The Obama administration is secretly carrying out a domestic surveillance program under which it is collecting business communications records involving Americans under a hotly debated section of the Patriot Act, according to a highly classified court order disclosed on Wednesday night.
The order, signed by Judge Roger Vinson of the Foreign Intelligence Surveillance Court in April, directs aVerizon Communications subsidiary, Verizon Business Network Services, to turn over “on an ongoing daily basis” to the National Security Agency all call logs “between the United States and abroad” or “wholly within the United States, including local telephone calls.”
This policy is a straightforward continuance of the Bush administration’s massive surveillance effort, similarly directed by the NSA in co-operation with telecommunications companies. The scope of the order indicates the data collection is indiscriminate: it is not directed, targeted or narrowly focused. (The court order does limit the data collection by time.) Rather, it is a broad sweep, a trawl to net the NSA’s desired catch. This is not surveillance to confirm a hypothesis; this is surveillance to try to frame one. This is not surveillance as an aid to detective work; this is surveillance as an integral component of that work. As Greenwald notes:
FISA court orders typically direct the production of records pertaining to a specific named target who is suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets.
Especially interesting, I think, is the reaction to the story. By that I do not mean the reactions of politicians, journalists, and privacy advocates. Rather, if one is allowed to believe that comments on the New York Times story are at all reflective of the ‘word on the street’, then a couple of apologetic samples are depressingly interesting.
For instance, ‘pjd’ from Westford writes:
I’m surprised that no one has noted the dates in the order. The order was signed on 4/25/2013 which is ten days after the Boston Marathon bombing.
This response is emblematic of the ‘it’s justified because of the terrorists.’ Never mind that nothing about the Boston bombers seems to indicate any kind of widespread conspiracy that would justify such a massive surveillance effort.
And ‘Kurt’ from NY writes:
Ordinarily, this kind of data collection could be interpreted as overly broad and a threat to civil liberties….But, again, given just how disturbing it seems on its face, if a judge is willing to make such an order and Congress is aware of it, it would seem to suggest that there is legitimate need in response to specific threat. Which would also say that, given the security classification it has been given, for this matter to be public knowledge as it now is is possibly injurious to national security.
Here we have the standard ‘the government must have a reason even if they aren’t telling us, and that’s fine by me.’ The trust displayed here in a judicial and executive branch that have done nothing to justify it is touching.
The information acquired does not include the content of any communications or the name of any subscriber. It relates exclusively to metadata, such as a telephone number or the length of a call.
Why is this not even remotely comforting?