The events of 9/11 have been used to dramatically expand the government’s surveillance authorities and weaken Constitutional protections.
Prior to 9/11, the Foreign Intelligence Surveillance Act (FISA) allowed the government to secretly wiretap Americans and obtain access to their electronic communications based on a judge’s individualized determination that probable cause exists to suspect a person of knowingly aiding a foreign power or terrorist. In 2005, it was revealed that the Bush administration had been conducting warrantless electronic surveillance of Americans’ communications for four years. In 2008, Congress authorized the FISA court to approve electronic surveillance programs without individual court orders or showing of individual wrongdoing.
The United States government has also used post-9/11 terrorist fears to expand its monitoring of US citizens for other purposes. For example, the FBI’s “Joint Terrorism Task Forces” and the Department of Defense’s base staff have monitored peace groups such as the Quakers. Homeland Security funding was also used to monitor citizens dissenting from US financial policies through Occupy Wall Street as well as citizens protesting the American Legislative Exchange Council.
In June 2013, the Guardian reported that the National Security Agency (NSA) was collecting the telephone records of tens of millions of Americans based on a secret court order. US Courts have continued to thwart lawsuits arguing that the program violates free speech and association and Fourth Amendment privacy rights.
The US used post-9/11 terrorist fears to expand its monitoring of US citizens who have nothing to do with terrorism.
The US has more people subject to electronic surveillance through FISA programs and through bulk collection of communications without probable cause than it does through “criminal wiretaps” predicated on a person’s probable involvement in criminal activity.
(Page updated as of March 2015)