NYT: Mass Surveillance Isn't the Answer to Fighting Terrorism

http://www.nytimes.com/2015/11/18/opinion/mass-surveillance-isnt-the-answer-to-fighting-terrorism.html

NOV. 17, 2015

Mass Surveillance Isn't the Answer to Fighting Terrorism

By THE EDITORIAL BOARD

It's a wretched yet predictable ritual after each new terrorist attack: Certain politicians and government officials waste no time exploiting the tragedy for their own ends. The remarks on Monday [1] by John Brennan, the director of the Central Intelligence Agency, took that to a new and disgraceful low.

Speaking less than three days after coordinated terrorist attacks in Paris killed 129 and injured hundreds more, Mr. Brennan complained [2] about "a lot of hand-wringing over the government's role in the effort to try to uncover these terrorists."

What he calls "hand-wringing" was the sustained national outrage following the 2013 revelations by Edward Snowden, [3] a former National Security Agency contractor, that the agency was using provisions of the Patriot Act to secretly collect information on millions of Americans' phone records. In June, President Obama signed [4] the USA Freedom Act, which ends bulk collection of domestic phone data by the government (but not the collection of other data, like emails and the content of Americans' international phone calls) and requires the secretive Foreign Intelligence Surveillance Court to make its most significant rulings available to the public.

These reforms are only a modest improvement on the Patriot Act, but the intelligence community saw them as a grave impediment to antiterror efforts. In his comments Monday, Mr. Brennan called the attacks in Paris a "wake-up call," and claimed that recent "policy and legal" actions "make our ability collectively, internationally, to find these terrorists much more challenging."

It is hard to believe anything Mr. Brennan says. Last year, he bluntly denied [5] that the C.I.A. had illegally hacked into the computers of Senate staff members conducting an investigation into the agency's detention and torture programs when, in fact, it did. [6] In 2011, when he was President Obama's top counterterrorism adviser, he claimed [7] that American drone strikes had not killed any civilians, despite clear evidence [8] that they had. And his boss, James Clapper Jr., the director of national intelligence, has admitted lying to the Senate on the N.S.A.'s bulk collection of data. Even putting this lack of credibility aside, it's not clear what extra powers Mr. Brennan is seeking.

Most of the men who carried out the Paris attacks were already on the radar of intelligence officials in France and Belgium, where several of the attackers lived [9] only hundreds of yards from the main police station, in a neighborhood known as a haven for extremists. As one French counterterrorism expert and former defense official said, this shows that "our intelligence is actually pretty good, but our ability to act on it is limited by the sheer numbers." In other words, the problem in this case was not a lack of data, but a failure to act on information authorities already had.

In fact, indiscriminate bulk data sweeps have not been useful. In the more than two years since the N.S.A.'s data collection programs became known to the public, the intelligence community has failed to show [10] that the phone program has thwarted a terrorist attack. Yet for years intelligence officials and members of Congress repeatedly misled the public [11] by claiming that it was effective.

The intelligence agencies' inability to tell the truth about surveillance practices is just one part of the problem. The bigger issue is their willingness to circumvent the laws, however they are written. The Snowden revelations laid bare how easy it is to abuse national-security powers, which are vaguely defined and generally exercised in secret.

Listening to Mr. Brennan and other officials, like James Comey, the head of the Federal Bureau of Investigation, one might believe that the government has been rendered helpless to defend Americans against the threat of future terror attacks.

Mr. Comey, for example, has said [12] technology companies like Apple and Google should make it possible for law enforcement to decode encrypted messages the companies' customers send and receive. But requiring that companies build such back doors into their devices and software could make those systems much more vulnerable to hacking by criminals and spies. Technology experts say that government could just as easily establish links between suspects, without the use of back doors, by examining who they call or message, how often and for how long.

In truth, intelligence authorities are still able to do most of what they did before -- only now with a little more oversight [13] by the courts and the public. There is no dispute that they and law enforcement agencies should have the necessary powers to detect and stop attacks before they happen. But that does not mean unquestioning acceptance of ineffective and very likely unconstitutional [14] tactics that reduce civil liberties without making the public safer.

[1] http://www.nytimes.com/2015/11/17/us/after-paris-attacks-cia-director-rekindles-debate-over-surveillance.html

[2] http://csis.org/files/attachments/151116_GSF_OpeningSession.pdf

[3] http://www.nytimes.com/2013/06/10/us/former-cia-worker-says-he-leaked-surveillance-data.html

[4] http://www.nytimes.com/2015/06/03/us/politics/senate-surveillance-bill-passes-hurdle-but-showdown-looms.html

[5] https://www.youtube.com/watch?v=6apC6jN0TZo&t=16m38s

[6] http://www.nytimes.com/2014/08/01/world/senate-intelligence-commitee-cia-interrogation-report.html

[7] http://www.nytimes.com/2011/08/12/world/asia/12drones.html

[8] http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html

[9] http://www.nytimes.com/2015/11/17/world/europe/in-suspects-brussels-neighborhood-a-history-of-petty-crimes-and-missed-chances.html

[10] http://www.nbcnews.com/news/other/nsa-program-stopped-no-terror-attacks-says-white-house-panel-f2D11783588

[11] http://www.propublica.org/article/claim-on-attacks-thwarted-by-nsa-spreads-despite-lack-of-evidence

[12] http://www.theguardian.com/technology/2015/jul/08/fbi-chief-backdoor-access-encryption-isis

[13] http://www.slate.com/articles/news_and_politics/war_stories/2015/06/the_national_security_agency_s_surveillance_and_the_usa_freedom_act_the.html

[14] http://www.nytimes.com/2015/11/10/us/politics/judge-deals-a-blow-to-nsa-phone-surveillance-program.html