January 26, 2006
I Just Don't Get It
Outrage is still flowing strong over the NSA program to eavesdrop (wiretap is so last century people) on international phone conversations and emails -- often wrongly described as domestic. I'd love to see those people who claim this is domestic go to the domestic terminal to fly to Australia (under the theory that they are a US citizen embarking in the United States), or order a domestic French wine in a swanky restaurant (under the theory that they rare a US citizen consuming the wine in the United States). Look it's really quite simple. If somebody sits in the comfort of his home in the US and sends something, including information, outside the US then what is sent is sent internationally. If that same person receives something in the same comfort of his home from abroad, including information, then what he recieves he recieves internationally. Now here is something that's going to really blow some people's minds: If you, a US citizen in the United States, provide anything, including information to a foreign national anywhere, even in the comfort of the United States, or even indirectly through another US citizen if you know it will be provided to a foreign national, even inside the borders of the United States, you have committed an export.
Much has been made over the former NSA director, General Michael Hayden, remarks on the subject. Some claim it demonstrates a shaky grasp of the 4th amendment. I'd say it demonstrates that those complaining have a shaky grasp of the 4th amendment. Tom Maguire demonstrates the error of their ways repeatedly. Jeff Goldstein has also exhaustively covered this topic.
I think it also demonstrates that those who charge it's unconstitutional need to get out more. They seem to argue that a search requires probable cause per the 4th amendment. I've been searched so many times by government agents or by government mandate (only once by law officers though) I can't keep count. I can remember a time (barely) when you could just walk on an airplane like a train or a bus, but for a long time everybody has been searched. Now every piece of luggage, and every person who boards is searched by a government agent. Yep, US citizens, inside the US, travelling domestically (and I do mean domestically) are searched without a warrant, without probable cause, by the US government.
You go to the courthouse here in St. Louis, you get searched. US citizens, inside the US, are searched without a warrant or probable cause everyday by US agents in the very courthouses intended to uphold the law.
A couple of years ago, we took a trip to Washington D.C. We were searched at every location on the mall. Not only did we have to walk through metal detectors, backpacks, purses, etc. were opened and searched. Again, US citizens, inside the US, searched without a warrant, without probable cause, by the US government. The Smithsonian, the Capitol Building, the Library of Congress -- everywhere we went. I'm sure the irony will be lost on the Congresspeople involved that everyday thousands of US citizens are searched without a warrant to gain admission to the very building where the inquiry into warrentless searching of international communications will be held.
I have taken trips outside the US and I've been questioned about my activities abroad upon my return, and usually my effects have been searched, all without a warrant or probably cause by US agents. Even Democrats call for US customs to search every shipping container entering the United States. Needless to say, without a warrant, without probable cause. How can this be? How can this massive violation of the 4th amendment continued on for so many years if probable cause is required for a search of a US citizen, his person, papers, home, or effects?
As I said previously, I don't understand why I'm supposed to be upset that the NSA is eavesdropping on international phone calls -- calls that pass through an international border -- to US citizens when those very same citizens are subject routinely and unremarkedly to questioning and search if they physically made the same trip their call were making. What is the difference?
