Professor Charles Shanor of Emory university thinks that ‘liberals and civil libertarians’ are making a mountain out of a digital molehill. Apparently, we should be reassured by the fact that the NSA‘s data collection was legal under the terms of the Patriot Act (you know, that civil liberties disaster), that FISA judges approved it, that select members of Congress–not all of whom were comfortable with it–were briefed about it. And as all three branches of government appear to be involved, Professor Shanor is at peace. Checks and balances are working.
But all is not well.
We cannot rule out the possibility that the voluminous records obtained by the government might, some day, be illegally misused. But there is no evidence so far that that has occurred.
Second, Shanor seems mysteriously comforted by the fact that the government did not monitor call contents, that ‘only’ metadata was collected. Perhaps he should educate himself about the value of metadata, which ‘is frequently more valuable to security officials than the content of the messages.’ In particular:
For some communications, metadata matters more than content. “A call to a suicide hot line, Alcoholics Anonymous, or a gay sex chat room at 2 a.m. are all more sensitive” than the actual message, said Christopher Soghoian, principal technologist at the American Civil Liberties Union. “You can text political donations. The metadata shows your political leanings, the content just shows the amount you gave. Calling a cell tower away from my house in the middle of the night indicates I’m not sleeping at home.”
But nothing quite shows Shanor’s cluelessness–technical, legal and political–like the following:
But shouldn’t I be concerned that F.B.I. agents are trampling my rights, just like the I.R.S. might have trampled the rights of certain organizations seeking tax-exempt status? As it turns out, the answer is no. The raw “metadata” requested will not be directly seen by any F.B.I. agent.
Rather, a computer will sort through the millions of calls and isolate a very small number for further scrutiny. Perhaps one of the numbers was called by one of the Tsarnaev brothers before the Boston Marathon bombings. Or perhaps a call was placed by a Verizon customer to a known operative of Al Qaeda. The Supreme Court long ago authorized law enforcement agencies to obtain call logs — albeit on paper rather than from a computer database — without full probable cause to believe a crime had been committed.
There we have it, folks: the Google-GMail defense. Don’t worry about a thing, because human eyes don’t read your emails, computers do. You know, those stupid machines that just happen to handle all our civilization’s data and which possess tremendous executive capacity. Shanor also notes a Supreme Court ruling authorizing the collection of call logs and cursorily notes that it applied to paper logs as opposed to those in a computer database. The latter, as is apparent to anyone who knows anything about digital communication, can be stored indefinitely and can be processed in much more sophisticated fashion.
Nice try, Professor Shanor. Next time, try renting a clue first.