The constitution is without a doubt a remarkable piece of legislation, which was eons ahead of its time. But regardless of its remarkability and longevity, there are scores of important areas and factors that the US constitution fails for account for.
In a modern world, where internet is being actively used as a medium for war, terrorism and even economic terrorism, the US constitution has no particular say over how, if at all, the internet should be regulated in order to protect the country’s interests while at the same time not violating American citizen’s first amendment rights. US government’s actions to conduct surveillance on its citizens, which were recently exposed by a whistle-blower, raised concerns about how far has the government has become from the core directions of the constitution.
The constitution is supposed to the source from which the federal government of United States derives the authority to take actions in order to protect and safeguard the country. But when the US government neglects basic instructions of the constitution and violates the civil liberties, one is compelled to ask the question that where does the US government derive the sweeping authority that it now commands? It is no secret that lately the United States Government has been working or rather following the whims of those who hold power, or the ones who hold the strings of those who are in power i.e. the corporate lobbyist owned by the companies that are supposedly “too big to fail”.
It is not that there is a lack of US laws or regulatory bodies that are equipped to handle with threats to the national and internal security, but the problem is: there are too many Acts and bodies which extend their power over the cyberspace. Too many cooks spoil the broth, and that is what has happened. The lack of one clear policy about cyber threats has led to confusion and more than often has forced the government to stray from the constitution in order to stay ahead of all threats. If a constitution amendment regarding cyberspace were to be passed, that would solve all confusion and also provide the government to act without violating the civil liberties protected by the first amendment.
It seems like a daunting task but adding specific amendments that deal with cybercrime and terrorism to the constitution is a more graceful way for the US government to conduct its business rather than straying away from the constitution. This will not only provide the US government with constitutional authority to take actions to curb terrorism and cybercrime but also decrease the influence of cooperate lobbyists. Because as long as the government derives its authority from the constitution alone, no other body can influence it to its own advantage.
Not only that, such amendments will help the US government regain trust of the American people that was lost after the revelations made by an ex-NSA contractor that the US govt. was conducting surveillance on its own citizens. Actions taken in public, with constitutional backing will assure that the US government operates within the authority bestowed upon it by the constitution, and will also earn the government the trust and respect of the common Americans.