In an article that should surprise no one who has been paying attention, the Wall Street Journal reported last week that the Obama administration rewrote the rules on government surveillance to make them even worse than they were under the Bush administration.
Top U.S. intelligence officials gathered in the White House Situation Room in March to debate a controversial proposal. Counterterrorism officials wanted to create a government dragnet, sweeping up millions of records about U.S. citizens—even people suspected of no crime…
Through Freedom of Information Act requests and interviews with officials at numerous agencies, The Wall Street Journal has reconstructed the clash over the counterterrorism program within the administration of President Barack Obama. The debate was a confrontation between some who viewed it as a matter of efficiency—how long to keep data, for instance, or where it should be stored—and others who saw it as granting authority for unprecedented government surveillance of U.S. citizens.
The rules now allow the little-known National Counterterrorism Center to examine the government files of U.S. citizens for possible criminal behavior, even if there is no reason to suspect them. That is a departure from past practice, which barred the agency from storing information about ordinary Americans unless a person was a terror suspect or related to an investigation.
Now, NCTC can copy entire government databases—flight records, casino-employee lists, the names of Americans hosting foreign-exchange students and many others. The agency has new authority to keep data about innocent U.S. citizens for up to five years, and to analyze it for suspicious patterns of behavior. Previously, both were prohibited.
The changes also allow databases of U.S. civilian information to be given to foreign governments for analysis of their own. In effect, U.S. and foreign governments would be using the information to look for clues that people might commit future crimes.
All without a warrant, of course. But don’t worry. They promise never to use their power for anything bad:
The ACLU is quite rightly unhappy about it:
Counterterrorism officials say they will be circumspect with the data. “The guidelines provide rigorous oversight to protect the information that we have, for authorized and narrow purposes,” said Alexander Joel, Civil Liberties Protection Officer for the Office of the Director of National Intelligence, the parent agency for the National Counterterrorism Center.
The program is striking in so many ways. Innocent people can be investigated and their data kept for years. It can be shared with foreign governments. All of this in service of not just terrorism investigations but also investigations of future crimes. In effect, the U.S. government is using information it gathers for its ordinary business to turn its own citizens into the subjects of terrorism investigations.
Meanwhile, all of this is supposed to be against the law. The Privacy Act of 1974 says that information collected by the federal government for one purpose is not supposed to be used for another. However, agencies are attempting to circumvent these rules by publishing boilerplate notices in the Federal Register. Sadly, that practice has become far too common…
Worse, all of this happened in secret, approved by National Security Advisor John Brennan and signed off on by Attorney General Eric Holder. No public debate or comment and suddenly, every citizen can be put under the terrorism microscope.
Ironically, all of these changes to the rules came in response to an attempted attack that had nothing to do with information collection or a U.S. citizen. The government cites the attempted 2009 Christmas bombing by Umar Farouk Abdulmutallab as the impetus for the changes. However, as the Journal story makes clear, Abdulmutallab wasn’t a U.S. citizen, and collecting information on him wasn’t a problem. Instead, his own father had identified him to the U.S. government as a potential terrorist. In short, an attack by a known foreign terror suspect was used to justify changes to rules about collecting information on U.S. citizens.
Welcome to the National Security State.