新华网8月18日电 据美国科技博客Gizmodo报道,《华盛顿邮报》最近发表了两篇文章,曝光了美国国家安全局(NSA)无法无天的窃听行为。第一篇报道是关于NSA如何疯狂:NSA每年上千次“打破隐私规则,超越它的的法律授权”,第二篇报道解释疯狂的原因:“外国情报监控法庭”(FISC)本应该负责管理政府的窃听计划,但是FISC说它“做这件事的能力有限,而且要信任政府”会报告不良行为。
基本上,NSA可以为所欲为,而且没人检查。内部审计显示,NSA去年共越权2776次。《华盛顿邮报》拿到了NSA内部审计报告和其他文件,该报说大部分违规行为都与“对美国人或美国境内的外国情报目标的未经批准的监控”有关,这其中包括一些错误:
截获大量从华盛顿拨出的电话,通话人误把美国地方区号202拨成了埃及国际区号20
在收集信息之前不通知外国情报监控法庭,在运行起来后才通知(此后这种行为被裁定违宪)
违反法庭禁令,获取超过3000名美国公民和绿卡持有者的信息
一些错误可能是人为错误,但所有这些问题暴露出判断上和尊重上的严重不足,因为在监视别人的时候肯定是侵犯隐私的。检查和制衡机制在哪里?程序在哪里?犯错误就这么容易么?看看NSA的监控程序和犯的这些错误,真实让人担心啊。
情况还在变得更遭。外国情报监控法庭首席法官说,法庭甚至不能确定NSA破坏规定的频率,或者查清这些破坏行为是不是故意的。美国地区法官雷吉·沃顿对邮报说:
外国情报监控法庭没有能力调查 不遵守规定的行为,因此这个法庭和其他法庭一样无法破事(政府)遵守其命令。
这可不是好消息,虽然奥巴马经常说联邦法官都在“监督我们”。看起来,政府创造了一个自己都控制不了的恶魔。
译者:林杉
百度新闻与新华网国际频道合作稿件,转载请注明出处。
The NSA Oversteps Its Legal Authority and the Court Can't Stop It
The Washington Post dropped two reports that exposes the recklessness of the NSA's spying program. The first report is insane: the NSA has "broken privacy rules or overstepped its legal authority" thousands of times a year and the second report explains the insanity: the FISC court that's supposed to be in charge of government spying programs has said that "its ability do so is limited and that it must trust the government" to report when the government has screwed up.
Basically, the NSA gets to do whatever it wants and no one can really check it. An internal audit revealed that the NSA overstepped its bounds 2,776 times in the past year. According to the Washington Post, who got their hands on the internal NSA audit along with other documents, most of those infractions deal with "unauthorized surveillance of Americans or foreign intelligence targets in the United States" which include mistakes like:
Intercepting a large number of calls from Washington when someone confused the US area code 202 for 20, the international dialing code for Egypt
Starting a new collection method without noticing the Foreign Intelligence Surveillance Court until it was in operation (it was later ruled unconstitutional)
Violating a court order to obtain data of more than 3,000 Americans and green card holders.
Some of these mistakes could possible be due to typical human error but the sum total of all these screw ups reveal a serious lapse in judgment and in respect when dealing with the fact that, well, you are invading people's privacy when you spying on people. Where are the checks and balances? Where is the process? Can it be that easy to make a mistake? Combining the scope of the spying program with the scope of the NSA's mistakes is definitely worrying.
And somehow, it gets worse. The chief judge of the Foreign Intelligence Surveillance Court says the court can't even verify how often the NSA breaks the rules and figure out if these instances of rule breaking are even unintentional. US District Judge Reggie Walton told the Post:
The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.
That's not good news, considering how President Obama said that federal judges were in place to "look over our shoulder". It looks like the government has created a monster that no one can actually control.