TGIF: Power Thrives in Complexity

In a democracy citizens prevent the government from abusing them by staying informed and exercising their “rights” under the system. They monitor the politicians’ and bureaucrats’ conduct, and when citizens see what they consider misbehavior, they act to stop it either by communicating to their “representatives” or by voting for better people at the next election.

That’s the theory. 

The National-Security State Lives

Sen. Rand Paul accomplished something worthwhile when, almost single-handedly, he saw to it that Section 215 of the Patriot Act expired. For that he deserves our heartfelt thanks.

But where does the expiration now leave us opponents of indiscriminate government spying on innocent people ? Not in such a great place. Shortly after 215 disappeared, the Senate passed the House’s watered-down USA Freedom Act, which perhaps puts some meaningful, though modest restrictions on the government’s access to our communications data, but about which the civil-liberties community properly has decidedly mixed feelings. With or without the so-called Freedom Act, however, the government’s ability to conduct mass surveillance, unrestrained by the “probable cause” standard in the Constitution, lives on. The NSA and kindred agencies have had many more arrows in their quiver than Section 215. An appeals court had already ruled that what the government was doing -- collecting everyone’s “metadata” -- exceeded what 215 appeared to permit. Yet the NSA proceeded anyway.

Thanks, Rand Paul

I'm pretty sure the NSA will continue to spy on us one way or another, but that should not detract from Rand Paul's unswerving efforts to block reauthorization of the section of the PATRIOT Act that the government used (illegally) to collect bulk data about our phone calls. For now, that section is expired.

Keep up the good work!

Let the Clock Run Out on the NSA

Regarding the feverish effort either to reauthorize, “reform,” or abolish the National Security Agency’s collection of our phone and email data, two things need to be said:

First, thank you, Edward Snowden.

Second, isn’t it great to see the ruling elite panicking?

Phone Surveillance Must End

You probably are not a terrorist. Chances are the government doesn’t even suspect you of knowing a terrorist. Even so, the National Security Agency (NSA) — without a warrant — collects information about your — and every other American’s — phone calls. Edward Snowden blew the whistle on this bulk-data-collection program.

Read the rest of my article "Phone Surveillance Must End," written for the Independent Institute, at The Daily Caller.

Are Journalists More Trustworthy than State Personnel?

Art Silber says no, and he's right. Edward Snowden leaked a ton of documents, but the Guardian says it has published only 1 percent -- and that's all it will publish. Who wins in the end, the people or the national-security state? Silber nails it:

Consider the enormous value of the hugely restricted publication of the Snowden documents to the various States involved. Rusbridger, Greenwald, et al. all trumpet the great triumph represented by the "debate" publication has engendered -- the clamor of public voices demands "reform," so committees will be formed, investigations will be undertaken, and when the dust has settled, life for the States involved will go on almost exactly as before (remember: if the NSA were disbanded today, identical surveillance would continue via other agencies and institutions of power) -- and the States will be able to claim that the public knows the "truth," and their activities now have the full blessing of informed public consent.

Read about it here.

TGIF: The Phony Trade-Off between Privacy and Security

When we're told that we must trade some privacy to gain security, don't believe it. Read about it here.

This Week's Scribblings

Op-ed: "Big Brother, Not Snowden and Greenwald, Is the Story"

Snowden and Greenwald have not “aided the enemy” — unless the American people are the government’s enemy. What they have done is embarrass the Obama administration by exposing criminal activity.

 For the media’s defenders of power against truth, that’s inexcusable.

TGIF: "Is Edward Snowden a Lawbreaker?"

Lex injusta non est lex — an unjust law is not a law.

Media Priorities

If the television talking heads spent half the time discussing NSA spying that they spend sneering at Edward Snowden and Glenn Greenwald, the people might actually get mad at Big Brother.

Just Wondering

Has the NSA spying ceased pending the debate?

TGIF: It’s Not Edward Snowden Who Betrayed Us

TGIF this week cuts through the NSA fog to show that how one comes down on the controversy depends on whether or not one trusts power.

Op-ed: Obama Speaks with Forked Tongue on Surveillance

My take on the revelations about the NSA's spying.  Bottom line:

Obama says, “If people can’t trust not only the executive branch but also don’t trust Congress and don’t trust federal judges to make sure that we’re abiding by the Constitution, due process and rule of law, then we’re going to have some problems here.”

That’s wrong. If the politicians’ only response to revelations that they’re violating our privacy is to ask for trust, then we already have problems.