Hacker News new | ask | show | jobs
by trunnell 4545 days ago
So if it's perfectly constitutional and legal, why did Wyden feel the need to ask the question? And why did Clapper respond the way he did?
1 comments

You're arguing that it's obviously unconstitutional, but the logical inverse of that is not that it is obviously constitutional.

There is a very wide gulf between those two positions, a gulf where the constitutionality of those programs is up for reasoned debate (e.g., with Sen. Wyden's question).

But Clapper would have responded the way he did since disclosing "methods & means" of electronic surveillance is also illegal, and given the direct nature of the questions by Sen. Wyden could hardly have been properly evaded by the standard "can't confirm or deny" excuse the government always gives. In other words Sen. Wyden employed the same logic as the "warrant canary" you guys all find so fascinating :)