Freedom vs. Security

Place yourself in the safety and comfort of your home, under the belief that “everyone has the right to the use and enjoyment of his property” (Department of International Law), searching, emailing, and talking about things that may be frowned upon by others.

Now imagine the raw feelings of fear and deception that would wash over you upon seeing Edward Snowden’s statement on how “the U. S. government is destroying privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they're secretly building.”You may initially feel betrayed, but Obama formally announced that the NSA acts solely in the name of safety right? Have we begun to sacrifice the freedom and rights which were granted to us in the 18th century, in the extensive and possibly ineffective chase for national security and safety? According to debate.

org, 13/20 Americans argue that freedom is far more important than security, and one member of the website, an average American citizen, argues that “without freedom there is no security, only the illusion that others will protect us better than we can protect ourselves (Sewhat).”It is important to note our freedoms and rights that are being sacrificed in the attempts to strengthen security; considering almost 30 terrorist attacks in the United States or against Americans have occurred since 9/11 (InfoPlease). In attempting to strengthen security and increase safety since 9/11, the NSA (National Security Agency), has violated the fourth amendment of the United States constitution, and with it, infringed upon the rights of persons of the United States of America.The Fourth Amendment of the United States Constitution is being and has been unlawfully infringed upon by the NSA since 9/11.

This amendment grants that citizens of the United States of America shall “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” that these rights “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” (Legal Information Institute).In summary, the Fourth Amendment grants all citizens of the United States the security that themselves, their homes, and their belongings shall not be unreasonably searched, seized, or violated, without a warrant granted with reason. As James Otis, Jr. , a renowned 18th century lawyer once said, “one of the most essential branches of liberty is the freedom of one's house. A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle” (McCullough).

Otis, argues that while you are silent, and not causing any harm to anyone, nor breaking any laws, the Government should grant you the liberty to be free in your own home. Upon establishing the transgressions of the National Security Agency in the attempting to strengthen security, and increase safety, an analysis should be made on the NSA’s requisitioned job in comparison to their kosher activities. The National Security Agency’s (previously Armed Forces Security Agency, established in 1952 [Truman]), job is to collect and report on information that accounts for foreign counterintelligence or intelligence.The NSA is not legally permitted to obtain data on any domestic happenings of United States persons, controlled through checks from the United States Foreign Intelligence Surveillance Court, or FISA Court. FISA in short oversees requests and warrants against suspected foreign activity within the United States (Cohen). However a large hole exists in this.

Originally the FISA Law was enacted in 1978 with the purpose of ensuring that NSA did not infringe upon the rights of the citizens of the United States of America.Since George Bush violated that law in 2001, when he began eavesdropping on the peoples of America with no legal consent from anyone, the law was adapted in 2008, to the FISA Amendments Act of 2008, in which most of Bush’s warrantless NSA programs were legalized. The new acts state that the NSA may not listen in to phone calls, or read emails, where United States citizens are involved, without the suspicion of them currently residing outside of the United States.However, the new acts require no individualized warrants when any situation that the NSA screens involves, or may involve a person, whether United States citizen or not, who they suspect to have been outside of the United States or currently outside of the United States. As Jack Balkin, professor at Yale Law School states, “The Fisa Amendments Act of 2008, effectively gives the President authority to run surveillance programs similar to the warrantless surveillance program (secretly implemented by George Bush in late 2001).

”And if you still don’t believe that these government programs could be violating the rights given to you by the fourth amendment then look at the response that was published when senators began asking the NSA exactly how many Americans were having their phone calls or emails screened without individualized warrants, “the implication that NSA's collection is arbitrary and unconstrained is false. NSA's activities are focused and specifically deployed against - and only against - legitimate foreign intelligence targets in response to requirements that our leaders need for information necessary to protect our nation and its interest” (NSA).This statement was published a month before President Obama announced in his statement to Charlie Rose on June 17, “if you are a US person, the NSA cannot listen to your telephone calls … by law and by rule, and unless they … go to a court, and obtain a warrant. ” These statements were both published following the day that Edward Snowden made the decision to become a whistle blower and made the following statement in an interview with the Guardian: “we see that it's happening domestically and to do that they, the NSA specifically, targets the communications of everyone.It ingests them by default.

It collects them in its system and it filters them and it analyses them and it measures them and it stores them for periods of time simply because that's the easiest, most efficient, and most valuable way to achieve these ends. So while they may be intending to target someone associated with a foreign government or someone they suspect of terrorism, they're collecting you're communications to do so… I sitting at my desk certainly had the authorities to wiretap anyone from you or your accountant to a Federal judge to even the President if I had a personal e-mail.”The Department of Justice has over and over again hindered efforts to obtain official statements judging whether the act respects the Fourth Amendment, or is legal. Because of the NSA, DOJ, FISA, Obama’s extensive efforts to cloud what actually is going on with the National Security Agency, the indistinct looseness of the FISA Amendments Act of 2008, and NSA infrastructure analyst Edward Snowden’s statement, it seems almost definite that although the FISA Amendments Act of 2008 is being followed (which is not difficult because of the fluidity of this act), the Fourth Amendment, granted to citizens of the United States of America in 1789, is not being followed.

Since September 11th, 2001, countless laws have been adapted and passed, with the goal of increasing the safety of persons residing within the United States of America, and to set an example to other countries that the United States is not one that gives in easily. However, since these laws, acts, guidelines, rules, and more have passed, millions of Americans are asking, at what point have we lost our freedom in the ongoing battle for safety?Although it would be difficult to pinpoint a specific moment when we lost our rights, it is important to note the sacrifices that we are making to our freedom and rights, in the never ending journey for total safety and security. Although this battle has been relatively unsuccessful in the 12 years since 9/11, considering the almost 30 terrorist attacks in the United States or against Americans have occurred since 9/11, the battle continues.However, in attempting to strengthen security and increase safety the NSA, an agency which is supposed to collect and report on information that accounts for foreign counterintelligence or intelligence only, has violated the Fourth Amendment of the United States Constitution, which grants all persons who are currently citizens of the United States of America the security that themselves, their homes, and their belongings, shall not be unreasonably searched, seized, or violated, without a warrant granted with reason, and with it, infringed upon the rights of the persons of the United States of America, which have been promised to us since 1789, when the Constitution was first brought into effect.Because of multiple government program’s (including NSA’s) relentless attempts to hide what actually happens within the agency, the fluidity of the FISA Amendments Act of 2008, and Edward Snowden’s statement on June 9, 2013, it is almost definite that the Fourth Amendment is not being followed.

Although on the surface the FISA Amendments Act of 2008 states that if you are a person of the United States of America the National Security Agency can not and will not screen your telephone calls or emails, by law, unless they go to court and are granted a warrant with probable reason, beneath the murky surface the Act allows the NSA to screen phone calls and emails of large groups of American citizens, as long as an American citizen is not the target of the search.FISA, the agency which was assigned to keep NSA in check, and ensure they were not abusing their power, is aware of the illegal acts which go on within the agency, however, does nothing because they are only required to approve a general statement on who the NSA will be targeting, and are not required to approve specific warrants. Although it is not reasonable to suggest that you seize to use any form of telephone or internet device to prevent the government from spying on you, it is reasonable to take out of this essay, at what point do you think we have given up freedom for security? And at what point will you, as a citizen of the United States of America, stand up for the rights which were granted to you 226 years ago?