NSA has your phone records; 'trust us' isn't good enough

The fact that the government is trying to track (but not wiretap) every call you make and every call you receive — at home or on your cellphone is, to say the least, disturbing.

It means that your phone company (if you are a customer of AT&T, BellSouth or Verizon) tossed your privacy to the wind and collaborated with this extraordinary intrusion, and that it did so secretly and without following any court order.

That is, unless you're lucky enough to be served by Qwest, the one major phone company that had the integrity to resist government pressure.

It means that unless public opposition changes the government's course, this database will be compiled, updated and expanded into the indeterminate future, through countless administrations with who-knows-what interests and motives.

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Even assuming that the Bush administration's motives are pure, and that this program merely looks for patterns of calls that could reveal terror networks, it raises a number of troubling questions:

Is it legal? Bush insists it is, but that's questionable. The 1978 Foreign Intelligence Surveillance Act requires a court order to gather a person's current phone records. A 1934 law requires phone companies to protect customers' privacy. And the Fourth Amendment forbids "unreasonable searches and seizures."

Is it useful? Taken as a whole, such a database is of dubious utility. U.S. intelligence-gathering agencies are already suffering from an abundance of raw information and a dearth of good intelligence. Looking for suspicious patterns among billions of phone numbers seems like the ultimate search for a needle in a haystack.

Is it foolproof? These types of databases invariably have errors. The federal terrorist "watch list," which is used to screen airline passengers, has ensnared a number of innocent travelers — among them Sen. Edward Kennedy, D-Mass., and a 23-month-old toddler — whose names are similar to, or the same as, suspects on the list. Once you're mistakenly targeted, the error can be nearly impossible to fix and your life can be turned upside down.

Will it be abused? Maybe not at first. Over time, however, this vast quantity of data is a potentially irresistible tool for government officials who want to zero in on individual Americans.

tags: surveillance  qwest  nsa