Millions of innocent Americans become part of the NSA data base.
Reference: "USA Today" 11-12 May 2006
Reference: "USA Today" 11-12 May 2006
Is this a brouhaha or what? Well, it looks like both. Let's take a good look at the assumptions and ramifications.
How it is supposed to work:
- Known al Qa'ida operatives make phone calls.
- Said phone calls fit a pattern.
- Said pattern can be uniquely separated from patterns generated by the public.
- Said pattern leads to other cells and suspects.
- Arrests and convictions occur.
How it actually works:
- Known al Qa'ida operatives rarely or never make phone calls.
- Any phone calls may or may not fit a pattern.
- Said pattern or patterns include numerous innocent Americans, too numerous to count.
- Americans are included in a data base accessible by anyone with a "need to know" defined by the masters of the system.
- There is no accounting as to the effectiveness of this data base in securing indictments of terrorists.
- Meanwhile al Qa'ida operatives communicate serious information by more secure means.
Some serious legal, moral and technical problems:
- If al Qa'ida operatives are known, then the FISA court will allow wire tapping.
- If said operatives are not known, where does it start; where does it end?
- Either way, innocent Americans have been made vulnerable for Mr. Bush cannot possibly monitor each agency having access to the data base, much less the many individuals involved.
It all boils down to this:
If a terror operative is known, present law permits wire tapping. If a terror operative is not known, any data base is worthless for its intended purpose. In either event, the data base is vulnerable to political or other misuse. |
Does the Fourth Amendment have a glaring weakness or what? One thing for sure, we are not told by the NSA. This does not mean the NSA does not do valuable research, it surely does. Our problem has to do with the fact that the FISA Judges were not asked for an opinion as to the legality of collecting a data base that has no bounds, that nets innumerable innocent, patriotic Americans, making them potentially vulnerable in ways that should be foreclosed by the Constitution as our founding fathers intended.
Posted by RoadToPeace on Friday, May 12, 2006.
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