Zach+Babat+and+Erica+Tashma

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.====

**The war on terror has being brought to America in the form of aerial surveillance, making Orwell’s dystopia a reality**

 * 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)

Imagine for a moment. A scenic drive along a picturesque highway, it is AND may present a strong rationale for rejecting drones introduction at this time.

**As police forces become increasingly militarized, 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 by AND and the use of force up to and including the authority to kill."

**This will disproportionately impact communities of color**
"You're not just talking about the physical border, you're talking about an area AND kind of having the privacy debate after the fact with very little information."
 * 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)

**Furthermore, it will further exasperate structural racism**
Today, media reporting on government surveillance is laser-focused on the revelations by AND failed to tell 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)

**Plans exist to weaponize police drones**
The use of drones by domestic US law enforcement agencies is growing rapidly, both AND 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. Sitting on a park bench. AND 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)

**The surveillance state violates the spirit of the fourth amendment and guarantees tyranny.**
Recognizing a constitutional interest in quantitative privacy buttresses Fourth Amendment defenses against a surveillance state AND the Fourth Amendment as a bulwark against the rise of a surveillance state.
 * Gray and Citron 13 ** [David and Danielle, University of Maryland Francis King Carey School of Law and University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project; Stanford Law School Center for Internet and Society, “The Right to Quantitative Privacy”, Minnesota Law Review, Vol. 98, 2013, March 5, 2013]

**Only court action on aerial surveillance solves privacy backsliding, keeps up with technology, and provides law enforcement with legal brightlines**
IV. ENSURING A REASONABLE FUTURE BY PREVENTING UNREASONABLE UAS SURVEILLANCE Speaking for the Supreme 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)

**A Supreme Court ruling on aerial surveillance is __uniquely key__ to revitalizing 4th Amendment’s ability to protect privacy and to stop the onslaught of advancing technologies**
[*493] The Katz reasonable expectation of privacy test has been criticized for its AND even the widespread use of UAS will not erode society's legitimate privacy expectations.
 * 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)

**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 AND to civil liberties is profound. 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)

**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 AND 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)


 * Framing **

**Reject ‘hotspot’ impacts in favor of working against the ongoing extinctions of people of color**
[1989, Barbara Omolade is a historian of black women for the past twenty years and an organizer in both the women’s and civil rights/black power movements, “We Speak for the Planet” in “Rocking the ship of state : toward a feminist peace politics”, pp. 172-176] Recent efforts by Soviet leader Mikhail Gorbachev and President Ronald Reagan to limit nuclear testing AND is a threat to world peace as pervasive and thorough as nuclear war.
 * Omolade 89 **

**Reject their magnitude first claims – can’t calculate effects with low probability and not real world**
6.2. Assessing the Probability for Harm Ultimately the issue of probability is AND in such cases cost-beneﬁt analysis appears little help (Hansson 2009).
 * 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. e35-e37, 2011, Wiley, Accessed 6/27/15]//schnall

**Err on the side of probability to check psychological bias toward long improbable internal link chains – studies prove**
The conjunction fallacy similarly applies to futurological forecasts. Two independent sets of professional analysts AND a futurist, disjunctions make for an awkward and unpoetic-sounding prophecy.
 * Yudkowsky 8 ** – cofounder of Machine Intelligence Research Institute [Eliezer, research fellow at MIRI, “Cognitive Biases Potentially Affecting Judgment of Global Risks,” Machine Intelligence Research Institute, pp. 7-8, 2008, [], Accessed 6/29/15]

** Utilitarianism can’t coherently guide action – too many competing risks. **
There is a flaw in Utilitarianism that is one step beyond the problem mentioned above AND Gigantic, impenetrable co-ordination problems result.
 * Read 9 ** [Rupert, Reader in Philosophy at the University of East Anglia, “The difference principle is not action-guiding”, http://www.rupertread.fastmail.co.uk/The%20difference%20principle%20is%20not%20action%20guiding.doc]

**Even if consequentialism is generally good, we must have moral side constraints – some immoral actions must never be allowed no matter what the consequences are**
Many people feel, without being able to say much more about it, that AND ease the consciences of those responsible for a certain number of charred babies.
 * Nagel 1979 ** (Thomas, Philosopher, Mortal Questions, p 58-59)

**Their authors’ predictions are wrong — hundreds of studies have proven**
It is the somewhat gratifying lesson of Philip Tetlock’s new book, “Expert Political AND swerves in the short run, but the long run irons them out.
 * MENAND 2005** (Louis, “Everybody’s an Expert,” The New Yorker, December 2005, http://www.newyorker.com/archive/2005/12/05/051205crbo_books1?currentPage=1)

**No great power war—domestic preoccupations and independence—at worst it will be proxy wars**
In sum, power is now more evenly distributed in the international system. As AND powers are unable to impose their will or even agree on desirable outcomes.
 * Menon 15 ** [Shivshankar, fellow at the Foreign Policy program at Brookings Institute, “How great power competition has changed”, Brookings, May 4 2015, []] AW

**No nuke war – rational actors and mutually assured destruction**
Next year will be the seventieth anniversary of the end of the last global conflict AND More importantly, nobody in power wants to be the cause of Armageddon.
 * Aziz 14** (John Aziz is staff writer at The Week. "Don't worry: World War III will almost certainly never happen," The Week, March 6, 2014. theweek.com/articles/449783/dont-worry-world-war-iii-almost-certainly-never-happen) //jsk//

**(Optional) Terrorism overblown by media and gets disproportional attention**
(Stephen M., 4/22/13, “America the skittish”) The more I think about the events that transfixed Boston and the nation last week AND and not enough on the problems on which many more lives ultimately depend.
 * Walt ,** professor of International Affairs at Harvard, 4/22/13

PAST 2NRs

 * You should know that Erica is the 2N, she is normally a 2A. When Zach was the 2N, he went for Neoliberalism one round and the Legalism/Artistry/Hirn K the other round. **