Tag Archives: civil liberties

What George Orwell Got Wrong About the New Surveillance State

Mother Jones

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This story first appeared on the TomDispatch website.

In an increasingly phantasmagorical world, here’s my present fantasy of choice: someone from General Keith Alexander’s outfit, the National Security Agency, tracks down H.G. Wells’s time machine in the attic of an old house in London. Britain’s subservient Government Communications Headquarters, its version of the NSA, is paid off and the contraption is flown to Fort Meade, Maryland, where it’s put back in working order. Alexander then revs it up and heads not into the future like Wells to see how our world ends, but into the past to offer a warning to Americans about what’s to come.

He arrives in Washington on October 23, 1962, in the middle of the Cuban Missile Crisis, a day after President Kennedy has addressed the American people on national television to tell them that this planet might not be theirs—or anyone else’s—for long. (“We will not prematurely or unnecessarily risk the costs of worldwide nuclear war in which even the fruits of victory would be ashes in our mouth, but neither will we shrink from the risk at any time it must be faced.”) Greeted with amazement by the Washington elite, Alexander, too, goes on television and informs the same public that, in 2013, the major enemy of the United States will no longer be the Soviet Union, but an outfit called al-Qaeda in the Arabian Peninsula (AQAP), and that the headquarters of our country’s preeminent foe will be found somewhere in the rural backlands of… Yemen.

Yes, Yemen, a place most Americans, then and now, would be challenged to find on a world map. I guarantee you one thing: had such an announcement actually been made that day, most Americans would undoubtedly have dropped to their knees and thanked God for His blessings on the American nation. Though even then a nonbeliever, I would undoubtedly have been among them. After all, the 18-year-old Tom Engelhardt, on hearing Kennedy’s address, genuinely feared that he and the few pathetic dreams of a future he had been able to conjure up were toast.

Had Alexander added that, in the face of AQAP and similar minor jihadist enemies scattered in the backlands of parts of the planet, the US had built up its military, intelligence, and surveillance powers beyond anything ever conceived of in the Cold War or possibly in the history of the planet, Americans of that time would undoubtedly have considered him delusional and committed him to an asylum.

Such, however, is our world more than two decades after Eastern Europe was liberated, the Berlin Wall came down, the Cold War definitively ended, and the Soviet Union disappeared.

Why Orwell Was Wrong

Now, let me mention another fantasy connected to the two-superpower Cold War era: George Orwell’s 1948 vision of the world of 1984 (or thereabouts, since the inhabitants of his novel of that title were unsure just what year they were living in). When the revelations of NSA contractor Edward Snowden began to hit the news and we suddenly found ourselves knee-deep in stories about Prism, XKeyscore, and other Big Brother-ish programs that make up the massive global surveillance network the National Security Agency has been building, I had a brilliant idea—reread 1984.

At a moment when Americans were growing uncomfortably aware of the way their government was staring at them and storing what they had previously imagined as their private data, consider my soaring sense of my own originality a delusion of my later life. It lasted only until I read an essay by NSA expert James Bamford in which he mentioned that, “within days of Snowden’s documents appearing in the Guardian and the Washington Post…, bookstores reported a sudden spike in the sales of George Orwell’s classic dystopian novel 1984. On Amazon.com, the book made the ‘Movers & Shakers’ list and skyrocketed 6,021 percent in a single day.”

Nonetheless, amid a jostling crowd of worried Americans, I did keep reading that novel and found it at least as touching, disturbing, and riveting as I had when I first came across it sometime before Kennedy went on TV in 1962. Even today, it’s hard not to marvel at the vision of a man living at the beginning of the television age who sensed how a whole society could be viewed, tracked, controlled, and surveiled.

But for all his foresight, Orwell had no more power to peer into the future than the rest of us. So it’s no fault of his that, almost three decades after his year of choice, more than six decades after his death, the shape of our world has played havoc with his vision. Like so many others in his time and after, he couldn’t imagine the disappearance of the Soviet Union or at least of Soviet-like totalitarian states. More than anything else, he couldn’t imagine one fact of our world that, in 1948, wasn’t in the human playbook.

In 1984, Orwell imagined a future from what he knew of the Soviet and American (as well as Nazi, Japanese, and British) imperial systems. In imagining three equally powerful, equally baleful superpowers—Oceania, Eurasia, and Eastasia—balanced for an eternity in an unwinnable global struggle, he conjured up a logical extension of what had been developing on this planet for hundreds of years. His future was a version of the world humanity had lived with since the first European power mounted cannons on a wooden ship and set sail, like so many Mongols of the sea, to assault and conquer foreign realms, coastlines first.

From that moment on, the imperial powers of this planet—super, great, prospectively great, and near great—came in contending or warring pairs, if not triplets or quadruplets. Portugal, Spain, and Holland; England, France, and Imperial Russia; the United States, Germany, Japan, and Italy (as well as Great Britain and France), and after World War II, the United States and the Soviet Union. Five centuries in which one thing had never occurred, the thing that even George Orwell, with his prodigious political imagination, couldn’t conceive of, the thing that makes 1984 a dated work and his future a past that never was: a one-superpower world. To give birth to such a creature on such a planet—as indeed occurred in 1991—was to be at the end of history, at least as it had long been known.

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What George Orwell Got Wrong About the New Surveillance State

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Memo: Justice Department Won’t Meddle With States That Legalize Marijuana

Mother Jones

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Mary Jane made a new friend today: an old bearded hippie named Uncle Sam.

In a memo released this afternoon, the Department of Justice signaled that it will not meddle with state efforts to legalize and regulate the consumption and sale of pot. “Basically what it says is that the federal government is waving a white flag,” says Dan Riffle, the director of federal policies for the Marijuana Policy Project (MPP). “Today’s announcement is a major historic step toward ending marijuana prohibition.”

The federal government typically hasn’t prosecuted individual pot smokers, but the memo breaks new ground by applying a similarly permissive approach to marijuana dispensaries, which have often been the targets of federal raids. Under the new policy, the DOJ will leave recreational and medical pot dispensaries alone in states that it believes are regulating them adequately.

Prosecutors “should continue to review marijuana cases on a case-by-case basis,” the memo says, “and weigh all available information and evidence, including, but not limited to, whether the operation is demonstrably in compliance with a strong and effective state regulatory system.”

The DOJ signaled that it will allow Colorado and Washington to proceed with legalizing and regulating the sale and recreational consumption of marijuana so long as they can prevent:

Cannabis from being sold to minors
Pot revenue from going to criminal enterprises
Legally purchased marijuana from being diverted to states where it’s illegal
State-authorized pot businesses from being used as legal cover for drug trafficking
Violence related to drug cultivation
Stoned driving
The cultivation of marijuana on public lands
Marijuana possession on federal property

“Those are all reasons we’ve cited for why we should tax and regulate marijuana,” the MPP’s Riffle points out.

But other pro-marijuana activists are concerned that the memo gives federal prosecutors too much leeway. In particular, it’s not clear whether the feds will stop prosecuting pot dispensaries in California. Unlike Colorado and Washington, California provides little state-level oversight of its medical pot industry, relying instead on a patchwork of local laws.

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Memo: Justice Department Won’t Meddle With States That Legalize Marijuana

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The Dark Side of "I Have a Dream": The FBI’s War on Martin Luther King

Mother Jones

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Martin Luther King Jr.’s “I Have a Dream” speech at the 1963 March on Washington—the 50th anniversary of which is being commemorated this week—marked a high point in US history. It was a soaring moment in which the the soul of the civil rights movement was bared to the nation, as King bravely recognized the daunting obstacles to progress but expressed unbound optimism that justice would ultimately reign. There was, though, a dark side to the event, for it triggered an ugly and brutal reaction within one of the most powerful offices of the land. In response to King’s address, J. Edgar Hoover, the omnipotent FBI director, intensified the bureau’s clandestine war against the heroic civil rights leader.

For years, Hoover had been worried—or obsessed—by King, viewing him as a profound threat to national security. Hoover feared that the communist conspiracy he was committed to smashing (whether it was a real danger or not) was the hidden hand behind the civil rights movement and was using it to subvert American society. He was fixated on Stanley Levison, an adviser to King who years earlier had been involved with the Communist Party, and in 1962 the FBI director convinced Attorney General Robert Kennedy to authorize tapping the business phone and office of Levison, who often spoke to King. Then Hoover, as Tim Weiner puts it in his masterful history of the FBI, Enemies, began to “bombard” President John Kennedy, Vice President Lyndon Johnson, Bobby Kennedy, and leading members of Congress with “raw intelligence reports about King, Levison, the civil rights movement, and Communist subversion.” Hoover’s priority mission was to discredit King among the highest officials of the US government. Though King scaled back his contacts with Levison—after both RFK and JFK warned King about associating with communists—Hoover kept firing off memos, Weiner notes, “accusing King of a leading role in the Communist conspiracy against America.”

The August 1963 march, which captured the imagination of many Americans, further unhinged Hoover and his senior aides. The day after the speech, William Sullivan, a top Hoover aide, noted in a memo, “In the light of King’s powerful demagogic speech…We must mark him now, if we have not done so before, as the most dangerous Negro of the future in this Nation from the standpoint of communism, the Negro, and national security.” Six weeks later, pressured by Hoover, Bobby Kennedy authorized full electronic surveillance of King. FBI agents placed bugs in King’s hotel rooms; they tapped his phones; they bugged his private apartment in Atlanta. The surveillance collected conversations about the civil rights movement’s strategies and tactics—and also the sounds of sexual activity. Hoover was enraged by the intelligence about King’s private activities. At one point, according to Weiner’s book, while discussing the matter with an aide, an irate Hoover banged a glass-topped desk with his fist and shattered it.

Hoover did not let up. A little more than a year after the march, after King had been awarded the Nobel Peace Prize, Hoover told a group of reporters that King was “the most notorious liar in the country.” But the FBI’s war on King was uglier than name-calling. Weiner writes:

William Sullivan had a package of the King sex tapes prepared by the FBI’s lab technicians, wrote an accompanying poison-pen letter, and sent both to King’s home. His wife opened the package.

“King, look into your heart,” the letter read. The American people soon would “know you for what you are—an evil, abnormal beast…There is only one way out for you. You better take it before your filthy, abnormal fraudulent self is bared to the nation.”

The president Lyndon Johnson knew Hoover had taped King’s sexual assignations. Hoover was using the information in an attempt to disgrace King at the White House, in Congress, and in his own home.

Worse, it seems the FBI was trying to encourage King to kill himself.

Hoover kept feeding Johnson (who’d become president after JFK’s 1963 assassination) intelligence suggesting King was a commie stooge. In 1967, when the FBI mounted an operation to disrupt, discredit, and neutralize so-called “black hate” groups, it focused on King’s Southern Christian Leadership Conference, as Hoover publicly blamed King for inciting African Americans to riot. The following year, King was assassinated by James Earl Ray, who subsequently evaded an FBI manhunt, to be captured two months later by Scotland Yard in England.

As the March on Washington is remembered five decades later, it should be noted that King’s successes occurred in the face of direct and underhanded opposition from forces within the US government, most of all Hoover, who did not hesitate to abuse his power and use sleazy and legally questionable means to mount his vendetta against King.

Today, the FBI’s headquarters in downtown Washington is officially called the J. Edgar Hoover FBI Building, named after the paranoid chief who hounded King and did all he could to thwart the civil rights movement. In recent years, critics have proposed erasing Hoover’s name, but the headquarters has not been de-Hoovered. Late last year, it was reported that the FBI offices, which have come into disrepair, might soon be torn down, with a new HQ constructed elsewhere in the Washington area. If so, it would be fitting that Hoover be hauled off with the rubble. After all, there’s a good reason why Americans today remember and celebrate the words and actions of King, and why Hoover’s foul and un-American campaign against King remains in the shadows of history.

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The Dark Side of "I Have a Dream": The FBI’s War on Martin Luther King

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Martin Luther King’s Words in Today’s Surveillance World

Mother Jones

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This story first appeared on the TomDispatch website.

So much has changed since that hot day in August 1963 when Martin Luther King delivered his famous words from the steps of the Lincoln Memorial. A black family lives in the White House and official segregation is a thing of the past. Napalm no longer falls on the homes and people of Vietnam and the president of that country has just visited the United States in order to seek “a new relationship.”

A health-care law has been passed that guarantees medical services to many millions who, 50 years ago, were entirely outside the system. Gays were then hiding their sexuality everywhere—the Stonewall riots were six years away—and now the Supreme Court has recognized that same-sex couples are entitled to federal benefits. Only the year before, Rachel Carson had published her groundbreaking ecological classic Silent Spring, then one solitary book. Today, there is a vigorous movement in the land and across the Earth dedicated to stopping the extinction of our planet.

In 1963, nuclear destruction threatened our species every minute of the day and now, despite the proliferation of such weaponry to new nations, we do not feel that tomorrow is likely to bring 10,000 Hiroshimas raining down on humanity.

So much has changed—and yet so little.

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Martin Luther King’s Words in Today’s Surveillance World

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Conservatives Are Finally Admitting What Voter Suppression Laws Are All About

Mother Jones

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North Carolina’s new voter ID law is ostensibly designed to reduce voter fraud. That’s the official story, anyway. But if that’s the case, why did North Carolina also pass a whole bunch of other voting restrictions, including limits on early voting? Phyllis Schlafly, the doyen of right-wing crankery, explains that the reason was simple: “Early voting plays a major role in Obama’s ground game….It is an essential component of the Democrats’ get-out-the-vote campaign.” Steve Benen comments:

Have you ever heard a political figure accidentally read stage direction, unaware that it’s not supposed to repeated out loud? This is what Schlafly’s published column reminds me of.

For North Carolina Republicans, the state’s new voter-suppression measures are ostensibly legitimate — GOP officials are simply worried about non-existent fraud. The response from Democrats and voting-rights advocates is multi-faceted, but emphasizes that some of these measures, including restrictions on early voting, have nothing whatsoever to do with fraud prevention and everything to do with a partisan agenda.

And then there’s Phyllis Schlafly, writing a piece for publication effectively saying Democrats are entirely right — North Carolina had to dramatically cut early voting because it’s not good for Republicans.

Remember, Schlafly’s piece wasn’t intended as criticism; this is her defense of voter suppression in North Carolina. Proponents of voting rights are arguing, “This is a blatantly partisan scheme intended to rig elections,” to which Schlafly is effectively responding, “I know, isn’t it great?”

Actually, I doubt that Schlafly was very far off the reservation here. Generally speaking, I think conservatives have gotten tired of keeping up the pretense on the purpose of their voter suppression laws. Why bother, after all? It might make sense if they needed to convince a few Democrats to join their cause, but that’s obviously hopeless. Alternatively, it might be necessary if they needed to maintain a legal fig leaf for future court cases, but the Supreme Court has ruled that purely partisan motivations for voting laws are A-OK. Finally, they might care about public opinion. And they probably do. But not much.

At this point, the jig is up. Everyone knows what these laws are about, and there’s hardly any use in pretending anymore. In fact, the only real goal of the voter suppression crowd now is to provide a plausible legal argument that what they’re doing isn’t intentionally racist. That’s really the only thing that can derail them at this point, and the best way to fight back is to shrug their shoulders and just admit that they’re being brazenly partisan. That’s what Texas attorney general Greg Abbott did in his brief supporting his state’s voter suppression laws, and he did it with gusto. But if that’s the official argument that you have to make in your legal briefs, there’s not much point in denying it in other forums. You might as well just go with it.

Schlafly wasn’t reading stage directions. She was reading from the script. It’s just a new script, that’s all.

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Conservatives Are Finally Admitting What Voter Suppression Laws Are All About

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Report Says Russians Knew Edward Snowden Was Headed for Moscow

Mother Jones

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The Washington Post passes along a report that the arrival of NSA leaker Edward Snowden in Moscow a couple of months ago didn’t come as a surprise to Russian officials, as they claimed at the time. In fact, they helped set up his travel while Snowden was still in Hong Kong, expecting that he’d quickly catch a connecting flight to Havana:

The article in Kommersant, based on accounts from several unnamed sources, did not state clearly when Snowden decided to seek Russian help in leaving Hong Kong, where he was in hiding in order to evade arrest by U.S. authorities on charges that he leaked top-secret documents about U.S. surveillance programs.

….Kommersant reported Monday that Snowden purchased a ticket June 21 to travel on Aeroflot, Russia’s national airline, from Hong Kong to Havana, through Moscow. He planned to fly onward from Havana to Ecuador or some other Latin American country….Kommersant quoted unnamed Russian officials as saying the Cubans decided to refuse Snowden entry under U.S. pressure, leaving him stranded. That version stands in contrast to widespread speculation that the Russians never intended to let the former CIA employee travel onward.

The article implies that Snowden’s decision to seek Russian help came after he was joined in Hong Kong by Sarah Harrison, a WikiLeaks staffer who became his adviser and later flew to Moscow with him. Harrison, the article suggests, had a role in the making the plans. The article noted a statement released by WikiLeaks on June 23, shortly after the Aeroflot flight left Chinese airspace, which said Snowden was heading to a destination where his safety could be guaranteed.

This may or may not be true, so keep an open mind about it for now. It’s just the latest in Snowden gossip.

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Report Says Russians Knew Edward Snowden Was Headed for Moscow

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Chicago or Chiraq? “I Don’t Wanna Say There’s No Hope, But I Don’t Know, Man”

Mother Jones

Things have gotten so bad recently on the streets of South and West Chicago, Chi-town has earned a new moniker: “Chiraq.” But the city’s troubles with gun violence are old news—see our earlier chat with the filmmakers behind The Interrupters—and we’ve become desensitized. This gripping new documentary short, titled Chi Raq, by London-based filmmaker and photographer Will Robson-Scott is sufficient to shake you from the comfort of your armchair liberalism and give you a fresh dose of reality as it applies to Chicago’s poorest neighborhoods. I caught up with Robson-Scott to find out how he navigated these dangerous streets, and get his take on what’s wrong with America.

Mother Jones: A refreshing thing about your documentary style is that you don’t seem to have an agenda: You just take a complex issue and focus on those affected by it. Are you trying to help us understand what’s happening in Chicago at a more visceral level?

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Chicago or Chiraq? “I Don’t Wanna Say There’s No Hope, But I Don’t Know, Man”

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Ask a FISA Court Judge!

Mother Jones

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The FISA Court was established by the Foreign Intelligence Surveillance Act to oversee top-secret surveillance programs. Its opinions are classified, although the Office of the Director of National Intelligence recently released a rare, heavily redacted 2011 ruling striking down an NSA program that collected email data from American citizens and foreign nationals.

It also offers relationship advice.

Dear FISA Court Judge,

A coworker gave me and my husband a $25 certificate to the Cheesecake Factory as a wedding gift. It cost us $400 to feed her and her guest at our reception. Should I send it back and tell her she’s rude and cheap? Help, FISA Court Judge! —Dismayed in Des Moines.

FISA Court Judge says:

Dear Dismayed,

!!

Dear FISA Court Judge,

My husband and I have been married for 20 years but recently we hit a bit of a rough patch. I had an affair with my boss, and my husband missed the birth of our daughter to deliver a $3 million shipment of methamphetamine to a guy he knows from Chile. Also he’s dying of cancer. What should I do, FISA Court Judge? —Nervous in New Mexico.

FISA Court Judge says:

Dear Nervous,

I literally .

Dear FISA Court Judge,

Is there such thing as insanity among penguins? I try to avoid a definition of insanity or derangement—I don’t mean he or she is Lenin or Napoleon Bonaparte—but could they just go crazy because they’ve had enough of their colony? You’re my only hope, FISA Court Judge! –Musing in Munich.

FISA Court Judge says:

Dear Musing,

puffins ; I hope that answers your question!

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Ask a FISA Court Judge!

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Private Manning’s Next Battle: Gender Transition in Prison

Mother Jones

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Shortly after being sentenced to 35 years in a military prison for leaking classified information to WikiLeaks, Bradley Manning announced a decision to live as a woman and switch to the name Chelsea. Manning released a letter to the Today show Thursday morning that said, “As I transition into this next phase of my life, I want everyone to know the real me. I am Chelsea Manning. I am a female.” Manning requested being referred to with the feminine pronoun, except with official mail sent to her at Fort Leavenworth, the Kansas prison where she will serve her sentence.

Manning now faces some unknowns with gender transition, including what will likely be a difficult battle to receive hormone therapy, which she indicated in her statement she wants to begin as soon as possible. Officials from Fort Leavenworth confirmed they do not provide transgender inmates with treatment beyond psychiatric care.

Manning’s attorney, David Coombs, told Today he hopes Forth Leavenworth will decide to provide Manning with the hormone treatment; if not, Coombs said he will “do everything in his power to force them to do so.” Coombs did not provide details to Today about his plans for legal action, but during a press conference yesterday following Manning’s sentencing, he said he is “going to become the smartest person on ensuring that a soldier who is in confinement, who has gender dysphoria, gets appropriate medical treatment.”

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Private Manning’s Next Battle: Gender Transition in Prison

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Obama Names 4 to Review Group on NSA Surveillance

Mother Jones

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ABC News reports that President Obama has chosen a group of four people to “assess whether, in light of advancements in communications technologies, the United States employs its technical collection capabilities in a manner that optimally protects our national security and advances our foreign policy while appropriately accounting for other policy considerations, such as the risk of unauthorized disclosure and our need to maintain the public trust.” Here they are:

A group of veteran security experts and former White House officials has been selected to conduct a full review of U.S. surveillance programs and other secret government efforts disclosed over recent months, ABC News has learned.

The recent acting head of the CIA, Michael Morell, will be among what President Obama called a “high-level group of outside experts” scrutinizing the controversial programs. Joining Morell on the panel will be former White House officials Richard Clarke, Cass Sunstein and Peter Swire. An announcement is expected Thursday, a source with knowledge of the matter told ABC News’ Jon Karl.

I don’t think any of us expected Glenn Greenwald or Noam Chomsky to be appointed to this review group, but it would have been nice to have at least one person on board who’s a strong voice for reining in the surveillance state. The closest we have among this group is Peter Swire, who was Bill Clinton’s privacy guy. I don’t know much about him, but here are some excerpts from an interview he gave last month about Edward Snowden’s disclosure of NSA surveillance programs:

The telephone information database story, to me, is big news….In human history, the government has never really had a database of your location that way, and this database apparently does that….The problem with great big databases is, once they exist, people find ways to use them….Having studied the uses and abuses of the data during the anti-communist era up through the 1970s that led up to Watergate, I think that having those kinds of databases is a real problem.

….I think it’s really time for a re-evaluation of whether the FISA rules are the ones we should have going forward….We should have less secrecy about the legal theories. A Freedom of Information Act request suggests that we’ve actually had secret court decisions that say something is unconstitutional, but we don’t know what the court said was unconstitutional and we don’t even know its legal theories. When it comes to secret law, that shouldn’t be the way that it works in the United States.

….Another area that’s ripe for change is to have more reporting in public, especially of summary statistics, so we have a sense of how much the investigations are about some particular person or small group of people, and how much instead the investigations are really about, “Give us every e-mail that you have in this huge database.” In a world of clouds, that an investigation can get the whole database is really going too broad. The whole idea in the Fourth Amendment is we’re supposed to avoid general warrants. We’re supposed to have particularity for the searches.

This is fairly mild stuff, but at least these are the right noises to make. We’ll see how hard he pushes these ideas and whether the rest of the group agrees to take them seriously.

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Obama Names 4 to Review Group on NSA Surveillance

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