> I cannot understand why otherwise smart people continue to let "national security" dissuade all common sense in everything.
As Upton Sinclair said, "It is difficult to get a man to understand something, when his salary depends upon his not understanding it!" It is important to remember an unfortunately large subset of the people making those arguments - including far too many people here at HN - are profiting from the status quo.
I am less worried about the people making the stupid "with us or against us" ultimatum (at least those people are predictable). The problem is the far larger group that still refuses to believe that surveillance as a business model even exists, or that the "public-private-partnerships"[1] are anything other than regulatory capture.
Once you realize who the "nationals" are that need to be secured, the TPP/TTIP - and all the other efforts to undermine democracy and replace it with corporate sovereignty - make sense. It is the same thing we saw in Jewel v. NSA, when the government's legal council gave the Freudian slip of the century, claiming that it was important to keep the use of section 215 secrete, because of the need to protect "THE NATIONAL SECURITY OF THIS COMPANY"[2].
As for the ISDS, everybody in the negotiation room needs to remember the advice of Londo and G'kar to their junior assistants as they leave them to handle important negotiations on their own: "Just don't give away the homeworld!"[3]
[1] or whatever the latest buzzword-compliant rebranding of fascism is called
[2] https://www.techdirt.com/articles/20140813/23203228207/unsea...
[3] https://www.youtube.com/watch?v=62EaD85zX7o