The White House Begs the Question on Mass Surveillance | Bruce Ackerman

The White House Begs the Question on Mass Surveillance | Bruce Ackerman:

The White House report on surveillance makes an important contribution to the escalating debate, but it begs a big question. It finds that the NSA's massive collection of American telephone records "was not essential to preventing attacks and could readily have been obtained in a timely manner." (Report, p. 104). This finding powerfully reinforces the virtually simultaneous publication of the first judicial opinion, written by federal judge Richard Leon, challenging mass surveillance on constitutional grounds.

In contrast to Judge Leon's constitutional critique, his advisors took on a narrower task: "Our charge is not to interpret the Fourth Amendment, but to make recommendations about sound public policy." (Report, p. 85) The report then declares that telephone companies should continue the massive collection of meta-data. On their view, the aim is to reform, not eliminate, the practice of pervasive surveillance.