Michael V. Hayden - Does State Spying Make Us Safer?: The Munk Debate on Mass Surveillance

A LETTER FROM PETER MUNK

Since we started the Munk Debates, my wife, Melanie, and I have been deeply gratified at how quickly they have captured the publics imagination. From the time of our first event in May 2008, we have hosted what I believe are some of the most exciting public policy debates in Canada and internationally. Global in focus, the Munk Debates have tackled a range of issues, such as humanitarian intervention, the effectiveness of foreign aid, the threat of global warming, religions impact on geopolitics, the rise of China, and the decline of Europe. These compelling topics have served as intellectual and ethical grist for some of the worlds most important thinkers and doers, from Henry Kissinger to Tony Blair, Christopher Hitchens to Paul Krugman, Peter Mandelson to Fareed Zakaria.

The issues raised at the Munk Debates have not only fostered public awareness, but they have also helped many of us become more involved and, therefore, less intimidated by the concept of globalization. It is so easy to be inward-looking. It is so easy to be xenophobic. It is so easy to be nationalistic. It is hard to go into the unknown. Globalization, for many people, is an abstract concept at best. The purpose of this debate series is to help people feel more familiar with our fast-changing world and more comfortable participating in the universal dialogue about the issues and events that will shape our collective future.

I dont need to tell you that there are many, many burning issues. Global warming, the plight of extreme poverty, genocide, or our shaky financial order these are just a few of the critical issues that matter to people. And it seems to me, and to my foundation board members, that the quality of the public dialogue on these critical issues diminishes in direct proportion to the salience and number of issues clamouring for our attention. By trying to highlight the most important issues at crucial moments in the global conversation, these debates not only profile the ideas and opinions of some of the worlds brightest thinkers, but they also crystallize public passion and knowledge, helping to tackle some of the challenges confronting humankind.

I have learned in life and Im sure many of you will share this view that challenges bring out the best in us. I hope youll agree that the participants in these debates challenge not only each other but also each of us to think clearly and logically about important problems facing our world.

Peter Munk
Founder, Aurea Foundation
Toronto, Ontario

Copyright 2014 Aurea Foundation

Glenn Greenwald, Alexis Ohanian, Alan Dershowitz, and Michael Hayden in conversation, by Rudyard Grifffiths. Copyright 2014 Aurea Foundation.

Post-Debate Commentary by Ron Deibert. Copyright 2014 Aurea Foundation.

Post-Debate Commentary by Ann Cavoukian. Copyright 2014 Aurea Foundation.

All rights reserved. No part o f this publication may be reproduced or transmitted
in any form or by any means, electronic or mechanical, including photocopying,
recording, or any information storage and retrieval system, without permission in
writing from the publisher.

This edition published in 2014 by

House o f Anansi Press Inc.

110 Spadina Avenue, Suite 801

Toronto, ON, M5V 2K4

Tel. 416-363-4343

Fax 416-363-1017

www.houseofanansi.com

Library and Archives Canada Cataloguing in Publication

Does state spying make us safer? : the Munk Debate on Mass Surveillance / Michael Hayden, Alan Dershowitz, Glenn Greenwald, Alexis Ohanian.

(Munk debates)Debate held May 2, 2014, in Toronto, Ontario.

Issued in print and electronic formats.

ISBN: 978-1-77089-841-7 (pbk.). ISBN: 978-1-77089-842-4 (html).

1. Intelligence service. 2. National security. 3. Internal security. I. Dershowitz, Alan M., panelist II. Greenwald, Glenn,panelist III. Ohanian, Alexis, 1983, panelist IV. Hayden, Michael, 1945 panelist V. Series: Munk debates

JF1525.I6D63 2014 327.12 C2014-904720-7
C2014-904721-5

Library of Congress Control Number: 2014911686

Cover design: Alysia Shewchuk

Typesetting: Laura Brady

We acknowledge for their financial support of our publishing program the Canada Council for the Arts, the Ontario Arts Council, and the Government of Canada through the Canada Book Fund.

CONTENTS

Introduction by Rudyard Griffiths

The Munk Debate on Mass Surveillance

Pre-Debate Interviews with Rudyard Griffiths

Post-Debate Commentary

Acknowledgements

About the Debaters

About the Editor

About the Munk Debates

About the Interviews

About the Post-Debate Commentary

INTRODUCTION BY RUDYARD GRIFFITHS

State surveillance is the controversy of our time, combining fast-changing technology, the ongoing revolution in how we communicate with each other, the power and responsibility of nation-states to defend themselves, and our deep-seated, personal expectations for privacy it engages a host of the major tenets that make up our modern way of life. This is why it was an obvious choice for the Munk Debates to dedicate one of its semi-annual contests to bringing together the most trenchant and salient commentators on state surveillance today for a no-holds-barred discussion.

The resolution before the three thousand attendees who filled Torontos Roy Thompson Hall to capacity was as stark as it was significant: Be it resolved: state surveillance is a legitimate defence of our freedoms. Speaking for the resolution, in his first-ever public debate, was General Michael Hayden. Considered by many to be the chief architect of the sophisticated surveillance programs that evolved in the post-9/11 era, General Hayden led both the National Security Agency (NSA) and the Central Intelligence Agency (CIA) under President George W. Bush. Throughout the debate, he displayed his unparalleled knowledge of the inner workings and larger policy objectives of Americas surveillance networks. In this regard, readers will want to pay special attention to his fascinating account of the 9/11 terrorists and how, in his view, a robust regime of state surveillance such as the one America has today could have helped foil such an attack. To quote Michael Hayden from the debate: Terrorism is a big deal, but we do [mass surveillance] for lots of good, legitimate reasons.... if this metadata program which is about terrorism, because the only reason you can use metadata is to stop terror attacks, no other purpose had been in place we would have known that Nawaf al-Hazmi and Khalid al-Mihdhar, two of the muscle guys on the plane planning to hit the Pentagon, were in San Diego.

Completing the two-person pro team on the debate stage was celebrated legal scholar, trial lawyer, and civil liberties champion professor Alan Dershowitz. Why would one of the most prominent civil libertarians of our time chose to argue that state surveillance is a legitimate defence of our freedoms? For Professor Dershowitz the debate is not one of absolutes. As he argued throughout the two-hour contest, the challenge at hand is striking a balance, enshrined in law and overseen by the courts and Congress, between the privacy rights of individuals and the immense advantage surveillance programs give democratic societies facing complex, unconventional, and sophisticated terrorist threats. He believes our courts, democratic legislatures, and public servants are up to this challenge and that accountable, measured, and legally rigorous state surveillance is a necessary and achievable goal: I sincerely believe that surveillance, properly conducted and properly limited, can really and genuinely protect our liberties. No state has ever survived without surveillance, and no state deserves to survive if it has too much surveillance, particularly against its own citizens. A balance has to be struck, but that balance cannot eliminate the power of government to obtain information necessary to the defence of our freedoms.