In 1975, the
Church Committee, a
United States Senate select committee chaired by
Frank Church of
Idaho, a
Democrat, investigated
Cold War intelligence-gathering by the
federal government, including warrantless surveillance.
[2] The committee report found the "Americans who violated no criminal law and represented no genuine threat to the '
national security' have been targeted, regardless of the stated predicate. In many cases, the implementation of
wiretaps and
bugs has also been fraught with procedural violations, even when the required procedures were meager, thus compounding the abuse. The inherently intrusive nature of electronic surveillance, moreover, has enabled the Government to generate vast amounts of information - unrelated to any legitimate governmental interest - about the personal and political lives of American citizens."
[3]
The "potential criminal liability of the
National Security Agency and the
Central Intelligence Agency for operations such as
SHAMROCK (interception of all international cable traffic from 1945 to 1975) and
MINARET (use of watchlists of U.S. dissidents and potential civil disturbers to provide intercept information to law enforcement agencies from 1969 to 1973)" helped persuade president
Gerald Ford in 1976 to seek surveillance legislation, which was ultimately enacted as
Foreign Intelligence Surveillance Act in 1978.
[4]
Abuses of power by the federal government led to reform legislation in the 1970s.
[4] Advancing technology began to present questions not directly addressed by the legislation as early as 1985.
[5]
In its 1985 report "Electronic Surveillance and Civil Liberties," the nonpartisan Congressional
Office of Technology Assessment suggested legislation be considered for a surveillance oversight board.
[6] Congress disbanded this agency in 1995.
[5]