Sunday, August 18, 2013

The prospect of NSA abuse is now a reality

A “large number” of Americans had their telephone calls accidentally intercepted by the NSA when a top-secret order to eavesdrop on multiple phone lines for reasons of national security confused the international code for Egypt (20) with the area code for Washington (202). Seriously. Perhaps this is unavoidable. A couple of months back, I quoted Tocqueville’s prescient words from almost two centuries ago: Although absolute monarchy theoretically “clothed kings with a power almost without limits,” in practice “the details of social life and of individual existence ordinarily escaped his control.” In other words, the king couldn’t do it even if he wanted to. What would happen, Tocqueville wondered, if administrative capability were to evolve to bring “the details of social life and of individual existence” within His Majesty’s oversight? That world is now upon us. Today, the king concedes he most certainly can do it, but assures us not to worry, he doesn’t really want to. “If you look at the reports,” said President Obama earlier this month, “even the disclosures that Mr. Snowden’s put forward, all the stories that have been written, what you’re not reading about is the government actually abusing these programs and, you know, listening in on people’s phone calls or inappropriately reading people’s e-mails. What you’re hearing about is the prospect that these could be abused.” But that was a week ago. And the “prospect” is now a reality: “actual abuse” — including “listening in on people’s phone calls” and “inappropriately reading people’s e-mails” — occurs daily. In early 2012, “actual abuse” was occurring at the rate of ten “incidents” a day — and “incident” is a term of art that can cover hundreds of violations of thousands or even millions of citizens. Privacy is dying in all technologically advanced nations, and it may simply be a glum fact of contemporary existence that the right to live an unmonitored life is now obsolete unless one wishes to relocate to upcountry villages in Somalia or Waziristan. Nevertheless, even by the standards of other Western nations, America’s loss of privacy is deeply disturbing. Its bureaucracy is bigger and better funded, and its response to revelations of its abuse of power is to make it bigger and better funded and more bureaucratic still. For example, after multiple significant violations of the law in 2009, the NSA’s “oversight staff” was quadrupled. Quadrupled! Just like that! And what was the result of putting four times as many salaried, benefited, pensionable, fully credentialed government-licensed “overseers” in place? The rate of NSA violations increased dramatically through 2011. Who would have thought it? In the first quarter of 2012 the NSA’s executive-order violations were running at almost twice the rate of what they were in the second quarter of 2011. Maybe if they’d octupled the number of “oversight staff,” all these overseers would have been able to keep pace with the rampaging lawlessness...more

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