The issue has nothing to do with whether or not anyone has ‘something to hide.’
1. Every American Is Probably a Criminal, Really
Ignorance of the law is no excuse, no matter how unfair the law may be perceived. But in order to indict the government must first obtain a warrant to investigate further possible criminal wrongdoing; the current surveillance programs likely don’t generate sufficient evidence for a warrant, much less an indictment.
Wanna risk the amount of evidence they have? Ever been required to file a FAFSA for Student Aid? Maybe 3 or 6 of them? How about the 10 page long form census interrogation requiring you to state the # of toilets? Got bomb-making materials in your compound? Got wacko Branch Davidian religious beliefs? Been the innocent dupe of BATF sting operation? Had an IRS agent ask you about the "content of your prayers"? Ever been fingerprinted and polygraphed for a security clearance? DNA swiped for a crime you didn't commit? Carry LARGE SUMS of cash?
2. The Federal Government Has Abused its Surveillance Powers Before
During the Vietnam Era surveillance activities were ‘analog,’ not digital as they are today. Opening one’s hardcopy snail-mail letter is clearly a 4th Amendment violation, as one as a reasonable expectation to privacy regarding such mail.
That may not be the case with wireless, digital communications used with smart phones and computers. This doesn’t necessarily mean there isn’t a reasonable expectation to privacy, it’s just that the courts have yet to make a determination. And until they do the government’s surveillance programs are legal, Constitutional, and do not manifest a privacy rights violation.
'SCuze me.. I don't wait for a judge to back me up if I refuse a vehicle search. Or take the 5th amendment.. It's my call.. I live with the consequences. I think protecting the broader rights of the class goes the same way.. We say STOP --- and then they have to justify their power to compell me...
3. Government Is Made of People, and Some People Are Creepy, Petty, Incompetent, or Dangerous
True.
But anecdotal incidents of abuse by specific government employees does not constitute sufficient evidence to warrant the discontinuance of surveillance programs. If a citizen believes his civil liberties were violated by a given government employee per his execution of official government policy, he’s at liberty to file suit in Federal court, as was recently done by the ACLU.
That's NOT an option if the government is blanket warranting communications data under a secret court where even the content of the warrants to the phone companies can't be disclosed. Where the phone companies LOSE their right to appeal. And where EVEN CONGRESS is unaware of the scope of the surveillance.
In time there will evolve a body of case law establishing boundaries where one’s right to privacy ends and where the government’s right to surveil begins.
Don't have that kind of time.. There's a picture below that tells you why...
Until that time the current hysteria and hyperbole is pointless and counterproductive. To refer to the government’s policies as ‘Orwellian’ or ‘Big Brother’ is consequently unfounded, irresponsible demagoguery.