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Liberty versus Security in the 21st Century
Chris Bellers
History of the dilemma

The conflicting goals of security and privacy
have been in play since the establishment of
the United States
Private individuals do not want the government
to intrude on their privacy
 The Government wants advance knowledge of
pending criminal activity, and evidence of past
activity.


Where the balance is struck is a
Constitutional issue.
The Fourth Amendment
AMENDMENT IV:
The right of the people to be secure in their
persons, houses, papers, and effects,
against unreasonable searches and seizures,
shall not be violated, and no Warrants shall
issue, but upon probable cause, supported
by Oath or affirmation, and particularly
describing the place to be searched, and the
persons or things to be seized.
Meaning of the 4th Amendment
It enshrines the right of private citizens to be
free from Government intrusion
Government and law enforcement must ask a
court to grant a warrant for specific purposes.
The listing of ‘persons, houses, papers, and
effects’ was sufficient for over 50 years
because it required no interpretation.
Technology means interpretation
The telephone enabled information to be
transmitted without sending papers or other
physical material.
Law enforcement realized that they could not
serve a search warrant on a telephone,
because it held no information on its own
The Wiretap
The first wiretaps were clumsy devices that
literally tapped phone wires to let a third
party listen in.
The 1980’s – The world changes
Beginning in the 1980’s the world of
surveillance began to change
Long distance phone carriers began using digital
compression to fit more phone conversations
across their networks.
Faxing instead of sending mail.
Computerized records began replacing paper
forms and filing cabinets.
The 1990’s – it gets worse
Internet growth in the 1990s catches law
enforcement unprepared to investigate and
monitor electronics communications
1992: The Federal Government passes the
Digital Telephony Act
Corrects the problems from the last decade,
forces phone companies to build ‘digital
wiretaps’ into their switching equipment
The new millennium
By 2000, the government had learned to drink
from the fire hose of the Internet and
wanted to extract intelligence from it.
National Security Administration (NSA) builds
Carnivore, a system to monitor the Internet
backbone and collect suspicious data for
analysis
NSA builds Echelon, a worldwide array of
antennae designed to sniff out wireless data
and collect for analysis
The Echelon System
Privacy advocates get nervous
While both Echelon and Carnivore are
designed to gather intelligence on foreign
activity, their design means many Americans
get caught in the dragnet.
This appears to be in violation of the 4th
Amendment protection against unreasonable
(without a court order) searches.
9/11: The pendulum swings
After 9/11, the government embarked on a
large-scale campaign to collect as much
information as possible on as many people
as possible, for comprehensive analysis.
Foreigners and Americans.
PATRIOT Act

The Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of
2001 gave the federal government vastly
expanded powers to monitor information in
the interests of national security.
 Secret
Wiretaps
 Administrative subpoenas
 Removal of ‘probable cause’ test
 Gag orders on subjects of subpoenas
TIA  TIPS
Total Information Awareness
Designed to combine data from hundreds of
government law-enforcement, commercial databases
and data warehouses and mine them for trends and
meanings.
Congress balks at the concept for privacy reasons
Name gets changed to “Terrorist Information
Protection System” but design remains the same.
Congress terminates the project.
2007: pendulum swinging back
Surveillance and intelligence cases using new
expanded warrant-less powers are making
their way to the court systems and getting
tossed on 4th Amendment grounds.
Some government abuses of expanded
powers being discovered by Congress.
Congress is less inclined to grant new powers.
What I believe
I believe in the U.S. Constitution
I believe in the intent of the Founding Fathers to be
left alone by the government.
I believe in the words of Ben Franklin when he said
“Those who would give up essential Liberty, to
purchase a little temporary Safety, deserve
neither Liberty nor Safety”.
Just because it’s possible…
The Information Age has given the
government tools of control that would have
given even Josef Stalin pause for thought,
but that doesn’t mean we need to use them
against our own people. There are some
things we just don’t do in America.
What the PATRIOT Act does.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed
by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases
arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the
crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have
the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by
a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to
the people.
What the PATRIOT Act does.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed
by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases
arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the
crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have
the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by
a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to
the people.
al-Quaeda is not worse than Hitler.
The U.S. won many more difficult struggles
than the War on Terror without needing to
shred the Bill of Rights.
The ideals that this country were founded on
are not worth sacrificing under any
circumstances.