As the battle over reforms to the Foreign Intelligence Surveillance Act rages in Congress, civil libertarians warn that legislation sought by the White House could enable spying on "ordinary Americans." Others, like Sen. Orrin Hatch (R-Utah), counter that only those with an "irrational fear of government" believe that "our country's intelligence analysts are more concerned with random innocent Americans than foreign terrorists overseas."
But focusing on the privacy of the average Joe in this way obscures the deeper threat that warrantless wiretaps pose to a democratic society. Without meaningful oversight, presidents and intelligence agencies can -- and repeatedly have -- abused their surveillance authority to spy on political enemies and dissenters.