After the New York Times disclosed the existence of a domestic spy
program in December, President Bush assured Americans that their
privacy was not being violated and claimed the program concentrated on
U.S. contacts with terrorist groups such as Al-Qaeda. He said, “In other words, one end of the communication must be outside of the United States.” Thanks
to an investigation by USAToday, we now know that President Bush was
lying. In a front-page story last Thursday, the newspaper wrote: “The
National Security Agency has been secretly collecting the phone call
records of tens of millions of Americans, using data provided by
AT&T, Verizon and BellSouth, people with direct knowledge of the
arrangement told USA Today.” Qwest was the only telephone company that
refused to voluntarily turn over its records. Believed to be the
largest database ever assembled in the world, the telephone companies
turned over records of millions of citizens – most of whom were not
suspected of any illegal activity – to the super-secret National
Security Agency (NSA), ostensibly to help fight terrorism. The
three largest telephone companies provide land and cellular service to
more than 200 million customers in every state. Under the plan
disclosed by USAToday, a record of every telephone call made to and
from a U.S. residence or business was given to the NSA, allowing them
to examine any calling patterns. The program was initiated shortly
after the September 11, 2000 attacks on the World Trade Center in New
York, the Pentagon and an attempted hijacking over Pennsylvania.
President Bush authorized the program with an executive order. No
one objects to law enforcement officials tracking terrorists, but it is
clear that this administration is using 9/11 and the subsequent passage
of the Patriot Act as an excuse to violate our
constitutionally-protected right to privacy and sidestep the
checks-and-balances routinely provided by the judicial and legislative
branches of government. It is equally disturbing that the
telephone companies would go along with this scheme. In the past, law
enforcement officials were required to obtain a court warrant before
obtaining such sensitive information. But after 9/11, the
telecommunication companies caved in and provided millions of records
to NSA. In addition to offering “directory assistance,” the Big
Three are offering the government “direct assistance.” Except in cases
where warrants have been issued, the phone companies should hang-up on
such request. Send the NSA a disconnect notice when it tries to pry
into the personal lives of law-abiding citizens. Because
intelligence agencies have been asked to work more closely in the wake
of 9/11, there is a good chance that some of the data collected by NSA
will also end up in the hands of the FBI and CIA. NSA specializes
in intercepting and decoding international communications. It’s such a
top-secret agency that for years, many officials would not even
acknowledge its existence. In intelligence circles, NSA was said to
stand for No Such Agency. In another false assurance, the agency
points out that it collected calling information, but not collect
identifying information of the callers. That’s hardly reassuring.
Anyone beyond the age of children watching Saturday morning cartoons
knows that NSA, credit bureaus and mass marketers can link the
telephone numbers to other personal information, such as names,
addresses and Social Security numbers. It’s not enough to violate our
privacy, they also take us for fools and think that we don’t know about
what they call data mining. The executive branch has the tools it
needs to capture terrorists. To protect citizens from 4th Amendment
protection against “unreasonable searches and seizures,” the Foreign
Intelligence Surveillance Court was established in 1978. The court, a
panel of federal judges, meets in secret and issues warrants in
national security cases. The judges rarely turn down a request by the
government and federal officials even have the authority to conduct a
search and apply for a warrant later. Still, the Bush
administration complains that going through the FISA does not allow it
to act quickly on national security matters, a charge disputed by those
familiar with the workings of FISA. As we have seen with the
Patriot Act, standing up to those who would run roughshod over our 4th
Amendment rights is an issue that unites progressives, conservatives
and libertarians. And this is the time for citizens to stand up to our
government and the telephone companies that now sell us out – literally. Instead
of tracking the calls of innocent U.S. citizens and peeking at our
e-mails, our tax dollars would be better used finding the terrorist
President Bush proclaims he wants dead or alive – Osama Been Missing.
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