MCDONALD TSDC TOPICALITY

TSDC TOPICALITY 2015TSDC TOPICALITY 2015..............................................................................................................1RESOLUTION.............................................................................................................................2NEGATIVE......................................................................................................................................3

Section 702.................................................................................................................................4XO 12333....................................................................................................................................5Psychoanalysis...........................................................................................................................6

AFFIRMATIVE................................................................................................................................7Section 702.................................................................................................................................8XO 12333....................................................................................................................................9Psychoanalysis.........................................................................................................................10

MORE DEFINITIONS....................................................................................................................11CURTAIL................................................................................................................................12DOMESTIC.............................................................................................................................13SURVEILLANCE...................................................................................................................15

You should go for T. Always. 1

MCDONALD TSDC TOPICALITY

RESOLUTION RESOLVED: THE UNITED STATES FEDERAL GOVERNMENT SHOULD SUBSTANTIALLY CURTAIL ITS DOMESTIC SURVEILLANCE.

You should go for T. Always. 2

MCDONALD TSDC TOPICALITY

NEGATIVE

You should go for T. Always. 3

MCDONALD TSDC TOPICALITY

SECTION 702A. INTERPRETATION – THE AFFIRMATIVE MUST CURTAIL DOMESTIC SURVEILLANCE “DOMESTIC” SURVEILLANCE IS DEFINED BY THE TARGET ---THE SUBJECT OF SURVEILLANCE MUST BE U.S. PERSONS Donohue 6 – Laura K. Donohue, Fellow, Center for International Security and Cooperation, Stanford University, “ANGLO-AMERICAN PRIVACY AND SURVEILLANCE”, Journal of Criminal Law & Criminology, Spring, 96 J. Crim. L. & Criminology 1059, Lexis5. The Foreign Intelligence Surveillance Act

As the extent of the domestic surveillance operations emerged, Congress attempted to scale back the Executive's power while leaving some flexibility to address national security threats. n183 The legislature focused on the targets of surveillance , limiting a new law to foreign powers, and agents of foreign powers - which included groups "engaged in

international terrorism or activities in preparation therefor." n184 Congress distinguished between U.S. and non-U.S. persons , creating tougher standards for the former. n185 ¶ [FOOTNOTE]¶ n185. The former included citizens and resident aliens , as well incorporated entities and unincorporated associations with a substantial number of U.S. persons. Non-U.S. persons qualified as an "agent of a foreign power" by virtue of membership - e.g., if they were an officer or employee of a foreign power, or if they participated in an international terrorist organization. Id. 1801(i). U.S. persons had to engage knowingly in the collection of intelligence contrary to U.S. interests, the assumption of false identity for the benefit of a foreign power, and aiding or

abetting others to the same. Id. 1801(b).¶ [END FOOTNOTE]¶ The Foreign Intelligence Surveillance Act ("FISA") considered any "acquisition by a n electronic, mechanical, or other surveillance device of the contents of any wire or radio communication," as well as other means of surveillance, such as video, to fall under the new restrictions. n186 Central to the statute's understanding of surveillance was that, by definition, consent had not been given by the target. Otherwise, the individual would have a reasonable expectation of privacy and, under ordinary circumstances, the Fourth Amendment would require a warrant. n187

B. VIOLATION – THE AFF DOES NOT CURTAIL SURVEILLANCE OF U.S. PERSONS; IT ELIMINATES THE SURVEILLANCE OF FOREIGN TARGETS BY THE U.S.

C. STANDARDS – 1. Limits – they expand the topic to allow all foreign spying and espionage affirmatives to fit under the resolution. This adds a substantial amount of new literature bases and advantages, which kills fairness.

2. Ground – The negative loses links to positions predicated off of the consequences of curtailing surveillance of U.S. persons, which is critical for topic education.

3. Topic Specific Education – the aff minimizes discussion about the government’s surveillance of U.S. persons because its skews the focus towards foreign surveillance. This kills topic innovation.

D. TOPICALITY IS A VOTER FOR FAIRNESS AND EDUCATION

You should go for T. Always. 4

MCDONALD TSDC TOPICALITY

XO 12333A. INTERPRETATION – THE AFFIRMATIVE MUST CURTAIL DOMESTIC SURVEILLANCE“CURTAIL” MEANS TO RESTRICTWebster’s 15 – Webster's New World College Dictionary, 4th Ed., “curtail”, http://www.yourdictionary.com/curtailverbTo curtail is defined as to restrict something , stop something or deprive of something.An example of curtail is when a town wants to stop drunk driving.

AND, RESTRICTION REFERS ONLY TO OUTRIGHT PROHIBITIONS, NOT ANY ACTION THAT HAS THE CONSEQUENCE OF DECREASING SURVEILLANCECaiaccio 94 (Kevin T., “Are Noncompetition Covenants Among Law Partners Against Public Policy?”, Georgia Law Review, Spring, 28 Ga. L. Rev. 807, Lexis)

The Howard court began its analysis by examining the California Business and Professions Code, which expressly permits reasonable restrictive covenants among

business partners. 139 The court noted that this provision had long applied to doctors and accountants and concluded that the general language of the statute provided

no indication of an exception for lawyers. 140 After reaching this conclusion, however, the court noted that, since it had the authority to promulgate a higher standard

for lawyers, the statute alone did not necessarily control, 141 and the court therefore proceeded to examine the California Rules of Professional Conduct. 142 The

court avoided the apparent conflict between the business statute and the ethics rule by undertaking a strained reading of the rule. In essence, the court held that the word "restrict" referred only to outright prohibitions , and that a mere "economic consequence" does not equal a prohibition. 143

B. VIOLATION – THE AFFIRMATIVE DOES NOT MANDATE AN OUTRIGHT PROHIBITION OF DOMESTIC SURVEILLANCE UNDER THE PATRIOT ACT; IT IS MERELY A REFORMATION OF THE POLICY.

C. STANDARDS – 1. Limits – allowing small cosmetic changes to existing surveillance policies is infinitely regressive and inflates the research burden for the negative, which kills fairness.

2. Ground – we lose ground to trade-off, terrorism or politics disads because the magnitude of the link will be low in minor modifications of existing policies. This means we lose education about true surveillance restrictions

3. FX-T – The consequences of plan implementation may result in a curtailment of surveillance, but the mandates of the plan do not. FX-T is an independent voter for fairness and education. D. TOPICALITY IS A VOTER FOR FAIRNESS AND EDUCATION

You should go for T. Always. 5

MCDONALD TSDC TOPICALITY

PSYCHOANALYSIS

A. INTERPRETATION – THE AFFIRMATIVE MUST CURTAIL DOMESTIC SURVEILLANCE, NOT COMPLETELY ELIMINATE. CURTAIL MEANS TO REDUCE OR DIMINISH; IT DOES NOT MEAN TO TERMINATEChase 49 – Chase, Circuit Judge on the United States Court of Appeals for the Second Circuit, “UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT”, 12-13, LexisWhen these provisions are read in the light of the background stated and particularly the rejection of express provisions for the power now claimed by the New Haven,

it is obviously difficult to accept the New Haven's present view that a complete abandonment of passenger service was not intended. Even the words used point to the decisive and- under the circumstances- clean-cut step. The word 'discontinue' is defined by

Webster's New International [**29] Dictionary, 2d Ed. 1939, as meaning ' * * * to put an end to; to cause to cease; to cease using; to give up'-

meanings quite other than the connotations implicit in the word 'curtail,' which it defines ' * * * to shorten; abridge; diminish; lessen; reduce .' It goes on to give the meaning of 'discontinue' at law as being 'to abandon or terminate by a discontinuance'- an even more direct interpretation of the critical term. An interesting bit of support from the court itself for this view is found in Art. XI, §. 2(m), of the final Consummation Order and Decree, which reserved jurisdiction in the District Court: 'To consider and act on any question respecting the 'Critical

Figures' established by the Plan with respect to the termination by the Reorganized Company of passenger service on the Old Colony Lines.' A 'termination' is quite different from a 'reduction.'

B. VIOLATION – THE AFF IS AN OUTRIGHT ELIMINATION OF DOMESTIC SURVEILLANCE, NOT A REDUCTION

C. STANDARDS – 1. Limits – the aff unlocks a plethora of new advantage and literature to the topic, which inflates the research burden for the negative and kills fairness.

2. Ground – we lose links to any negative positions predicated off of considerable alterations of status quo surveillance policies, which are critical to the topic because they reflect the consequences of real world decision-making in the name of domestic surveillance.

3. Topic Specific Education – the aff minimizes discussions about government surveillance policies that are currently in place. This dialogue is necessary to facilitate discussions about finding a balance between privacy and security.

D. TOPICALITY IS A VOTER FOR FAIRNESS AND EDUCATION.

You should go for T. Always. 6

MCDONALD TSDC TOPICALITY

AFFIRMATIVE

You should go for T. Always. 7

MCDONALD TSDC TOPICALITY

SECTION 7021. WE MEET – THE FACILITATION OF SURVEILLANCE BY THE GOVERNMENT IS DONE WITHIN THE U.S.

2. COUNTER INTERPRETATION – DOMESTIC SURVEILLANCE IS SURVEILLANCE FACILITATED INSIDE THE U.S.Avilez et al 14 Marie Avilez et al, Carnegie Mellon University December 10, 2014 Ethics, History, and Public Policy Senior Capstone Project Security and Social Dimensions of City Surveillance Policyhttp://www.cmu.edu/hss/ehpp/documents/2014-City-Surveillance-Policy.pdfDomestic surveillance – collection of information about the activities of private individuals/organizations by a government entity within national borders; this can be carried out by federal, state and/or local officials

3. REASONS TO PREFER –

1. Limits – the neg overlimits the topic by requiring that BOTH the actor and the targets of surveillance have to be within the U.S. Allowing the surveillance of foreign subjects is critical to topic specific education because it more accurately represents how the government facilitates surveillance.

2. No Ground Loss – they still leverage all generic link ground. Make them prove what specific ground they lose and why they have an inherent right to these arguments before you vote negative on T.

3. Lit checks abuse – Section 702 is one of the most notable surveillance policies in the status quo. This is a debate you should have been prepared for.

4. DEFER TO REASONABILITY – COMPETING INTERPRETATIONS ARE ARBITRARY AND SELF-SERVING, WHICH LEADS TO A RACE TO THE BOTTOM. IF WE PROVIDE QUALITY EVIDENCE THAT DEFINES OUR AFF AS TOPICAL THEN WE ARE REASONABLY TOPICAL.

You should go for T. Always. 8

MCDONALD TSDC TOPICALITY

XO 123331. WE MEET – THE AFFIRMATIVE OUTRIGHT PROHIBITS DOMESTIC SURVEILLANCE BY ELIMINATING SECTION 2.3 SUB SECTION I.

2. COUNTER INTERPRETATION – “CURTAIL” MEANS TO REDUCEAHD 14 – American Heritage Dictionary, “curtail”, https://www.ahdictionary.com/word/search.html?q=curtailtr.v. cur•tailed, cur•tail•ing, cur•tailsTo cut short or reduce : We curtailed our conversation when other people entered the room. See Synonyms at shorten.

3. REASONS TO PREFER – A. Limits – modifications that eliminate particular mandates in domestic surveillance policies are critical areas under topic because they are integral to understanding the facilitation of surveillance policies in the status quo. Make them prove why a more limiting interpretation is better for this debate.

B. No Ground Loss – our modification is still a reduction of domestic surveillance, which means disad links still apply. Make them prove what specific ground they lose and why they have an inherent right to these arguments before you vote negative on T.

C. We’re not FX-T – removing 2.3i calls for an immediate reduction of incidental data collection. This is NOT a voting issue – make them prove what deficits to fairness and education are present in this debate because of the 1AC before evaluating FX-T.

4. DEFER TO REASONABILITY – COMPETING INTERPRETATIONS ARE ARBITRARY AND SELF-SERVING, WHICH LEADS TO A RACE TO THE BOTTOM. IF WE PROVIDE QUALITY EVIDENCE THAT DEFINES OUR AFF AS TOPICAL THEN WE ARE REASONABLY TOPICAL.

You should go for T. Always. 9

MCDONALD TSDC TOPICALITY

PSYCHOANALYSIS1. WE MEET – THE AFF DECREASES DOMESTIC SURVEILLANCE AS IT EXISTS IN THE STATUS QUO – WHICH SERVES AS A REDUCTION

2. COUNTER INTERPRETATION - “CURTAIL” INCLUDES BOTH RESTRICTION AND TERMINATIONHansen 2 – Andrea K. Hansen, “The Alaska National Interest Lands Conservation Act of 1980: How ANILCA's Provisions on Consumptive Uses Affect Backcountry Planning in Alaska National Park Areas”, Journal of Land, Resources, & Environmental Law, 22 J. Land Resources & Envtl. L. 435, Lexis

On the other hand, there is one reference in the legislative history on section 816 stating that "subsistence may not be curtailed merely for reasons of public use and

enjoyment... ." n206 The term "curtailed" could be construed as applying to both closures and restrictions . This one reference is insufficient to overcome the examples cited in the previous paragraph, however, since "curtailed" is only one word in one sentence of the legislative history which does not appear in the statute. This single word is not sufficient to overcome the numerous other references in the legislative history to allow only "existing levels" of subsistence, "minimize [user] conflicts," or limit the number of users allowed in a park area.

3.REASONS TO PREFER – A. Topic Education – the aff is a mechanism to reorient the way we view domestic surveillance policies, which is critical for using this topic to make meaningful change. They try to filter our discussion of anxietal predispositions rooted within the resolution by attempting to define what is and what is not good to speak about. This silences a necessary discussion within the topic.

B. Limits – policy debate focus has always served as a way to push discussions of anxiety away from the focal point of the topic. Their limits are self-serving and used to ignore what happens when the self becomes meaningless.

C. No Ground Loss – the aff still endorses an advocacy statement that uses the federal government, which means links to disads still exist. Also, make them outline what specific position they lose and why they reserve an inherent right to read it.

4. DEFER TO REASONABILITY – COMPETING INTERPRETATIONS ARE ARBITRARY AND SELF-SERVING, WHICH LEADS TO A RACE TO THE BOTTOM. IF WE PROVIDE QUALITY EVIDENCE THAT DEFINES OUR AFF AS TOPICAL THEN WE ARE REASONABLY TOPICAL.

You should go for T. Always. 10

MCDONALD TSDC TOPICALITY

MORE DEFINITIONS

You should go for T. Always. 11

MCDONALD TSDC TOPICALITY

CURTAIL CURTAIL CAN MEAN TO CUT OFF PARTRandom House 15 Dictionary.com Unabridged Based on the Random House Dictionary, © Random House, Inc. 2015. Cite This Source http://dictionary.reference.com/browse/curtail?s=tcurtail1[ker-teyl]verb (used with object)1. to cut short; cut off a part of ; abridge; reduce; diminish.

CURTAIL MEANS REDUCE OR LIMITMerriam-Webster 15 © 2015 Merriam-Webster, Incorporated http://www.merriam-webster.com/dictionary/curtailCurtail verb cur·tail \(ˌ)kər-ˈtāl\: to reduce or limit (something)Full Definition of CURTAILtransitive verb: to make less by or as if by cutting off or away some part <curtail the power of the executive branch> <curtail inflation>

CURTAIL CAN MEAN STOP ENTIRELY

Vocabulary,com 15 2015 Vocabulary.com http://www.vocabulary.com/dictionary/curtailcurtailTo curtail something is to slow it down, put restrictions on it, or stop it entirely. If I give up cake, I am curtailing my cake-eating. Curtail is an official-sounding word for stopping or slowing things down. The police try to curtail crime — they want there to be less crime in the world. A company may want to curtail their employees' computer time, so they spend more time working and less time goofing around. Teachers try to curtail whispering and note-passing in class. When something is curtailed, it's either stopped entirely or stopped quite a bit — it's cut short.

CURTAIL CAN MEAN HALT OR STOPBURTON'S 7 BURTON'S LEGAL THESAURUS, 4E. COPYRIGHT © 2007 BY WILLIAM C. BURTON. USED WITH PERMISSION OF THE MCGRAW-HILL COMPANIES, INC. HTTP://LEGAL-DICTIONARY.THEFREEDICTIONARY.COM/CURTAIL

curtail verb abate, abbreviate, abridge, clip, coartare, cut, cut down, cut short, decrease, diminish, halt, lessen, lop, make smaller, minuere, pare, pare down, retrench, shorten, subtract, trim See also: abate, abridge, allay, arrest, attenuate, bowdlerize, commute, condense, decrease, diminish, discount, lessen, minimize, palliate, reduce, restrain, retrench, stop

CURTAIL MEANS TO REGULATE , NOT BAN Oluwagbemi 7 – Michael Oluwagbemi, Co-founder and Executive Partner at LoftyInc Allied Partners Limited, “How Dangote Is Double-Crossing Nigeria!”, Nigeria Village Square, 7-19, http://www.nigeriavillagesquare.com/articles/michael-oluwagbemi/how-dangote-is-double-crossing-nigeria.html

Note however, that Dangote is not the problem. Business for a few thrives in the absence of regulation simply because businessmen are opportunistic. If you were Aliko

Dangote, what will you do? Assuming you were connected to the powers that be, won't you at least try to obtain some favors? Hence, Dangote's behavior while

perfectly opportunistic and capitalistic should be curtailed by a society interested in capitalism and its twin which is competition. Note, that I have not used the word "banned", or "stopped", rather I used the word, "curtailed" . Our government is failing

sorely in curtailing the activities of the Oligarchs by instituting minimum standards and regulations to encourage competition and discourage monopoly and collusion either in the disposal of public assets or after such assets are in the hands of the new generation Nigerian multi-trillionaires –Dangote, Otedola, Jimoh Ibrahim, Mike Adenuga (actually IBB) or Emeka Offor.

You should go for T. Always. 12

MCDONALD TSDC TOPICALITY

DOMESTICDOMESTIC SURVEILLANCE TARGETS U.S. PERSONSFreiwald 9 – Susan Freiwald, Professor, University of San Francisco School of Law, “ELECTRONIC SURVEILLANCE AT THE VIRTUAL BORDER”, MISSISSIPPI LAW JOURNAL, 1-14, http://www.olemiss.edu/depts/ncjrl/pdf/ljournal09Freiwald.pdf

That a member of the judiciary must be intimately involved in purely domestic surveillance for violations of domestic crimes and that the executive branch has discretion over purely foreign surveillance of foreign people in foreign places seems clear .22 But many, if not most, surveillance operations are neither purely domestic nor purely foreign, which substantially complicates the analysis. In fact, regulation of government surveillance of communications depends on so many factors that the rules

Congress has formulated to handle them seem almost impenetrably complex.23¶ The pertinent statutory provisions may be found in the Foreign

Intelligence Surveillance Act (“FISA”).24 Those rules currently grant more discretion to executive branch monitors when (1) the purpose of the investigation is to gather foreign intelligence information rather than information pertaining to criminal offenses, (2) the target of the surveillance is located in a foreign country rather than in the United States, (3) the monitoring itself is conducted in a foreign place rather than in the United States, (4)

the target is a foreign citizen rather than a U.S. citizen or a resident alien, (5) the U.S. Person targeted communicates with someone in a foreign country rather than here, (6) there is probable cause to believe that the U.S. Person targeted is an agent of a foreign power rather than there being no association between the target and a foreign power.25 Any one scenario involves some combination of the above pairings, which makes it even more difficult to determine the correct rule.¶ While the FISA scheme is a creature of Congress, it must conform to constitutional constraints.26 As Part II discusses, Fourth Amendment precedents require the judiciary to oversee executive branch surveillance of purely “domestic” surveillance.27 But the Fourth Amendment has much less, if anything, to say about executive branch conduct of purely “foreign” surveillance.28 One could defensibly arrange the scenarios along a spectrum from most “domestic,” and therefore protected by the Fourth Amendment, to most “foreign,” and therefore least protected.¶ Rather than viewing the Fourth Amendment as providing decreasing judicial oversight as the character of the electronic surveillance becomes increasingly foreign, however, one could instead view Fourth Amendment protection as being all or nothing. In other words, one could view the Fourth Amendment as providing strict regulation for purely domestic investigations and no regulation for purely foreign investigations because the latter are governed by executive branch discretion. Then one would view the rules for cases that fall in the middle as designed to determine whether to treat the investigation as domestic or foreign. Under this view, in cases that are neither clearly domestic nor clearly foreign, the judge’s role would be to review the executive’s decision to deprive the target of judicial oversight of the surveillance that the Fourth Amendment mandates. The executive makes such a determination when a target effectively acts in the interest of a foreign power; in such a case, the executive may be said to “exile” that target if she is a U.S. Person.29¶ In this analysis, the virtual border plays a key role. On this side of the virtual border, domestic targets enjoy extensive judicial review of executive branch surveillance, pursuant to the dictates of the Fourth Amendment.30 On the other side, foreign targets are subject to whatever electronic surveillance the executive branch chooses to conduct in the exercise of its foreign affair powers.31 Foreign targets have no right to complain about surveillance techniques in our courts, though they may of course raise their complaints in their own courts.32¶ That is not to say that judicial review over mixed domestic and foreign cases is not mandated by the Fourth Amendment, but rather that judicial oversight in these cases plays an additional role besides keeping electronic surveillance within permissible bounds. In addition, judges review the executive branch’s decision to exile and ensure that U.S. Persons are not deprived of their Fourth Amendment rights either by being exiled over the virtual border without sufficient cause, or by being swept up in the surveillance of exiled U.S. Persons and foreigners.33 The Fourth Amendment also calls for admitting foreign people inside our virtual border in some cases. For example, resident aliens and those with sufficient connections to this country who are targeted in ordinary criminal investigations benefit from the highest level of Fourth Amendment protection of their communications, even though they are not American citizens.34¶ By viewing the Fourth Amendment regulation of electronic surveillance as “on” for surveillance of people on the domestic side of the virtual border and “off” for those on the foreign side of the border, one can get a clearer view of how much is at stake in the “exiling decision.” With that in mind, one can appreciate the importance of judicial oversight of the executive’s decision to exile and can assess the rules governing that decision by how well they protect against improper exile.35 Again, while one may view judicial review in these cases as quasi-constitutional Fourth Amendment protection,36 one should also evaluate the judiciary’s performance of its responsibility to

oversee the exiling decision.¶ As mentioned, FISA contains the rules that determine the amount of review provided by a judge over the exiling decision.37 As will be discussed in Part II, those rules permit the executive branch to use special procedures that accord meaningfully fewer rights to foreign targets .38 Foreign targets include those who are neither American citizens nor resident aliens (which together constitute “U.S. Persons” ) . But such targets also include those U.S. Persons who have effectively become foreigners through virtual exile. To exile a U.S. Person across the virtual border, high level executive branch officials must have probable cause to believe that the U.S. Person targeted for exile works as an “[a]gent of a foreign power,”39 and the officials must seek “foreign intelligence information”40 about that agent. If a reviewing judge approves the executive branch’s showing, agents may conduct surveillance of the exiled target without according her the full Fourth Amendment rights granted to domestic targets.4

DOMESTIC REFERS TO ACTIVITY IN THE 50 STATES AND DCEnergy Dictionary 7 – “domestic”, 11-3http://www.photius.com/energy/glossaryd.html#domestDomestic: See United States . ¶ [CONTINUES]¶ United States: The 50 States and the District of Columbia . Note: The United States has varying degrees of jurisdiction over a number of territories and other political entities outside the 50 States and the District of Columbia, including Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, Johnston Atoll, Midway Islands, Wake Island, and the Northern Mariana Islands. EIA data programs may include data from some or all of these areas in U.S. totals. For these programs, data products will contain notes explaining the extent of geographic coverage included under the term "United States."

You should go for T. Always. 13

MCDONALD TSDC TOPICALITYDOMESTIC IS RELATED TO INTERNAL AFFAIRSWebster's New World Law 10 Webster's New World Law Dictionary Copyright © 2010 by Wiley Publishing, Inc., Hoboken, New Jersey. Used by arrangement with John Wiley & Sons, Inc.http://www.yourdictionary.com/domestic

domestic - Legal Definition adjPertaining to the internal affairs or products of a country; relating to matters of the family.

DOMESTIC SURVEILLANCE IS ONLY AGAINST U.S. CITIZENS ---ANYTHING ELSE IS SPYINGRoss 12 – Jeffrey Ian Ross, Professor in the School of Criminal Justice, College of Public Affairs, and a Research Fellow of the Center for International and Comparative Law, and the Schaefer Center for Public Policy, at the University of Baltimore, An Introduction to Political Crime, p. 101Introduction

Domestic surveillance consists of a variety of information-gathering activities, conducted primarily by the states coercive agencies (that is, police, national security, and the military). These actions are carried out against citizens , foreigners , organizations (for example, businesses, political parties, etc.), and foreign governments . Such operations usually include opening mail, listening to telephone conversations (eavesdropping and wiretapping), reading electronic communications, and infiltrating groups (whether they are legal, illegal, or deviant).¶ Although a legitimate law enforcement/intelligence-gathering technique, surveillance is often considered unpalatable to the public in general and civil libertarians in particular. This is especially true when state agents break the law by conducting searches without warrants, collecting evidence that is beyond the scope of a warrant, or harassing and/or destabilizing their targets.1 These activities arc illegal (because the Constitution, statutes, regulations, and ordinances specify the conditions under which surveillance may be conducted), and they violate individual rights to privacy.¶ Not only should legitimate surveillance be distinguished from

illegal domestic surveillance, but the latter practice should also be separated from espionage/spying .2 In short, spying/espionage, covered in chapter four, is conducted against a foreign government, its businesses, and/or its citizens, and illegal domestic surveillance takes place inside a specific individual’s country .

You should go for T. Always. 14

MCDONALD TSDC TOPICALITY

SURVEILLANCESURVEILLANCE” IS CLOSE OBSERVATION---IT CAN BE DONE IN A NUMBER OF FORMS, BE MASS OR INDIVIDUAL, AND OVERT OR COVERTSenker 11 – Cath Senker, Non-Fiction Writer who Specialises in Writing About Modern History, Global Issues and World Religions, Privacy and Surveillance, p. 6Surveillance

The Oxford English Dictionary defines surveillance as " close observation , especially of a suspected person." Methods of observation include watching, listening, filming, recording, tracking, listing people and entering their details onto databases. The different types of surveillance carried out include mass surveillance of large groups of people as well as targeted observation of specific individuals. Surveillance may be carried out openly, for example, using closed-circuit television (CCTV) cameras in public places, or covertly; using undercover agents.

SURVEILLANCE IS LAW ENFORCEMENT'S GATHERING OF INFORMATION ON CRIMINALS AND SECURITY THREATSHier 9 Sean P. Hier, prof of Sociology, University of Vivtoria, and Josh Greenberg, prof of communication studies, Carleton University, 2009 Surveillance: Power, Problems, and Politics, Sean P. Hier and Josh Greenberg, eds p 15Surveillance is commonly understood as an activity that law enforcement agencies engage in to gather information about criminals and other wrong-doers. When many people think of surveillance, images of espionage and secret policing activities come to mind. Following the 11 September 2001 attacks on Washington and New York, and the 7 July 2005 bus and train bombings in London, surveillance has also increasingly been understood in terms of border security provisions and anti-terrorism measures. Border security and formal law enforcement operations – overt and covert – are important forms of contemporary surveillance. But when surveillance is represented primarily if not exclusively as a security issue, the term fosters images of a relatively small and powerful group of people who have the means and the desire to monitor the masses (see also Haggerty's forward to this volume).

SURVEILLANCE MUST BE SUSTAINED OVER TIME Macnish 11 – Kevin Macnish, Teaching Fellow and Consultant in Applied Ethics at the University of Leeds, “Surveillance Ethics”, Internet Encyclopedia of Philosophy, http://www.iep.utm.edu/surv-eth/Surveillance EthicsSurveillance involves paying close and sustained attention to another person. It is distinct from casual yet focused people- watching, such as might occur at a pavement cafe, to the extent that it is sustained over time . Furthermore the design is not to pay attention to just anyone, but to pay attention to some entity (a person or group) in particular and for a particular reason. Nor does surveillance have to involve watching. It may also involve listening, as when a telephone conversation is bugged, or even smelling, as in the case of dogs trained to discover drugs, or hardware which is able to discover explosives at a distance.

SURVEILLANCE IS CONTINUOUS WATCHRandom House 15 Random House Dictionary, © Random House, Inc. 2015. Dictionary.com Unabridgedhttp://dictionary.reference.com/browse/surveillance?s=tSurveillance noun¶ 1. a watch kept over a person, group, etc., especially over a suspect, prisoner, or the like:¶ The suspects were under police surveillance.¶ 2. continuous observation of a place, person, group, or ongoing activity in order to gather information:¶ video cameras used for covert surveillance. See also electronic surveillance.¶ 3. attentive observation, as to oversee and direct someone or something:¶ increased surveillance of patients with chronic liver disease.

You should go for T. Always. 15