Debate rages on wiretaps
By Maurice O. Ndole
The Collegian
Americans are willing to allow the government to spy on them without warrants to fight terrorism, but they’re concerned the aggressive anti-terrorism methods used by the government are encroaching on civil liberties, according to a New York Times/CBS News poll.
The poll found that 53 percent of Americans favor the president approving eavesdropping without prior court approval and 46 percent disapproved.
Fresno State political science professor Kenneth Hansen said the program violated civil liberties and went against the recommendation of the 9/11 Commission.
He said unwarranted wiretaps violated at least four sections of the Constitution: the First Amendment, which gives Americans freedom of speech and association, the Fourth Amendment, which protects Americans against searches and seizures, the Fifth Amendment, which protects Americans against self-incrimination and the right to due process.
Hansen said the results of the New York Times/CBS News poll depended with the wording of the question.
“If you ask people about their views on wiretaps most people would be opposed to it,” Hansen said. “But if they put the word terrorism (as an explanation), it works, so it shows people are scared of terrorism.”
The poll noted that Americans were willing to give the government some latitude if they believed the surveillance program was intended to protect them
Hansen said the language used by the administration to describe the program also affected the way people perceived it. He said the administration has managed to sway the public to its side relating the program to fighting terrorism.
In the State of the Union speech, President Bush referred to the program as “terrorism surveillance program,” that targets al-Qaeda operatives and its affiliates in America.
Junior computer science major Robert Hicks said he was in favor of the program as long as it saved lives.
“It depends on the situation and where they’re putting it,” Hicks said. “They should not put it without good cause. They need some sort of intelligence.”
White House special assistant to the president and deputy political director Scott Jennings said the program was legal. Jennings released an official response from the Justice Department dated Jan. 27, aimed at dispelling myths from reality about the NSA surveillance program.
The response said the president has authority to order terrorist surveillance program based on his powers as commander-in-chief and in the Authorization for use of Military Force (AUMF) passed by Congress after the Sept. 11 attacks.
The report said the program was consistent with Foreign Intelligence Surveillance Act court requirement because FISA gave the president authority to conduct surveillance outside its provisions if a later statute authorizes the surveillance; an example of the statute is AUMF.
The report said the program only focuses on international calls targeted at al-Qaeda and related groups and it safeguarded civil liberties.
FISA is a secret court established in 1978 to provide the government with judicial authority for electronic surveillance and physical searches of people engaged in espionage or terrorism against the U.S.
Senior kinesiology major Ky’an Kelly said she was in favor of the wiretap program with some limits.
“It may be a good idea to keep an eye on people who may be a threat to our security,” Kelly said. “[But] our government is based on the balance of power.”
Fresno State staff member Steve Nasse said the president should not be allowed to order wiretaps without warrants.
“I’m not against him wiretapping people, I’m just saying he should make it legal,” Nasse said. “I don’t think people in the government should be the only ones to determine who the terrorists are and who they should listen to.”
Hansen said he expected Americans to get tired of the program especially if terrorists do not attack America in the near future.
“There is potential of abuse because it seems like they listen to thousands of phone calls not just from terrorists,” Hansen said.
For the full text of the Justice Department's statement regarding the NSA wiretaps program, download this Adobe Acrobat file: WhiteHouseResponse.pdf
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