Inside the Surveillance State: How Peaceful Activists Get Swept Up onto "Terrorist" Watch Lists

 Ten Years Later: Surveillance in the "Homeland" is a collaborative project with Truthout and ACLU Massachusetts.

How little - yet how much - has changed in the last 40 years. The COINTELPRO papers sound distinctly 21st century as they detail the monitoring of perceived threats to "national security" by the FBI, CIA, National Security Agency (NSA), Secret Service, and the military, as well as the intelligence bureaucracy's war on First Amendment protest activity.  

The Church Committee investigation concluded in 1976 that the "unexpressed major premise of the programs was that a law enforcement agency has the duty to do whatever is necessary to combat perceived threats to the existing social and political order."

In addition to massive surveillance, assassinations and dirty tricks "by any means necessary" included the creation of NSA "watch lists" of Americans ranging "from members of radical political groups, to celebrities, to ordinary citizens involved in protests against their government," with names submitted by the FBI, Secret Service, military, CIA, and Defense Intelligence Agency. The secret lists, which included people whose activities "may result in civil disturbances or otherwise subvert the national security of the US," were used by the NSA to extract information of "intelligence value" from its stream of intercepted communications.

We learned that there was, apparently, no easy way to get off the FBI's "security index."  Even after the criteria for fitting the profile of a "subversive" were revised in the mid-1950's, the names of people who no longer fit the definition remained on IBM punchcards, and were retained in field offices as "potential threats." A card would only be destroyed "if the subject agreed to become an FBI source or informant" or in another way indicated a "complete defection from subversive groups."

By 1960, the FBI had compiled 432,000 files on "subversive" individuals and groups, and they were getting hard to handle. The following decade brought the promise of a technological fix. Under the guidance of the attorney general at the time, Ramsey Clark, the FBI explored the potential for "computerizing the master index." The goal of Clark's Interdivision Information Unit was to harness "automatic data processing" to put information about people collected from external and internal sources in a "quickly retrievable form."

Forty years later, the same "by any means necessary" mindset is harnessed to a national surveillance industrial complex that pumps out some 50,000 intelligence reports every day into the FBI's Terrorist Screening Database (which contains over a million names, including aliases). This error-ridden "master list" is not to be confused with the National Counterterrorism Center's Terrorist Identities Datamart Environment (TIDE)system, which held 640,000 identities in March 2011. There arereported to be about a dozen terrorism watch lists or databases, and a single tip from a credible source is all it takes to get into one or more of them, while there is no reliable way to get out. 

Given the legion of local, state and federal agents seeking out harbingers of "terrorist activity," the fact that espousing "radical" beliefs is grist for a Suspicious Activity Report (SAR) and the virtually unchecked ability of FBI operatives to spy on groups without suspicion of wrongdoing, it is not surprising that the same kind of groups that were infiltrated and spied on by the FBI, NSA, CIA, and Department of Defense (DoD) under COINTELPRO are featuring in Joint Terrorism Task Force (JTTF) investigations and fusion center data banks. The secrecy shrouding "national security" matters and the blurred jurisdictions that turn FOIA requests into pieces in a "pass the buck" shell game have made it impossible to get a clear picture of the extent of spying on protected First Amendment activity. But leaks and oversight reports indicate that a 21st century Church Committee would find a mention of any group that challenges the status quo somewhere in the vast domestic surveillance labyrinth.