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BASIC SURVEILLANCE TOPIC BACKGROUND Rich Edwards Baylor University 2015-16 National Policy Topic Resolved: The United States federal government should substantially curtail its domestic surveillance.

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HISTORY OF FISA Church Committee Report Foreign Intelligence Surveillance Act of 1978 Wall of Separation between foreign and domestic surveillance FISA Court or FISC Eleven Judges Serving Staggered 7 Year Terms Drawn from Sitting U.S. District Court Judges

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Nothing to Fear? NYT Nov. 22, 2014; Published the FBIs Suicide Letter to MLK King, look into your heart. You know you are a complete fraud and a great liability to all us Negroes.... We will now have to depend on our older leaders like Wilkins, a man of character and thank God we have others like him. But you are done.

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Nothing to Fear? NYT Nov. 22, 2014; Published the FBIs Suicide Letter to MLK No person can overcome the facts, no even a fraud like yourself. Lend your sexually psychotic ear to the enclosure. You will find yourself and in all your dirt, filth, evil and moronic talk exposed on the record for all time.... Listen to yourself, you filthy, abnormal animal. You are on the record.

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Nothing to Fear? NYT Nov. 22, 2014; Published the FBIs Suicide Letter to MLK King, there is only one thing left for you to do. You know what it is. You have just 34 days in which to do it (this exact number has been selected for a specific reason, it has definite practical significance). You are done. There is but one way out for you. You better take it before your filthy, abnormal fraudulent self is bared to the nation.

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USA PATRIOT ACT SECTIONS USA PATRIOT Act: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 Section 203: Information Sharing Section 206: Roving Wiretaps Section 213: Sneak and Peek Searches Section 215: Any Tangible Things Section 505: National Security Letters Section 702: Targeting Non-U.S. Persons

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Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) Amended the definition of an agent of a foreign power to include a Lone Wolf terrorist Eliminates the need for intelligence agencies to prove a connection between a non- U.S. person and a foreign terrorist group

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FISA AMENDMENTS ACT OF 2008 (FAA) Replaced the Short-Lived Protect America Act of 2007 or PAA Granted immunity to Internet Providers Authorized the FISC to approve general procedures for surveillance as opposed to individualized warrants

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Executive Order 12333 Issued by President Ronald Reagan in 1981, but used as authority for intelligence collection by all subsequent presidents. Says, in part, All means, consistent with applicable Federal law and this order, and with full consideration of the rights of United States persons, shall be used to obtain reliable intelligence information to protect the United States and its interests. The 16-page text of this Order is available at http://fas.org/irp/offdocs/eo/eo-12333- 2008.pdf. http://fas.org/irp/offdocs/eo/eo-12333- 2008.pdf

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USA FREEDOM ACT (2015) Public Law 114-23 June 2, 2015 Uniting And Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act Extends and Amends Section 215, Extends 702 Private, not Public Metadata Storage Privacy Advocate (FISA approved 99.77% of requests over past decade)

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Privacy = Personhood Kimberly Bailey, (Prof., Law, Chicago-Kent College of Law), UC DAVIS LAW REVIEW, June 2014, 1554. According to Anglo-American ethicists in the Kantian tradition, self consciousness, free-will, rationality, moral agency, and the ability to form life plans are essential traits of personhood. Privacy creates, sustains, and enhances personhood because it provides individuals with the space to develop these traits without the fear of being monitored, judged, and sometimes even unjustifiably punished.

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Privacy Essential to Democracy REPORT OF THE PRESIDENTS REVIEW GROUP ON INTELLIGENCE AND COMMUNICATIONS TECHNOLOGIES, 2014, 2. [Where] there is no right to be let alone, people struggle to organize their lives to avoid the governments probing eye. The resulting unfreedom jeopardizes, all at once, individual liberty, self-government, economic growth, and basic ideals of citizenship.

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Privacy Essential to Dissent Stephen Schulhofer, (Prof., Law, Vanderbilt U. Law School), MORE ESSENTIAL THAN EVER: THE FOURTH AMENDMENT IN THE TWENTY-FIRST CENTURY, 2012, 155. Political and religious liberty are implicated as well. Americans who follow a mainstream religion and take little interest in politics may not care whether the FBI knows what church they attend or what books they prefer. But a healthy democracy requires critics and dissenters. If the government can easily discover what everyone reads and with whom they associate, the ability to practice religion freely and to support unpopular causes is at grave risk.

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Privacy Essential to Creativity Daniel Murfet, (Prof., U. Southern California), BIG DATA POWER: WHAT TO EXPECT FROM MASS SURVEILLANCE, Jan. 2014, 6. To thrive and develop healthily we need space space to be, space to think, space to experiment and explore, space for trial and error, space to dream, indulge fantasies and produce ideas. A necessary condition for such space is a good dollop of freedom, lack of direct or indirect intrusion and interference. Pervasive surveillance leads to karmic disaster: we lose virility and creativity, which are traded for meekness and lowliness. This makes us hollow, dull and uninteresting to ourselves, and to our actual and potential friends and partners.

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Loss of Privacy Worse than Threat of Terrorism John Rutherford, (Attorney & Pres., Rutherford Institute), DOMESTIC SURVEILLANCE, 2015, 67. The reality is this: we no longer live in a free society. Having traded our freedoms for a phantom promise of security, we now find ourselves imprisoned in a virtual cage of cameras, wiretaps and watchful government eyes. All the while, the world around us is no safer than when we started on this journey more than a decade ago. Indeed, it well may be that we are living in a far more dangerous world, not so much because the terrorist threat is any greater but because the government itself has become the greater threat to our freedoms.

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AFFIRMATIVE CASE POSSIBILITIES Rich Edwards Baylor University 2015-16 National Policy Topic Resolved: The United States federal government should substantially curtail its domestic surveillance.

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FISA COURT REFORM Right to Privacy Vital to Democracy Unchecked Surveillance undermines privacy FISA Court Fails to Check Privacy Advocate Essential 83-Page Report Available at: https://www.brennancenter.org/sites/default/files/publications/What_Went_%2 0Wrong_With_The_FISA_Court.pdf https://www.brennancenter.org/sites/default/files/publications/What_Went_%2 0Wrong_With_The_FISA_Court.pdf

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BULK COLLECTION Freedom of Association Undermined Mass surveillance counterproductive USA Freedom Act perpetuates the problem Only the abolition of Section 215 will protect liberty Available at: http://www.infoworld.com/article/2931559/security/dont-fall-for- the-usa-freedom-act.htmlhttp://www.infoworld.com/article/2931559/security/dont-fall-for- the-usa-freedom-act.html

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BIG DATA Government profiles of citizens uniquely harmful Third Party exception enables federal spying The Electronic Communications Privacy Act should be amended to require specific warrants 130-Page Report Available at: http://www.futureofprivacy.org/wp- content/uploads/Big-Data-and-Privacy-Paper-Collection.pdfhttp://www.futureofprivacy.org/wp- content/uploads/Big-Data-and-Privacy-Paper-Collection.pdf

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PRIVATIZE THE TSA TSA screeners violate privacy while failing to provide security TSA oversight of passenger screening is inherently flawed Privatized screening superior 16-Page Report Available at: http://object.cato.org/sites/cato.org/files/pubs/pdf/pa742_web_1.pdf http://object.cato.org/sites/cato.org/files/pubs/pdf/pa742_web_1.pdf

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FBI INFORMANTS FBI is committed to the use of a provocateur strategy in Muslim communities FBI provocateur strategy is counterproductive FBI use of informants shoud be restricted 24-Page Article Available at: http://johnjayresearch.org/cmcj/files/2012/09/motherjones_story.pdf http://johnjayresearch.org/cmcj/files/2012/09/motherjones_story.pdf

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IMMIGRANT SURVEILLANCE U.S. now committed to an enforcement first strategy Intensive surveillance results in harmful mass detention Surveillance in immigrant communities should be curtailed 6-Page Article Available at: http://csws.uoregon.edu/wp- content/docs/InitiativeArticles/ImmigrationPDFs/GazeOfSurveillance.pdfhttp://csws.uoregon.edu/wp- content/docs/InitiativeArticles/ImmigrationPDFs/GazeOfSurveillance.pdf

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DRONE SURVEILLANCE Federal policy causes an explosion in the use of drones Drone surveillance unreasonable violates personal privacy Drone surveillance should be curtailed 34-Page Report Available at: http://www.brookings.edu/~/media/Research/Files/Reports/2014/10/drones%20 aerial%20surveillance%20legislators/Drones_Aerial_Surveillance_McNeal_FINAL. pdf http://www.brookings.edu/~/media/Research/Files/Reports/2014/10/drones%20 aerial%20surveillance%20legislators/Drones_Aerial_Surveillance_McNeal_FINAL. pdf

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CYBER ATTACKS Encryption essential to preventing cyber threats Federal policy currently undermines encryption Passage of the Secure Data Act will best protect privacy and prevent cyber attacks Available at: https://www.eff.org/files/2014/01/03/cryptowarsonepagers- 1_cac.pdfhttps://www.eff.org/files/2014/01/03/cryptowarsonepagers- 1_cac.pdf

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GEOLOCATION SURVEILLANCE 4 th Amendment protections against unreasonable search are vital The federal government now engages in unreasonable searches The GPS Act will best preserve geolocational privacy 20-Page Law Review Article Available at: http://arizonastatelawjournal.org/wp- content/uploads/2014/04/45-Ariz.-St.-L.J.-1277-2013.pdfhttp://arizonastatelawjournal.org/wp- content/uploads/2014/04/45-Ariz.-St.-L.J.-1277-2013.pdf

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FAMILIAL DNA Racial profiling is harmful Familial DNA searches perpetuate racial profiling Current FBI policies for the CODIS DNA database enable familial DNA searches The federal government should ban the use of familial or partial DNA searching 12-Page Report Available at: http://www.aclu-il.org/wp- content/uploads/2011/03/Speech-DNA-familial-testing.pdfhttp://www.aclu-il.org/wp- content/uploads/2011/03/Speech-DNA-familial-testing.pdf

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CENSUS SURVEILLANCE THE U.S. Census Bureau currently requires monthly administration of the American Community Survey The ACS unduly violates personal privacy Administration of the ACS should be banned Available at: http://www.socialsciencespace.com/2015/03/american-community- survey-back-in-the-frying-pan/http://www.socialsciencespace.com/2015/03/american-community- survey-back-in-the-frying-pan/

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WELFARE SURVEILLANCE Federal welfare legislation promotes the surveillance of welfare recipients Welfare surveillance is debilitating The federal government should curtail its promotion of welfare surveillance 56-Page Law Review ArticleAvailable at: http://practicum.brooklaw.edu/sites/default/files/print/pdfs/journals/brooklyn- law-review/volume-77/issue-4/blr_v77iv_0.pdf http://practicum.brooklaw.edu/sites/default/files/print/pdfs/journals/brooklyn- law-review/volume-77/issue-4/blr_v77iv_0.pdf

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IRS SURVEILLANCE The IRS regularly uses its surveillance powers to intimidate political opponents IRS intimidation of political opponents undermines democracy IRS use of political targeting should be banned 77-Page Report Available at: http://oversight.house.gov/wp- content/uploads/2014/06/How-Politics-Led-to-the-IRS-Targeting-Staff-Report- 6.16.14.pdfhttp://oversight.house.gov/wp- content/uploads/2014/06/How-Politics-Led-to-the-IRS-Targeting-Staff-Report- 6.16.14.pdf

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EDUCATIONAL SURVEILLANCE No Child Left Behind currently requires the intensive use of standardized testing High-stakes standardized testing undermines the quality of education Federal promotion of standardized educational testing should be banned

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MUSLIM CHARITIES The U.S. government engages in intensive surveillance of Muslim charities Intensive surveillance deters support for programs essential to alleviate suffering The U.S. government should curtail its surveillance of Muslim Charities 166-Page Report Available at: https://www.aclu.org/files/pdfs/humanrights/blockingfaith.pdf https://www.aclu.org/files/pdfs/humanrights/blockingfaith.pdf

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DRUG SURVEILLANCE The U.S. Drug Enforcement Agency engages in intensive surveillance of drug offenders Intensive drug enforcement results in massive prison crowding The U.S. DEA should curtail its surveillance of drug offenders Available at: http://www.democracynow.org/2013/8/6/a_domestic_surveillance_scandal_at_t he# http://www.democracynow.org/2013/8/6/a_domestic_surveillance_scandal_at_t he#

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SURVEILLANCE OF ATTORNEY- CLIENT CONTACT The U.S. government now monitors attorney-client conversations for terrorism suspects Monitoring undermines the ability to prepare an effective defense Attorney-client monitoring should be curtailed 32-Page Report Available at: https://www.nlg.org/sites/default/files/Breach%20of%20Privilege%20COLOR_3.p df https://www.nlg.org/sites/default/files/Breach%20of%20Privilege%20COLOR_3.p df