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The mentality of J Edgar Hoover’s FBI undergirds today’s surveillance state The mentality of J Edgar Hoover’s FBI undergirds today’s surveillance state
(1 day later)
The new documentary 1971, about the formerly anonymousThe new documentary 1971, about the formerly anonymous
FBI burglars who exposed the crimes of former FBI director J. Edgar FBI burglars who exposed the crimes of former FBI director J. Edgar
Hoover, debuted to a rapt audience at the Tribecca film festival last Hoover, debuted to a rapt audience at the Tribeca film festival last
night. As the filmmakers noted in an interviewnight. As the filmmakers noted in an interview
with the AP, the parallels between Nixon-era FBI whistleblowers and with the AP, the parallels between Nixon-era FBI whistleblowers and
Edward Snowden's NSA revelations are almost eerie in their similarity.Edward Snowden's NSA revelations are almost eerie in their similarity.
ButBut
while the NSA connection seems obvious, the movie will actually shed while the NSA connection seems obvious, the movie will actually shed
light on the domestic intelligence agency with far more power over light on the domestic intelligence agency with far more power over
ordinary Americans: the modern FBI.ordinary Americans: the modern FBI.
EveryoneEveryone
seems to forget that the FBI is the NSA's primary partner in the seems to forget that the FBI is the NSA's primary partner in the
latter's domestic spying operations and that, in fact, the NSA's job latter's domestic spying operations and that, in fact, the NSA's job
would be impossible without them. Whenever you see a company deny givingwould be impossible without them. Whenever you see a company deny giving
any data to the NSA remember: It's because it's not the NSA asking (or any data to the NSA remember: It's because it's not the NSA asking (or
demanding) the information of them, it's the FBI. They use the same Patriot Act authorities that the NSA does, and yet we have almost no idea what they do with it.demanding) the information of them, it's the FBI. They use the same Patriot Act authorities that the NSA does, and yet we have almost no idea what they do with it.
In fact, the FBI has gone to extreme lengths to just keep their surveillance methods a secret from the public, just like the NSA. And the more we learn, the scarier it gets.In fact, the FBI has gone to extreme lengths to just keep their surveillance methods a secret from the public, just like the NSA. And the more we learn, the scarier it gets.
On Monday, the EFF revealedOn Monday, the EFF revealed
through its Freedom of Information Act lawsuit that the FBI's "next through its Freedom of Information Act lawsuit that the FBI's "next
generation" facial recognition program will have as many as 52m generation" facial recognition program will have as many as 52m
photographs in it next year – including millions that were taken for photographs in it next year – including millions that were taken for
"non-criminal purposes." It's massive biometric database already “may "non-criminal purposes." It's massive biometric database already “may
hold records on as much as one third of the U.S. population,” EFF found.hold records on as much as one third of the U.S. population,” EFF found.
Lavabit, the email provider once allegedly usedLavabit, the email provider once allegedly used
by Edward Snowden, also lost an appeal this week, leaving its founder by Edward Snowden, also lost an appeal this week, leaving its founder
Ladar Levinson in contempt of court for failing to hand over Lavabit's Ladar Levinson in contempt of court for failing to hand over Lavabit's
encryption keys to the FBI that would have exposed all 400,000 users of encryption keys to the FBI that would have exposed all 400,000 users of
Lavabit. The court failed to rule on the larger issue – leaving the door open for the FBI to try it again.Lavabit. The court failed to rule on the larger issue – leaving the door open for the FBI to try it again.
And we know they want to. Foreign Policy's Shane Harris reported last year, the FBI "carries out its own signals intelligenceAnd we know they want to. Foreign Policy's Shane Harris reported last year, the FBI "carries out its own signals intelligence
operations and is trying to collect huge amounts of email and Internet operations and is trying to collect huge amounts of email and Internet
data from U.S. companies – an operation that the NSA once conducted, wasdata from U.S. companies – an operation that the NSA once conducted, was
reprimanded for, and says it abandoned." The FBI's activities include reprimanded for, and says it abandoned." The FBI's activities include
trying to convince "telecom carriers and Internet service providers to trying to convince "telecom carriers and Internet service providers to
install [port readers] on their networks so that the government can install [port readers] on their networks so that the government can
collect large volumes of data about emails and Internet traffic."collect large volumes of data about emails and Internet traffic."
We also know theyWe also know they
routinely get cell phone location information without a warrant. (If routinely get cell phone location information without a warrant. (If
you want to see how your cell phone location information reveals almost you want to see how your cell phone location information reveals almost
every detail of your life, watch this amazing ACLU video.) We also know they're using Stingray devices, which are fake cell phone towers that vacuum up all cell phone activity in a particular area.every detail of your life, watch this amazing ACLU video.) We also know they're using Stingray devices, which are fake cell phone towers that vacuum up all cell phone activity in a particular area.
We know that the FBI is still issuing thousands of oversight-free National Security Letters a year, despite multiple government reports detailing systematic abuse, and a federal court ruling that they are unconstitutional last year. (The ruling was put on hold pending appeal.)We know that the FBI is still issuing thousands of oversight-free National Security Letters a year, despite multiple government reports detailing systematic abuse, and a federal court ruling that they are unconstitutional last year. (The ruling was put on hold pending appeal.)
The FBI has pushed Congress and the White House – and reportedly quietly lobbied the tech companies – to support a dangerous overhaulThe FBI has pushed Congress and the White House – and reportedly quietly lobbied the tech companies – to support a dangerous overhaul
to wiretapping laws that would require Internet companies like Google to wiretapping laws that would require Internet companies like Google
and Facebook to create a backdoor into their services, giving the FBI and Facebook to create a backdoor into their services, giving the FBI
direct access if they get the requisite legal authorities. And, at the direct access if they get the requisite legal authorities. And, at the
same time, the FBI also wants to be able to expand their ability to hack suspects' computers.same time, the FBI also wants to be able to expand their ability to hack suspects' computers.
(At least some judges have been(At least some judges have been
pushing back, noting that the trove of information that the FBI can get pushing back, noting that the trove of information that the FBI can get
from hacking suspects is often far beyond what the agency's from hacking suspects is often far beyond what the agency's
investigation requires.)investigation requires.)
Worse, Wired discovered FBI training materialsWorse, Wired discovered FBI training materials
in 2012 that told agents they had the "ability to bend or suspend the in 2012 that told agents they had the "ability to bend or suspend the
law and impinge on freedoms of others," in national security cases. The law and impinge on freedoms of others," in national security cases. The
materials were quickly withdrawn when they became public.materials were quickly withdrawn when they became public.
All of this leads to why a comprehensive report releasedAll of this leads to why a comprehensive report released
by ACLU late in 2013 called the FBI a "secret domestic intelligence by ACLU late in 2013 called the FBI a "secret domestic intelligence
agency" that "regularly overstepped the law, infringing on Americans' agency" that "regularly overstepped the law, infringing on Americans'
constitutional rights while overzealously pursuing its domestic securityconstitutional rights while overzealously pursuing its domestic security
mission." mission."
AfterAfter
watching 1971, or reading Betty Medsger's corresponding book The watching 1971, or reading Betty Medsger's corresponding book The
Burglary, it should be a scandal to everyone that the FBI building is Burglary, it should be a scandal to everyone that the FBI building is
still named after J. Edgar Hoover. Unfortunately, his ghost also still still named after J. Edgar Hoover. Unfortunately, his ghost also still
seems to permeate in much of what they do.seems to permeate in much of what they do.