Anaya Nolan
The Central Intelligence Agency (CIA) is a US government intelligence agency that was established in 1947. The CIA has been involved in numerous controversial activities throughout its history, including illegal surveillance of US citizens, experiments on citizens without their knowledge, and supporting foreign governments and political groups. While the CIA is prohibited by law from collecting information on US citizens, residents, and the government, it has been accused of acting outside the law and refusing to answer questions about its activities. The agency's secretive nature and its ability to skirt transparency and accountability have led to concerns about its compliance with the law.
| Characteristics | Values |
|---|---|
| Legality of breaking US laws | Prohibited |
| Legality of breaking foreign laws | Allowed |
| Bulk collection of data on US citizens | Allowed |
| Collection of data on US government, citizens, resident aliens, legal immigrants, and corporations | Prohibited |
| Accountability and transparency | Lacking |
| CIA's internal rules | Information must be "related to a duly authorized activity of the CIA" |
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What You'll Learn
The CIA's bulk collection of data on Americans
The CIA's bulk data collection program has been described as "secret," and details about the nature and extent of the program have been withheld from the public. However, US Senators Ron Wyden and Martin Heinrich have brought attention to this issue, stating that the CIA's collection of foreign communications may "incidentally" include Americans' messages and data. This has sparked concerns about the potential for the CIA to access and search through Americans' private information without appropriate restrictions or oversight.
The CIA's internal rules from 2017 state that the information collected must be "related to a duly authorized activity of the CIA," but the determination of what constitutes a "duly authorized activity" is left to the CIA itself. While the FBI has similar rules for data obtained under FISA Section 702, there have been documented instances of FBI agents violating these rules. The CIA's rules also require officers to document the purpose of their searches for Americans' information, but these rules have reportedly not been fully implemented.
The Biden administration's refusal to declassify any information about the CIA's bulk collection program further contributes to the lack of transparency surrounding the agency's activities. This secrecy has the potential to erode public trust in intelligence agencies, as seen in the aftermath of the Snowden disclosures. To maintain legitimacy and effectiveness, intelligence leaders must provide more transparency and ensure that any surveillance programs affecting Americans' privacy are subject to statutory safeguards and judicial oversight.
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The CIA's internal rules and their implementation
The CIA is prohibited by US law from collecting information regarding the US government, US citizens, resident aliens, legal immigrants, and US corporations, regardless of their location. However, there is no US law stating that the CIA cannot break foreign laws.
The CIA has a long history of refusing to answer even obvious questions and of skirting transparency and accountability. For instance, the CIA has been involved in the illegal surveillance of about 7,000 US citizens involved in the antiwar movement (Operation CHAOS), experimenting on US and Canadian citizens without their knowledge, secretly giving them LSD, and observing the results. In 1966, when Congress enacted the Freedom of Information Act (FOIA), the CIA took an early opportunity to undermine this new law when a Soviet nuclear submarine went missing in the Pacific Ocean. The CIA has also been involved in the assassination of foreign leaders, planning, coordinating, and carrying out torture, and providing technical support.
In 2015, Congress passed legislation that ended the NSA's bulk collection program and sought to prohibit bulk collection when the government is acting under the Foreign Intelligence Surveillance Act of 1978 (FISA). However, the CIA has been conducting a bulk collection program and searching through the resulting data for information about Americans. The CIA's internal rules from 2017 state that the information sought must be "related to a duly authorized activity of the CIA," as determined by the CIA itself. The CIA's rules also say that CIA officers should document their purpose in running searches for Americans' information. However, these rules have not been implemented, and there is no oversight or accountability for the CIA's actions.
The CIA's lack of transparency and accountability has led to a loss of public trust and raised concerns about the agency's ability to operate effectively. The CIA's refusal to acknowledge its involvement in Camp VII, despite overwhelming public evidence, is another example of the agency's secrecy and resistance to accountability.
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The CIA's refusal to acknowledge its records
The CIA has a long history of refusing to acknowledge its records, often to evade responsibility and transparency. One notable example is the case of Connell v. CIA, where the CIA refused to disclose information about its operational control over Camp VII, a detention facility at Guantánamo Bay. Despite extensive public records and evidence about the CIA's connection to Camp VII, the agency refused to confirm or deny the existence of any records, a tactic known as the "Glomar response". This refusal to acknowledge records has been challenged in court by the ACLU, representing James G. Connell III, an attorney for one of the men subjected to the CIA torture program at Camp VII. The ACLU argues that the CIA's claim to secrecy is absurd and that the agency is evading transparency and accountability.
The "Glomar response" was first used by the CIA in the 1970s to keep the mission of the Glomar Explorer secret. Despite mounting public evidence, the CIA refused to confirm or deny the existence of records about the ship's mission. This tactic has since been used repeatedly by the CIA to evade responsibility and avoid disclosing information. In the case of Camp VII, the CIA produced three records, withheld a fourth, and refused to confirm or deny the existence of any other responsive records. This obstruction of the FOIA process has been criticized by the ACLU and other organizations.
The outcome of the Connell v. CIA case will have important consequences for the CIA's use of the "Glomar response" and its refusal to acknowledge records. If the court rejects the CIA's claim of official secrecy, it could set a precedent for increased transparency and accountability within the agency. However, if the court allows the CIA's fiction of deniability to stand, it could further enable the CIA's obstruction of the FOIA process and evasion of responsibility. The case highlights the ongoing struggle between national security concerns and the public's right to know, with the CIA's refusal to acknowledge its records often leaving accountability and justice out of reach for those affected by its actions.
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The CIA's use of Glomar to avoid transparency
The Central Intelligence Agency (CIA) has a long history of secrecy and a lack of transparency, which has been furthered by its use of the "Glomar" response. In 1966, Congress enacted the Freedom of Information Act (FOIA), which gave the public the right to request documents from the government. However, the CIA has often undermined this law and avoided transparency by using the Glomar response, a tactic that involves refusing to confirm or deny the existence of records relating to its activities. This response is often used to evade responsibility and skirt meaningful transparency and accountability.
The Glomar response originated from the CIA's attempt to retrieve a sunken Soviet submarine, the K-129, in 1974. The operation, known as Project Azorian or Project Jennifer, involved the use of a ship called the Hughes Glomar Explorer, ostensibly owned by billionaire Howard Hughes and used for deep-sea mining. The true purpose of the mission was to extract the submarine, which contained valuable intelligence, including a code machine and nuclear missiles. While the operation was only partially successful due to mechanical failure, the CIA continued to deny the existence of records related to the mission, despite mounting public evidence.
The use of the Glomar response by the CIA has had significant implications for transparency and accountability. In the decades since the submarine incident, the CIA has repeatedly used this tactic to avoid providing information about its activities, including its use of drones to carry out lethal strikes overseas. The CIA's internal rules, which state that information sought must be "related to a duly authorized activity of the CIA," further contribute to its lack of transparency. While Congress has attempted to increase transparency and prohibit certain surveillance activities, the CIA's use of the Glomar response and its broad definition of "foreign intelligence" allow it to continue operating with a high level of secrecy.
The CIA's use of the Glomar response highlights the tension between the demands of democracy and the need for secrecy in foreign policy. While some argue that intelligence agencies require a certain level of secrecy to operate effectively, others emphasize the importance of public trust and statutory safeguards to protect the privacy and rights of citizens. The CIA's refusal to provide transparency and its ability to skirt accountability have led to increased scrutiny and efforts by organizations like the ACLU to hold the agency responsible for its actions.
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The CIA's involvement in illegal surveillance
The Central Intelligence Agency (CIA) is a civilian foreign intelligence service of the US federal government. While the CIA is focused on gathering intelligence from foreign nations, it has performed operations within the United States, some of which have been criticised for possibly violating the Constitution.
The CIA has a history of illegal surveillance, with some of its activities only coming to light years after they were conducted. One such example is "Operation Chaos", a domestic spying operation that ran during the 1960s and involved the CIA spying on as many as 7,000 Americans involved in the peace movement. This was a clear violation of its statutory mission to coordinate foreign intelligence operations only. Another program, HTLINGUAL, intercepted physical mail from 1952 to 1973, first recording addresses on envelopes and later opening and reading mail.
In more recent times, the CIA has been accused of conducting bulk collection programs and searching through data for information about Americans. "Bulk collection" refers to the indiscriminate vacuuming of data rather than targeting specific individuals or groups. While Congress passed legislation in 2015 to end the NSA's bulk collection program, this law only applies to certain types of surveillance. The CIA's internal rules from 2017 state that the information sought must be "related to a duly authorized activity of the CIA", as determined by the CIA itself. This has raised concerns about a lack of oversight and the potential for abuse.
The CIA has also been involved in intelligence activities targeting innocent Muslim communities in the Northeast, raising concerns about civil liberties and the targeting of Americans as suspected enemies. Additionally, the CIA has used National Security Letters to demand Americans' personal financial records without prior court approval.
The exposure of intelligence failings before the 9/11 attacks and the subsequent emphasis on "information sharing" has increased the likelihood of the CIA operating domestically. This shift, coupled with the CIA's history of abusing its power and lack of public accountability, has led to concerns among civil liberties advocates.
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Frequently asked questions
The CIA is prohibited by law from collecting information regarding the U.S. government, U.S. citizens, resident aliens, legal immigrants, and U.S. corporations. However, the CIA has a history of acting outside the law, including illegal surveillance of U.S. citizens and refusing to answer questions and provide information.
The CIA has been involved in the illegal surveillance of U.S. citizens, specifically targeting around 7,000 individuals involved in the antiwar movement (Operation CHAOS). The CIA also conducted experiments on U.S. and Canadian citizens without their knowledge, secretly giving them LSD and observing the results.
The CIA has no law enforcement function and focuses on intelligence gathering overseas, with limited domestic intelligence collection. The CIA also has internal rules that state the information sought must be "related to a duly authorized activity of the CIA". However, these rules have been criticized for lacking implementation and effective oversight.
The CIA's illegal activities can lead to a loss of public trust, as seen in the case of the Snowden disclosures. Additionally, legal actions, such as Connell v. CIA, aim to hold the CIA accountable for its actions and prevent further abuses of power.
The Freedom of Information Act (FOIA) gives the public the right to request government documents and receive responses. Legal organizations, such as the ACLU, have utilized this act to represent individuals in lawsuits against the CIA, seeking transparency and accountability for the agency's actions.
