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Obama pushing but PC key to overcome opposition and thread political needle for middle ground NSA reform


Feaver, 14 (peter, Professor of Political Science and Public Policy @ Duke, Director, Triangle Institute for Security Studies and Director, Program in American Grand Strategy Foreign Policy, http://shadow.foreignpolicy.com/posts/2014/01/17/obama_finally_joins_the_debate_he_called_for

Today President Barack Obama finally joins the national debate he called for a long time ago but then abandoned: the debate about how best to balance national security and civil liberty. As I outlined in NPR's scene-setter this morning, this debate is a tricky one for a president who wants to lead from behind. The public's view shifts markedly in response to perceptions of the threat, so a political leader who is only following the public mood will crisscross himself repeatedly. Changing one's mind and shifting the policy is not inherently a bad thing to do. There is no absolute and timeless right answer, because this is about trading off different risks. The risk profile itself shifts in response to our actions. When security is improving and the terrorist threat is receding, one set of trade-offs is appropriate. When security is worsening and the terrorist threat is worsening, another might be. It is likely, however, that the optimal answer is not the one advocated by the most fringe position. A National Security Agency (NSA) hobbled to the point that some on the far left (and, it must be conceded, the libertarian right) are demanding would be a mistake that the country would regret every bit as much as we would regret an NSA without any checks or balances or constraints. Getting this right will require inspired and active political leadership. To date, Obama has preferred to stay far removed from the debate swirling around the Snowden leaks. This president relishes opportunities to spend political capital on behalf of policies that disturb Republicans, but, as former Defense Secretary Robert Gates's memoir details, Obama has been very reluctant to expend political capital on behalf of national security policies that disturb his base. Today Obama is finally engaging. It will be interesting to see how he threads the political needle and, just as importantly, how much political capital he is willing to spend in the months ahead to defend his policies.

MH370 search costs PC – no Congressional consensus on approach or spending money



Trimble ‘14

Stephen Trimble, Flight Global DC correspondent, 3-24-2014 “MH370 disappearance spurs calls for action by US lawmakers” http://www.flightglobal.com/news/articles/mh370-disappearance-spurs-calls-for-action-by-us-lawmakers-397357/ DA: 6/12/14


A US lawmaker says he expects Congress to hold hearings on advancing technology that could have prevented the Malaysia Airlines Boeing 777-200ER going missing on 8 March. Malaysian officials confirmed on 24 March that new satellite data indicates that Flight MH370 crashed in the South Indian Ocean, implying the aircraft traversed thousands of miles untracked from its intended destination in Beijing. The US Navy has budgeted $4 million to devote search aircraft, including the Boeing P-8A Poseidon, and other equipment to the hunt for the wreckage. “There’s a role for Congress here particularly when you consider the expense we’re going through to find this plane,” says Rep Adam Schiff, a Democrat from California. “I’d like – expect – to have the Congress hold hearings with the NTSB and the FAA to find out what is the state of technology, how quickly are we moving to satellite transmissions,” says Schiff, speaking on CNN’s State of the Union talk show on 23 March. The disappearance of the aircraft has shocked many who believed that modern airliners could not be lost with the existing state of communications and tracking technology. “It seems crazy, though, in this day that we can have a major civilian airliner vanish in thin air and we’re down to a 30-day ping to find it,” Schiff says. Rep Patrick Meehan, a Republican from Pennsylvania, noted on earlier episode of the CNN show on 23 March that systems that monitor air traffic are not present over large bodies of water. As a member of the House aviation subcommittee, Meehan illustrated that there remains no consensus on how to address the lack of tracking technology, suggesting it could still be too expensive to invest in fool-proof systems.


Obama PC key to stop major senate modifications - dooms political support in House and gut NSA effectiveness even if it passes


Hattem, 5/24

Julian, Reporter @ The Hill covering tech policy, 5/24/14, http://thehill.com/policy/technology/207143-nsa-reform-to-be-senate-fight-of-the-summer


NSA reform to be ‘fight of the summer’ Civil libertarians who say the House didn’t go far enough to reform the National Security Agency are mounting a renewed effort in the Senate to shift momentum in their direction. After compromises in the House bill, the NSA’s critics are buckling down for a months-long fight in the Senate that they hope will lead to an end to government snooping on Americans. “This is going to be the fight of the summer,” vowed Gabe Rottman, legislative counsel with the American Civil Liberties Union. If advocates are able to change the House bill’s language to prohibit NSA agents from collecting large quantities of data, “then that’s a win,” he added. “The bill still is not ideal even with those changes, but that would be an improvement,” Rottman said. The USA Freedom Act was introduced in both the House and Senate last autumn, after Edward Snowden’s revelations about the NSA’s operations captured headlines around the globe. Privacy advocates like the ACLU rallied around the bill as the way to rein in the spy agency and more than 150 lawmakers signed on as cosponsors in the House. In recent weeks, though, advocates worried that it was being progressively watered down. First, leaders on the House Judiciary Committee made changes in order to gain support from a broader cross-section of the chamber. Then, after it sailed through both the Judiciary and Intelligence Committees, additional changes were made behind closed doors that caused many privacy groups and tech companies such as Microsoft and Apple to drop their support. When it passed the House 303-121 last week, fully half of the bill’s original cosponsors voted against it. “We were of course very disappointed at the weakening of the bill,” said Robyn Greene, policy counsel at the New America Foundation’s Open Technology Institute. “Right now we really are turning our attention to the Senate to make sure that doesn’t happen again.” Instead of entirely blocking the government’s ability to collect bulk amounts of data, critics said that the new bill could theoretically allow federal agents to gather information about an entire area code or region of the country. One factor working in the reformers’ favor is the strong support of Senate Judiciary Chairman Patrick Leahy (D-Vt.). Unlike House Judiciary Chairman Bob Goodlatte (R-Va.), who only came to support the bill after negotiations to produce a manager’s amendment, Leahy was the lead Senate sponsor of the USA Freedom Act. The fact that Leahy controls the committee gavel means he should be able to guide the bill through when it comes up for discussion next month, advocates said. “The fact that he is the chairman and it’s his bill and this is an issue that he has been passionate about for many years” is comforting, Greene said. “I think this is something he really wants to see get done. He wants to see it get done right. And he wants to see that Americans are confident that their privacy is being adequately protected,” she added. Moments after the House passed its bill, Leahy issued a statement praising the action but said he was “disappointed” that some “meaningful reforms” were not included. Other surveillance critics such as Sens. Ron Wyden (D-Ore.), Rand Paul (R-Ky.), Mark Udall (D-Colo.) and Richard Blumenthal (D-Conn.) expressed similar dissatisfaction with the House effort. Their sentiments should be buoyed by the swift outrage from civil liberties advocates on both sides of the aisle, reformers hoped. One reason the House bill moved so far away from its early principles, lawmakers and surveillance critics have claimed, was pressure from House leadership and the Obama administration in the days ahead of the vote. In the Senate, Majority Leader Harry Reid (D-Nev.) is pledging to let Leahy and Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) take the lead on how to move forward. “I want Chairman Feinstein and Chairman Leahy to take a very close look at that and report to the Senate as to what they think should be done,” he told reporters on Thursday. “I believe we must do something and I have no problem with the House having acted, but I couldn’t pass a test on what’s in their bill. But I guarantee I’ll be able to after Feinstein and Leahy take a look at this,” said Reid. Feinstein, who is also the No. 2 Democrat on the Judiciary Committee, could pose the biggest obstacle for Leahy’s efforts. She previously pushed for a much narrower reform bill, but said late Thursday that she was “open to considering” the House-passed legislation. House lawmakers, however, might not be too pleased if the two chambers end up with a significantly different piece of legislation. After passing its bill on Thursday, Goodlatte warned the Senate not to deviate too far from the compromise that he and his colleagues had put together. This has been very carefully negotiated here within the House but also with the administration,” he said. “And it’s going to be very important that if the Senate does something different that it is... better and not just different. “Because different can be worse rather than better,” Goodlatte said.


Both are bad - lack of reform bill collapses the whole program - Congress would easily reject all NSA surveillance – but passage of senate modifications hamstring effective operations


Sasso, 14

Brendan Sasso, National Journal, 3/25/14, Why Obama and His NSA Defenders Changed Their Minds, www.nationaljournal.com/tech/why-obama-and-his-nsa-defenders-changed-their-minds-20140325


It was only months ago that President Obama, with bipartisan backing from the heads of Congress's Intelligence committees, was insisting that the National Security Agency's mass surveillance program was key to keeping Americans safe from the next major terrorist attack. They were also dismissing privacy concerns, saying the program was perfectly legal and insisting the necessary safeguards were already in place. But now, Obama's full-speed ahead has turned into a hasty retreat: The president and the NSA's top supporters in Congress are all pushing proposals to end the NSA's bulk collection of phone records. And civil-liberties groups—awash in their newly won clout—are declaring victory. The question is no longer whether to change the program, but how dramatically to overhaul it. So what changed? It's not that Obama and his Hill allies suddenly saw the error of their ways and became born-again privacy advocates. Instead, with a critical section of the Patriot Act set to expire next year, they realized they had no choice but to negotiate. If Congress fails to reauthorize that provision—Section 215—by June 1, 2015, then the NSA's collection of U.S. records would have to end entirely. And the growing outrage prompted by the Snowden leaks means that the NSA's supporters would almost certainly lose an up-or-down vote on the program. Rep. Adam Schiff, a Democratic member of the House Intelligence Committee, said that looming sunset is what forced lawmakers to the bargaining table. "I think what has changed is the growing realization that the votes are simply not there for reauthorization," he said in an interview. "I think that more than anything else, that is galvanizing us into action."

Obama and the House Intelligence Committee leaders believe their proposals are now the NSA's best bet to retain some power to mine U.S. phone records for possible terror plots. Senate Intelligence Committee Chairwoman Dianne Feinstein, another leading NSA defender, also indicated she is on board with the changes, saying the president's proposal is a "worthy effort." And though the Hill's NSA allies are now proposing reforms to the agency, they don't seem particularly excited about it. At a Capitol Hill press conference Tuesday, Rep. Mike Rogers, the Republican chairman of the House Intelligence Committee, and Rep. Dutch Ruppersberger, the panel's top Democrat, often sounded like they were arguing against their own bill that they were unveiling. "I passionately believe this program has saved American lives," Rogers said. Ruppersberger said if the program had been in place in 2001, it may have prevented the Sept. 11 attacks. But the lawmakers acknowledged there is broad "discomfort" with the program as it is currently structured. "We need to do something about bulk collection because of the perception of our constituents," Ruppersberger admitted. Under their legislation, the vast database of phone records would stay in the hands of the phone companies. The NSA could force the phone companies to turn over particular records, and the Foreign Intelligence Surveillance Court would review the NSA orders after the fact. But Rogers rejected a reporter's suggestion that the NSA should have never had control of the massive database of phone records in the first place. "There was no abuse, no illegality, no unconstitutionality," he said. For all their hesitance, however, Rogers and company much prefer their version to a competing proposal to change the way the government gathers information. That would be the USA Freedom Act, a proposal from Senate Judiciary Committee Chairman Patrick Leahy and Rep. Jim Sensenbrenner that Rogers and his ilk fear would go too far in hamstringing the NSA. The USA Freedom Act would require the NSA to meet a tougher standard for the data searches and would limit other NSA programs, such as Internet surveillance of people overseas. Additionally, President Obama is expected to unveil his own plan to reform the controversial phone data collection program this week. According to The New York Times, Obama's proposal would also keep the database in the hands of the phone companies. His plan would have tougher judicial oversight than the House bill by requiring pre-approval from the court for every targeted phone number, the newspaper reported. But though the momentum has shifted and officials seem to be coalescing around a framework for overhauling the NSA program, the question is far from settled. Leahy and Sensenbrenner are not backing off from their USA Freedom Act, and outside groups will continue their policy push as well.

Intelligence is foundational to counterterror—NSA program rollback decks it


Yoo, 13

John Yoo, 8/16/13, Ending NSA Surveillance is not the answer, www.nationalreview.com/corner/356027/ending-nsa-surveillance-not-answer-john-yoo


We should be careful not to put the NSA in an impossible position. Of course, we should be vigilant against the administrative state in all of its tangled tendrils, especially its collection of taxes (the IRS scandal) and enforcement of the laws (Obama’s refusal to enforce Obamacare and immigration law). The problem here, however, is that we are placing these kinds of domestic law-enforcement standards on a foreign intelligence function. With domestic law enforcement, we want the Justice Department to monitor one identified target (identified because other evidence gives probable cause that he or she has already committed a crime) and to carefully minimize any surveillance so as not to intrude on privacy interests. Once we impose those standards on the military and intelligence agencies, however, we are either guaranteeing failure or we must accept a certain level of error. If the military and intelligence agencies had to follow law-enforcement standards, their mission would fail because they would not give us any improvement over what the FBI could achieve anyway. If the intelligence community is to detect future terrorist attacks through analyzing electronic communications, we are asking them to search through a vast sea of e-mails and phone-call patterns to find those few which, on the surface, look innocent but are actually covert terrorist messages. If we give them broader authority, we would have to accept a level of error that is inherent in any human activity. No intelligence agency could perform its mission of protecting the nation’s security without making a few of these kinds of mistakes. The question is whether there are too many, not whether there will be any at all. Domestic law enforcement makes these errors too. Police seek warrants for the wrong guy, execute a search in the wrong house, arrest the wrong suspect, and even shoot unarmed suspects. We accept these mistakes because we understand that no law-enforcement system can successfully protect our communities from crime with perfection. The question is the error rate, how much it would cost to reduce it, the impact on the effectiveness of the program, and the remedies we have for mistakes. Consider those questions in the context of the NSA surveillance program. The more important question is not the top of the fraction but the bottom — not just how many mistakes occurred, but how many records were searched overall. If there were 2,000 or so mistakes, as the Washington Post suggests, but involving billions of communications, the error rate is well less than 1 percent. Without looking at the latest figures, I suspect that is a far lower error rate than those turned in by domestic police on searches and arrests. To end the NSA’s efforts to intercept terrorist communications would be to willfully blind ourselves to the most valuable intelligence sources on al-Qaeda (now that the president won’t allow the capture and interrogation of al-Qaeda leaders). The more useful question is whether there is a cost-effective way to reduce the error rate without detracting from the effectiveness of the program, which, by General Keith Alexander’s accounting, has been high. Increasing judicial oversight might reduce errors — though I am dubious — but in a way that would seriously slow down the speed of the program, which is all-important if the mission is to stop terrorists. And perhaps Congress should think about ways to remedy any privacy violations in the future. But to end the program because it does not have an error rate of zero is to impose a demand on the NSA that no other government program, foreign or domestic, military or civilian, could survive.

Extinction


Hellman 8 (Martin E. Hellman, emeritus prof of engineering @ Stanford, “Risk Analysis of Nuclear Deterrence” SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf)
The threat of nuclear terrorism looms much larger in the public’s mind than the threat of a full-scale nuclear war, yet this article focuses primarily on the latter. An explanation is therefore in order before proceeding. A terrorist attack involving a nuclear weapon would be a catastrophe of immense proportions: “A 10-kiloton bomb detonated at Grand Central Station on a typical work day would likely kill some half a million people, and inflict over a trillion dollars in direct economic damage. America and its way of life would be changed forever.” [Bunn 2003, pages viii-ix]. The likelihood of such an attack is also significant. Former Secretary of Defense William Perry has estimated the chance of a nuclear terrorist incident within the next decade to be roughly 50 percent [Bunn 2007, page 15]. David Albright, a former weapons inspector in Iraq, estimates those odds at less than one percent, but notes, “We would never accept a situation where the chance of a major nuclear accident like Chernobyl would be anywhere near 1% .... A nuclear terrorism attack is a low-probability event, but we can’t live in a world where it’s anything but extremely low-probability.” [Hegland 2005]. In a survey of 85 national security experts, Senator Richard Lugar found a median estimate of 20 percent for the “probability of an attack involving a nuclear explosion occurring somewhere in the world in the next 10 years,” with 79 percent of the respondents believing “it more likely to be carried out by terrorists” than by a government [Lugar 2005, pp. 14-15]. I support increased efforts to reduce the threat of nuclear terrorism, but that is not inconsistent with the approach of this article. Because terrorism is one of the potential trigger mechanisms for a full-scale nuclear war, the risk analyses proposed herein will include estimating the risk of nuclear terrorism as one component of the overall risk. If that risk, the overall risk, or both are found to be unacceptable, then the proposed remedies would be directed to reduce which- ever risk(s) warrant attention. Similar remarks apply to a number of other threats (e.g., nuclear war between the U.S. and China over Taiwan). his article would be incomplete if it only dealt with the threat of nuclear terrorism and neglected the threat of full- scale nuclear war. If both risks are unacceptable, an effort to reduce only the terrorist component would leave humanity in great peril. In fact, society’s almost total neglect of the threat of full-scale nuclear war makes studying that risk all the more important. The cosT of World War iii The danger associated with nuclear deterrence depends on both the cost of a failure and the failure rate.3 This section explores the cost of a failure of nuclear deterrence, and the next section is concerned with the failure rate. While other definitions are possible, this article defines a failure of deterrence to mean a full-scale exchange of all nuclear weapons available to the U.S. and Russia, an event that will be termed World War III. Approximately 20 million people died as a result of the first World War. World War II’s fatalities were double or triple that number—chaos prevented a more precise deter- mination. In both cases humanity recovered, and the world today bears few scars that attest to the horror of those two wars. Many people therefore implicitly believe that a third World War would be horrible but survivable, an extrapola- tion of the effects of the first two global wars. In that view, World War III, while horrible, is something that humanity may just have to face and from which it will then have to recover. In contrast, some of those most qualified to assess the situation hold a very different view. In a 1961 speech to a joint session of the Philippine Con- gress, General Douglas MacArthur, stated, “Global war has become a Frankenstein to destroy both sides. … If you lose, you are annihilated. If you win, you stand only to lose. No longer does it possess even the chance of the winner of a duel. It contains now only the germs of double suicide.” Former Secretary of Defense Robert McNamara ex- pressed a similar view: “If deterrence fails and conflict develops, the present U.S. and NATO strategy carries with it a high risk that Western civilization will be destroyed” [McNamara 1986, page 6]. More recently, George Shultz, William Perry, Henry Kissinger, and Sam Nunn4 echoed those concerns when they quoted President Reagan’s belief that nuclear weapons were “totally irrational, totally inhu- mane, good for nothing but killing, possibly destructive of life on earth and civilization.” [Shultz 2007] Official studies, while couched in less emotional terms, still convey the horrendous toll that World War III would exact: “The resulting deaths would be far beyond any precedent. Executive branch calculations show a range of U.S. deaths from 35 to 77 percent (i.e., 79-160 million dead) … a change in targeting could kill somewhere between 20 million and 30 million additional people on each side .... These calculations reflect only deaths during the first 30 days. Additional millions would be injured, and many would eventually die from lack of adequate medical care … millions of people might starve or freeze during the follow- ing winter, but it is not possible to estimate how many. … further millions … might eventually die of latent radiation effects.” [OTA 1979, page 8] This OTA report also noted the possibility of serious ecological damage [OTA 1979, page 9], a concern that as- sumed a new potentiality when the TTAPS report [TTAPS 1983] proposed that the ash and dust from so many nearly simultaneous nuclear explosions and their resultant fire- storms could usher in a nuclear winter that might erase homo sapiens from the face of the earth, much as many scientists now believe the K-T Extinction that wiped out the dinosaurs resulted from an impact winter caused by ash and dust from a large asteroid or comet striking Earth. The TTAPS report produced a heated debate, and there is still no scientific consensus on whether a nuclear winter would follow a full-scale nuclear war. Recent work [Robock 2007, Toon 2007] suggests that even a limited nuclear exchange or one between newer nuclear-weapon states, such as India and Pakistan, could have devastating long-lasting climatic consequences due to the large volumes of smoke that would be generated by fires in modern megacities. While it is uncertain how destructive World War III would be, prudence dictates that we apply the same engi- neering conservatism that saved the Golden Gate Bridge from collapsing on its 50th anniversary and assume that preventing World War III is a necessity—not an option.




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