Wednesday, September 10, 2008

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Fighting terrorism has become the catch-all excuse for every pipsqueak authoritarian with an axe to grind. It’s the reason we get busted for taking pictures in the subway, carrying a bottle of medicine onto a plane, or objecting to being fingerprinted and forced to show ID just to move around the world. Today’s kids are the most surveilled, most controlled generation in the history of the world.

The Protect America Act modernized the Foreign Intelligence Surveillance Act (FISA) to provide our intelligence community essential tools to acquire important information about terrorists who want to harm America. The Act, which passed with bipartisan support in the House and Senate and was signed into law by President Bush on August 5, 2007, restores FISA to its original focus of protecting the rights of persons in the United States, while not acting as an obstacle to gathering foreign intelligence on targets located in foreign countries. By enabling our intelligence community to close a critical intelligence gap that existed before the Act became law, the Protect America Act has already made our Nation safer.

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The NSA surveillance, data mining, or other government information- gathering programs will result in the disclosure of particular pieces of information to a few government officials, or perhaps only to government computers. This very limited disclosure of the particular information involved is not likely to be threatening to the privacy of law-abiding citizens. Only those who are engaged in illegal activities have a reason to hide this information. Although there may be some cases in which the information might be sensitive or embarrassing to law-abiding citizens, the limited disclosure lessens the threat to privacy. Moreover, the security interest in detecting, investigating, and preventing terrorist attacks is very high and outweighs whatever minimal or moderate privacy interests law-abiding citizens may have in these particular pieces of information.

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In September 2007, the Inspector General of the Justice Department reported that the Terrorist Screening Center (the FBI-administered organization that consolidates terrorist watch list information in the United States) had over 700,000 names in its database as of April 2007 - and that the list was growing by an average of over 20,000 records per month.

By those numbers, the list now has over one million names on it. Terrorist watch lists must be tightly focused on true terrorists who pose a genuine threat. Bloated lists are bad because
  • they ensnare many innocent travelers as suspected terrorists, and
  • because they waste screeners' time and divert their energies from looking for true terrorists.
Small, focused watch lists are better for civil liberties and for security.

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