HISTORY OF AMERICAN SURVEILLANCE & THE SNOWDEN FILES: VIOLATIONS OF THE FOURTH AMENDMENT’S PRIVACY RIGHTS

Abstract

Surveillance has been a longstanding tradition in the United States, dating back to even the colonial period. The full scope of American surveillance programs has only expanded since then, growing unregulated and encroaching on what should be protected by the country’s Constitution. This came to a head in 2013, when Edward Snowden published a variety of files that exposed the U.S. government--the National Security Agency (NSA) in particular--for its violations of privacy, cybersecurity, and human rights. While Snowden was charged with offenses against the Espionage Act of 1917, he managed to escape to and currently resides in Russia. His files revealed the U.S. government’s extensive surveillance of American citizens in collaboration with multiple international governments and organizations. This clear transgression of internet privacy fundamentally changes the relationship between governments and their citizens, the latter being monitored without their consent or knowledge and the former hiding behind fragile justifications. The authority and access to information governments hold regarding their own citizens should be public knowledge and open to public scrutiny.