NSA Panel Member Recommends Increased Data-Collection

Michael Morell, the former acting director of the CIA and a member of President Obama’s task force on surveillance, said in an interview on Sunday that a controversial telephone data-collection program conducted by the National Security Agency should be expanded to include emails. He also said the program, far from being unnecessary, could prevent the next 9/11.

Morell, seeking to correct any misperception that the presidential panel had called for a radical curtailment of NSA programs, said he is in favor of restarting a program the NSA discontinued in 2011 that involved the collection of “metadata” for Internet communications. That program gets only a brief mention in a footnote on page 97 of the task-force report, “Liberty and Security in A Changing World.” “I would argue actually that the email data is probably more valuable than the telephony data,” Morell told National Journal in a telephone interview. “You can bet that the last thing a smart terrorist is going to do right now is call someone in the United States.”

Morell also said that while he agreed with the report’s conclusion that the telephone data program, conducted under Section 215 of the USA Patriot Act, made “only a modest contribution to the nation’s security” so far, it should be continued under the new safeguards recommended by the panel. “I would argue that what effectiveness we have seen to date is totally irrelevant to how effective it might be in the future,” he said. “This program, 215, has the ability to stop the next 9/11, and if you added emails in there it would make it even more effective. Had it been in place in 2000 and 2001, I think that probably 9/11 would not have happened.”

The presidential panel’s 304-page report touched off a fresh backlash against NSA surveillance programs, coming only days after U.S. District Judge Richard Leon ruled that the agency’s regular collection of most Americans’ phone records was probably unconstitutional. The panel, which consisted of Morell; former counterterrorism adviser Richard A. Clarke; University of Chicago law professor Geoffrey Stone; Peter Swire, an expert in privacy law at the Georgia Institute of Technology; and former Obama administration regulation czar Cass Sunstein, concluded that the Section 215 program needed to be substantially reined in. It said the telephone metadata collection—involving the tracking of numbers of calls and where, when and to whom they’re made, without examining content—should be taken out of the hands of the government and left to the service providers, or to a private “third party,” and subjected to individual court orders.

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