Sunflowergirl
Nov 11th, 2007, 10:05 PM
Intelligence deputy to America: Rethink privacy
WASHINGTON (AP) -- As Congress debates new rules for government eavesdropping, a top intelligence official says it is time that people in the United States change their definition of privacy. Privacy no longer can mean anonymity, says Donald Kerr, the principal deputy director of national intelligence. Instead, it should mean that government and businesses properly safeguard people's private communications and financial information.
Kerr's comments come as Congress is taking a second look at the Foreign Intelligence Surveillance Act.
Lawmakers hastily changed the 1978 law last summer to allow the government to eavesdrop inside the United States without court permission, so long as one end of the conversation was reasonably believed to be located outside the U.S.
The original law required a court order for any surveillance conducted on U.S. soil in order to protect Americans' privacy. The White House argued that the law was obstructing intelligence gathering because, as technology has changed, a growing amount of foreign communications passes through U.S.-based channels.
The most contentious issue in the new legislation is whether to shield telecommunications companies from civil lawsuits for allegedly giving the government access to people's private e-mails and phone calls without a FISA court order between 2001 and 2007.
Some lawmakers, including members of the Senate Judiciary Committee, appear reluctant to grant immunity. Suits might be the only way to determine how far the government has burrowed into people's privacy without court permission. The committee is expected to decide this week whether its version of the bill will protect telecommunications companies. About 40 wiretapping suits are pending.
The central witness in a California lawsuit against AT&T says the government is vacuuming up billions of e-mails and phone calls as they pass through an AT&T switching station in San Francisco, California.
Mark Klein, a retired AT&T technician, helped connect a device in 2003 that he says diverted and copied onto a government supercomputer every call, e-mail, and Internet site access on AT&T lines.
The Electronic Frontier Foundation, which filed the class-action suit, claims there are as many as 20 such sites in the U.S....
...Kurt Opsahl, a senior staff lawyer with the Electronic Frontier Foundation, an advocacy group that defends online free speech, privacy and intellectual property rights, said Kerr's argument ignores both privacy laws and American history.
"Anonymity has been important since the Federalist Papers were written under pseudonyms," Opsahl said. "The government has tremendous power: the police power, the ability to arrest, to detain, to take away rights. Tying together that someone has spoken out on an issue with their identity is a far more dangerous thing if it is the government that is trying to tie it together."
Opsahl also said Kerr ignores the distinction between sacrificing protection from an intrusive government and voluntarily disclosing information in exchange for a service.
"There is something fundamentally different from the government having information about you than private parties," he said. "We shouldn't have to give people the choice between taking advantage of modern communication tools and sacrificing their privacy."
"It's just another 'trust us, we're the government,"' he said.
http://www.cnn.com/2007/POLITICS/11/11/terrorist.surveillance.ap/index.html
WASHINGTON (AP) -- As Congress debates new rules for government eavesdropping, a top intelligence official says it is time that people in the United States change their definition of privacy. Privacy no longer can mean anonymity, says Donald Kerr, the principal deputy director of national intelligence. Instead, it should mean that government and businesses properly safeguard people's private communications and financial information.
Kerr's comments come as Congress is taking a second look at the Foreign Intelligence Surveillance Act.
Lawmakers hastily changed the 1978 law last summer to allow the government to eavesdrop inside the United States without court permission, so long as one end of the conversation was reasonably believed to be located outside the U.S.
The original law required a court order for any surveillance conducted on U.S. soil in order to protect Americans' privacy. The White House argued that the law was obstructing intelligence gathering because, as technology has changed, a growing amount of foreign communications passes through U.S.-based channels.
The most contentious issue in the new legislation is whether to shield telecommunications companies from civil lawsuits for allegedly giving the government access to people's private e-mails and phone calls without a FISA court order between 2001 and 2007.
Some lawmakers, including members of the Senate Judiciary Committee, appear reluctant to grant immunity. Suits might be the only way to determine how far the government has burrowed into people's privacy without court permission. The committee is expected to decide this week whether its version of the bill will protect telecommunications companies. About 40 wiretapping suits are pending.
The central witness in a California lawsuit against AT&T says the government is vacuuming up billions of e-mails and phone calls as they pass through an AT&T switching station in San Francisco, California.
Mark Klein, a retired AT&T technician, helped connect a device in 2003 that he says diverted and copied onto a government supercomputer every call, e-mail, and Internet site access on AT&T lines.
The Electronic Frontier Foundation, which filed the class-action suit, claims there are as many as 20 such sites in the U.S....
...Kurt Opsahl, a senior staff lawyer with the Electronic Frontier Foundation, an advocacy group that defends online free speech, privacy and intellectual property rights, said Kerr's argument ignores both privacy laws and American history.
"Anonymity has been important since the Federalist Papers were written under pseudonyms," Opsahl said. "The government has tremendous power: the police power, the ability to arrest, to detain, to take away rights. Tying together that someone has spoken out on an issue with their identity is a far more dangerous thing if it is the government that is trying to tie it together."
Opsahl also said Kerr ignores the distinction between sacrificing protection from an intrusive government and voluntarily disclosing information in exchange for a service.
"There is something fundamentally different from the government having information about you than private parties," he said. "We shouldn't have to give people the choice between taking advantage of modern communication tools and sacrificing their privacy."
"It's just another 'trust us, we're the government,"' he said.
http://www.cnn.com/2007/POLITICS/11/11/terrorist.surveillance.ap/index.html