The Future of Tech And NSA Wiretaps
Tyler Too writes "Is there more to last week's story about President Bush authorizing wiretaps without court review? Ars Technica writes about what's going on behind the curtains with the National Security Agency's technology: 'When the truth comes out (if it ever does), this NSA wiretapping story will almost certainly be a story not just about the Constitutional concept of the separation of powers, but about high technology.'"
The problem for the average American isn't necesarily that liberties are being taken with regard to surveillance of fringe elements who might be prone to terrorism. The real problem is in defining what is a fringe element and who might be prone to become a terrorist. The recent news that groups like Greenpeace and PETA are being investigated leads me to believe that the authorities consider anyone with an opinion about anything as being involved in a fringe element. Strangely, the NSA, FBI and other institutions harbor people who think like this regardless of the current administration and political climate. It seems that we have to clarify to them what is acceptable every couple of decades or so.
What's the real difference between spying and restriction? Spying is, of course, a necessary prerequisite for restriction as the government needs to know what you're up to in order to prevent you from doing it. So what the president ordered wiretaps? If the president ordered wiretaps in violation of his Constitutional duties then he violated his oath. If you allow one president to violate the Constitution for "security", then you are saying the President is above the law. That, unfortunately, is a prerequisite for dictatorship.
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That's the problem. This particular action is worthy of the worst of the Soviet Union. It's as unamerican as you can get -- secretly taking away "oversight" when the oversight mechanism itself was already as secretive as possible, and every bit as accessible as oversight can be. 72 hours AFTER the monitoring isn't enough? There can be no reason for dodging the FISA court, no excuse. If the court wasn't fast enough, he could have extended the FISA approval process to two weeks, or a month. But to remove oversight for the sake of executive secrecy? Is he implying that the FISA judges are leaking secrets to Al Qaeda? Are the oversight boards populated by "terrarists?" I don't even think any of the likely FISA judges are anything but Republicans!
I seriously believe this is treason. This action DEFINES treason. Not some weak "censure" or "impeachment." This is stand-before-a-judge-jury-and-firing-squad serious.
John
Did you RTFA or are you just here to dog Bush? The article mentions a variety of situation where taps might be needed and useful, but could not be used by FISA under the pre-emptetory clauses because it is not narrow enough.
(Needed + Useful) != Legal
On top of that, it clearly falls into line with the supreme court's standards for intellgence (must be linked to a foreign power) as well as historical executive orders issued by Clinton, Regean and Carter and even then can easily be read into the 9/11 bills.
You cannot make up new laws and "read them into" real laws that have actually been passed. Democracy doesn't work that way.
Look. The word "terrorist" has a rather specific meaning. Raiding a mink farm and freeing the mink doesn't qualify as terrorism. Sabotage, economic warfare, street theater, whatever, but it isn't terrorism.
Even if they killed the mink farmer, that's just murder. (My point is not to minimize how horrible murder is!) But it's not terrorism.
The real problem is that "terrorism" is getting stretched to mean "anything law enforcement wants to have an easier time checking into". This trivialization of the word "terrorism" means that pretty soon, we're going to need a new word for the real thing...