Is the FBI Spying on Your Neighborhood?
The FBI is operating a small air force with scores of low-flying planes across the US carrying video and, at times, cellphone surveillance technology – all hidden behind fictitious companies that are fronts for the government, the Associated Press has learned.
The planes’ surveillance equipment is generally used without a judge’s approval, and the FBI said the flights are used for specific, ongoing investigations. In a recent 30-day period, the agency flew above more than 30 cities in 11 states across the country, an AP review found.
Aerial surveillance represents a changing frontier for law enforcement, providing what the government maintains is an important tool in criminal, terrorism or intelligence investigations. But the program raises questions about whether there should be updated policies protecting civil liberties as new technologies pose intrusive opportunities for government spying.
The FBI confirmed for the first time the wide-scale use of the aircraft, which the AP traced to at least 13 fake companies, such as FVX Research, KQM Aviation, NBR Aviation and PXW Services. Even basic aspects of the program are withheld from the public in censored versions of official reports from the Justice Department’s inspector general.
“The FBI’s aviation program is not secret,” spokesman Christopher Allen said in a statement. “Specific aircraft and their capabilities are protected for operational security purposes.” Allen added that the FBI’s planes “are not equipped, designed or used for bulk collection activities or mass surveillance”.
But the planes can capture video of unrelated criminal activity on the ground that could be handed over for prosecutions.
Some of the aircraft can also be equipped with technology that can identify thousands of people below through the cellphones they carry, even if they are not making a call or in public. Officials said that practice, which mimics cell towers into coughing up basic subscriber information, is rare.
Details confirmed by the FBI track closely with published reports since at least 2003 that a government surveillance program might be behind suspicious-looking planes slowly circling neighborhoods. The AP traced at least 50 aircraft back to the FBI, and identified more than 100 flights since late April overflying both major cities and rural areas.
One of the planes, photographed in flight last week by the AP in northern Virginia, bristled with unusual antennas under its fuselage and a camera on its left side. A federal budget document from 2010 mentioned at least 115 planes, including 90 Cessna aircraft, in the FBI’s surveillance fleet.
The FBI said it also occasionally helps local police with aerial support, such as during the recent disturbance in Baltimore that followed the death of 25-year-old Freddie Gray, who sustained grievous injuries while in police custody. Those types of requests are reviewed by senior FBI officials.
The surveillance flights comply with agency rules, an FBI spokesman said. Those rules, which are heavily redacted in publicly available documents, limit the types of equipment the agency can use, as well as the justifications and duration of the surveillance.
Details about the flights come as the Justice Department seeks to navigate privacy concerns arising from aerial surveillance by unmanned aircrafts, or drones. Barack Obama has said he welcomes a debate on government surveillance, and has called for more transparency about spying in the wake of disclosures about classified programs.
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