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Media scoops FBI, learns Bureau can spy on journalists without warrant
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A set of secret rules allows the FBI to spy on journalists without normal judicial oversight. These rules have been in place since 2013, at least. They allow the FBI to search phone records and identify anonymous sources. Such broad power could have a chilling effect of freedom of speech.
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Highlights
Catholic Online (https://www.catholic.org)
7/1/2016 (7 years ago)
Published in U.S.
Keywords: FBI, government, secret, rules, Intercept
LOS ANGELES, CA (California Network) - "The Intercept" obtained records of classified FBI rules. The rules discuss National Security Letters (NSL), which permit the FBI to spy on news organizations. The FBI does not have to get permission from a judge or warn the news organization.
Armed with a NSL, an agent can access a journalist's information including phone records. The process for obtaining an NSL is all internal. An FBI attorney and an executive assistant director signs off on the letter. Several other, various personnel can independently approve the letter.
The only criteria is that the information sought by the FBI be "relevant" to a national security investigation. This of course, can be virtually anything.
Furthermore, if the FBI is not targeting the journalist, but rather the source of a leak, or a forgein agent, then the Justice Department never even needs to be informed.
The problem with these rules is that the FBI is able to authorize their own intrusions. They are able to pursue leakers, via the journalists they leak to. This can have a chilling effect on journalism because the journalist cannot protect the source.
Leaks can be a national security risk, but they can also serve as watchdogs. Perhaps the most famous such leaker is Edward Snowden, who leaked classified information to the public in late 2012. The leak revealed the government is spying on millions of Americans without judicial oversight.
Reporters have one loyalty, and that is to the truth. It is their job to obtain as much truth as they can get. It is up to their editors to publish responsibly, protecting state secrets while informing the public. Often, those creating the secrets don't want the public to know. This is usually because the secrets protect us or advance our national agenda. But sometimes those secrets are harmful to the people. In such cases, the media has a duty to inform the public.
Our government has a system of checks and balances. Sometimes those safety mechanisms fail. The final check against the government is the media. When congress, the courts, and the system fails, it is the media that pleads the case before the court of public opinion. It is the media that brings about change, often more rapidly than possibly by normal means.
We must let journalists do their jobs without fear of prosecution for telling the truth.
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