Balance in the Administration of Justice Security - Coursework Example

Balance in the Administration of Justice Security Paper Introduction Nations all over the world depend in the man and powers of the governing body to defend and uphold the values of the society. Values such as peace, order, security and most of all justice are very precious in a sovereign state. In America alone, the 'National Security Strategy 2006' reflects this adherence of administrating bodies to protection and safety of its citizens and residents. This essay will discuss the aims of the present administration of the United States in defending the citizens of America, promoting the interest of the public, cooperating for international defense, advocating for freedom and encouraging the growth of the nation ("National Security", 2006). This usually holds true too in other nations. They have their own ways of educating and updating their citizens of the current plans and implements. This is for the purpose of ensuring that the government is functioning for the service of the people, to uphold their rights and secure their territories. Legal Implication in the Promotion of Justice and Security There are certain sectors that are very particular with the repercussions in the legal system of the goals aimed for. In the piece, Communications Privacy in the Digital Age (1997), a number of legal issues confronted by people in general are laid out. First of these issues is the fact of making 'Wiretapping' permissible to be used in dealing with certain crimes. Formerly, 'wiretapping' was allowed only for serious crimes that threaten the national security. Today, the list included crimes such as fraudulent statements in documents and applications as well the causing of destruction in any property owned by the State. Another point highlighted in the articles is the need to make more productive results in proposed actions. There are illegal practices that contravene the purpose of justice and security. The item also mentioned the authorizations provided by courts in proceeding with 'electronic surveillance' and the reaction to such through suggesting other methods to be used to acquire data. Most of the time also, the parties concerned contest the method of obtaining data quite too late and they barely survive to win in the proceedings ("Communications Privacy in the Digital Age", 1997). The court of "Foreign Intelligence Surveillance Act" or FISA already demonstrated that in its seventeen years of existence, there was never an instance that it denied a request for a "government electronic surveillance." In 1996 alone, there were about 839 orders given out and the statistics increases by twenty percent every year since then ("Communications Privacy in the Digital Age", 1997). Basically, what this piece emphasizes are the various implications to the legal and governmental system of the rules and procedures implemented just to respond to the needs of justice and security. This has been the cause of alarm for many people because the developments and advancements in technology can be abused and taken advantage of by those who have access to such. Changes in Technology and Mass Communication due to Justice and Security Reasons At this point, it is worthy to note that the piece, Communications Privacy in the Digital Age (1997), do indicate some key points of the improvement. These areas of development include 'Communications Methods,' 'Expansion,' 'Location Information and Monitoring,' 'Modifications in Wireless Service,' 'Internet Advancements,' and 'Computer Analysis.' These shall be discussed in detail below. However, at this point, the one concept discussed in the article to keep in mind is the so-called 'double-edged sword.' At one side, there is the governmental mechanism that takes opportune of the endless possibilities offered by technology. On the other side, the public fears such possibilities because of the tendency for the power to corrupt and for authority to abuse. Thus, it is imperative to be aware and cautious of the various marks of development adopted and implemented ("Communications Privacy in the Digital Age", 1997). Expansion and Changes in Wireless Services Going wireless is one of the recent technological developments that have been enjoyed by many people. This kind of technology used to be very limited to the likes of wealthy entrepreneurs and top officials and servants of the state, with a total population only of 92,000 users. This was in 1984. Today, this technology allows a great number of the public to obtain data in most wherever they go, as long the required devices are at hand like the wireless modems and faxes, switchboards and the laptop. Today, almost 46 million people are raving about this wireless technology (Communications Privacy in the Digital Age, 1997). It is worthy to note that this type of mechanism is best utilized for the transfer and sharing of data ("Communications Privacy in the Digital Age", 1997). Internet Development The internet technology is the usual resort to respond to any data or information requirements. The technology developed and advanced greatly since its inception. Today, it is an indispensable tool to get dependable services in terms of communications, data collection and processing. The article put forth that there are at least 40 million people who simultaneously surf and use the internet at a given time ("Communications Privacy in the Digital Age", 1997). With regard to national security and defense, internet know-how can also ensure safety from online threats such as viruses, hackings and other web issues. Furthermore, certain agencies of the government can also manipulate this technology to acquire information of people they investigate on. With the proper skill and equipment at hand, they can trace the 'history' of anybody in the internet like the web sites visited, online conversations and purchases ("Communications Privacy in the Digital Age", 1997). Improvement of Location information and monitoring There are particular circumstances when tracking and monitoring an individual is necessary to protect the public. Formerly, this would be one difficult endeavor. Today, this is made much more feasible and easier to implement through the use of 'surveillance technology.' ("Communications Privacy in the Digital Age", 1997). For an instance, in the act of making a call, security commands can utilize wireless systems to obtain data regarding the site or location of a person by tracing the cellular phone signal used. There is also a technology that allows one to get the physical position of an activated cell phone unit. Such technological innovation enables the government bodies to track people, at whatever time or instance they deem to implement such. There are also calls and correspondences that can be exposed and monitored through the use of tapping devices. Then, security agents can also choose to simply execute a surveillance mission on a person. Some contest these measures as they cannot be fully executed without interfering in the privacy of the people. Truly, the method can be proven successful in determining the locations of fugitives and suspects. Communication devices can very well serve their purpose, however, it really does pose a threat to the inherent right of people to privacy ("Communications Privacy in the Digital Age", 1997). Evolving Communication Method Electronic mails or emails and instant messaging services are one of the most convenient technologies utilized by almost everybody today. Nobody can deny that such is a welcome change, allowing people that are miles away from each other to communicate in an instant. At the same time, the accessibility of this technology also allows malicious minds to use this for detrimental purposes, making it a security concern. Relatively, email is easier to monitor than the snail mail. A government officer can easily interrupt and seize email correspondences. One only has to hurdle in determining the password used. After that, bulks of messages and details can be accessed ("Communications Privacy in the Digital Age", 1997). Improvement of computer analysis Another means to access and manipulate data and personal information is to use the proper computer analysis. There are many developments in this area as computer software and programs are made capable of analyzing and processing information. For example, the numbers contacted in a phone can be detected and recorded by 'pen registers.' Also, this analysis aspect could pertain to the ability of skilled persons to study trends and tendencies that may be reflected in certain history of documents or records. Recorded phone calls and messages exchanged can be easily interpreted and analyzed, especially if they provide crucial information ("Communications Privacy in the Digital Age", 1997). Issues It is a given that the state has all the powers within its hands to ensure the protection and interests of the sovereign and its people. It is just in line with the aim of upholding the interest of the public and responding to the common good. However, this also entails means that may pose threat to certain people, especially in the implementation stage (Communications Privacy in the Digital Age, 1997). Issues of human rights violation and the right to privacy are very urgent and imperative in this regard. Violation of Human Rights Every human being has rights that cannot be stripped off from that person because it is inherent in his or her existence, regardless of the race, nationality, religion, age, sex or educational attainment ("Human Rights", 2006). The Universal Declaration of Human Rights (1948-1998), an important document in international law and initiated by the United Nations, identifies and recognizes such rights. It provides the many instances that human rights had been violated and disregarded in history thereby making it imperative to establish the 'universal rights'. There are two such violations mentioned in the document that pertain to the issues of justice and security, the arbitrary and unilateral implementation of punishments absent a fair trial (Article 11 Universal Declaration of Human Rights, 1948-1998) and the capricious intrusion into the privacy of individuals by the agents of the government (Article 12 Universal Declaration of Human Rights, 1948-1998). Such were the most common instances committed in violation of the inherent rights of the individuals just to pursue the end of upholding security and justice. The first instance provided evidences how this need for 'justice and security' has been used as an excuse for the actions that amount to abuse because of improper implementation of the authority ("Human Rights", 2006). The second instance pertains to the procedures used to monitor people who are under close surveillance for being suspects or for posing threats to the security of the public ("Human Rights", 2006). It is worthy to mention that majority of the nations in the world respect and value this human rights ideal. In such conditions, individuals can easily defend their rights when there is a threat of violation. It is up to the state concerned on how to properly implement policies without contravening such human rights values ("Human Rights", 2006). Privacy Issue The Universal Declaration of Human Rights (1948-1998) also affords the right to privacy. A person is supposed to be assured that nobody would monitor his or her movements or that his or her private abode and personal effects will be free from intrusion, unless of course a valid reason is offered and the prescribed procedure is followed. The usual subjects of surveillance are those considered as risk or threat to security and they are not aware of such intrusions. The usual defense to uphold the privacy is to protest and argue that no one is entitled to watch another, unless there is something inherently 'wrong' with the actions (Schneier, B., 2006). The government has the authority and the privilege to define what is meant to be wrong, modify such definition and dispose at any way, at their will any information gathered (Schneier, B., 2006), thus it is urgent for the individual to know his or her rights. Terrorist attacks and threats to security in America have been the primary excuse now to intrude in the private realm of individuals, especially those who have been stereotyped as looking like terrorists. Furthermore, advocates are apprehensive over government officials who can easily disregard procedures to proceed with their duties (Hansen, E. and Olsen, S., 2001). Conclusion Technological advancements are beneficial to the state to promote the ideals of justice and security. These could also help in accomplishing tasks more effectively and efficiently, especially when the need is urgent. Yet, this could also lead to abuse. This should not be an excuse to disregard other issues and values that are also important to individuals like the intrusion to privacy. Policies should be shaped to provide means of ensuring security without undermining the rights of the people. The fear of the people must be alleviated, not aggravated. The interest of the public is the interest also of the government, thus their actions must be carefully calculated so as not to harm the very people they serve. A proper balance between the public and private must be implemented. This should be done with an open mind and dedication to serve the interests of the constituent citizens. References Bell, David VJ. March, 1991. GLOBAL COMMUNICATIONS AND CULTURE: IMPLICATIONS FOR INTERNATIONAL SECURITY. Centre for International and Strategic Studies, York University. Retrieved June 28, 2006 from http://72.14.203.104/searchq=cache: BnQyiDTvF2IJ:www.yorku.ca/yciss/publications/WP10Bell.pdf+changes+in+technology+and+ mass+communications+in+terms+of+justice+and+security&hl=en&gl=ph&ct=clnk&cd=4 "Communications Privacy in the Digital Age" June, 1997. Center for Democracy and Technology. Retrieved June 28, 2006 fromhttp://www.cdt.org/digi_tele/9706rpt. html#seven Hansen, E. and Olsen, S. Sept. 17, 2001. Privacy vs. Honesty. CNET Networks, Inc.Retrieved June 28, 2006 from http://news.com.com/Privacy+vs.+safety/2009-1023_3-272972.html "Human Rights." 2006. Wikipedia. Retrieved June 28, 2006 from http:// en.wikipedia.org/wiki/Human_rights "National Security." 2006. The White House. Retrieved June 28, 2006 from http://www.whitehouse.gov/infocus/nationalsecurity/index.html Schneier, B. 2006. Schneier on Security. Schneier.com. Retrieved June 28, 2006 from http://www.schneier.com/blog/archives/2006/05/the_value_of_pr.html "Universal Declaration of Human Rights". Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948. United Nations. Retrieved June 28, 2006 from http://www.un.org/Overview/rights.html Read More