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Knutson 1


Joshua Knutson

English 101

Professor Bolton

April 10, 2012

                   The Security Era: Technological Abuses and the War on Terror

       In September of 2001, an event took place in this country that forever changed the way

that we thought about national security. The attack on the World Trade Center and the Pentagon

called in to sharp focus the failures of the antiquated security apparatus in the United States.

There immediately followed, in addition to several wars, a complete overhaul of the national

security network. This overhaul necessitated a number of new technologies, both military and

civilian; it also kicked off a whole new debate about civil liberties in the United States. The

question then became how much security is too much security. Was it proper to use military

technology to spy on citizens without court approval, and based on nothing more than suspicion?

This question was brought out with the advent of “national security letters.” Was it proper to

compile computerized data sheets on citizens when they had not committed a crime, and to allow

access of these files through the internet to other government agencies? This is exactly what the

Federal Bureau of Investigation began doing when they created an FBI National Security

Division, and they were not the only government agency to do so. While it is true that national

security concerns are paramount for ensuring the continued enjoyment of constitutional

protections in the United States, how many can be infringed upon in order to ensure that

protection? The government is already using technology developed for military signal

intelligence to intercept phone calls in the United States. Although national security is a matter

of the utmost importance in the United States, it should never be used as justification to abuse the
Knutson 2


very technology meant to protect the citizens of the United States, and it should never be used

against the citizens without proof of criminal activities.

       For two decades prior to the attacks of September 11th, the surveillance efforts of the

United States were governed by a single piece of legislation. The Foreign Intelligence

Surveillance Act (FISA) of 1978 was the defining mission statement of the intelligence

community. It listed the proper conditions needed to initiate surveillance of anyone, in or out of

the borders of the United States. The FISA Act gave the government the ability to intercept

radio and satellite transmissions, as well as wire transmissions, so long as they emanated from

outside of the borders of the United States. The government was required to get warrants for any

other type of interception, especially if it was a communication that was going to be intercepted

in the United States. The act also forced the intelligence and security communities to submit any

actions they took to the Foreign Intelligence Surveillance Court. The FISC, as it was known,

was responsible for determining the legality of any surveillance operation. However, by the time

of the 9/11 terrorist attacks, it was severely outdated in the face of new technologies. There

followed a period of unrestricted action by the various security agencies. Once the order came

down from the White House that national security concerns superseded outdated statutes, the

door was kicked open for warrantless wiretaps. The major issue developed due to the fact that

these wiretaps were monitoring communications into and out of the United States. Many people

have defended this practice as necessary for prevention of terrorist plots. As former federal

prosecutor Andrew McCarthy shows, “[this program] has saved lives, helping break up at least

one al-Qaeda conspiracy to attack New York City and Washington, DC” (McCarthy 365). In

bringing up the successes that the security agencies have had, McCarthy raises more questions

than he answers. Yes, a terror plot was foiled, but this information was based on warrantless
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wiretaps; therefore, the information was inadmissible in an American court. The information

could not be used because it was irreconcilable with Constitutional protections against illegal

search and seizure. Al Gore summarizes this principal when he says, “[I do not agree with

President Bush] that we have to break the law or sacrifice our system of government to protect

Americans from terrorism. In fact, doing so makes us weaker and more vulnerable” (Gore 373).

Abuse of technology, even with the best of intentions, is nothing more than modern abuse of

power. A legitimate government cannot break its own laws in the quest to protect its citizens,

because that itself hurts the citizens. It sets a precedent for a vicious circle of civil liberty abuse.

        This issue brings into focus the next major incursion on the citizens by the government.

It comes in the form of the Protect America Act. This act authorizes the government to

“intercept any communications that begin or end in a foreign country” (Huq 83). The

government is allowed to do this under very little accountability. The National Security Agency

only has to “reasonably [believe a target] to be located outside of the United States” (Huq 87).

These communications, as they are referred to, are not limited to phone calls. They can be phone

calls, emails, text messages, or even satellite transmissions. The problem with this act is that as

long as the NSA “reasonably” believes the person is not in the US, they can pirate the

transmission. This allows warrantless interception of any type of communication that goes to the

US from a foreign country or a communication that goes from the US to a foreign country, and

that is an infringement on civil liberties. With that said, it is true that there is some oversight

with this act. Some of the actions do have to be submitted to the FISC court, which was

established by the FISA law. However, this oversight is mostly theoretical. The law only

requires reporting on issues of non-compliance, and the decision of what constitutes non-

compliance is left up to the NSA and the Department of Justice. While I fully support the aim of
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this act, which primarily was to update the FISA and aid in the War on Terror, it seems obvious

that it does not sufficiently protect the civil liberties of US citizens.

        Furthermore, with the admission that wiretapping was occurring without warrants, a

number of other revelations were revealed by the government. It soon became clear that the

government was compiling information on citizens they considered suspicious. This information

was then shared between government agencies, and, in many cases, foreign allies. With the

creation of the Department of Homeland Security, electronic databases became the norm with

national security profiling. This technology was developed by, and borrowed from, the

Pentagon. The idea of effortless information sharing was the brainchild of Army leadership, to

whom it had always been an article of faith that the winner of the reconnaissance battle was the

winner of the war. Homeland Security took this principal and propelled it to new heights. With

authorization from the Patriot Act, the government forced telephone companies to “surrender

databases of telephone calls of US citizens” (Mullard 5). An interesting article by Barton

Gellman appeared in the Washington Post, and it clearly shows what this information was used

for. These databases were then used to profile citizens who had inordinate amounts of oversea

calls to areas of interest. Those citizens were then subjected to a deep background check by the

Department of Justice and the Department of Homeland Security. If they were felt to have

gotten a “hit”, then they were set up on electronic surveillance by various government agencies.

Another legacy of the Patriot Act is the so-called National Security Letters. These are

documents that the FBI uses as a warrant, even though they have no actual legal standing. These

letters force the receiver to divulge information to the government, and impose a gag order on

the receiver, under threat of being charged with interference in a national security investigation.

This represents the dichotomy a government has to present when faced with a terrorist threat.
Knutson 5


Those actions clearly threaten the civil liberties of US citizens. However, the Patriot Act has not

been completely negative. As former President George W. Bush says, “the Patriot Act closed

dangerous gaps in America‟s law enforcement and intelligence capabilities” (Bush 12). This act

has helped to protect America from terrorists. I fully agree with President Bush there. However,

once again, this presents a law that does positive things, but does not fully address civil liberty

concerns for US citizens.

       Additionally, propaganda, via mass media, must be considered. Propaganda has its roots

deep in military history. For centuries, military schools have taught their students that winning

the war is much easier if the heart of the population is not behind the effort. Today, that

principle is even more obvious. Propaganda from the government is augmented by the mass

media. The media enters the world through the internet, television, print, and even cell phone. It

is nearly impossible to ignore the influence that mass media wields by way of technology. But

that technology is being abused. By controlling the information released to the mass media

outlets, the government controls and shapes the reaction of the population. There have been

numerous examples in the last ten years. Originally, the intelligence reports said that Osama bin

Laden was hiding in Afghanistan. While that may have been true in the beginning, the

government never released information contrary to that until we illegally violated Pakistani

sovereignty in the operation that killed bin Laden. Another example would be the insistence of

the Bush administration in regards to Iraq‟s weapons of mass destruction. In the end, it was

proven that they did not exist. However, the media spent endless amounts of time trying to

prove that they did exist. The author Michael Freeman makes a very interesting point when he

points out that “emergency powers directed at terrorism are particularly likely to be abused”

(38). That is the case today. While ordinarily the media would ruthlessly investigate a reticent
Knutson 6


administration, the media over the last ten years has not been nearly as vociferous. They still go

on the attack, but it is not until well after the fact, and it has not resulted in any action to prevent

the government from continuing its misleading ways. It could be argued that a lack of media

coverage may not be a completely bad thing. It is true that the extensive media coverage of

combat operations in Vietnam largely destroyed America‟s motivation to see the war through to

conclusion. It could even be said that the government has to keep some things secret in order to

function. With that said, the citizens of the United States have a right to know about issues that

affect their liberties. The citizens of this country also have a right to know when technology is

being used against them.

        While there are many positives to technology, there are also negatives. There is no

person or organization in the world that is immune to the two-edged sword of technology. What

is overwhelmingly obvious in the United States is the abuse of some forms of technology in

support of the war on terrorism. While most of the intentions have been good, there have been

undeniable incursions on the civil liberties the citizens of this country are guaranteed. In

fairness, it must be remembered why these things have taken place. September 11th marks a day

when the largest terrorist-caused loss of life in America happened. America must never forget

that. America must never forget the thousands of military personnel who have laid down their

lives to protect the citizens of this country since that day. What America must do is ensure that

the government is held accountable for formulating laws and practices that protect the citizens

without violating the principles of the country the laws are intended to protect. America must

ensure that technology is used in a proper way. It is imperative that governmental use of

technology is regulated and aimed at the proper targets, not law abiding citizens. Security is a

necessity, but civil liberties are of equal importance.
Knutson 7


                                         Works Cited

Bush, George. “Americans‟ Civil Liberties Are Protected.” Civil Liberties. Ed. Lauri Friedman.

       Detroit: Gale, Cengage Learning, 2010. 12-18. Print.

Freeman, Michael. Freedom or Security: The Consequences for Democracies Using Emergency

       Powers to Fight Terror. Westport: Praeger Publishers, 2003. Print.

Gellman, Barton. “The FBI‟s Secret Scrutiny.” Washington Post 6 November 2005: n. pag.

       SIRS Issues Researcher. Web. 29 Mar. 2012.

Gore, Al. “Restoring the Rule of Law.” Taking Sides: Clashing Views on Political Issues. 16th

       ed. Eds. George McKenna and Stanley Feingold. New York: McGraw-Hills Company,

       2010. 371-376. Print.

Huq, Aziz. “The Protect America Act is a Threat to Civil Liberties.” National Security. Detroit:

       Gale, Cengage Learning, 2008. 83-89. Print.

McCarthy, Andrew. “How to „Connect the Dots.‟” Taking Sides: Clashing Views on Political

       Issues. 16th ed. Eds. George McKenna and Stanley Feingold. New York: McGraw-Hills

       Company, 2010. 365-370. Print.

Mullard, Maurice. Globalisation, Citizenship and the War on Terror. Northampton: Edward

       Elgar Publishing Limited, 2007. Print.

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The Security Era

  • 1. Knutson 1 Joshua Knutson English 101 Professor Bolton April 10, 2012 The Security Era: Technological Abuses and the War on Terror In September of 2001, an event took place in this country that forever changed the way that we thought about national security. The attack on the World Trade Center and the Pentagon called in to sharp focus the failures of the antiquated security apparatus in the United States. There immediately followed, in addition to several wars, a complete overhaul of the national security network. This overhaul necessitated a number of new technologies, both military and civilian; it also kicked off a whole new debate about civil liberties in the United States. The question then became how much security is too much security. Was it proper to use military technology to spy on citizens without court approval, and based on nothing more than suspicion? This question was brought out with the advent of “national security letters.” Was it proper to compile computerized data sheets on citizens when they had not committed a crime, and to allow access of these files through the internet to other government agencies? This is exactly what the Federal Bureau of Investigation began doing when they created an FBI National Security Division, and they were not the only government agency to do so. While it is true that national security concerns are paramount for ensuring the continued enjoyment of constitutional protections in the United States, how many can be infringed upon in order to ensure that protection? The government is already using technology developed for military signal intelligence to intercept phone calls in the United States. Although national security is a matter of the utmost importance in the United States, it should never be used as justification to abuse the
  • 2. Knutson 2 very technology meant to protect the citizens of the United States, and it should never be used against the citizens without proof of criminal activities. For two decades prior to the attacks of September 11th, the surveillance efforts of the United States were governed by a single piece of legislation. The Foreign Intelligence Surveillance Act (FISA) of 1978 was the defining mission statement of the intelligence community. It listed the proper conditions needed to initiate surveillance of anyone, in or out of the borders of the United States. The FISA Act gave the government the ability to intercept radio and satellite transmissions, as well as wire transmissions, so long as they emanated from outside of the borders of the United States. The government was required to get warrants for any other type of interception, especially if it was a communication that was going to be intercepted in the United States. The act also forced the intelligence and security communities to submit any actions they took to the Foreign Intelligence Surveillance Court. The FISC, as it was known, was responsible for determining the legality of any surveillance operation. However, by the time of the 9/11 terrorist attacks, it was severely outdated in the face of new technologies. There followed a period of unrestricted action by the various security agencies. Once the order came down from the White House that national security concerns superseded outdated statutes, the door was kicked open for warrantless wiretaps. The major issue developed due to the fact that these wiretaps were monitoring communications into and out of the United States. Many people have defended this practice as necessary for prevention of terrorist plots. As former federal prosecutor Andrew McCarthy shows, “[this program] has saved lives, helping break up at least one al-Qaeda conspiracy to attack New York City and Washington, DC” (McCarthy 365). In bringing up the successes that the security agencies have had, McCarthy raises more questions than he answers. Yes, a terror plot was foiled, but this information was based on warrantless
  • 3. Knutson 3 wiretaps; therefore, the information was inadmissible in an American court. The information could not be used because it was irreconcilable with Constitutional protections against illegal search and seizure. Al Gore summarizes this principal when he says, “[I do not agree with President Bush] that we have to break the law or sacrifice our system of government to protect Americans from terrorism. In fact, doing so makes us weaker and more vulnerable” (Gore 373). Abuse of technology, even with the best of intentions, is nothing more than modern abuse of power. A legitimate government cannot break its own laws in the quest to protect its citizens, because that itself hurts the citizens. It sets a precedent for a vicious circle of civil liberty abuse. This issue brings into focus the next major incursion on the citizens by the government. It comes in the form of the Protect America Act. This act authorizes the government to “intercept any communications that begin or end in a foreign country” (Huq 83). The government is allowed to do this under very little accountability. The National Security Agency only has to “reasonably [believe a target] to be located outside of the United States” (Huq 87). These communications, as they are referred to, are not limited to phone calls. They can be phone calls, emails, text messages, or even satellite transmissions. The problem with this act is that as long as the NSA “reasonably” believes the person is not in the US, they can pirate the transmission. This allows warrantless interception of any type of communication that goes to the US from a foreign country or a communication that goes from the US to a foreign country, and that is an infringement on civil liberties. With that said, it is true that there is some oversight with this act. Some of the actions do have to be submitted to the FISC court, which was established by the FISA law. However, this oversight is mostly theoretical. The law only requires reporting on issues of non-compliance, and the decision of what constitutes non- compliance is left up to the NSA and the Department of Justice. While I fully support the aim of
  • 4. Knutson 4 this act, which primarily was to update the FISA and aid in the War on Terror, it seems obvious that it does not sufficiently protect the civil liberties of US citizens. Furthermore, with the admission that wiretapping was occurring without warrants, a number of other revelations were revealed by the government. It soon became clear that the government was compiling information on citizens they considered suspicious. This information was then shared between government agencies, and, in many cases, foreign allies. With the creation of the Department of Homeland Security, electronic databases became the norm with national security profiling. This technology was developed by, and borrowed from, the Pentagon. The idea of effortless information sharing was the brainchild of Army leadership, to whom it had always been an article of faith that the winner of the reconnaissance battle was the winner of the war. Homeland Security took this principal and propelled it to new heights. With authorization from the Patriot Act, the government forced telephone companies to “surrender databases of telephone calls of US citizens” (Mullard 5). An interesting article by Barton Gellman appeared in the Washington Post, and it clearly shows what this information was used for. These databases were then used to profile citizens who had inordinate amounts of oversea calls to areas of interest. Those citizens were then subjected to a deep background check by the Department of Justice and the Department of Homeland Security. If they were felt to have gotten a “hit”, then they were set up on electronic surveillance by various government agencies. Another legacy of the Patriot Act is the so-called National Security Letters. These are documents that the FBI uses as a warrant, even though they have no actual legal standing. These letters force the receiver to divulge information to the government, and impose a gag order on the receiver, under threat of being charged with interference in a national security investigation. This represents the dichotomy a government has to present when faced with a terrorist threat.
  • 5. Knutson 5 Those actions clearly threaten the civil liberties of US citizens. However, the Patriot Act has not been completely negative. As former President George W. Bush says, “the Patriot Act closed dangerous gaps in America‟s law enforcement and intelligence capabilities” (Bush 12). This act has helped to protect America from terrorists. I fully agree with President Bush there. However, once again, this presents a law that does positive things, but does not fully address civil liberty concerns for US citizens. Additionally, propaganda, via mass media, must be considered. Propaganda has its roots deep in military history. For centuries, military schools have taught their students that winning the war is much easier if the heart of the population is not behind the effort. Today, that principle is even more obvious. Propaganda from the government is augmented by the mass media. The media enters the world through the internet, television, print, and even cell phone. It is nearly impossible to ignore the influence that mass media wields by way of technology. But that technology is being abused. By controlling the information released to the mass media outlets, the government controls and shapes the reaction of the population. There have been numerous examples in the last ten years. Originally, the intelligence reports said that Osama bin Laden was hiding in Afghanistan. While that may have been true in the beginning, the government never released information contrary to that until we illegally violated Pakistani sovereignty in the operation that killed bin Laden. Another example would be the insistence of the Bush administration in regards to Iraq‟s weapons of mass destruction. In the end, it was proven that they did not exist. However, the media spent endless amounts of time trying to prove that they did exist. The author Michael Freeman makes a very interesting point when he points out that “emergency powers directed at terrorism are particularly likely to be abused” (38). That is the case today. While ordinarily the media would ruthlessly investigate a reticent
  • 6. Knutson 6 administration, the media over the last ten years has not been nearly as vociferous. They still go on the attack, but it is not until well after the fact, and it has not resulted in any action to prevent the government from continuing its misleading ways. It could be argued that a lack of media coverage may not be a completely bad thing. It is true that the extensive media coverage of combat operations in Vietnam largely destroyed America‟s motivation to see the war through to conclusion. It could even be said that the government has to keep some things secret in order to function. With that said, the citizens of the United States have a right to know about issues that affect their liberties. The citizens of this country also have a right to know when technology is being used against them. While there are many positives to technology, there are also negatives. There is no person or organization in the world that is immune to the two-edged sword of technology. What is overwhelmingly obvious in the United States is the abuse of some forms of technology in support of the war on terrorism. While most of the intentions have been good, there have been undeniable incursions on the civil liberties the citizens of this country are guaranteed. In fairness, it must be remembered why these things have taken place. September 11th marks a day when the largest terrorist-caused loss of life in America happened. America must never forget that. America must never forget the thousands of military personnel who have laid down their lives to protect the citizens of this country since that day. What America must do is ensure that the government is held accountable for formulating laws and practices that protect the citizens without violating the principles of the country the laws are intended to protect. America must ensure that technology is used in a proper way. It is imperative that governmental use of technology is regulated and aimed at the proper targets, not law abiding citizens. Security is a necessity, but civil liberties are of equal importance.
  • 7. Knutson 7 Works Cited Bush, George. “Americans‟ Civil Liberties Are Protected.” Civil Liberties. Ed. Lauri Friedman. Detroit: Gale, Cengage Learning, 2010. 12-18. Print. Freeman, Michael. Freedom or Security: The Consequences for Democracies Using Emergency Powers to Fight Terror. Westport: Praeger Publishers, 2003. Print. Gellman, Barton. “The FBI‟s Secret Scrutiny.” Washington Post 6 November 2005: n. pag. SIRS Issues Researcher. Web. 29 Mar. 2012. Gore, Al. “Restoring the Rule of Law.” Taking Sides: Clashing Views on Political Issues. 16th ed. Eds. George McKenna and Stanley Feingold. New York: McGraw-Hills Company, 2010. 371-376. Print. Huq, Aziz. “The Protect America Act is a Threat to Civil Liberties.” National Security. Detroit: Gale, Cengage Learning, 2008. 83-89. Print. McCarthy, Andrew. “How to „Connect the Dots.‟” Taking Sides: Clashing Views on Political Issues. 16th ed. Eds. George McKenna and Stanley Feingold. New York: McGraw-Hills Company, 2010. 365-370. Print. Mullard, Maurice. Globalisation, Citizenship and the War on Terror. Northampton: Edward Elgar Publishing Limited, 2007. Print.