NSA is Protecting National Security

            The National Security Agency (NSA) is protecting our national security by intercepting and analyzing data within the country in order to determine potential threats.  This practice has many Americans questioning the legitimacy and necessity of this practice.  This information gathering process and scrutiny is necessary to prevent another 9/11 terrorist attack. 

            The NSA analyzes metadata from legally obtained electronic and telephonic communications.  According to Foreign Intelligence Surveillance (FISA) Court Judge Clair Eagan, the purpose of the surveillance of the NSA is to make “connections between known and unknown international terrorist operatives as part of authorized investigations” (Crovitz, 2013).  The process ws designed to protect citizens.

            It is important to understand what data the NSA is gathering.  Many citizens are under the impression that the NSA is recording and listening to every conversation made on the telephone and looking at every email message being sent.  This is not accurate.  The Fourth Amendment prohibits the NSA from listening to the content of calls without a court order.  The NSA collects metadata which includes the phone numbers of the caller and receiver, the date of the call and length of telephone call.  The NSA uses mathematical processes to determine potential threats.  If the data represents a threat, evidence must be presented to the FISA Court to obtain a separate order to investigate these threats (Saletan, 2013). The data gathered during the surveillance makes it possible to determine where threats exist.  It is impossible to quickly determine where threats exist without the use of electronic means due to the high volume of communications.  If this information is not known quickly the potential for terror rises exponentially. 

            The United States is not alone in gathering intelligence.  Many countries employ surveillance programs to evaluate their people as well as other governments, regardless of whether the country is considered an ally or an adversary.  In 2008 a German broadcaster reported that Germany had been monitoring email between industry leaders from Afghanistan, Germany and a journalist (Gewirtz, 2013). Furthermore, it is well known that cameras, known as “cctv” are deployed on every residence throughout London.  Residents of many countries accepted the fact that their activities are being monitored.  Many of these people believe that this monitoring protects them from physical dangers presented by thieves and other non-law abiding citizens.  Foreign countries are watching and listening to our communications within the United States too.  They use this intelligence to gain the competitive edge by stealing proprietary information from US companies.  They learn our military secrets in hopes of beating us at our own game and use the information they learn to influence future policies.  They will likely try to use the recent data about the alleged interception of German Chancellor Angela Maerkel’s cell phone calls as leverage in the future.

              Many citizens are speaking out in favor of preventing the NSA from gathering intelligence.  Changes that prevent the collection of data by the NSA will threaten the security of each person living in the United States and the very security we enjoy today.     Our enemies and our allies are already gathering and using this information. 

            It is important to understand how the NSA has authority to collect metadata.  Two sources allow the collection of data.  First, section 215 of the Patriot Act “gives the government the power to obtain any “tangible thing” from third parties relevant to a terrorist investigation” (Lee, 2013).  This section allows the collection of metadata.  Second, section 702 of the Foreign Intelligence Surveillance Act is “designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States” (Logiurato, 2013).  These acts have are evaluated regularly and have been assessed and approved as recently as December of 2012.  These lawful acts allow the US Government to gather information that will help protect the people of this country from a variety of threats.  Some peole will argue that the Fourth Amendment protects them from the watchful eye of the government.  A 1979 Supreme Court decision, known as the third party doctrine, specifies that “users don't have Fourth Amendment rights protecting information they voluntarily turn over to someone else. Courts have said that when you dial a phone number, you are voluntarily providing information to your phone company, which is then free to share it with the government” (Lee, In AP surveillance case, the real scandal is what’s legal, 2013).  Finally, the NSA may not act on threats without a court order by FISA.  These checks and balances that restrict access to protected information without a court order by FISA. 

            We must protect our country against the enemy that is within us and the enemy from afar.  It is important that sophisticated means are used to determine threats so problems can be prevented from happening.  It is time to accept the fact that the NSA is gathering information to protect us.

References

Crovitz, G. L. (2013, September 22). Making the Case for NSA Surveillance—At Last. Retrieved from Wall Street Journal: http://online.wsj.com/news/articles/SB10001424127887323808204579089153571584472

Gewirtz, D. (2013, October 28). Why do allies spy on each other? Retrieved from ZDNet: http://www.zdnet.com/why-do-allies-spy-on-each-other-7000022476/

Lee, T. B. (2013, June 25). Here’s everything we’ve learned about how the NSA’s secret programs work. Retrieved from The Washington Post: http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/25/heres-everything-weve-learned-about-how-the-nsas-secret-programs-work/

Lee, T. B. (2013, May 14). In AP surveillance case, the real scandal is what’s legal. Retrieved from The Washington Post: http://www.washingtonpost.com/blogs/wonkblog/wp/2013/05/14/in-ap-surveillance-case-the-real-scandal-is-whats-legal/

Logiurato, B. (2013, June 7). Here's The Law The Obama Administration Is Using As Legal Justification For Broad Surveillance. Retrieved from Business Insider: http://www.businessinsider.com/fisa-amendments-act-how-prism-nsa-phone-collection-is-it-legal-2013-6

Saletan, W. (2013, June 6). Stop Freaking Out About the NSA. Retrieved from Slate: http://www.slate.com/articles/news_and_politics/frame_game/2013/06/stop_the_nsa_surveillance_hysteria_the_government_s_scrutiny_of_verizon.html