Barack Obama on mass surveillance
The Patriot Act
As a senator, Obama condemned the Patriot Act for violating the rights of American citizens. He argued that it allowed government agents to perform extensive and in-depth searches on American citizens without a search warrant. He also argued that it was possible to secure the United States against terrorist attacks while preserving individual liberty. In 2011, Obama signed a four year renewal of the Patriot Act, specifically provisions allowing roaming wiretaps and government searches of business records. Obama argued that the renewal was needed to protect the United States from terrorist attacks. However, the renewal was criticized by several members of Congress who argued that the provisions did not do enough to curtail excessive searches. Obama also received criticism for his perceived reversal on privacy protection.
Initial reaction to NSA mass surveillance leaks
In June 2013, reports from a cache of top secret documents leaked by ex-NSA contractor Edward Snowden revealed that the U.S. National Security Agency (NSA) and its international partners had created a global system of surveillance that was responsible for the mass collection of information on American and foreign citizens.
Obama initially defended NSA mass surveillance programs when they were first leaked. He argued that NSA surveillance was transparent and claimed that the NSA is unable and has made no attempt to monitor the phone calls and e-mails of American citizens. Following Snowden's admittance to leaking classified documents regarding national surveillance, Obama attempted to ignore the issue of NSA surveillance. It was speculated that Obama did this to avoid complicating the Department of Justice investigation into Snowden.
In August 2013, Obama argued that his administration was already in the process of reviewing the NSA surveillance programs when they were leaked by Snowden. Obama stated that it would have been best for the American people to have never learned about the programs. He also criticized Snowden for not using existing systems within the federal government for whistleblowers. The latter statement was criticized as Snowden would have been directed to one of the committees responsible for protecting the secrecy of NSA surveillance if he had used the existing whistle-blower system. However, he also promised to make public information about government surveillance and work with Congress to increase public confidence in the government.
January 17, 2014 speech
On January 17, 2014, President Obama gave a public address on mass surveillance.
|President Obama speech on global surveillance, January 17, 2014 on YouTube (transcript)|
During the speech, Obama promised increased restrictions on data collection of American citizens, which would include the requirement of court approval for searches of telephone records. In addition, Obama called for increased oversight and admitted the dangers NSA surveillance posed to civil liberties.
Obama's speech was criticized for being deliberately vague and not going far enough to protect civil liberties.
Representatives for Google, Facebook and Yahoo stated that Obama's proposed reforms represented positive progress, but that they did not ultimately do enough to protect privacy rights. A representative for Mozilla noted that mass surveillance had damaged the open Internet and caused balkanization and distrust.
Sen. Rand Paul criticized the remarks, saying:
While I am encouraged the President is addressing the NSA spying program because of pressure from Congress and the American people, I am disappointed in the details. The Fourth Amendment requires an individualized warrant based on probable cause before the government can search phone records and e-mails. President Obama’s announced solution to the NSA spying controversy is the same unconstitutional program with a new configuration. I intend to continue the fight to restore Americans' rights through my Fourth Amendment Restoration Act and my legal challenge against the NSA. The American people should not expect the fox to guard the hen house.
Dianne Feinstein, a member of the Senate Intelligence Committee, stated that all but two or three of the members of her committee support Obama. Likewise, she criticized "privacy people" for not understanding the threat terrorists pose to the United States. Mike Rogers, the chair of the House Intelligence Committee, praised Obama's stance on NSA surveillance. Peter King, another member of the House Intelligence Committee, questioned the need for the proposed reform of NSA surveillance, but admitted that they were necessary to calm down the "ACLU types".
Reactions from global leaders were limited. Great Britain and Russia, both states with extensive surveillance programs, offered no comments. Dilma Rousseff, the current president of Brazil and an outspoken critic of NSA surveillance, also refused to comment. In Germany, a government spokesperson demanded greater protection for non-Americans in reaction to the speech. Der Spiegel accused the NSA of turning the internet into a weapons system. The European Union stated that Obama's pledge to reform the phone data collection is a step in the right direction, but demanded that actual laws be passed regarding this reform.
|Stop mass surveillance of digital communications and communication records||.2|
|Protect the privacy rights of foreigners.||.3|
|No data retention mandate.||0|
|Ban no-review National Security Letters.||.5|
|Stop undermining Internet security.||0|
|Oppose the FISA Improvements Act.||1|
|Reject the third party doctrine.||0|
|Provide a full public accounting of our surveillance apparatus.||.5|
|Embrace meaningful transparency reform.||0|
|Reform the FISA court.||1|
|Protect national security whistleblowers.||0|
|Give criminal defendants all surveillance evidence.||0|
A full point was awarded in each category where Obama fully made the promised reform. However, partial points were awarded for reforms that had not been fully completed, but where the EFF and The Day We Fight Back felt that progress as being made. Obama received praise for adding independent advocates to the Foreign Intelligence Surveillance Act (FISA) courts and opposing the FISA Improvements Act. However, it was also noted that Obama had not made any progress on giving metadata storage responsibility to a third party, ending the undermining of encryption standards, increasing transparency within the NSA and protecting whistleblowers.
Statements to the German people
On January 18, Obama spoke to ZDF in an attempt to improve the United States relations with Germany, which a German foreign office official said were "worse than … the low-point in 2003 during the Iraq War" due to the surveillance leaks. Obama promised that he would not let revelations about mass surveillance damage German-American relations and admitted that it would take a long time for the United States to regain the trust of the German people. However, he maintained that the surveillance was necessary for international security.
German reactions to the speeches given by Obama on January 17 and 18 ranged from skeptical to outright hostility. Members of the German media argued that they were hopeful that Obama would bring about needed reform. However, they also noted that his statements were vague and argued that they did not represent legitimate reform. Many German political leaders responded with outright hostility. Thomas Oppermann, the chairman of the German Social Democrats, demanded a no-spy treaty and stated that American surveillance constituted a crime. The German attorney general argued that there were grounds for a criminal investigation into the NSA's tapping of Angela Merkel's cell phone.
March overhaul of NSA phone surveillance programs
On March 25, 2014, Obama promised to end the NSA's collection and storage of bulk phone-call data. The authority of the NSA to collect phone data ended on March 28, at 5:00 PM. In a plan submitted by the Obama Administration to Congress, the NSA would be required to conduct searches of data at phone companies. They would also need to receive a warrant from a federal judge to conduct the search.
The overhaul received support from the American Civil Liberties Union. A representative of the organization claimed that it was a crucial first step in reigning in NSA surveillance. The overhaul was criticized by several officials, however, because it would force telephone carriers to store customers metadata that they previously not legally obligated to keep. Reactions from the carriers were generally positive. A representative of Sprint Corporation stated that the carrier was examining the president's proposal with great interest.
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