American government lenz and holman

Arnold 3

Elijah Arnold

Professor Tiffany Orcesi

POLS 210

19 June 2017

National Security: A Privacy vs. Security Issue

National security has developed into a multi-agency effort to thwart domestic and international terrorist attacks. All levels and branches of government share roles in defending American freedoms. The Intelligence Community (IC), notably the National Security Agency (NSA), operates worldwide to protect the United States from terrorism. Recently, Americans have revitalized the debate on whether the government should emphasize on providing security or privacy to its citizens.

A constant threat to National Security looms over us every second of the day. “N.S. is the use of economic, political, and military power and influence to maintain its integrity and political institutions” (Lenz, 401). Congress, under President Truman, passed the National Security Act in 1947 to officially establish and delegate authorities to executive branch agencies like the NSA, which has three primary missions. The NSA, established in 1952, conducts information assurance, signals intelligence, and network warfare operations to protect us from threats abroad and at home.

However, it can be argued that NSA amassed exceptional powers when President Regan signed EO 12333 in 1981, and has rapidly grown ever since. The President’s Executive Orders can’t be challenged in court or overturned by congress” (Brandom). Many justify this argument with NSA’s technologically advanced tools which circumvent the Fourth Amendment. “Technology has greatly increased the government’s power to gather information without ever physically seizing or searching anything” (Lenz, 350).

The US permitted the NSA’s warrantless and bulk collection program to persist under President George W. Bush’s 2001 Patriot Act. President Bush utilized the Patriot Act to expand powers to the IC in support of his War on Terror. The exclusionary rule and the Fourth Amendment don’t really apply to the IC due to Section 215 of the Patriot Act. “The Supreme Court has long held that such information is not privacy-protected by the Fourth Amendment” (Walpin).

The Department of Justice also plays a vital role in protecting National Security. Over the last decade, the FBI, local, and state law enforcement have increasingly been fielded surveillance technology to pursue domestic and international crime to include cyber-crime. The article We Need NSA Surveillance defends the justification in which the NSA conducts operations by arguing that a police department collecting phone records from a jewelry store robbery would not void the suspect’s conviction. In 2012, the FBI along with New Zealand police raided Kim Dotcom’s mansion in support of shutting down his online storage locker Megaupload, then subsequently pushed for extradition to the US to stand trial.

Overall, American’s safety depends on the government’s effectiveness in combating perpetual threats to National Security. The NSA and FBI are empowered through legislation and Executive Orders. The judicial system facilitates serving justice to cyber criminals and therefore, also protecting National Security. Regardless of opinions on whether the NSA or the FBI infringe upon privacy, these agencies which make up part of the IC critically impact the success of protecting the security of the American people.

Works Cited

Brandom, Russell. "Donald Trump Is about to Control the Most Powerful Surveillance Machine in History." The Verge. The Verge, 14 Nov. 2016. Web. 19 June 2017. .

Lenz, Timothy O. and Mirya Holman. American Government. University Press of Florida. 2013.

Walpin, Gerald. "We Need NSA Surveillance." National Review. N.p., 16 Aug. 2013. Web. 27 June 2017. .