As part of the fallout of the Boston bombings, we're probably going to get some new laws that give the FBI additional investigative powers. As with the Patriot Act after 9/11, the debate over whether these new laws are helpful will be minimal, but the effects on civil liberties could be large. Even though most people are skeptical about sacrificing personal freedoms for security, it's hard for politicians to say no to the FBI right now, and it's politically expedient to demand that something be done.
If our leaders can't say no -- and there's reason to believe they can -- there are two concepts that need to be part of any new counterterrorism laws, and investigative laws in general: transparency and accountability.
Long ago, we realized that simply trusting people and government agencies to always do the right thing doesn't work, so we need to check up on them. In a democracy, transparency and accountability are how we do that. It's how we ensure that we get both effective and cost-effective government. It's how we prevent those we trust from abusing that trust, and protect ourselves when they do. And it's especially important when security is concerned.
First, we need to ensure that the stuff we're paying money for actually works and has a measureable impact. Law-enforcement organizations regularly invest in technologies that don't make us any safer. The TSA, for example, could devote an entire museum to expensive but ineffective systems: puffer machines, body scanners, FAST behavioral screening, and so on. Local police departments have been wasting lots of post-9/11 money on unnecessary high-tech weaponry and equipment. The occasional high-profile success aside, police surveillance cameras have been shown to be a largely ineffective police tool.