NSA Surveillance Data To Become Available To More Agencies

While civil liberties advocates worry about the incoming Trump administration, with some urging the Obama administration to curtail surveillance prior to Trump’s inauguration, The New York Times report that instead the NSA is being given increased latitude to share intercepted communications:

In its final days, the Obama administration has expanded the power of the National Security Agency to share globally intercepted personal communications with the government’s 16 other intelligence agencies before applying privacy protections.

The new rules significantly relax longstanding limits on what the N.S.A. may do with the information gathered by its most powerful surveillance operations, which are largely unregulated by American wiretapping laws. These include collecting satellite transmissions, phone calls and emails that cross network switches abroad, and messages between people abroad that cross domestic network switches.

The change means that far more officials will be searching through raw data. Essentially, the government is reducing the risk that the N.S.A. will fail to recognize that a piece of information would be valuable to another agency, but increasing the risk that officials will see private information about innocent people.

The American Civil Liberties Union did not accept the Obama administration’s justification for this change:

…Patrick Toomey, a lawyer for the American Civil Liberties Union, called the move an erosion of rules intended to protect the privacy of Americans when their messages are caught by the N.S.A.’s powerful global collection methods. He noted that domestic internet data was often routed or stored abroad, where it may get vacuumed up without court oversight.

“Rather than dramatically expanding government access to so much personal data, we need much stronger rules to protect the privacy of Americans,” Mr. Toomey said. “Seventeen different government agencies shouldn’t be rooting through Americans’ emails with family members, friends and colleagues, all without ever obtaining a warrant.”

Techdirt comments that “All of this means the NSA is now officially a domestic surveillance agency, even if a majority of its exploration of Americans’ data/communications is being done by proxy.”

The Verge adds:

The change also raises unavoidable privacy concerns. While the relevant data is collected overseas, it inevitably includes phone calls, emails, and other messages between US citizens. Without any form of filtering, the raw data includes everything that passed through a given network switch, without any form of reasonable suspicion or probable cause.

The new rule bears on all data collected under Executive Order 12333, which many believe to be responsible for the bulk of the NSA’s collection efforts. Issued by President Reagan, the order did not require a congressional vote, and has been subject to only minimal oversight by the legislature. Collection efforts under the order are not subject to court approval, as long as they occur outside the United States.

Presumably this is one executive order from Obama which Donald Trump will not reverse.

While I doubt he will take me up on this suggestion, as Obama is a centrist who often tries to please both sides, he should at least balance this by doing the right thing before leaving office and pardon Edward Snowden, who we have to thank for letting the American people know about the existence of this surveillance, and how the NSA had been breaking the law.

Bernie Sanders Presents Welcome Alternative To Hillary Clinton’s Conservative Record On Civil Liberties

LANHAM, MD - MAY 5:  U.S. Sen. Bernie Sanders (I-VT) speaks at a town hall meeting at the International Brotherhood of Electrical Workers Local Union 26 office May 5, 2015 in Lanham, Maryland. Sanders, who announced announced his candidacy for president on April 30, discussed a range of issues and took questions from the audience. (Photo by Drew Angerer/Getty Images)

While economic differences between Hillary Clinton and her more liberal challengers for the Democratic nomination have received the most attention, Clinton’s poor record on civil liberties issues is another reason why many liberals find her to be an unacceptable candidate. While Clinton has supported the Patriot Act, Bernie Sanders has voted against it. He has also opposed the abuses in NSA surveillance, and written the following forTime in response to the appeals court ruling that the surveillance is not legal:

I welcome a federal appeals court ruling that the National Security Agency does not have the legal authority to collect and store data on all U.S. telephone calls. Now Congress should rewrite the expiring eavesdropping provision in the so-called USA Patriot Act and include strong new limits to protect the privacy and civil liberties of the American people.

Let me be clear: We must do everything we can to protect our country from the serious potential of another terrorist attack. We can and must do so, however, in a way that also protects the constitutional rights of the American people and maintains our free society.

Do we really want to live in a country where the NSA gathers data on virtually every single phone call in the United States—including as many as 5 billion cellphone records per day? I don’t. Do we really want our government to collect our emails, see our text messages, know everyone’s Internet browsing history, monitor bank and credit card transactions, keep tabs on people’s social networks? I don’t.

Unfortunately, this sort of Orwellian surveillance, conducted under provisions of the Patriot Act, invades the privacy of millions of law-abiding Americans…

Hillary Clinton has supported the Patriot Act and, in contrast to Sanders, has been evasive when asked about abuses by the NSA–most likley waiting to see which position polls the best. Clinton has had a terrible record on First Amendment and civil liberties issues even beyond her support for the Patriot Act. As I’ve discussed previously, Clinton’s poor record regarding civil liberties and separation of church and state includes her support for the Workplace Religious Freedom Act , a bill introduced by Rick Santorum and opposed by the American Civil Liberties Union for promoting discrimination and reducing access to health care, leading a campaign to censor video games and introducing a bill making flag burning a felony.

Rand Paul Flip Flopping Away From Libertarianism As He Enters Republican Race

Rand Paul Conservative

Rand Paul has a problem much like Mitt Romney did, even though the details are different. Mitt Romney took many liberal positions when a politician in Massachusetts, and then had to flip flop on them to claim to be have been severely conservative to win the Republican nomination in 2012. Rand Paul has developed his base as sort of being a libertarian, and now is trying to fit more into the Republican mold to campaign for the 2016 presidential nomination.

Much of Rand Paul’s support has come from his opposition to foreign intervention, but he has been sounding more and more like a traditional Republican over the past  several months. and wrote:

…Paul is a candidate who has turned fuzzy, having trimmed his positions and rhetoric so much that it’s unclear what kind of Republican he will present himself as when he takes the stage….

There are at least two areas where Paul has moved more in line with the conservative Republican base, somewhat to the consternation of the purists in the libertarian movement: adopting a more muscular posture on defense and foreign policy, and courting the religious right.

Where he once pledged to sharply cut the Pentagon’s budget, for instance, Paul late last month proposed a $190 billion increase over the next two years — albeit one that would be paid for by cutting foreign aid and other government programs. His tour following the announcement of his candidacy will include an event at Patriots Point in South Carolina’s Charleston Harbor, with the World War II-era aircraft carrier USS Yorktown as a backdrop.

BuzzFeed News describes this as Rand Paul’s Bid To Be Everything To Every Republican Voter Politico reported on Paul being confronted on his changing views in a Today Show interview. Time recently described Paul’s new views on defense spending:

Just weeks before announcing his 2016 presidential bid, Kentucky Sen. Rand Paul is completing an about-face on a longstanding pledge to curb the growth in defense spending…

The move completes a stunning reversal for Paul, who in May 2011, after just five months in office, released his own budget that would have eliminated four agencies—Commerce, Housing and Urban Development, Energy and Education—while slashing the Pentagon, a sacred cow for many Republicans. Under Paul’s original proposal, defense spending would have dropped from $553 billion in the 2011 fiscal year to $542 billion in 2016. War funding would have plummeted from $159 billion to zero. He called it the “draw-down and restructuring of the Department of Defense.”

But under Paul’s new plan, the Pentagon will see its budget authority swell by $76.5 billion to $696,776,000,000 in fiscal year 2016.

The boost would be offset by a two-year combined $212 billion cut to funding for aid to foreign governments, climate change research and crippling reductions in to the budgets of the Environmental Protection Agency, and the departments of Housing and Urban Development, Commerce and Education.

Paul’s endorsement of increased defense spending represents a change in direction for the first-term lawmaker, who rose to prominence with his critiques of the size of the defense budget and foreign aid, drawing charges of advocating isolationism. Under pressure from fellow lawmakers and well-heeled donors, Paul in recent months has appeared to embrace the hawkish rhetoric that has defined the GOP in recent decades. At the Conservative Political Action Conference in February Paul warned of the rise of the Islamic State of Iraq and Greater Syria (ISIS). “Without question, we must now defend ourselves and American interests,” he said. Asked about federal spending, he added, “for me, the priority is always national defense.”

While Paul is sounding more like a Republican on defense spending and foreign policy, like many Republican “libertarians,” Paul has never been all that libertarian on social issues. While Rand Paul might not share all the faults of Ron Paul, I have discussed at length in the past how this brand of “libertarianism” does not promote individual liberty. The New York Times found that libertarian Republicans are 1) rare, and 2) not all that libertarian:

In one sense, you could argue that the libertarian wing of the Republican Party barely exists at all. According to a large Pew Research survey in 2014 of 10,000 respondents, 11 percent of Americans and 12 percent of self-identified Republicans considered themselves libertarian. They met a basic threshold for knowing what the term meant. But there wasn’t much “libertarian” about these voters; over all, their views were startlingly similar to those of the public as a whole.

The likeliest explanation is that “libertarianism” has become a catchall phrase for iconoclasts of all political stripes. “Libertarian” seems to have become an adjective for the liberal millennials who are more skeptical of regulations and assistance for the poor than their Democratic contemporaries. The same holds for the deeply conservative college students who may want to, for example, signal socially acceptable views about homosexuality. These “libertarians” have little resemblance to the true believers who might scare everyone else out of the room with their views on a flat tax, the Civil Rights Act and a return to the gold standard.

If we take a different tack and use issue positions, rather than self-identification, to identify libertarian voters, we still find only a small number of Republicans who consistently agree with Mr. Paul’s libertarian views. Only 8 percent of self-identified Republican-leaners in the Pew data take the libertarian position on four issues that he emphasizes: disapproval of the National Security Agency’s surveillance program; support for a more restrained American role in the world; skepticism of the efficacy of military intervention; and a relaxation on drug sentencing.

Paul has been especially conservative as opposed to libertarian on social issues such as abortion and same-sex marriage. He has been repeating a common line of right wing revisionist historians who deny the establishment of separation of church and state:

Paul also has been trying to find common cause with evangelical Christian voters, who have been skeptical of and even hostile toward the energized libertarian element of the GOP.

“The First Amendment says keep government out of religion. It doesn’t say keep religion out of government,” he told a group of pastors at a private breakfast on Capitol Hill on March 26.

Many contemporary writers, such as here and here, have already taken Paul to task for botching the meaning of the First Amendment. For further explanation, I’ll turn to someone who not only was around at the time the First Amendment was written, but is also a hero to many libertarians–Thomas Jefferson:

“Believing with you that religion is a matter which lies solely between man & his god, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and state.” —Thomas Jefferson, January 1, 1802

Paul has recently been having difficulty answering questions as to whether he would permit any exceptions in laws he supports prohibiting abortion rights. He tried to throw back the question to the Democratic National Committee, and Debbie Wasserman Schultz quickly responded:

“Here’s an answer,” said Schultz. “I support letting women and their doctors make this decision without government getting involved. Period. End of story. Now your turn, Senator Paul. We know you want to allow government officials like yourself to make this decision for women — but do you stand by your opposition to any exceptions, even when it comes to rape, incest, or life of the mother? Or do we just have different definitions of ‘personal liberty’? And I’d appreciate it if you could respond without ’shushing’ me.”

That is a far better response than what we have been accustomed to from Hillary Clinton, who has repeatedly undermined liberal proponents of  abortion rights with calls for abortion to be safe, legal, and rare, stigmatizing women who do seek abortions. Still, while many liberals are unhappy with the prospect that the Democrats will nominate someone as conservative as Hillary Clinton, her views (and the likely views of any Supreme Court justices she would appoint) are far preferable to Paul’s views on social issues, while Paul’s views on national security issues are rapidly moving to be as far right as the views of both Clinton and the other Republican candidates. On the other hand, I do welcome seeing Paul challenge Clinton on other civil liberties issues, such as NSA surveillance–assuming he doesn’t also flip flop on this.

Republican Minority Blocks Bill To Curtail NSA; Democrats To Take Over Role Of Blocking What They Oppose

Not very long ago it was common for bipartisan coalitions to accomplish things in Congress. That was largely before the current realignment in which Democratic southern conservatives have either joined the Republicans or been voted out of office, and Republican moderates and liberals have been driven away. Theoretically even a totally conservative Republican Party might have members finding common ground with some Democrats at times.  Traditionally there have been some conservative Republicans who have been strong advocates of civil liberties.

Curtailing NSA surveillance would seem to be an area where liberal Democrats and some conservative Republicans might work together. In our bizarre system where a majority does not rule and sixty votes are needed in the Senate,Patrick Leahy’s bill to end the NSA’s bulk data collection died due to only receiving a 58 to 42 majority. This died due to solid Republican opposition, led by Mitch McConnell who felt the bill went to far, and Rand Paul who rationalized voting with the rest of the Republicans by saying the bill did not go far enough.

Libertarians at Reason’s Hit & Run blog were disappointed in Paul, writing that, “Paul and the rest of his fellow citizens may well come to rue the day that he allowed the perfect to get in the way of the merely better.” Regardless of his justifications, Rand Paul has shown that he cannot be counted upon in promoting civil liberties issues. I fear that as Rand Paul tries to position himself as a serious contender for the presidential nomination, he will increasingly align himself with McConnell and become indistinguishable from other Republicans from the authoritarian right. I have often pointed out how his father, Ron Paul, was also hardly the defender of liberty which his fans made him out to be.

There is some small consolation that the Republican minority which has concentrated on blocking Democratic legislation will now replaced by a Democratic minority which can also act to block the disastrous Republican agenda. In describing the Democrats who blocked the Keystone XL pipeline, Politco reported on what they are calling the “hell no” caucus:

..red-state Democrats like Mark Pryor of Arkansas and Mark Begich of Alaska are on their way out, and liberals like Jeff Merkley, Bernie Sanders and Sheldon Whitehouse — with Elizabeth Warren leading the way on messaging — may cause as many headaches for Senate Republicans as tea partyers caused Democrats in the past four years…

Asked if he could ever envision himself performing a Rand Paul-style talking filibuster in the Republican Senate, Whitehouse of Rhode Island replied: “Oh, of course. We will have more tools in the minority than we had in the majority.”

Progressives are girding for battle with Republicans over campaign finance law, consumer protections and women’s health care. But the early battle lines appear increasingly drawn around environmental policy, where Democratic centrists may defect from leadership in next year’s Senate and help Republicans pass legislation strongly opposed by liberal senators…

Even as they vow to fight Republicans at every turn on issues that fundamentally divide liberals and conservatives, left-leaning Democrats insist that they will not do so seeking retaliation against a Republican minority that stymied their economic, environmental and social priorities for so long with filibusters and delay. Those days, they insist, are gone — leaving liberals to somehow find a balance between fighting for their convictions and not drawing the same charges of obstruction that have dominated Democratic messaging for years.

“The best news about a Republican majority in the Senate is that the Republican minority is now gone,” Whitehouse said. “They were just a god-awful minority.”

Maybe this will free up liberal Democrats to more strongly articulate their views on the issues, while allowing more people to see what the Republican agenda really is.

SciFi Weekend: Tuesday Shows Go Dark (SHIELD and Person of Interest); Sleepy Hollow; Under The Dome (“Nothing But A Giant Suck Hole”); Doctor Who; Outlander; Arrow; Gotham; Shatner Star Trek Rumors; If Ayn Rand Wrote Buffy

Shield Go Dark

Tuesday night featured the return of two television shows which have both changed for the post-Snowden era, Agents of SHIELD and Person of Interest. On each show the heroes are now working in secret, or even greater secrecy than they had operated in the past.

The premiere of Agents of SHIELD was not as good as the final episodes of the first season following Captain America: The Winter Soldier but did show promise of setting up a far better second season than the first was.  A couple problems from the first season are now solved. No longer can the team theoretically call upon the vast resources of SHIELD. This group is also easier to root for in the post-Snowden era. There is no doubt that the old SHIELD would have been listening in on our phone calls, reading our email, and have no problem with extraordinary rendition or even torture. That SHIELD no longer exists. We can dislike General Talbot as the nominally good protagonist (wondering if Bruce Banner is also in the neighborhood) and root for SHIELD in opposing him.

The episode started with a flashback of Agent Carter, including a glimpse of a green being in a box, suggesting the alien which was used to save Coulson, and later Skye (who works far better as an agent rather than the outsider) along with connecting to Guardians of the Galaxy.The show now makes mention of multiple Marvel characters, and included a super-villain, which gives the show much more the feel of being in the Marvel universe than seen in the first season. Lucy Lawless made her appearance as Isabelle  Hartley and lost her arm if not her life. There is certainly the possibility of her return on a show where two characters have returned from death or near-death, and now we have Dr. Whitehall, who hasn’t aged since seen in 1945.

While we don’t know whether Lucy Lawless will return, there is news that Adrianne Palecki of Friday Night Lights (and who almost became Wonder Woman) will be guest starring as Mockingbird later this season.

There were additional consequences to the events of last season beyond the breakup of SHIELD. Fitz is more interesting than last season now that we found that he did not recover from the lack of oxygen to his brain, and is imagining that Simmons is with him after she left. I would anticipate some recovery on his part and probably a Fitzsimmons reunion down the road. Agent Ward is also a bit nuts compared to last season, and may or may not really know anything about Skye’s father. I suspect he really does, and we might be in store for some Hannibal/Clarice type scenes between Ward and Skye this season.

Person of Interest s04e01

Go Dark was the strategic order from Director Coulson on Agents of SHIELD, and also describes the strategy Root devised with the Machine to keep everyone alive and hidden from Samaritan on Person of Interest.  The increased concern over the dangers of the surveillance state has been fortuitous for the show. Initially the Machine’s surveillance was primarily a gimmick to get the heroes into the story of the week, but last season the show transitioned far more into a series about the dangers of government surveillance and artificial intelligence in the wrong hands. The show has largely been rebooted this season, and shows promise of being even better than previous seasons.

Series co-creator Greg Plageman compared artificial intelligence to the creation of the atomic bomb at San Diego Comic-Con:

I think when we started out this show we were answering a lot of questions about the Orwellian surveillance state and people asking us if that was science fiction and now, in a post-Snowden era, no one’s asking those questions anymore. So what does the show become now?

I think the most interesting question in terms of our show and technology that is emerging is artificial intelligence. We’re living in a world now where not just nation states—Israel, United States, the Russians, whoever—are trying to build an artificial intelligent. The thing closest to this was the Manhattan Project, the greatest existential risk the world has ever faced: the development of the atomic bomb, and the race to get it, and who was going to get it first and what that meant in terms of ending World War II.

We are now at a similar crossroads with artificial intelligence. The only difference is it’s not just DARPA. It’s not just nation states. It’s a bunch of billionaires in their 30s up in Silicon Valley who are buying up all the artificial intelligence companies. It’s fascinating. Look up ‘Deep Mind,’ see what’s going on. No one really knows.

Harold Finch built a machine, an artificial intelligence, that he supposed was sympathetic to humankind. But what if someone built one that didn’t take that into consideration at all? And I think we’re dealing with the next great existential risk to the world and I think that’s something our show can deal with in a really cool way.

The Blacklist was among other shows which returned, once again turning what would otherwise be a mediocre show into a hit due to the presence of James Spader. Mary Louise Parker makes an excellent addition as his ex-wife.

Sleepy Hollow also returned with a strong season premiere. This is a series which I am reluctant to write much about as any description of the show sounds absurd. They manage to pull off its absurdities very well (far better than Under the Dome does). It is always fun to see what they come up with to tie early American history into their mythology, such as revealing that they key used on Benjamin Franklin’s kite is used to unlock Purgatory. As I said, it sounds like it makes no sense, but the show is so much fun.

Under the Dome Season 2 Finale

Under the Dome ended and the series could be summed up by what Noreen said: “It’s nothing but a giant killer suck hole!” The giant suck hole appeared the previous week after Melanie, a character who came back from the dead, was apparently killed a second time. In other recent episodes there was a tunnel under the school in which people could jump off a cliff and appear in another city, until Big Jim messed that up. Recently it became cold and nobody in town had any warm clothes to put on. The Dome started contracting, and when they began to time the contractions I wondered if next they were going to say the Dome was pregnant.

In the second season, and hopefully series, finale, everyone in town who could make it went through a tunnel where the giant suck hole had appeared. The final moment showed Melanie once again back from the dead, saying “Follow me, we’re going home.”But isn’t Chester’s Mill their home? If the show returns next summer, we will presumably see where Melanie leads them. I wouldn’t be surprised if they follow her, perhaps to an intermediate destination, and they ultimately wind up back in Chester’s Mill, like Patrick McGoohan trying to leave The Village. I imagine that if it doesn’t return, we can just assume that they escape, possibly coming back to rescue those who didn’t make it.

Doctor Who The Caretaker

On Doctor Who, The Caretaker returned to its 1963 roots at Coal Hill School, and Gareth Roberts, writer of episodes such as The Lodger, once again showed the Doctor attempting to blend in with humans. The killer alien story was weak, and primarily existed as a vehicle to have the Doctor finally meet Danny Pink. Along the way the Doctor got mislead when seeing Clara speaking with a fellow school teacher wearing a bow tie, thinking that she had fallen for someone who looks like his previous regeneration. While we had long been led to believe we will have another couple in the TARDIS, with Clara and Danny replacing Amy and Rory, it now looks like there once again might be two schoolteachers and a student, with Courtney joining along, at least temporarily, despite being a disturbance:

Clara: “I would say, yes, I’m afraid Courtney is a disruptive influence.”

Response: “Yeah, but last year you said she was a very disruptive influence. So I suppose that counts as an improvement.”

Courtney discovered the TARDIS after ignoring the Doctor’s sign to keep out, or more precisely, “Go Away Humans.”

The meeting between the Doctor and Danny Pink didn’t go very well. The Doctor continues to object to soldiers, apparently forgetting all the time he spent with UNIT, along with many other individual soldiers over the centuries. Danny sees the Doctor as an arrogant aristocrat, concentrating on the Lord part of Time Lord. He also wondered about about Clara (“Are you a space woman?”).

The episode also introduced another gadget for the Doctor, an invisibility watch. This raises the question of why this was never used on many occasions when it could have come in handy in the past, and whether it will be used again. Another plot hole which we will just have to ignore.

Among other top lines of the episode:  “You’re running out of time.” “For what?” “Everything! Human beings have incredibly short lifespans. Frankly, you should all be in a constant state of panic. Tick tock, tick tock.”

After not seeing this in recent episodes, The Caretaker also showed a character who died in the episode wind up in the Nethersphere, or perhaps Heaven.

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Saturday night’s other time travel series, Outlander, got deeper into time travel in the mid-season finale. Frank heard of the possibility of time travel at Craig na Dun, and by the end of the  episode was willing to accept it as a possibility. In addition to seeing a poster with a reward for information related to Claire, there was another poster in Frank’s era seeking information about someone who sure looks like Jaime, suggesting that he might also wind up traveling in time.

It was surprising that a spy like Frank would fall into such an obvious trap when seeking information about Claire, but he was quite well prepared to take care of himself. He seemed to enjoy beating up his attackers too much, perhaps intending to show a comparison between the violence of his evil ancestor and Frank. Are we to question which husband Claire is really best off with?

The episode had a tease that Claire might return home. At very least she did hear Frank calling out to her through time, but it was intentionally left ambiguous as to whether Frank could hear Claire calling back. Just before getting a chance to return, she fell into the hands of Black Jack once again, with her attempts to deceive him failing. We don’t know  how Jaime managed to get into his window, but he came to attempt to save Claire just before she might have received an involuntary mastectomy. We will see what happens next when Outlander returns in April.

Arrow Oliver and Felicity

Arrow returns October 8 and Marc Guggenheim has discussed the upcoming season:

“He is going to get some new toys to play with,” Guggenheim said. “One of them is a new bow that looks identical to the old bow, but it does something that you’ve never seen before.” Guggenheim disclosed that the explanation behind Oliver’s new equipment will be detailed in DC Comics‘ currently unfolding digital-first series “Arrow: Season 2.5,” taking place between the second and third seasons.

While “Arrow” has traditionally been more grounded, the show’s second season embraced superpowers a bit more, both in laying the groundwork for spinoff “The Flash” and in Slade Wilson and his Mirakuru-fueld army that served as primary antagonists. With “The Flash” now its own series on The CW, Guggenheim stated that “Arrow” will return to a more realistic direction.

“We’re not really planning on revisiting superpowers or enhanced abilities during season three,” Guggenheim told Weiland. “We are really returning to the show’s roots of a very grounded world where it’s very realistic. We may take occasional artistic license with things, but for the most part, everything is pretty well and truly grounded in real-life things and real-life science.”

Another DC comic-based series began with the premiere of Gotham. I think we will need to see more to determine if is worth watching a show with Bruce Wayne before he became Batman. While it includes the origins of several villains, I think we will have to view this as another version of the legend, not connected chronologically with other Batman stories. While we think of the murder of Bruce’s parents as occurring years ago, Gotham appears to take place in the present (or a parallel universe were cell phones have been around a lot longer).

Syfy has renewed both Defiance and Dominion.

CaptainKirkShatner_1

There have been a number of rumors, denials, and perhaps an admission that J.J. Abrams has spoken to William Shatner about doing a cameo for his third Star Trek movie. I have my doubts as to whether it is a good idea, but it is more plausible now than in the first Abrams movie in which Spock from the original time line went back in time. Kirk could not do that because in that time line he was dead. However this doesn’t prevent a future Kirk from being seen from the Abrams time line.

There is yet another rumor that the next Avengers movie will be split into two parts.

If Ayn Rand wrote Buffy The Vampire Slayer

This Is Not The Libertarian Moment, But Also Not The Right Moment For Democrats To Follow Hillary Clinton’s Views

Robert Draper asks, Has the ‘Libertarian Moment’ Finally Arrived? in The New York Times Magazine.

Libertarians, who long have relished their role as acerbic sideline critics of American political theater, now find themselves and their movement thrust into the middle of it. For decades their ideas have had serious backing financially (most prominently by the Koch brothers, one of whom, David H., ran as vice president on the 1980 Libertarian Party ticket), intellectually (by way of policy shops like the Cato Institute and C.E.I.) and in the media (through platforms like Reason and, as of last year, “The Independents”). But today, for perhaps the first time, the libertarian movement appears to have genuine political momentum on its side. An estimated 54 percent of Americans now favor extending marriage rights to gay couples. Decriminalizing marijuana has become a mainstream position, while the drive to reduce sentences for minor drug offenders has led to the wondrous spectacle of Rick Perry — the governor of Texas, where more inmates are executed than in any other state — telling a Washington audience: “You want to talk about real conservative governance? Shut prisons down. Save that money.” The appetite for foreign intervention is at low ebb, with calls by Republicans to rein in federal profligacy now increasingly extending to the once-sacrosanct military budget. And deep concern over government surveillance looms as one of the few bipartisan sentiments in Washington, which is somewhat unanticipated given that the surveiller in chief, the former constitutional-law professor Barack Obama, had been described in a 2008 Times Op-Ed by the legal commentator Jeffrey Rosen as potentially “our first president who is a civil libertarian.”

Meanwhile, the age group most responsible for delivering Obama his two terms may well become a political wild card over time, in large part because of its libertarian leanings. Raised on the ad hoc communalism of the Internet, disenchanted by the Iraq War, reflexively tolerant of other lifestyles, appalled by government intrusion into their private affairs and increasingly convinced that the Obama economy is rigged against them, the millennials can no longer be regarded as faithful Democrats — and a recent poll confirmed that fully half of voters between ages 18 and 29 are unwedded to either party. Obama has profoundly disappointed many of these voters by shying away from marijuana decriminalization, by leading from behind on same-sex marriage, by trumping the Bush administration on illegal-immigrant deportations and by expanding Bush’s N.S.A. surveillance program. As one 30-year-old libertarian senior staff member on the Hill told me: “I think we expected this sort of thing from Bush. But Obama seemed to be hip and in touch with my generation, and then he goes and reads our emails.”

To say that the libertarian moment has arrived based upon the views of millennials is to look at only part of the picture. Polling has showed millennials to typically be liberal on social issues, non-interventionist on foreign, policy, but far from conservative or libertarian on issues such as preserving the safety-net and providing universal health care. They are hardly likely to be attracted by either the Republican or Libertarian Party. Unfortunately the Democrats also are risking turning off such voters with the choice of Hillary Clinton:

Early polls show young voters favoring Hillary Rodham Clinton in 2016, but their support could erode as they refamiliarize themselves with her, just as it did in 2008. Clinton has been even slower than Obama to embrace progressive social causes, while in foreign policy, she associates herself more with her former Senate colleague John McCain than with noninterventionists. Nor is Clinton likely to quell millennial fears about government surveillance. Welch says: “Hillary isn’t going to be any good on these issues. She has an authoritative mind-set and has no interest in Edward Snowden, who’s a hero to a lot of these people.”

Comparing Clinton to John McCain, who seems to have never seen a possibility for going to war which didn’t excite him, might be a little extreme, but she has firmly placed herself in the Joe Lieberman camp. She is a rare Democrat who rooted for going to war with Iraq based upon false claims tying Saddam to al Qaeda. She now repudiates her past support for the war however the story of Hillary Clinton’s career has been to get the big issues wrong at the time and possibly later realize that she was wrong. As I’ve also pointed out before, in the remote chance that the Republicans do nominate Rand Paul, or anyone else with similar non-interventionist views, this could really shake up the race, putting Democrats in the position of running from the right on foreign policy. Clinton’s weakness and cowardice on social issues wouldn’t help matters.

So, no, the Libertarian Moment has not arrived. The future looks more friendly towards politicians who are socially liberal, anti-interventionism, but far from libertarian across the board. Most likely the Republicans will run a candidate who is even further to the right of Hillary Clinton on foreign policy and social issues, and as Andrew Sullivan recently argued, Clinton will try to run on vacuous statements (along with inevitability), and avoid taking controversial positions on the issues.  She will continue to try to stick with what she sees as safe answers, such as saying that the Bible is the book which she found most influential. Maybe she will get away with it, but if the Republicans shake things up and question her on more libertarian grounds on social issues and foreign policy, there is the real danger of the Democrats losing the millennials.

Why Many People In The Middle Now Identify With The Left

While the country has become more liberal in some ways, the Republican Party has moved to the extreme right, and the Democratic Party has filled in the vacuum in the middle by also moving to the right on many issues. As a consequence, many people who previously considered themselves in the middle are finding that the current views of the left are closer to their views. Thomas Ricks, who wrote Fiasco, and excellent look at the Iraq War, described why he moved to the left at Politico:

Disappointment in the American government over the last 10 years. Our wars in Afghanistan and Iraq were the first big shocks. I thought that invading Afghanistan was the right response to the 9/11 attacks, but I never expected the U.S. military leadership would be so inept in fighting there and in Iraq, running the wars in ways that made more enemies than were stopped. I believe that the invasion of Iraq was wrong, not only launched on false premises but also strategically foolish in that ultimately it has increased Iran’s power in the Middle East.

Torture. I never expected my country to endorse torture. I know that torture has existed in all wars, but to my knowledge, its use, under the chilling term “enhanced interrogation,” was never official U.S. policy until this century. In fact, until our recent wars, the American military had a proud heritage of handling its prisoners better than most. During the Revolutionary War, Gen. George Washington reminded his men of the need to “Treat [captives] with humanity, and Let them have no reason to complain of our Copying the brutal example of the British army.”

How we fought. I never thought that an American government would employ mercenaries in a war. And yet we did this in Iraq by hiring thousands of armed “security contractors” who in practice were subject neither to local law nor to the American military justice system, and so could and often did treat Iraqis badly. In September 2007, I remember, American officers, who by then understood the need to treat Iraqi civilians well, were outraged when Blackwater employees shot 37 Iraqis in Baghdad’s Nisour Square—the rough equivalent of opening up on the lunch crowd in Dupont Circle. Yet to my knowledge, the U.S. government has not studied how the use of mercenaries poisoned the conduct of the war. Indeed, it gives every indication of planning to operate the same way in the future.

Intelligence officials run amok. I think that American intelligence officials have shown a contempt for the way our democracy is supposed to work in turning a vast and unaccountable apparatus on the citizens it is supposed to be protecting. I remain wary of Edward Snowden’s motivations and connections, yet still am worried by the intrusive surveillance by the National Security Agency he has unveiled. At the very least, in a democracy, we should be able to be informed about the actions that have eroded our privacy but supposedly were taken in our name.

Growing income inequality. I also have been dismayed by the transfer of massive amounts of wealth to the richest people in the country, a policy supported over the last 35 years by successive administrations of both parties. Apparently income redistribution downward is dangerously radical, but redistribution upward is just business as usual. The middle class used at least to get lip service from the rich—“backbone of the country” and such. Now it is often treated like a bunch of saps not aware enough to evade their taxes.

This led to a lengthy discussion at The Moderate Voice, where I also blog. Many of the bloggers and regular commentators there are in a similar position, thinking of themselves as moderates but finding their views are now more in line with the left, especially on social issues. While Ricks didn’t mention social issues, the desire to keep government out of the private lives of individuals has led many people to abandon the Republicans and the conservative movement.

Opposition to the Iraq War and related issues has generally been the defining issue for the formation of the liberal “netroots” and this dominates Ricks’ reasons. Republicans typically use fear and distort Democratic views, such as with the misquotation of Obama as the theme of the last Republican convention, to falsely paint liberals as being for socialism. There are no such economic views listed by Ricks, and the same is typical of many liberals. There is a far greater variation in views on the left than on the right, but the center of gravity has moved rightwards on economic issues. Liberals tend to be  more pragmatists and closer to Eisenhower Republicans than anything close to socialist (by its classic meaning).

If the word conservative really meant anything, in many ways today’s liberals are the conservatives who want to preserve our market economy, while eliminating its abuses, while Republicans are the radicals who want to destroy the system and make our economy more like a banana republic. It is the Republicans who are irresponsible fiscally, financing their policies on credit (while Democrats are more likely to include financing for their policies), caring more about tax cuts for the rich as opposed to cutting the deficit, and rigging the system to redistribute wealth from the middle class to the rich. Besides the ethical problems with this, destroying the middle class is horrible for the economy, and in the long run doesn’t even benefit the rich either, unless you want to live in a banana republic. On top of this we have the Republicans engaging in irresponsible action such as shutting down the government and making an issue out of increasing the debt ceiling, resulting in a lowering of the country’s credit rating.

The Affordable Care Act is a good example of how both parties have moved to the right on health care. Obamacare is quite close to Richard Nixon’s health care plan, the GOP counter-proposal to HillaryCare in the 90′s, and Mitt Romney’s plan. Republicans used to push for mandates, exchanges, and recommended high deductible plans tied to medical savings accounts. Once Obama pushed for all of this, as opposed to previous more liberal health care proposals, the Republicans suddenly claimed that everything they supported in the past is socialism and amounts to a government takeover of health care. (Of course part of the Republican opposition is because Obamacare does differ from the old Republican proposals in including regulations to keep insurance companies from ripping off consumers while pushing to increase use of private insurance companies.)

Conservatives are likely to misinterpret the inclusion of concerns about income inequality by Ricks, as well as myself  in this post, as indicating support for socialism. Concern about the deleterious effects of  the concentration of wealth to our economy is not an exclusively liberal viewpoint–see the works of Kevin Phillips on this. Nor does this mean that socialism is being advocated as the solution.

Nicholas Kristof has an op-ed on income inequality which is worth reviewing:

First, economic inequality has worsened significantly in the United States and some other countries. The richest 1 percent in the United States now own more wealth than the bottom 90 percent. Oxfam estimates that the richest 85 people in the world own half of all wealth.

The situation might be tolerable if a rising tide were lifting all boats. But it’s lifting mostly the yachts. In 2010, 93 percent of the additional income created in America went to the top 1 percent.

Second, inequality in America is destabilizing. Some inequality is essential to create incentives, but we seem to have reached the point where inequality actually becomes an impediment to economic growth.

Certainly, the nation grew more quickly in periods when we were more equal, including in the golden decades after World War II when growth was strong and inequality actually diminished. Likewise, a major research paper from the International Monetary Fund in April found that more equitable societies tend to enjoy more rapid economic growth.

Indeed, even Lloyd Blankfein, the chief executive of Goldman Sachs, warns that “too much … has gone to too few” and that inequality in America is now “very destabilizing.”

Inequality causes problems by creating fissures in societies, leaving those at the bottom feeling marginalized or disenfranchised. That has been a classic problem in “banana republic” countries in Latin America, and the United States now has a Gini coefficient (a standard measure of inequality) approaching some traditionally poor and dysfunctional Latin countries.

Third, disparities reflect not just the invisible hand of the market but also manipulation of markets. Joseph Stiglitz, the Nobel Prize-winning economist, wrote a terrific book two years ago, “The Price of Inequality,” which is a shorter and easier read than Piketty’s book. In it, he notes: “Much of America’s inequality is the result of market distortions, with incentives directed not at creating new wealth but at taking it from others.”

For example, financiers are wealthy partly because they’re highly educated and hardworking — and also because they’ve successfully lobbied for the carried interest tax loophole that lets their pay be taxed at much lower rates than other people’s.

Likewise, if you’re a pharmaceutical executive, one way to create profits is to generate new products. Another is to lobby Congress to bar the government’s Medicare program from bargaining for drug prices. That

Fourth, inequality doesn’t necessarily even benefit the rich as much as we think. At some point, extra incomes don’t go to sate desires but to attempt to buy status through “positional goods” — like the hottest car on the block.

The problem is that there can only be one hottest car on the block. So the lawyer who buys a Porsche is foiled by the C.E.O. who buys a Ferrari, who in turn is foiled by the hedge fund manager who buys a Lamborghini. This arms race leaves these desires unsated; there’s still only one at the top of the heap.

Fifth, progressives probably talk too much about “inequality” and not enough about “opportunity.” Some voters are turned off by tirades about inequality because they say it connotes envy of the rich; there is more consensus on bringing everyone to the same starting line.

Unfortunately, equal opportunity is now a mirage. Indeed, researchers find that there is less economic mobility in America than in class-conscious Europe.

We know some of the tools, including job incentives and better schools, that can reduce this opportunity gap. But the United States is one of the few advanced countries that spends less educating the average poor child than the average rich one. As an escalator of mobility, the American education system is broken.

Cross posted at The Moderate Voice

Update: Norm Ornstein On The Republican Battle Between The Conservatives And Lunatic Radicals

Liberal Democrats and Libertarian Republicans Working On Common Goals

Republicans have always had a libertarian wing but their influence and willingness to fight for true freedom has varied over time. Far too often Republican talk of freedom turns into the freedom of businesses to ignore necessary regulations or the freedom to impose their social and religious values upon others. Limited government also far too often turns out to mean reducing the authority of the federal government in order to allow state governments to infringe upon the rights of minorities. With true defense of freedom being rare among Republicans in recent years, it was good to see a report from The New York Times that Liberals and Libertarians Find Common Ground in House.

The article lists several areas where some Republicans have crossed the aisle to work with liberal Democrats:

From abortion to electronic privacy to background checks for gun purchases, a strange thing has been happening on the floor of the House as it debates its spending bills for the coming fiscal year: the stirrings of liberalism.

The House on Thursday voted 221 to 200 to approve an amendment by one of its most vocal liberal members, Representative Rosa DeLauro, Democrat of Connecticut, to ban federal contracts for companies that set up sham headquarters in offshore tax havens like Bermuda. Thirty-four Republicans bucked their party to push it to passage.

That was only the most recent stirring of life on the House’s left flank. Democrats have long hoped they could find common cause on at least some issues with the Republican conference’s libertarian wing. That is starting to happen, fueled by rising distrust of government on the right, a willingness of Democrats to defy the Obama administration in some instances and a freewheeling amendment process on appropriations bills.

The article cites examples of liberals and libertarians working together on legislation to increase individual liberty, from medical marijuana to privacy protections:

The tally of left-libertarian legislation is growing, with the House at least on record voting to limit federal law enforcement actions, intelligence efforts and social policy reach. On May 30, 49 Republicans crossed the aisle to approve language barring the federal government from raiding medical marijuana dispensaries.

“Some people are suffering, and if a doctor feels that he needs to prescribe something to alleviate that suffering, it is immoral for this government to get in the way,” said Representative Dana Rohrabacher, Republican of California, once one of the chamber’s most ardent conservatives, now a co-sponsor of the marijuana measure.

The day before, 76 Republicans joined Democrats to add $19.5 million to the federal instant background check system for gun purchases. The House Appropriations Committee has approved an amendment to allow Peace Corps volunteers who become pregnant by rape to have a federally funded abortion and another measure limiting the federal government’s access to private email communications.

“By passing this amendment, the Appropriations Committee is taking a critical step towards ensuring all Americans are protected by the Fourth Amendment — their mail, documents on their desks at home, and now their private emails,” said Representative Kevin Yoder, Republican of Kansas and one of the measure’s authors.

On June 19, the House voted 293 to 123 to prohibit the National Security Agency and C.I.A. from placing “backdoor” surveillance technologies on commercial technology products and to end warrantless collection of Americans’ online activities. That amendment, passed over the White House’s objections with a veto-proof margin, was written by Representative Thomas Massie, Republican of Kentucky and one of the House’s most outspoken libertarians, with the Democratic Representatives Zoe Lofgren, who represents Silicon Valley, and Rush D. Holt of New Jersey, a physicist.

An amendment by Representative Dave Reichert, Republican of Washington, reversed cuts to a Bill Clinton-era program that funds local police forces, a program long on the Republican target list. The liberal Democrat that Republicans love to hate, Representative Alan Grayson of Florida, convinced just enough Republicans to pass an amendment blocking the Justice Department from compelling journalists to divulge confidential sources. Another Democratic amendment clears a legal path for states to cultivate industrial hemp.

To be sure, Republicans note, plenty of amendments have driven spending bills to the right. Just last week, the House voted to block the Obama administration’s efforts to combat climate change on multiple fronts, including one amendment that prohibits any funding for any aspect of the administration’s “climate change agenda.”

Amendments also have passed to end the deferring of deportations of immigrants brought illegally to the country as children, to fund a Justice Department investigation of the Department of Homeland Security’s release of illegal immigrants and to block high-speed rail in California.

But, Mr. Massie said, the libertarian-liberal alliance is real and growing. He said he has been working with Ms. Lofgren on legislation that would repeal a federal law that makes it a felony to unlock a cellphone tied to a particular carrier, even after a contract is expired. Libertarians are also teaming with Democrats to change laws on federal mandatory minimum sentencing.

It would be helpful if left-libertarian goals were a higher priority from the executive branch. Obama had initially raised hopes that he would have governed as more of a left-libertarian, and Obama did receive some libertarian support when initially running for president. While he has been far preferable to George Bush on civil liberties, he has disappointed civil libertarians in areas ranging from continuing many of the Bush surveillance plans (even if seeking reform in some areas) to failing to keep his campaign promises regarding ending federal raids related to medical marijuana. While nothing is a certainty in politics, it looks most likely that Hillary Clinton, who has been to the right of Obama, is likely to win the 2016 nomination. This could leave it up to such a liberal and libertarian coalition in Congress to pursue liberal goals. There is hope for greater emphasis by the Democrats (and possibly some Republicans) on matters of personal freedom in the future as polls show that younger voters are more “determined to protect personal liberties from conservative moral constraint.”

New NSA Director Found Snowden Leaks Not Harmful To National Security

Edward Snowden provided the nation a valuable service in revealing how the government was lying to the American people and Congress about the extent of NSA surveillance. Those opposed to his release of classified information have often claimed that he endangered the country by revealing the information despite lack of any evidence that this is the case. A recent interview with the director of the NSA in The New York Times agrees with previous assessments doubting that Snowden’s revelations have done any serious harm:

The newly installed director of the National Security Agency says that while he has seen some terrorist groups alter their communications to avoid surveillance techniques revealed by Edward J. Snowden, the damage done over all by a year of revelations does not lead him to the conclusion that “the sky is falling.”

In an hourlong interview Friday in his office here at the heart of the country’s electronic eavesdropping and cyberoperations, Adm. Michael S. Rogers, who has now run the beleaguered spy agency and the military’s Cyber Command for just short of three months, described the series of steps he was taking to ensure that no one could download the trove of data that Mr. Snowden gathered — more than a million documents…

Notable in his comments was an absence of alarm about the long-term effects of the Snowden revelations. Like former Secretary of Defense Robert M. Gates, who urged colleagues in the Obama administration to calm down about the WikiLeaks revelations in 2010, Admiral Rogers seemed to suggest that, as technology progressed, the agency would find new ways to compensate for the damage done, however regrettable the leaks.

He repeated past warnings that the agency had overheard terrorist groups “specifically referencing data detailed” by Mr. Snowden’s revelations. “I have seen groups not only talk about making changes, I have seen them make changes,” he said.

But he then added: “You have not heard me as the director say, ‘Oh, my God, the sky is falling.’ I am trying to be very specific and very measured in my characterizations.”

House Votes To Place Limits on Backdoor Searches; Obama Administration Seeks Reauthorization Of NSA Surveillance

Thanks to the revelations in the material on surveillance released by Edward Snowden, the United States is  now taking baby steps towards reforming the system. Late in the week the House did vote to limit “backdoor searches.” The amendment received bipartisan support, showing how opposition to excessive NSA surveillance is an issue which does not fall under usual partisan lines. More Democrats than Republicans did vote in favor, Democrats voting it 158 to 29, with Republicans voting it 135 to 94 in favor.

Vox explained the significance:

What’s a backdoor search?

In 2008, Congress passed the FISA Amendments Act (FAA), which expanded the government’s warrantless surveillance powers.

Ordinarily, the Fourth Amendment requires an individualized warrant before the government can engage in surveillance on American soil. But the FAA created an alternative process where a judge can authorize entire surveillance programs without necessarily knowing which specific people will be surveillance targets. The PRISM program, which the NSA uses to obtain private information from companies such as Google and Facebook, was authorized under this provision of the FAA.

The George W. Bush administration argued that it needed this new power to spy on terrorists whose communications passed through the United States. The FAA included a provision barring the government from using the surveillance facilities to “target” Americans. The problem, civil liberties groups argue, is that “targeting” is defined in a way that doesn’t actually protect Americans. There are ways for the NSA to effectively spy on Americans without technically “targeting” them.

One example is what’s known as a backdoor search. In this technique, the NSA engages in wide surveillance of communications that involve both Americans and foreigners. So long as the foreigners are the official “target,” this is permitted under the FAA. The NSA sometimes stores the information it has collected in a giant database. And the agency has taken the position that it can search this database for information about Americans without running afoul of the no-targeting-Americans rule.

What does the amendment do?

Congress is considering a bill to fund the military for the 2015 fiscal year, and that includes funding for the National Security Agency. The amendment offered by Sensenbrenner and his colleagues and Lofgren prohibits the NSA from using any funds provided in the bill to “query a collection of foreign intelligence information” acquired under the FAA “using a United States person identifier.

In other words, it would ban the use of federal funds to conduct backdoor searches. In practice, that would make it illegal for the NSA to engage in backdoor searches during the 2015 fiscal year.

The legislation does allow such searches in cases where another court order has authorized surveillance of the American being targeted.

The legislation also effectively bars the NSA or the Central Intelligence Agency from forcing device manufacturers to install technical “backdoors” in their products.

Is that a big deal?

By itself, the amendment falls short of the kind of sweeping NSA reforms some civil liberties groups support. But the vote represents the first time a house of Congress has voted to curtail the controversial practices revealed by Ed Snowden last year. It will give NSA critics renewed political momentum and may force President Obama to make further concessions to critics of the NSA.

In August, Rep. Justin Amash (R-MI) offered an amendment to last year’s defense funding bill that would have shut down a different NSA program: the collection of Americans’ phone records. That vote failed in a razor-thin 205 to 217 vote. The surprising closeness of the vote was widely interpreted as a sign of congressional anger over the NSA’s actions.

Julian Sanchez, a senior fellow at the Cato Institute, argues that the vote is a rebuke to the House Permanent Select Intelligence Committee. That body is supposed to serve as a watchdog over NSA surveillance, but in recent years it has more often acted as a defender of NSA policies. The vote, Sanchez says, “demonstrates pretty dramatically that the gatekeepers in the Intelligence Committee are out of synch with the sentiment of the broader House.”

Sanchez also notes that similar language was stripped from the USA FREEDOM Act, legislation intended to rein in the NSA that wound up being substantially weakened during the legislative process.

Spencer Ackerman wrote more on why this is important  at The Guardian.

Meanwhile, TechDirt reports: a  group of Senators, Mark Udall, Ron Wyden and Martin Heinrich, sent President Obama a letter reminding him that he can live up to his promise to end bulk phone record collection today by simply having the DOJ not seek to renew the court order from the FISA Court getting the phone operators to hand over that data.

We welcome your proposal, announced on March 27, 2014, to end the bulk collection of Americans’ phone records under Section 215 of the USA PATRIOT Act. We believe as you do that the government can protect national security by collecting the phone records of individuals connected to terrorism, instead of collecting the records of millions of law-abiding Americans. We also believe that you have the authority to implement your proposal now, rather than continuing to reauthorize the existing bulk collection program in 90-day increments.

James Clapper’s office issued a statement that “the government has sought a 90-day reauthorization of the existing program, as modified by the changes the President announced earlier this year.”

TechDirt responded:

Wait. Given what importance of maintaining the capabilities? So far, every analysis of the program has shown that it wasn’t important at all. How could anyone in the administration still claim with a straight face that the Section 215 bulk phone records collection is “important” when everyone who’s seen the evidence agrees that the program has been next to useless in stopping terrorism.

I imagine we will be returning to this in another ninety days to see if there is truly further progress in reforming the surveillance process from the Obama administration. Hopefully by then Congress also passes legislation containing the amendment preventing backdoor searches.