NSA Has Gone Too Far In Collecting Americans' Information

The government collecting telephone and email records of every citizen is just plain wrong.

This article originally appeared in Investor's Business Daily. You can read the original here


In defending the National Security Agency's collection of Americans' phone records and emails, proponents have relied heavily on the argument that these actions are legal.

Let us stipulate, for the sake of argument, that the NSA program is utterly consistent with the letter of the law. That doesn't make it right.

When one delineates between right and wrong, the reflex of today's relativist zeitgeist is to demand, "Who are you to judge?"

The answer, which one wishes were forthcoming from more people, is, "I am (or was) a free citizen, with a God-given capacity, and duty, to make decisions." That's not to say every decision you make will be correct, nor is it unrestricted license to judge other people, but no amount of PC browbeating can deprive you of your innate sense of propriety.

And the government collecting telephone and email records of every citizen is simply wrong.

To be sure, the NSA's advocates have tried other tacks, such as claiming that only "metadata" are collected (that is, numbers, locations and durations of phone calls, excluding voice content), and that emails are not being read without a warrant. But besides that these claims strain credulity (and polls consistently show Americans do not buy them), they conflate what is permissible with what is possible.

As the Guardian newspaper has meticulously demonstrated, only a few forms and protocols stand between NSA employees and contractors and the content of online communications.

While the letter of the law may mandate individualized warrants (and this is in no way clear), reading your emails requires no further infrastructure and would constitute a breach of rules without consequences.

One of the most forceful defenders of the NSA's actions is Andrew C. McCarthy, a columnist for National Review and PJ Media, whom I have quoted favorably in other contexts.

As a lawyer, McCarthy evinces an occupational propensity to substitute precedent for common sense. To his credit, he recognizes that stressing the program's legality has made it a tougher sell in the marketplace of ideas.

Even so, his enthusiasm for NSA surveillance remains undiminished, and he avers that his side's foundering is less a failure of philosophy than tactics.

Quoth McCarthy: "most Americans have internalized the 'expectation of privacy' contrivance; they now believe the Constitution gives them enforceable privacy rights in the property of others if it reflects on aspects of their personal lives. More importantly, the Fourth Amendment was never the end of any privacy argument anyway. It merely defines the minimal ambit of privacy government must respect."

Image courtesy of Shutterstock

Big Think
Sponsored by Lumina Foundation

Upvote/downvote each of the videos below!

As you vote, keep in mind that we are looking for a winner with the most engaging social venture pitch - an idea you would want to invest in.

Keep reading Show less

Scientists discover how to trap mysterious dark matter

A new method promises to capture an elusive dark world particle.

Surprising Science
  • Scientists working on the Large Hadron Collider (LHC) devised a method for trapping dark matter particles.
  • Dark matter is estimated to take up 26.8% of all matter in the Universe.
  • The researchers will be able to try their approach in 2021, when the LHC goes back online.
Keep reading Show less

Yale scientists restore brain function to 32 clinically dead pigs

Researchers hope the technology will further our understanding of the brain, but lawmakers may not be ready for the ethical challenges.

Still from John Stephenson's 1999 rendition of Animal Farm.
Surprising Science
  • Researchers at the Yale School of Medicine successfully restored some functions to pig brains that had been dead for hours.
  • They hope the technology will advance our understanding of the brain, potentially developing new treatments for debilitating diseases and disorders.
  • The research raises many ethical questions and puts to the test our current understanding of death.

The image of an undead brain coming back to live again is the stuff of science fiction. Not just any science fiction, specifically B-grade sci fi. What instantly springs to mind is the black-and-white horrors of films like Fiend Without a Face. Bad acting. Plastic monstrosities. Visible strings. And a spinal cord that, for some reason, is also a tentacle?

But like any good science fiction, it's only a matter of time before some manner of it seeps into our reality. This week's Nature published the findings of researchers who managed to restore function to pigs' brains that were clinically dead. At least, what we once thought of as dead.

What's dead may never die, it seems

The researchers did not hail from House Greyjoy — "What is dead may never die" — but came largely from the Yale School of Medicine. They connected 32 pig brains to a system called BrainEx. BrainEx is an artificial perfusion system — that is, a system that takes over the functions normally regulated by the organ. The pigs had been killed four hours earlier at a U.S. Department of Agriculture slaughterhouse; their brains completely removed from the skulls.

BrainEx pumped an experiment solution into the brain that essentially mimic blood flow. It brought oxygen and nutrients to the tissues, giving brain cells the resources to begin many normal functions. The cells began consuming and metabolizing sugars. The brains' immune systems kicked in. Neuron samples could carry an electrical signal. Some brain cells even responded to drugs.

The researchers have managed to keep some brains alive for up to 36 hours, and currently do not know if BrainEx can have sustained the brains longer. "It is conceivable we are just preventing the inevitable, and the brain won't be able to recover," said Nenad Sestan, Yale neuroscientist and the lead researcher.

As a control, other brains received either a fake solution or no solution at all. None revived brain activity and deteriorated as normal.

The researchers hope the technology can enhance our ability to study the brain and its cellular functions. One of the main avenues of such studies would be brain disorders and diseases. This could point the way to developing new of treatments for the likes of brain injuries, Alzheimer's, Huntington's, and neurodegenerative conditions.

"This is an extraordinary and very promising breakthrough for neuroscience. It immediately offers a much better model for studying the human brain, which is extraordinarily important, given the vast amount of human suffering from diseases of the mind [and] brain," Nita Farahany, the bioethicists at the Duke University School of Law who wrote the study's commentary, told National Geographic.

An ethical gray matter

Before anyone gets an Island of Dr. Moreau vibe, it's worth noting that the brains did not approach neural activity anywhere near consciousness.

The BrainEx solution contained chemicals that prevented neurons from firing. To be extra cautious, the researchers also monitored the brains for any such activity and were prepared to administer an anesthetic should they have seen signs of consciousness.

Even so, the research signals a massive debate to come regarding medical ethics and our definition of death.

Most countries define death, clinically speaking, as the irreversible loss of brain or circulatory function. This definition was already at odds with some folk- and value-centric understandings, but where do we go if it becomes possible to reverse clinical death with artificial perfusion?

"This is wild," Jonathan Moreno, a bioethicist at the University of Pennsylvania, told the New York Times. "If ever there was an issue that merited big public deliberation on the ethics of science and medicine, this is one."

One possible consequence involves organ donations. Some European countries require emergency responders to use a process that preserves organs when they cannot resuscitate a person. They continue to pump blood throughout the body, but use a "thoracic aortic occlusion balloon" to prevent that blood from reaching the brain.

The system is already controversial because it raises concerns about what caused the patient's death. But what happens when brain death becomes readily reversible? Stuart Younger, a bioethicist at Case Western Reserve University, told Nature that if BrainEx were to become widely available, it could shrink the pool of eligible donors.

"There's a potential conflict here between the interests of potential donors — who might not even be donors — and people who are waiting for organs," he said.

It will be a while before such experiments go anywhere near human subjects. A more immediate ethical question relates to how such experiments harm animal subjects.

Ethical review boards evaluate research protocols and can reject any that causes undue pain, suffering, or distress. Since dead animals feel no pain, suffer no trauma, they are typically approved as subjects. But how do such boards make a judgement regarding the suffering of a "cellularly active" brain? The distress of a partially alive brain?

The dilemma is unprecedented.

Setting new boundaries

Another science fiction story that comes to mind when discussing this story is, of course, Frankenstein. As Farahany told National Geographic: "It is definitely has [sic] a good science-fiction element to it, and it is restoring cellular function where we previously thought impossible. But to have Frankenstein, you need some degree of consciousness, some 'there' there. [The researchers] did not recover any form of consciousness in this study, and it is still unclear if we ever could. But we are one step closer to that possibility."

She's right. The researchers undertook their research for the betterment of humanity, and we may one day reap some unimaginable medical benefits from it. The ethical questions, however, remain as unsettling as the stories they remind us of.

Videos
  • As a stand-up comedian, Pete Holmes knows how words can manipulate audiences — for good and bad.
  • Words aren't just words. They stich together our social fabric, helping establish and maintain relationships.
  • Holmes has a clever linguistic exercise meant to bring you closer to the people around you.