Hey, We Finally Have A Privacy And Civil Liberties Oversight Board... After Being Left Dormant For Almost Five Years

from the about-time dept

With all the efforts to pass cybersecurity legislation, along with all the fears of government violating our privacy (4th amendment? Whazzat?), you might think it would be somewhat useful to have an agency in charge of watching the government -- one which actually has some real power. Well, it exists. Sort of. In 2006, the Privacy and Civil Liberties Oversight Board (PCLOB) was created, in part as a counterweight to concerns over the Patriot Act. The PCLOB was staffed, but after the White House tried to interfere and stifle some of its work, one member very publicly quit in 2007. Congress responded by actually passing a useful law, which gave the PCLOB more independence and more power (including subpoena power). After it passed, there was a transition period of six months. At the end of that, the existing board (which was a part of the White House) would cease to exist, and a new independent agency was supposed to take its place. Instead, the existing board ceased to exist on January 30, 2008... and that was it. Since then, there has been no board. At times, both President Bush and President Obama have sent some nominations to the Senate, but nothing more had happened. Even back in 2010 people were complaining what a travesty it was that the board remained empty for two years.

Fast forward another two years and change... and the thing still wasn't staffed. The whole thing was such a joke that in a recent discussion with a Congressional Rep (known for being a supporter of civil liberties), when the PCLOB (and its lack of members) was brought up, the Congressional Rep admitted that he'd never even heard of the thing. For all the urgency that was talked about in passing cybersecurity legislation, everyone just sat around twiddling their thumbs while this independent organization tasked with making sure the government didn't abuse our civil liberties sat completely empty.

Until now. Yes, we finally have a staffed PCLOB. The Senate has approved all five nominees: David Medine, James Dempsey, Elisebeth Cook, Rachel Brand and Patricia Wald. It's amazing that it's taken nearly five years to put this board in place (and that there wasn't more outrage over its absence). The real question now is how will the PCLOB wield its power. Hopefully it does some good and actually holds the government to account when it violates the civil liberties of the public.

Filed Under: board, civil liberties, david medine, elisabeth cook, jim dempsey, oversight, patricia wald, privacy, rachel brand

US Government Talks The Talk On Privacy & Civil Liberties, But Isn't Walking The Walk

from the some-good,-some-bad dept

The federal government very often seems to say one thing when it comes to privacy and civil liberties, while doing exactly the opposite. The Commerce Department has come out with a new report calling for a Privacy Policy Office that will look at commercial use of personal information, to make sure that privacy is protected. At the same time, President Obama has nominated Jim Dempsey to serve on the Privacy and Civil Liberties Oversight Board, which is supposed to "review the civil liberties impact of anti-terrorism policies and programs." There are few people who I think would be better for the job. For a while now, Dempsey has been president for public policy of the Center for Democracy and Technology, a group that has fought, quite strongly, for civil liberties in the technology arena. Apparently, President Bush also nominated Dempsey for the same board... but the Senate never bothered to confirm him (or anyone that Bush nominated for the board).

Of course, it seems odd to see our government pushing for privacy and civil liberties at the same time that it's been working so hard to dismantle many aspects of the 4th Amendment, which is used to protect Americans' privacy. It makes you realize that many of the decision makers in the government probably don't even realize how its actions have regularly gone against the 4th Amendment and basic civil liberties. The administration seems to be offering lip service to the concept of privacy -- and I have little doubt that they actually mean what they say. But, what they don't realize is how their actions, when it comes to specific situations, appear to violate those very concepts. In many ways, it's like those who crusade for stronger copyright laws, but regularly infringe themselves. They rationalize it away, by saying that there's a "good reason" for doing what they do, without realizing that it highlights what appears to be hypocrisy between their words and their actions.

Filed Under: government, jim dempsey, privacy