President Obama is going to push Congress on a proposal that would overhaul NSA telephone surveillance, ending the bulk surveillance of all Americans and replacing it with a “new kind of court order” on individual surveillance. The program won’t happen soon, as officials say at least one more 90 day extension for the old system is coming. Obama was light on details, saying only that it would “alleviate privacy concerns.”
Officials say the plan would have the NSA get the data from telephone companies, and then only if authorized by a judge under the terms of the new court orders. Ending the bulk surveillance is surely a good thing, but how good depends on how the court orders work.
That’s not so promising, if a new bill by Reps. Mike Rogers (R – MI) and Dutch Ruppersberger (D – MD) is anything to go on. This bill similarly aims to restrict “bulk” surveillance, but does so by making individual surveillance ridiculously more convenient.
Under that bill, probable cause and relevance are both thrown out the window on surveillance of individual targets, and replaced by an “articulable suspicion” that an American is either “in contact with” or “known to” any suspected agent of a foreign power. So long as the NSA can say with a straight face they figure an American might be “known to” some foreign agent, they can be surveilled individually.
It’s unclear if there will be any difference between this and the Obama plan, but if this turns out to effectively be the Obama plan, it simply replaces bulk surveillance with ubiquitous individual surveillance, a distinction with little difference.
Suck it, spy boy
Now seriously…we're all adults here, presumably, and we all realize, hopefully, that the USG has no intention, never has or ever will, of relinquishing powers they've given themselves to watch the citizens. So don't expect them to actually make any substantial changes.
There may or may not be –but a connection I haven't seen made is: US diplomats just had their own very revealing phone calls publicized. So yes, probably no real change in policy, something's being moved away from a current exposed position, possibly partly so that the content isn't hackable(?). They could be farming it out to Israel again.
Make a few cosmetic changes, continue NSA's bulk surveillance under a new "individual" program that Snowden hasn't got details on…yeah, that oughta work, let's go for it. Obama, 2014.
All Obam is doing is changing the six to a nine.