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The end of privacy

By
October 19, 2007

It suddenly turns out that U.S. intelligence agencies have been gathering much more information about American citizens than anyone thought or is appropriate and the nation’s largest communications companies have been part and parcel of these activities. Is anyone really surprised?

It doesn’t take a legal scholar to understand the constitutional ramifications of unsupervised data mining even in a world consumed by terrorist panic. While no one wants a repeat of Sept. 11, 2001, there are risks a republic must take to preserve the individual rights of its citizens, including the possibility that some scrap of intelligence might be missed because of the doctrine of probable cause.

Now the Senate — Republicans and Democrats — have reached a compromise with the White House to let the companies off the hook for their complicity in this most controversial aspect of the war on terror by making them immune from pending and future suits for invasion of privacy. They also have taken supervision of the spying program out of the hands of the Foreign Intelligence Surveillance Act Court. Using the constitutional machinery of proving the legality and need for this information might slow down the process after all and let someone slip through the net. At least that is always the argument in these cases and it was one telecom executives used repeatedly in justifying their cooperation.

Well, balderdash and far more severe expletives. Privacy is one of our most valuable possessions and it is extremely hard to maintain in this age of the Internet. Identity theft and the selling of personal information for commercial reasons are rampant despite a large number of safeguards adopted by Congress. Sadly, these measures seem to make it tough to find out simple information but easy to delve into the important stuff.

The other day, for instance, I called a major state university to see if I could locate a cousin I hadn’t seen in 50 years. Not only wouldn’t they say whether he graduated, which I knew he had, they refused without a court order to give me a contact number for him. The Privacy Act, I was told rather curtly. OK, but what about all those solicitations that have been sent to him not only by the university but also by those to whom the school has sold his and thousands of other names?

But it is one thing to have that sort of unwarranted intrusion and quite another for the government of the United States through the FBI or any other intelligence agency without court approval to collect the records of not only whom one called but whom that person called as a consequence. This multi-generational approach to spying reveals just how deeply the government is prepared to dig into the affairs of Americans without oversight. Wholesale abuse is not just a possibility it is a fact that already has been disclosed time and again since President Bush and his minions lost their perspective about what this country promises its citizens. Now they have intimidated the wishy-washy Congress.

The severity of this crime has increased dramatically with the capitulation, some apparently under duress, of the companies we expect to obey the laws and protect our personal interests. The former chief executive office of Qwest has said that he refused a government request for records because he found it illegal. As a consequence, he said, Qwest lost a federal contract.

It is adding insult to injury for the Congress to agree to immunize those companies involved in this activity from possible suit. In fact, it seems to me that every American who can prove he was the victim of an unwarranted intrusion — and there have been lots — should be beating a path to civil court. Obviously, federal prosecutions and fines probably would be out of the question seeing that it was the government who violated the rights in the first place.

The clear and present danger from terrorists demands certain actions that we would avoid during normal times. But there also is a clear and present danger to our welfare from those who ignore the Constitution in the name of national security. Granting them permission to avoid third party supervision because of expediency accomplishes a major terrorist goal — the destruction of our way of life. The government’s abuses during the 1970s and ’80s brought about creation of the FISA court for good reason. Does anyone believe that September 11, 2001 makes acceptable the further abuses that are certain to occur from this?

4 Responses to The end of privacy

  1. Sandra Price

    October 20, 2007 at 6:35 am

    Your are correct Seal. However the American people are not concerned with privacy. They feel that the government is on their side and will protect them. Even our founders did not trust the government and is why they wrote up the U.S. Constitution to protect the citzens. We forgot to educate the citizens of this fact and now the GOP has the government they always wanted with complete control over the people.

    Americans are intellectually lazy and would rather spend hours a day worrying about how much money Ebay will make on a Rush Limbaugh letter. Our voters have passed even being interested in our government.

    When the internet opened to all of us, we became fighters instead of educators and I am the perfect example of expressing my complete disgust with the American voters. We are too late.

    Give the voters the corruption they prefer and bring in the police state they want; right down to Blackwater to keep them in line. Legislate their morals and keep their kids in Christian bootcamps and then they will be content.

  2. barak

    October 20, 2007 at 7:55 am

    The present day apathy is disgusting. As a man who spent his 20s in the 60s I find that people today are amazingly reluctant to do anything to protect their rights and to protest the illegal and immoral acts of our government’s three branches.
    Rotten to the core is an understatement. The rot starts at the top and pervades even the judiciary and the bottom. Congress is pathetically silent about anything that used to mean something, like rights, illegal acts of the executive branch, or false and illegal and immoral wars. Their reaction is to give the Dali Lama some sort of award for his continuing life outside his former country WHICH does not even exist anymore. China owns it. It is China just as much as Guandong Province is China. Congress buries its head in the money pit and ignores the rampant abuses of Bush/Cheney, and the Supreme (not very supreme any more, if you ask me) Court supports all the pigs and thieves.
    Ali Baba and his band of 40 were pikers compared to our legislators and Executive Branch. But money aside, the worst theft of all is our freedom, our privacy, and our right to speak out without fear of retribution. All are dwindling fast if not already gone. Looking into our mobile phone records, seeing what books we check out of the library, listening to our phone calls, etc etc etc.
    When will it end, or maybe it just won’t ever end until we are much more under the government heel than even the people of North Korea are. Bush must love the ruler of North Korea–he is Bush’s idol and role model.
    And the truth goes, instead of marching on, goes right down the toilet with the rest of the shit being dumped on the American People.
    How very sad, how very bad a country we have become.

  3. Jenifer D.

    October 19, 2007 at 10:24 am

    It often makes me wonder how much dirt the white house has on congress and the senate for these branches of government to cave in so quickly. Data mining on private citizens is a big intrusion, not to mention a gross mishandling of confidentiality on the part of the companies who commit these crimes. Data mining on elected officials for the purpose of possible coercion (blackmail) to pass illegal and unconstitutional laws is an abomination to the entire country. On the other hand I just think some of our elected officials just want to get off work in time for happy hour at the local watering hole.

  4. SEAL

    October 19, 2007 at 9:24 pm

    Without oversight we become a dictatorship.

    I agree there has to be some reason congress continues to give Bush dictator status. The only difference between this congress and the last one is this one makes noise for a few days about how wrong it is before giving Bush whatever he wants. That makes them look worse than if they would just go ahead and do it.