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Obama Praises NSA But Promises To Rein It In

Hugh Pickens DOT Com writes "Josh Gerstein writes on Politico that President Barack Obama told Chris Matthews in an interview recorded for MSNBC's 'Hardball' that he'll be reining in some of the snooping conducted by the NSA, but he did not detail what new limits he plans to impose on the embattled spy organization. 'I'll be proposing some self-restraint on the NSA. And...to initiate some reforms that can give people more confidence,' said the President who insisted that the NSA's work shows respect for the rights of Americans, while conceding that its activities are often more intrusive when it comes to foreigners communicating overseas. 'The NSA actually does a very good job about not engaging in domestic surveillance, not reading people's emails, not listening to the contents of their phone calls. Outside of our borders, the NSA's more aggressive. It's not constrained by laws.' During the program, Matthews raised the surveillance issue by noting a Washington Post report on NSA gathering of location data on billion of cell phones overseas. 'Young people, rightly, are sensitive to the needs to preserve their privacy and to retain internet freedom. And by the way, so am I,' responded the President. 'That's part of not just our First Amendment rights and expectations in this country, but it's particularly something that young people care about, because they spend so much time texting and-- you know, Instagramming.' With some at the NSA feeling hung out to dry by the president, Obama also went out of his way to praise the agency's personnel for their discretion. 'I want to everybody to be clear: the people at the NSA, generally, are looking out for the safety of the American people. They are not interested in reading your emails. They're not interested in reading your text messages. And that's not something that's done. And we've got a big system of checks and balances, including the courts and Congress, who have the capacity to prevent that from happening.'"

26 of 306 comments (clear)

  1. Next time.. by Anonymous Coward · · Score: 5, Insightful

    Vote Ron Paul and squash the NSA, the Fed, and all these stupid agencies that seek to turn our world into 1984 (which some people seem to take it like it was a documentary).

    1. Re:Next time.. by Anonymous Coward · · Score: 5, Funny

      At this point Rue Paul would be an improvement.

    2. Re:Next time.. by anagama · · Score: 5, Interesting

      In case you didn't get the memo, Ron Paul and Rand Paul sold out to big business years ago.

      A month before the Snowden leaks began, Rand Paul proposed legislation to reform the Third Party Doctrine: http://beta.congress.gov/bill/113th/senate-bill/1037/text

      The 3PD is the principal that if you share information with a third party, even if that third party promises you confidentiality, and even if that confidentiality is never actually compromised, the 4th Amendment doesn't apply and the Feds can simply demand the information willy nilly. The 3PD totally guts the 4th Amendment -- it is the basis upon which politicians can say that the NSA's masspionage is "legal". Without the 3PD, everything the NSA is doing, at least with respect to people in America, is so unconstitutional a third grader could litigate and win the case against it.

      Fortunately, even Justice Sotomayer is questioning the wisdom of this rule in the modern world where everything a person does requires sharing information with third parties -- you cannot navigate the modern economy without such sharing. See the paragraph beginning on PDF page 19 for her thinking on this issue: http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf

      Whatever Rand Paul's faults are, he was aware of the eviscerating effect of the Third Party Doctrine and took action to protect the 4th Amendment PRIOR to the leaks. This is not the type of legislation that $megacorp loves and supports. It's a pure civil rights issue. However, I don't think his reforms don't go far enough because the only effect it would have is to exclude illegally obtained information at trial. Considering how the Feds engage in intelligence laundering, it is clear that a mere exclusion is insufficient -- there must be personal and agency penalties for a violation. To be fair to Paul, he didn't have this information when he wrote the legislation, but without personal consequences, it won't be that meaningful.

      A decent example of such penalties is contained in the WA State statute regarding hidden mic recordings of conversations: See paragraphs 10 & 11: Violating the process for authorizing and recording a conversation surreptitiously, subjects the officers involved to personal prosecution for a class C felony and the agency to substantial fines ($25,000 per occurrence). The Feds need to have a little fear put into their hearts -- they need to ask themselves "If I can't do the time or pay the fine, do I really want to commit this crime?" And make no bones about it, the Federal government, due to its rampant lawlessness (e.g. collateral construction/intelligence laundering), is a criminal organization and needs to be treated as such.

      Finally, back to the original point, Rand Paul might be a dick, but if you will step out of your partisan political mindset and consider the possibility that he just might have a good idea, we can get America back. Same goes for the tribal GOP -- both of you, Demoplicans and Republocrats alike, quit being so fricken tribal. The two parties are basically fungible anyway -- latch onto the very few good ideas and push them no matter who makes the proposal.

      --
      What changed under Obama? Nothing Good
  2. Self-restraint by erikkemperman · · Score: 5, Insightful

    Aka, tying the cat to the bacon. Clearly self-regulation is the way to go, after all it worked wonders for the financial sector.

    --
    Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    1. Re:Self-restraint by erikkemperman · · Score: 5, Funny

      Ah, I see you are a Marxist of the Groucho persuasion.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    2. Re:Self-restraint by Xiver · · Score: 5, Insightful

      When the executive branch of government refuses to enforce the law, the legislative branch's only real recourse is impeachment. Is that what you are advocating?

      --
      10: PRINT "Everything old is new again."
      20: GOTO 10
    3. Re:Self-restraint by Gr8Apes · · Score: 5, Insightful

      The legislative branch could start by jailing Alexander and Clapper for contempt of Congress. No trial needed. They lied to Congress, it's on video recorded for the world to see. Then they can just start going down the list. The real problem there is there are a few Congress people that are on the NSA's side, and are in the committees that are supposed to have oversight. So they'll claim they knew, even when they didn't, neutering the rest of Congress. And everything keeps going the way it is.

      --
      The cesspool just got a check and balance.
  3. Not interested in reading your text messages by Vermonter · · Score: 5, Insightful

    ...but one day they might decide they are, and there is nothing in place to stop them from doing that. Does President Obama really not understand why people are outraged? And no, you don't really have a system of checks and balances- you have the illusion that you do. What happens when people in the NSA does something wrong/unconstitutional? Do they get fired? Arrested? I didn't think so.

    1. Re:Not interested in reading your text messages by TWiTfan · · Score: 5, Insightful

      Agreed. If they're not interested in reading out text messages, phone calls, etc. then WHY ARE THEY ARCHIVING THEM? Either he's lying, or the NSA is guilty of a huge waste of funds for something they don't need.

      --
      The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    2. Re:Not interested in reading your text messages by poetmatt · · Score: 5, Insightful

      Oh no, he knows why we're outraged. He's just not going to do a fucking single thing about it aside from promising unicorns and rainbows, which is what this speech was. He basically said they do none of the things that we've already seen evidence of them doing, and that we're okay because transparency and self regulation.

      That aside, citizens aren't outraged enough to speak up/take action, so yeah - we keep sailing down shit creek.

  4. Don't foresee much "reining in"... by CrimsonAvenger · · Score: 5, Insightful

    ...when he starts out by saying that the NSA spying on US Citizens is all reasonable and proper, since they don't actually read your emails or listen to your phone calls.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
    1. Re:Don't foresee much "reining in"... by Black+LED · · Score: 5, Insightful

      Just being a non-US citizen doesn't make a person a foreign power. Spying on the governments of other countries, fine. Spying on the citizens of other countries is just as bad as spying on US citizens.

  5. Confusion of Amendments by korbulon · · Score: 5, Insightful

    'Young people, rightly, are sensitive to the needs to preserve their privacy and to retain internet freedom. And by the way, so am I,' responded the President. 'That's part of not just our First Amendment rights and expectations in this country, but it's particularly something that young people care about..

    This is a former constitutional lawyer saying that privacy concerns are a First Amendment concern. WT-actual-F? This is clearly Fourth amendment territory, but oh well. I mean, this is the president after all: we don't need facts when we have authority.

    Also, the suggestion that this issue is all the more vital because young people care about it? What smarmy nonsense. It's a bloody constitutional crisis being characterized as an MTV award.

    1. Re:Confusion of Amendments by ATMAvatar · · Score: 5, Insightful

      It's both. We have already seen stories about media self-censoring due to the surveillance. In addition, there's a chilling effect on association when people know they are always being watched.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    2. Re:Confusion of Amendments by Trailer+Trash · · Score: 5, Insightful

      'Young people, rightly, are sensitive to the needs to preserve their privacy and to retain internet freedom. And by the way, so am I,' responded the President. 'That's part of not just our First Amendment rights and expectations in this country, but it's particularly something that young people care about..

      This is a former constitutional lawyer saying that privacy concerns are a First Amendment concern. WT-actual-F? This is clearly Fourth amendment territory, but oh well. I mean, this is the president after all: we don't need facts when we have authority.

      Also, the suggestion that this issue is all the more vital because young people care about it? What smarmy nonsense. It's a bloody constitutional crisis being characterized as an MTV award.

      I came here to say the same thing. His obvious misunderstanding of the Constitution in this and other contexts kind of makes me question the whole "constitutional scholar" label.

  6. Translation by Anonymous Coward · · Score: 5, Informative

    "1. The things that the NSA does are proper and justified.
    2. We will strive to reduce the improper and unjustified things* the NSA does."

    *Nothing

  7. Strawman by Anonymous Coward · · Score: 5, Insightful

    He is (of course) right that they're not spying "directly" on the American people, with an actual human being reading your emails, recording your online activities, and tracking your physical movements. But that's just a clever strawman. The goal is not to "watch" you (as your nosey neighbor does) -- the goal is to record you (as a computer would). The ultimate objective is to build a permanent profile on each and every citizen, so that IF and WHEN they have the political motive to prosecute you, all they have to do is press a few buttons, review your history, and select from any one of the thousands of laws available to prosecute you -- most of which are victimless crimes (crimes against the state), not crimes against other individuals.

  8. Got to protect our instagramming! by ChristopherJoseph · · Score: 5, Insightful

    How belittling it is to couple one of our most essential rights with the phrase "texting and-- you know, Instagramming". No, Mr. Obama, that is not why we want our privacy. We want our privacy because it was guaranteed to us. Any reason other than that is more reason than you deserve. I want my privacy because I have a RIGHT to privacy. End of discussion. It's appalling to see how this presidency completely obliterated some of our most important constructs: separation of powers, federalism, inalienable rights, etc. Barack ran a campaign on transparency. His administration has been the least transparent in decades. The Obama administration has prosecuted more whistle blowers then all other administrations combined. He promised to close Guantanamo, claiming that "going around laws" was just as bad as breaking them. Yet, he defends dragnet surveillance because it was done "outside our borders". Self-restraint. You have to be kidding me. This is literally infuriating.

    1. Re:Got to protect our instagramming! by Sir_Eptishous · · Score: 5, Insightful

      You have to understand his target market. The majority of Americans don't know who the founding fathers were and don't care.

      They can't find Viet Nam on a world map let alone Iraq. They don't know what the three brances of the federal government are...

      But Goddamned if they don't know about Instagramming, lolcats, Jersey Shore, Justin Bieber, endless shrimp Thursdays at Red Lobster and buying t-shirts at Wal-Mart and wearing them until they are dirty and buying another pack instead of washing them.

      This is the America he is talking to, not you or I.

      We are living in the modern Roman Empire.
      Bread and Circuses and all that.

      --
      We play the game with the bravery of being out of range
  9. As a foreigner.. by Anonymous Coward · · Score: 5, Insightful

    Let me just say that I'm not exactly wretched with guilt over not respecting the IP of US companies, seeing as my data apparently is fair game to the US.

  10. Pretty Offensive by williagr · · Score: 5, Insightful

    'Young people, rightly, are sensitive to the needs to preserve their privacy and to retain internet freedom. And by the way, so am I,' responded the President. 'That's part of not just our First Amendment rights and expectations in this country, but it's particularly something that young people care about, because they spend so much time texting and-- you know, Instagramming.' The fact that the President thinks our desire for privacy and network neutrality is predicated on the ability to text and 'Instagram' other people is a little offensive, and just shows that he doesn't get it.

  11. Did anyone else read this as... by yakovlev · · Score: 5, Insightful

    'The NSA actually does a very good job about not engaging in domestic surveillance, not reading people's emails, not listening to the contents of their phone calls. Outside of our borders, the NSA's more aggressive. It's not constrained by laws.'

    I read this as a VERY carefully worded line that rather than saying "the NSA is actually pretty reasonable" really says "if you think what we're doing in the US is bad, you should see what we're doing overseas." It practically comes out and says that they're doing all of those things "outside" the US borders. He also implies that all of the metadata collection that is done domestically is just fine.

    Based on this, I would suspect that some program that the NSA agrees costs more that the intelligence gathered is worth is going to be cut, but overall nothing is going to change.

  12. "Young people are sensitive..." -- not really. by swb · · Score: 5, Interesting

    A have a friend who teaches political science and history at a state college. He has been asking his students how they feel about NSA surveillance and the majority opinion is summarized "I have nothing to hide, I'm not doing anything wrong, if it increases safety it's OK."

    It doesn't sound to me like a lot of "young people" are taking a very strong civil-liberties position on this. The school he teaches at is a smaller state school (ie, not the main, big-name state university) so the student body tends to be more "mainstream" than the more leftish bias you might expect at the "prestige" main campus.

    And when I raise the issue among my 40-something adult peers it's surprising how little people care and the "Where's your tinfoil hat?" look people give you.

  13. Taking action by Walterk · · Score: 5, Interesting

    As a European, I did the one thing I could do, cancel the server I was renting in the US. Sorry to the very nice people who ran it but your government left me with no choice.

  14. Of course Obama doesn't understand privacy outrage by alispguru · · Score: 5, Insightful

    Obama, like all high-level politicians in the US, gave up his personal privacy as the entry fee for his chosen profession.

    The difference between him and the rest of us is:

    * He chose his privacy level. We can't.

    * He has the power to make the government back off when they find something questionable. We don't.

    --

    To a Lisp hacker, XML is S-expressions in drag.
  15. This must have been one of the "easy questions" by Anonymous Coward · · Score: 5, Insightful

    "I'll be proposing more _self_ restraint." In other words, there will be no restraints. Restraint means there are rules on bad behavior that can't be broken without consequence. Self-restraint means there are no rules imposed on you by a third party, and it's up to you to decide whether the behavior is bad. The problem with self-restraint is that most government officials are deeply schooled in situation ethics, so whether behavior is acceptable is totally up to personal interpretation, personal goals, and personal motivation.

    The promises "to initiate some reforms that can give people more confidence." In other words, as we have heard before, he believes it is a PR problem, and he has announced that his reforms, rather than changing things actually, will be mainly designed to change public perception of what they are already doing. At least he's being honest about it.

    "The NSA actually does a very good job about not engaging in domestic surveillance, not reading people's emails, not listening to the contents of their phone calls." The NSA already said they pull in so much data it isn't possible for them to separate domestic from foreign traffic. It is on the order of petabytes. When he says they are not listening to phone calls, reading emails, etc., bear in mind they are recording and storing those very things. They just don't have a live person sitting in a chair listening to them right this moment. The only reason they supposedly aren't is because of the "self-restraint" he just mentioned. However, they can store that data as long as they like, until they discover a novel legal theory that says they can listen to it. With regard to the Snowden documents, the GCHQ has said they are "out there" and don't seem comforted by the self-restraint of the journalists that are filtering through them.

    "Outside of our borders, the NSA's more aggressive. It's not constrained by laws." False. It is constrained by treaties, which are like laws but enforced with nukes.