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WillyT

(72,631 posts)
Tue Nov 26, 2013, 11:31 AM Nov 2013

End the N.S.A. Dragnet, Now - NYT

End the N.S.A. Dragnet, Now
By RON WYDEN, MARK UDALL and MARTIN HEINRICH - NYT
Published: November 25, 2013

<snip>

WASHINGTON — THE framers of the Constitution declared that government officials had no power to seize the records of individual Americans without evidence of wrongdoing, and they embedded this principle in the Fourth Amendment. The bulk collection of Americans’ telephone records — so-called metadata — by the National Security Agency is, in our view, a clear case of a general warrant that violates the spirit of the framers’ intentions. This intrusive program was authorized under a secret legal process by the Foreign Intelligence Surveillance Court, so for years American citizens did not have the knowledge needed to challenge the infringement of their privacy rights.

Our first priority is to keep Americans safe from the threat of terrorism. If government agencies identify a suspected terrorist, they should absolutely go to the relevant phone companies to get that person’s phone records. But this can be done without collecting the records of millions of law-abiding Americans. We recall Benjamin Franklin’s famous admonition that those who would give up essential liberty in the pursuit of temporary safety will lose both and deserve neither.

The usefulness of the bulk collection program has been greatly exaggerated. We have yet to see any proof that it provides real, unique value in protecting national security. In spite of our repeated requests, the N.S.A. has not provided evidence of any instance when the agency used this program to review phone records that could not have been obtained using a regular court order or emergency authorization.

Despite this, the surveillance reform bill recently ratified by the Senate Intelligence Committee would explicitly permit the government to engage in dragnet collection as long as there were rules about when officials could look at these phone records. It would also give intelligence agencies wide latitude to conduct warrantless searches for Americans’ phone calls and emails.

This is not the true reform that poll after poll has shown the American people want. It is preserving business as usual. When the Bill of Rights was adopted, it established that Americans’ papers and effects should be seized only when there was specific evidence of suspicious activity. It did not permit government agencies to issue general warrants as long as records seized were reviewed with the permission of senior officials.

<snip>

More: http://www.nytimes.com/2013/11/26/opinion/end-the-nsa-dragnet-now.html?hp&rref=opinion&_r=0


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End the N.S.A. Dragnet, Now - NYT (Original Post) WillyT Nov 2013 OP
My senator wrote a basic flaw here. grasswire Nov 2013 #1
End the NSA, period... Blue_Tires Nov 2013 #2

grasswire

(50,130 posts)
1. My senator wrote a basic flaw here.
Tue Nov 26, 2013, 12:18 PM
Nov 2013

"Our first priority is to keep Americans safe from the threat of terrorism."

Whether the "our" in that sentence refers to Congress or to we the people, this is wrong.

Our FIRST PRIORITY is to protect and defend the Constitution!


The CONSTITUTION!

I'm a bit surprised by this.

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