Data Mining

I'm with Ezra Klein and loads of others in thinking that this was a massive data mining operation, in which hosts of phone calls, emails, etc. were intercepted and randomly analyzed, perhaps through a computer program, for keywords, patterns, and particular phrases. This is why Sen. Rockefeller's letter refers to his not being "a technician" in being able to determine the legality. The technology already exists to do this quickly and quietly. Here's Ezra's reaction:

In that way, they are spying domestically, but the untargeted nature of the program makes the very concept of a warrant meaningless.

That doesn't mean they don't need a law. America is not ruled by executive whim, instinct, or fiat. If the post-9/11 moment compelled Bush to immediately authorize this program, the intervening four years offered him plenty of time to seek statutory authority for it. His lame protestations that codifying the operation would tip terrorists off to our fishing expeditions are irrelevant -- that same argument militates against reauthorization of the PATRIOT Act (why let them know the "wall" is down?) and passage of the intelligence bills. Terrorist elements already have a hunch we're monitoring them; shredding our government's checks and balances is too high a price for such a low reward.

What is needed is a redefining of the law. I think the technological angle will be played up in the coming weeks, as it is becoming clear that the other excuses are falling flat. But we should all realize that what this "change in technology" is, in effect, is a massive, unencumbered data mining operation without respect for citizenship or privacy.