Saturday, January 18, 2014

NSA Reform Misdirection

President Obama gave the big NSA reform pitch, but it didn't make many people happy, for a lot of different reasons.  My own reaction is pretty unhappy, he danced around big issues while trying to dress the NSA in pretty clothes.  Some of the issues I have involve the government arbitrarily and secretly assuming the right to spy on innocent citizens, and to punish anyone who reveals it as a traitor, their persecution of Edward Snowden is classical police state stuff.  Over at The Guardian Glenn Greenwald has branded it mostly PR fluff.  The ACLU says:

“The president’s speech outlined several developments which we welcome. However, the president’s decision not to end bulk collection and retention of all Americans’ data remains highly troubling. The president outlined a process to study the issue further and appears open to alternatives. But 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. The president’s own review panel recommended that bulk data collection be ended, and the president should accept that recommendation in its entirety.”  See this link for an analysis of what got fixed and what didn't.
I completely agree with the ACLU when they say the government "is engaging in a textbook example of an ‘unreasonable search’ that violates the Constitution.", but the defenders of the status quo ignore that fact.  Ron Wyden had this to say about it.
“After the long push to rein in overbroad surveillance powers, we are very pleased that the President announced his intent to end the bulk collection of Americans’ phone records.  Ending this dragnet collection will go a long way toward restoring Americans’ constitutional rights and rebuilding the public’s trust. Make no mistake, this is a major milestone in our longstanding efforts to reform the National Security Agency’s bulk collection program.

We also believe that additional surveillance reforms are necessary, and we will continue to push for these reforms in the coming weeks and months.  In particular, we will work to close the “back-door searches” loophole and ensure that the government does not read Americans’ emails or other communications without a warrant.  We will work to ensure that intelligence activities do not recklessly undermine confidence in American IT products and American IT employers. We will also continue to press for meaningful reforms of the outdated Foreign Intelligence Surveillance court process. This should include the establishment of a strong, independent advocate to ensure that the Court hears both sides of the argument.

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