Han Yan
Ms. Bramlett
ENGL 101x: 2004
09 March 2018
Annotated Bibliography
McCutcheon, Chuck. "Government Surveillance." CQ Researcher, 30 Aug. 2013, pp. 717-40, library.cqpress.com/cqresearcher/cqresrre2013083000.
The article combines a large amount of sources including data and quotations to discuss the importance and necessity of government surveillance during the Obama administration by asking the following questions: Is surveillance making the country safer? Does surveillance violate privacy rights? Does surveillance affect public trust in government? The author lists various sources from both sides to start the controversial debate. Then he introduces the background of Patriot Act as well as its relation to Fourth Amendment. Besides the introduction of NSA programs such as FISA and PRISM, the author also talks about different views on surveillance issues such as the Obama administration and the court action. The various forms of journal including pros/cons debate, chronology and quotations make the article full of information that would be helpful for my inquiry assignment. The article provides many open-end questions and views from people with different political stances, which helps me collect information about the topic.
Word Count: 155
Pell, Stephanie K.1,2 and Christopher3,4 Soghoian. "A Lot More Than a Pen Register, and Less Than a Wiretap: What the Stingray Teaches Us about How Congress Should Approach the Reform of Law Enforcement Surveillance Authorities." Yale Journal of Law & Technology, vol. 16, 2013/2014, pp. 134-171. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=lft&AN=94958599&site=ehost-live.
The article is a journal of law and technology published by Yale University Law School, which provides an academic view on government surveillance technologies. The author starts by commenting on the current status of NSA programs after the incident of Edward Snowden, which leads to the non-public existence of NSA. After the author briefly discusses the controversial interpretation of the Patriot Act, he shifts to the introduction of a different technology that lies between “pen register” and “wiretap” called the “StingRay”, which was a surveillance device that monitors and intercepts communication data. Although the device had been used by intelligence agencies for over two decades, the Congress never authorized the usage of such device. Draw from the lesson of “StingRay”, the author then suggests that certain legislation needs to be informed for surveillance programs to keep pace with modern technology. The article is unbiased and provides an innovative perspective of how the government should reform surveillance programs.
Word Count: 157
SHANE, SCOTT. "Spying Claims Ignite Debate about Privacy. (Cover Story)." New York Times, vol. 166, no. 57542, 20 Mar. 2017, pp. A1-A14. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=121931081&site=ehost-live.
The article is a journal published last year by New York Times, which provides a political view on the controversy of government surveillance. The author begins by introducing the conversation between President Trump and Chancellor of Germany, who addresses concerns about surveillance by intelligence agencies. The author then shifts to several officials on their opinions of NSA, who believe that NSA violates the Fourth Amendment by spying on communications of US citizens without a warrant. In addition, the author suggests that the NSA programs collect massive quantities of communications without informing US citizens. He believes that although NSA has been far more open with their procedures after the revelations of Snowden, the majority of Americans are still unaware of the data mining process. The article overall is a liberal perspective that advocates the reform of NSA with stricter rules in process of collecting data. Since I consider myself conservative, the article provides an interesting perspective for my inquiry topic.
Word Count: 159
Sinha, G. Alex. "Nsa Surveillance since 9/11 and the Human Right to Privacy." Loyola Law Review, vol. 59, no. 4, Winter2013, pp. 861-946. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=111438826&site=ehost-live.
The article discusses the legibility of various NSA programs after the 9/11 terrorist attack. The author expresses his concerns towards the violation of human right of privacy based on how the government collects massive data in preventing future terrorist attacks. The article is based on a scholar’s view, which seems to be relatively unbiased. The main argument is that even under conservative assumptions about the surveillance programs and the International Covenant on Civil and Political Rights (ICCPR), there are good reasons to suggest that NSA violates Article 17 of ICCPR. The author also introduces Foreign Intelligence Surveillance Act of 1978 (FISA), which is the brief history of government surveillance on international intelligence for counterterrorism. The author believes that FISA marks the beginning of the domestic surveillance, which is controversial due to the violation of the right to respect of privacy (Article 17 of ICCPR). The scholastic perspective is significant for my inquiry project as it provides a relatively neutral view on the relationship between government surveillance and civil rights laws.
Word Count: 171
Xhelili, Besar and Emir Crowne. “Privacy & Terrorism Review Where Have We Come in 10 Years?.” Journal of International Commercial Law & Technology, vol. 7, no. 2, Apr. 2012, pp. 121-135. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=75238152&site=ehost-live.
The article talks about data mining, the patriot act, money laundering, as well as the effects of counter-terrorism legislation. The article is in form of a journal about international commercial law, which is related to my topic of government surveillance. The author discusses the importance of privacy compared to that of security by asserting that a government cannot protect you without interfere with your privacy, which leads to the conclusion that privacy rights make security play an important role of fighting against terrorism. However, the author also suggests that the trade of privacy for security is imperfect as it prevents people from accessing ultimate freedom. The text generalizes opinions that approve the government surveillance as well as rejections that advocate privacy as the freedom of individuals. Eventually, the author shifts between the two and compromises by suggesting that although privacy is important as a type of mental freedom, it is not as essential as security, which is a type of physical freedom. This article helps me differentiate between privacy and security and provides trustworthy views. Word Count: 175