Monday, July 16, 2012


FDA Spied on Its Own Scientists as Part of a Massive Witch Hunt—Action Alert!

July 16, 2012

This rogue agency secretly captured thousands of emails that its disgruntled scientists sent to Congress, labor officials, journalists and even the president.
surveillance camerasThe New York Times is reporting that the US Food and Drug Administration conducted a wide-ranging surveillance operation against a group of its own scientists in an attempt to halt criticism of its medical review process. The agency also had an “enemies list” of sorts that included agency employees, congressional officials, outside medical researchers, and journalists thought to be working together to disseminate negative and “defamatory” information about the FDA.
The FDA used spy software that was installed on the workers’ laptops that took screen captures, tracked keystrokes, intercepted personal emails, and even copied documents that were on their personal flash drives. The surveillance, according to the Times, sprang out of a bitter dispute between the scientists and their FDA supervisors over the scientists’ claims that faulty review procedures at the agency led to the approval of some medical devices that had exposed patients to dangerous levels of radiation.
FDA’s actions almost certainly violated the law by seizing information that is specifically protected under the law. Attorney-client communications, whistle-blower complaints to Congress, and workplace grievances filed with the government are all protected information. Six scientists are suing the agency over the incident.
Some members of Congress were not pleased by the revelations, particularly since scientists’ private correspondence with Senate and House staff members was similarly intercepted.
Congressional review of the FDA is scant, and most representatives and senators really don’t know how out-of-control this agency is, or how it acts as executive agency, legislator, and judge, often running roughshod over the human rights we take for granted in the US.
In May, Sen. Rand Paul introduced an amendment to control the FDA’s police powers. You may recall last year’s raid of a food co-op by the FDA, in which armed teams were deployed with guns drawn, and law enforcement ordered all co-op members out of the store, seizing all the cash in the register, then handcuffing the co-op’s founder and placing him in an unmarked car without reading him his rights. Sen. Paul’s amendment would have prohibited FDA employees (as well as all other Health and Human Services employees) from carrying weapons and making arrests without warrants.
“I don’t think it’s a good idea to be arming bureaucrats to go on the farm, with arms, to stop people from selling milk from a cow. I think we have too many armed federal agencies, and that we need to put an end to this,” said Paul. “Criminal law increasingly seems to be used as a tool of our government bureaucracy to punish and control honest businessmen for simply attempting to make a living.” Unfortunately, the amendment failed by a vote of 78 to 15. We clearly have a lot of work to do to educate Congress about what the FDA is doing.
The idea of a government spying on its own people—on its own employees in order to silence them and end dissent—is a profoundly scary one. The FDA’s budget is about $2.5 billion, though when user fees are added, that increases to $4.5 billion. A quasi-totalitarian agency that large, and one that is controlling so much of our economy, cannot be allowed to act in blatant disregard of the rights of its employees or the laws of the country.
Action Alert! Help us reform the FDA! Go to and sign our petition. Make your voice heard in Congress!

NYT: FDA Engaged in Widespread Spying on Whistleblowers

- Common Dreams staff
The Food and Drug Administration (FDA) engaged in widespread spying on its own scientists, a New York Times story exposes.
The surveillance began over a group of scientists "claims that faulty review procedures at the agency had led to the approval of medical imaging devices for mammograms and colonoscopies that exposed patients to dangerous levels of radiation," the Times reports.
The Times explains that the FDA used "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."
Stephen M. Kohn, the Executive Director of the National Whistleblower Center and the lead attorney for the FDA whistleblowers, says that the surveillance program described in the Times "was illegal. The story demonstrated how government mangers used a covert spying program to interfere with the ability of federal employees to lawfully report significant threats to the public safety to Congress, law enforcement officials and the American people. We hope that these public disclosures will mark the beginning of the end of government spying on employees who report misconduct to the appropriate authorities."
"It is well established that American citizens do not forgo their First or Fourth Amendment Constitutional rights when they work for the government. The opposite is true. The U.S. Supreme Court and numerous lower courts have recognized the importance of protecting government workers who expose wrongdoing. These protections are vital to a democratic society. Government whistleblowers are often the most important source of information exposing government misconduct, corruption and the waste of taxpayer money."
"The conduct by FDA managers, designed to undermine a group of doctors and scientists who reported significant health and safety violations, is deplorable. Those involved must be held accountable," stated Kohn.

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