General Discussion
In reply to the discussion: The Snowdon Controversy on DU [View all]jeff47
(26,549 posts)So if I could wave a magic wand and make it happen, I'd create an entity under Congress to store the data.
Since they're not directly involved in prosecution nor spying, it should be more difficult to pressure these custodians to release the data without proper due process.
As an example of what could go wrong, an over-zealous executive branch could order the NSA to hand over the information to the DoJ without due process....also known as what happened during W's administration.
Another example of what could go wrong would be to create a law requiring the phone companies to store the data for a period of time. Those companies could go ahead and hand over the data without due process under pressure from the Executive branch....also known as another thing that happened during W's administration.
If the people storing the data don't answer to the President, the President will have a much harder time making them give up the data without a warrant.
Since it's the Executive branch that has the greatest incentive to abuse the data, that is the branch that should not be storing the information. In addition, we should have those custodians reporting to people who face election regularly, so the people conducting oversight could be easily thrown out by the people.
But instead of talking about ideas like this, we have a large group screaming "UNCONSTITUTIONAL!!!!! INVASION OF PRIVACY!!!! WE DEMAND ANYONE WHO DISAGREES BE THROWN FROM THE PARTY!!!!"