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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. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

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  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

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