Tuesday, December 17, 2013

Why is Edward Snowden a criminal?

If you have been lulled into a state of somnolence about former government contractor Edward Snowden’s revelations that the government is collecting records of every phone call you’ve made, for years, it’s time to snap out of it. That’s the bracing effect of Judge Richard Leon’s Monday ruling that the National Security Agency is probably violating the Constitution with its 7-year-old program for collecting “telephony metadata”—the euphonic phrase for whom you call and whom you receive calls from. ...

And it comes today from a judge appointed by President George W. Bush who has previously ruled in favor of “expansive government power,” as Glenn Greenwald, breaker of much of the Snowden news, puts it. In other words, if Judge Leon didn’t buy the government’s argument about why it needs to collect and keep all this metadata, other judges—and many of the rest of us—may see it the same way. ...

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection an retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” he says. ...

Thank you, Judge Leon, for the wake-up call. And also for giving me reason to question, once again, the Obama administration’s insistence on treating Edward Snowden, as a criminal. Yes, he leaked everything on the farm. But without him, we’d never have this lawsuit or the alarm bells it joined in sounding. “If someone discloses a secret govt program that a Federal Court rules violates the Constitution, that person’s a whistleblower, right?” Greenwald tweeted Monday. Yes—that should be about right.