Tag: dianne feinstein

Your Congress, Your NSA Spying

The National Security Agency is collecting records of every domestic and cross-border Verizon phone call between now and July 19th. The secret court order requiring Verizon to hand over these records has been leaked to the Guardian.

You may find that outrageous. 1984 has arrived. Big Brother is watching you.

But the author of this story is not George Orwell. It’s Representative Lamar Smith of Texas, Senator Diane Feinstein of California, and you.

Here’s what I mean: In June of last year, Representative Smith (R) introduced H.R. 5949, the FISA Amendments Act Reauthorization Act of 2012. Its purpose was to extend the FISA Amendments Act of 2008 for five years, continuing the government’s authority to collect data like this under secret court orders. The House Judiciary Committee reported the bill to the full House a few days later. The House Intelligence Committee, having joint jurisdiction over the bill, reported it at the beginning of August. And in mid-September, the House passed the bill by a vote of 301 to 118.

Sent to the Senate, the bill languished until very late in the year. But with the government’s secret wiretapping authority set to expire, the Senate took up the bill on December 27th. Whether by plan or coincidence, the Senate debated secret surveillance of Americans’ communications during the lazy, distracted period between Christmas and the new year.

Senator Dianne Feinstein (D) was the bill’s chief defender on the Senate floor. She parried arguments doggedly advanced by Senator Ron Wyden (D-OR) that the surveillance law lacks sufficient oversight. My colleague Julian Sanchez showed ably at the time that modest amendments proposed by Wyden and others would improve oversight and in no way compromise security. But false urgency created by the Senate’s schedule won the day, and on December 28th of last year, the Senate passed the bill, sending it to the president, who signed it on December 30th.

The news that every Verizon call is going to the NSA not only vindicates Senator Wyden’s argument that oversight in this area is lacking. It reveals the upshot of that failed oversight: The secret FISA court has been issuing general warrants for communications surveillance.

That is contrary to the Fourth Amendment to the Constitution, which requires warrants to issue “particularly describing the place to be searched, and the persons or things to be seized.” When a court requires “all call detail records” to be handed over “on an ongoing daily basis,” this is in no sense particular. Data about millions of our phone calls are now housed at the NSA. Data about calls you make and receive today will be housed at the NSA.

The reason given for secret mass surveillance of all our phone calls, according to an unofficial comment from the Obama administration, is that it is a “critical tool” against terrorism. These arguments should be put to public proof. For too long, government officials have waved off the rule of law and privacy using “terrorism” as their shibboleth. This time, show us exactly how gathering data about every domestic call on one of the largest telecommunications networks roots out the tiny number of stray-dog terrorists in the country. If the argument is based on data mining, it has a lot to overcome, including my 2008 paper with IBM data mining expert Jeff Jonas, “Effective Counterterrorism and the Limited Role of Predictive Data Mining.”

The ultimate author of the American surveillance state is you. If you’re like most Americans, you allowed yourself to remain mostly ignorant of the late-December debate over FISA reauthorization. You may not have finished digesting your Christmas ham until May, when it was revealed that IRS agents had targeted groups applying for tax exempt status for closer scrutiny based on their names or political themes.

The veneer of beneficent government is off. The National Security Agency is collecting records of your phone calls. The votes in Congress that allowed this to happen are linked above in this post. What are you going to do about it?

U.S. Taxpayers Subsidize Afghan Insurgents

Less than a week after President Barack Obama made a surprise visit to Afghanistan and proclaimed, “We broke the Taliban’s momentum,” the chairs of the Senate and House intelligence committees offered a candid assessment of the U.S. mission. Senator Dianne Feinstein (D-CA), alongside Representative Mike Rogers (R-MI), said on CNN’s “State of the Union,” “I think we’d both say that what we found is that the Taliban is stronger.” Their observations are the type of unvarnished truth that our military and civilian leaders typically avoid. U.S. and NATO officials meeting in Chicago later this month should take heed, especially since American taxpayer dollars are helping to fund the insurgents we’re fighting.

In a not-much publicized report last August from the Commission on Wartime Contracting in Iraq and Afghanistan, researchers found that after the illegal opium trade, the largest source of funding for the insurgency was U.S. contracting dollars. It found that Afghan companies under the Host Nation Trucking program use private security contractors who then turn around and pay insurgents and warlords who control the roads we must use. Although the Commission on Wartime Contracting report did not mention how much was funneled to the insurgency, a similar protection racket was also uncovered a couple of years ago.

Task Force 2010, assembled by General David Petraeus, examined the connections between insurgents and criminal networks on the one hand and Afghan companies and their subcontractors for transportation, construction, and other services on the other. The task force estimated that $360 million in U.S. tax dollars ended up in the hands of insurgents and other “malign actors,” including criminals, warlords, and power-brokers.

The $360 million “represents a fraction of the $31 billion in active U.S. contracts that the task force reviewed,” Associated Press reporters Deb Riechmann and Richard Lardner explained. As Brussels-based International Crisis Group observed in a depressingly frank June 2011 report:

Insecurity and the inflow of billions of dollars in international assistance has failed to significantly strengthen the state’s capacity to provide security or basic services and has instead, by progressively fusing the interests of political gatekeepers and insurgent commanders, provided new opportunities for criminals and insurgents to expand their influence inside the government. The economy as a result is increasingly dominated by a criminal oligarchy of politically connected businessmen.

Is it any wonder why pouring massive piles of cash into a broken and war-ravaged system resulted in failure? Those who follow the news from Afghanistan will see how rent-seeking inadvertently strengthens that country’s twin evils: corruption and insecurity. As journalist Douglas A. Wissing writes in his eye-opening new book, Funding the Enemy: How U.S. Taxpayers Bankroll the Taliban, in addition to foreign development advisers preoccupied with their own career advancement, development money itself was not countering the insurgency but rather paying for it. Combined with an enemy whose strategy was always about exhaustion, the result has been catastrophic.

Wissing writes, “I learned that the linkage between third-world development and US national security that foreign-aid lobbyists peddled to American policymakers was a faith-based doctrine with almost no foundation in research.” Year after year, the American public was spoon-fed government reports that lacked honesty about why our top-down security and development programs were constantly failing. Buildings were poorly constructed. Projects were bereft of proper oversight. Schools were built without teachers to staff them. Road construction contracts financed insurgent racketeering operations.

The undistorted evidence of a European-based think tank, a bipartisan congressional commission, and a report from military experts, assembled by the war’s former commander, leads to one conclusion: the war is inadvertently throwing American taxpayer dollars at insurgents killing American troops. What about this self-aggrandizing system is making Americans safer? Moreover, what about the safety of the Afghans whom planners in Washington swore to protect from the Taliban? In spite of the tripling of U.S. troops since 2008, a recent report by the U.N. mission concluded that 2011 was the fifth straight year in which civilian casualties rose.

As Feinstein said to CNN on Sunday, “The Taliban has a shadow system of governors in many provinces. They’ve gone up north. They’ve gone to the east. Attacks are up.” After over a decade of inadvertently funding the enemy and alienating the local people, Americans should not be surprised with such a dire outcome. If anything, they should be surprised that their elected leaders are finally telling the truth.

Cross-posted from the Skeptics at the National Interest.

DC Vouchers, Democrats and Teachers Unions

The Washington Post ran an incisive op-ed yesterday by Kelly Amis and Joseph Robert on the DC voucher program. As they noted, Sen. Joseph Lieberman is calling on the Senate to restore funding for the program which was terminated on a nearly party-line vote by Congress last December.

A few Democrats (Dianne Feinstein and Robert Byrd) have joined with Lieberman, but the rest of the party has apparently decided that producing better educational outcomes for poor kids at one quarter the cost of public schooling is not politically advantageous.

As Amis and Robert point out, private schools are far less unionized than the public school sector, so giving families an easier choice between the two will likely eat into to union revenues. And teachers union revenues end up disproportionately in the political piggy banks of Democrats.

The only thing that will change this situation is if voters decide they’ve had enough of such craven, Machiavellian politics, and vote the bums out. And some Democrats do indeed already seem to have had enough.