Surveillance Lies

If you were looking for a needle in a haystack, simple logic would tell you that the smaller the haystack the likelier you are to find the needle. Except for the government.

Since Edward Snowden revealed the federal government’s unlawful and unconstitutional use of federal statutes to justify spying on all in America all the time, including the members of Congress who unwittingly wrote and passed the statutes, I have been arguing that the Fourth Amendment prohibits all domestic spying, except that which has been authorized by a search warrant issued by a judge. The same amendment also requires that warrants be issued only based on a serious level of individualized suspicion backed up by evidence — called probable cause — and the warrants must specifically identify the place and person to be spied upon.

The federal failure is born of an antipathy to constitutional norms and a reluctance to engage in meaningful human intelligence on the ground. Instead of gathering all they can about everyone, the feds should concentrate on those about whom there is some reasonable belief to warrant some investigation. The feds should know the neighborhoods where the suspicious live and work as well as they know their own computer screens.

Even the National Security Agency itself has admitted to data overload. In 2013, the director of the NSA at the time, Gen. Keith Alexander, was asked how many plots his spies had unearthed in their then-seven years of spying on everyone in the U.S., and he replied under oath, “About 54.” Then he corrected himself and amended his answer to one or two. When asked to identify them, he declined.

Why weren’t a recently married couple with Middle Eastern backgrounds — one of whom had been born here, the other of whom had immigrated here and achieved permanent legal residence only through marriage, both of whom recently had been stockpiling huge amounts of military-style weaponry and ammunition, both of whom had just received more than half their combined annual income in a single wire transfer to their joint bank account, both of whom had been practicing the use of their hardware at a gun range, one of whom had been known to hate Jewish people and had suddenly left his local mosque — generally known to the all-seeing and all-hearing NSA?

Because the NSA has abandoned traditional techniques of on-the-ground, in-your-face human intelligence in favor of sitting in front of computer screens. And that has produced a haystack of data so gigantic in size that by the time the needle of terror plotting has been found, it is often too late.

Reprinted with the author’s permission.

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