It all started when the U.S. Food and Drug Administration (FDA) approved the use of new imaging instruments for cancer screening, despite some FDA scientists who thought that the machines produced excessive radiation. Five scientists blamed flaws in the review process, and began drafting complaints to other authorities, such as members of Congress and oversight committees. Worried that the employees were leaking information and undermining the FDA, officials began secret surveillance of the scientists’ government laptops, which they used both at work and at home. Spy software recorded keystrokes, snapped screen images, and copied personal e-mails and documents, including communications between the scientists and members of Congress, journalists, and lawyers.
Eric Lichtblau and Scott Shane reported on the FDA’s surveillance in the New York Times.
While federal agencies have broad discretion to monitor their employees’ computer use, the F.D.A. program may have crossed legal lines by grabbing and analyzing confidential information that is specifically protected under the law, including attorney-client communications, whistle-blower complaints to Congress and workplace grievances filed with the government.