WITHOUT WARRANT

“National security” is not and should not be the definitive answer to all questions involving legal and moral ethics. FISA (the Foreign Intelligence Surveillance Act), which provides legally required judicial oversight, grants authorities enormous leeway to listen in on just about anyone. You can even set up wire-taps now and go to FISA three days later to get warrants.

The Bush administration broke the law by ignoring FISA completely and using warrantless wire taps. The telecommunication companies that abetted them in the commission of this crime did so knowingly, with legions of attorneys to advise them.

National security is certainly important, but if Congress decides, for national security reasons or any other reasons, to pass a new surveillance law that include retroactive immunity for these telecom companies, I see no reason why I should pay my parking ticket, or my taxes, or for that matter obey any law at all. Laws either apply to everyone or no one.

a foot on either side