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Paul Merrell

Is Thailand Heading for a Coup This Week? | VICE United Kingdom - 0 views

  • Mass protests, made up largely of middle-class urbanites, have been taking place in Bangkok since November of last year. The demonstrations are in reaction to Shinawatra's party, the Pheu Thai Party, trying to rush an amnesty bill through parliament, which, if passed, would see her brother – controversial former PM, Thaksin Shinawatra – being able to return from exile. Because the protesters widely view him as corrupt – owing predominately to the fact he was sentenced to two years' imprisonment for corruption while serving as prime minister – they don't want that to happen, and their plan is to oust the ruling party and replace them with an unelected people's council. Their newest plan to ramp up the pressure is to move their main rally site from Bangkok’s historic quarter to the heart of the capital, sparking concerns ranging from traffic gridlock to a fear of bloodshed and military intervention.
  • But as the protesters prepare to move, the Royal Thai Army – generally considered to be sympathetic to the anti-government movement – has been busy ferrying troops and tanks into the city. The generals say it is in preparation for the annual Armed Forces Day, which is to be held later this month (as it is every year). However, many are sceptical, and Bangkok’s rumour mill has worked itself into a frenzy over what the influx of troops really means. In addition – just in case tanks and imminent city shutdowns weren't enough – the protest movement’s own astrologer has apparently nominated the 14th of next week as an auspicious day for a military takeover, which has many convinced that a coup is inevitable. That said, much of the talk about coups and the potential for violence has come from the current government and its own supporters, happy to drum up a bit of fear into the rest of the country over what they say the protesters are planning. But a bit of fear is perhaps not entirely misplaced. There have been almost nightly attacks on the current protest camp, and fears that this will continue when they move to the city centre have left many demonstrators nervous. On Saturday, at least seven protest guards were injured when unknown gunmen on motorcycles reportedly opened fired with M16 assault rifles. The day before, battles had taken place in a town just north of Bangkok when anti-government and pro-government supports clashed, leaving a number of people injured.
  • In fact, in almost every situation where supporters from both sides have confronted each other, violence – often involving guns – has broken out almost immediately. These outbreaks of violence stoke fears that the move further into Bangkok is a provocation designed to escalate violence, thus opening the door to military intervention – an accusation that the protesters firmly deny. In an interview earlier this week, Army Chief General Prayuth Chan-ocha said that, "The military does not shut nor open the door to a coup. Anything can happen, depending on the situation." Other army spokespersons have since tried to allay fears of an imminent coup, but considering Thailand’s history (18 coups in the last 80 years), not many of those fears have been quelled. The reality is that a coup is entirely possible, if not likely. It could come in the aftermath of potential chaos next week, or following an indecisive outcome in the upcoming elections, which are scheduled to be held on the 2nd of February. The elections are being boycotted by the opposition, and (if they take place at all) are unlikely to produce the required number of parliamentarians to fill the house. In this scenario, the army may well feel justified in taking over the running of the country.
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  • However, we might not need to wait that long. Last week, the National Anti Corruption Commission found evidence for 308 lawmakers to be charged for supporting a bill that looked to amend certain workings of the government. According to at least one interpretation of the constitution, all those members are now – or will be – suspended, leaving a vacuum that, again, the army may feel obligated to fill. And the rumours don’t stop at coups. There is talk of civil war, of a divided country: the north, run from Chiang Mai (where Yingluck lives when she's not in Bangkok), versus those in the south, in Bangkok – the power base of the opposition and current protest movement. It could happen. It could all spiral out of control and there could be widespread bloodshed. But it's unlikely. This isn’t a grassroots revolution where the masses are rising up against the ruling, power-hungry elite. These are heavily invested, largely middle-class members of society who would have nothing to gain from a crumbling nation.
  • Instead, according to long-term observers of Thailand's political landscape, this whole affair is about more than removing the present government. They suggest it's wrapped up in what will happen when the current – and deeply revered – king dies, but due to Thailand’s strict lèse-majesté law, not much more can be said on the matter. Internationally, Thailand is too deeply integrated into the global community for it to fall into bloody conflict unnoticed. It’s not a pariah state, nor a country shielding itself from globalisation or the winds of international opinion. Earlier today, for the first time, it was reported that United Nations Secretary General Ban Ki-moon has been holding talks between Yingluck and the leader of the opposition party in an effort to help them bridge their differences. Ultimately, though, nobody knows what is going to happen. The city has been busily preparing itself for the shutdown, with schools closing, public transport routes bolstered and measures underway to help maintain some semblance of normalcy. The US Embassy in Thailand recently updated their own travel advice, suggesting that their citizens living in Bangkok stock up on food and supplies for the next two weeks. However, most people are just waiting to see what happens, with few precautions being taken by local businesses and no reports of a rush on shops.
  • So the shutdown could be a major inconvenience and nothing more, or it could be the start of a whole new violent chapter for Thailand. At the very least, next week should provide a little more clarity on where Thailand is headed amid its current political turmoil.
Paul Merrell

The Anti-Empire Report #126 - March 7th, 2014 - William Blum - 0 views

  • Since the end of the Cold War the United States has been surrounding Russia, building one base after another, ceaselessly looking for new ones, including in Ukraine; one missile site after another, with Moscow in range; NATO has grabbed one former Soviet Republic after another. The White House, and the unquestioning American mainstream media, have assured us that such operations have nothing to do with Russia. And Russia has been told the same, much to Moscow’s continuous skepticism. “Look,” said Russian president Vladimir Putin about NATO some years ago, “is this is a military organization? Yes, it’s military. … Is it moving towards our border? It’s moving towards our border. Why?” The Holy Triumvirate would love to rip Ukraine from the Moscow bosom, evict the Russian Black Sea Fleet, and establish a US military and/or NATO presence on Russia’s border. (In case you were wondering what prompted the Russian military action.) Kiev’s membership in the EU would then not be far off; after which the country could embrace the joys of neo-conservatism, receiving the benefits of the standard privatization-deregulation-austerity package and join Portugal, Ireland, Greece, and Spain as an impoverished orphan of the family; but no price is too great to pay to for being part of glorious Europe and the West!
  • The Ukrainian insurgents and their Western-power supporters didn’t care who their Ukrainian allies were in carrying out their coup against President Viktor Yanukovych last month … thugs who set policemen on fire head to toe … all manner of extreme right-wingers, including Chechnyan Islamic militants … a deputy of the ultra-right Svoboda Party, part of the new government, who threatens to rebuild Ukraine’s nukes in three to six months. … the snipers firing on the protestors who apparently were not what they appeared to be – A bugged phone conversation between Urmas Paet, the Estonian foreign minister, and EU foreign policy chief Catherine Ashton, reveals Paet saying: “There is now stronger and stronger understanding that behind the snipers it was not Yanukovych, but it was somebody from the new coalition.” … neo-Nazi protestors in Kiev who have openly denounced Jews, hoisting a banner honoring Stepan Bandera, the infamous Ukrainian nationalist who collaborated with the German Nazis during World War II and whose militias participated in atrocities against Jews and Poles. The Israeli newspaper Haaretz reported on February 24 that Ukrainian Rabbi Moshe Reuven Azman advised “Kiev’s Jews to leave the city and even the country.” Edward Dolinsky, head of an umbrella organization of Ukrainian Jews, described the situation for Ukrainian Jews as “dire” and requested Israel’s help. All in all a questionable gang of allies for a dubious cause; reminiscent of the Kosovo Liberation Army thugs Washington put into power for an earlier regime change, and has kept in power since 1999.
  • The now-famous recorded phone conversation between top US State Department official Victoria Nuland and the US ambassador to the Ukraine, wherein they discuss which Ukrainians would be to Washington’s liking in a new government, and which not, is an example of this regime-change mentality. Nuland’s choice, Arseniy Yatseniuk, emerged as interim prime minister. The National Endowment for Democracy, an agency created by the Reagan administration in 1983 to promote political action and psychological warfare against states not in love with US foreign policy, is Washington’s foremost non-military tool for effecting regime change. The NED website lists 65 projects that it has supported financially in recent years in Ukraine. The descriptions NED gives to the projects don’t reveal the fact that generally their programs impart the basic philosophy that working people and other citizens are best served under a system of free enterprise, class cooperation, collective bargaining, minimal government intervention in the economy, and opposition to socialism in any shape or form. A free-market economy is equated with democracy, reform, and growth; and the merits of foreign investment in their economy are emphasized. The idea was that the NED would do somewhat overtly what the CIA had been doing covertly for decades, and thus, hopefully, eliminate the stigma associated with CIA covert activities. Allen Weinstein, who helped draft the legislation establishing NED, declared in 1991: “A lot of what we do today was done covertly 25 years ago by the CIA.”
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  • NED, receives virtually all its financing from the US government ($5 billion in total since 1991 ), but it likes to refer to itself as an NGO (Non-governmental organization) because this helps to maintain a certain credibility abroad that an official US government agency might not have. But NGO is the wrong category. NED is a GO. Its long-time intervention in Ukraine is as supra-legal as the Russian military deployment there. Journalist Robert Parry has observed: For NED and American neocons, Yanukovych’s electoral legitimacy lasted only as long as he accepted European demands for new “trade agreements” and stern economic “reforms” required by the International Monetary Fund. When Yanukovych was negotiating those pacts, he won praise, but when he judged the price too high for Ukraine and opted for a more generous deal from Russia, he immediately became a target for “regime change.” Thus, we have to ask, as Mr. Putin asked – “Why?” Why has NED been funding 65 projects in one foreign country? Why were Washington officials grooming a replacement for President Yanukovych, legally and democratically elected in 2010, who, in the face of protests, moved elections up so he could have been voted out of office – not thrown out by a mob? Yanukovych made repeated important concessions, including amnesty for those arrested and offering, on January 25, to make two of his adversaries prime minister and deputy prime minister; all to no avail; key elements of the protestors, and those behind them, wanted their putsch.
  • Carl Gershman, president of NED, wrote last September that “Ukraine is the biggest prize”. The man knows whereof he speaks. He has presided over NED since its beginning, overseeing the Rose Revolution in Georgia (2003), the Orange Revolution in Ukraine (2004), the Cedar Revolution in Lebanon (2005), the Tulip Revolution in Kyrgyzstan (2005), the Green Revolution in Iran (2009), and now Ukraine once again. It’s as if the Cold War never ended. The current unbridled animosity of the American media toward Putin also reflects an old practice. The United States is so accustomed to world leaders holding their tongue and not voicing criticism of Washington’s policies appropriate to the criminality of those policies, that when a Vladimir Putin comes along and expresses even a relatively mild condemnation he is labeled Public Enemy Number One and his words are accordingly ridiculed or ignored. On March 2 US Secretary of State John Kerry condemned Russia’s “incredible act of aggression” in Ukraine (Crimea) and threatened economic sanctions. “You just don’t in the 21st century behave in 19th century fashion by invading another country on completely trumped up pre-text.” Iraq was in the 21st century. Senator John Kerry voted for it. Hypocrisy of this magnitude has to be respected.
Paul Merrell

We were subjected to 'meticulous, daily torture' - freed Gitmo detainee - RT News - 0 views

  • After years of being held at the US Naval Base in Cuba without trial, Ibrahim Idris, one of two Sudanese detainees released on Thursday, said US prison officials had "systematically tortured" him in the course of his 11-year imprisonment at Gitmo. Idris, who has been described by US officials as mentally ill, delivered his comments in a news conference in Khartoum, just hours after returning home courtesy of a US military plane. Appearing weak and speaking with apparent difficultly, Idris gave a brief account of his lengthy imprisonment at Gitmo. “We have been subjected to meticulous, daily torture," he said. "We were helpless…on an isolated island, surrounded by weapons." He praised the Sudanese government and human rights organizations for working to secure the release of prisoners at Gitmo, which has been called “the GULAG of our times” by Amnesty International. Closed-door military tribunals, for example, have been riddled with problems, including courtroom speakers that have a mysterious tendency for being blocked during key testimony.
  • Another released detainee, Noor Othman Muhammed, was unable to attend the conference because he was recovering in the hospital, Idris said. On Feb. 18, 2011, Muhammed pleaded guilty in a military tribunal to offenses under the Military Commissions Act of 2009, and was sentenced to 14 years confinement, according to a Defense Department news release. In exchange for his guilty plea and Muhammed's cooperation with prosecutors, the military court agreed through a pre-trial agreement to suspend all confinement in excess of 34 months. Idris, who had been designated for transfer since 2009, said some of the former prisoners had pled guilty in a bid to secure their freedom. As Barack Obama wins congressional approval to transfer some prisoners from Guantanamo Bay to their home countries, a released Sudanese inmate spoke of the torture he and others endured at the hands of their American jailers. Approval for a partial detainee release is contained in the National Defense Authorization Act, which passed the Senate by an 84-15 vote on Thursday night.
  • While the bill does not address all of the administration's concerns, its provisions ... will provide the administration additional flexibility to transfer detainees abroad consistent with our national security interests," White House spokesman Jay Carney said earlier Thursday. Of those still held in the prison, five individuals stand accused of participating in the Sept. 11, 2001 terrorist attacks. At the same time, some four dozen detainees are considered “too dangerous” to be released. About half of Gitmo's 158 detainees have been cleared to be released since 2009, yet congressional restrictions prevented that from happening.
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  • A new outbreak of hunger strikes happened in early 2013. By July, 106 of the 166 detainees were on hunger strike, with 45 of them being force-fed.
  • According to Idris, those inmates who participated in these protests were “doubly tortured.” In November, a 19-member task force concluded in a 269-page report, entitled 'Ethics Abandoned: Medical Professionalism and Detainee Abuse in the ‘War on Terror', that since September 11, 2001, the Department of Defense (DoD) and CIA ordered medical professionals to assist in intelligence gathering, as well as forced-feeding of hunger strikers, in a way that inflicted “severe harm.” Gitmo officials announced earlier this month that the US military will no longer disclose to the media and public whether prisoners at Guantanamo Bay are on hunger strike, explaining that "the release of this information serves no operational purpose."
Paul Merrell

NSA grapples with huge increase in records requests - 0 views

  • Fueled by the Edward Snowden scandal, more Americans than ever are asking the National Security Agency if their personal life is being spied on.And the NSA has a very direct answer for them: Tough luck, we're not telling you.Americans are inundating the NSA with open-records requests, leading to an 888% increase in such inquiries in the past fiscal year. Anyone asking is getting a standard pre-written letter saying the NSA can neither confirm nor deny that any information has been gathered."This was the largest spike we've ever had," said Pamela Phillips, the chief of the NSA Freedom of Information Act and Privacy Act Office, which handles all records requests to the agency. "We've had requests from individuals who want any records we have on their phone calls, their phone numbers, their e-mail addresses, their IP addresses, anything like that."
  • News reports of the NSA's surveillance program motivates most inquirers, she said.During the first quarter of the NSA's last fiscal year, which went from October to December 2012, it received 257 open-records requests. The next quarter, it received 241. However, on June 6, at the end of NSA's third fiscal quarter, news of Snowden's leaks hit the press, and the agency got 1,302 requests.In the next three months, the NSA received 2,538 requests. The spike has continued into the fall months and has overwhelmed her staff, Phillips said
  • The first court challenge to the federal government's mass surveillance of Americans' phone and Internet records opened Monday with two potential strikes against it, but the judge predicted it could go all the way to the Supreme Court.Federal District Court Judge Richard Leon expressed concern that conservative activist Larry Klayman and others lacked standing to bring the case and that his court lacked jurisdiction -- factors that could further insulate the spy programs from public oversight."To me, this is the overarching question," Leon said, referring to "this court's authority or lack thereof to inject itself into this situation."
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  • The two programs, made public earlier this year by Edward Snowden, a former National Security Agency contractor now living in Russia, are reviewed by a top-secret court under the Foreign Intelligence Surveillance Act. But challengers from the political right and left are trying to have that court's periodic approvals circumvented.From the right on Monday came Klayman, a former Reagan administration lawyer who leads the advocacy group Freedom Watch. In an hour-long hearing, he called Leon "the last guard ... the last sentry to the tyranny in this country."But Justice Department lawyer James Gilligan said Klayman lacked standing to bring the case because he cannot prove the NSA examined his phone or Internet records. Gilligan also said Leon cannot review the statutory authority granted by Congress under FISA -- only the secret courts and the Supreme Court have that power.
  • Coincidentally, the Supreme Court on Monday turned down a chance to review the NSA's harvesting of Verizon phone records in a case brought by the watchdog group Electronic Privacy Information Center. The justices offered no reason for their decision.The law "makes it very difficult to challenge these determinations,' said Marc Rotenberg, president of the privacy group.Another challenge, brought by the American Civil Liberties Union, will be heard by U.S. District Court Judge William Pauley in Manhattan on Friday. Those two cases are likely to be appealed "upstairs," Leon said -- to appeals courts and possibly the Supreme Court.Both Klayman and the ACLU are seeking preliminary injunctions that would put a halt to the NSA surveillance. Both have targeted a program that sweeps up domestic telephone records, even though the targets are foreign terrorists. Klayman also is challenging a separate program that goes after cellphone and computer data from major wireless companies and Internet service providers.
  • Amnesty International and a coalition of lawyers, journalists and others brought the last Supreme Court challenge to government surveillance programs in 2012. But in February, the justices ruled 5-4 that the challengers lacked standing because they could not prove they had been wiretapped.Even if judges rule against Klayman and the ACLU, the controversial programs may get a full court test because the Justice Department has begun notifying criminal defendants whose arrests were based on warrantless surveillance. That makes the prospect of a future Supreme Court case more likely.
Paul Merrell

Asia Times Online :: The self-beheading House of Saud - 0 views

  • By Pepe Escobar Don't count on a female Saudi playwright writing a 21st century remix of John Osborne's Look Back in Anger starring a bunch of non-working class Saudi royals. But anger it is - from King Abdullah downwards; not only at the UN's "double standards" but especially - hush hush - at the infidel Obama administration. This is the official Saudi explanation for spurning a much-coveted two-year term at the UN Security Council, only hours after its nomination. No wonder the House of Saud's unprecedented self-beheading move was praised only by the usual minion suspects; petro-monarchies of the Gulf Counter-revolution Club, aka Gulf <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> Cooperation Council (GCC) as well as Egypt, who now depends on Saudi money to pay its bills and barely survive. Kuwait shared Riyadh's pain, enough to send "a message to the world". The UAE said the UN now had the "historical responsibility" to review its role. Bahrain - invaded by the Saudis in 2001 - stressed the "clear and courageous stand". Cairo said the whole thing was "brave".
  • How brave, indeed, to lobby Arab and Pacific nations for two years, and to spend a fortune training a dozen diplomats in New York for months just to say "no" when you get the prize. The House of Saud would have replaced Pakistan with a Pacific seat; Morocco stays until 2015, in an African seat. As early as five months ago the Saudi seat was considered a done deal at the UN.
  • Apart from a few Middle Eastern spots, no one is seriously losing sleep over the adolescent Saudi move - which displays a curious notion of leverage, as in choosing a PR spin reinventing the corrupt petro-monarchy as the "principled" champions of a cause (UN reform) just as they might have a crack at trying to influence it from within. That would have implied more scrutiny. For instance, this Monday the Human Rights Council, another UN institution, duly blasted Saudi Arabia on its sterling record of discrimination against women and sectarianism, following reports by Human Rights Watch and Amnesty International. As a member of the UN Security Council, the discrepancy between the medievalist reality inside Saudi Arabia and its lofty "reformist" agenda would be even more glaring.
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  • The perennial Saudi Foreign Minister, Prince Saud al-Faisal had lunch with US Secretary of State John Kerry at the Prince's very private luxury digs in Paris this Monday. The mystery is which kafir fluid was consumed; no doubts though in the official, harmless spin; they agreed on a nuclear-free Iran, an end to the war in Syria and a "stable" Egypt. Before the Paris bash, during the weekend, Bandar Bush was already in his trademark full gear, openly announcing to European diplomats in Riyadh that he will buy his Syria-bound weapons somewhere else, will dissociate his scheme from the CIA, and will train "his" rebels with other players, mostly France and Jordan. The Wall Street Journal has the story, which predictably has not surfaced in Arab media (90% of it controlled by different branches of the House of Saud). Even more interesting is two other pieces of information leaked by diplomats. The House of Saud wanted the US to provide them with targets to be hit inside Syria when Obama's kinetic whatever would start. Washington adamantly refused.
  • Better yet; Washington allegedly told Riyadh the US would not be able to defend the Shi'ite majority, oil-rich Eastern Province if the Tomahawks started flying over Syria. Imagine the horror show in Riyadh; after all, mob protection against petrodollars recycled/invested in the US economy is the basis of this dysfunctional marriage for nearly seven decades. So that should lead us to the now much hyped "independent Saudi foreign policy posture" to be implemented in relation to Washington. Don't hold your breath. As much as the House of Saud is completely paranoid regarding the Obama administration's latest moves, throwing a fit will not change the way the geopolitical winds are blowing. Iran's geopolitical ascent is inevitable. A Syrian solution is on the horizon. No one wants batshit crazy jihadis roaming free from Syria to Iraq to the wider Middle East. The Saudi spin about creating "a new security arrangement for the Arab world" is a joke - as depicted by Saudi-financed shills such as this.
  • The bottom line is that an angry, fearful House of Saud does not have what it takes to confront benign protector Washington. Throwing a fit - as in crying to attract attention - is for geopolitical babies. Without the US - or "the West" - who's gonna run the Saudi energy industry? PhD-deprived camels? And who's gonna sell (and maintain) those savory weapons? Who's going to defend them for smashing the true spirit of the Arab Spring, across the GCC and beyond? Perennial Foreign Minister Prince Saud is gravely ill. He will be replaced by a recently appointed deputy prime minister. Guess who? Prince Abdul Aziz bin Abdullah, the king's son. Instead of a "principled" stance against "double standards", the House of Saud move at the UN feels more like nepotism.
Paul Merrell

Edward Snowden doesn't deserve clemency: The NSA leaker hasn't proved he is a whistlebl... - 0 views

  • And yet I firmly disagree with the New York Times’ Jan. 1 editorial (“Edward Snowden, Whistle-Blower”), calling on President Obama to grant Snowden “some form of clemency” for the “great service” he has done for his country.
  • If that were all that Snowden had done, if his stolen trove of beyond-top-secret documents had dealt only with the NSA’s domestic surveillance, then some form of leniency might be worth discussing. But Snowden did much more than that. The documents that he gave the Washington Post’s Barton Gellman and the Guardian’s Glenn Greenwald have, so far, furnished stories about the NSA’s interception of email traffic, mobile phone calls, and radio transmissions of Taliban fighters in Pakistan’s northwest territories; about an operation to gauge the loyalties of CIA recruits in Pakistan; about NSA email intercepts to assist intelligence assessments of what’s going on inside Iran; about NSA surveillance of cellphone calls “worldwide,” an effort that (in the Post’s words) “allows it to look for unknown associates of known intelligence targets by tracking people whose movements intersect.” In his first interview with the South China Morning Post, Snowden revealed that the NSA routinely hacks into hundreds of computers in China and Hong Kong. These operations have nothing to do with domestic surveillance or even spying on allies. They are not illegal, improper, or (in the context of 21st-century international politics) immoral. Exposing such operations has nothing to do with “whistle-blowing.”
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    Another "kill the messenger" piece on Edward Snowden, this one by a Council on Foreign Relations analyst. 
Paul Merrell

NSA surveillance reform bill passes House by 303 votes to 121 | World news | theguardia... - 0 views

  • The first legislation aimed specifically at curbing US surveillance abuses revealed by Edward Snowden passed the House of Representatives on Thursday, with a majority of both Republicans and Democrats.But last-minute efforts by intelligence community loyalists to weaken key language in the USA Freedom Act led to a larger-than-expected rebellion by members of Congress, with the measure passing by 303 votes to 121.The bill's authors concede it was watered down significantly in recent days, but insist it will still outlaw the practice of bulk collection of US telephone metadata by the NSA first revealed by Snowden.Some members of Congress were worried that the bill will fail to prevent the National Security Agency from continuing to collect large amounts of data on ordinary US citizens.
  • “Perfect is rarely possible in politics, and this bill is no exception,” said Republican Jim Sensenbrenner, who has led efforts on the House judiciary committee to rein in the NSA.“In order to preserve core operations of the intelligence and law enforcement agencies, the administration insisted on broadening certain authorities and lessening certain restrictions. Some of the changes raise justifiable concerns. I don’t blame people for losing trust in their government, because the government violated their trust.”
  • But the revised language lost the support of several influential members of the judiciary committee who had previously voted for it, including Republicans Darrell Issa, Ted Poe and Raul Labrador and Democrat Zoe Lofgren.Issa also chairs the House oversight committee. Adam Smith, the most senior Democrat on the armed services committee, also voted against the bill.“Regrettably, we have learned that the intelligence community will run a truck through ambiguity,” said Lofgren during an hour and 15 minutes of debate which preceded the vote. No amendments were allowed.
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  • After the vote, Mark Jaycox, a legislative analyst at the Electronic Frontier Foundation, said: “The bill is littered with loopholes. The problem right now, especially after multiple revisions, is that it doesn't effectively end mass surveillance.”In a statement, Zeke Johnson, the director of Amnesty International USA's security and human rights program, said the House had “failed to deliver serious surveillance reform”.
  • The size of the rebellion and the seniority of the rebels may support efforts to tighten language in the legislation as it makes its way to the Senate.Senator Patrick Leahy, the chair of the Senate judiciary committee and the lead Democratic author of the Freedom Act, said that the actions of the house in passing it was an “important step towards reforming our nation's surveillance authorities”which “few could have predicted less than a year ago.”However, in a statement issued on Thursday, Leahy expressed disappointment that the bill, which he had introduced jointly with Sensenbrenner in October, had been diluted.
  • Senator Ron Wyden, the Oregon Democrat who has waged an often lonely campaign against NSA surveillance, said he opposed the House bill in the form that passed on Thursday. "I am gravely concerned that the changes that have been made to the House version of this bill have watered it down so far that it fails to protect Americans from suspicionless mass surveillance," he said.He said the Senate version of the bill remained strong, and that he hoped that its provisions could be preserved.
  • The bill was the first vote on a NSA related matter in either the House or Senate since last July, when Republican congressman Justin Amash failed by 205-217 votes to pass an amendment to an appropriations bill that would have stripped funding for bulk surveillance.The revised USA Freedom Act was supported by the White House. Obama had urged for a solution to ending bulk collection of telephone metadata in ways that would not unduly constrain the NSA.
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    On to the Senate. No meaningful reform from the House. That the measure passed was supported by Obama tells the story of its effectiveness. It will "constrain the NSA."
Paul Merrell

Curbs on Surveillance State Urged | Consortiumnews - 1 views

  • In the post 9/11 era, the U.S. government vastly expanded its surveillance of nearly everyone on earth, even U.S. citizens, brushing aside constitutional protections in the name of security. A group of intelligence veterans urges reform of those practices to protect privacy and to stop the waste of resources. MEMORANDUM FOR: Privacy and Civil Liberties Oversight BoardFROM: Veteran Intelligence Professionals for Sanity (VIPS)Subject: Two Administrations and Congress Dismantled the Constitution – How Can It Be Restored? Drastic Erosion of Citizen Privacy Since 9/11Since the events of September 11, 2001, actions by successive U.S. administrations – backed by legislation such as the Patriot Act and the FISA Amendments Act (FAA) – have eroded privacy provisions guaranteed under the U.S. Constitution. Lawsuits challenging these actions have languished, with the U.S. Supreme Court having declined to hear the one case to reach it for review, Clapper vs. Amnesty International.
Paul Merrell

Virginia state agency cancels Jerusalem trip citing Israeli discrimination | The Electr... - 0 views

  • The state agency that regulates the legal profession in Virginia has canceled a planned seminar in Jerusalem following objections over Israel’s discrimination against Americans of Palestinian, Arab and Muslim ancestry. “Certain members of the Virginia State Bar and other individuals have expressed objections to the VSB’s plan to take the Midyear Legal Seminar trip in November to Jerusalem,” Kevin E. Martingayle, the agency’s president, wrote in an email to members today. “It was stated that there are some unacceptable discriminatory policies and practices pertaining to border security that affect travelers to the nation.” “Upon review of US State Department advisories and other research, and after consultation with our leaders, it has been determined that there is enough legitimate concern to warrant cancellation of the Israel trip and exploration of alternative locations,” Martingayle said.
  • “Undoubtedly, this news will disappoint some VSB members,” Martingayle added, “But we are a state agency that strives for maximum inclusion and equality, and that explains this action.” Dozens of lawyers who are members of the VSB had signed an open letter detailing Israel’s discriminatory practices, citing reports from the US government and Amnesty International. The Electronic Intifada has also reported extensively on Israel’s discriminatory denial of entry and other forms of abuse and harassment of Palestinian Americans and other travelers.
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    The practical result of this is that Israel will be off-limits for all bar association activities in the U.S., its territories, and possessions. Not even for the old Continuing Legal Education scam where a CLE session is held in a vacation resort, the lawyers show up, sign in, and skip all the classes.  Less obviously, this will bring Israel's discriminatory border regulation to the attention of virtually all lawyers in the U.S., which will likely seed many lawsuits against, e.g., non-essential U.S. government travel to Israel. It will also stiffen resistance to Congressional junkets to Israel, which are funded by Israel and Zionist organizations in the U.S. The last thing Israel's governing Zionists want is the U.S. legal profession all over them like white on rice. 
Paul Merrell

Wikimedia v. NSA: Another Court Blinds Itself to Mass NSA Surveillance | Electronic Fro... - 0 views

  • We all know justice is blind. But that is supposed to mean that everyone before it is treated equally, not that the justice system must close its eyes and refuse to look at important legal issues facing Americans.  Yet the government continues to convince courts that they cannot consider the constitutionality of its behavior in national security cases and, last week, in an important case for anyone who has ever used Wikipedia, another judge agreed with that position.  A federal district judge in Maryland dismissed Wikimedia v. NSA, a case challenging the legality of the NSA’s “upstream” surveillance—mass surveillance of Internet communications as they flow through the Internet backbone. The case was brought by our friends at the ACLU on behalf of nine plaintiffs, including human rights organizations, members of the media, and the Wikimedia Foundation.1 We filed a brief in the case, too, in support of Wikimedia and the other plaintiffs. The judge dismissed the case based on a legal principle called standing. Standing is supposed to ensure, among other things, that the party bringing the lawsuit has suffered a concrete harm, caused by the party being sued, and that the court can resolve the harm with a favorable ruling.
  • But the U.S. government has taken this doctrine, which was intended to limit the cases federal courts hear to actual live controversies, and turned it into a perverse shell game in surveillance cases—essentially arguing that because aspects of the surveillance program are secret, plaintiffs cannot prove that their communications were actually, in fact, intercepted and surveilled. And without that proof, the government argues, there’s no standing, because plaintiffs can’t show that they’ve suffered harm. Sadly, like several other courts before it, the judge agreed to this shell game and decided that it couldn’t decide whether the constitutional rights of Wikimedia and the other plaintiffs were violated.  This game is mighty familiar to us at EFF, but that doesn’t make it any less troubling. In our system, the courts have a fundamental obligation to conclusively determine the legality of government action that affects individuals’ constitutional rights. For years now, plaintiffs have tried to get the courts to simply issue a ruling on the merits of NSA surveillance programs. And for years, the government has successfully persuaded the courts to rely on standing and related doctrines to avoid doing so. That is essentially what happened here. The court labeled as “speculative” Wikimedia’s claim that, at a minimum, even one of its approximately one trillion Internet communications had been swept up in the NSA’s upstream surveillance program. Remember, this is a program that, by the government’s own admission, involves the searching and scanning of vast amounts of Internet traffic at key Internet junctures on the Internet’s backbone. Yet in court’s view, Wikimedia’s allegations describing upstream—based on concrete facts, taken from government documents— coupled with a plaintiff that engages in a large volume of internet communications were not enough to state a “plausible” claim that Wikimedia had been surveilled.
  • On the way to reaching that conclusion, and putting on its blindfold, the court made a number of mistakes. The Government’s Automated Eyes Are Still Government Eyes First, it appears the court fundamentally misunderstood Wikimedia’s claim about upstream surveillance and, in particular, “about surveillance.” As Wikimedia alleged, “about surveillance” (a specific aspect of upstream surveillance that searches the content of communications for references to particular email addresses or other identifiers) amounts to “the digital analogue of having a government agent open every piece of mail that comes through the post to determine whether it mentions a particular word or phrase.” The court held, however, that this type of “about” surveillance was “targeted insofar as it makes use of only those communications that contain information matching the tasked selectors,” like email addresses. But what the government "makes use of" is entirely beside the point—it is the scanning of the communications for the tasked selectors in the first place that is the problem.  To put it into a different context, the government conducts a search when it enters into your house and starts rifling through your files—not just when it finds something it wants to keep. The government's ultimate decision to “make use of” the communications it finds interesting is irrelevant. It is the search of the communications that matters.
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  • Back of the Envelope Gymnastics Another troubling aspect of the court’s decision was its attack on the probabilities Wikimedia assigned to the likelihood of its communications being intercepted. Given that Wikimedia engages in a large volume of Internet communications, Wikimedia alleged that—even assuming a .00000001% chance that any one particular communication is intercepted—it would still have a 99.9999999999% of having one of its communications intercepted. The statistic was used to illustrate that, even assuming very low probabilities for interception, there was still a near-certainty that Wikipedia’s traffic was collected. But the court attacked Wikimedia’s simple statistical analysis (and the attack tracked, to a great degree, arguments made in the government’s declarations that the court purportedly did not consider). The court seemed to believe it had seized upon a great flaw in Wikimedia’s case by observing that, if the probability of any given communication being intercepted were decreased 100% or 1000%, the probability of one of Wikimedia’s communications being intercepted would similarly drop. The “mathematical gymnastics” the court believed it had unearthed were nothing more than Wikimedia using an intentionally small (and admittedly arbitrary) probability to illustrate the high likelihood that its communications had been swept up. But even if the court disagreed with the probabilities Wikimedia relied on, it’s not at all clear why that would justify dismissing the case at the outset. If it turned out, after development of the record, that the probabilities were off, then dismissal might be appropriate. But the court cut the case off before Wikimedia had the opportunity to introduce evidence or other facts that might support the probability they assigned.
  • Someone Else Probably Has Standing, Right? Perhaps most troubling was the court’s mistaken belief that the legality of upstream surveillance could be challenged in other ways, beyond civil cases like Wikimedia or our ongoing case, Jewel v. NSA. The court asserted its decision would not insulate upstream from judicial review, which—according to the court—could still receive judicial scrutiny through (1) review from the Foreign Intelligence Surveillance Court (FISC), (2) a challenge by a criminal defendant, or (3) a challenge from an electronic service provider. None of these options is truly a viable alternative, however. First, the FISC (until very recently) did not have adversarial proceedings—it only heard from the government, and its proceedings remain both far more limited and more secretive than a regular court’s. Second, a challenge from a criminal defendant won’t work either, because, to date, the government has explicitly refused to disclose—even where defendants are notified of the use of FISA surveillance—whether their communications were obtained using upstream surveillance. And, finally, in the nearly 15 years (or more) the government has conducted upstream surveillance, we’re not aware of any service provider that has challenged the legality of the practice. Indeed, given that upstream is done with the cooperation of telecoms like AT&T and Verizon—the same telcos that did not challenge the NSA’s bulk collection of Americans’ call records for over a decade—we're not holding our breath for a challenge anytime soon. Instead, we need the courts to tackle these cases. Upstream surveillance presents unique constitutional issues that no federal court has seriously addressed. It's time the federal courts stepped up to the challenge.
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    The notion that the government can intentionally violate the privacy rights of its citizens yet a court find that those citizens have no right to seek redress announces a view that privacy rights are hollow --- that those wronged by government malfeasance have no remedy in the courts of our nation. That is a view that must be thrown in the dustbins of history if freedom is to be preserved. 
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