Everyone is suddenly talking
about privacy. That “traitor” Edward Snowden has certainly weakened our
government, so our government says he must come back to the US to be charged
with illegally disclosing government secrets.
Has he weakened America? Is
our society weaker now that we know more about what our government has been
doing for years, still is doing, and wants to keep doing? Isn’t it likely that
serious terrorists knew much more than we did about how daily communications
were being monitored?
That same claim of treason
was made, along with the same threats of imprisonment, when Daniel Ellsberg
revealed the Pentagon Papers. They were, in Wikipedia’s words, “a top-secret
Pentagon study of U.S. government decision-making in relation to the Vietnam
War.” He was accused in federal court of violating the Espionage Act of 1917
and of theft – he could have been sentenced to jail for 100 years.
Perhaps it was good for us
all that Ellsberg was hauled into court, because at his trial the depth of
Nixon administration corruption and law-breaking was revealed. Nixon’s legal
counsel and his Assistant to the President for Domestic Affairs, John Ehrlichman,
helped plan the burglary of Ellsberg’s psychiatrist’s office to steal all the
files about Ellsberg, and called it “Hunt/Liddy Special Project No. 1” in his
notes. Their next special project was Watergate.
U.S. District Judge William
Matthew Byrne, Jr., dismissed all charges, and ruled: “The totality of the
circumstances of this case which I have only briefly sketched offend a sense of
justice. The bizarre events have incurably infected the prosecution of this
case.” Perhaps Judge Byrne was offended that Ehrlichman had offered him
the job of FBI Director during the trial.
It is surprising to think
that the Obama administration’s response to Snowden has been similar to the
Nixon administration’s response to Ellsberg. A Republican President supported
the criminal enterprise that broke into Ellsberg’s doctor’s office, and then
supported his arrest and prosecution. Now a Democratic President, who made more
honesty and more transparency a campaign slogan, supports the arrest and
prosecution of Snowden.
Our response as citizens
should be very different. In June, 1971, Ellsberg revealed things the
government knew and had been covering up: how badly the war in Vietnam had been
going for years. The war was already unpopular and Nixon had promised an
honorable peace in 1968 during his campaign. The Pentagon Papers speeded up a
process of popular protest that forced the end of our bipartisan adventure in
Vietnam.
Our current situation is more
serious. Snowden has revealed a bipartisan government assault on our privacy
and on the Constitution. Recording our phone calls and storing our emails by
the National Security Agency was widened by the Bush administration and
energetically pursued by the Obama administration, with Congressional approval
all along the way, and their own private court system to make attack on those
policies impossible.
The best weapon against
official law-breaking is publicity. Many Americans now call our government’s
espionage against its own citizens snooping, instead of defense against
terrorism. A few Democratic politicians are criticizing the NSA, but only after
an internal audit
found thousands of instances where its own privacy rules were broken. Senator
Rand Paul has been the most outspoken Republican critic of NSA, but he does not
propose
anything more than Supreme Court oversight. So don’t expect Congress to do
anything fundamental to end the surveillance of our daily lives.
Public opinion is shifting
toward opposition to such government surveillance, but not strongly enough to
cause political leaders to stop what they have been doing for years. A variety
of recent polls shows that Americans are divided about whether this NSA
eavesdropping is justified. The Huffington Post poll earlier this month found that 48% believed it was an “unnecessary
intrusion into Americans’ lives”. Men were more outraged than women, whites
more than blacks or Hispanics, those with less education more than college
grads. Opposition to the NSA at this time comes much more strongly from
Republicans, who were in favor of snooping when George Bush pushed it, so this
might be less about principle than partisanship.
The combination of a few
giant companies who carry all of our communications and a government which
places its version of security above our right to privacy as citizens means we
will be at their mercy unless we offer some alternative view. Here’s one: we
don’t trust you to follow your own rules, to respect our constitutional rights,
or to use our data only to fight foreign terrorism, so get off my phone line
and out of my email.
Steve Hochstadt
Jacksonville IL
Published in the Jacksonville
Journal-Courier, August 25, 2013