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IU Maurer professor offers recommendations for reforming the NSA

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To prevent the National Security Agency’s continued illegal surveillance and collection of metadata on foreign and domestic individuals, legal scholar Fred Cate is recommending more transparency and increased monitoring.
 
Cate is a professor at the Indiana University Maurer School of Law and the director of the Indiana University Center for Applied Cybersecurity Research. He submitted a list of 10 recommendations to the President’s Review Group on Intelligence and Communications Technology in September.

“To be certain, many of the NSA’s activities must, in large part, be conducted in secret,” Cate wrote. “But this does not mean that those activities should be conducted free from effective oversight or that they should be immune from careful scrutiny as to whether their considerable costs are justified by appropriate benefits. Perhaps most importantly, they should not operate outside the law or be conducted in ways that are unnecessarily intrusive or costly or damaging – to personal privacy, to the U.S. economy, to the integrity and standing of the nation, or to the values that we purport to uphold.”

Among his recommendations, Cate is advocating for the establishment of an oversight agency, strengthening of the Foreign Intelligence Surveillance Court, and reducing secrecy by disclosing key information to the public.

Cate compared the oversight agency to an intelligence version of the Federal Reserve Board or the Government Accountability Office. It would help the NSA think more broadly about its activities and provide credible and apolitical monitoring of the NSA as well as advise the legislative and executive branches on compliance issues and areas of concern.

He also suggested that the oversight agency could provide security-cleared attorneys to appear before the Foreign Intelligence Surveillance Court to prevent the court from rubber-stamping NSA requests.

While acknowledging that some surveillance activities should be kept private, Cate recommended the NSA disclose the broad outlines of its activities to the public. Moreover, Congress should prohibit outright secret data systems, secret legal interpretations and secret assertions of government power.

 “In no event, ever, must (the) need for secrecy be allowed to justify the absence of oversight or accountability, especially concerning activities such as surveillance of U.S. persons that threaten fundamental rights and risk altering the basic balance between the government and the governed,” Cate wrote. “Whatever we think of the good intentions of the current leadership of the NSA, this is the surest way to the abuse of power and, ultimately, to tyranny.”
 
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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