Wednesday, November 14, 2012

FBI’s abuse of the surveillance state is the real scandal needing investigation

The Petraeus scandal is receiving intense media scrutiny obviously due to its salacious aspects, leaving one, as always, to fantasize about what a stellar press corps we would have if they devoted a tiny fraction of this energy to dissecting non-sex political scandals (this unintentionally amusing New York Times headline from this morning - “Concern Grows Over Top Military Officers’ Ethics” - illustrates that point: with all the crimes committed by the US military over the last decade and long before, it’s only adultery that causes “concern” over their “ethics”). Nonetheless, several of the emerging revelations are genuinely valuable, particularly those involving the conduct of the FBI and the reach of the US surveillance state.

As is now widely reported, the FBI investigation began when Jill Kelley - a Tampa socialite friendly with Petraeus (and apparently very friendly with Gen. John Allen, the four-star U.S. commander of the war in Afghanistan) - received a half-dozen or so anonymous emails that she found vaguely threatening. She then informed a friend of hers who was an FBI agent, and a major FBI investigation was then launched that set out to determine the identity of the anonymous emailer.

That is the first disturbing fact: it appears that the FBI not only devoted substantial resources, but also engaged in highly invasive surveillance, for no reason other than to do a personal favor for a friend of one of its agents, to find out who was very mildly harassing her by email. The emails Kelley received were, as the Daily Beast reports, quite banal and clearly not an event that warranted an FBI investigation

So all based on a handful of rather unremarkable emails sent to a woman fortunate enough to have a friend at the FBI, the FBI traced all of Broadwell’s physical locations, learned of all the accounts she uses, ended up reading all of her emails, investigated the identity of her anonymous lover (who turned out to be Petraeus), and then possibly read his emails as well. They dug around in all of this without any evidence of any real crime - at most, they had a case of “cyber-harassment” more benign than what regularly appears in my email inbox and that of countless of other people - and, in large part, without the need for any warrant from a court.

But that isn’t all the FBI learned. It was revealed this morning that they also discovered “alleged inappropriate communication” to Kelley from Gen. Allen, who is not only the top commander in Afghanistan but was also just nominated by President Obama to be the Commander of US European Command and Supreme Allied Commander Europe (a nomination now “on hold”).

So not only did the FBI - again, all without any real evidence of a crime - trace the locations and identity of Broadwell and Petreaus, and read through Broadwell’s emails (and possibly Petraeus’), but they also got their hands on and read through 20,000-30,000 pages of emails between Gen. Allen and Kelley.

This is a surveillance state run amok. It also highlights how any remnants of internet anonymity have been all but obliterated by the union between the state and technology companies.

But, as unwarranted and invasive as this all is, there is some sweet justice in having the stars of America’s national security state destroyed by the very surveillance system which they implemented and over which they preside. As Trevor Timm of the Electronic Frontier Foundation put it this morning: “Who knew the key to stopping the Surveillance State was to just wait until it got so big that it ate itself?”

Full article: http://www.guardian. … rveillance-state-fbi



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