![\"Sting](\"https:\/\/i0.wp.com\/www.dougsbriefcase.com\/blog\/wp-content\/uploads\/2013\/08\/credit-davids-zondy-Sting-headshot.jpg\")
<\/a>Sting wrote the stalk\u00ader\u2019s anthem, \u201cEvery Breath You Take,\u201d a song that takes on new mean\u00ading in light of newest NSA<\/span> rev\u00ade\u00adla\u00adtions. [Cred\u00adit: Davids Zondy]<\/p><\/div>The intel\u00adli\u00adgence community\u2019s gild\u00aded rep\u00adu\u00adta\u00adtion, already tar\u00adnished by months of unau\u00adtho\u00adrized dis\u00adclo\u00adsures, was dragged into the realm of the creepy last Fri\u00adday when an NSA<\/span> offi\u00adcial told a reporter about an agency employ\u00adee who had tapped secret gov\u00adern\u00adment data to spy on his ex-wife<\/a>.\n And he wasn\u2019t the only one. Turns out that these occur\u00adrences are fre\u00adquent enough to have acquired the code\u00adname LOVEINT<\/span><\/a>,<\/span> stalk\u00ading evi\u00addent\u00adly being an expres\u00adsion of love.<\/p>\n The agency was quick to assure us that \u201cvery rare instances of will\u00adful vio\u00adla\u00adtions of NSA\u2019s author\u00adi\u00adties have been found.\u201d The state\u00adment is coy, the words care\u00adful\u00adly cho\u00adsen. \u201cWill\u00adful vio\u00adla\u00adtions\u201d of agency pol\u00adi\u00adcy, it says, very rarely \u201chave been found<\/em>.\u201d The state\u00adment does not say that they rarely occur<\/em>. Oper\u00ada\u00adtives who are smart enough to mine the government\u2019s rich trove of infor\u00adma\u00adtion about US<\/span> cit\u00adi\u00adzens for their own pur\u00adpos\u00ades are gen\u00ader\u00adal\u00adly smart enough to evade detec\u00adtion. As with most crim\u00adi\u00adnals, the incom\u00adpe\u00adtent are most like\u00adly to get caught. Most LOVEINT<\/span> vio\u00adla\u00adtions of which the agency is aware, in fact, were self-report\u00aded<\/a>.<\/p>\n The state\u00adment marks the lat\u00adest retreat by the gov\u00adern\u00adment in its shift\u00ading defense of intel\u00adli\u00adgence prac\u00adtices. They began by telling us that no one was mon\u00adi\u00adtor\u00ading our phone records<\/a>,<\/span> a whop\u00adper for which the Direc\u00adtor of Nation\u00adal Intel\u00adli\u00adgence was forced to apol\u00ado\u00adgize<\/a> once the first of the Snow\u00adden doc\u00adu\u00adments was made pub\u00adlic. Then we were told that the con\u00adtent of our calls<\/a> was safe, which it lat\u00ader emerged was\u00adn\u2019t entire\u00adly true. Then the Pres\u00adi\u00addent pro\u00adnounced him\u00adself \u201ccom\u00adfort\u00adable<\/a>\u201d with all the snoop\u00ading and declared his inten\u00adtion to make us com\u00adfort\u00adable too.<\/p>\n We should relax, he told us, because our data is \u201cnot abused<\/a>\u201d since \u201cabus\u00ades would be against the law and would be against the orders of the FISC<\/span> (For\u00adeign Intel\u00adli\u00adgence Sur\u00adveil\u00adlance Court).\u201d That is equiv\u00ada\u00adlent to say\u00ading that no one dri\u00adves 70 miles per hour because the speed lim\u00adit is 65, and it unrav\u00adeled almost before the words were out of the President\u2019s mouth. Soon we learned that the NSA<\/span> had vio\u00adlat\u00aded FISC<\/span> rul\u00adings 3,000 times<\/a> over the course of just one year at its main facil\u00adi\u00adty alone.<\/p>\n But once again we were promised that such vio\u00adla\u00adtions were just hon\u00adest mis\u00adtakes and that no one had ever inten\u00adtion\u00adal\u00adly done any\u00adthing wrong. \u201cThere have been no find\u00adings of any inten\u00adtion\u00adal or bad faith vio\u00adla\u00adtions,\u201d Direc\u00adtor of Nation\u00adal Intel\u00adli\u00adgence James Clap\u00adper recent\u00adly wrote in a let\u00adter<\/a> to Sen\u00ada\u00adtor Ron Wyden (D\u2011OR<\/span>). Which was fol\u00adlowed by last Friday\u2019s con\u00adces\u00adsion that there have indeed been inten\u00adtion\u00adal and bad faith vio\u00adla\u00adtions, accom\u00adpa\u00adnied by the assur\u00adance that vio\u00adla\u00adtors some\u00adtimes get caught.<\/p>\n Com\u00adfort\u00adable yet?<\/p>\n At least the lovelorn bureau\u00adcrats who con\u00adfessed to wrong\u00addo\u00ading were pun\u00adished. Some were report\u00aded\u00adly fired, oth\u00aders sub\u00adject\u00aded to unspec\u00adi\u00adfied \u201cadmin\u00adis\u00adtra\u00adtive action<\/a>\u201d (rela\u00adtion\u00adship coun\u00adsel\u00ading, per\u00adhaps, or manda\u00adto\u00adry enroll\u00adment in match.com).<\/p>\n Hold\u00ading gov\u00adern\u00adment work\u00aders account\u00adable for their actions is a rare event. Last week, the gov\u00adern\u00adment exon\u00ader\u00adat\u00aded four State Depart\u00adment offi\u00adcials who had been placed on admin\u00adis\u00adtra\u00adtive leave while the agency deter\u00admined whether they bore any blame for last September\u2019s ter\u00adror\u00adist assault on a US<\/span> diplo\u00admat\u00adic facil\u00adi\u00adty in Beng\u00adhazi. The depart\u00adment con\u00adclud\u00aded that the four had failed to pro\u00advide \u201cproac\u00adtive lead\u00ader\u00adship and man\u00adage\u00adment author\u00adi\u00adty,\u201d but com\u00admit\u00adted no \u201cbreach of duty<\/a>.\u201d<\/p>\n So it is now offi\u00adcial: no gov\u00adern\u00adment employ\u00adee will be held account\u00adable for a secu\u00adri\u00adty fail\u00adure that result\u00aded in the death of a US<\/span> ambas\u00adsador and three oth\u00ader Amer\u00adi\u00adcans. The accused offi\u00adcials are back at the office \u2014 tanned, rest\u00aded and ready after what amount\u00aded to 8 months of paid vaca\u00adtion \u2014 no doubt with the exhor\u00adta\u00adtion to get out there and be \u201cproac\u00adtive.\u201d<\/p>\n And speak\u00ading of what the Pres\u00adi\u00addent likes to call \u201cpho\u00adny scan\u00addals<\/a>,<\/span>\u201d what\u00adev\u00ader became of those low-lev\u00adel employ\u00adees at the IRS<\/span>\u2019s Cincin\u00adnati office who slow-walked appli\u00adca\u00adtions from Tea Par\u00adty groups for 501(c)(4) sta\u00adtus? The Pres\u00adi\u00addent long ago declared their con\u00adduct \u201cinex\u00adcus\u00adable<\/a>,<\/span>\u201d but I\u2019ve found no indi\u00adca\u00adtion that any\u00adone from the Cincin\u00adnati office, which the Admin\u00adis\u00adtra\u00adtion insists is sole\u00adly account\u00adable for the agency\u2019s mis\u00adcon\u00adduct, is being dis\u00adci\u00adplined. Indeed, Cindy Thomas, who direct\u00aded the IRS<\/span>\u2019s Exempt Orga\u00adni\u00adza\u00adtions office in Cincin\u00adnati, is report\u00aded\u00adly receiv\u00ading a pro\u00admo\u00adtion<\/a>.<\/p>\n I\u2019ve writ\u00adten else\u00adwhere<\/a> that the pros\u00ade\u00adcu\u00adtors in the case of the late Sen\u00ada\u00adtor Ted Stevens, who were found to have engaged in \u201csys\u00adtem\u00adat\u00adic con\u00adceal\u00adment of sig\u00adnif\u00adi\u00adcant excul\u00adpa\u00adto\u00adry evi\u00addence<\/a>,<\/span>\u201d recent\u00adly won their appeal and will not face any con\u00adse\u00adquences for the botched pros\u00ade\u00adcu\u00adtion. And then there is the less dra\u00admat\u00adic but far more per\u00adva\u00adsive prac\u00adtice of gov\u00adern\u00adment waste, in which fed\u00ader\u00adal bean coun\u00adters despair of mak\u00ading accu\u00adrate guess\u00ades of just how much the gov\u00adern\u00adment frit\u00adters away each year in \u201cimprop\u00ader pay\u00adments<\/a>.\u201d<\/p>\n Gov\u00adern\u00adment is unac\u00adcount\u00adable in part because gov\u00adern\u00adment work\u00aders are unac\u00adcount\u00adable. That is by design. Pro\u00adgres\u00adsives of the late nine\u00adteenth and ear\u00adly twen\u00adti\u00adeth cen\u00adturies argued that pow\u00ader should be wield\u00aded by pub\u00adlic ser\u00advants who can\u00adnot be dis\u00adci\u00adplined or removed except in extra\u00ador\u00addi\u00adnary cir\u00adcum\u00adstances. The idea was to cre\u00adate a pow\u00ader\u00adful new caste, one shield\u00aded from the messi\u00adness of pol\u00adi\u00adtics. The civ\u00adil ser\u00advant would be impar\u00adtial and apo\u00adlit\u00adi\u00adcal, com\u00admit\u00adted to the faith\u00adful admin\u00adis\u00adtra\u00adtion of the law, pro\u00adtect\u00aded from both threats and induce\u00adments to engage in mis\u00adcon\u00adduct. Unsul\u00adlied by pol\u00adi\u00adtics and self-inter\u00adest and unac\u00adcount\u00adable to vot\u00aders, they would sin\u00adgle-mind\u00aded\u00adly pur\u00adsue the pub\u00adlic interest.<\/p>\n This the\u00ado\u00adry of the bureau\u00adcrat as Pla\u00adton\u00adic guardian was trans\u00adformed into prac\u00adtice over the ear\u00adly decades of the last cen\u00adtu\u00adry. \u201cPri\u00ador to 1900 there was much debate about civ\u00adil ser\u00advice,\u201d wrote aca\u00add\u00ade\u00admics P. S. Tol\u00adbert &<\/span> L. G. Zuck\u00ader<\/b>. \u201cBy the 1920\u2019s there was lit\u00adtle con\u00adflict, and by the 1930\u2019s it was accept\u00aded as given.\u201d<\/p>\n Prac\u00adti\u00adcal real\u00adi\u00adty does not con\u00adform to the\u00ado\u00adry. A 50-year-old gov\u00adern\u00adment work\u00ader who joined the civ\u00adil ser\u00advice after col\u00adlege has worked under 5 dif\u00adfer\u00adent Pres\u00adi\u00addents, a dozen or so Cab\u00adi\u00adnet sec\u00adre\u00adtaries, and an ever-chang\u00ading cast of polit\u00adi\u00adcal appointees. They all come and go, but she remains, her posi\u00adtion secure, her con\u00adsid\u00ader\u00adable pow\u00ader large\u00adly unaf\u00adfect\u00aded by the elec\u00adtorate\u2019s shift\u00ading alle\u00adgiances. She has mas\u00adtered the rules of the game. If she is lazy, she hasn\u2019t advanced far up the food chain, but her job and retire\u00adment are nonethe\u00adless safe. If she is ambi\u00adtious, she earns a nice income and holds enor\u00admous pow\u00ader. Per\u00adhaps she writes rules that gov\u00adern the affairs of pri\u00advate busi\u00adness\u00ades and cit\u00adi\u00adzens or deter\u00admine how gov\u00adern\u00adment benef\u00adi\u00adcences are to be dis\u00adtrib\u00aduted, or over\u00adsees a grant-writ\u00ading process that dis\u00adtrib\u00adutes pub\u00adlic mon\u00adey to pri\u00advate actors, or man\u00adages con\u00adtracts with pri\u00advate ven\u00addors. And maybe those weighty deci\u00adsions reflect her per\u00adson\u00adal pref\u00ader\u00adences. Maybe she some\u00adtimes cuts a cor\u00adner or two here or there. Who would know? And what would be the consequences?<\/p>\n Gov\u00adern\u00adment is rife with moral haz\u00adard. Its pow\u00aders are vast and dif\u00adfused among mil\u00adlions of employ\u00adees and con\u00adtrac\u00adtors. An esti\u00admat\u00aded 3.6 mil\u00adlion peo\u00adple, includ\u00ading 600,000 con\u00adtrac\u00adtors, have access to clas\u00adsi\u00adfied mate\u00adri\u00adals; 1.4 mil\u00adlion peo\u00adple, includ\u00ading 500,000 con\u00adtrac\u00adtors have top secret clear\u00adances<\/a>. With that infor\u00adma\u00adtion comes pow\u00ader, and with that pow\u00ader, temp\u00adta\u00adtion. They are humans, after all, and not angels. They suc\u00adcumb to temp\u00adta\u00adtion, more often than we might think or that agency over\u00adlords would have us believe. Abus\u00ades occur and go unde\u00adtect\u00aded. Much of what is detect\u00aded goes unpun\u00adished. Gov\u00adern\u00adment has acquired so much pow\u00ader and accu\u00admu\u00adlat\u00aded so much infor\u00adma\u00adtion and giv\u00aden so many peo\u00adple access to it as to ren\u00adder gen\u00aduine account\u00adabil\u00adi\u00adty and con\u00adtrol impossible.<\/p>\n All of which argues for hew\u00ading to con\u00adsti\u00adtu\u00adtion\u00adal stan\u00addards that lim\u00adit government\u2019s pow\u00ader, par\u00adtic\u00adu\u00adlar\u00adly its pow\u00ader to col\u00adlect infor\u00adma\u00adtion about its citizens.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" The intel\u00adli\u00adgence community\u2019s gild\u00aded rep\u00adu\u00adta\u00adtion, already tar\u00adnished by months of unau\u00adtho\u00adrized dis\u00adclo\u00adsures, was dragged into the realm of the creepy last Fri\u00adday when an NSA<\/span> offi\u00adcial told a reporter about an agency employ\u00adee who had tapped secret gov\u00adern\u00adment data to spy on his \u2026 Con\u00adtin\u00adue read\u00ading