What NSA reforms?

The administration white paper says we shouldn’t worry because this reasoning would not apply, say, to medical records or library records. But we have no way of knowing what other encroachments on the Bill of Rights the intelligence court might have blessed, because the court’s rulings are classified.

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Proceedings before the court are not adversarial; only the government side is presented. Obama acknowledged that this “may tilt it too far in favor of security, may not pay enough attention to liberty.” He proposed changing the law so that “privacy advocates” could argue the other side in some cases — an idea that already has advocates on Capitol Hill.

What real difference would that make, though, if we are still denied the right to know about secret court rulings that redefine and abridge our constitutional rights? I’ll believe Obama is serious about reforming the intelligence court when he calls for all its interpretations of the law — without details of specific orders that would tip off terrorists — to be made public.

And I’ll believe Congress is serious when it clarifies the Patriot Act and other laws to spell out that the Constitution still applies. The NSA’s capability to obliterate privacy is rampaging ahead. The law desperately needs to catch up.

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