Background Guide. Security Intelligence Summit. Director: Jenilee Trew Assistant Director: Anthony Tsou. Georgia Tech

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1 Background Guide Security Intelligence Summit Director: Jenilee Trew Assistant Director: Anthony Tsou Georgia Tech Model United Nations Conference 2014

2 Table of Contents Table of Contents... 2 Letter from the Dias... 3 Committee Directive... 4 Committee Positions... 5 Committee Overview... 6 Topic One: Civil Liberties and Technology in Security Intelligence... 8 Historical Background... 8 Timeline Timeline Narrative Current Situation Bibliography... 15

3 Letter from the Dias Dear Delegates, Welcome to Atlanta for the Seventeenth Georgia Tech Model United Nations Conference! My name is Jenilee Trew and I will be your Director for the Security Intelligence Summit Crisis Committee. I am a fourth year International Affairs and Business Administration double major from Douglasville, Georgia. I am also a member of the Georgia Tech National Model United Nations Team and have directed at GTMUN previously. I m thrilled to have you all here for what will be a very interesting committee! The Assistant Director for this committee is Anthony Tsou. He is a third-year, Computer Science major from Lawrenceville, Georgia. Anthony has participated in Model United Nations during high school and served as the Assistant Director of General Assembly Plenary in last year's GTMUN. He just studied abroad in South Korea over the summer, and he is looking forward to your participation in the coming conference! As the topic is still in motion and continues to be an on-going issue in American Politics, we have taken several liberties to focus on the main issue at hand. The purpose of this committee is to examine the broader questions regarding the connections between security, technology and civil liberties, as the issue is on-going and constantly debated in the real world. As such, there will be several changes such as recent bills that could change since the writing of this guide to the conference. If you have any questions about the conference, committee, guide or where to begin your research please reach out to either of us at jenilee@gatech.edu or aytsou147@gmail.com. We look forward to working with you in October! Sincerely, Jenilee Trew, Director Anthony Tsou, Assistant Director

4 COMMITTEE OVERVIEW GTMUN XVII 4 Committee Directive This crisis guide should be used as a starting point for research and understanding of the topic. This guide will provide you with the framework of the issue and will briefly discuss the possible directions and current challenges of the topic at hand. It is up to each of you to research your position and understand the most important topics in this issue as they relate to the role you will fill. While it is important to research all possible of areas of debate, it is more important to prepare for those subjects most important to your position. The directors do not expect any of you all to be experts on every topic, but we do expect you to have the knowledge to be able to critically think of these issues through the perspective of your delegate. Understanding the debates and points of contention between yourself and other delegates, and being prepared to contribute to those debates should be your main focus. Your position papers should address this, discussing the most important areas of debate for you and how you plan to deal with them. As such, this guide will serve to highlight the most important issues and debates of the topic through a variety of perspectives to give the best overview of what you can expect to be addressed throughout the crisis. Use this guide as a starting point for research, utilizing the footnotes and subjects mentioned in your search for information.

5 COMMITTEE OVERVIEW GTMUN XVII 5 Committee Positions The following is a list of participating delegates, for you reference. You should know who each person is and what will be their likely main concern in debating. Admiral Michael Rogers, Director, National Security Agency David Medine, Chairman, Privacy and Civil Liberties Oversight Board DeEtte Gray, President - Intelligence & Security, BAE Systems Inc. Dianne Feinstein (D), Chairman, US Senate Select Committee on Intelligence Jim Dempsey, VP for Public Policy, Center for Democracy & Technology Jim Sensenbrenner (R), Congressman John Buckman, Chairman of the Board, Electronic Frontier Foundation Meredith Baker, President, CTIA The Wireless Association Mike Rogers (R), Chairman, US House Intelligence Committee Philip S. Goldberg, Assistant Secretary of State for Intelligence and Research Richard Hoch, Director of Intelligence, Central Intelligence Agency Richard Ledgett, Deputy Director, National Security Agency Susan Herman, President, American Civil Liberties Union Susan Molinari, VP of Public Policy & Government Affairs, Google Zoe Lofgren (D), Congresswoman

6 COMMITTEE OVERVIEW GTMUN XVII 6 Committee Overview The Security Intelligence Summit will explore the United States intelligence community as it relates to civil liberties and technology. After developments within the National Security Agency the past year, there have been several inquiries into the methods and constitutionality of intelligence gathering, as seen in the collection of metadata from industry. This committee will be a fictitious summit comprised of civil rights leaders, intelligence community members, politicians, and corporations. This committee will examine the delicate balancing act between securing the United States interests, protecting its citizen s liberties, and the everchanging technological field. Delegates will work together to debate and examine the future of these issues and come to important agreements on what kind of future security intelligence should take. This summit is called to review the effectiveness of current policies and propose a plan of action regarding which direction security intelligence should proceed in the future. This exploratory body will refer proposals of change to the Director of National Intelligence (DNI), who in turn, reports directly to the President. Delegates only have the direct power to implement changes within the organizations they represent; however, as a collective body, the committee will draft a plan of action that will be reviewed and considered by the DNI for further action. This summit will be held in real time with real time events. The days will progress faster in crisis but you will be updated on how much time has passed.

7 Topic: Civil Liberties and Technology in Security Intelligence

8 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 8 Historical Background Topic One: Civil Liberties and Technology in Security Intelligence NSA Internet Surveillance When former NSA employee Edward Snowden leaked to The Guardian about how the National Security Agency (NSA) had been collecting domestic phone records, he sparked public outraged and set forth a serious of deliberations of the importance of security and privacy. 1 The debate increased when the public learned of the PRISM program, a data collection program that compels major technology companies to turn over communications and data to the NSA. In a declassified 2011 Foreign Intelligence Surveillance Court (FISC) opinion, it was revealed that the NSA collects more than 250 million Internet communications annually using the PRISM program, through the authority of the Foreign Intelligence Surveillance Act. 2 The majority of these are obtained through internet service providers, and are intended for international targets, but it severely raised concerns about personal privacy and the companies we give information to. The public also found it alarming to learn of the cybersecurity risk from NSA activities through the Office of Tailored Access Operation. This office engages in secretive cyber operations that undermine internet encryptions in various well used software; cataloging these vulnerabilities to exploit them for information collection purposes. 3 The dialogue about privacy, technology, and security has exploded after these revelations, with many citizens around the globe taking an interest in the increased protection of their privacy not limited to companies, the internet, and of course, government surveillance programs. The largest issue of this debate has been the question of how much of your privacy should be undermined for your security. This is not only an age old debate in politics, but now seriously affecting every aspect of our technology industry and national security. 1 MacAskill, Ewen, Gabriel Dance, Feilding Cage, Greg Chen, Kenan Davis, Kenton Powell, and Nadja Popovich. "NSA files decoded: Edward Snowden's surveillance revelations explained." theguardian.com. Guardian News and Media, 1 Nov Web. 1 Aug < 2013/nov/01/snowden-nsa-files-surveillance-revelations-decoded#section/3>. 2 Foreign Intelligence Surveillance Court opinion, October 3, 2011 at 20, available at 3 Kehl, Danielle, Kevin Bankston, Robyn Greene, and Robert Morgus. "Surveillance Costs: The NSA's Impact on the Economy, Internet Freedom & Cybersecurity.". Open Technology Institute, 1 July Web. 1 Aug <

9 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 9 Robert S. Litt claims Security and privacy are not zero-sum. We have an obligation to give full meaning to both, to protect security while at the same time protecting privacy and other constitutional rights. 4 This problem is finding the point it is no longer vital to sacrifice personal freedoms to uphold the mandate of protecting our national security. The surveillance state could be a severe infringement on the liberties of citizens, but it also could be essential to their safety. Consumer Privacy Other privacy concerns have also arisen in regards to the consumer and company relationship. While customer information produces more competitive markets, driving pricing down it also requires personal data, usually given by a customer. For example, Netflix and Amazon have a system track your shopping preferences, making consumer s shopping tailored to their tastes. However, some feel companies have too much information about their customers. Critics feel that not only is it a violation of a person s privacy, but also having so much data in one place can make it easier for the information to fall into the hands of criminals. There is a continued argument that the cost of better protecting one s privacy from consumers is too high for the reward, as increased regulations raise overall consumer costs which may include longer wait times and larger fees, while the risk of fraudulent behavior is low. 5 Consumers are increasingly asking for meaning behind what data they share with companies and to whom those companies share that information with as well. While some wait for Federal Trade Commission actions, others say companies should be more open with how and why they use the data, since many claim that this consumer data collection helps consumers. 6 4 "Privacy, Technology and National Security: An Overview of Intelligence Collection." The Brookings Institution. Brookings Institute, 19 July Web. 1 Aug < 5 Lenard, Thomas, and Paul Rubin. "Privacy and the Commercial Use of Personal Information: The Case of Customer Propriety Network Information.". Technology Policy Institute, 15 Aug Web. 1 Aug < 6 Baskin, Jonathan. "Beware a Public Debate About Data Privacy." Advertising Age Special Report 2013 Opinion Issue RSS. Advertising Age, 2 Jan Web. 1 Aug < opinion-issue/beware-a-public-debate-data-privacy/245801/>.

10 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 10 However, the debate must not be limited to the privacy impacts. There are very real and severe economic impacts of the information leaked by Edward Snowden, including loss of faith in American companies, crippling data protection laws, and cybersecurity. 7 Reports on the PRISM program claiming that the NSA was tapping into the servers of companies to obtain customer data has severely hindered the trust necessary for our technology companies, most notably cloud computing companies. American companies such as Dropbox and Amazon reported significant losses to overseas competition after the revelations, creating a large competitive advantage for non-american companies. 8 This loss of trust has largely influenced international sales, with companies such as IBM and Microsoft reporting late 2013 sales in places such as China down as a result of these revelations. 9 Additionally, the software vulnerabilities the NSA has been cataloguing and exploiting has left the door wide open for criminal operations which only serve to hurt and hinder the reputation and business of these technology companies. Laws in Cyberspace Borderless cyberspace has always raised questions of legality and now these issues are front and center. National data localization has become a hot topic across the globe, in an effort for these countries to protect their citizen s privacy rights. However, there are concerns about whether these efforts allow for easier censorship and surveillance over their local population. These laws further hamper the American technology industry which might have to set up local overseas data centers and costs of implementing such a policy. Localization of internet traffic will also change how internet traffic is routed, requiring a certain physical location instead of the most efficient route possible. 10 While the United States has been a prolonged proponent of a free, open and integrated global internet, after the NSA revelations the message has become muddled. The fallout from the revelations is that it discredits the agenda for a free internet, giving more life to the debate of internet regulations and governance, such as data localization. 11 In December 2010, the FCC passed its Open Internet Order, which is intended to provide Net Neutrality protections 7 Danielle Kehl, Kevin Bankston, Robyn Greene, and Robert Morgus. "Surveillance Costs: The NSA's Impact on the Economy, Internet Freedom & Cybersecurity." 8 Idem. 9 Idem. 10 Idem. 11 Idem.

11 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 11 (the idea all internet traffic should be treated the same by internet service providers) and protect the idea of an open Internet. 12 However, there has been a legal battle following from companies who wish to relax open Internet regulations as it hampers their business "Regulating Internet Access as a Public Utility: A Boomerang on Tech If It Happens." 13 "How to Save the Internet." Free Press. Save the Internet,

12 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 12 Timeline 1966 Freedom of Information Act 1974 Privacy Act of Foreign Intelligence Surveillance Act 1996 Telecommunications Act of Electronic Communications Privacy Act of 1986 SEP 2001 September 11 Attacks OCT 2001 USA Patriot Act 2002 Homeland Security Act JUNE 5, 2013 Edward Snowden Leaks OCT 2013 Freedom Act

13 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 13 Timeline Narrative 1966 Freedom of Information Act Enshrines the right to access information from the federal government Privacy Act of 1974 Established the code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies Foreign Intelligence Surveillance Act 1978 Authorizes electronic surveillance to obtain foreign intelligence information and established the Foreign Intelligence Surveillance Court Electronic Communications Privacy Act of 1986 Implements government restrictions on wire taps and electronic communications Telecommunications Act of 1996 Regulates the communications market, including the internet September 2001 September 11, 2001 Attacks October 2001 USA Patriot Act 2001Oct Homeland Security Act 2002 Established the Department of Homeland Security to prevent terrorist attacks, reduce vulnerability to terrorist attacks, and to minimize the damage of terrorist attacks "What is FOIA?." FOIA.gov. N.p., 1 Jan Web. 19 July < 15 "Privacy Act of 1974." Welcome to the United States Department of Justice. N.p., 1 Jan Web. 1 Aug < 16 McAdams, James. "Foreign Intelligence Surveillance Act: An Overview.". Federal Law Enforcement Training Centers, n.d. Web. 22 July < 17 Helft, Miguel, and Claire Miller. "Web Outruns Privacy Law." The New York Times. The New York Times, 9 Jan Web. 1 Aug < 18 "Homeland Security." Act of Department of Homeland Security, n.d. Web. 1 Aug <

14 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 14 June 2013 Edward Snowden Leaks June October 2013 USA Freedom Act (Bill) October 19, 2013 (Bill Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet- Collection and Online Monitoring Act) Aims to rein in collection of data and increase transparency of the Foreign Intelligence Security Court Current Situation In the present, the American public is still recovering from the shocking revelations of the Edward Snowden leaks. Happening only one-year prior, the event is still in the minds of the populace and remains as fuel for criticism towards the United States government. Companies utilize customer information as a tool of enhancing the consumer experience; however, they are dealing with accusations of lack of customer confidentiality. Public concerns of invasions of privacy are preset, yet the concern for security, while not immediately emphasized, is always relevant. As delegates of this committee, you must be prepared to represent your organization in the matters that concern the United States policies on security intelligence. Day one of this summit will start with debating the overall future of these issues, with each delegate standing up for what they want changed the most. From the results of the first meetings, there will be updates and changes that will require delegates to think on their feet to propose new changes and react to the events. Think carefully about what you want to accomplish and contingency plans if they fail!

15 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 15 Bibliography "What is FOIA?" FOIA.gov. N.p., 1 Jan Web. 19 July < "Privacy Act of 1974." Welcome to the United States Department of Justice. N.p., 1 Jan Web. 1 Aug < McAdams, James. "Foreign Intelligence Surveillance Act: An Overview." Federal Law Enforcement Training Centers, n.d. Web. 22 July < Helft, Miguel, and Claire Miller. "Web Outruns Privacy Law." The New York Times. The New York Times, 9 Jan Web. 1 Aug < "HowStuffWorks "How the Patriot Act Works". HowStuffWorks. N.p., n.d. Web. 1 Aug < "Homeland Security." Act of Department of Homeland Security, n.d. Web. 1 Aug < MacAskill, Ewen, Gabriel Dance, Feilding Cage, Greg Chen, Kenan Davis, Kenton Powell, and Nadja Popovich. "NSA files decoded: Edward Snowden's surveillance revelations explained." theguardian.com. Guardian News and Media, 1 Nov Web. 1 Aug. Foreign Intelligence Surveillance Court opinion, October 3, 2011 at 20, available at Kehl, Danielle, Kevin Bankston, Robyn Greene, and Robert Morgus. "Surveillance Costs: The NSA's Impact on the Economy, Internet Freedom & Cybersecurity.". Open Technology Institute, 1 July Web. 1 Aug < nal.pdf>. "Privacy, Technology and National Security: An Overview of Intelligence Collection." The Brookings Institution. Brookings Institute, 19 July Web. 1 Aug < <

16 SECURITY INTELLIGENCE GEORGIA TECH MODEL UNITED NATIONS XVII 16 Lenard, Thomas, and Paul Rubin. "Privacy and the Commercial Use of Personal Information: The Case of Customer Propriety Network Information.". Technology Policy Institute, 15 Aug Web. 1 Aug < Baskin, Jonathan. "Beware a Public Debate About Data Privacy." Advertising Age Special Report 2013 Opinion Issue RSS. Advertising Age, 2 Jan Web. 1 Aug < Kehl, Danielle, Kevin Bankston, Robyn Greene, and Robert Morgus. "Surveillance Costs: The NSA's Impact on the Economy, Internet Freedom & Cybersecurity.". Open Technology Institute, 1 July Web. 1 Aug < nal.pdf>. "Regulating Internet Access as a Public Utility: A Boomerang on Tech If It Happens." The Brookings Institution. Brookings Institute, 2 June Web. 1 Aug < "How to Save the Internet." Free Press. Save the Internet, n.d. Web. 1 Aug <