Government

Why Is the Oversight Board Tasked With Reining in Big Brother Still Hanging in Limbo?

Privacy and Civil Liberties Oversight Board Still Delayed With Nominees Awaiting Senate Confirmation

(Photo: Shutterstock)

With many concerned about privacy infringement by the government as things such as surveillance drones become more mainstream in local police departments and bills such as the Cyber Intelligence Sharing and Protection Act raise protests over online tracking, many may be asking this question: Is a check against Big Brother legislation and surveillance capabilities?

According to an NPR report, the answer is yes — and no. It turns out there used to be a board that was phased out of its previous state to become more independent, but as of right now, nothing is really being done with it. NPR explains:

As it turns out, there used to be just such an entity — the Privacy and Civil Liberties Oversight Board. The suggestion for the board came from the 9/11 Commission, as a kind of counterbalance to national security laws like the Patriot Act. [Lawyer Lanny] Davis served on the board under President George W. Bush — until he resigned to protest White House interference.

But then a funny thing happened: Congress rewrote the law to make the board stronger — and independent of the White House. On paper, the board is now a formidable check against Big Brother. In reality, though, not so much.

Listen to NPR’s full report:

Alan Raul, vice chairman of the board from 2006 to 2008, explained in a Letter to the Editor of the Washington Post in 2010 that Congress began enacting legislation to phase out the board in an effort to make it an entity independent of the White House. President George W. Bush then selected nominees, but the Senate did not confirm them.

At this time two years ago, Raul calls out President Barack Obama for not naming nominees himself after Congress asked him to March 2010. Congress asked that he “immediately nominate qualified individuals” as it was “imperative that the Board be fully operational to evaluate and advice the Executive Branch.”

Obama named two members in Jan. 2011 and two more in Dec. 2011, but it appears next steps rests with the Senate again. Some of the feedback from the Senate after the president’s first nomination what that the board needed more members than were recommended to be fully functional.

Some worry the current group will get rejected by Senate Republicans. NPR includes former Republican board member Asa Hutchison saying it is an “an extraordinary disappointment in government” that the group is not staffed and providing oversight again.

One of the benefits of the board, according to Franklin, is that they can review information before it is able to reach the public, hopefully “assuring us that that kind of oversight is going on.”

According to a Nov. 2011 status report, the board was initially developed to “oversee adherence to the guidelines we recommend and the commitment the government makes to defend our civil liberties.”

This story has been updated to correct a misspelling. 

Comments (10)

  • lukerw
    Posted on May 31, 2012 at 12:46pm

    FASCISTs… are people who want… All people to conform to their Ideology… so they enter Government and Make Laws!

    If your Territory has more Laws than the 10 Commandments… then Fascists rule!

    Report Post » lukerw  
  • Apple Bite
    Posted on May 31, 2012 at 11:54am

    Come on, Liz! You know we can’t listen to NPR clips longer than a minute! It’s that freakish monotone of “Zzzzzz”…..

    Report Post » Apple Bite  
  • Arc
    Posted on May 31, 2012 at 9:39am

    Surely we can’t expect any president to nominate “ good and loyal ” politicians to an
    “ OVERSIGHT COMMITTEE ”. Isn’t that similar to having “the fox guard the hen house ?

    Someone more capable than this poster once determined that there were approximately 105 government offices responsible for monitoring one ( 1 ) other office.

    And Washington wonders why their approval rating is only 10 %.

    Report Post » Arc  
  • Bill Rowland
    Posted on May 31, 2012 at 5:19am

    Sweet Old Barack can’t afford to have an ovesight board checking on him. We have proven that we don’t need the organization anyway, it’s been unstaffed for so long. Just another office that needs to be elimanated.

    OMG 2012

    Report Post »  
  • cykonas
    Posted on May 31, 2012 at 12:11am

    I would prefer that we just get rid of all the onerous legislation. Let’s start with the Patriot Act, the most recent NDAA and CISPA. There are many other pieces of legislation and regulations that need to go as well. Not to mention entire departments/agencies/bureaus. Once that‘s done we won’t need anyone appointed to watch out for We The People.

    I know this sounds crazy, but I just don’t have any confidence that the government can police itself. As one example just take a look at the Inspector General Act since it’s inception in 1978. This was a real big thing back then. It was supposed to clean up all the fraud, waste and abuse in government. They’ve done one heck of a job in cleaning up the mess that is only the civil service side of government (as opposed to the legislative/political side), right? What they’ve done is create another huge bureaucracy within a bureaucracy that has accomplished nada, for the most part.

    There aren’t any easy answers to combat waste of taxpayer dollars, intrusions on our liberties and tyranny. It’s up to us, the voters, to do that. And the only common sense way to do that is to reduce the size and scope of government to the limits set forth in our Constitution. As long as we LET them continue on this path we will continue to forfeit our Liberties. Peace

    Report Post » cykonas  
    • G-WHIZ
      Posted on May 31, 2012 at 11:43am

      There was a wize old man as the Pres-O-Mehico, whom said: “WE BACK-SEND THEM!!”

      Report Post »  
  • West Virginian
    Posted on May 30, 2012 at 11:36pm

    Nothing any Washington Wessal does or says to get or keep power. Surprises me anymore.

    Report Post »  
  • Pete
    Posted on May 30, 2012 at 10:12pm

    Reigning or reining, two different meanings. I think you meant reining.

    Report Post »  
  • Tree_Butcher
    Posted on May 30, 2012 at 10:00pm

    Are they kidding me? Oversight and accountability is the LAST thing this administration wants! This board was lip service to begin with, did anyone seriously expect substantive results?

    Report Post » Tree_Butcher  

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