Mass phone surveillance programs – security vs. civil liberties?

Abstract

Following September 11 attacks, America has increased its intelligence and defense capabilities. In particular, a historic law named USA Patriot Act was passed by Bush administration together with President’s Surveillance Program. Though the emotional trauma and immediate strategic need to defend the homeland is understandable as it is commendable that the law was passed relatively quick, the Constitution of the United States is what makes this nation so developed and great. This inquiry will take a deep look into the law in relation to unwarranted surveillance over phone activities of the people and assess its constitutionality. To support the assessment, the development of the relevant laws, Section 215 of USA Patriot Act and Section 702 of FISA Amendments Act, and the precedents will be analyzed leading us to assume a probable future verdict of the Supreme Court of the United States had it heard this case today. It will be shown that such encroachments on civil rights and liberties is not novel and precede terrorism. Thus, further appropriation and amendments shall be made to the laws to bring it to respect rights to privacy and warrant requirement for search and seizure as guaranteed by Fourth Amendment. Analysis of European Law will be made, using examples of UK and France, and a dangerous trend will be shown illustrating that some leading members of the Union are adapting draconian laws and through cooperation agreements aiding the US into doing things they cannot legally do in the US. Seven recommendations will be proposed to put the laws in question in line with the US Constitution and bring more legitimacy to the process.