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Electronic Surveillance

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Ethics in the Government and Public Sector in Electronic Surveillance
“Can you hear me now, Yes I can even see you”
Embry-Riddle Aeronautical University

Abstract
In todays society the number of computers, tablets, mobile devices will rise to about 65 billion devices connecting to the internet. That not counting vehicles, household applicances, gaming devices. However, with all of these deveices there is a significant benfit that will make our lives easier and one potential theat that invades our privacy called Geolocational Privacy and Surveillance (GPS). This sometimes hidden or masked feature is colleting our personal information, location and sometimes converstation. Laws have have enmpowered government and companies to collect databases of consumers without our consent. With ongoing technology where does the protection beging and the surveillance stop.

Ethics in the Government and Public Sector in Electronic Surveillance

In the movie Enemy of the State the lawyer played by Will Smith becomes a target by a corrupt politican who kills a congressman for his unwillingness to help with a new surveillance system with satellites. The politican with the help of National Security Aministration agents to destroy the lawyers life by manipulation thru the internet and surveillance. This movie was produced in 1998 and then the technological devices we have now were not that advanced. Little did we know that would become the norm of everyday life of those who possess electroinc devices.
Laws
For all of this to happen it must start somewhere and so it began with the Omnibus Crime Control and Safe Streets Act of 1968, also known as the “Wiretap Act”. Congress passed Title II in response to congressional investigations and pulish studies that found extensive wiretapping hasd been conducted by government agencies and private individuals without the consent of the parties or legal sanction. Congress found that the contents of these tapped converstions and he evidence drived from them were being used by government and private parties as evidence in court and administrative proceedings. Title III originally covered only “wire” and “oral” communications but was significantly revised by Title I of the ECPA in 1986 to include electronic communications.
The ECPA includes two additional titiles to protect the privacy of stored communications and regulate the use of “pen register” and “trap and trace” devices. The ECPA was significantly admended by the Communicaitons Assisteance to Law Enforcement Act (CALEA) in 1994 to ensure that equipment, facilities, or services that allow a customer or subscriber to “orginate, terminate, or direct communications,” enable law enforcement officals to conduct electronic surveillance pursuant to court order or other lawful authorization. CALEA was intended to preserve the ability of law enforcement agencies to conduct electronic surveillance by requiring that telecommunicaitons carriers and manufactures of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have the necessary surveillance capabilities as commincations network technologies evolve. In May 2006, the FCC issues a second report and order that required facilities-based broadboand Internet access providers of interconnected Voice over Internet Protocol (VoIP) service to come into compliance with CALEA obligations.
The Uniting and Strengthing Amercial by providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 was enacted in response to the attacks of September 11, 2001 and became law less thatn two months after those attacks. The purpose of the USA PATRIOT Act is to dert and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools and other purposes. Some those measues include to detect and prosecute international money laundering and financing of terrorism. To subject to special scrutiny foreign jursidctions, foreign financial institutions, and classes of internation transactions or types of accounts that are susceptime to criminal abuse. Thridly to require all appropriate elements of the financial services industry to report potential monely laundering. Finally, to strengthen measures to prevent use of the U.S. financial system for personal gain by corrupt foreign officials and facilitate repatriation of stolen assets to the citizens of countries to whom such assets belong.
In 2006, The USA PATRIOT Reauthorization Act was amendend to allow a person receivnd a production order 9an order from the Director of the Federal Bureau of investigation (FBI) or his designee (Director) to produce any tangible thing, such as a book, document, or record) to challenge its leagality by filing a petition with a pool of three district court judges establish by the Chief Justice of the United States for such purpose. Permits the filing of petition, no sooner than one year after the issuance of the production order, challenging any accomplnying nondisclosure order (an order prohibiting the person receiving the production order from disclosing that the FBI sought information). Finally there is the the FISA Amendments Act of 2008 that provides critically important authority for the United States Intelligence Community to acquire foreign intelligence information by targeting foreign person reasonably believed to be outside the United States. It ensures that the intelligence community has the flexibility and agility it needs to identify and respond to terrorist and other foreign threats to your security. In addition, this act has been approved for another five years until 2017.
Before any of these lawsw were enacted there is one called the United States Consitution and the fourth Amdndemnt reads the following: The firhgt of the people to be securen in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable casue, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This right was to protect individuals from the abuse of law enforcement. However, the forementioned laws were to target foreigners, but not it has turned on Amercians as well. It is impossible to tell how many or whose locations have been tracked from leaked documents. In a statement form a NSA spokesperson “It’s awkward for us to try to provide specific numbers”. An intelligence lawyer claimed that tracking device locations doesn’t violated the Fourth Amendment. According to the government which maintains that cell site locations are just meta data, electroinic flotsam not protected by a warrant requirement. Courts have split on that argument holds up according to the laws. How far will the NSA go to acquire information with or without anyones knowledge.
Wireless Location Technologies
In newer smartphone units, vehicles and other electronic devices are built with GPS chipset hardward, GPS location features are integrated into applications for mapping, street directions and to obtain information about businesses in that local area. There’s just one thing when using GPS that it must be used in the open outdoors to be visable to the satelitess. Another means that is used to track is the cellular system infrastructure. This way calculates the location via the active network using cellular radio interfaces. Whenever a phone is on the location can be known in about 300 yards. Even if the phone is not in use it still communicats with cell tower sites and the provider keeps track of the phone’s position as it travels. Cell or GPS companies are not eager to advertise that tracking capability. Nor will companies admit whether they are archiving the breadcrumb trainl of pings from a cell phone so they or law enforcement can trace back after the fact where the customer had been at a particular time.
Surveillance
During the 2011 holiday season, several malls decided to use shoppers cell phones to track their movement from store to store. In addition researchers discovered that an unencrypted file on Apple iPhones stored a ten-month record of a user’s location data. In each case consumers were outraged and membes of Congress investigated the business practices. Employees are increasingly concerned about the extent to which their empoyers are monitoring their work-related activities and possibly their personal lives. In the categories of computers, telephones and videos companies have increased their surveillance and the number is growing. A serious invasion of privacy with respect to electronic commerce is the collection and use of personal information. None of us really knows how much personal information si collected, saved, swapped or sold in e-commerce. Thousands of retailers, from department stores to catalog companies, collect and store personal information, from asking customers for the zip codes to collecting names, addresses, houseld income, purcharsing patterns through a store credit card. Retailers also share, exhcnage, and even sell their customer databases to other companies. In addition, companies use cookies on our personal computer hard drives, smart phones and tablets so they can recognize repeat visitors the next time they visit their websites.
Just recently revelation has come to light in that the National Security Agency tapped in on major games and gaming networks. With the likes of Sony Playstation, Microsoft Xbox and others have millions of users together. In the realm of society today this will be considered as a social network like FaceBook, Twitter, Instagram, etc. So now that new consoles have the capability to collect more data and personal information that can be acquired for surveillance or sold to the highest bidder. In short, the average consumer has very little control over what is done with his or her personal data once it is collected.
Conclusion
Monitoring of an individuals activities have not been limited to GPS, but expanded to their use of computers and the internet. Increasinly, it is being reported that employers are monitoring employee’s whereabout and use of time through GPSs, satellite, implanting empolyees with mircochips (with their knowledge), and hiring investigators to check up on what they are really doing at work. Like all issues involving technology, there are two sies of the ethical arguments as to wheter such practices are acceptable.

References

Bernstein, J. (2013, December 9). The Biggest Social Network No One is Talking About:
Gamers. Retrieved from http://www.buzzfeed.com/josephbernstein/the-biggest-social-network-no-one-is-talking-about-gamers Cangemi, M. P. (2012). The real benefits of continuous monitoring. Financial Executive, 28(4),
35-36,38. Retrieved from http://search.proquest.com.ezproxy.libproxy.db.erau.edu/docview/1018567630?accountid=27203 Carroll, A. & Buchholtz, A. (2012). Business and society: Ethics, sustainability, and stakeholder * management. (8th ed.). Florence, KY: South-Western College Publishing. * Communications Assistance for Law Enforcement Act (2012) FCC Encyclopedia. Retrieved * from http://www.fcc.gov/encyclopedia/communications-assistance-law-enforcement-act
Electronic Surveillance - Congress Grants Telecommunications Companies Retroactive
Immunity From Civil Suits For Complying With Nsa Terrorist Surveillance Program.
(2009). Harvard Law Review, 122(4), 1271. Retrieved from http://search.proquest.com.ezproxy.libproxy.db.erau.edu/docview/218815975?accountid=27203 Ramage, J. D., Bean, J. C., & Johnson, J. (2012). The Allyn & Bacon guide to writing. (6th * ed.). Boston: Pearson/Longman.
Riedy, M. K., & Wen, J. H. (2010). Electronic surveillance of Internet access in the American workplace: implications for management. Information & Communications Technology Law, 19(1), 87-99. doi:10.1080/13600831003726374 * Hennessey, R. (2013, December 9). Tech Giants From Group to Pressure U.S. Over * Surveillance. Entrepreneur. Retrieved from http://m.entrepreneur.com/article/230278 * U.S. House. 112th Congres, 2nd Session. H.R. 2168, Geolocational Privacy and Surveillance (GPS) Act. Government Printing Office, 2012.

Workplace surveillance and managing privacy boundaries; Allen, M.; Coopman, S.; Hart, J.; Walker, K. Management Communication Quarterly: McQ); 2007 Vol. 21 Issue 2, p172-201, 30p. Document Type: article; (AN MCQMC.BA.AGB.ALLEN.WSMPB) [Citation Record], Database: EBSCO Publishing Citations

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