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The Criminal NSA
The New York Times OpEd ^ | 6/27/2013 | JENNIFER STISA GRANICK and CHRISTOPHER JON SPRIGMAN

Posted on 07/02/2013 10:10:36 AM PDT by GVnana

Op-Ed Contributors

The Criminal N.S.A.

By JENNIFER STISA GRANICK and CHRISTOPHER JON SPRIGMAN

Published: June 27, 2013

THE twin revelations that telecom carriers have been secretly giving the National Security Agency information about Americans’ phone calls, and that the N.S.A. has been capturing e-mail and other private communications from Internet companies as part of a secret program called Prism, have not enraged most Americans. Lulled, perhaps, by the Obama administration’s claims that these “modest encroachments on privacy” were approved by Congress and by federal judges, public opinion quickly migrated from shock to “meh.”

It didn’t help that Congressional watchdogs — with a few exceptions, like Senator Rand Paul, Republican of Kentucky — have accepted the White House’s claims of legality. The leaders of the Senate Intelligence Committee, Dianne Feinstein, Democrat of California, and Saxby Chambliss, Republican of Georgia, have called the surveillance legal. So have liberal-leaning commentators like Hendrik Hertzberg and David Ignatius.

This view is wrong — and not only, or even mainly, because of the privacy issues raised by the American Civil Liberties Union and other critics. The two programs violate both the letter and the spirit of federal law. No statute explicitly authorizes mass surveillance. Through a series of legal contortions, the Obama administration has argued that Congress, since 9/11, intended to implicitly authorize mass surveillance. But this strategy mostly consists of wordplay, fear-mongering and a highly selective reading of the law. Americans deserve better from the White House — and from President Obama, who has seemingly forgotten the constitutional law he once taught.

->snip<-

Jennifer Stisa Granick is the director of civil liberties at the Stanford Center for Internet and Society. Christopher Jon Sprigman is a professor at the University of Virginia School of Law.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government
KEYWORDS: benghazi; fastandfurious; impeachnow; irs; nsaleaks
We may never know all the details of the mass surveillance programs, but we know this: The administration has justified them through abuse of language, intentional evasion of statutory protections, secret, unreviewable investigative procedures and constitutional arguments that make a mockery of the government’s professed concern with protecting Americans’ privacy. It’s time to call the N.S.A.’s mass surveillance programs what they are: criminal.
1 posted on 07/02/2013 10:10:36 AM PDT by GVnana
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To: GVnana

Now that the Shiny Snowden Squirrel is safely staying in Russia, lets get back to real news...

Obama was WHERE? the night he let all those people DIE in Benghazi?

How many AP reporters had been spied on by Obama’s minions?

Who orederd the IRS to target conservative groups?

Why did Holder lie under oath about not knowing about spying on a Fox News Reporter and gathering phone call records of his parents?


2 posted on 07/02/2013 10:21:57 AM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: Mr. K

I was hoping Snowden would reveal answers to your questions.


3 posted on 07/02/2013 10:27:43 AM PDT by txhurl (RNC 'voter suppression': attempting to limit each voter to ONE vote!)
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To: Mr. K

Ah man, that is such old news. Don’t you want to hear the latest about Paula Deen?


4 posted on 07/02/2013 10:28:11 AM PDT by JimSEA
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To: Mr. K
The NSA hasn't done diddly to protect us, yet they have access to our credit card authorizations, tap and store every phone conversation in the country, have records of ALL your online communications... and you're OK with that?

Did they stop 911? Did they stop the first WTC bombing? Did they catch the DC sniper? Did they catch the Boston Marathon bomber? Did they stop Richard Reid?

The only security element that stopped ANY of those terrorist acts were citizens. An alert and prepared citizenry has far more ability to protect this nation than the NSA ever could. We could get rid of more terrorists within our borders with a well designed bounty system than we ever could with the NSA.

Just get rid of it.

5 posted on 07/02/2013 10:45:24 AM PDT by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: Carry_Okie

The NSA exists to protect the elites from us when the shiite hits the fan. It’s just that simple.


6 posted on 07/02/2013 10:59:34 AM PDT by Buckeye McFrog
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To: Mr. K
And I might add that, it was alert citizens that took down the only highjacked plane on 911. Despite a multi-trillion dollar military with 45 minutes notice, not one jet, not one AA battery, not one Stinger missile was deployed in time to stop the plane that hit the Pentagon.

An armed and prepared (equivalent to the 18th Century term, "well regulated") militia was and is our first defense. When we allow our government to do that job we've given them the keys to the kingdom, at temptation that has NEVER been left unemployed by any would be despot, benevolent or otherwise. It's too much power.

7 posted on 07/02/2013 11:00:57 AM PDT by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: Buckeye McFrog
The NSA exists to protect the elites from us when the shiite hits the fan.

It won't succeed at that, but it will sure do a lot of damage trying.

8 posted on 07/02/2013 11:02:13 AM PDT by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: GVnana

DON’T LET IT BE LIMITED TO THE NSA!

The FBI directly monitors email and electronic communications, originally through their CARNIVORE system, but now using better, commercial software, such as NarusInsight, made by Narus, a wholly owned subsidiary of Boeing.

The FBI and Secret Service also have access to the commercial systems data stream, based in CALEA, the Communications Assistance for Law Enforcement Act (1994), which creates back doors in communications and Internet companies, allowing federal agencies to monitor all telephone, broadband internet, and VoIP traffic in real-time.

Most likely, the FBI and Secret Service get their data from one of the 72 (known) Homeland Security “Fusion Centers” in the US. They are used for information sharing at the federal level between agencies such as the Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI), U.S. Department of Justice, U.S. military, and state- and local-level government.

They also get their data from:

ADVISE (Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement), a massive data mining system run by the DHS.

PRISM - Finally the NSA gets involved. (PRISM is a government codename for a data collection effort known officially as US-984XN.)

“Other systems”, run by the 100+ federal police agencies, or the other 15 major US intelligence agencies. There are lots of these.

Oh, and guess what? The non-police and non-intelligence related federal agencies keep their own databases and dossiers of personal information of US citizens, as well as engage in intelligence gathering activities. And within the last few years, they have been authorized to procure weapons and assemble SWAT teams, for use in police activities. (For example, the Department of Education recently sent its own SWAT team to arrest a woman suspected of education fraud.)

http://en.wikipedia.org/wiki/US_intelligence_community


9 posted on 07/02/2013 11:30:15 AM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: Buckeye McFrog

Maybe.

More likely it exists as a means of blackmail and looking for piddly law violations of “troublemakers” so as to control the masses.

All I know is Rand Paul must be squeaky clean or this machine would have targeted him for destruction.


10 posted on 07/02/2013 11:32:15 AM PDT by TheThirdRuffian (RINOS like Romney, McCain, Dole are sure losers. No more!)
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To: GVnana

11 posted on 07/02/2013 11:33:15 AM PDT by cunning_fish
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To: Admin Moderator; All

Mods: If I put this in breaking news, it was by mistake. Should be in editorial.


12 posted on 07/02/2013 11:35:35 AM PDT by GVnana
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To: GVnana

And the taxpayer foots the bill to be abused in this manner. Paying a bunch of creeps in an over priced and inefficient government owned building, who knows where, to spy on us.

This isn’t freedom. This isn’t Liberty. We owe an apology to the Founding Fathers.


13 posted on 07/02/2013 11:44:58 AM PDT by 444Flyer (How long O LORD? Psalm 112)
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To: Carry_Okie

Yep, you’d THINK they’d be embarrassed at themselves.


14 posted on 07/02/2013 12:37:26 PM PDT by txhurl (RNC 'voter suppression': attempting to limit each voter to ONE vote!)
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To: Mr. K

There no evidence ANY AP reporters were spied on. I think 0bama put that story out there to make us THINK that it wasn’t JUST FOX NEWS that was being spied on. Sounds better to say they weren’t biased with their spying, doesn’t it.. But, like the IRS the DOJ was targeting conservatives ONLY, too..


15 posted on 07/02/2013 2:21:02 PM PDT by Obama_Is_Sabotaging_America (PRISON AT BENGHAZI?????)
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To: TheThirdRuffian
"All I know is Rand Paul must be squeaky clean or this machine would have targeted him for destruction."

What makes you think they don't have some goods on him? No one is perfectly clean..if they are, they will bring out false witnesses.

The deal is, they need the "right wingers" still left with some hope until "elections" so they won't riot. The "goods" on the candidates are never let out until it is time.

This is the way they have controlled the minorities and who gets elected on the Dem plantation for decades..only recently has it worked so well for the "R" wing.

16 posted on 07/02/2013 2:23:05 PM PDT by Earthdweller (Harvard won the election again...so what's the problem.......? Embrace a ruler today.)
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To: GVnana

I can’t condemn Snowden when the NSA and the Executive branch of govt is violating the Constitution.

The bigger traitor is govt.


17 posted on 07/02/2013 2:50:18 PM PDT by RginTN
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To: RginTN
>>The bigger traitor is govt.<<

So Snowden take an oath, begins his training and thinks this is the coolest thing he’z ever done. My dad would be so proud of me. I am part of the intelligence apparatus...cool.

Then, after months on the job you see regular folks being hacked, their credit card purchases monitored, Face Book post logged into a file with their name on it, phone calls monitored.

He then begins to think...oh my gosh! Is this what my government is up to? Am I proud now to know that I'm part of violating law abiding citizens constitutional rights? Ok, the money is good, but can I look at my mom and dad, my uncles and cousins knowing that what I do is stripping them of their constitutional protections.

Am I an honorable man, lying to folks, deceiving citizens. Are my actions on the up and up or are they deceitful and damaging to the republic I love?

I dunno, a man's gotta be able to live with himself.

18 posted on 07/02/2013 3:18:24 PM PDT by servantboy777
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To: Carry_Okie; Mr. K

I agree with Carrie. I am not ok with a searchable database containing all of America’s communications across the varieties of media. I believe it will be used for political reasons since that’s what power hungry leaders do.


19 posted on 07/02/2013 4:50:57 PM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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