My biggest battle with the NSA came before my book [The Puzzle Palace] was even published. I had obtained the criminal file that the Justice Department had opened on the NSA. Marked as Top Secret, the file was so sensitive that only two original copies existed. Never before or since has an entire agency been the subject of a criminal investigation. Senior officials at the NSA were even read their Miranda rights. Issued on June 6, 1975, the report noted that both the NSA and CIA had engaged in questionable and possibly illegal electronic surveillance. As a result, Attorney General Edward Levi established a secret internal task force to look into the potential for criminal prosecution. Focusing particularly on NSA, the task force probed more deeply into domestic eavesdropping than any part of the executive branch had ever done before. The report's prosecutive summary also pointed to the NSA's top-secret "charter" issued by the Executive Branch, which exempts the agency from legal restraints placed on the rest of the government. This ... meant the NSA did not have to follow any restrictions placed on electronic surveillance "unless it was expressly directed to do so." In short, the report asked, how can you prosecute an agency that is above the law? More than three decades later, the NSA, like a mom-and-pop operation that has exploded into a global industry, now employs sweeping powers of surveillance that Frank Church could scarcely have imagined in the days of wired phones and clunky typewriters. At the same time, the Senate intelligence committee he once chaired has done an about face, protecting the agencies from the public rather than the public from the agencies. Without adequate oversight, or penalties for abuse, the only protection that citizens have comes not from Congress or the courts, but from whistleblowers.
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