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" "We are what we think. To change how people act, we must change what they believe.
Mark Riebling (born 1963) is a U.S. historian, essayist, and policy analyst. He has written on national security, the history of ideas, and Vatican foreign policy during Cold War and Second World War.
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Civil libertarians do not deny that FISA hampers our ability to counter terrorists. Citing the abuses alleged by the Church Committee, however, they argue that chronic insecurity is the price we must pay to preserve our liberties. But the United States was not a fascist dictatorship before Ted Kennedy and Jimmy Carter rode to the rescue. Our current surveillance rules are nether constitutionally required, nor traditionally American. They were observed neither by Senator Kennedy's elder brothers, nor by any presidents or attorneys general before the Carter presidency. For the first two centuries of our country's history, threats to our national security were countered without warrant. And the Supreme Court, from Olmstead v. U.S. (1928) to U.S. v. U.S. District Court (1972), has allowed warrantless surveillance in national security, as opposed to criminal, investigations.
One would think that agents charged with protecting us from "dirty nukes" would enjoy the same discretionary search authority as patrolman who make traffic stops. In fact, they have less. If a patrolman pulls you over for weaving between lanes, and smells bourbon on your breath, he does not need a warrant to give you a breath test. But if an FBI agent learns that you are a member of a known terrorist group, and that you behaved suspiciously at a flight school, he must jump through bureaucratic hoops of fire to search your laptop computer.
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