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Cato Podcast

Challenging Government Surveillance Is Now More Difficult

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 10 August 2012

⏱️ 14 minutes

🧾️ Download transcript

Summary


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Transcript

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0:00.0

This is the Cato Daily Podcast for Friday, August 10, 2012.

0:06.7

I'm Caleb Brown.

0:07.9

A court case this week has narrowed the range of people who can effectively challenge

0:12.1

the government's collection of their private information.

0:15.0

The feds have already provided immunity for telecoms that help them engage in this legally dubious data collection.

0:21.0

And even when our elected representatives are asking for a rundown of what they've been doing,

0:26.6

Intelligence agencies basically stonewall.

0:29.7

The bottom line is that you're right against an unreasonable search and seizure as being carefully,

0:34.6

if not systematically diminished by the federal government.

0:37.8

Julian Sanchez, a research fellow at the Cato Institute, offers his thoughts. Very little that the government does is as secret as electronic surveillance conducted by the National Security Agency.

0:49.0

But one of the rare exceptions to that rule was the Al-Hara main Islamic Foundation, which thanks

0:56.5

to an error basically by the government, learned that it had been subject to the warrantless

1:02.0

wiretapping program authorized by President Bush after 9-11.

1:07.0

It actually won about $40,000 in damages in a suit against the government after it learned about this.

1:15.0

But this week the Ninth Circuit Court of Appeals

1:18.0

struck down that damage award.

1:21.0

It ruled that in the statute governing violations of federal wiretap law

1:27.3

the government had waived sovereign immunity, the government's privilege

1:31.7

against being subject to lawsuits without its permission

1:35.0

for illegal use and disclosure of wiretap information, but it hadn't explicitly waived sovereign immunity for

1:46.0

the mere collection the mere illegal collection of that information.

1:52.1

So the upshot of that

...

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