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Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Ille... - 0 views

www.eff.org/...baltimore-police-are-illegally

surveillance state stingrays test-case litigation

shared by Paul Merrell on 26 Aug 16 - No Cached
  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
  • ...2 more annotations...
  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
  • Paul Merrell on 26 Aug 16
     
    An important test case on the constitutionality of stingray mobile device surveillance.
Paul Merrell

Opinion recap: TV indecency policy awaits next round : SCOTUSblog - 0 views

www.scotusblog.com/...cency-policy-awaits-next-round

Supreme Court FCC indecency profanity nudity

shared by Paul Merrell on 22 Jun 12 - No Cached
  • The federal government’s battered policy against what it considers to be “indecent” programming on television has weathered two showdowns in the Supreme Court in the past three years.  But, on Thursday, the Court impliedly posed a question: whether that Federal Communications Commission policy — if left as is — would survive a third such encounter.  The signals were not promising for the FCC. The new ruling in FCC v. Fox Television Stations, et al. (10-1293), of course, did not strike down the policy.  It nullified specific orders by the FCC enforcing its policy, and avoided the First Amendment issue altogether.  FCC thus does retain the option of going right ahead to regulate broadcasts of single uses of four-letter words and momentary glimpses of provocative nudity, as if nothing had changed.   It also has the option of reconsidering, but anything new it writes will again be tested constitutionally, so either way, there will be a third round.
  • Paul Merrell on 22 Jun 12
     
    A decision today by the Supreme Court regarding the FCC's regulation of indecency in television  broadcasts is being widely misreported in mainstream media as authorizing nudity and profane language on television.  The decision actually struck down a pair of FCC decisions enforcing its regulation on grounds that the regulation as applied in those two cases was too vague to put broadcasters on notice that their particular broadcasts crossed any legally definable line. As discussed in the linked article, the decision does not prohibit the FCC from enforcing its regulation in differering situations. The FCC may continue to so or more likely will rewrite its regulation to be more explicit. The decision therefore sets the stage for a later case that might reach the First Amndement constitutional issues.  In other words, mainstream media gets it wrong again. 
Paul Merrell

Customer proprietary network information - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...roprietary_network_information

security state call-metadata 4th Amendment

shared by Paul Merrell on 06 Jan 14 - No Cached
  • Customer proprietary network information (CPNI) is the data collected by telecommunications companies about a consumer's telephone calls. It includes the time, date, duration and destination number of each call, the type of network a consumer subscribes to, and any other information that appears on the consumer's telephone bill. Telemarketers working on behalf of telephone companies, attempting to either win back a customer or upsell a customer with more services, must ask the customer's consent before accessing the billing information or before using that information to offer an upsell or any change of services. Usually this is done at the beginning of a call from the telemarketer to the telephone subscriber.
  • Note that as long as an affiliate is "communications" related, the FCC has ruled that CPNI is under an opt-out approach (can be shared without your explicit permission). A phone company is permitted to sell all information on you, such as numbers you call, when you called them, where you were when you called them, or any other personally identifying information. CPNI would normally require a warrant for law enforcement agencies, but it can be freely sold to "communications" related companies. One can verify this by checking rule 64.2007(b)(1) and footnote 137 in the 2007 CPNI order. One can call up a phone company and opt out by requesting that they do not share CPNI information. In the case of
  • The U.S. Telecommunications Act of 1996 granted the Federal Communications Commission (FCC) authority to regulate how customer proprietary network information (CPNI) can be used and to enforce related consumer information privacy provisions. The rules in the 2007 FCC CPNI Order further restrict CPNI use and create new notification and reporting requirements. The rules in the 2007 CPNI Order include: Limits the information which carriers may provide to third-party marketing firms without first securing the affirmative consent of their customers Defines when and how customer service representatives may share call details Creates new notification and reporting obligations for carriers (including identity verification procedures) Verification process must MATCH what is shown with the company placing the call.
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  • The 2007 CPNI Order does not revise all CPNI rules. For example, the rule revisions adopted in the Order do not limit a carrier's ability to use CPNI to perform billing and collections functions, restrict CPNI use to effect maintenance and repair activity, or impact responses to lawful subpoenas. Fines for failure to comply with CPNI rules can be substantial. Since 2006, the FCC, focusing on one rule regarding internal annual compliance certificates, proposed over $1 million in fines and those fines are not necessarily indicative of the fines the FCC could propose. The FCC is authorized to impose fines of up to $150,000 for each rule violation or each day of a continuing violation up to a maximum of $1.5 million for each continuing violation.[1] The rules adopted in the Order are effective either six months after the Order is published in the Federal Register or on receipt of Office of Management and Budget approval of the new rules depending on which event is later. (Order at ¶61)
  • Paul Merrell on 06 Jan 14
     
    A term that may become controversial in the context of pending cases under the 4th Amendment against NSA surveillance, going to the "reasonableness" of a customer's expectation of privacy in call metadata.
Paul Merrell

Report: Verizon Claimed Public Utility Status To Get Government Perks - Slashdot - 0 views

news.slashdot.org/...status-to-get-government-perks

net-neutrality FCC Verizon banksters

shared by Paul Merrell on 29 May 14 - No Cached
  • Research for the Public Utility Law Project (PULP) has been released which details 'how Verizon deliberately moves back and forth between regulatory regimes, classifying its infrastructure either like a heavily regulated telephone network or a deregulated information service depending on its needs. The chicanery has allowed Verizon to raise telephone rates, all the while missing commitments for high-speed internet deployment' (PDF). In short, Verizon pushed for the government to give it common carrier privileges under Title II in order to build out its fiber network with tax-payer money. Result: increased service rates on telephone users to subsidize Verizon's 'infrastructure investment.' When it comes to regulations on Verizon's fiber network, however, Verizon has been pushing the government to classify its services as that of information only — i.e., beyond Title II. Verizon has made about $4.4 billion in additional revenue in New York City alone, 'money that's funneled directly from a Title II service to an array of services that currently lie beyond Title II's reach.' And it's all legal. An attorney at advocacy group Public Knowledge said it best: 'To expect that you can come in and use public infrastructure and funds to build a network and then be free of any regulation is absurd....When Verizon itself is describing these activities as a Title II common carrier, how can the FCC look at broadband internet and continue acting as though it's not a telecommunication network?'"
  • Paul Merrell on 29 May 14
     
    Let's also not forget that what is now named "Verizon" used to be named Bell Atlantic, one of the seven Baby Bells that were spun off by AT&T by government order during antitrust proceedings.  In other words, this is one of the companies rate-payers financed through a heavily-regulated analog telephony absolute monopoly. But Verizon wants to spread its wings and escape the chains of regulation as a telecommunications carrier. While having its cake and eating it to, according to this article. The FCC has poised itself through a proposed rule with the flexibility to postpone a decision on net neutrality.  AT&T famously was allowed to keep its R&D arm while being freed of the expense of upgrading the U.S. telephony network from analog to digital and from copper wire to fibre optic.  And pay for those Baby Bells to make that transition we did. I remember monthly bills for a two person office running as high as $1,100 a month for calls all carried from Baby Bell to AT&T and back to another Baby Bell. All at state-regulated rates with FCC looking the other way. But now Verizon, Comcast (the originally munipally regulated cable television monopolies) and the few other "competing" survivors of that broadband rollout, having had their infrastructure paid for by the ratepayers, want to fly off and begin charging us at the other end of the pipe,via charges to content providers that will be passed on to us. Leading to the squeezing out of Mom and Pop internet businesses by the big content providers that can afford the charges and pass them on to us. This is looking more and more like another massive rip-off of the customers who already paid for that infrasture. Is that banksters I smell, privatizing a enormous public utility in the name of free markets?      
Paul Merrell

President Obama's Statement on Keeping the Internet Open and Free - YouTube - 0 views

www.youtube.com/watch

net-neutrality Obama

shared by Paul Merrell on 10 Nov 14 - No Cached
  • President Obama today urged the Federal Communications Commission (FCC) to take up the strongest possible rules to protect net neutrality, the principle that says Internet service providers (ISPs) should treat all internet traffic equally.
  • Paul Merrell on 10 Nov 14
     
    Obama statement today coming out for net neutrality in a big way. He asked FCC to reclassify all internet traffic under Title II. This follows by only a few days statements by Comcast and AT&T to the FCC that they have no plans to offer fast-lane service for a price. The only question left seems to be whether the FCC will do it.
Paul Merrell

Following New FCC Rules, Massive Corporate Consolidation Of Local News Underway - 0 views

www.mintpressnews.com/...227770

media-consolidation local-news

shared by Paul Merrell on 13 May 17 - No Cached
  • In a deal that will allow one broadcasting company to reach 72 percent of U.S. households through ownership of local news stations, it was reported this week that Sinclair Broadcast Group is buying Tribune Media for nearly $4 billion. Such a move wouldn’t have been possible a few weeks back, but Donald Trump’s new Federal Trade Commission (FCC) chairman, Ajit Pai, just began implementing sweeping changes to previously established media ownership rules. Bloomberg explains:
  • “A Sinclair-Tribune merger was made easier last month when the FCC restored a rule that allows TV station groups to count just half of their coverage area for Ultra High-Frequency stations to comply with a 39 percent nationwide cap set by Congress.
  • “So we’re seeing a concentration of power on the broadcast side at the same time they are building up these powerful new gatekeepers, really doing the bidding of the most powerful companies and just paving the way for them to do whatever they want.” Using Sinclair as an example, Aaron goes on to talk about how broadcasting giants are able to push the content they want across multiple platforms simultaneously: “So they both like to try to buy up multiple stations in the same market, have one newscast going on multiple channels, as well as doing as much as they can from Sinclair headquarters in terms of pushing content out to their whole network.” Calling Ajit Pai’s moves at the FCC “scandalous,” Aaron highlights the complexity of modern media and says that now — more than ever — we need an aware, conscious populace: “So, at a time where we need more local news, more competition, more choices, better-informed communities, what we’re getting is the same cookie-cutter content coast to coast.”
Joe La Fleur

Rush, Hannity, Savage face 'death by Obama' - 1 views

www.wnd.com/...ity-savage-face-death-by-obama

shared by Joe La Fleur on 29 Jul 12 - No Cached
  • Joe La Fleur on 29 Jul 12
     
    IF OBAMA IS REELECTED THE ONLY FREE SPEECH THAT WILL BE ALLOWED WILL BE THAT WHICH SUPPORTS SOCIALISM.
  • Paul Merrell on 30 Jul 12
     
    Joe, it is a giant anti-intellectual leap to project that from a recommendation of an advisory commission that Obama would in fact reimpose the fairness doctrine. The FCC is a commission independent of presidential control. The article errs by referring to the 1980 FCC as "President Ronald Reagan's" FCC. Neither Reagan nor Obama can influence what the FCC does other than through the process of filling vacancies on the FCC. The FCC is an arm of Congress, not the Executive Branch. Moreover, there are strong reasons to suspect that Obama would not order such a step even if he could. He was a professor of constitutional law and surely realizes that such a step would provoke outrage and lawsuits from the right, the center, and the left. While ignorance about global warming is rampant, stifling dissent could never overcome that. There is no scientific question that we are going through a period of global warming. Glaciers and the polar ice caps are melting, beyond any doubt. As to causes, it should be taken into account that *all* of the prominent global warming skeptics are funded by fossil fuel companies that will take an economic hit if America decides to drastically reduce its CO-2 emissions and that very few of them have scientific credentials. http://en.wikipedia.org/wiki/Global_warming_controversy#Funding_for_partisans They are lobbyists and propagandists. Outside the U.S., there is very little controversy over global warming and its causes. Short story: I'd advise some research into whether you have been played as a victim of baseless fossil fuel company propaganda.
Gary Edwards

Birth of an Internet independence movement | CIO - 0 views

www.cio.com/...net-independence-movement.html

internet

shared by Gary Edwards on 04 May 15 - No Cached
  • The arrogance and utter incongruity of declaring Internet and telephone networks equivalent has led a group of friends, all of them reluctant activists, to convene an effort to restore Internet independence. So far, the group of “Tech Innovators” includes John Perry Barlow, Mark Cuban, Tim Draper, Tom Evslin, Dave Farber, Charlie Giancarlo, George Gilder, John Gilmore, Brian Martin, Bob Metcalfe, Ray Ozzie, Jeff Pulver, Michael Robertson, Scott McNealy and Les Vadasz. Through this civic initiative, we hope to defend the remarkable success of the Internet and lead a conversation toward the future — not the past, where laws enacted under FDR must inevitably lead us. The open Internet rules from the FCC end the “permissionless innovation” they purport to protect by inviting the commission to regulate computer networks for the first time. The uncertain benefits and certain unintended consequences of the policy reversal expose the communicating public to unnecessary risk and threaten to upend the success of the past 20 years. The Tech Innovators believe that by recognizing “Internet Independence Day,” Congress can help initiate and advance bipartisan legislation to restore the private-sector framework responsible for of the success of the Internet.
  • Americans today enjoy a thousand-fold improvement from the 56Kbps dial-up modems that 15 million Internet early adopters relied on in the ’90s. The Internet now reaches 3 billion people, and a proliferation of services push communication options far beyond the long-distance phone call of 1995. The FCC plan to impose public utility Title II provisions ends the policies responsible for these accomplishments. Domains subject to telephone-style regulations suffer stagnation without exception. A routine 10Mbps connection available as a nonregulated information service prior to the Open Internet Order would have cost $10,000 per month as a Title II data service in 1995. The insertion of fiat regulatory powers will prove fatal to the entrepreneurial energies responsible for building what FCC Chairman Wheeler calls “the most powerful network in the history of mankind” — a network built beyond the reach of FCC regulatory jurisdiction.
  • The Open Internet Order invents artificial distinctions between content companies, Internet providers and end users for the purposes of regulation. This will lead to the same types of regulatory arbitrage and innovation-deadening consequences as prior distinctions such as “long distance” or “intra-lata.” History demonstrates that asserting artificial market distinctions for purposes of regulation always invites arbitrage and unintended consequences. Resources White Paper 802.11ac: Wireless The Easy Way White Paper Web Application Acceleration: Practical Implementations See All Go The commission obtains jurisdiction by changing the definition of “public switched network” to include networks with IP addresses. The complete transformation of a policy landscape represents a decision the Constitution grants exclusively to Congress.
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  • The coming litigation leaves the Internet ecosystem in jeopardy without regard to the outcome. The preference for a congressional action addressing current conditions and issues relative to the prospects of an 80-year-old regulatory framework should not be controversial. The privatization of the Internet represented an experiment. Restoring Internet independence merely recognizes the remarkable success of the commercial Internet.
  • Gary Edwards on 04 May 15
     
    "The 20th anniversary of the privatization of the Internet deserves recognition by the U.S. Congress and celebration by all Americans as "Internet Independence Day." Two decades ago, on April 30, 1995, the Internet was privatized with the decommissioning of the NSFNET backbone. State of the CIO 2015 More than 500 top IT leaders responded to our online survey to help us gauge the state of the READ NOW The past two decades of Internet-driven success were set in motion with the passage of the High Performance Computing Act of 1991, championed by Sen. Al Gore and signed into law by President George H.W. Bush. That decision of the U.S. government to step back and privatize the Internet led to a thriving and open Internet that provides a remarkable platform for innovation. Ironically, the Federal Communication Commission's recently announced Open Internet Order reasserts government control over the Internet by the means of repurposing Depression-era industrial policy meant to address a monopoly in voice-transmission technology. The FCC went down the dangerous and uncertain legal path of reverting to traditional, utility-style regulation under Title II of the Communications Act of 1934."
Gary Edwards

Stop the Fed Takeover of the Internet! Citizens Petition to stop Obama and the FCC - 0 views

www.grassfire.com/...petition.asp

Fed-take-over-of-the-Internet Federal-censorship Obammunism OpenWeb FCC-Obama

shared by Gary Edwards on 28 Sep 11 - No Cached
  • Gary Edwards on 28 Sep 11
     
    The Issue:  President Obama and his liberal cohorts are set to takeover the Internet beginning November 20 unless freedom-loving Americans demand this illegal assault on Free Speech in America end. Back on December 21, 2009, a Federal Communications Commission (FCC) power-grab, illegally imposed strict, job-killing restrictions on the Internet. The move was no doubt fueled by Tea Party successes, and a growing fear among liberals that conservatives needed to be silenced. That said, the FCC move wasn't widely reported. In fact, many are unsure as to what the new Net Neutrality rules actually mean. What is certain, however, is that in seizing the Internet Obama has also muzzled the greatest mechanism of growth in our history (under the guise of promoting "freedom" for all), and taken one giant step closer to controlling the unfettered access to news and information that we read. The Action:  Without the support of the American people and requiring no votes in Congress, the so-called Net Neutrality rules didn't require any Congressional action. Now with the federal government seizing control, Grassfire Nation is moving quickly to amass at least 150,000 petitions demanding Congress to reverse the Net Neutrality ruling through legislation.  
Paul Merrell

Comcast Plans to Drop Time Warner Cable Deal - Bloomberg Business - 0 views

www.bloomberg.com/...aw-offer-for-time-warner-cable

Comcast time-warner merger

shared by Paul Merrell on 24 Apr 15 - No Cached
  • Fourteen months after unveiling a $45.2 billion merger that would create a new Internet and cable giant, Comcast Corp. is planning to walk away from its proposed takeover of Time Warner Cable Inc., people with knowledge of the matter said. The decision marks a swift unraveling of a deal that awaited federal approval for more than a year. Opposition from the U.S. Justice Department and Federal Communications Commission took shape over the past week, leaving officials of the two companies to conclude the deal wouldn’t pass muster.
  • Comcast’s board will meet to finalize the decision on Thursday, and an announcement may come as soon as Friday, said one of the people, who asked not to be identified because the information is private. Time Warner Cable executives plan to tell shareholders on an earnings conference call next Thursday how the company can survive independently, the person said.
  • On Wednesday, FCC staff joined lawyers at the Justice Department opposing the transaction. That day, FCC officials told representatives of the two companies they are leaning toward concluding the merger doesn’t help consumers, a person with knowledge of the matter said. The FCC’s plan to call a hearing effectively killed the deal’s chances of success. An FCC hearing can take months to complete and drag out the approval process beyond the companies’ time frame for completion. Bloomberg News reported last week that Justice Department staff was leaning against the deal. Senators including Al Franken, a Democrat from Minnesota, also voiced opposition. “Comcast’s withdrawal of its proposed merger with Time Warner Cable would be spectacularly good news for consumers,” Michael Copps, a Democratic former FCC commissioner working with Common Cause to oppose the deal, said in a statement.
  • Paul Merrell on 24 Apr 15
     
    Looks like all that online lobbying from the internet community worked. 
Gary Edwards

HBL - The Harry Binswanger List - 0 views

www.hblist.com/specifics.htm

Harry-Binswanger Ayn-Rand-Libertarian Principles-and-Specifics 2012-elections

shared by Gary Edwards on 04 Jan 13 - No Cached
  • Gary Edwards on 04 Jan 13
     
    WOW!  Renown Ayn Rand expert, Harry Binswanger, discusses the 2012 election big media accusation that Romney is "short on specifics".  (Not that Obama ever provided anything close to a specific explanation, but there it is.)  In his discussion, Harry describes exactly how to present "principles" that then can be easily connected to "specifics".   Incredible read. excerpt: "Here's a sample of what an ideal candidate would say, first in terms of principles: "The only proper function of government is to protect individual rights, and the only way rights can be violated is by the initiation of physical force. Under my administration, we will return to the original American system in which the government uses its physical force only in retaliation against those who initiate its use in violation of individual rights. The fundamental right is the right to life, and its corollaries include the right to private property, without which no other rights are possible." He could then go on to name policy goals that represent mid-level abstractions: "Entitlement programs are the initiation of force; they seize the property of some to provide unearned benefits to others. This is immoral; it is a legalized equivalent of theft. Thus, I will drastically cut entitlement spending-whether "discretionary" or not. Another area of initiated government force is regulation. Regulation by its nature is preventive law, interfering with the lives of the innocent in order to (supposedly) prevent the guilty from acting. This is force initiated against the innocent, so I will drastically cut the number and scope of regulations over the same 4 years." Now the real fun comes when, having established this context, he gets to specifics: "My first budget will cut funds for all departments, except Defense, to 15% below what they received the previous year. This is an across-the-board cut, not something to become the subject of infighting among departments. Then in my next budget I will cut 15%
Paul Merrell

NSA monitors WiFi on US planes 'in violation' of privacy laws - RT USA - 0 views

rt.com/...nflight-wfi-nsa-monitoring-548

surveillance state NSA law-enforcement NSA-methods in-flight-wireless

shared by Paul Merrell on 11 Apr 14 - No Cached
  • Companies that provide WiFi on US domestic flights are handing over their data to the NSA, adapting their technology to allow security services new powers to spy on passengers. In doing so, they may be in violation of privacy laws. In a letter leaked to Wired, Gogo, the leading provider of inflight WiFi in the US, admitted to violating the requirements of the Communications Assistance for Law Enforcement Act (CALEA). The act is part of a wiretapping law passed in 1994 that requires telecoms carriers to provide law enforcement with a backdoor in their systems to monitor telephone and broadband communications. Gogo states in the letter to the Federal Communications Commission that it added new capabilities to its service that go beyond CALEA, at the behest of law enforcement agencies.
  • “In designing its existing network, Gogo worked closely with law enforcement to incorporate functionalities and protections that would serve public safety and national security interests,” Gogo attorney Karis Hastings wrote in the leaked letter, which dates from 2012. He did not elaborate as to the nature of the changes, but said Gogo “worked with federal agencies to reach agreement regarding a set of additional capabilities to accommodate law enforcement interests.” Gogo, which provides WiFi services to the biggest US airlines, are not the only ones to adapt their services to enable spying. Panasonic Avionics also added “additional functionality” to their services as per an agreement with US law enforcement, according to a report published in December. The deals with security services have civil liberties organizations up in arms. They have condemned the WiFi providers’ deals with authorities as scandalous.
Paul Merrell

AIPAC Spent $14.5 Million on TV Ads during Iran Deal Debate « LobeLog - 0 views

lobelog.com/tv-ads-during-iran-deal-debate

war & peace Iranian-nukes-myth deal lobbying stats

shared by Paul Merrell on 30 Sep 15 - No Cached
  • In the aftermath of Senate Republicans’ failed efforts to derail the plan agreed on in July to limit Iran’s nuclear program, responsibility has fallen on AIPAC for its inability to persuade a meaningful number of Senate Democrats to join their GOP colleagues in opposing the Joint Comprehensive Plan of Action (JCPOA). To put it bluntly, AIPAC, a group with historically stronger ties to the Democratic Party, failed miserably. Only four Senators—Robert Menendez (D-NJ), Ben Cardin (D-MD), Chuck Schumer (D-NY), and Joe Manchin (D-WV)—broke ranks with their colleagues and minority leader Sen. Harry Reid (D-NV) to oppose the nuclear deal. But AIPAC didn’t fail on the cheap. They raised and spent a staggering sum of money in an effort to tilt public opinion against the White House’s signature second-term foreign policy initiative. This summer, AIPAC announced the formation of a new dark money group, “Citizens for a Nuclear Free Iran,” dedicated exclusively to opposing the emerging nuclear deal with Iran. The Jewish Telegraph Agency’s Ron Kampeas reported that the group raised “nearly $30 million.” After a review of over 700 FCC disclosures, helpfully tagged by the nonpartisan Sunlight Foundation’s “political ad sleuth,” we can confirm that the AIPAC spin-off spent at least $14.5 million on television commercials airing on broadcast television networks (ABC, NBC, FOX, and CBS) from mid-July until mid-September. This period coincides with the intensive two-month lobbying period from the announcement of the JCPOA in Vienna to the failure of the Senate resolution of disapproval.
  • These numbers don’t take into account the cost of ad buys on cable networks and any lag in the Sunlight Foundation’s Political Ad Sleuth’s tagging of relevant FCC filings. But the broad outlines of AIPAC’s well-moneyed opposition to the Iran deal indicate that the pro-Israel group quickly raised a significant amount of money to blanket the airwaves with anti-deal television commercials, dwarfing any efforts by J Street or other pro-deal groups to air competing ads.
Paul Merrell

Boycott, Divest and Sanction Corporations That Feed on Prisons  :    Informat... - 0 views

www.informationclearinghouse.info/article41455.htm

incarceration-nation for-profit-prisons boycott

shared by Paul Merrell on 09 Apr 15 - No Cached
  • All attempts to reform mass incarceration through the traditional mechanisms of electoral politics, the courts and state and federal legislatures are useless. Corporations, which have turned mass incarceration into a huge revenue stream and which have unchecked political and economic power, have no intention of diminishing their profits. And in a system where money has replaced the vote, where corporate lobbyists write legislation and the laws, where chronic unemployment and underemployment, along with inadequate public transportation, sever people in marginal communities from jobs, and where the courts are a wholly owned subsidiary of the corporate state, this demands a sustained, nationwide revolt. “Organizing boycotts, work stoppages inside prisons and the refusal by prisoners and their families to pay into the accounts of phone companies and commissary companies is the only weapon we have left,” said Amos Caley, who runs the Interfaith Prison Coalition, a group formed by prisoners, the formerly incarcerated, their families and religious leaders.
  • These boycotts, they said, will be directed against the private phone, money transfer and commissary companies, and against the dozens of corporations that exploit prison labor. The boycotts will target food and merchandise vendors, construction companies, laundry services, uniforms companies, prison equipment vendors, cafeteria services, manufacturers of pepper spray, body armor and the array of medieval instruments used for the physical control of prisoners, and a host of other contractors that profit from mass incarceration. The movement will also call on institutions, especially churches and universities, to divest from corporations that use prison labor. The campaign, led by the Interfaith Prison Coalition, will include a call to pay all prisoners at least the prevailing minimum wage of the state in which they are held. (New Jersey’s minimum wage is $8.38 an hour.) Wages inside prisons have remained stagnant and in real terms have declined over the past three decades. A prisoner in New Jersey makes, on average, $1.20 for eight hours of work, or about $28 a month. Those incarcerated in for-profit prisons earn as little as 17 cents an hour. Over a similar period, phone and commissary corporations have increased fees and charges often by more than 100 percent. There are nearly 40 states that allow private corporations to exploit prison labor. And prison administrators throughout the country are lobbying corporations that have sweatshops overseas, trying to lure them into the prisons with guarantees of even cheaper labor and a total absence of organizing or coordinated protest.
  • Corporations currently exploiting prison labor include Abbott Laboratories, AT&T, AutoZone, Bank of America, Bayer, Berkshire Hathaway, Cargill, Caterpillar, Chevron, the former Chrysler Group, Costco Wholesale, John Deere, Eddie Bauer, Eli Lilly, ExxonMobil, Fruit of the Loom, GEICO, GlaxoSmithKline, Glaxo Wellcome, Hoffmann-La Roche, International Paper, JanSport, Johnson & Johnson, Kmart, Koch Industries, Mary Kay, McDonald’s, Merck, Microsoft, Motorola, Nintendo, Pfizer, Procter & Gamble, Quaker Oats, Sarah Lee, Sears, Shell, Sprint, Starbucks, State Farm Insurance, United Airlines, UPS, Verizon, Victoria’s Secret, Wal-Mart and Wendy’s.
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  • “Prisoner telephone rates in New Jersey are some of the highest in the country,” Caley said. “Global Tel Link charges prisoners and their families $4.95 for a 15-minute phone call, which is about two and a half times the national average for local inmate calling services.”
  • Prison phone services are a $1.2-billion-a-year industry. Prisoners outside New Jersey are charged by Global Tel Link, which makes about $500 million a year, as much as $17 for a 15-minute phone call. A call of that duration outside a prison would cost about $2. If a customer deposits $25 into a Global Tel Link phone account, he or she must pay an additional service charge of $6.95. And Global Tel Link is only one of several large corporations that exploit prisoners and their families. JPay is a corporation that deals in privatized money transfers to prisoners. It controls money transfers for about 70 percent of the prison population. The company charges families that put money into prisoners’ accounts additional service fees of as much as 45 percent. JPay generates more than $50 million a year in revenue. The Keefer Group, which controls prison commissaries in more than 800 public and private prisons, and which often charges prisoners double what items cost outside prison walls, makes $41 million a year in profit.
  • Prisons, to swell corporate profits, force prisoners to pay for basic items including shoes. Prisoners in New Jersey pay $45 for a pair of basic Reebok shoes—almost twice the average monthly wage. If a prisoner needs an insulated undergarment or an extra blanket to ward off the cold at night he must buy it. Packages from home, once permitted, have been banned to force prisoners to buy grossly overpriced items at the commissary or company-run store. Some states have begun to charge prisoners rent. This gouging is burying many prisoners and their families in crippling debt, debt that prisoners carry when they are released from prison. The United States has 2.3 million people in prison, 25 percent of the world’s prison population, although we are only 5 percent of the world’s population. We have increased our prison population by about 700 percent since 1970. Corporations control about 18 percent of federal prisoners and 6.7 percent of all state prisoners. And corporate prisons account for nearly all newly built prisons. Nearly half of all immigrants detained by the federal government are shipped to corporate-run prisons. And slavery is legal in prisons under the 13th Amendment of the U.S. Constitution. It reads: “Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.”
  • Vast sums are at stake. The for-profit prison industry is worth $70 billion. Corrections Corporation of America (CCA), the largest owner of for-profit prisons and immigration detention facilities in the country, had revenues of $1.7 billion in 2013 and profits of $300 million. CCA holds an average of 81,384 inmates in its facilities on any one day. Aramark Holdings Corp., a Philadelphia-based company that contracts through Aramark Correctional Services to provide food to 600 correctional institutions across the United States, was acquired in 2007 for $8.3 billion by investors that included Goldman Sachs. And, as in the wider society, while members of a tiny, oligarchic corporate elite each are paid tens or even hundreds of millions of dollars annually, the workers who generate these profits live in misery.  “It is an abomination that prisoners are paid 22 cents an hour, $1.20 cents a day,” Larry Hamm told the Newark meeting. “Every prisoner should get the minimum wage of New Jersey, $8.38 per hour.”
  • Paul Merrell on 09 Apr 15
     
    Why pay a liveable wage to American workers if you can get prison labor for less than market prices in Bangla Desh? The prison telephone racket has bothered me for many years. The FCC authorized no-limit telephone charges for prisoners and their families on the simplistic grounds of, "well, they prisoners who have reduced civil rights anyway. But it ignored that most prison phone calls are collect calls to families on the outside, who are not prisoners and still have their full civil rights. The for-profit prison industry is a prime example of not thinking things through before privatizing a formerly government function. Privatization creates a lobby for the industry, as Americans have learned all to well with the privatization of most Dept. of Defense work other than actual combat.   Already, for profit prison industries are showing up in state legislatures to demand longer prison sentences. They were the prime movers behind the "mandatory minimum sentence" movement, which has stuffed prisons to overflowing. 
Paul Merrell

Slashdot (15) - 0 views

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surveillance state NSA call-metadata cloud computing

shared by Paul Merrell on 10 Feb 14 - No Cached
  • "In a review of NSA surveillance last month, President Obama called for a new approach on telephony metadata that will 'establish a mechanism that preserves the capabilities we need without the government holding this bulk metadata.' Obama said that a third party holding all the data in a single, consolidated database would be essentially doing what is a government function, and may not increase public confidence that its privacy is being protected. Now, an RFI (request for information) has been posted to get information on U.S. industry's commercially available capabilities, so that the government can investigate alternative approaches."
  • Research for the Public Utility Law Project (PULP) has been released which details 'how Verizon deliberately moves back and forth between regulatory regimes, classifying its infrastructure either like a heavily regulated telephone network or a deregulated information service depending on its needs. The chicanery has allowed Verizon to raise telephone rates, all the while missing commitments for high-speed internet deployment' (PDF). In short, Verizon pushed for the government to give it common carrier privileges under Title II in order to build out its fiber network with tax-payer money. Result: increased service rates on telephone users to subsidize Verizon's 'infrastructure investment.' When it comes to regulations on Verizon's fiber network, however, Verizon has been pushing the government to classify its services as that of information only — i.e., beyond Title II.
  • Verizon has made about $4.4 billion in additional revenue in New York City alone, 'money that's funneled directly from a Title II service to an array of services that currently lie beyond Title II's reach.' And it's all legal. An attorney at advocacy group Public Knowledge said it best: 'To expect that you can come in and use public infrastructure and funds to build a network and then be free of any regulation is absurd....When Verizon itself is describing these activities as a Title II common carrier, how can the FCC look at broadband internet and continue acting as though it's not a telecommunication network?'"
Paul Merrell

US v. Davis, 754 F. 3d 1205 - Court of Appeals, 11th Circuit 2014 - Google Scholar - 0 views

scholar.google.com/scholar_case

surveillance state litigation 11th-Cir. cell-site-location-data civil liberties 4th Amendment

shared by Paul Merrell on 04 Nov 14 - No Cached
  • 754 F.3d 1205 (2014) UNITED STATES of America, Plaintiff-Appellee, v. Quartavious DAVIS, Defendant-Appellant. No. 12-12928. United States Court of Appeals, Eleventh Circuit. June 11, 2014.
  • The prosecution also offered records obtained from cell phone service providers evidencing that Davis and his co-defendants had placed and received cell phone calls in close proximity to the locations of each of the charged robberies around the 1210*1210 time that the robberies were committed, except for the Mayor's Jewelry store robbery. Davis preserved his objection to the cell phone location evidence and his claim that the government's obtaining such evidence without a warrant issued upon a showing of probable cause violated his rights under the Fourth Amendment.
  • The evidence obtained under the order and presented against Davis in the district court consisted of so-called "cell site location information." That location information 1211*1211 includes a record of calls made by the providers' customer, in this case Davis, and reveals which cell tower carried the call to or from the customer. The cell tower in use will normally be the cell tower closest to the customer. The cell site location information will also reflect the direction of the user from the tower. It is therefore possible to extrapolate the location of the cell phone user at the time and date reflected in the call record.
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  • Davis's Fourth Amendment argument raises issues of first impression in this circuit, and not definitively decided elsewhere in the country. The evidence at issue consists of records obtained from cell phone service providers pursuant to the Stored Communications Act ("SCA"), 18 U.S.C. §§ 2703(c) and (d). Under that Act, the government can obtain from providers of electronic communication service records of subscriber services when the government has obtained either a warrant, § 2703(c)(A), or, as occurred in this case, a court order under subsection (d), see § 2703(c)(B). The order under subsection (d) does not require the government to show probable cause.
  • As we suggested above, the question whether cell site location information is protected by the Fourth Amendment guarantees against warrantless searches has never been determined by this court or the Supreme Court. Two circuits have considered the question, but not in the context of the use of the evidence in a criminal proceeding. Also, one of those opinions issued before the Supreme Court's decision in United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012), the most relevant Supreme Court precedent.
  • In short, we hold that cell site location information is within the subscriber's reasonable expectation of privacy. The obtaining of that data without a warrant is a Fourth Amendment violation.
  • Paul Merrell on 04 Nov 14
     
    11th U.S. Circuit Court of Appeals (Southeastern U.S.) holds that section 2703(d) of the Stored Communications Act, which purports to allow the obtaining of a search warrant without a showing of probable cause, violates the 4th Amendment warrant requirement as applied to cell tower "site location information." That should also apply to "fake" cell towers, like the Stingray device (IMSI catcher) used to obtain the same type of information. Likely doubly so because such devices trespass on a radio connection assigned by the FCC between the legitimate cell tower and the user's telephone.
Paul Merrell

US pushing local cops to stay mum on surveillance - Yahoo News - 0 views

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surveillance state location-data public-records-acts litigation stingrays

shared by Paul Merrell on 13 Jun 14 - No Cached
  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned. Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment. Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message. But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars. Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.
  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them." Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies. A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.
  • ...4 more annotations...
  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests. "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster. "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.
  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations." Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act. The FBI did not answer questions about its role in states' open records proceedings.
  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply. "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project. A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.
  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court. In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.
  • Paul Merrell on 13 Jun 14
     
    The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  
Paul Merrell

Israel wants to "Settle Israeli Sovereignty over Syrian Golan Heights" | nsnbc internat... - 0 views

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war & peace Israel U.S.-foreign-policy Golan-Heights Syria

shared by Paul Merrell on 01 Mar 15 - No Cached
  • Israel’s Foreign Minister, Avigdor Lieberman, has publicly called for “settling the Israeli sovereignty over the Golan Heights within the framework of the Israeli – Palestinian negotiations” adding that “part of this comprehensive bargain has to cover an understanding between Israel, the international community and the USA” and adding that “the Golan is part and parcel with Israel”.
  • The statement prompted a response by the Syrian government to the UN Secretary General and the President of the Security Council. The statement confirms information nsnbc received from a Palestinian intelligence expert in 2011 and 2012, who warned that Israel plans to permanently annex the Golan, parts of southern Lebanon and most of the West Bank, while planning to recognize a Palestinian State in the Gaza Strip plus micro enclaves in the West Bank. The statement also substantiates Christof Lehmann’s warnings about joint Israeli – US plans to that effect, issued in 2011, after the 66th Session of the UN General Assembly. During the 66th Session, US President Obama refused to recognize Palestine as a State, saying that “a solution for Palestine only could be found within the framework of a comprehensive solution for the Middle East“.
  • On Wednesday, the Syrian Foreign and Expatriates Ministry responded by sending two identical letters to the offices of the UN Secretary General and the President of the US Security Council, reports the Syrian news agency SANA. The letters inform the UN Secretary General and the UNSC President, that Lieberman made the statement on 31 January 2014, while visiting the occupied Syrian Golan. In the letters, the Syrian Foreign Ministry stressed that the Israeli Foreign Minister’s statements embody an insolent approach to the events in Syria and recklessness with regard to relevant UN resolutions, such as UNSC resolution 497 (1981) and others, which call on Israel to end the occupation of the Syrian Golan and all Arab lands which Israel has occupied since 1967. The Syrian government quotes Lieberman as claiming that: ” The dangers to security, linked to our capability to defend the North of the country, require a recognition of Isrel’s sovereignty over the Golan Heights by the international community”. The Syrian Foreign Ministry stressed that Israel is sponsoring terrorism in Syria and that Israel seems as if it mistakenly believes that it can exploit its sponsorship of the terrorist war on Syria to achieve its expansionist ambitions. The Syrian Foreign Ministry also stressed that 47 years have passed since Israel’s occupation of the Syrian Golan Heights and that Israel has defied hundreds of resolutions and calls on ending the occupation and to stop its inhuman racial policies and its killing of civilians in the Israeli occupied territories.
  • ...2 more annotations...
  • The ministry added that Lieberman’s statements indicate an escalation of Israel’s recklessness and disregard for the UN Security Council and the UN General Assembly and stressed, that Israel must not be allowed to escape from compliance with international law, resolutions, and if necessary punishment. Syria requests that the UN Secretary General and the President of the UN Security Council guarantee that Israel respects the UN resolutions, to oblige Israel to end its occupation of the Syrian Golan, and to withdraw from the Golan according to the red line on 4 June 1967. The Foreign Ministry asserted, that the UN continuously deals with the Israeli occupation of the Syrian Golan “on a routine basis without any serious move to enforce the Security Council’s resolutions” and that this nonchalant posture encourages the illegal situation to continue” thus “undermining the credibility of the UN organization”.
  • It is worth reiterating, that Lehmann, already in 2011, warned that US President Obama’s statement pertaining the recognition of Palestine, and his article based on information from a Palestinian intelligence expert explicitly stated, that the US administration of Barak Obama and Israel are complicit in planning Israel’s permanent annexation of the Israeli occupied Syrian Golan Heights, parts of southern Lebanon and some 97 percent of the Palestinian West Bank, while establishing Palestinian small enclaves, dependent on Jordan, in the remaining 3 percent of the West Bank and a recognized Palestinian State in the Gaza Strip.
  • Paul Merrell on 01 Mar 15
     
    The return of the occupied Golan Heights is absolutely required by the U.N. Charter, Geneva Conventions, and numerous U.N. Security Council resolutions.  Israel's purported security concerns do not create a lawful exception. What is really at stake in the Golan Heights and the occupied territories of Palestine is whether the U.N. Charter did in fact put an end to the right of Conquest. 
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