I honestly don’t know what to think about this week’s revelation that the Bush administration has been tracking international financial transactions. My first thought was that it seems less abusive than the secret NSA no-warrant wiretapping program, but that there’s much we don’t know. A few observations:
- Surely the terrorists already knew they were being wiretapped. The Bush administration’s only wrinkle with the NSA program was in breaking U.S. law. The financial program, though, strikes me as potentially something that the terrorists didn’t know about. Consequently, I find myself wondering whether the New York Times and other news organizations exercised good judgment by revealing it.
- Financial privacy does not seem to be all that firmly established, and has apparently not been recognized by the Supreme Court — although Congress did pass a law protecting it. Thus it appears that, once again, the White House broke the law when it didn’t really have to.
- The financial program may have actually led to the capture of a significant Al Qaeda terrorist, which is more — a lot more — than can be said for the indiscriminate NSA program.
Given my handwringing, I was interested to see The Opinionator point (sub. req.) to this post at Homeland Security Watch. After making some of the same points I was thinking about, security analyst Christian Beckner writes:
Based on the content of the story, I’m glad that this program exists — and although I usually err on the side of openness and disclosure, this is one program that I would’ve been fine to see remained cloaked in secrecy. This story could cause would-be terror financiers to rethink their money movement activities; and if SWIFT [the international consortium supplying the data] were to pull back from cooperation with the US government because of any controversy generated by this story (it’s still too early to judge the political fallout from it, if any), then that would be a real shame.
Unfortunately, the Bush administration has shown such contempt for civil liberties that it’s possible we can no longer recognize a proper exercise of government authority when we see it. And yes, it’s also possible that the newly revealed program is a lot more abusive of ordinary citizens than it appears at first glance. (Surely the foolishness in Miami can’t be overlooked when assessing the White House’s motives and competence.)
For the moment, we should all learn as much as we can and not get too far out in front of this.