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Domestic spying quietly goes on

NSA faces new limits, but surveillance thrives

July 07, 2008|By Bradley Olson , SUN REPORTER

But critics say the safeguards don't always work. Some blunders in the use of such protections have become public. New Yorker writer Lawrence Wright wrote in January about one such experience. In 2002, while he was researching The Looming Tower, his Pulitzer Prize-winning book on al-Qaida, two members of an FBI terrorism task force arrived at his home. Why, they asked, had his daughter been speaking with someone in the United Kingdom who was in touch with suspected al-Qaida operatives?

It wasn't his daughter, he told them flatly. Wright himself had made the calls. And the person he contacted was a British civil rights lawyer who had asked him not to speak with her clients, some of whom are relatives of Ayman al-Zawahiri, Osama bin Laden's chief lieutenant.

"My daughter is no terrorist - she went to high school with the Bush twins," Wright said. "I was taken aback. They were apparently monitoring my phones."

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Wright said he was particularly surprised because he was aware of protections supposedly in place to conceal his name and other identifying information that would have been gathered during the creation of transcripts of the call.

Wright said he doubted the government would have been able to get a warrant for the information, and he said he didn't know how the FBI obtained his daughter's name, let alone got the impression that she was communicating with the British lawyer.

Critics say such stories recall 1960s and 1970s-era abuses - the CIA's involvement in political activities, and the FBI monitoring of peace groups and civil rights activists - that prompted Congress to pass far-reaching laws bringing foreign-intelligence gathering and any domestic surveillance under strict controls and judicial oversight.

Although the latest FISA proposal includes numerous provisions for a secret court to monitor and authorize surveillance, and for inspectors general to keep tabs on who's being monitored by various agencies, little oversight exists for surveillance programs that fall outside FISA scrutiny.

Congress has requested, and in many cases received, briefings on some of the programs. But its dissatisfaction with the amount of information provided by the administration has frequently resulted in holding back funding for programs.

The House Appropriations Committee took such a step this week, holding back funding for the National Applications Office's effort to use U.S. satellites for domestic purposes until August, when the Government Accountability Office will release a report about how the program will handle civil liberties and privacy concerns.

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