Government surveillance of the Internet

Running Head : Internet Surveillance

Internet Surveillance : Its Implications

[name]

[Name of School]

In partial fulfillment of the requirements for [subject]

[Instructor 's Name]

September 21 , 2007

Abstract

This work contains information about the measures implemented by the Clinton administration to curtail a part of the right to privacy in aid of National Security . This work also contains some details concerning the conflicting principles which falls out of place as well as a recommendation which would allow the integration of the conflicting principles

Introduction

One of

the most frequently used mediums of free communication and expression would be the internet . The Internet is a vast information network which allows the people using it to share information with one another . This highly advanced medium allows billions of people around the world the privilege to express their ideas and opinions directly to anyone who would care to listen or read their side of the story . This medium also allows access to information which in the past has been limited only to books and other hard copy documents . Because of this the Internet became a part of the lives of people and technology developing rapidly at a jet-set speed , it has emerged as a lucrative center for transactions , as well as a medium used for cost effective communication for individuals living in different states or countries . The relative ease in sending out messages allowed companies to maximize their operation time . It is because of this particular medium that the true meaning of the word globalisation ' was realized

The once elusive dream of conducting business with someone who lives outside ' of the country through affordable means became a reality . A lot of industries thrived because of this technological advancement People and organizations are able to exchange business communication with relative ease since all it takes would be a click of a mouse and the information being communicated is sent , this all transpires within a blink of an eye . It is because of these facts that the internet became the foremost tool of self expression since all forms of technological advancement in terms of communication falls subsidiary or secondary to it . Therefore since it has something to do with learning and self-expression it follows that an important chain links Internet access to one of the fundamental human rights . Namely , the right of self expression and the right to privacy

The Advent of the Clinton Administration brought about a series of actions concerning surveillance methods which were specifically implemented to track down ' potential threats to the U .S . Government This action allowed the government agents to access even the private messages exchanged by ordinary citizens . This action falls contrast to each and every tenet inscribed on the fundamental right of a person to maintain his privacy

The right to privacy involves the right of an individual to control one 's own personal information as well as to determine the manner how the said information is to be obtained or used . The individual must be able to exercise a substantial degree of control over the said information and its use , or at least significantly influence , the handling of the data about themselves . The seemingly unjust mandate of the government forced some individuals to use encryption as a means to communicate with friends and business partners as well as to safeguard personal information in the web

The mandate made by Clinton made it possible for government agents to access even the most confidential of information corresponding to all citizens who makes use of the internet for their communications and business transactions . To aid the agents in conducting a surveillance Internet Service Providers were instructed to keep the log s active , these log s have in record all of the online activities of the user or users they wanted to monitor . The activities which could be checked includes all of the communications which have been sent , the web sites accessed and the s entered into search engines like Yahoo and Google . Modern technology has even endowed some Internet Service Providers the ability to trace an email back to a specific user and in the process obtain the user 's account information , including their name , address , phone number and credit card details

One of the modernizations or innovations introduced during the advent of Internet usage would be the usage of encryption . This practice allows communicating parties to express themselves freely without any fear that someone is eavesdropping ' or checking ' their activities since encryption provides individuals with an innovative means of communication that no third party can understand unless specifically permitted by the communicators themselves . This technology was initially used to ensure the security of financial online transactions as well as safeguard confidential ' private information stored in the web . The usage of extremely high-end ' encryption software became prohibited the export of the same to other countries likewise became illegal Esther Dyson the interim chairwoman of ICANN during the Clinton Administration mentioned that the said action which allowed the government to access personal information is unreasonable since it restricts and diminishes the protection of personal information thru encryption while at the same time it forbids export of the same abroad

The shocking event that occurred on the 11th of September , gave rise to even more changes as to how some fundamental rights are supposed to be exercised . Advocates of the United States Government agencies who are tasked to make surveillances to ferret out terrorists made some surprising proposals .One of these proposals happen to be the surveillance of the internet access system . The monitoring of Internet data traffic for information useful to government authorities is the act which best describes the term internet surveillance

The danger being foreseen by the human rights fundamentalists is that internet surveillance may be used as a tool to forward political interests especially if the person who is being monitored is coming up against an incumbent politician . The individual who is unknowingly undergoing surveillance would literally be at the mercy of the person encroaching on his right to privacy , this is because of the fact that the agents monitoring him would be the ones judging the information as to whether if the information gathered is incriminating or not

The said proposal to legalize government agents to eavesdrop ' on private conversations angered millions of Internet users in the U .S because of the fact that the said proposition collides with the fundamental right of self-expression - a right which is considered by many as the most important component of a democratic society . The right to communicate or express oneself has always been a part of the legacy left by the founding fathers of the United States when they created the precepts of democracy and the legacy it has passed on to a free country

Legal Implications

For all intents and purposes the usage of the internet appears to be a valid practice of the right to the freedom of speech and self-expression , a thing which undoubtedly reached its peak during the advent of encryption . The usage of encryption in messages , as discussed earlier made it possible for individuals to have a private conversation with a very small chance of unwarranted intrusion to occur . However , it follows that if the said technology could be used as an engine for a private and secure conversation between friends system or business partners , it also follows that such technology could now be used by individuals to relay messages to perform clandestine operations or terroristic activities . It is because of the said possibilities that the U .S . Government contemplated on somehow getting access to these classified information to the prejudice and detriment of the millions using the internet in the United States

The parties affected by the said scheme tried to assert their fundamental rights to privacy and to self expression . This particular dilemma eventually became a court issue , in the end the said issue was ruled out by the court of appeals in favour of the government . The U .S appeals court has upheld the legality of the government 's action to require internet service providers to allow law enforcement agencies to monitor internet phone calls and transmissions . In the said ruling the court held that allowing Internet wiretaps was a reasonable choice necessary to maintain national safety and security . The sector opposing the said ruling , and referred to it as a threat to the privacy rights of innocent Americans . The court however , justified the reason as to why the said ruling was made in that manner saying that the aforementioned decision will ensure that the technology in question would not obstruct the ability of the law enforcement agencies to ensure the maintenance of national security

To implement the said scheme , the different surveillance teams initiated the usage of the Carnivore software . The said software can be used to look into email communications . Carnivore can be used to conduct content wiretap which records information in units which are termed as packets , in this scheme the information being recorded are those that match a certain information requirement . Another scheme which can be used to tap information using the Carnivore software would be the trap and trace scheme . This scheme allows agencies like the FBI to secure information concerning websites accessed . However this scheme is not able to record content and focuses only on the websites visited . The last scheme which is quite similar to the pen register wiretap works in the reverse mode of the second scheme . This wiretap method allows the agent to access information concerning the source of the received emails , the I .P addresses of the persons who access the said system , but again is not able to look into the contents of the said email

The development of such a surveillance software , needless to say gave rise to a series of protests and criticisms among concerned citizens The grounds being given was that it might be used upon the discretion of the person in control to serve some contrary purpose , like manipulating the remnants of American democracy . Other issues being raised would be the possibility that the said surveillance team may run completely out of control as a consequence of the said scheme , and the heady sensation of the power accompanying it

There is a common misconception that the right to privacy is merely a weapon to ensure confidentiality in human affairs . Confidentiality is no doubt , one element in the list of rights covered by the right to privacy and confidentiality . It must not be forgotten that the right to confidentiality only arises after information regarding human transactions or affairs have reached third parties . However , no liberty can exist without restrictions . It is obvious that circumstances would arise when liberties may be reasonably restricted , if not suspended . The right to freedom of speech and expression can be limited up to a certain extent for certain purposes . National security is one of the conditions when such a restriction may be imposed . Though this may appear legitimate , the question as to what constitutes national security and who determines it needs to be answered . The ability of law enforcement agencies to conduct lawful electronic surveillance of the communications of its criminal subjects represents one of the most important capabilities for acquiring evidence to prevent serious criminal behaviour

Privileges given by rights are not absolute , and as mentioned earlier is subject to some restrictions . Some restrictions undoubtedly , on some fundamental privileges are not only permissible but also necessary in the interests of national security . The main concern in this case would be ensuring that the restriction is one which stems from a legitimate cause which could be implemented solely for the interests of national security . The state , first and foremost should not be allowed to unjustly and arbitrarily interfere and keep track on an individuals activities and private lives without sufficient cause . The entire issue concerns the weighing of the implications of allowance and restriction of the fundamental right to privacy against the responsibility of the state to maintain peace and throughout its realms . The solution to this dilemma lies in the wholehearted attempt both by the citizens and the state to come up with a situation where both parties would win

Conclusion

Internet Surveillance has become a necessity nowadays , considering that national security is the prize at stake . However the right of a person to have privacy on all of his correspondences should also be respected considering that this forms a part of one of the most fundamental of rights . There are two principles at war in this issue . One which concerns a protection of a person to enjoy his right to privacy and the responsibility of the state to protect its constitutes . One must give way or bend to the other . To government would mean unjust deprivation of a fundamental right . While to welfare would be prioritised over the right of the others who would be constantly under the shadow of the threat or imminent danger which could be carried out by terrorism . The citizens of the state , should always remember that no rights granted by law are absolute , and should give way to the greater good , However the state should not use the principle of doing things for the better good because it intends to exercise its powers to pressure everyone within its rule to bend over . Therefore what needs to be done is to define the metes and bounds of the power given to the government surveillance agents to conduct investigations using the information contained in the web , as well as make out the extent of the right of a person to exercise a right given by the constitution . Once a proper delineation of the said right and the said power exercised has been arrived at , the state and its citizens would then be governed by the power and rights given by law , hence the fundamental precepts of the Constitution as created by its framers would prevail . In the end the rule of law would prevail

Bibliography

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(2006 . `Doomsday For The Internet As We Know It

Retrieved September 19 , 2007

http /www .prisonplanet .com /articles /february2006 /060206internetdoomsday .html

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