“Life in the surveillance state”

March 27, 2007 @ Michael Hampton7 Comments

Being forced by the government to spy on your own neighbors, customers, friends and family. It’s coming. And it will be brought to you by the Federal Bureau of Investigation, whose national security letters have recently attracted national attention due to findings of abuse and lawbreaking by FBI agents.

Earlier this month, the Department of Justice inspector general’s office reported that FBI agents repeatedly broke the law in issuing national security letters and so-called “exigent letters” where the bureau didn’t have the legal authority to request the information, didn’t need the information, or didn’t even have an open case.

One of the victims, an owner of an Internet service provider who challenged the national security letters in court, has had a letter published anonymously in theWashington Post. In a heading appearing before the letter, thePost explained that while the author would have preferred to be named, the FBI still insists on maintaining its gag order over the person.

Living under the gag order has been stressful and surreal. Under the threat of criminal prosecution, I must hide all aspects of my involvement in the case — including the mere fact that I received an NSL — from my colleagues, my family and my friends. When I meet with my attorneys I cannot tell my girlfriend where I am going or where I have been. I hide any papers related to the case in a place where she will not look. When clients and friends ask me whether I am the one challenging the constitutionality of the NSL statute, I have no choice but to look them in the eye and lie.

I resent being conscripted as a secret informer for the government and being made to mislead those who are close to me, especially because I have doubts about the legitimacy of the underlying investigation.

The inspector general’s report makes clear that NSL gag orders have had even more pernicious effects. Without the gag orders issued on recipients of the letters, it is doubtful that the FBI would have been able to abuse the NSL power the way that it did. Some recipients would have spoken out about perceived abuses, and the FBI’s actions would have been subject to some degree of public scrutiny. To be sure, not all recipients would have spoken out; the inspector general’s report suggests that large telecom companies have been all too willing to share sensitive data with the agency — in at least one case, a telecom company gave the FBI even more information than it asked for. But some recipients would have called attention to abuses, and some abuse would have been deterred. — Washington Post

The whole thing is well worth reading.

“This businessman has given us a sneak preview of life in the surveillance state,” writes Timothy Lynch, director of the Cato Institute’s Project on Criminal Justice. “I’ve tried to draw attention to the conscription aspect [PDF] of anti-terrorism laws and policies, but conservatives don’t want to talk about it. . . .

Liberty has been losing ground to government over the years,” Lynch says. “Since 9/11, we have been in a vicious political cycle. The courts are defending constitutional liberties at the margins, but the overall trend is quite bad. A few months ago, some U.S. senators voted to enact a law that they believed to be unconstitutional. That’s an indication of the political climate. Bad.”

One receipient of a national security letter, who also called the American Civil Liberties Union instead of just rolling over, has already been named in published reports as George Christian of Library Connection, Inc., which maintains Internet connections for public libraries in Connecticut. Several details of Christian’s case do not match those of the businessman whose letter thePost published anonymously.

The FBI, for its part, decided it didn’t need those records after all, and left the anonymous writer alone — except to instruct him to remain silent about ever having received the national security letter. There goes your First Amendment.

At this rate, soon we’re all going to be forced at gunpoint to turn each other in for all manner of thought crimes — and face prison for speaking out. This can’t be the sort of state that “conservatives” want us to live in. Didn’t we spend half a century fighting against this sort of thing?

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7 Comments → ““Life in the surveillance state””


  1. Doc

    Mar 27, 2007

    A truly frightening tale. The challenge here is to hide investigations from bad guys who wish to do us harm. To do that – it’s understood that some requests for information must be secret for the period of the investigation.

    However, according to your report, Mr. Christian was told he could NEVER talk about it – even though the Gov’t didn’t need his records! I guess the interesting thing is I don’t blame the FBI for this – if my job was to secure the country, and I had a tool like national security letters, I’d use it too.

    This cannot continue. I don’t see why a court can’t have access to classified information, and a person who is served these letters be able to fight them in court. If nothing else, the letters should be tied to an investigation of a committed or intended Islamofascist attack, and be public after the investigation concludes. I guess the interesting thing is I don’t blame the FBI for this – if my job was to secure the country, and I had a tool like national security letters, I’d use it too.

    But this gets to the real problem, Michael. We do not have a declared war against a named enemy. If we did, the Gov’t would rightly have the ability to prosecute the war, at home and abroad. NSLs could only be issued to identify and capture (not arrest and convict) the enemy, or treasonous persons providing “aid and comfort”, per the Constitution.

    Instead, we have a situation where the Gov’t is fighting the “War on Terror”, which means ANY violent (or potentially violent!!) asymmetric threat. That definition gives too much latitude to security and law enforcement to determine threats, and to see the people they serve as potential enemies of the state. Ultimately, this is our failure as Americans – to hold our Congress accountable to the Constitution.

    Reply

  2. Verbos

    Mar 27, 2007

    One of the problems we face in fighting these issues is public apathy. Some people block out things they don’t like and pretend they don’t exist. But there are others who believe their “Ends justify their Means”. These people lack integrity and are fare the worst. Many people have this attitude and don’t even recognize it. What will you do to keep your job? I personally worked in service industries where the ones who follow company policy rose to the top. I kept my position because if they fired me, my customers would find me again. They knew that I was there to serve them first. How much integrity do you have? Please give this some thought. Those who promote lies and theft don’t deserve liberty and will loose it for us all.

    Reply

  3. Verbos

    Mar 27, 2007

    I read on Yahoo news where the FBI director is declaring that ‘we (the FBI) can use those letters appropriately’. Not an exact quote I don’t think but close enough.
    Of course they CAN use them appropriately. When the power was given to them they were ENTRUSTED to use that power appropriately. But they DIDN’T and should be held accountable for it.
    That’s what I tell my kids when they mess up and I have to apply a consequence to their actions. They tell me ‘Please, Mom. I can do it right’ or ‘I won’t do it again’ but the consequences still stick.
    If I tell my kids that this is the way the world works, you do something wrong, abuse a trust given you, and then you have to accept the consequence that goes with that abuse than I want to see people who are NOT 8 or 10 years old following along that principle to. That’s how it’s supposed to work. That’s what we teach our kids to expect. And if my kids can understand this better than the head of the FBI, we have a real problem.

    Reply

  4. geri

    Mar 27, 2007

    Sorry, the above commment is by me…not Verbos. Don’t know why it did that.

    Reply

  5. forstand

    Mar 27, 2007

    As a young pup I took a college class in psychology and my term paper dealt with ‘cognitive consonance and dissonance’ which describes Verbos’ statement about people blocking out things that they don’t like. Verbos is quite correct.

    Reply
  6. Jul 12, 2007

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  7. Jul 18, 2007

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