HOME



Digby's Hullabaloo
2801 Ocean Park Blvd.
Box 157
Santa Monica, Ca 90405



Twitter:
@digby56
@DavidOAtkins

emails:
Digby:
digbysez at gmail
David:
isnospoon at gmail
Dennis:
satniteflix at gmail








Infomania

Salon
Buzzflash
Mother Jones
Raw Story
Huffington Post
Slate
Crooks and Liars
American Prospect
New Republic
Common Dreams
AmericanPoliticsJournal
Smirking Chimp
CJR Daily
consortium news

Blog-o-rama

Eschaton
BagNewsNotes
Daily Kos
Political Animal
Driftglass
Firedoglake
Taylor Marsh
Spocko's Brain
Talk Left
Suburban Guerrilla
Scoobie Davis
Echidne
Electrolite
Americablog
Tom Tomorrow
Left Coaster
Angry Bear
oilprice.com
Seeing the Forest
Cathie From Canada
Frontier River Guides
Brad DeLong
The Sideshow
Liberal Oasis
BartCop
Juan Cole
Rising Hegemon
alicublog
Unqualified Offerings
Alas, A Blog
RogerAiles
Lean Left
Oliver Willis
skippy the bush kangaroo
uggabugga
Crooked Timber
discourse.net
Amygdala
the talking dog
David E's Fablog
The Agonist


Saturday Night at the Movies by Dennis Hartley review archive

01/01/2003 - 02/01/2003 02/01/2003 - 03/01/2003 03/01/2003 - 04/01/2003 04/01/2003 - 05/01/2003 05/01/2003 - 06/01/2003 06/01/2003 - 07/01/2003 07/01/2003 - 08/01/2003 08/01/2003 - 09/01/2003 09/01/2003 - 10/01/2003 10/01/2003 - 11/01/2003 11/01/2003 - 12/01/2003 12/01/2003 - 01/01/2004 01/01/2004 - 02/01/2004 02/01/2004 - 03/01/2004 03/01/2004 - 04/01/2004 04/01/2004 - 05/01/2004 05/01/2004 - 06/01/2004 06/01/2004 - 07/01/2004 07/01/2004 - 08/01/2004 08/01/2004 - 09/01/2004 09/01/2004 - 10/01/2004 10/01/2004 - 11/01/2004 11/01/2004 - 12/01/2004 12/01/2004 - 01/01/2005 01/01/2005 - 02/01/2005 02/01/2005 - 03/01/2005 03/01/2005 - 04/01/2005 04/01/2005 - 05/01/2005 05/01/2005 - 06/01/2005 06/01/2005 - 07/01/2005 07/01/2005 - 08/01/2005 08/01/2005 - 09/01/2005 09/01/2005 - 10/01/2005 10/01/2005 - 11/01/2005 11/01/2005 - 12/01/2005 12/01/2005 - 01/01/2006 01/01/2006 - 02/01/2006 02/01/2006 - 03/01/2006 03/01/2006 - 04/01/2006 04/01/2006 - 05/01/2006 05/01/2006 - 06/01/2006 06/01/2006 - 07/01/2006 07/01/2006 - 08/01/2006 08/01/2006 - 09/01/2006 09/01/2006 - 10/01/2006 10/01/2006 - 11/01/2006 11/01/2006 - 12/01/2006 12/01/2006 - 01/01/2007 01/01/2007 - 02/01/2007 02/01/2007 - 03/01/2007 03/01/2007 - 04/01/2007 04/01/2007 - 05/01/2007 05/01/2007 - 06/01/2007 06/01/2007 - 07/01/2007 07/01/2007 - 08/01/2007 08/01/2007 - 09/01/2007 09/01/2007 - 10/01/2007 10/01/2007 - 11/01/2007 11/01/2007 - 12/01/2007 12/01/2007 - 01/01/2008 01/01/2008 - 02/01/2008 02/01/2008 - 03/01/2008 03/01/2008 - 04/01/2008 04/01/2008 - 05/01/2008 05/01/2008 - 06/01/2008 06/01/2008 - 07/01/2008 07/01/2008 - 08/01/2008 08/01/2008 - 09/01/2008 09/01/2008 - 10/01/2008 10/01/2008 - 11/01/2008 11/01/2008 - 12/01/2008 12/01/2008 - 01/01/2009 01/01/2009 - 02/01/2009 02/01/2009 - 03/01/2009 03/01/2009 - 04/01/2009 04/01/2009 - 05/01/2009 05/01/2009 - 06/01/2009 06/01/2009 - 07/01/2009 07/01/2009 - 08/01/2009 08/01/2009 - 09/01/2009 09/01/2009 - 10/01/2009 10/01/2009 - 11/01/2009 11/01/2009 - 12/01/2009 12/01/2009 - 01/01/2010 01/01/2010 - 02/01/2010 02/01/2010 - 03/01/2010 03/01/2010 - 04/01/2010 04/01/2010 - 05/01/2010 05/01/2010 - 06/01/2010 06/01/2010 - 07/01/2010 07/01/2010 - 08/01/2010 08/01/2010 - 09/01/2010 09/01/2010 - 10/01/2010 10/01/2010 - 11/01/2010 11/01/2010 - 12/01/2010 12/01/2010 - 01/01/2011 01/01/2011 - 02/01/2011 02/01/2011 - 03/01/2011 03/01/2011 - 04/01/2011 04/01/2011 - 05/01/2011 05/01/2011 - 06/01/2011 06/01/2011 - 07/01/2011 07/01/2011 - 08/01/2011 08/01/2011 - 09/01/2011 09/01/2011 - 10/01/2011 10/01/2011 - 11/01/2011 11/01/2011 - 12/01/2011 12/01/2011 - 01/01/2012 01/01/2012 - 02/01/2012 02/01/2012 - 03/01/2012 03/01/2012 - 04/01/2012 04/01/2012 - 05/01/2012 05/01/2012 - 06/01/2012 06/01/2012 - 07/01/2012 07/01/2012 - 08/01/2012 08/01/2012 - 09/01/2012 09/01/2012 - 10/01/2012 10/01/2012 - 11/01/2012 11/01/2012 - 12/01/2012 12/01/2012 - 01/01/2013 01/01/2013 - 02/01/2013 02/01/2013 - 03/01/2013 03/01/2013 - 04/01/2013 04/01/2013 - 05/01/2013 05/01/2013 - 06/01/2013 06/01/2013 - 07/01/2013 07/01/2013 - 08/01/2013 08/01/2013 - 09/01/2013 09/01/2013 - 10/01/2013 10/01/2013 - 11/01/2013 11/01/2013 - 12/01/2013 12/01/2013 - 01/01/2014 01/01/2014 - 02/01/2014 02/01/2014 - 03/01/2014 03/01/2014 - 04/01/2014 04/01/2014 - 05/01/2014 05/01/2014 - 06/01/2014 06/01/2014 - 07/01/2014 07/01/2014 - 08/01/2014 08/01/2014 - 09/01/2014 09/01/2014 - 10/01/2014 10/01/2014 - 11/01/2014


 

This page is powered by Blogger. Isn't yours?

Hullabaloo


Friday, January 24, 2014

 
The Big Chill

by digby

Scott Lemieux made an observation about the findings of the Civil Liberties Oversight board's findings that I think are important to keep at the forefront of our minds. Yes, the legality of the programs may be debatable. I happen to think this is just another case of the politicians legalizing unconstitutional government behavior and the courts acquiescing in a time of crisis. These things tend to take time to straighten out.

But this is the real and present danger we are facing with these NSA Mass data collection programs:

In a perverse way, programs that restrict civil liberties become self-justifying because of restrictions on civil liberties are simply assumed to increase security and order. For example, in their 2007 defense of Bush-era expansions of executive branch powers to combat terrorism, Terror in the Balance, the eminent legal scholars Eric Posner and Adrian Vermuele proceed under the (empirically undefended) assumption that there is a substantial policy space in which there is a direct tradeoff between civil liberties and national security. This assumption stacks the political deck against civil liberties, because most assertions of executive authority are assumed to increase national security by virtue of their burdens on freedom on the one hand, and on the other that the people most likely to have their rights violated are likely to be unpopular minorities. The tendency of public officials to exaggerate threats further throws the tradeoff out of balance.

But the NSA program illustrates that this assumed tradeoff is often unfounded. Even in theory, in a world of finite resources it's far from clear that collecting metadata is a better means of protecting national security than searches based on individualized suspicion. Analyses of metadata may reveal suspects and evidence that might otherwise go hidden, but they also consume valuable resources searching data generated by people with no connection to terrorism. Whether this tradeoff is beneficial is, at best, questionable. Generally, one doesn't add triple the size of the haystack before searching for the needle. Given the real burdens placed on fundamental rights, the burden of proof is on those asserting that the programs are effective enough to justify such burdens.

The report concludes, however, that such evidence is sorely lacking. The report concedes three theoretical advantages to preemptively collecting huge amounts of metadata: speed, historical depth, and breadth of potential contacts. That these programs have some value in theory, however, is insufficient to demonstrate that they are superior to other available methods or effective enough to justify their intrusions into the privacy of individuals. Ultimately, after considering a substantial number of cases where terrorist plots have been stopped, the report concludes that the NSA program does not come close to justifying its costs: Based on the information provided to the Board, we have not identified a single instance involving a threat to the United States in which the telephone records program made a concrete difference in the outcome of a counterterrorism investigation." In the rare cases where the metadata has provided leads pertaining to known terrorists, it had simply duplicated the work already being done by other law enforcement agencies such as the FBI.

And while the benefits of the program are ephemeral and at best speculative, the burdens are very real. The report shows in detail that the knowledge that communications being monitored can have a chilling effect on the speech and associational rights of journalists, activists, and scholars with no connection to terrorism. The report refers to Justice Sotomayor's already influential concurrence in U.S. v. Jones, in which she correctly observes that "[a]wareness that the Government may be watching chills associational and expressive freedoms. And the Government’s unrestrained power to assemble data that reveal private aspects of identity is susceptible to abuse."

It's the self-censorship, the hesitation, the fear that what you say or write or otherwise express today could be lurking somewhere on what Snowden referred to as your "permanent record" and come back to haunt you in the future. The collection of all this mass data amounts to a government dossier on every individual who has a cell phone or a computer. It's forcing journalists, teachers and political dissidents to be afraid of doing their jobs and exercising their democratic rights. It's making average citizens think twice about even doing silly things like search Amazon for pressure cookers or take a look at a controversial web-site.

And this is because no matter how much you may trust Barack Obama not to abuse that information it was only a few years ago that a man named Dick Cheney had access to it. Any of us can imagine what he might have done with it in the event of another major terrorist attack --- after all, the man hijacked the presidency and illegally ordered commercial planes to be shot down after the first one. You simply cannot rely on the good will of people like him to resist using that information for nefarious means in the future. And frankly, mere fact that the collection of all this information isn't giving results should make us all very leery about why they want it so badly.

The more power you give them the more they want, the more the bureaucracies need to justify themselves and ultimately the more tempting it will be to use the information for other purposes. It's just a very bad idea in every way.

.




Search Digby!