Us Intelligence Agency: Constitutional Violators Or Protectors?

The US Constitution and statutes impose limitations on the intelligence agencies' activities. The National Security Act and laws like the CIA Act and NSA Act restrict agencies' powers, and the Fourth Amendment prohibits unreasonable searches and seizures. However, intelligence agencies have been accused of acting outside the law, violating privacy protections, and conducting bulk data collection on Americans. The CIA, for instance, has been criticized for its bulk data collection program, and the FBI has been found to violate rules regarding searches for Americans' information. Additionally, in 1973, it was revealed that the executive branch directed intelligence agencies to perform questionable domestic security operations, leading to the establishment of the Church Committee to investigate federal intelligence operations.

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The CIA's bulk data collection and search

The CIA is the United States' premier foreign intelligence agency, responsible for collecting and analyzing foreign intelligence and conducting covert action. The information collected by the CIA is used by US policymakers, including the President, to make policy decisions.

In addition, the CIA's bulk data collection and search activities must be directed at the acquisition of foreign intelligence or counterintelligence, as per Executive Order 12333. This means that the CIA cannot collect information in bulk on US citizens, and only targets non-US persons for valid foreign intelligence purposes.

FBI's mistaken raid on Atlanta house

Intelligence agencies in the United States are bound by the Constitution and statutes of the country. For instance, the CIA is prohibited from engaging in domestic law enforcement.

In 2017, the FBI mistakenly raided an Atlanta home. The U.S. Supreme Court is now hearing arguments in a years-long legal battle over the FBI raid on the wrong Atlanta house. Trina Martin and her then-boyfriend, Toi Cliatt, are suing the federal government, accusing the agents of assault and battery, false arrest, and other violations. The couple's son, Gabe, was also present during the raid. The FBI team pointed guns at the family and terrified the 7-year-old boy before realizing they were in the wrong place. The leader of the team later apologized and said that his personal GPS device had led him to the wrong address.

The lawsuit was initially dismissed by lower courts and the 11th U.S. Circuit Court of Appeals upheld that decision. However, the Supreme Court agreed in January 2025 to take up the matter. The key issue before the justices is under what circumstances people can sue the federal government to hold law enforcement accountable. The attorneys for Martin and Cliatt argue that Congress allowed for these types of lawsuits in 1974 after similar incidents made headlines. Blocking such lawsuits would leave families like Martin's without recourse.

The FBI and the Justice Department have not commented on the pending litigation. However, in court filings, the Justice Department has argued that the FBI agents did advance work to try to find the right house, making this raid different from the no-knock, warrantless raids that led to congressional action in the 1970s. The Supreme Court's decision in this case could set a precedent for how similar wrongful federal police actions are addressed in the future.

CIA's spying on anti-war activists

The CIA has a history of spying on anti-war activists, with several instances of such operations being exposed to the public. One of the earliest known operations of this nature was "Operation Mockingbird", an alleged large-scale program that began in the early years of the Cold War. This operation aimed to manipulate domestic American news media organizations for propaganda purposes. According to author Deborah Davis, the CIA recruited leading American journalists into a propaganda network and influenced the operations of front groups.

In 1967, the CIA's support of front groups was exposed when an article in Ramparts magazine reported that the National Student Association received funding from the agency. In 1973, a document published by the CIA, referred to as the "Family Jewels", contained a reference to a different operation named "Project Mockingbird", which wiretapped two syndicated columnists, Robert Allen and Paul Scott, for a period of three months in 1963.

In 1974, investigative journalist Seymour Hersh exposed another CIA operation targeting anti-war activists in an article in The New York Times. This operation, codenamed "Operation CHAOS" or "Operation MHCHAOS", was a domestic espionage project that ran from 1967 to 1974 and aimed to uncover possible foreign influence on domestic anti-war and protest movements. The operation was established by President Lyndon B. Johnson and expanded under President Richard Nixon, who sought to target what he described as the "wild orgasm of anarchists sweeping across the country like a prairie fire".

Operation CHAOS employed methods such as physical surveillance, electronic eavesdropping, and the use of informants to infiltrate anti-war groups. The operation also targeted other leftist or counter-cultural groups with no discernible connection to the Vietnam War, such as the women's liberation movement. By the end of its operation, CHAOS had files on 7,200 Americans and a computer index totaling 300,000 civilians and approximately 1,000 groups.

In addition to these operations, the CIA has also been revealed to have illegally spied on Puerto Rican and Mexican-American activists for decades. Recently declassified documents confirm that the CIA directed its assets to infiltrate and surveil Chicano, Puerto Rican, and other Latino community organizations and activists. This operation, also called "Operation Chaos", was in direct violation of the CIA's 1947 charter.

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Intelligence agencies' coordination with the government

The United States Intelligence Community (IC) is a group of separate federal government intelligence agencies and organisations that work both independently and collectively to gather information that supports US foreign policy and national security interests. The IC is overseen by the Office of the Director of National Intelligence (ODNI), which is led by the director of national intelligence (DNI) who reports directly to the US president. The IC was established by Executive Order 12333, signed by President Ronald Reagan in 1981.

The IC includes intelligence agencies, military intelligence, and civilian intelligence and analysis offices within federal executive departments. The Central Intelligence Agency (CIA), for example, is responsible for providing national security intelligence to senior US policymakers. The CIA director is nominated by the president and confirmed by the Senate. The director manages the operations, personnel, and budget of the CIA and acts as the National Human Source Intelligence Manager. The CIA is divided into seven basic components: Directorate of Analysis, Directorate of Operations, Directorate of Science and Technology, and Directorate of Support.

The Defense Intelligence Agency (DIA) is another example of a member of the IC. The DIA is a Department of Defense combat support agency with more than 16,500 military and civilian employees worldwide. The DIA provides military intelligence to warfighters, defense policymakers, and force planners in the DOD and the Intelligence Community. The DIA director acts as the principal adviser to the secretary of defense and the chairman of the Joint Chiefs of Staff on military intelligence matters. The director also chairs the Military Intelligence Board, which coordinates the activities of the defense intelligence community.

Policymakers, including the president, presidential advisors, the National Security Council, and other major departments and agencies, determine the issues that need to be addressed and set intelligence priorities. The IC's issue coordinators interact with these officials to identify core concerns and information requirements, which then guide collection strategies and the production of intelligence.

The National Security Council (NSC), chaired by the president, advises the president on national security and foreign policy. It also coordinates policies among various government agencies. The NSC is made up of the president, vice president, secretaries of Defense, State, Treasury, and Energy, and the National Security Advisor. Other agency heads and cabinet members are often invited to participate in NSC meetings. The NSC, the Secretary of Defense, the Attorney General, and the Director of Central Intelligence issue directives and procedures to implement orders.

The IC's activities are subject to extensive, court-ordered oversight by the Executive Branch, which includes all three branches of the government. The President must approve all covert or classified foreign missions and can appoint intelligence committees and commissions. The President's Intelligence Advisory Board (PIAB) is an element within the Executive Office of the President. The Privacy & Civil Liberties Oversight Board (PCLOB) is an independent agency established in 2007 that provides oversight and advice.

In summary, the IC is a group of federal government intelligence agencies and organisations that work to support US foreign policy and national security interests. The IC is overseen by the ODNI, which reports to the president. The IC includes various intelligence agencies, such as the CIA and DIA, that provide national security intelligence and advice to policymakers. The IC coordinates with policymakers, including the president and the NSC, to identify and address core concerns and information requirements. The IC's activities are subject to oversight by the Executive Branch, which includes all three branches of the government.

Intelligence agencies' contracting with private companies

Intelligence agencies in the United States are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions. These contracts are for authorized intelligence purposes and need not reveal the sponsorship of such contracts or arrangements.

The private intelligence industry has boomed due to shifts in how the US government conducts espionage in the War on Terror. In 2013, about $56 billion (USD) or 70% of the $80 billion national intelligence budget of the United States was earmarked for the private sector. Private intelligence agencies have made their services available to governments, individual consumers, and large corporations. They collect and use sensitive information and obtain information deceptively or through on-ground activities for clients.

Some private intelligence agencies have been accused of practicing "information warfare" and using online perception management, social media influencing/manipulation campaigns, and strategic disinformation (such as fake news production/propaganda production).

The US intelligence community is looking to expand its private-sector collaboration. Since the September 11, 2001, terrorist attacks, the intelligence community has heavily leaned on the private sector for technology services to help analysts, cyber warriors, and researchers spy on targets overseas and stop hackers from launching digital incursions into US critical infrastructure.

However, critics argue that the privatization of intelligence work undermines the accountability and transparency of spy agencies. The fact that much of this work is top secret makes it difficult to hold these agencies accountable.

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