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Solvency

Solvency Frontline



Empirically, the President will engage in illegal NSA surveillance, ignoring legal authority.


ACLU, 2015 [American Civil Liberties Union, “NSA SPYING ON AMERICANS IS ILLEGAL,” Copyright 2015, https://www.aclu.org/nsa-spying-americans-illegal]

What if it emerged that the President of the United States was flagrantly violating the Constitution and a law passed by the Congress to protect Americans against abuses by a super-secret spy agency? What if, instead of apologizing, he said, in essence, "I have the power to do that, because I say I can." That frightening scenario is exactly what we are now witnessing in the case of the warrantless NSA spying ordered by President Bush that was reported December 16, 2005 by the New York Times. According to the Times, Bush signed a presidential order in 2002 allowing the National Security Agency to monitor without a warrant the international (and sometimes domestic) telephone calls and e-mail messages of hundreds or thousands of citizens and legal residents inside the United States. The program eventually came to include some purely internal controls - but no requirement that warrants be obtained from the Foreign Intelligence Surveillance Court as the 4th Amendment to the Constitution and the foreign intelligence surveillance laws require.

Absent international agreements, curtailing surveillance is impossible. So-called totalitarian nightmares and beyond will be inevitable.


Rothkopf, 5-12-15 [David, CEO and Editor of the Foreign Policy Group, “What Would Thomas Jefferson Do…With the CIA?” Foreign Policy, 5-12-15, https://foreignpolicy.com/2015/05/12/thomas-jefferson-u-s-intelligence-needs-an-overhaul/?utm_source=Sailthru&utm_medium=email&utm_term=Flashpoint]

By 2020, it is estimated, 50 billion devices will be connected to the Internet—most of them embedded microprocessors that will offer real-time insights into every aspect of life on the planet. Furthermore, effectively every human being, every organization, and every government on Earth will be connected in a man-made system for the first time in history. Each of those billions of microprocessors and each connection on the web will be a potential entry point for surveillance and spying. What’s more, thanks to drones and nanodevices that can be hidden and embedded on targets by the millions, humans stand at the dawn of an era of potentially ubiquitous sensing. (This is not to speak of the gradual impact artificial intelligence will have on how people direct, conduct, and analyze what is gathered.) If the world does not set limits, preferably by international treaty, as to what is fair game in this system—in terms of both surveillance and cyberconflict—humanity runs the risk of entering a period that will make Big Brother dystopian fantasies pale by comparison. Central to this process of setting limits will be having a public debate about the philosophical building blocks of the system: what is privacy, who owns the data each sensor produces, how should people divvy up the rights of individuals, corporations, and states. Furthermore, intelligence agencies will have to be reorganized to deal with these new realities, and so too will entire national security systems. Increasingly, the Internet will be the terrain on which most future battles will be fought, won, or lost; information warriors, many of them from the IC, will be the principal combatants.

Global efforts regulate information gathering will be necessary to render surveillance more transparent.


Rothkopf, 5-12-15 [David, CEO and Editor of the Foreign Policy Group, “What Would Thomas Jefferson Do…With the CIA?” Foreign Policy, 5-12-15, https://foreignpolicy.com/2015/05/12/thomas-jefferson-u-s-intelligence-needs-an-overhaul/?utm_source=Sailthru&utm_medium=email&utm_term=Flashpoint]

It will be essential that the world reconsider views on the classification of information. Vastly more information is publicly available than could likely ever be gathered covertly. Such open-source information is easier to verify, easier to share, of greater use to policymakers, and essential to the kind of public-private collaboration that will be required in the new security environment. Conversely, estimates from career intelligence consumers suggest the vast majority of what is available via classified channels is also available or discoverable via open sources. Not classifying it would save billions of dollars.

Ext – Circumvention



Legislative reform of illegal surveillance will always be circumvented. Only revolution which destroys the entire surveillance infrastructure can solve.


Whitehead, 5-16-15 [John, constitutional and human rights attorney, and founder of the Rutherford Institute,” The NSA’s Technotyranny: One Nation Under Surveillance,” WashingtonsBlog, 5-16-15, http://www.washingtonsblog.com/2015/05/the-nsas-technotyranny-one-nation-under-surveillance.html]

In other words, it doesn’t matter who occupies the White House: the secret government with its secret agencies, secret budgets and secret programs won’t change. It will simply continue to operate in secret until some whistleblower comes along to momentarily pull back the curtain and we dutifully—and fleetingly—play the part of the outraged public, demanding accountability and rattling our cages, all the while bringing about little real reform. Thus, the lesson of the NSA and its vast network of domestic spy partners is simply this: once you allow the government to start breaking the law, no matter how seemingly justifiable the reason, you relinquish the contract between you and the government which establishes that the government works for and obeys you, the citizen—the employer—the master. Once the government starts operating outside the law, answerable to no one but itself, there’s no way to rein it back in, short of revolution. And by revolution, I mean doing away with the entire structure, because the corruption and lawlessness have become that pervasive.


NSA surveillance reform is useless: The government simply ignores restrictive legislation and surveillance is too pervasive.


Whitehead, 5-16-15 [John, constitutional and human rights attorney, and founder of the Rutherford Institute,” The NSA’s Technotyranny: One Nation Under Surveillance,” WashingtonsBlog, 5-16-15, http://www.washingtonsblog.com/2015/05/the-nsas-technotyranny-one-nation-under-surveillance.html]

The National Security Agency (NSA) has been a perfect red herring, distracting us from the government’s broader, technology-driven campaign to render us helpless in the face of its prying eyes. In fact, long before the NSA became the agency we loved to hate, the Justice Department, the FBI, and the Drug Enforcement Administration were carrying out their own secret mass surveillance on an unsuspecting populace. Just about every branch of the government—from the Postal Service to the Treasury Department and every agency in betweennow has its own surveillance sector, authorized to spy on the American people. Then there are the fusion and counterterrorism centers that gather all of the data from the smaller government spies—the police, public health officials, transportation, etc.—and make it accessible for all those in power. And of course that doesn’t even begin to touch on the complicity of the corporate sector, which buys and sells us from cradle to grave, until we have no more data left to mine. The raging debate over the fate of the NSA’s blatantly unconstitutional, illegal and ongoing domestic surveillance programs is just so much noise, what Shakespeare referred to as “sound and fury, signifying nothing.” It means nothing: the legislation, the revelations, the task forces, and the filibusters. The government is not giving up, nor is it giving in. It has stopped listening to us. It has long since ceased to take orders from “we the people.”

Illegal surveillance is inevitable. The rule of law cannot curtail it.


Whitehead, 5-16-15 [John, constitutional and human rights attorney, and founder of the Rutherford Institute,” The NSA’s Technotyranny: One Nation Under Surveillance,” WashingtonsBlog, 5-16-15, http://www.washingtonsblog.com/2015/05/the-nsas-technotyranny-one-nation-under-surveillance.html]

What this brief history of the NSA makes clear is that you cannot reform the NSA. As long as the government is allowed to make a mockery of the law—be it the Constitution, the FISA Act or any other law intended to limit its reach and curtail its activities—and is permitted to operate behind closed doors, relaying on secret courts, secret budgets and secret interpretations of the laws of the land, there will be no reform. Presidents, politicians, and court rulings have come and gone over the course of the NSA’s 60-year history, but none of them have done much to put an end to the NSA’s “technotyranny.” The beast has outgrown its chains. It will not be restrained.




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