"Big Brother" Is DEFINITELY Watching You...Me...All Of Us. Is Our Privacy Being Violated?

     If you're a law abiding American citizen, should you care if your telephone calls, e-mails and other Internet communications are being tracked and/or monitored in any way by the federal government?  There are those of you who will say, "Why worry?  Let them spy."  Well, the 4th Amendment of the United States Constitution guarantees privacy...and the line has to be drawn somewhere.  There is no need, no reason to capture and keep telephone records of nearly every American...and reports of "Uncle Sam" eyeballing our every move - on Facebook, Google, Yahoo, Skype, YouTube and elsewhere on the Web - raises questions of great concern.  Our privacy rights should not and cannot be violated - even if by doing such action, it protects us against terrorists.  There has to be an effective way that the government can keep America safe, secure and free of terrorist attacks without going against what our founders and forefathers created and ratified with our Constitution.  Oh I know there was no thought of terrorism back in the late 1700s - at least not the kind we experience in the 21st century - but it's up to our elected officials - and us - to find a way to prevent and conquer terrorism without sacrificing our privacy. 

     I have argued for years with certain relatives and friends that the age of modern technology - although considered to be progress - is in many ways going to be the death and demise of the world as we once knew it.  As beneficial as the Internet, e-mails and social media can be, we cannot allow the government, law enforcement agencies or anybody else to use the cyber universe in a way to spy.  There must be a balance between protecting people and puncturing our privacy.  It is crucial that our freedoms not be ignored or abandoned.

    

The British newspaper, The Guardian, broke the disturbing story on Wednesday, June 5th, 2013 that the National Security Agency (NSA) is

collecting the telephone records of millions of American citizens who are subscribers to Verizon Communications.  A top secret order was granted by the Foreign Intelligence Surveillance Court (FISC) on April 25th, 2013 and is expected to be in effect until July 19th, 2013.  FISC is a U.S. federal court that was established by the Foreign Intelligence Surveillance Act of 1978.  FISA prescribes procedures for the physical and electronic surveillance and collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" - which may include American citizens and permanent residents who are suspected of espionage or terrorism.  The law has been repeatedly amended since 9/11.  FISC oversees requests by federal law enforcement agencies - primarily the FBI - for surveillance warrants against suspected foreign intelligence agents inside the United States.

     The order exposed by The Guardian requires Verizon - on an "ongoing, daily basis" to give the NSA information on all telephone calls in its systems within the United States and between the U.S. and other countries. 

     Here's what really bothers me; that the order allows phone records to be collected indiscriminately and in bulk, regardless of whether the users of such phones were suspected of any criminal activity or other wrongdoing.  Verizon reports that it subscribes more than 121 million customers to its services including wireless, residential and commercial telephone lines.  The FISC court order does not specify which type of phone records are being tracked nor are the actual contents of the calls recorded.  The government is tracking the phone numbers, location data and the length of the conversation.

     But wait...at the risk of sounding like an overnight television informercial - there's more.  "Uncle Sam" is snooping more than on our phones.  The federal government's secret surveillance efforts involve not only telephone logs of millions and millions of Americans, but...there is also a program called Prism, which captures and analyzes data from the Internet - including personal search history, e-mail content, file transfers and live chats - all in order to gain evidence of any terrorist attack that is being planned.  If anything of a suspicous nature is flagged, a court order would be necessary to tap a U.S. citizen's telephone or to monitor any on-line conversation.  The federal government wanted to keep Prism completely confidential, but now, part of the program has been de-classified because of its exposure last week.

     Reportedly, only a handful of people were privy to Prism; and they were sworn to secrecy.  The Director of National Intelligence, James Clapper insists the tracking is legal and necessary.  Clapper says, "Information collected under the (Prism) program is among the most important and valuable foreign intelligence information we collect, and is used to protect our nation from a wide variety of threats."  Prism has reportedly been in progress since 2007 and is used to investigate Internet videos, photographs, e-mails and blogs.  I wonder if the NSA and FBI are reading this blog.  Hey...The Controversy and I welcome all readers.

     Should we believe that the federal government is not listening to our telephone calls and other communications?  I'm sure that's a question many of you are asking yourselves.  The fact is - that if the NSA, the FBI or any law enforcement agency listens in on a telephone call of any U.S. citizen without a court order - granted for a specific reason - those officials will be the ones going to jail...because it's against the law.

     Reportedly, the surveillance programs discussed in this commentary are lawful programs that have been reviewed and approved by FISC.  There is apparently documented proof that Prism has stopped terrorist assaults in the past including a bombing plot in 2009 to attack the New York City subway system.  And obviously, since 9/11, it is imperative for all Americans - from

those serving our country on the national level -from the President of the United States on down through the ranks - to every citizen coast to coast - that we be cautious and fully aware of any possibility of terrorist threats.  We need to be perceptive and alert of a foreign enemy or a domestic, homegrown evil-doer.  But that being said...we cannot relinquish our right to privacy.

     Despite the fact that such surveillance is being conducted during a time when a Democrat is in The White House, there are many Congressional Democrats - including Representative Elijah Cummings of Maryland

and Senator Jeff Merkley of Oregon - who have stated that the federal government has gone too far. 

And Representative Jim Sensenbrenner - a Republican from Wisconsin - who wrote The Patriot Act in 2001 (which I did not and do not support) - but was introduced as a response to the September 11th terrorist acts - says he is "angry" and that he agrees with other Republicans and Democrats on Capitol Hill that the "Justice Department and the NSA have abused" the law.

     If the government is allowed to invade our privacy through telephone calls and e-mails - then what next?  Will "Big Brother" be bugging our bedrooms and bathrooms?

     I realize the security of our homeland is vital and essential to the safety of each American...and that after 9/11...the officials of our federal government - as most other Americans - were stunned, numbed and paralyzed by the horror of that day and its aftermath.  But "Uncle Sam" - and his "nieces and nephews" in our nation's capital - also have the responsibility to protect our Constitutional rights.  Spying on us is wrong.  Plain and simple...it's wrong.

     Should we not be shocked by all of this?  Should we now assume that all our communications - phone calls, e-mails, Internet chats, everything - can be monitored?  I suppose we need to face the fact that if a comment one of us makes raises a red flag - even if it was made in jest or without any seriousness whatsoever - that you could find yourself being asked questions by federal law enforcement authorities.  So be careful with your words...and where you speak or write them.

     The entire "Big Brother" is watching scenario is very scary - even for innocent citizens who obey the laws of the land.  Our privacy is being violated - if not...altogether - in part.  Is this the wave of the future?  Is it going to get worse - where down the road - in more and more situations - we...or at least what we do...are going to be scoped and scrutinized by "Uncle Sam?"  Should we just get use to it?  I hope we don't have to.

     And that's The Controversy for today.

     I'm Gary B. Duglin.

The Controversy will make an effort to publish a new commentary every Sunday and Wednesday.  Unscheduled essays may appear, from time to time, on other days as well.
 

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