Your second paper will focus on the theory of administrative law. As you reflect on the topics the course has covered a major theme has been in constant focus: the balance between individual rights against governmental power and efficiency. For this paper I will ask you to consider whether the proper balance has been struck. I would like to look anew at the Administrative Procedures Act. Should the APA be amended? If so how? What modern court decisions helped you reach the conclusion that the proper balance has or has not been struck? As part of your analysis, and to help focus your thoughts, I would like you to consider the issue concerning the assistance that major telecommunications companies provided to the National Security Agency which included collecting information on Americans’ phone calls and emails. See e.g. https://time.com/3999527/att-nsa-spying/. As a result, do the mechanisms for accountability sufficiently protect the rights of individuals or do they impose unacceptable hurdles that interfere with agency action? Does the agency have too much discretion or not enough? Are the due process concerns and other constitutional limitations providing sufficient safeguards in light of the changing threats we face or are privacy concerns overplayed? Conversely unlike AT&T, what do you think of the most recent changes being made by Apple to its Operating System as to regard to child trafficking etc. See https://www.manhattanda.org/written-testimony-for-the-united-states-senate-committee-on-the-judiciary-on-smartphone-encryption-and-public-safety for an analysis by the District Attorney of Manhattan and a recent NYT article https://www.nytimes.com/2021/08/05/technology/apple-iphones-privacy.html. Should the government have more oversight, is there the correct amount, or less? Your paper should be more than just an expression of opinion, but supported by the original goals of the APA, public policy as expressed in statutes, regulations and court cases, and practical Also, you must be sure to integrate the topics covered throughout the course. Your paper is limited to fifteen (15) pages double spaced in size 12 Times New Roman font with 1 inch margins on all sides and page numbers in the middle of the bottom margin. Footnotes can be size 10 font and single spaced with all the other same limitations. Your cover page and any attachments do not count towards the page limit. You may provide appendices for any resources or studies you feel should be included.
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