By DAN VALENTI

PLANET VALENTI News and Commentary

(FORTRESS OF SOLITUDE, THURSDAY, MAY 7, 2015) — Today THE PLANET applauds a small victory for We The People in our never-ending battle against Big Brother and the excesses of government. It gives one faint hope that in our continuing fight to uphold privacy and our Constitutional protections, some inroads have been made.

We refer to the ruling of a federal appeals court ruling about the National Security Agency’s habit of bulk harvesting through Big Data the phone calls, text messages, and e-mails of private citizens. This is a practice that was long denied by the NSA until Edward Snowden, one of its employees, exposed the practice along with a shocking boatload of other agency abuses. Instead of winning a Nobel peace prize and hailed as a hero, Snowden is presently an outcast, having found asylum in Russia. It is a side issue but an important one: We would hope the first action of the new President in January 2016 is to pardon Snowden and bring him back to this country with all honors.

A Qualified Win, but a Win Nevertheless

The ruling came in a 3-0 vote by the 2nd U.S. Circuit Court of Appeals in Manhattan. In fact, THE PLANET wanted to be there in person, but business and deadlines precluded our attendance. That’s how important this issue is to us — and should be to any forward-thinking American who wonders what ever happened to The American Dream.

The ruling wan’t a slam dunk win. While the judges rules that the bulk harvesting of Americans’ phone calls exceeded the limits of constitutional allowability, it (a) allowed the program to continue until (b) Congress can better define what limits to place of the domestic spying. The matter will come down to the integrity of Congress to do the right thing. Don’t hold your breath.

“In light of the asserted national security interests at stake, we deem it prudent to pause to allow an opportunity for debate in Congress that may (or may not) profoundly alter the legal landscape,” the opinion written by Circuit Judge Gerald Lynch said.

“If Congress decides to authorize the collection of the data desired by the government under conditions identical to those now in place, the program will continue in the future under that authorization,” the ruling said. “If Congress decides to institute a substantially modified program, the constitutional issues will certainly differ considerably from those currently raised.”

How Far Should We Go in the Name of ‘National Security’?

This is far from the ban of such a practice that a so-called free society should demand, but it’s something. Now the fight moves to Congress, where THE PLANET will lobby and encourage members to note how the privacy interests of citizens have been sacrificed in the name of “national security.” If you trust Big Government enough to naively believe it will not abuse the powers given to it in a knee-jerk reaction to the Sept. 11, 2001 terrorist attacks, that is your problem — but it becomes ours as well. It’s like sitting next to someone who decides to smoke a cigarette. He has made the choice to harm his body, but, because of second-hand smoke, he has decided for you as well. THE PLANET doesn’t find that an equitable situation.

We thank the America Civil Liberties Union for their hard work here. In December, a lower court justice refused to even hear the case, saying that such draconian and dictatorial practices were “necessary” for the country’s security following Nine-Eleven. The appeal court in Manhattan, though, ruled that the lower court was in error.

As you will recall, two years ago, Snowden made public to the press documents proving that the NSA was harvesting, storing, and eavesdropping on private phone calls. The abuse involved countless millions of citizens and small businesses. It also included digital records such as text message and e-mails.

It made be too late for this reminder, but THIS IS AMERICA. This country likes to tell us there is a “social contract” whereby citizens must accept certain obligations in exchange for benefits they received from government. THE PLANET does not accept this. Instead, we propose a better way of looking at the freedom-vs.-security issue, by asking two questions: “What are the legitimate powers We The People, owners of government, should bestow on our representatives?” Also, “By what standards should we judge whether those in government are using that power responsibly?”

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“I ain’t no fool and I don’t take what I don’t want for I have got another girl.” — The Beatles, “Another Girl,” from the HELP! album, (1965).

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.