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This bill doesn't legalize every part of Bush's illegal warrantless eavesdropping program but it takes a large step beyond FISA towards what Bush did. There was absolutely no reason to destroy the FISA framework, which is already an extraordinarily pro-Executive instrument that vests vast eavesdropping powers in the President, in order to empower the President to spy on large parts of our international communications with no warrants at all. This was all done by invoking the scary spectre of Terrorism -- "you must give up your privacy and constitutional rights to us if you want us to keep you safe" -- and it is Obama's willingness to embrace that rancid framework, the defining mindset of the Bush years, that is most deserving of intense criticism here.

Beyond that, this attitude that we should uncritically support Obama in everything he does and refrain from criticizing him is unhealthy in the extreme. No political leader merits uncritical devotion -- neither when they are running for office nor when they occupy it -- and there are few things more dangerous than announcing that you so deeply believe in the Core Goodness of a political leader, or that we face such extreme political crises that you trust and support whatever your Leader does, even when you don't understand it or think that it's wrong. That's precisely the warped authoritarian mindset that defined the Bush Movement and led to the insanity of the post-9/11 Era, and that uncritical reverence is no more attractive or healthy when it's shifted to a new Leader.

The Fourth Amendment prohibition against illegal search and seizure made it into the U.S. Constitution precisely because its drafters understood that the power to snoop is addictive. Even if we happen to trust in the good intentions of the snoopers, the nature of any government can change rapidly — which is why the Constitution places limits on the tools available to any regime. But the drafters could never have imagined the commercial pressures at play today. The global homeland-security business is now worth an estimated $200 billion — more than Hollywood and the music industry combined. Any sector of that size inevitably takes on its own momentum. New markets must be found — which, in the Big Brother business, means an endless procession of new enemies and new emergencies: crime, immigration, terrorism.

here is a large and powerful country that, when it comes to human rights and democracy, is so much worse than Bush's America. But during my time in Shenzhen, China's youngest and most modern city, I often have the feeling that I am witnessing not some rogue police state but a global middle ground, the place where more and more countries are converging. China is becoming more like us in very visible ways (Starbucks, Hooters, cellphones that are cooler than ours), and we are becoming more like China in less visible ones (torture, warrantless wiretapping, indefinite detention, though not nearly on the Chinese scale).

今年是中国立宪百年，《世界人权宣言》公布60周年，“民主墙”诞生30周年，中国政府签署《公民权利和政治权利国际公约》10周年。在经历了长期的人权灾难和艰难曲折的抗争历程之后，觉醒的中国公民日渐清楚地认识到，自由、平等、人权是人类共同的普世价值；民主、共和、宪政是现代政治的基本制度架构。抽离了这些普世价值和基本政制架构的“现代化”，是剥夺人的权利、腐蚀人性、摧毁人的尊严的灾难过程。21世纪的中国将走向何方，是继续这种威权统治下的“现代化”，还是认同普世价值、融入主流文明、建立民主政体？这是一个不容回避的抉择。

Commerce has since 1997 repeatedly refused to incorporate freedom of expression as a principle guiding the ICANN regime, despite numerous calls for it to do so in public comment sessions. The earliest of these calls came in 1997, during the drafting of the Green Paper leading to ICANN's creation, when the principles guiding the regime were first being formulated. EFF, the Domain Name Rights Coalition and many individuals asked that free expression be written into ICANN's constitution. The most recent reiteration of this call came in 2006, from the Internet Governance Project during a review of ICANN’s status. In each case, Commerce has either ignored or in some cases explicitly rebuffed these calls for recognition of free speech as a part of ICANN’s mandate.