Government

‘Just Outrageous’: Extent of FDA Spying on Employees, Congress Members Revealed

In January, the Washington Post revealed that the U.S. Food and Drug Administration had been spying on some of its employees‘ communications after a disagreement about the agency’s approval of medical devices that could expose patients to unsafe levels of radiation. Now, over the weekend, the New York Times has reported in even more detail the level of surveillance that was conducted, which has many up in arms.

(Related: FDA Accused of Spying on Its Employees, Using Info to ‘Dismiss’ Them)

The Times reports that the scientists’ concern over the devices was well-placed, given that a confidential government review a couple months ago called it “a substantial and specific danger to public safety.”

The agency began monitoring some employees’ communications in the first place to ensure information was not being improperly shared with outside sources. The Times is calling this monitoring an “enemies list of sorts” that included communications to Congress, journalists and even the president. With the extent of the surveillance coming to light, the agency is criticized for the steps they took to track communications, but it stands by its actions saying the information was “collected without regard to the identity of the individuals with whom the user may have been corresponding.”

More Information Comes to Light on the Food and Drug Administration Spying on Scientists

List of those involved in the FDA's investigation. (Image: New York Times)

Here’s more from the Times on the situation:

What began as a narrow investigation into the possible leaking of confidential agency information by five scientists quickly grew in mid-2010 into a much broader campaign to counter outside critics of the agency’s medical review process, according to the cache of more than 80,000 pages of computer documents generated by the surveillance effort.

Moving to quell what one memorandum called the “collaboration” of the F.D.A.’s opponents, the surveillance operation identified 21 agency employees, Congressional officials, outside medical researchers and journalists thought to be working together to put out negative and “defamatory” information about the agency.

[...]

While [the FDA] acknowledged that the surveillance tracked the communications that the scientists had with Congressional officials, journalists and others, they said it was never intended to impede those communications, but only to determine whether information was being improperly shared.

The agency, using so-called spy software designed to help employers monitor workers, captured screen images from the government laptops of the five scientists as they were being used at work or at home. The software tracked their keystrokes, intercepted their personal e-mails, copied the documents on their personal thumb drives and even followed their messages line by line as they were being drafted, the documents show.

The Times goes on to report members of Congress — both Republican and Democrat — as being “irate” over some of their communications with the scientists being involved in the tracking. Rep. Chris Van Hollen (D-Maryland), who is referred to as an “ancillary actor” in the situation on the FDA’s list, said the agency has “absolutely no business reading the private e-mails of their employees.”

“The extent to which the FDA spied on employees’ personal email is shocking. The more we learn, the more disturbing it is,” Senator Charles Grassley, R-Iowa, said according to CBS News. “The FDA’s actions raise serious implications for the right of any agency employee to make protected disclosures about waste, fraud, abuse, mismanagement, or public safety to Congress or anyone else.”

Listen to NPR’s report with an interview from the New York Times reporter covering the story:

The Times reports the software used by the FDA — SpectorSoft — costs about $99.95 for an individual and less than $3,000 for up to 25 computers. It is marketed by the company’s website as being able to “Catch them red-handed by receiving instant alerts when keywords or phrases are typed or are contained in an e-mail, chat, instant message or Web site.”

What’s more, the Times makes note of the interesting way the extent of the surveillance conducted came to light. The Times states that one of the scientists involved in the investigation stumbled upon the data during a simple Web search:

The posting of the documents was discovered inadvertently by one of the researchers whose e-mails were monitored. The researcher did Google searches for scientists involved in the case to check for negative publicity that might hinder chances of finding work. Within a few minutes, the researcher stumbled upon the database.

“I couldn’t believe what I was seeing,” said the researcher, who did not want to be identified because of pending job applications. “I thought: ‘Oh my God, everything is out there. It’s all about us.’ It was just outrageous.”

This database has since been removed.

Currently, six scientists — four of whom were let go and believe they were fired as a result of these communications — are in a lawsuit with the agency.

Still, Chris Matyszczyk, an adviser for corporations on content creation and marketing, in a post for CNET brings up what many may be thinking at this point: “Should any employee or servant of any organization truly be stunned if their own e-mail is being eyed by those who might not even be entirely mean-spirited, but merely sweetly paranoid?” Matyszczyk acknowledges the “touch of illegality about spying“ but ultimately ”stuff happens. You just have to anticipate as much stuff as you can.”

Read more details about the surveillance in the Times article here.

Comments (20)

  • rade9701
    Posted on July 17, 2012 at 10:59am

    Good article. Democracy Now! had an excellent interview today with the attorney for the FDA Whistleblowers, Stephen Kohn. I’d highly recommend it. Check it out here: http://www.democracynow.org/2012/7/17/spying_on_scientists_how_the_fda

    Report Post »  
  • semihardrock
    Posted on July 17, 2012 at 12:08am

    Through Homeland Security…….EVERY email on the planet can be read by Government as directed by US LAW!

    Report Post » semihardrock  
    • battles
      Posted on July 17, 2012 at 7:51am

      The NSA is supposed to be recording everything that is going over the web. But PGP and GPG encryption has not been broken yet and the U.S government does not have the authority to force you to reveal it.

      Report Post » battles  
  • battles
    Posted on July 16, 2012 at 7:55pm

    What is wrong with people? Secure encryption has been around for years. USE IT in every email. I do. Firefox Thunderbird has it built in. There are many other programs that easily encrypt data. It is absolutely foolish to open your communications to the world. I refused to do business with a company recently that didn’t have a private PGP key to give me to secure our communications.

    Report Post » battles  
  • HorseCrazy
    Posted on July 16, 2012 at 4:00pm

    creepy just more over reach time to get rid of the fda, someone tell me the last time they approved a drug that didn’t end with huge lawsuits for birth defects, sudden death etc…the point of the organization has been lost and the corruption continues

    Report Post »  
  • spirited
    Posted on July 16, 2012 at 1:43pm

    FDA: Food & Drug Arsenal

    Check into Monsanto: bio-engineered food (seeds), Round Up (weed killer) & Atomic Bomb.
    –Many scientists and others –suddenly lose jobs ….and have & are black-balled.

    Agenda 21: Control Food & Control Land ~~~> Control Popuation.
    Control Food & Drugs & Land & Money & Population Control The World

    Yes WE Can!

    Report Post » spirited  
    • oinia
      Posted on July 16, 2012 at 4:13pm

      You left out the Fed – a private company controls the money supply and currency value in the United States.

      “He who controls the money supply of a nation controls the nation.” – President James Garfield

      Report Post » oinia  
    • 762x51
      Posted on July 16, 2012 at 5:14pm

      No they can’t.

      Civil War starts on July 27th when the criminal Hillary Clinton signs the UN Small Arms Treaty subjecting every American to a UN rule being led by IRAN. In other words the Obama administration is turning us over to our worst enemy who has publicly vowed to destroy us. Giving aid and comfort to the enemy is an act of war against the American people.

      They declare war against me, I accept. At that point, this rogue government becomes a legitimate military target.

      Report Post »  
  • JUSTANOTHEROPINION
    Posted on July 16, 2012 at 1:35pm

    This is hop and change people, Communism at it’s finest. Ain’t it GREAT!!!! As John Roberts aluded to, WE VOTED FOR IT, Obama 2008!!!! Now a possible 4 more years (Comrads).

    Report Post »  
    • Midwest Blonde
      Posted on July 16, 2012 at 3:33pm

      Gee – I thought it was HOPE and change. But hop?? I know – typo – don’t you proof-read your posts?

      Report Post » Midwest Blonde  
  • jcldwl
    Posted on July 16, 2012 at 1:18pm

    Not surprised a bit. This is one of the agencies that needs to be eliminated. I hate that I can no longer trust my own government.

    Report Post » jcldwl  
  • rpp
    Posted on July 16, 2012 at 1:05pm

    It has been long established that email using an employer’s email system are not confidential, in that the employer can look at them for any, even no, reason. The same is true with internet browsing when done using an employer’s network. However, this went after PERSONAL emails, which should be off limits. While there is plenty of law and case law to support the confidentiality of personal email, the ease with which it can be hacked, and the permanence of copies on all intermediate routes for the email, should also be well known.

    With all that said, is it really surprising that one of the most powerful federal bureaucracies would engage in domestic spying?

    While this should generate tremendous press and well-deserved loud, vocal and long lasting outrage, I suspect it will disappear from the news by tomorrow, and forgotten by Wednesday.

    Report Post » rpp  
    • SquidVetOhio
      Posted on July 16, 2012 at 1:24pm

      The government however, have specific rules outlining when and why they can do this. They can’t just do it for any reason they want. Most of the time, you need warrants or approval from congress.

      Report Post » SquidVetOhio  
  • SquidVetOhio
    Posted on July 16, 2012 at 1:02pm

    I worked in Defense Intel community for 10 years. There are Intel Oversight laws that we were briefed on annually specifically stating that you can NOT gather intelligence on an American citizen unless you expect them of espionage or felonies. And then, you had to get warrants to do so. How is the FDA not getting charged with this?

    Report Post » SquidVetOhio  
    • spirited
      Posted on July 16, 2012 at 1:45pm

      DOJ is worried about “voter supression” -lol while crying

      Report Post » spirited  
    • HorseCrazy
      Posted on July 16, 2012 at 2:38pm

      there is no rule of law any more, atleast no one honest enough to enforce it

      Report Post »  
  • Constructionist
    Posted on July 16, 2012 at 1:01pm

    The progressive noose of big government tightens a little more around the neck of personal liberty. No time to deal with radicalized would-be shooters at Fort Hood before people died, but science nerds critical of official policy? THAT will not be tolerated.

    Report Post » Constructionist  
  • progressiveslayer
    Posted on July 16, 2012 at 12:58pm

    No **** the government is spying on everyone,no revelation there and the FDA and many other unconstitutional departments need to go away asap.They’re just like every other government department interested in getting more money,power and control over us end all of em.

    Report Post » progressiveslayer  
  • soybomb315
    Posted on July 16, 2012 at 12:46pm

    This agency is SUPPOSED to be protecting us from unsafe food and drugs….But they deliberately withhold critical information from the people and withhold vital drugs from the marketplace. To make it worse, they are cronies up with the big agriculture and drug companies.

    SHUT IT DOWN

    Report Post » soybomb315  

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