Criminal Justice & the Rule of Law Executive Branch Intelligence Surveillance & Privacy

Stop Spying on Wikipedia Users - Comment on NY Times editorial

Herb Lin
Tuesday, March 10, 2015, 6:00 PM
The New York Times today has an op-ed by the founder of Wikipedia called Stop Spying on Wikipedia Users.

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The New York Times today has an op-ed by the founder of Wikipedia called Stop Spying on Wikipedia Users. The op-ed asserts that “N.S.A.’s mass surveillance of Internet traffic on American soil — often called “upstream” surveillance — violates the Fourth Amendment, which protects the right to privacy, as well as the First Amendment, which protects the freedoms of expression and association.” It further argues that “whenever someone overseas views or edits a Wikipedia page, it’s likely that the N.S.A. is tracking that activity — including the content of what was read or typed, as well as other information that can be linked to the person’s physical location and possible identity.” This piece, as with others of a similar inclination, leaves me with a conundrum in logic that I don’t know how to resolve, independently of the merits of whether NSA’s activities are or are not appropriate. I understand the U.S. Constitution to be a document that protects the rights of Americans against certain acts of government (see Amendments 1-10, aka the Bill of Rights). The op-ed in question seems to be appealing for Constitutional protections for individuals who are overseas. To the extent that such individuals are foreign citizens, the op-ed is thus advocating that foreign citizens be granted rights comparable to those enjoyed by Americans. Fair enough, though that’s not the intent of the Constitution. But I can’t square that position with another position that I also hold – that American citizens should be entitled to *more* protections than foreign citizens where the U.S. government is concerned. That is, for American citizens to have more protections than foreign citizens, it is necessary that foreign citizens have fewer protections that American citizens. That seems to me to be a very fundamental point of logic. If I’m missing something, someone please tell me.

Dr. Herb Lin is senior research scholar for cyber policy and security at the Center for International Security and Cooperation and Hank J. Holland Fellow in Cyber Policy and Security at the Hoover Institution, both at Stanford University. His research interests relate broadly to policy-related dimensions of cybersecurity and cyberspace, and he is particularly interested in and knowledgeable about the use of offensive operations in cyberspace, especially as instruments of national policy. In addition to his positions at Stanford University, he is Chief Scientist, Emeritus for the Computer Science and Telecommunications Board, National Research Council (NRC) of the National Academies, where he served from 1990 through 2014 as study director of major projects on public policy and information technology, and Adjunct Senior Research Scholar and Senior Fellow in Cybersecurity (not in residence) at the Saltzman Institute for War and Peace Studies in the School for International and Public Affairs at Columbia University. Prior to his NRC service, he was a professional staff member and staff scientist for the House Armed Services Committee (1986-1990), where his portfolio included defense policy and arms control issues. He received his doctorate in physics from MIT.

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