On July 30, 2013, I had the pleasure of having dinner with General Keith Alexander, Director of the National Security Agency. Just a few weeks earlier, NYU Law Professor Christopher Sprigman and I had called the NSA’s activities “criminal” in the digital pages of the New York Times, so I thought it was particularly gracious of him to sit with me.

General Alexander is an engaging man and our conversation left me with an appreciation for a fundamental difference in perspective between defenders and critics of the NSA’s surveillance program: whether you believe that unchecked power inevitably corrupts, or rather believe that the sincere intentions of well-meaning individuals will protect us.

I have no doubt that Gen. Alexander loves this country as much as I do, or that his primary motivation is to protect our nation from terrorist attacks. “Never again,” he said over dinner.  But it may be that our deep differences stem from a fundamental disagreement about human nature. 

I think Gen. Alexander believes that history is made by great individuals standing against evil.  I believe that brave people can make a difference, but that larger inexorable forces are often more important: history, economics, political and social systems, the environment. So I believe that power corrupts and that good people will do bad things when a system is poorly designed, no matter how well-intentioned they may be. 

More than once, my dinner companions felt the need to reassure the DIRNSA that none of us thought he was a bad man, but that we thought the surveillance policies and practices were bad, and that eventually, inevitably, those policies and practices would lead to abuse.

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