General Discussion
In reply to the discussion: Should the NSA be abolished? [View all]Benton D Struckcheon
(2,347 posts)NSA is signals intelligence. You know, the kind of thing that broke the Enigma machine in WWII. So obviously you don't get rid of it.
The specific problem is obviously the gathering of all the metadata available from domestic carriers. The two obstacles to getting that killed are as follows:
1 - All of the legal decisions on metadata find that it is NOT protected under the Fourth.
2 - If the purpose of gathering the data is foreign intelligence, then the net can be much wider than it can be if the purpose is domestic, i.e., foreign spying has, for obvious reasons, never needed a warrant, and the net can be cast much wider because it is, after all, spying.
So those are the two problems. I'm sure there are legal solutions, but IANAL, so I have no idea what they would be.
Obviously, as a practical matter, allowing this to go on under the structure currently in place is not a good solution. The stuff Obama presented in his press conf doesn't sound like it'll get us anywhere either. But given the legal precedents in place, I don't know how you can get it to be stopped.
For Obama, the practical politics are pretty obvious: if he were to stop the current collection of metadata, and then an attack took place, it'd be game over for him. No one ever seems to take this into account when figuring out the politics of this thing. If something is going to be done it has to be done via a Congressional initiative. Obama ain't gonna hang himself out to dry.
That should be obvious, for some reason it isn't though.