The Times Square terrorist was apprehended by a t-shirt vender; and the Christmas day terrorist was apprehended by a passenger in flight. Yet the government's response to the latter incident was to increase the use of body scanning machines at airports-devices that electronically undress travelers. Now, in the wake of the Time Square incident, the Justice Department is considering loosening constitutional protections against self-incrimination afforded by the Miranda law.
Despite the fact that Manhattan is now an "iron city" equipped with a few thousand surveillance video cameras, this technology proved ineffectual in stopping the recent attempt at igniting a bomb in Time Square. While surveillance cameras may have helped to identify the suspect, this was after the fact, and they did nothing to help avert the attempt in the first place. In the case of the Christmas day event, the warrantless, mass surveillance program operated by the National Security Agency, which monitors both domestic and overseas electronic communications of millions of Americans, did nothing to foil the terrorism plot.
So what can we conclude from this? Not that we need more technologies that restrict our right to privacy; and not that we need to revamp Miranda or install more surveillance devices to spy on us. More reasonable conclusions are that we need air marshals on board all (not just some) plane flights; that national intelligence and local police need to be more vigilant in working together; and that all Americans should do their part in reporting suspicious events to the police. This means more concerted human effort, not more automation; and not more legal exceptions to constitutional rights.
Above all, the rule of law, including Miranda, must not be short circuited out of fear. As soon as we have allowed ourselves to be "terrorized" into surrendering our civil liberties, the terrorists will have accomplished their primary goal.
We are now on the threshold of developing and refining more and more intrusive technologies, including the ability to see through the walls of our dwellings, tap into our private thoughts, and track us in real time by installing computer chips under our skin. These possibilities are real, no longer just science fiction. Unless we are prepared to defend our constitutional right to privacy--and to stand our ground against attempts by government to whittle away our civil liberties--we can expect a future that pays only lip service to the concept of freedom.
A living democracy is not a zero sum game. It portends risks. If one demands certainty that a terrorist attack never happen again, then one must be prepared to give up the idea of democracy and to live under an oppressive regime that does not recognize freedom. Defending democracy takes courage. This means defending fundamental rights such as the right to privacy, not trading these rights away for a bogus, guarantee of safety.
This is not to discount the need to take reasonable precautions against acts of terrorism. But reasonable actions include warrants for searches and seizures pursuant to the Fourth Amendment of the U.S. Constitution, not mass warrantless surveillance. Some provisions of the U.S. Patriot Act signed swiftly into Law after the 9-11-2001 attacks provide good examples of how unreflective fear can lead to the abridgment of basic rights. This Act now permits the FBI to place anyone under surveillance just by claiming it is being done for the vaguest of reasons, "to protect against international terrorism or clandestine intelligence activities." No warrants need be issued, and no probable cause need be established.
The scope of constitutional safeguards has continued to narrow since the 9-11 attacks, and this slippery slope can be predicted to continue each time the specter of another terrorist attack is raised, unless Americans speak up univocally for freedom. This isn't about whether you are a Republican, Democrat, or Independent. It's about freedom; and it's about courage. It's about the courage to stand for freedom and against politicians who seek to erode our basic constitutional rights. Speak out for freedom!
