Never On Sunday

Goddamn. This guy is my new hero.

He was approached by the FBI and ordered to assist an investigation, part of the sweeping program of warrantless surveillance instituted under the Bush administration, ostensibly to aid in the identification and capture of terrorists. Those orders included a lifetime “gag order,” forbidding him to speak to anyone about the matter, including even seeking legal counsel on his own interests in the matter. A valid concern: quite apart from his own ethical objections, he might be held culpable for conspiracy or accessory to a crime should the matter come to light via other channels and the warrantless seizure be ruled illegal. His challenge to the order, six years and still counting, was an act of extraordinary bravery; that he should continue the fight past the point of his own personal exposure—the FBI abandoned the order when he pushed back—is more extraordinary still. That his challenge should contribute to a Congressional amendment to the law is very nearly a miracle.

Not that the danger is past.

Despite the obvious threat they present to constitutional freedoms, NSLs are again on the rise, and even aim at expanding their authority to include all internet activity. Obliterating accountability was meat and drink to the Bush administration, but we were led to believe the Obama administration would return transparency to government—especially in financial matters, but in civil liberties, as well. Insofar as Obama has presided over a reinstatement of NSLs as “business as usual,” he betrays his promises, democratic principles, and the American people.