Exploitation of the Patriot Act

By Anthony Asadullah Samad
—Guest Columnist— | Last updated: Apr 5, 2007 - 4:59:00 PM

‘The devil’s on the line,’ all the time now

The runaway part is the FBI improperly obtaining citizens� phone, bank and credit records through the use of a �national security letter,� an administrative subpoena form that allows them to get around the court�s legal process.

“Big Brother” looking over your shoulders is literally in the here and now in the United States. Many are asking the question, “Are there any privacy rights in America any more?”

When George Orwell wrote the book, “Nineteen Eighty-Four,” in 1949, in the midst of the an emerging McCarthyism (the purging of Communist sympathizers in the U.S in the midst of a dawning Cold War’s Second “Big Red Scare”), it seemed to be a far-reaching fictitious misnomer that the American government would ever become so obtrusive that no act would go unseen—no conversation would go unheard—and no transaction would go unnoticed. Yet, 58 years later, that appears to be where we are if one were to accept the Justice Department’s most recent Inspector General’s report that the Federal Bureau of Investigation has abused their authority under the Patriot Act. Ah, that explains why some of my checks are missing.

While you must understand that this is the winking part of the government reporting on the run-away part of the government, the report essentially confirms our biggest fears—that the Patriot Act would one day be exploited—and that a loosing of the people’s rights to sure up national security and to purse international terrorism, would one day be used to track anyone the government designates as “domestic terrorists.” The winking part is the highly partisan, Attorney General Alberto R. Gonzales, in the midst of his own controversy (firing U.S. Attorneys for not being “aggressive enough” on key Bush administration priorities), pretending that the Justice Department is really concerned about protecting citizens’ rights.

The run-away part is the FBI improperly obtaining citizens’ phone, bank and credit records through the use of a “national security letter,” an administrative subpoena form that allows them to get around the court’s legal process. That’s on top of the FBI being able to indiscriminately listen to your phone calls and monitor your internet activity. Historically, there was always a running joke among activists during phone conservations, on the constant clicking, that the “devil was on the line.” No matter how much we try to convince ourselves that (J. Edgar) Hoover is dead, knowing the FBI’s history—it is no surprise that it would be the agency called out for abusing the Patriot Act and citizens’ private information. Yet, we’re there. We should assume that the devil is on the line all the time now. Every line you have—your phone line, your bank line, your credit line, your internet line. Makes you feel much safer from those ole terrorists now, right? Well, who will keep us safe from the FBI?

It’s not like we’ve never been violated before by the FBI. Not when you know the history of the FBI, a continuing one of pursuing so-called “subversive groups,” and the tactics used to destroy organizations and people. The FBI has always been bi-polar, working to solve civil rights violations while, at the same time, exploiting Americans’ civil rights. What started as an effort to keep the nation safe from subversive Communist influences in the 1940s (after World War II), became mostly a domestic counter-intelligence program in the 1950s, 1960s and 1970s. The NAACP, SCLC, the Nation of Islam, SNCC, the Black Panther Party, US, CORE, the ADL, NOW, Anti-War Groups, Labor Unions and (some) Churches were all identified as subversive groups during Hoover’s Era of “protecting national interests.” (Hoover always got permission from Presidents by justifying that it was in the nation’s national interests). Even the FBI’s more extreme initiatives, the infamous Counterintelligence Program (COINTEL-Pro) that tapped the phones of every civil rights and grassroots leader—even Attorney General Bobby Kennedy—caused disruption in every Black organization and essentially caused the fall of the Civil Rights movement. Then, there was the even more controversial King Alfred Plan (also called the “Final Solution to the Negro Problem”), a plan for an eight hour round-up and mass incarnation of African Americans, in a time of national civil disturbance (like which occurred after the King assassination), to prevent what Hoover called “the rise of another Black Messiah.” While assailed—and even dismissed as largely “conspiratorial,” as far as we know—and many are concerned that plan has never been taken off the table and is still part of the government martial law plan, should a martial law order ever have to be engaged. And trust me, there is a martial law plan out there. Always has been, as part of the nation’s national security planning to prevent the destabilization of the Democracy (government). Now, the Patriot Act has given the FBI a “green light” like never before.

So, understand that as the FBI has been a runaway agency for a long time, there was no reason to believe that it would suddenly check itself on this national security initiative. Congress claims “it wants answers.” Hell, the FBI didn’t give Congress answers when Hoover was alive. It didn’t give Congress answers when hearings were held to find out why their “intelligence” didn’t know about 9/11. They didn’t even respond to Congress’ requests on its intelligence on why weapons of mass destruction were never found (they knew better so why dance in the dog and pony show). So what makes Congress think that the FBI is going to tell them what they’re doing as part of their anti-terrorism strategy? Particularly, when they take their lead from an administration that believes in not telling “the enemy” what we (the U.S.) are doing to combat terrorism. Only now, the American people have become the enemy too (again), and the absence of accountability only exacerbates the potential for exploitation. And as is always the case, the public only finds out about the violations in the aftermath of them occurring. In other words, “the people” shafted again.

The talk of putting limits on the Patriot Act should be more than just talk. It’s not going to end for as long as the nation is in Iraq (and probably not after that). There needs to be a greater accountability to check the run-away aspects of this privacy invasion. With the watchdogs being chased out of government, how do you check it? That’s even a bigger question for Congress to answer. In the meantime, I’ll guess we, “John and Jane Q. Public,” just have to resign ourselves to being violated, at least until the people reclaim the government. Just get used to the “clinckin’,” the missing checks and cookies on your computer. Spyware doesn’t work—the government invented it.

Don’t worry. I already know the devil’s on my line and in my checkbook, etc, etc. Welcome to the new America where “Big Brother” knows everything about the American people, but knows little about how to find...well, you know. That might explain why I don’t feel any safer.

(Anthony Asadullah Samad is a national columnist, managing director of the Urban Issues Forum (www.urbanissuesforum.com) and author of the upcoming book, “Saving The Race: Empowerment Through Wisdom.” He can be reached at http://www.AnthonySamad.com)

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