Despite local legislation and several court
orders limiting policy spying activities, these investigatory practices
have been generally found to be legal unless significant "chilling" of
constitutional rights can be proved.
Telephone problems
Electronic surveillance equipment is now
so sophisticated that you should not be able to tell if your telephone
conversations are being monitored. Clicks, whirrs, and other noises probably
indicate a problem in the telephone line or other equipment.
For example, the National Security Agency
has the technology to monitor microwave communications traffic, and to
isolate all calls to or from a particular line, or to listen for key words
that activate a tape recording device. Laser beams and "spike" microphones
can detect sound waves hitting walls and window panes, and then transmit
those waves for recording. In these cases, there is little chance that
the subject would be able to find out about the surveillance.
Among the possible signs you may find are:
V.
Hearing a tape recording of a conversation you, or someone else in your
home or office, have recently held.
VI.
Hearing people talking about your activities when you try to use the telephone.
VII.
Losing service several days before major events.
Government use of electronic surveillance
is governed by several laws. Warrants for such surveillance can be obtained
if there is evidence of a federal crime, such as murder, drug trafficking,
or crimes characteristic of organized crime, or for the purpose of gathering
foreign intelligence information available within the U.S. In the latter
case, an "agent of a foreign power" can be defined as a representative
of a foreign government, from a faction or opposition group, or foreign
based political groups.
Mail problems
Because of traditional difficulties with
the U.S. Postal Service, some problems with mail delivery will occur, such
as a machine catching an end of an envelope and tearing it, or a bag getting
lost and delaying delivery.
However, a pattern of problems may occur
because of political intelligence gathering:
VIII.
Envelopes may have been opened prior to reaching their destination; contents
were removed and/or switched with other mail. Remember that the glue on
envelopes doesn't work as well when volume or bulk mailings are involved.
IX.
Mail may arrive late on a regular basis different from others in your neighborhood.
X.
Mail may never arrive.
There are two kinds of surveillance permitted
with regards to mail: the mail cover, and opening of mail. The simplest,
and least intrusive form is the "mail cover" in which Postal
employees simply list any information that can be obtained from the envelope,
or opening second, third or fourth class mail. Opening of first class mail
requires a warrant unless it is believed to hold drugs or audibly "ticks." More
leeway is given for opening international mail.
Burglaries
A common practice during the FBI's Counter-Intelligence
Program (COINTELPRO) was the use of surreptitious entries of "black
bag jobs." Bureau agents were given special training in burglary,
key reproduction, etc. for use in entering homes and offices. In some cases,
key could be obtained from "loyal American" landlords or building
owners.
Typical indicators are:
XI.
Files, including membership and financial reports are rifled, copied or
stolen.
XII.
Items of obvious financial value are left untouched.
XIII.
Equipment vital to the organization may be broken or stolen, such as typewriters,
printing machinery, and computers.
XIV.
Signs of a political motive are left behind, such as putting a membership
list or a poster from an important event in an obvious place.
Although warrantless domestic security searches
are in violation of the Fourth Amendment, and any evidence obtained this
way cannot be used in criminal proceedings, the Reagan Administration and
most recent Presidents (excepting Carter) have asserted the inherent authority
to conduct searches against those viewed as agents of a foreign power.
Informers and Infiltrators
Information about an organization or individual
can also be obtained by placing an informer or infiltrator. This person
may be a police officer, employee of a federal agency, someone who has
been charged or convicted of criminal activity and has agreed to "help" instead
of serve time, a member of an organization or business, or anyone from
the public.
Once someone joins an organization for the
purposes of gathering information, the line between data gathering and
participation blurs. Two types of infiltrators result -- someone who is
under "deep cover" and adapts to the lifestyle of the people
they are infiltrating. These people may maintain their cover for many years,
and an organization may never know who these people are. Agents "provocateur" are
more visible, because they will deliberately attempt to disrupt or lead
the group into illegal activities. They often become involved just as an
event or crisis is occurring, and leave town or drop out after the organizing
slows down.
An agent may:
XV.
Volunteer for tasks which provide access to important meetings and papers
such as financial records, membership lists, minutes and confidential files.
XVI.
Not follow through or complete tasks, or else does them poorly despite
an obvious ability to do good work.
XVII.
Cause problems for a group such as committing it to activities or expenses
without following proper channels; urge a group to plan activities that
divide group unity.
XVIII.
Seem to create or be in the middle of personal or political differences
that slow the work of the group.
XIX.
Seek the public spotlight, in the name of your group, and then make comments
or present an image different from the rest of the group.
XX.
Urge the use of violence or breaking the law, and provide information and
resources to enable such ventures.
XXI.
Have no obvious source of income over a period of time, or have more money
available than his or her job should pay.
XXII.
Charge other people with being agents, (a process called snitch-jackets),
thereby diverting attention from him or herself, and draining the group's
energy from other work.
These are not the only signs, nor is a person
who fits several of these categories necessarily an agent. Be extremely
cautious and do not call another person an agent without having substantial
evidence.
Courts have consistently found that an individual
who provides information, even if it is incriminating, to an informer has
not had his or her Constitutional rights violated. This includes the use
of tape recorders or electronic transmitters as well.
Lawsuits in Los Angeles, Chicago and elsewhere
(during the 1970’s and early 80’s), alleging infiltration of lawful political
groups resulted in court orders limiting the use of police informers and
infiltrators. (Some of these have since been overridden in different venues.)
If you find evidence of surveillance
XXIII. Hold
a meeting to discuss spying and harassment.
XXIV.
Determine if any of your members have experienced any harassment or noticed
any surveillance activities that appear to be directed at the organization's
activities. Carefully record all the details of these and see if any patterns
develop.
XXV.
Review past suspicious activities or difficulties in your group. Has/Have
one or several people been involved in many of these events? List other
possible "evidence" of infiltration.
XXVI.
Develop an internal policy on how the group should respond to any possible
surveillance or suspicious actions. Decide who should be the contact person(s),
what information should be recorded, what process to follow during any
event or demonstration if disruption tactics are used.
XXVII.
Consider holding a public meeting to discuss spying in your community and
around the country. Schedule a speaker or film discussing political surveillance.
Actions to take now, before something happens:
XXVIII. Make
sure to protect important documents or computer disks, by keeping a second
copy in a separate, secret location. Use fireproof, locked cabinets if
possible.
XXIX.
Implement a sign-in policy for your office and/or meetings. This is helpful
for your organizing, developing a mailing list, and can provide evidence
that an infiltrator or informer was at your meeting.
Prepare for major demonstrations and events
Plan ahead:
XXXI. Brief
your legal workers on appropriate state and federal statutes on police
and federal officials spying. Discuss whether you anticipate photographers
or videographers to be covering your event, and decide if you want to challenge
any law enforcement or suspicious “free lance” journalists attempting to
record those present at your event.
XXXII. If
you anticipate surveillance, brief reporters who are expected to cover
the event, and provide them with materials about past surveillance by your
city's police in the past, and/or against other activists throughout the
country.
XXXIII. Tell the
participants when surveillance is anticipated and discuss what the group's
response will be. Also, decide how to handle provocateurs, police violence,
etc. and incorporate this into any affinity group, marshal or other training.
During the event:
XXXIV. Carefully monitor
the crowd, looking for surveillance or possible disruption tactics. Photograph
any suspicious or questionable activities.
XXXV. Approach
police officer(s) seen engaging in questionable activities. Consider having
a legal worker and/or press person monitor their actions.
If you suspect someone is an infiltrator:
XXXVI. Try to obtain
information about his or her background: where s/he attended high school
and college; place of employment, and other pieces of history. Attempt
to verify this information.
XXXVII. Check public records
which include employment; this can include voter registration, mortgages
or other debt filings, etc.
XXXVIII. Check listings
of police academy graduates, if available.
Once you obtain evidence that someone is an infiltrator:
Internally:
XXXIX. Confront
him or her in a protected setting, such as a small meeting with several
other key members of your group (and an attorney if available). Present
the evidence and ask for the person's response.
XL.
You should plan how to inform your members about the infiltration, gathering
information about what the person did while a part of the group and determining
any additional impact he or she may have had.
XLI.
You should consider contacting the press with evidence of the infiltration.
If you can only gather circumstantial evidence, but are concerned that
the person is disrupting the group:
XLII.
Hold a strategy session with key leadership as to how to handle the troublesome
person.
XLIII.
Confront the troublemaker, and lay out how the person is disrupting the
organization. Set guidelines for further involvement and carefully monitor
the person's activities. If the problems continue, consider asking the
person to leave the organization.
XLIV.
If sufficient evidence is then gathered which indicates she or he is an
infiltrator, confront the person with the information in front of witnesses
and carefully watch reactions.
If there is solid proof of a problem, request an investigation or make
a formal complaint:
XLV.
Report telephone difficulties to your local and long distance carries.
Ask for a check on the lines to assure that the equipment is working properly.
Ask them to do a sweep/check to see if any wiretap equipment is attached
(Sometimes repair staff can be very helpful in this way.) If you can afford
it, request a sweep of your phone and office or home form a private security
firm. Remember this will only be good at the time that the sweep is done.
XLVI.
File a formal complaint with the U.S. Postal Service, specifying the problems
you have been experiencing, specific dates, and other details. If mail
has failed to arrive, ask the Post Office to trace the envelope or package.
XLVII.
Request a formal inquiry by the police, if you have been the subject of
surveillance or infiltration. Describe any offending actions by police
officers and ask a variety of questions. If an activity was photographed,
ask what will be done with the pictures. Set a time when you expect a reply
from the police chief. Inform members of the City Council and the press
of your request.
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