Mass surveillance is based on nothing but a prior-restraint argument: Violate everybody’s rights in the hope of nabbing a few terrorists. That’s if you buy the government’s good intentions; its real goal—reflexive inclination, really—is to use every method conceivable to increase its sphere of control.
Glenn Greenwald puts it a little mildly for my taste, but the heroic investigative journalist, also first “to use information given to him by Snowden to break stories of NSA surveillance,” explained a similar concept to CNN’s JAKE TAPPER:
GLENN GREENWALD: “… We could eliminate all sorts of crimes, Jake, like rape and murder and kidnapping and pedophilia if we just do away with the requirement that police officers first get a search warrant before entering our house, or if we let the government put video cameras in all of our homes and offices and watch what we are doing all the time. We make the choice that we’d rather not do that because we’d rather live with a greater risk of crime than let the government invade our privacy. The fact that there’s a half of 1 percent chance that it could have helped a terrorist plot 11 years ago in terms of detection is hardly a reason to do this massive, ubiquitous surveillance program.”
In a new piece for The Guardian, Greenwald looks at the history and dynamics of the NSA scam tactics:
The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are “serious questions that have been raised”. They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic “reforms” so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge.
This scam has been so frequently used that it is now easily recognizable. In the mid-1970s, the Senate uncovered surveillance abuses that had been ongoing for decades, generating widespread public fury. In response, the US Congress enacted a new law (Fisa) which featured two primary “safeguards”: a requirement of judicial review for any domestic surveillance, and newly created committees to ensure legal compliance by the intelligence community.
But the new court was designed to ensure that all of the government’s requests were approved: it met in secret, only the government’s lawyers could attend, it was staffed with the most pro-government judges, and it was even housed in the executive branch. As planned, the court over the next 30 years virtually never said no to the government.
Identically, the most devoted and slavish loyalists of the National Security State were repeatedly installed as the committee’s heads, currently in the form of NSA cheerleaders Democrat Dianne Feinstein in the Senate and Republican Mike Rogers in the House. As the New Yorker’s Ryan Lizza put it in a December 2013 article on the joke of Congressional oversight, the committees “more often treat … senior intelligence officials like matinee idols”.
As a result, the committees, ostensibly intended to serve an overseer function, have far more often acted as the NSA’s in-house PR firm. The heralded mid-1970s reforms did more to make Americans believe there was reform than actually providing any, thus shielding it from real reforms.
The same thing happened after the New York Times, in 2005, revealed that the NSA under Bush had been eavesdropping on Americans for years without the warrants required by criminal law. The US political class loudly claimed that they would resolve the problems that led to that scandal. Instead, they did the opposite: in 2008, a bipartisan Congress, with the support of then-Senator Barack Obama, enacted a new Fisa law that legalized the bulk of the once-illegal Bush program, including allowing warrantless eavesdropping on hundreds of millions of foreign nationals and large numbers of Americans as well.
The ACLU’s executive director Anthony Romero had a line almost as neat as Rand Paul’s “If you like your privacy you can keep it” (and here I add the soundtrack of villainous laughter: “NHAHAHAHAHAHA”). It is:
The president should end – not mend – the government’s collection and retention of all law-abiding Americans’ data. When the government collects and stores every American’s phone call data, it is engaging in a textbook example of an ‘unreasonable search’ that violates the constitution.
