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SURVEILLANCE
TOPIC
Rich Edwards
Baylor University
2015-16 National Policy Topic
BROAD PRESIDENTIAL
POWER TO DEFEND THE
NATION
IS VITAL
John Eastman,
(Prof., Law, Chapman U.),
SOUSVEILLANCE IS THE
PROPER RESPONSE TO
SURVEILLANCE
David Brin, (Ph.D.,
Physics, U. California, San
Diego), DOMESTIC
SURVEILLANCE, 2015, 73.
Those who deride
sousveillance as utopian
ignore one fact: Its what
already worked. The great
enlightenment method of
reciprocal accountability
and adversarially
determined truth
leveling the playing field
by pitting elites against
People will act as they wish regardless of the number of cameras pointed at them. The
thousands of surveillance cameras in London and New York City do not deter the
eccentric and avant-garde. Today, the example of reality television suggests that there
may even be a positive correlation between the number of cameras and observers
watching subjects and their willingness to act strangely and relinquish all pretensions of
dignity. There is no empirical reason to believe that awareness of surveillance limits the
imagination or stifles creativity in a market economy in an open, non-totalitarian state.
Synopticon Is a Better
Metaphor
Jack Goldsmith, (Prof., Law, Harvard Law School), POWER
AND CONSTRAINT, 2012, 206. The direction of the
panopticon can be reversed, however, creating a
synopticon in which many can watch one, including
the government. . . . This new media content can be
broadcast on the Internet and through other channels to
give citizens synoptical power over the government a
power that some describe as sousveillance (watching
from below). These and related forms of watching can
have a disciplining effect on government akin to Brins
reciprocal transparency.
Surveillance Also
Protects
Lolita Buckner-Inniss, (Prof., Law, Cleveland-Marshall
College of Law), VIDEO SURVEILLANCE AS WHITE
WITNESSES, Sept. 30, 2012. http
://innissfls.blogspot.com/2012/09/video-surveillance-aswhite-witnesses.html
. Contemporary video surveillance video fulfills a similar
valorizing function for people who would be little likely
to be believed in a battle of divergent recollections. This
is perhaps nowhere more clear than in the case of video
surveillance in retail stores. While the presence of such
technology may upset some people, I am oddly
comforted by it. Fairly often I am the object of close
human observation when I enter such stores. I am, more
often than I care to acknowledge (it is embarrassing,
really) followed by store security or subjected to
Mass Surveillance Is an
Alternative to Racial Profiling
Caren Morrison, (Prof., Law, Georgia State U.), JOURNAL
OF CIVIL RIGHTS AND ECONOMIC DEVELOPMENT, Winter
2015, 761-762. If everyone were equally surveilled, it
might achieve what Randall Kennedy suggested some
years ago: rather than burdening particular individuals
with a "racial tax," universal surveillance would increase
taxes across the board. It is the same argument that can
be made in favor of police checkpoints - everyone is a
little bit inconvenienced so that a few don't have to be
singled out and bear the burden for everyone else.
SURVEILLANCE ESSENTIAL
TO STOP CYBER ATTACKS
Nirode Mohanty, (Associate Editor,
International Journal in
Telecommunications and
Networking), RADICALISM IN ISLAM:
RESURGENCE AND RAMIFICATIONS,
2012, 409. In cyberattacks, damage
can range from an individual
computer malfunctioning, to
distorting an entire countrys cell
phone networks, jamming
espionage, communications, and
navigational satellites, or crashing
its electrical grid or air traffic control
systems. In terms of human and
ATTACK IS LIKELY
Roland Heickero, (Prof., Swedish National Defense
College), THE DARK SIDES OF THE INTERNET: ON
CYBER THREATS AND INFORMATION WARFARE, 2013,
13. In a 2003 intelligence report on cyber defence by
the U.S. Navy the following estimate was done: A
group of some thirty hackers, strategically located and
with a budget of less than 10 million U.S. dollars,
could shut down large parts of the critical
infrastructure in the United States in a well coordinated attack.
MASS PANIC
Shane Harris, (Fellow, New America Foundation),
@WAR: THE RISE OF THE MILITARY-INTERNET
COMPLEX, 2014, 141. [Bush adm. Aid, John Mcconnell,
discussing a cyber terror attack]: The trillions of
dollars that sloshed around the world every day did so
through computer networks. The money was really
just data. It was balances in accounts. A distributed
network of electronic ledgers that kept track of who
bought and sold what, who moved money where, and
to whom. Corrupt just a portion of that information, or
destroy it, and mass panic would ensue, McConnell
said. Whole economies could collapse just for lack of
DRUG SURVEILLANCE
ESSENTIAL TO STOP
TERRORISM
Paul Stockton, (U.S. Undersecretary
of Defense for Homeland Security),
BOOTS ON THE GROUND OR EYES IN
THE SKY, House Hrg., Apr. 17, 2012,
8. Drug trafficking and related
transnational organized crime
presents a significant threat to our
Nation. The movement of large
amounts of drugs across our borders
is the most immediate concern, but
the potential for these drug
smuggling networks to be used for
infiltrating terrorists and weapons of
mass destruction cannot be
FINANCIAL SURVEILLANCE
IS ESSENTIAL TO STOP
TERRORISM
Adam Wallwork, (JD, U. of Chicago
Law School), SOUTHERN
UNIVERSITY LAW REVIEW, Fall
2013, 3. Combating terrorist
financing is an essential element
of United States and global
counterterrorism efforts.
International terrorist networks
require funds to support their
infrastructures. It takes money to
recruit and train terrorists, procure
weapons and safe-houses, pay for
travel, support families of so-called
"martyrs," issue propaganda, and
BORDER ENFORCEMENT
ESSENTIAL TO
IMMIGRATION REFORM
Daniel Morales, (Prof., Law,
DePaul U. College of Law),
NORTHWESTERN
UNIVERSITY LAW REVIEW
COLLOQUY, July 2013, 36.
Comprehensive immigration
reform law will emerge--if at
all--from the following
bargain: conservatives will
agree to legalize millions of
"illegal" immigrants in
exchange for liberals'
agreement to more robust
TOPICALITY
ARGUMENTS
Rich Edwards
Baylor University
2015-16 National Policy Topic
Likely Topicality
Arguments
Substantially means more than 25% of the
U.S. population
Substantially means without material
qualification
Curtail does not mean abolition
Curtail does not mean self-restraint
Its means the U.S. federal government,
not local police or state welfare agencies
Domestic means not foreign
Surveillance is not supervision
Surveillance watches people, not programs
or resources
CASE RESPONSES
TO PARTICULAR
AFFIRMATIVE CASES
Rich Edwards
Baylor University
2015-16 National Policy Topic
Resolved: The United States federal
government should substantially curtail its
domestic surveillance.
FISA COURT
REFORM
BULK COLLECTION
John Inglis, (Dir., National Security
Agency), STRENGTHENING
PRIVACY RIGHTS AND NATIONAL
SECURITY: OVERSIGHT OF FISA
SURVEILLANCE PROGRAMS,
Senate Judiciary Comm. Hearing,
July 31, 2013, 55. In simple terms,
you are looking for a needle, in
this case a number, in a haystack.
But not just any number. You want
to make a focused query against
a body of data that returns only
those numbers that are
connected to the one you have
reasonable suspicion is connected
to a terrorist group. But unless
you have the haystack in this
case all the records of who called
BIG DATA
Daniel Castro, (Dir., Center for Data
Innovation), BIG DATA STUDY, Mar. 31,
2014, 5.
Fundamentally, data analysis helps people
and organizations make better decisions. In
the private sector, these decisions may
take the form of a company buying from
one vendor instead of another, a farmer
planting at a particular place and time, or a
person at home choosing to bring an
umbrella on an outing. Key decisions in the
government that can be aided with data
analysis include determining which
programs to cut, which companies to audit,
and which business processes to
implement. Government has an important
role to play in encouraging big data use in
fields including health care, education,
FBI INFORMANTS
Beau Barnes, (JD Candidate, Boston U.
Paul Sperry, (Former
School of Law), BOSTON UNIVERSITY LAW
Washington Bureau
REVIEW, Oct. 2012, 1636. The
Chief), INVESTORS
effectiveness of confidential informants in
BUSINESS DAILY, Feb.
homegrown terrorism investigations is
20, 2015, A15. Between
borne out by statistics. One study found
2010 and 2013, the
that approximately sixty-two percent of the
Obama administration
prosecutions in the fifty highest profile
imported almost
300,000 new immigrants terrorist plots since 2001 relied on
confidential informants. Another study
from Muslim nations
examined eighty-nine thwarted domestic
terrorist plots, finding that sixty-six "were
prevented at least in part as a result of the
work of undercover agents and informants,
or tips from the public." Approximately fifty
percent of terrorism prosecutions since
2009 have involved informants.
BORDER
SURVEILLANCE
DRONE
SURVEILLANCE
Chris Schlag, (JD Candidate),
UNIVERSITY OF PITTSBURGH JOURNAL
OF TECHNOLOGY LAW & POLICY, Spr.
2013, 7-8. Drone surveillance features
include technologies such as
automated object detection, GPS
surveillance, gigapixel cameras, and
enhanced image resolution. Due to its
relative cost effectiveness, drone
aerial surveillance has quickly become
the most efficient tool for monitoring
livestock movements, mapping wildlife
habitats, maintaining property
security, performing road patrols, and
combating piracy, among others.
CYBER ATTACKS
Nichol Perlroth, (Staff), NEW YORK TIMES,
Sept. 5, 2013. Retrieved Feb. 13, 2015 from
http://www.nytimes.com/2013/09/06/us/nsafoils-much-internet-encryption.html?
pagewanted=all&_r=0. The N.S.A., which
has specialized in code-breaking since its
creation in 1952, sees that task as essential
to its mission. If it cannot decipher the
messages of terrorists, foreign spies and
other adversaries, the United States will be
at serious risk, agency officials say. Just in
recent weeks, the Obama administration
has called on the intelligence agencies for
details of communications by leaders of Al
Qaeda about a terrorist plot and of Syrian
officials messages about the chemical
weapons attack outside Damascus. If such
communications can be hidden by
GEOLOCATION
SURVEILLANCE
Stephanie Pell, (Prof., Cyber
Ethics, U.S. Military Academy at
West Points Cyber Institute),
HARVARD JOURNAL OF LAW &
TECHNOLOGY, Fall 2014, 54.
Passive interception technology
that once cost tens of thousands
of dollars can now be built at
home for as little as $15.
Similarly, whereas cellular
interception was once a black art
practiced by those in the
intelligence community, today,
FAMILIAL DNA
Colin McFerrin, (JD Candidate,
Texas Wesleyan School of Law),
TEXAS WESLEYAN LAW REVIEW,
Spr. 2013, 973. The cases of the
Bind, Torture, Kill (BTK)
serial killer and the Grim
Sleeper killer are two prolific
examples of law enforcement
and prosecutors using DNA
evidence to identify and
eventually convict suspects. In
both cases, however, law
enforcement identified their
suspects using familial
searching.
CENSUS
SURVEILLANCE
WELFARE
SURVEILLANCE
Michelle Gilman, (Prof.,
Law, U. Baltimore School
of Law), BROOKLYN LAW
REVIEW, Summer 2012,
1391. Welfare
administration is highly
devolved in that states
and localities have great
discretion in how they
structure their welfare
programs.
IRS SURVEILLANCE
U.S. Internal Revenue Service, Restriction of
Political Campaign Intervention by Section
501(c)(3) Tax-Exempt Organizations, Jan. 6,
2016.
http://www.irs.gov/Charities-&-Non-Profits/CharitableOrganizations/The-Restriction-of-Political-Campaign-In
tervention-by-Section-501%28c%29%283%29-Tax-ExemptOrganizations.
EDUCATIONAL
SURVEILLANCE
Bill Hammond, (Staff), NEW YORK DAILY
NEWS, July 9, 2014, 28. Channeling Tea
Party paranoia, [Rob Astorino] frames the
whole thing as a Washington plot: "You
can't tell me it's not the federal
government's long arm into education,
here. It truly is." No, it truly is not. In fact,
the Common Core was created by officials
from 48 states - through the National
Governors Association and the Council of
Chief State School Officers. Microsoft
tycoon Bill Gates supported the project,
financially and politically. But committees
of educators and experts did the nitty-
MUSLIM CHARITIES
Sam Adelsberg, (JD Candidate), HARVARD
NATIONAL SECURITY JOURNAL, 2013, 288.
While Humanitarian Law Project highlighted
the government's broad authority to
prosecute under the material support
statute, a survey of cases filed against
defendants who have allegedly provided
material support to foreign terrorist
organizations suggests that the
government does not pursue all individuals
within the reach of this statute. Instead, the
general pattern of prosecution indicates
that the government typically targets
individuals who satisfy three more
restrictive criteria: (1) they provide direct,
often physical, support to terrorist activity;
DRUG
SURVEILLANCE
SURVEILLANCE OF
ATTORNEY-CLIENT
CONTACT
http://michellemalkin.com/2014/02/07/the-lefts-valentine-to-defiant-jihad-enable
r-lynne-stewart/
. Stewart was convicted in 2005 of helping terrorist Omar