1984 Is Not Behind Us

There’s something screwy about it. The United States government has collected this enormous amount of information about whom we’ve called, how long we’ve talked; it also has connections to the largest servers in the country, and so it knows—minimally—who we’ve emailed. And if the government has access to servers, it seems logical to me that it can also monitor Internet use.

We cannot have, says Obama, 100% safety and 100% security: there has to be a trade-off. And he says that these programs have thwarted terrorist attacks in the past. What he doesn’t say is what attacks, and how the information helped identify the threat.

And according to at least one guy, Shane Harris, this kind of data mining is really only useful when you have a specific lead. And where do those leads come from? Here’s Harris on the subject:

Those leads tend to come from more pedestrian investigative techniques, such as interviews and interrogations of detainees, or follow-ups on lists of phone numbers or e-mail addresses found in terrorists' laptops. That shoe-leather detective work is how the United States has tracked down so many terrorists. In fact, it's exactly how we found Osama bin Laden.

So we have an enormous pile of data, and yet we’re still relying on tips, interrogations, or information found on terrorists’ laptops. Why collect all this information? Couldn’t the government get a court order when needed?

It’s also a little screwy that the government, with all this data on its hands, was unable to prevent a couple Boston kids from making bombs, killing several people, maiming scores more, and shutting down a major American city for a day. The Russians had told the FBI—watch out for this guy. That said, why wasn’t the government looking at all Tamerlan Tsarnaev’s Internet usage, which presumably is where he was “radicalized” and / or where he learned to make the bombs?

I also understand that the last thing Obama wants is to have a terrorist attack on his watch. And God knows, I would have continued the program, too—what president wouldn’t? But the real question is whether a president, with the help of Congress and the Supreme Court, should be making these decisions.

And let’s be honest, if given the power, the government will use it. But is it legal, collecting all this data? Well, here’s what James Sensenbrenner wrote in the Guardian last Saturday:

In his press conference on Friday, President Obama described the massive collection of phone and digital records as "two programs that were originally authorized by Congress, have been repeatedly authorized by Congress". But Congress has never specifically authorized these programs, and the Patriot Act was never intended to allow the daily spying the Obama administration is conducting.

To obtain a business records order like the one the administration obtained, the Patriot Act requires the government to prove to a special federal court, known as a Fisa court, that it is complying with specific guidelines set by the attorney general and that the information sought is relevant to an authorized investigation. Intentionally targeting US citizens is prohibited.

The point should also be made—how do you get the genie back in the bottle? We have invested billions to obtain the technology to spy on our citizens. Is it likely that the government will walk away and leave it rusting there?

We went nutso after September 11. But actually, our freedoms had been eroding for years before. Am I the only person in the US who thinks that being asked to pee into a plastic cup in order to get a job stocking cereal in Wal-Mart is an unjustified invasion of privacy? And why is it that I am photographed countless times a day, sometimes without my knowledge? Since when did walking out onto the street mean implied consent?

“If you’re not doing anything wrong,” goes the line. Yeah? What if a major al-Qaeda figure dials my phone number by mistake? What if he emails the wrong person? Or what if my vengeful ex-wife, working away for our homeland security, decides to tap into the system, read my emails, and then start stalking my girlfriend?

Even if I trust this president not to misuse the information, will I trust the next one? Oh, and by the way, what if I write the sentence, “It is completely untrue and without basis that I want to kill Obama?” Will that ring alarms bells for Homeland Security? Am I to expect a knock on the door shortly?

The guy who leaked the information is 29, and though making a pot of money, wasn’t particularly high up in the hierarchy. He’s intelligent and speaks well; I believe him when he says that his intention was to force the issue onto the national stage.

Guess what.

He has.