Edward Snowden is an American Hero

May the best argumentation win! I will make my case and then address concerns implied in my opponent"s round 1 response. HARMS GOVERNMENT ACTIONS VIA NSA"s PRISM & RELATED PROGRAMS HARM 1: Secret Powers Corrupt Government a. Many government employees have used PRISM to directly spy on people they know: "In one instance in 2005, a military member of the NSA queried six email addresses of a former American girlfriend - on the first day he obtained access to the data collection system. " REUTERS 2013<. http://tinyurl.com...; b. The U. S. Government has illegally collected information to persecute political opponents; think Watergate, and the 2013 IRS scandal when the IRS targeted Republican PACs. Imagine if Nixon had the powers of the NSA. In the 1960s the FBI illegally spied on Martin Luther King, Jr. and other civil rights leaders in order to intimidate and discredit them. WASHINGTON POST 2013: <. http://tinyurl.com...; c. The Obama Administration has prosecuted more whistleblowers than any other president in US history; a handful of American journalists are in jail for exposing government corruption. This is a threat to a free press as enshrined in the First Amendment. When the free press is afraid to expose the truth it hurts all of us. MOTHER JONES 2012: <. http://tinyurl.com...; d. Democracies only work if leaders feel accountable to the public. They will not feel accountable if they know they can cover up their policies by stamping a secret "national security" label. HARM 2: Opaque Governance Undermines Democracy A. People cannot choose how they want to steer the country if the government actively covers up information and actively misleads the public. It"s as if people believe they choose the country"s destination after they"ve been handed a fictional map. B. The NSA Had Zero Government Oversight b1. (Legislative) No Congressional Oversight of the NSA A member of the US Congress Intelligence Committee, Jim Himes said, "Possibility of 1000s of NSA violations unacceptable. Many intel comm members unaware of this report. In fact, we have been told no abuses. " There is a key loophole in the Patriot Act and within the NSA"s procedures that allows the NSA to cover up mistakes and not share any of its operations with congress as long as those operations did not go directly through FISA. TECH-DIRT 2013 <. http://tinyurl.com...; Furthermore, when a congressmen asked the then NSA chief, James Clapper about the extent of the NSA"s activities he lied. Some want to convict him of perjury for lying under congressional oath. <. http://www.youtube.com...; b2. (Judicial) The FISA Court is Illegitimate The FISA Court named after the Foreign Intelligence Security Act, runs counter to fundamental principles that undergird common law in a Western liberal democracy. First, before the Snowden revelations, there was no one representing the defence to provide arguments for why the warrantless phone tap or data collection should not take place. The government was the only party represented and acted as judge, jury, and prosecution. Secondly, all of the evidence and results of the hearing are secret. It is impossible to appeal or scrutinize the process because it"s all secret. A secret trial in a secret court that leans on entirely secret evidence without a defense present is not a legitimate court; they are the seeds of totalitarianism, and they must be snipped in the bud ASAP. AMERICAN BAR ASSOCIATION 2013: <. http://tinyurl.com...; HARM 3: Data Overload Undermines Our Security a. Following the constitutional framework forces law enforcement to focus their resources where there is actual evidence of an attack. Only once law enforcement has a reason to search a suspect should they seek a warrant from a judge to conduct searches when necessary. The NSA"s data bulk did not give American intel" failed to prevent Benghazi, the Boston Bombing, the Christmas Day Underwear Bomber, and the series of mass shootings that have plagued our towns since the Patriot Act was passed in 2001. Furthermore, the NSA"s program has probably not prevented a single terror attack. The NSA wants to claim that they prevented 50+ attacks, but cannot provide any evidence to support such a claim. Indeed, evidence is mounting that directly undermines their claim. PRO PUBLICA 2013: <. http://tinyurl.com...; WALL STREET JOURNAL 2013: <. http://tinyurl.com...; HARM 4: NSA"s Warrantless Data Collection Violates the Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Fourth Amendment, US Constitution) U. S. District Judge Richard Leon said the National Security Agency's bulk collection of metadata -- phone records of the time and numbers called without any disclosure of content -- apparently violates privacy rights. "I cannot imagine a more 'indiscriminate' and 'arbitrary invasion' than this systematic and high-tech collection and retention of personal data on virtually every citizen for purposes of querying and analyzing it without prior judicial approval," said Leon, an appointee of President George W. Bush. "Surely, such a program infringes on 'that degree of privacy' that the Founders enshrined in the Fourth Amendment. " CNN 2013: <. http://tinyurl.com...; Edward Snowden"s Actions Were Pivotal A) Americans Required Hard Evidence to Challenge the Constitutionality of the NSA"s Programmes in the Courts NEW YORKER, 2013 <. http://tinyurl.com...; B) We Need to be Aware of a Government Program in Order to Have a Debate About It Since Snowden revealed the NSA"s abuses and spurred public backlash C) Congressmen Could NOT Speak Out Because They Did NOT Know About the NSA"s Program and the Few that Did had an Incentive to Stay Silent a. Congressmen and women did not know b. Former NSA chief lied to congress c. The Few that knew are the largest receivers of campaign donations from the Arms/Intelligence Industry; Thereby Having a Conflict of Interest in Having an Incentive to Make Sure These Programs Never Come Under Scrutiny D) Others Were Too Afraid The Obama administration"s unprecedented prosecution of whistleblowers and undue influence in the judiciary made it very unlikely that others had the courage to speak out. Edward Snowden"s courageous choice made reform possible. I. Edward Snowden is An American Hero (I"m running near my character limit, I will extend these arguments and provide further evidence in my round 3 response. According to the rules I laid out in round 1, both sides can introduce case extensions and new evidence in round 3. ) A. Edward Snowden"s Actions Enabled Americans to Curtail the NSA and Prevent Further Harm a. We Needed Edward Snowden to Provide Hard Evidence of the NSA b. We Needed to Know about the NSA to Sue the NSA, c. The Outcomes of this Litigation Will and Has Curtailed the NSA"s Power d. Curtailing the NSA Boosts Our Democracy B. Edward Snowden Sacrificed His Livelihood and Risked His Life & Freedom in Order to Shine a Light on the NSA"s Misdeeds. Snowden left behind a girl friend, a home in Hawaii, and a six figure job with benefits to be hunted by the CIA for the rest of his life so that we would know that the Government was spying on us. C. Shining a Light on the NSA Will Enable Reform and Save Democracy II. Edward Snowden Champions American Values A. Transparent Government B. Free Speech C. Constitutional Limits on Government Power D. Non-Violent Civil Disobedience (More on this later. .. ) III. Courage is Contagious A. People like Edward Snowden show that it"s possible to stand up and speak truth to power B. He is a Model for Others that Hope for a Better & More Transparent Government ___________ If you read my opponent"s round 1 response, it implies that he thinks Edward Snowden is a criminal who should be imprisoned for treason. This draconian point of view requires some unpacking. A) Mala Prohbitia v. Mala in Se In common law there is a useful distinction known as mala prohibita versus mala in se. Mala prohibita is latin for "wrong because it"s prohibited," referring to actions that are merely prohibited, but not morally wrong (i. e. "no store may sell berries on Sundays"). An action that is mala in se "morally wrong in itself" prohibits actions which are morally wrong (i. e. "Thy Shall Not Murder"). Snowden"s alleged act, at worst, is merely mala prohibita. There is zero evidence that his actions harmed another human being in any way. Indeed, his actions upheld the higher laws enshrined in the US Constitution that protect us from government abuse and remind the government that those classified documents Snowden released belonged to "We The People" in the first place. B) Martin Luther King, Jr. : "An injust law is no law at all" 1. The Law Edward Snowden Allegedly Violated Violates the Constitution and the Freedom of Information Act C) The Accused is Innocent Until Proven Guilty in a Court of Law 1. My opponent"s view that Edward Snowden is a criminal does not hold weight in an ethical nor strictly legal sense. I have made my case for the justness of Snowden"s actions if they are evaluated in a ethical mala in se framework. Yet I would posit that his actions are still pure even if they are evaluated under a mala prohibita framework. 2. Edward Snowden is NOT GUILTY of Espionage. Snowden was not working for a rival government. 3. Edward Snowden is NOT GUILTY of Treason. Snowden has never attacked the US or any of its representatives. 4. Edward Snowden is NOT GUILTY of "theft. " Edward Snowden did not steal anything. His act is a form of free expression that is protected under the First Amendment.