Reforming NSA Surveillance Laws

By Emmie N.

Abstract: The goal of the National Security Agency was intended to be for conducting surveillance internationally. However, whistleblower Edward Snowden, former contractor for the NSA, revealed that the NSA conducts surveillance on American citizens by monitoring their online communications and activities. These include phone calls, messages, emails and more. This raises the question, what is the most effective way to address online mass surveillance in the NSA? To comprehend this issue, expert perspectives are considered about the impact of September 11th, 2001 on NSA surveillance, the legality of surveillance programs, and its effects on American citizens. After reviewing expert perspectives on the topic, the solution of reforming NSA surveillance laws is proposed. Specific changes include notifying Americans surveillance is occurring, providing insights on surveillance laws, protecting information under the Constitution, requiring a warrant, and letting Congress facilitate these laws. These changes will be effective in order to increase the public transparency of surveillance laws and protect Americans’ intellectual privacy. Finally it is argued that Congress is most suited to make and control surveillance laws.

Keywords: NSA, United States government, NSA surveillance, government surveillance, foreign intelligence surveillance, national surveillance, online surveillance, mass surveillance, United States laws

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Summary: ​The goal of the National Security Agency (“NSA”) was intended to be for conducting surveillance internationally. However, whistleblower Edward Snowden, former contractor for the NSA, revealed that the NSA conducts surveillance on Americans. He released thousands of classified documents showing that the NSA monitors citizens by checking their online communications and activities. These include phone calls, messages, emails and more. This raises the question, what is the most effective way to address online mass surveillance in the NSA?

It is widely believed that NSA surveillance has increased since the terrorist attacks of September 11th, 2001. The U.S. government claims that the purpose of NSA surveillance is to seek out potential terrorists by monitoring everybody’s online activities, in order to prevent another attack like 9/11 from happening. Members of terrorist groups disguise their actions under unsuspicious activities online. Since the NSA monitors what citizens do online, the legality and constitutionality of surveillance programs are often discussed among legal experts. Overall, it is unclear whether or not surveillance programs are legal. On the contrary, it is agreed upon that NSA surveillance is harmful to American citizens. It currently does more harm than good because it is a violation of privacy. Government surveillance does not protect the intellectual privacy of Americans, so surveillance laws must change to do so.

To combat negative impacts of NSA surveillance is to change the U.S.’ intelligence surveillance laws to make them less invasive. Specific changes include notifying Americans surveillance is occurring, providing insights on surveillance laws, protecting information under the Constitution, requiring a warrant, and letting Congress facilitate these laws. These changes will be effective in order to increase the public transparency of surveillance laws. Since many Americans are unaware of NSA surveillance, changes are needed to inform the public about the government’s actions. Citizens must be aware if their privacy is being infringed upon, so they can assume the risks. Changes to government surveillance laws would also allow Americans to retain their human right to privacy. This will also build the trust of Americans and their government. Congressional changes will succeed because Congress has the best ability to manage surveillance. Congress has the power to create laws about national security, which includes mass surveillance. They are also the best pick to properly represent the beliefs of Americans.