PRISM Surveillance Program - Jeffrey Rosen

  • Aired:  06/11/13
  •  | Views: 26,563

The National Constitution Center's Jeffrey Rosen stands by the Fourth Amendment, which says the government cannot perform general data searches on an ongoing basis. (3:21)

(APPLAUSE)

YOU SEE THERE ARE ALWAYS

WAYS TO OPT OUT OF BIG

BROTHER.

HERE TO TELL ME THAT THERE

IS NO WAY TO OPT OUT OF BIG

BROTHER IS THE PRESIDENT &

CEO OF THE NATIONAL

CONSTITUTION CENTER LEGAL

AFFAIRS EDITOR OF THE NEW

REPUBLIC AND LAW PROFESSOR

AT GEORGE WASHINGTON

UNIVERSITY, JEFFREY ROSEN,

JEFFREY, THANK YOU SO MUCH

FOR JOINING ME.

ALL RIGHT.

YOU GOT THIS NEW ARTICLE IN

THE NEW REPUBLIC, AVAILABLE

ON-LINE ASKING PRESIDENT

OBAMA TO REVEAL THE LETTER

THAT SAYS WHY HE HAS THE

RIGHT TO DO THIS GATHERING

TO THE NSA.

WHAT DO YOU HAVE WITH

THIS-- WHAT'S YOUR BEEF HERE,

SIR.

WHAT ARE YOU HIDING THAT YOU

DON'T WANT OBAMA TO FIND OUT

ABOUT?

WELL, PRESIDENT OBAMA CALLED

FOR A NATIONAL DEBATE ABOUT

THE FOURTH AMENDMENT.

AND I WANT TO PARTICIPATE IN

THAT DEBATE BY SAYING AS

JUSTIN-- JUSTICE ANTONIN

SCALIA DID JUST THIS MONDAY,

A HERO OF YOURS, A

CONSERVATIVE.

NOW HE'S MY HERO TOO BECAUSE

HE SAID THE FRAMERS OF THE

FOURTH AMENDMENT WOULD HAVE

BEEN APPALLED BY THE IDEA

THAT THE GOVERNMENT COULD

SEIZE INFORMATION WITHOUT

PARTICULARLY SPECIFYING THE

PLACE TO BE SEARCHED OR THE

PERSON OR THINGS.

>> Stephen: BUT THERE IS NO

EXPECTATION THAT YOUR PHONE

RECORDS ARE YOUR RECORDS.

IT WAS SETTLED IN 1979 IN A

SUPREME COURT CASE THAT THE

PHONE COMPANY OWNS THOSE

RECORDS.

THE GOVERNMENT IS NOT

SUBPOENAING YOUR RECORDS.

THEY'RE THE PHONE COMPANY'S

RECORDS.

THAT ALLOWS THE PHONE

COMPANY TO SHARE THEM WITH

PRIVATE INDUSTRY BUT WE WERE

NOT AWARE THAT VERIZON, FOR

EXAMPLE S SHARING THE MEHTADATA,

THE TELEPHONE NUMBERS AND

DURATION OF MY CALLS WITH

THE GOVERNMENT ON AN ONGOING

DAILY BASIS.

>> Stephen: WHAT'S THE

PROBLEM WITH THAT.

WHAT'S WRONG WITH GETTING

TOGETHER, AS THEY SAY, THE

HEY STAKE, OKAY, THE

HAYSTACK OF INFORMATION SO

THEY CAN THEN FIND THE

NEEDLE IN IT.

ARE YOU ANTI-HAYSTACK OR PRO

NEED SNELL.

>> I AM PRO FOURTH AMENDMENT

AND THE FOURTH AMENDMENT

SAYS YOU CANNOT HAVE GENERAL

SEARCHES OF INFORMATION ON

AN ONGOING DAILY BASIS

WITHOUT PARTICULAR

INFORMATION THAT IS CLINGING

TO A PARTICULAR CLIMATE.

>> WE ARE BEING GENERALLY

ATTACKED.

WE ARE GENERALLY UNDER

THREAT.

YOU KNOW, LIKE I SAY, THERE

WAS THE ATTACK ON 9/11 THERE

IS THE ATTACK AT FT. HOOD,

THE ATTACK IN BOSTON.

THOSE ARE SPREAD OUT ALL

ACROSS THE COUNTRY.

YOU CAN'T JUST SAY E IT'S

ONLY GOING TO BE IN DADE

COUNTY.

>> WE DON'T EVEN KNOW IF

THIS GENERAL DATA MINING

WORKS.

THE SENATORS WHO WERE BRAEFED

ON THE PROGRAM, SENATORS

WIDEN AND UDAL SAID AMERICAN

WAS BE APPALLED IF THEY KNEW

THE PATRIOT ACT WAS BEING

USED IN THIS WAY AND WERE

NOT CONVINCED IT WAS

STOPPING SERIOUS THREATS.

>> DO YOU THINK WE ARE

VENNERING FREEDOMS HERE IN

THE FACE OF TERRORIST

THREAT.

>> I THINK NOT ONLY ARE WE

DOING THAT BUT DOING SO

UNNECESSARILY BECAUSE YOU

COULD DESIGN THESE PROGRAMS

IN A WAY THAT PROTECTED PRIV

SEE AND SECURITY AT THE SAME

TIME.

>> Stephen: IT MIGHT BE A

CUNNING PLAN.

BECAUSE HERE AWAY WHY.

THEY HATE US FOR OUR

FREEDOM.

SO LESS FREEDOM WE HAVE, THE

LESS LIKELY THEY ARE TO

ATTACK US.

(APPLAUSE)

ALL RIGHT FROM THE NATIONAL

CONSTITUTION CENTER AND THE

NEW REPUBLIC JEFFREY ROSEN.

WE'LL BE RIGHT BACK.

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