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CRJ325WEEK10DQ.docxCRJ 325 WEEK9 DQ
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Week 10 Discussion
"Electronic Surveillance" Please respond to the following:
· Use the Internet or the Strayer Online Library (https://research.strayer.edu) to research, identify, and examine a case involving suspected terrorist activities where electronic surveillance was used from within the last five years. Summarize the case and the circumstances. Then, support your opinion for or against the use of electronic surveillance of U.S. citizens without court orders in cases of suspected terrorist activities. Provide support for your opinion.
· Reply to the post of at least one of your classmates (BELOW) with a meaningful reply that compares or contrasts the classmate's post to yours or adds further insight into the topic. A meaningful Reply will typically contain at least 100 words.
Esasha Taylor
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United States v. Moalin
The Foreign Intelligence Surveillance Act, 50 U.S.C. § 1861, previously authorized US government to monitor and collect business phone records involving national security.
Background
The Criminal Case
The defendants in this case were indicted in June of 2012 on five counts related to providing financial support to al-Shabaab, a Somali militia group that was designated as a Foreign Terrorist Organization by the U.S. State Department on February 26, 2008. During the lower court proceedings, the defendants filed motions to suppress evidence collected pursuant to warrants and electronic surveillance orders issued under the Foreign Intelligence Surveillance Act, which the court denied. The defendants also requested that their security-cleared counsel be granted access to pertinent FISA applications and related materials in order to prepare their legal and constitutional defenses. The defendants were ultimately convicted by a jury on February 22, 2013.
Following the conviction, it was revealed in June 2013 that the National Security Agency (NSA) had been collecting all domestic and international telephone metadata from major US providers for more than ten years. During congressional hearings before the House Permanent Select Committee on Intelligence following the Snowden revelations, the Deputy Director of the FBI specifically cited the Moalin case as an example of an investigation where the NSA Metadata program had been used to identify the suspect. The defendants subsequently filed a motion for a new trial pursuant to Federal Rule of Criminal Procedure 33 on November 14, 2013, based on the NSA revelations and the government's failure to produce evidence related to the pertinent FISA court applications and materials. In particular, Mr. Moalin argued that the FBI had only reopened his case in 2007 as a result of a tip generated by the NSA Metadata program.
The court denied the defendants' motion for a new trial. The defendants subsequently filed an appeal to the Ninth Circuit, which is currently pending.
The following cases involve electronic surveillance within the United States.
Riley v. California, 134 S. Ct. 2473 (2014); Clapper v. Amnesty Int’l USA, 133 S.Ct. 1138 (2013); United States v. Jones, 132 S.Ct. 945 (2012); United States v. Ganias, No. 12-240 (2d Cir.); In re National Security Letter, Nos. 13-15957 & 13-16731 (9th Cir.); In re US Application for CSLI, 724 F.3d 600 (5th Cir. 2013); State v. Earls, 70 A.3d 630 (N.J. 2013); Commonwealth v. Connolly, 913 N.E.2d 356 (Mass. 2009).
This case is about National security. As the United States government has a role to protect the county from acts of terrorism. If this information obtained is only used for those purposes it would be great. But the reality is that there is no perfect system. Overall, I would rather them monitor for my safety, but I have concerns about my privacy being invaded.
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