KGB to FBI.Book

PLATO’S DREAMS REALIZED PLATO’S DREAMS REALIZED Surveillance and Citizen Rights from KGB to FBI Alexander V. Avakov Algora Publishing New York © 2006 by Algora Publishing. All Rights Reserved www.algora.com No portion of this book (beyond what is permitted by Sections 107 or 108 of the United States Copyright Act of 1976) may be reproduced by any process, stored in a retrieval system, or transmitted in any form, or by any means, without the express written permission of the publisher. ISBN-13: 978-0-87586-494-5 (trade paper) ISBN-13: 978-0-87586-495-2 (hard cover) ISBN-13: 978-0-87586-496-9 (ebook) Library of Congress Cataloging-in-Publication Data — Avakov, Aleksandr V. (Aleksandr Vladimirovich), 1954- Plato's dreams realized: surveillance and citizen rights from KGB to FBI / Alexander V. Avakov. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-87586-494-5 (trade paper: alk. paper) ISBN-13: 978-0-87586-495-2 (hard cover: alk. paper) ISBN-13: 978-0-87586-496-9 (ebook) 1. Human rights. 2. Freedom of expression. 3. Internal security. 4. Civil rights— Soviet Union. 5. Civil rights—United States. 6. Avakov, Aleksandr V. (Aleksandr Vladimirovich), 1954- 7. Dissenters—Soviet Union—Biography. I. Title. K3240.A92 2007 341.4'8—dc22 2006025958 Front Cover: GEORGE W. BUSH MEETS VLADIMIR PUTIN IN SLOVENIA. Original caption: U.S. President George W. Bush (L) shakes hands with Russian President Vladimir Putin at Brdo castle in Slovenia, June 16, 2001. The former Texas oilman and the one- time KGB spy were expected to discuss a series of thorny issues including U.S. missile defence plans, weapons proliferation, NATO enlargement and hot spots like the Middle East and the Balkans. REUTERS/Michael Leckel Image: © Reuters/CORBIS Printed in the United States TABLE OF CONTENTS INTRODUCTION: THE SPELL OF PLATO 1 1. THE SUBJECTIVE: US INTELLIGENCE GREETS A SOVIET DISSIDENT 3 INTRODUCTION: THE FBI WAS INTERESTED IN ME 3 FAMILY AND CHILDHOOD 3 YOUTH: ENTHUSIASM FOR ECONOMICS AND PHILOSOPHY 5 AT THE UNIVERSITY: YURA YUDKEVICH REFUSES TO TAKE THE MILITARY OATH OF ALLEGIANCE 5 LEAFLETS: PSYCHOLOGICAL MOTIVATOR AND CONVICTIONS 6 COMMENTARY ON THE LEAFLETS 8 INVESTIGATION AND TRIAL. ENCOUNTER WITH THE COMMITTEE FOR STATE SECURITY (KGB) 10 AT THE CAMP: MY HORIZONS EXPAND 12 AFTER CAMP: A MORE DANGEROUS AND MORE INTERESTING LIFE 14 LIFE IN THE US: WE ARE REAGANITES 16 LIFE AFTER 1987 17 WHAT’S NEXT? 17 2. IS THERE A PROBLEM OF RIGHTS VS. THE NATIONAL SECURITY STATE IN AMERICA? 19 2.1 IN LIEU OF AN EPIGRAPH 19 2.2 MYTH AND REALITY 20 A Political Refugee as an Object of the Attention of US Intelligence 20 A Myth Existing Outside of the USA 20 Freedom of Information/Privacy Act 20 The Request to the Washington Headquarters of the FBI 20 What Does “Disloyal Person” Mean? 21 The Request to the Local Organization of the FBI 22 The Appeal to the FBI 22 The Request to the CIA 22 The Role of the CIA 22 2.3 WHY IS THERE A QUESTION ABOUT ELECTRONIC SURVEILLANCE? 24 Practical Side of the Issue 24 “Spiderweb” 24 Missing Pages 25 vii Plato’s Dreams Realized A Phantom Court 25 Innovative Surveillance Methods Used by the Government 26 Did September 11 Render Human Rights Concerns Obsolete? 26 What is in Dispute 30 We Do Not Recognize What is in Front of Us 30 Meltdown 31 2.4 POLITICAL SPYING IN THE US 32 Dynamics of Political Spying 32 Transgressions of the 18th Century 33 Undercover Surveillance in the 19th Century 33 Undercover Surveillance in the Beginning of the 20th Century 34 Emergence of Organized Political Spying 35 The Intelligence Culture 39 Rationale for Political Spying 40 Political Spying since the Outset of the Cold War 42 Political Spying in the 1950s 44 Political Spying in the 1960s 47 Political Spying in the 1970s 51 Political Spying in the 1980s 56 Political Spying in the 1990s 59 Political Spying and Rights in the 2000s 60 Lessons of History: State Political Directorate 80 Parallels between the KGB and FBI 81 Additional Political Targets 81 Censorship of Information Related to National Security 81 Do We Need Less Control Over Intelligence in the Wake of 9/11? 82 2.5 THE ART OF SURVEILLANCE IN THE UNITED STATES 83 Definition of Surveillance 83 Tailing 83 Opening of Postal Mail 84 Surreptitious Entry 84 Listening through Walls 84 Seeing through Walls 85 Listening to Conversations Far Away 85 Wiretapping and Eavesdropping (Bugging) 86 Room Surveillance through a Telephone 88 Cellular Interception 88 FAX Interception 88 Pager Interception 89 Tracking 89 Optics 89 Night Vision Options 90 Video-Recorded Surveillance 90 Naked Machine 90 Closed Circuit TV 91 Covert Pinhole Lens 91 Surveillance of Personal Computers 92 viii Table of Contents Surveillance of Electronic Communications 94 What It Is Not 95 Summary of Surveillance Methods 95 How All Encompassing Can Surveillance Be? 95 Countermeasures 96 PSYOPs 96 2.6 THE FOREIGN INTELLIGENCE SURVEILLANCE COURT 96 The Legal History of Surveillance of Private Communications in the USA 96 The Legal History of Electronic Surveillance in the USA 96 Origins of the Foreign Intelligence Surveillance Court 102 National Security Letters 105 Emergency Foreign Intelligence Warrants 106 Surveillance without Court Orders 106 Surveillance in the Case of War 106 Exploitation of September 11 to Expand Government Powers 107 Scope of Surveillance since September 11 107 Surveillance of Privileged Communications 107 Expansion of Roving Wiretaps 108 Circumventing the Bill of Rights 108 The Consequences of the Existence of FISC 109 Recent Changes to FISA Probable Cause 109 Sharing of Sensitive Criminal and Foreign Intelligence Information 110 Permanent Provisions of the USA-PATRIOT Act 111 Totalitarian “Patriotism” as a Replacement for Formal Laws 111 FISA as a Domestic Intelligence Act 112 2.7 INTERCEPTING AMERICANS’ COMMUNICATIONS WITH THE OUTSIDE WORLD: NATIONAL SECURITY AGENCY 113 Birth of the National Security Agency 113 Function of the NSA 113 Domestic Espionage 114 Espionage over US Residents Abroad 114 Subversion of the Very Idea of Court Warrants for International Communications 114 2.8 DOMESTIC SURVEILLANCE BY THE NSA 115 An Alternative Interpretation of the Reports About Warrantless NSA Surveillance 115 Domestic Surveillance by the NSA 115 Domestic NSA Surveillance Mocks the Debate over USA-PATRIOT Act 115 Domestic NSA Surveillance as Massive Dragnet Surveillance 116 The Emergence of A Three-Tiered Surveillance System 116 2.9 WIRETAPPING THE WHOLE WORLD: ECHELON 117 What is ECHELON? 117 ECHELON’s Design 117 ECHELON’s Targets 118 Commercial Espionage 118 ECHELON and Civil Liberties 119 ix Plato’s Dreams Realized 2.10 USE OF FOREIGN INTELLIGENCE AGENCIES TO CIRCUMVENT RESTRICTIONS ON POLITICAL SPYING 119 Use of ECHELON 119 Use of Mossad 120 2.11 STATISTICS ABOUT ELECTRONIC SURVEILLANCE IN THE US 121 2.12 POSSIBLE DANGERS 123 Existing Outlooks on the State and Future of Privacy 123 Surveillance Society 124 Erosion of Privacy as an Issue of Social Control 124 Is the Nature of Surveillance Changed? 125 Is This Really Important for an Average Person? 125 The Old Warning 126 Corporate Surveillance 126 A New Totalitarian Paradigm 128 2.13 WHAT MUST WE DEMAND? 129 Historical Precedents Showing the Necessity of Proper Judicial Oversight for Electronic Surveillance 129 Constructive Suggestions for Protection of the First Amendment 130 Constructive Suggestions for the Protection of Privacy 131 2.14 MEANS TO ACHIEVE THE AIM 133 Formal Judicial Challenge 133 A Politically Popular Interpretation of the Constitution 133 An Alternative Opinion about the Meaning of the Constitution: Intent of the Framers 133 An Alternative Opinion about the Meaning of the Constitution: Popular Will 134 Proposed 28th and 29th Amendments 134 2.15 CONCLUSION 135 3. PHILOSOPHY OF RIGHTS 137 3.1 THE RELATIONSHIP BETWEEN MORALITY AND LAW 137 A Question about Constitutional Rights 137 Distinguishing Descriptive and Normative Claims 138 Law as a Category of Social Mediation between Facts and Norms 138 Ethical Relativism 138 Utilitarianism 139 Intrinsic and Instrumental Value 139 Acts versus Rules 139 Deontological Theories 139 Rights as Moral Issue 140 Rights and Social Contract Theories 141 Rawlsian Justice 141 Virtue Ethics 142 Individual and Social Policy Ethics 142 Changes in Commonly Accepted Ethics and Morals over Time 143 3.2 THE NATURE OF RIGHTS 143 Definition of Rights 143 x Table of Contents Natural and Positive Law 144 A Modified Theory of Natural Law 144 Legal Validity of Law 145 Are Rights a Reality or an Illusion? 146 Rights as a Normative Value 146 Individualism and Community in Moral Context 147 Rights and Responsibilities 148 Rights and Material Interests 148 Axiomatic Foundation of Rights 149 3.3 DIFFERENCES BETWEEN LAW AND MORALITY 149 A Question about the Justification for Changes in the Legal System 149 Positivism and Anti-Positivism 149 Basis for Positivistic Position 150 Is “Morality” a Jurisprudentially Neutral Term? 150 Distinction between Law and Justice 152 3.4 WHY ARE RIGHTS IMPORTANT? 152 Concern for Rights as a Trait of Modern Times 152 The Key Argument about the Value of Rights 153 Connection of the Key Argument to Classical Political Theory 153 Resume of the Value of Rights 154 3.5 CATEGORIES OF RIGHTS 154 Fundamental Rights 154 Due Process of Law 154 Rights of Non-Citizens on the Territory of the United States 156 3.6 CATEGORIES OF PRIVACY 156 An Anthropological View 156 A Connection between Rights and the Concept of Privacy 157 Without Privacy there is no Autonomy of Person, and Without Autonomy there is no Freedom

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