EagleTribune.com, North Andover, MA


June 13, 2013

Editorial: Surveillance shows weaknesses of Patriot Act

The disclosure of widespread surveillance of Americans’ phone records and of Internet data on foreigners and some Americans has created strange bedfellows among critics and defenders.

On one side, many conservative critics of the Obama administration as well as many of his supporters say the mining of phone call data — but not necessarily conversations — is a vital tool in finding patterns of possible terrorist activity that can be more deeply investigated.

On the other side, many of the administration’s critics and many Obama supporters are aghast at a secret program that so broadly and deeply collects private citizens’ information.

The revelation that the National Security Agency collects virtually all phone communications brings a long overdue public debate about both the Bush and Obama administrations’ disregard for individual freedoms in pursuit of its security aims. And it should prompt a revisit of the Patriot Act — hastily passed during the fearful time following 9/11. The act granted a broad range of expanded and secret government powers in the name of security.

The Bush administration abused the powers by conducting wiretaps without warrants. The NSA program overseen by Obama at least has some court oversight — but that oversight is by a secret court so the public and most of Congress do not know what criteria are used to grant domestic surveillance or exactly what is done with the information.

Not only that, the court — called the Foreign Intelligence Surveillance Court (FISC) — has been a pushover. The Wall Street Journal reported Sunday that the court has approved all but 11 of the more than 33,900 Department of Justice surveillance requests the FISC reviewed since it was created in 1979. That’s an approval rate of better than 99.9 percent. A rubber stamp would be ashamed.

The revelations raise fresh concerns about Obama’s handling of privacy and personal freedom issues, coming on the heels of disclosures that his administration has searched Associated Press journalists’ calling records and the emails of a Fox television reporter as part of its inquiries into leaked government information.

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