{"id":5581,"date":"2013-06-06T13:49:27","date_gmt":"2013-06-06T17:49:27","guid":{"rendered":"http:\/\/jimbovard.com\/blog\/?p=5581"},"modified":"2013-06-06T13:49:27","modified_gmt":"2013-06-06T17:49:27","slug":"latest-wiretap-scandal-part-of-long-pattern","status":"publish","type":"post","link":"https:\/\/jimbovard.com\/blog\/2013\/06\/06\/latest-wiretap-scandal-part-of-long-pattern\/","title":{"rendered":"Latest Wiretap Scandal Part of Long Pattern"},"content":{"rendered":"

\"warrantless-wiretapping_02\"<\/a><\/p>\n

So Verizon has been ordered to deliver to the feds the calling records of all its customers. \u00a0 Appalling but not surprising.<\/p>\n

Here’s a 2006 piece I wrote on the burgeoning wiretapping scandals for American Conservative<\/a>. \u00a0Here’s a few highlights:<\/p>\n

* The latest revelations are simply one in a series of revelations of the feds ignoring both the statute book and the Constitution<\/p>\n

*\u00a0How many laws must be violated before citizens recognize that the government is fundamentally lawless<\/strong>?<\/p>\n

*\u00a0Most Americans seem incapable of recognizing the danger of permitting politicians and government agents to compile dossiers on their personal lives<\/strong>.<\/p>\n

Reach Out and Tap Someone<\/h1>\n
\n
By\u00a0JAMES BOVARD<\/a>\u00a0\u2022\u00a0June 19, 2006<\/a><\/div>\n
<\/div>\n
The National Security Agency has been tracking the calls of millions of Americans and constructing the \u201clargest database ever assembled in the world,\u201d USA Today revealed on May 10. The nation\u2019s biggest telephone companies have apparently turned over masses of personal records to the feds, allowing Uncle Sam to build up a database of the phone numbers of incoming and outgoing calls of Americans. The revelations blew to smithereens the Bush administration\u2019s story that only international calls were being tapped without a warrant as part of its so-called \u201cterrorist-surveillance program.\u201d<\/div>\n
<\/div>\n
\n

Bush announced on the day the story came out, \u201cThe intelligence activities I authorized are lawful.\u201d However, this may be the result of Cheney logic\u2014that the Supreme Commander has the right to do whatever he feels necessary to protect the public. (The New York Times noted that Cheney and his top aides had been the most aggressive advocates of warrantless wiretaps and rounding up Americans\u2019 phone data.)<\/p>\n

In his weekly radio address two days later, Bush sought to quell the controversy: \u201cThis week, new claims have been made about other ways we are tracking down al-Qaeda to prevent attacks on America.\u201d Yet unless one considers every American presumptively an al-Qaeda accomplice, the domestic phone intercepts have nothing to do with tracking down al-Qaeda. Bush also declared, \u201cWe are not trolling through the personal lives of millions of innocent Americans.\u201d Unless the vast majority of Americans are guilty, there is no way to assert that the feds are not trolling through millions of innocent people\u2019s lives.<\/p>\n

The revelations buttress the claims of former AT&T employee Mark Klein, who revealed that equipment was attached to AT&T core operations that empowered the NSA to conduct \u201cvacuum-cleaner surveillance of all the data crossing the Internet.\u2019\u2019 The Electronic Freedom Foundation (EFF) sued AT&T after Klein made his charges and after the New York Times disclosed that the NSA has been conducting warrantless wiretaps on thousands of Americans. In a deposition, Klein related, \u201cIn 2003 AT&T built \u2018secret rooms\u2019 hidden deep in the bowels of its central offices in various cities, housing computer gear for a government spy operation which taps into the company\u2019s popular WorldNet service and the entire internet. These installations enable the government to look at every individual message on the internet and analyze exactly what people are doing. Documents showing the hardwire installation in San Francisco suggest that there are similar locations being installed in numerous other cities.\u201d<\/p>\n

The Electronic Communication Privacy Act of 1986 made it a crime for providers of electronics communications to \u201cknowingly divulge a record or other information pertaining to a subscriber or customer \u2026 to any government entity,\u201d and companies can face penalties of $1,000 for each customer whose privacy was violated. (Qwest was the only major phone company to refuse the government\u2019s demand for information\u2014in part because Qwest lawyers and executives recognized that disclosing the information without a court order would be illegal.)<\/p>\n

The USA Today disclosures make it even more difficult to trust any assertion on surveillance by high-ranking government officials. On Jan. 23, Gen. Michael Hayden, Bush\u2019s nominee to be CIA chief, declared that the terrorist-surveillance program \u201cis not a drift net \u2026 This is focused. It\u2019s targeted. It\u2019s very carefully done. You shouldn\u2019t worry.\u201d Attorney General Alberto Gonzales told the Senate Judiciary Committee on Feb. 6: \u201cOnly international communications are authorized for interception under this program. That is, communications between a foreign country and this country.\u201d These comments are reminiscent of Bush\u2019s false assertions during the 2004 presidential campaign that no wiretaps were being conducted without a court order.<\/p>\n

The administration\u2019s credibility is also undermined by its tactics to suppress independent evaluation or investigation of its surveillance. The White House has continuously insisted that its terrorist-surveillance program has been thoroughly reviewed by the Justice Department to determine its legality. (Prior to the Bush administration, the courts, not federal agencies, were supposed to be arbiters of the lawfulness of agencies\u2019 actions.) But on May 10, Congress was notified that the Bush administration had effectively scuttled an investigation by the Justice Department\u2019s Office of Professional Responsibility (OPR), the agency\u2019s watchdog, into \u201cwhether DOJ lawyers had behaved unethically by interpreting the law too aggressively\u2014by giving a legal green light to coercive interrogations and warrantless eavesdropping,\u201d as Newsweek reported. The Bush administration thwarted the investigation by refusing to grant security clearances to the lawyers investigating the department\u2019s actions. Attorney General Gonzales announced that the OPR investigation was unnecessary because the department had already decided the warrantless wiretaps were legal\u2014despite the objections of Deputy Attorney General James Comey and at least one Foreign Intelligence Surveillance Court judge. Gonzales explained, \u201cWe don\u2019t want to be talking so much about the program that we compromise the effectiveness.\u201d He offered no evidence that the OPR had been infiltrated by al-Qaeda.<\/p>\n

The Bush team is counting on the \u201cnational security\u201d invocation to provide a get-out-of-jail card for any abuses.<\/strong> The Justice Department sought to get a federal judge to dismiss much of the EFF lawsuit, claiming that \u201cthe lawfulness of the alleged activities cannot be determined without a full factual record, and that record cannot be made without seriously compromising U.S. national security interests.\u201d Thus, it is no longer safe to permit Americans to know what the government is up to. National security requires that the government have unlimited right to deceive the American people about how far it is intruding into their lives. EFF lawyer Kevin Bankston observed that the feds are \u201cbasically saying that no one could ever go to court to stop illegal surveillance so long as they claim it\u2019s for national security. It leaves them completely unaccountable and leaves the communications companies that are colluding with them unaccountable.\u201d<\/p>\n

It is amusing to see Republican stalwarts and media stooges pooh-pooh concerns about the feds tracking each citizen\u2019s phone calls. But how would the White House react if someone acquired and published all the records of incoming and outgoing calls to Karl Rove? Creating a database of all the phone calls made and taken by members of Congress could be helpful in future bribery and corruption scandals. Yet there is no chance in Hades that representatives and senators would ever permit other Americans to see such personal data\u2014while many congressmen sneer at citizens who don\u2019t want the feds to have such data on them.<\/p>\n

Unfortunately, most Americans seem incapable of recognizing the danger of permitting politicians and government agents to compile dossiers on their personal lives<\/strong>. According to a Washington Post-ABC News poll taken just after the USA Today revelation, \u201c63 percent of Americans said they found the NSA program to be an acceptable way to investigate terrorism, including 44 percent who strongly endorsed the effort. \u2026 66 percent said they would not be bothered if NSA collected records of personal calls they had made\u2026\u201d Americans do not understand the implicit Miranda warning on any such surveillance scheme: any information the feds stockpile can be used against people the government does not like\u2014or people the government seeks to silence or suppress. If Americans acquiesce to the feds warehousing their phone-call data, this will simply encourage the seizure of far more personal information. (The NSA indicated that the calling data is being shared with other federal agencies.)<\/p>\n

The media reaction has been short and relatively mild. This is appalling, considering that the FBI appears to be using National Security Letter subpoenas (authorized by the Patriot Act) to round up the calling data of journalists suspected of having received leaks on CIA abuses. ABC News reporter Brian Ross suggested on his blog that the feds are tracking the calls of numerous newspaper and TV reporters to determine who was receiving leaks from government officials. Perhaps some journalists are afraid to criticize the government or perhaps they fear losing access to government officials\u2014or perhaps they simply don\u2019t give a damn.<\/p>\n

The latest revelations are not the end of the story. Instead, they are simply one in a series of revelations of the feds ignoring both the statute book and the Constitution<\/strong>. Former NSA intelligence officer Russ Tice warned that people \u201care only seeing the tip of the iceberg\u201d of domestic-surveillance abuses. Seymour Hersh reports in the new issue of The New Yorker that a government consultant informed him that \u201ctens of thousands have had their calls monitored in one way or the other,\u201d including the use of computers to listen for key words in their conversations.<\/p>\n

The roundup of domestic calling records is part of a pattern of aggressive seizures of information by the Bush administration, which successfully pressured America Online and MSN to turn over the records of how millions of people had used their computer search engines. Google resisted similar federal demands, but the feds recently turned up the heat. The Justice Department claims the information is necessary to produce evidence to justify reintroducing the Child Online Protection Act, which has been struck down as unconstitutional by the Supreme Court. Technology expert John Dvorak suggests that it is plausible that the government is gathering up the search histories for purposes unrelated to child-porn crackdowns.<\/p>\n

The combination of the phone-call data and the online-search records would go a long way to creating Total Information Awareness (TIA)<\/strong>. When the Bush administration first pushed TIA as a ticket to safety in 2002, a public uproar awoke Congress and forced the administration to formally shelve efforts to track almost every area of people\u2019s lives. But the feds apparently ignored any congressional orders to cease and desist.<\/p>\n

The terrorist surveillance program is the result of a personal edict issued by the president. What other National Security Presidential Directives might Bush have issued? How many laws must be violated before citizens recognize that the government is fundamentally lawless<\/strong>?<\/p>\n

___________________________________<\/p>\n

James Bovard is the author of the recently released Attention Deficit Democracy and eight other books.<\/em><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

So Verizon has been ordered to deliver to the feds the calling records of all its customers. \u00a0 Appalling but not surprising. Here’s a 2006 piece I wrote on the burgeoning wiretapping scandals for American Conservative. \u00a0Here’s a few highlights: * The latest revelations are simply one in a series of revelations of the feds […]<\/p>\n","protected":false},"author":1,"featured_media":5583,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[22,194,45,673,137,164,27,698,38,665,30,250,4,655],"class_list":{"0":"post-5581","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"tag-attention-deficit-democracy","8":"tag-epigrams","9":"tag-freedom","11":"tag-george-w-bush","12":"tag-leviathan","13":"tag-lying","14":"tag-national-security-agency","15":"tag-obama","16":"tag-surveillance","18":"tag-verizon","19":"tag-wiretapping"},"yoast_head":"\nLatest Wiretap Scandal Part of Long Pattern - James Bovard<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/jimbovard.com\/blog\/2013\/06\/06\/latest-wiretap-scandal-part-of-long-pattern\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Latest Wiretap Scandal Part of Long Pattern - James Bovard\" \/>\n<meta property=\"og:description\" content=\"So Verizon has been ordered to deliver to the feds the calling records of all its customers. \u00a0 Appalling but not surprising. 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The Wall Street Journal called Bovard \\\"the roving inspector general of the modern state\\\" and Washington Post columnist George Will called him a \\\"one-man truth squad.\\\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \\\"Best Book on Liberty in 2003\\\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. 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Here’s a 2006 piece I wrote on the burgeoning wiretapping scandals for American Conservative. \u00a0Here’s a few highlights: * The latest revelations are simply one in a series of revelations of the feds […]","og_url":"https:\/\/jimbovard.com\/blog\/2013\/06\/06\/latest-wiretap-scandal-part-of-long-pattern\/","og_site_name":"James Bovard","article_author":"https:\/\/www.facebook.com\/jim.bovard","article_published_time":"2013-06-06T17:49:27+00:00","og_image":[{"width":904,"height":688,"url":"https:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2013\/06\/warrantless-wiretapping_02.jpg","type":"image\/jpeg"}],"author":"Jim","twitter_card":"summary_large_image","twitter_creator":"@jimbovard","twitter_misc":{"Written by":"Jim","Est. reading time":"9 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/jimbovard.com\/blog\/2013\/06\/06\/latest-wiretap-scandal-part-of-long-pattern\/#article","isPartOf":{"@id":"https:\/\/jimbovard.com\/blog\/2013\/06\/06\/latest-wiretap-scandal-part-of-long-pattern\/"},"author":{"name":"Jim","@id":"https:\/\/jimbovard.com\/blog\/#\/schema\/person\/79550830ad81c14be529a2c37469974f"},"headline":"Latest Wiretap Scandal Part of Long Pattern","datePublished":"2013-06-06T17:49:27+00:00","mainEntityOfPage":{"@id":"https:\/\/jimbovard.com\/blog\/2013\/06\/06\/latest-wiretap-scandal-part-of-long-pattern\/"},"wordCount":1772,"commentCount":0,"image":{"@id":"https:\/\/jimbovard.com\/blog\/2013\/06\/06\/latest-wiretap-scandal-part-of-long-pattern\/#primaryimage"},"thumbnailUrl":"https:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2013\/06\/warrantless-wiretapping_02.jpg","keywords":["Attention Deficit Democracy","Epigrams","Freedom","Freedom","George W. 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The Wall Street Journal called Bovard \"the roving inspector general of the modern state\" and Washington Post columnist George Will called him a \"one-man truth squad.\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \"Best Book on Liberty in 2003\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. Bovard\u2019s writings have been publicly denounced by FBI director Louis Freeh, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Postmaster General, and the chiefs of the U.S. International Trade Commission, the Drug Enforcement Administration, the Equal Employment Opportunity Commission, and the Federal Emergency Management Agency, as well as by many congressmen and other malcontents.","sameAs":["http:\/\/www.jimbovard.com","https:\/\/www.facebook.com\/jim.bovard","https:\/\/x.com\/jimbovard"],"url":"https:\/\/jimbovard.com\/blog\/author\/admin\/"}]}},"_links":{"self":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/5581","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/comments?post=5581"}],"version-history":[{"count":7,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/5581\/revisions"}],"predecessor-version":[{"id":5589,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/5581\/revisions\/5589"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media\/5583"}],"wp:attachment":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media?parent=5581"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/categories?post=5581"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/tags?post=5581"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}