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I would say it's more of a windshield vs. bug battle. That's the real problem: in thinking that there's a possibility for something resembling a "battle" (as opposed to more or less roadkill) we overvalue frontal confrontation while simultaneously missing any opportunity for lateral action.

The government is far from worthless. It took two years between the Bush administration relaxing pollution controls and the AMA recommending pregnant women stop eating tuna. Four years after Obamacare and our uninsured have dropped by a factor of two. Two years after the Halloween Massacre and we completely miss the fall of the Shah. I recognize that most of these examples are negative, but perhaps that's better: if a Stansfield Turner were appointed to the NSA, the NSA would be crippled within weeks.

And that's the take-away: when you're dealing with an organization that operates by appointment, you need appointments that do what you want, rather than what they want. Henry Stimson shut the Black Chamber down with one signature. The NSA doesn't need to be shut down - that would be ridiculous. But it certainly needs to be brought to heel. The problem is that the NSA doesn't do what they do because they're evil, they do it because it's easier than doing it right. And without a compulsion to do it right, they'll do it easy every time.

Is the Stasi here? Please. There are flagrant examples of things going horribly wrong for liberty but there are flagrant examples of people getting really upset about that. Remember: the NSA has been spying flagrantly since the inception of the NSA. What's changed is that people are (A) aware (B) pissed off.

Really, we're better off than we were.