Fergie's Tech Blog

Why NSA Spying Puts the U.S. in Danger

Ira Winkler writes on ComputerWorld:

As a former NSA analyst, I'm dismayed by the continuing revelations of the National Security Agency's warrantless -- and therefore illegal -- spying. The case involves fundamental issues related to NSA’s missions and long-standing rules of engagement. What's even more dismaying is the lack of public reaction to this.

Fundamentally, this is an issue of law. FISA, the Foreign Intelligence Surveillance Act, was established in 1978 to address a wide variety of issues revolving around Watergate, during which a president used foreign intelligence agencies to collect data on U.S. citizens. As part of FISA, the NSA has to get warrants to analyze and maintain collections of data involving U.S. citizens. FISA has withstood all tests until now, and it involves a fundamental aspect of the U.S. Constitution -- its system of checks and balances.

The FISA law allows NSA to request those warrants up to 72 hours after the fact -- that is, after the data has been analyzed. And lest you think that the courts from which such warrants are requested are staffed by a bunch of liberal, activist, criminal-coddling judges, they have reportedly turned down only five warrants in the last 28 years. So when President Bush says, "If Osama bin Laden is calling someone in the United States, we want to know about it," followed by his nervous laugh, he's laughing at the American public, since "knowing about it" is a totally irrelevant issue. FISA blocks no legitimate acquisition of knowledge.

posted by Fergie @ 5/25/2006 05:04:00 PM