NDAA: The Civil Liberties We're Giving Up For This Controversial Defense Bill

President Obama signed the National Defense Authorization Act (NDAA) on December 31, 2012, ushering in the New Year with a controversial law, which may impede civil liberties in its current form. As this New York Times article points out, President Obama signed this rather reluctantly, while being aware that the non-budgetary components were not entirely constitutional, and bordered on infringing on the president's authority. I believe that that this is a pragmatic step taken by the president and while it binds his hands when it comes to closing down Guantanamo Bay (GITMO), it may have been a necessary evil to get work done. But we may be giving up more than what we had bargained for, considering the provisions of the Act in its current form.

While the NDAA is a routine act, which outlays the budgets and is not meant be a controversial act, the maxim “Budget is a policy and a political tool,” rings true, this time, more than ever. There are a few troubling provisions in this Act, as it stands. They include warrantless wiretaps, and absolute intrusion of privacy. This also means that some of these provisions have been included, from a particular ideological standpoint, which is damaging to civil liberties. As Senator Ron Wyden (D-Oreg.) explains, this Act is just putting off the real issues, both in terms of his objection to expenditures and GITMO. He called it the "kicked can" Act, alluding to putting off real issues which need to be dealt with (including closure of GITMO).

The second troubling part of this Act is the uplifting of ban on domestic propaganda.  Congressmen Mac Thornberry (R-Texas) and Adam Smith (D-Wash.) introduced "The Smith-Mundt Modernization Act of 2012" (H.R. 5736) last week during discussions for the NDAA 2013. This updates the Smith-Mundt act of 1948 and Foreign Relations Authorization Act of 1987 allowing for domestic propaganda by the Government. While the logic of the Act seems to be to counter the propaganda of Al-Qaeda and other groups’ intent on false anti-American propaganda, the logic of "countering fire with fire," seems a bit far-fetched. The American public is getting wiser and one hopes that taxpayer dollars are not spent on propaganda campaigns.

The American Civil Liberties Union (ACLU) in its response to the passage of the law said, "The ACLU believes that any military detention of American citizens or others within the United States is unconstitutional and illegal, including under the NDAA. In addition, the breadth of the NDAA's detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war." The ACLU also points out that there is provision (though not explicit), which can make discrimination against gay, lesbian and bisexual service members easier. As the post on ACLU goes on to point out, "During its consideration of the bill, House Armed Services Committee adopted an amendment offered by Rep. Todd Akin (R-Mo.) that required beliefs of members of the armed forces "concerning the appropriate and inappropriate expression of human sexuality" to be accommodated. The amendment was a naked attempt to undermine the Don't Ask, Don't Tell repeal and open service for lesbian, gay, and bisexual service members. “

It is true that national defense cannot be compromised and the Department of Defense and other agencies must have the power to do what is necessary to protect and safeguard American citizens. But this right does not mean unfettered access and unlimited power, which is what the law gives these agencies.

One can hope that this law creates the amount of debate that is necessary and the president uses his power to negotiate and remove provisions that are troubling. While far-fetched and unlikely, these bargains are our only hope for living a free life. Lest this continue, very soon, we may be finding ourselves in an Orwellian state.

On second thoughts, perhaps, we already are?

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Sabith Khan

Sabith Khan is a social entrepreneur, researcher and founder of MENASA, a think-tank and policy shop engaged in issues related to MENA and South Asia. Sabith has worked for several years in the field of strategic communications, public affairs and nonprofit management, trying to understand and communicate issues pertaining to civil society, development and youth in the US and MENA region. Sabith has worked with several large global public affairs firms, on award-winning campaigns in healthcare, entertainment and government relations. During his stint at Ogilvy Public Relations Worldwide, he ideated and executed a global award-winning campaign for Apollo Hospitals (Abby and Clio Awards). He has also worked in the Middle East managing accounts as diverse as Dubai Film Festival, Mohammed bin Rashid Foundation, Dubai International Film Festival, Dubai School of Government. Most recently, he served as the Executive Director of Muslim Public Service Network in Washington D.C, an NGO that engages and inspires young American Muslims to do public service. He is currently pursuing a PhD in Planning Governance and Globalization at Virginia Tech. He has been involved as a team member and leader in several international development projects including consulting for the Near East Foundation, in helping set up their Monitoring and Evaluation system for their offices across the MENA region. Sabith has a Master of Public administration and a Master of Arts in International Relations from the Maxwell School of Syracuse University. In Summer 2013, he conducted research on American Muslim philanthropy at the Lilly School of Philanthropy, Indianapolis, in an attempt to map giving behavior among Muslims over the last ten years i.e., 2002- 2012. Sabith’s research interests include Religion and Philanthropy, Youth issues in USA, Middle East North Africa and South Asia, Governance and Civil Society. Sabith is also the co-editor of Millennials Speak: Essays on the 21st century, a snapshot of the ideas and opinions of the global Millennial Generation. Twenty writers from five continents, a diverse mix of young academics, policy professionals, and future thought and creative leaders, cover topics from the legacy of the Arab Spring, the global food system, the U.S. student loan crisis, youth unemployment, to popular culture. Currently working: Founder and Executive Director, MENASA Publications: 1. Humanitarian Aid and Faith-Based Giving: The Potential of Muslim Charity - Unrest Magazine, George Mason University. May 2013. Accessible at http://www.unrestmag.com/about-unrest/past-issues/#sthash.GEqNfv0U.dpuf 2. Arab American Diaspora and American Muslim Philanthropy: impact of crisis situations on mobilization and formation of a “community.” American University in Cairo Press. Cairo. (NP). Expected Fall 2013. 3. Middle-East Peace Talks 2010: Investigating the Role of Lobbying and Advocacy Groups in Washington, D.C. as Spoilers. Maxwell School of Citizenship and Public Affairs. Spring 2011. Accessible at : http://www.maxwell.syr.edu/parcc/Research/intrastate/Spoilers_of_Peace_Project/ Blog: www.sabithkhan.wordpress.com

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