The Knock on the Door: How a Harsh Email to ICE Sparked a National Surveillance Scandal
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| David Streever an official warning notice with the laptop. |
After receiving a harsh email from ICE, a nationwide surveillance scandal broke out— The Knock on the Door.
Freedom of speech is an essential aspect of American democracy. Citizens are able to criticize their government in public. But a recent viral occurrence in upstate New York demonstrates a dark twist in federal law enforcement's tactics against online dissent. A Rochester, N.Y. resident, David Streever, has been the center of a national firestorm recently. The federal immigration authorities followed him over international lines by e-mail. The story has gone around the world in the United States as Wildfire. It raises serious issues of digital privacy, government surveillance, and the nature of First Amendment rights.
The politics got started with one political outburst. It culminated in a visit to a home, which was done secretly, and a New York City hotel room. The case has caused a lot of controversy among civil rights activists and the federal government's law enforcement.
The email was sent as a result of the outrage!
Confrontation has been going on since January. At the moment, there was a big anti-immigration enforcement demonstration in Minneapolis. Two observers of the protest, Renée Macklin Good and Alex Pretti, were fatally shot by a federal immigration officer during the protest. A video was captured of the tragedy. These videos rapidly took to social media as “viral”. David Streever watched the video on the Internet, like millions of other Americans. He was seriously outraged by this moral outrage. He believed that he was witnessing the slide of England into fascism. That was enough, Streever decided, and he had to make his dissent official.
It was my duty to write a letter to the head of ICE and express my outrage, Streever said later.
He logged on to his computer and sent an email that read “What's next? This was sent to then-acting Director Todd Lyons of U.S. Immigration and Customs Enforcement (ICE). In the message, Streever slammed the agency. He described Lyons as a 'monstrous human being. He also foretold that the head of the ICE would be remembered as a bad guy. Lyons never would experience peace, because his conscience would be his torturer, wrote Streever. If he were to eat himself up, it would be a shame to Lyons, he said.
Streever's language was of a highly abrasive nature, but not violent. The email did not include any credible threats, according to legal experts. It was a political sentiment of deep rage. The Streever hit send and went back to his life. The federal government would not respond; he didn't think that was going to happen.
Five-Month Wait
Five months went by before there was a response. Streever felt his e-mail was never read or deleted. Late in June, Streever took his family on a trip to Finland. The federal government took over in his absence.
On June 23, two federal agents wearing blue jackets went up the steps of Streever's Rochester home. They were seeking after David. Rather, they came to know his wife, the Reverend Hilary Streever. She’s an Episcopal priest. She was home with the couple's two-year-old son when she was in her clergy collar. The agents gave her notice of official warning. She was told that David's email in January was being considered as a threat to the federal government, the document said.
It wasn't just the family home that was intimidating. Streever and daughter boarded a plane several days later and flew to the USA. They safely touched down here at New York's John F. Kennedy International Airport. Streever spent an overnight stay at the airport in a hotel. A third Federal investigator spotted him in the same hotel within hours. The agent went into the lobby and attempted to goad Streever. The hotel's employees did not accept the agent, but the investigator did leave a business card at the front desk.
February: Streever emails the Director of the ICE, scathingly critical.
On June 23, federal agents officially warned Streever at his residence.
Late June: An investigator follows up with Streever at a specific hotel room in NYC.
The family was scared of the sudden rising of the level of violence. The agent was aware of his travels, and it was this that kept Streever awake at night. He can't be certain that the government was actively monitoring him.
A Piece of a Larger Trend
This isn't a one-off occurrence. The same week, another disheartening incident was playing out in New York. The Federal Agents arrived at Paigelynne Gonyea's Syracuse residence. Gonyea was a poll worker at a polling site in the New York primaries. The agents were waiting for her at the polling station, and she was met face-to-face. They were so angry at something she commented on social media.
Gonyea had been critical of the same ICE official who fired shots at protesters in Minneapolis. She took a picture of the officer and put it up on the internet in public. She violated a federal law by giving the name of a law enforcement officer, the Department of Homeland Security said. According to free speech advocates, that's what free speech is all about. These visits are regarded as part of a planned activity.
After the above incidents, Streever and Gonyea became Facebook friends. They shared their experiences of the war. They discovered that it was the same two agents who had visited both of them. This discovery indicates that the U.S. government is monitoring its own citizens. The government is tracking down critics who are against the immigration policies.
The Legal Arena: Threat or Political Speech
DHS is on the defensive. ICE representatives declined to comment on details, but issued a general statement. The agency investigates all threats to its employees it receives. They believe that they are responsible for safeguarding their leaders.
Civil liberty organizations are lashing out in a fierce manner. Adam Steinbaugh is a lawyer for the Foundation for Individual Rights in Education (FIRE). Here he's playing for Streever. This is because the email is covered by the First Amendment, Steinbaugh says.
True threat (as defined in the law): An actual threat to do violence that is not illegal.
There are absolutely no threats of violence or bodily harm in Streever's E-Mail Content.
Speaking out against politics and petitioning the government for redress (Protected Speech)
Protected Speech ( Legal ): Criticism of politics, petitioning government for grievances.
The issue: Questioning the credibility of a public servant and his/her platform.
A true threat is a threat to inflict violence, Steinbaugh said, "a serious threat of intent of violence.A true threat is a serious threat of violence, Steinbaugh said. "This e-mail doesn't even come close. It is political speech, it's a petition to your government.”
Nathan Freed Wessler is a deputy director of the ACLU's Speech, Privacy and Technology Project. He also condemned the attitude of the government. He accused the moves of being a misuse of authority. Federal agents shouldn't go after anyone in a hotel room for expressions of frustration, Wessler said. He thinks the government is attempting to put down free speech in America.
Why do some stories go viral?
The story has gone viral on social media in America. It indicates a common fear in many ordinary citizens. People are afraid of the increasing force of the surveillance state. This case illustrates that an angry email can net you some targets.
The story is being passed along by citizens because it's so personal. It happens to all of us at some point in our lives that we have the resorted to posting a rage-filled message or comment on the internet. Who knows what's in the federal agents' minds when they are monitoring your passport and walking into your hotel room? The reaction to the viral is a symptom of an underlying sense of threat to privacy in today's digital world.
Adding to the drama is the fact that a local reporter and an Episcopal priest are present. Many have been appalled at the sight of federal agents approaching a priest with a young child in his arms. “It's a very clear picture of overreach by government.” The image has raised a lot of anger on both sides of the political aisle. This federal spending of money is a red flag for both liberals and conservatives.
The Future of Freedom of Speech
Streever said he doesn't plan to reach out to the Department of Homeland Security. He is in close contact with free speech attorneys and members of Congress. They're planning to launch a formal investigation into how federal agents followed his route. They would like to know who allowed this action to occur.
The case is likely to have a lasting impact on digital privacy laws. It may make the courts re-evaluate their approach to online communication of American citizens. There can be no free speech when the government can scare away its critics with impunity.
The American people are closely following this case. Whether voters can hold their leaders responsible without fear of repercussion will depend on the outcome. David Streever's message on ice comes as a chilling reminder at this time of the precariousness of modern liberty.
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