Illegal Surveillance: A Real Security Threat
by
James Bovard
by James Bovard
Americans seem to have forgotten
why the Founding Fathers prohibited government from spying on them.
Public opinion polls show that a rising percentage of Americans
approve of the warrantless National Security Agency wiretaps of
Americans that Bush ordered.
But such blind faith in government
simply ignores the lessons of U.S. history. When the feds have unleashed
themselves in the past, many innocent Americans lives were
devastated.
During the 1960s and 1970s,
the FBI carried out thousands of Counter Intelligence Program (COINTELPRO)
operations, often combining illegal surveillance with efforts to
subvert any opposition to the government. Covert FBI efforts sought
to incite street warfare between violent groups, wreck marriages,
portray innocent people as government informants, sic the IRS on
citizens, and cripple or destroy left-wing, black, communist, or
other organizations.
The FBI inflicted its wrath
on speakers, teachers, and writers. A 1976 Senate report noted hundreds
of COINTELPRO operations aimed to get university and high-school
teachers fired; to prevent targets from speaking on campus; to stop
chapters of target groups from being formed; to prevent the distribution
of books, newspapers, or periodicals; to disrupt news conferences;
to disrupt peaceful demonstrations.
The FBI smeared anyone they
disapproved of, from Martin Luther King on down. In 1968 the FBI
ordered field offices to gather information illustrating the scurrilous
and depraved nature of many of the characters, activities, habits,
and living conditions representative of New Left adherents.
FBI headquarters commanded all FBI agents, Every avenue of
possible embarrassment must be vigorously and enthusiastically explored.
Many Americans have shrugged
off the recent controversy over illegal wiretaps because they assume
that the government would never be concerned with people like themselves.
But the FBI continually expanded its enemies list. Nixon aide Tom
Charles Huston testified to Congress about COINTELPROs tendency
to move from the kid with a bomb to the kid with a picket
sign, and from the kid with the picket sign to the kid with the
bumper sticker of the opposing candidate. And you just keep going
down the line.
Boundless federal spying on
Americans fundamentally changes the relation of the government to
the people. The FBIs efforts struck fear not only in average
Americans but also in the members of Congress, who were supposed
to oversee and check the FBIs uses of its power. The House
majority leader, Hale Boggs, explained in 1971, Freedom of
speech, freedom of thought, freedom of action for men in public
life can be compromised quite as effectively by the fear of surveillance
as by the fact of surveillance.
Other federal agencies also
trampled citizens privacy, rights, and lives during the late
1960s and early 1970s. The IRS used COINTELPRO leads to launch audits
against thousands of suspected political enemies of the Nixon administration.
The U.S. Army set up its own surveillance program, creating files
on 100,000 Americans and targeting domestic organizations such as
the Young Americans for Freedom, the John Birch Society, and the
Anti-Defamation League of Bnai Brith.
Many of these operations
like the current NSA wiretapping scorned the Bill of Rights.
The Fourth Amendment protects Americans against unreasonable
searches and seizures and requires that government agents
have a warrant based on probable cause issued by a magistrate particularly
describing the place to be searched, and the persons or things to
be seized before intruding. The purpose of the Fourth Amendment
was to prevent government officials from having dictatorial
power over the streets and elsewhere to restrain the
arbitrary power of officials vested with the coercive power of the
state.
Federal
Judge Gerhard Gesell, in a 1974 ruling on illegal Nixon administration
searches, observed, The American Revolution was sparked in
part by the complaints of the colonists against the issuance of
writs of assistance, pursuant to which the kings revenue officers
conducted unrestricted, indiscriminate searches of persons and homes
to uncover contraband. Unfortunately, the revolutionary spirit
now animating Washington is fighting to replace the right to privacy
with the right to intrude.
If Americans permit their rulers
to intercept their phone calls and email messages, then is there
any abuse that people will not accept from Washington? Does the
fact that someone works for the government automatically entitled
him to know what his neighbors are saying and thinking? If
Americans permit the feds to exempt themselves from the law, then
the only freedom left in this country will be freedom to obey and
applaud politicians, no matter what they say or do.
Illegal wiretaps will pave
the way for other government crimes. The more information government
gathers on people, the more power it will have over them. The more
expansive and secretive government intrusions become, the easier
it becomes for government to rule by fear.
February
28, 2006
James Bovard
[send him mail] is the author
of the just-released Attention
Deficit Democracy, The
Bush Betrayal, and Terrorism
& Tyranny: Trampling Freedom, Justice, and Peace to Rid the
World of Evil. He serves as a policy advisor for The
Future of Freedom Foundation.
Copyright ©
2006 The Future of Freedom Foundation
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