He should also request a subpoena for all of the associated metadata, which probably includes location tracking information. That way, we know if any of the involved parties met in secret. The what-do-they-have-to-hide argument is nonsense, but I have no sympathy; the government has brought this on itself.
Also, I wonder how long it will be until we see the first civil case that tries to subpoena this information. Say, a nasty divorce where one of the parties is trying to prove cheating. Or industrial espionage.
And think of all the criminal cases this would be useful for - price fixing schemes, anti-trust cases, and on and on.
The uses for a massive store of location information boggle the mind.
I don't understand the logic here. It won't be interesting at all. Someone will try to subpoena the info, they will be denied, end of story. The NSA will never give this data away ever, I bet they would destroy it, or pretend to destroy it, before giving it away.
The logic is complex but useful to understand. Stockman is making a point. His point is that arbitrarily collecting this data is bad. He is perhaps guessing that there will be phone calls between the IRS and the Whitehouse, even if the President didn't know anything about it the staff would be chatting. That linkage, as ephemeral as it is, will make them look bad, it will take time to defend it will cost them votes. It would be better if this capability didn't exist at all.
So the logic is that while the program is 'secret' to only part of the Government then that part can use it to carry out their agenda unchecked, but when the whole government can use it, well it becomes more of a liability than an asset. Part of the beauty of the system we've set up is that it allows the government to fight with itself and keep itself (more) honest. Stockman is working that angle.
So in the ideal case, the Obama administration will realize just how dangerous this system is when it can be used to
smear/threaten/harass non-criminals [1]. And they will come up with some rationale for shutting it down.
[1] "Gee, isn't the electronic subscriber number [ESN] of your Chief of Staff repeatedly going over to that place where we just busted a prostitution ring? Were they part of that investigation?" kinds of things.
Actually, he knows it'll be rejected and he then gets to say "Well, they obviously have something to hide!" The whole IRS non-scandal will get a little more daylight.
That's a brilliant analysis, but it assumes the "Obama administration" is actually calling the shots.
Domestic spying didn't start with Obama and he's not up for re-election. How likely is it that he will suddenly have an epiphany and take on the massively entrenched surveillance-industrial complex? (That he relies upon to protect him and his family the rest of his life).
Through out these arguments during past week, the one thing that bothered me most was that some people supported NSA spying saying they have nothing to hide. I seriously don't understand how they can say that. I wonder if this can be attributed to lack of understanding about data mining considering that most of these comments are on non-tech websites.
That's mostly ignorance, and as you said a lack of understanding. The people that really understand know that this is the tried and true statement for any invasion of privacy. Wire tapping has been around for quite a while now, and it would be safe to assume most mobsters are not on the phone discussing business right now.