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<div class="">June 14, 2013</div>
<h1>The Other Side of the Story</h1>
<h6 class="">By
<span>
<a href="http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists/gailcollins/index.html" rel="author" title="More Articles by GAIL COLLINS"><span>GAIL COLLINS</span></a></span></h6>
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<p>
The deck is always stacked when we debate keeping the nation safe. </p>
<p>
Recently, we discovered that the National Security Agency is keeping an
enormous file of our phone calls. In the N.S.A.’s defense, its chief,
Gen. Keith Alexander, said “dozens” of potential terrorist attacks had
been thwarted by that kind of effort. The director of the F.B.I., Robert
Mueller, suggested it might prevent “the next Boston.” </p>
<p>
How do you argue with that? True, the N.S.A. program had been up and
running for years without being able to prevent the first Boston. And
Alexander declined to identify the thwarted attacks, arguing that might
aid potential terrorists. </p>
<p>
But most Americans were sold. The words “terrorist attack” conjured up
terrible, vivid pictures. On the other side was just a humongous
computer bank full of numbers. If you didn’t do anything wrong, what was
the problem? </p>
<p>
Today, let’s try putting a face on it in the form of Brandon Mayfield. </p>
<p>
A Kansas native, Mayfield went to college and law school, served in the
Army, married, had three children and moved to Portland, Ore., to
practice law. </p>
<p>
His story begins with — yes! — an enormous federal database, in this
case the one that collected fingerprints of Americans who served in the
military. </p>
<p>
In 2004, after terrorists bombed commuter trains in Madrid, Spanish
officials found a suspicious fingerprint on a plastic bag at the scene.
The F.B.I. ran it through its files and decided, erroneously, that it
matched Mayfield’s. Further investigation revealed that Mayfield had
married an Egyptian immigrant and converted to Islam — information the
authorities apparently found far more compelling than the fact that he
had never been to Spain. </p>
<p>
Peculiar things then began to happen in the Mayfield house. His wife,
Mona, returned home to find unlocked doors mysteriously bolted. Their
daughter, Sharia, then 12, noticed that someone had been fooling around
with her computer. “I had a desktop monitor, and it looked like some of
the screws had been taken out and not put back in all the way,” she said
in a phone interview. “And the hard drive was sticking out.” </p>
<p>
Later, the family would learn that agents had broken into their home and
Mayfield’s law office repeatedly, taking DNA swabs from the bathroom,
nail clippings and cigarette butts, along with images of all the
computer hard drives. </p>
<p>
“I became very paranoid that someone was going into my room,” said Sharia. </p>
<p>
The snoopers had warrants from the court set up by the Foreign
Intelligence Surveillance Act. FISA courts are supposed to keep
investigators within the law while they’re secretly searching for
terrorists. We have been hearing a lot about this recently, since the
Obama administration keeps pointing out that the N.S.A.’s phone records
project had the blessing of FISA judges. Last year, the feds made 1,856
requests to FISA judges and got 1,856 thumbs-up. </p>
<p>
So there we are: Search of huge database produces a (wrong) name.
Investigators get permission to search an American family’s house
without their knowledge, from a secret court that does not seem to be
superhard to convince. </p>
<p>
One day, F.B.I. agents walked into Mayfield’s office, handcuffed him and
took him away. When Sharia left school, her brother met her and told
her that their father had been arrested. She assumed it was a joke.
</p>
<p>
“I said something like, ‘Oh — good one, bro.’ Then my brother started to cry.” </p>
<p>
For the next two weeks, Mayfield remained in jail, imagining a possible
death penalty. His daughter recalls the family’s isolation, coupled with
omnipresent radio and television reports about the alleged Madrid
bomber. “School was a refuge in some ways from the reality of home,
which was hell,” Sharia said. </p>
<p>
Spain saved the day. The Spanish investigators were dubious from the
beginning that the fingerprints at the bombing site were Mayfield’s;
they had been hoping, perhaps, for a person who had set foot in Europe
within the last decade. They found and arrested someone whose finger was
a real match. </p>
<p>
Mayfield was released. The government eventually paid him $2 million in
damages and, in a rare act of contrition, issued a formal apology to him
and his family. A federal judge in Oregon also found that the Patriot
Act’s authorization of secret searches against American citizens was
unconstitutional — a ruling that was reversed on a technicality by a
higher court. </p>
<p>
That was nearly a decade ago. “But you never quite get over these
things,” Mayfield said. “It was a harrowing ordeal. It was terrifying.”
He and his daughter are working on a book about what happened. Sharia is
also going to law school. “I want to do civil liberties,” she said.
</p>
<p>
So there we are. It’s just one story. But I suspect the national
willingness to give government a blank check on national security
matters comes to a screeching halt at about the point where the agents
tiptoe into the daughter’s bedroom. </p>
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