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JuanPaoloFajardoSecondEssay 6 - 15 Jan 2016 - Main.JuanPaoloFajardo
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | When Smith was promulgated in 1979, the idea of metadata collection was limited in terms of subject, breadth and purpose. In fact, the constitutionality of the pen register installation was adjudicated in the context of a criminal investigation of a suspected robber and the information obtained was limited to telephone numbers. Fast-forward to 2013, Mr. Snowden’s disclosures have painted a different view of metadata collection. Now, U.S. surveillance efforts involve the broad collection of bulk telephony metadata from millions of users stored in the servers of the world’s largest technology companies, unrelated to the investigation of any specific person or any specific crime. | |
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< | According to the Foreign Intelligence Surveillance Court, the volume of metadata records currently being acquired by the U.S. government does not alter the Supreme Court’s conclusion in Smith. From the front-end, yes, the volume of metadata collection doesn’t change the nature of metadata as understood by the court in Smith. However, at the back-end, what the U.S. government does with bulk metadata necessitates a change in judicial perspective. | >
> | According to the Foreign Intelligence Surveillance Court, the volume of metadata records currently being acquired by the U.S. government does not alter the Supreme Court’s conclusion in Smith. From the front-end, yes, the volume of metadata collection doesn’t change the nature of metadata as understood by the court in Smith. However, at the back-end, what the U.S. government does with bulk metadata necessitates a change in judicial perspective. | | | After the U.S. government acquires bulk metadata from TTCs, it subjects this information to various Big Data processes that allows it to “search, aggregate and cross-reference large data sets” with the hope of unearthing “actionable data” for “national security and policing purposes”. Through this aggregation, bulk metadata can “reveal who we are, who we know, what we do and care about and plan to do next”. It can even “reveal things that we never intentionally communicated at all.” An example of the U.S. government’s Big Data practice is the PRISM program which allows the NSA direct access to the servers of companies such as Apple, Facebook, Google, Microsoft, Skype, Yahoo, and YouTube? . | |
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< | With Big Data practices driving the back-end of the U.S. government’s bulk metadata collection, surveillance activities can now unearth information that falls outside the category of communications content, but nevertheless intrudes into reasonable zones of privacy that may require further protection of the courts. The problem is that current jurisprudence is merely concerned with whether the acquisition of metadata is permissible under the Fourth Amendment. It never considered the nature of the information metadata generates when aggregated. While it is simply a matter of time and judicial willingness (See Justice Sotomayor's concurring opinion in U.S. v. Jones) before the privacy implications of bulk metadata collection is directly addressed by the courts, this gaping jurisprudential hole begs the question: How do we protect our privacy in the meantime? | >
> | With Big Data practices driving the back-end of the U.S. government’s bulk metadata collection, surveillance activities can now unearth information that falls outside the category of communications content, but nevertheless intrudes into reasonable zones of privacy that may require further protection of the courts. The problem is that current jurisprudence is merely concerned with whether the acquisition of metadata is permissible under the Fourth Amendment. It never considered the nature of the information metadata generates when aggregated. While it is simply a matter of time and judicial willingness before the privacy implications of bulk metadata collection is directly addressed by the courts (See Justice Sotomayor's concurring opinion in U.S. v. Jones), this gaping jurisprudential hole begs the question: How do we protect our privacy in the meantime? | | |
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. |
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