Yesterday, the House of Representatives voted to re-authorize the 2008 FISA Amendments Act (FAA). The FAA Re-authorization represents the normalization of a domestic surveillance state.

The FAA was bad enough in 2008, when it "legalized" parts of the Bush warrantless wiretapping program and gave retroactive immunity to telecommunications companies that gave up customers' private data to the government, but at least it had a sunset. American Civil Liberties Union legislative counsel Michelle Richard said of the re-authorization:

Yet again, the House has rubberstamped a law so broad and vague that, despite its passage four years ago, we still have little idea how the government is using it.  

Despite the facts that:

1. the sunset provided Congress an opportunity to rethink the broad surveillance powers the Executive has repeatedly abused;
2. even Senators - like Ron Wyden (D-OR) - cannot get a straight answer from the intelligence community about how the law is being used against Americans; and
3. whistleblowers, like my client National Security Agency (NSA) whistleblower William Binney, have risked everything to expose domestic spying, the House voted to further empower the Executive's already unprecedented surveillance powers.

The House was obviously not listening to the numerous warnings about continuing unchecked domestic surveillance programs from my clients – NSA whistleblowers William Binney, J. Kirk Wiebe, and Thomas Drake – all of whom were criminally investigated in retaliation for their disclosures. (Drake was prosecuted under the Espionage Act and faced decades in prison before the Justice Department's case against him collapsed in spectacular fashion days before trial.)

Whatever your opinion of Wikileaks founder Julian Assange, he was right when he called for an end to the war on whistleblowers in his speech outside the Ecuadorian Embassy in London yesterday:

The U.S. administration's war on whistleblowers must end. Thomas Drake, William Binney, John Kiriakou, and other heroic whistleblowers must be pardoned or compensated for the hardships they have endured as servants of the public record.

While my clients' stories differ greatly from Assange's, the Obama administration has threatened to criminally prosecute all of them with the same draconian Espionage Act, a law meant to go after spies not whistleblowers. And the effect of the Obama administration's policy – if not the goal – is the same for my clients and Assange - to silence dissent.

Despite that Assange is often attacked for only looking out for himself (who could blame him considering London police were waiting outside the Ecuadorian embassy to arrest him?), he took time in his minutes-long speech to reach out to others who have been prosecuted. He also correctly identified the Obama administration's war on whistleblowers as a war on journalists and the media, a connection made by myself, Glenn Greewald, and the US main stream media itself.

The United States must pledge before the world that it will not pursue journalists for shining a light on the secret crimes of the powerful.There must be no foolish talk about prosecuting any media organisations, be it Wikileaks or the New York Times.

Assange calls for an end to U.S.'s "witch hunt" against Wikileaks called to mind Supreme Court Louis Brandeis:

Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women.

Glenn Greenwald wrote yesterday about "secrecy creep"  – the retaliation against whistleblowers that has crept down from the White House into Executive branch agencies.

Whistleblowers have always been subjected to retaliation, but the retaliation used to be focused on marginalizing the whistleblower, shifting or eliminating the whistleblower's job duties, firing her, or yanking her security clearance. Now, with the Obama administration's war on whistleblowers, whistleblower retaliation includes polygraphs, systematic monitoring of whistleblowers' electronic activities, and prosecution under the Espionage Act – even at Executive agencies beyond the intelligence community.

Intelligence community whistleblowers like former National Security Agency (NSA) officials Bill Binney and J. Kirk Wiebe were targeted with criminal investigation and subjected to armed FBI raids. Even more severe, whistleblowers like former NSA official Thomas Drake and former CIA officer John Kiriakou were indicted under the Espionage Act.

Now Executive branch agencies outside the intelligence community are using the secrecy and surveillance tactics to punish whistleblowers.

Greenwald provides concrete examples of the secrecy creep resulting in increased whistleblower retaliation:

[1] . . . McClatchy reported on a criminal investigation launched by the Inspector General (IG) of the National Reconnaissance Office, America’s secretive spy satellite agency, against the agency’s deputy director, Air Force Maj. Gen. Susan Mashiko. After Mashiko learned that four senior NRO officials whose identities she did not know reported to the IG “a series of allegations of malfeasant actions” by another NRO official relating to large contracts, Mashiko allegedly vowed: “I would like to find them and fire them.”

[2] It was not until 2011 that the Interior Department . . .  hired . . . a hydrologist, Dr. Paul Houser, who was previously an associate professor in George Mason University’s Geography and Geoinformation Sciences Department.

The UK's Daily Mail reports:

The Department of Homeland Security [DHS] has been forced to release a list of keywords and phrases it uses to monitor social networking sites and online media for signs of terrorist or other threats against the U.S.

The Electronic Privacy Information Center (EPIC) obtained the list of mostly-innocuous words DHS finds important enough to include in a guide for analysts whose goal is to

[identify] media reports that reflect adversely on DHS and response activities.

The list includes completely innocent words anyone would use in social networking, such as

flu
leak
incident
response
cops
exercise
sick
pork
electric
cancelled
smart
power
delays
cloud
vaccine
interstate
closure
emergency
hurricane
organization
metro
storm
virus
help

Whistleblowers like former National Security Agency (NSA) officials William Binney, J. Kirk Wiebe, and Thomas Drake have repeatedly warned us about a burgeoning surveillance state. At great personal risk considering Binney, Wiebe, and Drake were all targeted with a criminal investigation and Drake was prosecuted under the Espionage Act, Binney has publicly revealed massive domestic surveillance, which began under President George W. Bush in the aftermath of 9/11, and is continuing rampantly under President Obama. All three have written extensively and spoken out against NSA's domestic spying.

Nonetheless, yesterday, an apparently hard-of-hearing Senate panel reauthorized the constitutionally problematic FISA Amendments Act, which gutted long-standing safeguards for Americans' privacy in the Foreign Intelligence Surveillance Act. Considering how badly NSA has abused its surveillance powers since 9/11, it is infuriating that any Senator claiming to represent his or her citizenry would consider giving NSA more surveillance authority.

In fact, Senators Ron Wyden (D-OR) and Mark Udall (D-CO) - the same Senators who warned us about the Justice Department secret interpretation of another surveillance power: Section 215 of the (un)PATRIOT Act - objected to the re-authorization because NSA refused to give them a clear answer to a simple question: "How many innocent Americans is the NSA monitoring?" WaPo reported:

Sens. Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) opposed the extension on civil liberties grounds. Wyden, concerned that the provision allows innocent Americans’ e-mails and phone calls to be monitored without a warrant, has asked the administration to disclose how many Americans have had their communications monitored under the law.

First Amendment written on the front of the Newseum in Washington, DCEvents of just last week reveal a full-on assault on the First Amendment. Since it seems our government has forgotten, the First Amendment reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

There are no exceptions in the text, but in practice, more and more often our government only applies the First Amendment when convenient.

"Free Exercise of Religion" – EXCEPT for Muslims. Last week a Muslim-American toddler was removed from an airplane for being on the no-fly list. And this is just one of many recent policies unjustly targeting Muslim-Americans, from racist law enforcement training materials, to surveillance in Mosques, to prosecution under material support for terrorism laws. Even the New York Times has published commentary on the "Separate Justice System" for Muslims.

"Freedom of Association" – EXCEPT with dissenters, as evidenced by the Storm Trooper-esque police force that literally beat back peaceful protesters at Chicago's NATO meeting:

Some among the hundreds of officers repeatedly struck protesters with police batons

National Security Agency (NSA) whistleblowers Thomas Drake, Bill Binney, J. Kirk Wiebe, Edward Loomis, and Diane Roark have been through enough. They were targeted with a federal criminal investigation and subjected to armed FBI raids in July 2007. Binney had a gun pointed to his head as he stepped out of the shower. Drake has the dubious distinction of being the fourth person in U.S. history (and first by the Obama administration) indicted under the Espionage Act for alleged mishandling of classified information.

They have since been forced to sue NSA in an attempt to recoup property the government took in 2007. First, NSA claimed it would take an inordinately long time to perform the "arduous process" of reviewing the seized materials for classified information. (A brief pause to consider the ridiculousness of our nation's massive spy agency needing extra time to go through a few hard drives it has had for over four years). Perhaps the difficulty came because NSA's process involved essentially "word searching" the computers for key terms like "NSA" and "TOP SECRET" to find supposedly classified information.

When the Court tired of NSA's excuses and ordered NSA to actually respond to the whistleblowers' lawsuit, NSA moved on May 11th to dismiss the lawsuit claiming that all the property NSA still has is classified.

NSA's latest claims of secrecy are especially incredible considering NSA couldn't find a single shred of classified information in Drake's home in order to make their Espionage Act case against him stick. The case collapsed in spectacular fashion days before trial when the government dropped all felony charges in exchange for Drake pleading to a minor misdemeanor not involving classified information. Bush's former classification czar (J. William Leonard) said about the Drake case that he had never seen a "more deliberate and willful example of government officials improperly classifying a document." Yet, NSA bizarrely continues to stubbornly claim that there is classified information on Drake's computers.