Procedures

• INTRODUCTION

  First, students will read the text of the 4th Amendment and explain its meaning. Then, the class will watch a video clip that explains how the 4th Amendment applies to electronic surveillance. The teacher will then explain a few key developments in electronic surveillance and instruct the students to watch a series of video clips presenting various arguments about the necessity of electronic surveillance. Finally, students will deliberate the extent to which the government can conduct electronic surveillance.

• STEP 1.

  Display the text of the 4th Amendment on the screen or write it on the board. As a “do now”, ask students to explain in a few sentences what the amendment means. Have several students share their explanations, and briefly discuss any key disagreements that arise.

• STEP 2.

  Explain that one current disagreement over the 4th Amendment is whether or not the government can collect data about people’s electronic communications without a warrant. Watch the introductory video clip, and discuss the difference between regular wiretaps and FISA requests.

  VIDEO CLIP: Electronic Surveillance and Oversight (9:33) In this book discussion on the Patriot Act, Mr. Rotenberg discusses changes in electronic surveillance over time and how important it is to have oversight.

• STEP 3.

  Briefly explain a timeline of events relating to electronic surveillance:

  2001 - The PATRIOT Act is passed. Makes it easier for FBI to wiretap people for national security reasons.

  2005 – The New York Times reports that President Bush gave the NSA authority to wiretap certain international phone calls without a warrant.

  2013 – The Guardian reports that the NSA has a huge database of “telephony metadata,” information about phone calls, including data from ordinary citizens who are not suspected of involvement with terrorism.

• STEP 4.

  Have the students watch the collection of video clips alone or in small groups. While watching the clips, they should use them to consider the following questions and then discuss them in small groups:

  • Does secret electronic surveillance help the government fight terrorism?

  • Does electronic surveillance have to be secret?

  • Does secret electronic surveillance violate our 4th Amendment rights?

• VIDEOS

  Importance of Data Mining (6:21) FBI Director Robert Mueller's response to questions by Sen. Diane Feinstein regarding the NSA's database of phone metadata and investigations of terrorism.

  4th Amendment, Wiretaps, and Terrorism (2:51) In this panel discussion, members highlight the way 4th amendment protections have been weakened since 9/11/2001.

  4th Amendment and Warrantless Wiretapping (1:18) Attorney General Gonzales answers questions from Sen. Feingold regarding the Bush administration's warrantless wiretapping programs.

  Argument in Favor of Patriot Act (2:07) Former assistant attorney general, Dinh, makes an argument for why the government needs increased surveillance and crime fighting tools in its portfolio. Good quote about the purpose of the Justice Department.

  Argument for Patriot Act and Law Enforcement (3:03) In this clip from a panel discussion in security and civil liberties, the speaker makes an argument that the Patriot Act is not objectionable on civil liberties grounds. Instead, it is a necessary way to beef up the investigative power of law enforcement in special circumstances.

  Balance in 4th Amendment (3:43) Author Amitai Etzioni, in introducing his book "How Patriotic is the Patriot Act," discusses the importance of balancing principals in policy and the Constitution. Specifically, he refers to the nature of reasonable vs unreasonable searches and seizures.

  Price of Transparency (3:14) FBI Director Robert Mueller's response to a question from Sen. Al Franken regarding transparency in surveillance programs.

• STEP 5.

  Have each small group report their findings, then wrap up with a class discussion and assign the desired follow up activity.

• Potential Follow-Up Assignments and/or Homework

  1. Students take on the role of White House Counsel and write a one page memo explaining under what circumstances (if any) secret electronic surveillance is legal.

  2. Conduct small group or a whole class deliberation. Each group (or the whole class) must come to a consensus about the circumstances under which it thinks secret electronic surveillance should be allowed, and they should represent this in a resolution that is agreed to unanimously.

  3. Students create a poster illustrating the meaning of the 4th Amendment. Their interpretation should include a statement about the applicability of the 4th Amendment to electronic surveillance and new technologies.