57 online
 
Most Popular Choices
Share on Facebook 56 Printer Friendly Page More Sharing
General News    H2'ed 3/5/15

Curbs on Surveillance State Urged

By       (Page 4 of 6 pages) Become a premium member to see this article and all articles as one long page.   1 comment
Message Consortium News
Become a Fan
  (3 fans)

With the Government's surveillance resources devoted to electronic communications, facial image capture, retina scans, GPS and E-ZPass tracking, license plate readers, banking transactions, and air travel reservations, those with access to the data will be free to develop their own "threat" profiles to target people with tragic consequences for citizens' freedom of speech, press, religion, and association.

Is this the state of freedom Americans choose to live under? It was achieved through a cooperative Congress and an anxious news media that reacted on the basis of a fear-mongering Intelligence and Law Enforcement Community backed by profiteers from the private sector eager to come to the rescue with all manners of big data analytics solutions. Over the ensuing years, public malaise seems to have set in yielding a general sense of resignation over the loss of privacy wherein it's viewed to be a small price to pay for the convenience of having perpetual electronic access within reach 24/7.

Few seem to understand what is at stake, let alone know what to do about it. Indeed the Founders fought the American Revolution after King George III forced colonists to house British troops in their homes where they could monitor behavior. Two hundred and forty-five years later, the public must realize that liberty, once lost, is seldom regained, and the freedom of privacy that American citizens enjoyed before September 11, 2001, is now forever lost unless the Government acts quickly to restore these rights.

Since such Government action is unlikely to take place absent public pressure, the public should strongly demand reforms before three key Surveillance State authorities, set to expire in June 2015, are brought up for renewal by hawkish congressmen -- Section 215, the Lone Wolf provision, and the roving wiretap provision. The disclosures of assaults to our basic freedoms that have come to light since June 2013 are not solely threats to our privacy but also to the Republic itself.

Presidential Action Needed

The December 2013 report by the President's Review Group on Intelligence and Communications Technologies stated "surveillance of American phone metadata has had no discernible impact on preventing acts of terrorism." The study concluded that the searches under two provisions, Section 215 of the Patriot Act and Section 702 of the 2008 FISA Amendments Act, that purportedly authorize NSA bulk collection of U.S. citizens' phone and Internet metadata were far less effective in detecting alleged terrorists than the NSA and Obama administration had reported.

Shortly after the Review Group issued its report, President Obama signed a Presidential Policy Directive on Signals Intelligence Activities (PPD-28) on Jan. 17, 2014. But although PPD-28 specifies limitations on bulk collection, a number of loopholes render the Directive useless -- a mere whitewash of the problem.

Moreover, any hope that the U.S. Courts will rescue the country from its constitutional crisis remains a low probability. In most cases the Government argues that plaintiffs lack standing due to lack of proof of personal harm often resulting in suit dismissal. In contesting NSA eavesdropping complaints that surmount the legal challenge of establishing "standing," the courts have applied a poorly reasoned precedent from Smith vs. Maryland where individuals do not have a reasonable expectation of privacy in the phone numbers they dial.

In Smith vs. Maryland, only one phone number was monitored, whereas current bulk collection based on Smith clearly violates the Fourth Amendment constraint of "particularity." The only NSA surveillance case to be elevated to the Supreme Court, Clapper vs. Amnesty International USA, resulted in a 5-4 dismissal without trial based on plaintiffs' lack of standing because they could not prove they had been monitored. Again, the Government said the information that would provide such proof is classified, hence not available for disclosure.

If Congress fails to act on restoring the First and Fourth Amendments to their proper standing, the President should issue an Executive Order that fully restores the legal protections inherent in the original Foreign Intelligence Surveillance Act and halts application of unconstitutional authorities granted under E.O. 12333 thus forcing Congress to repeal the FISA Amendments Act and Section 215 of the Patriot Act.

Recommended Starting Points to Restoring Privacy and Maintaining Security

U.S. Government administrators, members of Congress, and former NSA Directors cite the need to balance privacy with security, placing far greater weight on favoring security. But is it really true that security is gained only at the expense of a loss of privacy? The answer is no!

An equal or greater level of security can be achieved with little or no loss in privacy protections if the U.S. Government were to adopt some modest changes in its surveillance operations. Furthermore, security will ultimately be enhanced if public discussions of national security policy were encouraged rather than chilled through cover of state secrets and fear of reprisal. The Framers of the Constitution intended public discussion, the wisdom of which has been confirmed by failures of closed government systems.

First, the homegrown and imported terrorism risk can be more effectively dealt with through more careful review of passports, including visa waiver programs, and scrutiny of other travel documentation indicating travel to/from known war zones and terrorist training areas.

Second, no U.S. person is to be treated by general FISC warrants. Bulk electronic surveillance previously supported under Sec. 215 of the Patriot Act and Sec. 702 of the FAA should be banned. Storage and analysis of any U.S. person metadata and/or content previously made possible through general FISC warrants, must be conducted with a specific warrant describing the person or thing to be searched and supported by satisfaction of the probable cause standard.

Application of the low standard known as "reasonable articulable suspicion" is not an acceptable metric for acquiring, storing, or analyzing the electronic communications of any U.S. person. (As defined under FISA, "United States person" means a citizen of the United States, an alien lawfully admitted for permanent residence, an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power).

Next Page  1  |  2  |  3  |  4  |  5  |  6

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Must Read 4   Supported 2   Valuable 2  
Rate It | View Ratings

Consortium News Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Consortiumnews.com was founded by Robert Parry in 1995 as the first investigative news magazine on the Internet. The site was meant to be -- and has become -- a home for important, well-reported stories and a challenge to the inept but dominant (more...)
 
Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Did Clinton's Emails Expose CIA Agents?

A Demand for Russian "Hacking" Proof

US Intel Vets Dispute Russia Hacking Claims

VIPS to Trump: Intel on Iran Could be CATASTROPHIC

Judith Miller's Blame-Shifting Memoir

To View Comments or Join the Conversation:

Tell A Friend