NSA Whistleblower: Bush Administration Spied On Journalists, Regular Citizens

Via Wired:

NSA whistleblower Russell Tice was back on Keith Olbermann's MSNBC program Thursday evening to expand on his Wednesday revelations that the National Security Agency spied on individual U.S. journalists, entire U.S. news agencies as well as "tens of thousands" of other Americans. Tice said on Wednesday that the NSA had vacuumed in all domestic communications of Americans, including, faxes, phone calls and network traffic.

Today Tice said that the spy agency also combined information from phone wiretaps with data that was mined from credit card and other financial records. He said information of tens of thousands of U.S. citizens is now in digital databases warehoused at the NSA. "This [information] could sit there for ten years and then potentially it marries up with something else and ten years from now they get put on a no-fly list and they, of course, won't have a clue why," Tice said.

In most cases, the person would have no discernible link to terrorist organizations that would justify the initial data mining or their inclusion in the database. "This is garnered from algorithms that have been put together to try to just dream-up scenarios that might be information that is associated with how a terrorist could operate," Tice said. "And once that information gets to the NSA, and they start to put it through the filters there . . . and they start looking for word-recognition, if someone just talked about the daily news and mentioned something about the Middle East they could easily be brought to the forefront of having that little flag put by their name that says 'potential terrorist'."

FISA: Bush Signs, ACLU Sues

Yesterday Dubya signed away another piece of democracy when he gleefully scratched his name in blood onto the FISA bill.

George W. Bush Thursday signed a law expanding legal authority for wiretaps by spy agencies which he hailed as vital for America's security, after a fierce Congress battle. "This law will play a critical role in helping to prevent another attack on our soil," Bush said as he signed the bill, calling it "vital to the security of our people."

"The bill will allow our intelligence professionals to quickly and effectively monitor the communications of terrorists abroad while respecting the liberties of Americans here at home," he said. The law includes retroactive immunity for telecommunications firms which aided warrantless government surveillance operations following the September 11 attacks in 2001, meeting a key White House demand.

The ACLU responded with an immediate lawsuit.

"Spying on Americans without warrants or judicial approval is an abuse of government power - and that's exactly what this law allows. The ACLU will not sit by and let this evisceration of the Fourth Amendment go unchallenged," said ACLU Executive Director Anthony D. Romero. "Electronic surveillance must be conducted in a constitutional manner that affords the greatest possible protection for individual privacy and free speech rights. The new wiretapping law fails to provide fundamental safeguards that the Constitution unambiguously requires."

In today's legal challenge, the ACLU argues that the new spying law violates Americans' rights to free speech and privacy under the First and Fourth Amendments to the Constitution. The new law permits the government to conduct intrusive surveillance without ever telling a court who it intends to spy on, what phone lines and email addresses it intends to monitor, where its surveillance targets are located, why it's conducting the surveillance or whether it suspects any party to the communication of wrongdoing.

Senate Approves FISA, Warrantless Wiretapping To Become Law

Thanks to today's Senate vote to approve the Foreign Intelligence Surveillance Act, warrantless wiretapping, arguably the most intrusive violation of Americans' right to privacy, will become legal. Oh, and everybody who's already done it is now immunized against lawsuits. A list of how each Senator voted is here.

The Democratic-led Congress this afternoon voted to put an end to the NSA spying scandal, as the Senate approved a bill -- approved last week by the House -- to immunize lawbreaking telecoms, terminate all pending lawsuits against them, and vest whole new warrantless eavesdropping powers in the President. The vote in favor of the new FISA bill was 69-28. Barack Obama joined every Senate Republican (and every House Republican other than one) by voting in favor of it, while his now-vanquished primary rival, Sen. Hillary Clinton, voted against it. John McCain wasn't present for any of the votes, but shared Obama's support for the bill. The bill will now be sent to an extremely happy George Bush, who already announced that he enthusiastically supports it, and he will sign it into law very shortly.

Prior to final approval, the Senate, in the morning, rejected three separate amendments which would have improved the bill but which, the White House threatened, would have prompted a veto. With those amendments defeated, the Senate then passed the same bill passed last week by the House, which means it is that bill, in unchanged form, that will be signed into law -- just as the Bush administration demanded.

More from Salon's Glenn Greenwald:

Obama's vote in favor of cloture, in particular, cemented the complete betrayal of the commitment he made back in October when seeking the Democratic nomination. Back then, Obama's spokesman -- in response to demands for a clear statement of Obama's views on the spying controversy after he had previously given a vague and noncommittal statement -- issued this emphatic vow:

To be clear: Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies.

But the bill today does include retroactive immunity for telecommunications companies. Nonetheless, Obama voted for cloture on the bill -- the exact opposition of supporting a filibuster -- and then voted for the bill itself. A more complete abandonment of an unambiguous campaign promise is difficult of imagine.

The ACLU has come out swinging and vows to fight the bill:

Today, in a blatant assault upon civil liberties and the right to privacy, the Senate passed an unconstitutional domestic spying bill that violates the Fourth Amendment and eliminates any meaningful role for judicial oversight of government surveillance. The FISA Amendments Act of 2008 was approved by a vote of 69 to 28 and is expected to be signed into law by President Bush shortly. This bill essentially legalizes the president’s unlawful warrantless wiretapping program revealed in December 2005 by the New York Times.

[snip]

“This fight is not over. We intend to challenge this bill as soon as President Bush signs it into law,” said Jameel Jaffer, Director of the ACLU National Security Project. “The bill allows the warrantless and dragnet surveillance of Americans’ international telephone and email communications. It plainly violates the Fourth Amendment.”

Backlash On Obama's FISA Flip-Flop

Barack Obama has had his right-turn blinker on for several days. More backlash:

Senator Barack Obama’s decision to support legislation granting legal immunity to telecommunications companies that cooperated with the Bush administration’s program of wiretapping without warrants has led to an intense backlash among some of his most ardent supporters. Thousands of them are now using the same grass-roots organizing tools previously mastered by the Obama campaign to organize a protest against his decision.

In recent days, more than 7,000 Obama supporters have organized on a social networking site on Mr. Obama’s own campaign Web site. They are calling on Mr. Obama to reverse his decision to endorse legislation supported by President Bush to expand the government’s domestic spying powers while also providing legal protection to the telecommunication companies that worked with the National Security Agency’s domestic wiretapping program after the Sept. 11 attacks.

Markos Moulitsas, founder of Daily Kos, the most widely-read and influential online forum for Democrats and progressives, says, "I will continue to support him. But I was going to write him a check, and I decided I would rather put that money with Democrats who will uphold the Constitution."

Help Me, Obi Wan Pelosi