Problem Statement The intersection between national security and civil liberty infringement has been a polarized topic in the United States since the enactment of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act in 2001.
Problem Statement
The intersection between national security and civil liberty infringement has been a polarized topic in the United States since the enactment of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act in 2001. The evolution of the threat landscape, paired with the pervasiveness and technological capability of modern surveillance equipment, raise profound ethical concerns over intrusion; more specifically, the extent to which the federal government can observe, surveil, or monitor the actions and/or activities of American citizens for the sake of preventing terrorism. The proposed thesis intends to critically analyze the dimensions surrounding the controversial debate over the balance between safeguarding the United States from terrorism and constitutional guarantees.
The problem at the forefront of this research lies with the inherent conflict between the U.S. Department of Homeland Security (DHS)’s purpose, which is the proactive planning, preparedness, mitigation, response, and prevention of acts of terrorism within the United States and American citizen’s rights to privacy (as guaranteed by the U.S. Constitution). As legislative initiatives, technological advancement, and deployment of enhanced surveillance/monitoring capabilities occurs, public concern over governmental operations and activities follows. Use of mechanisms such as mass data collection, digital monitoring, and facial recognition bring forth a nuanced dichotomy between cutting edge capabilities to protect the nation and ethical considerations of those that are intended to be protected. This is only further exacerbated as once targeted investigations became broader scoped in nature. Furthermore, the very essence of effectiveness has been called into question, with the public looking to have transparency of both governmental operations and tangible evidence that policy/activity has been fruitful. Through critically examining the topic, this thesis aims to provide valuable insight into the ongoing discussion of maintaining a balance between national security and ethics.
Proposed Methodology
To comprehensively understand and address the dynamics of discourse on the proposed topic, a multifaceted approach is necessary to define the research questions and objectives appropriately, adequately, and effectively. A mixed-methods research proposal will be used (i.e., a combination of quantitative and qualitative research), which will incorporate elements such as a literature review, case studies, legal and policy analysis, ethical framework analysis, and a comparative analysis. The literature review itself will provide a thorough overview of all available academic literature on the topic, existing legal frameworks, and policies that relate to DHS operations. This literature review will begin with the terrorist attacks on September 11, 2001, that sparked the creation of the DHS, as well as subsequent policy intended to reduce, mitigate, or prevent acts of terrorism in the United States. It will also include documents or data relating to privacy, rights, and ethics. The literature review intends to understand the historical context, legal frameworks, and existing debates on the subject of interest.
Case studies will examine all instances in which DHS or other governmental measures have crossed paths with privacy, evaluating the ethical considerations and outcomes. This will incorporate examples of surveillance programs, legal challenges, and public response to such activities. Furthermore, an overview of relevant legislative initiatives, policies, and laws that have been created since the terrorist attacks on 9/11will be examined, looking to unveil court decisions, appropriateness vs. effectiveness of these measures, and potential gaps that have been or could be identified. Additionally, the concepts of ethical frameworks (such as deontology, virtue ethics, and utilitarianism) will be evaluated to conceive the justifiability aspects and/or principles of such action. This intends to consider differing perspectives on security and privacy so that a holistic picture can be established.
A comparative analysis of the United States and other countries will be used (i.e., approaches to security and outcomes of measures) to investigate differing approaches to balancing security and privacy. Through analyzing how other nations navigate the balance between security and ethics, the intent is to draw lessons learned from the international community as a means to exemplify a ‘best practices’ approach.
Expected Value of the Research
The expected value of the proposed research on ethical considerations of DHS intervention/intrusion on American civil liberty infringement for the sake of national security holds significance in various domains; namely, informed policymaking, legal framework enhancement, public awareness and engagement, international insight, and academic contribution. Fire and foremost, having a nuanced understanding of national security vs. civil liberty infringement provides policymakers with an overview of the implications of DHS actions; therefore, existing and future initiatives can be guided and/or refined to reflect the delicate balance between ethics and national interests. Secondly, through legal framework analysis, the potential for identifying gaps can contribute to legal reform. Next, one of the common elements among the general public is the desire for transparency – that is, awareness of DHS practices to an extent that provides a level of confidence in activities. Increased understanding among the public helps to facilitate and/or foster healthy dialogue between security and privacy tradeoffs.
Comparative analyses with other nations help to convey a global perspective on security and privacy. Through understanding how the international community approaches ethical considerations in preservation of national interests and public concern, the goal is to produce a shared understanding of best practices that can be examined for applicability within the United States. Lastly, the dynamics between concerns over civil liberty infringement and national security has been a major point of contention in the U.S. for the better part of two decades. This conversation has evolved since the inception of the USA PATRIOT Act, and the desired objective of this thesis is to contribute to academic literature regarding ethics, privacy rights, and security studies.
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