An Open Letter to FBI Director James Comey

Director Comey,

In light of recent events, you have displayed the innate ability to lie and engage in deceptive practices in the interest of allowing Federal Bureau of Investigation to openly disregard the rights of the American Citizen to their Fourth Amendment Right To Privacy.

Beginning with your Oath of Office, which you seem to have forgotten, I will give you a refresher here as a direct quote:

I [name] do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

Does this statement look at all familiar, Director Comey? It should. The support and defense of the Constitution of the United States includes the Fourth Amendment. Again, allow me to directly quote:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

We are aware and we do concede that you do have probable cause to search without a warrant as long as the contraband material is within plain view but past that you must have consent or a warrant and, Mr. Comey, you did not then, do not now, nor will you ever have my consent. Get a warrant, do your job and quit asking for mandates to make all of us operate in plain view of you.

Whether you like it or not, Mr. Comey, we have a right to privacy. It’s not a privilege, it’s a right and that means we will exercise it whether you like it or not. Some of us, like myself, call Edward Snowden what he is, a national hero because, and here’s where I clear things up for you, the issue wasn’t whether or not he liked the country or the way it was set up, the issue was whether or not he was going to stand by and let you and your ilk destroy our country and the way it was set up.

Allow me to further clarify things. Our country was set up as a Constitutional Republic that put power directly into our hands and allowed us to run by an avatar-like group of elected representatives. It’s not a position of wealth and privilege in which the upper echelons get to decide what it is we will and will not do. We have rights and concede that those rights come with responsibilities, however, that does not give you the claim to those rights to call them privileges. Snowden saw that. He saw that you and the NSA were in direct violation of the citizen’s right to privacy and he had no one to whom to turn. He had no chain of command. He worked with what he had. Mr. Comey, you and the NSA ended up with egg on your face because he exposed activities that were illegal in the eyes of the law. If you’re any more confused about why we call him a hero, I hope that clarifies it. If it doesn’t then I hope you are prepared to face charges as well as a dismissal from office when the tables turn because, mark my words and heed them well, the tables are turning and not in your favor.

Moving on, your begging for front door access to encryption is laughable at best and illegal at worst. I’ll quote you directly this time to show you how wrong you truly are:

Technology has forever changed the world we live in. We’re online, in one way or another, all day long. Our phones and computers have become reflections of our personalities, our interests, and our identities. They hold much that is important to us.

And with that comes a desire to protect our privacy and our data—you want to share your lives with the people you choose. I sure do. But the FBI has a sworn duty to keep every American safe from crime and terrorism, and technology has become the tool of choice for some very dangerous people.

No, Mr. Comey, again, you’re wrong. The FBI is considered a Law Enforcement Agency and, as such, operates both within the confines of the law and as an agency to enforce those laws. Allow me to illustrate. Warren v. District of Columbia, Castle Rock v. Gonzales, Balistreri v. Pacifica Police Department and DeShaney v. Winnebago County have all held these rulings and the Supreme Court has upheld these rulings. No, Mr. Comey, you do not have a sworn right to protect the people. Hit that refresher, again because you obviously need it, you have a sworn duty to protect The Constitution and it doesn’t say anything at all about people, buildings, land or any other entity.

Let me go on to point out that you’re right about one thing though, privacy is very useful to the criminal. Yes, I’ll give you that but what I won’t give you is my privacy because, as I was clearly able to illustrate, you have no obligation nor duty to protect me so why would I keep giving up even more of my rights on the word of you alone? Mr. Comey…I wouldn’t give them up by mandate. I don’t care if the law said I had to remove window coverings I’d have the windows removed and the window holes filled in. I haven’t done anything wrong, nor have many others here in the United States who conduct themselves lawfully each day. The only real confusion is why you feel like privacy isn’t a right when it’s clearly protected by our Constitution. Remember that thing you swore to protect? If it feels like I’m shoving it in your face it’s because I am and will keep doing so until you get it.

Mr. Comey, you have actually gone as far as to say that the FBI foiled “Islamic State Inspired Terror Plots” this past July 4th and cited this as the reason that companies should remove encryption from their services? Let’s go with just how complete your ineptitude is when it comes to technology when you stated that it wasn’t just a technical issue, it was a marketing pitch but you have admitted that you have no technical knowledge and then claimed that technologists were wrong in their assessment of how encryption with a government backdoor actually works?

Let me tell you about what we know, Mr. Comey, because you and yours were just inept enough to let us have it when we asked. We know about your organization creating domestic terrorists. Do you like apples, Mr. Comey? How about those apples?

Mr. Comey, your technical ineptitude and wishful thinking aside, I will say that it is my opinion that you are unfit for your job and are not up to muster on the duty upon which you have solemnly sworn. I am personally calling for your dismissal from your post though I will accept resignation as well.

As for the rest of us, we all realize that freedom comes with risk and we accept that risk in it’s totality. We require you to step aside and do your job. What we do not require is your permission.

As for why some of us are encrypting our devices and communications, the answer to that is a simple one. It’s None of Your Damned Business.



This post originally appeared on NetizenXero’s blog and was published with permission.


One thought on “An Open Letter to FBI Director James Comey

  1. Trying tto report a scam and your info sheet will not recognize My city of Las Cruces in New Mexico. It was a waste of my time and an indication of the Agencies NOT WoRKING< UNLESS FBI APPEARS ON FRONT PAGES IN GOOD LIght., I'm sure you can spare one F_____ person to email duties also. As a Former Deputy Marshal and former US Customs Sgent I would like to see one in person!!!


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s