"The parallels between the 1970s and today are unmistakable," said Kurt Opsahl, senior staff attorney of the San Francisco-based, nonprofit foundation. "Then as now, we see a massive surveillance program of electronic communication. "Back then, you had telegrams and telephones. Today, you have cellphones and computers," he said. "The result has been the same -- the growth of a secret surveillance state that must be cut back."
Sen. Frank Church, an Idaho Democrat, chaired the select bipartisan committee that was developed as Washington recovered from the Watergate scandals that rocked President Nixon's administration. The committee's 1975 investigations uncovered a long list of federal spying and dirty tricks during the Cold War against the Soviet Union that raked in domestic civil rights groups, draft protesters, political parties and tens of thousands of ordinary Americans.
Armed with the findings, Congress passed laws during the next three years to rein in the power of federal law enforcement, military, tax collection and espionage agencies. Critics say those protections eroded after 9/11 and twin wars in Afghanistan and Iraq. Case in point is the key law born from the Church Committee's findings, the Foreign Intelligence Surveillance Act of 1978, or FISA. Designed to regulate how and when a federal agency could eavesdrop on American citizens communicating with foreign powers during the Cold War, FISA's court convened in secret but required agencies to obtain warrants from its judges before snooping.
The USA PATRIOT Act of 2001 and later amendments transformed FISA into a toothless tiger when it comes to protecting privacy, critics claim. They say its court rubber-stamps requests that other federal magistrates would toss out. No citizen can appear to challenge the court's decrees, and mandatory gag orders prevent discussions of rulings when they're issued. FISA judges approved all 1,856 warrants the Department of Justice requested in 2012, with the government withdrawing only one application. The judges modified 40 more, according to its annual report.
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