New surveillance program will turn military satellites on US
Related to my post on Army troops being deployed in the U.S. is this story, one that has to make any concerned citizen wonder what their government is planning.
spy satellite
An appropriations bill signed by President Bush last week allows the controversial National Applications Office to begin operating a stringently limited version of a program that would turn military spy satellites on the US, sharing imagery with other federal, state, and local government agencies. The government’s own watchdog agency, the Government Accountability Office, has warned in an unpublished report that the more expansive program in the offing lacks adequate safeguards to protect privacy and civil liberties.
For now, the law restricts the NAO to “activities substantially similar” to those carried out by the Civil Applications Committee, an interagency coordinating body formed in 1976 to give civilian agencies access to military satellites for scientific and disaster preparedness purposes, such as “monitoring volcanic activity, environmental and geological changes, hurricanes, and floods.” But as a draft charter for the Office makes clear, officials at the Department of Homeland Security hope to branch out from these traditional applications, providing assistance and information to domestic law enforcement agencies.
That doesn’t sit well with some members of Congess, who in a sharply worded letter earlier this year expressed concerns that the NAO “raises major issues under the Posse Comitatus Act” barring the military from performing law enforcement duties, and worried the program could be used to “gather domestic intelligence outside the rigorous protections of the law—and, ultimately, to share this intelligence with local law enforcement outside of constitutional parameters.”
Among the questions raised about the proposed program is whether it runs afoul of the Reconstruction Era statute that makes it a crime to use the armed forces to “execute the laws” within US borders. Tim Sparapani, senior legislative counsel with the American Civil Liberties Union, believes the new initiative to be “a prima facie violation of the Posse Comitatus Act—this is about using a military asset to do domestic law enforcement.” If law enforcement or immigration agencies need spy satellites, he argues, they should ask Congress to buy them some, rather than using the powerful eyes in the sky operated by the National Reconaissance Office for foreign-intelligence agencies not bound by domestic privacy constraints. “The military should never be used against the citizenry,” he argues. “Even if we’re talking about shooting pictures of people instead of shooting people, the principle remains the same.”
And what of Fourth Amendment concerns? Here, Sparapani says, the program enters “uncharted waters.” In a pair of 1986 decisions, the Supreme Court ruled that aerial observation by surveillance planes did not count as a Fourth Amendment “search.” If you grew your marijuana out in the open, the justices essentially concluded, you could not claim a “reasonable expectation of privacy” even if the crop wasn’t visible from the ground. But the court left open the question of whether the same logic would apply in the case of technology more esoteric than an airplane. And in 2001, the court concluded that a search warrant was needed to use infrared scanners to detect the heat signature from an indoor dope-growing operation. (Source)
When the government starts making major, unprecedented moves like this with no explanation, maybe it’s time to start getting a little paranoid.
