In light of the National Security Agency’s Prism program being called into public view from the dark crevices of classified information, government secrets, and other inherently non-transparent activities, I wanted to discuss a few points and introduce some thought on the matter. The purpose of this article is to discuss some commonly held views on the issue, as well as to introduce some talking points identifying the true issues at stake: privacy, security, and politics.

The Power of Failure?

Arguments have been made that if the NSA Prism program – and countless others the public will never know about due to their criticality to national security, protection of sources and methods, etc. – were so top-notch, the US wouldn’t have experienced recent terror attacks like those that struck in Boston, Detroit (underwear bomber), or Fort Hood (to name a few).

That argument warrants further examination. What about the countless other terror attacks that have been identified and thwarted prior to execution? You’re thinking, “good question. Surely there must have been others. Why don’t we know more? Is the government withholding information from us?” Yes and no. On one hand, the government is continuously conducting intelligence operations in conjunction with a number of assets purposed with finding, fixing, tracking, targeting, engaging, and assessing terror threats across the globe. The inherently dangerous and sensitive nature of these operations is enough to warrant tight lips, little media attention, and limited public knowledge of successful missions. On the other hand, the government’s ability to conduct these operations comes with a price: public transparency.

You Win Some, You Lose Some

Let’s look at a few examples that demonstrate this situation. In the Intelligence Community and policy-making arenas, the failures are known to all and the successes only to a few. Research a few major intelligence failures we’ve experienced in recent U.S. history alone: Pearl Harbor, the Bay of Pigs, the Tet Offensive, the collapse of the USSR, 9/11, or Benghazi (don’t even get me started on this one). In all of these events, the points of failure in various levels of leadership, decision-making, and intelligence-information fusion was not properly identified, leading to massive events that were embarrassing and devastating for all parties involved, namely the United States.

It is critical to understand when using intelligence failures as an argument that it’s exceptionally difficult to predict with any amount of certainty where an attack will take place to begin with (we’re watching the entire world, no easy feat) – let alone when dealing with “homegrown” terrorists who are already American citizens and living peacefully in the US (until the time of the attack). That being said, there are usually indicators present, but those are easy to miss when handling terabytes of information on a day-to-day basis. As a whole, the U.S. is unbelievably vulnerable to a number of attacks and it’s a wonder that we stop as many as we do. It’s only a matter of time spent identifying various vulnerabilities and studying how to exploit them that could lead to a successful attack on infrastructure, people, natural resources, or the hearts and minds of the populace. Bad people will do bad things, and we can’t stop all of them.

U.S. Persons: To Collect or Not to Collect

As mentioned above, there are endless black holes of information that the public will never know or have access to regarding government programs designed to identify and defeat attacks against the homeland. But one thing that hasn’t been emphasized enough lately is the existence and implementation of intelligence oversight programs at all levels of military and civilian intelligence collection.

In the context of national security and its inherent destruction of privacy (as well as the 4th Amendment), it is important to attempt to distinguish any fine lines that delineate the two. In the US, there are several mechanisms in place that prohibit U.S. intelligence entities from collecting on U.S. persons (including U.S. businesses, corporations, and other entities overseas) in the U.S. or abroad. Period. But, there are only a few exceptions allowed, and even then the collection must fall within your mission set, must be imminently related to a terror attack or suspected terrorist activity, or must be used to similar effect. That hasn’t been brought up enough in the media lately and warrants more emphasis. This oversight doesn’t invalidate people’s concern over certain agencies running wild with information regarding U.S. persons, but still remains a valid talking point.

Privacy vs. Security: Something Wicked This Way Comes

To the effect of what the public is exposed to regarding U.S. collection, there has also been some reference labeling former contractor Edward Snowden as naïve for releasing the classified information that he did. But looking past the scope of immediate facts available for analysis here, one can disagree with that assessment. Maybe Snowden was simply a bit ahead of his time.