ACLU Eyes Increased Domestic Surveillance
The following statement, slightly abridged, was
written by Laura W. Murphy, director of the national office of the
American Civil Liberties Union
American history is replete with examples
of law enforcement and intelligence organizations responding to a
national crisis or social upheaval by asking Congress for greater
freedom in how they can spy on American citizens and immigrants.
Generally, these requests come with the soothing promise: “Trust us,
we’re the government; we’ll only use these powers against the bad
guys.”
The Bush Administration’s defense of its new and frighteningly broad
anti-terrorism bill is being couched in exactly these terms.
Unfortunately, history has shown us that, more often that not, these
expansions of domestic surveillance powers are used to violate the
freedoms guaranteed to the American public by the Constitution and the
Bill of Rights.
In Bush’s anti-terrorism proposals, many of the provisions enhance the
power of the FBI to spy on Americans for “intelligence” as opposed to
criminal purposes. Other “information sharing” provisions direct
highly personal information about Americans into the hands of the CIA
and the Department of Defense, without meaningful restrictions on how
it is used or re-distributed. The historical record makes clear that
unchecked trust in the government to spy on its citizens responsibly
is misplaced. The following examples prove the point.
COINTELPRO: Created out of fear of growing social dissidence
and operating under a veil of secrecy, the FBI’s infamous Counter
Intelligence Program (COINTELPRO), created under Director J. Edgar
Hoover, harassed and spied on a vast number of peaceful social protest
groups. Few members of any of the groups targeted by COINTELPRO were
ever charged with a crime. The vast majority of the organizations and
individuals targeted for surveillance by the FBI and COINTELPRO were
avowedly non-violent. One of the most prominent public figures
investigated by the FBI and COINTELPRO was the Rev. Martin Luther King
Jr. In 1986, a federal court determined that COINTELPRO was
responsible for at least 204 burglaries; the use of 1,300 informants;
the theft of 12,600 documents; 20,000 illegal wiretap days and 12,000
bug days.
Stop Index: The FBI also abused its authority during the
Vietnam War, operating what it called a “stop index.” The Bureau used
its National Crime Information Center, comprised of a number of
computerized databases, to track and monitor the activities of
law-abiding citizens opposed to American involvement in the war.
CONUS: Possibly the most frightening abuse of power by a
government actor involved the military’s cold war era, the CONUS
(Continental US) program expanded its operations in the 1950s and
1960s. In violation of the American tradition of preventing the armed
forces from engaging in law enforcement and domestic surveillance, the
US military ran this cloak-and-dagger operation designed to monitor
civilian political activity and dissent. CONUS collected and
maintained files on upwards of 100,000 political activists and used
undercover operatives recruited from the Army to infiltrate these
activist groups and steal confidential information and files for
distribution to federal, state and local governments. In 1972, Justice
Douglas said, “This case is cancer in our body politic.”
Operation Chaos: During the social upheavals of the 1960s, the
CIA initiated “Operation Chaos” under which it spied on as many as
7,000 Americans involved in the peace movement. In clear violation of
its statutory mission to co-ordinate only foreign intelligence
operations, the agency ventured into the domestic spying business and
created its own version of COINTELPRO.
Filegate: In 1993-94, the Clinton White House improperly
received thousands of documents from the FBI, including private and
confidential information about members of the first Bush White House.
CISPES: In 1988, the FBI investigation into the Committee in
Solidarity with the People of El Salvador (CISPES) began to come to
light. The FBI’s own files seem to suggest that the investigation of
this group as a terrorist organization had been initiated solely on
political grounds.
In light of the September 11th attacks, the lessons of these
historical examples of inappropriate and unconstitutional domestic
surveillance are all the more relevant. We cannot let the FBI engage
again in a COINTELPRO-like operation against law-abiding American
citizens. We cannot let the CIA step outside its own charter and begin
surveillance inside American borders as it has in the past. And we
cannot let the military again engage in domestic espionage.
For further reading go to:
www.aclu.org/news.
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