Cyber Intelligence and Privacy Breach - Essay Example

Cyber Intelligence and Privacy breach Brief Background: National Security Agency works for the purpose of identifying and mitigating the threats faced in terms of terrorist activities. It largely observes and conducts surveillance activities on online traffic and via phone calls recording. This has led to questioning with regard to its working and the limits it must define ensuring the protection of privacy and civil rights of American citizen. The pertinent question is to ensure maximum security, and at the same time ensure that the privacy is not breached. Court’s ruling: Owing to this concern, number of citizens moved the court with regard to the activities of N.S.A. the pleas presented were based on the fact that privacy is being eroded. Federal Court was moved in this regard in order to assess and specify the limits and scope of their working and check the nature of questions presented before the jury. By the end of the hearing, the court announced that the practices of National Security Agency did not violate any major civil rights or privacy rules majorly (LIPTAK). Prior to the recent ruling, a former case undertaken with this regard assessed the scenario and termed the working of N.S.A as obstructing the privacy and basic rights of ordinary citizens. N.S.A’s mission and vision statement: Global Crypto logic Dominance through Responsive Presence and Network advantage. Values: “We will Protect national security interests by adhering to the highest standards of behavior” The set of recommendations have come forth on account of response to the concerns expressed by Jeff Jarvis in a further response to the findings and decision made by the Federal Court (Jarvis). In one of the proceedings and case result the court termed the activities of N.S.A as that of one leading the country towards a totalitarian state outlook with no private life protection and privacy respect. In order and effort to make up for the concerns of number of citizens, a ten point recommendation plan has been suggested with aims of providing the N.S.A a working mechanism which will allow for a more transparent, efficient and little controversial working mechanism with regard to privacy and public personal life (Brand). For the purpose a Board has been brought into force with regard to the working of the N.S.A and possible definition of its scope and privacy breach protection. These recommendations include the following: Redefinition of targeting criteria: The board advised the N.S.A for a possible redefinition of the identifying and then targeting a particular suspect action or individual. This will allow for a better understanding of the scenario with regard to the privacy protection. This part of recommendation largely pertains to the cooperation with the foreign security agencies and the American citizens monitoring who may be outside the American soil. This particular recommendation dealt predominantly with Section 702 which largely pertains to the Non American citizens and focusing on how to go about serving the job and extracting valuable information. The second recommendation will further help channelizing the working of N.S.A and this primarily deals with the domestic cases. The United States practices provide sufficient guidelines with regard to the working operational procedures of F.B.I. This particular recommendation is for the purpose of ensuring that each action so undertaken by F.B.I is under the pre defined guidelines and standard operating procedures of investigation. Properly re formulating the F.B.I’ procedures of minimization will allow for a better working mechanism allowing for more participation and little resistance from the citizens as well as the courts with regard to the investigating and intelligence agencies operations. This particular recommendation will allow for properly defining and restructuring the manner in which the information is obtained from a potential suspect. The next recommendation put forth is that of N.S.A and C.I.A collaboration with regard to identification of U.S personnel. Based on this, the formal and pre defined written methods of engagement and data extraction will allow for smooth operations and as a result agreement by the courts and citizens with regard to the overall nature of intelligence activities. The next recommendation provided pertains to the F.I.S.A Role and sample papers usage and distribution which will allow for understanding the manner in which the operations are undertaken and how the documentation work is completed. Another recommendation put forth deals with the certification orders under Section 702. The FISA court’s requirements must be fulfilled and this can be done so through the following of the certifications and following the formal procedures and documentation work as suggested by FISA court. Ensuring that the tenure of judges does not come into conflict with the proper operations is another consideration. It must be ensured that the cases are held and resolved during the tenure of a particular judge as the time and again rotation of judges often would lead to possible breach of information and non uniform actions and subsequent rulings. Collaboration between DOJ and NSA: This is advised on the account of upstream communication handling. Further, the fact that domestic information collection must be done so under a pre defined mechanism as it will allow for respecting the privacy and protecting against any concerns expressed with regard to privacy concerns. Upstream collection: The PRISM collection methods need to be redefined as it will lead to a more secure and less reactive method of data and information collection regarding the domestic users. The concerns regarding the upstream data collection is the fact that this method has enabled the government authorities to getting the information and private data even from the internal ranks of domestic users which usually leads to concerns regarding privacy protection of the common citizens. Defining limits with regard to upstream collection is recommended which will remove the concept of absolute authority and absolute data collection from the domestic users’ profiles computers and other digital equipments that are digitally connected in a global domain of internet. Another suggestion presented is that of bringing about further advancement in the technology and usage method which will enable finding the relevant information largely. For example the “About” aspect of emails being distributed or other forms of private data usage. One majorly important recommendation is that of providing the common citizens with the understanding of the working of N.S.A and other intelligence entities. This will remove any doubts that may be existent with regard to the working and data collection. Striking a balance between ensuring that the intelligence agencies works are not hampered at the hands of security concerns and future works at the same time ensuring that the information so provided to the customers and common citizens will suffice the balance with regard to the N.S.A working and in return earn trust of the citizens. Presenting data to Congress: Within recommendation number 9, sub sections of information and consideration includes areas such as the telephone record tracing, internet usage tracing, other valuables and personal data collection. All these actions and methods in which the data is collected should be deposited with Congress by the end of the year or by the end of the project. This will allow for a transparent method with regard to the operations and ensuring that even if some private data is being extracted, it is not done so for purposes of privacy breach or later harmful means. This clause also suggests sharing the information with regard to the balance between ensuring privacy, sensitivity of the content being shared and also in parallel ensuring that a balance is struck with regard to accountability for any action undertaken. Collaboration between the intelligence agencies: Ensuring that collaboration based working mechanism is in place. Further, providing the data and valuable information to other government agencies for the purpose of better intelligence sharing is a key and it must be ensured that an overall efficacy is produced through the working in a mutually collaborative procedure. For this purpose formation of methodology is advised which will allow for following the formal procedures and rules of action with regard to joint intelligence efforts. Peter Van Buren has come up with number of concerns and highlighting elements with regard to the possible countering of the aspects and concerns presented by Jeff Jarvis . According to him, the actions are largely legal in terms of national interests and the intelligence agencies have to dig into the areas with regard to the protecting the national interests. He further stresses that anyone who does not indulge in any wrong doing, would have no fears with regard to the privacy breach or anything being suspected against him. Further, the stress upon the fact that N.S.A’s prime function is to monitor the meta data provides a sufficiently safe ground with regard to the working of N.S.A as it does not breach the major internal dynamics of privacy and private life (Buren). Finally, Peter Van Buren argues that our system already has certain mechanism to counter and observe our actions, for this purpose, the actions of N.S.A do not come off as something unexceptional or off the book. References: Brand, Rachel. "Privacy and Civil Liberties Oversight Board." Intelligence. 2014 Buren, Peter Van. 10 Myths About NSA Surveillance That Need Debunking. 13 Jan 2014. 10 March 2015 Jarvis, Jeff. The primary NSA issue isnt privacy, its authority. 30 Dec 2013. 10 March 2015 LIPTAK, ADAM. Judge Upholds N.S.A.’s Bulk Collection of Data on Calls. 10 Dec 2013. 10 March 2015 http://www.nytimes.com/2013/12/28/us/nsa-phone-surveillance-is-lawful-federal-judge-rules.html?_r=0 NSA. NSA/CSS Mission, Vision, Values. 10 Jan 2009. 10 March 2015 Read More