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E-mail Print War on terror is no reason to tolerate big government
Business and Economics Op-Ed
By: Sally C. Pipes
11.9.2001

San Francisco Examiner, November 9, 2001

Since September 11th the world feels like a different place—a feeling that the Bush administration describes as the “New Normalcy.” In these times, many are urging new broader powers for police, but any new initiatives must also include safeguards for our liberties.

For instance, Congress is on the verge of passing new legislation called the Uniting and Strengthening America Act of 2001 (USA Act). This act would expand police wiretapping capabilities over email and web surfing, but has no protections against an abuse of this power. There have also been calls from Silicon Valley executives, such as Oracle CEO Larry Ellison and Sun Microsystems CEO Scott McNealy, for a new national ID card system, again with little thought to the potential risks.

The war on terrorism is real and important, but it is equally important that the war does not destroy the basic liberties that we seek to protect. This is a time to look for new solutions to protect America, and sometimes in order to succeed it is necessary to review our failings. For instance, if the police are going to collect more data on Americans, they must be able to secure it in a better manner.

Governments routinely fail to secure data against prying by outside sources. A case in point happened last year when just hours after the Department of Justice posted details of the Carnivore review process on its Web site (the FBI’s email wiretapping system), computer users were able to uncover secret information about the reviewers, including their ranks and security clearances.

These flaws were not surprising given that, over the last couple of years, the General Accounting Office has issued several reports that federal agencies are “fraught with weaknesses,” putting the nation’s assets and operations “at risk.” This shows that even after government is repeatedly warned of problems and even when it does its best to protect the data it holds, it often fails.

It’s also worth noting recent reports that every year the California DMV issues more than 100,000 fraudulent driver’s licenses to criminals who could use them to steal the identities of unsuspecting victims. Unfortunately, it appears that it is far too easy for government database systems, whether they be national I.D. systems or data collected through email wiretapping activities, to be abused by malicious criminals.

And then there are concerns about the abuse of police power. In the 1970’s the FBI and the CIA were separated after it became apparent that the two were acting together in surreptitious spying on Americans. The proposed USA Act will bring the two closer again and will expand the use of the FBI’s email wiretapping system, Carnivore.

Increased domestic surveillance is worrisome because it could in the future be used as a weapon by the government against its political enemies. Recall how Martin Luther King, John Lennon, and others were targets of illegal government surveillance. And it’s not necessary to go all the way back to the 1960s or 70’s to look for government abuses of power.

In 1998, it was revealed that the Los Angles police department was using illegal wiretaps to monitor citizens, collect evidence illegally, and invade privacy. The number of innocent people who were illegally wiretapped is unknown, but it’s likely in the thousands. Skip ahead to the future under increased surveillance using the FBI’s Carnivore system, and we could be looking at illegal police spying on World Trade Organization opponents or the National Rifle Association, depending on which government is in power.

The USA bill and national ID card proposals come on the heels of a tragic terrorist attack, and the nation is now fighting back. The same focus, resolve, and patience that make Americans successful in business will lead to a victory over the terrorists. But in these times, it is important to remember that police powers were constrained in the past for a reason.


Examiner columnist Sally Pipes is the President and CEO of the Pacific Research Institute, a California-based think tank. She can be reached via email at spipes@pacificresearch.org.

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