Rational Nation USA
Liberty -vs- Tyranny
Following 911, and the understandable fear it created in the hearts and minds of Americans, our federal government took steps to insure the security of the nation's citizenry and prevent possible future terrorist attacks. Beginning with the enactment of the Patriot Act the United States of America, in the pursuit of enhanced put into motion the legal mechanisms that can just as assuredly be used against the liberty of individuals as it can be used to provide national society ad thwarting terrorist attacks.
Certainly the argument for grossly expanded federal power in the name of protecting the American people is a powerful one, one few people took issue with following the Islamist attack on the Twin Towers on September 11, 2001. From the initial enactment of the Patriot Act federal agencies like TSA, NSA, and the FISA court have grown ever more intrusive of the rights of innocent and law abiding citizens. This is, or should be considered a most frightening trend. As government becomes more intrusive and secretive the possibility, indeed the likelihood the government will use data in liberty sapping ways is increased significantly. The inevitable result will most certainly be an erosion of liberty and a more entrenched and powerful federal government.
GWB is synonymous with the Patriot Act and setting in motion greater expansion of government power. GHO has continued to oversee these expanded powers and the continued enlargement of them.
The New York Times (WASHINGTON) - WASHINGTON — In more than a dozen classified rulings, the nation’s surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans while pursuing not only terrorism suspects, but also people possibly involved in nuclear proliferation, espionage and cyberattacks, officials say.
The rulings, some nearly 100 pages long, reveal that the court has taken on a much more expansive role by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny, according to current and former officials familiar with the court’s classified decisions.
The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come, the officials said.
Last month, a former National Security Agency contractor, Edward J. Snowden, leaked a classified order from the FISA court, which authorized the collection of all phone-tracing data from Verizon business customers. But the court’s still-secret decisions go far beyond any single surveillance order, the officials said.
“We’ve seen a growing body of law from the court,” a former intelligence official said. “What you have is a common law that develops where the court is issuing orders involving particular types of surveillance, particular types of targets.”
In one of the court’s most important decisions, the judges have expanded the use in terrorism cases of a legal principle known as the “special needs” doctrine and carved out an exception to the Fourth Amendment’s requirement of a warrant for searches and seizures, the officials said. {Full Article Here}
A very wise man once said, and it still holds true today... "Any society that would give up a little liberty to gain a little security will deserve neither and lose both."
For every action there is an equal and opposite reaction. And, there is most definitely unintended consequences. Even when the initial actions were intended for good.
Via: Memeorandum
