The
Very Real Threat Posed by the NSA
By Gene
Healy
As a Senate candidate in 2003, Barack Obama called the PATRIOT Act "shoddy and dangerous." Once safely in power, Obama started demonstrating his remarkable capacity for "growing in office" -- expanding federal powers while piously moralizing about their potential abuse.
As a Senate candidate in 2003, Barack Obama called the PATRIOT Act "shoddy and dangerous." Once safely in power, Obama started demonstrating his remarkable capacity for "growing in office" -- expanding federal powers while piously moralizing about their potential abuse.
As a senator, he
voted to reauthorize the surveillance law in 2006; and as president, signed
another PATRIOT renewal from Europe via presidential autopen in 2011.
Sen. Ron Wyden
(D-Ore.) has long warned of a "secret PATRIOT Act" -- a classified
interpretation of the law that allows the administration to undertake massive
data collection on American citizens.
Last week, we got
a glimpse of what he meant, when a National Security Agency contractor revealed
that the agency has assembled a database of at least seven years' worth of
Verizon customers' call records -- a practice that apparently extends to other
carriers.
"Nobody is
listening to your calls," the peevish president said last week; they're
"sifting through this so-called metadata," trying to identify
potential leads.
About that
"metadata": It allows the government secretly to track who a target
communicates with and where he's physically located. That knowledge can be used
to unearth who's leaking to reporters, when and where political opponents are
meeting -- even who's sleeping with whom.
The NSA's massive
call-records database is thus a potential treasure trove for bad-faith
political actors -- it can be used to ferret out the sort of information that
governments have historically used to blackmail and control dissenters.
We needn't resort
to hyperbolic examples like the East German Stasi to understand the dangers
here -- there's a relevant comparison much closer to home. A series of
congressional investigations in the 1970s taught Americans shocking lessons
about Cold War-era surveillance abuses.
In 1974, the House
Judiciary Committee tasked Deputy Attorney General Laurence Silberman with
reviewing former FBI Director J. Edgar Hoover's secret files.
Silberman was
revolted by what he found: Hoover had let the bureau "be used by
presidents for nakedly political purposes" and engaged in "subtle
blackmail to ensure his and the bureau's power."
In his book
"The Secrets of the FBI," Ronald Kessler quotes one of the FBI
director's former top lieutenants: "The moment [Hoover] would get
something on a senator," he'd send an emissary to the Hill to "advise
the senator that 'we're in the course of an investigation, and we by chance
happened to come up with this data on your daughter. ... Well, Jesus, what does
that tell the senator? From that time on, the senator's right in his
pocket."
Another
congressional investigation by Sen. Frank Church's Select Committee on
Intelligence showed massive privacy violations by the NSA.
Under
"Project Minaret," from the early 1960s until 1973, the NSA compiled
watch lists of potentially subversive Americans, monitored their overseas calls
and telegrams, sharing the results with other federal agencies.
Watch-listed
Americans "ranged from members of radical political groups, to
celebrities, to ordinary citizens involved in protests." Under Project
Shamrock, the NSA collected all telegraphic data entering or leaving the United
States, "probably the largest government interception program affecting
Americans ever undertaken."
In 1976, Church
warned that the NSA's technological prowess "at any time could be turned
around on the American people ... such is the capability to monitor everything
-- telephone conversations, telegrams, it doesn't matter. There would be no
place to hide."
Given the state of
technology at the time, Church's anxiety seems almost quaint: telegrams? In the
surveillance state's infancy, domestic spying was a comparatively low-tech
affair; today, with the federal government er, Hoovering up transactional data
on millions of Americans, the possibilities are staggering, as is the potential
for abuse.
We shouldn't be
too sure it "can't happen here" -- after all, it already did.
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