Bigger Brother

[RJnAbbysNana]

Bigger Brother

Editorial
Published on Sunday, December 18, 2005 by the Los Angeles Times


President Bush was cavalier on Friday night when he told Jim Lehrer on PBS that a report about the National Security Agency eavesdropping on U.S. citizens was "not the main story of the day." He is entitled to his own news judgment, but it reveals a lot about his willingness to disregard constitutional safeguards and civil liberties while pursuing the war on terrorism. To the rest of us, the revelation in the New York Times that the National Security Agency has been eavesdropping on people within the United States without judicial warrants was stunning. In one of the more egregious cases of governmental overreach in the aftermath of 9/11, Bush secretly authorized the monitoring, without any judicial oversight, of international phone calls and e-mail messages from the United States.

The news came on the same day that Congress voted not to extend controversial aspects of the soon-to-expire Patriot Act, and on the heels of disturbing reports that the Pentagon's shadowy Counterintelligence Field Activity office has been keeping tabs on domestic antiwar groups, including monitoring Quaker meetings, under the guise of protecting military installations. The program is reminiscent of official efforts to spy on antiwar groups in the 1960s.

The scandalous abuse of Americans' civil liberties in that period led in the 1970s to a new set of laws aimed at curtailing domestic espionage by intelligence agencies. To balance national security needs with our constitutional liberties, the Foreign Intelligence Surveillance Act created secret "FISA" courts in which the Federal Bureau of Investigation and other federal agencies can covertly obtain warrants to eavesdrop on suspected spies (now terrorists too) in the United States. These courts are generally efficient and deferential to the government. Yet the Bush administration still opted to cut them out of the process in some cases; warrants are still sought to intercept all communications that took place entirely within the United States.

Some critics say the FISA courts are too slow to issue decisions in an environment in which every minute counts, and that Cold War laws are ill-suited for a war on amorphous terrorist cells. If that's the case, the administration and Congress should have worked together to alter the courts' procedures or to amend the law. Instead, the White House unilaterally opted to exempt much of its antiterrorism efforts from any kind of judicial oversight — just as it tried doing with its policies regarding detainees.

cont..........

http://www.commondreams.org/views05/1218-29.htm