National Security Agency - Criticisms

Criticisms

The NSA received criticism early on in 1960 after two agents had defected to the Soviet Union. Investigations by the House Un-American Activities Committee and a special subcommittee of the House Armed Services Committee revealed severe cases of ignorance in personnel security regulations, prompting the former personnel director and the director of security to step down and leading to the adoption of stricter security practices. Nonetheless, security breaches reoccurred only a year later when in an issue of Izvestia of July 23, 1963, a former NSA employee published several cryptologic secrets. The very same day, an NSA clerk-messenger committed suicide as ongoing investigations disclosed that he had sold secret information to the Soviets on a regular basis. The reluctance of Congressional houses to look into these affairs had prompted a journalist to write "If a similar series of tragic blunders occurred in any ordinary agency of Government an aroused public would insist that those responsible be officially censured, demoted, or fired." David Kahn criticized the NSA's tactics of concealing its doings as smug and the Congress' blind faith in the agency's right-doing as shortsighted, and pointed out the necessity of surveillance by the Congress to prevent abuse of power.

The number of exemptions from legal requirements has also been criticized. When in 1964 the Congress was hearing a bill giving the director of the NSA the power to fire at will any employee, the Washington Post wrote: "This is the very definition of arbitrariness. It means that an employee could be discharged and disgraced on the basis of anonymous allegations without the slightest opportunity to defend himself." Yet, the bill was accepted with overwhelming majority.

On January 17, 2006, the Center for Constitutional Rights filed a lawsuit, CCR v. Bush, against the George W. Bush Presidency. The lawsuit challenged the National Security Agency's (NSA's) surveillance of people within the U.S., including the interception of CCR emails without securing a warrant first.