Hidden between the salacious headlines about a prostitute patronizing governor, the release of a report by the Department of Justice seeped out. Apparently the government we have entrusted with our security, and with the legal, and moral, requirement to protect our privacy has been playing fast and loose with the second of those obligations. According to the report, the FBI was using National Security Letters (authorized under the USA PATRIOT Act for surveillance outside of usual 4th amendment protections and requirements) to spy on subject who they were not allowed to, forbidden by courts from monitoring or simply casting their net much wider than they had approval to do.
For those wondering how this ties to our current debate about providing telecoms with immunity for prosecution (the telecoms are who the FBI delivered these NSLs to and were then given people’s private records or access to wiretaps), The Senate has already approved such immunity while the House voted this week to pass surveillance legislation without telecom immunity. Bush has threatened a veto without this clause and there has been much discussion about this issue. What is interesting here is that our government, entrusted to protect us, has asked for powers to monitor us out side of its abilities and in violation of the constitution. As in the past (think Hoover administration, Files that showed up on the Clinton White House, etc.) we see that those given the ability to secretly monitor are abusing that privilege. When we discuss the concepts of domestic spying and why that must be done out the oversight, we should also ask who watches the watchers?
