Mass surveillance in the United States

After the First and Second World Wars, mass surveillance continued throughout the Cold War period, via programs such as the Black Chamber and Project SHAMROCK. President Harry S. Truman established the National Security Agency (NSA) in 1952 for the purposes of collecting, processing, and monitoring intelligence data. The formation of the international UKUSA surveillance agreement of 1946 evolved into the ECHELON collaboration by 1955 of five English-speaking nations, also known as the Five Eyes, and focused on interception of electronic communications, with substantial increases in domestic surveillance capabilities.

The formation and growth of federal law-enforcement and intelligence agencies such as the FBI, CIA, and NSA institutionalized surveillance used to also silence political dissent, as evidenced by COINTELPRO projects which targeted various organizations and individuals. During the Civil Rights Movement era, many individuals put under surveillance orders were first labelled as integrationists, then deemed subversive, and sometimes suspected to be supportive of the communist model of the United States' rival at the time, the Soviet Union. Other targeted individuals and groups included Native American activists, African American and Chicano liberation movement activists, and anti-war protesters.

When the Citizens' Commission to Investigate the FBI published stolen FBI documents revealing abuse of intelligence programs in 1971, Senator Frank Church began an investigation into the programs that become known as the Church Committee. The committee sought to investigate intelligence abuses throughout the 1970s. Following a report provided by the committee outlining egregious abuse, in 1976 Congress established the Senate Select Committee on Intelligence. It would later be joined by the Foreign Intelligence Surveillance Court in 1978. The institutions worked to limit the power of the agencies, ensuring that surveillance activities remained within the rule of law.

Following the attacks of September 11, 2001, domestic and international mass surveillance capabilities grew immensely. Congress passed the Patriot Act to strengthen security and intelligence efforts. The act granted the President broad powers on the war against terror, including the power to bypass the FISA Court for surveillance orders in cases of national security. Additionally, mass surveillance activities were conducted alongside various other surveillance programs under the head of President's Surveillance Program. Contemporary mass surveillance relies upon annual presidential executive orders declaring a continued State of National Emergency, first signed by George W. Bush on September 14, 2001 and then continued on an annual basis during the presidencies of Barack Obama, Joe Biden, and Donald Trump. The FISA Amendments Act of 2008 authorized the PRISM surveillance program. Political commentators have criticized these acts, orders, and resulting database network of fusion centers as forming an American police state that institutionalized the illegal COINTELPRO tactics used to assassinate dissenters and leaders from the 1950s onwards. Under pressure from the public, the warrantless wiretapping program was allegedly ended in January 2007.

Additional surveillance agencies, such as the DHS and the position of Director of National Intelligence, have greatly escalated mass surveillance since 2001. A series of media reports in 2013 revealed more recent programs and techniques employed by the US intelligence community. Many details about the surveillance activities conducted in the United States were revealed in the disclosure by Edward Snowden in June 2013. Regarded as one of the biggest media leaks in the United States, it presented extensive details about the surveillance programs of the NSA, that involved interception of Internet data and telephonic calls from over a billion users, across various countries. Advances in computer and information technology allow the creation of huge national databases that facilitate mass surveillance in the United States by DHS managed fusion centers, the CIA's Terrorist Threat Integration Center (TTIC) program, and the FBI's Terrorist Screening Database (TSDB).

History

Post World War I

After World War I, the US Army and State Department established the Black Chamber, also known as the Cipher Bureau, which began operations in 1919. The Black Chamber was headed by Herbert O. Yardley, who had been a leader in the Army's Military Intelligence program. Regarded as a precursor to the National Security Agency, it conducted peacetime decryption of material including diplomatic communications until 1929.

In the advent of World War II, the Office of Censorship was established. The wartime agency monitored "communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country". This included the 350,000 overseas cables and telegrams and 25,000 international telephone calls made each week. "Every letter that crossed international or U.S. territorial borders from December 1941 to August 1945 was subject to being opened and scoured for details."

Post World War II

With the end of World War II, Project SHAMROCK was established in 1945. The organization was created to accumulate telegraphic data entering and exiting from the United States. Major communication companies such as Western Union, RCA Global and ITT World Communications actively aided the project, allowing American intelligence officials to gain access to international message traffic. Under the project, and many subsequent programs, no precedent had been established for judicial authorization, and no warrants were issued for surveillance activities. The project was terminated in 1975.

Establishment of the FBI

Institutional domestic surveillance was founded in 1896 with the National Bureau of Criminal Identification, which evolved by 1908 into the Bureau of Investigation, operated under the authority of the Department of Justice. In 1935, the Federal Bureau of Investigation had grown into an independent agency under the direction of J. Edgar Hoover whose staff, through the use of wire taps, cable taps, mail tampering, garbage filtering and infiltrators, prepared secret FBI Index Lists on more than 10 million people by 1939.

Establishment of the NSA

In 1947, the National Security Act was signed by President Truman, establishing a National Security Council. In 1949, the Armed Forces Security Agency was established to coordinate signal operations between military branches. In 1952, the National Security Agency (NSA) was officially established by President Truman by way of a National Security Council Intelligence Directive 9, dated Oct. 24, while the NSA officially came into existence days later on Nov. 4. The existence of NSA was not known to people as the memorandum by President Truman was classified. According to The New York Times, the NSA was created in "absolute secrecy" by President Truman, whose surveillance-minded administration ordered, only six weeks after President Truman took office, wiretaps on the telephones of Thomas Gardiner Corcoran, a close advisor of Franklin D. Roosevelt. The recorded conversations are kept at the Harry S. Truman Presidential Library and Museum, along with other documents considered sensitive.

McCarthyism and COINTELPRO

Purported to be chasing 'communists' and other alleged subversives, the FBI used public and private pressure to destroy the lives of those it targeted during McCarthyism, including those lives of the Hollywood 10 with the Hollywood blacklist. The FBI's surveillance and investigation roles expanded in the 1950s while using the collected information to facilitate political assassinations, including the murders of Fred Hampton and Mark Clark in 1969. FBI is also directly connected to the bombings, assassinations, and deaths of other people including Malcolm X in 1963, Viola Liuzzo in 1965, Dr. Martin Luther King Jr. in 1968, Anna Mae Pictou Aquash in 1976, and Judi Bari in 1990.

As the extent of the FBI's domestic surveillance continued to grow, many celebrities were also secretly investigated by the bureau, including:

• First Lady Eleanor Roosevelt – A vocal critic of Hoover who likened the FBI to an 'American Gestapo' for its Index lists. Roosevelt also spoke out against anti-Japanese prejudice during the second world war, and was later a delegate to the United Nations and instrumental in creating the Universal Declaration of Human Rights. The 3,000-page FBI dossier on Eleanor Roosevelt reveals Hoover's close monitoring of her activities and writings, and contains retaliatory charges against her for suspected Communist activities.
• Frank Sinatra – His 1,300 page FBI dossier, dating from 1943, contains allegations about Sinatra's possible ties to the American Communist Party. The FBI spent several decades tracking Sinatra and his associates.
• Marilyn Monroe – Her FBI dossier begins in 1955 and continues up until the months before her death. It focuses mostly on her travels and associations, searching for signs of leftist views and possible ties to communism. Monroe's FBI dossier is "heavily censored", but a "reprocessed" version has been released by the FBI to the public.
• John Lennon – In 1971, shortly after Lennon arrived in the United States on a visa to meet up with anti-war activists, the FBI placed Lennon under surveillance, and the U.S. government tried to deport him from the country. At that time, opposition to the Vietnam War had reached a peak and Lennon often showed up at political rallies to sing his anti-war anthem "Give Peace a Chance". The U.S. government argued that Lennon's 300 page FBI dossier was particularly sensitive because its release may "lead to foreign diplomatic, economic and military retaliation against the United States", and therefore only approved a "heavily censored" version.

• Albert Einstein, who supported the anti-war movement and opposed nuclear proliferation, was a member of numerous civil rights groups including the National Association for the Advancement of Colored People (See Albert Einstein's political views). As a result of his political views, Einstein was subjected to telephone tapping, and his mail was searched by the U.S. Federal Bureau of Investigation (FBI) as part of a secret government campaign that aimed to link him with a Soviet espionage ring in order to first discredit him, and then deport him (unsuccessfully) from the United States.
• Martin Luther King Jr., a leader of the Civil Rights Movement, was the target of an intensive campaign by the FBI to "neutralize" him as an effective civil rights activist. An FBI memo recognized King to be the "most dangerous and effective Negro leader in the country.", and the agency wanted to discredit him by collecting evidence to (unsuccessfully) prove that he had been influenced by communism.
• Daniel Ellsberg, who leaked the Pentagon Papers to the media in 1971, experienced one of the most spectacular episodes of government surveillance and character assassination. The White House tried to steal his medical records and other possibly detrimental information by sending a special unit to break into the office of Ellsberg's psychiatrist. These activities were later uncovered during the course of investigation as the Watergate scandal slowly unfolded, which eventually led to the resignation of President Richard Nixon.

1967–73: The now-defunct Project MINARET was created to spy on U.S. citizens. At the request of the U.S. Army, those who protested against the Vietnam War were put on the NSA's "watch list".

Church committee review

In 1975, the Church Committee of the United States Senate was set up to investigate widespread intelligence abuses by the NSA, CIA and FBI. Domestic surveillance, authorized by the highest executive branch of the federal government, spanned from the FDR Administration to the Presidency of Richard Nixon. The following examples were reported by the Church Committee:

• President Roosevelt asked the FBI to put in its files the names of citizens sending telegrams to the White House opposing his "national defense" policy and supporting Col. Charles Lindbergh.
• President Truman received inside information on a former Roosevelt aide's efforts to influence his appointments, labor union negotiating plans, and the publishing plans of journalists.
• President Eisenhower received reports on purely political and social contacts with foreign officials by Bernard Baruch, Eleanor Roosevelt, and Supreme Court Justice William O. Douglas.
• The Kennedy administration ordered the FBI to wiretap a congressional staff member, three executive officials, a lobbyist, and a Washington law firm. US Attorney General Robert F. Kennedy received data from an FBI wire tap on Martin Luther King Jr. and an electronic listening device targeting a congressman, both of which yielded information of a political nature.
• President Johnson asked the FBI to conduct "name checks" on his critics and members of the staff of his 1964 opponent, Senator Barry Goldwater. He also requested purely political intelligence on his critics in the Senate, and received extensive intelligence reports on political activity at the 1964 Democratic Convention from FBI electronic surveillance.
• President Nixon authorized a program of wiretaps which produced for the White House purely political or personal information unrelated to national security, including information about a Supreme Court justice.

The Final Report (Book II) of the Church Committee revealed the following statistics:

• Over 26,000 individuals were at one point catalogued on an FBI list of persons to be rounded up in the event of a "national emergency".
• Over 500,000 domestic intelligence files were kept at the FBI headquarters, of which 65,000 were opened in 1972 alone.
• At least 130,000 first class letters were opened and photographed by the FBI from 1940 to 1966.
• A quarter of a million first class letters were opened and photographed by the CIA from 1953 to 1973.
• Millions of private telegrams sent from, or to, through the United States were obtained by the National Security Agency (NSA), under a secret arrangement with U.S. telegraph companies, from 1947 to 1975.
• Over 100,000 Americans have been indexed in U.S. Army intelligence files.
• About 300,000 individuals were indexed in a CIA computer system during the course of Operation CHAOS.
• Intelligence files on more than 11,000 individuals and groups were created by the Internal Revenue Service (IRS), with tax investigations "done on the basis of political rather than tax criteria".

In response to the committee's findings, the United States Congress passed the Foreign Intelligence Surveillance Act in 1978, which led to the establishment of the United States Foreign Intelligence Surveillance Court, which was authorized to issue surveillance warrants.

Several decades later in 2013, the presiding judge of the FISA Court, Reggie Walton, told The Washington Post that the court only has a limited ability to supervise the government's surveillance, and is therefore "forced" to rely upon the accuracy of the information that is provided by federal agents.

On August 17, 1975 Senator Frank Church stated on NBC's "Meet the Press" without mentioning the name of the NSA about this agency:

In the need to develop a capacity to know what potential enemies are doing, the United States government has perfected a technological capability that enables us to monitor the messages that go through the air. Now, that is necessary and important to the United States as we look abroad at enemies or potential enemies. We must know, at the same time, that capability at any time could be turned around on the American people, and no American would have any privacy left such is the capability to monitor everything — telephone conversations, telegrams, it doesn't matter. There would be no place to hide.

If this government ever became a tyrant, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back because the most careful effort to combine in resistance to the government, no matter how privately it was done, is within the reach of the government to know. Such is the capability of this technology.

I don't want to see this country ever go across the bridge. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision so that we never cross over that abyss. That is the abyss from which there is no return.

ECHELON

In 1988 an article titled "Somebody's listening" by Duncan Campbell in the New Statesman described the signals-intelligence gathering activities of a program code-named "ECHELON". The program was engaged by English-speaking World War II Allied countries – Australia, Canada, New Zealand, the United Kingdom and the United States (collectively known as AUSCANNZUKUS). It was created by the five countries to monitor the military and diplomatic communications of the Soviet Union and of its Eastern Bloc allies during the Cold War in the early 1960s.

By the 1990s the ECHELON system could intercept satellite transmissions, public switched telephone network (PSTN) communications (including most Internet traffic), and transmissions carried by microwave. The New Zealand journalist Nicky Hager provided a detailed description of ECHELON in his 1996 book Secret Power. While some member governments denied the existence of ECHELON, a report by a committee of the European Parliament in 2001 confirmed the program's use and warned Europeans about its reach and effects. The European Parliament stated in its report that the term "ECHELON" occurred in a number of contexts, but that the evidence presented indicated it was a signals-intelligence collection system capable of interception and content-inspection of telephone calls, fax, e-mail and other data-traffic globally.

James Bamford further described the capabilities of ECHELON in Body of Secrets (2002) about the National Security Agency. Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement have, over the years, caused considerable public concern.

Global surveillance disclosures (1970–2013)

Escalation following September 11, 2001 attacks

We will come together to strengthen our intelligence capabilities to know the plans of terrorists before they act and to find them before they strike.

— President Bush speaking in Congress on September 20, 2001

In the aftermath of the September 2001 attacks on the World Trade Center and the Pentagon, bulk domestic spying in the United States increased dramatically. The desire to prevent future attacks of this scale led to the passage of the Patriot Act. Later acts include the Protect America Act (which removes the warrant requirement for government surveillance of foreign targets) and the FISA Amendments Act (which relaxed some of the original FISA court requirements).

Follow-on legislation have amended and reauthorized the post-9/11 surveillance authorities. The USA FREEDOM Act of 2015 limited certain bulk collection authorized under the USA PATRIOT Act. Subsequent legislation reauthorized Section 702 of the Foreign Intelligence Surveillance Act, which allows for warrantless surveillance of non-U.S. persons located outside the United States and will sunset in April 2026 if not reauthorized by Congress.

In 2002, "Total Information Awareness" was established by the U.S. government in order to "revolutionize the ability of the United States to detect, classify and identify foreign terrorists".

In 2005, a report about President Bush's President's Surveillance Program appeared in The New York Times. According to reporters James Risen and Eric Lichtblau, the actual publication of their report was delayed for a year because "The White House asked The New York Times not to publish this article".

Also in 2005, the existence of STELLARWIND was revealed by Thomas Tamm. In 2006, Mark Klein revealed the existence of Room 641A that he had wired back in 2003. In 2008, Babak Pasdar, a computer security expert, and CEO of Bat Blue publicly revealed the existence of the "Quantico circuit", that he and his team found in 2003. He described it as a backdoor to the federal government in the systems of an unnamed wireless provider; the company was later independently identified as Verizon.

The NSA's database of American's phone calls was made public in 2006 by USA Today journalist Leslie Cauley in an article titled, "NSA has massive database of Americans' phone calls." The article cites anonymous sources that described the program's reach on American citizens:

... it means that the government has detailed records of calls they made — across town or across the country — to family members, co-workers, business contacts and others. The three telecommunications companies are working under contract with the NSA, which launched the program in 2001 shortly after the Sept. 11 terrorist attacks.

In 2009, The New York Times cited several anonymous intelligence officials alleging that "the N.S.A. made Americans targets in eavesdropping operations based on insufficient evidence tying them to terrorism" and "the N.S.A. tried to wiretap a member of Congress without a warrant".

Acceleration of media leaks (2010–present)

On 15 March 2012, the American magazine Wired published an article with the headline "The NSA Is Building the Country's Biggest Spy Center (Watch What You Say)", which was later mentioned by U.S. Rep. Hank Johnson during a congressional hearing. In response to Johnson's inquiry, NSA director Keith B. Alexander testified that these allegations made by Wired magazine were untrue:

2013 mass surveillance disclosures

On 6 June 2013, Britain's The Guardian newspaper began publishing a series of revelations by an unnamed American whistleblower, revealed several days later to be former CIA and NSA-contracted systems analyst Edward Snowden. Snowden gave a cache of internal documents in support of his claims to two journalists: Glenn Greenwald and Laura Poitras, Greenwald later estimated that the cache contains 15,000–20,000 documents, some very large and very detailed, and some very small. This was one of the largest news leaks in the modern history of the United States. In over two months of publications, it became clear that the NSA operates a complex web of spying programs which allow it to intercept internet and telephone conversations from over a billion users from dozens of countries around the world. Specific revelations have been made about China, the European Union, Latin America, Iran and Pakistan, and Australia and New Zealand, however the published documentation reveals that many of the programs indiscriminately collect bulk information directly from central servers and internet backbones, which almost invariably carry and reroute information from distant countries.

Due to this central server and backbone monitoring, many of the programs overlap and interrelate among one another. These programs are often done with the assistance of US entities such as the United States Department of Justice and the FBI, are sanctioned by US laws such as the FISA Amendments Act, and the necessary court orders for them are signed by the secret Foreign Intelligence Surveillance Court. In addition to this, many of the NSA's programs are directly aided by national and foreign intelligence services, Britain's GCHQ and Australia's DSD, as well as by large private telecommunications and Internet corporations, such as Verizon, Telstra, Google and Facebook.

On 9 June 2013, Edward Snowden told The Guardian:

They (the NSA) can use the system to go back in time and scrutinize every decision you've ever made, every friend you've ever discussed something with, and attack you on that basis to sort of derive suspicion from an innocent life and paint anyone in the context of a wrongdoer.

— Edward Snowden

The US government has aggressively sought to dismiss and challenge Fourth Amendment cases raised: Hepting v. AT&T, Jewel v. NSA, Clapper v. Amnesty International, Al-Haramain Islamic Foundation v. Obama, and Center for Constitutional Rights v. Bush. The government has also granted retroactive immunity to ISPs and telecoms participating in domestic surveillance.

The US district court judge for the District of Columbia, Richard Leon, declared on December 16, 2013 that the mass collection of metadata of Americans' telephone records by the National Security Agency probably violates the Fourth Amendment prohibition of unreasonable searches and seizures.

Given the limited record before me at this point in the litigation – most notably, the utter lack of evidence that a terrorist attack has ever been prevented because searching the NSA database was faster than other investigative tactics – I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.

"Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government's interest in collecting and analysing bulk telephony metadata and therefore the NSA's bulk collection program is indeed an unreasonable search under the fourth amendment," he wrote.

"The Fourth Amendment typically requires 'a neutral and detached authority be interposed between the police and the public,' and it is offended by 'general warrants' and laws that allow searches to be conducted 'indiscriminately and without regard to their connections with a crime under investigation,'" he wrote. He added:

I cannot imagine a more 'indiscriminate' and 'arbitrary invasion' than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval. Surely such a program infringes on 'that degree of privacy' that the founders enshrined in the Fourth Amendment. Indeed I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware 'the abridgement of freedom of the people by gradual and silent encroachments by those in power,' would be aghast.

Leon granted the request for a preliminary injunction that blocks the collection of phone data for two private plaintiffs (Larry Klayman, a conservative lawyer, and Charles Strange, father of a cryptologist killed in Afghanistan when his helicopter was shot down in 2011) and ordered the government to destroy any of their records that have been gathered. But the judge stayed action on his ruling pending a government appeal, recognizing in his 68-page opinion the "significant national security interests at stake in this case and the novelty of the constitutional issues."

Legislation in 2014 and 2015

On 20 May 2014, U.S. Representative for Michigan's 8th congressional district Republican congressman Mike Rogers introduced the Intelligence Authorization Act for Fiscal Years 2014 and 2015 with the goal of authorizing appropriations for fiscal years 2014 and 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency (CIA) Retirement and Disability System, and for other purposes. Versions of the bill were passed into law for FY2014 and FY2015.

The USA Freedom Act was signed into law on June 2, 2015, the day after certain provisions of the Patriot Act had expired. It mandated an end to bulk collection of phone call metadata by the NSA within 180 days, but allowed continued mandatory retention of metadata by phone companies with access by the government with case-by-case approval from the Foreign Intelligence Surveillance Court. Later audits and a management decision led to a suspension and cancellation of the Call Detail Records program, with the government oversight bodies determining it had a low yield of unique information.

Section 215 of the USA PATRIOT Act had previously been used to justify the bulk collection of domestic telephone metadata by the National Security Agency. Two later oversight reviews of the use of this authority examined its operations and its value, the Privacy and Civil Liberties Oversight Board found that the Section 215 bulk metadata program had "yielded limited unique counterterrorism value" and "often duplicated information more efficiently obtained by targeted investigations.

2020s

The 2020s are seeing even more surveillance on Americans by utilizing a loophole left in the Fourth Amendment in tandem with increased artificial intelligence or AI capabilities. The increasing utilization of AI in surveillance applications is best illustrated by reports such as Anthropic's AI model Claude being used in the raid on Venezuela. Shortly after the raid, CEO of Anthropic Dario Amodei warned their technologies could be used on American citizens as permitted by the Fourth Amendment's loophole to produce a comprehensive profile on Americans " automatically and at massive scale." Additionally, organizations such as the Electronic Frontier Foundation, a digital rights group, have already spoken out against companies such as Flock Safety, a surveillance company, for their utilization of these same AI surveillance technologies. The organization notably takes issue with how Flock's policing tools are often utilized, such as when their tracing tools were deployed against protestors during the No Kings Protests.

Second Trump presidency

The second Trump administration has sought state data and consolidated historically isolated federal data. The Justice Department has sought state voter data. The Department of Government Efficiency has collected data seeking access to IRS, Social Security, Selective Service, Medicare, Health and Human Services, Securities and Exchange Commission, National Labor Relations Board, and student data. DHS has expanded its surveillance particularly to enable the administration's immigration priorities. This follows from DHS's earlier use of databases in the 2010s to profile Latino Americans and contribute to "self-deportation" techniques or physical deportations by way of the DHS gang databases.