logo
Weather page
GET THE APP
ePaper
google_play
app_store
  • Login
  • E-Edition
  • News
  • Sports
  • Obituaries
  • Opinion
  • Classifieds
    • Place an Ad
    • All Listings
    • Jobs
  • Special Sections
  • Photo Gallery
  • Contests
  • Lifestyle/Entertainment
  • Games
    • News
      • Local News
      • PA State News
      • Nation/World
    • Sports
      • Local
      • College Sports
      • State
      • National
    • Obituaries
    • Opinion
      • News
        • Local News
        • PA State News
        • Nation/World
      • Sports
        • Local
        • College Sports
        • State
        • National
      • Obituaries
      • Opinion
    logo
    • Classifieds
      • Place an Ad
      • All Listings
      • Jobs
    • E-Edition
    • Subscribe
    • Login
      • Classifieds
        • Place an Ad
        • All Listings
        • Jobs
      • E-Edition
      • Subscribe
      • Login
    Home Opinion The feds abuse surveillance
    The feds abuse surveillance
    Opinion, Сolumns
    SUSAN SHELLEY Tribune News Service  
    September 14, 2020

    The feds abuse surveillance

    It was secret, and now it’s public.

    In December, the secret Foreign Intelligence Surveillance Court issued an 83-page ruling that said the FBI improperly snooped on nearly 16,000 Americans by searching a database of electronic communications that the government collected without a warrant.

    The ruling was declassified and made public on Friday.

    The court said the FBI committed “widespread violations” of privacy protections that are supposed to prevent government agents from looking through information they have no court authorization to see.

    The FBI disagreed, arguing that its queries on all 16,000 people were “reasonably likely to return foreign-intelligence information or evidence of a crime.”

    The court said this position was “unsupportable,” except in the cases of seven individuals.

    For all the rest, the FBI had no legal authority to search through the emails or phone records or anything else that was scooped up in the warrantless surveillance programs.

    The formerly secret surveillance and a now-defunct bulk data collection program were first authorized by an executive action of President George W. Bush after the September 11, 2001, terrorist attacks. Since 2008, the warrantless wiretapping has been authorized by Section 702 of the FISA Amendments Act. The law lets the government collect emails and phone calls of noncitizens overseas. The trouble comes in when they are communicating with Americans.

    “The Court has previously assessed that requiring FBI personnel to document why a query involving a U.S.-person query term is reasonably likely to have returned foreign-intelligence information or evidence of crime before examining contents returned by the query,” the court wrote, should help “motivate FBI personnel to carefully consider” whether a query “satisfies” the standard.

    But it appears that the requirements were ignored. The FBI queried the database to vet sources, check up on individuals who applied for jobs as police officers, and learn more about a planned visit by foreign officials.

    Possibly this is one reason for last week’s decision by Attorney General William Barr to replace the head of the Justice Department’s national security Office of Law and Policy, Brad Wiegmann. This decision was “very alarming,” according to Katrina Mulligan, a former Obama administration official who worked in that office.

    Here’s something more alarming: one responsibility of the Office of Law and Policy is oversight of the FBI’s intelligence-gathering activities. If Wiegmann wasn’t making sure FBI agents limited their queries of warrantless-surveillance data related to Americans, what else did he fail to oversee?

    There have been a few “highly contentious matters” involving the FBI’s decision to investigate the Trump administration, for example.

    The FISA court approved the government’s submission of “reauthorization certificates and related procedures,” a now-annual requirement for the continuation of the program. Some of the procedures have been changed this year. The National Security Agency and the Central Intelligence Agency must provide certain “target-identifying information to the FBI.”

    There are also new procedures “regarding user-activity monitoring activities by the FBI, CIA and NSA.” The court said the procedures “as written” satisfy the requirements of the law and the Constitution.

    The general idea is to mask the identity of Americans whose conversations and communications are caught in the net of foreign intelligence surveillance, and the procedures are supposed to ensure that the data collected is not used for general snooping

    “As written,” the procedures should prevent that.

    The problem with warrantless surveillance and data collection is that secrecy hides abuses. There’s supposed to be oversight by the FISA court and by officials in the Justice Department. However, the FBI misled the FISA court and the official in charge of oversight has now been replaced.

    If not for the many investigations into the FBI’s intelligence-gathering activities, which were prompted by the Bureau’s decision to investigate the Trump campaign in the summer before the 2016 election, we would never know about the routine, careless disregard of the Fourth Amendment’s guarantee against unreasonable searches.

    If you had qualms about the government’s post-9/11 decision to keep us safe by collecting our electronic communications without a warrant, you had good reason for them.

    (Susan Shelley is an editorial writer and columnist for the Southern California News Group.)

    Tags:

    central intelligence agency data collection fbi fisa court institutes law ministries national security agency politics program surveillance

    The Bradford Era

    Local & Social
    Latest news for you
    Isolated Torrey pine populations yield insights into genetic diversity
    Nation & World, PA State News
    Isolated Torrey pine populations yield insights into genetic diversity
    June 15, 2025
    UNIVERSITY PARK — Entire regions of trees are disappearing because of invasive pests, disease and a changing climate. The key to their ability to adap...
    Read More...
    Pa. charter school CEOs earn more money than superintendents and oversee fewer students
    PA State News
    Pa. charter school CEOs earn more money than superintendents and oversee fewer students
    By OLIVER MORRISON  pennlive.com 
    June 15, 2025
    HARRISBURG (TNS) — Brad Hatch grew up near Altoona and started his career as a teacher in the local school district, working his way up to assistant p...
    Read More...
    Pa. is supposed to ‘immediately’ suspend teachers charged with serious crimes. That doesn’t always happen.
    PA State News
    Pa. is supposed to ‘immediately’ suspend teachers charged with serious crimes. That doesn’t always happen.
    June 14, 2025
    PHILADELPHIA (TNS)— For months after he was arrested in March 2024 on charges of masturbating in a Montgomery County cemetery, Matthew Gagat continued...
    Read More...
    No Kings rally in Veterans Square
    Local News, Nation & World
    No Kings rally in Veterans Square
    By SAVANNAH BARR s.barr@bradfordera.com 
    June 14, 2025
    Veterans Square was packed Saturday afternoon as residents came together to express their discontent with the current administration during the local ...
    Read More...
    {"newsletter-daily-headlines":"Daily Headlines", "newsletters":"Newsletters", "to-print":"To print", "bradfordera-website":"Website"}
    Advocates, lawmakers push to limit solitary confinement in Pa. prisons
    Advocates, lawmakers push to limit solitary confinement in Pa. prisons
    June 14, 2025
    HARRISBURG (TNS) — Reform advocates are making another push to limit the use of solitary confinement in Pennsylvania prisons and jails, a long-running...
    Read More...
    {"bradfordera-website":"Website"}
    Varischetti Game to Showcase Local Players June 27
    Local Sports
    Varischetti Game to Showcase Local Players June 27
    Jo Wankel 
    June 14, 2025
    BROCKWAY - The 10th Annual Frank Varischetti All-Star Football game is slated for the end of the month, and several area players were recognized for t...
    Read More...
    ePaper
    google_play
    app_store
    This Week's Ads
    Current e-Edition
    ePaper
    google_play
    app_store
    Already a subscriber? Click the image to view the latest e-edition.
    Don't have a subscription? Click here to see our subscription options.
    Mobile App

    Download Now

    The Bradford Era mobile app brings you the latest local breaking news, updates, and more. Read the Bradford Era on your mobile device just as it appears in print.

    ePaper
    google_play
    app_store
    Trending Recipes

    Help Our Community

    Please help local businesses by taking an online survey to help us navigate through these unprecedented times. None of the responses will be shared or used for any other purpose except to better serve our community. The survey is at: www.pulsepoll.com $1,000 is being awarded. Everyone completing the survey will be able to enter a contest to Win as our way of saying, "Thank You" for your time. Thank You!

    Get in touch with The Bradford Era
    Submit Content
    • Submit News
    • Letter to the Editor
    • Place Wedding Announcement
      • Submit News
      • Letter to the Editor
      • Place Wedding Announcement
    Advertise
    • Place Birth Announcement
    • Place Anniversary Announcement
    • Place Obituary Call (814) 368-3173
      • Place Birth Announcement
      • Place Anniversary Announcement
      • Place Obituary Call (814) 368-3173
    Subscribe
    • Start a Subscription
    • e-Edition
    • Contact Us
      • Start a Subscription
      • e-Edition
      • Contact Us
    CMG | Community Media Group
    Illinois
    • Hancock Journal-Pilot
    • Iroquois Times-Republic
    • Journal-Republican
    • The News-Gazette
      • Hancock Journal-Pilot
      • Iroquois Times-Republic
      • Journal-Republican
      • The News-Gazette
    Indiana
    • Fountain Co. Neighbor
    • Herald Journal
    • KV Post News
    • Newton Co. Enterprise
    • Rensselaer Republican
    • Review-Republican
      • Fountain Co. Neighbor
      • Herald Journal
      • KV Post News
      • Newton Co. Enterprise
      • Rensselaer Republican
      • Review-Republican
    Iowa
    • Atlantic News Telegraph
    • Audubon Advocate-Journal
    • Barr’s Post Card News
    • Burlington Hawk Eye
    • Collector’s Journal
    • Fayette County Union
    • Ft. Madison Daily Democrat
    • Independence Bulletin-Journal
    • Keokuk Daily Gate City
    • Oelwein Daily Register
    • Vinton Newspapers
    • Waverly Newspapers
      • Atlantic News Telegraph
      • Audubon Advocate-Journal
      • Barr’s Post Card News
      • Burlington Hawk Eye
      • Collector’s Journal
      • Fayette County Union
      • Ft. Madison Daily Democrat
      • Independence Bulletin-Journal
      • Keokuk Daily Gate City
      • Oelwein Daily Register
      • Vinton Newspapers
      • Waverly Newspapers
    Michigan
    • Iosco County News-Herald
    • Ludington Daily News
    • Oceana’s Herald-Journal
    • Oscoda Press
    • White Lake Beacon
      • Iosco County News-Herald
      • Ludington Daily News
      • Oceana’s Herald-Journal
      • Oscoda Press
      • White Lake Beacon
    New York
    • Finger Lakes Times
    • Olean Times Herald
    • Salamanca Press
      • Finger Lakes Times
      • Olean Times Herald
      • Salamanca Press
    Pennsylvania
    • Bradford Era
    • Clearfield Progress
    • Courier Express
    • Free Press Courier
    • Jeffersonian Democrat
    • Leader Vindicator
    • Potter Leader-Enterprise
    • The Wellsboro Gazette
      • Bradford Era
      • Clearfield Progress
      • Courier Express
      • Free Press Courier
      • Jeffersonian Democrat
      • Leader Vindicator
      • Potter Leader-Enterprise
      • The Wellsboro Gazette
    © Copyright The Bradford Era 43 Main St, Bradford, PA  | Terms of Use  | Privacy Policy
    Powered by TECNAVIA