Cdl core Files 2015-2016 cdl core Files


NC/1NR- States COUNTERPLAN- ANSWERS TO: Permutation



Download 1.69 Mb.
Page70/75
Date18.10.2016
Size1.69 Mb.
#2993
1   ...   67   68   69   70   71   72   73   74   75

2NC/1NR- States COUNTERPLAN- ANSWERS TO: Permutation




  1. Prefer the counterplan alone

  1. Extend our 1NC BBC evidence; the federal government is not suited to ensure privacy protections, national security concerns will always trump individual liberty. However, the states have proven that they respond to the public’s privacy concerns with concrete legislative reductions in domestic surveillance

  2. The permutation links to the net benefit- the plan is perceived as a democratic president being “soft” on national security matters- this decreases the chances of a Hillary Clinton presidency

2NC/1NR- States COUNTERPLAN- ANSWERS TO: Fifty State Fiat Bad

50 state fiat is good

  1. Education- weighing the costs and benefits of federal versus state policy is crucial to effective policymaking skills- most real world policy making involves deciding whether to implement a policy at the local or federal level

  2. Ground- the topic is very large and most of the literature is skewed affirmative- without the States Counterplan, the negative is stuck defending the status quo. The affirmative also has built in advantages such as the first and last speech

  3. Reject the argument not the team- if the affirmative wins that 50 state fiat is illegitimate do not vote us down. Instead, disregard the COUNTERPLAN and weigh the net benefit against the affirmative’s impacts




**States COUNTERPLAN Affirmative

2AC- States Counterplan

  1. Permutation do both- the counterplan is not functionally competitive- the 50 states and the USFG can do the plan- this would shield the link to the net benefit, if the 50 states do the affirmative along with the federal government, it will not spur backlash against the democrats or with members of congress

  2. The counterplan cannot solve- the most pernicious forms of surveillance occur at the federal level, the counterplan has no jurisdiction over FBI surveillance


NEW YORK TIMES 2015- New York Times, “F.B.I. Is Broadening Surveillance Role, Report Shows” http://www.nytimes.com/2015/01/12/us/politics/beyond-nsa-fbi-is-assuming-a-larger-surveillance-role-report-shows.html

WASHINGTON — Although the government’s warrantless surveillance program is associated with the National Security Agency, the Federal Bureau of Investigation has gradually become a significant player in administering it, a newly declassified report shows.¶ In 2008, according to the report, the F.B.I. assumed the power to review email accounts the N.S.A. wanted to collect through the “Prism” system, which collects emails of foreigners from providers like Yahoo and Google. The bureau’s top lawyer, Valerie E. Caproni, who is now a Federal¶ District Court judge, developed procedures to make sure no such accounts¶ belonged to Americans.¶ Then, in October 2009, the F.B.I. started retaining copies of unprocessed communications gathered without a warrant to analyze for its own purposes. And in April 2012, the bureau began nominating new email¶ accounts and phone numbers belonging to foreigners for collection,¶ including through the N.S.A.’s “upstream” system, which collects¶ communications transiting network switches.¶ That information is in a 231-page study by the Justice Department’s inspector general about the F.B.I.’s activities under the FISA Amendments Act of 2008, which authorized the surveillance program. The report was¶ entirely classified when completed in September 2012. But the government has now made a semi-redacted version of the report public in response to a¶ Freedom of Information Act lawsuit filed by The New York Times.¶ The Times filed the lawsuit after a wave of declassifications about¶ government surveillance activities in response to leaks by the former¶ intelligence contractor Edward J. Snowden.¶ The report was delivered late Friday to The Times. In it, the inspector¶ general, Michael E. Horowitz, concluded that the F.B.I. was doing a good¶ job in making sure that the email accounts targeted for warrantless¶ collection belonged to noncitizens abroad.¶ But parts of the report remained heavily redacted. For example, there¶ was only one uncensored reference to the Prism system. It was not clear¶ why the Justice Department had redacted all the other references to Prism¶ in the report; the name of that program and many details about it have¶ been declassified and were discussed in a July 2014 report by the Privacy¶ and Civil Liberties Oversight Board.¶ David McCraw, a Times lawyer, said the newspaper may challenge the¶ redactions at a later stage in the Freedom of Information Act litigation.¶ The report also filled in a gap about the evolving legality of the warrantless wiretapping program, which traces back to a decision by President George W. Bush in October 2001 to direct the N.S.A. to collect Americans’ international phone calls and emails, from network locations on domestic soil, without the individual warrants required by the Foreign Intelligence Surveillance Act, or FISA. The Times revealed that program in¶ December 2005.¶ After the article appeared, telecommunications providers that had¶ voluntarily participated in the program were sued, and a Federal District¶ Court judge in Detroit ruled that the program was illegal, although that¶ decision was later vacated. The Bush administration sought to put the¶ program on more solid legal footing by gaining orders from the Foreign¶ Intelligence Surveillance Court approving it In January 2007, the Bush administration persuaded the court’s Judge¶ Malcolm Howard to issue an order to telephone and network companies¶ requiring them to let the security agency target foreigners’ accounts for¶ collection without individual warrants. But in April 2007, when the order¶ came up for renewal before Judge Roger Vinson, he said that it was illegal.¶ Judge Vinson’s resistance led Congress to enact, in August 2007, the¶ Protect America Act, a temporary law permitting warrantless surveillance¶ of foreigners from domestic network locations. The next year, Congress replaced that law with the FISA Amendments Act.¶ Last month, as a result of separate Freedom of Information Act¶ lawsuits by The Times and the Electronic Frontier Foundation, the¶ government declassified the identities of the judges who disagreed in early¶ 2007 and several court filings from that episode. But it remained unclear¶ what the N.S.A. had done in June and July of 2007.¶ The newly declassified report said Judge Vinson issued an order on May 31, 2007, that allowed existing surveillance to continue by approving collection on a long list of specific foreign phone numbers and email addresses. But after that, when the agency wanted to start wiretapping an¶ additional person, it had to ask the court for permission.¶ The report said that “the rigorous nature of the FISA Court’s probable¶ cause review of new selectors submitted to the various FISA Court judges¶ following Judge Vinson’s May 31, 2007, order caused the N.S.A. to place¶ fewer foreign selectors under coverage than it wanted to.” That and other factors “combined to accelerate the government’s efforts” to persuade Congress to enact the Protect America Act.

  1. 50 State Fiat is a reason to reject the team

  1. Not real world- surveillance practices that occur at the federal level are under USFG jurisdiction and cannot be wished away by state actors

  2. Education- the topic is about the federal government curtailing its surveillance, the negative shifts the discussion towards 50 state solvency, which was not the framers’ intention for the resolution

  3. Ground- it’s unfair for the affirmative to have to defend against a counterplan that results in the entirety of the plan, there is not much literature on a difference between the federal and state governments doing the plan

2AC- States COUNTERPLAN- Solvency Deficit- Drone Affirmative




  1. The COUNTERPLAN cannot solve the privacy advantage- our 1AC evidence is predicated on FBI use of drones, this is the federal bureau of investigation, and thus, the states do not have the jurisdiction to regulate FBI activity

  2. The COUNTERPLAN cannot solve the credibility advantage- our 1AC internal link evidence states that the United States erodes international confidence in human rights regimes by not upholding their commitments- the states cannot resolve international perception only federal action can, the impacts are global warming and hegemony

  3. The COUNTERPLAN cannot solve the innovation advantage- our 1AC evidence indicates that state governments are banning drones to resolve privacy concerns, this triggers the impact to the advantage- the 1ac solvency evidence indicates that federal legislation is necessary to reform drones to alleviate privacy concerns, which boosts the commercial drone industry, the impact is conflict through food scarcity

  4. Here’s more evidence- the FBI is operating a secret fleet of drones, the states cannot solve


Huffington Post 2015- “FBI Confirms Wide-Scale Use Of Surveillance Flights Over U.S. Cities” http://www.huffingtonpost.com/2015/06/02/fbi-surveillance-flights_n_7490396.html, June 2

The FBI is operating a small air force with scores of low-flying planes across the U.S. carrying video and, at times, cellphone surveillance technology -- all hidden behind fictitious companies that are fronts for the government, The Associated Press has learned.¶ The planes' surveillance equipment is generally used without a judge's approval, and the FBI said the flights are used for specific, ongoing investigations. In a recent 30-day period, the agency flew above more than 30 cities in 11 states across the country, an AP review found.¶ Aerial surveillance represents a changing frontier for law enforcement, providing what the government maintains is an important tool in criminal, terrorism or intelligence probes. But the program raises questions about whether there should be updated policies protecting civil liberties as new technologies pose intrusive opportunities for government spying.

2AC- States COUNTERPLAN- Solvency Deficit- Security Letters Affirmative




  1. The COUNTERPLAN cannot solve any of the case- extend our 1AC Froomkin and Washington Post evidence, the FBI has been requesting national security letters from the federal government, only they have the authority to OK the use of security letters, not the state governments

2AC- States COUNTERPLAN- Solvency Deficit- Stingray Affirmative




1. There are over 50 federal agencies that use stingray technology- the counterplan cannot solve


ACLU No Date- American Civil liberties Union, https://www.aclu.org/map/stingray-tracking-devices-whos-got-them

The map below tracks what we know, based on press reports and publicly available documents, about the use of stingray tracking devices by state and local police departments. Following the map is a list of the federal law enforcement agencies known to use the technology throughout the United States. The ACLU has identified 53 agencies in 21 states and the District of Columbia that own stingrays, but because many agencies continue to shroud their purchase and use of stingrays in secrecy, this map dramatically underrepresents the actual use of stingrays by law enforcement agencies nationwide.¶ Stingrays, also known as "cell site simulators" or "IMSI catchers," are invasive cell phone surveillance devices that mimic cell phone towers and send out signals to trick cell phones in the area into transmitting their locations and identifying information. When used to track a suspect's cell phone, they also gather information about the phones of countless bystanders who happen to be nearby. Click here for more info on stingrays.

  1. The COUNTERPLAN cannot solve the racism advantage- our 1AC Kleiner evidence states that stingray technology targets persons of color an ongoing federal practice since 9/11, only the plan can set precedent at the federal level.





Download 1.69 Mb.

Share with your friends:
1   ...   67   68   69   70   71   72   73   74   75



The database is protected by copyright ©ininet.org 2024
send message
    Main page
Guide
Instructions
Report
Request
Review