Richard Fernandez always has something interesting to say, and this post of his is no exception:
For much of history our ability to harm ourselves was fortunately limited by the crude nature of our means. But by the dawn of the 19th century it became obvious that the lack of technology alone could not forever protect us. Men were inventing more and more lethal devices…
Somehow [man has] found a way till now to put his creations under control. What he has not managed to achieve is to uninvent knowledge…
The deep dark secret of the disarmament movement is that it never relied on the control of arms. It has always relied on the control of men. And the control of men relied upon the acceptance of taboos; in the submission to a kind of accepted set of values, in the belief in the odiousness of betrayal. The key to controlling the nuclear bomb lay in governance. It lay in the accountability of the possessors of these things to the general public…
The problem of North Korea is not a problem of technology. It is a problem of legitimacy.
In recent weeks the world has become aware of yet another wonder weapon. The full power of information technology has been revealed by reports detailing their use to capture nearly every aspect of modern communications…And yet a moment’s reflection must reveal that we always knew that technology could do this. What we had not suspected was that the Obama administration would do this.
Fernandez puts it more gracefully than I would have, but that’s essentially what I’ve been thinking ever since the NSA leak story broke. It’s why I’ve said several times that the NSA revelations would seem less alarming to most people had it not been for the IRS revelations paving the way and showing how untrustworthy government institutions can be, how easy and tempting it is to abuse power.
Of course, we always knew that—“power corrupts, and absolute power corrupts absolutely”—and the Founders certainly knew it (although the technology was hardly imagined by them). But there’s nothing like a demonstration, up close and personal, to make it seem more real and more urgent.
So as a result, people trust government less and less in recent days. In many ways that’s all to the good—at least, if it leads to the curbing of big government’s power to limit our liberty in order to assert its own power and/or punish its political rivals. But we still rely on government to protect us from terrorism and from predatory foreign powers—in fact, most of us pretty much expect and even demand it.
So these two impulses are in conflict in some basic way, and the disagreement is over how to balance them. Liberty is exceptionally important, but without security there can be no liberty if the outside threats become great enough. Remember that in the triad “life, liberty, and the pursuit of happiness,” “life” is listed first.
But if we’re going to sacrifice any of our very precious liberty, it better be for an excellent reason. The threat had better be real, and the benefit had better be real, and the sacrifice of liberty as minimal as possible.
How the NSA data collection program factors into that is an issue on which reasonable people can differ. I don’t know enough details yet to be absolutely certain, but my strong gut reaction is that we’re giving up too much for too little benefit. And of course the problem in learning more of those details of the program is that the enemies and potential enemies learn those details too.
This is not a new problem, it’s an old one, although of course the technology by which the loss of liberty can be accomplished is fairly new and far more encompassing than in the past. But we’ve faced the same basic dilemma before at many dramatic times in our history, especially during periods when the nation threatened to splinter.
For example, we had the Alien and Sedition Acts of 1798:
The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution and during an undeclared naval war with France, later known as the Quasi-War…
Opposition to Federalists among Democratic-Republicans reached new heights at this time since the Democratic-Republicans had supported France. Some appeared to desire an event similar to the French Revolution to come to the United States to overthrow the government. When Democratic-Republicans in some states refused to enforce federal laws, such as the Whiskey tax, and threatened to rebel, Federalists threatened to send the army to force them to capitulate. As the unrest sweeping Europe was bleeding over into the United States, calls for secession reached unparalleled heights, and the fledgling nation seemed ready to rip itself apart.
The “Alien” portion of the law was mostly about activities by aliens thought to be undermining the stability of our government. It was the “Sedition” portion that was especially disturbing to people, then and now. Here’s an example, from Section 2:
And be it farther enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.
When Jefferson was elected he pardoned those who had been convicted under the Sedition Act (although apparently not until after he had used it to punish a few of his critics) and the Act died a natural death by expiration and non-renewal.
Students of American history also know that one of the big beefs with Lincoln’s behavior during the Civil War was his suspension of various civil liberties such as the writ of habeas corpus. It was a temporary wartime measure that Lincoln felt was necessary to preserve the union, but it was extremely controversial even in its time.
Now the current conflict has reached a head in a “war” that’s undeclared and far less straightforward than those earlier precedents. Growing distrust of government has heightened the fear and the dilemma.
The closest parallel I can think of (although it’s not even close to perfect by any means) was the reaction of the public at the end of the Vietnam War. Many events came together as the Vietnam War waged on and then wound down—such as, for example, the decline of trust in government engendered by the leak of the Pentagon Papers at the hands of that Snowden precursor, Daniel Ellsberg; the lengthy and frustrating prosecution of the Vietnam war itself (including shocking events such as the My Lai massacre); and the excesses of Watergate—causing trust in the government to erode precipitously, and motivating Congress and the public to try to protect itself against government and preserve civil liberties from the perceived threat.
[NOTE: Tune in soon for Part II, in which I plan to outline the ways that laws passed to limit government power in the aftermath of the Vietnam War helped lead to the famous firewall and hampered our ability to fight the war on terror effectively, and then tie that into what’s happening now.]

