FISA Judge To Yahoo: If US Citizens Don’t Know They’re Being Surveilled, There’s No Harm
From the post:
A legal battle between Yahoo and the government over the Protect America Act took place in 2008, but details (forced from the government’s Top Secret file folders by FISA Judge Reggie Walton) are only emerging now. A total of 1,500 pages will eventually make their way into the public domain once redactions have been applied. The most recent release is a transcript [pdf link] of oral arguments presented by Yahoo’s counsel (Mark Zwillinger) and the US Solicitor General (Gregory Garre).
Cutting to the chase:
But the most surprising assertions made in these oral arguments don’t come from the Solicitor General. They come from Judge Morris S. Arnold, who shows something nearing disdain for the privacy of the American public and their Fourth Amendment rights.
In the first few pages of the oral arguments, while discussing whether or not secret surveillance actually harms US citizens (or the companies forced to comply with government orders), Arnold pulls a complete Mike Rogers:
If this order is enforced and it’s secret, how can you be hurt? The people don’t know that — that they’re being monitored in some way. How can you be harmed by it? I mean, what’s –what’s the — what’s your — what’s the damage to your consumer?
By the same logic, all sorts of secret surveillance would be OK — like watching your neighbor’s wife undress through the window, or placing a hidden camera in the restroom — as long as the surveilled party is never made aware of it. If you don’t know it’s happening, then there’s nothing wrong with it. Right? [h/t to Alex Stamos]
In the next astounding quote, Arnold makes the case that the Fourth Amendment doesn’t stipulate the use of warrants for searches because it’s not written right up on top in bold caps… or something.
The whole thrust of the development of Fourth Amendment law has sort of emphasized the watchdog function of the judiciary. If you just look at the Fourth Amendment, there’s nothing in there that really says that a warrant is usually required. It doesn’t say that at all, and the warrant clause is at the bottom end of the Fourth Amendment, and — but that’s the way — that’s the way it has been interpreted.
What’s standing between US citizens and unconstitutional acts by their government is a very thin wall indeed.
Bear in mind that you are not harmed if you don’t know you are being spied upon.
I guess the new slogan is: Don’t Ask, Don’t Look, Don’t Worry.
Suggestions?