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Freedom Act yall
Terms in this set (13)
The USA FREEDOM ACT
A recently passed bill that stands for "Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection and Online Monitoring Act". The Act implemented many reforms - but most prominently it (arguably) ended the ability of federal intelligence agencies to store certain phone data ("phone metadata" - see below). Instead, it required phone companies, not government agencies, to hold on to that data. Federal intelligence agencies can search the phone company records if they granted a warrant authorizing their request. The Affirmative in this packet will argue that current Freedom Act is insufficient and that the original draft of the Freedom Act provided better safeguards.
The PATRIOT ACT
Its official title is the USA PATRIOT Act - an acronym that stands for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". The Patriot Act is an act of Congress that was signed into law by President George W. Bush in October of 2001. It is widely viewed as a reaction to the events of September 11th, 2001. The Patriot Act does many, many things - but, on this topic, it is perhaps most relevant because it increased the authority of intelligence agencies to engage in surveillance.
This stands for "Executive Order" 12333. It was signed by President Ronald Reagan and established broad new surveillance authorities for the intelligence community, outside the scope of public law. It was amended three times by President George W. Bush. These cards will argue that the Status Quo fails because EO 12333 creates a loophole permitting excessive surveillance.
FAA or "FAA-Section 702"
"FAA" stands for the "FISA Amendments Act of 2008". This an acronym within an acronym. So, a little backstory:
o The F.I.S.A. is an acronym standing for The Foreign Intelligence Surveillance Act of 1978. That act does many things - but is most apt to come-up because it created a separate set of "secret courts" called the "FISC" (Foreign Intelligence Surveillance Courts). Its hearings are closed to the public - but it handles many requests for surveillance warrants from federal law enforcement and intelligence agencies.
o The F.I.S.A. law itself passed in 1978 - but it has often been amended since then.
o One reason that the FAA of 2008 comes up is Section 702 of the FAA. Section 702 authorizes PRISM (explained below). Section 702 is designed to gather intelligence on foreign citizens, but is often accused of gathering intelligence on US citizens. Many argue that because Section 702 is understood to permit gathering information "about" a foreign person, it can be used to gather information regarding US persons.
argues that the Status Quo fails because the language or definitions of current laws are not strict enough. Here, the Affirmative would usually argue that when language has "wiggle room" federal agencies will seek to gain as much intelligence a possible - often at the expense of privacy. The most common example of insufficient language is "SST" - which is explained below.
Metadata is traditionally defined as "data about data." Translation: The NSA probably isn't listening to your phone calls or reading your email. Instead, the metadata program givs intelligence access to information about phone calls. That includes the phone numbers of both caller and recipient, the number of any calling cards used, the time and duration of calls and the international mobile subscriber identity (a unique identifier embedded in a phone SIM card) number. Email metadata includes each message's to, from, cc and timestamp information. It also includes the IP address each email was sent from, which reveals where a computer is located. Status quo metadata programs do not allow the Government to listen in on phone calls or read emails. The information acquired does not include the content of any communications or the identity of any subscriber.
argues that the Status Quo fails because so-called "super-minimization" procedures are not in place. Super-minimization requires intelligence agencies to delete all information gathered on persons that are subsequently determined to have not been relevant to the federal investigation at hand. Absent these super-minimization protections, intelligence agencies could arguably retain that information and use it in different investigations.
argues that the Status Quo fails because of several different programs that authorize surveillance. These cards are probably best run in conjunction with an Affirmative plan that seeks to ban or eliminate many surveillance programs.
National Security Letters. These cards will argue that the Status Quo fails because the FBI currently has the authority to issue NSL's. These letters are served on communications service providers (like phone or internet companies) by the FBI to compel provision of communication or Internet activity. An NSL cannot demand the content of a call, but can compel provision of metadata. Recipients of NSLs may be subject to a gag order that forbids them from revealing the letters' existence to the public. No approval from a judge is required for the FBI to issue an NSL, but the recipient of the NSL can still challenge the nondisclosure requirement in federal court.
Pen Register or Trap and Trace device
A device that decodes or records electronic information - like outgoing numbers from a telephone. A "pen register" technically was a device that recorded data from telegraph machines. But the term has survived and applies to modern communication. These cards will argue that the Status Quo fails because the law provides insufficient protection against bulk collection of data obtained from "Pen Register or Trap and Trace" devices.
PRISM is a US surveillance program under which the National Security Agency (NSA) collects Internet communications from at least nine major US Internet companies. PRISM requests for internet data are authorized under Section 702 of the FISA Amendments Act of 2008 (see FAA or "FAA-Section 702" - above). The program is intended to identity foreign citizens - but the program is often accused of inadvertently gathering intelligence on US citizens. According to The Washington Post, US intelligence analysts search PRISM data using terms intended to identify targets whom the analysts suspect with at least 51 percent confidence to not be U.S. citizen.
these cards speak to the image or perception of the law as seen by the US public or foreign countries.
"Specific Selector Terms". These cards will argue that the Status Quo fails because the law allows searches to be conducted with "broad selector terms" - like a zip code, an area code, or the IP address of a web hosting service that hosts thousands of web sites. These broad searches stumble onto much more data. Some privacy advocates want to demand an SST - which would require searches that are much more narrow (i.e. an individual's name).
Why are DEA schedule I drugs not encountered in veterinary therapy regimens?
Interest income is taxed in the year in which it is received by the taxpayer or credited to the bank account.
7. Rescission is usually permitted where the parties to a contract are both mistaken about a material fact.
If there is a time limitation or any other restriction in a contract, a third-party beneficiary:
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