Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Topicality Domestic
BEST AGAINST IMMIGRATION
A. Definition
Domestic surveillance is defined by the target---the subject of
surveillance must be U.S. persons
Donohue 6 Laura K. Donohue, Fellow, Center for International Security
and Cooperation, Stanford University, ANGLO-AMERICAN PRIVACY AND
SURVEILLANCE, Journal of Criminal Law & Criminology, Spring, 96 J. Crim. L.
& Criminology 1059, Lexis
5. The Foreign Intelligence Surveillance Act
As the extent of the domestic surveillance operations emerged, Congress
attempted to scale back the Executive's power while leaving some flexibility
to address national security threats. n183 The legislature focused on the
targets of surveillance, limiting a new law to foreign powers, and agents of
foreign powers - which included groups "engaged in international terrorism or
activities in preparation therefor." n184 Congress distinguished between
U.S. and non-U.S. persons, creating tougher standards for the
former. n185
[FOOTNOTE]
n185. The former included citizens and resident aliens, as well
incorporated entities and unincorporated associations with a substantial
number of U.S. persons. Non-U.S. persons qualified as an "agent of a foreign
power" by virtue of membership - e.g., if they were an officer or employee of
a foreign power, or if they participated in an international terrorist
organization. Id. 1801(i). U.S. persons had to engage knowingly in the
collection of intelligence contrary to U.S. interests, the assumption of false
identity for the benefit of a foreign power, and aiding or abetting others to
the same. Id. 1801(b).
[END FOOTNOTE]
The Foreign Intelligence Surveillance Act ("FISA") considered any "acquisition
by an electronic, mechanical, or other surveillance device of the contents of
any wire or radio communication," as well as other means of surveillance,
such as video, to fall under the new restrictions. n186 Central to the statute's
understanding of surveillance was that, by definition, consent had not been
given by the target. Otherwise, the individual would have a reasonable
B. Violation
They curtail foreign, not domestic surveillance, the NSA is a foreign
intelligence agency.
FBI is domestic, NSA is foreign.
Jacob R. Lilly 2013
JD Cornell, 2003 National Security at What Price? A Look into Civil Liberty
Concerns in the Information Age under the USA Patriot Act in Information
Ethics : Privacy, Property, and Power edited by Adam D. Moore, 2013.
ProQuest ebrary.
E. Basic Elements of Electronic Surveillance in the United States
In the U.S. legal system, four basic methods of electronic surveillance exist .
73 These methods are (1) warrants authorizing the interception of
Domestic surveillance within the United States and abroad is carried out by a variety of
federal agencies. The Federal Bureau of Investigation (FBI) is the primary federal agency
responsible for domestic activities, 83 with the National Security Agency (NSA) 84 and
theCentral Intelligence Agency (CIA) 85 forbidden by U.S. law from monitoring domestic
activities and able only to operate outside the United States . 86 All three agencies are
responsible for overseas surveillance, assisted by the Departments of State, Treasury, and Justice. 87
Extension: NSA Directive from the Department of Defense shows that NSA is
foreign
National Security Council Intelligence Directive No. 6 (Department of
Defense)
http://fas.org/irp/doddir/dod/d5100_20.htm
SORT: 5100.20
DOCI: DODD 5100.20
DATE: 19711223
TITL: DODD 5100.20 The National Security Agency and the Central Security Service
December 23, 1971, ASD(I), thru Ch 4, June 24, 1991
I. PURPOSE
II. CONCEPT
A. Subject to the provisions of NSCID No. 6, and the National Security Act
of 1947, as amended, and pursuant to the authorities vested in the
Secretary of Defense, the National Security Agency is a separately
organized agency within the Department of Defense under the direction,
supervision, funding, maintenance and operation of the Secretary of
Defense.
III. DEFINITIONS
4. Censorship.
10, http://blog.tenthamendmentcenter.com/2012/12/battlefield-usa-thedrones-are-coming/
In a US leaked document, Airforce Instruction 14-104, on domestic
surveillance is permitted on US citizens. It defines domestic surveillance as,
any imagery collected by satellite (national or commercial) and airborne
platforms that cover the land areas of the 50 United States, the District of
Columbia, and the territories and possessions of the US, to a 12 nautical mile
seaward limit of these land areas. In the leaked document, legal uses
include: natural disasters, force protection, counter-terrorism, security
vulnerabilities, environmental studies, navigation, and exercises.
D. Voters
Limits---they explode the topic to include all foreign spying and
espionage. There are hundreds of military and specific country Affs,
each with distinct lit bases and advantages---makes in-depth
preparation impossible. foreign surveillance is called spying.
EXTEND VOTERS
The Judge should vote on topicality alone because topicality is the basis of
fairness and education in debate.
Topicality Act
(Ask what Bill means in CX?)
A. Definition:
Act Definition:
Duhaime's Law Dictionary,
(http://www.duhaime.org/LegalDictionary/A/Act.aspx)
a.A bill which has passed through the various legislative steps required for it and
which has become law.
Act Definition 2 :
Dictionary.com (http://dictionary.reference.com/browse/act?s=t )
act [akt] Spell Syllables Synonyms Examples Word Origin noun 1. anything done, being done,
or to be done; deed; performance: a heroic act. 2. the process of doing: caught in the act. 3. a
formal decision, law, or the like, by a legislature, ruler, court, or other authority; decree or edict; statute;
judgment, resolve, or award: an act of Congress. 4. an instrument or document stating something
done or transacted. 5. one of the main divisions of a play or opera: the second act ofHamlet. 6. a
short performance by one or more entertainers, usually part of a variety show or radio or television
program. 7. the personnel of such a group:
Act Definition 3:
Merriam Webster, (http://www.merriam-webster.com/dictionary/act)
act
noun \akt\
: something that is done
Bill Definition:
Dictionary.com (http://dictionary.reference.com/browse/bill)
a statement of money owed for goods or services supplied: He paid the h
otel bill when he checked out. 2. a piece of paper money worth a specifie
d amount: a ten-dollar bill.3. Government. a form or
...
[
ASPEC
Shells
1NC (Long)
1NC (Short)
A. Interpretation and Violationthe aff must specify the
branch of the government they act through in the
plan textthey dont.
B. Thats a voter
1. Groundits critical to our executive,
congressional, and judicial counterplans as well as
disadvantages and case arguments.
2. Educationits impossible to determine whether
the plan is valuable without looking to the branch
of government implementing it
Komesar 94 (Neil professor of law at the University of Wisconsin,
Imperfect Alternatives: Choosing institutions in Law, Economic, and Public
Policy, p. 4-5)
the central issue of constitutional law is the choice of who
decidesthe choices between alternative social decision-makers such as the executive,
the legislature, and the judiciaryand that; therefore, constitutional scholarship would be
For example, one would assume that
replete with sophisticated analyses of these alternatives. In turn, one would assume that, when economic
analysts of the lawusually non-constitutional lawconsider the issue of who decides, theses high priests
of trade-offs and opportunity costs would know that one cannot decide who decides by examining only one
alternative. Yet most constitutional scholars ignore the issue of who decides or treat it with superficial
maxims. And when economic analysts of law address the subject of who decides, they often focus their
attention on the attributes of only one alternative. Constitutional law and the economic approach to law
are important enough aspects of legal study that such anomalies standing alone would justify searching
inquiry. But, in fact, these anomalies are only dramatic examples of a pervasive problem in the analysis of
decisions about
who decides are buried in every law and public policy issue, they often
go unexamined, are treated superficially, or at best, are analyzed in terms of the characteristics of
law and, more generally, of public policy. Although important and controversial
one alterative. Most existing theories of law and public policy focus attention on social goals and values.
The economic approach to legal analysis is cast in terms of a single social goalresource allocation
efficiency. Its critics attack that goal as insufficient both normatively and descriptively, while its
proponents defend its validity. Constitutional law analysis is largely a debate about social goals and values
such as resource allocation efficiency, Rawlsaan justice, or Locken protection of property. Although the
choice among social goals or values is an important ingredient in understanding and evaluating law and
inspection, each social goal bandied about in analyses of law ad public policy is generally consistent with
virtually any law or public policy outcome. In other words, a given goal can be seen as consistent with
liability or no liability, regulation or no regulation constitutional right or no constitutional right. Goal choice
may be necessary to the determination of law and public policy, but it is far from sufficient. A link is
missingan assumption overlookedin analyses that suppose that a given law or public policy result
follow from a given social goal. That missing link is institutional choice. Embedded
in every law and public policy analysis that ostensibly depends solely on goal choice is the judgment, often
unarticulated, that
institution.
Given the goal of protecting property, for example, the case for recognizing a
constitutional right involves the implicit judgment that the adjudicative process protects property better
than the political process. In turn, given the goal of promoting safety, the case for removing tort liability
involves the implicit judgment that the market or government regulations promote safety better than the
adjudicative process. Goal choice and institutional choice are both essential for law and public policy.
They are inextricably related. On the one hand, institutional performance and, therefore, institutional
choice cannot be assessed except against the bench mark of some social goal or set of goals. On the
other, because in the abstract any goal can be consistent with a wide range of public policies ,
the
decision as to who decides determines how a goal shapes public
policy. It is institutional choice that connects goals with their legal or public
policy results.
Prez Powers
Hong Kong DA
1NC
US-Hong Kong ties are jeopardized by surveillance
accusations future revelations can still tip the scales.
Fraser 13 Niall Fraser. [Writer for the South China Morning Post] Hong
Kong-US relations may suffer from Snowden saga. South China Morning Post.
June 24th, 2013. http://www.scmp.com/news/hong-kong/article/1267572/hongkong-us-relations-likely-suffer-edward-snowden-saga
But the ramifications of the city's brief yet hugely public flirtation with the
realities of super-power espionage will be deep and long lasting. The
burning question - an answer to which will only come in time - is, was it United States
blundering or Hong Kong legal smarts that allowed the city and the nation to
walk away from all this relatively unscathed? Clearly, Beijing wanted to keep the situation
at arm's length. But as everyone knows, there tends to be a hand at the end of most arms. Snowden's
departure - two days after he celebrated his 30th birthday in hiding here - gets Hong Kong and Beijing out
The
downside - and again only time will tell if it was a price worth paying - is that relations
between the US and Hong Kong will suffer. Overnight on Saturday, Washington's
of a sticky situation. Crucially, it looks to have placated Hong Kong and mainland public opinion.
message was clear - give us our man or else. After years of close co-operation between the two
jurisdictions, these were harsh sentiments. What came next was equally surprising .
no doubt that they were and it is quite common for government lawyers to seek more information on
surrender or mutual legal assistance requests before the local process can begin. But I'm surprised here."
Jin Canrong , the mainland's leading foreign relations scholar and associate dean of Renmin University's
School of International Relations, said Snowden's departure was ideal for Beijing. " A
territorys chief executive, has called repeatedly for the United States to explain its surveillance activities
here, brushing aside White House criticism that Mr. Snowden was allowed to fly to Moscow despite a
pending American request for his arrest. Snowden
over, Mr. Leung said at a tea with local journalists on Tuesday, the contents of which were confirmed on
Wednesday by the government. The Hong Kong government needs to safeguard the interests of Hong
China is
stepping up charges that Washington is secretly supporting student-led prodemocracy protests in Hong Kong. Warnings against foreign intervention
have been a constant theme in Chinese statements on the former British
colony, but recent commentaries in the official media have raised the level of the rhetoric to such an
extent as to make it appear as though the Hong Kong issue dominates the U.S.China bilateral relationship. Last Friday, the overseas edition of the official Peoples Daily
when the American president is scheduled to visit Beijing for the annual APEC leaders meeting,
newspaper published a front-page article accusing the National Endowment for Democracy, a nonprofit
organization funded by the U.S. government, of involvement in the demonstrations in Hong Kong. The next
day, the papers online edition continued allegations of interference in Hong Kong affairs in a commentary
headlined Why is the U.S. so keen on Color Revolutions? It repeated charges that Louisa Greve, vice
president of NED, had met with key people from Occupy Central, the group that had been threatening for
months to hold protests if China, in its view, did not allow genuine universal suffrage in Hong Kong, with a
broad choice of candidates. The article linked Greve to reports about Tibetan independence and Eastern
Turkistan or Xinjiang. Apparently the meeting with key people took place last April when Martin Lee and
Anson Chan, two prominent advocates of democracy, visited Washington and appeared in an hour-long
public forum moderated by Greve. The State Department has rejected point-blank charges that the U.S.
government was manipulating the activities in any way of any person, any group, or any political party in
Hong Kong. But the Peoples Daily commentary said, It is hardly likely that the U.S. will admit to
manipulating the Occupy Central movement, just as it will not admit to manipulating other anti-China
forces. It turns out that the Peoples Daily was unhappy not only with the U.S. government, but with the
mainstream media as well. The
stories to Hong Kong, with the Oct. 20 issue featuring the 17-year-old student leader Joshua Wong on the
cover. But one can hardly blame the U.S. government for that. The Saturday commentary accused the U.S.
of hypocrisy, saying that while it purported to promote democracy and human rights, in reality it was
simply defending its own strategic interests. It said that, according to U.S. logic, a democratic country is
Council on Friday passed a motion to investigate the Occupy Central movement, including sources of
If China continues to escalate its antiAmerican rhetoric, there is a danger that Hong Kong, which has basically
been a nonissue in the bilateral relationship, will eclipse genuine issues on
the U.S.-China agenda and, possibly, even affect the Obama visit in November. American
funding and whether foreign interference is involved.
unwillingness to overemphasize Hong Kong was evident in September when the U.S. national security
adviser, Susan Rice, visited Beijing and barely raised the issue. Then, when U.S. Secretary of State John
Kerry and Chinese Foreign Minister Wang Yi met Oct. 1, they discussed a plethora of issues, of which Hong
Kong was but one, and certainly not the most important. As the State Department spokesperson put it,
the discussion focused on bilateral issues, especially the forthcoming presidential visit.
Also discussed was a global climate deal in Paris next year. Other issues included Irans
nuclear program, terrorism especially the Islamic State the Ebola outbreak and
human rights. True, Hong Kong was discussed, and Kerry urged Chinese restraint, but it was hardly a
top American priority. In fact, with the midterm elections looming in the U.S., domestic issues dominate
political discussions. China does not figure in any campaign. The U.S. had decided not to allow Hong Kong
is still reasonable foreign and security policy space for the U.S. administration to work within in its dealings
First, North Korea will have a nuclear force that is too small and insufficiently accurate to use for a first
Pyongyang will
likely opt for a countervalue strategy that targets South Korean or Japanese
cities along with U.S. military bases in Japan. If the DPRK is able to improve
its long-range ballistic missiles, the U.S. mainland might be added to the
target list, a serious change in the strategic landscape for Washington.
Second, North Korea will seek to maintain a second strike capability that
ensures a part of its nuclear forces will survive an attack to retaliate. If North
strike that seeks to disarm an adversary through a counterforce strategy. Instead,
Korea chose to deploy its nuclear-tipped missiles on launch pads, these assets would be highly visible and
missiles are liquid-fuel rather than solid-fuel, a significant complication to an LOW posture. However, it is
reasonable to assume North Korea will move toward a solid fuel capability as its program progresses.
Indeed, some reports note that the KN-08 is likely to be a solid-fuel missile making it much easier to launch
since the result could have the same strategic effect for North Korea of taking out its nuclear weapons. If
an attack on North Korea were indeed the start of regime change, North Korean leaders may believe they
have little to lose in using nuclear weapons.
crisis stability.
NSA Circumvention
1NC: Reforms fail the NSA is a rogue agency that cant
be constrained
Glenn Greenwald, 2014, No Place to Hide: Edward Snowden, the NSA,
and the US Surveillance State. p. 130-131, mm
In the wake of our Snowden stories, a group of senators form both parties who had long been concerned
with surveillance abuses began efforts to draft legislation that would impose real limits on the NSAs
Dave Weigel reported in November: Critics of the NSAs bulk data collection and surveillance programs
have never been worried about congressional inaction. Theyve expected Congress to come up with
something that looked like reform but actually codified and excused the practices being exposed and
pilloried. Thats whats always happened
2001 USA Patriot Act has built more back doors than walls . We will be up against a
business-as-usual brigade made up of influential members of the governments intelligence leaderships,
their allies in think tanks [sic] and academia, retired government officials, and sympathetic legislators,
warned Oregon Sen. Ron Wyden last month. Their endgame is ensuring that any surveillance reforms are
only skin-deepPrivacy protections that dont actually protect privacy are not worth the paper theyre
printed on. The fake reform faction was led by Dianna Feinstein, the very senator who is charged with
exercising primary oversight over the NSA. Feinstein has long been a devoted loyalist of the US national
security industry, from her vehement support for the war on Iraq to her steadfast backing of Bush-era NSA
programs. (Her husband, meanwhile, has major stakes in various military contracts). Clearly, Feinstein was
a natural choice to head a committee that claims to carry out oversight over the intelligence community
monitored and assessed regularly by the agency and are to be expected in such a complex program. One
position as any other court when it comes to enforcing [government] compliance with its orders.
One of the core principles of good governance in society is the idea that the authority of law ought
to prevail over the brute power of people i.e., that society should operate under the rule of law ,
not the rule of men. Aristotle wrote that [t]he law ought to be supreme over all ... and argued that ... where the laws are not supreme, there demagogues spring up. The
principle has many important ramifications for society, but the most important is the view that government agents and agencies must be bound by the same law as their
bureaucrat higher up in the government chain, so that he can bury it on his desk. Unfortunately, this is not a new phenomenon. The notion of the rule of law is the
wellspring of an endless stream of hypocrisy in the modern social-democratic welfare-warfare state. It is difficult to find anyone who does not speak highly of the principle
when it is presented in abstract form, yet it is simultaneously rare to find people who really take the idea seriously when applied to concrete situations involving
The collection of metadata and communication content occurs without any probable cause to believe that
that the people targeted are a threat to anyone. It also occurs in violation of the U.S. Constitution and the
already very broad requirements of the Patriot Act, which requires applications for access to records to
have a statement of facts showing that there are reasonable grounds to believe that the [records] sought
governments revelations regarding the NSAs acquisition of Internet transactions mark the third instance
in less than three years in which the government has disclosed a substantial misrepresentation regarding
the scope of a major collection program, and noted repeated inaccurate statements made in the
The initiallypromising USA Freedom Act could have ended the previously secret
government practices of collecting Americans calling records, internet transactional
information and who knows what else in bulk. Todaysversion would allow broad
collection to continue under the guise of reform The initial version of the bill would have reinforced existing statutory language
requiring a showing of relevance to an authorized investigation before agents can get an order requiring production of business records, dialing and routing information, and other data,
and would have added other limits to ensure massive collection would stop. It also would have implemented mild reforms to content surveillance under section 702 of the FISA
Amendments Act, stoppingbackdoorsearches for Americans communications.Last week, aManagersAmendment watered those provisions down, substituting new language that would allow
agents to use a specific selection term as the basis for production. The bill defined specific selection term as something that uniquely describe[s] a person, entity, or account.
theres deep public mistrust for the law itself, since the intelligence communitys
nuanced definitions of normal words have made the public realize that they do not
understand the meaning of words like relevance, collection, bulk, or target.
Additionally, in December of 2013, Deputy Attorney General James Cole testified
before the Senate Judiciary Committee that the NSAmightcontinueitsbulkcollection of
nearly all domestic phone call records, even if the original USA FREEDOM ACT passed
into law. As Iwroteatthetime, this testimony shows that the Administration and the
intelligence community believe they can do whatever they want , regardless of the
laws Congress passes, so long they can convince one of the judges appointed to the secretive Foreign Intelligence Surveillance Court (FISC) to agree. All they
need is some legal hook they can present with a straight face.
This definitional change moved the needle from might
to probably wont end bulk collection under Section 215 of the Patriot Act, the NSL statutes, and
Worse,
the intelligence pen/trap statute, as USA Freedom was proposed to do. The new version also codifies a fishy interpretation of law that enables NSA collection of communications about a
target under section 702 of the FISA Amendments Act. These abouts, as the intelligence community calls them, entail surveillance when Americans talk with friends overseas about
matters of foreign intelligence interest. Since the definition of foreign intelligence information is quite broad, and includes information related to (A) the national defense or the security of
the United States; as well as (B) the conduct of the foreign affairs of the United States, this kind of collection canbequiteinvasive. Technologically, it also means collectionofpurelydomestic
aboutcommunications
No Indo-Pak War
No India-Pakistan war nuclear deterrence checks
Khan 12 (Ikram Ullah, analyst for the South Asian Strategic Stability
Institute, Nuclear Pakistan: Defence Vs Energy Development, 7/26,
http://www.eurasiareview.com/26072012-nuclear-pakistan-defence-vs-energydevelopment-oped/)
nuclear weapons are here to maintain peace and stability between
Pakistan and India. Pakistan was forced to run its nuclear weapon program due to Indias nuclear weapon
program and its hegemonic ambition. Pakistan has long said that its nuclear weapon
program is security driven. While on other hand Indian nuclear weapon program is not security driven,
rather it is based on its regional and global aspirations. The security threats still exist for Pakistan, but due to its
credible nuclear deterrence Pakistan is capable of crushing such threats or plans. In
We must be clear that
the recent past, the tragedy, which many historians remember as the Fall of Dhaka, carries some lessons for us to be
the
nuclear capability of Pakistan deters India from perusing any kind of
learnt. If India could intervene at that time, then it is quite possible it could intervene in Baloachistan. Now
It was also argued that, apparently, there is no harm in the creation of such monitoring centres, especially
since other countries, such as the U.S., are conducting the same type of surveillance, while have enacted
the
army has established an "impenetrable and secure wide area network
senior official in the military headquarters told IANS on condition of anonymity. The official said
exclusively for its functioning". Officials in the 1.3 million force privately admit they are facing "next
generation threats" and are rather worried over the complex world of cyber warfare amid reports of
Chinese and Pakistani spies targeting the Indian military establishment via the internet. Though attacks
from hackers - professional or amateur - can come from anywhere in the world, cyber onslaughts have
been more frequent from China and Pakistan, which have reportedly been peeking into India's sensitive
business, diplomatic and strategic records. As per reports from the cyber industry, China and Pakistan
hackers steal nearly six million files worldwide every day. A report in the US-based Defence Systems
magazine found that there were 25 million new strains of malware created in 2009. That equals a new
strain of malware every 0.79 seconds. The report underlines how the current cyber threat environment is
dramatically changing and becoming more challenging as the clock ticks. Howevever, the Indian army is
in the wake of a significant number of viruses, worms and other forms of malware. To address cyber
defence, which is also under threat from terrorist outfits that have their own trained recruits, officials said
the army frequently upgrades its comprehensive cyber security policy to pro-actively deal with and
anticipate these threats. The force has established the Computer Emergency Response Team (CERT) to
respond to attacks targeting the army's critical systems and infrastructure. Another official said the army
has its own cyber audit process conducted by cyber security personnel. "The audit is conducted in
accordance with established security standards such as ISO 27001. Audit of the network is a continuous
and active process which helps identification and mitigation of vulnerabilities in a network to counter latest
threats as also check the network for cyber security policy compliance," he said. However, the official
admitted there was no room for complacency in times of rapid technological change. " In
the area of
cyber space, the battle between hackers and defenders is an ongoing process,
influenced by latest technological developments. Due to the dynamic nature of threats, the army is
constantly upgrading its network," he said.
2013 witnessed a huge rise in attacks against the banking and financial
services sector. Government establishments also faced such attacks. The firm said there was a
136% increase in cyberthreats and attacks against government organizations and 126%
against financial services organizations in India. India has seen significant
increase in attacks against financials and government, with 34% and 43% of them reporting
cyberthreats and attacks respectively, up from last year's 15% and 19%, the report revealed. "From the ISP
to the enterprise, IT and security teams are facing a dynamic threat landscape and very skilled and patient
adversaries," Matthew Moynahan, president of Arbor Networks, said. "Multi-layered defenses are clearly
needed, but so is a commitment to best practices for people and process," he added. Another report, from
EC-Council Foundation pointed at a major gap in information security threat handling capabilities in India,
thanks mainly to the talent crisis in the country. The report shows talent levels in nine crucial segments of
information security, the implications of which could impact handling of cyberthreats in industries such as
banking and economy, defence, healthcare, information and energy among others. Close to an alarming
75% participants displayed low levels or a lack of skill in error handling, while 73% participants were not
adequately equipped with skills in file handling, the report revealed. Experts have recognized that
malicious file inclusions, malware distribution and distributed denial of service s(DDOS) attacks are known
threats that can arise out of improper file handling and such threats are often used to synchronize attacks
on websites or large networks, the report stated. Anshul Abhang, managing director and chief executive of
enterprise security solutions firm Deltaproactive, told ToI that a malicious attacker now looks for high-value
targets that can benefit him financially. "Hacking is no more a satisfaction game but has become serious
business. The attackers also look for indirect financial benefits by targeting particular organizations'
services and taking it down eventually. Such service outages result in financial loss as well as goodwill and
image loss in the market."
In the absence of appropriate skills development and modernisation of law enforcement agencies of India,
police force are finding it really difficult to solve technology related crimes. Further, cyber security of
sensitive databases like National Identity Cards would also require strong privacy protection and cyber
security compliances.
Hydroelectric projects prone to disaster, may be attacked and create disasters. 'Stuxnet' like malwares
which were introduce in the centrifuge of Iran was one such incidence. NSA's PRISM snooping incidence,
Dropmier, Tempora are such other global surveillance programmes which were operationalised to mine the
data strategic to India. Hackers from different countries like Pakistan and china try to deface the Indian
espionage. Indias efforts to minimize the cyber threat With the rise of India in last some
decades as a global power and emerging economy it attracted global attention and remains
vulnerable with regard to information protection. India's cyber security
architecture as of now do not provide any mass surveillance mechanism with
only few distinguished agencies like RAW, IB get access to such monitoring after the approval. India's effort
include CERT-In (Computer Emergency Response Team- India) which was formed in 2002-03 to create
awareness on cyber threat, understand vulnerabilities and devise ways to mitigate them. National
Technical Response Organization (N'I'R0) was given responsibility of protecting the critical infrastructure
institution and developing offensive capabilities. Amendments to the IT act 2008, raised the level of
awareness about the cyber crimes. It recognizes various ways of cyber attacks and also provides help to
prosecute the cyber criminals. National cyber security policy 2013 was framed to build a secure and
resilient cyber space for government, citizen and business to protect the classified information critical to
India's security. Its features include range of provisions including 24X7 mechanisms to deal with cyber
India is following the path of developing intense surveillance system which not
only monitor the cyber threat to the national security but also seems to compromise the privacy
of its citizen in some cases. The Central Monitoring System (CMS) is an ambitious project that
is required to keep the national security and monitoring under surveillance. It
threats.
would be a centralized mechanism where the telecommunication and internet connections can be
NeTRA (Network Traffic Analysis System) will intercept and examine communication over the internet for
keywords like 'attack', 'blast', 'kill'. It appears to be Indian government first attempt of mass surveillance
rather than individual targets. It will scan the activities over the social networking websites like twitter and
would scan the mails and chat transcript and even the voices in the internet traffic. India's cyber security
has not only to be effectively implemented but also to be redrawn in line with growing cvber crimes.
do all sorts of analytics with it using other data sources," said Joseph DeMarco, former head of the
cybercrime unit in the U.S. attorney's office in New York City. "A data set like this is the gift that keeps on
giving," said DeMarco, a partner at the law firm DeVore & DeMarco.
intelligence via the internet domestically. The Hindu reports that the India government is creating a
centralized mechanism to coordinate and analyze information gathered from internet accounts throughout
Hindu reported, referring to the NCCC. A classified government note that The Hindu obtained explains
the NCCC in this way: The NCCC will collect, integrate and scan [Internet] traffic data from different
gateway routers of major ISPs at a centralised location for analysis, international gateway traffic and
the NCCC will not target individuals but rather will seek to access threats to Indias cyber infrastructure as
a whole. The new system will look for unusual data flow to identify and access cyber threats and not
individual data, NDTV reported, citing unnamed government officials. But the Hindustan Times reports
access actual content, but rather look for patterns in the manner emails, phone calls and SMSes are sent
and delivered. Its unclear how much the NCCC would expand this authority and in which ways, if at all.
One purpose of the NCCC seems to be simply trying to coordinate the different activities of government
agencies tasked with elements of cybersecurity. During a speech last month, Prime Minister Singh briefly
alluded to the then-forthcoming NCCC, We are implementing a national architecture for cyber security
and have taken steps to create an office of a national cyber security coordinator.
defaced by hackers and in another case attempts were made to break into Indian Railway Website.
NCCC is need of the hour and a step in the right direction to address the
shortcoming in the cyber security. 100% FDI allowed in telecom sector In a meeting of the
Therefore,
Department of Policy and Promotion chaired by Prime Minister on July 16, 2013, it was announced that FDI
limit in the telecom sector has been increased to 100%. The earlier limit was 74%. As per latest
announcements, investment up to 49% is allowed to come in through the automatic route and investment
above 49% is required to be brought in through the government route i.e. approval of the Foreign
Investment Promotion Board. PSA view - The announcement is seen as a welcome change. However, the
policy and implementation of these announcement is what is most awaited. The increased limits are set to
bring in billions of investments in this sector. Fresh foreign investments would help catalyze growth and the
process of proliferation in the telecom sector across the country. India set to frame new testing norms for
telecom equipment The Department of Telecommunications with the Department of Electronics & IT and
National Technical Research Organization are all set to frame new testing standards for telecom gear to
shield networks from potential cyber attacks. The Common Criteria Recognition Arrangement (CCRA)
clearance will no longer be enough to certify global telecom gear used in India, announced the National
Security Council Secretariat, the apex agency looking into Indias political, economic and energy and
strategic security concerns. PSA view - CCRA was created ten years back by UK, US, Canada, France,
Germany and the Netherlands, Australia and New Zealand, to define a common process to evaluate
security-sensitive IT & telecom products and an objective to motivate global telecom vendors to find
common processes to reduce equipment certification costs worldwide. But now India has started creating
country-specific telecom gear testing standards and adopting several measures: (i) mobile phone
companies have been mandated to use equipment deemed safe by an authorized testing lab in India
from November 1, 2013; (ii) India is preparing a cyber security framework and a cyber security policy; (iii)
editorial, design, and production staff with a list of over 300 titles a year. Maintaining a strict budget and
publication schedule was a key part of her job.
Helen Cothran has been an English professor and editor of college and high school textbooks. She grew up
in the tiny desert town of Trona, California, and now lives in the San Diego area. When she isnt working at
her job as a copyeditor or writing the Sam Larkin Mystery series, she enjoys triathlon, hiking, and gardening.
Scott Barbour is a published author and an editor of children's books and young adult books. Some of the
published credits of Scott Barbour include Schizophrenia 2007 (Contemporary Issues Companion),
Individual Rights and the Police (Issues on Trial), Writing the Critical Essay: An Opposing Viewpoints Guide
- School Violence (Writing the Critical Essay: An Opposing Viewpoints Guide), and Introducing Issues with
Opposing Viewpoints - Genetic Engineering (Introducing Issues with Opposing Viewpoints).
retaliation. There has not been a single death due to a bio-attack by terrorists .
Casualties from a terrorist chemical attack are almost as rare. Only once has a terrorist group used chemical weapons to deadly effectthe 1995 attack by the
Aum Supreme Truth, a Japanese cult. Even in that case, the attack was more failure than success; 12 people were killed in a crowded Tokyo subway. Had they
used a traditional high explosive, the death toll would have been far greater. Many warned that Aums attack would set off a wave of chemical attacks. That didnt
sweeping new anti-terrorism laws. Defense Secretary Donald Rumsfeld is a little more cautious. He claims that terrorists will eventually acquire such weapons
from countries. What he fails to mention is that no 40 country has ever provided a weapon of mass destruction to a terrorist group. They do not give them to groups
over which they have limited control and which might use the weapons against them later. Too Much Media Hype The media treatment of bio-chem terrorism has
been predictable and regrettable. This is particularly true of television, which cannot resist showing images of gas masks and exploding canisters. The typical story
begins with dire warnings about the consequences of a perfectly executed chemical or biological attack. This is followed by interviews with public health officials
who solemnly declare that the U.S. is unprepared for such an attack. Only at the very end is the viewer told that the risk of such an attack is exceedingly small. By
Journal, October 22, 2001. If bio-chem threats are being hyped, why arent there more voices of caution? There are two reasons. First, there is no cost to being a
Cassandra. If the dire predictions do not come true, the analyst simply can say that we have been lucky. By contrast, the person who suggests that the threats are
overblown is taking a career-threatening risk. One attack even if it fails, even if it employs a household cleaner rather than sarin or anthraxwould be viewed as
having proved the skeptic wrong. There is a second, less obvious reason. There is an unwritten rule among the small fraternity of people who study weapons of
mass destruction. When colleagues engage in 41 hype, many of us will turn a deaf ear rather than publicly contradict them. We tell ourselves that hyping the threat
Today,
bio-chem hype has real consequences. It is needlessly scaring our children. It is
being used to justify a variety of questionable public policy proposals, and worse,
it may actually encourage terrorists to consider these weapons . The Disease of Fear Yes, we should
is the only way to get the attention of the U.S. public and therefore a necessary evil. [The September 11, 2001, terrorist attacks] changed all that.
reduce the danger of a biological or chemical attack. We can improve the public health infrastructure and, in particular, the worldwide monitoring of infectious
disease. We can work on vaccines and techniques to prevent advances in the lab from becoming new weapons. Finally, the Bush administration should reverse
The
infectious disease gripping the U.S. is fear. Left untreated, this disease may have
disastrous consequencesfor public policy, for the economy and for our daily
lives and the lives of our children
course and support the chemical weapons and the biological weapons treaties, which aim to reduce the risks of biological and chemical warfare.
* keep in mind the last part, if you can trip up the negative into wasting time
because they werent listening well enough to ask why we talked about an
infectious disease (fear), it will be easily batted aside and give us an advantage*
weapons can take days or weeks to have full effect, during which time they
can be countered with medical and civil defense measures . And their impact
is very difficult to predict; in combat situations they may spread back onto
the attacker. In the judgment of two careful analysts, delivering microbes
and toxins over a wide area in the form most suitable for inflicting mass
casualtiesas an aerosol that can be inhaledrequires a delivery system
whose development "would outstrip the technical capabilities of all but the
most sophisticated terrorist" Even then effective dispersal could easily be
disrupted by unfavorable environmental and meteorological conditions ."
After assessing, and stressing, the difficulties a nonstate entity would find
in obtaining, handling, growing, storing, processing, and dispersing lethal
pathogens effectively, biological weapons expert Milton Leitenberg
compares his conclusions with glib pronouncements in the press about
how biological attacks can be pulled off by anyone with "a little training and
a few glass jars," or how it would be "about as difficult as producing beer."
He sardonically concludes, "The less the commentator seems to know
about biological warfare the easier he seems to think the task is .""
produce deadly pathogens and toxins, however, neither has caused any
casualties with such weapons, let alone developed a weapon capable of
causing mass casualties. The failures experienced by these groups
illustrate the significant hurdles that terrorists face in progressing beyond
crude weapons suitable for assassination and the contamination of food
supplies to biological weapons based on aerosol dissemination technology
that are capable of causing mass casualties. 88
movement has been aided by gear that can turn a backyard shed into a
microbiology lab. That has prompted the Federal Bureau of Investigation to
reach out to amateur biologists, teaching them proper security measures
Those fears reached fever pitch in the months after the World Trade Center
was downed, when anthrax-filled mail killed five people and prompted panic.
That's when Washington started boosting spending on biodefense, improving security
at laboratories that work with dangerous pathogens and stockpiling antidotes. Last
fall, President Barack Obama ordered the creation of a bioethics commission, and
the group spent much of its first meeting parsing the threat of biological terrorism.
He also issued an executive order earlier this month to beef up security for
the most dangerous pathogens, which include anthrax, ebola, tularensis,
smallpox and the reconstructed 1918 Spanish flu bug. Both houses of Congress
have legislation in the works to strengthen the country's ability to detect ,
prevent and, if necessary, recover from large-scale attacks using bioweapons .
All the government attention comes despite the absence of known terrorist
plots involving biological weapons. According to U.S. counterterrorism officials,
al Qaeda last actively tried to work with bioweapons specifically anthrax
before the 2001 invasion of that uprooted its leadership from Afghanistan. While
terrorists have on occasion used chemical weaponssuch as chlorine and
sarin gasnone have yet employed a biological agent, counterterrorism officials
and bioweapons researchers say. The U.S. anthrax attacks were ultimately
blamed on a U.S. scientist with access to military bioweapons programs.
That's why many experts caution that, despite scientific advances, it is still
exceedingly tough for terrorists to isolate or create, mass produce and
deploy deadly bugs. Tens of thousands of Soviet scientists spent decades
trying to weaponize pathogens, with mixed results. Though science has
advanced greatly since the Cold War, many of the same challenges remain . "I don't
think the threat is growing, but quite the opposite," said Milton Leitenberg, a
biological-weapons expert at the Center for International and Security Studies at
the University of Maryland. Advances in biological science and the proliferation of
knowledge are a given, he said, but there has been no indication they are
being used by terrorists. "The idea that four guys in a cave are going to
create bioweapons from scratchthat will be never, ever, ever ," he said.
Properly developed and deployed, biological weapons could indeed, if thus far only in
theory, kill hundreds of thousands, perhaps even millions of people. The discussion
STRATFOR has repeatedly pointed out that chemical and biological weapons are
Despite the concern of many scientists, some bioweapons experts say the
fears are overblown. In a book last year, Assessing the Biological Weapons and
Bioterrorism Threat, Milton Leitenberg, a biowarfare expert at the University of
Maryland, College Park, wrote that the threat of bioterror "has been
systematically and deliberately exaggerated" by an "edifice" of governmentfunded institutes and experts who run programs and conferences. Germ
weapons need to be carefully cultured, transported, stored and effectively
disseminated, said Raymond Zilinskas, a policy expert and biologist at the Center
for Nonproliferation Studies. Groups like al-Qaida and Japan's Aum Shinrikyo
attempted, and abandoned, efforts to make germ weapons because the task
was too difficult.
The threat posed by chemical and biological weapons has often been
misrepresented. While manufacturing chemical agents or obtaining biological
agents is not particularly difficult, it is not easy, and using these agents to
cause mass casualty is extremely difficult. In order to cause mass casualty it is
necessary to take into account the lethality of an agent, its concentration,
environmental factors, and resistance of the population. Even more difficult is to
combine all of these factors with an effective method of dispersal . All of the
organizations