Published by CQ Press, an Imprint of SAGE Publications, Inc. www.cqresearcher.com Government

Is government spying on Americans excessive?

ow tightly the government should keep tabs on citizens has long been fiercely debated. But con - cern about surveillance intensified in June after H computer specialist revealed classified details of agency electronic snooping programs. Civil liberties advocates, lawmakers and others

Demonstrators in Berlin, Germany, protest on July 27 also have cited growing unease with other surveillance measures, against the sweeping U.S. electronic surveillance operations revealed in June by National Security including the use of unmanned “drone” aircraft and tiny video Agency computer specialist Edward Snowden (shown on placard). Many Germans were outraged at reports that the super-secret spy agency had collected data cameras. Congress, along with state and local governments, is ex - on German citizens, including emails. pected to take up a variety of bills this fall to protect privacy and increase transparency about government activities. But the Obama I THIS REPORT N administration maintains that internal safeguards — including a THE ISSUES ...... 719 S federal civil liberties oversight board created in 2004 — have pre - BACKGROUND ...... 725 I vented the federal government from becoming “Big Brother.” CHRONOLOGY ...... 727 D CURRENT SITUATION ...... 730 E CQ Researcher • Aug. 30, 2013 • www.cqresearcher.com AT ISSUE ...... 733 Volume 23, Number 30 • Pages 717-740 OUTLOOK ...... 734 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR BIBLIOGRAPHY ...... 738 EXCELLENCE N AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD THE NEXT STEP ...... 739 GOVERNMENT SURVEILLANCE

Aug. 30, 2013 THE ISSUES OUTLOOK Volume 23, Number 30

• Is government surveil - More Cameras MANAGING EDITOR: Thomas J. Billitteri 719 lance making the country 734 Surveillance is expected to [email protected] safer? become more widespread ASSISTANT MANAGING EDITORS: Lyn Garrity, • Does government surveil - and less intrusive. lyn.garrity@ sagepub.com, Kathy Koch , lance violate civil rights? [email protected] • Does surveillance under - SIDEBARS AND GRAPHICS SENIOR CONTRIBUTING EDITOR: mine Americans’ trust in Thomas J. Colin [email protected] government? FISA Court Rejects Few 720 Surveillance Requests CONTRIBUTING WRITERS: Sarah Glazer, BACKGROUND The secret panel has rejected Peter Katel , Reed Karaim, Robert Kiener, only 11 applications since 1979. Barbara Mantel, Tom Price, Jennifer Weeks ‘Unreasonable Searches’ SENIOR PROJECT EDITOR: Olu B. Davis 725 British agents had broad Government Surveillance authority to search colonists’ 721 Seen as Too Broad FACT CHECKER: Michelle Harris homes. Seventy percent believe the data are used for purposes 726 Court-Imposed Limits other than fighting terrorism. The Supreme Court began Many Major Companies limiting surveillance in the 724 Lack Privacy Protection 1960s. Apple, AT&T and Verizon do An Imprint of SAGE Publications, Inc. little to protect consumers’ VICE PRESIDENT AND EDITORIAL DIRECTOR, ‘Vacuum-Cleaner’ Spying privacy. HIGHER EDUCATION GROUP: 726 After 9/11 the National Michele Sordi Security Agency (NSA) Chronology 727 Key events since 1895. EXECUTIVE DIRECTOR, ONLINE LIBRARY AND developed close ties with REFERENCE PUBLISHING: telecommunications com - Todd Baldwin panies. Surveillance Technology 728 Goes Mainstream “We should pause to consider Copyright © 2013 CQ Press, an Imprint of SAGE Pub - PRISM Program 728 the implications.” lications, Inc. SAGE reserves all copyright and other The NSA has collected rights herein, unless pre vi ous ly spec i fied in writing. phone records of tens of U.S. Muslims Seek to End No part of this publication may be reproduced millions of Americans. 730 Police Surveillance electronically or otherwise, without prior written NYPD’s Kelly: “We will not permission. Un au tho rized re pro duc tion or trans mis- change our methods.” sion of SAGE copy right ed material is a violation of CURRENT SITUATION federal law car ry ing civil fines of up to $100,000. At Issue: Forthcoming Debate 733 Is domestic government surveil - CQ Press is a registered trademark of Congressional 730 Lawmakers want to curb lance keeping the U.S. safer? Quarterly Inc. domestic spying. CQ Researcher (ISSN 1056-2036) is printed on acid- OR URTHER ESEARCH free paper. Pub lished weekly, except: (March wk. 5) Obama Administration F F R (May wk. 4) (July wk. 1) (Aug. wks. 3, 4) (Nov. wk. 732 The president seeks greater 4) and (Dec. wks. 3, 4). Published by SAGE Publica - For More Information tions, Inc., 2455 Teller Rd., Thousand Oaks, CA 91320. oversight over the court 737 Organizations to contact. that approves surveillance. Annual full-service subscriptions start at $1,054. For pricing, call 1-800-818-7243. To purchase a CQ Re - Bibliography Court Action 738 Selected sources used. searcher report in print or electronic format (PDF), 734 visit www.cqpress.com or call 866-427-7737. Single Courts have taken different reports start at $15. Bulk purchase discounts and positions on whether police The Next Step 739 Additional articles . electronic-rights licensing are also available. Periodicals need warrants to track peo - postage paid at Thousand Oaks, California, and at ple via their cell phones. Citing CQ Researcher additional mailing offices . POST MAST ER: Send ad dress 739 Sample bibliography formats. chang es to CQ Re search er , 2300 N St., N.W., Suite 800, Wash ing ton, DC 20037.

Cover: Getty Images/Sean Gallup

718 CQ Researcher Government Surveillance BY CHUCK MCCUTCHEON

reported that the NSA’s sur - THE ISSUES veillance net work can reach about 75 percent of U.S. In - hen New York in - ternet communication . 5 vestment banker • Remote-controlled drone W Gabriel Silverstein aircraft, which increasingly are landed his private plane at deployed for domestic sur - an Oklahoma airport in May, veillance. In June, FBI Di - he was startled to be met by rector Robert Mueller said the a group of law enforcement agency has used drones in - officials. He was even more side the . Sen - taken aback when, four days ate Intelligence Committee later at an airport in Iowa, Chairman Dianne Feinstein, the same thing occurred. D-Calif., called drones “the Although the officials greatest threat to the privacy wouldn’t comment to the news of Americans.” 6 media, a pilots’ website says • Video cameras, high - they apparently relied on a lighted as a surveillance tool federal database called the Air after the Boston Marathon e e

and Marine Operations Sur - m bombings in April, have become a veillance System to suspect N ubiquitous in crime-ravaged c M that Silverstein was trafficking Detroit and other cities. n i

drugs. In both instances, he W • Cell phone global posi - / s

was let go after no drugs e tioning system (GPS) data, g were found. a which provide the locations m I

“I find it hard to believe y of cell users. t t that two inspections in four e • National security letters, G days was completely coinci - Gen. Keith Alexander, director of the National Security which allow the FBI to com - dental,” he said. 1 Agency (NSA), tells the House Intelligence Committee pel banks, telephone compa - To commentators across on June 18 that NSA spying prevents terror attacks on nies, Internet service providers the political spectrum, such U.S. soil. He said the surveillance programs disclosed and others to disclose customer by NSA computer specialist Edward Snowden have incidents are prime examples prevented 54 terrorism plots against the United States records. of what they say the United and its allies. Many congressional leaders support • Undercover officers, who States has become — an in - Alexander’s assertions, but critics remain skeptical, saying have monitored church groups, trusive surveillance state that too many details of the NSA’s operations are secret. anti-war organizations, environ - they compare to Big Brother mental activists and others. in George Orwell’s ominous novel 1984. are unprecedented in human history,” • Facial-recognition programs, How tightly the U.S. government said Neil Richards, a law professor at which are part of a new generation should keep tabs on its citizens has Washington University in St. Louis. “This of biometric tools that have been long been fiercely debated. 2 But the fact alone should give us pause.” 3 widely deployed to find criminals and controversy has grown more pro - Among the types of surveillance and potential terrorists. 7 nounced as technology has become an technologies being used: • “Stingrays,” devices that essen - integral part of Americans’ everyday • Supercomputers that amass and tially simulate cell phone towers and lives, as well as an essential tool for analyze massive amounts of what has enable law enforcement officials to law enforcement and national security become known as “big data” — phone collect serial numbers of individual cell officials. And Edward Snowden’s recent calls, tweets, and social media posts — phones and then track their users. disclosures of National Security Agency to spot potential terrorist activity. The • Fusion centers, a network of (NSA) data-collection programs have NSA said it touches about 1.6 percent more than 70 state and local govern - furiously stoked the controversy. of all Internet traffic in a day but an - ment offices serving as clearinghouses “The scope and variety of the types alyzes just a tiny fraction of it. 4 But for the receipt, analysis, gathering and of surveillance that are possible today The Wall Street Journal subsequently sharing of threat-related informa tion.

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dialed from and to, plus the date and FISA Court Rejects Few Surveillance Requests duration of the calls. The Foreign Intelligence Surveillance Act (FISA) court has rejected The Guardian later published infor - only 11 of nearly 34,000 Justice Department applications since 1979 mation from Snowden on an NSA pro - gram called XKeyscore that the news - requesting permission for government agencies to conduct electronic paper contended could collect “nearly surveillance. The requests soared after passage of the USA everything a typical user does on the in October 2001. Enacted in response to the 9/11 terrorist attacks, Internet.” 10 However, some experts say the law significantly relaxed restrictions on intelligence gathering the program’s function is to organize rather inside the United States. than independently collect data . 11 Snowden said he went public out FISA Applications, Approvals and (Number) of concern that the programs are a 2,500 Rejections, 1979-2012 dangerous form of surveillance. His No. of Applications 2,000 flight from justice as he sought asy - Approved lum overseas became a worldwide story 1,500 Rejected for weeks while the nation debated whether he was a patriot or a traitor. 1,000 To civil liberties advocates, the reve - lations justified their deepest fears about 500 government spying on citizens. In a sign of the political impact of the dis - 0 1979 1985 1990 1995 2000 2005 2010 2012 closures, the House in July came with - in 12 votes of passing — over the Source: “Foreign Intelligence Surveillance Act Court Orders 1979-2012,” Electronic Privacy Information Center, http://epic.org/privacy/wiretap/stats/fisa_stats.html White House’s vehement objections — a bipartisan proposal to drastically cur - Congress and independent national nence after the disclosure that the Jus - tail funding for the NSA surveillance security groups have questioned their tice Department secretly obtained the programs. 12 effectiveness. phone records of reporters and edi - “It’s my fear that we are on the verge U.S. surveillance laws are based on tors at The Associated Press as well of becoming a surveillance state,” said the Constitution’s Fourth Amendment, as after the Boston Marathon bomb - Rep. John Conyers of Michigan, the which prohibits unreasonable search - ings, in which the suspects — broth - House Judiciary Committee’s ranking es and seizures by government agents ers Tamerlan and Dzokhar Tsarnaev Democrat and a chief cosponsor of the and requires that search warrants be — were identified on video camera proposal. 13 sanctioned by a judge and supported footage from nearby businesses. 9 In particular, Conyers and others by a suspicion that a crime may have No one, however, has done more registered extremely strong objections been committed. While numerous to plant the issue in the public’s con - to the Foreign Intelligence Surveillance laws serve as a check on government’s sciousness than Snowden. The former (FISA) Court, a panel of judges that meets spying power, many experts say tech - NSA contractor touched off one of the in secret and that the lawmakers and nology is progressing faster than the decade’s biggest national-security con - other critics say is a rubber stamp for law can keep up. troversies in June when he exposed the government’s spying requests. Chief Justice has said classified details of the spy agency’s Even the FISA court has objected the biggest constitutional challenge fac - electronic eavesdropping. to the NSA’s surveillance practices. De - ing the Supreme Court over the next In leaks to and classified documents released in Au - 50 years “is the fundamental principle The Guardian newspaper in Britain, gust showed the agency collected as underlying what constitutional protec - Snowden revealed that the NSA is many as 56,000 emails and other com - tion is and apply it to new issues and amassing data on people across the munications from Americans for three new technology.” 8 globe, including email, Facebook posts years, despite limits in the Foreign In - Since the Sept. 11, 2001, terrorist at - and instant messages, through a pro - telligence Surveillance Act against such tacks, the surveillance issue often has gram called PRISM. A separate program practices. After the court issued a secret sprung to the forefront in the aftermath collects in bulk the phone records of ruling in 2011 that such methods were of significant privacy- or terrorism-related customers of U.S. phone service unconstitutional, the NSA changed its incidents. In 2013, it achieved promi - providers — specifically the numbers collection patterns. 14

720 CQ Researcher President Obama, along with many in Congress, said Americans have Government Surveillance Seen as Too Broad nothing to fear from the NSA or other More than half of Americans say federal courts do not adequately eavesdropping efforts, which escalated limit the telephone and Internet data collected by the government’s after 9/11. ( See graph, p. 720. ) At the anti-terrorism surveillance program. Seventy percent believe the same time, Obama said the disclosures data also are used for nonterrorism-related purposes. should precipitate a public debate on privacy. He said companies are amass - Perceptions of the Government’s Data-Collection Program, July 2013 ing mountains of personal data on con - sumers and conducting surveillance by Do courts provide adequate Is the government other means, such as through the use limits on what is collected? collecting . . . of drones, but such activities by pri - ing Yes t is be n’t o wha alls vate entities are not governed by No Do nly Als one c ow O in ph Fourth Amendment safeguards. kn adata said mails 30% met and e “What I want to do is to set up ’t 56% Don 8% ow and structure a national conversation, 15% 1 kn not only about these two [NSA] pro - 63% grams, but also the general problem 8% t 1 nmen of data . . . because this is not going gover s the UR to be restricted to government enti - Ha to YO ened 15 list ead ties,” Obama said. Is the government ls or r cal ls? emai The public has mixed feelings using this data . . . YOUR about government surveillance on its ly for On other error o for own citizens. ( See graph, at right. ) The nti-t Als s a oses Ye on’t urp o D p t N know differences in opinion appear to be Don’ 27% over whether surveillance is conduct - 22% now 28% k 8% ed by law enforcement officials, who 70% polls show retain a high degree of 7% trust, or the rest of government, which does not. As lawmakers, civil liberties advo - * Totals may not add to 100 because of rounding cates, law-enforcement officials and Source: “Few See Adequate Limits on NSA Surveillance Program,” Pew Research anti-terrorism agencies weigh the lim - Center for the People & the Press, July 26, 2013, www.people-press.org/2013/07/26/ its of domestic government surveil - few-see-adequate-limits-on-nsa-surveillance-program/ lance, here are some of the questions under discussion: plots against the United States and its jackers, was in San Diego prior to allies. Documents leaked by Snowden Sept. 11 and communicating with an Is government surveillance making showed that the XKeyscore program al Qaeda safe house in Yemen, he said. the country safer? alone had helped to capture 300 ter - “We weren’t able to connect those Supporters of increased government rorists by 2008. 16 dots” before Sept. 11, Alexander said. surveillance say it has made the Unit - Alexander cited the cases of Na - “So these programs are helping us ed States markedly safer from terrorists. jibullah Zazi, an Afghan-American who connect the dots.” 17 Civil liberties groups and other critics pleaded guilty to planning an attack on Many congressional leaders back up question that assertion and say the re - New York City’s subway system, and a Alexander’s assertions. Eliminating the sulting erosion of personal privacy out - previously undisclosed plot to blow up programs “would place this nation in weighs any improvements in safety. the New York Stock Exchange. If the jeopardy,” said Senate Intelligence Com - The debate has become especially NSA programs had been in place be - mittee Chairman Feinstein . 18 House prominent in the aftermath of Snow - fore the Sept. 11, 2001, attacks in New Speaker John Boehner, R-, said den’s disclosures about the NSA’s data- York and at , Alexander the Snowden disclosures “put Ameri - collection programs. Gen. Keith Alexan - said, they could have been prevented. cans at risk.” 19 der, the NSA’s director, said the NSA surveillance would have revealed Since the revelations about the NSA’s programs helped to foil 54 terrorism that Khalid al-Midar, one of the 19 hi - activities, intelligence officials say terror -

www.cqresearcher.com Aug. 30, 2013 721 GOVERNMENT SURVEILLANCE

ists are being judicious about using the from 42 days to two days the average Does government surveillance video teleconferencing software Skype time it takes to locate a fugitive, said violate civil rights? and have advised followers to take other Susan Landau, a fellow at Harvard’s Rad - Recent revelations about the extent precautions. House Intelligence Com - cliffe Institute for Advanced Study. 24 of the NSA’s data-collection activities mittee Chairman Mike Rogers, R-Mich., Video surveillance cameras also have have thrust the question of civil lib - cited “changes we can already see are been widely regarded as effective in erties before many Americans who being made by the folks who wish to keeping people safe. Between 2007 might have previously regarded it as do us . . . and our allies harm.” 20 and 2010, the Urban Institute’s Justice an abstract concept. But critics are deeply skeptical. “I Policy Center studied public surveil - Americans have accepted new tech - don’t think collecting millions and mil - lance systems in Baltimore, Chicago nology that enables companies to learn lions of Americans’ phone calls . . . is and Washington, D.C. They deter - about them — through Internet “cook - making us any safer,” said Sen. Mark mined that the systems in Baltimore ies,” tracking software on social-media Udall, D-Colo., who, along with fellow and Chicago produced more than sites such as Facebook and credit-card Senate Intelligence Committee member enough benefits to justify the cost. No data revealing spending patterns. But Ron Wyden, D-Ore., raised alarms about cost-benefit analysis was conducted in they have been far less sanguine about the spying community’s surveillance Washington because the cameras did - government efforts in that area. powers at least a year before the NSA n’t show a statistically significant effect Responding to the NSA revelations, revelations. 21 And Senate Judiciary Com - on crime there . 25 Obama declared, “Nobody is listening mittee Chairman Patrick Leahy, D-Vt., Critics of video surveillance, how - to your telephone calls.” 29 He and the phone-tracking program disclosed ever, point to a different study show - other officials stress that NSA surveil - by Snowden and authorized under the ing that for every 1,000 surveillance lance has been focused on “metadata” USA Patriot Act did not thwart “even cameras in London in 2008, only one — large amounts of phone-number-to- several” terror plots. 22 crime was solved. 26 London has more phone-number records — and that in In the Zazi case, journalists and cameras per capita than any other city, 2012 the records of fewer than 300 bloggers have questioned whether the with thousands in use in the city and people were actually examined . 30 NSA programs were crucial to his ap - surrounding boroughs. 27 Surveillance A May 2012 internal audit later prehension. They cite British and U.S. critics also say that despite the use - leaked by Snowden said the NSA vi - documents from 2010 and 2011 sug - fulness of private cameras at stores olated privacy rules 2,776 times in a gesting that old-fashioned police work and other businesses in identifying the one-year period. However, it said, the deserved the credit instead. Boston Marathon bombing suspects, violations largely were inadvertent Critics say it is impossible to gauge laws are needed to ensure that gov - and stemmed from operator and sys - safety because so many details of the ernment officials don’t abuse civil rights tem errors. 31 programs remain classified. when using such devices. Obama emphasized that safeguards The NSA programs “demonstrate an - “We want to make sure that once exist to prevent abuses, such as re - other problem with U.S. counterter - that footage comes into law enforce - quiring approvals from judges and rorism policy: excessive secrecy that ment’s hands that they continue to scrutiny from congressional intelligence undermines accountability,” says Sharon apply the same rules and regulations committees. He noted that the NSA Bradford Franklin, outgoing senior as if it were filmed on a government collection program is authorized under counsel to the Constitution Project, a camera,” Franklin says. Private cam - the 2001 Patriot Act — enacted in the privacy-rights watchdog group, and in - eras have much more legal leeway in aftermath of 9/11 to beef up the gov - coming executive director of the Pri - what they can film when they are lo - ernment’s authority to fight terrorism vacy and Civil Liberties Oversight Board, cated on commercial as opposed to — as well as the 1978 Foreign Intel - a newly active, independent agency public property, she says. ligence Surveillance Act (FISA), reau - within the executive branch. 23 (See Surveillance drones also have been thorized by Congress in late 2012. “At Issue,” p. 733. ) Her views reflect her viewed as useful for local law en - But in the face of mounting con - position with the Constitution Project. forcement agencies. In North Dakota, gressional criticism, Obama later an - As for other types of surveillance, a U.S. Customs and Border Protection nounced several changes to the pro - newer tools apparently are having a drone was used in a tense standoff grams, including a privacy advocate to positive effect on public safety. between police and cattle thieves. Sher - provide greater oversight over the FISA Perhaps most significantly, the use of iff Kelly Janke told NBC News the court. He also said he would estab - GPS information from cellphones has drone helped police time their raid for lish a group of independent experts enabled the U.S. Marshals Service to cut the safest moment. 28 to evaluate spy agency surveillance.

722 CQ Researcher “It’s not enough for me, as presi - on spy agency requests for permission tion about someone’s medical history, dent, to have confidence in these pro - to conduct surveillance. In 2012, the “you can see a call to a gynecologist, grams; the American people need to court approved all of the 1,855 appli - and then a call to an oncologist, and have confidence in them as well,” cations it received and modified 40. In then a call to close family members,” Obama said. 32 its 34-year history, it has rejected only said Harvard researcher Landau. 39 Deputy Attorney General James Cole 11 of the roughly 34,000 applications On other surveillance-related issues, noted that the FISA court approves it has received. 35 (See graph, p. 720. ) a central question regarding civil lib - only requests that meet the standard The Supreme Court’s chief justice ap - erties centers on whether the govern - of a “reasonable, articulable suspicion” points FISA court members from through - ment needs a warrant or a subpoena of potential terrorist activity. “Unless out the federal bench. Chief Justice to gather information. Warrants require you get that step made, you cannot Roberts appointed all 11 of its current judicial approval, while subpoenas do enter that database and make a query members, 10 of whom are judges named not. Numerous situations exist in which of any of this data,” he said. 33 to the bench by Republican presidents. only subpoenas are needed — for Timothy Edgar, a former American Critics say the FISA court’s conservative phone records, emails, text messages, Civil Liberties Union (ACLU) attorney nature has made it overly sympathetic digitally stored documents and social- who later worked for the director of to government requests. media posts, for example. National Intelligence as its first deputy The court did stand up to the NSA On that point, a debate has arisen for civil liberties, says he was surprised in 2011, when it ruled the agency had over the use of “stingrays,” which are — and that Americans would be as well collected thousands of Americans’ emails devices that mimic cell phone towers — by how cautious spy agencies are in what appeared to be an unconsti - and enable police to collect the serial about using their surveillance powers. tutional fashion. John D. Bates, then the numbers of phones to locate suspects. When he was at the ACLU, “I thought court’s chief judge, wrote at the time: The Justice Department generally has that the government would take what - “The [FISA] court is troubled that the maintained that warrants are not need - ever power you had given them and government’s revelations regarding NSA’s ed for their use because they are not always interpret it in the broadest pos - acquisition of Internet transactions mark intercepting actual conversations. Some sible way,” says Edgar, who now teach - the third instance in less than three judges, however, have insisted that war - es national security and technology law years in which the government has dis - rants must be obtained. at Brown University. But he said he closed a substantial misrepresentation The issue of warrants versus sub - came to view government officials as regarding the scope of a major collec - poenas is important, civil libertarians “conscientious” and realized they did tion program.” 36 say, because new technologies demand not habitually interpret their powers Just as troubling to some observers as much advance scrutiny as possible as broadly as civil liberties groups fear. is the FISA court’s willingness to ex - before they become commonplace. These kinds of assurances have not pand the NSA’s powers. The New York Washington University’s Richards placated civil liberties advocates. “The Times reported that the court regularly cited the forthcoming ability to pair recently disclosed surveillance programs assesses broad constitutional questions surveillance cameras with facial-recog - aren’t just unwise; they’re unconstitu - and, in a series of classified rulings that nition technology linked to state dri - tional as well,” said ACLU attorney the newspaper obtained, had established vers’ license databases. Jameel Jaffer. 34 important judicial precedents with al - “When this technology matures, it’ll Jaffer said the data obtained by the most no public scrutiny . 37 give the police the power to monitor NSA fell into the same category as that Retired FISA judge James Robert - all of our movements in public linked in U.S. v. Jones , in which the U.S. Supreme son lamented that the court has be - to our real identities, not just to our Court ruled in 2012 that secretly at - come “something like an administra - anonymous faces,” he said. “Such a taching a GPS tracking device to a ve - tive agency, which makes and approves system would conceivably give the hicle and then using the device to mon - rules for others to follow. . . . That’s government increased power over us itor the vehicle’s movements constitutes not the bailiwick of judges.” 38 — power that could be used not just an illegal search under the Fourth Civil libertarians also say the NSA’s to monitor, but in some cases, po - Amendment. The ACLU is among the collection of “metadata” isn’t as innocuous tentially, to blackmail, persuade or dis - privacy groups that have sued to stop as Obama and others portray it. By criminate.” 40 the NSA programs. studying whom a person calls and Congress occasionally has unearthed Jaffer and others say the Foreign when they call, intelligence agencies civil rights abuses connected with new Intelligence Surveillance Court has need not rely on the content of the domestic surveillance technologies. A been far too willing to readily sign off calls. For example, to obtain informa - Senate panel in 2012 found abuses at

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A account with the handle Many Major Companies Lack Privacy Protection @_nothingtohide collected assertions Some of the nation’s biggest communications companies — including from people sharing that viewpoint. “The NSA is not spying on you,” wrote one Apple, AT&T, Verizon and Yahoo — do little to protect consumers’ contributor. “There’s too many of us. information from government surveillance or notify users when Unless you set off red flags they don’t officials request their data. Twitter and Internet service provider care about you. You are not special.” 42 Sonic.net have the toughest protections. One of the most prominent people to stick up for the government is tele - Company Policies on Protecting Privacy vision producer David Simon, creator Requires Tells users Publish- Publish- Fights for Fights for of the HBO crime drama “The Wire.” a warrant about gov- es trans- es law en- users’ users’ In a widely publicized essay on his for con- ernment parency forcement privacy privacy blog, he said that in the absence of tent data reports guide- rights in rights in proof of actual abuses, the NSA reve - requests lines courts Congress lations didn’t bother him. Amazon “The question is not should the re - Apple sulting data exist. It does. . . . The AT&T question is more fundamental: Is gov - Comcast ernment accessing the data for the le - Dropbox gitimate public-safety needs of the so - ciety, or are they accessing it in ways Facebook that abuse individual liberties and vi - Foursquare olate personal privacy — and in a Google manner that is unsupervised?” Simon LinkedIn wrote. “And to that, The Guardian and Microsoft those who are wailing jeremiads about Myspace this pretend discovery of U.S big data Sonic.net collection are noticeably silent.” 43 Spideroak Another high-profile advocate of Twitter tight surveillance has been New York Verizon Times columnist Thomas Friedman, WordPress who said the prospect of a second Yahoo! Sept. 11 is far more troubling than whether government officials might Source: “Who Has Your Back?” Electronic Frontier Foundation, 2013, https://www. have illegally accessed private data. eff.org/who-has-your-back-2013 “What I cherish most about Ameri - ca is our open society, and I believe the fusion centers that gather infor - Does surveillance undermine that if there is one more 9/11 — or mation on terrorist threats. The cen - Americans’ trust in government? worse, an attack involving nuclear ma - ters are financed by the Department The ongoing surveillance controversy terial — it could lead to the end of of Homeland Security and operated has rekindled a perennial debate the open society as we know it,” Fried - with state and local law enforcement about how much Americans should man wrote. “If there were another agencies. trust government. The revelations about 9/11, I fear that 99 percent of Amer - The Senate Governmental Affairs NSA activity came at a time when polls icans could tell their members of Con - Committee’s Permanent Investigations show that confidence in government gress: ‘Do whatever you need to do, Subcommittee found that the centers is at historic lows. privacy be damned, just make sure “forwarded intelligence of uneven qual - Supporters of the NSA’s efforts, how - this does not happen again.’ That is ity — oftentimes shoddy, rarely time - ever, accept the Obama administration’s what I fear most.” 44 ly, sometimes endangering citizens’ civil contention that the agency isn’t spying Even the Patriot Act, which generat - liberties.” 41 Department officials have on ordinary Americans. They say strin - ed considerable controversy for granting taken steps to improve training and gent surveillance shouldn’t bother any - officials new powers to gather informa - oversight at the centers. one who isn’t a terrorist or lawbreaker. tion in terrorism-related investigations,

724 CQ Researcher has enjoyed public-approval ratings as ficials might view as suspicious,” he right of the people to be secure in high as 69 percent. (Support for the mea - said. “A key component of freedom is their persons, houses, papers, and ef - sure has fluctuated over the years, de - not having to worry about how to ex - fects, against unreasonable searches pending on how opinion poll questions plain oneself all the time.” 48 and seizures, shall not be violated, and have been worded.) 45 Other forms of surveillance have no Warrants shall issue, but upon But the NSA controversy may be provoked less controversy. Law en - probable cause, supported by Oath or taking a toll in that area. A Washing - forcement officials, for instance, enjoy affirmation, and particularly describing ton Post /ABC News poll in late July higher levels of public confidence than the place to be searched, and the per - found that 57 percent believed it was federal intelligence agencies do when sons or things to be seized.” 50 more important to investigate terrorist they deploy surveillance tools. Advances in technology, however, threats than to ignore them in order A /Allstate poll in made less clear the definition of pro - to respect personal privacy. That fig - June found that law enforcement orga - tection against “unreasonable search - ure was the lowest since the Post start - nizations received a 71 percent approval es.” By the mid-19th century, for ex - ed asking the question in 2002, when rating for trustworthiness regarding the ample, states were divided on whether 79 percent of people accepted priva - use of citizens’ personal information. In the contents of a telegram should be cy intrusions in the name of safety. 46 contrast, the category of “government” disclosed to anyone other than the re - Civil liberties advocates say the be - drew just 48 percent approval. 49 cipient. Meanwhile, the military seized lief that Americans have nothing to Security experts says it will be in - on the telegraph as a surveillance tool; fear from strict surveillance is danger - teresting to see if that level of support during the Civil War, Confederate Gen. ous. To them, any government that is sustained as more and more police Jeb Stuart traveled in the field with can’t prevent a rogue contractor such departments acquire surveillance equip - his own wiretap specialist. 51 as Snowden from keeping important ment, such as drones, now being used When the telephone became pop - data secure shouldn’t be trusted with mainly in the military and spy worlds. ular in the late 1880s, there was little the data in the first place. “The technology is getting so small expectation of privacy because groups The I’ve-got-nothing-to-hide mindset and it’s becoming so easy for the non- of families generally shared a “party is “probably right — as long as they’re specialist to deploy it,” says John Davis, line” on which calls were placed with only using that vast, rich database to an engineer who works on surveillance an operator’s help. The telephone’s semi- look for specific terror or sus - issues for the RAND Corp., a national public nature led law enforcement pects,” said Julian Sanchez, a research security research center. officials to begin using it to monitor fellow at the Cato Institute, a libertarian citizens. An 1892 New York state law think tank in Washington. made wiretapping a felony, but New Sanchez maintains that targeting York City police didn’t believe the law Americans isn’t merely theoretical. He BACKGROUND applied to them. 52 invokes longtime FBI Director J. Edgar Wiretapping came into vogue dur - Hoover’s well-documented domestic ing World War I as a means of keep - spying efforts in prior decades. ing watch on immigrants suspected of “It’s slow and subtle, but surveil - ‘Unreasonable Searches’ spying for their home countries. It also lance societies inexorably train us for was used during Prohibition against helplessness, anxiety and compliance,” he Fourth Amendment grew out bootleggers, prompting one of the he said. “Maybe they’ll never look at T of American colonists’ deep frus - era’s most famous Supreme Court cases. your call logs, read your emails or lis - tration with England. T he British had In Olmstead v. United States (1928), ten in on your intimate conversations. given government agents broad au - the court ruled 5-4 that when police You’ll just live with the knowledge that thority to search homes and business - tapped a suspected bootlegger’s they always could — and if you had es wherever they suspected evidence phone it was not an “unreasonable anything worth hiding, there would be of criminal activity or political dissent. search” under the Constitution. 53 nowhere left to hide it.” 47 The Founders believed that freedom The dissenters included Justice Louis George Washington University law from government intrusion into peo - D. Brandeis, who noted in what has professor Daniel Solove makes a sim - ples’ homes was a natural right grant - become a widely quoted opinion that ilar argument. “Even if a person is ed by God and an essential compo - newer technologies were likely to be - doing nothing wrong, in a free soci - nent of liberty. come available and that the Fourth ety, that person shouldn’t have to jus - The amendment, ratified in 1791, Amendment guards against “every un - tify every action that government of - bans general search warrants: “The justifiable intrusion by the Government

www.cqresearcher.com Aug. 30, 2013 725 GOVERNMENT SURVEILLANCE

ing in secret, to issue warrants for do - mestic wiretapping. Eight years later, it passed the Electronic Communications Privacy Act (ECPA), which bars war - t t

e rantless government wiretaps of elec - k n

u tronic communications. But in 1994, it l P passed the Communications Assistance e n

n for Law Enforcement Act, which re - a z

u quires telecommunications providers to S /

g build networks in ways that enable r e

b government surveillance. m

o Within two months of the 9/11 at - o l

B tacks, Congress swiftly passed the USA / s

e Patriot Act, giving agencies new au - g a thority to fight terrorists. One especial - m I

y

t ly controversial provision, Section 215, t e

G allowed the FBI to ask the FISA court A surveillance camera monitors traffic near the Palace of Westminster clock — to permit the inspection of books, busi - known as Big Ben — in London. Thousands of cameras are deployed in Greater ness documents, tax records, library London, more per capita than any other city. An Urban Institute study of cameras check-out lists or “any tangible thing” in Baltimore and Chicago said their benefits more than justified their cost. But critics say that despite the usefulness of private cameras at stores and other as part of a foreign intelligence or in - businesses, laws are needed to ensure that they don’t trample civil rights. ternational terrorism investigation. Despite the uproar among civil- upon the privacy of the individual, liberties activists, the act was renewed whatever the means employed.” 54 Court-Imposed Limits five years later with broad bipartisan Hoover, the longtime FBI director, backing — including the support of was admired in his day for catching he Supreme Court began impos - then-Sen. Barack Obama of Illinois. criminals. But today he is perhaps best T ing limits on surveillance. In 1967, The new version included new pro - remembered for his national counter - in Katz v. United States , it overturned tections for records under Section 215. intelligence program (COINTELPRO), the earlier Olmstead ruling. 57 Five years which he used during the 1950s and later, it unanimously upheld an appel - ’6 0s to investigate the Communist Party late ruling that the government — in ‘Vacuum-Cleaner’ Spying and numerous dissident groups, in - response to the bombing of CIA offices cluding anti-Vietnam War demonstra - in Michigan by anti-Vietnam War ac - he Patriot Act led increasing num - tors. With the reluctant support of At - tivists — could not conduct warrantless T bers of news media outlets, politi - torney General Robert F. Kennedy, the wiretapping. 58 cians and the public to pay greater at - FBI aggressively monitored civil rights Congress began taking a tougher tention to surveillance. Among the leader Dr. Martin Luther King Jr., bug - line. The Select Committee to Study developments that drew attention was ging his hotel rooms and tapping his Governmental Operations With Respect AT&T technician ’s discov - calls — though Hoover also had agents to Intelligence Activities — known as ery of what he suspected was newly secretly tail King on a trip through the the after its chairman, installed NSA equipment at a compa - South for his protection after learning Sen. , D-Idaho — in 1975 ny facility in San Francisco. Klein later he was a target of assassins. 55 and 1976 uncovered a litany of do - filed suit in 2006 against the compa - Immediately after World War II, the mestic surveillance abuses dating back ny, alleging that the equipment en - Pentagon began “Project Shamrock.” The decades. Among its disclosures: The abled “vacuum-cleaner surveillance of Armed Forces Security Agency (AFSA) FBI and CIA opened hundreds of all the data crossing the Internet, and its successor, the NSA, were given thousands of pieces of mail between whether that be peoples’ e-mail, web direct access to daily microfilm copies the 1950s and 1973. surfing or any other data.” 59 of all incoming and outgoing telegraphs In reaction to the Church committee The NSA adamantly denied doing via Western Union and its associates. reports, Congress passed the Foreign In - domestic spying, but it developed close At its height, the project analyzed 150,000 telligence Surveillance Act of 1978 (FISA), relationships with telecommunications 56 messages per month . which established a special court, meet - Continued on p. 728

726 CQ Researcher Chronology

have claimed national security reasons wiretap Americans’ phone calls 1890s-1960s for spying on political enemies. The without warrants. Phone wiretapping raises priva - finding leads to the creation of cy concerns. House and Senate intelligence com - 2007 mittees to monitor spy agencies. Protect America Act removes warrant 1895 requirement for government surveil - New York City Police Department 1978 lance of foreign intelligence targets begins wiretapping to seek criminal Foreign Intelligence Surveillance Act “reasonably believed” to be outside evidence. creates special FISA court to secretly United States. . . . NSA starts PRISM assess government requests for na - data collection program. 1928 tional security wiretaps. Supreme Court declares in Olmstead 2008 v. United States that warrantless 1986 FISA Amendments Act bolsters police wiretaps don’t violate Con - Electronic Communications Privacy government’s intelligence-gathering stitution’s ban on “unreasonable Act expands warrantless government powers while limiting FISA court’s searches and seizures.” wiretaps of telephones to electronic authority; American Civil Liberties communications by computer. Union unsuccessfully challenges 1945 the act in court. Military begins Project Shamrock, 1994 which for three decades intercepts Communications Assistance for Law 2010 telegrams to and from U.S. Enforcement Act requires telecommu - Sixth U.S. Circuit Court of Appeals nications providers to build networks holds in United States v. Warshak that 1956 in ways that make surveillance and Fourth Amendment protects user FBI launches COINTELPRO coun - the interception of electronic com - communications stored with an Inter - terintelligence program to monitor munications possible. net provider and law enforcement Communist Party and other dissi - generally must get a warrant to ac - dent groups. • cess content of those communications.

1967 2011 Supreme Court overturns Olmstead , 2000s Terrorism fears Parts of Patriot Act renewed again. ruling warrants are required before and burgeoning electronic tech - . . . Associated Press details New police can wiretap. nology increase government York Police Department’s surveil - surveillance initiatives. lance of Muslims. • 2001 2012 Terrorists attack U.S. on Sept. 11, Congress reauthorizes FISA program. 1970s-1990s shifting attention from privacy pro - . . . National Security Agency (NSA) Government surveillance draws tection to national security. . . . begins building $2 billion data stor - scrutiny. USA Patriot Act passed Oct. 25, age center in Utah. . . . Democratic giving government sweeping new Sens. Ron Wyden and Mark Udall 1972 surveillance powers. warn of Patriot Act overreaches. Supreme Court requires warrants for wiretapping in national security cases. 2005 2013 Real ID Act requires nationally Surveillance cameras help catch 1974 standardized driver’s licenses to be Boston Marathon bombing suspects. Privacy Act requires federal agencies electronically linked to personal data . . . Privacy and Civil Liberties Over - to safeguard individuals’ privacy and accessible to all states. . . . sight Board discusses protecting Amer - when collecting personal information. Congress reauthorizes Patriot Act, icans’ privacy against abuses from gov - but with new surveillance limits. ernment programs. . . . NSA contractor 1976 Edward Snowden reveals secret Congressional Church committee 2006 agency phone and Internet surveil - concludes that from World War I AT&T and other companies accused lance programs, sparking controversy through the 1970s U.S. presidents of helping Bush administration and calls for new privacy protections.

www.cqresearcher.com Aug. 30, 2013 727 GOVERNMENT SURVEILLANCE

Surveillance Technology Goes Mainstream “We should pause to consider the implications.” urveillance gadgets once considered the province of James can unearth secrets — that’s a long-standing thing,” says Peter Bond or CIA operatives have made snooping an everyday Earnest, a veteran CIA spy who now is executive director of S consumer activity. the International Spy Museum in Washington, D.C. “It’s one of Online stores and specialty spy shops are selling a wide range the reasons why the museum is so popular.” of high-tech products once available only to intelligence and law Google Glass is the latest technology to prompt debates over enforcement officials. They include cameras disguised as coat hooks, consumer access to surveillance gadgetry. The wearable-computer key chains, pens and iPod docking stations; tiny telephone recorders devices, introduced by the tech giant this year, have a head- enabling the surreptitious taping of both ends of a conversation; mounted optical display that allows users to take an automatic magnetic Global Positioning System trackers that can be secretly photo every few seconds and send it back to Google’s servers, placed underneath a car to determine its whereabouts; and tiny essentially turning any wearer into a walking surveillance camera. cameras capable of recording images at night. Though wearers of Google Glass choose to be connected to The trend has drawn sharp criticism from some national se - Google, the people in their lines of sight do not. 2 curity experts. “Before we get too far down this road of ubiq - Google Chairman Eric Schmidt says people shouldn’t auto - uitous surveillance, real-time upload and comprehensive ana - matically assume the worst about how the new product could lytics . . . we should pause to consider the implications,” said be used. “Society adapts to these new things, and wearable Michael Chertoff, former secretary of the Department of Home - computing is very much a real thing, of which Glass is just land Security, who now heads a security consulting firm. 1 one example,” he said. “We have to have rules about how you Yet, the mechanics of snooping are deeply intriguing to use them. And that may literally be just etiquette — what’s ap - many people. “That fascination people have with the tools that propriate and what’s not. There’s obviously places where Google

Continued from p. 726 FISA called the Protect America Act, and technology companies, such as which removed the warrant require - PRISM Program Redmond, Wash.-based giant Microsoft. ment for government surveillance of “This is a home game for us,” says foreign intelligence targets “reason - ection 702 of the FISA Amendments former NSA director Michael Hayden. ably believed” to be outside of the S Act became the justification for the “Are we not going to take advantage United States. NSA’s PRISM program, established in that so much of it goes through Red - A new law passed a year later, the 2008. Under PRISM, according to doc - mond, Washington? Why would we not FISA Amendments Act, addressed uments leaked by Snowden, the agency turn the most powerful telecommuni - concerns over warrantless wiretapping, pulled material from the servers of com - cations and computing management bolstering the government’s intelli - panies such as Google, Facebook, Skype structure on the planet to our use?” 60 gence-gathering powers while limit - and Apple in search of patterns that President George W. Bush’s ad - ing the FISA court’s scope of review could signal possible terrorist activity. ministration in 2002 launched the Total when court approvals were required. But multiple news reports indicate that Information Awareness program aimed The law’s section 702 allowed the the program was just part of a much big - at “data-mining” in search of terrorist government to acquire foreign intel - ger data-collection effort. The Associated activity. Congress banned further spend - ligence by targeting foreign residents Press reported that for years FBI agents ing on the program in 2003 because “reasonably believed” to be outside had shown up at Microsoft and other of objections from lawmakers concerned U.S. borders. companies with court orders demanding about its intrusiveness. But the admin - To do so, the law says, the gov - information on certain customers. 63 And istration maintained its aggressive sur - ernment had to establish certain “tar - USA Today reported in 2006 that the NSA veillance efforts. geting procedures,” which critics ob - secretly collected phone records of tens reported in served can be difficult to ascertain of millions of Americans, using data pro - December 2005 that Bush had au - when dealing with Internet or cell vided by AT&T, Verizon and BellSouth . 64 thorized the NSA to eavesdrop on phone communications. 61 In addition, Obama administration officials said that American phone calls and emails the law required the government to collection program — which the Snow - without obtaining a warrant from the adopt “minimization procedures” to den-provided documents revealed was FISA court. Congress in 2007 passed guard against inadvertent collection of even more widespread — was justified into law a temporary amendment to information about U.S. citizens. 62 under the Patriot Act’s section 215.

728 CQ Researcher Glass is not appropriate.” 3 “With technology getting smaller, almost invisible, and the The Spy Museum’s Earnest attributes much of the interest in price coming down, it does tend to encourage people” to mount surveillance technology to the Bond movies and a stream of their own spy operations, said Houston family-law attorney Regi - other films and TV shows that play up the glamour of spying. nald Hirsch, who has represented clients who have sought to But surveillance devices have become popular for more prac - use the devices. 5 tical reasons. Their users include people checking on the care — Chuck McCutcheon of elderly relatives in nursing homes and parents monitoring their babysitters. One especially popular client base has been suspicious people looking to catch cheating by their spouse or 1 Michael Chertoff, “Google Glass: The Beginning of Wearable Surveillance,” CNN.com, May 1, 2013, www.cnn.com/2013/05/01/opinion/chertoff-wearable- significant other. Recorders and cameras can accomplish far more devices. cheaply what a private investigator used to do. 2 For background, see Gary Shteyngart, “O.K., Glass,” The New Yorker , Aug. 5, The use of surveillance devices has become so popular, in 2013, www.newyorker.com/reporting/2013/08/05/130805fa_fact_shteyngart. fact, that it has triggered lawsuits over alleged invasions of pri - 3 Curt Woodward, “Schmidt: Google Glass Critics Afraid of Change, Society Will Adapt,” XConomy.com , April 26, 2013, www.xconomy.com/boston/2013/ vacy. In a well-publicized case in 2009, a Nebraska woman 04/26/schmidt-google-glass-critics-afraid-of-change-society-will-adapt/. was sued for placing a voice recorder inside her 4-year-old 4 Nate Anderson, “Modern Divorce: Wiretapped Teddy Bears, $120,000 in daughter’s favorite teddy bear to help her learn how her daugh - Fines,” Ars Technica , March 8, 2011, http://arstechnica.com/tech-policy/ 2011/03/modern-divorce-wiretapped-teddy-bears-120000-in-fines/. ter was being treated. A judge ordered the woman and her fa - 5 Mike Tolson, “Spy Gadgets Infiltrate Divorces As Domestic Snooping ther to pay a total of $120,000 to six people who complained Booms,” The Houston Chronicle , April 28, 2012, www.chron.com/news/houston- of being illegally recorded. 4 texas/article/Spy-gadgets-infiltrate-divorces-as-domestic-3518643.php.

Meanwhile, law-enforcement agencies facial-recognition software to spot crim - ernment has interpreted Section 215. 71 increasingly were using non-FISA- inals in the crowd; it found 19 people That December, Congress voted to reau - approved wiretapping, mostly for drug with pending arrest warrants. 69 thorize the FISA program. Wyden and investigations. According to a 2011 fed - Before the 2004 Republican National fellow Oregon Democrat Jeff Merkley eral report, 95 percent of federal wiretap Convention in New York City, The New tried to amend the legislation to require and 81 percent of state wiretap orders York Times reported that the New York more public disclosure about the impact that year were related to narcotics . 65 Police Department monitored church of the law, but their proposals failed. To aid in criminal investigations, au - groups, anti-war organizations and envi - At a Senate Intelligence Committee thorities also began using information from ronmental advocates. It later continued hearing several months later, Wyden point - technology companies, which began mak - the practice, sending an officer to a New edly asked National Intelligence Director ing that fact public. Google reported more Orleans gathering of liberal groups in James Clapper whether the NSA collect - than 21,000 government requests for user 2008 and aggressively surveilling Muslims. ed “any type of data at all on millions data during 2012, up 70 percent since (See sidebar, p. 730. ) The department says or hundreds of millions of Americans.” 2009. 66 And during the first half of 2013, its efforts were essential to maintaining Clapper answered, “No sir,” then added, Twitter reported a 15 percent increase in security. It cited internal rules allowing of - “Not wittingly.” After the Snowden dis - requests over the previous six months. ficers to go anywhere the public is al - closures, some commentators accused Most requests were in the form of sub - lowed and preparing reports for “opera - Clapper of lying; he said he responded poenas or search warrants. 67 tional planning” purposes. 70 “in what I thought was the most truth - Physical surveillance remained a tool Congress extended the Patriot Act ful or least untruthful manner” and that at some law enforcement agencies. during the Obama administration. But he was probably “too cute by half.” 72 Maryland’s state police, concerned about Democratic Sens. Wyden and Udall Despite restrictions against revealing possible violence at future executions, began raising alarms about what they what data the NSA collects, agency of - infiltrated meetings of anti-death penal - believed was excessive and unneces - ficials have openly acknowledged that ty groups in 2008. State lawmakers sub - sarily secret surveillance. they gather unprecedented amounts of sequently banned those tactics. 68 Police In a March 2012 letter to Attorney information that never get reviewed. already had begun taking advantage of General Eric Holder, they wrote, “We “There are massive gaps in our ability emerging technologies; before the 2001 believe most Americans would be stunned to actually analyze data — much of the Super Bowl, cops in Tampa, Fla., used to learn the details” of how the gov - data just sits there and nobody looks

www.cqresearcher.com Aug. 30, 2013 729 GOVERNMENT SURVEILLANCE

U.S. Muslims Seek to End Police Surveillance NYPD’s Kelly: “We will not change our methods.”

fter the 9/11 attacks, law enforcement agencies around Since 9/11, some lawmakers periodically have called for the country tightened surveillance of Muslims in an ef - even more aggressive national surveillance of Muslims, partic - A fort to prevent another major terrorist attack. But the ularly after the Boston Marathon bombings in April. New York City Police Department (NYPD), which boasts the Police must “realize that the threat is coming from the Mus - nation’s most advanced anti-terrorism capabilities, took its sur - lim community and increase surveillance there,” said Rep. Peter veillance to controversial new levels. King, R-N.Y., chairman of the House Homeland Security Sub - Using undercover officers, informants and other methods, the committee on Counterintelligence and Terrorism. 5 NYPD monitored Muslims both in the city and beyond its borders. In fact, the CIA helped the NYPD create a special intelli - The intensive surveillance has sparked a series of lawsuits against gence unit to conduct surveillance. A CIA inspector general’s re - the department, including a pending suit filed in June in U.S. Dis - port disclosed in June that one agency official — in an appar - trict Court by the American Civil Liberties Union and other civil rights ent violation of the prohibition against CIA domestic spying on organizations on behalf of a group of Muslims. It seeks to end all Americans — helped police conduct surveillance operations. 6 surveillance of Muslims and mosques by New York City police while The NYPD unit sent officers to neighborhoods throughout calling for the destruction of data collected by the surveillance and the city to look for any behavior by Muslims or people who the naming of an independent monitor to oversee the NYPD. 1 appeared to be Muslim that could legally allow them to stop In a separate District Court lawsuit, which also is pending, cars and people for questioning, according to a Pulitzer Prize- civil rights activists accused the department of violating its reg - winning series of articles by The Associated Press. The articles ulations governing how it can conduct surveillance of political concluded that the department did so “in ways that would run or religious groups. A third pending suit in District Court in afoul of civil liberties rules if practiced by the federal govern - New Jersey alleges that Muslims there had their constitutional ment.” 7 Undercover officers also visited bars, shops, bookstores rights violated by NYPD spying that crossed state lines. 2 and restaurants to study customers’ habits. New York police officials say their tactics are appropriate, es - Kelly and other police officials say they have followed guide - pecially given the extreme risk the city faces. They emphatically lines established in 1985 as part of a legal settlement that deny targeting suspects based on their religious affiliation. sharply restricted undercover work. The guidelines require that “Undercover investigations begin with leads, and we go police have “specific information” that a group is engaged in where the leads take us,” Police Commissioner Raymond Kelly or is threatening to engage in criminal conduct. 8 said. 3 Responding to the ACLU lawsuit, other city officials de - “The Police Department will not apologize for our lawful fended the NYPD. “Cities cannot play catch-up in gathering in - efforts to protect New York,” Kelly said, “and we will not change telligence about a terrorist threat,” said Celeste Koeleveld, a se - our methods to satisfy those who would impugn them without nior lawyer in the city’s Law Department. 4 understanding them.” 9 Nationwide, post-9/11 surveillance of the country’s 2.8 mil - But Muslims contend the department has gone too far. Asad lion Muslim-Americans permitted under the USA Patriot Act and Dandia, a Brooklyn-born Muslim and community activist, wrote the George W. Bush administration unleashed a flood of com - on the ACLU’s blog in June that he received a Facebook message plaints from Muslims and others. from a man asking for religious self-improvement. He says the at it,” an anonymous former agency of - reach. As an anonymous senior intelli - ficial told National Journal. 73 gence official told Wired : “Everybody’s The NSA’s ambitious collection efforts a target; everybody with communication CURRENT led it to begin building a massive $2 bil - is a target.” 74 lion data-storage center in rural Utah es - Not surprisingly, that approach troubles SITUATION timated to be more than five times the civil libertarians, who contend that the gov - size of the U.S. Capitol. The center is ex - ernment does not need to acquire every pected to open this fall and will report - haystack in sight just to look for needles. Forthcoming Debate edly play a crucial role in enabling the ACLU analyst Jay Stanley argues that col - agency to break complex encryption sys - lecting too much data is just as great a dward Snowden’s leaks, along with tems that cloak many financial and per - problem as collecting too little. “When E other revelations of NSA snooping, sonal transactions in secrecy. surveillance takes place on such a mass have spurred a flood of proposed legis - The center will enable the agency scale,” he wrote, “it is impossible to pay lation aimed at curbing the powers of to further extend its eavesdropping close attention to everything.” 75 the NSA and FISA court.

730 CQ Researcher man turned out to be a police informant who collected the phone numbers of everyone to whom he was introduced and a

often tried to photograph them. m a T Dandia said one of the leaders of his mosque asked him to o i r

stop holding meetings of his community group there, and that so - a M

liciting donations from congregants was no longer permitted. “The / s e

NYPD surveillance program has made it harder for me to practice g 10 a

my religion, even though I have done nothing wrong,” he wrote. m I

y

Some congressional Democrats have pressed the Obama ad - t t e

ministration to examine the NYPD’s policies. Attorney General Eric G Holder said a review was under way, but the lawmakers have crit - A New York University student attends a town hall icized Holder for not acting more swiftly. “I have patiently waited meeting on Feb. 29, 2012, to discuss surveillance of for the Department of Justice to complete its review of the situa - Muslim communities by the New York City tion, but it has been nearly two years since the story broke and Police Department (NYPD). over a year since the Department of Justice committed to doing 5 11 Katrina Trinko, “GOP Congressman: Increase Surveillance of Muslim Com - a review of NYPD’s actions,” said Rep. Mike Honda, D-Calif. munity,” National Review , April 19, 2013, www.nationalreview.com/corner/ In the meantime, recent reports that domestic surveillance by 346125/gop-congressman-%E2%80%98increase-surveillance%E2%80%99-mus the National Security Agency (NSA) broke privacy rules or went lim-community. 6 beyond its legal authority thousands of times have intensified Charlie Savage, “CIA Report Finds Concerns With Ties to New York Police,” The New York Times , June 26, 2013, www.nytimes.com/2013/06/27/nyregion/ Muslims’ fears of unwarranted scrutiny. “After all, most of us really cia-sees-concerns-on-ties-to-new-york-police.html?pagewanted=all. do have nothing to hide — so why is it that we have everything 7 Matt Apuzzo and Adam Goldman, “With CIA Help, NYPD Moves Covertly to fear?” a Muslim woman asked in The Guardian , the British In Muslim Areas,” The Associated Press, Aug. 23, 2011, www.ap.org/Content/ APintheNews/2011/With-CIA-help-NYPD-moves-covertly-in-Muslim-areas. newspaper that first reported on the NSA programs. 12 8 “Handschu Guidelines Govern How NYPD Can Monitor Groups,” The Asso - — Chuck McCutcheon ciated Press, Feb. 23, 2012, www.nydailynews.com/news/handschu-guidelines- govern-nypd-monitor-groups-article-1.1027761. 9 “Police Commissioner Raymond Kelly’s Speech to Fordham Law School,” 1 Hamid Hassan Raza, et al. v. City of New York , 2013, www.aclu.org/files/assets/ op. cit. nypd_surveillance_complaint_final.pdf. 10 Asad Dandia, “My Life Under NYPD Surveillance: A Brooklyn Student 2 Maura O’Connor, “N.J. Lawsuit Targets NYPD’s Muslim Surveillance,” The and Charity Leader on Fear and Mistrust,” ACLU.com, June 18, 2013, www. Wall Street Journal , June 6, 2012, blogs.wsj.com/metropolis/2012/06/06/n-j- aclu.org/blog/national-security-religion-belief-criminal-law-reform-technology- lawsuit-targets-nypds-muslim-surveillance/. and-liberty/my-life-under-nypd. 3 “Police Commissioner Raymond Kelly’s Speech to Fordham Law School,” 11 Adam Serwer, “Whatever Happened to the Obama Administration’s Review New York Daily News , March 6, 2012, www.nydailynews.com/opinion/police- of NYPD Spying?” Mother Jones , April 4, 2013, www.motherjones.com/politics/ commissioner-raymond-kelly-speech-fordham-law-school-article-1.1033598. 2013/04/nypd-muslim-surveillance-justice-department-eric-holder. 4 Adam Goldman, et al. , “Civil rights groups sue NYPD over Muslim spying,” 12 Anna Lekas Miller, “If Your Name is Ahmed or Fatima, You Live in Fear of The Associated Press, June 18, 2013, http://bigstory.ap.org/article/civil-rights- NSA Surveillance,” The Guardian , June 19, 2013, www.guardian.co.uk/comment groups-sue-nypd-over-muslim-spying. isfree/2013/jun/19/nsa-surveillance-muslim-arab-americans.

In June and July, members of the House In the House Judiciary Committee, A senior member of the panel, Rep. and Senate Intelligence and Judiciary com - she and Rep. Jim Sensenbrenner, R-Wis., Adam Schiff, D-Calif., has introduced a mittees introduced several bills that augur plan to have a surveillance bill ready bill requiring public disclosure of all a high-profile debate this fall. More activ - when Congress returns from its August FISA court opinions that re-interpret ity is occurring in the courts, as well as recess. It would restrict NSA phone sur - surveillance laws in significant legal among state and local governments. veillance to only those named as targets ways, to listen to both sides of classi - Despite Washington’s polarized polit - of a federal terrorism investigation and fied cases instead of basing decisions ical climate, lawmakers are working on toughen oversight of the FISA court. 77 solely on information from Justice De - surveillance across party lines, with law - A separate measure to reauthorize partment lawyers. makers on the far left and far right form - all spy agencies for fiscal 2014 will in - In the Senate, three Democrats have ing unusual alliances. “There is a grow - clude additional privacy protections in introduced bills that would create a ing sense that things have really gone response to the NSA revelations, special advocate with the power to a-kilter here,” said Rep. Zoe Lofgren, a promised House Intelligence Commit - argue in the FISA court in favor of liberal Democrat from California. 76 tee Chairman Mike Rogers, R-Mich. 78 privacy concerns.

www.cqresearcher.com Aug. 30, 2013 731 GOVERNMENT SURVEILLANCE

California Democrat Feinstein wants authorities to obtain a search warrant tween safety and privacy, it has shown the following data to be made public: to gain access to emails and to notify a willingness to adjust those efforts, • the number of Americans’ phone an individual whose electronic com - especially in the face of withering criti - numbers that have been formally scru - munications have been obtained. cism from civil liberties advocates. tinized as part of the NSA database; Not all bills would curtail the spy Before Obama’s August announcement • the number of FBI warrants seek - world’s power. A bill that passed the that he would seek more oversight of ing the contents of phone conversa - House and is awaiting Senate action, the the FISA process, Robert Litt, the top tions; and Cyber Intelligence Sharing and Protec - lawyer in the Office of the Director of • the number of times a phone tion Act, would tighten cybersecurity and, National Intelligence, said the adminis - company has been required to pro - according to civil liberties and privacy tration was “open to re-evaluating” the vide data. 79 advocates, broaden the government’s sur - NSA’s surveillance efforts to create greater Sen. Al Franken, D-Minn., also has in - veillance powers . That bill was debated public confidence that they protect pri - troduced a bill calling for the government prior to the Snowden disclosures and vacy while “preserving the essence of to regularly report on how many Amer - has the backing of Republicans who the program.” 82 icans’ data is subject to NSA collection. generally support the NSA’s actions. The NSA’s Alexander also said he is Such changes, however, are unlike - Comprehensive immigration reform, amenable to considering having telephone ly to mollify some lawmakers who — another major issue before Congress, companies collect and retain caller records to the surprise of many congressional features a side debate on surveillance. instead of immediately routing them to observers — narrowly lost a battle in The Senate-passed version of an immi - his agency, with the NSA then request - July over an amendment to slash fund - gration overhaul, which the House is ing data for each case under investiga - ing for the NSA’s surveillance programs. expected to debate this fall, would allow tion. That approach could allay concerns Supporters of the measure, led by employers to tap into a Homeland Se - that the NSA is sitting on a massive trove libertarian-leaning Rep. Justin Amash, curity Department system called E-Verify of secretly gathered data. 83 R-Mich ., have pledged to continue to to check the identity and legal status of Meanwhile, the administration has press the issue. Sen. Rand Paul, R-Ky., prospective hires The system includes become more open about justifying who shares many of Amash’s views, drivers’ license photographs and other the need for surveillance. The direc - also has introduced bills to sharply limit biographical information, leading privacy tor of national intelligence in July re - domestic surveillance. “I think the con - advocates to warn it could mark the leased three declassified documents stitutionality of these programs needs start of a national ID system. 81 that authorized and explained the bulk to be questioned,” said Paul, who often Meanwhile, to regulate the domestic collection of telephone data. is mentioned as a potential 2016 GOP use of federal drone aircraft, Reps. Sensen - Many involved in the surveillance de - presidential candidate . 80 brenner, Lofgren and Ted Poe, R-Texas, bate are watching to see if the Privacy In the Senate, Richard Durbin, D-Ill., have introduced a bill that would require and Civil Liberties Oversight Board, an added language to the pending fiscal a warrant for drones to collect informa - independent executive branch agency, 2014 defense appropriations bill that tion that could identify individuals in a can become an important player in im - would require the NSA to provide more private area. The measure also would re - plementing solutions. details about its data collection, such as quire a court order and advance public Congress created the board in 2004, how many phone records of U.S. citi - notice for the government to use drones and it first met in 2006. But then it zens it has acquired and how many to collect information that could identi - languished without a chairman until NSA personnel have reviewed them. fy individuals in defined public areas. David Medine, a Washington lawyer and Senate Judiciary’s Leahy has introduced And Wyden and Rep. Jason Chaffetz, former Federal Trade Commission of - a bipartisan bill that would narrow the R-Utah, each has introduced a bill re - ficial, finally was confirmed in May, scope of the Patriot Act’s Section 215, quiring the government to obtain a war - enabling the hiring of staff members. which authorizes the phone-records sur - rant in order to use the Global Position - The board held a public hearing in veillance program disclosed by Snow - ing System to track criminal suspects. July at which several privacy officials den. The measure also would require urged it to support the formation of the inspector general of the intelligence a watchdog over the FISA court. “It community to review how the FISA Obama Administration would be good to have someone with Amendments Act has affected Americans’ access to classified information who privacy rights. espite the Obama administration’s could play an adversarial role,” said A separate Leahy-sponsored bill await - D insistence that its surveillance the ACLU’s Jaffer. 84 ing Senate floor action would require initiatives strike the right balance be - Continued on p. 734

732 CQ Researcher At Issue:

Is gyes overnment domestic surveillance keeping the U.S. safer?

PAUL ROSENZWEIG SHARON BRADFORD FRANKLIN VISITING FELLOW , H ERITAGE FOUNDATION ; SENIOR COUNSEL , T HE CONSTITUTION FORMER DEPUTY ASSISTANT SECRETARY , PROJECT DEPARTMENT OF HOMELAND SECURITY WRITTEN FOR CQ RESEARCHER , AUGUST 2013 WRITTEN FOR CQ RESEARCHER , AUGUST 2013

he question of surveillance’s effectiveness is impossible to he public really has no way of knowing whether domestic answer. It is difficult to prove a counter-factual — that government surveillance is keeping us safer. The Office of t without surveillance programs we would not have been t the Director of National Intelligence (ODNI) reports that it safer. But it seems the public record supports a modest claim gave Congress a list of 54 cases in which it believes the two re - that surveillance has been effective, and I suspect the classified cently revealed National Security Agency (NSA) surveillance pro - record is even stronger. grams have provided information that helped detect and disrupt It is generally very difficult to discern successes for surveil - potential terrorist activity. lance techniques when those successes often occur in a classi - However, the ODNI has not disclosed that list publicly, nor fied domain. But a careful observer can detect the outlines of has it provided any public details on how critical the programs other intelligence successes based on domestic surveillance in were to the government’s ability to detect and thwart these some events. When Pakistani-American David Headley was ar - plots. Much of this information — such as the evidence and rested in 2009 for allegedly seeking to commit terrorist acts in operational details of particular investigations — should legiti - Denmark, a key factor in his identification was his pattern of mately remain classified. But the need for secrecy regarding travel to the Middle East and his efforts to conceal those trips specific operations only reinforces the urgency of holding a from the govyernment. Revieew of his trsavel both provided the public debate onn the appropriateo scope of the government’s trigger to ask questions and the factual cross-check on the surveillance programs and the laws governing those programs. veracity of his answers. We do know that under the NSA program for collecting Likewise, surveillance tapes from a shopping center in phone records, the government is obtaining information on Bridgeport, Conn., played a modest role in the hunt for failed millions of Americans who have no known or suspected ties Times Square bomber Faisal Shahzad, while surveillance cameras to terrorism. Although the NSA is not permitted to obtain the were instrumental in the apprehension of the Boston Marathon content of those calls, the government is gathering data bombers. showing what numbers are called from each phone number What does all this say about the National Security Agency and the duration and frequency of those calls. So, even if the (NSA) telephone call record program that is at the forefront of program is making us safer, it is also scooping up lots of in - the news today? The bare information we have is that the NSA formation that has no counter-terrorism value. has been authorized to access the phone-record database Although courts traditionally have said such noncontent infor - roughly 300 times in the last 10 years. mation is not protected by the Fourth Amendment right to be It is difficult to be certain how effective these surveillance free from unreasonable government searches and seizures, rapid efforts are. The NSA says it has thwarted several attacks, in - changes in technology have transformed the nature and extent cluding a New York City subway bombing plot. And if Sen. of this data, and the courts are beginning to catch up. Last year, Dianne Feinstein, D-Calif., is correct (and there is no reason to in United States v. Jones , a case involving global positioning sys - think she isn’t), this program has played a role in thwarting tem tracking of a car on public roads, five Supreme Court jus - more than one terrorist attack — though how essential a role, tices, in their concurrences, acknowledged that continuous use of we cannot say. powerful electronic surveillance technologies over extensive peri - More to the point, however, a focus on public evidence ods can impinge on reasonable expectations of privacy. of successfully thwarted attacks misses the issue of deter - The phone information being collected by the NSA, like rence altogether. Perhaps the best evidence that our surveil - the pattern of the car’s movements in Jones , can be highly lance programs are effective is the concrete evidence that revealing of individuals’ activities and associations. Such exten - when our methods are disclosed, those who would wish to sive monitoring threatens both the First Amendment right of do us harm alter their own tactics to less optimal ones to free association and Fourth Amendment rights. Therefore, it is avoid scrutiny. not enough to ask whether domestic surveillance programs The surveillance we undertake may not make the program are making us safer. We must also examine whether the pro - wise or necessarily lawful, but the evidence does suggest that grams adequately protect Americans’ constitutional rights — it workno s. and if not, what safeguards are needed.

www.cqresearcher.com Aug. 30, 2013 733 GOVERNMENT SURVEILLANCE

Continued from p. 732 D.C., privacy-rights group. “They all Others said the court’s rulings should said that it didn’t matter whether there contain an unclassified explanation of its was a [criminal] trespass. What mat - OUTLOOK findings. “It is crucial for the American tered was the surveillance.” public to better understand FISA Court But the overall issue of surveillance decisions and the appropriateness of its is difficult for the judicial system, given More Cameras interpretation of relevant case law,” House the rapid pace of change in technol - Minority Leader Nancy Pelosi, D-Calif., ogy, according to legal experts. ontinued technological progress wrote in a July letter to Medine. 85 “The law and courts are not per - C is expected to make surveillance fectly equipped to look at new tech - far more widespread and less overtly nology,” says Mills, the University of intrusive. That raises the question: Will Court Action Florida law professor. “With law, . . . new mechanisms be put in place to you always have to look backwards.” prevent potential abuses? ederal and state courts have begun For now, Congress and the Obama F addressing a hotly debated surveil - administration appear poised to make lance issue: whether law enforcement States and Localities several modifications to laws in reac - officials need a search warrant to ob - tion to the recent NSA disclosures. tain information on a suspect’s where - everal legislatures are moving ahead Whether that continues in the future abouts from cell phone companies. S on efforts to ensure surveillance hinges on several factors, experts say: The New Orleans-based Fifth U.S. Cir - is done with prior judicial approval. • The extent of leaks about classi - cuit Court of Appeals ruled in July that In May, Montana became the first state fied programs. More leaks could fuel a warrantless search of cell phone lo - to require police to obtain a search war - public discontent, which could lead to cation data was “not per se unconstitu - rant, based on probable cause, before new laws aimed at curtailing surveil - tional” because that data was “clearly a using a cell phone carrier’s records to lance and promoting greater transparency. business record” and thus not protect - establish a suspect’s location. Maine soon • Whether technology has been ed by the Fourth Amendment. The de - followed suit, and the issue has surfaced shown to prevent or solve a major ter - cision came just after the New Jersey in Texas and Massachusetts. Though Cal - rorist incident or crime. After video cam - Supreme Court ruled the opposite way, ifornia’s legislature passed a similar mea - eras helped locate the Boston Marathon saying that search warrants were required. sure last year, Democratic Gov. Jerry bombing suspects in April, for exam - The Florida Supreme Court ruled in Brown vetoed it, contending it did not ple, experts predicted the devices would May that the police could seize a cell strike what he called the proper balance become far more common. phone without a warrant but needed a between privacy and security. 87 • How future presidents and other warrant to search it. And the Fourth U.S. States also are starting to consider how top government officials utilize surveil - Court of Appeals, in Richmond, Va., is to regulate drones. Idaho passed a law lance and how expansive they decide weighing whether investigators acted requiring police to get warrants before to be about revealing the details. A fu - legally when they got a court order, but using the planes, and several other states ture large-scale terrorist attack is likely not a warrant, to obtain location data are considering similar measures. Virginia to make a president tilt his or her pri - for suspects in an armed robbery. 86 enacted a two-year moratorium on police orities toward national security, poten - The Supreme Court has yet to take use of drones, except in emergencies. 88 tially at the expense of civil liberties. up the issue of cell phone warrants, though Local governments, meanwhile, are Privacy advocates are pressing for the growing public interest in surveillance taking steps to make video surveil - far-reaching changes to surveillance has led to speculation that it may do so lance more widespread. In most cases, laws. But the prospect of new limits in the near future. Many observers are city ordinances require businesses such is worrisome to some current and for - curious to see how last year’s U.S. v. Jones as bars and liquor stores to keep cam - mer government officials. ruling regarding the illegal attachment of eras in certain locations and make the “If we’re going to do effective in - a GPS device will influence future cases. footage available to police. telligence, we can’t talk about it in “The Jones case was extremely im - But a few cities are taking a more public,” said Stewart Baker, a former portant, but nobody knows where the privacy-oriented approach. Seattle’s City NSA general counsel and frequent com - reasoning of the concurring justices Council decided in March that police mentator on surveillance issues. “And will take us,” says Gregory Nojeim, se - must receive the council’s permission instead, we need to come up with a nior counsel for the Center for Democ - before using certain cameras and drones variety of controls and safeguards that racy and Technology, a Washington, for surveillance. 89 operate in classified space.” 90

734 CQ Researcher Baker and others agree that will British Intelligence Mining Data From Nine U.S. www.huffingtonpost.com/2013/06/13/robert- pose a formidable challenge. An Internet Companies in Broad Secret Program,” mueller-fbi_n_3434190.html?icid=maing-grid7| equally big challenge, they say, will The Washington Post , June 6, 2013, www.wash main5|dl1|sec1_lnk2%26pLid%3D328892 . 14 be to fashion laws that can adapt to ingtonpost.com/investigations/us-intelligence- Ellen Nakashima, “NSA Gathered Thousands changing in technology. mining-data-from-nine-us-internet-companies- of Americans’ E-mails Before Court Ordered in-broad-secret-program/2013/06/06/3a0c0da8- It to Revise Its Tactics,” The Washington Post , Facial-recognition software is ex - cebf-11e2-8845-d970ccb04497_story.html . Aug. 21, 2013, www.washingtonpost.com/ pected to become much more accu - 4 David E. Sanger, “NSA Leaks Make Plan for world/national-security/nsa-gathered-thousands- rate and sophisticated over the next Cyberdefense Unlikely,” The New York Times , of-americans-e-mails-before-court-struck-down- decade. Video cameras are becoming Aug. 12, 2013, www.nytimes.com/2013/08/13/ program/2013/08/21/146ba4b6-0a90-11e3-b87 so small and mobile they can see and us/nsa-leaks-make-plan-for-cyberdefense-un c-476db8ac34cd_story.html . record events in previously unthink - likely.html?pagewanted=all . 15 Kimberly Dozier, “Obama: NSA Secret Data able places. Surveillance drones also 5 Siobhan Gorman and Jennifer Valentino- Gathering Transparent,” Yahoo! News , June 18, are becoming smaller and are likely Devries, “New Details Show Broader NSA 2013, http://news.yahoo.com/obama-nsa-secret- to be deployed in large numbers by Surveillance Reach,” The Wall Street Journal , data-gathering-114819210.html . 16 governments and private interests. 91 Aug. 20, 2013, http://online.wsj.com/article/SB Greenwald, op. cit. 17 “You’re not going to stop the tech - 1000142412788732410820457902287409173247 Interview with Gen. Keith Alexander, “This 0.html?mod=WSJ_hps_LEFTTopStories . Week,” ABC News, June 23, 2013, http://abc nology,” says the RAND Corp.’s Davis. 6 David Ingram, “FBI Says it Uses Surveillance news.go.com/Politics/week-transcript-nsa- “What’s happened recently, and what will Drones on U.S. Soil,” Reuters, June 19, 2013, director-gen-keith-alexander/story?id=1945745 continue to happen, is that technology www.reuters.com/article/2013/06/19/us-usa- 4&singlePage=true . will make it so easy to collect this data security-drones-idUSBRE95I1NW20130619 . 18 Sen. Dianne Feinstein, comments at Senate and process it. But it does mean you 7 For background, see Charlie Savage, “Facial Judiciary Committee hearing, July 31, 2013. have to be checking to see if the tech - Scanning Is Making Gains in Surveillance,” The 19 Abby D. Phillip, “House Speaker John nology and the legal system are appro - New York Times , Aug. 21, 2013, www.nytimes. Boehner: NSA Leaker a Traitor,” ABCNews.com, priately paired. That hasn’t had to hap - com/2013/08/21/us/facial-scanning-is-making- June 11, 2013, http://abcnews.go.com/blogs/ pen, not at the rate we’re about to see gains-in-surveillance.html?hp . politics/2013/06/house-speaker-john-boehner- 8 it in so many different domains.” Robert Barnes, “Supreme Court May Need nsa-leaker-a-traitor /. to Decide How Private a Cellphone Is,” The 20 Kimberly Dozier, “Al-Qaida Said to be Washington Post , Aug. 4, 2013, www.washing Changing Its Ways After Leaks,” Yahoo! News , tonpost.com/politics/supreme-court-may-need- June 26, 2013, http://news.yahoo.com/al-qaida- Notes to-decide-how-private-a-cellphone-is/2013/08/ said-changing-ways-leaks-072102325.html . 04/e341dc60-fae1-11e2-a369-d1954abcb7e3_ 21 Interview with Sen. Mark Udall, “Meet The 1 James Fallows, “Annals of the Security State: story.html?hpid=z3 . Press,” NBC News, June 14, 2013, www.nbc Gabriel Silverstein Edition,” , May 19, 9 Casey Chan and Brian Barnett, “The Tech news.com/id/52220609/ns/meet_the_press- 2013, www.theatlantic.com/national/archive/2013/ That Helped Take Down Marathon Bombing transcripts/t/june-lindsey-graham-saxby-cham 05/annals-of-the-security-state-gabriel-silverstein- Suspect Dzhokar Tsarnaev,” Gizmodo , April 19, bliss-mark-udall-bobby-scott-david-ignatius- division/276011 /. 2013 , gizmodo.com/5995125/the-tech-that- james-risen-andrea-mitchell/#.UhUlVLxOBV4 . 2 For background, see the following CQ Re - helped-take-down-marathon-bomber-dzhokar- 22 Sen. Patrick Leahy, comments at Senate searcher reports: Barbara Mantel, “Terrorism and tsarnaev . Judiciary Committee hearing, July 31, 2013. the Internet,” Nov. 1, 2009, pp. 285-310; Roland 10 Glenn Greenwald, “XKeyScore: NSA tool 23 Sharon Bradford Franklin, “The Interpre - Flamini, “Improving Cybersecurity,” Feb. 15, 2013, collects ‘nearly everything a user does on the tation of Surveillance Laws Should Not Be pp. 157-180; and Marcia Clemmitt, “Privacy in internet,’ ” The Guardian , July 31, 2013, www. Secret,” The Washington Post , June 9, 2013, Peril,” Nov. 17, 2006, pp. 961-984. theguardian.com/world/2013/jul/31/nsa-top- www.washingtonpost.com/opinions/the-inter 3 Neil M. Richards, “The Dangers of Surveillance,” secret-program-online-data . pretation-of-surveillance-laws-should-not-be- Harvard Law Review , 2013, http://papers.ssrn. 11 Marc Ambinder, “What’s XKeyscore?” The secret/2013/06/09/256d4994-cf90-11e2-8573- com/sol3/papers.cfm?abstract_id=2239412 . Also Week , July 31, 2013, http://theweek.com/article/ 3baeea6a2647_story.html . see Glenn Greenwald, “NSA Collecting Phone index/247684/whats- . 24 Susan Landau, written testimony to the U.S . Records of Millions of Verizon Customers Daily,” 12 Ed O’Keefe, “Plan to Defund NSA Phone House Judiciary Committee, Feb. 11, 2011, http:// The Guardian , June 5, 2013, www.theguardian. Collection Program Defeated,” The Washington judiciary.house.gov/hearings/pdf/Landau0217 com/world/2013/jun/06/nsa-phone-records- Post , July 24, 2013, www.washingtonpost.com/ 2011.pdf . verizon-court-order ; Glenn Greenwald and blogs/post-politics/wp/2013/07/24/plan-to-de 25 Justin Fenton, “Study of the City Finds That Ewan MacAskill, “NSA PRISM Program Taps In fund-nsa-phone-collection-program-has-broad- Crime Cameras Are Cost-Effective Deterrent,” To User Data of Apple, Google and Others,” support-sponsor-says /. The Baltimore Sun , Sept. 20, 2011, articles.bal The Guardian , June 6, 2013, www.theguard 13 Pete Yost, “Robert Mueller, FBI Director, timoresun.com/2011-09-19/news/bs-md-ci-crime- ian.com/world/2013/jun/06/us-tech-giants-nsa- Faces House Panel Questioning On Benghazi, camera-study-20110919_1_crime-cameras- dash data ; Barton Gellman and Laura Poitras, “U.S., NSA Leaks,” The Huffington Post , June 13, 2013 , board-cameras-surveillance-cameras .

www.cqresearcher.com Aug. 30, 2013 735 GOVERNMENT SURVEILLANCE

26 “1,000 Cameras Solve One Crime,” BBC 37 Eric Lichtblau, “In Secret, Court Vastly Broad - ing tonpost.com/opinions/five-myths-about-pri News, Aug. 24, 2009, http://newsvote.bbc.co. ens Powers of NSA,” The New York Times , vacy/2013/06/13/098a5b5c-d370-11e2-b05f-3e uk/mpapps/pagetools/print/news.bbc.co.uk/ July 6, 2013, www.nytimes.com/2013/07/07/ a3f0e7bb5a_story.html . 2/hi/uk_news/england/london/8219022.stm? us/in-secret-court-vastly-broadens-powers-of- 49 Press release, “New Poll Shows Americans ad=1 . nsa.html?pagewanted=all . Anxious About Privacy,” National Journal /All - 27 “Britain is ‘Surveillance Society,’ ” BBC News, 38 Remarks of James Robertson at Privacy state, June 13, 2013, www.theheartlandvoice. Nov. 2, 2006, news.bbc.co.uk/2/hi/uk_news/ and Civil Liberties Board hearing, July 9, 2013. com/wp-content/uploads/2013/06/Heartland 6108496.stm . 39 Jane Mayer, “What’s the Matter with Meta - MonitorPoll.pdf . 28 Nidhi Subbaraman, “Drones Over America: data?” The New Yorker , June 6, 2013, www.new 50 LegalDictionary.com, http://legal-dictionary. How Unmanned Fliers Are Already Helpin g yorker.com/online/blogs/newsdesk/2013/06/ver thefreedictionary.com/Fourth+Amendment . Cops,” NBCNews.com, March 30, 2013, www. izon-nsa-metadata-surveillance-problem.html . 51 Whitfield Diffie and Susan Landau, Privacy nbcnews.com/technology/drones-over-america- 40 Neil Richards, “Surveillance State No Answer on the Line: The Politics of Wiretapping and how-unmanned-fliers-are-already-helping-cops- to Terror,” CNN.com, April 23, 2013, www.cnn. Encryption (1998), p. 177. 1C9135554 . com/2013/04/23/opinion/richards-surveillance- 52 Ibid. 29 Michael Pearson, “Obama: No One Listening state . 53 Olmstead v. United States , 277 U.S. 438 (1928). to Your Calls,” CNN.com, June 9, 2013, www.cnn. 41 James Risen, “Inquiry Cites Flaws in Coun - 54 Louis D. Brandeis, Dissenting Opinion, ibid. , com/2013/06/07/politics/nsa-data-mining . terterrorism Offices,” The New York Times , www.law.cornell.edu/supct/html/historics/ USSC_ 30 Ellen Nakashima, “Call Records of Fewer Oct. 2, 2012, www.nytimes.com/2012/10/03/ CR_0277_0438_ZD.html . than 300 People Were Searched in 2012, U.S. us/inquiry-cites-flaws-in-regional-counterterror 55 John Meroney, “What Really Happened Says,” The Washington Post , June 15, 2013, www. ism-offices.html?pagewanted=all . Between J. Edgar Hoover and MLK Jr.,” The washingtonpost.com/world/national-security/ 42 Tweet from Garrett Mickley, Twitter, July 2, Atlantic , Nov. 11, 2011, www.theatlantic.com/ call-records-of-fewer-than-300-people-were- 2013, https://twitter.com/garrettmickley/status/ entertainment/archive/2011/11/what-really- searched-in-2012-us-says/2013/06/15/5e611 352101353272786945 . happened-between-j-edgar-hoover-and-mlk- cee-d61b-11e2-a73e-826d299ff459_story.html . 43 David Simon, “We Are Shocked, Shocked jr/248319 /. 31 Charlie Savage, “NSA Often Broke Rules on . . . ,” DavidSimon.com, June 7, 2013, http://david 56 Bruce Schneier, “Project Shamrock,” Privacy, Audit Shows,” The New York Times , simon.com/we-are-shocked-shocked /. Schneier.com , Dec. 29, 2005, www.schneier.com/ Aug. 16, 2013, www.nytimes.com/2013/08/ 44 Thomas Friedman, “Blowing a Whistle,” The blog/archives/2005/12/project_shamroc.html . 16/us/nsa-often-broke-rules-on-privacy-audit- New York Times , June 11, 2013, www.nytimes. 57 Katz v. United States , 389 U.S. 347 (1967). shows.html?hp&_r=0 . com/2013/06/12/opinion/friedman-blowing-a- 58 United States v. United States District Court , 32 Siobhan Gorman, et al. , “Obama Proposes whistle.html . 407 U.S. 297 (1972). Surveillance Policy Overhaul,” The Wall Street 45 Kara Brandeisky, “On the PATRIOT Act, 59 Cora Currier, Justin Elliott and Theodoric Journal , Aug. 9, 2013, online.wsj.com/article/ the Polls Say Everything,” The New Republic , Meyer, “ in America: A SB10001424127887324522504579002653564348 May 27, 2011, www.newrepublic.com/blog/ Timeline of Loosening Laws and Practices,” 842.html . the-study/89142/patriot-act-polls-mixed-obama #. ProPublica , June 7, 2013, http://projects.pro 33 Deputy Attorney General James Cole, com - 46 Jon Cohen and Dan Balz, “Poll: Privacy Con - publica.org/graphics/surveillance-timeline . ments at Senate Judiciary Committee hearing, cerns Rise After NSA Leaks,” The Washington 60 Michael Hirsh, “How America’s Top Tech July 31, 2013. Post , July 25, 2013, www.washingtonpost.com/ Companies Created the Surveillance State,” Na - 34 “Statement to the Privacy and Civil Liberties politics/poll-privacy-concerns-rise-after-nsa- tional Journal , July 26, 2013, www.nationaljour Oversight Board by Jameel Jaffer, ACLU Deputy leaks/2013/07/23/3a1b64a6-f3c7-11e2-a2f1- nal.com/magazine/how-america-s-top-tech-com Legal Director,” July 9, 2013, www.aclu.org/ a7acf9bd5d3a_story.html?44 . panies-created-the-surveillance-state-20130725 . files/assets/jameel_jaffer_pclob_statement.pdf . 47 Julian Sanchez, “NSA Snooping Matters, 61 “Are They Allowed to Do That? A Break - 35 “Foreign Intelligence Surveillance Act Court Even If You Have Nothing to Hide,” Mashable. down of Selected Government Surveillance Pro - Orders 1979-2012,” Electronic Privacy Informa - com , June 14, 2013, http://mashable.com/2013/ grams,” Brennan Center for Justice, June 2013, tion Center, http://epic.org/privacy/wiretap/stats/ 06/13/julian-sanchez-nsa /. www.brennancenter.org/sites/default/files/analy fisa_stats.html . 48 Daniel J. Solove, “Five Myths About Privacy,” sis/Government%20Surveillance%20Factsheet.pdf . 36 Nakashima , Aug. 21, 2013, op. cit. The Washington Post , June 13, 2013, www.wash 62 The bill is the FISA Amendments Act of 2008 (PL 100-261), http://thomas.loc.gov/cgi- bin/bdquery/z?d110:H.R.6304 . About the Author 63 Stephen Braun, et al. , “Secret to PRISM Pro - gram: Even Bigger Data Seizure,” The Associat - Chuck McCutcheon is a freelance writer in Washington, ed Press, June 15, 2013, http://bigstory.ap.org/ D.C. He has been a reporter and editor for Congressional article/secret-prism-success-even-bigger-data- Quarterly and Newhouse News Service and is co-author of seizure . the 2012 and 2014 editions of The Almanac of American 64 Leslie Cauley, “NSA Has Massive Database of Politics. He also has written books on climate change and Americans’ Phone Calls,” USA Today , May 11, nuclear waste. 2006, http://usatoday30.usatoday.com/news/ washington/2006-05-10-nsa_x.htm .

736 CQ Researcher 65 Christopher Soghoian, “The Spies We Trust: Third-Party Service Providers and Law Enforce - ment Surveillance,” doctoral thesis, August 2012; FOR MORE INFORMATION http://cis-india.org/internet-governance/spies- Berkman Center for Internet and Society at Harvard Law School , Baker we-trust . House, 1587 Massachusetts Ave., Cambridge, MA 02138 ; 617-495-7547 ; cyber.law. 66 “Transparency Report: What It Takes for harvard.edu . Studies legal, technical and social issues surrounding the Internet, Governments to Access Personal Information,” including privacy. Google.com, Jan. 23, 2013, http://googleblog. blogspot.com/2013/01/transparency-report-what- Center for Democracy and Technology , 1634 I St., N.W., Suite 100, Washington, it-takes-for.html . DC 20006 ; 202-637-9800 ; www.cdt.org . Advocates for the preservation of privacy and other constitutional freedoms in the digital world. 67 Vindu Goel, “Governments, Led By U.S., Seek More Data About Twitter Users,” The New The Constitution Project , 1200 18th St., N.W., Suite 1000, Washington, DC 20036 ; York Times , July 31, 2013, http://bits.blogs.ny 202-580-6920 ; www.constitutionproject.org . Explores public-policy issues relating to times.com/2013/07/31/governments-led-by-u-s- privacy and surveillance. seek-more-data-about-twitter-users/?src=recg . 68 Julie Bykowicz, “Lawmakers Begin Push Electronic Frontier Foundation , 454 Shotwell St., San Francisco, CA 94110 ; 415- to Outlaw Surveillance Tactics,” The Baltimore 436-9333 ; www.eff.org . Advocates for and litigates on technological issues involving Sun , March 3, 2009, www.baltimoresun.com/ privacy, free speech, freedom to innovate and consumer rights. news/maryland/politics/bal-md.spying03mar03, 0,759227.story . Electronic Privacy Information Center , 1718 Connecticut Ave., N.W., Suite 200, Washington, DC 20009 ; 202-483-1140 ; www.epic.org . Provides information and ad - 69 Vickie Chachere, “Biometrics Used to De - vocacy on privacy as a civil right. tect Criminals at Super Bowl,” ABCNews.com, Feb. 13, 2002, http://abcnews.go.com/Technolo gy/story?id=98871&page=1 . 77 Ibid . man of Privacy and Civil Liberties Oversight 70 Adam Goldman and Matt Apuzzo, “Docu - 78 Walter Pincus, “NSA Should Be Debated Board Highlighting Critical Concerns in Need ments: NY Police Infiltrated Liberal Groups,” on the Facts,” The Washington Post , July 30, of Board’s Immediate Review,” July 13, 2013, The Associated Press, March 23, 2012, www.ap. 2013, www.washingtonpost.com/world/national- www.democraticleader.gov/Pelosi_Letter_ to_ Pri org/Content/AP-In-The-News/2012/Documents- security/nsa-should-be-debated-on-the-facts/2013/ vacy_and_Civil_Liberties_Board_Chair man_July . NY-police-infiltrated-liberal-groups . 07/29/d57d251e-f63e-11e2-a2f1-a7acf9bd5d3a_ 86 Kate Zernike, “New Jersey Supreme Court 71 Letter from Sens. Ron Wyden and Mark Udall story.html . Restricts Police Searches of Phone Data,” The to Attorney General Eric Holder, March 15, 2012, 79 Dianne Feinstein, “Make NSA Programs More New York Times , July 18, 2013, www.nytimes. www.documentcloud.org/documents/3259 53- Transparent,” The Washington Post , July 30, 2013, com/2013/07/19/nyregion/new-jersey-supreme- 85512347-senators-ron-wyden-mark-udall-letter- www.washingtonpost.com/opinions/senate- court-restricts-police-searches-of-phone-data. to.html . intelligence-committee-chair-reform-nsa-pro html?pagewanted=all . 72 Andrew Rosenthal, “Making Alberto Gonzales grams/2013/07/30/9b66d9f2-f93a-11e2-8e84- 87 Somini Sengupta, “With Montana’s Lead, Look Good,” The New York Times , June 11, 2013, c56731a202fb_print.html . States May Demand Warrants for Cellphone takingnote.blogs.nytimes.com/2013/06/11/ mak 80 Sean Sullivan, “Rand Paul, Peter King Clash Data,” The New York Times , July 2, 2013, http:// ing-alberto-gonzales-look-good/?_r=0 . Over NSA Surveillance,” The Washington Post , bits.blogs.nytimes.com/2013/07/02/with-mon 73 Michael Hirsh, “The Surveillance State: How Aug. 18, 2013, www.washingtonpost.com/blogs/ tanas-lead-states-may-demand-warrants-for-cell We Got Here and What Congress Knew,” Na - post-politics/wp/2013/08/18/rand-paul-peter- phone-data /. tional Journal , June 7, 2013, www.national king-clash-over-nsa-surveillance /. 88 Mary Winter, “It’s a Bird, It’s a Plane, It’s journal.com/nationalsecurity/the-surveillance- 81 Eric Lipton, “Fears of National ID With Im - Superdrone,” Trends and Transitions , Nation - state-how-we-got-here-and-what-congress-knew- migration Bill,” The New York Times , June 15, al Conference of State Legislatures, June 2013, 20130607 . 2013, www.nytimes.com/2013/06/16/us/politics/ www.ncsl.org/Portals/1/Documents/magazine/ 74 James Bamford, “The NSA Is Building the as-immigration-bill-moves-forward-fear-of-an- articles/2013/SL_0613-Trends.pdf . Country’s Biggest Spy Center (Watch What You id-system.html . 89 The Associated Press, “Seattle City Council Say),” Wired , March 15, 2012, www.wired.com/ 82 Robert Litt, remarks before the Senate Ju - Restricts Video Surveillance,” KomoNews.com, threatlevel/2012/03/ff_nsadatacenter/all /. diciary Committee, July 31, 2013. March 19, 2013, www.komonews.com/news/ 75 Jay Stanley, “The Burdens of Total Surveil - 83 Ryan Gallagher, “After Backlash, NSA Direc - local/Seattle-City-Council-restricts-video-surveil lance,” ACLU.org, April 30, 2013, www.aclu.org/ tor Weighs Reform of Phone Records Database,” lance-198966791.html . blog/technology-and-liberty-national-security/ Slate.com , July 19, 2013, www.slate.com/blogs/ 90 “Controversy Over The Scope And Oversight burdens-total-surveillance . future_tense/2013/07/19/nsa_chief_keith_alexan Of Domestic Surveillance,” “The Diane Rehm 76 Jonathan Weisman, “Momentum Builds der_weighs_reform_of_phone_records_data Show,” July 30, 2013, http://thedianerehmshow. Against NSA Surveillance,” The New York Times , base.html . org/shows/2013-07-30/controversy-over- scope- July 29, 2013, www.nytimes.com/2013/07/29/ 84 Jameel Jaffer, remarks at Privacy and Civil and-oversight-domestic-surveillance/ transcript . us/politics/momentum-builds-against-nsa-sur Liberties Oversight Board hearing, op. cit. 91 For background, see Peter Katel, “3D Printing,” veillance.html?pagewanted=1&_r=0&hp . 85 Office of Rep. Nancy Pelosi, “Letter to Chair - CQ Researcher , Dec. 7, 2012, pp. 1037-1060.

www.cqresearcher.com Aug. 30, 2013 737 Bibliography Selected Sources

Books papers.cfm?abstract_id=2239412 . A Washington University law professor discusses legal and Baker , Stewart A. , Skating On Stilts: Why We Aren’t Stop - ethical principles that should guide surveillance law as a ping Tomorrow’s Terrorism , Hoover Institution Press , 2010 . check against what he considers to be the growing gov - A former National Security Agency and Homeland Security ernment temptation to abuse its powers. Department official discusses the conflicts between privacy and national security. Stray , Jonathan , “FAQ: What You Need to Know About the NSA’s Surveillance Programs,” ProPublica.org , Aug. 5, Bamford , James , The Shadow Factory: The NSA from 9/11 2013 , www.propublica.org/article/nsa-data-collection-faq . to the Eavesdropping on America , Anchor Books , 2009 . Using a question-and-answer format, the author provides a The author of several books on the National Security Agency detailed, up-to-date report on the full extent of the National details its surveillance efforts since the Sept. 11, 2001, attacks. Security Agency’s spying program.

Harris , Shane , The Watchers: The Rise of America’s Sur - Villasenor , John , “Observations from Above: Unmanned veillance State , Penguin Books , 2011 . Aircraft Systems and Privacy,” Harvard Journal of Law & A journalist profiles the leading figures behind the federal Public Policy , 2013 , www.questia.com/library/1G1-3301 government’s surveillance efforts since the Sept. 11 attacks. 43488/observations-from-above-unmanned-aircraft-systems . A senior fellow at the Brookings Institution think tank looks Landau , Susan , Surveillance or Security? The Risks Posed at the threat to civil liberties from drones. By New Wiretapping Technologies , MIT Press , 2011 . A former Sun Microsystems engineer examines the diffi - Reports and Studies culties of maintaining digital communications security. “Recommendations for Fusion Centers: Preserving Privacy Solove , Daniel J. , Nothing To Hide: The False Tradeoff Be - and Civil Liberties While Protecting Against Crime and tween Privacy and Security , Yale University Press , 2011 . Terrorism,” The Constitution Project , 2012 , www.constitu An expert on privacy law provides an overview of the con - tionproject.org/wp-content/uploads/2012/10/fusioncenter flict between digital privacy and the need to combat threats report.pdf . to national security. The think tank offers suggestions for improving training and oversight at the nation’s 77 fusion centers, which dis - Webster , William R. , et al. , Living In Surveillance Soci - seminate information on terrorism and other threats to local, eties: The State of Surveillance , Create Space Indepen - state and federal law enforcement officials. dent Publishing , 2013 . A University of Stirling (Scotland) surveillance researcher Marshall , Curtis Erwin , and Edward C. Liu , “NSA Sur - edits a collection of academic essays on veillance Leaks: Background and Issues for Congress,” submitted for a 2012 conference in Spain. Congressional Research Service , 2013 , www.fas.org/sgp/ crs/intel/R43134.pdf . Articles The authors provide an overview of the Edward Snowden leaks controversy, focusing on what information is being col - “The National Security Agency: All Too Human,” The lected by the National Security Agency and the legal bases for Economist , Aug. 16, 2013 , www.economist.com/blogs/ the collection and current oversight mechanisms. democracyinamerica/2013/08/national-security-agency . The British newsweekly examines how the Obama ad - Stevens , Gina , and Charles Doyle , “Privacy: An Overview ministration’s promises not to eavesdrop on Americans square of Federal Statutes Governing Wiretapping and Electronic with reality. Eavesdropping,” Congressional Research Service , 2012 , www.fas.org/sgp/crs/intel/98-326.pdf . Luckerson , Victor , “PRISM by the Numbers: A Guide to The authors explain the Foreign Intelligence Surveillance the Government’s Secret Internet Data-Mining Program,” Act and other such laws. Time , June 6, 2013 , http://newsfeed.time.com/2013/ 06/06/prism-by-the-numbers-a-guide-to-the-governments- Thompson , Richard M. II , “Drones In Domestic Sur - secret-internet-data-mining-program/#ixzz2cR9dGe5c . veillance Operations: Fourth Amendment Implications A journalist provides insights into the PRISM surveillance and Legislative Responses,” Congressional Research Ser - program. vice , 2012 , www.fas.org/sgp/crs/natsec/R42701.pdf . The author provides an overview of the privacy implica - Richards , Neil M. , “The Dangers of Surveillance,” Har - tions of drones, summarizing past legislative attempts to strike vard Law Review , 2013 , http://papers.ssrn.com/sol3/ a balance between security and privacy.

738 CQ Researcher The Next Step: Additional Articles from Current Periodicals

Civil Rights nytimes.com/2013/08/16/us/nsa-often-broke-rules-on-pri vacy-audit-shows.html?hp&_r=2& . Gallagher , Ryan , “U.N. Free-Speech Envoy Blasts ‘Extremely Former NSA contractor Edward Snowden released an in - Disturbing’ Government Mass Surveillance,” Slate , June 7, ternal NSA audit that showed the agency violated privacy 2013 , www.slate.com/blogs/future_tense/2013/06/05/ rules 2,776 times over a one-year period. mass_surveillance_tools_u_n_report_slams_governments_ use_of_monitoring_technologies.html . Timberg , Craig , and Cecilia Kang , “Tech companies urge A U.N. report outlines privacy concerns about mass-surveillance U.S. to ease secrecy rules on national security probes,” technologies. The Washington Post , June 11, 2013 , www.washington post.com/business/technology/tech-companies-urge-us- Perez , Evan , “Documents shed light on U.S. surveillance to-ease-secrecy-rules-on-national-security-probes/2013/ programs,” CNN , Aug. 9, 2013 , www.cnn.com/2013/08/ 06/11/01c489d2-d2bd-11e2-9f1a-1a7cdee20287_story.html . 09/politics/nsa-documents-scope . Google, Facebook and other technology companies call for The Obama administration reveals that the National Secu - greater transparency in government surveillance programs in rity Agency (NSA) monitors 1.6 percent of the world’s daily an effort to stanch damage to their reputations. Internet traffic. Surveillance Technology Tracy , Thomas , “Lawsuit asks federal judge to end NYPD’s surveillance of Muslims,” New York Daily News , June 18, Priest , Dana , “Government Surveillance Spurs Americans 2013 , www.nydailynews.com/new-york/suit-calls-nypd- to Fight Back,” The Washington Post , Aug. 14, 2013 , www. surveillance-muslims-article-1.1376051 . washingtonpost.com/lifestyle/style/government-surveil Civil rights advocates call for an end to the NYPD’s surveil - lance-spurs-americans-to-fight-back/2013/08/14/edea430 lance of Muslims, including having informants infiltrate mosques. a-0522-11e3-a07f-49ddc7417125_story.html . Designers are coming up with garments and gadgets that Congress help block electronic eavesdropping, evade facial recognition and thwart drones. Alberta , Tim , “Ron Paul Protégé Leads Revolution Over Surveillance in Congress,” National Journal , July 25, Soldatov , Andrei , and Irina Borogan , “5 Russian-Made 2013 , www.nationaljournal.com/politics/ron-paul-protege- Surveillance Technologies Used in the West,” Wired , May leads-revolution-over-surveillance-in-congress-20130725 . 10, 2013 , www.wired.com/dangerroom/2013/05/russian- A libertarian representative from Michigan forges ties with surveillance-technologies /. liberal Democrats to take on the Republican establishment The United States and other Western countries are buying and the White House. Russian technology for data grabbing and voice and facial recognition. Dilania , Ken , and Michael A. Memoli , “House rejects lim - its on NSA collection of phone records,” Los Angeles Times , CITING CQ RESEARCHER July 24, 2013 , www.latimes.com/news/nationworld/nation/ Sample formats for citing these reports in a bibliography la-na-congress-nsa-20130725,0,6938891.story . A bipartisan amendment to the annual defense appropri - include the ones listed below. Preferred styles and formats ations bill seeking to curtail the NSA’s collection of phone vary, so please check with your instructor or professor. call records failed narrowly. MLA STYLE Government Trust Jost, Kenneth. “Remembering 9/11.” CQ Researcher 2 Sept. 2011: 701-732. “Few See Adequate Limits on NSA Surveillance Program,” Pew Research Center for the People and the Press , July APA S TYLE 26, 2013 , www.people-press.org/2013/07/26/few-see- Jost, K. (2011, September 2). Remembering 9/11. CQ Re - adequate-limits-on-nsa-surveillance-program /. While a majority of Americans believe the U.S. government searcher, 9 , 701-732. does not have adequate limits on its data collection pro - CHICAGO STYLE gram, 50 percent nonetheless still approve of it. Jost, Kenneth. “Remembering 9/11.” CQ Researcher , Sep - Savage , Charlie , “N.S.A. Often Broke Rules on Privacy, tember 2, 2011, 701-732. Audit Shows” The New York Times , Aug. 16, 2013 , www.

www.cqresearcher.com Aug. 30, 2013 739 In-depth Reports on Issues in the News

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