This column, a version of which ran recently in the Jackson Free Press of Jackson, Miss., is a follow-up to an earlier posting about the "What We Learn From The Snowden/NSA Files" panel discussion last month at the University of Mississippi.
OXFORD, Miss. – They wanted to know about your phone calls,
your conversations, your meetings with others, your political leanings, your
opinions, your friends, your confidantes, your extracurricular activities, your
religious beliefs, your sexual habits.
Armed with such information, they knew how to deal with you
if they considered you a troublemaker. At the least, they could make sure the
whole world knew your every secret.
Who were they? In Mississippi between 1956 and 1977, they
were the spies working for the state Sovereignty Commission, the
taxpayer-funded, segregationist agency that targeted civil rights activists and
sympathizers.
In East Germany during the Cold War, they were the spies
with the Stasi, the secret security agency that compiled 6.5 million files on
one out of every three of East Germany’s 16 million citizens, enough files to
fill 120 miles of shelves.
Today, they are the employees of the National Security
Agency and its contractors, and they not only spy on U.S. citizens but even the
leaders of foreign countries. Among their files are the conversations German
Chancellor Angela Merkel had on her cell phone.
Former President Jimmy Carter says he communicates with
foreign leaders via snail mail because he believes the NSA may be snooping into
his e-mail account. Since when can a federal agency violate the 4th
Amendment constitutional rights against “unreasonable searches and seizures” of
a former president?
Why do we know these things? Thank Edward Snowden, the NSA
whistleblower now under the protection of former KGB officer Vladimir Putin in
Russia. Snowden's leaks to The Guardian and the Washington Post regarding the NSA led to Pulitzer prizes for both news organizations this week.
Mississippians and Southerners in general should appreciate the
importance of North Carolina-native Snowden’s actions, the topic of a panel discussion
last month at the University of Mississippi that included me as a panelist
along with former FBI agent and ACLU senior counsel Mike German, now a fellow
at the Brennan Center for Justice at New York University, and Ole Miss School
of Law Senior Associate Dean Matthew Hall. Ole Miss Honors College Dean
Douglass Sullivan-Gonzales was moderator.
Former top NSA executive Bill Binney, the creator of the
agency’s surveillance program, says widespread government spying on regular
citizens has turned the United States into a police state. Many of the NSA’s
files go directly to law enforcement agencies to assist them in gathering
information—without warrants—that can be used in legal cases against citizens,
he says.
Is this why the United States has become the world’s largest
gulag, accounting for 25 percent of the globe’s incarcerated population? One
out of every four adults Americans now has a police record. Louisiana and Mississippi
lead the nation in putting people behind bars.
In the Ole Miss panel discussion, Matthew Hall argued that
Snowden is a villain because he became a fugitive after leaking the NSA files,
rather than staying here to face the music like Daniel Ellsberg after leaking
the Pentagon Papers in 1971.
That argument fails to consider what has become of post-9-11
America. Bradley Manning, the U.S. Army private whose funneling of government
documents to WikiLeaks exposed the extent of civilian casualties from U.S.
attacks in Afghanistan as well as the failure of U.S. counterinsurgency
programs there, spent nearly a year in solitary confinement before his trial.
United Nations investigator Juan Mendez told The Guardian in England that Manning’s treatment was “cruel,
inhuman and degrading … torture.”
No state came closer than Mississippi to becoming a “police
state” in the 1960s, and it was a model for much of the rest of the racist
South. It investigated, intimidated and threatened anyone challenging the
status quo. It interfered with murder cases against white supremacists, let
loose police bullies on dissidents, and compromised many of the journalists who
should have been exposing its evils. Mississippians can see it all for
themselves in the more than 138,000 pages of Sovereignty Commission documents
that were ultimately released.
In the wake of the NSA scandal, a wavering President Obama
has both defended the agency and called for greater oversight of its powers.
Snowden remains a fugitive with more than a few politicians still calling for
his head. Chelsea Manning, formerly known as Bradley, will spend much of the
rest of her life in prison. WikiLeaks founder Julian Assange is a wanted man
whom U.S. officials would love to see behind bars.
Memory fades across much of the world of the days when the
FBI watched Martin Luther King Jr.’s every step, bugging his phone and
photographing his whereabouts in the hope of catching him in a compromising
position that would take him out forever and end his threat to the powers that
be. Even the FBI itself now admits on its web site that its disgraced
COINTELPRO (Counterintelligence Program) spy network of the 1960s “was
rightfully criticized … for abridging First Amendment rights.”
We haven’t forgotten here in Mississippi or the rest of the South. Have we?
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