Hannah+and+William

Past 2NR's: 1ac: Zero Days 2nr: NATO CP + cyber deterrence 2nr: Oversights CP + cyber deterrence 2nr: Cyber deterence DA + case 2nr: Embassies Ptx

1ac: Court Drones 2nr: T-curtail 2nr: Court legitimacy da + Case

__1AC #1 - Islamophobia__ ====** Domestic surveillance is a militarized, extrajudicial tool used to target Muslims and black people birthed from COINTELPRO. We begin by telling the brief story of Luqman Abdullah, a Muslim imam and community activist who served thousands while renouncing violence. His peaceful community service couldn’t save him—he was “unfinished business” from COINTELPRO and was surveilled, infiltrated and assassinated by federal agents because he dared to challenge violent racial oppression. **==== __Death came instantly to Imam Luqman, as four FBI agents__ __AND__ suggested that Americans were more anxious about Muslim Americans being terrorists than they had been before. 16 ====** Luqman Abdullah’s story reveals that Islamophobic policies mask the worst forms of ongoing structural violence—The characterization of Muslims as inherently violent is used to excuse mass Western violence—challenging it independently exposes the structural violence of invasive state control and racism **==== As scholars such as Eqbal Ahmad AND __it, as we do to Islamist ideology. What governments call extremism is to a large degree a product of their own wars.__ ====** Islamophobia shapes US imperialist foreign policy—notions of western superiority are a critical tool to drum up support for militaristic and elitist interventions, creating a global order of inequality and destructiveness. **==== [09/11/13, Deepa Kumar is an Associate Professor of Media Studies and Middle Eastern Studies at the Rutgers University. She is the author of Islamophobia and the Politics of Empire and Outside the Box: Corporate Media, Globalization, and the UPS Strike being interviewed by Jessica Desvarieux, The Real News Network, “Twelve Years Post 9/11, Islamophobia Still Runs High”, http://truth-out.org/video/item/18759-twelve-years-post-9-11-islamophobia-still-runs-high] KUMAR: Absolutely not. I think __it is true that__ __AND__ , __it's truly horrific the extent to which Muslim Americans and people who look Muslim have been demonized since 9/11.__
 * Kundnani, 15 ** —Arun, Professor of Terror Studies and Media @ NYU & John Jay College, formerly a Fellow @ Leiden U (Netherlands), an Open Society Fellow, and Editor of Race and Class. __The Muslims are Coming! Islamophobia, Extremism and the Domestic War on Terror__, p. 1-5 –BR
 * Kundnani, 15 ** —Arun, Professor of Terror Studies and Media @ NYU & John Jay College, formerly a Fellow @ Leiden U (Netherlands), an Open Society Fellow, and Editor of Race and Class. __The Muslims are Coming! Islamophobia, Extremism and the Domestic War on Terror__, p. 21-25 –BR
 * Kumar 13 **

** The United States Federal government should curtail its domestic surveillance of the Muslim body. **
====** The popular conception of surveillance focuses on a series of wires, but violence against minority and anti-racist political activists goes deeper—Abdullah’s death is the latest in a long line of deadly uses of countersubversion through infiltration—this surveillance tactic has been used to disrupt challengers of institutionalized racism since the rise of COINTELPRO. The reading of the 1AC refuses the FBI’s attempt to silence dissent against American empire and opens up genuinely radical political alternatives by challenging institutional racism. **==== __Two main modes of thinking pervade the war on__ __AND__ __the political freedoms that have been lost__ in recent years __is the best approach__ to reducing so-called jihadist terrorism. ====** Centering our praxis in this space is key—interrogating islamophobia in educational settings is critical to establish a critical consciousness that enables larger political projects that break down status quo conceptions of what domestic surveillance is. **==== **Housee 12**, Senior Lecturer in Sociology [Jan. 04 2012, Shirin Housee works at the School of Humanities, Languages and Social Sciences, University of Wolverhampton, UK “What’s the point? Anti-racism and students’ voices against Islamophobia”, Volume 15, Issue 1] __Having reflected on__ __the two seminar sessions on__ __AND__ __can be fought against Islamophobia. It is to education that our attention should be directed__ .’ (162)
 * Kundnani, 15 ** —Arun, Professor of Terror Studies and Media @ NYU & John Jay College, formerly a Fellow @ Leiden U (Netherlands), an Open Society Fellow, and Editor of Race and Class. __The Muslims are Coming! Islamophobia, Extremism and the Domestic War on Terror__, p. 10-15 –BR

** Deconstructing and interrogating flawed assumptions behind Islamophobia is critical to establish a transformative and liberatory pedagogy that enables us as agents to challenge racist dynamics **
**Zine 4**, Professor of Sociology and Equity Studies [2004, Jasmin Zine is a researcher studying Muslims in the Canadian diaspora. She teaches graduate courses in the Department of Sociology and Equity Studies in Education at the Ontario Institute for Studies in Education of the University of Toronto in the areas of race and ethnicity, anti-racism education and critical ethnography., “Anti-Islamophobia Education as Transformative Pedadogy: Reflections from the Educational Front Lines”, American Journal of Islamic Social Sciences 21:3] __As an anti-racism scholar and educator__, fellow colleagues and I realized from as early as September 12 that __t__ __AND__ __important to exposing how power operates__ __through the politics of representation.__

**The war on terror has being brought to America in the form of aerial surveillance, making Orwell’s dystopia a reality**
AND drones introduction at this time.
 * Gohoshray 2013 **(Saby [President, Institute of Interdisciplinary Studies Director, Research, and Compliance WorldCompliance Company]; Domestic Surveillance Via Drones: Looking Through the Lens of the Fourth Amendment; 33 N. Ill. U. L. Rev. 579)

**As police forces become increasing paramilitarized, drones will be a critical tool to stifle and kill dissidents**
**Talai 14** - University of California, Berkeley, School of Law (Andrew, “The Fourth Amendment and Police Discretion in the Digital Age,” 102 Cal. L. Rev. 729, Lexis/SEP) Law enforcement agencies have begun deploying drones for routine domestic surveillance operations, unrestrained byconstitutional scrutiny. Indeed, Congress has mandated a AND “surveillance, [*741] arrest, [detention and] incarceration, and the use of force up to and including the authority to kill."

===** Bernd 2015 ** (Candice; Proposed Rules Regulating Domestic Drone Use Lack Police Warrant Requirement; Feb 24; www.truth-out.org/news/item/29250-proposed-rules-regulating-domestic-drone-use-lack-police-warrant-requirement; kdf)=== " __You're not just talking about the physical border, you're talking about an area that encompasses many major cities that have large minority populations,__ and the idea that these drones can AND There's federal dollars that are going to buy them, and we're kind of having the privacy debate after the fact with very little information."

**Furthermore, it will further exasperate structural racism**
Today, media reporting on government surveillance is laser- focused on the revelations by Edward Snowde n that millions of Americans were being spied on by the NSA. Yet my mother’s visit from the FBI AND the story of surveillance in the context of structural racism.
 * Cyril 2015 ** (Malkia Amala [under and executive director of the Center for Media Justice (CMJ) and co-founder of the Media Action Grassroots Network]; Black America's State of Surveillance; Mar 30; www.progressive.org/news/2015/03/188074/black-americas-state-surveillance; kdf)

**And, plans exist to weaponized police drones**
The use of drones by domestic US law enforcement agencies is growing rapidly, both in terms of numbers and types of usage. As a result, civil liberties and privacy groups led by the ACLU - while AND threats are from a domestic drone regime is the key first step in constructing that coalition.
 * Greenwald 2013 ** (Glenn [former columnist on civil liberties and US national security issues for the Guardian. An ex-constitutional lawyer]; The US Needs To Wake Up To Threat Of Domestic Drones; Mar 30; http://www.theguardian.com/commentisfree/2013/mar/29/domestic-drones-unique-dangers; kdf)

**Drones remove any public anonymity and create an omnipresent Panopticon**
Walking down the street. Driving a car. AND that attacks the idea of privacy as immoral, antisocial and part of the dissident cult of individualism. 140
 * Burow 2013 ** (Matthew L [Candidate for JD @ New England School of Law]; The Sentinel Clouds above the Nameless Crowd: Prosecuting Anonymity from Domestic Drones; 39 New Eng. J. on Crim. & Civ. Confinement 443; kdf)

**Empirically, this has this totalitarian state will be used to perpetuate genocide**
This Note has explored the philosophical and psychological effects of panoptic surveillance and the need for protection. AND In answering that question, we should look to the skies once again and pray to the better angels of our nature for a worthy answer.
 * Burow 2013 ** (Matthew L [Candidate for JD @ New England School of Law]; The Sentinel Clouds above the Nameless Crowd: Prosecuting Anonymity from Domestic Drones; 39 New Eng. J. on Crim. & Civ. Confinement 443; kdf)

Plan
====The United States federal government should curtail its aerial surveillance by ruling that such searches constitute a search within the Fourth Amendment and is unreasonable without a warrant, barring exigent circumstances.====

**First, requiring warrants on drones acts as a catalyst to jolt privacy law forward**
Simultaneously, the IHSS survey respondents indicated apprehensiveness over any domestic drone operations: two-thirds expressed concern over potential surveillance in homes or public areas; 65 percent were concerned AND The law must catch up with technology.
 * Ahsanuddin et al 2014 ** (Sadia - principal investigator for the report and MPAC research fellow; Domestic Drones: Implications for Privacy and Due Process in the United States; Sep 8; www.mpac.org/publications/policy-papers/domestic-drones.php; kdf)

**Second, the plan grants adversarial standing, making it possible to challenge the constitutionality of all surveillance programs**
Looking back at the events of 2013, in light of the extensive legislative history of government electronic surveillance, one can see the problems currently facing those who seek to AND Rather, it means a system where an adversarial process creates the proper balance between national security and the protection of individual privacy.
 * Correia 2014 ** (Evan RC [JD Candidate, 2015 @ Temple]; PULLING BACK THE VEIL OF SECRECY: STANDING TO CHALLENGE THE GOVERNMENT'S ELECTRONIC SURVEILLANCE ACTIVITIES; 24 Temp. Pol. & Civ. Rts. L. Rev. 185; kdf)

**Third, our precedent of the plan sets a constitutional floor for states & municipalities, and empirically will be modeled internationally**
To begin with, skeptics allege that legislations can more carefully analyze a problem, investigate potential solutions, impanel experts, and make far-reaching, nuanced policies AND T he judicial response offered in this Article would be but one more example of the courts exercising their proper role as a limited but effective policymakers.
 * Rushin 2011 ** (Stephen [PhD student at the University of California, Berkeley, Jurisprudence and Social Policy Program; J.D., University of California, Berkeley]; THE JUDICIAL RESPONSE TO MASS POLICE SURVEILLANCE; 2011 U. Ill. J.L. Tech. & Pol'y 281; kdf)

**Only court action on aerial surveillance solves privacy backsliding, keeps up with technology, and provides law enforcement with legal bright lines**
IV. ENSURING A REASONABLE FUTURE BY PREVENTING UNREASONABLE UAS SURVEILLANCE Speaking for the Supreme Court in Kyllo, Justice Scalia acknowledged that technological advances have reduced the privacy [*489] AND to ensure that privacy is protected from threats posed by new technologies. By adopting the rule proposed here, the courts would be acting in accordance with the precedent from Katz and would guarantee that UAS technology remains within the scope of Fourth Amendment protections.
 * Celso 2014 ** (Joel [JD Candidate U of Baltimore Law]; DRONING ON ABOUT THE FOURTH AMENDMENT: ADOPTING A REASONABLE FOURTH AMENDMENT JURISPRUDENCE TO PREVENT UNREASONABLE SEARCHES BY UNMANNED AIRCRAFT SYSTEMS; 43 U. Balt. L. Rev. 461; kdf)

**This is particularly important because current counter-terror initiatives are failing**
Throughout the 13-plus years of the war on terrorism, one line of effort that everyone in Washington agrees on is the necessity to counter the ideology put forth by terrorist groups. AND The emerging counterterrorism ideology that Washington is expressing is hazardous, illusory, and sadly unchallenged.
 * Zenko 2015 ** (Micah [Douglas Dillon fellow in the Center for Preventive Action @ CFR]; America's Virulent, Extremist Counterterrorism Ideology; May 21; foreignpolicy.com/2015/05/21/americas-virulent-extremist-counterterrorism-ideology-perpetual-war-islamic-state/; kdf)

**The judicial observer effect provides a counterweight that shifts executive decision-making towards more careful procedures as well as rights-sensitive policies**
**Deeks 13** – Assistant Professor of Law, University of Virginia Law School, Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State (Ashley S., “The Observer Effect: National Security Litigation, Executive Policy Changes, and Judicial Deference,” 82 Fordham Law Review 2, SEP) The observer effect provides an important counterweight to the executive’s instinct to prioritize national security equities at the expense of individual rights because the executive knows that the courts may be a future audience for its policies. AND Assuming that courts as a rule will favor policies that are more rights protective than those favored by the executive, this per ception of future judicial oversight will shift the substantive policyin a more rightssensitive direction. 156

**Governmental secrecy causes disasters – means all impacts EXCEPT privacy are inevitable**
OUR GOVERNMENT, LIKE OTHERS THROUGHOUT history, tells us that repressive, invasive, and paranoid national security policies are for our own good , especially in terms of our safety. Yet where do the prerogatives of a surveillance state driven by fear and governed by secrecy really take us? AND In other words, didn't Edward Snowden, regardless of the legality of his actions, actually make us safer?
 * Scheer 2015 **(Robert [Prof @ USC’s School of journalism and communication]; They Know Everything About You; Nation Books; p. 157-8; kdf)

**Util only thinking makes life not worth living**
**Albright ’14** – Research Analyst (Logan, "The NSA's Collateral Spying," Freedom Works, 7-8-15, []) In short, the report, based on information obtained by Edward Snowden, reveals that during the course of its ordinary, otherwise legal surveillance operations, the NSA also collected data on large numbers of people who were not specifically targeted. AND The disregard of these rules, and the argument that there should be a national security exception to the Fourth Amendment, undermines the entire purpose of the American experiment, and restores the European-style tyrannies the revolutionaries fought against.

**The threat of extinction cannot outweigh morality – survival**
__The value of survival could not be so readily abused were it not for its evocative power ____. __ AND  To put it more strongly, __if the price of survival is human degradation, then there is no moral reason why an effort should be made to ensure that survival. It would be the Pyrrhic victory to end all Pyrrhic victories __.
 * Callahan 1973 ** (Daniel, institute of Society and Ethics, The Tyranny of Survival, p. 91-3)

**Some risks are low enough to take out an impact**
The ethical worry is clearly put in the title of the influential paper: ANd Between these is a range of potentially problematic cases, but numerous factors, and not just the probability and magnitude of possible harm, influence their acceptability (see also Wolff 2006).
 * Hayenhjelm and Wolff 11 ** – associate professor at Department of Historical, Philosophical and Religious Studies at Umeå University AND Professor of Philosophy and Dean of the Faculty of Arts and Humanities at University College London [Madeleine and Jonathan, “The Moral Problem of Risk Impositions: A Survey of the Literature,” European Journal of Philosophy, pp. e32, 2011, Wiley, Accessed 6/27/15]//schnall

**Authors exaggerate terrorism – feeds political readers – be skeptical of the neg**
There is a tendency on the part of security policy advocates to hype security threats to obtain support for their desired policy outcomes. AND that the real nuclear threat resides where it always has resided-in national nuclear programs; but placing the threat where it properly belongs does not carry the public-relations frisson currently attached to the word “terrorism.”
 * Weiss 15 ** (Leonard [visiting scholar at Stanford University’s Center for International Security and Cooperation]; On fear and nuclear terror; Mar 3; Bulletin of the Atomic Scientists 2015, Vol. 71(2) 75–87; kdf)