Worse, through the annual appropriations process, Congress had given NSA (and the FBI) the money to continue that mass surveillance. American taxpayers were paying for the “privilege” of being spied on at scale by their own government.
And as I’ve noted previously, Snowden’s efforts to inform his fellow Americans of the surveillance dragnet under which they now operated were met with scorn or outright attacks, some from the press but most from members of Congress whose oversight failures Snowden had effectively exposed.
Fifty years earlier, in an era that saw similar whistleblower-driven revelations of widespread illegal federal government surveillance, Congress was far less amenable to such executive branch misconduct. In 1975, the work of the Senate investigative committee, led by the late Senator Frank Church (D‑ID), exposed massive, previously undisclosed unconstitutional surveillance and political repression operations aimed at literally hundreds of thousands of Americans.
Church and his colleagues subsequently passed legislation designed to prevent such abuses in the future: the creation of the House and Senate Intelligence Committees, the Foreign Intelligence Surveillance Act (FISA), and the Inspector General Act. And even though one can argue persuasively that the FBI, NSA, and other federal intelligence and law enforcement entities have found ways around the Church Committee’s reforms, at least Church and his colleagues understood the magnitude of the threat to the constitutional order posed by executive branch surveillance overreach and tried to do something to end it.
In contrast, Snowden’s revelations produced a nearly opposite reaction, with no public hearings into the breadth and damage caused by the mass surveillance he exposed and only one weak and ineffectual legislative fix for the NSA telephone metadata program: the 2015 USA Freedom Act. It was the legislative and constitutional equivalent of putting a Band-Aid on a sucking chest wound.
It was also a testament to the power and influence of the nation’s national security establishment in shutting down any kind of meaningful surveillance reform effort, in no small part by indicting the whistleblower under the Espionage Act (no proof has ever surfaced that Snowden acted as the agent of a foreign power or gave legitimate U.S. secrets to one), seizing the royalties from his memoir, and refusing to consider allowing him to mount a public interest defense for his actions.
In that memoir, Snowden mused on the disparity in the treatment meted out to him and other whistleblowers versus officially sanctioned leaks (pp. 238–239):