April 2, 2014

Sunlight Slays Secret Snooping

Testifying before the House Judiciary Committee last July, Deputy Attorney General James Cole explained why the National Security Agency (NSA) needed to collect everyone’s telephone records. “If you’re looking for the needle in the haystack,” he said, “you have to have the entire haystack to look through.” Judging from the changes that President Obama recommended last week, he has decided that looking for a needle in a haystack might not be the smartest way to prevent terrorist attacks. Obama’s decision to eliminate the NSA database he once defended as essential to national security shows how important transparency is in protecting civil liberties, because he thought everything was fine as long as it was secret.

Testifying before the House Judiciary Committee last July, Deputy Attorney General James Cole explained why the National Security Agency (NSA) needed to collect everyone’s telephone records. “If you’re looking for the needle in the haystack,” he said, “you have to have the entire haystack to look through.”

Judging from the changes that President Obama recommended last week, he has decided that looking for a needle in a haystack might not be the smartest way to prevent terrorist attacks. Obama’s decision to eliminate the NSA database he once defended as essential to national security shows how important transparency is in protecting civil liberties, because he thought everything was fine as long as it was secret.

Under Obama’s proposal, information about who calls whom, when and for how long will be retained by the phone companies, not the NSA. It will be preserved for the usual 18 months, as opposed to the five years of data held by the NSA. To obtain information about a particular number, the government will need a specific court order based on reasonable, articulable suspicion that the number is associated with a terrorist or a terrorist organization, rather than a blanket order covering all phone records.

“I am confident that this approach can provide our intelligence and law enforcement professionals the information they need to keep us safe, while addressing the legitimate privacy concerns that have been raised,” Obama said last Thursday. Yet none of these reforms would have happened if former NSA contractor Edward Snowden had not revealed the existence of the phone record program, a public service that Obama views as a crime.

Even after news reports based on Snowden’s leaks appeared last June, Obama described the NSA’s snooping as “modest encroachments on privacy” that “help us prevent terrorist attacks.” He claimed all three branches of government had approved the phone record database, because he thought it was OK, judges had secretly signed off on it and several members of Congress had been briefed.

In short, there was no need to be concerned. “We have established a process and a procedure that the American people should feel comfortable about,” Obama said on June 7.

Polling data from the Pew Research Center suggest the effect of the president’s assurances was the opposite of what he intended. By January, when Obama said he had been persuaded that the process and procedure governing the NSA’s access to our personal information could use some improvement after all, 53 percent of Americans were against the phone record database.

It did not help that the administration could not cite a single case in which the database had been crucial in thwarting a terrorist plot. Or that the legal justification for the program, based on the premise that all phone records can be deemed “relevant” to a terrorism investigation under Section 215 of the PATRIOT Act, seemed like a big stretch, even to the guy who wrote the PATRIOT Act.

At the same hearing where Cole insisted that the government needs all of our hay in one place, Rep. James Sensenbrenner, R-Wis., the PATRIOT Act’s main author, warned that Congress would not extend Section 215, which is scheduled to expire next year, “unless you realize you’ve got a problem.” Two weeks later, Sensenbrenner joined 204 of his colleagues – 93 Republicans and 111 Democrats – in voting for an amendment aimed at cutting off funding for the phone record program. Although leaders of both parties opposed the measure, it failed by just a dozen votes, and several Democrats who voted no reportedly had strong reservations.

The amendment’s supporters realized that the information dismissed as “just metadata” by Senate Intelligence Committee Chairwoman Dianne Feinstein, D-Calif., can be highly revealing, amounting to “a federal human relations database,” as Sen. Ron Wyden, D-Ore., puts it. Despite Obama’s claim that Congress had no objection to the NSA’s haystack, legislators rebelled at the idea that their personal information could be treated like so much straw.

COPYRIGHT 2014 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.