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April
8, 2008
The Emerging
Surveillance State
by Rep. Ron Paul, MD
Last
month, the House amended the 1978 Foreign
Intelligence Surveillance Act (FISA) to expand the
government's ability to monitor our private
communications. This measure, if it becomes law,
will result in more warrantless government
surveillance of innocent American citizens.
Though some opponents claimed that the only
controversial part of this legislation was its
grant of immunity to telecommunications companies,
there is much more to be wary of in the bill. In
the House version, Title II, Section 801, extends
immunity from prosecution of civil legal action to
people and companies including any provider of an
electronic communication service, any provider of a
remote computing service, "any other communication
service provider who has access to wire or
electronic communications," any "parent,
subsidiary, affiliate, successor, or assignee" of
such company, any "officer, employee, or agent" of
any such company, and any "landlord, custodian, or
other person who may be authorized or required to
furnish assistance." The Senate version goes even
further by granting retroactive immunity to such
entities that may have broken the law in the
past.
The new FISA bill allows the federal government
to compel many more types of companies and
individuals to grant the government access to our
communications without a warrant. The provisions in
the legislation designed to protect Americans from
warrantless surveillance are full of loopholes and
ambiguities. There is no blanket prohibition
against listening in on all American citizens
without a warrant.
We have been told that this power to listen in
on communications is legal and only targets
terrorists. But if what these companies are being
compelled to do is legal, why is it necessary to
grant them immunity? If what they did in the past
was legal and proper, why is it necessary to grant
them retroactive immunity?
In communist East Germany, one in every 100
citizens was an informer for the dreaded secret
police, the Stasi. They either volunteered or were
compelled by their government to spy on their
customers, their neighbors, their families, and
their friends. When we think of the evil of
totalitarianism, such networks of state spies are
usually what comes to mind. Yet, with modern
technology, what once took tens of thousands of
informants can now be achieved by a few companies
being coerced by the government to allow it to
listen in to our communications. This surveillance
is un-American.
We should remember that former New York governor
Eliot Spitzer was brought down by a provision of
the PATRIOT Act that required enhanced bank
monitoring of certain types of financial
transactions. Yet we were told that the PATRIOT Act
was needed to catch terrorists, not philanderers.
The extraordinary power the government has granted
itself to look into our private lives can be used
for many purposes unrelated to fighting terrorism.
We can even see how expanded federal government
surveillance power might be used to do away with
political rivals.
The Fourth Amendment to our Constitution
requires the government to have a warrant when it
wishes to look into the private affairs of
individuals. If we are to remain a free society we
must defend our rights against any governmental
attempt to undermine or bypass the
Constitution.
Paul
Archive
Dr. Ron Paul is a Republican
member of Congress from Texas.
Because
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on its website does not imply acceptance or
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the author of the material. Nor is the Academy
responsible for any misrepresentation of the facts
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