DelBene, 15 House Members Call FBI Surveillance Operations ‘Disturbing,' Demand Answers

Rep. Suzan DelBene, D-Wash., wrote a letter to FBI Director James Comey Thursday “demanding explanations to recent [news] reports that the agency used aircraft for secret surveillance missions over several U.S. cities,” including Baltimore, Boston, Chicago, Dallas, Houston, Minneapolis, Phoenix, Seattle and in southern California, a news release said. “Some of these aircraft were reported to be equipped with advanced surveillance devices that can pick up data from thousands of cell phones and capture high-definition images,” the letter said. “The possibility that that these surveillance activities are being approved without clear guidelines or judicial oversight to protect Americans from warrantless intrusions of their privacy is highly concerning,” the letter said. Reps. Ted Deutch, D-Fla.; Zoe Lofgren, D-Calif.; David Cicilline, D-R.I.; Hakeem Jeffries, D-N.Y.; John Conyers, D-Mich.; Cedric Richmond, D-La.; Judy Chu, D-Calif.; Scott Peters, D-Calif.; Karen Bass, D-Calif.; Chris Van Hollen, D-Md.; Steve Cohen, D-Tenn.; Jerrold Nadler, D-N.Y.; Hank Johnson, D-Ga.; John Yarmuth, D-Ky.; and Sheila Jackson Lee, D-Texas, joined DelBene in signing the letter to Comey. The lawmakers asked Comey for a briefing on the program and for answers to questions to be answered before June 26. Questions include: Under what legal theory did Justice Department lawyers approve the creation and use of fake companies to hide the government’s link to these aircrafts? Under what circumstances are warrants sought for these surveillance operations? How many warrants have been sought and how many were obtained in the past year for use of cell-cite stimulators or comparable devices? What is the agency’s privacy policy for surveillance by piloted aircraft equipped with high-tech cameras and cellphone tracking devices? What surveillance technologies or devices are the aircraft equipped with? What safeguards are in place to protect the civil liberties of those who aren't subjects of an investigation? What's done with extraneous data captured by these surveillance activities? And, are there limits on the duration of surveillance activities? A spokesman for the FBI was unable to confirm receipt of the letter, but an FBI news release Thursday addressed the issue, saying the FBI “routinely uses aviation assets in support of predicated investigations targeting specific individuals and, when requested and appropriate, in support of state and local law enforcement.” The release said contrary to media reports, the “FBI’s aviation program is not classified,” and some of the FBI’s aircraft are registered covertly because “overt registration would put our aircraft and operations at risk of compromise.” The Department of Justice oversees covert registration, which is done in full compliance with the Attorney General Guidelines and the FBI’s domestic Investigations and Operations Guide for undercover operations, the release said. “The FAA is fully aware and supportive of this practice,” the release said. The aircraft are not equipped, designed or used for bulk collection activities or mass surveillance, and “are not routinely equipped with cell site simulators,” the release said. Lawfully protected First Amendment activity is not monitored, it said. FBI Deputy Director Mark Giuliano said the planes are used to follow terrorists, spies and serious criminals. “We have an obligation to follow those people who want to hurt our country and its citizens, and we will continue to do so.”