The tin foil hat crowd has always assumed that the NSA was either directly monitoring domestic communications in the US, or at least that a foreign ally was doing it and sharing the results with them. This never really bothered me, because I assumed that the NSA wouldn't care about anything I would ever do. The NSA is mostly concerned with warfare, in which the rules of civil society don't really apply, and the only rules that matter are the ones prohibiting genocide and sadistic treatment of people. If I was ever interested in commiting espionage on behalf of a nation state, I would assume that all the rules were off and I would act accordingly.

The problem is that terrorism breaks down the barriers between what was once the domain of war and the domain of law enforcement. In the wake of 9/11 we have vigorously engaged in information sharing between domestic law enforcement and intelligence. So, wereas we might not have a problem with the NSA spying domestically in the context where they are really only looking for Soviet Spies, our feeling might be different if they are really looking for anything illegal, and sharing that information with local authorities. What we have now is somewhere in the middle, and its likely to erode further.

The minute someone says that we could have caught such and such a child abuser or murderer if the NSA had only shared the information with the police, its over. They'll start sharing it, and they'll share more and more, and you'll have the surveillance state.

Some people embrace this. They figure it is inevitable. It probably is. And they figure they aren't going to break the law, so why should they worry. I think our system often produces the wrong laws, and too many of them, and whats more, the aura of omnipresent suspicion and fear that accompanies the knowledge of the panopticon of the police state sucks the life right out of a culture. Its no longer reasonable to conceive of such a place as a "free country."

Whats worse, it is inevitable as these loopholes widen and the information sharing spreads that these systems will be used for political and economic manipulation, criminally.

This is the challenge our generation faces. How can you avoid creating a police state in an environment litered with terrorists and murderers and child abusers when omnipotent technology is at hand and it can help fight them? Is it even possible?

Its not about the surveillance...