‘We Should’ve Told You We Track Your Calls’Posted: February 18, 2014
Now the Director of National Intelligence admits it would have been better if Washington had acknowledged the surveillance in the first place…
“I probably shouldn’t say this, but I will. Had we been transparent about this from the outset, we wouldn’t have had the problem we had.”
The American public and most members of Congress were kept in the dark for years about a secret U.S. program to collect and store such records of American citizens on a massive scale.The government’s legal interpretation of section 215 of the Patriot Act that granted the authority for this dragnet collection was itself a state secret.
Then came Edward Snowden, the former NSA contractor who leaked the court warrant authorizing the surveillance—along with troves of other top-secret documents. Since that first disclosure of the secret warrant, Director of National Intelligence James Clapper has had to defend the government’s activities against a skeptical Congress and wary public.
In an exclusive interview with The Daily Beast, Clapper said the problems facing the U.S. intelligence community over its collection of phone records could have been avoided. “I probably shouldn’t say this, but I will. Had we been transparent about this from the outset right after 9/11—which is the genesis of the 215 program—and said both to the American people and to their elected representatives, we need to cover this gap, we need to make sure this never happens to us again, so here is what we are going to set up, here is how it’s going to work, and why we have to do it, and here are the safeguards… We wouldn’t have had the problem we had,” Clapper said.
“What did us in here, what worked against us was this shocking revelation,” he said, referring to the first disclosures from Snowden. If the program had been publicly introduced in the wake of the 9/11 attacks, most Americans would probably have supported it. “I don’t think it would be of any greater concern to most Americans than fingerprints. Well people kind of accept that because they know about it. But had we been transparent about it and say here’s one more thing we have to do as citizens for the common good, just like we have to go to airports two hours early and take our shoes off, all the other things we do for the common good, this is one more thing.”
Since the first Snowden revelations in June, Clapper has declassified reams of material relating to the 215 program, including opinions and warrants signed by the top secret court that approves domestic snooping. But he has not publicly acknowledged until now his thoughts that the initial secrecy surrounding the program was ill-considered.
It’s a bit of an adjustment in Clapper’s public stance. The intelligence chief wrote in a letter to Sen. Ron Wyden, that the leak of the 215 program along with others “will do significant damage to the Intelligence Community’s ability to protect the nation.” (Of course, Snowden leaked more than the broad outlines of the program that Clapper said he would’ve liked disclosed.)
Ben Wizner—a legal adviser to Snowden and the director of the American Civil Liberties Union’s Speech, Privacy and Technology Project—said he agreed with Clapper’s current assessment. “If Clapper is suggesting that the American people should have been consulted before the NSA engaged in a mass phone call tracking program, I emphatically agree,” he said “Whether we would have consented to that at the time will never be known, we are now having a debate in Congress and in the courts that we should have had then.”
Last month, President Obama defended the 215 program in a major speech on government surveillance programs. But he also ordered a government review into the feasibility of a third party storing the call records as opposed to the government.
While this option is studied, Obama placed new limits on when intelligence analysts can query the database of call records for this interim period. These new limits mean that phone calls will only be pursued that are two steps, as opposed to three steps, away from a phone number suspected to be linked to a terrorist group. Also an analyst will only be allowed to query the call records after a “judicial finding or in the case of a true emergency,” Obama said.
Clapper still defends the 215 program, too. The storage of the phone records allows NSA analysts to connect phone numbers of suspected terrorists overseas to a possible network inside the United States. Other U.S. intelligence officials say its real value is that it saves work for the FBI and the NSA in tracking down potential leads by ruling out suspicious numbers quickly…
- Clapper admits NSA should have been ‘transparent from the outset’ on surveillance (EndtheLie.com)
- Clapper admits NSA should have been ‘transparent from the outset’ on surveillance (rt.com)
- The NSA’s Problems Go Beyond Just Its Phone Records Program (motherjones.com)
- NSA Collection of Citizens’ Phone Records Shouldn’t Have Been Secret, Spy Chief Admits (dissenter.firedoglake.com)
- DNI Clapper: We Should’ve Come Clean About Phone Surveillance (swampland.time.com)
- Our Sinister Dual State (counterinformation.wordpress.com)
- Clapper Now Thinks He Should Have Been Upfront About That Whole NSA Thing (thewire.com)
- Obviously Bogus Clapper Exoneration Attempt 5.0 Doesn’t Exactly Line Up with OBCEA 4.0 (emptywheel.net)