoer or spy, a terrorist, or another agent of a foreign
power. Section 702 requires neither of these elements.
Under Section 702, targeting can occur for the purpose of collecting foreign intelligence information
even though there is no court review of any particular target. Instead, the super secret FISA court merely determines
surveillance, it is tolerated when the reason for the surveillance is compelling and adequate procedural checks are in place.

whether the guidelines under which the surveillance is conducted are reasonably designed to result in the targeting of non-Americans abroad
and that minimization guidelines are reasonable. This means

incidental surveillance may occur purely because

someone communicated with an individual engaged in activities that may have broadly defined foreign
intelligence value. For example, the communications of someone who communicates with a person abroad
whose activities might relate to the conduct of U.S. foreign affairs can be collected, absent any
independent assessment of necessity or accuracy.
As another example, under traditional FISA for intelligence surveillance in the U.S. of people in the U.S. your communications could be
incidentally collected only if you were in direct contact with a suspected agent of a foreign power, and additionally if the Foreign Intelligence

Under Section 702, your personal information

could be scooped up by the NSA simply because your attorney, doctor, lover, or accountant was a
person abroad who engaged in peaceful political activity such as protesting a G8 summit.
Surveillance Court had affirmed this suspicion based on probable cause.

And, indiscriminate wide-scale NSA Surveillance erodes privacy rights and violates the
constitution

Sinha, 2014
G. Alex Sinha is an Aryeh Neier fellow with the US Program at Human Rights Watch and the Human
Rights Program at the American Civil Liberties Union, July 2014 With Liberty to Monitor All How LargeScale US Surveillance is Harming Journalism, Law, and American Democracy Human Rights Watch,
http://www.hrw.org/node/127364
The United States government today is implementing a wide variety of surveillance programs that, thanks to
developments in its technological capacity, allow it to scoop up personal information and the content of personal
communications on an unprecedented scale. Media reports based on revelations by former National Security
Agency (NSA) contractor Edward Snowden have recently shed light on many of these programs. They have revealed,
for example, that the US collects vast quantities of informationknown as metadataabout phone calls made to, from, and within the US.
It also routinely collects the content of international chats, emails, and voice calls. It has engaged in the large-

scale collection of massive amounts of cell phone location data. Reports have also revealed a since-discontinued effort to track internet usage
and email patterns in the US; the comprehensive interception of all of phone calls made within, into, and out of Afghanistan and the Bahamas;
the daily collection of millions of images so the NSA can run facial recognition programs; the acquisition of hundreds of millions of email and
chat contact lists around the world; and the NSAs deliberate weakening of global encryption standards. In

response to public

concern over the programs intrusion on the privacy of millions of people in the US and around the world, the US
government has at times acknowledged the need for reform. However, it has taken few meaningful
steps in that direction. On the contrary, the USparticularly the intelligence communityhas forcefully defended the surveillance
programs as essential to protecting US national security. In a world of constantly shifting global threats, officials argue that the US simply
cannot know in advance which global communications may be relevant to its intelligence activities, and that as a result, it needs the authority
to collect and monitor a broad swath of communications. In our interviews with them, US officials argued that the programs are effective,
plugging operational gaps that used to exist, and providing the US with valuable intelligence. They also insisted the programs are lawful and
subject to rigorous and multi-layered oversight, as well as rules about how the information obtained through them is used. The government has
emphasized that it does not use the information gleaned from these programs for illegitimate purposes, such as persecuting political
opponents. The

questions raised by surveillance are complex. The government has an obligation to protect
national security, and in some cases, it is legitimate for government to restrict certain rights to that end.
At the same time, international human rights and constitutional law set limits on the states authority to engage in
activities like surveillance, which have the potential to undermine so many other rights. The current,
large-scale, often indiscriminate US approach to surveillance carries enormous costs. It erodes global
digital privacy and sets a terrible example for other countries like India, Pakistan, Ethiopia, and others
that are in the process of expanding their surveillance capabilities. It also damages US credibility in advocating internationally for internet
freedom, which the US has listed as an important foreign policy objective since at least 2010.As this report documents, US

surveillance
programs are also doing damage to some of the values the United States claims to hold most dear.
These include freedoms of expression and association, press freedom, and the right to counsel, which
are all protected by both international human rights law and the US Constitution.

And, these privacy violations are more dangerous than any risk of terrorism, which is
magnified by the fact that surveillance fails to prevent attacks.

Schneier, 2014
Bruce Schneier a fellow at the Berkman Center for Internet and Society at Harvard Law School, a board
member of the Electronic Frontier Foundation, an Advisory Board Member of the Electronic Privacy
Information Center, and the CTO at Resilient Systems, Inc.,1-6-2014, "Essays: How the NSA Threatens
National Security," Schneier On Security,
https://www.schneier.com/essays/archives/2014/01/how_the_nsa_threaten.html
We have no evidence that any of this surveillance makes us safer. NSA Director General Keith Alexander responded to
these stories in June by claiming that he disrupted 54 terrorist plots. In October, he revised that number downward to 13, and then to "one or
two." At

this point, the only "plot" prevented was that of a San Diego man sending $8,500 to support a
Somali militant group. We have been repeatedly told that these surveillance programs would have been able to stop 9/11, yet the
NSA didn't detect the Boston bombingseven though one of the two terrorists was on the watch list and the other had a sloppy
social media trail. Bulk collection of data and metadata is an ineffective counterterrorism tool. Not only is
ubiquitous surveillance ineffective, it is extraordinarily costly. I don't mean just the budgets, which will continue to
skyrocket. Or the diplomatic costs, as country after country learns of our surveillance programs against their citizens. I'm also talking about the
cost to our society. It breaks so much of what our society has built. It breaks our political systems, as Congress is
unable to provide any meaningful oversight and citizens are kept in the dark about what government does. It breaks our legal systems, as laws
are ignored or reinterpreted, and people are unable to challenge government actions in court. It breaks our commercial
systems, as U.S. computer products and services are no longer trusted worldwide. It breaks our technical systems, as the very protocols of the
Internet become untrusted. And

it breaks our social systems; the loss of privacy, freedom, and liberty is much
more damaging to our society than the occasional act of random violence. And finally, these systems are

susceptible to abuse. This is not just a hypothetical problem. Recent history illustrates many episodes where this information was, or
would have been, abused: Hoover and his FBI spying, McCarthy, Martin Luther King Jr. and the civil rights movement, anti-war Vietnam
protesters, andmore recentlythe Occupy movement. Outside the U.S., there are even more extreme examples.

Building the
surveillance state makes it too easy for people and organizations to slip over the line into abuse.

The First impact is the loss of personal autonomy and agency. Privacy is a gateway
right, it enables all of our other freedoms.

PoKempne 2014,
Dinah, General Counsel at Human Rights Watch, The Right Whose Time Has Come (Again): Privacy in
the Age of Surveillance 1/21/14 http://www.hrw.org/world-report/2014/essays/privacy-in-age-ofsurveillance
Technology has invaded the sacred precincts of private life, and unwarranted exposure has imperiled
our security, dignity, and most basic values. The law must rise to the occasion and protect our rights.
Does this sound familiar? So argued Samuel Warren and Louis Brandeis in their 1890 Harvard Law Review
article announcing The Right to Privacy. We are again at such a juncture. The technological developments they
saw as menacingphotography and the rise of the mass circulation pressappear rather quaint to us now. But the harms to emotional,
psychological, and even physical security from unwanted exposure seem just as vivid in our digital age.Our

renewed sense of

vulnerability comes as almost all aspects of daily social life migrate online. At the same time, corporations and
governments have acquired frightening abilities to amass and search these endless digital records, giving them the power to know us in
extraordinary detail.

In a world where we share our lives on social media and trade immense amounts of personal information for the ease and
convenience of online living, some have questioned whether privacy is a relevant concept. It is not just relevant,
but crucial.
Indeed, privacy is a gateway right that affects our ability to exercise almost every other right, not least
our freedom to speak and associate with those we choose, make political choices, practice our religious
beliefs, seek medical help, access education, figure out whom we love, and create our family life. It is
nothing less than the shelter in which we work out what we think and who we are; a fulcrum of our
autonomy as individuals.
The importance of privacy, a right we often take for granted, was thrown into sharp relief in 2013 by the steady stream
of revelations from United States government files released by former National Security Agency (NSA) contractor Edward Snowden,
and published in the Guardian and other major newspapers around the world. These revelations, supported by highly classified
documents, showed the US, the UK, and other governments engaged in global indiscriminate data
interception, largely unchecked by any meaningful legal constraint or oversight, without regard for the
rights of millions of people who were not suspected of wrongdoing.

The Second impact is Totalitarianism; the loss of autonomy due to surveillance

enables turnkey totalitarianism, destroying democracy.

Haggerty, 2015
Kevin D. Professor of Criminology and Sociology at the University of Alberta, Whats Wrong with Privacy
Protections? in A World Without Privacy: What Law Can and Should Do? Edited by Austin Sarat p. 230

emphasis on the threat of authoritarian forms of rule inherent in populations

institutional scrutiny will be portrayed as overblown and over dramatic, suggesting I veer towards the
lunatic fringe of unhinged conspiracy theorists.66 But one does not have to believe secret forces are operating behind
the scenes to recognize that our declining private realm presents alarming dangers. Someone as conservative and
deeply embedded in the security establishment as William Binney a former NSA senior executive says the security
surveillance infrastructure he helped build now puts us on the verge of turnkey totalitarianism.67 The
contemporary expansion of surveillance, where monitoring becomes an ever-more routine part of our lives, represents a
tremendous shift in the balance of power between citizens and organizations. Perhaps the greatest danger
of this situation is how our existing surveillance practices can be turned to oppressive uses. From this point forward our
expanding surveillance infrastructure stands as a resource to be inherited by future generations of
politicians, corporate actors, or even messianic leaders. Given sufficient political will this surveillance infrastructure
can be re-purposed to monitor in unparalleled detail people who some might see as undesirable due to their
political opinions, religion, skin color, gender, birthplace, physical abilities, medical history, or any
number of an almost limitless list of factors used to pit people against one another. The twentieth century
provides notorious examples of such repressive uses of surveillance. Crucially, those tyrannical states
exercised fine-grained political control by relying on surveillance infrastructures that today seem laughably
rudimentary, comprised as they were of paper files, index cards, and elementary telephone tapping.68 It is no more alarmist to
acknowledge such risks are germane to our own societies than it is to recognize the future will see wars,
terrorist attacks, or environmental disasters events that could themselves prompt surveillance structures to be
re-calibrated towards more coercive ends. Those who think this massive surveillance infrastructure will
not, in the fullness of time, be turned to repressive purposes are either innocent as to the realities of power, or whistling
past a graveyard. But one does not have to dwell on the most extreme possibilities to be unnerved by how enhanced surveillance
capabilities invest tremendous powers in organizations. Surveillance capacity gives organizations unprecedented
abilities to manipulate human behaviors, desires, and subjectivities towards organizational ends ends
that are too often focused on profit, personal aggrandizement, and institutional self-interest rather than human
betterment.
Still others will say I am being alarmist. My
open to detailed

The Normalization of Government and Militant Surveillance Under Section 702

Perpetuates Totalitarian Violence
Giroux, 14Giroux 14-Global TV Network Chair Professorship at McMaster University in the English and Cultural Studies Department and a Distinguished
Visiting Professorship at Ryerson University [Henry, Totalitarian Paranoia in the Post-Orwellian Surveillance State, Truthout, February 10,
2014, http://www.truth-out.org/opinion/item/21656-totalitarian-paranoia-in-the-post-orwellian-surveillance-state, DKP]

The revelations of whistle-blowers such as Chelsea Manning, Jeremy Hammond and Edward Snowden about government
lawlessness and corporate spying provide a new meaning if not a revitalized urgency and relevance to
George Orwell's dystopian fable 1984. Orwell offered his readers an image of the modern state that had become dystopian - one in which
privacy as a civil virtue and a crucial right was no longer valued as a measure of the robust strength of a healthy and thriving democracy. Orwell
was clear that the right to privacy had come under egregious assault. But the

right to privacy pointed to something more

sinister than the violation of individual rights. When ruthlessly transgressed, the issue of privacy
became a moral and political principle by which to assess the nature, power and severity of an
emerging totalitarian state. As important as Orwell's warning was in shedding light on the horrors of mid-20th century
totalitarianism and the endless regimes of state spying imposed on citizens, the text serves as a brilliant but limited
metaphor for mapping the expansive trajectory of global surveillance and authoritarianism now
characteristic of the first decades of the new millennium. As Marjorie Cohn has indicated, "Orwell never could
have imagined that the National Security Agency (NSA) would amass metadata on billions of our phone calls and 200 million of our
text messages every day. Orwell could not have foreseen that our government would read the content of our emails, file transfers, and live
chats from the social media we use."1

The Third Impact is Bare Life; The sovereigns use of surveillance under Section 702
renders the entire populace bare life
Douglas, independent scholar, 2009 (Jeremy, Disappearing Citizenship: surveillance and the state of
exception, published in Surveillance & Society Vol 6, No 1, p. 37
http://library.queensu.ca/ojs/index.php/surveillance-and-society/article/view/3402/3365)//roetlin
Electronic and biometric surveillance are the tactics through which the government is creating a space
in which the exception is routine practice. The biopolitical implication of surveillance [under Section
702] is the universalization of bare life : History teaches us how practices first reserved for foreigners find themselves
applied later to the rest of the citizenry (ibid). These new control measures have created a situation in which not only is there no
clear distinction between private and political life, but there is no fundamental claim, or right, to a
political life as such not even for citizens from birth; thus, the originary biopolitical act that inscribes life as political from
birth is more and more a potential depoliticization and ban from the political realm. We are all exposed to the stateless
potentiality of a bare life excluded from the political realm, but not outside the violence of the law (and
therefore still included): states, which should constitute the precise space of political life, have made the person the ideal
suspect, to the point that it's humanity itself that has become the dangerous class (ibid). Making people
suspects is equivalent to making people bare life it is the governmental (a Foucauldian governmentality rather
than an Agambenian sovereignty I would argue) production of a life exposed to the pure potentiality of the state of
exception: the sovereign ban, which applies to the exception in no longer applying, corresponds to the structure of potentiality, which
maintains itself in relation to actuality precisely through its ability not to be (Agamben 1994, 46). Surveillance [under Section 702]
is the technique that opens up this potentiality, which allows for the normalization of the

exception . In this particular instance i.e. biometric data collection and surveillance in the US the state of exception as a permanent
form of governmentality and the universalization of homines sacri has been brought into existence though the USA Patriot Act2 and the Patriot
Act II3.

Freedom and dignity are ethically prior to security.

Cohen, 2014
Elliot D. Ph.D., ethicist and political analyst. He is the editor in chief of the International Journal of
Applied Philosophy, Technology of Oppression: Preserving Freedom and Dignity in an Age of Mass,
Warrantless Surveillance.. DOI: 10.1057/9781137408211.0011.
The threat posed by mass, warrantless surveillance technologies
Presently, such a threat to human freedom and dignity lies in the technological erosion of human
privacy through the ever-evolving development and deployment of a global, government system of
mass, warrantless surveillance. Taken to its logical conclusion, this is a systematic means of spying on, and
ultimately manipulating and controlling, virtually every aspect of everybody's private lifea thoroughgoing,
global dissolution of personal space, which is supposed to be legally protected. In such a governmental state of "total (or virtually
total) information awareness," the potential for government control and manipulation of the people's
deepest and most personal beliefs, feelings, and values can transform into an Orwellian realityand nightmare. As
will be discussed in Chapter 6, the technology that has the potential to remove such scenarios from the realm of science fiction to that of true
science is currently being developed. This is not to deny the legitimate government interest in "national security"; however, the

exceptional disruption of privacy for legitimate state reasons cannot and should not be mistaken for a
usual and customary rule of mass invasion of people's private lives without their informed consent.
Benjamin Franklin wisely and succinctly expressed the point: "Those who surrender freedom for security

will not have, nor do they deserve, either one." In relinquishing our privacy to government, we also lose
the freedom to control, and act on, our personal information, which is what defines us individually, and
collectively, as free agents and a free nation. In a world devoid of freedom to control who we are,
proclaiming that we are "secure" is an empty platitude.
Right before Christmas break, our school faced serious bomb threats. An unnamed, armed individual
send a threat to our school administrators. School was cancelled because the perpetrator could not be
identified and neutralized before the following school day. My sister and I were home alone when we
received the news. My sister picked up the phone. Armed threat. Apparently someone threatened us,
so theres no school tomorrow said my sister. I was just confused. I assumed it was probably just
another stupid kid who didnt want to take his/her exams. I texted my mom, fully expecting her to freak
out about the threat.. but she didnt. Do you know what she DID freak out about??? The fact that we
were texting people about what was going on. Stop right now. Dont say anything to anyone. You know
the government tracks this and your name is suspicious. I dont want you to get caught. My moms
statement made me so angry. Why am I suspicious? Ive never done anything that would warrant this
treatment! I mean, my skin is dark and my name isnt American. I felt like crying and screaming at the
same time. This is not ok. I AM AMERICAN. I was born and raised here. I dont deserve to be held to a
separate set of standards. MY government is taking away MY rights. I will not stand for this, and neither
should you judge. Do not stand for this extreme discrimination.

NSA surveillance has put the US ecomony and competive advantage at risk because of
losses in the technology sector. The USA freedom act wont solve the problem.
Mindock 2015
Clark Mindock - Reporting Fellow at International Business Times Internally quoting The Information
Technology and Innovation Foundation. ITIF is a non-partisan research and educational institute a
think tank NSA Surveillance Could Cost Billions For US Internet Companies After Edward Snowden
Revelations - International Business Times - June 10 2015 http://www.ibtimes.com/nsa-surveillancecould-cost-billions-us-internet-companies-after-edward-snowden-1959737
Failure to reform National Security Administration spying programs revealed by Edward Snowden could be more
economically taxing than previously thought, says a new study published by the Information Technology and Innovation
Foundation Tuesday. The study suggests the programs could be affecting the technology sector as a whole,
not just the cloud-computing sector, and that the costs could soar much higher than previously
expected. Even modest declines in cloud computing revenues from the revealed surveillance programs, according to a
previous report, would cost between $21.5 billion and $35 billion by 2016. New estimates show that the toll will likely far exceed ITIFs
initial $35 billion estimate. The U.S. governments failure to reform many of the NSAs surveillance programs
has damaged the competitiveness of the U.S. tech sector and cost it a portion of the global market
share, a summary of the report said. Revelations by defense contractor Snowden in June 2013 exposed massive U.S. government
surveillance capabilities and showed the NSA collected American phone records in bulk, and without a warrant. The bulk phone-record
revelations, and many others in the same vein, including the required complacency of American telecom and Internet companies in
providing the data, raised questions about the transparency of American surveillance programs and
prompted outrage from privacy advocates. The study, published this week, argues that unless the American government
can vigorously reform how NSA surveillance is regulated and overseen, U.S. companies will lose contracts
and, ultimately, their competitive edge in a global market as consumers around the world choose cloud
computing and technology options that do not have potential ties to American surveillance programs.
The report comes amid a debate in Congress on what to do with the Patriot Act, the law that provides much of the
authority for the surveillance programs. As of June 1, authority to collect American phone data en masse expired,

though questions remain as to whether letting that authority expire is enough to protect privacy. Supporters of the
programs argue that they provide the country with necessary capabilities to fight terrorism abroad. A further reform made the
phone records collection process illegal for the government, and instead gave that responsibility to the
telecom companies.

Reform is necessary to regain US leadership in the global marketplace.

Castro and Mcquinn 2015
Daniel Castro is the Vice President of the Information Technology and Innovation Foundation and
Director of the Center for Data Innovation; Alan McQuinn is a Research Assistant with The Information
Technology and Innovation Foundation. Prior to joining ITIF, he was a telecommunications fellow for
Congresswoman Anna Eshoo, an Honorary Co-Chair of ITIF, 6/9/15, Beyond the USA Freedom Act: How
U.S. Surveillance Still Subverts U.S. Competitiveness Information Technology & Innovation
Foundation http://www.itif.org/publications/2015/06/09/beyond-usa-freedom-act-how-ussurveillance-still-subverts-us-competitiveness
When historians write about this period in U.S. history it could very well be that one of the themes will be how the
United States lost its global technology leadership to other nations. And clearly one of the factors they
would point to is the long-standing privileging of U.S. national security interests over U.S. industrial and
commercial interests when it comes to U.S. foreign policy. This has occurred over the last few years as the U.S. government
has done relatively little to address the rising commercial challenge to U.S. technology companies, all the
while putting intelligence gathering first and foremost. Indeed, policy decisions by the U.S. intelligence
community have reverberated throughout the global economy. If the U.S. tech industry is to remain the
leader in the global marketplace, then the U.S. government will need to set a new course that balances
economic interests with national security interests. The cost of inaction is not only short-term economic
losses for U.S. companies, but a wave of protectionist policies that will systematically weaken U.S.
technology competiveness in years to come, with impacts on economic growth, jobs, trade balance, and
national security through a weakened industrial base. Only by taking decisive steps to reform its digital
surveillance activities, the U.S. government will enable its tech industry to effectively compete in the
global market.

The US is the driving force behind global economic recovery

Economist 2015
American shopper, 2-14, http://www.economist.com/news/leaders/21643188-world-once-againrelying-too-much-american-consumers-power-growth-american-shopper
A Global economy running on a single engine is better than one that needs jump leads. The American
economy is motoring again, to the relief of exporters from Hamburg to Hangzhou. Firms added more than 1m
net new jobs in the past three months, the best showing since 1997 (see article). Buoyed up by cheap petrol, Americans are spending; in
January consumer sentiment jumped to its highest in more than a decade. The

IMF reckons that American growth will hit

3.6% in 2015, faster than the world economy as a whole. All this is good. But growing dependence on the American
economyand on consumers in particularhas unwelcome echoes. A decade ago American consumers borrowed heavily and recklessly. They
filled their ever-larger houses with goods from China; they fuelled gas-guzzling cars with imported oil. Big exporters recycled their earnings back
to America, pushing down interest rates which in turn helped to feed further borrowing. Europe was not that different. There, frugal Germans
financed debt binges around the euro areas periphery.After the financial crisis, the hope was of an end to these imbalances. Debt-addicted
Americans and Spaniards would chip away at their obligations; thrifty German and Chinese consumers would start to enjoy life for once. At

first, this seemed to be happening. Americas trade deficit, which was about 6% of GDP in 2006, had more than halved by 2009. But

now
the world is slipping back into some nasty habits. Hair grows faster than the euro zone, and what growth
there is depends heavily on exports. The countries of the single currency are running a current-account
surplus of about 2.6% of GDP, thanks largely to exports to America. At 7.4% of GDP, Germanys trade
surplus is as large as it has ever been. Chinas growth, meanwhile, is slowingand once again relying
heavily on spending elsewhere. It notched up its own record trade surplus in January. Chinas exports have actually begun to drop,
but imports are down by more. And over the past year the renminbi, which rose by more than 10% against the dollar in 2010-13, has begun
slipping again, to the annoyance of American politicians. Americas economy

is warping as a result. Consumptions

contribution to growth in the fourth quarter of 2014 was the largest since 2006. The trade deficit is widening.
Strip out oil, and Americas trade deficit grew to more than 3% of GDP in 2014, and is approaching its pre-recession peak of about 4%. The
worlds reliance on America is likely to deepen. Germans are more interested in shipping savings abroad than investing at
home (see article). Households and firms in Europes periphery are overburdened with debt, workers wages squeezed and banks in no mood to
lend. Like Germany, Europe as a whole is relying on exports. China is rebalancing, but not fast enough: services have yet to account for more
than half of annual Chinese output.

Additionally, NSA surveillance has created a global move towards data

nationalisation which threatens to fragment the internet.
Omtzigt 15,
Pieter Herman Omtzigt is a Dutch politician. As a member of the Christian Democratic Appeal he was an
MP from June 3, 2003 to June 17, 2010 and is currently an MP since October 26, 2010. He focuses on
matters of taxes, pensions and additions. Explanatory memorandum by Mr Pieter Omtzigt, rapporteur
Committee on Legal Affairs and Human Rights, Mass surveillance Report, 1/26/2015, http://websitepace.net/documents/19838/1085720/20150126-MassSurveillance-EN.pdf
108. In

response to growing discontent with US surveillance, one political response has been to push for more
technological sovereignty and data nationalisation. The Snowden disclosures have therefore had
serious implications on the development of the Internet and hastened trends to balkanize the Internet
to the detriment of the development of a wide, vast and easily accessible online network. The Internet as
we knew it, or believed we knew it, is a global platform for exchange of information, open and free debate,
and commerce. But Brazil and the European Union, for example, announced plans to lay a $185 million
undersea fibre-optic cable between them to thwart US surveillance. German politicians also called for the
development of a German internet for German customers data to circumvent foreign servers and the information to stay on networks that
would fully be under Germanys control. 159 Russia

passed a law obliging internet companies to store the data of

Russian users on servers in Russia.160 After a six-month inquiry following the Snowden disclosures, the European Parliament
adopted a report on the NSA surveillance programme in February 2014 161, which argues that the EU should suspend bank data and Safe
Harbour agreements on data privacy (voluntary data protection standards for non-EU companies transferring EU citizens personal data to the
US) with the United States. MEPs added that the European Parliament should only give its consent to the EU-US free trade deal (TTIP) that is
being negotiated, if the US fully respects EU citizens fundamental rights. The

European Parliament seeks tough new data

protection rules that would place US companies in the difficult situation of having to check with EU
authorities before complying with mandatory requests made by US authorities. The European Parliaments LIBE
Committee also advocated the creation of a European data cloud that would require all data from European consumers to be stored or
processed within Europe, or even within the individual country of the consumer concerned. Some

nations, such as Australia,

France, South Korea, and India, have already implemented a patchwork of data-localisation
requirements according to two legal scholars.162

This regional fragmentation of the internet would collapse the global economy and
create the necessary conditions for global instability.
Jardine, 2014
Eric CIGI Research Fellow, Global Security & Politics, 9-19-2014, "Should the Average Internet User in a
Liberal Democracy Care About Internet Fragmentation? ," Cigi,
https://www.cigionline.org/blogs/reimagining-internet/should-average-internet-user-liberaldemocracy-care-about-internet-fragme
Even though your average liberal democratic Internet user wouldnt see it, at least at the content level, the fragmentation of the Internet would
matter a great deal. If

the Internet was to break apart into regional or even national blocks, there would be
large economic costs in terms of lost future potential for global GDP growth. As a recent McKinsey & Company
report illustrates, upwards of 15 to 25 percent of Global GDP is currently determined by the movement of
goods, money, people and data. These global flows (which admittedly include more than just data flows) contribute yearly between
250 to 400 billion dollars to global GDP growth. The contribution of global flows to global GDP growth is only likely to
grow in the future, provided that the Internet remains a functionally universal system that works
extraordinarily well as a platform for e-commerce. Missing out on lost GDP growth harms people economically in liberal democratic countries
and elsewhere. Average users in the liberal democracies should care, therefore, about the fragmentation of the broader Internet because it will
cost them dollars and cents, even if the fragmentation of the Internet would not really affect the content that they themselves
access.Additionally, the same Mckinsey & Company report notes that countries that are well connected to the global system have GDP growth
that is up to 40 percent higher than those countries that have fewer connections to the wider world. Like interest rates, annual GDP growth
compounds itself, meaning that early gains grow exponentially. If

the non-Western portions of the Internet wall

themselves off from the rest (or even if parts of what we could call the liberal democratic Internet do the same), the result over
the long term will be slower growth and a smaller GDP per capita in less well-connected nations. Some
people might look at this situation and be convinced that excluding people in non-liberal democracies from the economic potential of the
Internet is not right. In normative terms, these people might deserve to be connected, at the very least so that they can benefit from the same
economic boon as those in more well connected advanced liberal democracies. In other words, average Internet users in liberal democracies
should care about Internet fragmentation because it is essentially an issue of equality of opportunity.Other people might only be convinced by
the idea that poverty,

inequality, and relative deprivation, while by no means sufficient causes of terrorism,

insurgency, aggression and unrest, are likely to contribute to the potential for an increasingly conflictual
world. Most average Internet users in Liberal democracies would likely agree that preventing flashes of unrest (like the current ISIL conflict in
Iraq and Syria) is better than having to expend blood and treasure to try and fix them after they have broken out. Preventive measures
can include ensuring solid GDP growth through global interconnection in every country, even if this is not, as I
mentioned before, going to be enough to fix every problem every time. Overall, the dangers of a fragmented Internet are real
and the average user in liberal democracies should care. With truly global forces at play, it is daunting to think of what the average user might
do to combat fragmentation. Really only one step is realistic. Users need to recognize that the system works best and contributes most to the
content and material well-being of all Internet users when it approaches its ideal technical design of universal interoperability. Societies will
rightly determine that some things need to be walled off, blocked or filtered because this digital content has physical world implications that
are not acceptable (child pornography, vitriolic hate speech, death threats, underage bullying on social media, etc.). However, in general,

citizens should resist Internet fragmentation efforts in any form by putting pressure on their national
politicians, Internet Service Providers, and content intermediaries, like Google, to respect the fundamental (and
fundamentally beneficial) universally interoperable structure of the Internet. To do otherwise is to
accept the loss of potential future global prosperity and to encourage a world that is unequal and prone
to conflict and hardship.

The impact of economic decline is great power war.

James, 2014
Harold, Princeton history professor,Debate: Is 2014, like 1914, a prelude to world war?, 7-2,
http://www.theglobeandmail.com/globe-debate/read-and-vote-is-2014-like-1914-a-prelude-to-worldwar/article19325504/

Some of the dynamics of the pre-1914 financial world are now re-emerging. Then an economically
declining power, Britain, wanted to use finance as a weapon against its larger and faster growing
competitors, Germany and the United States. Now America is in turn obsessed by being overtaken by China
according to some calculations, set to become the worlds largest economy in 2014. In the aftermath of the 2008 financial
crisis, financial institutions appear both as dangerous weapons of mass destruction, but also as potential
instruments for the application of national power. In managing the 2008 crisis, the dependence of foreign banks on U.S. dollar funding
constituted a major weakness, and required the provision of large swap lines by the Federal Reserve. The United States provided that support
to some countries, but not others, on the basis of an explicitly political logic, as Eswar Prasad demonstrates in his new book on the Dollar
Trap. Geo-politics is intruding into banking practice elsewhere. Before the Ukraine crisis, Russian banks were trying to
acquire assets in Central and Eastern Europe. European and U.S. banks are playing a much reduced role in Asian trade finance. Chinese banks
are being pushed to expand their role in global commerce. After the financial crisis, China started to build up the renminbi as a major
international currency. Russia and China have just proposed to create a new credit rating agency to avoid what they regard as the political bias
of the existing (American-based) agencies. The

next stage in this logic is to think about how financial power can be
directed to national advantage in the case of a diplomatic tussle. Sanctions are a routine (and not terribly successful)
part of the pressure applied to rogue states such as Iran and North Korea. But financial pressure can be much more powerfully applied to
countries that are deeply embedded in the world economy. The test is in the Western imposition of sanctions after the Russian annexation of
Crimea. President Vladimir Putins calculation in response is that the European Union and the United States cannot possibly be serious about
the financial war. It would turn into a boomerang: Russia would be less affected than the more developed and complex financial markets of
Europe and America. The

threat of systemic disruption generates a new sort of uncertainty, one that mirrors
the decisive feature of the crisis of the summer of 1914. At that time, no one could really know whether
clashes would escalate or not. That feature contrasts remarkably with almost the entirety of the Cold War, especially since the
1960s, when the strategic doctrine of Mutually Assured Destruction left no doubt that any superpower conflict would inevitably escalate. The
idea of network disruption relies on the ability to achieve advantage by surprise, and to win at no or low
cost. But it is inevitably a gamble, and raises prospect that others might, but also might not be able to,
mount the same sort of operation. Just as in 1914, there is an enhanced temptation to roll the dice,
even though the game may be fatal.

NSA spying has undermined American foreign policy. It undercut any credibility to
push for democratic freedom in repressive regimes, repressive surveillance is growing
worldwide as a result.
Schneier 15
Bruce Schneier a fellow at the Berkman Center for Internet and Society at Harvard Law School, a board
member of the Electronic Frontier Foundation, an Advisory Board Member of the Electronic Privacy
Information Center, and the CTO at Resilient Systems, Inc 3/2/15, Data and Goliath: The Hidden Battles
to Collect Your Data and Control Your World. P. 106
In 2010, then secretary of state Hillary Clinton gave a speech declaring Internet freedom a major US foreign
policy goal. To this end, the US State Department funds and supports a variety of programs worldwide, working to counter censorship,
promote encryption, and enable anonymity, all designed "to ensure that any child, born anywhere in the world, has
access to the global Internet as an open platform on which to innovate, learn, organize, and express
herself free from undue interference or censorship." This agenda has been torpedoed by the awkward
realization that the US and other democratic governments conducted the same types of surveillance they have
criticized in more repressive countries. Those repressive countries are seizing on the opportunity,
pointing to US surveillance as a justification for their own more draconian Internet policies: more
surveillance, more censorship, and a more isolationist Internet that gives individual countries more
control over what their citizens see and say. For example, one of the defenses the government of Egypt
offered for its plans to monitor social media was that "the US listens in to phone calls, and supervises
anyone who could threaten its national security." Indians are worried that their government will cite the US's actions to
justify surveillance in that country. Both China and Russia publicly called out US hypocrisy. This affects Internet freedom

worldwide. Historically, Internet governancewhat little there waswas largely left to the United States,
because everyone more or less believed that we were working for the security of the Internet instead of against it. But now that the US
has lost much of its credibility, Internet governance is in turmoil. Many of the regulatory bodies that influence the
Internet are trying to figure out what sort of leadership model to adopt. Older international standards organizations like the International
Telecommunications Union are trying to increase their influence in Internet governance and develop a more nationalist set of rules. This

is
the cyber sovereignty movement, and it threatens to fundamentally fragment the Internet. It's not new,
but it has been given an enormous boost from the revelations of NSA spying. Countries like Russia,
China, and Saudi Arabia are pushing for much more autonomous control over the portions of the
Internet within their borders. That, in short, would be a disaster. The Internet is fundamentally a global
platform. While countries continue to censor and control, today people in repressive regimes can still
read information from and exchange ideas with the rest of the world. Internet freedom is a human
rights issue, and one that the US should support.

Further, this hypocrisy has created the conditions that will accelerate the global rise of
authoritarianism.
Chenoweth & Stephan 2015
Erica Chenoweth, political scientist at the University of Denver.& Maria J. Stephan, Senior Policy Fellow
at the U.S. Institute of Peace, Senior Fellow at the Atlantic Council.7-7-2015, "How Can States and NonState Actors Respond to Authoritarian Resurgence?," Political Violence @ a Glance,
http://politicalviolenceataglance.org/2015/07/07/how-can-states-and-non-state-actors-respond-toauthoritarian-resurgence/
Chenoweth: Why is authoritarianism making a comeback? Stephan: Theres obviously no single answer to this. But part of
the answer is that democracy is losing its allure in parts of the world. When people dont see the economic and governance
benefits of democratic transitions, they lose hope. Then theres the compelling stability first argument. Regimes around the world,
including China and Russia, have readily cited the chaos of the Arab Spring to justify heavy-handed
policies and consolidating their grip on power. The color revolutions that toppled autocratic regimes in Serbia, Georgia, and
Ukraine inspired similar dictatorial retrenchment. There is nothing new about authoritarian regimes adapting to
changing circumstances. Their resilience is reinforced by a combination of violent and non-coercive
measures. But authoritarian paranoia seems to have grown more piqued over the past decade. Regimes have
figured out that people power endangers their grip on power and they are cracking down. Theres no better evidence of the
effectiveness of civil resistance than the measures that governments take to suppress itsomething you detail
in your chapter from my new book. Finally, and importantly, democracy in this country and elsewhere has taken a hit
lately. Authoritarian regimes mockingly cite images of torture, mass surveillance, and the catering to the radical fringes
happening in the US political system to refute pressures to democratize themselves. The financial crisis here and in
Europe did not inspire much confidence in democracy and we are seeing political extremism on the rise in places like Greece and Hungary.

Here in the US we need to get our own house in order if we hope to inspire confidence in democracy
abroad.

American surveillance is the primary driver behind this authoritarian

acceleration. The plan is necessary to restore US credibility.
Jackson, 2015
Dean Jackson is an assistant program officer at the International Forum for Democratic Studies. He holds
an M.A. from the University of Chicagos Committee on International Relations, 7-14-2015, "The
Authoritarian Surge into Cyberspace," International Forum For Democratic Studies,
http://www.resurgentdictatorship.org/the-authoritarian-surge-into-cyberspace/

This still leaves open the question of what is driving authoritarian innovation in cyberspace.

Deibert identifies increased

government emphasis on cybersecurity as one driver: cybercrime and terrorism are serious concerns, and governments
have a legitimate interest in combatting them. Unfortunately, when democratic governments use mass surveillance and
other tools to police cyberspace, it can have the effect of providing cover for authoritarian regimes to
use similar techniques for repressive purposesespecially, as Deibert notes, since former NSA contractor Edward
Snowdens disclosure of US mass surveillance programs. Second, Deibert observes that authoritarian demand for
cybersecurity technology is often met by private firms based in the democratic worlda group that Reporters
Without Borders (RSF) calls the Corporate Enemies of the Internet. Hacking Team, an Italian firm mentioned in the RSF report, is just one
example: The Guardian reports that leaked internal documents suggest Hacking Teams clients include the governments of Azerbaijan,

in a world where Big

Brother and Big Data share so many of the same needs, the political economy of cybersecurity must be
singled out as a major driver of resurgent authoritarianism in cyberspace. Given these powerful forces, it will be
Kazakhstan, Uzbekistan, Russia, Bahrain, Saudi Arabia, and the United Arab Emirates. Deibert writes that

difficult to reverse the authoritarian surge in cyberspace. Deibert offers some possible solutions: for starters, he writes that the political
economy of cybersecurity can be altered through stronger export controls, smart sanctions, and a monitoring system to detect abuses.
Further, he recommends that cybersecurity trade fairs open their doors to civil society watchdogs who can help hold governments and the
private sector accountable. Similarly, Deibert suggests that opening regional cybersecurity initiatives to civil society participation could mitigate
violations of user rights. This might seem unlikely to occur within some authoritarian-led intergovernmental organizations, but setting a
normative expectation of civil society participation might help discredit the efforts of bad actors. Deibert

concludes with a final

recommendation that society develop models of cyberspace security that can show us how to prevent
disruptions or threats to life and property without sacrificing liberties and rights. This might restore
democratic states to the moral high ground and remove oppressive regimes rhetorical cover, but
developing such models will require confronting powerful vested interests and seriously examining the tradeoff
between cybersecurity and Internet freedom. Doing so would be worth it: the Internet is far too
important to cede to authoritarian control.

The impact the failure of global democratic consolidation causes extinction.

Diamond, 1995
Larry, Senior Fellow at the Hoover Institution, Promoting Democracy in the 1990s, December,
http://www.wilsoncenter.org/subsites/ccpdc/pubs/di/fr.htm
This hardly exhausts the lists of threats to our security and well-being in the coming years and decades. In the former Yugoslavia nationalist
aggression tears at the stability of Europe and could easily spread. The flow of illegal drugs intensifies through increasingly powerful
international crime syndicates that have made common cause with authoritarian regimes and have utterly corrupted the institutions of
tenuous, democratic ones. Nuclear,

chemical, and biological weapons continue to proliferate. The very source

of life on Earth, the global ecosystem, appears increasingly endangered. Most of these new and unconventional
threats to security are associated with or aggravated by the weakness or absence of democracy, with its provisions for
legality, accountability, popular sovereignty, and openness. LESSONS OF THE TWENTIETH CENTURY The experience of this century offers
important lessons. Countries

that govern themselves in a truly democratic fashion do not go to war with one
another. They do not aggress against their neighbors to aggrandize themselves or glorify their leaders. Democratic
governments do not ethnically "cleanse" their own populations, and they are much less likely to face
ethnic insurgency. Democracies do not sponsor terrorism against one another. They do not build
weapons of mass destruction to use on or to threaten one another. Democratic countries form more reliable, open, and
enduring trading partnerships. In the long run they offer better and more stable climates for investment. They are more
environmentally responsible because they must answer to their own citizens, who organize to protest the destruction of their
environments. They are better bets to honor international treaties since they value legal obligations and because their openness makes
it much more difficult to breach agreements in secret. Precisely because, within their own borders, they respect competition, civil liberties,
property rights, and the rule of law, democracies are the

only reliable foundation on which a new world order of

international security and prosperity can be built.

The plan solves, limiting the purposes of 702 collection to a tangible threat to
national security is critical to solve overcollection.
Sinha, 2014
G. Alex Sinha is an Aryeh Neier fellow with the US Program at Human Rights Watch and the Human
Rights Program at the American Civil Liberties Union, July 2014 With Liberty to Monitor All How LargeScale US Surveillance is Harming Journalism, Law, and American Democracy Human Rights Watch,
http://www.hrw.org/node/127364
Narrow the purposes for which all foreign intelligence surveillance may be conducted and limit such
surveillance to individuals, groups, or entities who pose a tangible threat to national security or a
comparable state interest. o Among other steps, Congress should pass legislation amending Section 702 of FISA and
related surveillance authorities to narrow the scope of what can be acquired as foreign intelligence
information, which is now defined broadly to encompass, among other things, information related to the
conduct of the foreign affairs of the United States. It should be restricted to what is necessary and proportionate to protect
legitimate aims identified in the ICCPR, such as national security. In practice, this should mean that the government may
acquire information only from individuals, groups, or entities who pose a tangible threat to national
security narrowly defined, or a comparable compelling state interest.

And, this limit solves without damaging counterterrorism.

Laperruque 2014,
Jake, CDTs Fellow on Privacy, Surveillance, and Security. Previously served as a law clerk for Senator Al
Franken on the Subcommittee on Privacy, Technology, and the Law, and as a policy fellow for Senator
Robert Menendez. "Why Average Internet Users Should Demand Significant Section 702 Reform,"
Center For Democracy & Technology., 7-22-2014, https://cdt.org/blog/why-average-internetusers-should-demand-significant-section-702-reform/
Where Do We Go From Here? There

are sensible reforms that can significant limit the collateral damage to
privacy caused by Section 702 without impeding national security. Limiting the purposes for which
Section 702 can be conducted will narrow the degree to which communications are monitored between
individuals not suspected of wrongdoing or connected to national security threats. Closing retention
loopholes present in the Minimization Guidelines governing that surveillance will ensure that when Americans
communications are incidentally collected, they are not kept absent national security needs. And closing
the backdoor search loophole would ensure that when Americans communications are retained
because they communicated with a target of Section 702 surveillance, they couldnt be searched unless
the standards for domestic surveillance of the American are met.

And, the plan eliminates the collection of communication about targets -that solves
upstream collection.
Nojeim, 2014
Greg, Director, Project on Freedom, Security & Technology Comments To The Privacy And Civil Liberties
Oversight Board Regarding Reforms To Surveillance Conducted Pursuant To Section 702 Of Fisa April 11,
2014 https://d1ovv0c9tw0h0c.cloudfront.net/files/2014/04/CDT_PCLOB-702-Comments_4.11.13.pdf
C. Collection of

communications about targets that are neither to nor from targets should be

prohibited. The Government takes the position that Section 702 permits it to collect not only communications that are to or from a foreign

intelligence target, but also communications that are about the target because they mention an identifier associated with the target.17 The
practice directs the focus of surveillance away from suspected wrongdoers and permits the NSA to target communications between individuals
with no link to national security investigations. Because

this is inconsistent with the legislative history of the statute,

and raises profound constitutional and operational problems, PCLOB should recommend that about
collection be ended, and that Section 702 surveillance be limited to communications to and from
targets. Section 702 authorizes the government to target the communications of persons reasonably believed to be abroad, but it never
defines the term target. However, throughout Section 702, the term is used to refer to the targeting of an individual rather content of a
communication.18 Further, the entire congressional debate on Section 702 includes no reference to collecting communications about a
foreign target, and significant debate about collecting communications to or from a target.19 To

collect about communications,

the NSA engages in upstream surveillance on the Internet backbone,20 meaning on fiber cables and infrastructure
as data flows past,21 temporarily copying the content of the entire data stream so it can be searched for the
same selectors used for the downstream or PRISM surveillance. As a result, the NSA has the capability to search
any Internet communication going into or out of the U.S.22 without particularized intervention by a provider. Direct access creates
direct opportunity for abuse, and should not be permitted to a military intelligence agency. This dragnet
scanning also results in the collection of multi-communication transactions, (MCTs) which include tens of thousands wholly domestic
communications each year.23 The FISC required creation of new minimization rules for MCTs in 2011, but did not limit their collection.24 The
mass searching of communications content inside the United States, knowing that it the communications searched include tens of thousands of
wholly domestic communications each year, raises profound constitutional questions. Abandoning

collection of
communications about targets would remove any justification for upstream collection, eliminate the
serious problems posed by direct government access to the Internet infrastructure, eliminate the
collection of tens of thousands of wholly domestic communications in contravention of the statute, an
make surveillance under Section 702 consistent with the congressional intent.