Decoding the NSA: How the Agency Manipulates Language to Mislead the Public

When we as a species use language to communicate and engage with one another, we have a certain understanding that certain words mean certain things. That is the entire purpose of language, effective communication between human beings that can be easily understood. As a result, we should be able to assume that when government bureaucrats utilize words that are commonplace within society, that these words represent specific commonly understood meanings. That would be a huge mistake.

Jameel Jaffer and Brett Max Kaufman of the ACLU have compiled an excellent list of some commonplace words used by the NSA to mislead us into thinking they aren’t doing the bad things that they are actually doing. Words such as “surveillance,” “collect,” and “relevant.” From Slate:

James Clapper, the director of national intelligence, has been harshly criticized for having misled Congress earlier this year about the scope of the National Security Agency’s surveillance activities. The criticism is entirely justified. An equally insidious threat to the integrity of our national debate, however, comes not from officials’ outright lies but from the language they use to tell the truth. When it comes to discussing government surveillance, U.S. intelligence officials have been using a vocabulary of misdirection—a language that allows them to say one thing while meaning quite another.

Surveillance. Every time we pick up the phone, the NSA makes a note of whom we spoke to, when we spoke to him, and for how long—and it’s been doing this for seven years. After the call-tracking program was exposed, few people thought twice about attaching the label “surveillance” to it. Government officials, though, have rejected the term, pointing out that this particular program doesn’t involve the NSA actually listening to phone calls—just keeping track of them. Their crabbed definition of “surveillance” allows them to claim that the NSA isn’t engaged in surveillance even when it quite plainly is.

Collect. If an intelligence official says that the NSA isn’t “collecting” a certain kind of information, what has he actually said? Not very much, it turns out. One of the NSA’s foundational documents states that “collection” occurs not when the government acquires information but when the government “selects” or “tasks” that information for “subsequent processing.” Thus it becomes possible for the government to acquire great reams of information while denying that it is “collecting” anything at all.

That definition of “collect” is completely and totally insane.

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In Latest Decision, Supreme Court Rules in Favor of Government Spying

The decision in the highly anticipated Supreme Court case Clapper v. Amnesty International USA has arrived, and it’s not a good one for those of us that care about civil liberties.  Basically, the Supreme Court stated that the plaintiffs cannot challenge the warrantless wiretapping law because they cannot prove they have been victims of it.  The problem is that the program is so secretive, it is impossible to know if you are being listened to!  This is the kind of nonsense we have to deal with these days.  Meanwhile, it is very interesting that the five “conservative” justices sided with the Obama Administration’s Department of Justice, while the four “liberal” justices were opposed.  What does that tell you about Obama?

From the Huffington Post:

NEW YORK — Journalists and human rights advocates worried they are being swept up in an electronic dragnet cannot challenge the U.S. government’s secretive warrantless wiretapping program in a lawsuit, the Supreme Court ruled in a 5-4 decision on Tuesday. The court’s decision, handed down in a case called Clapper v. Amnesty International USA, will complicate civil libertarians’ efforts to push back against the post-9/11 expansion of surveillance.

Jameel Jaffer, the deputy legal director of the American Civil Liberties Union and the lawyer for the plaintiffs, said in a statement the ruling was a “disturbing decision” that “insulates the [warrantless wiretapping] statute from meaningful judicial review and leaves Americans’ privacy rights to the mercy of the political branches.”

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