[News] Killing Democracy One File at a Time: Justice Department Loosens FBI Domestic Spy Guidelines
Anti-Imperialist News
news at freedomarchives.org
Sun Jun 19 17:38:55 EDT 2011
Sunday, June 19, 2011
http://antifascist-calling.blogspot.com/
<http://antifascist-calling.blogspot.com/2011/06/killing-democracy-one-file-at-time.html>Killing
Democracy One File at a Time: Justice Department Loosens FBI Domestic
Spy Guidelines
While the Justice Department is criminally inept, or worse, when it
comes to prosecuting
<http://www.rollingstone.com/politics/news/the-people-vs-goldman-sachs-20110511>corporate
thieves who looted, and continue to loot, trillions of dollars as
capitalism's economic crisis accelerates, they are extremely adept at
waging war on dissent.
Last week, <http://www.nytimes.com/2011/06/13/us/13fbi.html>The New
York Times disclosed that the FBI "is giving significant new powers
to its roughly 14,000 agents, allowing them more leeway to search
databases, go through household trash or use surveillance teams to
scrutinize the lives of people who have attracted their attention."
Under "constitutional scholar" Barack Obama's regime, the Bureau will
revise its "Domestic Investigations and Operations Guide." The "new
rules," Charlie Savage writes, will give agents "more latitude" to
investigate citizens even when there is no evidence they have
exhibited "signs of criminal or terrorist activity."
As the Bill of Rights Defense Committee (<http://bordc.org/>BORDC)
recently pointed out, "When presented with opportunities to protect
constitutional rights, our federal government has consistently failed
us, with Congress repeatedly rubber-stamping the executive authority
to violate civil liberties long protected by the Constitution."
While true as far it goes, it should be apparent by this late date
that no branch of the federal government, certainly not Congress or
the Judiciary, has any interest in limiting Executive Branch power to
operate lawlessly, in secret, and without any oversight or
accountability whatsoever.
Just last week,
<http://www.nytimes.com/2011/06/16/us/politics/16cole.html>The New
York Times revealed that the Bush White House used the CIA "to get"
academic critic Juan Cole, whose <http://www.juancole.com/>Informed
Comment blog was highly critical of U.S. imperial adventures in Iraq
and Afghanistan.
The former CIA officer and counterterrorism official who blew the
whistle and exposed the existence of a Bush White House "enemies
list,", Glenn L. Carle, told the Times, "I couldn't believe this was
happening. People were accepting it, like you had to be part of the team."
Ironically enough, the journalist who broke that story, James Risen,
is himself a target of an Obama administration witchhunt against
whistleblowers. Last month, Risen was issued a grand jury subpoena
that would force him to reveal the sources of his 2006 book, State of War.
These latest "revisions" will expand the already formidable
investigative powers granted the Bureau by former Attorney General
Michael B. Mukasey.
Three years ago,
<http://www.washingtonpost.com/wp-dyn/content/article/2008/10/03/AR2008100303501.html>The
Washington Post informed us that the FBI's new "road map" permits
agents "to recruit informants, employ physical surveillance and
conduct interviews in which agents disguise their identities" and can
pursue "each of those steps without any single fact indicating a
person has ties to a terrorist organization."
Accordingly, FBI "assessments" (the precursor to a full-blown
investigation) already lowered by the previous administration will,
under Obama, be lowered still further in a bid to "keep us
safe"--from our constitutional rights.
The Mukasey guidelines, which created the "assessment" fishing
license handed agents the power to probe people and organizations
"proactively" without a shred of evidence that an individual or group
engaged in unlawful activity.
In fact, rather than relying on a reasonable suspicion or allegations
that a person is engaged in criminal activity, racial, religious or
political profiling based on who one is or on one's views, are the
basis for secretive "assessments."
Needless to say, the presumption of innocence, the bedrock of a
republican system of governance based on the rule of law, like the
right to privacy, becomes one more "quaint" notion in a National
Security State. In its infinite wisdom, the Executive Branch has
cobbled together an investigative regime that transforms anyone, and
everyone, into a suspect; a Kafkaesque system from which there is no
hope of escape.
Under Bushist rules, snoops were required to open an inquiry "before
they can search for information about a person in a commercial or law
enforcement database," the Times reported. In other words, somewhere
in the dank, dark bowels of the surveillance bureaucracy a paper
trail exists that just might allow you to find out your rights had
been trampled.
But our "transparency" regime intends to set the bar even lower.
Securocrats will now be allowed to rummage through commercial
databases "without making a record about their decision."
The ACLU's Michael German, a former FBI whistleblower, told the Times
that "claiming additional authorities to investigate people only
further raises the potential for abuse."
Such abuses are already widespread. In 2009 for example, the
<http://www.aclu.org/national-security/aclu-challenges-defense-department-personnel-policy-regard-lawful-protests-%E2%80%9Clow-le>ACLU
pointed out that "Anti-terrorism training materials currently being
used by the Department of Defense (DoD) teach its personnel that free
expression in the form of public protests should be regarded as 'low
level terrorism'."
As I
<http://antifascist-calling.blogspot.com/2009/05/fbis-department-of-precrime.html>reported
in 2009, citing a
<https://www.eff.org/issues/foia/investigative-data-warehouse-report>report
by the Electronic Frontier Foundation (<https://www.eff.org/>EFF),
the Bureau's massive Investigative Data Warehouse (IDW), is a
data-mining Frankenstein that contains more "searchable records" than
the Library of Congress.
EFF researchers discovered that "In addition to storing vast
quantities of data, the IDW provides a content management and data
mining system that is designed to permit a wide range of FBI
personnel (investigative, analytical, administrative, and
intelligence) to access and analyze aggregated data from over fifty
previously separate datasets included in the warehouse."
Accordingly, "the FBI intends to increase its use of the IDW for
'link analysis' (looking for links between suspects and other
people--i.e. the Kevin Bacon game) and to start 'pattern analysis'
(defining a 'predictive pattern of behavior' and searching for that
pattern in the IDW's datasets before any criminal offence is
committed--i.e. pre-crime)."
Once new FBI guidelines are in place, and congressional grifters have
little stomach to challenge government snoops as last month's
disgraceful "debate" over renewing three repressive provisions of the
USA Patriot Act attest, "low-level" inquiries will be all but
impossible to track, let alone contest.
Despite a dearth of evidence that dissident groups or religious
minorities, e.g., Muslim-Americans have organized violent attacks in
the heimat, the new guidelines will permit the unlimited deployment
of "surveillance squads" that "surreptitiously follow targets."
In keeping with the Bureau's long-standing history of employing paid
informants and agents provocateurs such as
<http://antifascist-calling.blogspot.com/2009/01/betrayed-fbi-provocateur-sets-up-anti.html>Brandon
Darby and a host of others, to infiltrate and disrupt organizations
and foment violence, rules governing "'undisclosed participation' in
an organization by an F.B.I. agent or informant" will also be loosened.
The Times reports that the revised manual "clarifies a description of
what qualifies as a "sensitive investigative matter"--investigations,
at any level, that require greater oversight from supervisors because
they involve public officials, members of the news media or academic scholars."
According to the Times, the manual "clarifies the definition of who
qualifies for extra protection as a legitimate member of the news
media in the Internet era: prominent bloggers would count, but not
people who have low-profile blogs."
In other words, if you don't have the deep pockets of a corporate
media organization to defend you from a government attack, you're
low-hanging fruit and fair game, which of course, makes a mockery of
guarantees provided by the First Amendment.
As I
<http://antifascist-calling.blogspot.com/2011/05/secret-states-domestic-spying-on-rise.html>reported
last month, with requests for "National Security Letters" and other
opaque administrative tools on the rise, the Obama administration has
greatly expanded already-repressive spy programs put in place by the
previous government.
Will data extracted by the Bureau's Investigative Data Warehouse or
its new Data Integration and Visualization System retain a wealth of
private information gleaned from commercial and government databases
on politically "suspect" individuals for future reference? Without a
paper trail linking a person to a specific inquiry you'd have no way
of knowing.
Even should an individual file a Freedom of Information Act request
demanding the government turn over information and records pertaining
to suspected wrongdoing by federal agents, as Austin anarchist
<http://www.nytimes.com/2011/05/29/us/29surveillance.html>Scott Crow
did, since the FBI will not retain a record of preliminary inquiries,
FOIA will be hollowed-out and become, yet another, futile and
meaningless exercise.
And with the FBI relying on
<https://www.eff.org/press/archives/2011/05/19>secret legal memos
issued by the White House Office of Legal Counsel justifying
everything from unchecked access to internet and telephone records to
the deployment of government-sanctioned
<http://www.wired.com/politics/law/news/2007/07/fbi_spyware>malware
on private computers during "national security" investigations,
political and privacy rights are slowly being strangled.
Freedom Archives
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San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
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