
Below is my column in USA Today on the NSA proposed reforms. I do believe that there are many worthy suggestions among the 46 recommendations, particularly the amending of Section 215 of the Patriot Act. However, what is missing is any true reform in ending this massive surveillance program since the White House panel started with the presumption that it was lawful. What remains are interesting but largely collateral changes. This includes a worthy proposal of adding an advocate to the FISA secret court. However, the panel does not (as with the program itself) seriously consider the need or the questionable legality of the secret court. Indeed, by tinkering around the edges of the program, the task force would effectively legitimize the program for the future. It will become the new normal in the President’s vision of a surveillance-friendly model of privacy.
The task force does call for serious changes in clearance rules however to avoid future disclosures of the abuses revealed by Edward Snowden. What is lacking is one measure that would go far in showing good faith by this President after years of rolling back on privacy: a pardon for Edward Snowden. Such pardons are not given because the subject is innocent or that a president agrees with his actions. They are granted in the totality of circumstances that mitigate the crime, including the disclosure of abuses that were long ignored, if not supported, by both the White House and Congress. A pardon can be legitimately conditioned on certain measures such as the return of undisclosed documents (which is a massive amount of files) and the signing of a non-disclosure agreement to allow prosecution for future disclosures. That would prevent further damage with disclosures, as suggested by at least on ranking intelligence official. I do not take violations of classification laws lightly and I understand the anger of many officials. However, the current standoff is not just undermining the credibility of the Administration but also doing little to limit further damage. I do not believe that Snowden is using the document to force such a pardon which remains unlikely. However, it is time to consider it. Despite the President’s understandable opposition to his method for raising the abuses, the Snowden disclosures have caused a comprehensive and international reexamination of surveillance rules, including new international measures to protect privacy. Perhaps it may be time to stop hunting the man and focus exclusively on the abuses that he disclosed. The column below is unfortunately limited in space, but it tries to raise some of these issues.
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