uh.., where the Hon.Bro.Preznit's Privacy and Civil Liberties Oversight Board at?

nydailynews | So, why is it that many Americans, including me, are so upset with the Obama administration gathering up telephone records?

My concerns are twofold. First, the law under which President George W. Bush and now President Obama have acted was not intended to give the government records of all telephone calls. If that had been the intent, the law would have said that. It didn’t. Rather, the law envisioned the administration coming to a special court on a case-by-case basis to explain why it needed to have specific records.

I am troubled by the precedent of stretching a law on domestic surveillance almost to the breaking point. On issues so fundamental to our civil liberties, elected leaders should not be so needlessly secretive.

The argument that this sweeping search must be kept secret from the terrorists is laughable. Terrorists already assume this sort of thing is being done. Only law-abiding American citizens were blissfully ignorant of what their government was doing.

Secondly, we should worry about this program because government agencies, particularly the Federal Bureau of Investigation, have a well-established track record of overreaching, exceeding their authority and abusing the law. The FBI has used provisions of the Patriot Act, intended to combat terrorism, for purposes that greatly exceed congressional intent.

Even if you trust Obama, should we have programs and interpretations of law that others could abuse now without his knowing it or later in another administration? Obama thought we needed to set up rules about drones because of what the next President might do. Why does he not see the threat from this telephone program?

If the government wanted a particular set of records, it could tell the Foreign Intelligence Surveillance Court why — and then be granted permission to access those records directly from specially maintained company servers. The telephone companies would not have to know what data were being accessed. There are no technical disadvantages to doing it that way, although it might be more expensive.

Would we, as a nation, be willing to pay a little more for a program designed this way, to avoid a situation in which the government keeps on its own computers a record of every time anyone picks up a telephone? That is a question that should have been openly asked and answered in Congress.

The vocal advocate of civil liberties was absent because neither Bush nor Obama had appointed one, despite the recommendation of the 9/11 Commission and a law passed by Congress. Only five years into his administration is our supposedly civil liberties-loving President getting around to activating a long-dormant Privacy and Civil Liberties Oversight Board. It will have a lot of work to do.