Saturday, December 24, 2005

More on wiretaps

When the wiretap story broke, the Chicago Tribune invited readers to send letters to the editor. I was pleased to see that a large majority of the letters they printed were critical of the warrantless surveillance policy, although I don't know if this is a representative sample of public opinion. My question is: What is wrong with that other small minority?

The justifications given seem to be (a) it is necessary to keep us safe, and (b) he who has nothing to hide has nothing to fear. Wrong and wrong. My previous entry on this subject rebuts the former argument. As for the latter, why do the same people who always complain that government is by nature inept and inefficient suddenly trust that unchecked executive powers will be used with infinite wisdom? We do need an effective government, but we do not need a government that treats its citizens as a strict, protective parent would.

It's been in the media this week that President Bush, in his 2004 campaign, frequently reassured voters that their civil liberties were being respected by saying that warrants were required for wiretaps. A recent MSNBC Hardball segment played a clip from July 14, 2004 in which Bush said:
Any action that takes place by law enforcement requires a court order. In other words, the government can't move on wiretaps, or roving wiretaps, without getting a court order.

Now that we see he's been circumventing the FISA court, he's singing a different tune.

Lastly, today's New York Times ran a story on how the surveillance is part of a much larger data mining operation in which large telecommunications companies are complicit. The Chicago Tribune got the story from the Times' wire service and ran it with this headline: "Nation's phones tapped: Government analyzing massive amount of calls, e-mail traffic." Paranoid yet?

3 Comments:

Blogger Mark M said...

Antonio: Um... George Clooney... yee-aahh. Call me dense, but I don't get it. This ain't about the movies, Tony -- I'm talking about real-life high crimes and misdemeanors, ones involving something a little more serious than a blow job.

12/26/2005 08:45:00 PM  
Blogger Mark M said...

Antonio... Hooray! You got one right. The internment of Japanese-Americans was indeed a huge infringement on civil liberties. You won't see me defending that, regardless of Roosevelt's party affiliation. Maybe we should impeach President Roosevelt posthumously?

Tony, the thing about FISA is that it doesn't tie the President's hands. As long as there really is probable cause, the FISA court is practically a rubber stamp, and FISA allows the government to begin surveillance immediately, before any warrant is issued.

I'm not saying there shouldn't be surveillance, that we shouldn't track those who wish to do us harm. As you say, the executive branch does have the authority to conduct surveillance. It's just that we have processes to do it. And these are processes that President Bush himself has acknowledged he was required to follow.

12/27/2005 03:13:00 PM  
Blogger Mark M said...

Antonio: I think you mean David Rivkin, with an 'i', frequent contributor to right-wing mag National Review. Now, there's an unbiased source.

As for the warrantless searches the executive branch has the authority to conduct, if I understand the law correctly, this applies only to "non-U.S. persons." So Rivkin is wrong.

By the way, I notice that the digital ink is hardly dry on my comments before you post your rebuttal, as if you're hanging on my every word. I'm flattered.

12/27/2005 04:16:00 PM  

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