Background — History
Mass surveillance in the US (wikipedia). This Wikipedia post generally covers the history of surveillance in the US.
Background — General
The Future of US Foreign Intelligence Surveillance (2020). Although the focus of the article is on foreign surveillance, it discusses how US citizens are caught up in that surveillance.
NSA Surveillance (2020).. Although it has a Pro bent, this article offers an excellent overview of NSA surveillance programs and the authorities they draw from.
Telecoms Customers Take Fight Over NSA Spying Programs to Ninth Circuit (November 2020). This article highlights current legal battles related to whether or not individuals who feel their constitutional rights are violated by NSA surveillance programs have the right to know about the details of the programs.
The article also explains that the NSA still collects phone records in bulk but collects internet data in more targeted ways.
US v Muhtrov (2020). This ACLU summary of this case explains how Section 702 of the Foreign Intelligence Surveillance Act permits spying on the international communications of US citizens.
Telecoms take NSA spying programs to 9th circuit (November 2, 2020)
NSA Surveillance exposed by Snowden ruled unlawful (2020)
8 ways the NSA is spying on you right now (2020)
Meltdown showed extent of NSA Surveillance (2019)
Original Guardian article disclosing the programs (2013) 2013 New York Times article on the program
NSA Warrantless Surveillance 2001-7
Pro
The future of US foreign intelligence surveillance (2020). Although the government conducts this surveillance for “foreign intelligence” purposes, the term is so broadly defined that it gives the government wide latitude to collect international communications – and, in the process, to sweep up the communications of countless people with no nexus to actual foreign intelligence. This surveillance poses grave threats to our constitutional rights to privacy, freedom of expression, and freedom of association. It also disproportionately impacts communities of color, especially Black, Brown, Muslim, and Chinese American communities, who are more likely to be subject to scrutiny by U.S. intelligence agencies.
Jewell vs. NSA Brief (2017). This court brief argues (among other things) that the surveillance violates individual liberties.
Mass surveillance threatens reporting that relies on confidential sources. (2020)
NSA phone surveillance program cost $100 million and yielded one major investigation
Why you should still worry about NSA surveillance (2017)
Pro — Phone Records
N.S.A. Phone Program Cost $100 Million, but Produced Only Two Unique Leads (2020)
NEW DOCUMENTS REVEAL NSA IMPROPERLY COLLECTED AMERICANS’ CALL RECORDS YET AGAIN (2019)
Pro — US/EU Data Transfers
What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers (2019)
Con
Jewell vs. NSA (2019). Although all of this is not relevant to the topic, the basic argument that the programs are important to national security is made in this case.
U.S. V. MUHTOROV – GOVERNMENT’S PUBLIC RESPONSE BRIEF (2020). This brief contains a very strong defense of the constitutionality of section 702.
Surveillance by other Agencies (2020). This document outlines surveillance programs by many agencies other than the NSA.
Argument Outline
Constitutional Rights
— 4th Amendment
Frees Speech/Reporting Chill
Privacy
Racism
Cybersecurity
FBI Shift
State & local law enforcement shift
Terrorism
Crime