12.06.2014 - 05:25 [ Techdirt ]

If The NSA‘s System Is Too Big To Comply With Court Orders, Court Should Require It To Change Its System

The ACLU calls this „too big to comply,“ a play on the infamous „too big to fail“ claims towards Wall Street during the 2008 economic crisis. Of course, back in 2008, I made a simple suggestion on the „too big to fail“ argument, which would seem to apply equally here. Back then, I pointed out that if banks are „too big to fail,“ there‘s a reasonable solution that doesn‘t involve making them even bigger (which was the government‘s solution): it was to require them to get small enough to fail again.