Shocked. Shocked, I tell you.
NEW YORK (Reuters) - The volume of information gathered from telephone and Internet communications by the National Security Agency without court-approved warrants was much larger than the White House has acknowledged, The New York Times reported on Saturday.
Citing current and former government officials, the Times said the information was collected by tapping directly into some of the U.S. telecommunication system's main arteries. The officials said the NSA won the cooperation of telecommunications companies to obtain access to both domestic and international communications without first gaining warrants.
What do you mean, "won"? Were they paid? Was it up for bid?
A former telecommunications technology manager told the Times that industry leaders have been storing information on calling patterns and giving it to the federal government to aid in tracking possible terrorists since the September 11 attacks.
Government and industry officials with knowledge of the program told the newspaper the NSA sought to analyze communications patterns to gather clues from details like who is calling whom, how long a phone call lasts and what time of day it is made, as well as the origins and destinations of phone calls and e-mail messages.
Calls to and from Afghanistan were of particular interest to the NSA, the Times said. This so-called "pattern analysis" on calls within the United States would often otherwise require a warrant if the government wanted to trace who calls whom.
U.S.President George W. Bush and his aides have said his executive order allowing eavesdropping without warrants was limited to monitoring international phone and e-mail communications linked to people with connections to al-Qaeda. What has not been acknowledged, according to the Times, is that NSA technicians combed large amounts of phone and Internet traffic seeking patterns pointing to terrorism suspects.
Still not convinced? Try this one- Nuclear Monitoring of Muslims Done Without Search Warrants.
In search of a terrorist nuclear bomb, the federal government since 9/11 has run a far-reaching, top secret program to monitor radiation levels at over a hundred Muslim sites in the Washington, D.C., area, including mosques, homes, businesses, and warehouses, plus similar sites in at least five other cities, U.S. News has learned. In numerous cases, the monitoring required investigators to go on to the property under surveillance, although no search warrants or court orders were ever obtained, according to those with knowledge of the program. Some participants were threatened with loss of their jobs when they questioned the legality of the operation, according to these accounts.
The nuclear surveillance program began in early 2002 and has been run by the FBI and the Department of Energy's Nuclear Emergency Support Team (NEST). Two individuals, who declined to be named because the program is highly classified, spoke to U.S. News because of their concerns about the legality of the program. At its peak, they say, the effort involved three vehicles in Washington, D.C., monitoring 120 sites per day, nearly all of them Muslim targets drawn up by the FBI. For some ten months, officials conducted daily monitoring, and they have resumed daily checks during periods of high threat. The program has also operated in at least five other cities when threat levels there have risen: Chicago, Detroit, Las Vegas, New York, and Seattle.
In Washington, the sites monitored have included prominent mosques and office buildings in suburban Maryland and Virginia. One source close to the program said that participants "were tasked on a daily and nightly basis," and that FBI and Energy Department officials held regular meetings to update the monitoring list. "The targets were almost all U.S. citizens," says the source. "A lot of us thought it was questionable, but people who complained nearly lost their jobs. We were told it was perfectly legal."
The question of search warrants is controversial, however. To ensure accurate readings, in up to 15 percent of the cases the monitoring needed to take place on private property, sources say, such as on mosque parking lots and private driveways. Government officials familiar with the program insist it is legal; warrants are unneeded for monitoring from public property, they say, as well as from publicly accessible driveways and parking lots. "If a delivery man can access it, so can we," says one.
Georgetown University Professor David Cole, a constitutional law expert, disagrees. Surveillance of public spaces such as mosques or public businesses might well be allowable without a court order, he argues, but not private offices or homes: "They don't need a warrant to drive onto the property -- the issue isn't where they are, but whether they're using a tactic to intrude on privacy. It seems to me that they are, and that they would need a warrant or probable cause."
Cole points to a 2001 Supreme Court decision, U.S. vs. Kyllo, which looked at police use -- without a search warrant -- of thermal imaging technology to search for marijuana-growing lamps in a home. The court, in a ruling written by Justice Antonin Scalia, ruled that authorities did in fact need a warrant -- that the heat sensors violated the Fourth Amendment's clause against unreasonable search and seizure. But officials familiar with the FBI/NEST program say the radiation sensors are different and are only sampling the surrounding air. "This kind of program only detects particles in the air, it's non directional," says one knowledgeable official. "It's not a whole lot different from smelling marijuana."
Well, America? Can we impeach him now?
Couple questions: Let's say they found something in either case. Wouldn't those results be thrown out of court due to lack of warrant? And, are they violating any state laws, or does the Fed always supercede the states? Even when it's warrantless? Someone needs to check the books.