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NSA Spying Ruled Illegal, But Will Congress Save the Program Anyway? – Article by Ron Paul

NSA Spying Ruled Illegal, But Will Congress Save the Program Anyway? – Article by Ron Paul

The New Renaissance Hat
Ron Paul
May 11, 2015
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This week the Sixth Circuit Court of Appeals ruled that the NSA’s metadata collection program was not authorized in US law. The PATRIOT Act, under which the program began, was too vague, the court found. But the truth is the Act was intended to be vague so that the federal government could interpret it in the broadest possible way. But this is really more of a technicality, because illegality and unconstitutionality are really two very different things. Even if Congress had explicitly authorized the federal government to collect our phone records, that law would still be unconstitutional because the Constitution does not grant government the power to access our personal information without a valid search warrant.
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Even though the court found the NSA program illegal, it did not demand that the federal government stop collecting our information in this manner. Instead, the court kicked the ball back in Congress’s court, as these provisions of the PATRIOT Act are set to expire at the end of the month and the Appeals Court decided to let Congress decide how to re-authorize this spying program.

Unfortunately, this is where there is not much to cheer. If past practice is any lesson, Congress will wait until the spying program is about to expire and then in a panic try to frighten Americans into accepting more intrusions on their privacy. Senate Majority Leader Mitch McConnell has already put forth a new bill as a stop-gap measure to allow time for a fuller debate on the issue. His stop-gap? A five year re-authorization with no changes to the current program!

The main reform bill being floated, the FREEDOM Act, is little better. Pretending to be a step in the right direction, the FREEDOM Act may actually be worse for our privacy and liberties than the PATRIOT Act!

One silver lining in the court decision is that it should exonerate Ed Snowden, who risked it all to expose what the courts have now found was illegal US government activity. That is the definition of a whistleblower. Shouldn’t he be welcomed back home as a hero instead of being threatened with treason charges? We shouldn’t hold our breath!

This week Snowden addressed a conference in Melbourne, Australia, informing citizens that the Australian government watches all its citizens “all the time.” Australia’s program allows the government to “collect everyone’s communications in advance of criminal suspicion,” he told the conference. That means the government is no longer in the business of prosecuting crimes, but instead is collecting information in case crimes someday occur.

How is it that the Australian government can collect and track “pre-crime” information on its citizens? Last month Australia passed a law requiring telecommunications companies to retain metadata information on their customers for two years.

Why do Australia’s oppressive laws matter to us? Because the NSA “reform” legislation before Congress, the FREEDOM Act, does exactly what the Australian law does: it mandates that US telecommunications companies retain their customers’ metadata information so that the NSA can access the information as it wishes.

Some argue that this metadata information is harmless and that civil libertarians are over-reacting. But, as Ed Snowden told the Melbourne conference, “under these mandatory metadata laws you can immediately see who journalists are contacting, from which you can derive who their sources are.”

This one example of what happens when the government forces corporations to assist it in spying on the people should be a red flag. How can an independent media exist in the US if the federal government knows exactly whom journalists contact for information? It would be the end of any future whistleblowers.

The only reform of the PATRIOT Act is a total repeal. Accept nothing less.

Ron Paul, MD, is a former three-time Republican candidate for U. S. President and Congressman from Texas.

This article is reprinted with permission from the Ron Paul Institute for Peace and Prosperity.

USA FREEDOM Act: Just Another Word for Lost Liberty – Article by Ron Paul

USA FREEDOM Act: Just Another Word for Lost Liberty – Article by Ron Paul

The New Renaissance Hat
Ron Paul
May 4, 2015
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Apologists for the National Security Agency (NSA) point to the arrest of David Coleman Headley as an example of how warrantless mass surveillance is necessary to catch terrorists. Headley played a major role in the 2008 Mumbai terrorist attack that killed 166 people.While few would argue that bringing someone like Headley to justice is not a good thing, Headley’s case in no way justifies mass surveillance. For one thing, there is no “terrorist” exception in the Fourth Amendment. Saying a good end (capturing terrorists) justifies a bad means (mass surveillance) gives the government a blank check to violate our liberties.
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Even if the Headley case somehow justified overturning the Fourth Amendment, it still would not justify mass surveillance and bulk data collection. This is because, according to an investigation by ProPublica, NSA surveillance played an insignificant role in catching Headley. One former counter-terrorism official said when he heard that NSA surveillance was responsible for Headley’s capture he “was trying to figure out how NSA played a role.”

The Headley case is not the only evidence that the PATRIOT Act and other post-9/11 sacrifices of our liberty have not increased our security. For example, the NSA’s claim that its surveillance programs thwarted 54 terrorist attacks has been widely discredited. Even the president’s Review Group on Intelligence and Communications Technologies found that mass surveillance and bulk data collection was “not essential to preventing attacks.”

According to the congressional Joint Inquiry into Intelligence Activities before and after the Terrorist Attacks of September 11, 2001 and the 9/11 Commission, the powers granted the NSA by the PATRIOT Act would not have prevented the 9/11 attacks. Many intelligence experts have pointed out that, by increasing the size of the haystack government agencies must look through, mass surveillance makes it harder to find the needle of legitimate threats.

Even though mass surveillance threatens our liberty, violates the Constitution, and does nothing to protect us from terrorism, many in Congress still cling to the fiction that the only way to ensure security is to give the government virtually unlimited spying powers. These supporters of the surveillance state are desperate to extend the provisions of the PATRIOT Act that are set to expire at the end of the month. They are particularly eager to preserve Section 215, which authorizes many of the most egregious violations of our liberties, including the NSA’s “metadata” program.

However, Edward Snowden’s revelations have galvanized opposition to the NSA’s ongoing violations of our liberties. This is why Congress will soon vote on the USA FREEDOM Act. This bill extends the expiring surveillance laws. It also contains some “reforms” that supposedly address all the legitimate concerns regarding mass surveillance.

However, a look at the USA FREEDOM Act’s details, as opposed to the press releases of its supporters, shows that the act leaves the government’s mass surveillance powers virtually untouched.

The USA FREEDOM Act has about as much to do with freedom as the PATRIOT Act had to do with patriotism. If Congress truly wanted to protect our liberties it would pass the Surveillance State Repeal Act, which repeals the PATRIOT Act. Congress should also reverse the interventionist foreign policy that increases the risk of terrorism by fostering resentment and hatred of Americans.

Fourteen years after the PATRIOT Act was rushed into law, it is clear that sacrificing liberty does little or nothing to preserve security. Instead of trying to fool the American people with phony reforms, Congress should repeal all laws that violate the Fourth Amendment, starting with the PATRIOT Act.

Ron Paul, MD, is a former three-time Republican candidate for U. S. President and Congressman from Texas.

This article is reprinted with permission from the Ron Paul Institute for Peace and Prosperity.

Defeat of USA FREEDOM Act is a Victory for Freedom – Article by Ron Paul

Defeat of USA FREEDOM Act is a Victory for Freedom – Article by Ron Paul

The New Renaissance Hat
Ron Paul
November 24, 2014
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It will not shock readers to hear that quite often legislation on Capitol Hill is not as advertised. When Congress wants to do something particularly objectionable, they tend give it a fine-sounding name. The PATRIOT Act is perhaps the best-known example. The legislation had been drafted well before 9/11 but was going nowhere. Then the 9/11 attacks gave it a new lease on life. Politicians exploited the surge in patriotism following the attack to reintroduce the bill and call it the PATRIOT Act. To oppose it at that time was, by design, to seem unpatriotic.At the time, 62 Democrats voted against the Act. On the Republican side there were only three no votes: former Rep. Bob Ney (R-OH), former Rep. Butch Otter (R-ID), and myself.
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The abuses of the Constitution in the PATRIOT Act do not need to be fully recounted here, but Presidents Bush and Obama both claimed authority based on it to gut the Fourth Amendment. The PATRIOT Act ushered in the era of warrantless wiretapping, monitoring of our Internet behavior, watering down of probable cause, and much more. After the revelations by whistleblower Edward Snowden, we know how the NSA viewed constitutional restraints on surveillance of American people during the PATRIOT Act period.

After several re-authorizations of the PATRIOT Act, including some cosmetic reforms, Congress last October unveiled the USA FREEDOM Act. This was advertised as the first wholesale PATRIOT Act Reform bill. In fact, the House version was watered down to the point of meaninglessness and the Senate version was not much better. The final straw was the bill’s extension of key elements of the PATRIOT Act until 2017.

Fortunately, last week the USA FREEDOM Act was blocked from further consideration in the US Senate. The procedural vote was significant and important, but it caused some confusion as well. While some well-meaning pro-privacy groups endorsed the FREEDOM Act as a first step to reform, some anti-liberty neoconservatives opposed the legislation because even its anemic reforms were unacceptable. The truth is, Americans should not accept one more extension of the PATRIOT Act and should not endorse its continued dismemberment of our constitutional liberties. If that means some Senators vote with anti-liberty colleagues to kill the extension, we should still consider it a victory.

As the PATRIOT Act first faced a sunset in 2005, I had this to say in the debate over whether it should be re-authorized:

“When Congress passed the Patriot Act in the emotional aftermath of the September 11th terrorist attacks, a sunset provision was inserted in the bill that causes certain sections to expire at the end of 2005. But this begs the question: If these provisions are critical tools in the fight against terrorism, why revoke them after five years? Conversely, if these provisions violate civil liberties, why is it acceptable to suspend the Constitution for any amount of time?”

Reform is often meant to preserve, not repeal bad legislation. When the public is strongly opposed to a particular policy you will almost never hear politicians say “let’s repeal the law.” It is always a pledge to reform the policy or law. The USA FREEDOM Act was no different.

With the failure of the FREEDOM Act to move ahead in the Senate last week, several of the most egregious sections of the PATRIOT Act are set to sunset next June absent a new authorization. Congress will no doubt be under great pressure to extend these measures. We must do our very best to make sure they are unsuccessful!

Ron Paul, MD, is a former three-time Republican candidate for U. S. President and Congressman from Texas.

This article is reprinted with permission from the Ron Paul Institute for Peace and Prosperity.