Ron Wyden Quotes

Senator Dianne Feinstein, Chairman of the Senate Intelligence Committee, had released an unclassified Summary of the Committee Report on the CIA using torture and perverse treatment of suspect terrorists in the aftermath of the 9-11 attack on New York. Most Republicans argued vehemently that the Report should be classified and kept secret as the CIA behavior was so egregious, unpalatable, and morally reprehensible that there would be negative consequences including perhaps demonstrations and attacks against Americans in foreign countries. Moreover, Terrorist organizations would use the heinous CIA behavior as a recruiting tool for anti-American terrorists. McCain, who had himself been the victim of North Vietnamese torture cited the moral and ethical reasons to prohibit torture but also explained what has been proven over and over again that torture victims will tell the torturer any nonsense that they think the torturer might believe just to get obtain relief from the agony of the torture.

Agree resigned from the CIA in protest to its political position.

Edward Snowden, a defense contractor and government employee, publicly revealed that the U. S. intelligence agencies were intercepting and keeping a data base of ALL telephone calls and all Internet e-mails. The government had denied that this was so, and had classified the domestic spying program as Top Secret. Snowden had signed an agreement not to reveal any classified information, and he violated the agreement. Therefore the government was trying to extradite Snowden from Russia at the time so that they could criminally prosecute him. However, there was great debate as to whether the spying on all Americans was legal and Constitutional. Many saw Snowden as a “whistleblower” and pointed out that the government which had lied wanted to prosecute Snowden for telling the truth. Fein, an attorney, was representing Snowden and his family.

Snowden, was a contract worker for Booz Allan assigned to the National Security Agency (NSA). He felt that some of the NSA activities were illegal and unethical and tried to complain to NSA officials who rebuffed him. Despite the fact that he had signed an agreement not to do so, he copied many critical, classified documents that exposed much of the NSA activities that the NSA officials had denied existed—including lying under oath to the Senate. He then made many of them public, violating his oath, breaking the law, and opening up an entire area of government spying which most Americans knew nothing about and about which senior government officials had lied under oath to Congress. They of course wanted to prosecute Snowden who had told the truth, while they had lied. For many Americans, this became a moral and ethical conundrum.

The executive order to which this statement referred was the then new President’s first—Executive Order 13489. It was enthusiastically received by the public, historians, researchers and the media. However at the end of Obama’s two administrations, the system was a little better than when George W. Bush, blocked much of the Freedom of Information Act from being implemented. However, the agencies who want to operate in secrecy without having to deal with public criticism, had developed even more sophisticated techniques of avoiding transparency and when they must disclose, they have developed techniques to delay the process, sometimes even for years, while they study whether the material should be disclosed. The president personally declassified a few CIA files from decades ago that the agency maintained should be secret, but he did nothing else systemic so solve the problem of declassifying and material and nothing to control the over classification which virtually everyone agrees is a major problem. More material is being classified than ever.

Snowden, was a contract worker for Booz Allan assigned to the National Security Agency (NSA). He felt that some of the NSA activities were illegal and unethical and tried to complain to NSA officials who rebuffed him. Despite the fact that he had signed an agreement not to do so, he copied many critical, classified documents that exposed much of the NSA activities that the NSA officials had denied existed—including lying under oath to the Senate. He then made many of them public, violating his oath, breaking the law, and opening up an entire area of government spying which most Americans knew nothing about and about which senior government officials had lied under oath to Congress. They of course wanted to prosecute Snowden who had told the truth, while they had lied. For many Americans, this became a moral and ethical conundrum.

Nixon was the ultimate pragmatist and used secrecy wherever he felt it might give him an advantage. His logic was that in the American system, the Judicial Branch was the only set of people who could pronounce something illegal. If the issue were secret, the judges could not see it, and therefore could never declare it illegal.

The questioned policy was that of the NSA collecting metadata on virtually all phone and other electronic communications made in or into the United States. The issue of the unconstitutionality was not then settled, with some federal courts and bodies saying Yes and other saying No.

The call for embedding the balance in the law is in contrast to the past where the balance was left to the discretion of the intelligence agency leadership but technological limitations curtailed their ability to unbalance things too much.

Historically, the Privacy Issues have taken a long time to be reflected in laws or regulations. Technologists are far ahead of the lawyers and politicians.