Obama: “The NSA Cannot Listen to Your Telephone Calls, Cannot Target Your Emails”

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Buzzfeed has a partial transcript of President Obama’s interview with Charlie Rose airing tonight on PBS, with some of Obama’s clearest and most direct statements about the Snowden case:

Barack Obama: Well, in the end, and what I’ve said, and I continue to believe, is that we don’t have to sacrifice our freedom in order to achieve security. That’s a false choice. That doesn’t mean that there are not tradeoffs involved in any given program, in any given action that we take. So all of us make a decision that we go through a whole bunch of security at airports, which when we were growing up that wasn’t the case…. And so that’s a tradeoff we make, the same way we make a tradeoff about drunk driving. We say, “Occasionally there are going to be checkpoints. They may be intrusive.” To say there’s a tradeoff doesn’t mean somehow that we’ve abandoned freedom. I don’t think anybody says we’re no longer free because we have checkpoints at airports.

Charlie Rose: But there is a balance here.

Barack Obama: But there is a balance, so I’m going to get to your — get to your question. The way I view it, my job is both to protect the American people and to protect the American way of life, which includes our privacy. And so every program that we engage in, what I’ve said is “Let’s examine and make sure that we’re making the right tradeoffs.” Now, with respect to the NSA, a government agency that has been in the intelligence gathering business for a very long time —

Charlie Rose: Bigger and better than everybody else.

Barack Obama: Bigger and better than everybody else, and we should take pride in that because they’re extraordinary professionals; they are dedicated to keeping the American people safe. What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls, and the NSA cannot target your emails … and have not. They cannot and have not, by law and by rule, and unless they — and usually it wouldn’t be “they,” it’d be the FBI — go to a court, and obtain a warrant, and seek probable cause, the same way it’s always been, the same way when we were growing up and we were watching movies, you want to go set up a wiretap, you got to go to a judge, show probable cause….

So point number one, if you’re a U.S. person, then NSA is not listening to your phone calls and it’s not targeting your emails unless it’s getting an individualized court order. That’s the existing rule. There are two programs that were revealed by Mr. Snowden, allegedly, since there’s a criminal investigation taking place, and they caused all the ruckus. Program number one, called the 2015 Program, what that does is it gets data from the service providers like a Verizon in bulk, and basically you have call pairs. You have my telephone number connecting with your telephone number. There are no names. There is no content in that database. All it is, is the number pairs, when those calls took place, how long they took place. So that database is sitting there. Now, if the NSA through some other sources, maybe through the FBI, maybe through a tip that went to the CIA, maybe through the NYPD. Get a number that where there’s a reasonable, articulable suspicion that this might involve foreign terrorist activity related to Al-Qaeda and some other international terrorist actors. Then, what the NSA can do is it can query that database to see did any of the — did this number pop up? Did they make any other calls? And if they did, those calls will be spit out. A report will be produced. It will be turned over to the FBI. At no point is any content revealed because there’s no content that —

Charlie Rose: So I hear you saying, I have no problem with what NSA has been doing.

Barack Obama: Well, let me — let me finish, because I don’t. So, what happens is that the FBI — if, in fact, it now wants to get content; if, in fact, it wants to start tapping that phone — it’s got to go to the FISA court with probable cause and ask for a warrant.

Charlie Rose: But has FISA court turned down any request?

Barack Obama: The — because — the — first of all, Charlie, the number of requests are surprisingly small… number one. Number two, folks don’t go with a query unless they’ve got a pretty good suspicion.

Charlie Rose: Should this be transparent in some way?

Barack Obama: It is transparent. That’s why we set up the FISA court…. The whole point of my concern, before I was president — because some people say, “Well, you know, Obama was this raving liberal before. Now he’s, you know, Dick Cheney.” Dick Cheney sometimes says, “Yeah, you know? He took it all lock, stock, and barrel.” My concern has always been not that we shouldn’t do intelligence gathering to prevent terrorism, but rather are we setting up a system of checks and balances? So, on this telephone program, you’ve got a federal court with independent federal judges overseeing the entire program. And you’ve got Congress overseeing the program, not just the intelligence committee and not just the judiciary committee — but all of Congress had available to it before the last reauthorization exactly how this program works.

Now, one last point I want to make, because what you’ll hear is people say, “Okay, we have no evidence that it has been abused so far.” And they say, “Let’s even grant that Obama’s not abusing it, that all these processes — DOJ is examining it. It’s being renewed periodically, et cetera — the very fact that there is all this data in bulk, it has the enormous potential for abuse,” because they’ll say, you know, “You can — when you start looking at metadata, even if you don’t know the names, you can match it up, if there’s a call to an oncologist, and there’s a call to a lawyer, and — you can pair that up and figure out maybe this person’s dying, and they’re writing their will, and you can yield all this information.” All of that is true. Except for the fact that for the government, under the program right now, to do that, it would be illegal. We would not be allowed to do that.

Charlie Rose: So, what are you going to change? Are you going to issue any kind of instructions to the Director of National Intelligence, Mr. Clapper, and say, “I want you to change it at least in this way”?

Barack Obama: Here’s what we need to do. But before I say that — and I know that we’re running out of time, but I want to make sure I get very clear on this. Because there has been a lot of mis-information out there. There is a second program called the 702 program. And what that does is that does not apply to any U.S. person. Has to be a foreign entity. It can only be narrowly related to counter-terrorism, weapons proliferation, cyber hacking or attacks, and a select number of identifiers — phone numbers, emails, et cetera. Those — and the process has all been approved by the courts — you can send to providers — the Yahoos or the Googles, what have you. And in the same way that you present essentially a warrant. And what will happen then is that you there can obtain content. But again, that does not apply to U.S. persons. And it’s only in these very narrow bands. So, you asked, what should we do? …What I’ve said is — is that what is a legitimate concern — a legitimate critique — is that because these are classified programs — even though we have all these systems of checks and balances, Congress is overseeing it, federal courts are overseeing it — despite all that, the public may not fully know. And that can make the public kind of nervous, right? Because they say, “Well, Obama says it’s okay — or Congress says it’s okay. I don’t know who this judge is. I’m nervous about it.” What I’ve asked the intelligence community to do is see how much of this we can declassify without further compromising the program, number one. And they are in that process of doing so now so that everything that I’m describing to you today, people, the public, newspapers, etc., can look at because frankly, if people are making judgments just based on these slides that have been leaked, they’re not getting the complete story.

Number two. I’ve stood up a privacy and civil liberties oversight board, made up of independent citizens including some fierce civil libertarians. I’ll be meeting with them. And what I want to do is to set up and structure a national conversation, not only about these two programs, but also the general problem of data, big data sets, because this is not going to be restricted to government entities.

Charlie Rose: Let me just ask you this. If someone leaks all this information about NSA surveillance, as Mr. Snowden did…. Did it cause national security damage to the United States, and therefore, should he be prosecuted?

Barack Obama: I’m not going to comment on prosecution…. The case has been referred to the DOJ for criminal investigation… and possible extradition. I will leave it up to them to answer those questions.

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117 comments
1 Charles Johnson  Mon, Jun 17, 2013 2:32:30pm

Buzzfeed’s headline: “Obama Defends NSA Spying.”

2 erik_t  Mon, Jun 17, 2013 2:34:37pm

A completely worthwhile and appropriate and accurate and well-reasoned response… which is about three pages too long. But at the same time, no shorter than it probably could be.

As always, a lie can be halfway around the world before the truth gets it shoes on.

3 Vicious Babushka  Mon, Jun 17, 2013 2:34:40pm

GAH

4 triple  Mon, Jun 17, 2013 2:35:45pm
Barack Obama: Well, let me — let me finish, because I don’t. So, what happens is that the FBI — if, in fact, it now wants to get content; if, in fact, it wants to start tapping that phone — it’s got to go to the FISA court with probable cause and ask for a warrant.

Charlie Rose: But has FISA court turned down any request?

Barack Obama: The — because — the — first of all, Charlie, the number of requests are surprisingly small… number one. Number two, folks don’t go with a query unless they’ve got a pretty good suspicion.

This is highly misleading. Here are the numbers.

In 2012 FISC got 1856 requests. The government ended up withdrawing one request, FISC modified 40, but didn’t reject a single one.

computerworld.com

Is that “surprisingly small” by any standard?

5 erik_t  Mon, Jun 17, 2013 2:35:51pm

American patriots = people fleeing the United States of America because they’re unwilling to understand how civil disobedience works.

Go home Guardian, you’re drunk.

6 jaunte  Mon, Jun 17, 2013 2:36:12pm

re: #3 Vicious Babushka

I think he means “leakers.”

7 stabby  Mon, Jun 17, 2013 2:37:25pm

Why is it that no one remembers that Obama was a professor of constitutional law?

8 jaunte  Mon, Jun 17, 2013 2:37:42pm

re: #3 Vicious Babushka

Gary Younge: “They seek to liberate not land or people, but information.”

No secrets for anyone, then?

9 Dr. Matt  Mon, Jun 17, 2013 2:37:59pm

re: #7 stabby

Why is it that no one remembers that Obama was a professor of constitutional law?

Why are you speaking on the behalf of others?

10 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 2:38:07pm

re: #4 triple

This is highly misleading. Here are the numbers.

In 2012 the FISA court got 1856 requests.

It denied one.

Is that “surprisingly small” by any standard?

Yes.

11 erik_t  Mon, Jun 17, 2013 2:38:46pm

re: #4 triple

In 2012 the FISA court got 1856 requests.

Is that “surprisingly small” by any standard?

Let’s go to my favorite place, the back of the envelope.

If we believe that it’s a twenty million dollar program, and we figure half of that goes to employees, each of which costs the federal government $200k/year, that would imply fifty employees, each working about 300 days a year, which would imply about 60 man-hours per request.

That sounds like a non-trivial level of diligence performed on a case-by-case basis. It doens’t sound like a shotgun blast. Your mileage may vary.

12 stabby  Mon, Jun 17, 2013 2:39:15pm

re: #9 Dr. Matt

Yes, I am speaking for others.

For all the the pundits who are shitting their pants over this.

Do you have a problem with that? Want some of their shit?

13 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 2:40:14pm

re: #12 stabby

Yes, I am.

For all the the pundits who are shitting their pants over this.

Do you have a problem with that? Want some of their shit?

You are simply a delight, Stabby. Charm on wheels.

14 triple  Mon, Jun 17, 2013 2:40:27pm

re: #11 erik_t

Let’s go to my favorite place, the back of the envelope.

If we believe that it’s a twenty million dollar program, and we figure half of that goes to employees, each of which costs the federal government $200k/year, that would imply fifty employees, each working about 300 days a year, which would imply about 60 man-hours per request.

That sounds like a non-trivial level of diligence performed on a case-by-case basis. Your mileage may vary.

There’s a non-trivial level of diligence performed on a case-by-case basis for the “normal” justice system as well, but courts aren’t a rubber stamp and deny requests for a warrant all the time. Why is FISC any different?

15 darthstar  Mon, Jun 17, 2013 2:40:36pm

re: #3 Vicious Babushka

GAH

Glenn’s nickname in kindergarten was ‘Tattle-tale’

16 Charles Johnson  Mon, Jun 17, 2013 2:40:39pm

re: #4 triple

The standard of reasonable suspicion is so high that cases are already thoroughly vetted by the time they reach the FISA court. It’s not surprising that so few are denied - the level of preparation and evidence is very high.

It would be more concerning if there were LOTS of denied cases, because that would mean the government was consistently pushing the limits of its authority.

17 stabby  Mon, Jun 17, 2013 2:40:46pm

re: #13 Absalom, Absalom, Obdicut

So was the guy snapping at my heels. You too.

18 erik_t  Mon, Jun 17, 2013 2:41:29pm

re: #14 triple

There’s a non-trivial level of diligence performed on a case-by-case basis for the “normal” justice system as well, but courts aren’t a rubber stamp and deny requests for a warrant all the time. Why is FISC any different?

I don’t think that’s a comparison that can reasonably be made 1:1. For example, in this case, there are no random beat cops flagging down people for walking while black.

19 Dr. Matt  Mon, Jun 17, 2013 2:42:29pm

re: #12 stabby

Yes, I am speaking for others.

For all the the pundits who are shitting their pants over this.

Do you have a problem with that? Want some of their shit?

Yes, I do have a problem with that. Since when can you speak on the behalf of “all the the pundits who are shitting their pants over this”? How do you know “no one remembers that Obama was a professor of constitutional law”? Please provide your evidence that the “pundits who are shitting their pants over this” have forgotten that “Obama was a professor of constitutional law”. We’ll wait for your thesis.

20 darthstar  Mon, Jun 17, 2013 2:42:32pm
21 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 2:42:38pm

re: #17 stabby

So was the guy snapping at my heels. You too.

Please proceed.

22 simoom  Mon, Jun 17, 2013 2:43:24pm

re: #4 triple

Is that “surprisingly small” by any standard?

Yes. In the wake of highly publicized, BS claims of the NSA scooping up next to everything, I imagine many Americans would find the numbers of total law enforcement requests that the companies have been releasing “surprisingly small.”

23 erik_t  Mon, Jun 17, 2013 2:43:24pm

re: #21 Absalom, Absalom, Obdicut

Please proceed.

I’d just as soon he not. We all know where this ends: derailment, downdings, and derp.

24 stabby  Mon, Jun 17, 2013 2:43:29pm

re: #19 Dr. Matt

I’m sure there are people here who understand what I’m saying.
I’m talking to them. Have a nice day.

25 Dr. Matt  Mon, Jun 17, 2013 2:44:58pm

re: #24 stabby

I’m sure there are people here who understand what I’m saying.
.

Once again, you are speaking on behalf of others.

Seek therapy.

26 stabby  Mon, Jun 17, 2013 2:45:34pm

re: #25 Dr. Matt

You don’t even know what you’re attacking me for.

27 erik_t  Mon, Jun 17, 2013 2:45:55pm

And the rails: we’re already off them.

Hooooray/

28 GeneJockey  Mon, Jun 17, 2013 2:46:26pm

re: #4 triple

Is that “surprisingly small” by any standard?

Hmmmm. Let’s see. In a nation of 300,000,000+ people, there were 1856 warrants requested in a year. That sure doesn’t sound like they’re listening in on all of us.

29 Dr. Matt  Mon, Jun 17, 2013 2:47:12pm

re: #26 stabby

You don’t even know what you’re attacking me for.

I’m not attacking you. Quit playing the victim.

30 wrenchwench  Mon, Jun 17, 2013 2:47:20pm

re: #16 Charles Johnson

The standard of reasonable suspicion is so high that cases are already highly vetted by the time they reach the FISA court. It’s not surprising that so few are denied - the level of preparation and evidence is very high.

It would be more concerning if there were LOTS of denied cases, because that would mean the government was consistently pushing the limits of its authority.

Also, I read somewhere that when they go before the judge, they find out what’s wrong with their request and alter it on the spot to come into compliance, and then get approved.

It’s not like judges are trying to obstruct the security systems put in place by the government. That’s the Republicans. Uh, and the Libertarians, and the firebaggers, and whatnot.

31 triple  Mon, Jun 17, 2013 2:47:55pm

re: #16 Charles Johnson

And you don’t think it’s concerning at all that the only oversight a massive surveillance program has is a (secret) court that always says yes?

And I agree with you - it’s probably all above board. There are some good people working at the NSA and I don’t think they’re reading emails just for kicks. It’s the fact that there is a substantial program at all, which has the capability to be misused by an administration that might not be as ethical as the one currently in office. That’s what’s scary.

You remember in batman, where Bruce setup that massive cell phone listening thing, and morgan freeman said I can’t be a part of this? No one thought batman was about to misuse the power, it was the fact that no one should have that power in the first place.

32 stabby  Mon, Jun 17, 2013 2:48:59pm

re: #29 Dr. Matt

I don’t feel like a victim when I’m being bit by toothless gums over some shallow point of style that only shows that you didn’t bother to understand what you read.

33 Stanghazi  Mon, Jun 17, 2013 2:49:32pm

re: #20 darthstar

Return the Super Bowl ring Putin.

34 thedopefishlives  Mon, Jun 17, 2013 2:49:36pm

re: #31 triple

And you don’t think it’s concerning at all that the only oversight a massive surveillance program has is a (secret) court that always says yes?

And I agree with you - it’s probably all above board. There are some good people working at the NSA and I don’t think they’re reading emails just for kicks. It’s the fact that there is a substantial program at all, which has the capability to be misused by an administration that might not be as ethical as the one currently in office. That’s what’s scary.

No, I don’t. They always say yes because the cases brought before them are all solid. If they weren’t, they would say no.

35 GeneJockey  Mon, Jun 17, 2013 2:50:48pm

I think, Stabby, you’re not speaking FOR others so much as you are speaking OF others, i.e. pundits, paulites and panderers who wish to whip up paranoia among the masses.

They love the simple story - Your government is spying on you! - because it’s so much simpler to understand than “We have a lot of capabilities we don’t use, and we have tried to ensure that there are as many safeguards as possible while still allowing us to detect and disrupt terrorist plots.”

36 Gus  Mon, Jun 17, 2013 2:50:59pm

re: #33 Stanghazi

Return the Super Bowl ring Putin.


Hurry!

37 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 2:51:11pm

re: #31 triple

And you don’t think it’s concerning at all that the only oversight a massive surveillance program has is a (secret) court that always says yes?

See, there’s already been a counter-argument to that: That the court says yes because the request are well-formulated, and when they’re not, it sends them back for rewrite. I understand you may not believe this, but you have to at least accept it as an argument, not just ignore it.

Do you understand that the data exists independently of the NSA— that the telcoms, for example, have your phone data? Do you trust them with it in a way you don’t trust a court-moderated process?

38 triple  Mon, Jun 17, 2013 2:51:46pm

re: #34 thedopefishlives

No, I don’t. They always say yes because the cases brought before them are all solid. If they weren’t, they would say no.

Has it ever occured to you the cases brought before them are always solid because there is no defense attorney present.. at all?

All cases are solid when you only listen to the prosecution.

(I understand it’s a warrant court. Just making a point.)

39 Stanghazi  Mon, Jun 17, 2013 2:51:51pm

re: #36 Gus

Hurry!

I don’t have the ability. YOU GO.

40 erik_t  Mon, Jun 17, 2013 2:53:02pm

re: #31 triple

And you don’t think it’s concerning at all that the only oversight a massive surveillance program has is a (secret) court that always says yes?

There is as much oversight here as there will be in any other Secret program. Multiple branches of government are involved. Congress is briefed, and has the power to revise the system as they see fit. Those that have been so briefed apparently, on both sides of the aisle, by broad majorities, see fit to keep the system as-is.

What would you have them do differently? Is there some percent-rejected number that would mollify your concerns? I’m not seeing much else to be done.

41 thedopefishlives  Mon, Jun 17, 2013 2:53:03pm

re: #38 triple

Has it ever occured to you the cases brought before them are always solid because there is no defense attorney present.. at all?

All cases are solid when you only listen to the prosecution.

That last sentence is completely incorrect.

42 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 2:53:27pm

re: #38 triple

Um… a request for a warrant doesn’t get you a defense attorney, not in a normal court.

43 GeneJockey  Mon, Jun 17, 2013 2:53:29pm

re: #31 triple

And you don’t think it’s concerning at all that the only oversight a massive surveillance program has is a (secret) court that always says yes?

The reason the court is secret should be obvious. That they always say yes might also be because the FBI, NSA, etc. do not wish to waste time pushing the envelope, so they vet the requests before they’re made.

44 Belafon  Mon, Jun 17, 2013 2:53:53pm

re: #31 triple

If the capability to misuse something were all it took to close it, we would have very few things in life, and the government wouldn’t be able to do much of anything. Using that bar, the government couldn’t”
1. Run the post office
2. Build and maintain roads
3. Have and use the military
4. Have courts
5. Have the police/FBI.
6. Have the CDC
The potential for misuse exists in just about everything, for example, child raising. That’s not a bar you can use for any kind of real judgement. What you have to do is evaluate the person who will be using it.

45 triple  Mon, Jun 17, 2013 2:54:09pm

re: #42 Absalom, Absalom, Obdicut

Um… a request for a warrant doesn’t get you a defense attorney, not in a normal court.

You also can’t retroactively get a warrant in a normal court.

/the more you know

46 Gus  Mon, Jun 17, 2013 2:54:12pm

re: #39 Stanghazi

I don’t have the ability. YOU GO.

Sign it with your Twitter name?

47 Decatur Deb  Mon, Jun 17, 2013 2:55:22pm

re: #16 Charles Johnson

The standard of reasonable suspicion is so high that cases are already thoroughly vetted by the time they reach the FISA court. It’s not surprising that so few are denied - the level of preparation and evidence is very high.

It would be more concerning if there were LOTS of denied cases, because that would mean the government was consistently pushing the limits of its authority.

An NPR discussion of the court approvals said that almost all requests are modified by the court and requesting agency in a back-and-forth “wirebrushing” process. It’s cooperative, not adversarial, by design.

48 thedopefishlives  Mon, Jun 17, 2013 2:55:27pm

re: #41 thedopefishlives

Lemme ‘splain. No, that’d take too long, let me sum up.

You seem to be laboring under the misapprehension that a judge or panel of judges must Automagically (tm) grant any request that is brought unopposed. This is far from the case; even if the opponent has no objections, the judge is free to deny any motion he/she sees fit so long as the denial is in accordance with established code and case law.

49 Charles Johnson  Mon, Jun 17, 2013 2:55:43pm

re: #31 triple

And you don’t think it’s concerning at all that the only oversight a massive surveillance program has is a (secret) court that always says yes?

Pretty sure I didn’t say that. Yes, I do find it concerning, but the more I learn about the real details behind these systems, and the levels of oversight and limitations, the less I’m willing to accept the more overheated fear-mongering that’s going on.

Yes, let’s discuss it, let’s identify the problems and fix whatever needs to be fixed, but let’s just stop with the paranoia already.

50 Sionainn  Mon, Jun 17, 2013 2:56:26pm

re: #4 triple

Is that “surprisingly small” by any standard?

Yes.

51 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 2:56:28pm

re: #45 triple

You also can’t retroactively get a warrant in a normal court.

/the more you know

Now there, you see, you’ve hit on a legitimate difference. Do you understand that this is true, and a valid objection but “you don’t get a defense attorney” makes no sense as an objection?

52 triple  Mon, Jun 17, 2013 2:57:51pm

re: #49 Charles Johnson

I’m not paranoid, but lets forget about Snowden, Obama, the players involved. The personalities are not important here.

The NSA should not, at a fundamental level, have this level of access with this level of oversight. You need to either increase the oversight or decrease the access. And in all cases, they need to increase the transparency so we know what our own government is capable of.

53 erik_t  Mon, Jun 17, 2013 2:59:33pm

re: #52 triple

The NSA should not, at a fundamental level, have this level of access with this level of oversight.

Because?

You need to either increase the oversight

How?

And in all cases, they need to increase the transparency so we know what our own government is capable of.

This sounds to me like a blanket statement in opposition of any information being secret, ever. That’s not a practical position to hold, in my opinion.

54 Charles Johnson  Mon, Jun 17, 2013 2:59:56pm

re: #38 triple

Has it ever occured to you the cases brought before them are always solid because there is no defense attorney present.. at all?

There’s no defense attorney in a grand jury hearing either.

55 Decatur Deb  Mon, Jun 17, 2013 3:00:47pm

NPR transcript on how sausages are made:

npr.org

56 GeneJockey  Mon, Jun 17, 2013 3:04:14pm

re: #52 triple

I’m not paranoid, but lets forget about Snowden, Obama, the players involved. The NSA should not, at a fundamental level, have this level of access with this level of oversight. You need to either increase the oversight or decrease the access. And in all cases, they need to increase the transparency so we know what our own government is capable of.

In a way, that’s like saying, “Let’s forget about all the safeguards in place to prevent the launch of a nuclear missile. The DoD should not, at a fundamental level, have this level of destructive capability with this level of oversight.”

Governments, by their nature, have massive capabilities. They print money, they own the biggest and baddest weapons, they have the greatest ability to spy. This should be obvious. The question is, what is there to prevent abuse. We have adopted a 3-branch government, wherein each branch has it’s own authority, but that authority is limited by oversight by the other two.

You may wish for a government hobbled by lack of capability rather than oversight, but I think that would be a dangerously disarmed government.

57 EPR-radar  Mon, Jun 17, 2013 3:04:32pm

re: #49 Charles Johnson

Pretty sure I didn’t say that. Yes, I do find it concerning, but the more I learn about the real details behind these systems, and the levels of oversight and limitations, the less I’m willing to accept the more overheated fear-mongering that’s going on.

Yes, let’s discuss it, let’s identify the problems and fix whatever needs to be fixed, but let’s just stop with the paranoia already.

Obama has asked the IC to see if some of this stuff can be declassified, which would probably be helpful.

The old joke runs that a good prosecutor can get a grand jury to indict a ham sandwich. It is a legitimate question to ask if the FISA court is playing the role of the cooperative grand jury here.

Another analogous issue is utility regulation. Public utility commissions that are supposed to impartially rule on the merits of requests by utilities to raise rates tend to see things only from the utility’s point of view if the only parties are the commission and the utility.

Some states have established offices to argue against rate increases in utility commission proceedings.

58 triple  Mon, Jun 17, 2013 3:05:08pm
This sounds to me like a blanket statement in opposition of any information being secret, ever. That’s not a practical position to hold, in my opinion.

That is not what transparency means. For example, we know our government has nuclear submarines. We don’t know where they are.

In a similar fashion, I believe we should know our government is recording this data. That doesn’t mean we need to know what they found or who they’re targeting. It shouldn’t take someone running off to HK for the public to know this is happening.

59 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 3:06:17pm

re: #56 GeneJockey

I think that there’s a ton of overreach in the PATRIOT act, especially since it’s mostly been repurposed to fight the stupid drug war. And that is the biggest driver, far more than ‘terrorism’ threat, to increased police and prosecutorial powers.

60 erik_t  Mon, Jun 17, 2013 3:06:32pm

re: #58 triple

In a similar fashion, I believe we should know our government is recording this data. That doesn’t mean we need to know what they found or who they’re targeting.

To my knowledge, the NSA has not taken any action that wasn’t rather explicitly authorized in the Patriot Act, a publically available document that was debated in public, voted on in public, and reauthorized in public.

61 wrenchwench  Mon, Jun 17, 2013 3:07:26pm

re: #55 Decatur Deb

NPR transcript on how sausages are made:

npr.org

Thanks. I think that’s where I got the info in the first paragraph here.

62 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 3:08:15pm

re: #58 triple

You’re skipping over quite a lot of stuff. Let me try again. And also, use the ‘reply’ button on a post to ‘reply’ to people.


1. Do you understand the data exists whether the government collects it or not— that it is the telcos recording the data?

2. Do you understand that when a warrant or subpeona is issued in normal court you do not have a defense attorney to fight that?

3. Do you understand that simply saying “The government could abuse this power” is not a sufficient argument for the not government having that power?

63 Decatur Deb  Mon, Jun 17, 2013 3:08:32pm

re: #60 erik_t

To my knowledge, the NSA has not taken any action that wasn’t rather explicitly authorized in the Patriot Act, a publically available document that was debated in public, voted on in public, and reauthorized in public.

By fear-driven public representatives of both parties, operating at their most shameful level since the Red Scare.

64 darthstar  Mon, Jun 17, 2013 3:08:36pm

Chuck Todd called you out, Charles. :)

65 GeneJockey  Mon, Jun 17, 2013 3:10:02pm

re: #59 Absalom, Absalom, Obdicut

I think that there’s a ton of overreach in the PATRIOT act, especially since it’s mostly been repurposed to fight the stupid drug war. And that is the biggest driver, far more than ‘terrorism’ threat, to increased police and prosecutorial powers.

But that’s a different issue. It’s not that there’s no oversight, or even that it’s failed. It’s that we as a people chose to allow the overreach. We can also choose to curtail it.

66 EPR-radar  Mon, Jun 17, 2013 3:10:27pm

re: #63 Decatur Deb

By fear-driven public representatives of both parties, operating at their most shameful level since the Red Scare.

I’m getting crankier these days —- I’m this close to wanting the Patriot Act to be repealed simply because of the acronym constructed for it when it was first passed.

67 erik_t  Mon, Jun 17, 2013 3:10:48pm

re: #63 Decatur Deb

By fear-driven public representatives of both parties, operating at their most shameful level since the Red Scare.

Oh my yes. I’ll print the thing out and burn it and film it on Youtube if someone is willing to crowdsource the thirteen reams of paper.

68 dragonath  Mon, Jun 17, 2013 3:10:53pm

HOW CAN WE TRUST OBAMA THE KENYAN USURPER. CLEARLY THE ONLY ONE WE CAN TRUST IS LUAP DNAR

69 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 3:12:23pm

Let me put it this way. To the extent the US is a ‘sprawling police state’, it is that way because we incarcerate huge numbers of people, a very disproportionate number of whom are black and Hispanic, for non-violent drug-related crimes. We criminalize addiction. This has been the case for a Nixon of years now, and we have seen the increase in police powers that’s gone along with it.

Now Bradely Manning whitely gets himself locked up and white as Snowden is concerned about these NSA investigations, and suddenly this big reveal is supposed to be what shows the US is a police state?

70 darthstar  Mon, Jun 17, 2013 3:12:57pm

I suck at TV trivia.

71 GeneJockey  Mon, Jun 17, 2013 3:13:23pm

re: #68 dragonath

And that’s the crux of it. When the PATRIOT Act, and things like Bush’s Executive overreach were being discussed, I asked a simple question: These powers you want President Bush to have - would you be comfortable with Hillary Clinton having them?

72 erik_t  Mon, Jun 17, 2013 3:13:27pm

I’ve got things to do, but I hope triple isn’t being downdinged out of force of habit. There are fair criticisms of this program, and I think there’s more than a few grains of truth to his concerns. Moreover, I think his attitude reflects a rather broad segment of the techie population, and we need to be able to answer these questions thoughtfully and honestly. God Himself knows that the media isn’t bothering to do so.

73 Charles Johnson  Mon, Jun 17, 2013 3:13:41pm

re: #64 darthstar

Chuck Todd called you out, Charles. :)

I got it from Buzzfeed - no mention of any embargo there. They’re probably going to be off Charlie Rose’s list now.

74 darthstar  Mon, Jun 17, 2013 3:14:13pm

re: #73 Charles Johnson

I got it from Buzzfeed - no mention of any embargo there. They’re probably going to be off Charlie Rose’s list now.

Chuck Todd is just whining because he didn’t get to say FRIST!

75 EPR-radar  Mon, Jun 17, 2013 3:14:20pm

re: #69 Absalom, Absalom, Obdicut

Let me put it this way. To the extent the US is a ‘sprawling police state’, it is that way because we incarcerate huge numbers of people, a very disproportionate number of whom are black and Hispanic, for non-violent drug-related crimes. We criminalize addiction. This has been the case for a Nixon of years now, and we have seen the increase in police powers that’s gone along with it.

Now Bradely Manning whitely gets himself locked up and white as Snowden is concered about these NSA investigations, and suddenly this big reveal is supposed to be what shows the US is a police state?

IOW, NSA spying is a white person’s issue. I’ve forgotten where I first saw that, but it hit home.

Not 100% true, IMO, but it has enough truth to it to sting.

76 darthstar  Mon, Jun 17, 2013 3:14:37pm
77 Walking Spanish Down the Hall  Mon, Jun 17, 2013 3:14:50pm

A question I’ve asked before that still nags at me - why do so many in the US need something to fear?

It doesn’t sound healthy.

78 Charles Johnson  Mon, Jun 17, 2013 3:14:57pm

re: #69 Absalom, Absalom, Obdicut

Privilege.

79 GeneJockey  Mon, Jun 17, 2013 3:15:02pm

re: #69 Absalom, Absalom, Obdicut

Let me put it this way. To the extent the US is a ‘sprawling police state’, it is that way because we incarcerate huge numbers of people, a very disproportionate number of whom are black and Hispanic, for non-violent drug-related crimes. We criminalize addiction. This has been the case for a Nixon of years now, and we have seen the increase in police powers that’s gone along with it.

Now Bradely Manning whitely gets himself locked up and white as Snowden is concered about these NSA investigations, and suddenly this big reveal is supposed to be what shows the US is a police state?

Ah. Good point.

80 darthstar  Mon, Jun 17, 2013 3:15:42pm
81 Decatur Deb  Mon, Jun 17, 2013 3:15:47pm

re: #76 darthstar

Loon on flight to Newark claiming to poison passengers stood in the aisle and started shouting about NSA and Snowden.

Well at least he’s keeping up with the news.

82 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 3:16:12pm

Texas is currently prosecuting a case where they’re using DNA evidence to convict three defendants while refusing to allow DNA evidence in that’d exonerate another defendant.

That’s a big fucking problem.

The San Francisco police lab, for a period of several years, had a cocaine-addicted unqualified lab tech fabricating results, somewhat obviously, with cops knowing she was the one to submit stuff to if you wanted a positive result.

Both of those should be, as far as domestic civil rights go, far, far biggest stories than this. But they’re not nearly as sexy, cops aren’t as hot as the NSA, it doesn’t feed into any grand conspiracy story, it’s just people being assholes and cutting corners.

83 Decatur Deb  Mon, Jun 17, 2013 3:16:58pm

re: #77 Walking Spanish Down the Hall

A question I’ve asked before that still nags at me - why do so many in the US need something to fear?

It doesn’t sound healthy.

We were designed to operate among Pleistocene megafauna—bad cats.

84 dragonath  Mon, Jun 17, 2013 3:17:53pm

re: #66 EPR-radar

I’m getting crankier these days —- I’m this close to wanting the Patriot Act to be repealed simply because of the acronym constructed for it when it was first passed.

And who could forget the “Clean Skies Act”?

Seriously, though.

H R 3162 2/3 YEA-AND-NAY 24-Oct-2001 11:05 AM
QUESTION: On Motion to Suspend the Rules and Pass
BILL TITLE: To deter and punish terrorist acts in the United States and around the world

YEAS NAYS PRES NV
REPUBLICAN 211 3 5
DEMOCRATIC 145 62 4
INDEPENDENT 1 1
TOTALS 357 66 9

85 GeneJockey  Mon, Jun 17, 2013 3:18:00pm

re: #82 Absalom, Absalom, Obdicut

But they’re not nearly as sexy, cops aren’t as hot as the NSA, it doesn’t feed into any grand conspiracy story, it’s just people being assholes and cutting corners.

It’s only a conspiracy if the person being bugged/wiretapped/searched is white. If not, it’s just ‘good police work’.

86 wrenchwench  Mon, Jun 17, 2013 3:19:21pm

re: #58 triple

It shouldn’t take someone running off to HK for the public to know this is happening.

It didn’t.

[…]

In fact, the American public has known that the NSA has extensive Internet-spying programs since 2000.

That’s when “60 Minutes” reported: “If you made a phone call today or sent an e-mail to a friend, there’s a good chance what you said or wrote was captured and screened by the country’s largest intelligence agency.”

The “60 Minutes” report exposed the existence of a program called Echelon, through which the governments of Canada, Great Britain, Australia and New Zealand worked in coordination to spy on each other’s citizens on the Internet.

If you read the transcript from that “60 Minutes” episode, Echelon sounds like a more invasive program than PRISM.

“60 Minutes” is a massively popular news program. Ten million, sometimes 20 million people, watch it every Sunday. Even more watched it back in 2000.

[…]

87 GeneJockey  Mon, Jun 17, 2013 3:21:05pm

re: #75 EPR-radar

IOW, NSA spying is a white person’s issue. I’ve forgotten where I first saw that, but it hit home.

Not 100% true, IMO, but it has enough truth to it to sting.

JUST LIKE A LIBTARD TO PLAY THE RACE CARD!!! LIBERALS ARE THE REAL RACISTS!!!11!1!

True as it is, this is one of those things that the privileged don’t see. Hell, I think I’m pretty good for a middle aged, affluent white guy, and I didn’t see what Obdi’s point was till he (he?) explained it.

88 Charles Johnson  Mon, Jun 17, 2013 3:21:07pm

re: #69 Absalom, Absalom, Obdicut

One of the more annoying tactics the people who defend Greenwald’s “brutal prison state” comment use is to impugn your morality and intelligence by implying you don’t know how bad the US prison system is.

Yes, I know how bad the US fucking prison system is, and I know it’s out of control, as Obdi says, largely because of the bullshit war on drugs.

But try to tell me this means the US is a BRUTAL PRISON STATE, and I don’t even. I recognize Greenwald’s comment for fringe far left/right libertarian bullshit precisely because I AM aware of how bad it is, but also because I’m aware of how bad it is elsewhere, and how bad it’s gotten in history.

89 b.d.  Mon, Jun 17, 2013 3:21:15pm

re: #74 darthstar

Chuck Todd is that middle pupal stage between a David Gregory and a Luke Russert

90 darthstar  Mon, Jun 17, 2013 3:21:47pm

re: #89 b.d.

Chuck Todd is that middle pupal stage between a David Gregory and a Luke Russert

So he’s a Chris Wallace?

91 simoom  Mon, Jun 17, 2013 3:23:08pm

Declan McCullagh is at it again. He essentially makes the same claim again, but with Snowden’s Q&A as his source. Oh and Greenwald promoted it:


On Sunday, Director of National Intelligence James Clapper released a carefully-worded statement in response to a CNET article and other reports questioning when intelligence analysts can listen to domestic phone calls.

You didn’t question anything Declan, you claimed outright that the NSA admitted it.

92 GeneJockey  Mon, Jun 17, 2013 3:23:33pm

re: #90 darthstar

So he’s a Chris Wallace?

ouch.

93 dragonath  Mon, Jun 17, 2013 3:23:35pm

Arizona to keep requiring citizenship proof on state voter forms

In direct contravention of the Supreme Court.

94 darthstar  Mon, Jun 17, 2013 3:24:14pm

re: #92 GeneJockey

ouch.

At least I didn’t call him a Wolf Blitzer.

95 wrenchwench  Mon, Jun 17, 2013 3:25:11pm

re: #72 erik_t

I’ve got things to do, but I hope triple isn’t being downdinged out of force of habit. There are fair criticisms of this program, and I think there’s more than a few grains of truth to his concerns. Moreover, I think his attitude reflects a rather broad segment of the techie population, and we need to be able to answer these questions thoughtfully and honestly. God Himself knows that the media isn’t bothering to do so.

I have refrained. I also refrained from dinging or typing to Stabby after your comment above about that.

But should I refrain from posting this?

18 triple 4/07/2007 11:49:06 am PDT


oh good, i finally got registered. thanks for that.

personally the whole “amputate theives” thing is the only part of sharia I agree with. so, awesome.

Probably a joke, it was the topic of the thread. Also, many of us have evolved since then….

96 Romantic Heretic  Mon, Jun 17, 2013 3:25:22pm

re: #88 Charles Johnson

One of the more annoying tactics the people who defend Greenwald’s “brutal prison state” comment use is to impugn your morality and intelligence by implying you don’t know how bad the US prison system is.

I always ask these people, “If the U.S. is a prison state, why are you still walking around and talking?”

97 GeneJockey  Mon, Jun 17, 2013 3:25:33pm

re: #94 darthstar

At least I didn’t call him a Wolf Blitzer.

Wait - were you not making a pun on “Chrysalis”?

98 Charles Johnson  Mon, Jun 17, 2013 3:25:47pm

re: #91 simoom

Declan McCullagh is at it again. He essentially makes the same claim again, but with Snowden’s Q&A as his source. Oh and Greenwald promoted it:


You didn’t question anything Declan, you claimed outright that the NSA admitted it.

They’re deliberately trying to trick people at this point. That CNET article got them huge traffic, and it looks like they don’t care that it was also a pile of absolute shite. The era of fear-mongering click-bait journalism.

99 Walking Spanish Down the Hall  Mon, Jun 17, 2013 3:25:51pm

re: #83 Decatur Deb

We were designed to operate among Pleistocene megafauna—bad cats.

I must be weird, I don’t go looking for frightening things.

100 Romantic Heretic  Mon, Jun 17, 2013 3:26:57pm

re: #99 Walking Spanish Down the Hall

I always tell people, “Excitement is highly overrated.”

101 Charles Johnson  Mon, Jun 17, 2013 3:28:40pm
102 Decatur Deb  Mon, Jun 17, 2013 3:29:06pm

re: #99 Walking Spanish Down the Hall

I must be weird, I don’t go looking for frightening things.

Almost everything I enjoy is frightening—parachutes, SCUBA, motorcycles, fatherhood.

103 darthstar  Mon, Jun 17, 2013 3:29:15pm

re: #97 GeneJockey

Wait - were you not making a pun on “Chrysalis”?

Damn…didn’t even realize that…wish I had.

104 wrenchwench  Mon, Jun 17, 2013 3:32:28pm

re: #99 Walking Spanish Down the Hall

I must be weird, I don’t go looking for frightening things.

You don’t have to—you’re in Canada! Mooses, huge snow falls, they come to you!

105 darthstar  Mon, Jun 17, 2013 3:32:32pm
106 DesertDenizen  Mon, Jun 17, 2013 3:37:39pm

So, if the United States is “brutal prison state”, why was Snowden allowed to hop on an airplane for Hong Kong? Where was his exit visa? How did he get through the exacting background check allowing him to leave the country? Where are they holding his loved ones as collatteral against his return? Oh, wait, we can come and go as we please? Some prison!

107 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 3:39:59pm

re: #106 DesertDenizen

So, if the United States is “brutal prison state”, why was Snowden allowed to hop on an airplane for Hong Kong? Where was his exit visa? How did he get through the exacting background check allowing him to leave the country? Where are they holding his loved ones as collatteral against his return? Oh, wait, we can come and go as we please? Some prison!

You can check out any time you want, but you can never leave.

108 Lancelot Link  Mon, Jun 17, 2013 3:40:36pm

re: #101 Charles Johnson

World Net Daily does it on the right, Greenwald and now CNet do it on the left. They meet somewhere out beyond Pluto.

They call that place the “Prison Planet

109 dragonath  Mon, Jun 17, 2013 3:40:46pm

I’m getting tired of seeing the same goddam picture of Greenwald over and over again. Those eyes are invading my privacy man.

Image: Glenn_greenwald_portrait.jpg?70e0a1

110 GeneJockey  Mon, Jun 17, 2013 3:46:50pm

re: #101 Charles Johnson

This is the era of fear-mongering click-bait journalism.

Is Real Journalism being strangled in America today? Read this story and find out!!!

111 GeneJockey  Mon, Jun 17, 2013 3:51:20pm

re: #105 darthstar

My favorite part of the MMFA writeup is O’Keefe’s reaction to Breitbart telling him he’d gone too far with that crazy, incomprehensible ‘dildo boat’ plot:

“Andrew knew his stuff,” O’Keefe counters, “but his conclusions were not always right.”

Dude, if ANDREW FUCKING BREITBART says you’ve gone too far, you’ve gone so far past ‘Too Far’ that you can’t even see ‘Too Far’ in you rearview.

112 Absalom, Absalom, Obdicut  Mon, Jun 17, 2013 3:56:21pm
113 Bubblehead II  Mon, Jun 17, 2013 3:56:45pm

re: #29 Dr. Matt

I’m not attacking you. Quit playing the victim.

/// But he does it so well

114 Backwoods_Sleuth  Mon, Jun 17, 2013 4:03:15pm

re: #58 triple

That is not what transparency means. For example, we know our government has nuclear submarines. We don’t know where they are.

In a similar fashion, I believe we should know our government is recording this data. That doesn’t mean we need to know what they found or who they’re targeting. It shouldn’t take someone running off to HK for the public to know this is happening.

I updinged that because you just now said what is actually happening now and we know it, we have always known it.
Why is what you just said so difficult for you to comprehend?
Unless, of course, you demand to know exactly all of WHAT is being recorded, which will defeat the rest of your argument, in which case, I reserve the use of my downding…

115 Bubblehead II  Mon, Jun 17, 2013 4:06:41pm

re: #58 triple

That is not what transparency means. For example, we know our government has nuclear submarines. We don’t know where they are.

In a similar fashion, I believe we should know our government is recording this data. That doesn’t mean we need to know what they found or who they’re targeting. It shouldn’t take someone running off to HK for the public to know this is happening.

What the hell? Dude, Our Government has been doing this shit from at least WW II. If you haven’t the brains to realize that, then you are an idiot.

Hell, I do it just for shits a giggles. Ever hear of a thing called a scanner? Might be surprised at what you hear on those baby monitors and wireless phones.

116 Justanotherhuman  Mon, Jun 17, 2013 4:23:48pm

re: #101 Charles Johnson

And at a point on the right/left political continuum, they meet, as in, Hitler/Stalin.

Just as so many weren’t concerned about the Bush regime doing worse, they’re now more upset about the fact that a Black man is actually President and working to right some of those wrongs. And trying to stymie him at the same time, obstructing, lying, sitting on their paychecks passing bills to name post offices, and ginning up “scandals”. and that’s just the right wing. The left wing is falling in line with this particular meme because their racism is simply buried more deeply.

Yes, this is Whitey’s fight and they’re trying to stack the deck.

117 Joanne  Mon, Jun 17, 2013 4:39:48pm

re: #98 Charles Johnson

And CNET hits younger, tech folks. They’re being bamboozled.


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