State of the Notion -- Part 3: Spying on America
28 March 2005
by SkewsMe.com
"The American tradition of free speech is under attack across the
country, as law enforcement agencies -- under the guise of the war on
terror -- intimidate ordinary citizens into silence. The 1950s McCarthy
era, when random witch hunts by Sen. Joe McCarthy ruined decent
people's lives on false or flimsy accusations that they had spoken
favorably of communism, or knew people who had. Whatever their
politics, Americans today should be appalled that law enforcement
agencies are -- at the Bush administration's urging -- creating files
on people simply for expressing their views."[1]
"Ever since the 1970s, when Army intel agents were caught snooping
on antiwar protesters, military intel agencies have operated under
tight restrictions inside the United States.""[2] "Congressional
committees, led by U.S. Sen. Frank Church and U.S. Rep. Otis Pike,
found that government agencies, including the NSA, had eavesdropped on
actress Jane Fonda, Dr. Benjamin Spock and other anti-Vietnam War
activists. As a result, Congress passed the Foreign Intelligence
Surveillance Act, which created a procedural structure with a special
court for considering and approving certain surveillance activities
that occur in the United States and involve rights guaranteed by the
Constitution such as the ban on unreasonable search and seizure. The
House and Senate also established intelligence oversight committees,
and then-President Gerald Ford issued an executive order establishing a
formal system of intelligence oversight by the executive branch."[3]
"Compared with other institutions of the federal government,
intelligence agencies do pose unique difficulties when it comes to
providing accountability. They cannot disclose their activities to the
public without disclosing them to their targets at the same time. As a
result, intelligence agencies are not subject to the same rigors of
public or congressional debate or the same scrutiny by the media as
other government agencies. Their budgets are secret; their operations
are secret; their assessments are secret."[4]
One department affected is the National Security Agency or NSA.
"The nation's electronic intelligence agency warned President Bush in
2001 that monitoring U.S. adversaries would require a "permanent
presence" on networks that also carry Americans' messages that are
protected from government eavesdropping. The warning was contained in a
National Security Agency report entitled "Transition 2001," sent to
Bush shortly after he took office and reflects the agency's major
concerns at the time. The report was obtained under the Freedom of
Information Act by the National Security Archive, a private security
watchdog group at George Washington University that made the document
public [11 March 2005]. [The document] raised questions about how new
global communications technologies were challenging the Constitution's
protections against unreasonable searches and seizures. The document
also said the global nature of technology leaves government and private
networks more vulnerable to penetration by enemies. It says the agency
is "prepared organizationally, intellectually and - with sufficient
investment - technologically to exploit in an unprecedented way the
explosion of global communications.""[5]
"The National Security Agency eavesdrops on literally billions of
communications worldwide on behalf of the U.S. government, garnering
the secrets of other countries but raising fears that the agency may be
abusing its power. Privacy advocates fear that the awesome power of the
NSA's technology and its secrecy does not have enough outside oversight
to prevent abuse of its tools and information.
"In certain cases, the NSA can look into the activities of U.S.
citizens or residents if it believes they are acting as agents for
another country. The agency must first get the permission of a special
court created by the Foreign Intelligence Surveillance Act and then get
the U.S. attorney general's consent. [NSA Director Lt. Gen. Michael
Hayden] said the burden of proof is on the NSA when seeking such
authorization. He declined to say whether the agency had ever been
turned down."[6]
"The Foreign Intelligence Surveillance Court of Review ruled [in
November 2002] that the Justice Department could expand its powers to
spy on U.S. citizens. The decision overturns a decision earlier [that]
year by the Foreign Intelligence Surveillance Act court that
unanimously rejected the Justice Department’s bid for broader spying
authorities. The Open Society Institute joined five other groups in
expressing “deep disappointment” with the decision."[7]
"Former U.S. Rep. Cynthia McKinney, D-Ga., [said an]
anti-terrorism law giving the government access to Americans' private
lives reminded her of the illegal measures federal authorities took in
the 1960s to discredit leaders of the civil rights movement. That
campaign, since exposed and discredited, was part of a
counterintelligence program known as Cointelpro aimed at disrupting
political dissidence. "It was illegal back then when they were doing
it, but now you've got the USA Patriot Act, and some of the more
objectionable features of the Cointelpro program are now legal," said
McKinney."[8]
"A new provision, approved in closed session [in May 2004] by the
Senate Intelligence Committee, [goes further by eliminating the need
to] comply with the Privacy Act, a Watergate-era law that requires
government officials seeking information from a resident to disclose
who they are and what they want the information for. The CIA always has
been exempt — although by law it isn't supposed to operate inside the
United States. The new provision would now extend the same exemption to
Pentagon agencies such as the Defense Intelligence Agency — so they can
help track terrorists. A report by the Senate Intelligence Committee
says the provision would allow military intel agents to "approach
potential sources and collect personal information from them" without
disclosing they work for the government. The justification: "Current
counterterrorism operations," the report explains, which require
"greater latitude ... both overseas and within the United States." DIA
officials say they mainly want the provision so they can more easily
question American businessmen and college students who travel abroad.
But Pentagon spokesman Bryan Whitman concedes the provision will also
be helpful in investigating suspected terrorist threats to military
bases and contractors inside the United States. "It's a new world we
live in," he says. "We have to do what is necessary for force
protection." Among those pushing for the provision, sources say, were
officials at northcom, the new Colorado-based command set up by
Secretary of Defense Donald Rumsfeld to oversee "homeland defense."
"Pentagon lawyers insist agents will still be legally barred from
domestic "law enforcement." But watchdog groups see a potentially
alarming "mission creep." "This... is giving them the authority to spy
on Americans," said Kate Martin, director of the Center for National
Security Studies, a group frequently critical of the war on terror."
And it's all been done with no public discussion, in the dark of
night.""[9]
"A secretive government commission recently scrutinized the CIA
for expanding its spy activities inside the United States and for
failing to share key intelligence with the FBI, the New York Daily News
has learned. CIA spying on Americans is strictly limited by law, yet
the agency wants a greater role spying on foreigners and potential
terrorists inside the United States, sources said. That worries
experts, who fear Americans' civil liberties may be violated. Giving
the CIA a free hand in the United States is dangerous because it lacks
the FBI's system of constitutional restraint, and oversight by Congress
is also harder, said Kate Martin of the Center for National Security
Studies. "The CIA breaks the laws of the countries they operate in,"
Martin said. "The FBI doesn't break the law anywhere.""[10]
Conclusion:
What laws are left to be broken when it comes to spying on
Americans? Certainly, any ruling that would stand in the way of
stopping potential "terrorists" will be revised as needed, gradually
stripping citizens of their Constitional rights and putting us further
down the treacherous path toward a totalitarian police state.
Historically, demonstrators have been targetted -- whether they
are anti-war activists or civil rights crusaders. "The videotaping by
Melbourne [Florida] police of 36 demonstrators outside City Hall
protesting President Bush's inauguration is just one more in a series
of such intolerable incidents nationwide. Similar surveillance has been
reported in Washington, D.C., Philadelphia, New York, San Francisco and
in small and large cities across America."[11] Why were the
demonstrators filmed? For ""protesting in an anti-government assembly,"
says sheriff's spokesman Sgt. Andrew Walters."[12]
Let's look back to Emma Goldman and Margaret Sanger for a minute,
two great women in American history:
"For nearly thirty years, Goldman taunted mainstream America with
her outspoken attacks on government, big business and war. Goldman
condemned capitalism, denounced marriage, and crusaded for birth
control. The newspapers called her a "modern Joan of Arc." A heretic. A
woman possessed of an uncompromising single-mindedness. Just
twenty-four, Goldman was already recognized as a professional agitator.
Her talk of insurrection...of doing without government...of encouraging
the unemployed to take matters into their own hands...of thousands of
workers going door to door demanding food was terrifying to
authorities. She was arrested and charged with "inciting to riot.""[13]
"Sanger fought to end the Comstock Laws that made it illegal to
talk about birth control. In 1917 Sanger was arrested for distributing
contraceptives at [a] health clinic in New York."[14]
Today, it appears that little has changed, and lately what change
that has occured has been for the worse for civil liberties. We are
still demonized for finding fault with our nation. Recently, Illinois
prohibited activity that monitors its government.[15] A simple act like
videotaping police officers beating someone is now a crime there
"because they did not obtain consent from the people they were
taping."[16]
Watchdog groups that keep track of government activities are a
crucial part of a true democracy. But American leaders are creating an
atmosphere where criticizing the government is a criminal act. Like the
McCarthy witchhunts, being labled an enemy of the state for being
proactive is an American way of life. If the government says you're
wrong, you must be wrong. Who's to question the authority of the United
States of America?