Micheal Farnum and I are continuing our recently podcast conversation on NSA domestic spying in our blogs. Previous comments here and here. By the way, a listener, Benjamin, pointed out that we missed one point in our conversation. We argued that perhaps the NSA needed an incredibly fast turn around time on their phone tapping. However, the FISA laws allow for a 72 hour grace period where the agency can ask for a warrant. The NSA never even tried to get those.
So you think I’m naive, do you, Michael? I think you’re operating under a number of false assumptions that need to be examined. The first assumption is that phone tapping is going to be effective in it’s stated goal of catching terrorists. There is a chance that the NSA will catch a terrorist due to wholesale wiretapping of our phone calls, but if they do it will be more a matter of lucky happenstance than real investigative work. If you’ve ever done any work with an Intrusion Detection System, you’re familiar with the concept of false positives and how easily they can overwhelm a system and hide the real attacks. Maybe the NSA has created an algorithm that’s free of false positives, but I sincerely doubt it. They’ll have to have a real human sifting through thousands of innocent citizen’s phone calls just for the possibility of catching one terrorist.
Your right when you say HUMINT is hard. That’s one of the reasons it was phased out by the CIA and other intelligence agencies in the last several decades. It takes a lot of work, it takes a lot of people and it takes time. You have to hunt down a lot of false positives in HUMINT too. It requires being involved with real people and communities. It means agents have to be out in the field, getting their hands dirty and chasing down the real suspects. Not listening in on my conversations with a friend in Texas. HUMINT is hard, it does take time, but it’s effective, unlike the wholesale spying on innocent American citizens that the NSA is currently engaging in.
But my real issues with the NSA phone tapping really stems from two issues. I don’t believe that very many people in the federal government really believe that listening to the phone calls of Americans is going to be effective. This is just a smoke screen by the government to allow them to do something the NSA has wanted to do for years. The tapping is more likely to be used just to spy on ordinary people going about their ordinary lives. Ordinary people who make mistakes and do stupid things. It’s a law enforcement dream, listen in on every conversation so you can nail average citizens doing things they shouldn’t. That may sound great to you, catching every criminal everywhere, until you realize that there’s already a name for it; it’s called a police state. Some of the best security you can get, if you don’t mind giving up all of your civil liberties in the process. My privacy is a right, not a privelege.
And that’s my second problem with the NSA’s spying: by giving in to the fears and phobias the word ‘terrorism’ evokes, by allowing the NSA to do this in the name of ‘security’, we’ve allowed the terrorists to win. They’ve induced a bigger change in the character of American life by making us so paranoid that we’d allow anything in the name of security than any act of terrorism ever could have. We’ve become our own worst enemies, willing to give up the rights to freedom of speech and freedom from unlawful search and seizure for the illusion of security. Which is all domestic phone tapping is going to give us, an illusion.
HUMINT will take time. We should have been doing it for decades already, but we haven’t. A Band-Aid like phone tapping isn’t going to make up for that. We have a lot of catch up to do, and we need to get started. So what if it’s hard? It’s the only thing that’s really going to be effective, so quit pretending that phone tapping’s really going to make up for several decades of being lazy.
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