A. Interpretation the Affirmative Must Curtail DOMESTIC Surveillance

TSDC Topicality 2015

RESOLUTION

Resolved: The United States Federal Government should substantially curtail its domestic surveillance.

Negative

Section 702

A. Interpretation – the affirmative must curtail DOMESTIC surveillance

“Domestic” surveillance is defined by the target---the subject of surveillance must be U.S. persons

Donohue 6 – Laura K. Donohue, Fellow, Center for International Security and Cooperation, Stanford University, “ANGLO-AMERICAN PRIVACY AND SURVEILLANCE”, Journal of Criminal Law & Criminology, Spring, 96 J. Crim. L. & Criminology 1059, Lexis

5. The Foreign Intelligence Surveillance Act

As the extent of the domestic surveillance operations emerged, Congress attempted to scale back the Executive's power while leaving some flexibility to address national security threats. n183 The legislature focused on the targets of surveillance, limiting a new law to foreign powers, and agents of foreign powers - which included groups "engaged in international terrorism or activities in preparation therefor." n184 Congress distinguished between U.S. and non-U.S. persons, creating tougher standards for the former. n185 ¶ [FOOTNOTE]¶ n185. The former included citizens and resident aliens, as well incorporated entities and unincorporated associations with a substantial number of U.S. persons. Non-U.S. persons qualified as an "agent of a foreign power" by virtue of membership - e.g., if they were an officer or employee of a foreign power, or if they participated in an international terrorist organization. Id. 1801(i). U.S. persons had to engage knowingly in the collection of intelligence contrary to U.S. interests, the assumption of false identity for the benefit of a foreign power, and aiding or abetting others to the same. Id. 1801(b).¶ [END FOOTNOTE]¶ The Foreign Intelligence Surveillance Act ("FISA") considered any "acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication," as well as other means of surveillance, such as video, to fall under the new restrictions. n186 Central to the statute's understanding of surveillance was that, by definition, consent had not been given by the target. Otherwise, the individual would have a reasonable expectation of privacy and, under ordinary circumstances, the Fourth Amendment would require a warrant. n187

B. Violation – the aff does not curtail surveillance of U.S. persons; it eliminates the surveillance of foreign targets by the U.S.

C. Standards –

1. Limits – they expand the topic to allow all foreign spying and espionage affirmatives to fit under the resolution. This adds a substantial amount of new literature bases and advantages, which kills fairness.

2. Ground – The negative loses links to positions predicated off of the consequences of curtailing surveillance of U.S. persons, which is critical for topic education.

3. Topic Specific Education – the aff minimizes discussion about the government’s surveillance of U.S. persons because its skews the focus towards foreign surveillance. This kills topic innovation.

D. Topicality is a voter for fairness and education

XO 12333

A. Interpretation – the affirmative must CURTAIL domestic surveillance

“Curtail” means to restrict

Webster’s 15 – Webster's New World College Dictionary, 4th Ed., “curtail”, http://www.yourdictionary.com/curtail

verb

To curtail is defined as to restrict something, stop something or deprive of something.

An example of curtail is when a town wants to stop drunk driving.

And, restriction refers only to outright prohibitions, not any action that has the consequence of decreasing surveillance

Caiaccio 94 (Kevin T., “Are Noncompetition Covenants Among Law Partners Against Public Policy?”, Georgia Law Review, Spring, 28 Ga. L. Rev. 807, Lexis)

The Howard court began its analysis by examining the California Business and Professions Code, which expressly permits reasonable restrictive covenants among business partners. 139 The court noted that this provision had long applied to doctors and accountants and concluded that the general language of the statute provided no indication of an exception for lawyers. 140 After reaching this conclusion, however, the court noted that, since it had the authority to promulgate a higher standard for lawyers, the statute alone did not necessarily control, 141 and the court therefore proceeded to examine the California Rules of Professional Conduct. 142 The court avoided the apparent conflict between the business statute and the ethics rule by undertaking a strained reading of the rule. In essence, the court held that the word "restrict" referred only to outright prohibitions, and that a mere "economic consequence" does not equal a prohibition. 143

B. Violation – the affirmative does not mandate an outright prohibition of domestic surveillance under the Patriot Act; it is merely a reformation of the policy.

C. Standards –

1. Limits – allowing small cosmetic changes to existing surveillance policies is infinitely regressive and inflates the research burden for the negative, which kills fairness.

2. Ground – we lose ground to trade-off, terrorism or politics disads because the magnitude of the link will be low in minor modifications of existing policies. This means we lose education about true surveillance restrictions

3. FX-T – The consequences of plan implementation may result in a curtailment of surveillance, but the mandates of the plan do not. FX-T is an independent voter for fairness and education.

D. Topicality is a voter for fairness and education

Psychoanalysis

A. Interpretation – The affirmative must CURTAIL domestic surveillance, not completely eliminate.

Curtail means to reduce or diminish; it does not mean to terminate

Chase 49 – Chase, Circuit Judge on the United States Court of Appeals for the Second Circuit, “UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT”, 12-13, Lexis

When these provisions are read in the light of the background stated and particularly the rejection of express provisions for the power now claimed by the New Haven, it is obviously difficult to accept the New Haven's present view that a complete abandonment of passenger service was not intended. Even the words used point to the decisive and- under the circumstances- clean-cut step. The word 'discontinue' is defined by Webster's New International [**29] Dictionary, 2d Ed. 1939, as meaning ' * * * to put an end to; to cause to cease; to cease using; to give up'- meanings quite other than the connotations implicit in the word 'curtail,' which it defines ' * * * to shorten; abridge; diminish; lessen; reduce.' It goes on to give the meaning of 'discontinue' at law as being 'to abandon or terminate by a discontinuance'- an even more direct interpretation of the critical term. An interesting bit of support from the court itself for this view is found in Art. XI, §. 2(m), of the final Consummation Order and Decree, which reserved jurisdiction in the District Court: 'To consider and act on any question respecting the 'Critical Figures' established by the Plan with respect to the termination by the Reorganized Company of passenger service on the Old Colony Lines.' A 'termination' is quite different from a 'reduction.'

B. Violation – the aff is an outright elimination of domestic surveillance, not a reduction

C. Standards –

1. Limits – the aff unlocks a plethora of new advantage and literature to the topic, which inflates the research burden for the negative and kills fairness.

2. Ground – we lose links to any negative positions predicated off of considerable alterations of status quo surveillance policies, which are critical to the topic because they reflect the consequences of real world decision-making in the name of domestic surveillance.

3. Topic Specific Education – the aff minimizes discussions about government surveillance policies that are currently in place. This dialogue is necessary to facilitate discussions about finding a balance between privacy and security.

D. Topicality is a voter for fairness and education.

Affirmative

Section 702

1. We Meet – the facilitation of surveillance by the government is done within the U.S.

2. Counter Interpretation – Domestic surveillance is surveillance facilitated inside the U.S.

Avilez et al 14 Marie Avilez et al, Carnegie Mellon University December 10, 2014 Ethics, History, and Public Policy Senior Capstone Project Security and Social Dimensions of City Surveillance Policy

http://www.cmu.edu/hss/ehpp/documents/2014-City-Surveillance-Policy.pdf

Domestic surveillance – collection of information about the activities of private individuals/organizations by a government entity within national borders; this can be carried out by federal, state and/or local officials

3. Reasons to Prefer –

1. Limits – the neg overlimits the topic by requiring that BOTH the actor and the targets of surveillance have to be within the U.S. Allowing the surveillance of foreign subjects is critical to topic specific education because it more accurately represents how the government facilitates surveillance.

2. No Ground Loss – they still leverage all generic link ground. Make them prove what specific ground they lose and why they have an inherent right to these arguments before you vote negative on T.

3. Lit checks abuse – Section 702 is one of the most notable surveillance policies in the status quo. This is a debate you should have been prepared for.

4. Defer to reasonability – Competing interpretations are arbitrary and self-serving, which leads to a race to the bottom. If we provide quality evidence that defines our aff as topical then we are reasonably topical.

XO 12333

1. We Meet – The affirmative outright prohibits domestic surveillance by eliminating Section 2.3 sub section i.

2. Counter Interpretation – “Curtail” means to reduce

AHD 14 – American Heritage Dictionary, “curtail”, https://www.ahdictionary.com/word/search.html?q=curtail

tr.v. cur•tailed, cur•tail•ing, cur•tails

To cut short or reduce: We curtailed our conversation when other people entered the room. See Synonyms at shorten.

3. Reasons to prefer –

A. Limits – modifications that eliminate particular mandates in domestic surveillance policies are critical areas under topic because they are integral to understanding the facilitation of surveillance policies in the status quo. Make them prove why a more limiting interpretation is better for this debate.

B. No Ground Loss – our modification is still a reduction of domestic surveillance, which means disad links still apply. Make them prove what specific ground they lose and why they have an inherent right to these arguments before you vote negative on T.

C. We’re not FX-T – removing 2.3i calls for an immediate reduction of incidental data collection. This is NOT a voting issue – make them prove what deficits to fairness and education are present in this debate because of the 1AC before evaluating FX-T.

Psychoanalysis

1. We Meet – the aff decreases domestic surveillance as it exists in the status quo – which serves as a reduction

2. Counter Interpretation - “Curtail” includes both restriction and termination

Hansen 2 – Andrea K. Hansen, “The Alaska National Interest Lands Conservation Act of 1980: How ANILCA's Provisions on Consumptive Uses Affect Backcountry Planning in Alaska National Park Areas”, Journal of Land, Resources, & Environmental Law, 22 J. Land Resources & Envtl. L. 435, Lexis

On the other hand, there is one reference in the legislative history on section 816 stating that "subsistence may not be curtailed merely for reasons of public use and enjoyment... ." n206 The term "curtailed" could be construed as applying to both closures and restrictions. This one reference is insufficient to overcome the examples cited in the previous paragraph, however, since "curtailed" is only one word in one sentence of the legislative history which does not appear in the statute. This single word is not sufficient to overcome the numerous other references in the legislative history to allow only "existing levels" of subsistence, "minimize [user] conflicts," or limit the number of users allowed in a park area.

3.Reasons to Prefer –

A. Topic Education – the aff is a mechanism to reorient the way we view domestic surveillance policies, which is critical for using this topic to make meaningful change. They try to filter our discussion of anxietal predispositions rooted within the resolution by attempting to define what is and what is not good to speak about. This silences a necessary discussion within the topic.

B. Limits – policy debate focus has always served as a way to push discussions of anxiety away from the focal point of the topic. Their limits are self-serving and used to ignore what happens when the self becomes meaningless.

C. No Ground Loss – the aff still endorses an advocacy statement that uses the federal government, which means links to disads still exist. Also, make them outline what specific position they lose and why they reserve an inherent right to read it.

More Definitions

CURTAIL

Curtail can mean to cut off part

Random House 15 Dictionary.com Unabridged Based on the Random House Dictionary, © Random House, Inc. 2015. Cite This Source http://dictionary.reference.com/browse/curtail?s=t

curtail1

[ker-teyl]

verb (used with object)

1. to cut short; cut off a part of; abridge; reduce; diminish.

Curtail means reduce or limit

Curtail verb cur·tail \(ˌ)kər-ˈtāl\

: to reduce or limit (something)

Full Definition of CURTAIL

transitive verb

: to make less by or as if by cutting off or away some part <curtail the power of the executive branch> <curtail inflation>

3. Curtail can mean stop entirely

4. Vocabulary,com 15 2015 Vocabulary.com http://www.vocabulary.com/dictionary/curtail

5. curtail

6. To curtail something is to slow it down, put restrictions on it, or stop it entirely. If I give up cake, I am curtailing my cake-eating.

7. Curtail is an official-sounding word for stopping or slowing things down. The police try to curtail crime — they want there to be less crime in the world. A company may want to curtail their employees' computer time, so they spend more time working and less time goofing around. Teachers try to curtail whispering and note-passing in class. When something is curtailed, it's either stopped entirely or stopped quite a bit — it's cut short.

Curtail can mean halt or stopBurton's 7 Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc. http://legal-dictionary.thefreedictionary.com/curtail

curtail verb abate, abbreviate, abridge, clip, coartare, cut, cut down, cut short, decrease, diminish, halt, lessen, lop, make smaller, minuere, pare, pare down, retrench, shorten, subtract, trim See also: abate, abridge, allay, arrest, attenuate, bowdlerize, commute, condense, decrease, diminish, discount, lessen, minimize, palliate, reduce, restrain, retrench, stop