McConnell Suggests the U.S. Monitor All Internet Use

Michael McConnell, U.S. Director of Intelligence, thinks the threat of cyber 9/11 is so great that the U.S. government should have unfettered and warrantless access to U.S. citizens' Google search histories, private e-mails and file transfers, in order to spot the cyberterrorists in our midst.^[1]

In May of 2007 McConnell convinced President Bush that a massive cyber-attack on a single U.S. bank would be worse for the economy than the terrorist attacks of September 11.^[2] In response, the NSA developed a plan to eavesdrop on internet goings on -- in order to protect it. this frightening circular argument seems to be gaining more ground.

Ed Giorgio, who is working with McConnell on the plan, asserted that in order for cyberspace to be policed, internet activity will have to be closely monitored; that would entail giving the government the requisite authority to examine the content of any e-mail, file transfer, or Web search.^[3]

The greenlight for any wiretaps currently comes from the Foreign Intelligence Surveillance Court; and that entity only has the ability to grant intercepts that physically happen within the borders of the United States.^[4] The NSA has always been free to intercept foreign communications overseas -- the mission for which they were created and funded -- even if the call passes through a U.S. switch.^[5] The FISA law is intended to prevent the NSA from operating inside the United States, thus making McConnell’s plan all the more troubling.^[6]

Since 2005, the warrantless wiretapping program has become the topic of 40 lawsuits.^[7]Federal criminal defense attorney Douglas McNabb has previously blogged about the U.S. government’s warrantless wiretapping, here.

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^[1] Ryan Singel, NSA Must Examine All Internet Traffic to Prevent Cyber Nine-Eleven, Top Spy Says, Wired, January 15, 2008, available at http://blog.wired.com/27bstroke6/2008/01/feds-must-exami.html (last visited January 16, 2008).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] John Leyden, US warrantless wiretapping predates 9/11, The Register, December 18, 2007, available at http://www.theregister.co.uk/2007/12/18/warrantless_wiretapping_latest/ (last visted December 28, 2007).