Jon Pincus has asked me for help in drawing attention to his “Get FISA Right” campaign to get votes on change.org. When I’ve tried to look at this, it’s crashed my browser. YMMV–I use a number of security plugins which may be at fault The crash happens when the browser reports getting data from (I think) ytimg.com, so if you can watch YouTube video, you’re likely ok. I think that getting the rule of law restored in the intelligence community is incredibly important. At the same time, we face a large number of crises right now, and which to address first is a hard problem. I don’t want to endorse this over other things which I can’t see, but Jon asked for help drawing attention to it. So go take a look.
In closely related news, the NYTimes reports that “Intelligence Court Rules Wiretapping Program Legal:”
A federal intelligence court, in a rare public opinion, is expected to issue a major ruling validating the power of the president and Congress to wiretap international phone calls and intercept e-mail messages without a court order, even when Americans’ private communications may be involved, according to a person with knowledge of the opinion.
The court ruling grew out of a previously undisclosed challenge from a telecommunications provider, which questioned the constitutional authority of the executive branch in ordering it to capture and turn over international communications without court authority, according to the person with knowledge of the opinion.
It’s clear that we can not operate a system of secret courts issuing secret rulings, and then critique the same behavior by despotic regimes. We need to sharply curtail the system of secret laws and secret lawsuits in secret courts which issue secret opinions, and have a real debate about the limits of power.
Back in 1996, the National Research Council had a set of retired generals, admirals and heads of intelligence agencies study the cryptography question. In their “Cryptography’s Role in Securing the Information Society,” they clearly state that we can have this debate in public. The shape of the facts are all known. The details which must be kept secret are not needed for the full debate that a democratic society must engage in. Their wisdom is applicable here.