Editorial: NSA’s move to cut data collection a first step – The Mercury News

The National Security Agency has decided to halt onecontroversial surveillance programthat wasthe tip of an iceberg of government abuses of privacy and due process.This is a good start toward restoring balance inAmericans right to privacy.

The NSA said last week that it will no longer engage in warrantless spying on Americans digital communications that merely mention a foreign intelligence target, referred to in the intelligence community as about communications.

The NSAhad claimed thisauthority under Section 702 of the Foreign Intelligence Surveillance Act, which allows it to target non-U.S. citizens or residents believed to be outside the country, although Americans communications are often swept up as well.

NSA will no longer collect certain internet communications that merely mention a foreign intelligence target, an agency statement said. Instead, NSA will limit such collection to internet communications that are sent directly to or from a foreign target.

It is a significant departure from previous assurances that the program was vital to national security. Its effectiveness has always been difficult to gauge because the NSA has provided little information about it.

Its a welcome swing toward better privacy protection even if, as widely speculated, it is less an acknowledgement of Americans right to privacy than a result of communications byDonald Trumps people before the election being swept up in NSA data collectionn.

Our enthusiasm for the decision requires a reality check, however. The NSA has repeatedly lied about its spying activities and violations of Americans constitutional rights, so announcing a new policy doesnt necessarily mean it will be followed.

Rememberthe public testimony of then-National Intelligence Director James Clapper at a March 2013 Senate Intelligence Committee hearing.At one point, Sen. Ron Wyden, D-Ore., asked Clapper plainly, Does the NSA collect any type of data at all on millions, or hundreds of millions of Americans? Clapper then lied to his face, and the faces of all Americans, saying, No, sir, and then, Not wittingly.

Just months later, news stories based on information from the Edward Snowden leaks would reveal the NSAs bulk collection of Americans phone metadata and internet communications.

New technology makes our communications quicker, more convenient, more easily recorded and stored andmore easily accessed without our knowledge. But the Fourth Amendment is quite clear: Government searches require a warrant issued by a judge based on probable cause and describing the specific place to be searched, and the persons or things to be seized.

The law was written to deal with filing cabinets and safes rather than the cloud. But the fundamental principlestands and should always stand.

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Editorial: NSA's move to cut data collection a first step - The Mercury News