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Don’t be surprised when Garland is used as an excuse to renew the Patriot Act

in Foreign Policy, Liberator Online, National Defense, News You Can Use, Personal Liberty, Property Rights by Jackson Jones Comments are off

Supporters of the NSA’s domestic spying programs say that a vast data collection effort is needed more than ever to prevent terrorist attacks in the United States, but they are unable to point to any specific example of foiled terrorist plots through these unconstitutional, privacy-violating programs.

In June 2013, Gen. Keith Alexander, then the Director of the NSA, claimed that the spying programs prevented “potential terrorist events over 50 times since 9/11.” Testifying before a Senate committee in October of the same year, Alexander backtracked after Sen. Patrick Leahy (D-Vt.) grilled him for misleading the American public.


“There is no evidence that [bulk] phone records collection helped to thwart dozens or even several terrorist plots,” said Leahy. “These weren’t all plots and they weren’t all foiled. Would you agree with that, yes or no?” he asked the NSA chief.

Alexander, realizing he had been put on the spot for peddling misinformation, simply replied, “Yes.”

Of course Alexander was more honest than his colleague, Director of National Intelligence James Clapper, who lied about the NSA domestic surveillance program in a March 2013 Senate hearing. He was accused of perjury, although the allegation went nowhere in a Congress filled with pro-surveillance members.

Two government panels – President’s Review Group on Intelligence and Communications Technologies and the Privacy and Civil Liberties Oversight Board – have since determined that NSA’s domestic spying programs have not played a role in thwarting terrorist attacks.

The attack on Sunday evening in Garland, Texas at the “Draw Muhammad” event hosted by an anti-Islam organization will undoubtedly be used as a reason to reauthorize a soon-to-expire provision, Section 215, of the USA PATRIOT Act by which the federal government claims the vast authority to spy on Americans.

But such claims should be met with a large dose of skepticism. One of the suspects involved in the attack had already come across the FBI’s radar. The United States’ top law enforcement agency began investigating him in 2006 on the suspicion that he wanted to join a terrorist group in Somalia.

The alleged attacker lied to federal authorities. He was convicted in 2010 of making false statements and sentenced to three years of probation. He was, however, able to avoid being placed on the “no-fly” list.

The alleged attackers in Garland are precisely are the needle for which the federal government claims that it needs the haystack, and intelligence and law enforcement officials failed to prevent what could have been a mass murder.

The NSA’s resources are spread too thin. Collecting the phone calls of virtually every American – the proverbial “haystack” – even if the people on the call are not suspected of any terrorist involvement, not only betrays the constitutionally protected rights defined by the Fourth Amendment, but also makes Americans less safe because intelligence agencies may not be able to connect the dots efficiently and effectively.

Rather than using the Garland attack as tool to further reauthorization of Section 215, which expires on June 1, lawmakers should seriously reexamine the approach to intelligence, requiring agencies like the NSA to focus on actual terrorism suspects as opposed to innocent Americans calling their families and friends.

Surveillance, Safety… and Rabbit Hunting

in Liberator Online by Sharon Harris Comments are off

(From the President’s Corner section in Volume 19, No. 8 of the Liberator Online. Subscribe here!)

For the past year or so liberty-loving Americans have been appalled by the revelations of Rabbit HuntingEdward Snowden and others about the secret and unconstitutional spying programs the federal government is engaged in.

Ironically, we’ve also learned that the programs have been spectacularly ineffective. As the federal Privacy and Civil Liberties Oversight Board said earlier this year:

“We have not identified a single instance involving a threat to the United States in which the telephone records program made a concrete difference in the outcome of a counterterrorism investigation. Moreover, we are aware of no instance in which the program directly contributed to the discovery of a previously unknown terrorist plot or the disruption of a terrorist attack.”

And that reminds me of a story…

Federal Rabbit Hunting

The NSA, the CIA and the FBI were fighting among themselves, each arguing that they were the best and most qualified at apprehending terrorists.

Finally the president decided to settle the argument with a simple test. He would release a rabbit into a forest, and give each agency a chance to find and capture it.

The NSA went first. They placed cameras throughout the forest. They eavesdropped on every animal, plant and mineral. NSA drones circled the forest, filming every leaf on every tree. After three months of extensive investigations the NSA concluded that there was no rabbit in the forest at all. But they warned the president that 300 other kinds of animals and insects were behaving strangely and the whole forest needed round-the-clock surveillance.

Then the CIA went in. They captured numerous innocent animals and questioned them harshly, but got no information. After two weeks with no leads they burned the forest to the ground, killing everything in it. “The rabbit had it coming,” one agent said. (Later, the NSA sent the president a classified tape showing the rabbit hopping away from the forest just before it was destroyed.)

Finally the FBI had their chance. They went into another forest chosen by the president. Just two hours later they proudly emerged — holding a ruffled, badly frightened raccoon. The raccoon shouted: “Okay! Okay! I’m a rabbit! I’m a rabbit!”

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Tired of the surveillance state? See this issue’s Intellectual Ammunition column to learn about “Reset The Net,” a worldwide effort to preserve free speech and liberty on the Internet by taking simple steps to shut off the government’s mass surveillance capabilities. You’re invited to take part.