terr***Backdoor Case Neg*** Notes Problem Areas CALEA exception to secure data act https://www.eff.org/deeplinks/2013/05/caleatwo Mandates ==/ circumvention No way to patch up current backdoors cards Off case positions Links hard to Bubble DA, terrorism DA Dark web DA Miscellaneous Most ST advantages can be answered by the cards in the KQ advantages http://www.techrepublic.com/blog/tech-sanity-check/sanitycheck-is-the-us-losing-its-role-as-the-world-leader-ininformation-technology/ https://medium.com/homeland-security/cyber-geopoliticsa45fc698a3a1 https://www.fas.org/sgp/crs/misc/R44101.pdf Fix cites for last two cards Fix link Case KQ Cybersecurity/ST Critical Infrustructure 1NC Banning backdoors would result in an increase in cybercrime. The chance that a backdoor would create vulnerability is outweighed by the creation of an online zone that protects all types of criminals. Cordero 04/20/15 (Carrie Cordero is a former counsel in the Justice Department’s nationalsecurity division an attorney in private practice and the director of national-security studies at Georgetown Law, 20 April 2015, “Should Law Enforcement Have the Ability to Access Encrypted Communications? – Wall Street Journal” http://lawnews.harvardbusinesslawreview.com/should-law-enforcement-have-the-ability-toaccess-encrypted-communications-wall-street-journal/) We can’t fight terrorism and violent crime in the dark. But that is where we’re headed if lawenforcement and intelligence officials are denied the legal access they need.¶ The fact is, communications companies often hold information that law-enforcement and national-security agencies require to pursue criminal investigations and forestall potential threats. Up until recently, agents of the government could generally file requests for court orders that, if approved, compel the companies to provide the requested information. Congress in the 1990s passed the Communications Assistance for Law Enforcement Act, or Calea, to facilitate private-sector cooperation with law enforcement. This act required telecommunications companies to configure their systems in a way that would enable them to effectively respond to court orders.¶ But Calea predated email, cloud storage and social-media platforms. Officials now have to cope with situations and technologies that the law did not anticipate. Moreover, recent congressional proposals, such as the Secure Data Act, threaten to prohibit the government from requiring that companies design or modify communications systems or products to facilitate government requests for data.¶ Justice denied?¶ Driven by increased concerns about government surveillance and consumer privacy, the technology industry has accelerated the deployment of advanced encryption technology for consumers and businesses. Apple Chief Executive Tim Cook has said that his company won’t even be able to comply with court subpoenas involving its iMessage service because the encryption is undecipherable by Apple itself. ¶ Therein lies the problem. If companies can’t decode messages or retain a means to unlock devices of their customers, court orders requiring the companies to hand over messages, passwords or keys will be meaningless. An alternative suggested by some that courts compel suspects to hand over their devices and passwords is not realistic, considering the types of crimes and threats the U.S. government is most worried about. As a result, a violent crime may go unsolved; a terrorist attack may not be thwarted; a victim may not see justice.¶ It’s true that encryption wasn’t on the table when Calea was passed in 1994. But it wasn’t widely available to consumers then. Today, with some companies installing unbreakable codes on their devices by default, a way for law enforcement to gain access must be on the table.¶ Weighing the risks¶ To resolve this stalemate, society will need to weigh two risks: the potential risk of having some degree of vulnerability in the design of modern communications, and the danger of failing to provide citizens with basic levels of protection and security.¶ Critics point out that the existence of some kind of a key entails a risk that the key will be exploited. Is that truly worse than the risk of creating a virtual law-enforcement-free zone that protects criminal activity? The Supreme Court has said that a search warrant is “an important working part of our machinery of government.” Cyber terror is hyped up by the government agencies and reporters for publicity and personal gain – don’t take their authors seriously. Lee and Rid November 2014 (Robert M. Lee, active-duty US Air Force cyber-warfare operations officer, and Thomas Rid, professor of security studies at King’s College London, November 2014, “OMG CYBER! THIRTEEN REASONS WHY HYPE MAKES FOR BAD POLICY”, http://www.tandfonline.com/doi/pdf/10.1080/03071847.2014.969932) Cyber is piping hot – and now¶ more so than ever, with several scary precedents being set over the course of the last year. In late 2013,¶ a massive security breach at Target, a¶ major American retailer, compromised¶ the credit-card data of as many as¶ 40 million customers. A few months¶ later, in May 2014, eBay suffered an¶ even bigger breach that affected 145¶ million accounts. In September, intruders¶ stole 56 million customer credit-card¶ numbers from Home Depot,aUS home improvement chain. Also in 2014, in another first, the US Department of Justice indicted five serving members of China’s People’s Liberation Army (PLA) for stealing industrial secrets from¶ several companies based in the Western¶ District of Pennsylvania. Meanwhile,¶ Eastern European criminal syndicates¶ are busier than ever; ‘Cybercrime¶ is anonymous, sophisticated, and¶ international – and Russian’, says Lee¶ Miles, deputy head of the UK’s National¶ Cyber Crime Unit.1¶ In 2014, the market¶ for information-security spending topped¶ $70 billion.2¶ In September, NATO agreed¶ that a cyber-attack could trigger a military¶ response.¶ In the US, all of this nurtures hype; and the Washington Beltway forms the ideal Petri dish in which to cultivate the alarmism – several parties think that overstating ‘cyber’ is in their own best interest. Security firms like a clearly stated threat in order to sell their security products. Contractors capitalise on fear¶ to get funding from the executive branch.¶ The Pentagon finds a bit of hype useful to keep the money coming in. The armed¶ services each eye a larger slice of the¶ budget pie. The White House loves some good cyber-angst to nudge law-makers into action. Fear of Chinese cyber-attack makes it easier for members of Congress to relate to voters. Reporting cyber-war means that journalists sell more copy. Academics get quotations and attention¶ from the buzz. Hype up cyber, and everybody wins. However, the real question is whether ramping up the threat of cyberattack is really in everybody’s interest.¶ There are downsides to this dynamic.¶ This article argues that cyber is ‘hyped¶ out’. Overstating the threat does not just¶ have benefits (for some): it also comes with significant costs. The benefits are¶ short-lived and easy to spot, whereas¶ the costs are long-term and harder to¶ understand – and they are piling up fast¶ and high. Indeed, they are so high that¶ the debate inches towards a turning point¶ for all parties involved. Here are thirteen¶ reasons why a more nuanced debate is¶ needed. No risk of a blackout on grids because of a cyberattack Perera 9/10/14 (David Perera is a cybersecurity reporter for POLITICO Pro, 9/10/14, “U.S. grid safe from large-scale attack, experts say” http://www.politico.com/story/2014/09/power-grid-safety-110815.html#ixzz3gTzSBgeP) The specter of a large-scale, destructive attack on the U.S. power grid is at the center of much strategic thinking about Cybersecurity. For years, Americans have been warned by a bevy of would-be Cassandras in Congress, the administration and the press that hackers are poised to shut it down.¶ But in fact, the half-dozen security experts interviewed for this article agreed it’s virtually impossible for an online-only attack to cause a widespread or prolonged outage of the North American power grid. Even laying the groundwork for such a cyber operation could qualify as an act of war against the U.S. — a line that few nation-state-backed hacker crews would wish to cross. None denied that determined hackers could penetrate the networks of bulk power providers. But there’s a huge gap between that and causing a civilization-ending sustained outage of the grid.¶ Electrical-grid hacking scenarios mostly overlook the engineering expertise necessary to intentionally cause harm to the grid, say experts knowledgeable about the power generators and high voltage transmission entities that constitute the backbone of the grid — what’s called the bulk power system.¶ There’s also the enormity of the grid and diversity of its equipment to consider. “The grid is designed to lose utilities all the time,” said Patrick Miller, founder and director of the Energy Sector Security Consortium. “I’m not trying to trivialize the situation, but you’re not really able to cause this nationwide cascading failure for any extended duration of time,” he added.¶ “It’s just not possible.”¶ ICS security in a nutshell¶ Controlling the boilers, fans, valves and switches and other mechanical devices that turn raw inputs and highvoltage transmission into flip-of-a-switch electricity is a class of computers known as industrial control systems. Supervisory Control and Data Acquisition Systems, or SCADA, is a type of ICS.¶ ICSs aren’t general purpose computers like desktops. At the level of direct control over electromechanical processes — via a device often classified as a Programmable Logic Controller — programming is mainly done in specialized languages on obscure operating systems. Even just accessing a PLC requires particular software. Hiding malware in field devices is difficult to impossible. Many of the devices “aren’t running multi-thread, multi-tasking operations like our laptops,” noted Chris Blask, chair of the Industrial Control System Information Sharing and Analysis Center.¶ And penetration is just a starting point. “Just hacking into the system, and even taking complete control of a computer or crashing a bunch of computers, won’t necessarily bring down the bulk electric system,” said Dale Peterson, founder of Digital Bond, an industrial control system cybersecurity consultancy.¶ For example, hackers could cause a SCADA system to crash, causing grid operators to lose system visibility — decidedly not a good thing. But the grid doesn’t need the SCADA system to continue operating. “There has to be an understanding that simply taking out the cyber assets doesn’t cause a blackout,” Peterson said. Too many alt causes on the nuclear exchange impact for them to ever solve. This is their author. Fritz 9 (Jason, Master in International Relations from Bond, BS from St. Cloud), “Hacking Nuclear Command and Control,” International Commission on Nuclear Non-proliferation and Disarmament, 2009, pnnd.org) Computers which operate on a closed network may also be compromised by various hacker methods, such as privilege escalation, roaming notebooks, wireless access points, embedded exploits in software and hardware, and maintenance entry points. For example, e-mail spoofing targeted at individuals who have access to a closed network, could lead to the installation of a virus on an open network. This All computers which are connected to the internet are susceptible to infiltration and remote control. virus could then be carelessly transported on removable data storage between the open and closed network. Information found on the internet may also reveal how to access these closed networks directly. Efforts by militaries to place increasing reliance on computer networks, including experimental technology such as autonomous systems, and their desire to have multiple launch options, such as nuclear triad capability, enables multiple entry points for terrorists. For example, if a terrestrial command centre is There is evidence to suggest multiple attempts have been made by hackers to compromise the extremely low radio frequency once used by the US Navy to send nuclear launch approval to submerged submarines. impenetrable, perhaps isolating one nuclear armed submarine would prove an easier task. Additionally, the alleged Soviet system known as Perimetr was designed to automatically launch nuclear weapons if it was unable to establish communications with Soviet leadership. This was intended as a retaliatory response in the event that nuclear weapons had decapitated Soviet leadership; however it did not account for the possibility of cyber terrorists blocking communications through computer network operations in an attempt to engage the system. Nuclear weapon systems are air-gapped to prevent hacking Weimann 04 (Gabriel Weimann is a Full Professor of Communication at the Department of Communication at Haifa University, 2004 “Cyberterrorism How Real Is the Threat?” http://www.usip.org/sites/default/files/sr119.pdf) Many computer security experts do not believe that it is possible to use the Internet¶ to inflict death on a large scale. Some pointed out that the resilience of computer systems¶ to attack is the result of significant investments of time, money, and expertise. As Green¶ describes, nuclear weapons systems are protected by “air-gapping”: they are not connected to¶ the Internet or to any open computer network and thus they cannot be accessed by intruders, terrorists, or hackers. Thus, for example, the Defense Department protects sensitive systems by isolating them from the Internet and even from the Pentagon’s own internal network. The CIA’s classified computers are also air-gapped, as is the FBI’s entire computer system.¶ The 9/11 events and the subsequent growing awareness of cyberterror highlighted other¶ potential targets for such attacks. In 2002, Senator Charles Schumer (D-N.Y.) described “the¶ absolute havoc and devastation that would result if cyberterrorists suddenly shut down our air¶ traffic control system, with thousands of planes in mid-flight.” However, argues Green, “cybersecurity¶ experts give some of their highest marks to the Federal Aviation Authority, which reasonably¶ separates its administrative and air traffic control systems and strictly air-gaps the latter.”¶ ‘ Majority of hackers would either not have self-interest to hack in or not have the capability too. Weimann 04 (Gabriel Weimann is a Full Professor of Communication at the Department of Communication at Haifa University, 2004 “Cyberterrorism How Real Is the Threat?” http://www.usip.org/sites/default/files/sr119.pdf) To assess the potential threat of cyberterrorism, experts such as Denning suggest that two questions be asked: Are there targets that are vulnerable to cyberattacks? And are there actors with the capability and motivation to carry out such attacks? The answer to¶ the first question is yes: critical infrastructure systems are complex and therefore bound¶ to contain weaknesses that might be exploited, and even systems that seem “hardened”¶ to outside manipulation might be accessed by insiders, acting alone or in concert with¶ terrorists, to cause considerable harm. But what of the second question?¶ According to Green, “few besides a company’s own employees possess the specific¶ technical know-how required to run a specialized SCADA system.” There is, of course, the¶ possibility of terrorists recruiting employees or ex-employees of targeted companies or systems.¶ In April 2002, an Australian man attempted to use the Internet to release a million¶ gallons of raw sewage along Queensland’s Sunshine Coast. The police discovered that he¶ had worked for the company that designed the sewage treatment plant’s control software.¶ It is possible, of course, that such disgruntled employees might be recruited by terrorist¶ groups, but even if the terrorists did enlist inside help, the degree of damage they could¶ cause would still be limited. As Green argues, the employees of companies that handle¶ power grids, oil and gas utilities, and communications are well rehearsed in dealing with the¶ fallout from hurricanes, floods, tornadoes, and other natural disasters. They are also equally¶ adept at containing and remedying problems that stem from human action.¶ Denning draws our attention to a report, “Cyberterror: Prospects and Implications,”¶ published in August 1999 by the Center for the Study of Terrorism and Irregular Warfare¶ at the Naval Postgraduate School (NPS) in Monterey, California. The report, explains Denning,¶ shows that terrorists generally lack the wherewithal and human capital needed to¶ mount attacks that involve more than annoying but relatively harmless hacks. The study¶ examined five types of terrorist groups: religious, New Age, ethnonationalist separatist,¶ revolutionary, and far-right extremist. Of these, only the religious groups were adjudged¶ likely to seek the capacity to inflict massive damage. Hacker groups, the study determined, are psychologically and organizationally ill suited to cyberterrorism, and any massive¶ disruption of the information infrastructure would run counter to their self-interest.¶ A year later, in October 2000, the NPS group issued a second report, this one examining¶ the decision-making process by which substate groups engaged in armed resistance develop¶ new operational methods, including cyberterrorism. This report also shows that while substate¶ groups may find cyberterror attractive as a nonlethal weapon, terrorists have not yet¶ integrated information technology into their strategy and tactics and that significant barriers¶ between hackers and terrorists may prevent their integration into one group.¶ Another illustration of the limited likelihood of terrorists launching a highly damaging¶ cyberattack comes from a simulation sponsored by the U.S. Naval War College. The college¶ contracted with a research group to simulate a massive cyberattack on the nation’s¶ information infrastructure. Government hackers and security analysts met in July 2002¶ in Newport, R.I., and conducted a joint war game dubbed “Digital Pearl Harbor.” The¶ results were far from devastating: the hackers failed to crash the Internet, although they¶ did cause sporadic damage. According to a CNet.com report on the exercise published in¶ August 2002, officials concluded that terrorists hoping to stage such an attack “would¶ require a syndicate with significant resources, including $200 million, country-level intelligence¶ and five years of preparation time.” . Extensions of Air-Gapping Solves Air gaps completely disconnected from the internet Peterson 11 (Dale G Peterson, 19 July 2011, “Air Gaps Dead, Network Isolation Making a Comeback” http://www.digitalbond.com/blog/2011/07/19/air-gaps-dead-network-isolationmaking-a-comeback/) Old-school air gaps are still used routinely, in very sensitive installations, in classified government installations, and in very cautious installations. For example, the water sector still uses air gaps routinely, and many sectors use true air gaps to isolate safety systems. The benefits of true air gaps are clear – absolute protection from certain classes of network-based threats. If you have a true air gap – complete disconnection of some or all of your control network from any external network – then that system is invulnerable to distributed denial of service attacks, remote control attacks, worms and any other networkbased attack originating on an external network, including the Internet. Extensions of Turns Case Turns case – not allowing vulnerabilities in data for decryption results in harmful infringements to solving of general crimes, terrorism, and increases chance of other nation-states’ hackers exploiting our cyber-defenses. Comey 07/08/15 (James B. Comey, Director of Federal Bureau of Investigation, Jul 8, 2015, “Going Dark: Encryption, Technology, and the Balances Between Public Safety and Privacy”, https://www.fbi.gov/news/testimony/going-dark-encryption-technology-and-the-balancesbetween-public-safety-and-privacy) In recent years, new methods of electronic communication have transformed our society, most visibly by enabling ubiquitous digital communications and facilitating broad e-commerce. As such, it is important for our global economy and our national security to have strong encryption standards. The development and robust adoption of strong encryption is a key tool to secure commerce and trade, safeguard private information, promote free expression and association, and strengthen cyber security. The Department is on the frontlines of the fight against cyber crime, and we know first-hand the damage that can be caused by those who exploit vulnerable and insecure systems. We support and encourage the use of secure networks to prevent cyber threats to our critical national infrastructure, our intellectual property, and our data so as to promote our overall safety. American citizens care deeply about privacy, and rightly so. Many companies have been responding to a market demand for products and services that protect the privacy and security of their customers. This has generated positive innovation that has been crucial to the digital economy. We, too, care about these important principles. Indeed, it is our obligation to have always respected the fundamental right of people to engage in private communications, regardless of the medium or technology. Whether it is instant uphold civil liberties, including the right to privacy. We messages, texts, or old-fashioned letters, citizens have the right to communicate with one another in private without unauthorized government surveillance—not simply because the Constitution demands it, but because the free flow of information is vital to a thriving democracy. The benefits of our increasingly digital lives, however, have been accompanied by new dangers, and we have been forced to consider how criminals and terrorists might use advances in technology to their advantage. For example, malicious actors can take advantage of the Internet to covertly plot violent robberies, murders, and kidnappings; sex offenders can establish virtual communities to buy, sell, and encourage the creation of new depictions of horrific sexual abuse of children; and individuals, organized criminal networks, and nation-states can exploit weaknesses in our cyber-defenses to steal our sensitive, personal information. Investigating and prosecuting these offenders is a core responsibility and priority of the Department of Justice. As national security and criminal threats continue to evolve, the Department has worked hard to stay ahead of changing threats and changing technology. We must ensure both the fundamental right of people to engage in private communications as well as the protection of the public. One of the bedrock principles upon which we rely to guide us is the principle of judicial authorization: that if an independent judge finds reason to believe that certain private communications contain evidence of a crime, then the government can conduct a limited search for that evidence. For example, by having a neutral arbiter—the judge—evaluate whether the government’s evidence satisfies the appropriate standard, we have been able to protect the public and safeguard citizens’ Constitutional rights. The Department of Justice has been and will always be committed to protecting the liberty and security of those whom we serve. In recent months, however, we have on a new scale seen mainstream products and services designed in a way that gives users sole control over access to their data. As a result, law enforcement is sometimes unable to recover the content of electronic communications from the technology provider even in response to a court order or duly-authorized warrant issued by a federal judge. For example, many communications services now encrypt certain communications by default, with the key necessary to decrypt the communications solely in the hands of the end user. This applies both when the data is “in motion” over electronic networks, or “at rest” on an electronic device. If the communications provider is served with a warrant seeking those communications, the provider cannot provide the data because it has designed the technology such that it cannot be accessed by any third party. Threats¶ The more we as a society rely on electronic devices to communicate and store information, the more likely it is that information that was once found in filing cabinets, letters, and photo albums will now be stored only in electronic form. We have seen case after case—from homicides and kidnappings, to drug trafficking, financial fraud, and child exploitation—where critical evidence came from smart phones, computers, and online communications.¶ When changes in technology hinder law enforcement’s ability to exercise investigative tools and follow critical leads, we may not be able to identify and stop terrorists who are using social media to recruit, plan, and execute an attack in our country. We may not be able to root out the child predators hiding in the shadows of the Internet, or find and arrest violent criminals who are targeting our neighborhoods. We may not be able to recover critical information from a device that belongs to a victim who cannot provide us with the password, especially when time is of the essence.¶ These are not just theoretical concerns. We continue to identify individuals who seek to join the ranks of foreign fighters traveling in support of the Islamic State of Iraq and the Levant, commonly known as ISIL, and also homegrown violent extremists who may aspire to attack the United States from within. These threats remain among the highest priorities for the Department of Justice, including the FBI, and the United States government as a whole.¶ Of course, encryption is not the only technology terrorists and criminals use to further their ends. Terrorist groups, such as ISIL, use the Internet to great effect. With the widespread horizontal distribution of social media, terrorists can spot, assess, recruit, and radicalize vulnerable individuals of all ages in the United States either to travel or to conduct a homeland attack. As a result, foreign terrorist organizations now have direct access into the United States like never before. For example, in recent arrests, a group of individuals was contacted by a known ISIL supporter who had already successfully traveled to Syria and encouraged them to do the same. Some of these conversations occur in publicly accessed social networking sites, but others take place via private messaging platforms. These encrypted direct messaging platforms are tremendously problematic when used by terrorist plotters. Extensions of All Hype Cybersecurity discourse based upon overexagerration. Stanley 04/26/12 (Jay Stanley, APRIL 26, 2012, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project, “Cybersecurity Myths: Beware the Hype” https://www.aclu.org/blog/cybersecurity-myths-beware-hype) Much current cybersecurity discourse is inspired by a vivid and compelling image: terrorists remotely taking over dams, nuclear power plants or other critical infrastructure in order to wreak havoc and kill large numbers of Americans. In one revealing incident, congressional staffers pushing for new government powers argued that their legislation was needed to prevent cyber attackers from accessing a system that could “cause the floodgates to come open at the Hoover Dam and kill thousands of people.” There’s only one problem: officials at the Dam told reporters that “Hoover Dam and important facilities like it are not connected to the internet.” The incident shows that threat inflation combined with the power of a vivid image or narrative can override facts and drive policy. Congress should be aware of the facts before charging forward with privacy-busting legislation like the Cyber Intelligence Sharing and Protection Act. Alarming cybersecurity stories continue to appear in the media. Even an attentive reader of the news over the past half-decade could be forgiven for believing that hackers have infiltrated the U.S. electricity grid, caused blackouts, and vandalized a local U.S. utility. When examined closely, however, none of those incidents holds up as an example of the dangers of cybersecurity vulnerabilities:¶ •In repeated statements – mostly vague hints and claims by unnamed security agency officials – government agents have suggested that power grids have been targeted by spies , and that two U.S. blackouts were caused by hackers. Some cybersecurity officials reportedly claimed that the massive 2003 blackout that cut power across 8 U.S. states had been traced to China. But, a detailed 228-page investigation by the North American Electric Reliability Corporation pointed to numerous sources of the problem, a list that did not include hackers.¶ •The CIA and President Obama have claimed that cyberattacks caused a blackout overseas, apparently in Brazil. However, Brazilian government experts who investigated the blackout for a year concluded that online attacks had nothing to do with the outage (the real cause was negligent maintenance by a power company) – and that the control systems for Brazil’s grid are (smartly) not even directly connected to the internet. KQ Tech Leadership 1NC Alt Cause – CALEA and future reforms of it will kill tech innovation EFF 13( EFF is a leading nonprofit organization defending civil liberties in the digital world, 2013-05-28, “FAQ on the CALEA Expansion by the FCC” https://www.eff.org/pages/calea-faq#9) In recent years, the FCC has been committed to lowering government barriers to innovation and the deployment of new services. However, the broad understanding of what it means to be a substantial replacement of the local telephone exchange — and therefore subject to CALEA — means that industry would be constantly under the threat of CALEA compliance costs. VoIP and broadband Internet access may be under the gun now, but a host of technologies — online gaming, instant messaging services, video conferencing systems and others — face the threat that law enforcement will look to them in the next petition.¶ Thus, rather than industry driving innovation, government would be dictating functionality. U.S. leadership in technological innovation would slip because time to market for new U.S. products would lengthen to accommodate surveillance technologies. Moreover, U.S. products would be less attractive outside the country because international customers won't want technology designed to facilitate U.S. surveillance. America's global competitiveness will be further eroded by overseas companies who will surely develop technology to circumvent CALEA surveillance capability. Increase in innovation turns international public trust in tech companies. Ward 01/20/15 (Jill Ward, an economy reporter at Bloomberg, and Michael J Moore, reporter at Bloomberg, January 20, 2015, “Trust in Tech Takes a Hit as Public Links Innovation With Greed” http://www.bloomberg.com/news/articles/2015-01-20/trust-in-tech-takes-a-hitas-public-links-innovation-with-greed) (Bloomberg) -- Public trust in the technology industry is in decline while more people link innovation to excess, according to a survey of 27 countries published as policy makers and executives gather at the World Economic Forum in Davos.¶ When polled about the incentive for innovation, 30 percent said it’s intended to improve people’s lives, while 54 percent of respondents answered greed, according to the 2015 Trust Barometer, published by Edelman. It’s the first time in 15 years that the public-relations firm has recorded a decline in faith in technology, Chairman and Chief Executive Officer Richard Edelman said in a phone interview from New York.¶ “People are afraid of the pace of change,” Edelman said. “Whether it’s fracking or GM foods, or ewallet, it’s scary -- because it’s causing job dislocation, it’s causing people to change their habits, and they don’t necessarily feel that they understand it.”¶ While technology companies still topped the ranking of most-trusted industries, their decline from last year is significant since tech drives innovation in other sectors, Edelman said. Banks and the media are the least trusted, according to the report.¶ Trust of CEOs is at 43 percent, a decline of 3 percentage points, staying above the 38 percent that have faith in government officials, according to the online survey. An academic or “industry expert” remains the most-trusted category, at 70 percent.¶ The firm polled thousands of individuals in countries ranging from China to the U.S., with household income in the top quartile for their age and country. The ages of those surveyed ranged from 25 to 64. Alt cause - US main problem with tech innovation is budgeting out research money Adam Segal 4 (Adam Segal, director of the Program on Digital and Cyberspace Policy at the Council on Foreign Relations (CFR), An expert on security issues, technology development, November/December 2004 Issue, “Is America Losing Its Edge,” https://www.foreignaffairs.com/articles/united-states/2004-11-01/america-losing-its-edge) At the moment, it would be premature to declare a crisis in the United States' scientific or technological competitiveness. The United States is still the envy of the world for reasons ranging from its ability to fund basic scientific research to the speed with which its companies commercialize new breakthroughs.¶ This year, total U.S. expenditures on R&D are expected to top $290 billion-more than twice the total for Japan, the next biggest spender. In 2002, the U.S. R&D total exceeded that of Canada, France, Germany, Italy, Japan, and the United Kingdom combined (although the United States trailed Finland, Iceland, Japan, South Korea, and Sweden in the ratio of R&D to GDP). And although scholars from other parts of the world may write relatively more science and engineering papers than Americans do, U.S. research continues to be cited the most.¶ The United States also leads the major global technology markets, holding commanding market shares in aerospace, scientific instruments, computers and office machinery, and communications instruments. U.S. information and communications technology producers lead almost every sector. And for the last two decades, U.S. firms have been the top providers of high-technology services, accounting for about onethird of the world's total.¶ These strengths, however, should not obscure the existence of new threats to the long-term health of science and innovation in the United States. A record $422 billion budget deficit, for example, may undermine future government support for R&D. Recent shifts in federal spending will leave basic research-that driven by scientific curiosity rather than specific commercial applications-underfunded, depriving the economy of the building blocks of future innovation. Although federal expenditures on R&D are expected to reach $132 billion in fiscal year 2005 and $137.5 billion in 2009, new spending will be concentrated in the fields of defense, homeland security, and the space program. Funding for all other R&D programs, meanwhile, will remain flat this year and decline in real terms over the next five years. ¶ In July, Congress approved a record-breaking $70.3 billion for R&D for the Defense Department in 2005, a 7.1 percent increase from last year and more than the Pentagon had asked for (in fact, the department's top brass had asked to cut R&D spending). Such largesse makes it likely that the Pentagon will be able to continue innovation in the near term. Its longer-term prospects, however, are more worrying. According to five-year projections by the American Association for the Advancement of Science, the Defense Department will focus more and more on weapons development while neglecting basic and applied research.¶ Privately funded industrial R&D, meanwhile-which accounts for over 60 percent of the U.S. total-is also starting to slip as a result of the current economic slowdown. Private industry cut R&D spending by 1.7 percent in 2001, 4.5 percent in 2002, and 0.7 percent in 2003. This year, R&D spending is expected to increase-but by less than one percent, which is less than the inflation rate. Furthermore, with less than 10 percent of its R&D spending dedicated to basic research, industry will not be able to fill in the gaps created by the government's shift of funding to defense and homeland security-related research.¶ These funding decreases may be exacerbated by a coming labor shortage. The number of Americans pursuing advanced degrees in the sciences and engineering is declining, and university science and engineering programs are growing more dependent on foreign-born talent. Thirty-eight percent of the nation's scientists and engineers with doctorates were born outside the country. And of the Ph.D.'s in science and engineering awarded to foreign students in the United States from 1985 to 2000, more than half went to students from China, India, South Korea, and Taiwan.¶ Such dependence on foreign talent could become a critical weakness for the United States in the future, especially as foreign applications to U.S. science and engineering graduate programs decline. With booming economies and improving educational opportunities in their countries, staying at home is an increasingly attractive option for Chinese and Indian scientists. In addition, visa restrictions put in place after the terrorist attacks of September 11, 2001, have created new barriers for foreign students trying to enter the United States. Surveys conducted by the Association of American Universities, the American Council on Education, and other education groups have blamed repetitive security checks, inefficient visa-renewal processes, and a lack of transparency for significant drops in applications to U.S. graduate programs this year. Americans place security above issues of privacy Keller 06/12/13 (JARED KELLER, JUN 12, 2013, “Why Don’t Americans Seem to Care About Government Surveillance? “ http://www.psmag.com/politics-and-law/why-dont-americanscare-about-government-surveillance-60011) It’s been less than a week since former National Security Agency systems administrator Edward Snowden, through the reporting of The Guardian and The Washington Post, lifted the curtain on the United States government’s vast surveillance apparatus. Snowden, who shed light on how the NSA monitors the cell phone activity, credit card data, and Internet browsings of millions of Americans, is responsible for one of the biggest national security leaks in U.S. political history. And the American people don’t really seem to care.¶ More than half (56 percent) of the 1,004 adult respondents to a national survey conducted June 6-9 by the Pew Research Center and The Washington Post said that the NSA program tracking telephone records is “an acceptable way for the government to investigate terrorism.” Forty-one percent felt the practice was unacceptable.¶ The American public is somewhat more divided on the NSA’s Internet monitoring programs, with 45 percent of respondents agreeing that the government should be able to “monitor everyone’s email and other online activities if officials say this might prevent future terrorist attacks” and 52 percent disagreeing. Despite the Prism revelations, this isn’t a drastic shift from how Americans felt back in July 2002, when a Pew survey found that 45 percent of Americans were OK with the government monitoring Internet activity in order to prevent future attacks (47 percent said it should not). Pew’s researchers conclude from the latest survey that there are “no indications that last week’s revelations of the government’s collection of phone records and Internet data have altered fundamental public views about the tradeoff between investigating possible terrorism and protecting personal privacy.”¶ In a poll conducted shortly after the manhunt for the Boston Marathon bombing suspects, 78 percent of respondents agreed with the increased used of surveillance cameras in public places.¶ Despite days of headlines about the American surveillance state and government invasions of privacy (and a huge spike in sales of George Orwell’s 1984 on Amazon), Americans seem to have accepted the scope and reach of the post-9/11 surveillance state into their lives as necessary.¶ Pew notes that 62 percent of Americans believe the federal government should investigate possible terrorist threats, even if that means intruding on personal privacy, while just 34 percent say it is more important for the government not to intrude on personal privacy, even if that limits its ability to investigate possible terrorist threats. US tech leader for next 20 years Steve Minter 14, 3-17-2014, “US Positioned as Technology Leader for The Next 20 Years,” Industry Week, http://www.industryweek.com/trade/us-positioned-technology-export-leadernext-20-years The U.S. is expected to retain its position as a leading technology goods exporter for the next two decades, according to trade research conducted by international bank HSBC. Optimism about trade generally among U.S. business leaders is at its highest level since the bank began conducting its semiannual trade survey. The U.S. HSBC Trade Confidence Index rose to 115 from 114 six months ago and was higher than the global average of 113. The index surveys small and middle-market businesses, including 250 in the U.S. HSBC forecasts that U.S. trade will grow 6% annually from 2014 to 2016. The bank expects global trade to grow 8% annually to 2030. U.S. exports set a record in 2013, reaching $2.3 trillion. In 2013, the United States had a trade surplus in services of $229 billion and a goods deficit of $703.9 billion for a total trade deficit of $474.9 billion. That was nearly at $59.8 billion improvement from 2012. Extension of Alt Causes Fostering new generations to go into tech development is also necessary to solve for tech leadership. Geoff Colvin, Fortune senior editor-at-large, July 16 2007, “Turning our backs on tech” (Fortune Magazine) -- In the global battle for infotech supremacy, is America surrendering? Recent evidence suggests that the U.S. is at least thinking about giving up. I'm talking not just about America's ability to produce the fastest chip or most popular software but also about something potentially even more serious: the ability of all businesses to be world-class users of information technology.¶ "As a nation we need scientists and engineers if we're going to be successful," says Microsoft research chief Rick Rashid. "All the new businesses are built around that." The trouble is that U.S. companies haven't developed nearly enough qualified chief information officers. And at the talent pipeline's beginning, America's kids have concluded that infotech is a dead-end field for nerd losers, and they're avoiding it like last month's ringtone.¶ Both problems are immediate. The CIO shortage is harder to spot because companies always have people holding that title; they're often just not the right people. The field's top professional group, the Society for Information Management (SIM), has just published a report ("Grooming the 2010 CIO") concluding that U.S. companies have far fewer good CIOs than they need, maybe less than half as many. The reason is that in a world where IT is central to strategy, today's CIO needs substantial business acumen, relationship abilities, and leadership skills - but most don't have those traits because most companies are lousy at developing future CIOs.¶ The more worrisome problem is what's happening with the kids. Moving herdlike, as usual, they've decided that IT is excruciatingly uncool. Of course it was the coolest thing on the planet just seven years ago, when interest in computer science as an undergraduate major hit a 20-year high. But then a lot of things happened. The dot-com boom went bust at just the time companies stopped hiring staff to fix Y2K problems. More important, the pop culture image of infotech workers flipped from dot-com billionaires in Gulfstreams to Dilbertesque drones writing code in cubicles and Third World masses working for pennies an hour.¶ The number of undergraduates in computer science and related majors plunged. Though nationwide data aren't available, "some schools saw enrollment drop to 25% of what it had been," says Kate Kaiser, an associate professor of infotech at Marquette University in Milwaukee. "The press over-inflated outsourcing. The impact was not nearly as great as parents and guidance counselors suggested." KQ Circumvention 1NC The plan bans mandates but does nothing for governmental “suggestions” to companies about backdoors. Rasch 12/04/14 (Mark Rasch, an attorney and author, working in the areas of corporate and government cybersecurity, privacy and incident response. He is currently the Vice President, Deputy General Counsel, and Chief Privacy and Data Security Officer for SAIC, December 5, 2014 , “Sen. Wyden's Plan to Close Backdoors May Backfire” http://www.securitycurrent.com/en/news/ac_news/sen-wydens-plan-to-close-backdoors-maybackfire) Senator Ron Wyden (D. Or.) announced on December 4 the introduction of the “Secure Data Act” which would prohibit federal agencies from mandating the deployment of vulnerabilities in data security technologies. The bill, if passed and signed, would state that “no agency [except as required by CALEA – a law that mandates Telco’s assist law enforcement in wiretaps] may mandate that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency.”¶ OK. I am now confident that there are not going to be any more back doors. Aren’t you? ¶ Except for that little word “mandates.” “Oh,” says the NSA. “CISCO doesn’t HAVE to make its router accessible to use, but it would be a shame should anything happen to your nice government contract over here.” Not a mandate – just a suggestion. Or what if it is a requirement in a government contract? You don’t HAVE to do it – just don’t bid on the contract. Oh, and that FCC license approval? “Fuggeddaboutit.” Remember Quest Communications CEO testifying that his company was threatened with loss of contracts and revenue if they didn’t do what the NSA demanded? But it’s not a mandate. It’s just a very strong “suggestion.”¶ The proposed law has few if any teeth. It has no criminal enforcement, nobody goes to jail if it is violated. And even if there is a compulsion, the facts related to it are likely to be classified for national security purposes. So, if a law enforcement and/or intelligence agency compels you to install a back door, in the worlds of Peter Venkman, “who you gonna call?”¶ Plus there are times when we really DO want a back door. Take Stuxnet. Whether it was the U.S. or not, it was still super cool, and set back the Iranian nuclear program by either a couple of decades or a couple of hours. Hard to say. But cool anyway.¶ And the law only applies to installed back doors. It wouldn’t apply for example to an inherent vulnerability that the NSA tells the company not to fix. Or one that the NSA doesn’t tell the company about. Lots of ways around this one.¶ So if you are worried about the NSA installing back doors on hardware or software, I’m afraid that Sen. Wyden’s bill probably won’t help much. If you are worried about the NSA beaming waves into your skull, may I suggest a lovely aluminum foil hat? Oh, and always wear it shiny side out. It doesn’t work the other way. I know. I have tried it. Secure Data Act can’t stop the altering of CALEA to create more backdoors that Comey is pushing for in the status quo. Cushing 12/05/14 (Tim Cushing, author at techdirt, 12/05/14 “Ron Wyden Introduces Legislation Aimed At Preventing FBI-Mandated Backdoors In Cellphones And Computers” https://www.techdirt.com/articles/20141204/16220529333/ron-wyden-introduces-legislationaimed-preventing-fbi-mandated-backdoors-cellphones-computers.shtml) Here's the actual wording of the backdoor ban [pdf link], which has a couple of loopholes in it.¶ (a) IN GENERAL.—Except as provided in subsection (b), no agency may mandate that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency.¶ Subsection (b) presents the first loophole, naming the very act that Comey is pursuing to have amended in his agency's favor.¶ (b) EXCEPTION.—Subsection (a) shall not apply to mandates authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.). Comey wants to alter CALEA or, failing that, get a few legislators to run some sort of encryption-targeting legislation up the Congressional flagpole for him. Wyden's bill won't thwart these efforts and it does leave the NSA free to continue with its pre-existing homebrewed backdoor efforts -- the kind that don't require mandates because they're performed off-site without the manufacturer's knowledge. This still in early draft form and will likely be finessed as it heads towards becoming a finished product, hopefully addressing a few of these issues on the way. If nothing else, it sends yet another message to James Comey and like-minded law enforcement officials that there's a whole bunch of legislators waiting to thwart their pushes for instant, permanent access to the American public's cellphones. CALEA expanded to the VOIP creates vulnerabilities within the power grid Landau 05 (Susan, an American mathematician and engineer, and Professor of Social Science and Policy Studies at Worcester Polytechnic Institute.[2] She previously worked as a Senior Staff Privacy Analyst at Google.[3] She was a Guggenheim Fellow[4] and a Visiting Scholar at the Computer Science Department, Harvard University in 2012.[5]¶ In 2010–2011, she was a Fellow at the Radcliffe Institute for Advanced Study at Harvard, where she investigated issues involving security of government systems, and their privacy and policy implications.[6]¶ From 1999 until 2010, she specialized in internet security at Sun Microsystems.[7]Security, Wiretapping, and the Internet,http://privacyink.org/pdf/SWatI.pdf, IEEE COMPUTER SOCIETY) The Internet has proved a boon to many industries, and the last decade has seen a massive shift to it as the preferred form of conducting business. But the Internet is What does all of this have to do with computer security? insecure. The network was originally designed to share resources, and neither security nor wiretapping were considerations in its initial design. Security is a serious concern for Internet users, which include many private industries that form part of critical infrastructure: energy companies and the electric-power grid, banking and finance, and health care. That’s why applying CALEA to VoIP is a mistake: the insecurities that will result are likely to extend well past VoIP to other aspects of the Internet, and the end result will be greater insecurity Extensions of Bribery The act would not get rid of NSA from bribing tech companies Kayyali 12/09/14 (NADIA KAYYALI, is a member of EFF’s activism team and currently serves on the board of the National Lawyers Guild S.F. Bay Area chapter, DECEMBER 9, 2014, “Security Backdoors are Bad News—But Some Lawmakers Are Taking Action to Close Them” https://www.eff.org/deeplinks/2014/12/security-backdoors-are-bad-news-some-lawmakersare-taking-action-close-them) The Secure Data Act starts to address the problem of backdoors by prohibiting any agency from “mandate[ing] that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency.” Representative Lofgren has introduced a companion bill in the House, co-sponsored by 4 Republicans and 5 Democrats.¶ The legislation isn’t comprehensive, of course. As some have pointed out, it only prohibits agencies from requiring a company to build a backdoor. The NSA can still do its best to convince companies to do so voluntarily. And sometimes, the NSA’s “best convincing” is a $10 million contract with a security firm like RSA.¶ The legislation also doesn’t change the Communications Assistance for Law Enforcement Act (CALEA.) CALEA, passed in 1994, is a law that forced telephone companies to redesign their network architectures to make it easier for law enforcement to wiretap telephone calls. In 2006, the D.C. Circuit upheld the FCC's reinterpretation of CALEA to also include facilities-based broadband Internet access and VoIP service, although it doesn't apply to cell phone manufacturers. RSA incident proves NSA uses bribes to install backdoors Menn 13 (JOSEPH MENN, projects reporter at Reuters, Fri Dec 20, 2013, “Exclusive: Secret contract tied NSA and security industry pioneer” http://www.reuters.com/article/2013/12/21/us-usa-security-rsa-idUSBRE9BJ1C220131221) As a key part of a campaign to embed encryption software that it could crack into widely used computer products, the U.S. National Security Agency arranged a secret $10 million contract with RSA, one of the most influential firms in the computer security industry, Reuters has learned. ¶ Documents leaked by former NSA contractor Edward Snowden show that the NSA created and promulgated a flawed formula for generating random numbers to create a "back door" in encryption products, the New York Times reported in September. Reuters later reported that RSA became the most important distributor of that formula by rolling it into a software tool called Bsafe that is used to enhance security in personal computers and many other products. ¶ Undisclosed until now was that RSA received $10 million in a deal that set the NSA formula as the preferred, or default, method for number generation in the BSafe software, according to two sources familiar with the contract. Although that sum might seem paltry, it represented more than a third of the revenue that the relevant division at RSA had taken in during the entire previous year, securities filings show.¶ The earlier disclosures of RSA's entanglement with the NSA already had shocked some in the close-knit world of computer security experts. The company had a long history of championing privacy and security, and it played a leading role in blocking a 1990s effort by the NSA to require a special chip to enable spying on a wide range of computer and communications products. Extensions of CALEA Future CALEA usage will be to build backdoors. Continuation of CALEA erodes public trust. Geller 07/10/15 (Eric Geller is the deputy morning director for the Daily Dot, Jul 10, 2015, “The rise of the new Crypto War” http://www.dailydot.com/politics/encryption-crypto-warjames-comey-fbi-privacy) It is not as if these companies weren’t concerned in the 1990s. Rather, the early CALEA debate simply exempted them, allowing them to stay on the sidelines and avoid angering the U.S. government.¶ “The Microsofts of the world were not going to be worried about it” in the 1990s, Tien said. “Now they have to be.”¶ Two things have changed since the first Crypto Wars: The government is now targeting Internet services instead of phone companies, and the Snowden leaks have convinced more Americans to care about personal security and encryption.¶ “When you were talking about the first CALEA, it was a handful of telephone companies,” said Guliani. “Now, when you’re talking about potentially applying a front door or backdoor … onto a lot of different Internet-based companies, the potential to kill innovation and … stifle smaller companies is substantial in this circumstance.”¶ Just as important as the threat to innovation is the threat to user trust. Snowden’s documents, which exposed the breadth and depth of U.S. surveillance, sent a wakeup call to Americans who hadn’t been paying much attention to their privacy. Suddenly, companies faced enormous pressure to resist things like backdoors—and to prove that they weren’t secretly holding doors open for the government while protesting in public. ST Economy 1NC Turns case – Encryption harms FBI’s ability to solve the crimes they point out Comey 07/08/15 (James B. Comey, Director of Federal Bureau of Investigation, Jul 8, 2015, “Going Dark: Encryption, Technology, and the Balances Between Public Safety and Privacy”, https://www.fbi.gov/news/testimony/going-dark-encryption-technology-and-the-balancesbetween-public-safety-and-privacy) Outside of the terrorism arena we see countless examples of the impact changing technology is having on our ability to affect our court authorized investigative tools. For example, last December a long-haul trucker kidnapped his girlfriend, held her in his truck, drove her from state to state and repeatedly sexually assaulted her. She eventually escaped and pressed charges for sexual assault and kidnapping. The trucker claimed that the woman he had kidnapped engaged in consensual sex. The trucker in this case happened to record his assault on video using a smartphone, and law enforcement was able to access the content stored on that phone pursuant to a search warrant, retrieving video that revealed that the sex was not consensual. A jury subsequently convicted the trucker.¶ In a world where users have sole control over access to their devices and communications, and so can easily block all lawfully authorized access to their data, the jury would not have been able to consider that evidence, unless the truck driver, against his own interest, provided the data. And the theoretical availability of other types of evidence, irrelevant to the case, would have made no difference. In that world, the grim likelihood that he would go free is a cost that we must forthrightly acknowledge and consider.¶ We are seeing more and more cases where we believe significant evidence resides on a phone, a tablet, or a laptop—evidence that may be the difference between an offender being convicted or acquitted. If we cannot access this evidence, it will have ongoing, significant impacts on our ability to identify, stop, and prosecute these offenders. Plan can’t solve for inconsistent frameworks on digital goods around the world CCIA 12 (international not-for-profit membership organization dedicated to innovation and enhancing society’s access to information and communications) (Promoting Cross‐Border Data Flows Priorities for the Business Community, http://www.ccianet.org/wp-content/uploads/library/PromotingCrossBorderDataFlows.pdf) The movement of electronic information across borders is critical to businesses around the world, but the¶ international rules governing flows of digital goods, services, data and infrastructure are incomplete. The global trading system does not spell out a consistent, transparent framework for the treatment of cross border flows of digital goods, services or information, leaving businesses and individuals to deal with a patchwork of national, bilateral and global arrangements covering significant issues such as the storage,¶ transfer, disclosure, retention and protection of personal, commercial and financial data. Dealing with these issues is becoming even more important as a new generation of networked technologies enables greater cross‐border collaboration over the Internet, which has the potential to stimulate economic development and job growth. ¶ Despite the widespread benefits of cross‐border data flows to innovation and economic growth, and due in¶ large part to gaps in global rules and inadequate enforcement of existing commitments, digital ¶ protectionism is a growing threat around the world. A number of countries have already enacted or are¶ pursuing restrictive policies governing the provision of digital commercial and financial services, technology ¶ products, or the treatment of information to favor domestic interests over international competition. Even ¶ where policies are designed to support legitimate public interests such as national security or law ¶ enforcement, businesses can suffer when those rules are unclear, arbitrary, unevenly applied or more ¶ trade‐restrictive than Whats more, multiple governments may assert jurisdiction over the same information, which may leave businesses subject to inconsistent or conflicting rules. necessary to achieve the underlying objective. No impact to economic collapse—statistics prove Drezner 12 – Daniel is a professor in the Fletcher School of Law and Diplomacy at Tufts. (“The Irony of Global Economic Governance: The System Worked”, October 2012, http://www.globaleconomicgovernance.org/wp-content/uploads/IR-Colloquium-MT12-Week-5_The-Ironyof-Global-Economic-Governance.pdf) The final outcome addresses a dog that hasn’t barked: the effect of the Great Recession on cross-border conflict and violence. During the initial stages of the crisis, multiple analysts asserted that the financial crisis would lead states to increase their use of force as a tool for staying in power.37 Whether through greater internal repression, diversionary wars, arms races, or a ratcheting up of great power conflict, there were genuine concerns that the global economic downturn would lead to an increase in conflict. Violence in the Middle East, border disputes in the South China Sea, and even the disruptions of the Occupy movement fuel impressions of surge in global public disorder. The aggregate data suggests otherwise, however. The Institute for Economics and Peace has constructed a “Global Peace Index” annually since 2007. A key conclusion they draw from the 2012 report is that “The average level of peacefulness in 2012 is approximately the same as it was in 2007.”38 Interstate violence in particular has declined since the start of the financial crisis – as have military expenditures in most sampled countries. Other studies confirm that the Great Recession has not triggered any increase in violent conflict; the secular decline in violence that started with the end of the Cold War has not been reversed.39 Rogers Brubaker concludes, “the crisis has not to date generated the surge in protectionist nationalism or ethnic exclusion that might have been expected.”40 None of these data suggest that the global economy is operating swimmingly. Growth remains unbalanced and fragile, and has clearly slowed in 2012. Transnational capital flows remain depressed compared to pre-crisis levels, primarily due to a drying up of cross-border interbank lending in Europe. Currency volatility remains an ongoing concern. Compared to the aftermath of other postwar recessions, growth in output, investment, and employment in the developed world have all lagged behind. But the Great Recession is not like other postwar recessions in either scope or kind; expecting a standard “V”-shaped recovery was unreasonable. One financial analyst characterized the post-2008 global economy as in a state of “contained depression.”41 The key word is “contained,” however. Given the severity, reach and depth of the 2008 financial crisis the proper comparison is with Great Depression. And by that standard, the outcome variables look impressive. As Carmen Reinhart and Kenneth Rogoff concluded in This Time is Different: “that its macroeconomic outcome has been only the most severe global recession since World War II – and not even worse – must be regarded as fortunate.”42 , Extensions to No Impact No war from economic collapse Barnett ’09 (Thomas P.M. Barnett, Thomas P.M. Barnett is an American military geostrategist and Chief Analyst at Wikistrat, 24 Aug 2009, “ The New Rules: Security Remains Stable Amid Financial Crisis”, http://www.worldpoliticsreview.com/articles/4213/the-new-rules-security-remains-stable-amid-financialcrisis) SRK When the global financial crisis struck roughly a year ago, the blogosphere was ablaze with all sorts of scary predictions of, and commentary regarding, ensuing conflict and wars -- a rerun of the Great Depression leading to world war, as it were. Now, as global economic news brightens and recovery -- surprisingly led by China and emerging markets -- is the talk of the day, it's interesting to look back over the past year and realize how globalization's first truly worldwide recession has had virtually no impact whatsoever on the international security landscape. None of the more than three-dozen ongoing conflicts listed by GlobalSecurity.org can be clearly attributed to the global recession. Indeed, the last new entry (civil conflict between Hamas and Fatah in the Palestine) predates the economic crisis by a year, and three quarters of the chronic struggles began in the last century. Ditto for the 15 low-intensity conflicts listed by Wikipedia (where the latest entry is the Mexican "drug war" begun in 2006). Certainly, the Russia-Georgia conflict last August was specifically timed, but by most accounts the opening ceremony of the Beijing Olympics was the most important external trigger (followed by the U.S. presidential campaign) for that sudden spike in an almost two-decade long struggle between Georgia and its two breakaway regions. Looking over the various databases, then, we see a most familiar picture: the usual mix of civil conflicts, insurgencies, and liberation-themed terrorist movements. Besides the recent Russia-Georgia dust-up, the only two potential state-on-state wars (North v. South Korea, Israel v. Iran) are both tied to one side acquiring a nuclear weapon capacity -- a process wholly unrelated to global economic trends. And with the United States effectively tied down by its two ongoing major interventions (Iraq and Afghanistan-bleeding-into-Pakistan), our involvement elsewhere around the planet has been quite modest, both leading up to and following the onset of the economic crisis: e.g., the usual counter-drug efforts in Latin America, the usual military exercises with allies across Asia, mixing it up with pirates off Somalia's coast). Everywhere else we find serious instability we pretty much let it burn, occasionally pressing the Chinese -- unsuccessfully -to do something. Our new Africa Command, for example, hasn't led us to anything beyond advising and training local forces. So, to sum up: *No significant uptick in mass violence or unrest (remember the smattering of urban riots last year in places like Greece, Moldova and Latvia?); *The usual frequency maintained in civil conflicts (in all the usual places); *Not a single state-on-state war directly caused (and no great-power-on-great-power crises even triggered); *No great improvement or disruption in great-power cooperation regarding the emergence of new nuclear powers (despite all that diplomacy); *A modest scaling back of international policing efforts by the system's acknowledged Leviathan power (inevitable given the strain); and *No serious efforts by any rising great power to challenge that Leviathan or supplant its role. (The worst things we can cite are Moscow's occasional deployments of strategic assets to the Western hemisphere and its weak efforts to outbid the United States on basing rights in Kyrgyzstan; but the best include China and India stepping up their aid and investments in Afghanistan and Iraq.) Sure, we've finally seen global defense spending surpass the previous world record set in the late 1980s, but even that's likely to wane given the stress on public budgets created by all this unprecedented "stimulus" spending. If anything, the friendly cooperation on such stimulus packaging was the most notable great-power dynamic caused by the crisis. Can we say that the world has suffered a distinct shift to political radicalism as a result of the economic crisis? Indeed, no. The world's major economies remain governed by center-left or center-right political factions that remain decidedly friendly to both markets and trade. In the short run, there were attempts across the board to insulate economies from immediate damage (in effect, as much protectionism as allowed under current trade rules), but there was no great slide into "trade wars." Instead, the World Trade Organization is functioning as it was designed to function, and regional efforts toward free-trade agreements have not slowed. Can we say Islamic radicalism was inflamed by the economic crisis? If it was, that shift was clearly overwhelmed by the Islamic world's growing disenchantment with the brutality displayed by violent extremist groups such as al-Qaida. And looking forward, austere economic times are just as likely to breed connecting evangelicalism as disconnecting fundamentalism. At the end of the day, the economic crisis did not prove to be sufficiently frightening to provoke major economies into establishing global regulatory schemes, even as it has sparked a spirited -- and much needed, as I argued last week -- discussion of the continuing viability of the U.S. dollar as the world's primary reserve currency. Naturally, plenty of experts and pundits have attached great significance to this debate, seeing in it the beginning of "economic warfare" and the like between "fading" America and "rising" China. And yet, in a world of globally integrated production chains and interconnected financial markets, such "diverging interests" hardly constitute signposts for wars up ahead. Frankly, I don't welcome a world in which America's fiscal profligacy goes undisciplined, so bring it on -- please! Add it all up and it's fair to say that this global financial crisis has proven the great resilience of America's post-World War II international liberal trade order. Do I expect to read any analyses along those lines in the blogosphere any time soon? Absolutely not. I expect the fantastic fear-mongering to proceed apace. That's what the Internet is for. Reject internet doomsaying – no chance of collapse or a ton of other stuff would cause it Bernal 14 (Lecturer in Information Technology, Intellectual Property and Media Law at the University of East Anglia Law School) (Paul, So who’s breaking the internet this time?, November 11, 2014, http://paulbernal.wordpress.com/2014/11/11/so-whos-breaking-the-internet-this-time/) I’m not sure how many times I’ve been told that the internet is under dire threat over the last few years. It sometimes seems as though there’s an apocalypse just around the corner pretty much all the time. Something’s going to ‘break’ the internet unless we do something about it right away. These last few weeks there seem to have been a particularly rich crop of apocalyptic warnings – Obama’s proposal about net neutrality yesterday being the most recent. The internet as we know it seems as though it’s always about to end.¶ Net neutrality will destroy us all…¶ If we are to believe the US cable companies, Obama’s proposals will pretty much break the internet, putting development back 20 years. How many of us remember what the internet was like in 1994? Conversely, many have been saying that if we don’t have net neutrality – and Obama’s proposals are pretty close to what most people I know would understand by net neutrality – then the cable companies will break the internet. It’s apocalypse one way, and apocalypse the other: no half measures here.¶ The cable companies are raising the spectre of government control of the net, something that has been a terror of internet freedom activists for a very long time – in our internet law courses we start by looking at John Perry Barlow’s 1996 ‘Declaration of the Independence of Cyberspace’, with its memorable opening:¶ “Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.” ¶ Another recent incarnation of this terror has been the formerly much hyped fear that the UN, through the International Telecommunication Union (ITU) was about to take over the internet, crushing our freedom and ending the Internet as we know it. Anyone with real experience of the way that UN bodies work would have realised this particular apocalypse had next-to-no chance of every coming into fruition, and last week that must have become clear to most of even the more paranoid of internet freedom fighters, as the ITU effectively resolved not to even try… Not that apocalypse, at least not now.¶ More dire warnings and apocalyptic worries have been circling about the notorious ‘right to be forgotten’ – either in its data protection reform version or in the Google Spain ruling back in May. The right to be forgotten, we were told, is the biggest threat to freedom of speech in the coming decade, and will change the internet as we know it. Another thing that’s going to break the internet. And yet, even though it’s now effectively in force in one particular way, there’s not much deep, dark, disturbing web…¶ At times we’re also told that a lack of privacy will break the net – or that privacy itself will break the net. Online behavioural advertisers have said sign that the internet is broken yet…¶ The that if they’re not allowed to track us, we’ll break the economic model that sustains the net, so the net itself will break. We need to let ourselves be tracked, profiled and targeted or the net itself will collapse. The authorities seem to have a similar view – recent pronouncements by Metropolitan Police Commissioner Bernard Hogan-Howe and new head of GCHQ Robert Hannigan are decidedly apocalyptic, trying to terrify us with the nightmares of what they seemingly interchangeably call the ‘dark’ web or the ‘deep’ web. Dark or deep, it’s designed to disturb and frighten us – and warn us that if we keep on using encryption, claiming anonymity or pseudonymity or, in practice, any kind of privacy, we’ll turn the internet into a paradise only for paedophiles, murderers, terrorists and criminals. It’s the end of the internet as we know it, once more.¶ And of course there’s the converse view – that mass surveillance and intrusion by the NSA, GCHQ etc, as revealed by Edward Snowden – is itself destroying the internet as we know it.¶ Money, money, money¶ Mind you, there are also dire threats from other directions. Internet freedom fighters have fought against things like SOPA, PIPA and ACTA – ways in which the ‘copyright lobby’ sought to gain even more control over the internet. Again, the arguments go both ways. The content industry suggest that uncontrolled piracy is breaking the net – while those who fought against SOPA etc think that the iron fist of copyright enforcement is doing the same. And for those that have read Zittrain’s ‘The Future of the Internet and How to Stop It’, it’s something else that’s breaking the net – ‘appliancization’ and ‘tethering’. To outrageously oversimplify, it’s the iPhone that’s breaking the net, turning it from a place of freedom and creativity into a place for consumerist sheep.¶ It’s the end of the internet as we know it…..…or as we think we know it. We all have different visions of the internet, some historical, some pretty much entirely imaginary, mowith elements of history and elements of wishful thinking. It’s easy to become nostalgic about what we imagine was some golden age, and fearful about the future, without taking a step back and wondering whether we’re really right. The internet was never a ‘wild west’ – and even the ‘wild west’ itself was mostly mythical – and ‘freedom of speech’ has never been as absolute as its most ardent advocates seem to believe. We’ve always had some control and some freedom – but the thing about the internet is that, in reality, it’s pretty robust. We, as an internet community, are stronger and more wilful than some of those who wish to control it might think. Attempts to rein it in often fail – either they’re opposed or they’re side-stepped, or they’re just absorbed into the new shape of the internet, because the internet is always changing, and we need to understand that. The internet as we know it is always ending – and the internet as we don’t know it is always beginning. ST Internet Freedom 1NC A fully encrypted world that the 1ac advocates for would only hurt impacts like human rights Wittes 07/12/15 (Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution, July 12, 2015, “Thoughts on Encryption and Going Dark, Part II: The Debate on the Merits” http://www.lawfareblog.com/thoughtsencryption-and-going-dark-part-ii-debate-merits) Consider the conceptual question first. Would it be a good idea to have a world-wide communications infrastructure that is, as Bruce Schneier has aptly put it, secure from all attackers? That is, if we could snap our fingers and make all device-to-device communications perfectly secure against interception from the Chinese, from hackers, from the FSB but also from the FBI even wielding lawful process, would that be desirable? Or, in the alternative, do we want to create an internet as secure as possible from everyone except government investigators exercising their legal authorities with the understanding that other countries may do the same?¶ Conceptually speaking, I am with Comey on this question—and the matter does not seem to me an especially close call. The belief in principle in creating a giant world-wide network on which surveillance is technically impossible is really an argument for the creation of the world's largest ungoverned space. I understand why techno-anarchists find this idea so appealing. I can't imagine for moment, however, why anyone else would.¶ Consider the comparable argument in physical space: the creation of a city in which authorities are entirely dependent on citizen reporting of bad conduct but have no direct visibility onto what happens on the streets and no ability to conduct search warrants (even with court orders) or to patrol parks or street corners. Would you want to live in that city? The idea that ungoverned spaces really suck is not controversial when you're talking about Yemen or Somalia. I see nothing more attractive about the creation of a worldwide architecture in which it is technically impossible to intercept and read ISIS communications with followers or to follow child predators into chatrooms where they go after kids. Democratic Countries go to war more often than non-democratic countries Mueller ’04 (Harald Mueller, Director at the Peace Research Institute Frankfurt. Co-chair of the Working Group on Peace and Conflict Research of the German Foreign Office; vice-president of the EU Consortium for Non-Proliferation; professor at the Goethe University Frankfurt, 2004, The Antinomy of Democratic Peace) Research on the ‘democratic peace’ has neglected the fact that democracies fight wars that no one else would, particularly to preserve international law and to prevent human disasters and large-scale violations of human rights. What is more, data on average probabilities of democratic war involvement have obscured that there have been vast differences in democracies’ use of military force. This article demonstrates that the causal mechanisms of established approaches to the democratic peace do not preclude democracies’ involvement in war. Most importantly, the ambivalence of the Kantian tradition allows for two competing logics of appropriateness that can be used to construct two ideal types: whereas, militant democracies conceive of their entire relation to non-democracies as antagonistic, and frequently fight wars to de-throne dictators, pacifist democracies believe in a modus vivendi with autocracies and try to assist their transformation into democracies. International Politics(2004)41,494–520. doi:10.1057/palgrave.ip.8800089 The still prevailing opinion on ‘democratic peace’ has endorsed the ‘double finding’: that democracies keep peace with each other while being as warlike as any other kind of state. Growing evidence, however, indicates more peaceful behaviour by democracies (Rousseauet al., 1996; Gleditsch and Hegre, 1997, 295; Geis, 2001;Russett and Oneal, 2001; Schultz, 2001, 137; Huth and Allee, 2002b; MacMillan,2003; Hasenclever, 2003). Still, scarce attention has been devoted to the fact that democracies, notably after the end of the great geopolitical contest with the ‘evil empire’, have tended to initiate and fight wars no one else would — either to preserve international law and the national sovereignty of states with which they are not allied against aggression, as in the Gulf war of 1991;1to bring food to people against the armed resistance of warlords, as in Somalia in 1993; to terminate massive breaches of human rights as in Bosnia 1995 or Kosovo 1999; to prop up failed states as in Sierra Leone in 2002; or to prevent the proliferation of weapons of mass destruction, democratize forcefully an erstwhile dictatorship, and reshape the strategic face of a region torn by repressive regimes and continuing violence as in Iraq in 2003. Democratic peace theory has to account for this inclination to fight ‘democratic wars’. Once the focus is on this issue, another, extremely important fact comes to light that has been concealed by the data showing average probabilities of democratic war involvement: that the military engagement of democracies in armed conflict is distributed very unevenly. The bifurcation of democratic policies towards war and peace is most tangible in the high variation of democracies’ propensity to participate in violent disputes. Figure 1 shows the descriptive statistics for the militarized disputes involving the use of force of those 22 states between 1950 and 2001 that have been consistently democratic at a level of 7 and higher on the combined autocracy/democracy scale of Polity IV.2The data show an extremely unequal distribution of involvement in militarized disputes that has been obscured almost completely in the majority of statistical studies on democracy and war. Of the 283discrete involvements by these stable democracies, 75.6% of these were carried out by just four countries (19% of the whole group): Israel, the United States, India, and the United Kingdom. The argument that smaller states have little chance to get involved cannot be taken seriously in the age of coalition warfare which makes military involvement particularly easy for democracies with close security relationships, even without power projection capacities of their own. Since World War II at the latest, major armed conflicts have been fought by at times large coalition ST Innovation 1NC They will still have access- government can still influence companies Newman 14 Lily Hay Newman, 12-5-2014, "Senator Proposes Bill to Prohibit Government-Mandated Backdoors in Smartphones," Slate Magazine, http://www.slate.com/blogs/future_tense/2014/12/05/senator_wyden_proposes_secure_data _act_to_keep_government_agencies_from.html//SRawal It's worth noting, though, that the Secure Data Act doesn't actually prohibit backdoors—it just prohibits agencies from mandating them. There are a lot of other types of pressure government groups could still use to influence the creation of backdoors, even if they couldn't flat-out demand them. Here's the wording in the bill: "No agency may mandate that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency." Innovation makes energy conservation and the effects of global warming worse – turns innovation Olsen 13 (Morten Olsen, assistant professor of economics at Harvard, January 11, 2013,“Will Innovation Save the Planet? How the principles of successful innovation could slow global warming.” http://www.europeanbusinessreview.com/?p=2086) Let’s start with the first principle: the ‘how.’ This principle of innovation states that most innovation is primarily directed at making a product either cheaper or more attractive to the consumer.¶ That is a good thing, you may say, pointing to a long and growing list of green innovation designed to improve our lives and world: hybrid cars, lighter, better and more efficient airplanes, increasingly efficient electricity production, virtual online meetings and so on. Surely with all these improvements, the energy consumption of the average human is bound to decrease and with it, harmful emissions. This sounds like a compelling argument. Unfortunately, it is likely to be wrong.¶ First, part of the savings from higher energy efficiency is lost to higher consumption. Consider aviation: in recent decades, huge improvements have been achieved not just in fuel efficiency, but also in comfort, speed and, above all, price – all of which increases the attractiveness, demand and thus incidence of flying. A higher consumption of fuel then follows these increases in flights. So while fuel consumption per passenger mile dropped more than 30% between 1975 and 2000 in the United States, Furthermore, the rise of a new global middle class eager for energy intensive consumption, suggests an uphill battle in energy efficiency improving enough to keep global warming in check.¶ Paradoxically, not only do increases in energy efficiency encourage higher usage, they may also promote a migration towards less environmentally friendly products. Take cars for example. According to the Ford Motor Company, the Ford Model T introduced in 1908 boasted a fuel mileage of up to 21 miles a the total miles traveled far outstripped those gains, leading to a more than doubling of fuel consumption during the same period. gallon (11 l/100 km.) While engine efficiency technology has improved substantially over the last century, much of that technological improvement has resulted in larger, heavier cars and not better mileage, epitomized by the popularity of SUVs in the U.S. which even almost a century later can rarely match the Model T in fuel efficiency. It is true that the range of car options have grown considerably since the Model T to include models that are considerably more fuel-efficient, but this great variety of choices further increases the desirability of a car such that many households today have two or more.¶ While engine efficiency technology has improved substantially over the last century, much of that Successful innovation that leads to increased energy efficiency ultimately makes usage cheaper, which increases consumption and in turn reduces and may even reverse those original gains from higher efficiency. Unfortunately, there is little reason to expect this counter-balancing effect to abate in the future. Such insight dates back to the young British economist technological improvement has resulted in larger, heavier cars and not better mileage, epitomized by the popularity of SUVs in the U.S.¶ William Stanley Jevons of the late 19th century who observed that “[i]t is wholly a confusion of ideas to suppose that the economical use of fuel is equivalent to a diminished consumption. The very contrary is the truth,” referring to the folly of the common presumption that increasing the efficiency of coal would reduce British coal use3. Jevons was largely right in his observation and the increased efficiency of British machinery only succeeded in making the use of energy cheaper and easier, encouraging further consumption. The effect was originally known as the “Jevons Paradox,” though in its modern incarnation it is known as the “Rebound effect.” Given its potential to paradoxically overturn the positive effects of energy efficiency, the Rebound Effect continues to be a source of great debate and research.¶ As there is little doubt to the intellectual validity of this argument, researchers have sought to uncover its empirical validity4. In principle, all that is needed to assess the size of the rebound effect is to demand change from lower prices, i.e. the price elasticity. It is easy to see the empirical challenges: in the short run, more efficient air conditioners may lead to an increased use of AC, in the medium term this may result in additional consumer purchase and utilization, and in the long-run, perhaps even migrations of people to areas that were previously almost uninhabitable prior to the invention of AC systems. It is difficult to imagine the current modern day migration toward southern U.S. states without the convenience of air-conditioned houses, offices, cars and supermarkets. Though reasonable estimates in the short run imply a loss of 10-30 per cent of the original efficiency gains, it is practically impossible to estimate the (larger) long-run effects, which are likely sizeable5. The use of AC is just a case in point. Today the U.S. uses as much electricity to cool buildings as it did for all purposes in 19556.¶ Second, even if innovation were to reduce energy consumption from the usage of existing products, innovation does more than just improve the efficiency of existing From the advent of AC to the Internet of the present and possibly space tourism in the future, a stream of new highly energy-¶ intensive products is constantly being introduced, along with new versions of existing products, such as the products. Tata Nano – the cheapest car in the world – targeted at a new global middle class in India. Although such products improve the lives of millions of people around the world, they raise an even higher bar on the necessary reduction of energy for the use of already existing products.¶ Third, successful innovation is not limited to consumer products. Deepwater drilling, liquid natural gas transport over long distances and shale gas extraction are examples of successful innovation that increases available energy. (The ability to drill for oil in deep water, transport liquid natural gas over long distances, and extract shale gas all make more energy available to us.) Though a global shift towards cleaner burning natural gas might reduce emissions on a per unit of energy basis, huge global reserves of shale gas will continue to provide access to vast amounts of fossil fuel.¶ The Jevons paradox need not imply that innovation is worthless, but rather that the anticipated environmental benefits of innovation may be limited. On the contrary; because innovation has allowed us to use energy and other resources far more efficiently, we have been able to improve our livelihoods. However, although the power of private innovation continues to amaze us all, there is no reason to suspect that this process will reduce our overall emissions. Concept of end-to-end no longer applies for the modern internet Clarke 11 (David D Clark, is a¶ Senior Research Scientist at the MIT Computer¶ Science, 2011 “The end-to-end argument and application design: the role of trust” http://groups.csail.mit.edu/ana/People/DDC/E2E-07-Prepub-6.pdf Applications and services on the Internet today do not just¶ reside at the “end points”; they have become more complex,¶ with intermediate servers and services provided by third¶ parties interposed between the communicating end-points.¶ Some applications such as email have exploited intermediate¶ servers from their first design. Email is not delivered in one¶ transfer from original sender to ultimate receiver. It is sent¶ first to a server associated with the sender, then to a server¶ associated with the receiver, and then finally to the receiver.¶ This reality has caused some observers to claim that the end-to-end¶ argument is dead. By one interpretation, all of these¶ intermediate agents seem totally at odds with the idea that¶ function should be moved out of the network and off to the¶ end-points. In fact, the end-to-end argument, as described in¶ the original paper, admits of interpretations that are¶ diametrically opposed. When we consider applications that are¶ constructed using intermediate servers, we can view these¶ servers in two ways. An Internet purist might say that the¶ “communications subsystem” of the Internet is the set of¶ connected routers. Servers are not routers, they are just¶ connected to them. As such, they are outside the¶ “communications subsystem,” and by this reasoning, it is¶ compatible with the end-to-end argument to place servers¶ anywhere in “the rest” of the system. On the other hand, these¶ servers do not seem like “ends,” and thus they seem to violate¶ the idea of moving functions to the ends. Emissions falling now—every indicator proves Romm 15 (Joe Romm, Ph.D in Physics from MIT, worked at the Scripps Institution of Oceanography, Fellow of the American Association for the Advancement of Science, former Acting Assistant Secretary of the U.S. Department of Energy, awarded an American Physical Society Congressional Science Fellowship, executive director of Center for Energy and Climate Solutions, former researcher at the Rocky Mountain Institute, former Special Assistant for International Security at the Rockefeller Foundation, taught at Columbia University's School of International and Public Affairs, Senior Fellow at the Center for American Progress, “Record First: Global CO2 Emissions Went Flat In 2014 While The Economy Grew,” 3/13/15) http://thinkprogress.org/climate/2015/03/13/3633362/iea-co2-emissions-decouple-growth/ Energy-related carbon dioxide emissions flatlined globally in 2014, while the world economy grew. The International Energy Agency reports that this marks “the first time in 40 years in which there was a halt or reduction in emissions of the greenhouse gas that was not tied to an economic downturn.” The IEA attributes this remarkable occurrence to “changing patterns of energy consumption in China and OECD countries.” As we reported last month, China cut its coal consumption 2.9 percent in 2014, the first drop this century. China is aggressively embracing energy efficiency, expanding clean energy, and shuttering the dirtiest power plants to meet its planned 2020 (or sooner) peak in coal use. As a result, Chinese CO2 emissions dropped 1 percent in 2014 even as their economy grew by 7.4 percent. At the same time, the Financial Times points out “In the past five years, OECD countries’ economies grew nearly 7 percent while their emissions fell 4 percent, the IEA has found.” A big part of that is the United States, where fuel economy standards have reversed oil consumption trends — and renewable energy, efficiency, and natural gas have cut U.S. coal consumption. All this “provides much-needed momentum to negotiators preparing to forge a global climate deal in Paris in December,” explained IEA Chief Economist Fatih Birol, who was just named the next IEA Executive Director. “ For the first time, greenhouse gas emissions are decoupling from economic growth.” CO2vsGDP CREDIT: IEA, FINANCIAL TIMES The IEA notes that in 40 years of CO2 data collection, the three previous times emissions have flatlined or dropped from the prior year “all were associated with global economic weakness: the early 1980’s [due to the oil shock and U.S. recession]; 1992 and 2009.” Remember the pre-Paris pledges we already have: China to peak in CO2 emission by 2030 (or, likely, sooner), EU to cut total emissions 40 percent below 1990 levels by 2030, and U.S. “to cut net greenhouse gas emissions 26-28 percent below 2005 levels by 2025.” That means there is a very real prospect for a game-changing global deal coming out of Paris this year. Such a deal would not will “not get us onto the 2°C pathway,” as Christiana Figueres, the top UN climate official, and others have explained. But it would get us off the catastrophic 6°C path and lead to a permanent decoupling of GDP and CO2. And that would give the next generation a realistic chance at coming close to a 2°C path in the 2020s and 2030s. That’s when stronger action will become more viable as it becomes harder to deny the painful reality of just how dire our situation is — and as the sped-up deployment of clean energy required for countries to meet Paris commitments make achieving 2°C even more super-cheap. Extensions to Newman 14 Newman 14 talks about how there are multiple types of pressure that government groups could use to influence the creation of backdoors without flat-out demanding them. The plan doesn’t prohibit backdoors, it just prohibits agencies from mandating them. This means that innovation still gets cut because internet flow is still centralized. The Government will go through loopholes in the bill to attain backdoors EFF, 14 (Electronic Freedom Foundation, “Security Backdoors are Bad News—But Some Lawmakers Are Taking Action to Close Them,” 12-9-14, https://www.eff.org/deeplinks/2014/12/securitybackdoors-are-bad-news-some-lawmakers-are-taking-action-close-them, BC) The legislation isn’t comprehensive, of course. As some have pointed out, it only prohibits agencies from requiring a company to build a backdoor. The NSA can still do its best to convince companies to do so voluntarily. And sometimes, the NSA’s “best convincing” is a $10 million contract with a security firm like RSA.∂ The legislation also doesn’t change the Communications Assistance for Law Enforcement Act (CALEA.) CALEA, passed in 1994, is a law that forced telephone companies to redesign their network architectures to make it easier for law enforcement to wiretap telephone calls. In 2006, the D.C. Circuit upheld the FCC's reinterpretation of CALEA to also include facilities-based broadband Internet access and VoIP service, although it doesn't apply to cell phone manufacturers. Extensions to Environment Turn Innovation makes energy conservation and climate change worse. The Olsen 13 from the 1NC talks about how increases in efficiency encourage higher usage, and since innovation makes usage cheaper, consumption increases. Olsen cites the Ford Model T of 1908 that boasted a low fuel mileage, but essentially the technological improvement has resulted in larger, heavier cars, epitomized by the popularity of SUVs in the US. Extensions to Enviro Defense The Romm 15 from the 1NC discusses how greenhouse gas emissions are finally decoupling from economic growth mostly because fuel economy standards have reversed oil consumption trends, and renewable energy, efficiency, and natural gas have cut US coal consumption. Innovation logic stifles climate change solutions – ensures economic inequality and escalates environmental issues – turns their global warming impact. Parr 15 Adrian Parr, Associate Professor at the Department of Sociology & School of Architecture and Interior Design at the University of Cincinnati, “The Wrath of Capital: Neoliberalism and Climate Change Politics – Reflections,” June 2015, Geoforum, Vol. 62, p. 70-2, fwang In retrospect I wonder if I should have opened The Wrath of Capital with my closing remarks: ‘I close with the following proposition, which I mean in the most optimistic sense possible: our politics must start from the point that after 2050 it may all be If the human race continues on its current course, then the earth could very well become an inhospitable place for a great many species, people included over.’ (Parr, 2013: 147). The emphasis here is on maybe. A future world of rising oceans, extreme weather events, species extinction, pollution, and increasing inequity is not inevitable. . To change course though, humanity needs to begin with a healthy dose of critical realism and an optimistic understanding of the political opportunities climate change presents. ¶ Using a neoliberal framework to craft solutions to climate change produces a vicious circle that reinstates the selfsame social organization and broader sociocultural and economic structures that have led to global climate change. The Wrath of Capital shows that climate change is not just an economic, cultural, or technological challenge. It is a political dilemma. Rigorous thinking and broadening our understanding of flourishing and emancipatory politics are important resources we can use to counter the narrow-minded view that the free market will solve the challenges climate change poses. ¶ The central focus of The Wrath of Capital is how ‘opportunity’ is put to work in climate change politics. Is it a moralizing or political operation? The conclusion I draw is that thus far the neoliberal framework of climate change politics has turned it into a moralizing discourse. For as I show th e discourse exposes a racist, sexist, privileged political subject and an inefficient and ineffectual public sphere that should hand resources over to the private sector who points the finger of blame in the direction of underdeveloped countries overpopulating the earth, the Chinese polluting the atmosphere, ‘primitive societies’ in need of ‘modernizing’ their economies and governments, the ownership and management of common pool . All are moralizing arguments presented under the umbrella of climate change solutions. It is therefore important we recognize these are not political arguments. Arguments of this kind do not view the ‘o pportunity’ in question as a platform for transforming otherwise oppressive, exploitative, and coercive power relations. ¶ To briefly restate the argument I develop. I start with a now well known and oft cited fact that the scientific consensus is human activities are changing global climate. If this situation simply catastrophic given the prevailing economic and political influence neoliberalism currently has, solutions to the question of what to do about climate change have used a neoliberal point of reference ¶ continues predictions for the future of all life on earth are far from good, and by some accounts these are quite . Obviously we need to change course but the lingering question is how to do this? Unsurprisingly, . The principles of the free market, privatization, individualism, consumerism, and competition all shape the current direction of climate change politics. In the book I describe how the logic of the free market has resulted in a new brand of capitalism – climate capitalism – that has led to the creation of a market in pollution (cap and trade, or emissions trading) which has placed the limits climate change poses for capitalism back in the service of capital accumulation. Vast tracts of land have accordingly been turned into green energy farms (solar panels or wind farms), which in theory is a fabulous idea, but when practiced unchecked leads to land grabbing. Another form of land appropriation taking place under the guise of climate change solutions is the greening of cities. Green urbanism, as it is commonly called, refers to modifying cities so as to make them more environmentally friendly. This involves the creation of bike paths, green roofs, public transportation, green spaces, pedestrian friendly cities, efficient land use policies, and energy efficient buildings; all fabulous initiatives that potentially could improve the lives of all city dwellers. I show how green urbanism trumps equitable urbanism. Green urbanism in Chicago has also been used to justify demolishing public housing in a city where land values are growing and the poor are turned out on to the rental market with vouchers in hand designed to offset the higher rental costs. David Harvey fittingly calls this ‘accumulation by dispossession’, when public wealth is privatized and the poor are displaced (Harvey, 2003). ¶ The global population is expected to peak at just over 9 billion people in 2050. The argument is that more people will place the ecological balance of life on earth under serious strain, and along with more people comes more greenhouse gas emissions. Focusing on population numbers means that the population debate, as it figures within climate change political discourse, fails to acknowledge qualitative differences. For instance, not everyone impacts the climate equally. Not everyone has a dangerously high ecological footprint. The more well to do citizens of the world produce the greatest ecological burdens. Similarly the fear over China’s growing national emissions typically points to a growing Chinese middle class of eager consumers. However, comparing national greenhouse gas emissions does not honestly represent national if we consider how much dirty manufacturing high-income nations outsource to China then we come to realize that high-income nations are in large part responsible for China’s growing emissions ¶ emissions. One can easily be fooled into thinking China poses the greatest threat to achieving a global reduction in greenhouse gas emissions. However, . In addition, there are serious theoretical shortcomings to how per capita emissions statistics figure within climate change discourse. Rates of consumption rely upon the individual subject being the primary unit of analysis, at the expense of analyses that produce a nuanced examination of how different collective scenarios, such as household size and whether a person is an urban or rural dweller, also impact patterns of consumption. More importantly the per capita analysis of reproduction does not account for how inequity works within the larger discourse of reproductive rights. I ask: ‘Are the poor women from low-and middle-income countries having fewer babies so that the affluent can continue to consume a steady line of cheap commodities that are made by the cheap labor of these selfsame women?’ (Parr, 2013: 50). I use the example of women working at the plastic-recycling center in the Dharavi slum in Mumbai to explain that women being ‘liberated’ from the reproductive role traditionally assigned to them does not necessarily lead to emancipation. Indeed the women I met were working around the clock in filthy conditions with no workers rights returning to a tiny shack and a long list of domestic chores that had them working well into the night and rising before the sun came up. In this context the population debate fails to tackle the feminist problem of how women’s bodies are coded, and the location of female bodies in a matrix of power that is oppressive and exploitative. Tangentially related to the population debate is the growing concern over the diminishing quality and quantity of potable water. For example, the United Nations ‘predicts that by 2025 two out of three people will be living in conditions of water stress, and 1.8 billion people will be living in regions of absolute water scarcity’ (Parr, 2013: 53). If we also consider how climate change is changing the hydrologic cycle it is unsurprising that competition over water resources is mounting. This situation has spurred on a burgeoning water market, resulting in the privatization of water resources and unlikely marriages between the public and private sector to form. Water scarcity, when combined with extreme weather events and changing seasonal patterns also impacts food production. The solution to this has been the widespread industrialization of food production which I explain has led to a growing market in patenting indigenous ecological knowledge, seeds, and the violent exploitation of animal reproductive systems and immigrant labor.¶ Using the logic of neoliberalism to ‘solve’ the crisis climate change poses is not a solution it is a displacement activity. And as the final chapter argues, this displacement activity is an act of violence that conceals a deeper structural violence, or what Zizek would call the ‘objective violence’, of global capitalism (Zizek, 2010) such that the political weight of the problem is no longer felt. Critically engaging with this structure of objective violence is a necessary first step in creating emancipatory solutions and engaging new political subjectivities. ¶ Some reviewers have disputed the book for lacking concrete solutions (Stoekl, 2013; Pearse, 2014). Others regard my conclusions as pessimistic (Cuomo and Schueneman, 2013: 699), stating the message I leave a reader with is one of general futility (Miller, 2013: 1). I understand the criticism but I would disagree adding that I tackle the nihilistic condition of climate change politics describing how it empties the political promise of futurity out of climate change discourse. What is nihilistic, in my view, is presenting a neoliberal worldview as a universal instead of appreciating it is merely a construction and as such it is refutable. Recognizing this, describing how it works, and understanding its contingent character is for me a political strategy. ¶ Allan Stoekl asks ‘If we are to do away with consumerist individualism’ then, ‘what, in practice, will replace it?’ (Stoekl, 2013: 4). I am coming at this issue from a slightly different vantage point. Instead of hoping to eliminate consumerist individualism, I am more interested in the machinic problem of how consumerist individualism works. This point is indebted to Deleuze and Guattari’s analysis of desire as social. As I see it, we need to first recognize that individualism as expressed through consumption is just one kind of investment human energies and affects can take. This point is at the core of my analysis of sustainability culture in Hijacking Sustainability (Parr, 2009). The observation has concrete political consequences for it means energies and affects can be re-directed away from individual consumption and find investment in more emancipatory outcomes. Consumerist individualism is therefore not inevitable; it can be countered, but only if we first grasp how it works.¶ Stoekl goes on to inquire what kind of government, ‘elected by whom, and with what (and whose) money’ could successfully realize a sustainable project (Stoekl, 2013: 4). His query echoes a similar question raised by Rebecca Pearse who writes, ‘How to turn a sense of humanity’s complicity with violence of capital into political practice is less clear.’ (Pearse, 2014: 133). Likewise Ryder W. Miller recognizes the book’s call to ‘carry on’, yet without presenting ‘many new options or ideas’ (Miller (2013): 1). I do outline an alternative approach to governance, recognizing that often this issue is presented as havi ng either a vertical orientation (State or corporate governance) or one that is constituted as a horizontal mass movement (grassroots organization, local initiatives). I suggest a more collaborative and equitable governance structure might emerge from a transversal operation, whereby the horizontal and vertical dialectically engage each other.¶ Whilst I acknowledge the importance of presenting concrete solutions that governments, people, and entrepreneurs can implement, the point I make is that if politics remains at the level of neoliberal outcomes this presumes solutions to the problems climate change poses are properly the province of capital accumulation. In my view, this is not a solution it is an act of bad faith. Under such circumstances climate change politics is neutralized and is even reduced to a mere banality, because it is stripped of its transformative potential. Solving the climate change puzzle cannot be achieved under the rubric of neoliberalism because this occurs at the expense of an emancipatory project. Life will never be sustainable if the structural violence of capital accumulation continues unchecked. This distinction is ultimately an intellectual problem concerning understanding. ¶ What I set out to do is expand the reader’s understanding of how neoliberalism has become the standard against which all social, economic, cultural, and political responses to climate change are measured. Solutions are constructions and currently these primarily take place within a neoliberal frame. In my view this is lazy thinking and it has produced a narrow, even ignorant view of what opportunity consists of. The opportunity climate change presents is primarily valued as an instrument of privatization, individualism, consumption, commodification, and capital accumulation. The Wrath of Capital critiques this kind of reductive thinking explaining it arises when the practices of climate change politics are disaggregated from gender, racism, class relations, speciesism, and sexuality. If we widen the lens of climate change analysis to include the forces of exploitation, oppression, and inequity then we allow deeper ontological problems to surface. Thinking about these issues within the context of climate change discourse is a political strategy because it shifts the priorities away from capital accumulation and onto advancing the social good.¶ All in all The Wrath of Capital identifies the myriad ways in which climate change politics has gained traction, however, I go on to consider how the logic of neoliberalism infects the potential political opportunity climate change presents. As neoliberalism enters the arenas of climate change discourse, policy, debate, and solutions – economic growth, population growth, food and water scarcity, spectacle – the transformative political opportunity is hollowed out. So yes, I do end with a desperate plea announcing all roads currently lead us through the gates of capitalist heaven. However, this is only true if our politics ignores the emancipatory promise of political change and continues on its current neoliberal trajectory. Under this schema the opportunity in question merely constructs passive subjectivities that are circumscribed by the inevitability of a neoliberal future. I maintain this is only inevitable as long as the neoliberal inscription of all spaces for all times remain closed to critique. ¶ By outlining the central features and shortcomings of climate change political discourse and praxis I hope to strategically position the reader at a conjuncture: between paralyzing catastrophe and innovative change. I view conjunctures of this kind as the basis of a collective choice. People are faced with a very real choice – to either give into the ‘catastrophic imagination’ that climate change discourse currently espouses to borrow from Brad Evans and Julian Reid (Evans and Reid, 2014), or revitalize and reinvigorate the political imagination. The recognition that it could be over if we do not begin to act and think differently implies it can be otherwise. It was in this sense that I see the closing statement of the book as optimistic.¶ With the realization that humanity has a choice comes the possibility of denying that our futures necessarily coalesce in one all encompassing neoliberal future. This would be a future where everything in the world, all social and ecological relations is captured by the oppressive forces of capital accumulation, competition, consumption, and privatization. Leaving climate change up to the market to solve is a cop out. Part of the solution comes from understanding we cannot afford to let ourselves off the hook so easily. Neoliberal thinking forecloses the future off to its inherent unpredictability and creativity; this is not ‘thinking’ it is ignorance. Understanding we have a choice to do otherwise is, in my view, an important part of any solution to climate change. The opportunities climate change presents are a matter of potential lives. What kind of future lives would we like to create? Or, what would we like to become? When answering these questions we do not have to view the future through the matrices of neoliberalism and capital accumulation. Developing a broader understanding of how neoliberal thinking has hijacked climate change politics opens the doors onto the next task at hand: how we might see ourselves and our future differently ST Cyber-crime 1NC Backdoors in commercial software key to the ability to prevent multiple cyber-crimes. Comey 07/08/15 (James B. Comey, Director of Federal Bureau of Investigation, Jul 8, 2015, “Going Dark: Encryption, Technology, and the Balances Between Public Safety and Privacy”, https://www.fbi.gov/news/testimony/going-dark-encryption-technology-and-the-balancesbetween-public-safety-and-privacy) In recent years, new methods of electronic communication have transformed our society, most visibly by enabling ubiquitous digital communications and facilitating broad e-commerce. As such, it is important for our global economy and our national security to have strong encryption standards. The development and robust adoption of strong encryption is a key tool to secure commerce and trade, safeguard private information, promote free expression and association, and strengthen cyber security. The Department is on the frontlines of the fight against cyber crime, and we know first-hand the damage that can be caused by those who exploit vulnerable and insecure systems. We support and encourage the use of secure networks to prevent cyber threats to our critical national infrastructure, our intellectual property, and our data so as to promote our overall safety. American citizens care deeply about privacy, and rightly so. Many companies have been responding to a market demand for products and services that protect the privacy and security of their customers. This has generated positive innovation that has been crucial to the digital economy. We, too, care about these important principles. Indeed, it is our obligation to uphold civil liberties, including the right to privacy. We have always respected the fundamental right of people to engage in private communications, regardless of the medium or technology. Whether it is instant messages, texts, or old-fashioned letters, citizens have the right to communicate with one another in private without unauthorized government surveillance—not simply because the Constitution demands it, but because the free flow of information is vital to a thriving democracy. The benefits of our increasingly digital lives, however, have been accompanied by new dangers, and we have been forced to consider how criminals and terrorists might use advances in technology to their advantage. For example, malicious actors can take advantage of the Internet to covertly plot violent robberies, murders, and kidnappings; sex offenders can establish virtual communities to buy, sell, and encourage the creation of new depictions of horrific sexual abuse of children; and individuals, organized criminal networks, and nation-states can exploit weaknesses in our cyber-defenses to steal our sensitive, personal information. Investigating and prosecuting these offenders is a core responsibility and priority of the Department of Justice. As national security and criminal threats continue to evolve, the Department has worked hard to stay ahead of changing threats and changing technology. We must ensure both the fundamental right of people to engage in private communications as well as the protection of the public. One of the bedrock principles upon which we rely to guide us is the principle of judicial authorization: that if an independent judge finds reason to believe that certain private communications contain evidence of a crime, then the government can conduct a limited search for that evidence. For example, by having a neutral arbiter—the judge—evaluate whether the government’s evidence satisfies the appropriate standard, we have been able to protect the public and safeguard citizens’ Constitutional rights. The Department of Justice has been and will always be committed to protecting the liberty and security of those whom we serve. In recent months, however, we have on a new scale seen mainstream products and services designed in a way that gives users sole control over access to their data. As a result, law enforcement is sometimes unable to recover the content of electronic communications from the technology provider even in response to a court order or duly-authorized warrant issued by a federal judge. For example, many communications services now encrypt certain communications by default, with the key necessary to decrypt the communications solely in the hands of the end user. This applies both when the data is “in motion” over electronic networks, or “at rest” on an electronic device. If the communications provider is served with a warrant seeking those communications, the provider cannot provide the data because it has designed the technology such that it cannot be accessed by any third party. Threats¶ The more we as a society rely on electronic devices to communicate and store information, the more likely it is that information that was once found in filing cabinets, letters, and photo albums will now be stored only in electronic form. We have seen case after case—from homicides and kidnappings, to drug trafficking, financial fraud, and child exploitation—where critical evidence came from smart phones, computers, and online communications.¶ When changes in technology hinder law enforcement’s ability to exercise investigative tools and follow critical leads, we may not be able to identify and stop terrorists who are using social media to recruit, plan, and execute an attack in our country. We may not be able to root out the child predators hiding in the shadows of the Internet, or find and arrest violent criminals who are targeting our neighborhoods. We may not be able to recover critical information from a device that belongs to a victim who cannot provide us with the password, especially when time is of the essence.¶ These are not just theoretical concerns. We continue to identify individuals who seek to join the ranks of foreign fighters traveling in support of the Islamic State of Iraq and the Levant, commonly known as ISIL, and also homegrown violent extremists who may aspire to attack the United States from within. These threats remain among the highest priorities for the Department of Justice, including the FBI, and the United States government as a whole.¶ Of course, encryption is not the only technology terrorists and criminals use to further their ends. Terrorist groups, such as ISIL, use the Internet to great effect. With the widespread horizontal distribution of social media, terrorists can spot, assess, recruit, and radicalize vulnerable individuals of all ages in the United States either to travel or to conduct a homeland attack. As a result, foreign terrorist organizations now have direct access into the United States like never before. For example, in recent arrests, a group of individuals was contacted by a known ISIL supporter who had already successfully traveled to Syria and encouraged them to do the same. Some of these conversations occur in publicly accessed social networking sites, but others take place via private messaging platforms. These encrypted direct messaging platforms are tremendously problematic when used by terrorist plotters. Alt causes to DDos attacks Caudle 07/27/15 (Rodney Caudle is director of information security at NIC Inc., Jul 27, 2015, How to minimize the impact from DDoS attacks, http://gcn.com/articles/2015/07/27/ddosattack-mitigation.aspx) In early 2000, one of the first known distributed denial-of-service (DDoS) attacks shut Yahoo down for three hours when an attacker repurposed a university’s computers to flood the Internet portal’s traffic. Such synchronized attacks from multiple sources against a sole target characterize DDoS attacks, a relatively new phenomenon as compared to “traditional” denial-of-service (DoS) attacks, which originate from a single source.¶ Thanks in part to the increased number of devices on the Internet and the availability of high-speed Internet access for the average user, there’s a larger pool of possible sources for all kinds of technological attacks. In the early 2000s, DDoS attacks reached a speed of approximately 4 gigabit/sec. Now, they average between 10 and 60 Gbps per second – or even faster. A DDoS incident this past February peaked at almost 400 Gbps. And the average DDoS attack now lasts 17 hours.¶ Three types of DDoS attacks have appeared in recent years:¶ Resource consumption. A common instantiation resource consumption attack is a SYN flood. Attackers initiate a large number of bogus connection requests to a single destination. The targeted server acknowledges the requests, but the attackers fail to send the final pieces of information to complete the “three-way handshake” required to establish a connection between two computers. While the server waits for the expected response, new connection requests continue pouring in until all available connections are consumed, preventing communication with legitimate users. Attackers also may launch a resource consumption attack by attempting to exhaust the target server’s disk space or another finite resource by using legitimate traffic to force the server into creating large numbers of log files.¶ Bandwidth consumption. Attackers consume all available bandwidth on the networks leading to the targeted server by sending bogus network traffic in quick succession. The resulting surge – which doesn’t have to come from legitimate traffic or even traffic the server usually recognizes as legitimate – renders the targeted server unavailable. Its impact is greater still because it also can take down other servers on the same immediate network.¶ Keeping connections open. Attackers complete numerous three-way handshakes to establish legitimate connections, but then use Slowloris software to delay the process by designing each connection to instruct the target that it is “busy.” It’s similar to answering a phone call and then being placed on hold for an hour while the person who called takes care of something else. Allowing for the possibility that these users are operating on slow or unreliable networks, the target server waits. The attackers can keep numerous connections open for extended periods by sending a data fragment to each connection every few minutes, thus tying up the server so it can’t respond to legitimate traffic. Encyrption being good should not be assumed Wittes 07/12/15 (Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution, July 12, 2015, “Thoughts on Encryption and Going Dark, Part II: The Debate on the Merits” http://www.lawfareblog.com/thoughtsencryption-and-going-dark-part-ii-debate-merits There's a final, non-legal factor that may push companies to work this problem as energetically as they are now moving toward end-to-end encryption: politics. We are at very particular moment in the cryptography debate, a moment in which law enforcement sees a major problem as having arrived but the tech companies see that problem as part of the solution to the problems the Snowden revelations created for them. That is, we have an end-to-end encryption issue, in significant part, because companies are trying to assure customers worldwide that they have their backs privacy-wise and are not simply tools of NSA. I think those politics are likely to change. If Comey is right and we start seeing law enforcement and intelligence agencies blind in investigating and preventing horrible crimes and significant threats, the pressure on the companies is going to shift. And it may shift fast and hard. Whereas the companies now feel intense pressure to assure customers that their data is safe from NSA, the kidnapped kid with the encrypted iPhone is going to generate a very different sort of political response. In extraordinary circumstances, extraordinary access may well seem reasonable. And people will wonder why it doesn't exist.¶ Which of these approaches is the right way to go? I would pursue several of them simultaneously. At least for now, I would hold off on any kind of regulatory mandate, there being just too much doubt at this stage concerning what's doable. I would, however, take a hard look at the role that civil liability might play. I think the government, if it's serious about creating an extraordinary access scheme, needs to generate some public research establishing proof of concept. We should watch very carefully how the companies respond to the mandates they will receive from governments that will approach this problem in a less nuanced fashion than ours will. And Comey should keep up the political pressure. The combination of these forces may well produce a more workable approach to the problem than anyone can currently envision. Extensions to Newman 14 on Cyber-Crime Cross-apply the Newman 14 from the innovation flow, cybercrime still happens because governments are still able to coerce companies into providing backdoors. ST Circumvention 1NC Reforms fail – the NSA will circumvent Greenwald 14 (Glenn, lawyer, journalist and author – he founded the Intercept and has contributed to Salon and the Guardian, named by Foreign Policy as one of the Top 100 Global Thinkers of 2013, “CONGRESS IS IRRELEVANT ON MASS SURVEILLANCE. HERE’S WHAT MATTERS INSTEAD”, https://firstlook.org/theintercept/2014/11/19/irrelevance-u-s-congress-stoppingnsas-mass-surveillance/) All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy. Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Government officials will continue surveillance regardless— agency shifts Bernstein, 2015 (Leandra is an author for a world renowned news organization called Sputnik. The article cites a former FBI agent disclosure. “Former FBI agent: Government Likely to Continue Domestic Surveillance” http://sputniknews.com/us/20150703/1024143850.html#ixzz3fsjk9IPBhttp://sputniknews.com/us/20150703/1024143850.htmlFor mer Date Accessed- 7/14/15. Anshul Nanda.) Federal Bureau of Investigation agent Coleen Rowley claims that the US government will likely continue its pattern of domestic surveillance.¶ WASHINGTON (Sputnik), Leandra Bernstein — The US government will likely continue its pattern of domestic surveillance following the Monday court ruling to temporarily extend bulk data collection, whistleblower and former Federal Bureau of Investigation agent Coleen Rowley told Sputnik.¶ “I think, if the past is any predictor of the future, that US government officials will find yet another way around any legal restrictions to continue their ‘Total Information Awareness’ project,” Rowley said.¶ On Monday, the Foreign Information Surveillance Act (FISA) Court issued a ruling upholding the National Security Agency (NSA) to continue bulk collection of metadata, a program that was supposed to be ended with the passage of the USA Freedom Act in May 2015.¶ The ruling was based on a motion filed by civil libertarian groups demanding an immediate end to the metadata collection program, which was deemed unconstitutional by a US federal appeals court in May 2015.¶ Asked what the Monday ruling means for the future of government surveillance reform, Rowley stated, “I think the Judge [Michael Mosman] probably answered this in his ‘Plus ca change, plus c'est la meme chose’ [the more things change, the more they stay the same] quote.”¶ The new portion of the classified files published by The Intercept now reveals how easily it can be done: “as easy as typing a few words in Google.”¶ © FLICKR/ DON HANKINS¶ NSA Spies Can Hack Any Computer in 'A Few Mouse Clicks'¶ The FISA decision to take advantage of the five-month period to continue mass surveillance did not come as a surprise “based on the past record of illegal government spying,” Rowley explained.¶ The FISA Court authorizes surveillance carried out by the US intelligence community. The Court is permitted to operate in secret, due to the classified activity it oversees.¶ Following the September 11, 2001 terrorist attacks, the George W. Bush administration proposed the implementation of a massive data-mining program called the Total Information Awareness.¶ The program was developed by the Department of Defense research agency to be capable of analyzing private communications, commercial transactions and other data domestically and abroad in order to identify and classify potential terrorist threats.¶ While the program was never officially implemented, multiple programs across the intelligence community accomplished a similar effect, as was revealed in classified documents leaked by NSA whistleblower Edward Snowden in 2013.¶ No checks on executive abuses Glennon ’14, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University. (1/11/14, Michael J. Glennon, Harvard National Security Journal, http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf, vol.5) National security policy in the United States has remained largely constant from the Bush Administration to the Obama Administration. This continuity can be explained by the “double government” theory of 19th-century scholar of the English suggests that U.S. national security policy is defined by the network of executive officials who manage the departments and agencies responsible for protecting U.S. national security and who, responding to structural incentives embedded in the U.S. political system, operate largely removed from public view and from constitutional constraints. The public believes that the constitutionally-established institutions control national security policy, but that view is mistaken. Judicial review is negligible; congressional oversight is dysfunctional; and presidential control is nominal. Absent a more informed and engaged electorate, little Constitution Walter Bagehot. As applied to the United States, Bagehot’s theory possibility exists for restoring accountability in the formulation and execution of national security policy. Extensions of NSA Circumvent The NSA operates with no limits and no oversight, means that they would easily coopt the reform process of the plan. Even with the establishment of congressional intelligence committees and FISC in the 1970’s, the NSA continued doing whatever it wanted, that’s Greenwald 14. Extensions of Agency Shifts Snowden revealed in 2013 that there were about 15 other agencies other than the FBI or NSA that did the same jobs. The only thing we know about these agencies is that they exist, so there is no way to prevent agencies from shifting. Government officials will continue surveillance regardless, that’s Bernstein 15. Extensions of Executive Abuse In the past, executive officials like Bush mandated backdoors despite the passing of a plan that would potentially block them and the existence of the FISC. There are no checks on executive abuses and it’s fairly easy for an official to circumvent the plan, that’s Glennon 14 Obama circumvents all the time- 7 specific times Amy Payne 2014 (“7 Times Obama Ignored the Law to Impose His Executive Will, February 14, 2014, http://dailysignal.com/2014/02/14/7-times-obama-ignored-law-impose-executive-will/, Accessed 7/15/15, EHS MKS) President Obama—the imperial President, the “I’ve got a pen and I’ve got a phone” President who can’t wait to show us his “year of action”—once vowed to do exactly the opposite. The biggest problems that we’re facing right now have to do with George Bush trying to bring more and more power into the executive branch and not go through Congress at all. And that’s what I intend to reverse when I’m President of the United States of America. That was candidate Obama back in 2008. This comment somehow slipped under the radar for the past few years and resurfaced this week. Proving the absurdity of this campaign promise, Heritage’s legal experts have put together a list of seven illegal actions the Obama Administration has taken in the President’s unilateral drive for executive power. If it seems like there should be more than seven, you’re on to something. It’s more complicated than you think to tell what’s illegal or unconstitutional when it comes to presidential power. Heritage’s Elizabeth Slattery and Andrew Kloster explain: While it might not be possible to define in all instances precisely when an action crosses the line and falls outside the scope of the President’s statutory or constitutional authority, what follows is a list of unilateral actions taken by the Obama Administration that we think do cross that line. 1. Delaying Obamacare’s employer mandate The Administration announced that Obamacare won’t be implemented as it was passed, so employers with 50 or more employees don’t have to provide the mandated health coverage for at least another year (and longer if they play their cards right). Slattery and Kloster observe that “The law does not authorize the President to push back the employer mandate’s effective date.” 2. Giving Congress and their staffs special taxpayer-funded subsidies for Obamacare It was uncomfortable for Members of Congress when they realized that, through Obamacare, they had kicked themselves and their staffs out of the taxpayer-funded subsidies they were enjoying for health coverage. But the Administration said no problem and gave them new subsidies. In this case, “the Administration opted to stretch the law to save Obamacare—at the taxpayers’ expense.” 3. Trying to fulfill the “If you like your plan, you can keep it” promise—after it was broken When Americans started getting cancellation notices from their insurance companies because Obamacare’s new rules were kicking in, the President’s broken promise was exposed. He tried to fix things by telling insurance companies to go back to old plans that don’t comply with Obamacare—just for one year. Slattery and Kloster note that “The letter announcing this non-enforcement has no basis in law.” 4. Preventing layoff notices from going out just days before the 2012 election There’s a law that says large employers have to give employees 60 days’ notice before mass layoffs. And layoffs were looming due to federal budget cuts in 2012. But the Obama Administration told employers to go against the law and not issue those notices—which would have hit mailboxes just days before the presidential election. The Administration “also offered to reimburse those employers at the taxpayers’ expense if challenged for failure to give that notice.” 5. Gutting the work requirement from welfare reform The welfare reform that President Bill Clinton signed into law in 1996 required that welfare recipients in the Temporary Assistance for Needy Families program work or prepare for work to receive the aid. The Obama Administration essentially took out that requirement by offering waivers to states, even though the law expressly states that waivers of the work requirement are not allowed. “Despite [the law’s] unambiguous language, the Obama Administration continues to flout the law with its ‘revisionist’ interpretation,” write Slattery and Kloster. 6. Stonewalling an application for storing nuclear waste at Yucca Mountain This was another case where the Administration simply refused to do what was required by law. An application was submitted for nuclear waste storage at Yucca Mountain, but “Despite the legal requirement, the Obama Administration refused to consider the application.” 7. Making “recess” appointments that were not really recess appointments Slattery and Kloster explain that “In January 2012, President Obama made four ‘recess’ appointments to the National Labor Relations Board (NLRB) and Consumer Financial Protection Bureau, claiming that, since the Senate was conducting only periodic pro forma sessions, it was not available to confirm those appointees.” The catch: The Senate wasn’t in recess at the time. Courts have since struck down the appointments, but the illegitimate appointees already moved forward some harmful policies. ST Plan Text Aff hasn’t clarified what “making public” means, so “making public” that we will assist in encryption doesn’t mean that the government will assist – Snowden proves that the NSA will do anything to continue surveillance and helping encrypt software goes directly against that value. Prefer our warrants; empirics and congressional records prove that the NSA does whatever it wants no matter how public they go AT Congressional Oversight They said congressional oversight could work Congressional oversight fails – the government has never been able to police itself Vladeck ‘6/1, professor of law at the American University Washington College of Law. (6/1/15, Stephen Vladeck, Foreign Policy, “Forget the Patriot Act – Here Are the Privacy Violations You Should Be Worried About”, http://foreignpolicy.com/2015/06/01/section215-patriot-act-expires-surveillance-continues-fisa-court-metadata/) The government’s defense, as we’ve come to learn, is flawed in two vital respects: First, as several since-disclosed opinions from the FISA Court have made clear, the government’s minimization requirements under the 2008 statute were often too skimpy, allowing the retention and use of information that both the statute and the Fourth Amendment prohibit. Second — and perhaps more importantly — even where the minimization rules were legally sufficient, there have been numerous instances in which government officials violated them, with the FISA Court only discovering the abuses after they were voluntarily reported by Justice Department lawyers. As a result, the government collected and retained a large volume of communications by U.S. citizens that neither Congress nor the Constitution allowed it to , there isn’t any similar judicial review (or meaningful congressional oversight), which means that it has entirely been up to the government to police itself. As State Department whistleblower John Napier Tye explained last summer, there is every reason to doubt that such internal accountability has provided a sufficient check. In his words, “Executive Order acquire. More alarmingly, with regard to collection under Executive Order 12333 12333 contains nothing to prevent the NSA from collecting and storing all … communications … provided that such collection occurs outside the United States in the course of a lawful foreign intelligence investigation.” To put the matter bluntly, whereas the Section 215 debate has addressed whether the government can collect our phone records, Executive Order 12333 and the 2008 FISA Amendments Act allow the government to collect a lot of what we’re actually saying, whether on the phone, in our emails, or even to our search engines. There is no question that from a privacy perspective, these programs are far more pernicious than what’s been pegged to Section 215.There is also no question that such collection raises even graver constitutional questions than the phone records program. Whereas there is an open debate over our expectation of privacy in the metadata we voluntarily provide to our phone companies, there’s no doubt that we have an expectation of privacy in the content of our private communications. Why, then, has all the fuss been around Section 215 and the phone records program, while the far more troubling surveillance authorities provided by Executive Order 12333 and the 2008 FISA Amendments Act have flown under the radar? Part of it may be because of the complexities described above. After all, it’s easy for people on the street to understand what it means when the government is collecting our phone records; it’s not nearly as obvious why we should be bothered by violations of minimization requirements. Part of it may also have to do with the government’s perceived intent. Maybe it seems more troubling when the government is intentionally collecting our phone records, as opposed to “incidentally” (albeit knowingly) collecting the contents of our communications. And technology may play a role, too; how many senders of emails know where the server is located on which the message is ultimately stored? If we don’t realize how easily our communications might get bundled with those of non-citizens outside the United States, we might not be worried about surveillance targeted at them. But whatever the reason for our myopic focus on Section 215, it has not only obscured the larger privacy concerns raised by these other authorities, but also the deeper lessons we should government surveillance programs, it is all-but-inevitable that those programs will be stretched to — and beyond — their legal limits. That’s why it’s have taken away from Snowden’s revelations. However much we might tolerate, or even embrace, the need for secret important not only to place substantive limits upon the government’s surveillance authorities, but also to ensure that they are subject to meaningful external oversight and accountability as well. And that’s why the denouement of Section 215 debate has been so disappointing. This should have been a conversation not just about the full range of government surveillance powers, including Executive Order 12333 and the 2008 FISA Amendments Act, but also about the role of the FISA Court and of congressional oversight in supervising those authorities. Instead, it devolved into an over-heated debate over an over-emphasized program. Congress has tended to a paper cut, while it ignored the internal bleeding. Not only does the expiration of Section 215 have no effect on the substance of other surveillance authorities, it also has no effect on their oversight and accountability Congress has no idea what to do in terms of surveillance, written in 2013 by Alan Grayson in an article titled: Congressional oversight of the NSA is a joke. I should know, I’m in Congress Grayson ’13, the United States Representative for Florida's 9th congressional district, 10/25/13, Alan Grayson, “Congressional oversight of the NSA is a joke. I should know, I'm in Congress”, http://www.theguardian.com/commentisfree/2013/oct/25/nsa-nocongress-oversight Pike's investigation initiated one of the first congressional oversight debates for the vast and hidden collective of espionage agencies, including the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA). Before the Pike Commission, Congress was kept in the dark about them – a tactic designed to thwart congressional deterrence of the sometimes illegal and often shocking activities carried out by the "intelligence community". Today, we are seeing a repeat of this professional voyeurism by our nation's spies, on an unprecedented and pervasive scale. Recently, the US House of Representatives voted on an amendment – offered by Representatives Justin Amash and John Conyers – that would have curbed the NSA's omnipresent and inescapable tactics. Despite furious lobbying by the intelligence industrial complex and its allies, and four hours of frantic and overwrought briefings by the NSA's General Keith Alexander, 205 of 422 Representatives voted for the amendment. Though the amendment barely failed, the vote signaled a clear message to the NSA: we do not trust you. The vote also conveyed another, more subtle message: members of Congress do not trust that the House Intelligence Committee is providing the necessary oversight. On the contrary, "oversight" has become "overlook". Despite being a member of Congress possessing security clearance, I've learned far more about government spying on me and my fellow citizens from reading media reports than I have from "intelligence" briefings. If the vote on the Amash-Conyers amendment is any indication, my colleagues feel the same way. In fact, one long-serving conservative Republican told me that he doesn't attend such briefings anymore, because, "they always lie". Many of us worry that Congressional Intelligence Committees are more loyal to the "intelligence community" that they are tasked with policing, than to the Constitution. And the House Intelligence Committee isn't doing anything to assuage our concerns. I've requested classified information, and further meetings with NSA officials. The House Intelligence Committee has refused to provide either. Supporters of the NSA's vast ubiquitous domestic spying operation assure the public that members of Congress can be briefed on these activities whenever they want. Senator Saxby Chambliss says all a member of Congress needs to do is ask for information, and he'll get it. Well I did ask, and the House Intelligence Committee said "no", repeatedly. And virtually every other member not on the Intelligence Committee gets the same treatment. Recently, a member of the House Intelligence Committee was asked at a town hall meeting, by his constituents, why my requests for more information about these programs were being denied. This member argued that I don't have the necessary level of clearance to obtain access for classified information. That doesn't make any sense; every member is given the same level of clearance. There is no legal justification for imparting secret knowledge about the NSA's domestic surveillance activities only to the 20 members of the House Intelligence Committee. Moreover, how can the remaining 415 of us do our job properly, when we're kept in the dark – or worse, misinformed? Offcase Security Links Supposed cyber-attacks are an integral part to America’s securitization Gomez 14 (Rodrigo NIETO GOMEZ, is a assistant professor at the department of National Security Affairs and the Center for Homeland Defense and Security, 2014, “Cyber-geopolitics. Geopolitical rivalries behind the cyber-threat narratives in the United States.” https://medium.com/homeland-security/cyber-geopolitics-a45fc698a3a1) Cyber attacks play an important role in the construction of vulnerability narratives by security and defense practitioners and scholars in the United States. The idea of hackers producing catastrophic damage is so fundamental to current threat assessments, that the Department of Defense created in 2009 a sub-unified Command to respond to these challenges. General Keith Alexander became its first commander, occupying a “dual-hatted position” as he simultaneously directed the National Security Agency (NSA) and the US Cyber Command (CYBERCOM). He described the challenges behind the creation of this new command in the following way:¶ “We will do this as we do it in the traditional military domains of land, sea, air and space. But cyberspace is unique. It is a man-made domain. It is also an increasingly contested domain. That makes everything even tougher. Our job in U.S. Cyber Command is to assure the right information gets to the right user at the right time at the right level of protection.”¶ This quote contains most of the units of cultural transmission (what Richard Dawkins called memes) of cybersecurity imperatives: It begins by framing the definition of cyberspace as a geospatial environment or a fifth military domain (the other four being land, sea, air and space are all geospatial in nature) where military forces can operate and maneuver. The speech-act then places the accent on the technological nature of this “man-made territory”, while reinforcing at the same time the idea of a besieged domain by nefarious actors. The citation concludes this securitization move by explaining how the mission of the CYBERCOM is to provide Information Assurance (IA) to cyberspace, so data flows are limited by rules (levels of protection), time and users. The creation of CYBERCOM is a step towards the “militarization of the Internet.”¶ The key assumptions are that information sharing must occur only within limited environments (in technology terms these environments are often described with the spatial metaphor of “walled gardens”) and that this predictability should define all flows. Hacking can then be defined in opposition to this frame: It is what happens when the system is tampered in a deliberate way so it behaves outside those intended rules. When that occurs, information sharing does not follow predesigned paths and the core mission of CYBERCOM is to prevent hackers from sharing data with the “wrong” users at the “wrong” time and more importantly, without following those pre-established rules. Neoliberalism Links The encouragement of innovation is only a cover-up for capitalist consumption Leary 07/11/15 (JOHN PATRICK LEARY is Assistant Professor of English at Wayne State University, JULY 11, 2015, “Innovators are killing us: Instead of reinventing housing or transit, they bring us companies like Airbnb and Uber” http://www.salon.com/2015/07/11/innovators_are_killing_us_instead_of_reinventing_housing _or_transit_they_bring_us_companies_like_airbnb_and_uber/) The innovator has always been part savior, part confidence man. “In a multitude of men there are many who, supposing themselves wiser than others, endeavour to innovate, and divers Innovators innovate divers wayes, which is a meer distraction, and civill ware,” Thomas Hobbes wrote in 1651. In 1837, a Catholic priest in Vermont devoted 320 pages to denouncing a Protestant cleric he referred to scornfully throughout as “the Innovator.” At the turn of the last century, a Denver processed cheese executive told a reporter: “If you don’t innovate every day and have a great understanding of your customers, then you don’t grow.” Meanwhile, a 21st-century scholar delivering a post-mortem on a shuttered college said that universities’ main task now is not to teach or to research — these are so last century — but to create “space to innovate.” (Innovate what, and for whom? Don’t ask.)¶ What links the priest, the philosopher of power, and these 21st-century shillers of discount cheese and higher education? On the surface, not much. But the strange phrase “innovate every day,” without an object, like an epiphany, retains the magic of the visionary. What was once a pejorative for heresy and malicious self-interest — Hobbes used “innovator” as a synonym for “plotter” and “charlatan” — is now our finest modern virtue, a term that unites the solitary, prickly creativity we’ve learned to associate with artists with a basically benevolent understanding of the profit motive. “Innovate” has long been used in business contexts to refer to a discrete embellishment of a product, but conventionally it required an object; you innovated on something else. “Innovation” is most popular today as a stand-alone concept, a kind of managerial spirit that permeates nearly every institutional setting, from nonprofits and newspapers to schools and summer camps. This meaning began to appear commonly in the 1970s and exploded in the 1990s. (The adjective “innovative,” on the other hand, barely existed 30 years ago.) Now we “innovate,” or we “foster innovation,” an open-ended usage with a utopian ring: As a starry-eyed astronomer told the New Yorker in 1970, “The long-term challenge for innovation lies off this planet. We’ll be off the solar system in less than a thousand years. I think curiosity will become overwhelming. Would you like to see our computer?”¶ (Its early conquest of mainstream culture can perhaps be measured by innovation’s appearance in Reader’s Digest, which in 1976 advised that a healthy marriage needs “regular infusions” of innovation. Again, don’t ask.)¶ What the popularity of innovation mostly reflects today is both fear of perpetual crisis and faith in the private sector as its only solution. The cults of personality sustained around corporate leaders, especially in the tech world, show how “innovation” has never lost its association with prophecy — and indeed, with hucksterism. Only the scriptures have changed. The Apple CEO Steve Jobs, writes his biographer, “stands as the ultimate icon of inventiveness, imagination, and sustained innovation” — three different words, it would seem, for the same thing, an alliterative redundancy that disguises the hollowness of the core concept. And most would-be prophets gain an audience from the ranks of the hopeless and desperate. So it is with us: A veritable army of “brand strategists” and consultants stand at the ready to counsel anxious employees and nervous graduates how to “be more innovative.” If “disruption” offers an apocalyptic view of historical change, as Jill Lepore has argued, innovation is its sunnier, though no less anxious, counterpart. With its inward-looking moralism, innovation also appeals to an evangelical strain in American culture, in which the country is both chosen by Providence and perpetually backsliding. In 1980, an author in Newsweek lamented what he saw as the widespread fear among his compatriots “that it’s all over for us, that the age of innovation has ended.” Or as one of the mightiest idols in the Innovator pantheon, Peter Thiel, said more recently: “innovation in America is somewhere between dire straits and dead.”¶ Innovation, therefore, is a strangely contradictory concept, simultaneously grandiose and modest, saccharine and pessimistic. The prophetic meaning embedded deep in its etymology allows “innovation” to stand in for nearly any kind of positive transformation, doing for the 21st century what “progress” once did for the 19th and 20th. On the other hand, its fetish for technology signals a retreat from the transformative visions of 19th- to mid-20th century “progress,” in all their various forms and with all their terrible faults. As scholar Paul Erickson has pointed out, innovation transforms processes and leaves structures intact. Thus, instead of reinventing housing or transit, “innovators” mostly develop new processes to monetize the dysfunctional housing and transit we already have, via companies like Airbnb and Uber. It’s one thing, therefore, to celebrate novelty indiscriminately — as if meth labs and credit-default swaps are not innovative — but what if the new isn’t even very new at all? When Alec Ross, Hillary Clinton’s former “Senior Advisor for Innovation,” says that “If Paul Revere were alive today, he wouldn’t have taken a midnight ride from Boston to Lexington, he would have just used #Twitter,” all this tells me is that Twitter is basically no different than a fast horse.¶ The discourse of innovation celebrates creativity, but just as another form of capital; it aims for the mystery of spiritual life, but summons only its reverence for authority; and it lionizes collaboration, but only for profit. In other words: Beware false prophets. Effects-T A. Interpretation - The affirmative has to reduce surveillance itself, not just limit the methods of surveillance that could be used in the future. 1. Surveillance is the process of gathering information not techniques of it Webster's New World Law 10 Webster's New World Law Dictionary Copyright © 2010 by Wiley Publishing, Inc., Hoboken, New Jersey. Used by arrangement with John Wiley & Sons, Inc. http://www.yourdictionary.com/surveillance surveillance - Legal Definition n A legal investigative process entailing a close observing or listening to a person in effort to gather evidentiary information about the commission of a crime, or lesser improper behavior (as with surveillance of wayward spouse in domestic relations proceedings). Wiretapping, eavesdropping, shadowing, tailing, and electronic observation are all examples of this lawenforcement technique. B. Violation – Limiting federal agencies ability to mandate vulnerabilities is curtailing a technique of surveillance but not the process. C. Prefer our interpretation - 1. Permitting limits on methods of surveillance, but not surveillance itself, allows the affirmative to avoid the issues of less surveillance and forces the negative to debate a huge number of different techniques Constitution Committee 9 Constitution Committee, House of Lords, Parliament, UK 2009, Session 2008-09 Publications on the internet, Constitution Committee - Second Report, Surveillance: Citizens and the State Chapter 2 http://www.publications.parliament.uk/pa/ld200809/ldselect/ldconst/18/1804.htm 18. The term "surveillance" is used in different ways. A literal definition of surveillance as "watching over" indicates monitoring the behaviour of persons, objects, or systems. However surveillance is not only a visual process which involves looking at people and things. Surveillance can be undertaken in a wide range of ways involving a variety of technologies. The instruments of surveillance include closed-circuit television (CCTV), the interception of telecommunications ("wiretapping"), covert activities by human agents, heat-seeking and other sensing devices, body scans, technology for tracking movement, and many others. D. Topicality is a voter because the opportunity to prepare promotes better debating Split-Key CP Counter-plan: The United States federal government should protect backdoors by using split crypto keys. Split crypto key solves Crawford 15 (Douglas Crawford, freelance writer quoting NSA Chief Mike Rodgers, 2015, “NSA suggests ‘split crypto keys’ to protect data” https://www.bestvpn.com/blog/16988/nsasuggests-split-crypto-keys-to-protect-data/) The stand-off between the US government and its various surveillance and law enforcement agencies on the one hand, and just about everybody else on the other, over encryption continues to deepen. The government has become increasingly alarmed at tech companies’ (and in particular Apple’s) push to provide their customers with strongly encrypted products that are genuinely secure – even against the best efforts of law enforcement and national security agencies.¶ Such agencies use the time-worn boogeymen of terrorists and pedophiles to argue that they must have access everyone’s personal data (I argue in this article that such demands have nothing to with catching criminals, and everything to do with exerting state control), while privacy advocates, businesses, and anyone who does not feel the government has an automatic right to paw through their metaphorical undies drawer disagrees, while also pointing out that encryption with a backdoor is really no encryption at all.¶ Perhaps even more to the point, US tech companies are still reeling from the damage done (to the tune of billions of dollars) by Edward Snowden’s revelations about their cooperation with the NSA in spying on their customers, and desperately need to regain their trust.¶ According to The Washington Post, NSA chief Mike Rodgers recently gave a rare hint at what he considers might be a technical solution to the ‘problem’, suggesting that companies be forced to create a digital crypto key that can be used to decrypt their customers data, but that this keys be split into different parts that single entity (except presumably the owner of the data) would have full access to without court orders, subpoenas, warrants etc. This would require the government and tech companies to work together to access the data.¶ ‘I don’t want a back door. I want a front door. And I want the front door to have multiple locks. Big locks.’ Extensions Crypto keys needed to solve crimes Nakashima 04/10 (Ellen Nakashima, April 10, “As encryption spreads, U.S. grapples with clash between privacy, security” https://www.washingtonpost.com/world/national-security/asencryption-spreads-us-worries-about-access-to-data-for-investigations/2015/04/10/7c1c7518d401-11e4-a62f-ee745911a4ff_story.html) Recently, the head of the National Security Agency provided a rare hint of what some U.S. officials think might be a technical solution. Why not, suggested Adm. Michael S. Rogers, require technology companies to create a digital key that could open any smartphone or other locked device to obtain text messages or photos, but divide the key into pieces so that no one person or agency alone could decide to use it?¶ “I don’t want a back door,” Rogers, the director of the nation’s top electronic spy agency, said during a speech at Princeton University, using a tech industry term for covert measures to bypass device security. “I want a front door. And I want the front door to have multiple locks. Big locks.” ¶ Law enforcement and intelligence officials have been warning that the growing use of encryption could seriously hinder criminal and national security investigations. But the White House, which is preparing a report for President Obama on the issue, is still weighing a range of options, including whether authorities have other ways to get the data they need rather than compelling companies through regulatory or legislative action. Terrorism DA 1NC Terror threat high now—encryption and radicalization Investor's Business Daily, 6-23-2015, "Despite Obama's Claim, Our Terror Threat Level Is High," http://news.investors.com/ibd-editorials/062315-758709-diminishing-us-power-has-elevated-our-terror-threat-level.htm Homeland Security: The president repeatedly claims we're safer than ever. The chairman of the House Intelligence Committee just warned of the opposite. Apparently we have difficulty tracking U.S.-based terrorist cells. The attitude of the Obama administration toward terrorism is summed up by the National Terrorism Advisory System page on the Homeland Security website. "There are no current alerts," it reports. And "there are no expired alerts." Nearby is the question, "Was this page helpful?" The answer is no. The five post-9/11 color-coded terrorism alert levels, abandoned in 2011, were lampooned by comedians for being vague and based on hidden criteria. With the threat level never dropping below "elevated" (yellow), down to "guarded" (blue) or "low" (green), the public was ignoring it, it was said. But now, in its place, is a National Terrorism Advisory System that never issues alerts. In fact, over nearly six and a half years, President Obama has not once, under either the old or new system, issued an alert. Last August he promised "things are much less dangerous now than they were 20 years ago, 25 years ago, or 30 years ago." That contradicted his own Joint Chiefs chairman, secretary of defense, and even his then-Attorney General Eric Holder, who called potential undetectable explosives smuggled in from Syria the most frightening thing he had seen while in office. Enter House Intelligence Committee Chairman Devin Nunes, R-Calif., who told CBS' "Face the Nation" on Sunday that "we face the highest threat level we have ever faced in this country today . .. including after 9/11." Because of obstacles such as encrypted Internet chat rooms, "we are having a tough time tracking terrorist cells," according to Nunes. And "the flow of fighters" from Western nations who have been radicalized into the Islamic State, but "who have now come out" and may seek to commit terrorist attacks back home, is another reason the threat is greater than ever. Nunes noted that the FBI has "cases open in 50 states." Then there is civil war in Yemen, with the AQAP branch of al-Qaida "everywhere," according to Nunes. Last September, outlining his noncombat approach against the Islamic State, Obama cited his Yemen policy as the model. Eleven days later, Iranian-backed Houthi rebels toppled the U.S.-backed government. Obama is poised to make a nuclear deal with those same Iranians, lifting sanctions and handing Tehran tens of billions in cash to terrorize even more and gain regional dominance — all before getting nuclear weapons, which will launch an atomic arms race in the Mideast. Russia's new aggressiveness counters Obama's claims that the Cold War is ancient history. Iran, the Islamic State and other terrorists are actually, while lacking Moscow's massive nuclear arsenal, a greater threat because of the theocratic-based, self-destructive irrationality and instability underlying their motivations. The Soviets, after all, never murdered thousands of Americans on their own soil. Far less powerful Islamist fanatics did. Under the old color-coded system, today's level of alert would be "severe" (red). Rejection of all mandated vulnerabilities makes it nearly impossible for the FBI to track down terrorists. Ybarra 05/26/15 (Maggie Ybarra is a military affairs and Pentagon correspondent for The Washington Times, May 26, 2015, “FBI pushes to weaken cell phone security, skirt encryption” http://www.washingtontimes.com/news/2015/may/26/fbi-push-to-weaken-cell-phonesecurity-skirt-encry/?page=all) Now, just as new terror threats against the homeland are resurfacing, advocates of encryption technology are asking President Obama to reject any proposal from the FBI or other administration officials that deliberately aims to weaken the security of cellphones and other technology products.¶ “Whether you call them ‘front doors’ or ‘back doors,’ introducing intentional vulnerabilities into secure products for the government’s use will make those products less secure against other attackers,” more than 60 privacy advocates and computer experts said in a May 19 letter addressed to President Obama. “Every computer security expert that has spoken publicly on this issue agrees on this point, including the government’s own experts.”¶ The letter went on to read: “We urge you to reject any proposal [in which] U.S. companies deliberately weaken the security of their products. We request that the White House instead focus on developing policies that will promote rather than undermine the wide adoption of strong encryption technology. Such policies will in turn help to promote and protect cybersecurity, economic growth, and human rights, both here and abroad.”¶ The renewed push to block the FBI from skirting around encryption technology walls surfaced less than a week before the U.S. and Canada had to scramble jets to intercept commercial aircraft after someone claimed that chemical weapons were on board. The new threat surfaced Memorial Day, when thousands of Americans were returning from holiday vacations.¶ Federal authorities were eventually able to determine the threat was not credible, said a law enforcement official familiar with the FBI’s ongoing investigation.¶ Still, if the threat is credible, encryption technologies hinder authorities who need to track down a terrorist cell or a lone-wolf agitator determined to commit a horrific attack, said Ron Hosko, president of Law Enforcement Legal Defense Fund and the FBI’s former assistant director.¶ The FBI typically operates in “response mode” to the multiple threats that criminal actors and extremist organizations launch against the homeland, he said.¶ Those agents need to be able to quickly track potential terrorists and bypass technology roadblocks, like cellphone encryption software, in order to locate the conspirators involved in trying to kill — or merely rattle — thousands of Americans.¶ However, if the FBI is allowed to enter an individual’s cellphone through less encryption, a foreign entity or hacker looking to crack into the device will also have an easier time, civil liberties advocates warn.¶ “There are a lot of governments and criminal enterprises out there, and they are trying to steal American information, and there is no way to design a system that allows the FBI in and keeps the Chinese government out,” said Christopher Soghoian, principal technologist for the American Civil Liberties Union.¶ For federal agents and other law enforcement officers, however, that logic poses a serious problem because it would hinder their ability to gather information about the nefarious activities that America’s adversaries are planning, Mr. Hosko said.¶ “If they cannot collect the dots, then how can they connect the dots?” he said.¶ In a press conference on cyberissues last week, Mr. Comey said when he read the letter to Mr. Obama, he concluded that the writers either were incapable of seeing both sides of the issue or simply not fair-minded individuals.¶ “A group of techno companies and some prominent folks wrote a letter to the president yesterday that I frankly found depressing, because their letter contains no acknowledgment that there are societal costs for universal encryption,” he said. “Look, I recognize the challenges facing our techno companies: competitive challenges, regulatory challenge overseas, all kinds of challenges. I recognize the method of encryption [has value on those matters]. But I think fair-minded people also have to recognize the cost associated with that.” Bioweapons are easily accessible by terrorists and lead to mass deaths Wilson 13 (Grant, 1/17/13, University of Virginia School of Law, “MINIMIZING GLOBAL CATASTROPHIC AND EXISTENTIAL RISKS FROM EMERGING TECHNOLOGIES THROUGH INTERNATIONAL LAW,” professor @ University of Virginia School of Law, http://lib.law.virginia.edu/lawjournals/sites/lawjournals/files/3.%20Wilson%20%20Emerging%20Technologies.pdf, 7/15/15, SM) ii. Risk of bioterrorism∂ The threat of the malicious release of bioengineered organisms (i.e.,∂ bioterrorism) poses a GCR/ER.75 Bioengineering enables a malicious∂ actor to create an organism that is more deadly to humans, animals, or∂ plants than anything that exists in the natural world.76 Experts contend∂ that the barriers for a terrorist to order a DNA sequence for a highly∂ pathogenic virus online or acquire a DNA synthesis machine online are∂ “surmountable.” 77 Alternatively, bioterrorists could break into∂ laboratories housing dangerous bioengineered organisms—like the∂ H5N1 virus, for example—and release them. Meanwhile, third world∂ countries with laxer standards and lower laboratory accountability are∂ rapidly discovering and using bioengineering, which may give∂ bioterrorists an easier pathway to obtain deadly bioengineered∂ organisms.78∂ There have already been several occasions in which groups attempted∂ to use or successfully used biological weapons. One unsophisticated∂ example of bioterrorism occurred when an individual contaminated∂ salads and dressing with salmonella in what apparently was an attempt∂ to decide a local election.79 Another example occurred in 2001, when∂ bioterrorists sent envelopes containing anthrax spores through the mail, infecting twenty-two people and killing five of them.∂ 80 While these∂ particular acts of bioterrorism did not cause widespread death,∂ deploying extremely deadly bioengineered organisms over a large area∂ is a real possibility: tests by the United States in 1964 demonstrated that∂ a single aircraft can contaminate five thousand square kilometers of land∂ with a deadly bacterial aerosol.81∂ The recent engineering of an airborne H5N1 virus demonstrates∂ society’s concern over risks of bioterrorism arising from∂ bioengineering. Before scientists could publish their results of their∂ bioengineered airborne H5N1 virus in the widely read journals Nature∂ and Science, the NSABB determined that the danger of releasing the∂ sensitive information outweighed the benefits to society, advising that∂ the findings not be published in their entirety.82 The main risk is that∂ either a state or non-state actor could synthesize a “weaponized” version∂ of the H5N1 virus to create a disastrous pandemic.83 There is precedent∂ of outside groups recreating advanced bioengineering experiments, such∂ as when many scientists immediately synthesized hepatitis C replicons∂ upon publication of its genetic code. 84 However, the NSABB’s∂ recommendation was nonbinding, and there is nothing to stop other∂ scientists from releasing similar data in the future. Furthermore, while∂ the NSABB merely asserts that the “blueprints” of the virus should not∂ be printed, other biosecurity experts argue that the virus should never∂ have been created in the first place because of risks that the viruses∂ would escape or be stolen.85 Link Extensions Backdoors key to stopping recruitment on social media sites Ignatious 07/23/15 (David Ignatius, is an American journalist and novelist. He is an associate editor and columnist for the Washington Post July 23, 2015 “The rise of lone wolf terrorists: David Ignatius” http://www.oregonlive.com/opinion/index.ssf/2015/07/the_rise_of_lone_wolf_terroris.htm) FBI Director James Comey was frank this week in Salt Lake City about the "troubled souls" the online jihadists are trying to mobilize. "Their message is travel to the Caliphate, their so-called Islamic wonder world. Join us here in Iraq or Syria, and if you can't travel, kill somebody where you are. Kill somebody in uniform, preferably in the military or law enforcement, but just kill somebody."¶ Comey isn't exaggerating. On May 24, an Islamic State fighter calling himself Abu Awlaki tweeted: "I don't understand my ikwa [brothers] in the west. How can u walk past a police officer without stabbing him?" Last week, a fighter named Sayfullah al-Yemani posted a call to African-Americans: "I know there are black brothers who are fighting eliminationism and racism and need help. I urge you to embrace Islam and give Ba'yah [oath of fealty]." ¶ In these jihadist postings, the brutal call to war is mixed with fantasies that might be drawn from a video game. That's one reason some U.S. counterterrorism experts such as Michael Leiter, former head of the National Counterterrorism Center, don't often use the phrase "lone wolves." They prefer "lone offenders," which doesn't play into the jihadists' self-dramatization.¶ What troubles U.S. officials is the problem Comey has described as "going dark." He says the FBI can't break the strong encryption that communications and IT companies are offering users. He told Congress this month that he doesn't want greater surveillance authority, but rather technical help from IT companies to access encrypted information "to ensure that we can continue to obtain electronic information ... to keep us safe." This presumably means "back doors" for decryption, which many companies resist. Encryption allows terrorists to roam free on social media Wilber 07/10/15 (Del Quentin Wilber, is an American journalist who writes for Bloomberg News, July 10, 2015 “US agents foiled July 4 terror plots: FBI director” http://www.smh.com.au/world/us-agents-foiled-july-4-terror-plots-fbi-director-20150710gi97eq.html#ixzz3glZckySehttp://www.smh.com.au/world/us-agents-foiled-july-4-terror-plotsfbi-director-20150710-gi97eq.html) Washington: The US disrupted an undisclosed number of terrorist plots tied to the Independence Day holiday, highlighting the risk of an attack on American soil inspired by Islamic State extremists, FBI Director James Comey said.¶ Mr Comey said on Thursday that the Federal Bureau of Investigation had arrested at least 10 people in the past four weeks on suspicion they were linked to Islamic State. Some of those detained had plans involving the holiday weekend, he said, without providing further details. ¶ "I do believe that our work disrupted efforts to kill people, likely in connection with July 4th," Mr Comey said. ¶ Mr Comey's remarks came a day after he warned US legislators about the growing threat posed by terrorists and other criminals who communicate over encrypted applications that can't be deciphered. Dozens of Americans were communicating with Islamic State over such secretive networks, Mr Comey told reporters on Thursday at FBI headquarters, saying that potential terrorists are "going dark" by using such tools.¶ FBI officials have said that American sympathisers often follow Islamic State militants on Twitter and send them direct messages through the social media platform. Militants then direct the Americans to use secure communication tools that can't be accessed by federal agents. Islamic State has more than 21,000 English-speaking followers on Twitter, federal authorities say. ¶ Law enforcement officials have expressed growing alarm that Islamic State is successfully using social media to inspire homegrown extremists in the US and Europe to act on their own, a departure from how other terrorist groups, such as alQaeda, have long operated. Encryption hurts law enforcements ability to catch terrorists on social media sites. (29 March 2015 , Europol chief warns on computer encryption, http://www.bbc.com/news/technology-32087919) Hidden areas of the internet and encrypted communications make it harder to monitor terror suspects, warns Europol's Rob Wainwright.¶ Tech firms should consider the impact sophisticated encryption software has on law enforcement, he said.¶ Mr Wainwright was talking to 5 Live Investigates.¶ A spokesman for TechUK, the UK's technology trade association, said: "With the right resources and cooperation between the security agencies and technology companies, alongside a clear legal framework for that cooperation, we can ensure both national security and economic security are upheld."¶ Mr Wainwright said that in most current investigations the use of encrypted communications was found to be central to the way terrorists operated.¶ "It's become perhaps the biggest problem for the police and the security service authorities in dealing with the threats from terrorism," he explained.¶ "It's changed the very nature of counter-terrorist work from one that has been traditionally reliant on having good monitoring capability of communications to one that essentially doesn't provide that any more."¶ Mr Wainwright, whose organisation supports police forces in Europe, said terrorists were exploiting the "dark net", where users can go online anonymously, away from the gaze of police and security services. But he is also concerned at moves by companies such as Apple to allow customers to encrypt data on their smartphones.¶ And the development of heavily encrypted instant messaging apps is another cause for concern, he said. This meant people could send text and voice messages which police found very difficult or impossible to access, he said.¶ "We are disappointed by the position taken by these tech firms and it only adds to our problems in getting to the communications of the most dangerous people that are abusing the internet.¶ "[Tech firms] are doing it, I suppose, because of a commercial imperative driven by what they perceive to be consumer demand for greater privacy of their communications." Mr Wainwright acknowledged this was a result of the revelations by former National Security Agency contractor Edward Snowden, who exposed how security services were conducting widespread surveillance of emails and messages.¶ He said security agencies now had to work to rebuild trust between technology firms and the authorities.¶ The TechUK spokesman told the programme: "From huge volumes of financial transactions to personal details held on devices, the security of digital communications fundamentally underpins the UK economy.¶ "Encryption is an essential component of the modern world and ensures the UK retains its position as one of the world's leading economies.¶ "Tech companies take their security responsibilities incredibly seriously, and in the ongoing course of counter-terrorism and other investigations engage with law enforcement and security agencies."¶ The programme also found evidence that supporters of the Islamic State (IS) are using encrypted sites to radicalise or groom new recruits. On one blogging website, a 17-year-old girl who wants to become a "jihadi bride" is told that if she needs to speak securely she should use an encrypted messaging app.¶ The family of 15-year-old Yusra Hussein from Bristol, who went to Syria last year, also believe she was groomed in this way.¶ Twitter terrorism¶ The extent of the challenge faced by security services is shown in the scale of social media use by IS.¶ Mr Wainwright revealed that IS is believed to have up to 50,000 different Twitter accounts tweeting up to 100,000 messages a day.¶ Europol is now setting up a European Internet Referral Unit to identify and remove sites being used by terrorist organisations. ¶ Mr Wainwright also says current laws are "deficient" and should be reviewed to ensure security agencies are able to monitor all areas of the online world.¶ "There is a significant capability gap that has to change if we're serious about ensuring the internet isn't abused and effectively enhancing the terrorist threat.¶ "We have to make sure we reach the right balance by ensuring the fundamental principles of privacy are upheld so there's a lot of work for legislators and tech firms to do." Encryption prevents federal agencies from tracking terrorists on the dark web Thursday July 23, 2015, “Rep. McCaul: Encrypted Dark Web Aids ISIS' 'Call to Arms' in US“ http://www.newsmax.com/Newsfront/mike-mccaul-isis-dark-webencryption/2015/05/13/id/644323/ The Islamic State (ISIS) is sending out a "call to arms" online to direct people in the United States to commit acts of terror, Rep. Michael McCaul said Wednesday morning, and many terrorists are using the Internet's "Dark Web" to hide their movements.¶ "This is a different phenomenon from [Osama] bin Laden, who operated with couriers," the Texas Republican told CNN's "New Day" program. "We're dealing with an enemy now, ISIS, that has a very sophisticated social media program."¶ McCaul, the chairman of the House Committee on Homeland Security, said he's been studying foreign fighters from Syria and Iraq who go through Turkey to come into Europe and the United States. But the Internet allows ISIS to activate followers "through a tweet, which is what we saw in the Texas case of two ISIS followers who were activated to conduct a terrorist attack there."¶ But ISIS isn't just using Twitter, which anyone can read, said McCaul, but also the Dark Web, which wired.com describes as a collection of thousands of websites using anonymity tools to hide the IP addresses of the servers that run them to "protect users from surveillance and censorship."¶ "That place is where they hide, because of encryption," said McCaul. "We're trying to find needles in the haystack and the needles are going dark, and it's because of this phenomenon we can't track their movements."¶ The messages in Garland, Texas, were able to be tracked and relayed to the police department, said McCaul.¶ "But when their encrypt goes dark, we can't track them here in the United States," McCaul said. "This is sort of a new phenomenon where they're using the Internet as a weapon." Turns Case Multiple shocks on econ after terror attacks—foreign direct investment, infrastructure, trade Sandler and Ender 10 (Todd Sandler, Professor of International Relations and Economics at the University of Southern California, Walter Enders, Bidgood Chair of Economics and Finance at the University of Alabama, July 2010, http://www.utdallas.edu/~tms063000/website/Econ_Consequences_ms.pdf) Terrorism can impose costs on a targeted country through a number of avenues. Terrorist incidents have economic consequences by diverting foreign direct investment (FDI), destroying infrastructure, redirecting public investment funds to security, or limiting trade. If a developing country loses enough FDI, which is an important source of savings, then it may also experience reduced economic growth. Just as capital may take flight from a country plagued by a civil war (see Collier et al., 2003), a sufficiently intense terrorist campaign may greatly reduce capital inflows (Enders and Sandler, 1996). Terrorism, like civil conflicts, may cause spillover costs 2 among neighboring countries as a terrorist campaign in a neighbor dissuades capital inflows, or a regional multiplier causes lost economic activity in the terrorism-ridden country to resonate throughout the region.1 In some instances, terrorism may impact specific industries as 9/11 did on airlines and tourism (Drakos, 2004; Ito and Lee, 2004). Another cost is the expensive security measures that must be instituted following large attacks – e.g., the massive homeland security outlays since 9/11 (Enders and Sandler, 2006, Chapter 10). Terrorism also raises the costs of doing business in terms of higher insurance premiums, expensive security precautions, and larger salaries to at-risk employees. Domestic terrorism deters foreign direct investment – even small attacks crush investor confidence Bandyopadhyay et al 15 -- Subhayu Bandyopadhyay is Research Officer at the Federal Reserve Bank of St. Louis and Research Fellow at IZA, Bonn, Germany. Todd Sandler is Vibhooti Shukla Professor of Economics and Political Economy at the University of Texas at Dallas. Javed Younasis Associate Professor of Economics at the American University of Sharjah, United Arab Emirates. “The Toll of Terrorism” http://www.imf.org/external/pubs/ft/fandd/2015/06/bandyopa.htm Scaring off investors Increased terrorism in a particular area tends to depress the expected return on capital invested there, which shifts investment elsewhere. This reduces the stock of productive capital and the flow of productivity-enhancing technology to the affected nation. For example, from the mid-1970s through 1991, terrorist incidents reduced net foreign direct investment in Spain by 13.5 percent and in Greece by 11.9 percent (Enders and Sandler, 1996). In fact, the initial loss of productive resources as a result of terrorism may increase manyfold because potential foreign investors shift their investments to other, presumably safer, destinations. Abadie and Gardeazabal (2008) showed that a relatively small increase in the perceived risk of terrorism can cause an outsized reduction in a country’s net stock of foreign direct investment and inflict significant damage on its economy. We analyzed 78 developing economies over the period 1984–2008 (Bandyopadhyay, Sandler, and Younas, 2014) and found that on average a relatively small increase in a country’s domestic terrorist incidents per 100,000 persons sharply reduced net foreign direct investment. There was a similarly large reduction in net investment if the terrorist incidents originated abroad or involved foreigners or foreign assets in the attacked country. We also found that greater official aid flows can substantially offset the damage to foreign direct investment—perhaps in part because the increased aid allows recipient nations to invest in more effective counterterrorism efforts. Most countries that experienced above-average domestic or transnational terrorist incidents during 1970–2011 received less foreign direct investment or foreign aid than the average among the 122 in the sample (see table). It is difficult to assess causation, but the table suggests a troubling association between terrorism and depressed aid and foreign direct investment, both of which are crucial for developing economies. It is generally believed that there are higher risks in trading with a nation afflicted by terrorism, which cause an increase in transaction costs and tend to reduce trade. For example, after the September 11 attacks on New York City and the Washington, D.C., area, the U.S. border was temporarily closed, holding up truck traffic between the United States and Canada for an extended time. Nitsch and Schumacher (2004) analyzed a sample of 200 countries over the period 1960–93 and found that when terrorism incidents in a pair of trading countries when one of two trading partners suffers at least one terrorist attack, it reduces trade between them to 91 percent of what it would be in the absence of terrorism. Blomberg and Hess (2006) estimated that terrorism and other internal and double in one year, trade between them falls by about 4 percent that same year. They also found that external conflicts retard trade as much as a 30 percent tariff. More specifically, they found that any trading partner that experienced terrorism experienced close to a 4 percent reduction in bilateral trade. But Egger and Gassebner (2015) found more modest trade effects. Terrorism had few to no short-term effects; it was significant over the medium term, which they defined as “more than one and a half years after an attack/incident.” Abstracting from the impact of transaction costs from terrorism, Bandyopadhyay and Sandler (2014b) found that terrorism may not necessarily reduce trade, because resources can be reallocated. If terrorism disproportionately harmed one productive resource (say land) relative to another (say labor), then resources would flow to the labor-intensive sector. If a country exported labor-intensive goods, such as textiles, terrorism could actually lead to increased production and exportation. In other words, although terrorism may reduce trade in a particular product because it increases transaction costs, its ultimate impact may be either to raise or reduce overall trade. These apparently contradictory empirical and theoretical findings present rich prospects for future study. Of course terrorism has repercussions beyond human and material destruction and the economic effects discussed in this article. Terrorism also influences immigration and immigration policy. The traditional gains and losses from the international movement of labor may be magnified by national security considerations rooted in a terrorism response. For example, a recent study by Bandyopadhyay and Sandler (2014a) focused on a terrorist organization based in a developing country. It showed that the immigration policy of the developed country targeted by the terrorist group can be critical to containing transnational terrorism. Transnational terrorism targeted at well-protected developed countries tends to be more skill intensive: it takes a relatively sophisticated terrorist to plan and successfully execute such an attack. Immigration policies that attract highly skilled people to developed countries can drain the pool of highly skilled terrorist recruits and may cut down on transnational terrorism. Bubble DA/Turn 1NC Tech bubble now- burn rates to start ups and high risk John Cook 14, John Cook is GeekWire's co-founder and editor, a veteran reporter and the longest-serving journalist on the Pacific Northwest tech startup beat., 9-15-14 "Venture capitalist Bill Gurley: Tech sector is overheating, and the boom could end," GeekWire, http://www.geekwire.com/2014/venture-capitalist-bill-gurley-says-things-overheating-techsector-current-boom-cycle-will-end/ All good things must come to an end. And Benchmark’s Bill Gurley — one of the most successful venture capitalists on the planet — thinks the current tech boom is starting to show signs of the dot-com boom (and bust). are rising at startups, and companies are feeling as if they need to raise huge piles of capital in order to compete. “Every What worries the backer of Zillow, Uber, NextDoor and Opentable? Burn rates incremental day that goes past I have this feeling a little bit more,” Gurley tells the Wall Street Journal in a wide-ranging interview. “I think that Silicon Valley as a whole or that the venture-capital community or startup community is taking on an excessive amount of risk right now. Unprecedented since ‘’99. In some ways less silly than ’99 and in other ways more silly than in ’99.” Gurley goes on to surmise that burn rates — the amount of money that a company is spending — at venture-backed companies are now at an all-time high. He also suggests that more people “are working for money-losing companies than have been in 15 years,” and that many of the entrepreneurs today don’t have the “muscle memory” of what happened in the late 90s. “So risk just keeps going higher, higher and higher. The problem is that because you get there slowly the correcting is really hard and catastrophic. Right now, the cost of capital is super low here. If the environment were to change dramatically, the types of gymnastics that it would require companies to readjust their spend is massive. So I worry about it constantly.” Interestingly, when I interviewed Gurley at last year’s GeekWire Summit, which took place last September, Gurley didn’t sound quite as cautious in his remarks. At one point, I asked him about Benchmark’s investment in Webvan — perhaps the greatest example of 1990s dot-com hubris — and he noted that the firm likely would invest in the concept again. “ They got too ambitious. They tried to do too much, too fast and then the bubble happened,” he said. “If you have a high-capital business and you are being overly aggressive and you surf over a financial reset, you are dead.” Just like Webvan’s crash, Gurley predicts that we’ll see some high-profile failures in the next year or two, something he says will be healthy for the tech ecosystem as a whole. Getting rid of backdoors will increase the creation of new startups by more innovation according to the 1ac evidence Kohn 14 (Cindy, writer for the Electronic Freedom Foundation, 9-26-14, “Nine Epic Failures of Regulating Cryptography,” https://www.eff.org/deeplinks/2014/09/nine-epic-failures-regulating-cryptography, BC) It will harm innovation. In order to ensure that no "untappable" technology exists, we'll likely see a technology mandate and a draconian regulatory framework. The implications of this for America's leadership in innovation are dire. Could Mark Zuckerberg have built Facebook in his dorm room if he'd had to build in surveillance capabilities before launch in order to avoid government fines? Would Skype have ever happened if it had been forced to include an artificial bottleneck to allow government easy access to all of your peer-to-peer communications? This has especially serious implications for the open source community and small innovator New startups are what’s increasing the bubble Edwards 11/05/14 (Jim Edwards, is the founding editor of Business Insider UK Nov. 5, 2014, “Here's The Evidence That The Tech Bubble Is About To Burst”http://www.businessinsider.com/evidence-that-tech-bubble-is-at-a-peak2014-10#ixzz3h4MsNwX0) It is now common for companies with no revenue, or negligible revenue, to be valued in the billions of dollars. Snapchat. WhatsApp. Instagram. Tumblr. Pinterest. All have been sold or valued at over $1 billion.¶ ¶ None have declared revenues that in any way justify those prices.¶ ¶ They might in the future. But they haven't yet. So if you're looking for evidence that tech is at the top of a peak, you're in the right place. This is a boom, and we're at the highest point of it since 2000.¶ ¶ But if you believe this boom is also a bubble — assets with values literally inflated out of thin air, as they were with web sites in 2000 and real estate in 2007 — then the jury is still out. Parts of the tech sector do look bubblicious. But we're not seeing an exact repeat of 2000 ...¶ ¶ ... Yet. Behind Snapchat and Tumblr is a new crop of tech startups with no revenue whatsoever:¶ ¶ Secret, an anonymous gossip app that keeps the identities of its users hidden, has raised $36 million in investment funding at a valuation of $100 million.¶ Ello, the social network that has promised it will not show ads, just got $5.5 million in venture funding even though its founders have promised in writing to never sell ads or user data. ¶ The impact of a tech bubble burst will have large repercussions on the global economy. Rifai 07/23/15 (Idriss Al Rifai, Jul 23, 2015, “What The Tech Bubble Means Outside Silicon Valley” http://techcrunch.com/2015/07/23/what-the-tech-bubble-meansoutside-silicon-valley/) Should it burst, the tech bubble will have ramifications that ripple around the tech world like the shockwave from an apocalyptic asteroid. Most tech hubs are not self-sufficient at all; the fact that they are always referred to as the “Silicon Valley of [insert country]” should be a tipoff that they are merely branches off the trunk that is Silicon Valley. Even prolific hubs like Israel, China and India depend on Silicon Valley to pump capital through their arteries.¶ For us outsiders in the “rest of the world,” the importance of Silicon Valley is not just its wealth of investors, high-tech companies and talent. The value is not just the billions of dollars that flow so freely that the writers of HBO’s Silicon Valley, no matter how many people they asked, couldn’t find a reason why a company like Pied Piper wouldn’t get $10 to $15 million in funding.¶ No, the real value is faith and trust. Silicon Valley is a broker of credibility. It’s not as if here, in Dubai, there is any lack of capital. It’s just that no one here would dare to put significant funds into a tech startup early in the game unless it had Silicon Valley’s stamp of approval.¶ Let me give you a real example of this. Earlier this year, my company Fetchr received a valuation from U.S. investors that was six times greater than what a top-notch investor in Dubai had suggested. Raising capital from Dubai-based investors wouldn’t have been worth it.¶ In local business culture, some investors believe that if a startup needs to bring in capital, the founder must not have the capacity and knowledge to grow the company. Fundraising is a sign of weakness. I have seen local investors refuse to carve out stock options and insist that new hires will have to take a cut from the founder’s share pool. ¶ However, after New Enterprise Associates (NEA) and other American VC firms committed to us in the round, investors in the UAE believed in the potential of the company. The gleam of Silicon Valley became a beacon for customers and capital on our own turf. The credibility we gained was at least as valuable as the actual capital.¶ Should it burst, the tech bubble will have ramifications that ripple around the tech world like the shockwave from an apocalyptic asteroid.¶ This is what makes the bubble especially terrifying outside Silicon Valley. Thousands of miles away, across multiple time zones and cultural fault lines, Silicon Valley’s errors could sweep us away in a tide of doubt as American investors recoil from foreign tech. Without the flow of outside capital and credibility, Dubai’s fledgling tech community would be set back 30 years.¶ I don’t mean to downplay the consequences of the bubble in the U.S . — it will be painful — but I do think innovation will bounce back relatively quickly, just as it did after the Dot-com Bubble. Silicon Valley has a formidable culture of innovation that will not go away, even if many startups go bust. I n more fragile economies, the bubble’s ramifications could be harsher and longer lasting, despite the emergence of local VC industries.¶ Consider Spain, a country where unemployment is at 23.78 percent across age groups and a staggering 49.30 percent for people under 25 years old. The small but growing tech scene is an area where youth can effectively create their own jobs, presuming they have access to capital. Indeed, Spain saw more than $300 million worth of IT investments in 2014, up 30 percent over 2013, according to Venture Watch Research. ¶ Here’s the catch: 32.6 percent of the total investment volume came from the United States, and another 26.3 percent came from outside the country. Between January and March 2015, 51.3 percent of volume came from the U.S. alone, and just 17.3 percent came from Spain. ¶ How does a tech community like Spain’s continue to thrive if the bubble bursts and U.S. investors pull the plug? Joining half of Spain’s youth in unemployment won’t be an appealing option for the tech-savvy individuals denied any hope of becoming entrepreneurs on the Iberian Peninsula. ¶ Many will end up clocking in and out at big European companies where “innovation” is a joke. Many will leave Spain, robbing the country of talent and future companies that would provide jobs, training, mentorship and sustainable economic value.¶ Spain’s $300 million in funding is miniscule compared to the $48 billion that venture firms shelled out on American companies in 2014 (by comparison, the global volume of VC activity was $86 billion). Spain is certainly not the only foreign tech hub that depends on U.S. venture capital. Consider that in 2014, 239 out of 308 venture funds were based in North America, according to research firm PitchBook. ¶ Which leads to the great unknown: If the bubble cuts off the flow of capital, what would be the wider impact on emerging tech hubs like Spain, Nigeria and even Greece, where there is already a volatile cocktail of unemployment and political tension? Would the wounded tech community thrown its support behind more radicalized political parties? Would “brain drain” from these countries put local tech innovation into a coma? Would the collapse of tech take down other verticals?¶ Silicon Valley is the center of innovation because it pumps fresh capital — and fresh credibility — throughout the global tech ecosystem. A Silicon Valley startup is an everyday, blasé thing; a startup in places like Dubai is outlandish and unsettling, at least until Silicon Valley investors knight it. I run a startup in Dubai that only became possible through the credibility bestowed on us by top-tier American VCs.¶ I can’t tell you the exact repercussions of a bubble. But I know as an entrepreneur who lives somewhere in the “rest of the world,” this is about more than 117 Unicorns and one valley. If the bubble bursts, whether it’s caused by hubris, ignorance or unseen forces, the global tech community will share in the pain. Link Extensions Growth in investments are what’s leading to the bubble growing Cuban 03/04/15 (Mark Cuban, is an American businessman, investor, and owner of the NBA's Dallas Mavericks, March 4, 2015, “Why This Tech Bubble is Worse Than the Tech Bubble of 2000” http://blogmaverick.com/2015/03/04/why-this-techbubble-is-worse-than-the-tech-bubble-of2000/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+b logmaverick%2FtyiP+%28blog+maverick%29 If we thought it was stupid to invest in public internet websites that had no chance of succeeding back then, it’s worse today.¶ In a bubble there is always someone with a “great” idea pitching an investor the dream of a billion dollar payout with a comparison to an existing success story. In the tech bubble it was Broadcast.com, AOL, Netscape, etc. Today its, Uber, Twitter, Facebook, etc. ¶ To the investor, its the hope of a huge payout. But there is one critical difference. Back then the companies the general public was investing in were public companies. They may have been horrible companies, but being public meant that investors had liquidity to sell their stocks. ¶ The bubble today comes from private investors who are investing in apps and small tech companies.¶ Just like back then there were always people telling you their idea for a new website or about the public website they invested in, today people always have what essentially boils down to an app that they want you to invest in. But unlike back then when the dream of riches was from a public company, now its from a private company. And there in lies the rub.¶ People we used to call individual or small investors, are now called Angels. Angels. Why do they call them Angels ? Maybe because they grant wishes ?¶ According to some data I found, there are 225k Angels in the US. Like the crazy days of the internet boom, I wonder how many realize what they have gotten into ?¶ But they are not alone.¶ For those who can’t figure out how to be Angels. You can sign up to be part of the new excitement called Equity Crowd Funding. Equity Crowd Funding allows you to join the masses to chase investments with as little as 5k dollars. Oh the possibilities !!¶ I have absolutely not doubt in my mind that most of these individual Angels and crowd funders are currently under water in their investments. Absolutely none. I say most. The percentage could be higher Going Dark DA 1NC Current NSA has control of deep web by using existing backdoors to bypass encryption methods. Franceschi 07/15/15 (LORENZO FRANCESCHI-BICCHIERA is a staffwriter at motherboard, “The FBI Hacked a Dark Web Child Porn Site to Unmask Its Visitors” http://motherboard.vice.com/en_uk/read/the-fbi-hacked-a-dark-web-child-porn-site-tounmask-its-visitors) It’s no secret that the FBI hacks into suspects’ computers during its investigations. But the bureau is certainly not a fan of publicizing its methods.¶ A recent case involving two frequent users of an unnamed dark web child pornography site is no different. Last week, two men from New York were indicted on child pornography charges, and in court documents, the prosecutors and the FBI were careful not to reveal too many details about the investigation.¶ But a passage in the court documents, spotted by Stanford computer science and law expert Jonathan Mayer, reveals that the feds deployed a “Network Investigative Technique” to unmask the two men and obtain their real IP address.¶ “That's the agency's current euphemism for hacking,” Mayer told Motherboard in an email. While the court document stops short of explaining exactly what hacking technique the FBI used, the description seems to point in the direction of a “watering hole” attack or a “drive-by download,” techniques where hackers hijack a website and subvert it to deliver malware to all the visitors.¶ On February 20, 2015 the FBI seized the server hosting what the FBI refers to only as “Website A,” according to court documents. That allowed the bureau to use a Network Investigative Technique, or NIT, to “monitor the electronic communications” of all visitors of the site until March 4.¶ The NIT was designed was designed to trick the computers of the more than 200,000 visitors of the site into sending the FBI a host of information about the target, such as his or her “actual” IP address, the computer’s operating system, and its MAC address, a computer’s unique identifier, according to court documents.’¶ Given the way the FBI describes how it unmasked the two suspects, Alex Schreiber and Peter Ferrell, for Mayer, there’s no other “technical explanation” that this was a case of hacking and use of malware. Backdoors key to solving for encryption on the Internet Kravets 07/08/15 (David Kravets, July 8, 2015, “FBI chief tells Senate committee we’re doomed without crypto backdoors” https://www.benton.org/headlines/fbi-chief-tells-senatecommittee-were-doomed-without-crypto-backdoors) James Comey, the director of the FBI, told the Senate Judiciary Committee that the government should have the right to lawfully access any device or electronic form of communication with a lawful court order, even if it is encrypted. Director Comey and Deputy Attorney General Sally Quillian Yates briefed the committee and complained that keys necessary to decrypt communications and electronic devices often reside "solely in the hands of the end user"-- which they said is emblematic of the so-called "Going Dark problem." Companies should bake encryption backdoors into their products to allow lawful access, they said. "We are not asking to expand the government's surveillance authority, but rather we are asking to ensure that we can continue to obtain electronic information and evidence pursuant to the legal authority that Congress has provided to us to keep America safe," read the joint prepared remarks.¶ "Mr. Chairman, the Department of Justice believes that the challenges posed by the Going Dark problem are grave, growing, and extremely complex." To counter this, the duo said the government is actively developing its own decryption tools. The remarks said, "We should also continue to invest in developing tools, techniques, and capabilities designed to mitigate the increasing technical challenges associated with the Going Dark problem. In limited circumstances, this investment may help mitigate the risks posed in high priority national security or criminal cases, although it will most likely be unable to provide a timely or scalable solution in terms of addressing the full spectrum of public safety needs. Deep web is a host of crimes specifically with drug trafficking Grossman 11/11/13 (Lev Grossman, lead technology writer for the times, Nov. 11, 2013, “The Secret Web: Where Drugs, Porn and Murder Live Online” http://time.com/630/the-secret-webwhere-drugs-porn-and-murder-live-online/) On the afternoon of Oct. 1, 2013, a tall, slender, shaggy-haired man left his house on 15th Avenue in San Francisco. He paid $1,000 a month cash to share it with two housemates who knew him only as a quiet currency trader named Josh Terrey. His real name was Ross Ulbricht. He was 29 and had no police record. Dressed in jeans and a red T-shirt, Ulbricht headed to the Glen Park branch of the public library, where he made his way to the science-fiction section and logged on to his laptop–he was using the free wi-fi. Several FBI agents dressed in plainclothes converged on him, pushed him up against a window, then escorted him from the building.¶ The FBI believes Ulbricht is a criminal known online as the Dread Pirate Roberts, a reference to the book and movie The Princess Bride. The Dread Pirate Roberts was the owner and administrator of Silk Road, a wildly successful online bazaar where people bought and sold illegal goods–primarily drugs but also fake IDs, fireworks and hacking software. They could do this without getting caught because Silk Road was located in a little-known region of the Internet called the Deep Web.¶ Technically the Deep Web refers to the collection of all the websites and databases that search engines like Google don’t or can’t index, which in terms of the sheer volume of information is many times larger than the Web as we know it. But more loosely, the Deep Web is a specific branch of the Internet that’s distinguished by that increasingly rare commodity: complete anonymity. Nothing you do on the Deep Web can be associated with your real-world identity, unless you choose it to be. Most people never see it, though the software you need to access it is free and takes less than three minutes to download and install. If there’s a part of the grid that can be considered off the grid, it’s the Deep Web.¶ The Deep Web has plenty of valid reasons for existing. It’s a vital tool for intelligence agents, law enforcement, political dissidents and anybody who needs or wants to conduct their online affairs in private–which is, increasingly, everybody. According to a survey published in September by the Pew Internet & American Life Project, 86% of Internet users have attempted to delete or conceal their digital history, and 55% have tried to avoid being observed online by specific parties like their employers or the government.¶ But the Deep Web is also an ideal venue for doing things that are unlawful, especially when it’s combined, as in the case of Silk Road, with the anonymous, virtually untraceable electronic currency Bitcoin. “It allows all sorts of criminals who, in bygone eras, had to find open-air drug markets or an alley somewhere to engage in bad activity to do it openly,” argues Preet Bharara, U.S. attorney for the Southern District of New York, whose office is bringing a case against Ulbricht and who spoke exclusively to TIME. For 2½ years Silk Road acted as an Amazon-like clearinghouse for illegal goods, providing almost a million customers worldwide with $1.2 billion worth of contraband, according to the 39-page federal complaint against Ulbricht. The Dread Pirate Roberts, the Deep Web’s Jeff Bezos, allegedly collected some $80 million in fees. Earlier today, FBI Director James Comey implied that a broad coalition of technology companies, trade associations, civil society groups, and security experts were either uninformed or were not “fairminded” in a letter they sent to the President yesterday urging him to reject any legislative proposals that would undermine the adoption of strong encryption by US companies. The letter was signed by dozens of organizations and companies in the latest part of the debate over whether the government should be given built-in access to encrypted data (see, for example, here, here, here, and here for previous iterations). The comments were made at the Third Annual Cybersecurity Law Institute held at Georgetown University Law Center. The transcript of his encryption-related discussion is below (emphasis added). Increasingly, communications at rest sitting on a device or in motion are encrypted. The device is encrypted or the communication is encrypted and therefore unavailable to us even with a court order. So I make a showing of probable cause to a judge in a criminal case or in an intelligence case to the Foreign Intelligence Surveillance Court judge that the content of a particular defense or a particular communication stream should be collected to our statutory authority, and the judge approves, increasingly we are finding ourselves unable to read what we find or we’re unable to open a device. And that is a serious concern. I am actually — I think encryption is a good thing. I think there are tremendous societal benefits to encryption. That’s one of the reasons the FBI tells people not only lock your cars, but you should encrypt things that are important to you to make it harder for thieves to take them. But we have a collision going on in this country that’s getting closer and closer to an actual head-on, which is our important interest in privacy — which I am passionate about — and our important interest in public safety. The logic of universal encryption is inexorable that our authority under the Fourth Amendment — an amendment that I think is critical to ordered liberty — with the right predication and the right oversight to obtain information is going to become increasingly irrelevant. As all of our lives become digital, the logic of encryption is that all of our lives will be covered by strong encryption, therefore all of our lives — I know there are no criminals here, but including the lives of criminals and terrorists and spies — will be in a place that is utterly unavailable to court ordered process. And that, I think, to a democracy should be very, very concerning. I think we need to have a conversation about it. Again, how do we strike the right balance? Privacy matters tremendously. Public safety, I think, matters tremendously to everybody. I think fairminded people have to recognize that there are tremendous benefits to a society from encryption. There are tremendous costs to a society from universal strong encryption. And how do we think about that? A group of tech companies and some prominent folks wrote a letter to the President yesterday that I frankly found depressing. Because their letter contains no acknowledgment that there are societal costs to universal encryption. Look, I recognize the challenges facing our tech companies. Competitive challenges, regulatory challenges overseas, all kinds of challenges. I recognize the benefits of encryption, but I think fair-minded people also have to recognize the costs associated with that. And I read this letter and I think, “Either these folks don’t see what I see or they’re not fair-minded.” And either one of those things is depressing to me. So I’ve just got to continue to have the conversation. I don’t know the answer, but I don’t think a democracy should drift to a place where suddenly law enforcement people say, “Well, actually we — the Fourth Amendment is an awesome thing, but we actually can’t access any information.” We’ve got to have a conversation long before the logic of strong encryption takes us to that place. And smart people, reasonable people will disagree mightily. Technical people will say it’s too hard. My reaction to that is: Really? Too hard? Too hard for the people we have in this country to figure something out? I’m not that pessimistic. I think we ought to have a conversation. Turns case - drug trafficking has harsh economic consequences UN 2012 (United Nation, 26 June 2012, “Thematic Debate of the 66th session of the United Nations General Assembly on¶ Drugs and Crime as a Threat to Development” http://www.un.org/en/ga/president/66/Issues/drugs/drugs-crime.shtml ) On the occasion of the UN International Day against Drug Abuse and Illicit Trafficking In the past decade, there has been significant growth in the illicit trafficking of drugs, people, firearms, and natural resources. Trafficking in these and other commodities is generally characterized by high levels of organization and the presence of strong criminal groups and networks. While such activities existed in the past, both the scale and the geographic scope of the current challenge are unprecedented. In 2009, the value of illicit trade around the globe was estimated at US$1.3 trillion and is increasing. ¶ ¶ Transnational organized crime and drug trafficking is of growing concern, and particularly illicit trade’s broad impact on development. Few, if any, countries are exempt. Drug trafficking has particularly severe implications because of the vast illegal profits it generates: an estimated 322 billion dollars a year. In several drug production and transit regions, criminal groups undermine state authority and the rule of law by fuelling corruption, compromising elections, and hurting the legitimate economy. In all cases, ¶ criminal influence and money are having a significant impact on the livelihoods and quality of life of citizens, most particularly the poor, women and children.¶ ¶ The 2005 World Summit Outcome Document expressed Member States’ “grave concern at the negative effects on development, peace and security and human rights posed by transnational crime, including the smuggling of and trafficking in human beings, the world narcotic drug problem and the illicit trade in small arms and light weapons.” (A/RES/60/1 at 111). The General Assembly has most recently reiterated this concern and noted the increasing vulnerability of states to such crime in Resolution A/Res/66/181 (Strengthening the United Nations Crime Prevention and Criminal Justice Programme, in particular its technical cooperation capacity). The Assembly has also recognized that “despite continuing increased efforts by States, relevant organizations, civil society and non-governmental organizations, the world drug problem…undermines socio-economic and political stability and sustainable development.” See A/Res/66/183 (International cooperation against the world drug problem). ¶ ¶ A number of international conventions on drug control, and more recently the UN Convention against Transnational Organized Crime (UNTOC) and its protocols on human trafficking, migrant smuggling and trafficking of firearms, as well as the UN Convention against Corruption (UNCAC), constitute the key framework for a strategic response. Such instruments call upon State Parties to take “into account the negative effects of organized crime on society in general, in particular on sustainable development”, and “to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.” See article 30 of the UNTOC and article 9 of the Trafficking Protocol. See also article 62 of the UNCAC. They also commit parties to respect fundamental human rights in countering organized crime and drug trafficking. ¶ ¶ The Secretary General’s 2005 "In Larger Freedom” report highlighted that “We will not enjoy development without security, and we will not enjoy security without development". The Secretary-General’s 2010 “Keeping the Promise” report (A/64/665) recognized that in order to achieve the Millennium Development Goals, “integrity, accountability and transparency are crucial for managing resources, recovering assets and combating the abuse, corruption and organized crime that are adversely affecting the poor.” Par. 57.¶ ¶ As we move towards 2015, and take stock of the Millennium Development Goals, there is a growing recognition that organized As economic development is threatened by transnational organized crime and illicit drugs, countering crime must form part of the development agenda, and social and economic development approaches need to form part of our response to organized crime . If we are to ensure that the MDGs are achieved, we must strengthen strategies to deliver these goals, including stepping up efforts to address issues such as money laundering, corruption and trafficking in wildlife, people and arms, and drugs. Organized crime and drugs impact every economy, in every country, but they are particularly devastating in weak and vulnerable countries. Weak and fragile countries are particularly vulnerable to the effects of transnational organized crime. These countries, some devastated by war, others making the complex journey towards democracy, are preyed upon by crime. As a result, organized crime flourishes, successes in development are reversed, and opportunities for social and economic advancement are lost. Corruption, a facilitator of organized crime and drug trafficking, is a serious impediment to the rule of law and sustainable development. It can be a dominant factor driving fragile countries towards failure. It is estimated that up to US$40 billion annually is lost through corruption in developing countries.¶ ¶ Drugs and crime undermine development by eroding social and human capital. This degrades quality of life and can force skilled workers to leave, while the direct impacts of victimisation, as well as fear of crime, may impede the development of those that remain. By limiting movement, crime impedes access to possible employment and educational opportunities, and it discourages the accumulation of assets. Crime is also more “expensive” for poor people in poor countries, and disadvantaged households may struggle to cope with the shock of victimisation. Drugs crime and illicit drugs are major impediments to their achievement. ¶ ¶ and crime also undermine development by driving away business. Both foreign and domestic investors see crime as a sign of social instability, and crime drives up the cost of doing business. Tourism is a sector especially sensitive to crime issues. Drugs and crime, moreover, undermine the ability of the state to promote development by destroying the trust relationship between the people and the state, and undermining democracy and confidence in the criminal justice system. When people lose confidence in the criminal justice system, they may engage in vigilantism, which further undermines the state. Uniqueness http://blog.acton.org/archives/71950-deep-dark-web-like-cockroaches-human-traffickersprefer-dark.html Recent stops of drug trafficking sites prove Europol 14 ( Europol 7 November 2014, “Global Action Against Dark Markets on Tor Network” “ https://www.europol.europa.eu/content/global-action-against-dark-markets-tor-network) On 6 November, law enforcement and judicial agencies around the globe undertook a joint action against dark markets running as hidden services on Tor* network. 16 European countries,** alongside counterparts from the United States, brought down several marketplaces as part of a unified international action from Europol’s operational coordination centre in The Hague.¶ The action aimed to stop the sale, distribution and promotion of illegal and harmful items, including weapons and drugs, which were being sold on online ‘dark’ marketplaces. Operation Onymous, coordinated by Europol’s European Cybercrime Centre (EC3), the FBI, the U.S. Immigration and Customs Enforcement’s (ICE), Homeland Security Investigations (HSI) and Eurojust, resulted in 17 arrests of vendors and administrators running these online marketplaces and more than 410 hidden services being taken down. In addition, bitcoins worth approximately USD 1 million, EUR 180 000 euro in cash, drugs, gold and silver were seized. The dark market Silk Road 2.0 was taken down by the FBI and the U.S. ICE HIS, and the operator was arrested.¶ The Joint Cybercrime Action Taskforce (J-CAT), located at Europol’s headquarters, supported the operation. The J-CAT was created to serve as a platform for targeted operations against global criminal networks and infrastructure, carried out by EC3 and our colleagues in EU Member States and beyond. ¶ “Today we have demonstrated that, together, we are able to efficiently remove vital criminal infrastructures that are supporting serious organised crime. And we are not 'just' removing these services from the open Internet; this time we have also hit services on the Darknet using Tor where, for a long time, criminals have considered themselves beyond reach. We can now show that they are neither invisible nor untouchable. The criminals can run but they can’t hide. And our work continues....”, says Troels Oerting, Head of EC3.¶ “Our efforts have disrupted a website that allows illicit black-market activities to evolve and expand, and provides a safe haven for illegal vices, such as weapons distribution, drug trafficking and murder-for-hire,” says Kumar Kibble, regional attaché for HSI in Germany. “HSI will continue to work in partnership with Europol and its law enforcement partners around the world to hold criminals who use anonymous Internet software for illegal activities accountable for their actions.”¶ “Working closely with domestic and international law enforcement, the FBI and our partners have taken action to disrupt several websites dedicated to the buying and selling of illegal drugs and other unlawful goods. Combating cyber criminals remains a top priority for the FBI, and we continue to aggressively investigate, disrupt, and dismantle illicit networks that pose a threat in cyberspace”, says Robert Anderson, FBI Executive Assistant Director of the of the Criminal, Cyber, Response and Services Branch. Link Backdoors key to solving for encryption on the Internet Kravets 07/08/15 (David Kravets, July 8, 2015, “FBI chief tells Senate committee we’re doomed without crypto backdoors” https://www.benton.org/headlines/fbi-chief-tells-senatecommittee-were-doomed-without-crypto-backdoors) James Comey, the director of the FBI, told the Senate Judiciary Committee that the government should have the right to lawfully access any device or electronic form of communication with a lawful court order, even if it is encrypted. Director Comey and Deputy Attorney General Sally Quillian Yates briefed the committee and complained that keys necessary to decrypt communications and electronic devices often reside "solely in the hands of the end user"-- which they said is emblematic of the so-called "Going Dark problem." Companies should bake encryption backdoors into their products to allow lawful access, they said. "We are not asking to expand the government's surveillance authority, but rather we are asking to ensure that we can continue to obtain electronic information and evidence pursuant to the legal authority that Congress has provided to us to keep America safe," read the joint prepared remarks.¶ "Mr. Chairman, the Department of Justice believes that the challenges posed by the Going Dark problem are grave, growing, and extremely complex." To counter this, the duo said the government is actively developing its own decryption tools. The remarks said, "We should also continue to invest in developing tools, techniques, and capabilities designed to mitigate the increasing technical challenges associated with the Going Dark problem. In limited circumstances, this investment may help mitigate the risks posed in high priority national security or criminal cases, although it will most likely be unable to provide a timely or scalable solution in terms of addressing the full spectrum of public safety needs. Mandates that ban decryption methods hurt FBI’s ability to navigate sites like the dark web. We should hold off on mandates to ban decryption methods in the status quo Wittes 07/12/15 (Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution, July 12, 2015, “Thoughts on Encryption and Going Dark, Part II: The Debate on the Merits” http://www.lawfareblog.com/thoughtsencryption-and-going-dark-part-ii-debate-merits) There's a final, non-legal factor that may push companies to work this problem as energetically as they are now moving toward end-to-end encryption: politics. We are at very particular moment in the cryptography debate, a moment in which law enforcement sees a major problem as having arrived but the tech companies see that problem as part of the solution to the problems the Snowden revelations created for them. That is, we have an end-to-end encryption issue, in significant part, because companies are trying to assure customers worldwide that they have their backs privacywise and are not simply tools of NSA. I think those politics are likely to change. If Comey is right and we start seeing law enforcement and intelligence agencies blind in investigating and preventing horrible crimes and significant threats, the pressure on the companies is going to shift. And it may shift fast and hard. Whereas the companies now feel intense pressure to assure customers that their data is safe from NSA, the kidnapped kid with the encrypted iPhone is going to generate a very different sort of political response. In extraordinary circumstances, extraordinary access may well seem reasonable. And people will wonder why it doesn't exist.¶ Which of these approaches is the right way to go? I would pursue several of them simultaneously. At least for now, I would hold off on any kind of regulatory mandate, there being just too much doubt at this stage concerning what's doable. I would, however, take a hard look at the role that civil liability might play. I think the government, if it's serious about creating an extraordinary access scheme, needs to generate some public research establishing proof of concept. We should watch very carefully how the companies respond to the mandates they will receive from governments that will approach this problem in a less nuanced fashion than ours will. And Comey should keep up the political pressure. The combination of these forces may well produce a more workable approach to the problem than anyone can currently envision. Impact Random A fully encrypted world would not be a fun one to live in Wittes 07/12/15 (Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution, July 12, 2015, “Thoughts on Encryption and Going Dark, Part II: The Debate on the Merits” http://www.lawfareblog.com/thoughtsencryption-and-going-dark-part-ii-debate-merits) Consider the conceptual question first. Would it be a good idea to have a world-wide communications infrastructure that is, as Bruce Schneier has aptly put it, secure from all attackers? That is, if we could snap our fingers and make all device-to-device communications perfectly secure against interception from the Chinese, from hackers, from the FSB but also from the FBI even wielding lawful process, would that be desirable? Or, in the alternative, do we want to create an internet as secure as possible from everyone except government investigators exercising their legal authorities with the understanding that other countries may do the same?¶ Conceptually speaking, I am with Comey on this question—and the matter does not seem to me an especially close call. The belief in principle in creating a giant world-wide network on which surveillance is technically impossible is really an argument for the creation of the world's largest ungoverned space. I understand why techno-anarchists find this idea so appealing. I can't imagine for moment, however, why anyone else would.¶ Consider the comparable argument in physical space: the creation of a city in which authorities are entirely dependent on citizen reporting of bad conduct but have no direct visibility onto what happens on the streets and no ability to conduct search warrants (even with court orders) or to patrol parks or street corners. Would you want to live in that city? The idea that ungoverned spaces really suck is not controversial when you're talking about Yemen or Somalia. I see nothing more attractive about the creation of a worldwide architecture in which it is technically impossible to intercept and read ISIS communications with followers or to follow child predators into chatrooms where they go after kids. = FBI on brink of going dark Davis 07/09/15 (Paul Davis is a contributing editor to Counterterrorism & Homeland Security Magazine and a contributor to the Philadelphia Inquirer and other publication, THURSDAY, JULY 9, 2015, “FBI: Senate Committees Briefed On Going Dark Impact” http://www.pauldavisoncrime.com/2015/07/fbi-senate-committees-briefed-on-going.html) First, before the Senate Judiciary Committee, Comey—along with U.S. Department of Justice Deputy Attorney General Sally Quillian Yates—continued the public discourse on the Going Dark issue, which involves the impact of emerging technologies on the ability of law enforcement to use lawful investigative tools and follow critical leads. “ The benefits of our increasingly digital lives,” according to Comey, “have been accompanied by new dangers, and we have been forced to consider how criminals and terrorists might use advances in technology to their advantage.” He said that the FBI is seeing a growing number of cases—from homicides and kidnappings to drug trafficking, financial fraud, and child exploitation—where critical evidence is coming from smartphones, computers, and online communications.¶ Before the Senate Select Committee on Intelligence, Comey focused specifically on how terrorist groups, including ISIL, use technology such as social media to communicate in order to both inspire and recruit. While some of these conversations take place on publicly accessed social networking sites, others take place over encrypted private messaging platforms. And, as Comey explained, these “changing forms of communication are quickly outpacing laws and technology designed to allow for the lawful intercept of communication content.”¶ Of the Going Dark issue, Comey and Yates said that the Department of Justice and the FBI must work with Congress, industry, academics, privacy groups, and others to come up with an approach that addresses multiple and competing legitimate concerns. “But,” they added, “we can all agree that we will need ongoing honest and informed public debate about how best to protect liberty and security in both our laws and our technology.” Law enforcement at all levels has the legal authority to intercept and access communications and information pursuant to court orders, but it often lacks the technical ability to carry those orders out because of a fundamental shift in communications services and technologies. This scenario is often called the “Going Dark” problem. ¶ Law enforcement faces two distinct Going Dark challenges. The first concerns real-time court-ordered interception of data in motion, such as phone calls, e-mail, text messages, and chat sessions. The second challenge concerns “data at rest”—court-ordered access to data stored on devices, like e-mail, text messages, photos, and videos. Both real-time communications and stored data are increasingly difficult for law enforcement to obtain with a court order or warrant. This is eroding law enforcement’s ability to quickly obtain valuable information that may be used to identity and save victims, reveal evidence to convict perpetrators, or exonerate the innocent.¶ Make no mistake, the FBI supports strong encryption. The Department of Justice, the FBI, and other law enforcement agencies are on the front lines of the fight against cyber crime and as such we know first-hand the damage that can be caused by vulnerable and insecure systems. The government uses strong encryption to secure its own electronic information, and it encourages the private sector and members of the public to do the same thing.¶ However, the challenges faced by law enforcement to lawfully and quickly obtain valuable information are getting worse. The Communications Assistance for Law Enforcement Act (CALEA) was enacted in 1994 and applies only to traditional telecommunications carriers, providers of interconnected Voice over Internet Protocol (VoIP) services, and providers of broadband access services. Today, thousands of companies provide some form of communication service, and most are not required by CALEA to develop lawful intercept capabilities for law enforcement. As a result, many of today’s communication services are developed and deployed without consideration of law enforcement’s lawful intercept and evidence collection needs.