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NSA Director, Congress and Monitoring

Thanks to Bruce Schneier for pointing out the testimony from NSA Director Michael Hayden, in which he talks about how the NSA worked pre-9/11 and post. And, as Bruce pointed out "...[he] tells Congress that they can best help him by going back to their constituents and finding out where the public wants to draw the line between liberty and safety."

39 of 531 comments (clear)

  1. Timing is everything by SirSlud · · Score: 5, Insightful

    > where the public wants to draw the line between liberty and safety

    Just dont ask me after a traumatizing event. I might say some things I regret down the road.

    --
    "Old man yells at systemd"
    1. Re:Timing is everything by pixelpusher220 · · Score: 5, Insightful

      >> where the public wants to draw the line between liberty and safety

      >Just dont ask me after a traumatizing event. I might say some things I regret down the road.


      agreed, but the breath of fresh air I'm seeing is that the NSA is actually 'asking' where to draw the line.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    2. Re:Timing is everything by JanneM · · Score: 5, Insightful

      True. And that's why any agency, of whatever stripe and in whatever country, should ask this not just once, but repeatedly, constantly getting feedback on where their _real_ taskmasters (ie. we) feel the line should be drawn. The role of the politicians are twofold: interpret and explain the issues as construed by these agencies to the public, and in turn interpret and present the meaning of the responses to the agency policymakers. This, by the way, really is the true role of politicains for any other issue as well.

      And before people fly off the handle, the truth is that most politicians and most government authorities really do want what is best for the public; the problem is far more often one of execution, ability or knowledge, rather than deliberate and wanton disregard for the public in favour of special interests. Of course, it's the really bad apples that naturally grab the headlines, while those basically doing a decent job are rarely mentioned.

      --
      Trust the Computer. The Computer is your friend.
    3. Re:Timing is everything by Auckerman · · Score: 5, Insightful
      "While I agree with basic sentiment, the problem is that action is required now."


      Why? I see no reason. The FBI's success rate at stopping Islamic terrorists up till 9/11 was pretty commendable. They slip up once, and all of a sudden it's a green light to let the Federal Govt do what it pleases. I don't buy. Can things be improved, perhaps, but there is only so much one can do about "security" when billions of dollars couldn't put a dent in the drug trade.

      Quite frankly, I'm not willing to one iota of freedom for the illusion of security. If my mind is not free, I will NEVER be secure.

      --

      Burn Hollywood Burn
    4. Re:Timing is everything by Guppy06 · · Score: 4, Insightful

      "While I agree with basic sentiment, the problem is that action is required now."

      Um... no. If you do nothing but demand "action," you get nothing but silly knee-jerk bills like the USA PATRIOT Act. You get what you ask for.

      What really needs to be done is better enforcement of existing laws. The 9/11 terrorists got into the county with what are shining examples of faulty visa applications. They shouldn't have been in the country to begin with!

      They attack, thousands die, thousands more just like you scream for "action," and all sorts of new laws get passed to make us "safer."

      Less than a month after the creation of our "new, safer America," a homicidal Jamaican teenager gets in on an equally lousy visa application (faulty by the old standards as well as the "newer, better" ones) and participates in a shooting spree throughout the DC metropolitan area.

      How much more "action" are you going to demand until you start demanding the correct action?

  2. I'd have thought by myowntrueself · · Score: 5, Interesting

    that the average American would want the line between liberty and safety drawn right at the national borders of the USA.

    Ie the rest of the world is unsafe and the USA has liberty.

    --
    In the free world the media isn't government run; the government is media run.
    1. Re:I'd have thought by mr_z_beeblebrox · · Score: 4, Insightful

      Ie the rest of the world is unsafe and the USA has liberty.

      Isolationism will bring even less security. We begin to ignore what other countries are doing etc.... They have a larger excuse for their hatred and a larger window of opportunity to plan things unnnoticed.

    2. Re:I'd have thought by Iguanaphobic · · Score: 4, Funny

      Isolationism will bring even less security. We begin to ignore what other countries are doing etc.... They have a larger excuse for their hatred and a larger window of opportunity to plan things unnnoticed.

      Invade. Create new states, appoint governers and rule with an iron fist. The emperor will be pleased.

      --
      Fascism should more properly be called corporatism, since it is the merger of state and corporate power.
    3. Re:I'd have thought by mr_z_beeblebrox · · Score: 4, Insightful

      Actually, I think a lot of people are mad *because* we intervene too much. We do political jiggering in the Middle East (keeping non-Democratic governments in power in the process) just so we can have oil.

      This is a very common American mindset,"If we are not isolationists, then we must be interventionists". We need to realize that their is more than a right and a left there is a middle ground. As someone who lived in foreign countries I will tell you that yes intervention was scorned but aid was not. Aid can influence when it is not forced to, Also, there are other forms of involvement. Were we "just minding our business" by not attending any of the major environmental treaties of late? Would the world have seen us as "intervening too much" to sign on in Tokyo? We need to take a role in stewardship of the international environment (seas, polar landscapes etc....) and stop only influencing what directly influences Wall Street. That is really partly what your point was, I just wanted to add mine to it.

  3. Maximum Liberty by bareman · · Score: 5, Insightful

    Counting on the government for saftey is like counting on them to spend your tax dollars wisely.

    I choose Maximum Liberty. Please draw the line there.

    1. Re:Maximum Liberty by mr_z_beeblebrox · · Score: 5, Interesting

      I choose Maximum Liberty. Please draw the line there.

      As a former paratrooper I thank you kindly. Many americans (military and civilian) traded their safety and even their lives for our continued freedom. The war on terrorism promotes the heroism of cowardice "I boldly tell the FBI what my neighbor says in confidence....because I am scared of the roughly couple dozen Al Qaeda reps that the President says MIGHT be in our country." That is a sad, sad statement.

  4. Then we have a job to do... by TWX_the_Linux_Zealot · · Score: 5, Insightful

    Write to your senators. Write to your representative. Hell, write to your governors and state legislatures, just make it clear that you're not in favour of further restrictions on our rights.

    Senators can be found here:

    U.S. Senate Home

    Representatives can be found here:

    Representative Member Directory

    If you do this, you have some form of say in our government, or at least a chance at influence. Don't waste it.

    --

    IBM had PL/1, with syntax worse than JOSS,
    And everywhere the language went, it was a total loss...
  5. Staying unsafe... by bhsx · · Score: 5, Insightful

    With millions of cargo shipments coming in and thousands of planes in the air daily there's no way to secure it. The plans we've come up with seem similar to Microsoft's plans for 'Security'... i.e. The US governement seems to be securing their position rather than securing the people. I'd rather live in fear of terrorism than fear of the US government, something that's becoming more fearful everyday.

    --
    put the what in the where?
  6. Plan for Freedom and Security by Anonymous Coward · · Score: 4, Insightful

    1 Eliminate civil liberties making security

    2

    3 FREEDOM! :)

    1. Re:Plan for Freedom and Security by rppp01 · · Score: 5, Insightful

      Someone MOD this up, please.

      It is very insightful. It does indeed show the mindset of the US Government these days. Let's take away the right to do this, and we'll be free of that. It is like gun laws. Whether or not we have gun laws, those who want to use a gun will get one and use it. Example: see sniper.

      --
      They stuck me in an institution, said it was the only solution, to...protect me from the enemy, myself
  7. Not good enough by s20451 · · Score: 5, Insightful

    [he] tells Congress that they can best help him by going back to their constituents and finding out where the public wants to draw the line between liberty and safety

    This is not good enough. Because liberty is a more abstract concept than security, people tend to choose security on the principle that only criminals have something to hide ... until their liberty is eroded to the extent that it causes them problems, by which time it is too late to go back.

    --
    Toronto-area transit rider? Rate your ride.
  8. Freedom by Henry+V+.009 · · Score: 4, Insightful

    Governments all around the world have been using the horrible events of September 11th to take away the rights guaranteed their citizens. It is not true, though, that giving up our rights actually makes us more secure.

    Every time someone looks at the United States and wrongly believes that we live under a despotic and evil government, the world becomes a bit more dangerous for Americans. The sort of person who thinks that the United States is a horrible place is far more likely to be supportive to the insanity of radical-Islamist terrorism.

    On the other hand, every time someone looks to the United States and envies our elections, our freedoms, our optimism, that is a victory in the war on terrorism. And with enough victories like that, I think that the world can truly become a safer place.

  9. You had your chance to send a real message... by Smallest · · Score: 5, Insightful

    ... on Tuesday.

    Apparently, though, the US is just fine with (even welcoming and asking for more of) the kind of government that would pass USAPATRIOT.

    Be careful what you wish for, USACITIZEN.

    -c

    --
    I have discovered a truly remarkable proof which this margin is too small to contain.
    1. Re:You had your chance to send a real message... by Bartab · · Score: 4, Insightful

      Waitsec, didn't USAPATRIOT pass a Democratic controlled Senate?

      You're talking about the difference between somebody who's going to take away my rights -and- my wallet, and somebody who's just going to take away my rights. Shitty choice, but it's obvious who to choose.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
  10. Why can't we have both? by Omega · · Score: 5, Interesting
    Why does the NSA have to ask for a line between safety and liberty? Why can't we have both?

    I know that violating people's civil liberties including taking away their right to speech, privacy and due process makes it easier for law enforcement, but aside from being unconstitutional, it's also bad policework.

    If you racially profile your suspects, then the Timothy McVeighs slip through. If you tap everyone's phone, then you become bogged down in terabytes of data -- most of which is useless. If you suppress the speech of the hate mongers and racists, then you don't know who is a hate monger or racist.

    Civil liberties aren't just respectful of constitutional and human rights, they also help law enforcement do their job right. So don't ask for a line to be drawn. Try playing by the rules instead.

    1. Re:Why can't we have both? by mesocyclone · · Score: 5, Insightful

      Why does the NSA have to ask for a line between safety and liberty? Why can't we have both

      The NSA isn't asking you to choose one or the other. It is asking how much liberty do you wish to sacrifice in order to gain how much safety.

      And contrary to the rest of your post, there is *always* that tradeoff in the real world.


      I know that violating people's civil liberties including taking away their right to speech, privacy and due process makes it easier for law enforcement, but aside from being unconstitutional, it's also bad policework.


      Wait... it makes it easier to do their job, so it is bad policework? That doesn't follow.

      If you racially profile your suspects, then the Timothy McVeighs slip through.

      Nonsense. If you racially profile, you enhance your odds of catching criminals. There is a reason that every BOLO I have ever heard (and I have heard a lot of them) list the race of the suspect. And in terms of a more general profile, where you don't exactly know the suspect, it still makes sense. Not racially profiling is like making a spam filter that ignores certain words because it is politically incorrect to do so.

      In other words, it is a dumb strategy from a law enforcement viewpoint.

      If you tap everyone's phone, then you become bogged down in terabytes of data -- most of which is useless. If you suppress the speech of the hate mongers and racists, then you don't know who is a hate monger or racist.

      Civil liberties aren't just respectful of constitutional and human rights, they also help law enforcement do their job right. So don't ask for a line to be drawn. Try playing by the rules instead.

      This is utter balderdash. Civil liberties in general impede law inforcement. Otherwise, we wouldn't need to enforce civil liberties against law enforcement, because they would have no desire or need to violate them.

      The important issue, which at least the head of the NSA understands (unlike some posters here) is which civil liberties does one reduce (not eliminate) in trade for what sort of protection. This is a valid question. In fact, it is the fundamental question of all government: what freedoms do you take from your citizens in trade for what benefits do you give them?

      After all, government ONLY works by removing liberties. This is something that those who favor big government should keep in mind. It isn't only safety that people trade for liberty; they are also all to willing to trade economic freedoms (typically the economic freedoms of others) for their own economic gain (or the economic gain of others).

      Government is necessary in the real world. Government only works by removing liberties. The US government is contrained in its removal of liberties by a constitution, although the interpretation of that constitution is a matter of constant controversy.

      Therefore the only interesting issue is how much the government can and should infringe on liberties. Anything else ignores reality.

      --

      The only good weather is bad weather.

    2. Re:Why can't we have both? by nosilA · · Score: 5, Insightful

      Nonsense. If you racially profile, you enhance your odds of catching criminals.

      No, you don't. I hate to beat the sniper drum because people are making such a big deal out of it, but it is true that the snipers were observed near the scene of several of the shootings by the police, but not noticed because the police were on the lookout for white separatists, and black muslims don't fit that profile.

      Had no such profiling been done and they had instead simply compared license plates or people, they may have caught on to them earlier. Or maybe not, but clearly having the contrary profile in that case did not make their job any easier.

      -Alison

  11. the question is.. by MoceanWorker · · Score: 4, Interesting

    CAN we draw a line distinguishing safety and liberty?

    Through liberty.. there will always be safety.. in the sense that.. someone (the government) will always control our liberty.. and at the same time a government will do all it can to protect its country, even if it includes hindering our liberty.

    If one were to go around chanting anti-american remarks and burning the flag, by the Constitutional law.. they have every right to do that, but our government will see it as a threat and most likely arrest the individual.

    Unfortunately, freedom and safety are both two very strenuous issues when being discussed together, but as far as "the line" goes.. I personally don't think a line can be drawn..

    --


    "The ones who dont do anything are always the ones who try to pull you down" -- Henry Rollins
  12. Well... by Loki_1929 · · Score: 5, Funny

    ""...[he] tells Congress that they can best help him by going back to their constituents and finding out where the public wants to draw the line between liberty and safety." "

    Why don't you just intercept their constituents' phone calls, email, web traffic, faxes, pages, and all other forms of electronic communications, and then you'll know exactly what they want.

    Oh.. wait..

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  13. I drew the line a long tma ago.... by haplo21112 · · Score: 5, Interesting

    They crossed it about 5 minutes later when the Patriot Act passed. And don't kid yourselves, it has been said the patriot act is supposed to be somewhat limited and a temp measure....Yeah Right a Temp measure like the Federal Income Tax was supposed to be when it passed...

    Honestly I scared...of all of the things going on...Homeland Security is a term that scares the hell out of me....

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  14. Re:don't believe it by GoofyBoy · · Score: 5, Insightful

    these people are not elected, so they have no incentive to protect your rights.

    Realisticly, do the people whom are elected do have a overwheming incentive to protect our rights?

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  15. Ironic, since we just had an election... by TrollBridge · · Score: 5, Interesting
    Not to troll (as I know the name implies) but why is everyone here whining about the restrictions on our freedom that our legislators are imposing on us, when most of you (Americans, anyway) probably didn't even vote this past Tuesday.

    I voted. I voted for Libertarian candidates because I, like many people here, believe that the less intrusive government is, the better.

    Writing letters and making phone calls only goes so far. No matter how many letters or phone calls legislators receive, it's still the same person who ignores them. The real solution is to get these people out of office and elect people who are more likely to give our concerns a voice.

    So the next time you feel that our legislators truly aren't looking out for our interests, get your ass out of your chair and vote.

    --
    There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
    1. Re:Ironic, since we just had an election... by spun · · Score: 4, Insightful

      Libertarian's ideal of 'less government' seems to include doing away with all environmental and public safety laws that might get in the way of corporations turning a profit. No more pesky anti-monopoly laws, either.

      Fire and police departments would be privatized. Can't afford protection? Too bad, social darwinism says you don't deserve to live, anyway.

      Water and electricity would certainly be cheaper if they were completely unregulated monopolies, right?

      Libertarianism in a nutshell: I've got mine, screw the rest of you.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  16. Interesting quote by zeda · · Score: 4, Interesting
    An excerpt:
    "During that session I even said without exaggeration on my part or complaint on yours that if Usama bin Laden crossed the bridge from Niagara Falls, Ontario to Niagara Falls, New York, U.S. law would give him certain protections that I would have to accommodate in the conduct of my mission. And now the third open session for the Director of NSA: I am here explaining what my Agency did or did not know with regard to 19 hijackers who were in this country legally."

    It seems then, that the safest place for a terrorist to hide would be in US.

  17. Re:don't believe it by Proaxiom · · Score: 5, Insightful
    Ridiculous. The police aren't elected either, do you think they have no incentive to protect your rights? Do you treat the army as an enemy because Generals don't obtain their posts democratically? Try to tell a court judge you won't accept his judgment because you didn't vote for him.

    While you do not elect them, they are a government agency and they ultimately report to elected officials (indeed, this report is written for a Senate committee).

    I am not an American, but I have met and worked with many fine people employed by the National Security Agency and I believe they are a great credit to your country. They are actively protecting you from real threats, and they have no secret agenda to destroy your freedoms.

    In that light, the question posed here is entirely appropriate. There is a compromise between freedom and security, and the NSA is exactly right to ask the government to decide where the compromise should end up. And rest assured, it will end up where the American people say it should end up.

    That may or may not give you some comfort. The decision-making capabilities of the American people can be questionable at times.

  18. Re: NSA Director, Congress and Monitoring by sakeneko · · Score: 5, Insightful
    They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
    -- Benjamin Franklin

    I personally think Michael Hayden stated the issue he faces, and we all face, extremely clearly, and thereby did us all a favor. I also think Benjamin Franklin drew the line where it needs to be drawn -- do not sacrifice essential liberty at all, and especially not for temporary safety.

    The task we face is to determine which liberties are essential. I'd start with the Constitution and Bill of Rights, and especially the First and Second Amendments. The First Amendment guarantees freedom of conscience and expression. The Second Amendment guarantees that individual citizens, rather than the government, hold the balance of power.

    I'd also point to the Fourteenth and Fifteenth Amendments as important. We must not carelessly and capriciously deny due process to those whom we suspect. Historically, when we have, we've done no good -- for the others or ourselves. (Remember the internment of Japanese Americans during WWII?)

    Does anyone see anything important I've missed?

  19. _Replace_ the line between liberty and safety by lildogie · · Score: 5, Insightful

    Draw the line between liberty and safety where it was on September 10, 2001.

    It was not lack of security infrastructure that "allowed" the 9/11 attack. We had the infrastructure in place.

    The hostile conspiracy had been testing the vigilance (or lack thereof) of the airport security screenings to _measure_ their complacency.

    The hostile conspiracy was using techniques to keep their plans secret that would still work even if the present levels of internet monitoring and envelope steaming had been in place.

    We have not really gained security. Observe that the perpetrator of the Anthrax letters still hasn't been identified, much less caught. Observe that the 2nd worst attack on U.S. territory, in OK City, was perpetrated by a U.S. citizen who used a rented panel truck. Safety still is just as illusory as it was before 9/11.

    What has changed is that we've sacrificed liberty (or had it sacrificed for us) to create the image of security, without any real gains in security. Heavens, even Ashcroft admitted that U.S. agression abroad would probably increase our risk of terrorist attacks on U.S. soil. Security is not the objective. Control is the objective.

    Draw the line between security and safety where it was before. We'd spent 35 years of hard civil liberties work to keep the words "national security" from being carte blanche for the abuse of our civil rights. Now we've got to regain that progress all over again. We _will_ regain it, even if it takes another 35 years to relearn the lessons.

  20. Remember Patrick Henry?? by dormat · · Score: 4, Insightful

    Give me liberty or give me death. That seems pretty straight forward to me. If I have to die because I have freedom, so be it. I'm not gonna give it away, just so I can be "safe" and comfortably numb. That's where my line is drawn.

  21. Back to the root cause by DuBois · · Score: 5, Interesting
    Is it possible that one widely disregarded factor in what happened on 9/11/2001 was that none of the passengers on those four flighs were allowed their pre-existing self defense rights, in complete and utter disregard of the 2nd Amendment?

    Is it not possible that, having already made the decision for security over liberty back in the 1970's when the tools of self defense were banned from aircraft (and post offices, and schools, I might add), these formerly free United States had become a haven for terrorists without any help from the NSA?

    Didn't anybody ever watch "Red Dawn?"

    --
    The IPCC has purposely engineered a massive scientific fraud.
  22. Comment removed by account_deleted · · Score: 4, Interesting

    Comment removed based on user account deletion

  23. climate of fear by gordona · · Score: 4, Insightful

    We, in the US, live in a climate of fear that has been nurtured by our government and the media for a very long time. We have ignored many of the problems in nations throughout the world and focused on being the toughest MF'er on the block. As king of the heap, we have to protect our position. In order to do that we have to justify it to the American people by daily demonstrating the need for that protection--that everyone is out to get us. It becomes a catch-22 situation. The need for security and the means of ensuring that security creates an ever increasing need for more security. Of course, ultimately, our rights must suffer.

    --
    "Gentlemen, you can't fight in here! This is the War Room!" -- Dr. Strangelove
  24. Question the implicit assumption... by dpilot · · Score: 4, Interesting

    First we should start by questioning the assumption that loss of liberty even will buy us safety.

    This needs to be done, on a point-by-point basis for each and every liberty that is being compromised. In engineering decisions there's always 'nice to have' and 'must have'. There are also times when the customer is asking for the wrong thing, and you can give a different solution that satisifes him even better than what he'd asked for. As far as I can see, current liberty/security tradeoffs appear to be a shopping list, without effectiveness review or modifications.

    --
    The living have better things to do than to continue hating the dead.
  25. ask the public by Dr.+Awktagon · · Score: 5, Funny

    ...[he] tells Congress that they can best help him by going back to their constituents and finding out where the public wants to draw the line between liberty and safety.

    Whoa, they have to ask Disney AND the oil industry? Unprecedented!

    (PS: It's a joke. Please don't tap my phone line.)

  26. Re: NSA Director, Congress and Monitoring by OwnedByTwoCats · · Score: 4, Insightful

    You only missed your fourth amendment right to not have your home torn apart in a search whenever someone in power decides that it's time to put you back in line.

    Or your fifth amendment rights to not be hounded by the prosecution, and tried innumerable times on (possibly the same) bogus charge.

    Or your sixth amendment right to be tried promptly, or to face your accusers and their accusations, or be able to call witnesses in your defense, or ask for the assistance of a lawyer.

    Or your seventh and eighth amendment rights.