NSA/FISA
Following the terrorist attacks of September 11, 2001 there has been a significant effort to protect America from any further terrorist attacks. The purpose of this discussion is to examine the U.S. National Security Agency's ability to identify and monitor the communications of terrorists and prevent terrorism from occuring. The research will also investigate how the implications of employing these techniques for foreign intelligence surveillance suggests that the Foreign Intelligence Surveillance Act ("FISA") is inadequate in addressing recent technological developments. These developments include the transition from circuit-based to packet-based communications; the globalization of communications infrastructure; and the development of automated monitoring techniques, including data mining and traffic analysis. The research will also focus on how FISA is challenged by technological developments.
The Monitoring of Communications
The National Security agency was created to "protect U.S. national security systems and to produce foreign signals intelligence information." The strategic plan of the agency is to control cryptology throughout the world; maintain a network of systems, sensors, information and people throughout the world, ensure the safety of America's security systems and to advantageously utilize relationships with academia, industry, foreign partners and government (NSA/CSS Strategic Plan, 2009).
One of the ways in which the National security agency is able to carry out the aforementioned responsibilities is to monitor communications and identify terrorists before they commit terrorist crimes. The NSA has the ability to monitor both public and private comminications. This includes telephones, internet communications, mobile phones. The U.S. National Security Agency was supported greatly by the Bush administration as it pertained to having the ability to monitor communication amongst terrorists throughout the world.
In recent years the NSA has endured a great deal of controversy. This controversy existed because the monitoring of communications by the agency has changed over the years to include a greater amount of surveillance of domestic communications. Not only was it changed, but the Bush administration did not make American's aware of such changes until some three years after the changes went into effect.
An article in the New York Times published in 2008 explains,
Months after the Sept. 11 attacks, President Bush secretly authorized the National Security...
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