If the National Security Agency’s bulk data program expires, the coroner should conclude that it was “Death by Bumper Sticker.”
Rarely has a controversial government program been so fiercely debated and so poorly understood. Authorized by soon-to-expire Section 215 of the Patriot Act, it has been brought to the edge of extinction by a couple of simple but inaccurate phrases, including “listening to your phone calls” and “domestic spying.”
You can listen to orations on the NSA program for hours and be outraged by its violation of our liberties, inspired by the glories of the Fourth Amendment and prepared to mount the barricades to stop the NSA in its tracks — and still have no idea what the program actually does.
That’s what the opponents leave out or distort, since their case against the program becomes so much less compelling upon fleeting contact with reality.
The program involves so-called metadata, information about phone calls, but not the content of the calls — things like the numbers called, the time of the call, the duration of the call. The phone companies have all this information, which the NSA acquires from them.
What happens next probably won’t shock you, and it shouldn’t. As Rachel Brand of the Privacy and Civil Liberties Oversight Board writes, “It is stored in a database that may be searched only by a handful of trained employees, and even they may search it only after a judge has determined that there is evidence connecting a specific phone number to terrorism.”
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