E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
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Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
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Andrew Koppelman akoppelman at law.northwestern.edu
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Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
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Deborah Pearlstein dpearlst at yu.edu
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Alice Ristroph alice.ristroph at shu.edu
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David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
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Adam Winkler winkler at ucla.edu
ABC News reports that "the government is tracking the phone numbers [reporters] call in an effort to root out confidential sources." Apparently the Bush Administration is upset at leaks revealing that it has been spying on Americans and wants to put a stop to the revelations.
[T]he privacy of ordinary Americans is fiercely protected in all our activities. We're not mining or trolling through the personal lives of millions of innocent Americans. Our efforts are focused on links to al-Qaida and their known affiliates. So far we've been very successful in preventing another attack on our soil.
Unless reporters and members of the nation's intelligence services are all in league with Al Qaeda, it appears that the government mines phone records of American citizens for far more than this.
Should one be surprised that the Administration has been less than honest about this point, and that its surveillance activities are aimed at members of the press? The question answers itself.
Jack, would it surprise you to know that the federal government routinely engages in wiretapping of those suspected of criminal wrongdoing? Now, they usually get a warrant, but the wiretapping happens.
Undoubtedly they do. But (a) the government is NOT alleged to have wiretapped anyone, (b) the reporters are not suspected of criminal wrongdoing, the sources are, and (c) that pesky warrant issue.
Did you, when you heard the president's explanation, believe that the federal government was no longer using these tools against anyone but al Qaeda?
In light of a, b, and c, above, this is pretty silly.
Ah, but perhaps you suspect that this "report"--which, as it happens, isn't a report, but a post on a blog--doesn't relate to ordinary law enforcement investigations, subject to the usual legal protections, but is instead somehow related to the NSA program we've all heard so much about. But what evidence for that position is there? None.
You mean none other than the pretty obvious fact that what the government allegedly did here -- track the phone numbers reporters were calling -- is exactly what the NSA was alleged yesterday to have done to most of the people in the whole country? Nah, other than that we got nothin'.