SOUTH HADLEY,
Mass. -- It all seems so innocent. Atty. Gen. John Ashcroft wants
to unleash the FBI to surf the Web for possible terrorists. And
it could be, except for the insidious fact that each time politicians
have "unleashed" an investigative agency, even for the
best of reasons, bad things have happened without improving security.
In 1970, I wrote an article about the Army's surveillance of civil
rights and anti-war movements. Its domestic-spying program employed
1,500 agents and was undertaken without authority from Congress,
the president or even the secretary of the Army. My name was soon
added to President Nixon's "enemies list" for a tax
audit. The Army tried to monitor my incoming mail. Shortly before
I was to testify before North Carolina Sen. Sam J. Ervin Jr.'s
subcommittee on constitutional rights, Army colonels falsely informed
committee staffers that I had fathered illegitimate children.
It was the stuff of intimidation--and it worked most of the time.
Many former FBI agents said they would only provide information
to the Senate subcommittee if their identities were not disclosed;
few dared testify in public. In 1972, I was hired by Ervin's committee
to analyze the information, stored on six computers, that the
Army had obtained from its domestic political spying. The files
showed that the Army had clearly violated the privacy and free-speech
rights of hundreds of thousands of law-abiding Americans. But
they also revealed how useless the spying had been--not one report
pointed to any foreign or criminal involvement in domestic political
protests.
Other domestic-spying programs have been similarly fruitless.
In the 1950s and 1960s, the FBI, the Army, the CIA and many police
department "red squads" clipped newspapers and attended
public meetings with the aim of identifying people sympathetic
to communists. Their agents also infiltrated many law-abiding
groups in search of "reds" or fellow travelers. The
Army, whose only domestic duty was to put down riots, eventually
spied on every demonstration of 20 people or more. But all this
snooping never predicted a riot or uncovered any plot, communist
or otherwise, to turn a lawful protest into a criminal attack.
During the Cold War, the FBI undertook more than 500,000 counterintelligence
investigations against domestic political groups. Not one produced
an indictment. Yet the investigations gradually changed the character
of the agency, from one chiefly concerned with law enforcement
to one centered on spying.
Trouble was, the more the FBI thought of itself as an intelligence
agency, the less it felt restrained by law. Without a statutory
charter, Justice Department guidelines or meaningful legislative
oversight, the bureau conducted thousands of burglaries, called
"black bag" jobs, and opened hundreds of thousands of
first-class letters. It also bugged, without warrants, people
not suspected of any crimes.
Nixon's secret plan, hatched in late 1970, to use the FBI, Army
and CIA to spy on critics of the Vietnam War ultimately contributed
to his downfall, sent his attorney general to prison and persuaded
the FBI to adopt the very guidelines that Ashcroft now finds "outdated"
in the war against terrorism. But without those guidelines, harassment
and dirty tricks are likely to be acceptable again as long as
they are directed against suspected terrorists and their sympathizers
and as long as the Bush administration can plausibly deny authorizing
them.
Some say that would be OK if the spying helps protect us from
terrorists. But the opposite is more likely to occur. The investigations
Ashcroft envisions are almost certain to inundate analysts with
so much irrelevant information that they won't be able to separate
meaningful signals from the static.
Whether there was a significant intelligence failure leading up
to Sept. 11 remains to be seen. If there was one, however, it
probably resembled the failure that left Pearl Harbor unguarded
Dec. 7, 1941: the inability to collate and analyze useful signals
from many sources in time to prevent a surprise attack. One of
the great benefits of the "outdated" FBI guidelines
was that they protected the bureau from wasting limited resources
vacuuming up domestic political trivia. Good intelligence work,
like good sleuthing, requires a disciplined, focused, well-coordinated
exploitation of promising leads.
The war against Al Qaeda will not be won at home. Mohamed Atta,
the director of the Sept. 11 attacks, didn't reveal his plans
in an Internet chat room. So, instead of unleashing FBI agents
to spy on Middle Easterners in the United States, the government
should hire hundreds of foreign-born linguists on a contract basis
and send them off to track down leads in Pakistan, Indonesia or
Kashmir. Other linguists should be hired to analyze the results,
much as we used Japanese Americans to read Japanese code traffic
during World War II. And most of these linguists should not be
integrated into existing agencies. They should be assigned to
new units free of the usual bureaucratic impediments to curiosity,
imagination and initiative.
Would such measures prevent another terrorist attack in the United
States? Probably not, but they will do more good and less harm
than assigning English-only white guys to hang around New Jersey
mosques or to monitor chat lines in Peoria.
Christopher H. Pyle, who teaches civil liberties
at Mount Holyoke College, is the author of "Military Surveillance
of Civilian Politics, 1967-1970.