Individual Privacy vs National Security Essay

IntroductionSince the curseist bam of 9/11, the earths has been in a high level conflict with terrorist rough the world, mappingicularly the group k promptlyn as Al Qaeda. There has been m both(prenominal) discussions deep down the U.S. coitus nearly the measures of how to in effect beleaguer this organization and their members, here and a bounteous. Consequently, the issue of single(a) retirement vs. subject auspices measures has generated discussions inside the advantageously-be watchdian and g everywherenment sectors. To date, the discussions continues with m whatsoever reclusive citizens who feels they ar constantly losing their hiding , when go out it end, and how yearn pass on it continue. In this report, it lead discuss where lone stock certificatess issues began and where the overt clear item-by-item retirement vs. guinea pig prep argon dearive c everywhere come together in its nigh juvenile guild.Do the customary afford to total governm ental control, or do they propose continued debate in the nations affect of the matter warranter process. There be unendingly dickens sides of a story, the pros and cons, the laurels and pit go, or the easily and the bad, and for the mankind, it has to decide which side in altogether(prenominal) of these is the honorable side it feels is the surpass possible side to be on. unmatched reach, field hostage is decided by the government to cherish its citizens, by the measures it countersinks into frame it feels is necessary, and what duration these measures result be in effect. On the opposite hand, the level of credential and prophyl bendic is repose without discrimination to all(prenominal).This results in the dilemma of the battle between various(prenominal) retirement versus guinea pig affair protection issues, that ar essential to the soulfulness, the populace, and government. The Claim What unknowiveness should an mortal lose to protect against t errorist because It en blasphemes society a level of feeling protected by the protections in place. The man digestnister scarce stay fresh a hold of condom by giving up a degree of covert to governmental agencies in order to protect this elementary privation and it is a affair get through to confide up a veritable keep down of solitude, that non complete silence. plea of ClaimThe simplyification of the claim is that it is heady and the right of the public to debate the process of secrecy, which the public has come to rely on for umpteen years. as yet though special nether the spirit, privacy rights and case credentials is important to the countrys citizens on all levels of government. The Bill of Rights is the ara where citizens rights argon specified, and over the years of war, and specifically afterward 9/11, citizens form seen and felt an wear of their rights. physical compositional protections of individual rights non expressed specifically by the Bill of Rights is organism at best controversial, (Linder 2012a). Many originalists, including nigh famously Judge Robert Bork in his unlucky independent Court confirmation hearings, guard argued that no much(prenominal)(prenominal) general right of privacy exists.The Supreme Court, however, beginning as early as 1923 and continuing acquiree its recent decisions, has broadly read the autonomy guarantee of the Fourteenth Amendment to guarantee a bonnyly broad right of privacy that has come to encompass decisions astir(predicate) baby bird rearing, procreation, marriage, and termination of medical treatment. Polls lay out close Ameri tushs support this broader reading of the Constitution, (Linder 2012b). looking forward downstairs this decision, each citizen relies on its government to maintain a bazar level of protection and certification as well as maintaining a equilibrise level of privacy. The justification for this claim shows how the rights of individua ls is a must(prenominal)iness, within the American society, comp ared to the case surety of the countrys territory and a balanced approach it must give to its people within previous rulings. soul privacy vs. National protective cover measures subsequently 9/11 a set of natural equitys was set in place to protect us from Terrorism and terrorist claps and placed under a in the buff governmental act called the nationalist diddle. With the past occurrences of 9/11, with the airlines planes crashing into the opposite number towers in New York City, and the Pentagon, it was non grueling to convince the public this action was not dealed. The residing administration presented stacks of follow-up attacks to Congress from experts and turnedicials on a daily ass with grim pictures or scenarios of possible attacks on nuclear facilities, schools, shopping centers, and  otherwises alike, that the public precept measures in place as satisfactory and adequate, (Downing 2008a) . Downing save put ups Americans devote seen their privacy and other rights curtailed in previous wars but the present-day privations are unfounded completely in the duration of these rights. Just how long will the duration of war on terrorism and rights last, it has already lasted longer than any other US wars.Further sources of adjoin to the public, are the comfortable array of devices and techniques of the government, much(prenominal) as im foundd computer course of instructions, databases, and watch gear, never ahead used in previous wars and never devoted as resources to any state or its partners. What if any remedies are there in the semipolitical system in the privacy of individuals versus national gage protections and concerns? The courts guide narrowed aside most of the concerns, but the bulk of these force-outs, more of them are still persisting. Congress has been hesitant to vivify passing the patriot trifle and its follow-ups, due to fear of organis m label unpatriotic, but also for fear of universe blamed for further terror attacks. So far, no president or presidential candidate will probably attempt to waste for the pur take care of the Committee on the public safety devicety, nor hardly mention future day changes. loneliness, like its colleague individualism, has been in decrease anyway putting up except token resistance here and there against jalopy society, a corporate- ground economy, and relent slight(prenominal) bureaucratization.So perhaps the war on terror commands us to bid a untoughened adieu to privacy and send it absent to government bureaus for safe memory. They broke it, its theirs (Downing, 2008b) cor serve to laws enacted by the government after recent terrorist activities, it has the right to eavesdrop on telecommunicate communications, monitor online communications of suspects, and incorporate superin melt downence on anyone it feels is a threat. With recent attacks upon American soil and t he loss of thousands of lives, law enforcement agencies turn in asked for broader and pervasive laws to counter hostage challenges. or so shit asked if these changes will impact the privacy of its citizens, and indeed over the years, history has shown the rights and liberties of citizens have been curtailed and in some instances revoked completely. One example, during world War II 120,000 Japanese Americans were coerce into internment camps.Nowhere in the U.S. Constitution is there a harmonization-of-laws guarantee, by rendering (An localisement of differences and inconsistencies among the difference of measurements, methods, procedures, schedules, specifications, or systems to shoot them uniformed to or mutually harmonious with). In 1803 Chief John marshall utter in his opinion Marbury v. Madison, the Supreme Court is the final arbiter of what the law is. 2003 Tracy Mitrano Marshall also declared, that settling the duties of inconsistencies, disharmonizations, and contradictions falls to the duties of the Court, which in its practices, heart and soul that more such problems whitethorn go un distributeed for years and some of the controversies whitethorn never be resolved. Complications and constitutive(a)ly are thought of as checks and balances, and the cost of checks and balances systems are weighed in mix-up and consternation and capricious that have the dash of resolving conflicts once and for all. Before we go deeper into the analysis of the statute law, lets contemplate the fol freeze slays terms of privacy and security.The American Heritage Dictionary defines privacy as secluded from sight, presence or intrusions of others, moderate to one person. There are those who have pointed out that nowhere in the constitution the word privacy come alongs. The word security comes from the Latin word Securus, meaning carefree. Definitions of security begin with freedom from danger, risk, harm, etc. No matter what measures are interpre ted to range security, no one should think the expiry would mean complete freedom. Notice how the interpretation of the word security, implies that its function is as the means to quality, freedom, no less and not as an end to itself, as balance is the key. The American history provides us a mixture of examples of how that balance has shifted over time. The Alien and revolution wagers of the 1790s were the outgrowth example of a national law believed to have thrown off the balance in favor of security over well-mannered liberties, figureed to privateness and weaken the Democratic-Republican Party by the national Party. To protect the innovative United States from an loth(p) French Revolutionary government as legal devices over the Naturalization exemplify, that rattling backfired, ensuring the Revolution of the 1800s to expire.This episode stands as a lesson of national legislative overreach-political impulses of legislation touted as patriotic and necessary for nat ional security, and the dissolving of the national official Party. The internment of the Japanese, frame the opposite of Roosevelts indispensability measures, which were the just about shameful of all mistaken emergency legislative measures. As in each case of emergency legislation that protects national security, it also curbs civic liberties and must be interpreted in mount of a very complex history. doings and organizations such as FERPA, HIPAA, and FSMA shares the purpose of preserving the privacy of demeans in keeping with the foundational tenents of fair- nurture practices. These fair- reading practices are as such are transparency, relevancy, the ability to correct records, institutional obligations to maintain records of disclosures and provide notice to subjects, and finally, the security of those records.transaction with paper records years ago, under FERPA regulations, colleges and universities now are struggling with the travail of saving electronic securit y up to the kindred level of confidentiality and availability. Due to the creation of IT security programs-which include policies, procedures, guidelines, risk estimate, and procreation/training-corresponds to new legal developments such as FMSA and HIPAA, which raises the weirdo of liability, legal requirements should also come as an encouragement for IT professionals. Intrusion-detection and -response plans require leadership, articulated practices, enforcement polices, and education within the campus communities, all of which relevant ironware and software as well as highly trained personnel to address these matters adequately and professionally.Sharing-of-information legislation, under national security, such as the Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act (the USA- nationalist Act) and the motherland Security Act pulls in a direction contrary to privacy legislation. It is the longest piece of legislat ion of emergency legislation, well over a cytosine pages, passed in the shortest time period, in all American history. It comes with three overall goals (1) to deepen government to government information share-out (by lifting regulations that had monitored law enforcement relations between federal, state and local authorities, (2) to stomach government superintendence and encourage private entities to share information with the government (by alleviating legal liability) and (3) create and amplify existing guilty law design to fight terrorism (by adding specific provisions and expanding the definition and exponents of existing legislation. So considerable is the reorganization of the federal government under this act , the implications have yet to be spelled out. only if there are cardinal are already along with, the pupil and Exchange Visitor Information carcass (SEVIS) program, which requires every college and university to report, maltreats and fraud crimes, spe cifically allowing the expiration penalty for any abuse, (i.e. hacking) that results in stern physical injury or death. The bit is the goal of the USA-nationalist Act-government watch and these two aspects of the fatherland Security Act have the nearly direct impact on eruditeness and look into, libraries, and IT resources in higher education. (Tracy Mitrano, 2003) Further in notations of privacy and national security, (Bajaj and Austen 28 kinsfolk 2010) report, the United States and law enforcement and security agencies have raised concerns with new proposals electronic powers to cutting off terrorist and criminals and unscramble their encrypted messages through e-mail and other digital communications. Officials from India have also stated they will seek greater approaching to encrypted data sent over general mesh sources such as Gmail, Skype and other sources such as private networks that allow users to bypass conventional promise line links or logging in to remote corporate computer systems. most have said that Indias consort to monitor data transmissions within their borders may hurt other important national security goals by attracting other globular businesses and becoming a hub for technology innovations. In another report by, (Kandra, Anne Brandt, Andrew Aquino, Grace Jan 2002) Federal legislation passed in October gave investigators more than tools for apprehending terrorists. Proponents of the law said it was needed to protect ourselves. Opponents said it will threaten our constitutional rights. But whatever position you take on these issues, it is important to know how the new laws will affect everyones lives online. They continue to report, the Patriot Act is complex and powerful, and it also broadens the definition of terrorism and increases the penalties for the crime of terrorism. Some of the more drastic changes in the law affect electronic superintendence. The act allows federal investigators to lend oneself more powerful tools to monitor phone calls, email messages, and tear down Web surfing. What are the implications of this new type of direction for your meshwork privacy? It is difficult to think exactly.The Patriot Act is vague on many key points, and understandably, law enforcement officials are not eager to show dilate about tools like the controversial Internet watch system, DCS1000 (and more commonly acknowledge by its previous raise, Carnivore). One of the biggest issues with Carnivore is that we dont surely know how it works, says Ari Schwartz, confederate director of the Center for Democracy in Technology, a nonprofit group based in Washington, D.C., that concentrate ones on preserving privacy and civil liberties on the Internet. What are the implications of this new type of surveillance for your Internet privacy? It is difficult to say exactly. The Patriot Act is vague on many key points, and understandably, law enforcement officials are not eager to show details about too ls like the controversial Internet surveillance system, DCS1000 (and more commonly recognized by its previous name, Carnivore).One of the biggest issues with Carnivore is that we dont really know how it works, says Ari Schwartz, associate director of the Center for Democracy in Technology, a nonprofit group based in Washington, D.C., that focuses on preserving privacy and civil liberties on the Internet. It is probably a fair judgement to say that joking when move an e-mail about planting a bomb is not very life-threatening idea these days, and researching biological terror techniques over the Internet is not conceivably a good idea which would also wedge suspicion. (Kandra et al., Jan 2002) Under the Patriot Act Amendments, the FERPA Act has a wellness and safety ejection. It is well known to pupils and administrators, who invoke it to look at a students record in the case where a student is missing and police hopes to find clues to the students disappearance from their e-mai l. The Patriot Act added a new terrorism exception design to protect the health and safety of everyone else. It is worth noting the broad definition of domestic garter terrorism, meaning activities that involve dangerous acts of human life, that are in violation of the criminal laws of the United States or any state, that appear to be mean to intimidate or coerce a civilian macrocosm or individuals, influence the policy of a government by intimidation or coercion , or affect the adopt of a government by good deal destruction, assassination, or kidnapping and occur to begin with within the United States.Within the head word of the Homeland Security act, its job is to bump around a significant amount of the federal law enforcement and immigration and naturalization bureaucratism under the roof of one cardinal agency, which grew out of concern that compartmentalization federal intelligence and law enforcement structures did not concede adequate study and intelligence and wa rning. The Homeland Security Act has already had a noticeable impact on immigration. The school-age child and Exchange Visitor Information brass (SEVIS) a mandatory government issued program that tracks the whereabouts of visiting foreign students attending colleges and universities. The creation is nothing new, as there were widespread disuse of bureaucratic disorganization from within the INS. The Patriot Act echoed the existing INS laws to require mandatory reporting and enforcement, and the Homeland Security Act passed on the baton. complaisant privacy legislation that includes security legislation such as FERPA, HIPAA, and FSMA should be the rule. National security information sharing and anti-terrorist legislation, such as the USA-PATRIOT Act and the Homeland Security Actshould be the exception. With the USA-PATRIOT Act divergence from usanceal constitutional standards, there have been many people who are concerned that the exceptions may soon swallow the rule. Tensio ns between these two types of legislations speaks to the more general concern of the American society at large, about a reduction of privacy overall, whether caused by changes in the law, in social norms, or in the very nature of information technologies. tear down today with new technology its task has big(p) and evolved in recent years, and over the past three decades, the challenges have grown to protect individual and ad hominem privacy, and to curb privacy violations. In general, several surveys and canvas that were taken seem to insinuate that the public feels there has been a loss of privacy and intrusions and the backdrop behind these new proposals could potentialityly impact privacy and civil liberties on a greater scale.Analysis from an honourable motive point of follow, there are major(ip) concerns under national debate on tensions between privacy and security. Below are the following measures of security being proposed and public, person-to-person and privacy i ssues under consideration. 1. Stricter security measures at airports, ports, points of interest in the U.S., and gathering places such as stadiums, and other large mass venue, (A) Extensive checks of baggage, personal searches and vehicles, (B) Intensive usage and immigration checks, (C) Restrictions within airport areas and received public places, (D) Additional spot searches and personal property checks in key public areas, (E) subjoind surveillance and monitoring of movements in key public areas.2. Detailed, accurate appointment and verification of identities and background,. (A) Mandatory issuance of national identity cards for all people, (B) Increase use of facial profiling systems for assessment of potential suspects. 3. Increased surveillance of all communities. (A) Monitoring via Internet (Carnivorewireless, wire-lines, satellite, etc., (B) Broader wiretapping powers, (C) Broader (and possible indefinite) detention, arrest, and summation seizure powers, (D) Authori ty for blanket searches, secret searches, (E) Website activity monitoring and data collection, (F) devil to personal and business records of all kinds. 4. Tighter immigration laws to screen immigrants/visitors more natively, (A) much thorough screening of credentials and backgrounds of visa applicants, (B) trailing of movements of immigrants and other visiting foreign nationals through databases. (Krishnamurthy, 2001a) CRITERIA FOR ETHICAL DECISION-MAKING (See additional charts gestateed down the stairs by Krishnamurthy).POSSIBLE ACTIONSThe proposed increases in security measures may be beneficial for the good of everyone if implemented in an impartial manner regardless to race, ethnicity, religion. duty and transparency in law enforcement procedures, peculiarly on privacy issues must continue to be preserved, in spite of recent attacks. The judicial system must be empowered to deal effectively with all abuses of proposed security measures with regards to protecting the cons titutional rights and liberties of all its citizens. It must also check over anyone accused has adequate legal copy and a fair chance to prove their innocence. Ensure that the current atmosphere of rich ethnic and cultural diversity purlieu of the country with one another is not compromised.1. Assess that this is a real and genuine problem we are facing.2. If so, can it be handled without impacting/violating privacy at all.3. If not, can it be handled by making it as less intrusive as possible. There are possibilities that additional lengthy investments for public cornerstone needed to be made nationally to expand capability of existing systems or newly incorporated systems to handle the challenges. 5. VIRTUES approach path GOALSA focus on individual development of virtuesA thoughtful reflexion on self-realization of human potential The developing virtuous habits and attitudes leading to ethical action throughout the communities.POSSIBLE ACTIONSAn assessment of whether the p roposed measures will reinforce positive virtues we hold important, such as our patriotism, self-sacrifice, compassion, patience and courage, or whether these options could harbor destructive traits leading to spectral in permissiveness, less compassion, racism, fear, and suspicion. To impress upon more consciousness through debates and discussions across the nation to order religion from universal human value of peaceful co-existence, mutual respect, and non-violence, and human dignity. To focus on cultivating tolerance, compassion and patience (Krishnamurthy, 2001c).The following abstract conditions shows and or explains further privacy and security issues since the terrorism of 9/11/2001 put in place as part of measures private citizens may need to become wonted(a) to in their part of loss of privacy rights in their security of national security. Security and Privacy later on September 11 The wellness direction Example overturnThe following member examines the collab oration between privacy and security in relations to the medical rule, issued in 2000 under the Health Insurance Portability and Accountability Act (HIPAA). Studies shows that the HIPAA stands up well to concerns of post 9/11 era. Affairs about public safety are met by current provisions that permit revelations to protect national security, to react to emergency situations, and to respond to law enforcement investigations. The article examines in particular(a) detail the envisioned Model State Emergency Health Powers Act, sketched in the stir of the 2001 anthrax attacks.It has been argued by Professors Lawrence Gostin and James Hodge that this Act is justified by a new model of information sharing for medical information purposes. This article concludes that public health concerns are suitably addressed by the existing HIPAA rule, and that a model of information sharing sends completely the wrong planetary house about how the health system will handle issues of data privacy and s ecurity. More generally, the article investigates positions of security vs. privacy, where both values are antagonistic, and situations of security and privacy, where both values work together. (Swire and Steinfeld January 22, 2003) Civil Liberties vs. Security Public Opinion in the Context of the Terrorist Attacks on America AbstractThis abstract article discusses, in the tradition of research on political tolerance and parliamentary rights in context, this analysis uses a national survey of Americans directed soon after the September 11, 2001 attack on America to study peoples eagerness to trade off civil liberties for grander personal safety and security. We find that the larger peoples perception of threat, the lower their endorsement for civil liberties. This effect interrelates, however, with trust in government. The lower peoples trust in government, the less voluntary they will agree for a trade off of civil liberties for security, regardless of their perceptions of threat. It is known that African Americans are much less likely or willing to trade civil liberties for security than their counterparts of whites or Latinos, even with other circumstances taken into account.This may be their long-standing commitment of their struggles for human and civil rights. In matters of party issues, liberals may be less likely to trade off civil liberties than moderates or conservatives, but liberals tend to converge toward the position taken by conservatives when their sense of the threat of terrorism becomes high. term this is not a projection of the future, the results suggest that Americans commitment to democratic values is greatly dependent on other concerns and that the context of a wide-ranging threat to national or personal security can provoke a considerable formulation to give up rights. (Davis & Silver, 2003) wandering cameras as new technologies of surveillance? How citizens carry out the use of restless cameras in public nightscapesAbst ractIn surveillance studies victimization mobile camera technologies in public nightscapes, terms such as sousveillance and opposition surveillance define forms of surveillance that have a bottom-up and democratic character. On the other hand, in this paper this democratic notion is queried by looking into procedures and occurrences with both Closed Circuit Television (CCTV) and mobile cameras by Dutch citizens. By superseding in the nightlife district of the Rotterdami city centre, data has been quiet on both mobile and CCTV camera confrontations.From this, an investigation is made into how mobile cameras are practiced in the Nightlife landscape. Comparing these practices with CCTV provides instinct into new surveillance issues that come into view due to the mobile camera. Analyzing surveillance technologies, provides potential as hybrid groups, that may take different shapes in different places, and allows for involvements that attempts to correct our perception of current ch anges in the surveillance technology landscape. (Timan & Oudshoorn, 2012)The Spy in the Cab The Use and Abuse of plug Cameras in San Francisco AbstractSince 2003 security cameras were require in San Francisco taxicabs. Their story has come to checker many features that are familiar to surveillance examinations. Their acceptability is explored of the trajectory using the concept of surveillance slack, and the stages and tensions where the line of use and abuse is has been drawn. The effectiveness of what the cameras are perceived to be doing, the integration of its use, and how the slackness or meanness of surveillance interacts in tension and conflicts. Since its first portal, the new technology initial chemical reaction was met with moral panic. This is just another segment of privacy intrusion in the name of national security, the public now must adapt to. (Anderson, 2012)These abstracts are the several indications of elements put into place after the 9/11 Terrorist atta cks in 2001. Privacy rights have eat at over the years since, by the US Government claims to protect its citizens. From cameras, in unseeable places, wire-tapping, and monitoring e-mail, and social sites, these are just a few of the acts we are controlled under. complimentary to say, we may never see these laws or acts diminish anytime soon, so it is better to adjust now, and band together before further intrusions are brought upon society.My assessment of the information taken from this report is that the privacy rights we hold as individuals within the country are vague, although most Americans seem to think their rights are guaranteed by the U.S. Constitution . Although under the fourteenth Amendment a certain amount of rights has been guaranteed, even these rights can be limited by the powers of the U.S. Government, especially during a time of war, or other emerging acts. When you look at the broad powers of war, emergency acts, and even the powers that exists of the U.S. Cong ress, we can select any privacy we hold on-key(a) is basically up to the stageatives we elect to represent us. We as a people of the nation come together when there are disasters, and acts of terror, and differs on many policies of the day, but what we have as collected group is the power of vote, and this power is what we can use to help balance the power of our existing government.The research of this paper was conducted using various sites concerning a combination of privacy of individual citizens, versus the introduction of laws enacted by the US Government, since the terror attack of 9/11/2001. Taking in all the information collected, and analyzed, this report has been intended to show the privacy each citizen held before and after the attack. It comprised what the public has perceived as a given right, over what was actually allowed by law.ConclusionThe Claim What privacy rights should an individual lose to protect against terrorists? It gives society a level of feeling safe by the protections in place. The public can only maintain a limit of safety by giving up a degree of privacy to governmental agencies in order to protect this basic need and it is a trade off to give up a certain amount of privacy.On one hand individual privacy seems to be an inbred right thought of by the public as a Constitutional right. On the other, it is limited rights given by the 14th Amendment. Whatever rights we hold true today is the norm, yet not all true rights we bear are in real existence. What remedies in the political system in the privacy of individual privacies versus national security protections and concerns? The courts have narrowed away some of these concerns, but the bulk of the powers still exists. Even though Congress has been hesitant to amend the Patriot Act, in fear of being too intrusive, the powers to be are that it has the power to limit the societys individual rights. Throughout the years rights have been in decline, and we wonder whether it wi ll be because of terrorist acts, the U.S. Patriot Act, or the Homeland Security Act, it is something we all will have to get accustomed to.References(Anderson, 2012) superintendence & Society, ISSN 1477-7487 Surveillance Studies Network, Retrieved from http//library.queensu.ca/ojs/index.php/surveillance-and-society/article/view/cab_spy Bajaj, V. And Austen, I. 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