Obama In 2001: There Will Be A ‘Majoritarian Check’ On Mass Surveillance Of US Citizens

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President Barack Obama. (credit: NICHOLAS KAMM/AFP/Getty Images)

President Barack Obama. (credit: NICHOLAS KAMM/AFP/Getty Images)

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WASHINGTON (CBSDC/AP) — President Barack Obama told Chicago public television in 2001 there would be a “majoritarian check” on mass surveillance of American citizens.

In video obtained by Buzzfeed following the scandal surrounding the National Security Agency collecting phone records of hundreds of millions of Americans each day, Obama, then a state senator, predicted this type of surveillance will impinge civil liberties.

“I’m always more concerned about encroachment on civil rights and civil liberties that apply selectively to people. When they apply to everybody there tends to be sort of a majoritarian check,” Obama said in the video obtained by Buzzfeed. “When we come to the wiretap provisions, for example if those laws start encroaching too much on people’s privacy, the average person, me, Joe, everybody starts griping and complaining.”

Obama also discussed the Fourth Amendment which dictates there should be no unreasonable searches or seizures without probable cause.

“[T]here always has been a distinction between citizens and non-citizens. It means something to be a citizen and that’s important. One area where we haven’t made that distinction though is with respected to criminal charges under the Fourth Amendment,” Obama said. “I mean, the Fourth Amendment states that these protections are provided to persons not citizens. And the Supreme Court has consistently applied them to persons who are within our borders.”

On Friday, Obama declared America is “going to have to make some choices” balancing privacy and security, launching a vigorous defense of formerly secret programs that sweep up an estimated 3 billion phone calls a day and amass Internet data from U.S. providers in an attempt to thwart terror attacks.

He warned that it will be harder to detect threats against the U.S. now that the two top-secret tools to target terrorists have been so thoroughly publicized.

In an interview with The Guardian, NSA whistle-blower Edward Snowden revealed the agency has been collecting the phone records of hundreds of millions of Americans each day, creating a database through which it can learn whether terror suspects have been in contact with people in the U.S. It also was disclosed this week that the NSA has been gathering all Internet usage — audio, video, photographs, emails and searches — from nine major U.S. Internet providers, including Microsoft and Google, in hopes of detecting suspicious behavior that begins overseas.

“Nobody is listening to your telephone calls,” Obama assured the nation after two days of reports that many found unsettling. What the government is doing, he said, is digesting phone numbers and the durations of calls, seeking links that might “identify potential leads with respect to folks who might engage in terrorism.” If there’s a hit, he said, “if the intelligence community then actually wants to listen to a phone call, they’ve got to go back to a federal judge, just like they would in a criminal investigation.”

While Obama said the aim of the programs is to make America safe, he offered no specifics about how the surveillance programs have done this. House Intelligence Committee Chairman Mike Rogers, R-Mich., on Thursday said the phone records sweeps had thwarted a domestic terror attack, but he also didn’t offer specifics.

Obama asserted his administration had tightened the phone records collection program since it started in the George W. Bush administration and is auditing the programs to ensure that measures to protect Americans’ privacy are heeded — part of what he called efforts to resist a mindset of “you know, ‘Trust me, we’re doing the right thing. We know who the bad guys are.'”

But again, he provided no details on how the program was tightened or what the audit is looking at.

The furor this week has divided Congress, and led civil liberties advocates and some constitutional scholars to accuse Obama of crossing a line in the name of rooting out terror threats.

Obama, himself a constitutional lawyer, strove to calm Americans’ fears — but also remind them that Congress and the courts had signed off on the surveillance.

“I think the American people understand that there are some trade-offs involved,” Obama said when questioned by reporters at a health care event in San Jose, Calif.

“It’s important to recognize that you can’t have 100 percent security and also then have 100 percent privacy and zero inconvenience,” he said. “We’re going to have to make some choices as a society. And what I can say is that in evaluating these programs, they make a difference in our capacity to anticipate and prevent possible terrorist activity.”

Obama said U.S. intelligence officials are looking at phone numbers and lengths of calls — not at people’s names — and not listening in.

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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