Edward Snowden: Whistleblower or Traitor?

1371935280000-AP-NSA-Surveillance-Snowden-1306221711_4_3_rx404_c534x401Earlier this month, I learned that as a Verizon Wireless customer, my cell phone records, and those of family, may very well be sitting in some National Security Agency (NSA) analyst’s cubicle.

According to The Guardian, which first reported the story June 5, Verizon is under a court order to turn over on an “ongoing, daily basis,” information such as “the numbers of both parties on a call . . . location data, call duration, unique identifiers, and the time and duration of all calls,” and more.  However, no subscriber’s personal information or contents of a call are covered by the order.

Shortly after the story broke, Edward Snowden, a 29-year-old former NSA contractor, came forward as the informant. Time Magazine quotes Snowden as saying, “The public needs to decide whether these programs and policies are right or wrong.” He has since been charged with theft of government property, unauthorized communication of national defense information, and willful communication of classified communications intelligence information to an unauthorized person.  Snowden may currently be in Moscow and is rumored to be heading to Ecuador to seek political asylum there.

Because the information that Verizon turns over is considered metadata and not communications, the NSA needs no warrant to access it. Even so, by putting together enough metadata, one can fairly easily put together a profile of who is calling whom, for how long, and from where.  While no actual content is turned over to the NSA, the breadth of this program—code named PRISM—should frighten any American because the information is handed over wholesale; no probable cause or suspicion of wrongdoing needed.  And, boom.  The NSA is keeping tabs on you.

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Tickling “Adam’s Rib”

imagesCAX2MCOUI recently got around to watching the classic 1949 movie “Adam’s Rib,” featuring the charismatic duo Spencer Tracy and Katharine Hepburn.

The movie is about a married couple—Tracy and Hepburn—who are also lawyers.  Tracy’s character, Adam Bonner, is an assistant district attorney.  Hepburn’s character, Amanda Bonner, is a Yale law grad and apparently in private practice.  The two live what we might these days call a DINK (double income, no kids) lifestyle. They live in a fabulously decorated two-story apartment filled with expensive looking furniture and paintings, where their maid prepares them breakfast and serves it to them in their bedroom on a silver tray; they enjoy retreating to their country home in Connecticut (fully paid for in only six years, they tell their accountant); and when it comes time for dressing, they retreat to their his-and-hers closets where, particularly in Hepburn’s case, there is an abundance of incredible clothes for all occasions. Adam and Amanda are obviously in love. It appears that for each of them, the other’s accomplishments are a source of pride. 

Until the day Adam is assigned to prosecute Doris Attinger.

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ADHD and Keeping Time in Practice

alarm-clockEach spring semester, when my first-year writing students have moved from objective writing from pre-selected authorities to persuasive writing and doing their own research, I have them keep track of their time. In law practice, time is money.  Even if a lawyer does not bill her hours to a client, she is likely still required to keep track of their time, if only for that organization’s internal purposes. For better or for worse, practicing attorneys must know well each .1 of an hour they work, on what, and for whom.

The time-keeping exercise is designed to provide students practice with billing their time, learning, for example, how to convert, say, twenty minutes of reading cases to .3 of research.  It’s also an exercise designed to give them practice on what kinds of activities to bill. The time spent online looking for case law? Yes.  The writing of the brief?  Of course.  But what about that one-hour meeting with the professor?  Sure.  I’d call that an office conference and lawyers have those all the time. 

After students have finished their first briefs and have turned in their time sheets, I have them reflect on keeping time and ask them what they learned from the exercise. Most students aren’t fond of the exercise, but do recognize its value. One student once asked why I couldn’t ask them to keep track of their time in “normal” increments, like .25, .50, .75, and 1.00. This year, one student responded that keeping time was, for him, incredibly painful.  You see, he said, he has Attention-Deficit, Hyperactivity Disorder (ADHD).

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