Fusion centers. See Something, Say Something. Red flag laws. Behavioral threat assessments. Terror watch lists. Facial recognition. Snitch tip lines. Biometric scanners. Pre-crime. DNA databases. Data mining. Precognitive technology. Contact tracing apps.
These are all part and parcel of the widening surveillance dragnet that the government has used and abused in order to extend its reach and its power.
The COVID-19 pandemic has succeeded in acclimating us even further to being monitored, tracked and reported for so-called deviant or undesirable behavior.
Consequently, we now live in a society in which a person can be accused of any number of crimes without knowing what exactly he has done. He might be apprehended in the middle of the night by a roving band of SWAT police. He might find himself on a no-fly list, unable to travel for reasons undisclosed. He might have his phones or internet tapped based upon a secret order handed down by a secret court, with no recourse to discover why he was targeted.
This Kafkaesque nightmare has become America's reality.
Despite the fact that its data snooping has been shown to be ineffective at detecting, let alone stopping, any actual terror attacks, the government continues to operate its domestic spying programs largely in secret, carrying out warrantless mass surveillance on hundreds of millions of Americans' phone calls, emails, text messages and the like.
The question of how to deal with government agencies and programs that operate outside of the system of checks and balances established by the Constitution forces us to contend with a deeply unsatisfactory and dubious political "solution" to a problem that operates beyond the reach of voters and politicians: how do you hold accountable a government that lies, cheats, steals, sidesteps the law, and then absolves itself of wrongdoing?
Certainly, the history and growth of the NSA tracks with the government's insatiable hunger for ever-great powers.
Since its official start in 1952, when President Harry S. Truman issued a secret executive order establishing the NSA as the hub of the government's foreign intelligence activities, the agency -- nicknamed "No Such Agency" -- has operated covertly, unaccountable to Congress all the while using taxpayer dollars to fund its secret operations. It was only when the agency ballooned to 90,000 employees in 1969, making it the largest intelligence agency in the world with a significant footprint outside Washington, DC, that it became more difficult to deny its existence.
In the aftermath of Watergate in 1975, the Senate held meetings under the Church Committee in order to determine exactly what sorts of illicit activities the American intelligence apparatus was engaged in under the direction of President Nixon, and how future violations of the law could be stopped. It was the first time the NSA was exposed to public scrutiny since its creation.
The investigation revealed a sophisticated operation whose surveillance programs paid little heed to such things as the Constitution. For instance, under Project SHAMROCK, the NSA spied on telegrams to and from the U.S., as well as the correspondence of American citizens. Moreover, as the Saturday Evening Post reports, "Under Project MINARET, the NSA monitored the communications of civil rights leaders and opponents of the Vietnam War, including targets such as Martin Luther King, Jr., Mohammed Ali, Jane Fonda, and two active U.S. Senators. The NSA had launched this program in 1967 to monitor suspected terrorists and drug traffickers, but successive presidents used it to track all manner of political dissidents."
Senator Frank Church (D-Ida.), who served as the chairman of the Select Committee on Intelligence that investigated the NSA, understood only too well the dangers inherent in allowing the government to overstep its authority in the name of national security. Church recognized that such surveillance powers "at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn't matter. There would be no place to hide."
Noting that the NSA could enable a dictator "to impose total tyranny" upon an utterly defenseless American public, Church declared that he did not "want to see this country ever go across the bridge" of constitutional protection, congressional oversight and popular demand for privacy. He avowed that "we," implicating both Congress and its constituency in this duty, "must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.
The result was the passage of the Foreign Intelligence Surveillance Act (FISA), and the creation of the FISA Court, which was supposed to oversee and correct how intelligence information is collected and collated. The law requires that the NSA get clearance from the FISA Court, a secret surveillance court, before it can carry out surveillance on American citizens. Fast forward to the present day, and the so-called solution to the problem of government entities engaging in unjustified and illegal surveillance -- the FISA Court -- has unwittingly become the enabler of such activities, rubber-stamping almost every warrant request submitted to it.
The 9/11 attacks served as a watershed moment in our nation's history, ushering in an era in which immoral and/or illegal government activities such as surveillance, torture, strip searches, SWAT team raids are sanctioned as part of the quest to keep us "safe."
In the wake of the 9/11 attacks, George W. Bush secretly authorized the NSA to conduct warrantless surveillance on Americans' phone calls and emails. That wireless wiretap program was reportedly ended in 2007 after the New York Times reported on it, to mass indignation.
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