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- All Subjects: National Security
- Creators: Coordes, Laura
- Creators: Gartner, David
- Creators: Longley, Kyle
Description
Edward Snowden's publishing classified information about the existence of the Section 215 bulk collection metadata program set in motion the largest debate about potential abuse in by spying agencies since the Watergate Scandal in the 1970's. This paper will examine the metadata program by: First, the relevant background which includes the establishment of the 20th century intelligence community, intelligence reforms in the wake of the Watergate scandal, and the changes stemming from the 9/11 attacks. Second, the Section 215 metadata program itself will be discussed, including its lawfulness. Third and finally, an analysis of potential reforms will be discussed, including ones advanced by government commissions. Ultimately, the Section 215 program has demonstrated compelling legal authority, positive benefits to national security, and a minimal need for reform. This conclusion is based on the program being consistent with the legal spirit of the Watergate Reforms, the language of the post-9/11 laws, the nature of the program, and the robust oversight protocols imposed upon the program.
ContributorsRicci, Anthony James (Author) / Gartner, David (Thesis director) / Longley, Kyle (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / School of Politics and Global Studies (Contributor)
Created2014-05
Description
Does the USA PATRIOT Act place unconstitutional pressure on the telecommunications industry to comply with federal surveillance requests for information at the determent of their domestic and international operations? Is the Act in direct violation of the Fourth Amendment protection against unlawful search and seizures due to its vague language and lack of judicial oversight or adequate safeguards? In this thesis I will analyze whether, the USA PATRIOT Act infringes on a corporation's civil liberties through both historical references of both its legislative structure and design as well as current issues at the center of Congressional controversy. The forced cooperation demanded of the telecoms by the government subjects these businesses to possible consumer distrust, financial burdens, and inability to ensure confidentiality of communications for their multinational clients. The U.S. based telecommunications firms will continue to grow in the global marketplace; however, their competitive advantage will be limited by the excessive misuse of Federal powers to access United States' consumer information through third-party enterprises. Therefore, the provisions relating to the government's unchecked access to telecommunication data are unconstitutional because they do not serve a legitimate government interest in the least restrictive manner possible. They should be revised to balance both national security concerns and a telecom's right to protect its corporate infrastructure and brand.
ContributorsWhitaker, Victoria Lynn (Author) / Lynk, Myles (Thesis director) / Coordes, Laura (Committee member) / Department of Economics (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2015-12