The Central Intelligence Agency (CIA) conducts foreign covert operations, counterintelligence operations, and collects and analyzes foreign intelligence for the president and his staff to aid in national security decisions. The National Security Agency (NSA) is responsible for global monitoring, collection, and processing of information for foreign intelligence and counterintelligence purposes. The Federal Bureau of Investigation (FBI) conducts domestic counterintelligence and counterterrorism operations in addition to its role as the lead law enforcement agency in the country. 

These three agencies have implemented sophisticated programs to capture, store, and analyze electronic communications. The Downstream program (formerly called PRISM) extracts data from the servers of nine major American Internet companies including AOL, Apple, Facebook, Google, Microsoft, Paltalk, Skype, Yahoo, and YouTube to obtain direct access to audio, video, photographs, emails, documents, and connection logs for each of these systems. The Upstream program taps into the infrastructure of the Internet to capture the online communications of foreigners outside the United States while their communications are in transit. The leaders of the intelligence agencies argue that these programs are essential to fighting terrorism. The agencies can also provide a dozen or more examples of how use of the data gathered by these programs has thwarted the efforts of terrorists around the world. 

Critical Thinking Questions:

1. Many people believe that the lack of evidence that an American is engaged in wrongdoing is hardly a compelling justification for a warrantless search of his or her communications. To the contrary: if the intelligence agencies do not have probable cause to suspect criminal activity, they have no business reading Americans’ emails and listening to their phone calls. Imagine that you agree with this position, what changes do you feel are needed to FISA Section 702?

2. Others believe that our intelligence agencies should capture all the data possible to protect us from terrorists and if, while doing this, a source of data is created that can be used in criminal cases, so much the better. Imagine that you agree with this position, what changes do you feel are needed to FISA Section 702? 

3. Do you believe that the Downstream and Upstream programs are examples of tipping the scales of justice in favor of security over privacy? Justify your answer.