Just over one month after repeated assurances from the government that the NSA’s data-collection program wasn’t anything like what we thought it was, we’re now finding out that they were right. It’s worse.
A review of some recent headlines:
“NSA ‘dragnet’ wider than previously suspected” – NBC News
“Report: NSA Searches and Stores Americans’ Emails” – Mashable.com
“The NSA is giving your phone records to the DEA. And the DEA is covering it up” – Washington Post
“White House: NSA monitors ‘very small percentage’ of Web traffic” – The Hill
“US directs agents to cover up program used to investigate Americans” – Reuters
“Other Agencies Clamor for Data NSA Compiles” – New York Times
“FBI pressures Internet providers to install surveillance software” – CNET
“IRS manual instructed agents how to hide secret DEA/NSA intel” – Reuters
Despite the fact that when the scandal first broke, the government claimed that it was just harvesting “meta data” – supposedly just the same records that your phone company has – we now learn what most people suspected: that they are indeed collecting emails, texts, Internet search and social media data, along with some content. Further, the snooping isn’t limited to communications from terrorist suspects outside the US, but covers those between regular people right here in the good ol’ US of A.
We were told that this was exclusively about stopping terrorists, but now we find out that the NSA has been sharing its notes with the DEA to assist in its investigations too. Worse, the DEA is hiding the use of that information from judges and prosecutors; meaning there’s no legitimate oversight of their criminal surveillance practices, making it harder for defendants to challenge the evidence against them.
Now before you shrug this off as not being your problem, (hey, it’s drug dealers!), read further.
According to a New York Times report last week, other government agencies have been looking to get their hands in the NSA’s treasure chest too, in order to “curb drug trafficking, cyber-attacks, money laundering, counterfeiting and even copyright infringement”.
Still not close enough to home? A Reuters report found that the IRS had also been receiving NSA intelligence by way of the DEA connection. You’ve dealt with the IRS before, haven’t you? Remember, those are the guys whose leadership and staffers have been found to deliberately target certain Americans based on their political beliefs.
The other reason these agencies want access to the NSA’s data is that any warrants they get for their own investigations have to be specific, whereas the NSA obtains its vast data through secret, generalized warrants. It’s just easier not to follow the rules.
What we have now with the NSA is an agency that is taking advantage of the legitimate need Americans see in spying on our enemies to build a vast infrastructure that is now being directed at us, even if just incrementally. But as long as such an infrastructure exists, it WILL be used for things that neither Congress nor the American people ever intended.
It is metastasizing into less of an intelligence agency and more of an intelligence warehouse that is subject to being accessed by other government agencies whose missions would never allow them to conduct this type of spying on Americans.
If you build it, they will come.
Meanwhile, some politicians on both sides of the aisle act as though there’s nothing to see here. Liberals who manage to find a right to an abortion hiding in the Fourth Amendment don’t seem to know the meaning of the right of Americans to “be secure in their persons, houses, papers and effects”. And some “conservatives” have forgotten that one of the defining aspects of real conservatism is a very healthy dose of skepticism and distrust of government.
But the politics here is clearly on the side of liberty. Sixty-nine percent of Americans believe that this is a real scandal that needs to be taken seriously, despite Obama’s lumping it into what he recently referred to as “phony scandals”. Most people think it’s a pretty big deal.
It is now possible to construct a government that could legally snoop on the content of every conversation we have, know everywhere we go, when and with whom, (via cell phone location data and closed circuit cameras), every dollar we spend, when, where and on what – and record every bit of it. And that information would most certainly enable the government to catch a lot of bad guys and save a lot of lives, but would that make it worth the costs?
Once we decide that we are willing to give up “x” in exchange for more security, we’ll soon hear from the “If it would save a single life” crowd telling us that we should also be willing to give up “y”, and then “z”, etc..
As Ben Franklin put it, “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety”.
We’re on a slippery slope.
Time for a National Conversation on Liberty
But if information is power and, as Lord Acton put it, “power corrupts”, we need to think very carefully about the power that we are handing over to government without demanding a national conversation on liberty.
It should be a conversation with Americans making informed decisions about what’s important to them, not secret edicts by politicians and bureaucrats who are quick to create systems that grow out of control and prove impossible to stop once in motion.
Each day seems to bring new stories of abuse.
A Washington Post report detailed how the government has secretly been paying tens of millions of dollars to tech and internet companies to underwrite the ability of the government to use these services to spy on everyone – not just terrorists.
The Wall Street Journal reported that employees and contractors of the NSA have been found to use the agency’s capabilities to spy on their own potential “love interests” and former spouses. Call if cyber-stalking on steroids. And just a week ago we found out that the government’s own secret reports document that the NSA had broken privacy rules nearly three-thousand times in the last year alone.
A recent CNET story details how the FBI has developed new custom “port reader” software that it is trying to force all Internet service providers to install in order to give them access to Internet data in real time. (Who needs the NSA when you can wiretap the whole Internet yourself?)
To add insult to injury, the administration is petitioning the Supreme Court to review a case that could give government the right to search your mobile phone without a warrant. When you consider that most mobile phones are now linked to the same data and applications of the average computer, the government’s ability to go through it without a warrant is effectively no different than being able to walk into someone’s home or office and go through their computer files at will.
This isn’t what our Founding Fathers had in mind when they wrote the Fourth Amendment’s language about being “secure in their persons, houses, papers and effects”.
As a result of the growing scandal, Obama has done what folks in Washington usually do when they want to defuse a political problem: appoint a committee. The new panel is comprised of leaders from the intelligence community as well as White House staffers, and will take a look at how the NSA spies on Americans and then let us know if there is anything to be worked up about. Fox, meet hen-house.
Of course all of these new revelations come several weeks after a coalition of conservative Republicans and liberal Democrats in the US House came within twelve votes of passing a resolution to prohibit the NSA’s collection of “bulk data” on Americans unless they were under suspicion of terrorism.
Clearly it’s time for another vote on the subject.
Why is it illegal for the CIA to operate domestically (a wise precaution), but not for the NSA to spy on Americans domestically and share that information with other government agencies? And who’s to say these programs can’t be focused on something other than potential lovers and be used for blackmail, or to spy out financial secrets and make big bets in the markets? The list of potential abuses is endless.
There needs to be someone in this process whose job is to protect the privacy and liberty of the very people who are paying the tab. Some sort of congressionally appointed special counsel who can review all activities, report to Congress and even prosecute abuses. The current “trust us” arrangement doesn’t cut it.
Whatever reforms and restrictions are put in place need to be imaginative and lay down clear principles that apply no matter what the technology of the day may be. To set out in certain terms that it is illegal for any agency of our government to spy on us (individually or collectively) or to collect personal information on Americans without their consent or a specific, individualized warrant from a judge – which was the exact intent of the Fourth Amendment.
Anything less is not only an invitation but an admission that this is exactly what will happen.
It’s time that we start having that national conversation.