Premium Essay

Ethics of Wiretapping

In: Historical Events

Submitted By ariesx
Words 1118
Pages 5
Patrick Hughes

Philosophy 203 – Introduction to Ethics

August 7, 2015

ETHICS OF WIRETAPPING Since the First World War, government has been known to use private companies to wiretap phone lines for information. The legal structures, established by the 1978 Foreign Intelligence Surveillance Act (FISA), have defined a framework for legally securing a warrant for searches and tapping into phone lines of the American populace. Sometimes the government uses warrantless wiretapping without proper authorization and it exposes telecommunications companies to legal and financial ramifications. What I will argue in this paper is that warrantless wiretapping is unlawful and not ethical, as it harms citizens and violates their privacy. My position is that it is not violation of personal liberties and is immoral for the NSA to have access data when your average citizen is not a threat. Not completely following this law pertaining to wiretapping deviates from the natural check and balance system of the federal government. The failure to procure a warrant when wiretapping violates the Fourth Amendment of the Constitution, and provokes media criticism. The National Security Administration (NSA) and other government agencies are required to wiretap only with the direct written authority of the FISA-assembled courts through a signed warrant. In rare cases, however, such as an imminent terror plot, against the government should it be allowed to intervene.

The law-abiding system of gathering warrants before wiretapping functioned well from 1978 until the 2000s, due in part to company policies that willingly followed the guidelines set by the Communications Assistance for Law Enforcement Act (CALEA). Letters to the FCC demonstrate that most companies have comprehensive systems to brief employees and establish company policies that uphold...

Similar Documents

Free Essay

Insider Trading

...president of this bank. In 1997, he started a technology stocks investment company, which was called Galleon Group in New York. In 2009, Rajaratnam's net worth to $ 1.3 billion by Forbes global rich list among the first 559. When Galleon was established in NY, Rajaratnam said: "This is Raj Rajaratnam, only the paranoid survived." Unfortunately, this time his "paranoid" gets too far. Rajaratnam's case is the largest in the history of Wall Street hedge fund insider trading case at that time, but also the first use of the Federal Investigation Agency monitor means to obtain evidence relating to insider trading. Rajaratnam's arrest on behalf of the US government efforts to combat financial crime has entered a new phase. In this case, there are two ethic issues that can be discussed. The first is a white-collar crime; insider trading is one of them. The second is the wiretap recording, whether it is legitimate, if it is, what impact it will bring to business competition. 3.2 Theory Insider trading is a kind of white-collar crime. Definition of insider trading which is the buying or selling of a security by someone who has access to material, nonpublic information about the security. Insider trading can be illegal or legal depending on when the insider makes the trade: it is illegal when the material information...

Words: 1451 - Pages: 6

Free Essay

Ethical Thinking

...Ethical issue The issue is whether it is ethical for Google to collect payload data using its Street View vehicles through unencrypted Wi-Fi network. Google's street view project was intended to capture images and also Wi-Fi data which are then used to map businesses and landmarks. However Google was found to be collecting 'payload' data which was unnecessary for its location database project. Numerous investigations ensued, questioning the ethicality of the Street View debacle. Theoretical Perspectives This section will look at 3 schools of ethical theories. From a virtue ethics point of view, though Google's s slogan "Don't Be Evil" and its Google Code of Conduct established a baseline for honest decision-making, it is more action-based rather than character based. Being an Internet service provider that handles an immense amount of data, Google should aspire to be an organisation that is honest and truthful. Therefore a virtue ethicist will say that Google's data sniffing debacle is unethical since it is against what a virtuous organisation ought to do. Consequentialist theories can be classified based on the type of consequences, the primary beneficiary of the action and if it is agent-centered or agent neutral (Frost). Using the theory of ethical egoism, the consequences for the agent are taken to matter more than any other result. In the design document of the Street View Project, it was stated that Wi-Fi data Google gathered would "be analyzed offline for use......

Words: 1537 - Pages: 7

Premium Essay


...industry…$18.2 billion • Software…$53.0 billion Losses from peer-to-peer downloading is perceived to be unethical by the majority of the US public, but only by one third of college students. Societal Values and Attitudes: • Are relative • Affect ethical and legal relationships It is not uncommon for a person to adapt their behavior and ethics to the group where they spend their time, and to change it from group to group. Ethics of Exchange The exchange process is central to the marketing concept. Ethical exchanges between sellers and buyers should result in both parties being better off after a transaction. Societal culture provides a foundation for understanding moral behavior in business activities. Business cultures “comprise the effective rules of the game, the boundaries between competitive and unethical behavior, [and] the codes of conduct in business dealings.” Before the 1960s, the legal concept of caveat emptor, let the buyer beware—was pervasive in the American business culture. In 1962, President John F. Kennedy outlined a Consumer Bill of Rights that codified the ethics of exchange between buyers and sellers. These were the right: (1) to safety: The U.S. Consumer Product Safety Commission routinely monitors the safety of 15,000 consumer products. However, even the most vigilant efforts to ensure safe products cannot foresee every possibility. (2) to be informed: The right to be informed means that marketers have......

Words: 611 - Pages: 3

Free Essay

Electronic Surveillance of Employees their employers are constantly monitoring them electronically way more obvious than ever before. Thought, attempt had been tried to block this sneaking activity, but the number of failures at some state whom tried to prevent this monitoring activity still failing, as employers always have some strong various reasons to sneaking into their employee. The reasons could range from monitoring or spying on employee email, phone line to internet activity with the reason to ensure the productivity of the employees at workplace. An employee should be able to reasonably expect to have privacy in the workplace in areas that may be physically invasive such as the bathroom, a private office if the electronic surveillance method being used is wiretapping without prior consent in some states. An employee should not expect to have privacy involving company email systems, phone lines, voicemail, cell phones and pagers, and while using company computers regardless if employers state they will not monitor. Offices in open areas, as well as other open areas that are used by employees such as break rooms should also be excluded. In my current position I am a customer service associate and all my phonecalls are recorded and what I do on my computer screen is also monitored, for me there is no privacy at all wether is my phone or my computer but I am aware off these therefore I approved and acepted as part of my daily functions what I disagree is when employers apply these monitoring to......

Words: 1261 - Pages: 6

Premium Essay

Electronic Surveillance of Employees

...1. Explain where an employee can reasonably expect to have privacy in the workplace. Let’s start off with what are some employee rights in the workplace. Employee Privacy Rights in the Workplace have brought two opposing points of view to the forefront for employers. When dealing with privacy issues in workplace situations, employers are duty bound to maintain an environment that is not hostile to workers. “The courts have passed laws concerning race, ethnicity, sexual orientation, age, gender, social or economic background, and religion that the employer increasingly has to observe and respect (you can learn basic employee” According to Jason from, some experts have assumed that employers reserved the right to read private email generated on work computers, even if it was not stored on company servers. However, the times may be changing. A recent ruling by the New Jersey Supreme Court in Stengart v. Loving Care might hint at a new precedent. According to Ngo, “The N.J. court ruled that employer Loving Care had violated employee Marina Stengart’s privacy by reviewing copies of e-mail sent to her attorney that were left on her work-issued computer because the e-mail had been sent from a personal, password-protected Webmail account (” Do employers really want to be monitoring private emails on work computers, especially when employees can easily pick up their smart phones to email away? The Loving Care decision may not......

Words: 1272 - Pages: 6

Free Essay

Itinfo Security Law and Ethics Course Syllabus

...course, geared to non-attorney managers and executives, provides a broad survey of federal and state laws and judicial systems governing and/or affecting information security. Topics include the effects on information security of cyber-business regulation, doing business on the Internet, privacy laws, taxation, protection of intellectual property, electronic privacy, wiretapping, and cyber-squatting. In addition, students examine ethical issues, forensics, and evidence of cyber-crime. (No Prerequisite) |   | | Terminal Course Objectives | DeVry University course content is constructed from curriculum guides developed for each course that are in alignment with specific Terminal Course Objectives (TCOs). The TCOs define the learning objectives that the student will be required to comprehend and demonstrate by course completion. The TCOs that will be covered in detail each week can be found in the Objectives section for that particular week. Whenever possible, a reference will be made from a particular assignment or discussion back to the TCO that it emphasizes. A | Given the importance of Law, Investigation, and Ethics in Computer Security, develop an understanding of the operation of the American legal system, including how the interpretation of statutes, judicial precedents, and legal reasoning affect information security. | B | Given the global nature of the Internet, evaluate how doing business on the Internet may subject you and your company to the laws, regulatory......

Words: 891 - Pages: 4

Premium Essay

Electronic Surveillance

...Electronic Surveillance of Employee Professor Cowan LEG 500 April 24 2011 Table of Content Page Where an employee can reasonably expect to have privacy in the workplace ……………….. 1 Explain whether it makes a difference if an employee is in an open area or in an enclosed office………………………………………………………………………………………..….. 2 Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance………………………………………………………….......2, 3 Explain to what extent an employer can engage in electronic surveillance of employees…………………………………………………………………………….……….3, 4 Explain to what extent the inclusion of innocent, unaware third –parties in such surveillance determines whether it is legal……………………………………………………….…….…...4, 5 Reference Cited………………………………………………………...…………Reference Page Electronic Surveillance Page 1 Explain where an employee can reasonably except to have privacy in the workplace. Based on the fact that the United States doesn’t have a comprehensive law that protects privacy, there is almost no where in the work place that is private. Most laws give the employer the ability to monitor their employees as long as they have a valid reason for their monitoring. With the advance tin technology employer’s ability to monitor their employees has expanded over last 20 years. Employers have the right to monitor telephone calls, computer usage, electronic mail, voice mail, and video monitoring. Most......

Words: 1353 - Pages: 6

Premium Essay

Ethic at Workplace

...INTRODUCTION The term ethics comes from the Greek word “ethos” which mean character or attitude and personality. Some philosopher defined that ethics as one of the research towards morality and some said that ethic is also the behavior principles that control the individuals or profession as a standard in making decision or action. For the technocrat group, ethics is linked with study on standard of morale issue. Ethics played an important role in a person life because ethics really show the person morale whether its good or bad. Ethics have many theories that explained the principles that can be used in designing the good personalities in oneself. One of the important theory is the Consequentialist Theory, The Consequentialist Theory is divided into many theories such as the egoism and utilitarianism ethics. We should learn about ethics in our daily lifes and anywhere we are. 2.0. THE VALUES IN ETHICS RESOURCES There are four (4) resources in the value of ethics. The resources are religion, philosophy, the culture experience and also law.. 3.1. Religion Religion is the main and oldest resources in the values of ethics. Religion played an important role in building the ethics value in oneself and as well as the organization. For the individual that are Muslim, they are tied with the ethics value that is stated in the holy Quran which was left behind by the prophet Muhammad which was written in the hadith. Whereas other religion they are also tied to their......

Words: 3510 - Pages: 15

Free Essay

Louis Brandeis

...Louis D. Brandeis was a United State Supreme Court Justice that fought against monopolies and big business and was a tireless advocate for free speech. Brandeis was best known for publishing his famous article in the Harvard Law Journal, for publishing his book about the banking industry, for upholding laws that protect the publics’ privacy and the freedom of expression and as the first Jewish Supreme Court Justice. Louis Brandeis was born in Kentucky on November 13, 1856 to Adolph Brandeis and Frederika Dembitz. His parents were Bohemian Jews that had a strong belief in culture and encouraged Brandeis’ education. Consequently, Brandeis graduated high school at the young age of 14. He first attended college in Kentucky but later transferred to Germany when his father had to relocate. He went on to study at Harvard Law School and graduated in 1875 as valedictorian at the age of 20. Brandeis started practicing law in St. Louis, Missouri and after a short time, he moved back to Boston to start a law firm with former Harvard classmate, Samuel Warren. The firm of “Warren and Brandeis” spent much of their time arguing against monopolies and large corporations and advocating for free speech. Together Brandeis and Warren published a famous article in The Harvard Law Review, “The Right to Privacy.” This article argued that private citizens should have the right to be left alone and the press should not be permitted to publish their photos or the details of their lives......

Words: 2167 - Pages: 9

Premium Essay

Dr. Phill

...Devin Smith LEG 500 Law, Ethics, Corp Goverance Dr. Terry Phillips 7/18/11 Explain where an employee can reasonably expect to have privacy in the workplace. If there is a policy in place of the employer related to workplace including privacy issues that policy is legally binding. For example the employer may communicate that employees may enjoy privacy in certain demarcated areas of the office. The employee can enjoy privacy in those areas. According to Ethics in the workplace from a legal perspective employees can reasonably expect privacy in the bathroom and locker room. In such places video monitoring will not be accepted in a court of law. For instance, employers that wish to have an unquestionable right to look at or search for particular items and information kept on their premises should take every reasonable step to dispel any notion that their employers can expect privacy.(p.99-106) Employment manuals should make clear that the employer reserves the right to inspect and examine all areas of the workplace. There is no federal statute that provides general privacy protection in the private employment sector arena. However, in the federal case of Roe v. Wade, the United States Supreme Court held that there is implicit in the U.S. Constitution a right to privacy. A federal statute, 42 U.S.C. Sec. 1983, provides that anyone who, acting under color of law, deprives an individual of rights conveyed by the Constitution or laws of the United States shall be......

Words: 1441 - Pages: 6

Premium Essay

Cybercrime Law, Regulation, Effects on Innovation

...Cybercrime Law, Regulation, Effects on Innovation Human Aspects in Cybersecurity: Ethics, Legal Issues, and Psychology CSEC 620 9024 Summer Semester May 18, 2015 Table of Contents Introduction 1 The Role of the Government in Protecting National Security 1 Acceptance of Government Intervention on Protecting National Security 2 Reaction to the Security Intervention on the Private Sector 3 Impacts/Effects of Government Regulations to Private Industries 4 Compliance Measures to Protect National Security 5 Responsibility to Protect National Security 5 Conclusion 6 Introduction Government has the responsibility to protect its national security and citizen. This could be done by providing policies and procedural guidance to private industries. This relationship between government and private industry are not conflict immune as the balance between protecting the national interest and invading privacy is in question. Senior management from the private industry caught in between making the right decision to protect their customer or investing in cyber security. This research paper covers the impact of government regulations, security laws, and legal concepts on the private sector to protect national security and its interpretation and acceptance by the public. The Role of the Government in Protecting National Security The US government invested a lot to protect its critical infrastructure from cyberattack by creating and implementing......

Words: 1899 - Pages: 8

Premium Essay


...Electronic Surveillance of Employees: Explain where an employee can reasonably expect to have privacy in the workplace. In the workplace, it is important that employees remain fully aware of the limitations employers place on privacy. According to the text, Halbert and Ingulli (pg. 73) suggests that 92% of employers were using electronic surveillances by 2003 in order to monitor their employees. These types of surveillances include the monitoring of phones, computers, electronic mail and voicemail, and video. Phone monitoring can be appropriate for work environments such as call centers. This type of surveillance can be used for quality control or to assist with appropriate performance coaching of employees in order to meet or exceed the goals of their position. If the employee’s job is not closely related to answering phone calls on a daily basis, this form of monitoring may be viewed as inappropriate and invasive to the privacy of the individual. Computer monitoring is also a popular form of electronic surveillance which allows employers to view the ways in which a computer is being used during working hours. Monitoring an employee’s computer use can aid in gathering pertinent information such as their internet usage, number of key stokes or their amount of idle time on any given day. This would be suitable for positions that require an immense amount of typing or a position that heavily relies upon efficiency. If the use of monitoring is not meant to assist......

Words: 1010 - Pages: 5

Premium Essay

Courage and Moral Leadership

...Courage and Moral Leadership 5/16/14 Dr. Alvin Lee Strayer University Analyze the qualities that mirror courage and moral leadership in the leader, and document those qualities (moral traits) as discussed by Daft (2010) (Chapter 6: Courage and Moral Leadership). Martin Luther King, Jr. was the mirror image of a moral and courageous leader. Dr. King upheld his morality principles as well as set examples for his followers. Dr. King had special virtues in which he lived and they was love, courage, hope amongst others. " Love, courage, hope, non conformity, and impatience were embodied in the sit-ins, boycotts, and marches, in which King himself was often a participant" (Rice 2004). Dr. King wanted his followers to be just and kind and to not use oppression as a crutch. Despite being spit on, sprayed with a hose and verbally assaulted he was able to manage frustration and anger and continue his peaceful rally. Dr. King was not one to hold his tongue especially about issues concerning his people. In one instance researchers say " King lamented Negroes' lack of "initiative," lambasted blacks for spending above their means, and expressed no patience with blacks who had "used their oppression as an excuse for mediocrity" (Rice 2004). King was well disciplined and courageous in his efforts. He spoke courage through to his followers to keep them encourage and give them strength. He believed “courage does not entail indifference to danger any more than......

Words: 1727 - Pages: 7

Free Essay

Electronic Surveillance

...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......

Words: 1919 - Pages: 8

Premium Essay

Electronic Surveillance of Employees

...ASSIGNMENT 1: ELECTRONIC SURVEILLANCE OF EMPLOYEES DATE: APRIL 18, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. In accordance with the U.S. Constitution, the right to privacy for employees was granted under the First, Fourth, Fifth, Ninth, and the Fourteenth Amendment. Specifically, the Fourth Amendment guarantees the right of the people to be secure in their persons, hours, papers and effects, against unreasonable searches and seizures of a person or his or her belongings, without first showing probable cause, strong suspicions that a crime was committed, and obtaining an explicit warrant granting permission to conduct a search or seizure. ( It also provides protection for the “reasonable expectations of privacy” of both individual and corporate citizens against unwarranted and unreasonable government searches or seizures. Specific labor laws, regulations and certain rules are automatically granted to employees. Employers have the responsibility to protects privacy interest by avoiding the disclosure of personal matters. The laws that provide/create the right to privacy in employee personnel records, the use and maintenance of employee social security number, employee medical information, and background screenings. Government employees’ rights to privacy are limited and will be evaluated in accordance with a balancing test in which a Judge must decide which counts ore weightily, and employee’s...

Words: 1774 - Pages: 8