President Trump’s highly politicized appointment of an entirely unqualified acting Director of National Intelligence (DNI) underscores why the government’s warrantless mass spying power must be reformed. 

Congress now faces a deadline of Friday, June 12 to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, an unconstitutional program rife with problems, loopholes, and compliance issues. Section 702 allows the National Security Agency to collect communications from targets overseas – including communications with Americans in the U.S. – and stores them in massive databases. The NSA then allows other agencies, including the Federal Bureau of Investigation, to access untold amounts of that information.  

Under current practice, the FBI can query and even read the U.S. side of that communication without a warrant. What’s more, victims won’t even know and have very few ways of finding out that their communications have been surveilled. EFF and other civil liberties advocates have been trying for years to know how data collected through Section 702 is used in domestic investigations and prosecutions.  

Our advocacy to reform Section 702 has been consistent across administrations, including when the federal Intelligence Community was run by people with experience in the relevant agencies. In fact, the 2004 law creating the position of DNI – which coordinates America’s 18 spy agencies – requires those who hold it to have “extensive national security expertise.” 

Enter Bill Pulte. 

Trump on Tuesday named Pulte – currently director of the Federal Housing Finance Agency (FHFA) and chairman of Fannie Mae and Freddie Mac – to replace current DNI Tulsi Gabbard, who announced her resignation last month. Pulte lacks any intelligence, military, or congressional experience.  

“William has deep experience managing the most sensitive matters in America, the safety and soundness of the Markets, and over 10 Trillion Dollars at Fannie Mae/Freddie Mac, a substantial increase from where it was just 12 months ago,” Trump wrote on his Truth Social platform.

Because Trump named him acting DNI, Pulte isn’t subject to Senate confirmation. And under the Vacancies Act, Pulte could remain in the role for about seven months. 

This is particularly concerning because of Pulte’s history of using private information held by the government as a political weapon. In his FHFA role, he has accused several of the President’s political foes and targets – including New York State Attorney General Letitia James, U.S. Sen. Adam Schiff, D-Calif., and Federal Reserve governor Lisa Cook – of mortgage fraud based on private data held by his agency.  

All these targets and others have denied wrongdoing. A federal criminal complaint filed against James in Virginia imploded after a judge found prosecutor Lindsey Halligan had been unlawfully appointed, and prosecutors twice failed to convince a grand jury to indict James. Pulte’s accusations against Schiff, Cook, and others have not led to criminal charges. 

Pulte also used his FHFA pulpit to attack then-Federal Reserve Chair Jerome Powell and dismantle internal oversight. 

Pulte isn’t a qualified intelligence administrator. He does, however, seem to be unquestioningly loyal to President Trump and willing to use his position to attack and smear the President’s political foes. As acting DNI, Pulte would have access to every scrap of classified information the Intelligence Community holds, and under Section 702, that includes massive amounts of information about Americans. 

Even lawmakers who are typically friendly to the intelligence community acknowledge that this is a disaster in the making. U.S. Sen. Mark Warner, D-Va., who is the Senate Intelligence Committee’s ranking Democrat, told NPR that Pulte has “no experience in the military, no experience in Congress, no experience in the intel community or law enforcement” and was chosen because he is “100% loyal to doing anything and everything President Trump demands.” 

And Senate Majority Leader John Thune, R-S.D., told reporters “we don’t need a weaponized” national intelligence director. Asked about fears that Pulte might pursue Trump’s political opponents, Thune said: “We need professionals there.” 

Congress already has had trouble reauthorizing Section 702 as Freedom Caucus Republicans and many Democrats joined forces to demand reforms including the common-sense requirement that federal agencies get a probable cause warrant from a judge before searching any data involving Americans. Pulte’s appointment exemplifies why no administration should have the power granted by Section 702 without the independent judicial review required in seeking a warrant. 

Republished from EFF’s Deeplinks blog.

U.S. Homeland Security Secretary Kristi Noem last week posted a photo of the arrest of Nekima Levy Armstrong, one of three activists who had entered a St. Paul, Minn. church to confront a pastor who also serves as acting field director of the St. Paul Immigration and Customs Enforcement (ICE) office. 

A short while later, the White House posted the same photo – except that version had been digitally altered to darken Armstrong’s skin and rearrange her facial features to make it appear she was sobbing or distraught. The Guardian one of many media outlets to report on this image manipulation, created a handy slider graphic to help viewers see clearly how the photo had been changed.  

This isn’t about “owning the libs” — this is the highest office in the nation using technology to lie to the entire world. 

The New York Times reported it had run the two images through Resemble.AI, an A.I. detection system, which concluded Noem’s image was real but the White House’s version showed signs of manipulation. “The Times was able to create images nearly identical to the White House’s version by asking Gemini and Grok — generative A.I. tools from Google and Elon Musk’s xAI start-up — to alter Ms. Noem’s original image.” 

Most of us can agree that the government shouldn’t lie to its constituents. We can also agree that good government does not involve emphasizing cruelty or furthering racial biases. But this abuse of technology violates both those norms. 

“Accuracy and truthfulness are core to the credibility of visual reporting,” the National Press Photographers Association said in a statement issued about this incident. “The integrity of photographic images is essential to public trust and to the historical record. Altering editorial content for any purpose that misrepresents subjects or events undermines that trust and is incompatible with professional practice.” 

Reworking an arrest photo to make the arrestee look more distraught not only is a lie, but it’s also a doubling-down on a “the cruelty is the point” manifesto. Using a manipulated image further humiliates the individual and perpetuate harmful biases, and the only reason to darken an arrestee’s skin would be to reinforce colorist stereotypes and stoke the flames of racial prejudice, particularly against dark-skinned people.  

History is replete with cruel and racist images as propaganda: Think of Nazi Germany’s cartoons depicting Jewish people, or contemporaneously, U.S. cartoons depicting Japanese people as we placed Japanese-Americans in internment camps. Time magazine caught hell in 1994 for using an artificially darkened photo of O.J. Simpson on its cover, and several Republican political campaigns in recent years have been called out for similar manipulation in recent years. 

But in an age when we can create or alter a photo with a few keyboard strokes, when we can alter what viewers think is reality so easily and convincingly, the danger of abuse by government is greater.   

Had the Trump administration not ham-handedly released the retouched perp-walk photo after Noem had released the original, we might not have known the reality of that arrest at all. This dishonesty is all the more reason why Americans’ right to record law enforcement activities must be protected. Without independent records and documentation of what’s happening, there’s no way to contradict the government’s lies. 

This incident raises the question of whether the Trump Administration feels emboldened to manipulate other photos for other propaganda purposes. Does it rework photos of the President to make him appear healthier, or more awake? Does it rework military or intelligence images to create pretexts for war? Does it rework photos of American citizens protesting or safeguarding their neighbors to justify a military deployment? 

In this instance, like so much of today’s political trolling, there’s a good chance it’ll be counterproductive for the trolls: The New York Times correctly noted that the doctored photograph could hinder the Armstrong’s right to a fair trial. “As the case proceeds, her lawyers could use it to accuse the Trump administration of making what are known as improper extrajudicial statements. Most federal courts bar prosecutors from making any remarks about court filings or a legal proceeding outside of court in a way that could prejudice the pool of jurors who might ultimately hear the case.” They also could claim the doctored photo proves the Justice Department bore some sort of animus against Armstrong and charged her vindictively. 

In the past, we’ve urged caution when analyzing proposals to regulate technologies that could be used to create false images. In those cases, we argued that any new regulation should rely on the established framework for addressing harms caused by other forms of harmful false information. But in this situation, it is the government itself that is misusing technology and propagating harmful falsehoods. This doesn’t require new laws; the government can and should put an end to this practice on its own. 

Any reputable journalism organization would fire an employee for manipulating a photo this way; many have done exactly that. It’s a shame our government can’t adhere to such a basic ethical and moral code too. 

Republished from the EFF’s Deeplinks blog.