by James Bovard
Originally found on:
CounterPunch
Link to Whole Article:
The Never Ending Federal Surveillance Crime Spree
Excerpts:
Last December, one of the most intrusive provisions in the federal statute book was set to expire. Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the National Security Agency to vacuum up trillions of emails and other data. A bevy of bipartisan members of Congress called for radically curtailing those nullifications of Americans’ privacy.
But the effort to put a leash on the federal surveillance failed dismally. Congress voted for a four-month extension of FISA, which will likely be followed in April by a much longer extension. There was a bipartisan congressional conspiracy to entitle the Deep State to continue trampling the Constitution.
In 1978, Congress passed the Foreign Intelligence Surveillance Act to outlaw political spying (such as the FBI had committed) on American citizens. FISA created a secret court to oversee federal surveillance of suspected foreign agents within the United States, permitting a much more lenient standard for wiretaps than the Constitution permitted for American citizens.
The latest controversy involved FISA Section 702, first enacted by Congress in 2008. That section authorizes the National Security Agency to surveil targets in foreign nations regardless of how many Americans’ privacy is “incidentally” destroyed. The NSA collects vast amounts of information as part of that surveillance and then permits the FBI to sift through its troves. The Electronic Frontier Foundation warned more than a decade ago that Section 702 “created a broad national-security exception to the Constitution that allows all Americans to be spied upon by their government while denying them any viable means of challenging that spying.”
From the beginning, federal agencies brazenly lied about the number of Americans whose privacy was ravaged. In 2014, former NSA employee Edward Snowden provided the Washington Post with a cache of 160,000 secret email threads that the NSA had intercepted. The Post found that nine out of ten account holders were not the “intended surveillance targets but were caught in a net the agency had cast for somebody else.” Almost half of the individuals whose personal data was inadvertently commandeered were American citizens. The files “tell stories of love and heartbreak, illicit sexual liaisons, mental-health crises, political and religious conversions, financial anxieties and disappointed hopes,” the Post noted. If an American citizen wrote an email in a foreign language, NSA analysts assumed they were foreigners who could be surveilled without a warrant.
Former Justice Department lawyer Marc Zwillinger is one of a handful of FISA court amici allowed to comment on cases or policies in the secret court. He issued a public warning that the House Intelligence bill expands the definition of “electronic communication service providers” covered by FISA compliance obligations to include “business landlords, shared workspaces, or even hotels where guests connect to the Internet.”
In other words, the FISA expansion could affect your next visit to Comfort Inn — and you thought Wi-Fi service was already bad! Former Justice Department lawyer Elizabeth Goitein warns, “Hotels, libraries, coffee shops, and other places that offer wifi to their customers could be forced to serve as surrogate spies. They could be required to configure their systems to ensure that they can provide the government access to entire streams of communications.” The bill could also cover any repairman who works on such equipment. That bill should be titled, Biden Big Brother Better Act.
Will Congress show more gumption when the short-term FISA reauthorization expires in April? When FISA was up for renewal in 2012, I tweeted, “Only a fool would expect members of Congress to give a damn about his rights and liberties.” Unless Congress puts me to shame, FISA should be renamed the “‘Trust Me, Chumps!’ Surveillance Act.”
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