Fiona Morgan
Does the U.S. spy too much?
In the wake of the spy plane flap with China, experts propose international rules of order that would limit excessive espionage.
When an American EP-3E spy plane was forced to land on Chinese soil in March, what should have been a routine surveillance operation turned into an international incident. After months of complaints from the Chinese about U.S. reconnaissance flights near their coast, diplomats from both sides were unable to keep the tension from boiling over.
“American planes come to the edge of our country and they don’t say ‘excuse me,’” President Jiang Zemin exclaimed, even as he expressed hope that the two sides could reach a “common understanding” about the incident that led to the death of Chinese pilot Wang Wei. “This sort of conduct is not acceptable in any country.”
In fact, American intelligence has conducted reconnaissance flights for some 50 years, and so have dozens of other countries — including China, which conducts extensive surveillance all over the Pacific. But the Chinese were miffed that the Clinton administration had ramped up these operations last year in response to mounting tensions over the potential sale of U.S. weapons to Taiwan. (President Bush approved the sale of weapons to Taiwan this week, but he excluded the most contentious weapon from that deal — an Aegis radar system that had China rattling its sabers.) Chinese officials also complained last May that the flights were coming too close to the coast; the American military responded bluntly that the flights were in international airspace and would continue.
Even in a world where spying is a common reality, it still has the potential to rile neighbors, allies and competitors alike.
As talk heats up that the Bush administration is creating a new Cold War environment in its tough talk with China, Russia and North Korea, even alienating our allies in Europe who are distressed by plans for a national missile defense, some in the field of security are floating ideas that could ease the tensions between the U.S. and the rest of the world while still maintaining our national security interests. The most idealistic of these are proposals for a pact of mutual restraint: Don’t spy on us, and we won’t spy on you.
Steven Aftergood, who runs the Federation of American Scientists’ Project on Government Secrecy recently raised the idea for such an espionage treaty. “Is it possible that espionage could be restricted by international agreement? Remarkably, the answer is yes,” Aftergood writes in a recent issue of the organization’s newsletter. Aftergood points out that the U.S. already has an agreement with Canada, Australia and the United Kingdom not to engage in espionage against one another.
“There’s no need to be utopian about this,” Aftergood says in a phone interview. “This is not the solution to all problems. And it does not mean that we can dispense altogether with espionage. But we can do more to build a civilized world and we can eliminate some of the friction that has arisen as a result of espionage, especially among our Western allies.”
Such a plan would not be realistic in dealing with sometimes hostile and often secretive countries like Iraq or China. But Aftergood proposes that an agreement could be extended to our other allies in the West — France and Israel in particular. He even sees it as a possible solution to our tensions with Russia. “It’s a particularly interesting case, because Russia has a highly accomplished espionage capability and if they could be made to restrain themselves, it might well be to the U.S. advantage,” Aftergood says. Like the arms race, he argues, the spy race can exhaust precious resources.
Even under such an arrangement, not all forms of spying would be ruled out. Satellite reconnaissance, for example, is not disruptive to other governments, and still allows us to verify arms control agreements and monitor environmental degradation — information that can be useful even to the countries we’re spying on. And most other countries are not bothered by overflight reconnaissance, which is a cheaper alternative to satellites. Britain, France, Germany and Israel all maintain top signals intelligence networks that use overflights.
And thanks to new technologies, such flights will rely less on human crews in the future. On Monday, a $20 million spy plane named Global Hawk landed in Australia after its first successful mission — an unmanned flight over the Atlantic. The U.S. plans to start using the plane for surveillance missions in 2005. (If it were to meet a hot-dogging Chinese jet in the air, it could be crashed into the ocean without the loss of human life, intelligence secrets or the threat of an international incident.)
The kinds of spying we might hold back on, then, fall more along the lines of what is called “HUMINT,” or human intelligence gathering — e.g. bugging phone conversations (which has put off the French), putting spies in the field and recruiting citizens of other countries to gather intelligence for the U.S. “That would mean that we would expect Russia to turn away the next volunteer that approaches them with classified information” — someone like former FBI counterintelligence specialist Robert Hanssen, for example, who is accused of selling secrets to the Russians for 15 years — “and we would pledge to do the same,” Aftergood says.
Some argue there’s a huge upside for the U.S. if we cut down on our espionage efforts. According to one former ambassador, the greatest boon would be the reduction of a bloated, unnecessary bureaucracy — namely the CIA. The exact amount of the CIA budget is classified, but it is estimated at about $3 billion. That agency is only part of a much larger intelligence network. The last time figures were released in 1998, the total budget for all U.S. government intelligence and intelligence-related activities totaled $26.7 billion.
“There’s too much spying going on, and there’s too much information flowing into Washington for any policymaker to sift and to absorb,” says Robert E. White, president of the Center for International Policy, and former U.S. ambassador to El Salvador under President Carter. “What you really want to do is confine your espionage to places where it’s really required,” he says.
White says that during his tenure in Latin America, he found that spies working out of U.S. embassies often outnumbered legitimate diplomats. “There are many examples in U.S. foreign policy — Iran comes to mind — where U.S. diplomats were following one policy while the CIA was following quite another.” Experience has convinced him that too much intelligence runs counter to American interests.
“The purpose of espionage is to gather information — intelligence is just a fancy word for information — which will lead to reduction of tensions. The overemphasis, in my view, on espionage by intelligence agencies in the United States is now so great that it has become an issue with allies and adversaries alike.” He disagrees with Aftergood that Russia would be a good candidate for such an agreement on spying. “In Russia, I think that the need for espionage has been reduced but not eliminated.” But he believes the U.S. could gather all the information it needs in most Latin American countries through diplomats.
White raised the idea of an espionage treaty in 1996 in a Washington Post column. He still thinks it’s a compelling idea. “I thought we should start this with democracies and with relatively open societies and Latin American would be a great place to begin. There are really very few secrets in Latin America, they are pretty open societies and diplomats can find out, in my view, all the information, all the intelligence the United States requires to make policy.” The same holds true in Western Europe as well.
Nonetheless, it’s doubtful the hawkish Bush administration would go for any kind of international espionage treaty.
“I always balk at the notion of signing any agreement that we don’t fully intend to uphold,” says Jane Wales, president and CEO of the World Affairs Council of Northern California and former senior director of the National Security Council. “You want to make sure with something like this that it is earnest, that it is something that we really believe is in our interest and we intend to abide by, that it’s not in any way a kind of public relations ploy.”
Wales is quick to point out the many ways that spying can increase world security. Besides sharing data on environmental degradation with both friends and foes, our intelligence can warn friendly governments of impending coups, acts of terrorism and other internal threats before they erupt.
Still, she and others agree that it’s a good time to at least think about road rules. “The question is, what are the rules between nations on how you gather that information and how you use it? I think what we ought to be looking at are rules of the road that conform with our own sense of decency and our own sense of right and wrong. ”
Some of those are already in place. “For example, it is against U.S. law for the CIA to attempt to assassinate a foreigner — and it wasn’t before the 1970s, as unbelievable as that currently feels,” Wales says. Any realistic international agreement, then, would codify restraints that the U.S. already for the most part imposes on itself.
“They send a signal to the world that there’s a civilized way to act and an uncivilized way to act, and we intend to abide by these rules ourselves,” she says.
Deadly mistake
Why did the Peruvian military shoot down a plane full of innocent people -- and why was the CIA involved?
The place where Colombia, Peru and Ecuador come together is the greatest cocaine-trafficking air corridor in the world. Small aircraft regularly fly coca paste across the Andes Mountains from Peru.
That’s why a CIA plane, contracted to do intelligence as part of a drug interdiction operation with the Peruvian government, suspected on Friday that a small Cessna carrying a family of Baptist missionaries was running drugs.
According to statements by a U.S. intelligence official, the three-person U.S. surveillance crew, who were civilian contract employees of the CIA, informed a Peruvian A-37 fighter jet on patrol about its suspicions, but asked it to check its identity before taking any action. The U.S. crew communicated only with the Peruvian air force liaison on board the surveillance plane. By agreement, U.S. personnel are not in the Peruvian chain of command and have no authority to control their actions. Despite the American objections, the Peruvian officer on board the CIA plane instructed the jet crew to fire on the suspicious Cessna, according to the official.
Continue Reading CloseBush’s pubic enemy No. 1
A feminist art student launches a hair-raising protest.
Jackie Sumell’s art project, she says, is less about art than about social intervention. An MFA student at the San Francisco Art Institute, Sumell has put out the call to female friends and acquaintances: Shave your pubic hair, put it in a little plastic bag and send it to her in the mail (anonymously, please). Her rallying cry? “No Bush! — It’s not yours, it’s mine.”
It may sound ridiculous, and more than a little bit gross. (Sumell warns that her project is not for the faint of heart, and says her roommates are a little bit miffed.) But she’s had a great response so far — more than 200 contributors. She plans to hang the bags of bush on a clothesline at the National Organization for Women’s April 22 march in Washington. And if all goes well, there will be 538 of them — the number of certified votes by which Bush won in Florida, plus one. Sumell is using this number to symbolize the way the election has, she says, set back women’s rights.
Continue Reading CloseBack on the stand
There are two defendants at the retrial in Peru this week: Lori Berenson and an antiquated legal system that dates back to Napoleon.
The trial of alleged terrorist Lori Berenson in Peru took a new turn this week, bringing to light once again a politically troublesome case. For the first time since she was convicted of terrorism in 1996, Berenson was allowed to publicly proclaim her innocence.
“I would like to make it clear I am innocent,” Berenson said Tuesday in fluent Spanish to a panel of judges. The first day of the trial marked what many hope will be a second chance for the 31-year-old New York native, who now faces the lesser charge of “terrorist collaboration” in a civil court. But the stakes are high for both sides. A conviction could mean up to 20 years in prison for Berenson. And as state prosecutors try to prove their case against Berenson, Peru will face another sort of trial in the court of international public opinion.
Continue Reading CloseBanning the bullies
In the wake of school shootings, state legislatures are considering laws to crack down on harassment and violence in schools. How will they tell the bullies from the victims?
As hundreds of people gathered last weekend to mourn the deaths of two students at Santana High at the hands of a fellow student, Attorney General John Ashcroft mournfully revealed to the press more surprising news about the school’s violence problems. It seems that the high school in Santee, Calif., was in the process of using a $123,000 Justice Department grant to study what Ashcroft described as an “onerous culture of bullying.”
The grant became news because classmates of Charles Andrew Williams described the 15-year-old freshman and alleged shooter as a kid who’d been bullied to the breaking point. The description is strikingly similar to those given by friends and fellow students of Columbine killers Eric Harris and Dylan Klebold. Both boys were reportedly mocked and taunted routinely and sought revenge through a deadly plan against their fellow students. News also surfaced this week that Williams had saved one bullet in the attack — reportedly for himself.
Continue Reading CloseDeadly consequences
"Zero tolerance" policies to stop youth violence may actually make schools less safe, an expert says.
When 15-year-old Charles Andrew Williams walked into court Wednesday in his oversized orange jumpsuit to be arraigned for wounding 13 people and killing two classmates at Santana High School on Monday, it was hard not to notice how young the teenage killer seemed, no matter how heinous his crime.
But whatever the investigation of Williams uncovers, one thing is already clear: The high school freshman will be tried as an adult, thanks to California’s latest crackdown on juvenile crime, Proposition 21, a ballot measure that passed last year and requires that teenagers as young as 14 who are accused of murder be tried as adults. Now Williams’ attorneys are trying to use his case to challenge Prop. 21 by arguing that its provisions, which automatically move their client’s case to adult court, are unconstitutional.
Continue Reading ClosePage 2 of 11 in Fiona Morgan