World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 


Hypocrisy and the Surveillance Stand-Off: Feinstein and the

Hypocrisy and the Surveillance Stand-Off: Feinstein and the CIA

Senator Dianne Feinstein’s blistering attack on the CIA’s conduct in searching the computers used by the Senate Select Committee on Intelligence was deemed a remarkable salvo. The search was engendered by the Committee’s official request for a final version of the named “Internal Panetta Review”. The Review had been created for internal use by the CIA as a record of assessing what documents should be turned over to the Committee in connection with its investigation of the torture program. Once the CIA got wind that their precious internal documentation was finding its way into the hands of the committee, the hackers got itchy.

Senator Feinstein herself charged the CIA with violating the Fourth Amendment, the Computer Fraud and Abuse Act, and Executive Order 12333. This raises the first problem. The CFAA is a legislative creation that exempts authorised law enforcement and intelligence activities. Legal commentary from former Chief Counsel for the House Permanent Select Committee for Intelligence, Chris Donesa at Lawfare (Mar 12) puts the question as whether “the CIA’s investigation and search was in fact ‘lawfully authorised’ or merely a pretext for deliberate efforts to obstruct or interfere with the SSCI investigation.”

The point is valid – after all, the CIA may well have been doing what it is empowered to do – snoop, hack and conduct “counter” intelligence activities, even against a Congressional committee. A gray area exists in the CFAA as to the rights of access set by the owner and operator of the necessary computers. The Washington political establishment have only themselves to blame if that was the case. The demon is merely consuming its creators.

One thing Donesa is willing concede is that the agreement and understanding between the CIA and the SSCI was significant in its violation. In so doing, it has raised questions touching on the separation of powers “and, more importantly, the budget and authorities of any Agency that dares to breach it.” He is concerned, in fact, that the SSCI was also rather cheeky, scurrying off with documents at points befitting the CIA’s own conduct. A subpoena might have been sought, but was conspicuously lacking. Feinstein herself alluded to such behaviour, largely because the CIA had shown form in destroying evidence, notably videotapes.

There have been occasional remarks that the CIA would have been justified in chasing down the source of leaks in the event that a confidential document had found its way into “unauthorised” channels. Sometime in 2010, Feinstein claims that SSCI staff accessed documents connected with the Panetta Review. Feverish speculation is making its way around the intelligence traps as to whether that access was warranted, the result of intentional disclosure by the CIA, or an illicit revelation of a whistleblower.

Given the CIA’s well established reputation for gold medal incompetence, it might very well be that the agency enabled, quite unwittingly, the Committee access to the Review documents. The jury may well be out on that one for some time to come. In either case, be it the whistleblower thesis, or that of unwitting disclosure, the episode has brushed up, if not scraped, a good deal of constitutional gunk. James Madison would not so much be turning as standing up in his grave.

Not all have warmed to Feinstein’s agitated response. A split has developed in Senate ranks. Republicans are concerned, but many would prefer to await the findings of a full investigation into the matter. Senator Lindsey Graham (R-SC) was particularly concerned. “If what they’re saying is true about the CIA this is Richard Nixon stuff. This is dangerous to democracy. Heads should roll. People should go to jail, if it’s true.” Senator Saxby Chambliss (R-Ga.) was less certain. “Right now we don’t know what the facts are” (NPR, Mar 11).

Neither Feinstein, nor the CIA, can claim much of a high ground in this debate. The SSCI was the subject of a hacking enterprise, a snooping venture that would have been appropriate for the Senator in other cases. In fact, the rationale employed by the CIA was the very one that she has been defending with almost manic determination. If classified documents find their way into certain hands (that is, the likes of Edward Snowden), revealing the extent of state abuse, the messenger is the one at fault.

Given Feinstein’s legislative efforts to shore up the surveillance state, and her inflexible stance in limiting reform to the intelligence community, this would have come as a rude, yet richly deserved rebuke. In Snowden’s own words on the episode, this involved “an elected official [who] does not care at all that the rights of millions of ordinary citizens are violated by our spies” only to be scandalized “when a politician finds out the same thing happens to them.”

Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

ENDS

© Scoop Media

 
 
 
 
 
World Headlines

 

Gordon Campbell: On The Censorship Havoc In South Africa’s State Broadcaster

Demands have included an order to staff that there should be no further negative news about the country’s President Jacob Zuma, and SABC camera operators responsible for choosing camera angles that have allegedly made the President ‘look shorter’ were to be retrained... More>>

ALSO:

Gordon Campbell: On A Bad Week For Malcolm Turnbull, And The Queen

Malcolm Turnbull’s immediate goal – mere survival – is still within his grasp... In every other respect though, this election has been a total disaster for the Liberals. More>>

ALSO:


Gordon Campbell: On Bidding Bye Bye To Boris

Boris Johnson’s exit from the contest for Conservative Party leadership supports the conspiracy theory that he never really expected the “Leave” option to win the referendum – and he has no intention now of picking up the poisoned chalice that managing the outcome will entail... More>>

ALSO:

Mexico: Violence And Repression Of Teachers

The member organizations of Network for Peace express our indignation over the acts of repression that the Mexican State has carried out, through the police forces... In Chiapas, Guerrero and Oaxaca, the conflict has resulted in murders of teachers and civilians as well as hundreds of wounded and dozens of people arrested. More>>

ALSO:

Gordon Campbell: On Britain's Pleas For Mercy

So… Boris Johnson is promising that he won't be holding a snap general election, if he's chosen as the next UK Conservative Party leader. Reportedly, he is even making that promise a feature of his leadership campaign, since a vote for Boris would therefore mean (wink wink) that his colleagues wouldn't have to risk their jobs and face the wrath of the British public until 2020. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
World
Search Scoop  
 
 
Powered by Vodafone
NZ independent news