krebscycle

Actually, the point is that, in all of human history, if you grant the government surveillance powers, it will use them and, in using them, expand them, and it will end up using them on its own citizens simply because that is always the path of least resistance. This is why James Otis got all up in the king’s grill about the Writs Of Assistance. This is also why we have the Fourth Amendment to the Constitution. It’s not because of what British soldiers already had done in Boston and in Philadelphia. It was about what, if they weren’t stopped by the force of law, they then would do later on. Hysterical Charles Pierce

Well, that’s a hilarious summary of human history, but let’s take a look at the 4th Amendment, presuming Charles means the 4th Amendment of the US Constitution.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

If you read this long paragraph very very carefully, you will find that it does not forbid surveillance. In fact, the Amendment is written in the cheery assumption that the government (the gubmint, in Libertarianese), will be able to search places and seize persons or things! OH MY GOD! THE CONSTITUTION IS PRO-STASI! Here’s the thing, Chuck, if I can call you Chuck. Only nutballs and libertarians think that the government should not be permitted policing powers (Libertarians only support police states operated by private corporations or feudal masters who they can grovel to). And most of us over the age of 4 realize that abuses of those powers can happen, in fact, do happen. That’s why we have procedural safeguards. That’s why the 4th amendment says “unreasonable searches and seizures” not “any searches and seizures”. Because most of us think in this evil world the cops should be able to find kiddie porn on the computers of Republican Congressional aides, or decode messages from Mexican drug gangs or even listen on on Al Qeda conversations. And once you go from silly purity to only permitting surveillance under law, using proper safeguards and stuff, you should stop shrieking “I’M BEING OPPRESSED” and fucking try to make sense. Is that too hard?