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Subscribe to this list via RSS Blog posts tagged in surveillance

Posted by on in Surveillance

 

By Robert McCaw

How would Dr. Martin Luther King, Jr., have reacted to recent revelations that the U.S. government is collecting and storing nearly every citizen's phone records and gathering their electronic data?

From 1958 until his 1968 assassination, the FBI conducted extensive surveillance on Dr. King, amassing over 17,000 pages of material on his day-to-day activities.

Today King's legacy as a civil rights leader is celebrated; there is even a federal holiday named after him. But during his lifetime, the government tracked his movements, tapped his phones, bugged his offices and hotel rooms, and planted informants to spy on him. In addition, the FBI anonymously sent him a letter threatening to destroy his credibility and suggesting that he commit suicide to avoid this.

King was also separately targeted by an NSA domestic spying program called "Minaret." With others, including Muhammad Ali, Dr. King was labeled and watch-listed as a possible "domestic terrorist and foreign radical" suspect.

We know that Dr. King was aware of his constant surveillance and the threat that it posed to him, yet he continued to teach and promote the ideals of peaceful organizing and resistance, equality, fraternity, and freedom until his life was taken.

So how would he react to the recent disclosures that the NSA and FBI, along with the CIA, DEA, and even local law enforcement agencies like the NYPD are spying on U.S. citizens by collecting communication metadata and infiltrating public demonstrations, activist circles, and houses of worship?

Today Dr. King would be confronted with the Orwellian truth that we are all under surveillance, although some groups -- like American Muslims -- are under more scrutiny than others. However, whether you are white or black, Hispanic or Asian, Muslim or Christian, the government is spying on all groups as potential "domestic terrorist and foreign radicals."

Just as it was 50 years ago, the NSA and FBI have once again been caught abusing their surveillance powers, infringing on the liberties they are sworn to protect -- all in the name of national security.

These government spying programs constitute a clear violation the U.S. Constitution's Fourth Amendment ban on unreasonable searches and seizures, and chills First Amendment freedom of speech.

Dr. King supported the Constitution as a framework for all citizens to achieve equal rights, and I believe he would have vocally opposed such government intrusions and spying. While he may have remained publicly silent on the government's unlawful invasion of his personal life, it's hard to believe that he would have sat idly by and let every American experience similar attacks on personal liberties as he faced while leading the battle for civil rights and the nation's soul.

To honor Dr. King's legacy and the values on which our nation was founded, Americans should work together to challenge these expansive domestic spying programs that are robbing us of our civil liberties.

Some members of Congress and the Obama administration make the claim that these spying programs are lawful under the USA PATRIOT Act and Foreign Intelligence Surveillance Act. Dr. King would know better -- the Constitution is clear and these programs are illegal and need to be ended.

Robert McCaw is the government affairs manager at CAIR's national office in Washington, D.C.

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Posted by on in Surveillance
Recent reports have revealed that the FBI and National Security Agency are “tapped” directly into the servers of the nation’s top Internet providers and collecting the phone records of millions of Verizon customers. It is strongly suspected that the federal government is also collecting call data from all other major phone carriers.

I was told earlier today by a colleague from another civil rights organization “there is a good chance that the feds are intercepting my phone calls and emails, but I am sure that everyone in your organization and the Muslim community are under surveillance.”

My response was,“We are all under surveillance.”

I am a policy advocate for the Council on American-Islamic Relations, CAIR, the nation’s largest Muslim civil liberties and advocacy organization.

As a nation we sat idly by while Congress passed and the president signed into law the USA PATRIOT Act and expanded the Foreign Intelligence Surveillance Act (FISA) – the primary sources of authority for these expansive domestic spying programs.

While Americans were told that these programs would be used primarily to target violent extremist groups like al-Qaeda, federal law enforcement and national security agencies quickly used their new found powers to spy on American citizens.

At present, the FBI and NSA have obtained direct access, under FISA secret court orders, to the servers of Google, Yahoo!, Facebook, Microsoft (Hotmail, etc.), Apple, PalTalk, YouTube, Skype, and AOL. Under a surveillance program, code-named PRISM, they are collecting data on personal emails, chats, videos, photos, stored data, VoIP, file transfers, video conferences, logins, and details on online social networking.

It has also been reported that FBI and the NSA are using the USA PATRIOT Act to obtain FISA secret court orders instructing Verizon Business Network Services to turn over millions of customer phone records. Under this secret court order, Verizon must provide the FBI and NSA with phone records “between the United States and abroad” and “wholly within the United States, including local telephone calls.”

This includes the phone numbers for both parties on a call, as well as data on time, location, duration, and other unique identifiers — but not  the names of persons participating in the calls (although such information is easily attainable) and the content of  their conversations.

Earlier today President Obama said at a press conference that we as a nation “Can’t have 100 percent safety and 100 percent security and 0 percent inconvenience.”

In response to the president, I would quote one of our nation’s founding fathers Benjamin Franklin, who said, People willing to trade their freedom for temporary security deserve neither and will lose both.

This all-encompassing domestic spying program that collects and deciphers metadata aggregated from our phone calls, emails, and online footprints does not only affect the civil rights of American Muslims, it coercively dismantles the privacy and free speech rights of all Americans.

Such domestic spying programs can easily be dismantled, however, if all Americans who value the constitutional protections of privacy and prohibition of unreasonable search and seizure take action by contacting their elected representatives.

In 2011, Senator Ron Wyden (D-OR), a member of the Senate Select Committee on Intelligence, warned that “when the American people find out how their government has secretly interpreted the Patriot Act, they will be stunned and they will be angry.”

I believe that it is entirely appropriate in light of these recent revelations that Americans join together in expressing their shock and anger over such abusive and unconstitutional government spying programs.

Some in Congress and the White House say that these spying programs are lawful under the USA PATRIOT Act and Foreign Intelligence Surveillance Act. During a recent conference call joined by some of the nation’s leading rights organizations that work on surveillance issues it was agreed that the Fourth Amendment of the U.S. Constitution is clear:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…”

Robert McCaw is the government affairs manager at CAIR’s national headquarters on Capitol Hill.
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