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.'"

Comments

muddy issues

[andy314159pi]

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.

Re:muddy issues

[Philip K Dickhead]

Yeah! Let's watch Brazil, and get nice and cozy with our futures!

In 1975, former Monty Python cast member and celebrated animator Terry Gilliam had a great idea for a movie. Along with playwright Tom Stoppard (Rosencrantz and Guildenstern are Dead), he'd write and direct a sweeping, epic masterpiece about a world gone wrong.

The film would take place "somewhere in the twentieth century." It would feature an oppressive, totalitarian government which systematically stripped the public of its basic freedoms in favor of an ostensibly fraudulent and hopeless war on terrorism. The term "information retrieval" would be used implicitly throughout the film, a euphemistic nickname for the gruesome torture techniques applied to suspected terrorists as they're kidnapped, secured, and readied for interrogation.

The mechanics and systems of this "fantastical" world would need to be absurd and contradictory, serving only to bury its chief directors under bureaucracy, red tape, and endless coils of administrative paperwork. Identification cards, DNA scans and security checkpoints would round out Gilliam's view of a monolithic, technologically-driven society, and patriotic propaganda posters telegraphing a mandatory us-or-them mentality would be broadcast regularly to all citizens amidst the false cheeriness of a consumer theme park culture.

Spot-on, Mr. Gilliam!

Some of you guys thought it'd be like Trek. Oh, well. That was a "gimme", so we'd embrace technology as a beneficial end in itself - not just another manifestation of human tool appropriation. Technology won't make a paradise by creating super-abundance. We HAVE super-abundance, where 2% Elite own and control 96% of the resources, wealth and secondary benefits of that abundance. The rest of us fight it out over notions of artificial scarcity. That's CONTROL, baby!

Now, you get to live in the U.S., just like the old DDR! They payed engineers 2-3 times the "worker rate", and bought allegiance there, too! "I'm not worried about the totalitarian state. They pay for my Trabant! Why shouldn't I build eavesdropping equipment? At least we are safe from the evil forces of International Capitalism and the Jew-Bankers!"

Re:muddy issues

[timeOday]

Yes...it's good for them to keep some secrets from us. THEY'RE IN CHARGE! Parents keep secrets from children because that's better for them.

Thanks for summarizing the administration's stance so succinctly. It's the polar opposite of the principles our nation was founded on.

If you're not doing anything wrong, what do you care if somebody knows about it.

The exact opposite of the 4th ammendment. But I agree that's a useful maxim when applied to officers of the government in their official responsibilities - after all, how can government officials carry out the will of the people when they won't even tell the people what they're doing?

Nothing new here... move along.

[tenchiken]

To try and keep this article from devolving similar to the last one, here are a couple of notes:

This really isn't anything new. In fact Carter used the Exact same Authority that Bush is using now. That executive order became Executive Order 12333 under Reagan in 1981. Gorelick also stated that Clinton used the same authority. From a CATO Report:
The Clinton administration claims that it can bypass the warrant clause for "national security" purposes. In July 1994 Deputy Attorney General Jamie S. Gorelick told the House Select Committee on Intelligence that the president "has inherent authority to conduct warrantless searches for foreign intelligence purposes." [51] According to Gorelick, the president (or his attorney general) need only satisfy himself that an American is working in conjunction with a foreign power before a search can take place. . . .

FISA itself has ruled that:
The courts have been explicit on this point, most recently in In Re: Sealed Case, the 2002 opinion by the special panel of appellate judges established to hear FISA appeals. In its per curiam opinion, the court noted that in a previous FISA case (U.S. v. Truong), a federal "court, as did all the other courts to have decided the issue [our emphasis], held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." And further that "we take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power." http://www.opinionjournal.com/editorial/feature.ht ml?id=110007703

Bush also pointed out that the 9/11 resolution gave him additional authority. Here is the verbage:
"use all necessary force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations, or persons [...] "

Re:Nothing new here... move along.

[Sebastopol]

Except that Bush lied about it to the American public. From the whitehouse website via salon.com:

[["Now, by the way," he said, "any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think 'Patriot Act,' constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution."

That certainly seems to be different from what Bush is saying now -- that over the past three years, he has authorized and repeatedly reauthorized the "interception" of communications without warrants.]]

Re:Kein Problem

[sbyrnes00]

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.

Re:About the tapping itself...

[plover]

I don't think anything will happen to the prez,

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.

Re:About the tapping itself...

[MillionthMonkey]

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.

Terrorist activity

[rewt66]

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...

Big Brother Bush

[Philip K Dickhead]

http://xymphora.blogspot.com/2005/12/big-brother-b ush.html

The answer to the mystery of the NSA snooping scandal - why did they break the law when it was so ludicrously easy to get FISA warrants? - appears to be developing: they weren't just wiretapping, they were data mining. They were using Echelon to 'Able Danger' the whole country (this is Poindexter's Total Information Awareness, which is supposedly dead, in action). The problem is that FISA was enacted prior to the current capability for data mining, and didn't anticipate how ubiquitous it could be. The reason they couldn't use FISA is that they would have had to obtain a FISA warrant for every person in the country. Data mining requires that you follow each link discovered by your snooping, and wouldn't work if it had to be subjected to FISA or the Constitution. The NYT article, now being spun as resisted by the Bush Administration (as if the NYT would publish anything without Rove's say-so), appears to itself be part of the spinning, a limited hang-out to cover up the bigger scandal.