National Security Agency surveillance |
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The practice of mass surveillance in the United States dates back to wartime monitoring and censorship of international communications from, to, or which passed through the United States. After the First and Second World Wars, mass surveillance continued throughout the Cold War period, via programs such as the Black Chamber and Project SHAMROCK. The formation and growth of federal law-enforcement and intelligence agencies such as the FBI, CIA, and NSA institutionalized surveillance used to also silence political dissent, as evidenced by COINTELPRO projects which targeted various organizations and individuals. During the Civil Rights Movement era, many individuals put under surveillance orders were first labelled as integrationists, then deemed subversive, and sometimes suspected to be supportive of the communist model of the United States' rival at the time, the Soviet Union. Other targeted individuals and groups included Native American activists, African American and Chicano liberation movement activists, and anti-war protesters.
The formation of the international UKUSA surveillance agreement of 1946 evolved into the ECHELON collaboration by 1955[1] of five English-speaking nations, also known as the Five Eyes, and focused on interception of electronic communications, with substantial increases in domestic surveillance capabilities.[2]
Following the September 11th attacks of 2001, domestic and international mass surveillance capabilities grew immensely. Contemporary mass surveillance relies upon annual presidential executive orders declaring a continued State of National Emergency, first signed by George W. Bush on September 14, 2001 and then continued on an annual basis by President Barack Obama.[3] Mass surveillance is also based on several subsequent national security Acts including the USA PATRIOT Act and FISA Amendment Act's PRISM surveillance program. Critics and political dissenters currently describe the effects of these acts, orders, and resulting database network of fusion centers as forming a veritable American police state that simply institutionalized the illegal COINTELPRO tactics used to assassinate dissenters and leaders from the 1950s onwards.[4][5][6]
Additional surveillance agencies, such as the DHS and the position of Director of National Intelligence, have greatly escalated mass surveillance since 2001. A series of media reports in 2013 revealed more recent programs and techniques employed by the US intelligence community.[7][8] Advances in computer and information technology allow the creation of huge national databases that facilitate mass surveillance in the United States[7] by DHS managed fusion centers, the CIA's Terrorist Threat Integration Center (TTIC) program, and the FBI's Terrorist Screening Database (TSDB).
Mass surveillance databases are also cited as responsible for profiling Latino Americans and contributing to "self-deportation" techniques, or physical deportations by way of the DHS's ICEGang national database.[9]
After World War I, the US Army and State Department established the Black Chamber, also known as the Cipher Bureau, which began operations in 1919.[10] The Black Chamber was headed by Herbert O. Yardley, who had been a leader in the Army's Military Intelligence program. Regarded as a precursor to the National Security Agency, it conducted peacetime decryption of material including diplomatic communications until 1929.[11][12]
In the advent of World War II, the Office of Censorship was established. The wartime agency monitored "communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country".[13] This included the 350,000 overseas cables and telegrams and 25,000 international telephone calls made each week.[14]: 144 "Every letter that crossed international or U.S. territorial borders from December 1941 to August 1945 was subject to being opened and scoured for details."[13]
With the end of World War II, Project SHAMROCK was established in 1945. The organization was created to accumulate telegraphic data entering and exiting from the United States.[11][15] Major communication companies such as Western Union, RCA Global and ITT World Communications actively aided the project, allowing American intelligence officials to gain access to international message traffic.[16] Under the project, and many subsequent programs, no precedent had been established for judicial authorization, and no warrants were issued for surveillance activities. The project was terminated in 1975.[11]
President Harry S. Truman established the National Security Agency (NSA) in 1952 for the purposes of collecting, processing, and monitoring intelligence data.[17] The existence of NSA was not known to people as the memorandum by President Truman was classified.[18]
When the Citizens' Commission to Investigate the FBI published stolen FBI documents revealing abuse of intelligence programs in 1971, Senator Frank Church began an investigation into the programs that become known as the Church Committee. The committee sought to investigate intelligence abuses throughout the 1970s. Following a report provided by the committee outlining egregious abuse, in 1976 Congress established the Senate Select Committee on Intelligence. It would later be joined by the Foreign Intelligence Surveillance Court in 1978.[11] The institutions worked to limit the power of the agencies, ensuring that surveillance activities remained within the rule of law.[19]
Following the attacks of September 11, 2001, Congress passed the Patriot Act to strengthen security and intelligence efforts. The act granted the President broad powers on the war against terror, including the power to bypass the FISA Court for surveillance orders in cases of national security. Additionally, mass surveillance activities were conducted alongside various other surveillance programs under the head of President's Surveillance Program.[20] Under pressure from the public, the warrantless wiretapping program was allegedly ended in January 2007.[21]
Many details about the surveillance activities conducted in the United States were revealed in the disclosure by Edward Snowden in June 2013.[22][23] Regarded as one of the biggest media leaks in the United States, it presented extensive details about the surveillance programs of the NSA, that involved interception of Internet data and telephonic calls from over a billion users, across various countries.[24][23]
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