Well now... Things just took a turn towards interesting, didn't they?
USA Today has a major scoop today (who knew they had investigatory chops like this?) that can be summed up in two words: data mining:
| The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.
The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans — most of whom aren't suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews. "It's the largest database ever assembled in the world," said one person, who, like the others who agreed to talk about the NSA's activities, declined to be identified by name or affiliation. The agency's goal is "to create a database of every call ever made" within the nation's borders, this person added. For the customers of these companies, it means that the government has detailed records of calls they made — across town or across the country — to family members, co-workers, business contacts and others. The three telecommunications companies are working under contract with the NSA, which launched the program in 2001 shortly after the Sept. 11 terrorist attacks, the sources said. The program is aimed at identifying and tracking suspected terrorists, they said. |
There have been rumors floating around about this for months now, and the EFF has already filed a lawsuit against the companies involved. There are, after all, entirely separate laws that prohibit their sharing of customer data with anyone, including the government, without the necessary warrants.
And that's where this is all going to come crashing down on Bush. It's one thing to order the NSA to break the law by conducting domestic surveillance on its own. Its another thing entirely to ask private companies to break the law with you. Our president might not know that, but Congress certainly does. And they are already saying so:
| The top-ranking Democrat on the Senate Judiciary Committee said he was shocked by the revelation about the NSA.
"It is our government, it's not one party's government. It's America's government. Those entrusted with great power have a duty to answer to Americans what they are doing," Sen. Patrick Leahy of Vermont. The Republican chairman of the Senate Judiciary Committee, Sen. Arlen Specter of Pennsylvania, said he would call the phone companies to appear before the panel in pursuit of what had transpired. "We're really flying blind on the subject and that's not a good way to approach the Fourth Amendment and the constitutional issues involving privacy," Specter said of domestic surveillance in general. The companies said Thursday that they are protecting customers' privacy but have an obligation to assist law enforcement and government agencies in ensuring the nation's security. "We prize the trust our customers place in us. If and when AT&T is asked to help, we do so strictly within the law and under the most stringent conditions," the company said in a statement, echoed by the others[...] On Capitol Hill, several lawmakers expressed incredulity about the program, with some Republicans questioning the rationale and legal underpinning and several Democrats railing about the lack of congressional oversight. "I don't know enough about the details except that I am willing to find out because I'm not sure why it would be necessary to keep and have that kind of information," said House Majority Leader John Boehner, R-Ohio. Republican Sen. Lindsey Graham, R-S.C., told Fox News Channel: "The idea of collecting millions or thousands of phone numbers, how does that fit into following the enemy?" Sen. Dick Durbin, D-Ill., said bringing the telephone companies before the Judiciary Committee is an important step. |
The thing Bush just doesn't understand about this is that, from a political standpoint, he's going to lose virtually all of the libertarian conservatives on this, and he's going to lose them for good. Authentic conservatism at its core is built on a fundamental mistrust of power, authority, and government. That's why throughout our history it has been conservatives who have fallen hardest for anti-communist rhetoric, since communism is the ultimate big government boogeyman.
But this is big news, and Bush has already been forced to address it directly. He would neither confirm nor deny the program, so make of that what you will. Here is a brief bit of his remarks.
| "The privacy of ordinary Americans is fiercely protected in all our activities. We're not mining or trolling through the personal lives of millions of innocent Americans," Bush said[...]
"The intelligence activities I authorized are lawful and have been briefed to appropriate members of Congress, both Republican and Democrat," Bush said. |
Watch the wording there, because it is very important. "The intelligence activities I authorized are lawful." On numerous occasions he has already made clear that as Commander in Chief the law is what he says it is. Thus, by definition, anything he authorizes is lawful. But of course, the constitution says no such thing. And eventually that will catch up to him. The thing about pushing the limits of the law is that quite often when you are successful, you push further. Given that the Congress has gone 5+ years without holding any real oversight hearings, its not a surprise that Bush would think he can do whatever he pleases.
And then, there's also this bit:
| "Our efforts are focused on links to al Qaeda and their known affiliates." |
I'm not sure if Bush is being disingenuous with this or if he simply doesn't understand how intelligence gathering, and data mining in particular, works. My guess is that its the first, but I'm willing to accept either one.
The point of intelligence is, of course, to learn things that you do not already know. It is, to use Rumsfeld's famous phrases, to make both "known unknowns" and "unknown unknowns" known. Which means that by definition the program cannot target only "al Qaeda and their known affiliates." and that if it is it is woefully incomplete.
This story is moving rapidly, and its only going to pick up speed over the next few weeks. Three more developments worth nothing:
First, Raw Story is reportingthat 72 members of Congress have signed their names to an amicus brief in an ACLU lawsuit designed to stop the warrantees wiretapping program. It's hard to tell if this is the same suit as the EFF one mentioned above, or it this new revelation would be covered by this suit, but its worth watching. So far none of the Democratic leadership has signed on. Let's hope that changes in the very near future.
| Seventy two members of Congress filed papers late Wednesday seeking to end President George W. Bush's warrantless NSA eavesdropping program, RAW STORY has learned.
The filing came just before a report Thursday in USA Today which revealed that the National Security Agency's warrantless wiretapping program had collected call records on tens of millions of Americans through agreements with AT&T, Verizon and BellSouth. It also comes a day after lawyers looking into the NSA program abruptly closed their probe after the Bush Administration refused to grant them clearances. The 71 Democrats and one independent filed an amicus brief in two federal courts reviewing challenges to the warrantless wiretapping program in Detroit and New York, joining the American Civil Liberties Union and the Center for Constitutional Rights. Both suits demand the program be stopped. Top Democrats did not sign the call. Neither House Minority Leader Nancy Pelosi (D-CA) nor House Minority Whip Steny Hoyer (D-MD) have joined the brief." |
Second, several months back the Justice department had opened an inquiry into the legality of the NSA's ongoing program. The White House was naturally not pleased. And so, to make it all go away, they've refused to grant the security clearances necessary for the investigators to do their work. No oversight allowed. The law is what the president says it is, and that is the final word.
| WASHINGTON (AP) — The government has abruptly ended an inquiry into the warrantless eavesdropping program because the National Security Agency refused to grant Justice Department lawyers the necessary security clearance to probe the matter.
The Justice Department's Office of Professional Responsibility, or OPR, sent a fax to Rep. Maurice Hinchey, D-N.Y., on Wednesday saying they were closing their inquiry because without clearance their lawyers cannot examine Justice lawyers' role in the program. "We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program," OPR counsel H. Marshall Jarrett wrote to Hinchey. Hinchey's office shared the letter with The Associated Press. Jarrett wrote that beginning in January, his office has made a series of requests for the necessary clearances. Those requests were denied Tuesday. "Without these clearances, we cannot investigate this matter and therefore have closed our investigation," wrote Jarrett. |
Finally, last but certainly not least, don't forget Bush' appointment of Gen. Hayden to head the CIA. Hayden has personally overseen the NSA warrantees wiretapping program, a topic that will no doubt be of considerable interest in both of his confirmation hearings. And yes, my understanding is that unless he retires from active duty, there will be two hearings: one for the position as head of the CIA, and the other for his transfer to a position technically outside the military chain of command. (I looked for confirmation of this online but couldn't find it. Anyone?)
As I said, this story will continue to move quickly this week. I'll only be able to blog off and on, but Glenn Greenwald will no doubt be all over this. Stay tuned....
UPDATE: One HUGE catch from Glenn already. I had heard that Qwest refused to participate in the program. What I missed was their reasoning. They asked the government to take the program to FISA, and the government refused. Qwest promptly told them to shove off. Now... I wonder if there is any way for me to use Qwest for any of my telecomm needs here in the Northeast. Because behavior like this needs to be rewarded.
0 TrackBacks
Listed below are links to blogs that reference this entry: THE DOMESTIC SPYING SCANDAL GROWS.
TrackBack URL for this entry: http://blog.alexwhalen.com/cgi-bin/mt/mt-tb.cgi/111
Subscribe to this blog's feed
Leave a comment