Modern Private Data Collection and National Security Agency Surveillance: A Comprehensive Package of Solutions Addressing Domestic Surveillance Concerns
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Each day as we add cell phone apps, adopt trending tweets, or ask Siri for assistance, our information is being captured, stored, and even analyzed for repackaging in a profile. Private companies are working very hard to find the best ways to read consumers in the digital world to target them for advertisement. Meanwhile, the National Security Agency (NSA) is working very hard to stay connected to these big data collection methods to find the best way to target individuals for surveillance. This Comment provides insight into modern methods of NSA surveillance through examining section 215 USA Patriot Act and section 702 Foreign Intelligence Surveillance Act (FISA) surveillance practices. Part I uncovers data collection and surveillance controversies that emerged in the media in 2013, sparking global privacy concerns about section 702 warrantless surveillance and section 215 mass domestic and foreign business communication records collection. In Part II, this Comment delves into the history of NSA surveillance, developing case law, and proposed legislation. Part III explores how big data surveillance works and reveals the connections between NSA surveillance and private companies. Part IV discusses the Federal Trade Commission (FTC) and emerging policy on big data collection in the private realm. Part V forms a comprehensive package of solutions by merging NSA and FTC proposals to remedy past and future surveillance issues. Finally, Part VI concludes with the author’s top suggestions for the legislature, judiciary, and executive to preserve domestic privacy in an era of big data collection.