Why the NSA’s ‘we keep you safe from terrorists’ rationale is bogus

Micah Zenko writes: When National Security Agency (NSA) contractor Edward Snowden first revealed himself in a video interview five months ago as the source of leaked documents exposing the NSA’s collection of phone and data records of U.S. citizens, he noted: “The greatest fear that I have regarding the outcome for America of these disclosures is that nothing will change.”

Despite the rapid pace of the NSA revelations, the subsequent claims and counterclaims of U.S. officials (and the fact that nobody possesses the policy, technical, operational, and legal background required to accurately characterize these stories and place them within a proper historical and global context), there’s still one thing that can no longer be denied: The Snowden-supplied documents have instigated a global conversation about U.S. surveillance that will undoubtedly result in changes to the scope and conduct of certain NSA programs. And in fact, it’s happening already.

Within the last week alone we have learned that the Obama administration authorized an internal review that brought to light the existence of a program used to spy on numerous world leaders, including German Chancellor Angela Merkel. (This investigation complements an independent review of U.S. surveillance efforts conducted by former officials and experts, which will present its findings by year’s end.) Even the staunch defender of the NSA, Senate Select Committee on Intelligence chair Sen. Dianne Feinstein, announced: “the committee will initiate a major review into all intelligence collection programs.” Secretary of State John Kerry admitted that U.S. electronic surveillance was “on an automatic pilot because the technology is there,” and “in some cases, it has reached too far inappropriately.” And for the first time since the Snowden leaks, White House spokesperson Jay Carney acknowledged the agency’s overreach saying, “We recognize that there need to be additional constraints on how we gather and use intelligence.”

Yet, Snowden’s most meaningful and enduring impact will not be prompting U.S. electronic surveillance policy reform. Rather, what these five post-Snowden months have demonstrated is that inflating terrorist threats to justify expansive and invasive executive branch powers no longer resonates with the general public or most policymakers. That default appeal to 9/11 and vague warnings of terrorism that Bush and Obama administration officials relied upon to shape opinions and silence critics is no longer sufficient or acceptable.

Still, intelligence officials continue to defend the NSA as just another federal agency dedicated solely to protecting American citizens from terrorism. In his opening testimony before the House Permanent Intelligence Committee last week, NSA Director Gen. Keith Alexander re-used this same old trope:

“First, how did we get here? How did we end up here? 9/11 — 2,996 people were killed in 9/11. We all distinctly remember that. What I remember the most was those firemen running up the stairs to save people, to there themselves lose their lives. We had this great picture that was created afterward of a fireman handing a flag off to the military, and I’d say the intelligence community, and the military and the intelligence community said: ‘We’ve got it from here.'”

Sorry, Keith: the NSA was not created on Sept. 12, 2001, but came into existence on Nov. 4, 1952. [Continue reading…]

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