I watched a segment of
Last Week Tonight the other day after one of my housemates mentioned that John Oliver had interviewed Edward Snowden. While the interview was interesting enough to sustain the segment, there was an puzzling issue raised in the episode (around 10:55) that caught my attention. You can watch the episode in its entirety
here or skip to the section I'm referencing in this blog post (whatever works for you).
A brief summary to lead up to the issue: in this episode Oliver presents a discussion on government surveillance, a difficult subject to navigate in a post-9/11 America. The most obvious tension that exists in this discussion lies in the gray area that exists between the individual's right to privacy and the government's right to protect the individual and the nation from terrorism. Of course, this is a very cursory analysis of the current conversation and, truthfully, Oliver does an awesome job of calling Americans out on their misunderstanding of the legislation that sustains government surveillance. Here is where we can cue the literary theory theme music.
At one point in the segment, Oliver shows a clip of Rep. James Sensenbrenner—one of the primary authors of the Patriot Act—testifying before a House Judiciary Committee. In response to some of the Patriot Act's more controversial sections, Sensenbrenner remarks that, "...no fair reading of the text would allow for this program." The program Sensenbrenner references is in regards to the NSA's systematic collection of "..any tangible things...for an investigation to protect against international terrorism..." (Section 215).
Herein lies the problem. According to Sensenbrenner, the government is currently misreading the text he's written, meaning that legal precedents are being established in contention to the author's interpretation of the text. How, then, are we supposed to read a legal text (especially something as controversial (and broad) as the Patriot Act)? Currently, there seems to be a New Critical approach to the reading and application of the Act. If it's written in the text, after all, isn't there a legality to any action that is deemed necessary? Or perhaps the NSA is more into deconstruction, recognizing that meaning is constantly differed. Maybe (and this is a weird thought to consider) they're lost in a Fishian approach to the Act—and are constructing meaning subjectively to fit their needs.
At any rate, there's something a tad bit terrifying about the lack of objectivity present in the reading and implementation of this Act. I mean, it's possible that I've been—up until now—blind to the obvious, that laws and bills are less divine than I thought. Yet, one would assume that the checks and balances of the government would act as a safety net before anything that infringed upon our rights was put in place. But their—that is, the courts' and the legislature's—reading depends on...what, exactly?
Thoughts?