For our own protection?

Admiral Michael Rogers. Photo from NSA biography.

Admiral Michael Rogers.
Photo from NSA biography.

Admiral Michael Rogers will do his utmost to protect Americans from terrorism. But he would never want the price of security to be the basic liberties that Americans hold dear.

“I don’t want to compromise who we are or what we are,” Rogers said. “As long as we can find something in the middle, I can live with that.”

Rogers is Commander of the U.S. Cyber Command and Director, National Security Agency/Chief, Central Security Service. Yesterday he spoke in Cleveland, Ohio, as part of the Cleveland Clinic’s Ideas for Tomorrow Series. The Cleveland Council on World Affairs was a sponsoring partner for the event.

Rogers admitted that NSA has been involved in a great deal of controversy lately. But, he cautioned, people should not believe everything they hear or read in the press.

“We are a foreign intelligence surveillance organization,” Rogers said. “It is illegal” to collect data on domestic persons, he added.

But, he noted, there is an exception: The agency can go to a judge and seek access to data for a specific phone number if it can demonstrate a connection between someone with that phone number and a person believed to be involved in terrorism activities. And, Rogers added, recent executive directives and changes in the law require people outside the NSA to review and approve any such information requests before the NSA can get the data and then access it.

“I would vote for him,” one person said at a reception following the event.

“I don’t trust him,” someone else answered, noting that Rogers left a lot unsaid.

Ironically, the night before Rogers’ talk I’d just finished reading Rachel Bohlen’s debut novel, The Historian. No, this is not Elizabeth Kostova’s 600-plus page vampire book from 2005. Bohlen’s 2014 book bills itself as speculative fiction about time travel, but it’s more of a political thriller. Bohlen’s friendship with my daughter was a big factor motivating me to purchase the book, and I could see how it reflects Bohlen’s background as an attorney and as an alumna of Xavier University’s honors program.

In the book’s near-future setting of Washington, D.C., a Department of Time has the country’s only time machine and its security forces will stop at nothing to thwart anyone suspected of possible time travel terrorism. Those efforts include extensive searches and surveillance to thwart any possibility of time travel terrorism—defined to include even public criticism of the government. Life imprisonment or death is the punishment for a conviction.

Bohlen’s heroine, Emilia Falk, describes herself as a mere historian at the Department of Time, working away in her cubicle on classified and probably pointless research projects. Like most people, she pretty much accepts the secrecy and tight security measures for everything even remotely related to the Department of Time—until her own sister is accused of time terrorism.

Like Rogers, the character who heads the Department of Time is charming and reassures the public in all his statements that the government is only acting within the bounds of the law. Yet while media reports about nonclassified NSA activities are certainly not a crime in the real world, Rogers is clearly concerned about some of those reports.

“I have watched targets…change their behavior as a result of these revelations” about certain technology details and other things, Rogers said. “For those who would say this hasn’t had an impact, clearly you don’t have a clue what you’re talking about.”

However, curtailing discussions about nonclassified technology could threaten freedom of speech and of the press. The practice of science, which relies on open discussion and peer review, could suffer as well.

“Personally, for me, I do not want another major terrorism event on my watch,” Rogers said. He stressed again that the NSA acts within the bounds of the law, subject to both congressional oversight and the Foreign Intelligence Surveillance Court.

Unfortunately, less than 20 percent of the public approves of the job Congress is doing, according to the Gallup Poll. And ex parte proceedings and a high government “win rate” have led some to question whether the FISA court is a “rubber stamp” for the government.

“The very mechanisms we put in place to engender trust in this world today don’t have that trust,” Rogers noted. Even if everyone in the NSA is in fact following the law, that’s a problem.

 

 

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