W Pulls Bait-n-Switch On FISC Review of NSA's Terrorist Surveillance Program

The acknowledgement that the FISA Court ("FISC") (created by the Foreign Intelligence Surveillance Act) will now offer a pre-review of any federal govt actions towards secret domestic spying relative to, and connected with, the NSA's “Terrorist Surveillance Program” (TSP) rings awkwardly hollow. However, from intense research and policy review, we know that the federal govt has acknowledged-and-confirmed the presence of 199 (approx) (many more go unconfirmed as an “executive privilege” or “as a matter of natl security”) anti-terrorism data mining surveillance programs that monitor and track the communications of individuals (citizens and non-citizens without differentiation) through telephonic or other electronic means that are similarly governed by FISA and must be approved by the FISC.

Please note the specificity with which the Administration (particularly AG Gonzales) notes that electronic and domestic wiretap surveillance for the TSP is subject to FISC review-and-approval. However, the FISA does not restrict itself to one particular fed govt program. It has govt-wide applicability, and the FISC must review-and-approve ANY AND ALL electronic and domestic wiretap surveillance of citizens for it to be legal and constitutional. That has not (will not) occur. These are a few electronic and domestic wiretap programs that are currently being administered as a part of the perpetually infinite, so-called War on Terror:

 NSLs (National Security Letters): These empower the fed govt to obtain 3rd party records (email, telephonic, recorded, et al) from businesses relative to citizens. More than 30,000 are issued per year.

 “Imperative Security Internee” Status Designations: While not a surveillance program, this status designation has been secretly used by W's cohorts of neo-con leadership to replace “Enemy Combatant.” As SCOTUS ruled in the Hamdan case, so-called and arbitrarily designated “enemy combatants” that are citizens retain certain rights, esp those associated with the FISC review-and-approval of warrantless spying, wiretaps, etc in which they are the subjects. In response, the adm changed the rules by coming up with a new–– and equally AMBIGUOUS, CRITIERIA-LESS, ILLEGAL, and UNCONSTITUTIONAL term (“imperative security internee”) ––to achieve the same function (stripping the citizen of the FISC review-and-approval rights) that has yet to be challenged in a fed court environment because most are unaware of its categorical existence.


 Counter-Intelligence Field Activity (CIFA) Report Tracking: This classified (budget and existence are classified) DoD agency manages the JPEN database. The JPEN database is a cumulative tracking and observation reporting of inter-DoD agency surveillance programs (electronic, telephonic, physical assets, etc). The JPEN database info does not have to be vetted-for-validity in order to be the basis for citizen and non-citizen surveillance. CIFA tracking also represents non-compliance with the Privacy Act (’74) and the SCOTUS decision in Griswold v Connecticut (’65).

 USAF Office of Special Investigator’s SIPRNET Program: This is the "super-duper" secret internet system of the DoD (military). No public access. The transmission of classified information includes, but is not limited to, citizen-specific raw, unvetted surveillance data. This is not review-able by FISC and does not comply with FISA, but can (does) carry parallel information.

 U.S. Customs’ Automated Targeting System: This program captures raw data and information on all people (citizens, non-citizens, green card residents, inddividuals with VISAs, etc) that move in-and-out (across) USA borders. The criteria for assignment of “risk” is secret, and, therefore, "unchallenge-able." This system is overly intrusive, unspecified, and prohibited by the Privacy Act (’74) and FISA.

 USAF Eagle Eyes Program: This program of “ambiguous, suspicious activity” reports id forwarded by USAF members or community residents near USAF bases. This is a USAF Office of Special Investigations Program. The Eagle Eyes raw data gets swooped (sorry about the cliché/pun) into the larger TALON meta-database. This is not review-able by FISC and does not comply with FISA.

 DoD’s TALON (Threat And Local Observation Notice) Program: This is the “suspicious-activity-and-incidents” report that the CIFA reporting tracking system utilizes to collect surveilled citizens and non-citizens alike. This program is composed of unconfirmed information regarding whether citizens are alleged (credible) “threats” to USA. This – again and erroneously! – is a DoD program that is not subjected to FISA or FISC review-and-approval as constitutionally-required.

 Treasury Department’s SWIFT Program: This intl financial program established under Belgian law (made up of a multitude of cross-natl institutions, some obviously based in USA). USA used its Terrorist Finance Tracking Program to link to SWIFT electronically, and monitor (surveille) cash, cash mgt, and other financial transactions believed to be associated with terrorist actions of citizens and non-citizens. This is not review-able by FISC and does not comply with FISA (note that the Europeans [Belgian Govt] even believe that it breaches their sovereign privacy laws).

 Homeland Security (DHS)’s Protect America’s Homeland Defense Info-Sharing System: This is a horizontal (fed-to-fed) and vertical (fed-to-local) threat analysis program and info-sharing database that was a part of W’s budget request following Sept 11th. No details…classified…no verification of procedures or technology components exists. Hearsay information that does not reach any law enforcement or judiciary standards are relied upon, and provide the database profiles for citizens and non-citizens alike. This is not review-able by FISC and does not comply with FISA.

The media has fallen asleep behind the wheel of democracy, and let pro-corporatist neo-cons drive under the influence of power. Let's take America back...from the grassroots-up!

Progressively,
LeftAngst