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Aaron Crane
Chase Langford
Nathanael Nadeau
Ben Paxman
Carol Sieverts
English 2010
September 28, 2016
Big Brother
Imagine being able to see every camera feed, being able to hear conversations being held
by every citizen that happens to be near CCTV cameras, smartphones, or any other internet
capable device. Have you ever wondered exactly how much the government knows about you,
and what they are doing with that knowledge? Especially when it comes to your personal life?
Leah Robis, who has a Masters Degree in human rights law, explains that Big Brother
is the term given by many Americans to the government because of its ability to watch and
observe the private lives of its citizens. She suggests that perhaps surveillance has become a trick
of the mind that prevents people from doing wrong (Robis). What do we know about
surveillance, why is it necessary, how does it happen, is it myth or fact, and is privacy or security
more important?

What is known about surveillance?

Blacks Law dictionary defines surveillance as, Observation and collection of
data to provide evidence for a purpose. (Black's Law Dictionary)

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Victor Dorff, a teacher, author, and lawyer explains that in todays society observation
and collection of data has become essential for a nation to maintain its national security. He
explains that the development of the internet has lead to international borders being dissolved.
Dorff states that in order to maintain security, there have been various methods developed
by the U.S. Government that are being used to ensure we are protected from attacks. However,
Dorff asks, is privacy being stripped away in the name of national security (Dorff)? The fourth
amendment to The Bill of Rights states,

The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants shall
issue, but upon probable cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized. (US
Constitution, amendment IV)

In actuality, the word privacy is never mentioned in the Bill of Rights. The Fourth
Amendment amendment was specifically written to protect Americans from warrantless
searches, and not written to preserve privacy (Dorff).
The definition of privacy is, The right that determines the nonintervention of secret
surveillance and the protection of an individual's information. (Black's Law Dictionary) The
very definition of privacy, according to Robis has a more modern meaning and does not fit with
the historical context surrounding the drafting of the constitution (Robis). President Barack
Obama believes that privacy is an essential part of basic human rights, but as technology

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advances, it has broken down barriers that ought to be built back up through laws. Because the
word privacy is left out of the constitution, it has led to numerous instances of American citizens
fighting for their individual right to privacy (Obama).

Why is Government Surveillance believed to be necessary?

On September 11, 2001, the United States was ruthlessly brought to its knees in one of
the worst terrorist attacks in the United States. Such an attack lead politicians to draft legislation
that was believed to give the upper hand against terrorism. The primary legislation that passed
through congress is known as The USA PATRIOT Act, or, the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act.This
act was passed on October 26, 2001 (U.S. Department of Justice). The purpose of this act was to
give the government permission to access all the tools and resources necessary to prevent
terrorist attacks. At the time The USA PATRIOT Act was passed, the country was in a state of
paralyzing fear, which leads Americans to feel as though giving up a portion of their personal
privacy to prevent another major terrorist attack was a necessity. Many Americans do not
question the authority their own government has when it comes to surveillance (Robis).
However, those that question the government begin to invent theories surrounding government
surveillance.

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What are some Government Surveillance myths?

The USA PATRIOT Act was not the law that provided the guidelines for national security
agencies when it comes to
surveillance. Instead, the USA
PATRIOT Act primarily included
a number of amendments to
existing laws that were enacted
in the 1970s and 1980s (U.S.
Department of Justice). Henry
McCracken an editor for Time Magazine explains that the US government has been able to
access information ever since the inception of the internet, as the government played a major role
in its development (McCracken).
Francoise Gilbert, a renowned privacy advisor, and lawyer states that the USA Patriot Act
made it easier for U.S. law enforcement and national security agencies to conduct surveillance by
accessing data to investigate, detect, and prevent crime. For example, previous to the USA
PATRIOT Act, law enforcement would need to seek separate search warrants from multiple
judges to gather metadata. Because of the USA PATRIOT Act, law enforcement only needs one
search warrant from one federal judge. Often these warrants are issued in secret court hearings,
separate from those held in the publics eye. (Gilbert).
Though it seems as though the government's primary use of the USA PATRIOT Act was
to access information without permission, people often willingly grant the government

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permission to use their personal information. rFo example, when signing up for the popular
social messaging app, Whatsapp a user must agree to and accept the terms and conditions
which state:
We may collect, use, preserve, and share your information if we have a good-faith belief
that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal
process, or to government requests; (b) enforce our Terms and any other applicable terms and
policies, including for investigations of potential violations; (c) detect, investigate, prevent, and
address fraud and other illegal activity, security, or technical issues; or (d) protect the rights,
property, and safety of our users, WhatsApp, the Facebook family of companies, or others.
(Whatsapp)
How often are these terms and conditions read? People tend to blindly accept terms and
conditions and thereby unknowingly grant organizations and companies permission to use
personal information for advertising. Even national leaders have cautioned about privacy and
suggested methods to prevent unwanted intruders (Dorff). Erin Kelly, a journalist for USA Today
explains how many of the provisions within The USA PATRIOT Act have expired, yet the
government has not stopped its surveillance programs (Kelly).

How are we being watched?

As the topic of surveillance comes up in conversation there are people that go to
extreme measures to protect their privacy, and avoid the possibility of being watched. What
methods does the US government use to conduct their surveillance to keep this nation safe?
According to Martin Kaste, a reporter for National Public Radio, James Comey, Director of the

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Federal Bureau of Investigation cautioned Americans that they ought to put tape over their laptop
webcams to prevent unwanted observers from watching. He likened putting tape over a personal
webcam to the principle of locking a house door at night so an individual does not have
uninvited guests invading their personal space (Kaste).
Although smartphones are usually thought to be private devices, the NSA can collect
phone metadata. Metadata involves information on mobile
phone use, such as frequently used apps, destinations,
dates, times, and types of communication. The NSA uses
this collected metadata to create a profile of any individual
and document their connections to other people. This
process does not involve recording or listening to a
particular conversation, however, information obtained can enable investigative agencies, such as
the FBI, to identify the subject of the communication. This enables the NSA to know exactly
where you are and who you are associating with. These complex algorithms and processes allow
the NSA to calculate interpersonal relationships, frequent locations, and interests/hobbies
(Robis).
Professor Christopher Slobogin, Law Professor at Vanderbilt University explains, that the
Supreme Court has ruled that once an individual leaves their house, they no longer live a private
life. The cameras that are constantly watching now have the ability to track, observe, and
monitor all of a person's actions. This is also true for when an individual agrees to allow their
personal information to be given to banks, schools, businesses, or even doctors. Because of the

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tendency to not read through and accept many terms and conditions, people forfeit their Fourth
Amendment right and give up information to third parties (Slobogin).

What is the conflict between National Security and Privacy?

There is evidence of a conflict between protecting civil liberties and preserving
national security. Harvard political scientist Joseph Nye observed this when he stated, Nearly 12
years after the September 11th
attacks the pendulum is beginning
to swing back toward more calls for
civil liberties. He continues,
Congress and the Administration
need to find an acceptable middle
ground. This is a conflicting situation because as the U.S. Justice Department has claimed, there
have been many terrorist attacks thwarted because of the surveillance programs the government
is using (U.S. Justice Department).
Jason Margolis a journalist for Public Radio International explains that there is still much
that is not understand about Government Surveillance, but what is understood is that the
Government believes surveillance is necessary for protection. Personal devices will continue to
be the gateway for Government Surveillance, but even so, are citizens willing to sacrifice privacy
for protection? The topic of Surveillance is one that will always be relevant and begin to become
even more so as modern technology continues to make leaps and bounds forward (Margolis).

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Works Cited
Blacks Law Dictionary. Blacks Law Dictionary, 2016. Web. 26 Sept. 2016.
Dorff, Victor. Privacy: A Failed Experiment? The Huffington Post. The Huffington Post,
n.d. Web. 21 Sept. 2016.
Gilbert, Francoise. Demystifying The United States Patriot Act. Journal Of Internet Law..
Business Source Premier. n.d. Web. 22 Sept. 2016
Kaste, Martin. Why The FBI Director Puts Tape Over His Webcam. National Public Radio.
NPR, 8 Apr. 2016. Web. 26 Sept. 2016.
Kelly, Erin. Here's What Happens Now That the Patriot Act Provisions Expired. USA Today.
Gannett, 2015. Web. 28 Sept. 2016.
Margolis, Jason. After Snowden, Global Debate Over Privacy vs. National Security Gaining
Momentum. Public Radio International. N.p., 13 July 2013. Web. 28 Sept. 2016.
McCracken, Harry. How Government Did (and Didnt) Invent the Internet | TIME.com. Time.
Time, 25 July 2012. Web. 28 Sept. 2016.
Obama, Barack. Security And Privacy: In Search Of A Balance. Vital Speeches Of The Day.
Academic Search Premier. March 2014. Web. 26 Sept. 2016.
Robis, Leah Angela. When Does Public Interest Justify Government Interference And
Surveillance? Asia-Pacific Journal On Human Rights & The Law. Academic Search
Premier, 2014. Web. 26 Sept. 2016.
U.S. Justice Department. The USA PATRIOT Act: Preserving Life and Liberty. U.S.
Department of Justice. USDOJ. n.d. Web. 26 Sept. 2016.

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WhatsApp. WhatsApp Legal Info. 25 Aug. 2016. Web. 26 Sept. 2016.