This week, Congress prepares to abuse the Constitution again, by extending its 2008 amendments to the Foreign Intelligence Surveillance Act (FISA). With the House of Representatives poised to vote today on a premature five year extension, will members remember what they heard when theatrically reading the Constitution on the House floor, or instead entrench the Bush-Cheney legacy beyond even the next administration?
When Congress first voted back in 2008 to give the National Security Agency the power to eavesdrop on any—in other words, every–American without any reason for individual suspicion, it did so without a full picture of what it allowed. Indeed, the full contours of the program remain secret even today.
The only reason the NSA’s spying powers have survived this long is because courts have refused to consider claims that they are unconstitutionally invasive. The Supreme Court will consider one such case this fall — which, if successful, will merely allow the several year process of a litigation challenge to finally begin.
Even though much of it remains shrouded in secrecy, we do know a few things about the NSA’s warrantless spying program authorized by FISA.
We know that it began illegally, without any authorization by Congress and in clear violation of the FISA law crafted by Congress in the 1970s to stop our government from spying on Americans.
We know it is so vast and unchecked that, nearly ten years ago, Attorney General John Ashcroft refused to authorize it, even despite coercion from the Bush White House.
We know that an architect of the program, alarmed at how his work was co-opted to abuse the rights of Americans, blew a whistle about fraud and waste, only to face prosecution by the Obama Administration for espionage–until a federal court ultimately told the government to stop chasing a loyal servant of the American people.
We know that the NSA has violated even this incredibly permissive law, abusing its own powers and the rights of untold numbers of Americans. Our government has admitted to that much, without offering any way to know how widespread those violations have been — or remain.
We know that the executive branch currently interprets parts of other surveillance laws in secret, allowing government activities even beyond the intentions of their authors.
We know that congressional Democrats–including then Senator Obama–joined their Republican colleagues in 2008 to approve FISA, even while both parties paid lip service about defending constitutional values in Washington. Despite the partisan rancor apparent on many issues, Congress marches in lockstep on national security, elevating government power well beyond constitutional limits.
We know that, despite Washington’s wrangling over the budget crisis, the NSA has never justified its massive costs to the American people. In fact, Congress knows neither what the program costs, nor when the NSA’s program has actually helped national security, let alone whether those costs are justified!
We know that FISA has enabled the most pervasive state surveillance system ever known to humankind. The only settings in which powers like it have ever existed are dystopian science fiction novels.
Even the former Soviet Union and contemporary China, for all their efforts to control their people, lacked the resources to conduct the kind of monitoring that the NSA does every day — not only on terror suspects, but on you and your family.
We also know that the Obama administration has supported the Bush-Cheney NSA policy, extending it once before — even though Senator Obama, before winning the White House, promised at one point to vote against it. Until President Obama signed a 2011 law granting our military the potential power to detain any American indefinitely without proof of crime, FISA was the high water mark of the post 9-11 national security state.
Finally, we know that the American people can still defend our rights when aroused. Earlier this year, a grassroots firestorm stopped SOPA and PIPA before they transformed the Internet.
Congress already gave our government the power to conduct mass domestic spying by approving FISA four years ago, but a grassroots clamor this fall could stop that power from being renewed — or at least force Congress to finally do its job and ask tough questions that should have been answered long ago, before writing the NSA yet another blank check.
This post originally appeared at the People’s Blog for the Constitution.




28 Comments

… and then the NSA quietly shows the pols their own files and even lip service is silenced.
Five years ago, I went to what was then called Yearly Kos in Chicago. At the time, Congress buckled under to George W. Bush’s scare campaign aimed at cowing members into passing a bill authorizing widespread NSA surveillance. I was furious at Capitol Hill Democrats, only to be told by operatives and operative wannabees that “you don’t understand Washington.” Indeed, I didn’t.
Haven’t we known all about this since Bamford wrote his 2 books about NSA? 02 & 09
Just insert some powder words into emails — if everyone did it, it would blow fuzes at NSA. Besides, NSA is busy preventing attacks on consulates and murders of ambassadors. (oooops)
Here, start with these: attack, terrorism, dirty bomb, cops, police, riot, emergency landing, powder (white), swine, pork flu
airplane, subway, Port Authority, grid, power, electric, port, dock, bridge, delays, cocaine, marijuana, border, Mexico, kidnap, bust, Iraq, Iran, nuclear, tornado, tsunami, storm, forest fire, ice, snow, sleet, Cain, Abel, China, worm, anthrax, cloud, North Korea lightening
They’ve been scientifically tested to get your laundry 50% whiter (powder). And they’re recommended by eCAHN (pending approval).
If “liberals” cared much about civil liberties and avoiding meaningless wars, they would never for even a moment consider revoting for the criminal regime running the show now. But of course they don’t, so Obama will probably win again.
A while back a commenter here said it perfectly: 9/11 was our Reichstag fire.
War Is the Health of the State
by Randolph Bourne (excerpt)
The moment war is declared, however, the mass of the people, through some spiritual alchemy, become convinced that they have willed and executed the deed themselves. They then, with the exception of a few malcontents, proceed to allow themselves to be regimented, coerced, deranged in all the environments of their lives, and turned into a solid manufactory of destruction toward whatever other people may have, in the appointed scheme of things, come within the range of the Government’s disapprobation. The citizen throws off his contempt and indifference to Government, identifies himself with its purposes, revives all his military memories and symbols, and the State once more walks, an august presence, through the imaginations of men. Patriotism becomes the dominant feeling, and produces immediately that intense and hopeless confusion between the relations which the individual bears and should bear toward the society of which he is a part.
You’ve ruined my life forever. I always type terriss for a reason.
The New Pearl Harbor Revisited: 9/11, the Cover-Up, and the Exposé
A little afraid are we?
Something of interest to the government, perhaps?
Perhaps a touch of unconformity?
The command was right turn and you turned left?
I see nothing, I know nothing.
I’m SURE the NSA isn’t so stupid they can’t convert terriss to terrorist. Recall that $4.5 million contract to ABC Industries? Word conversion is what they DO. Nobody’s safe.
It’s not what you say and know, it’s what you do. Terrissm. Step on over here, please, and place your arms in the surrender position.
I don’t care any more i will say
TRUTH
That should get the NSA to all a flutter.
Flutter, nice word i also like piffle and shnoid. Can we find some better words to use.
Dittle now there is a word i want the NSA to decifer.
I tried truth, and this is the reaction I got.
I think they would respond better to explosive words; they would be dynamite.
Nice, DB. Excellent suggestion!
The Supreme Court has consistently found that individual liberties are subordinate to collective security, when the interference in individual activities is not substantial.
The purpose of US courts, as with the government in general, after all, is not justice but rather to keep those in power, in power. That’s what they do.
In other words my rights have no substance at all. So glad they wiped their ass with that piece of parchment.
You have rights, but as the government becomes more pervasive they become more limited. If one is really bothered by that, then one should consider moving to a remote area within the country or to a country that is less interested and less efficient. Wyoming, say. Mexico comes to mind. Many Americans have moved there to avoid the US hassle.
Are there done that. About 34 years ago.
I’m not voting for Obomney due to a touch of dystopia.
Please forgive me if “1984″ references have become passe– however, it appears to have become our Neocon textbook for security policy.
The Democrats weren’t cowed, but this gave them cover. Obama and the Democrats’ desire to keep the police state after the death of OBL is why I don’t take the death of OBL too seriously. OBL was the excuse to enact these laws, but now the Democrats are finding excuses to keep them anyway. I forget what specific law it was, but I remember how Panetta gave the justification of the death of OBL to extend a law – it’s like they just want these and they’ll come up with excuses to keep them.
Because the present aim of our government is to increase surveillance on all of us, it stands to reason that there is less surveillance focussing on the threats to the safety of the general populace. Al Gore put it so well back in Bush Two when he said that you are not improving your ability to find the needle in the haystack, but simply building a bigger haystack. The Houdini trick here is to make us believe that increasingly complex technology is compensating for enlarging the field of inquiry. Is it?
TV programs like to tell us how supersleuths home in on individuals out to perpetrate infamy with the click of a computer button, and a mega-embassy out in Salt Lake City is presumably there to track everything. Yet, in the real world, when investigations surface and the bad guys are successfully entrapped, it seems they may well not have been able to become such without the help of government agents, and the legitimate loners are first spotted by alert citizens whose technological prowess consists of having eyes to see.
Frontline recently showed us the same undercover operations are underway with Obama that got their go-ahead with Bush, and that they are ineffective compared to the above described citizen responses. Frontline didn’t say why our government would continue to pursue a supposedly failed and ultra-expensive policy. It’s because this is what they want, not a safe citizenry but a surveilled one.
The House passed FISA and Obama asked them to do it.
Now from Juice Rap News: Big Brother is WWWatching you.
ubiquitous surveillance rap! The lyrics are unsurprisingly meaningful.
Note: FISA != FISAA
If FISA was the plague then FISAA is pneumonic ebola…