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The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.

Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.

Russia’s time, place, and method of retaliating against Turkey is something only the Kremlin will know. But Russia’s actions upon the international stage have been so far thoroughly thought out, allowing Moscow to outmaneuver the West at every juncture and in the wake of every Western provocation. For Turkey’s government – one that has been consistent only in its constant failure regarding its proxy war against its neighbor Syria, who has been caught planning false flag provocations to trigger wider and more direct war in Syria, and whose government is now exposed and widely known to be directly feeding, not fighting ISIS – the prospect of Russian retaliation against it, either directly or indirectly, and in whatever form will leave it increasingly isolated. Until then, Russia’s best bet is to simply continue winning the war. Taking the Jarabulus-Afrin corridor and fortifying it against NATO incursions while cutting off ISIS and other terrorist factions deeper within Syria would be perhaps the worst of all possible retaliations. With Syria secured, an alternative arc of influence will exist within the Middle East, one that will inevitably work against Saudi and other Persian Gulf regimes’ efforts in Yemen, and in a wider sense, begin the irreversible eviction of Western hegemony from the region. The West, already being pushed out of Asia by China, will suffer immeasurably as the world dismantles its unipolar international order, region by region. As in the game of chess, a player often seeks to provoke their opponent into a series of moves. The more emotional their opponent becomes, the easier it is to control the game as it unfolds. Likewise in geopolitics and war, emotions can get one killed, or, be channeled by reason and superior strategic thinking into a plan that satisfies short-term requirements but serves long-term objectives. Russia has proven time and time again that it is capable of striking this balance and now, more than ever, it must prove so again.