Surveillance: Everything you need to know as a citizen of the 21st Century

History/Origin in the United States

In 1791, the bill of rights is implemented in the United States and includes provisions to protect citizen’s rights to privacy. The Fourth Amendment allows for “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.”

 

Flash forward to 1952, and President Harry S Truman forms the National Security Agency or NSA, prompted by the sterling work of codebreakers to the victory effort in World War 2

 

1967, Charles Katz walks into a telephone booth in Los Angeles and gets busted by the FBI for illegal gambling. The problem? They didn’t get a warrant for the wiretap they used. The case goes to the supreme court and in a landmark decision the supreme court rules that the 4th amendment does protect non tangible possessions such as phone calls and a ‘reasonable expectation of privacy’ in places such as the home, the office, a hotel room or a phone booth. If the authorities wanted to examine these places, they needed a warrant.

 

1972, the watergate scandal highlights abuses of power by the white house are revealed to the world, forcing President Nixon to resign or risk impeachment

 

1975, Frank Church’s senate select  committee investigates the intelligence activities of the FBI and CIA, uncovering hundreds of hours of unwarranted wiretapping and electronic surveillance

 

1995, the first court ordered wiretap leads to the arrest of Julia Ardita, who used Harvard computers to access government websites

 

Following the world trade center attacks on september 11 2001, the Patriot Act is established. This gives the government unprecedented access to wiretapping and surveillance. It gives government agencies the ability to create roving wiretaps that extended the warrants for investigations to suspects not just devices. Section 215 of the act allows the government to obtain records or “tangible things” from third parties if they are deemed “relevant” to international terrorism

 

In 2005, the New York Times breaks a story showing government surveillance all the way back to 2002, including warrantless wiretapping of 1000s of US citizens

 

In 2007, the Protect America Act amended the Foreign Intelligence Surveillance Act, which removed the warrant requirement for government surveillance of foreign intelligence targets and allowed the domestic monitoring of all electronic communications of “Americans communicating with foreigners who are the targets of oversight

 

2009, The New York Times reports that the NSA is involved in “significant and systemic” “overcollection” of domestic communications”

2010, President Obama signs an extension to expiring portions of the Patriot Act

 

2012, The New York Times reports that cell phone carriers had positively responded to 1.3 million demands by law enforcement for subscriber information - a dramatic increase in cell phone surveillance in the precedingt five years

 

2013, Edward Snowden publicly releases classified NSA documents to the Guardian and Washington Post about a program called Prism. The data leak shows the government’s secret collection of data from commonly used programs such as Google, Facebook, Twitter, Youtube, and so on. The method, the sources and the sheer amount of data collected  shocks the united states. In response, an advisory panel to the white house recommends a de-escalation of the NSA’s surveillance program and powers

 

2014, President Obama announces reforms that reduce the NSA’s powers and autonomy to collect private data

 

2015, The USA Freedom Act is passed which ends the NSA’s bulk collection of phone records and shifts the responsibility to phone companies. The data can now only be legally obtained through a warrant from the Foreign Intelligence Surveillance Court and only for specific individuals

 

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