Sunday, March 16, 2008

Wiretapping's true danger (LA Times - Political Opinion)

History says we should worry less about privacy and more about political spying.
By Julian Sanchez

As the battle over reforms to the Foreign Intelligence Surveillance Act rages in Congress, civil libertarians warn that legislation sought by the White House could enable spying on "ordinary Americans." Others, like Sen. Orrin Hatch (R-Utah), counter that only those with an "irrational fear of government" believe that "our country's intelligence analysts are more concerned with random innocent Americans than foreign terrorists overseas."

But focusing on the privacy of the average Joe in this way obscures the deeper threat that warrantless wiretaps poses to a democratic society. Without meaningful oversight, presidents and intelligence agencies can -- and repeatedly have -- abused their surveillance authority to spy on political enemies and dissenters.

...for decades, intelligence analysts -- and the presidents they served -- had spied on the letters and phone conversations of union chiefs, civil rights leaders, journalists, antiwar activists, lobbyists, members of Congress, Supreme Court justices -- even Eleanor Roosevelt...

...Political abuse of electronic surveillance goes back at least as far as the Teapot Dome scandal that roiled the Warren G. Harding administration in the early 1920s. ...

In 1945, Harry Truman had the FBI wiretap Thomas Corcoran...

...John F. Kennedy's attorney general, brother Bobby, authorized wiretaps on lobbyists, Agriculture Department officials and even a congressman's secretary...

...Lyndon Johnson found the tactic useful when he wanted to know what promises then-candidate Richard Nixon might be making to our allies in South Vietnam...

...Johnson famously heard recordings of King's conversations and personal liaisons with various women. Less well known is that he received wiretap reports on King's strategy conferences with other civil rights leaders...

...Few presidents were quite as brazen as Nixon, whom the Church Committee found had "authorized a program of wiretaps which produced for the White House purely political or personal information unrelated to national security."...

...It's probably true that ordinary citizens uninvolved in political activism have little reason to fear being spied on, just as most Americans seldom need to invoke their 1st Amendment right to freedom of speech. But...

...
if you think an executive branch unchecked by courts won't turn its "national security" surveillance powers to political ends -- well, it would be a first.

Julian Sanchez is a Washington writer who studies privacy and surveillance. (more)