Govt Secrecy & National Security Fall 23
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Dec 6, 2023
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Reading/Viewing Questions: The Benefits & Perils of Government Secrecy for Protecting National Security 1)
In the chapter “Government Surveillance and Control,” Bruce Schneier distinguishes” government-on-government espionage” from “government-on-population surveillance.”
a)
Why does Schneier believe that developments in communication technology have increased the amount of “government-on-population surveillance” taking place both in the United States and abroad? According to Bruce Schneier, advances in communication technology have increased the amount of "government-on-population surveillance" since these technologies give governments with new and more efficient methods for gathering and analyzing data on their populations. The digitalization of communication, smartphone ubiquity, and the internet have made it easier for governments to monitor people's activities, communications, and online activity on a large scale. The development of digital data and the ability to analyze it quickly is driving this enhanced surveillance capacity, making it more viable for governments to gather and store massive amounts of information about their citizens.
b)
Does “government-on-government espionage” disturb you less, more, or the same as “government-on-population surveillance”? Provide at least one example to illustrate.
Individuals may differ in their assessment of whether "government-on-government espionage" or "government-on-population surveillance" is more troubling. The term "government-on-government espionage" refers to intelligence organizations spying on other countries to collect information about national security, diplomacy, or military concerns. Some may regard this conduct as less distressing because it serves legitimate national purposes, like as defending a country's security or furthering its foreign policy objectives. During the Cold War, for example, espionage helped prevent nuclear wars between superpowers. In contrast, "government-on-population surveillance" entails mass surveillance
of a government's own citizenry, often without their knowledge or agreement. This raises worries about privacy, civil liberties, and power abuse. One example is Edward Snowden's revelations regarding the NSA's mass surveillance programs, which collected enormous amounts of data on American residents without warrants, raising concerns about the balance between national security and individual liberties.
2)
According to Bruce Schneier, in the early 1990’s the FBI “lobbied Congress hard and got a law passed in1994 call the Communications Assistance for Law Enforcement Act, or CALEA, requiring telephone companies to re-engineer their digital switches to have eavesdropping capabilities built in.” (83) As Schneier explains, there is now a public debate going on in the United States about whether CALEA should be updated to apply to all communications systems (Note: CALEA has not yet been updated).
a)
After reading former FBI director James Comey’s arguments for why CALEA should be updated, describe your position on this issue. Do you believe that CALEA should modified by Congress to make it easier for Law Enforcement to access information stored on all communications systems? (
be specific about your reasons for and/ or against these proposed modifications
)
The justifications for modernizing CALEA presented by James Comey center on making it simpler for law enforcement to access information held on any communication channels, including encrypted communication platforms.
Arguments for upgrading CALEA include:
-
Supporters claim that upgrading CALEA will allow law enforcement agencies to access critical information for investigations and counterterrorism efforts, particularly when criminals and terrorists utilize encrypted communication systems.
Arguments against upgrading CALEA include the following:
Concerns about privacy:
Critics claim that changing CALEA will violate people's private rights and weaken encryption standards, thereby exposing personal and sensitive information to hackers and government eavesdropping. Security risks:
There are many backdoors or weaknesses for law enforcement access, some argue, might be exploited by bad actors, compromising overall cybersecurity.
Balance act:
There needs to be a balance between national security and private privacy. Finding the correct balance is difficult, and decisions should consider the potential repercussions for both.
3)
In the film Secrecy
, secrecy is presented as having the potential to both compromise and enhance national security. a)
How can secrecy make a nation more secure? (
use specific examples from the film to support your answer
).
Secrecy can improve national security by doing the following:
-
Secrecy helps secure secret military, intelligence, and diplomatic material, preventing adversaries from obtaining access to important data that could jeopardize national security. Keeping nuclear launch codes, for example, private limits illegal access and potential threats.
Ensure operational security:
Secrecy is critical for protecting intelligence agencies' and the military's methods and tactics, allowing them to carry out covert operations successfully and
preserve national interests.
b)
How can secrecy make a nation less secure? (
use specific examples from the film to support your answer
).
Secrecy may jeopardize a country's security by:
-
Excessive secrecy can obstruct public monitoring and accountability of government acts,
potentially leading to abuses of authority and violations of civil freedoms. The video, for
example, covers the CIA's use of torture at black sites, which remained covert and resulted in international outrage when revealed.
-
Excessive secrecy in international relations can weaken trust between states and stymie diplomatic efforts, making it difficult to negotiate treaties and resolve crises peacefully.
c)
Two weeks ago, we discussed Daniel Solove’s critique of the “secrecy paradigm.” Do you see any examples in this film of the ‘secrecy paradigm’ in action? If so, are any of the negative impacts that Solove associates with this paradigm apparent? If you do not believe Solove’s analysis applies when we are talking about national security, explain why not (
Note: although you are not required to do so, you may wish to include a brief discussion of the current Department of Justice’s investigation of former President Trump for illegally
taking/storing classified documents at the end of your response to this question. Do you believe that Trump’s possession of these documents should result in criminal charges? Or, is this investigation “much ado about nothing” and yet another example of a misplaced adherence to an outdated “secrecy paradigm”?
)
According to Daniel Solove's "secrecy paradigm" argument, excessive government secrecy can lead to undesirable outcomes such as a lack of monitoring, accountability, and potential abuses. In the video, examples such as the CIA's use of torture and the withholding of facts linked to national security show the damaging effects of excessive secrecy. In the instance of
the Department of Justice's investigation into former President Trump's illegal taking/storage
of secret materials, whether charges should be filed is determined by the facts and legal considerations of the case. Rather than a blanket condemnation of secrecy, the decision should be based on the merits of the investigation and applicable legislation. National security concerns and classified information protection are critical, but they must be balanced with the rule of law and accountability.
4)
Many of the themes in the Secrecy
film center around the tensions that have arisen between a free press and national security.
a)
How can a free press make a nation more
secure? (
use specific examples from the film to support your answer
)
A free press can help a country's security by:
-
Investigative journalism may unearth government misbehavior, corruption, and abuses of power, holding authorities accountable and improving democratic institutions.
-
A watchful press acts as a check on government actions, ensuring that policies and decisions are in the best interests of the people and the nation.
-
A well-informed population may make better decisions concerning national security concerns, encouraging public debate and participation in crucial issues.
b)
How can a free press endanger
national security? (
use specific examples from the film to support your answer
)
A free press can jeopardize national security by doing the following:
-
Reckless or negligent reporting might expose classified or sensitive information, endangering national security, jeopardizing ongoing operations, or compromising intelligence sources.
-
Premature or extensive reporting about military operations or intelligence activities can disrupt plans and weaken their effectiveness, potentially putting people's lives at danger.
-
Sensationalist reporting on security risks can inspire public anxiety and panic, leading to illogical responses and potentially disruptive events.
c)
Responding to reactions to his very first solo press conference, President Trump sent the following tweet “The FAKE NEWS media (failing@nytimes, @NBCNews, @ABC, @CBS,
@CNN) is not my enemy it is the enemy of the American People!” Reflecting on what has occurred since he lost the election, discuss the impact (if any) that President Trump’s characterization of the “the FAKE NEWS media” as the “enemy of the American People” has had on the role that the Media plays in making our country more or less secure?
I believe the “FAKE NEWS” tweet has had the people of America less secure and has lost trust for Donald Trump. The president's repeated attacks on the mainstream media as "fake
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news" have damaged trust in normal news channels. Because a well-informed and engaged public relies on reputable sources of information, the erosion of confidence can have a severe impact on national security. When a sizable section of the population distrusts major news organizations, communicating critical national security information to the public becomes increasingly difficult.