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Paul Merrell

PRISM: Google and Facebook DID allow NSA access to data and were in talks to set up 'sp... - 0 views

  • Mark Zuckerberg and Larry Page both issued blustery statements over recent media reports they gave the National Security Agency officials access to their troves of user informationNow sources say both tech giants were in discussion about specific ways to give U.S. officials access to their data using virtual classified information reading roomsCompanies are all compelled by the Foreign Intelligence Surveillance Act to hand over any information requested under the law, but they're not required to make access easier
  • PRISM data-mining program was launched in 2007 with approval from special federal judgesApple, Facebook, Microsoft, Google, Yahoo, YouTube, Skype, AOL and PalTalk are involved in spying program The UK has had access to the PRISM data since at least 2010Details of data collection were outlined in classified 41-slide PowerPoint presentation that was leaked by intelligence officer 
  • Mark Zuckerberg of Facebook and Larry Page of Google both strongly denied giving unfettered access to user data to U.S. officials, but it turns out both companies have, in fact, cooperated with governments requests.Zuckerberg denied his company's link to secret government data-sharing scheme PRISM on Friday in a blustery posted message that described allegations that Facebook gave 'US or any other government direct access to our servers' as 'outrageous.'Now, sources tell the New York Times that both Facebook and Google discussed plans to create secure portals for the government 'like a digital version of the secure physical rooms that have long existed for classified information' with U.S. officials.
Paul Merrell

FBI says search warrants not needed to use "stingrays" in public places | Ars Technica - 0 views

  • The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts. The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans. According to the letter, which was released last week: For example, we understand that the FBI’s new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
  • The letter was prompted in part by a Wall Street Journal report in November that said the Justice Department was deploying small airplanes equipped with cell-site simulators that enabled "investigators to scoop data from tens of thousands of cellphones in a single flight, collecting their identifying information and general location." The bureau's position on Americans' privacy isn't surprising. The Obama Administration has repeatedly maintained that the public has no privacy in public places. It began making that argument as early as 2010, when it told a federal appeals court that the authorities should be allowed to affix GPS devices on vehicles and track a suspect's every move without court authorization. The Supreme Court, however, eventually ruled that warrants are required. What's more, the administration has argued that placing a webcam with pan-and-zoom capabilities on a utility pole to spy on a suspect at his or her residence was no different from a police officer's observation from the public right-of-way. A federal judge last month disagreed with the government's position, tossing evidence gathered by the webcam that was operated from afar.
  • In their letter, Leahy and Grassley complained that little is known about how stingrays, also known as ISMI catchers, are used by law enforcement agencies. The Harris Corp., a maker of the devices from Florida, includes non-disclosure clauses with buyers. Baltimore authorities cited a non-disclosure agreement to a judge in November as their grounds for refusing to say how they tracked a suspect's mobile phone. They eventually dropped charges rather than disclose their techniques. Further, sometimes the authorities simply lie to judges about their use or undertake other underhanded methods to prevent the public from knowing that the cell-site simulators are being used.
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  • Hanni Fakhoury, an attorney for the Electronic Frontier Foundation, said some states and judges are pushing back against stingrays. "In Tacoma, judges now require police (to) specifically note they plan to use an IMSI catcher and promise not to store data collected from people who are not investigation targets," he said. "The Florida and Massachusetts state supreme courts ruled warrants were necessary for real-time cell phone tracking. Nine states—Colorado, Illinois, Indiana, Maryland, Minnesota, Tennessee, Utah, Virginia, and Wisconsin—passed laws specifically requiring police to use a warrant to track a cell phone in real time."
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    Is there any problem here that couldn't be cured by discharge and public flogging for any government official caught using information derived from a stingray?
Paul Merrell

Bulk Collection Under Section 215 Has Ended… What's Next? | Just Security - 0 views

  • The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”
  • But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.
  • There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.
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  • The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.
  • Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.
Paul Merrell

Exposed: Google's "Smart Home" Surveillance Plans, or, How To Not Be Colonized | TBYP - 0 views

  • Two weeks ago, the New York Times’ truth-humor strip on “The Home of the Future” came on the heels of Google’s purchase of ‘smart thermostat’ manufacturer Nest for $3.2 Billion.  With power utility commissions such as California already stating their intention to “expand third-party access” to in-home data, the perfect storm is brewing for Google’s mission of making you their product – even in your own home. For context, this is the same Google whose executive chairman, Eric Schmidt, told MSNBC: “If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place.”
  • So where does a ‘smart thermostat’ fit in the current corporatist drive for total in-home surveillance? For the last couple of years, utilities around the globe have all been touting their new metering systems with buzzwords such as ‘smart’, ‘advanced’, ‘upgraded’, or ‘modernized’.  All rhetoric aside, these devices are intended to integrate with all appliances in your home to form an inescapable wireless data-mining dragnet, dubbed as the “home area network”, with your HVAC and likely other in-home systems overseen by spy-giant Google, if they get their way. As we’ve seen, even former CIA director David Patraeus was publicly frothing over having the ability to spy through ‘smart’ appliances, intended to wirelessly report back to the meter continuously, while receiving energy-use dictates from the meter. According to a US Congressional Research Report:
  • “With smart meters, police will have access to data that might be used to track residents’ daily lives and routines while in their homes, including their eating, sleeping, and showering habits, what appliances they use and when, and whether they prefer the television to the treadmill, among a host of other details.” Smart grid planners and working groups have even laid these aims out in their internal roadmaps, citing goals such as “new tools for mining data and intel” and “data mining and analytics to become core competency” (see slide 17).
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  • Despite pilot programs indicating no energy savings and mounting opposition now from several hundred activist groups, federal governments such as the US are continuing with their push to incentivize utilities to push forward ‘smart’ grid deployment. Apparently, having a piece of the $11 Billion taxpayer-funded ‘smart’ grid pie, pushed through by the Obama Administration immediately following the 2008 election, is sufficient motivation for utility executives to steamroll forward despite the growing resistance. As an example, PECO, a major utility in Pennsylvania, is slated to receive $200 Million in stimulus funding if they can deploy 600,000 ‘smart’ meters by April 2014. Significantly, anyone can choose to protect their in-home rights by saying no to the deployment of a ‘smart’ meter on their home.  There are no legal requirements in any country or region for an energy customer to accept a ‘smart’ meter.
  • So what can be done to protect rights?  While people cannot vote to prevent corporations from making products such as data-mining thermostats appliances, they do have a voice as utilities try their best to deploy the home-colonizing meters.  Public resistance to ‘smart’ meter deployments has predictably been considerable, as people are learning about not only surveillance capabilities, but also skyrocketing electricity costs, time-of-use billing, risk of fires, home hackability, electrical quality degradation and functional impairments from pulsed microwave radiation — amazingly, all being linked to the new utility metering system.
  • However, utilities are using tactics of intimidation, propaganda, and tacit acceptance – which means that unless you said a clear “no”, they assume a “yes.” In some cases even with a homeowner’s refusal, utilities are forcibly deploying anyway, apparently assuming the liability for doing so, risking litigation. So Google has played their hand with the $3.2 Billion purchase of Nest, desiring to capture the worldwide ‘smart’ home data-mining market, and praying to the all-spying-eye that people will stay tethered to their ‘smart’ wireless toys as their rights roll swiftly towards a cliff.  But will awareness eventually reach a game-changing crescendo?  It seems as though the potential exists. If we want to experience a future other than being ruled by technocrats, now is the time to speak up – even if facing the situation isn’t convenient.  People simply need to know the facts. As stated by former Apple executive Jeffrey Armstrong in our film Take Back Your Power, the question of whether homes will remain free of invasive ‘smart’ metering and appliance technology is “a test case for a technological democracy, if I have ever seen one.” 
Paul Merrell

Lawsuit aims to block U.S. foreign aid to Israel as clandestine nuclear power - Mondoweiss - 0 views

  •       A lawsuit filed Monday in the D.C. federal district court challenges U.S. foreign aid to Israel. 
  • The U.S. is finalizing a ten-year memorandum of understanding which will reportedly boost aid to $4-5 billion per year. Grant F. Smith, Director of the Institute for Research: Middle Eastern Policy (IRmep), in the suit challenges the authority of the president and U.S. federal agencies to deliver such foreign aid to Israel. Such aid violates longstanding bans on aid to non-signatories to the Nuclear Non-proliferation Treaty (NPT) with nuclear weapons programs. Since the bans went into effect, U.S. foreign aid to Israel is estimated to be $234 billion.
  • The lawsuit reveals how in the mid-1970s during investigations into the illegal diversion of weapons-grade uranium from U.S. contractor NUMEC to Israel, Senators Stuart Symington and John Glenn amended the 1961 Foreign Assistance Act to ban any aid to clandestine nuclear powers that were not NPT signatories. Symington clarified the legislative intent of the amendments: “…if you wish to take the dangerous and costly steps necessary to achieve a nuclear weapons option, you cannot expect the United States to help underwrite that effort indirectly or directly.” The Obama administration follows precedents established since the Ford administration by ignoring internal agency and public domain information that should trigger Symington & Glenn cutoffs and waiver provisions governing foreign aid. The administration has gone further in criminalizing the flow of such information from the federal government to the public. In 2012 the Department of Energy under U.S. State Department authority passed a secret gag law called “Guidance on Release of Information relating to the Potential for an Israeli Nuclear Capability.” The gag law and related measures promote a “nuclear ambiguity” policy toward Israel. The primary purpose of the gag law is to unlawfully subvert Symington & Glenn arms export controls, the suit alleges.
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  • IRmep won unprecedented release of a Pentagon report about Israel’s nuclear weapons program through a 2014 lawsuit. A 2015 IRmep lawsuit dislodged CIA files about the NUMEC diversion.
Paul Merrell

Obama concedes NSA bulk collection of phone data may be unnecessary | World news | theg... - 0 views

  • President Barack Obama has conceded that mass collection of private data by the US government may be unnecessary and said there were different ways of “skinning the cat”, which could allow intelligence agencies to keep the country safe without compromising privacy. In an apparent endorsement of a recommendation by a review panel to shift responsibility for the bulk collection of telephone records away from the National Security Agency and on to the phone companies, the president said change was necessary to restore public confidence. “In light of the disclosures, it is clear that whatever benefits the configuration of this particular programme may have, may be outweighed by the concerns that people have on its potential abuse,” Obama told an end-of-year White House press conference. “If it that’s the case, there may be a better way of skinning the cat.”
  • Though insisting he will not make a final decision until January, this is the furthest the president has gone in backing calls to dismantle the programme to collect telephone data, a practice the NSA claims has legal foundation under section 215 of the Patriot Act. This week, a federal judge said the program “very likely” violates the US constitution. “There are ways we can do this potentially that give people greater assurance that there are checks and balances, sufficient oversight and transparency,” Obama added. “Programmes like 215 could be redesigned in ways that give you the same information when you need it without creating these potentials for abuse. That’s exactly what we should be doing: to evaluate things in a very clear specific way and moving forward on changes. And that’s what I intend to do.”
  • The president would not comment on a suggestion last weekend by Richard Ledgett, the NSA official investigating the Snowden leaks, that an amnesty might be appropriate in exchange for the return of the data Snowden took from the agency. Obama said he could not comment specifically because Snowden was “under indictment”, something not previously disclosed. While the Justice Department filed a criminal complaint against Snowden on espionage-related charges in June, there has been no public subsequent indictment, although it is possible one exists under gag order. The Justice Department referred comment on a Snowden indictment to the White House. Caitlin Hayden, the chief spokeswoman for the White House National Security Council, clarified that Obama was referring to the criminal complaint against Snowden. It remains unclear if there is an indictment under seal. 
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  • The president also went further than his review panel in suggesting the US needed to rein in its overseas surveillance activities. “We have got to provide more confidence to the international community. In a virtual world, some of these boundaries don’t matter any more,” he said. “The values that we have got as Americans are ones that we have to be willing to apply beyond our borders, perhaps more systematically than we have done in the past.”
  • Conspicuously, Obama declined to rebut one assessment from his surveillance review group – that the bulk collection of US call data was not essential to stopping a terrorist attack. Instead, he contended that there had been “no abuse” of the bulk phone data collection. But in 2009, a judge on the secret surveillance court prevented the NSA from searching through its databases of US phone information after discovering “daily violations” resulting from NSA searches of Americans’ phone records without reasonable suspicion of connections to terrorism. That data was inaccessible to the NSA for almost all of 2009, before the Fisa court was convinced the NSA had sufficient safeguards in place for preventing similar violations
  • In another indication of the shifting landscape on surveillance, the telecoms giant AT&T announced on Friday that it will begin publishing a semi-annual report about its complicity with government surveillance requests. AT&T followed its competitor Verizon, which announced a similar move on Thursday.
  • The first such report is expected for early 2014, Watts said. While technology firms like Yahoo and Google have pushed for greater transparency about providing their customer data to the government, the telecommunications firms – which have cooperated with the NSA since the agency’s 1952 inception – did not join them before the events of the past week.
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    Movement on the NSA. Obama hints that the NSA's section 215 metadata collection will end, fesses up that Snowden has been criminally indicted, but declines to discuss whether Snowden might be pardoned in exchange for turning over his NSA document collection, notably not ruling it out. And finally, two of the giant telcos, AT&T and Verizon, have announced intent to do semi-annual public reports on their collaboration with government spy agencies. Amazing what a federal court decision can do, particularly when immediately followed by the president's own blue-ribbon panel report, both holding that the section 215 program has resulted in no terrorist attacks being prevented and that the program in unconstitutional. Obama finally reaches his tipping point. A good week for civil libertarians.   
Paul Merrell

Data Shows Little Evidence for FBI's Concerns About Criminals 'Going Dark' | Motherboard - 0 views

  • In the last few months, several government officials, led by the FBI’s Director James Comey, have been complaining that the rise of encryption technologies would lead to a “very dark place” where cops and feds can’t fight and stop criminals. But new numbers released by the US government seem to contradict this doomsday scenario. In 2014, encryption thwarted four wiretaps out of 3,554, according to an annual report published on Wednesday by the US agency that oversees federal courts. The report reveals that state law enforcement agencies encountered encryption in 22 wiretaps last year. Out of those, cops were foiled on only two occasions. As for the feds, they encountered encryption in just three wiretaps, and could not decipher the intercepted communications in two of them.
  • In fact, cops found less encryption last year than in the year prior. In 2013, state authorities encountered encryption in 41 cases, versus 22 in 2014. At the federal level, there were three cases of encryption in 2014, against none in 2013. (The report also refers to five federal wiretaps conducted in “previous years” but only reported in 2014. Of those, the feds were able to crack the communications in four of the five.)
  • So far, the FBI has yet to put forth a valid example where encryption really thwarted an investigation. In fact, some of the examples cited by Comey have been debunked in media reports.
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  • he Wiretap Report contains other interesting information that shed a light on government surveillance practices. Out of the more than 3,554 wiretaps authorized by judges, the vast majority of them (3,409 or 89 percent) were for drug related offenses. Homicide, in turn, was the reason behind only 4 percent of the the wiretaps. And virtually all of them (96%) were for “portable devices,” such as cellphones.Even if the Wiretap Report is just small a peek behind the scenes of government surveillance, it shows that for now, at least when it comes to wiretapping, the FBI’s isn’t really going dark.
Gary Edwards

Cow Economics & Politics - 1 views

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    Update on that classic economic-political use case; "You have two cows". Hard to joke when the stock market has lost over $2 Trill in one week, and neither the government or the Federal Banksters Reserve show any concern.  Obama's golf game, fund raising and vacation schedule will not miss a beat.  Cape Cod calls and Obama is there.  Bernake and the Banksters met today, with a stock market begging for him to print up some more free fuel.  Bernake decides to stick with the plan and go with the collapse of the USA and the Dollar as scheduled. GOLD today is over $1780 /oz.  It's value in dollars has risen over $120 /oz since the raising of the debt limit to near $17 Trillion. The stock market melted down yesterday, crashing through key support barriers … shattering the confidence of millions of individual investors … and prompting most - who had been trying to turn a blind eye to the carnage - to start heading for the hills. Yesterday, Aug 9 2011 was the worst trading day since December of 2008. Just since the market began falling on July 26th, more than $7.8 trillion in equity has now been erased! Even though the Banksters are flush with $16.1 Trill in Federal Bankster Reserve coupons (GAO Audit of 2009-2010 Bankster books), the market can't seem to sort things out. And Banks stocks got hit hardest of all in yesterdays crash: US Bancorp and Wells Fargo were both down 9%. Huntington Bancshares and JP Morgan Chase declined 8.5% and 9.4% respectively. Fifth Third Bankcorp fell 11.4% and Capital One fell 12.08%. Regions Bank dropped 13.5% and SunTrust lost 13.9% of its value. Saw a National Media special on S&P last night.  These clowns gave Enron, Worldcom, Lehman Brothers, Ireland, Greece and Iceland their highest ratings right up until the eve of their collapse.  And then there's those trillions in garbage mortgage securities and derivatives rated triple A right through the collapse of the World economy
Gary Edwards

Fiat Empire: Why the Federal Reserve Violates the US Constitution - 1 views

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    This was one of the viral videos that helped launch the RON PAUL REVOLUTION. Since its release in 2006, several more films have been produced. These films are ORIGINAL INTENT, CULTURAL MARXISM and CORPORATE FASCISM. All are available on the Net for free or you can get higher quality DVDs c/o MOVIE PUBS at http://www.MoviePubs.net .  Absolute MUST SEE!  Very well done.
Gary Edwards

Jobs Depend on Obamacare Defeat | Cato Institute - 0 views

  • The Affordable Care Act authorizes the disputed “employer mandate” penalties and the health insurance subsidies that trigger them, only through insurance exchanges that are “established by the State.” Due to public opposition to Obamacare, at least 34 states, including Virginia, Utah and Indiana, failed to establish exchanges. Those states are being served — if that’s the word — by HealthCare.Gov, an exchange established by the federal government, which is clearly not a “State.” Ignoring the clear and unambiguous language of the statute, the IRS somehow decided to deploy the disputed taxes and spending in HealthCare.Gov states. Two lower courts found that Obamacare itself “unambiguously forecloses” the IRS’ “invalid” misinterpretation of the law. The plaintiffs in King v. Burwell represent Kevin Pace and tens of millions of other Americans who are injured by this breathtaking power grab.
  • If the King plaintiffs prevail before the Supreme Court, it will mean more jobs, more hours and higher incomes for millions of Americans — particularly part-time and minimum-wage workers. Employers will have more flexibility to structure their health benefits. States will be able to attract new businesses by shielding employers from Obamacare’s employer mandate. Critics complain such a ruling would eliminate subsidies in HealthCare.gov states, making the cost of Obamacare coverage transparent to enrollees. But those enrollees will be able to switch to lower-cost “catastrophic” plans — if the Obama administration allows it. To date, the administration has adamantly refused to say whether it would take even this small step to help affected HealthCare.gov enrollees.
  • More important, transparency is a good thing. If enrollees don’t want to pay the full cost of Obamacare coverage, that tells us something very important about Obamacare. It means nobody likes the way Obamacare actually works. Forcing the IRS to implement the law as written will thus create an opportunity for real health care reforms that actually reduce the cost of care. Reining in the IRS would affirm the rule of law, and lead to real health care reform. We should all hope for such an outcome.
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    "By Michael F. Cannon This article appeared on USA Today on March 4, 2015. As if Obamacare weren't problematic enough, two federal courts have found that the IRS unlawfully expanded the health care law's individual and employer mandates, by imposing them on tens of millions of Americans whom Congress exempted. On Wednesday, the Supreme Court will hear King v. Burwell, a case challenging that illegal and ongoing attempt to expand Obamacare outside the legislative process. The victims of this illegal Obamacare expansion include Kevin Pace, a jazz musician and adjunct professor of music in Northern Virginia. Anticipating the Obamacare mandate that employers cover all workers who put in at least 30 hours a week, Pace's employer was forced to cut hours for part-time professors like him in order to avoid massive penalties. In 2013, The Washington Post reported that Pace was left with "an $8,000 pay cut." "Thousands of other workers in Virginia" also had their hours cut. Even though the Obama administration has delayed the employer mandate, many employers have left the cuts in place for when the rules are enforced. " King v. Burwell is about more than IRS rules; it could kill the employer mandate, too." This unlawful expansion of Obamacare's employer mandate is causing workers across the country to lose more income with every passing day. It forced Utah's Granite School District to cut hours for 1,200 part-timers. According to the state of Indiana, which filed a similar legal challenge, this IRS power grab pushed "many Indiana public school corporations (to) reduc(e) the working hours of instructional aides, substitute teachers, non-certified employees, cafeteria staff, bus drivers, coaches and leaders of extracurricular activities." Employers and consumers are also suffering. Pace's employer, for example, has less flexibility to structure its health benefits and less ability to offer attractive educational options to its stude
Paul Merrell

Stanford Researchers: It Is Trivially Easy to Match Metadata to Real People - Rebecca J... - 0 views

  • In defending the NSA's telephony metadata collection efforts, government officials have repeatedly resorted to one seemingly significant detail: This is just metadata—numbers dialed, lengths of calls. "There are no names, there’s no content in that database," President Barack Obama told Charlie Rose in June. No names; just metadata. New research from Stanford demonstrates the silliness of that distinction. Armed with very sparse metadata, Jonathan Mayer and Patrick Mutchler found it easy—trivially so—to figure out the identity of a caller. <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drebecca-j-rosen%26title%3Dstanford-researchers-it-is-trivially-easy-to-match-metadata-to-real-people%26pos%3Din-article&sz=300x185&c=387748957&tile=3" title=""><img src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drebecca-j-rosen%26title%3Dstanford-researchers-it-is-trivially-easy-to-match-metadata-to-real-people%26pos%3Din-article&sz=300x185&c=387748957&tile=3" alt="" /></a></div> Mayer and Mutchler are running an experiment which works with volunteers who agree to use an Android app, MetaPhone, that allows the researchers access to their metadata. Now, using that data, Mayer and Mutchler say that it was hardly any trouble at all to figure out who the phone numbers belonged to, and they did it in just a few hours.
  • They write: We randomly sampled 5,000 numbers from our crowdsourced MetaPhone dataset and queried the Yelp, Google Places, and Facebook directories. With little marginal effort and just those three sources—all free and public—we matched 1,356 (27.1%) of the numbers. Specifically, there were 378 hits (7.6%) on Yelp, 684 (13.7%) on Google Places, and 618 (12.3%) on Facebook. What about if an organization were willing to put in some manpower? To conservatively approximate human analysis, we randomly sampled 100 numbers from our dataset, then ran Google searches on each. In under an hour, we were able to associate an individual or a business with 60 of the 100 numbers. When we added in our three initial sources, we were up to 73. How about if money were no object? We don’t have the budget or credentials to access a premium data aggregator, so we ran our 100 numbers with Intelius, a cheap consumer-oriented service. 74 matched.1 Between Intelius, Google search, and our three initial sources, we associated a name with 91 of the 100 numbers.
  • Their results weren't perfect (and they note that the Intelius data was particularly spotty), but they didn't even try all that hard. "If a few academic researchers can get this far this quickly, it’s difficult to believe the NSA would have any trouble identifying the overwhelming majority of American phone numbers," they conclude. It's also difficult to believe they wouldn't try. As federal district judge Richard Leon wrote in his decision last week, "There is also nothing stopping the Government from skipping the [National Security Letter] step altogether and using public databases or any of its other vast resources to match phone numbers with subscribers."
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    Another Obama/NSA lie exposed. 
Paul Merrell

United States v. Curtiss-Wright Export Corp., 299 US 304 - Supreme Court 1936 - Google ... - 0 views

  • Not only, as we have shown, is the federal power over external affairs in origin and essential character different from that over internal affairs, but participation in the exercise of the power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it. As Marshall said in his great argument of March 7, 1800, in the House of Representatives, "The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations." Annals, 6th Cong., col. 613. The Senate Committee on Foreign Relations at a very early day in our history (February 15, 1816), reported to the Senate, among other things, as follows: "The President is the constitutional representative of the United States with regard to foreign nations. He manages our concerns with foreign nations and must necessarily be most competent to determine when, how, and upon what subjects negotiation may be urged with the greatest prospect of success. For his conduct he is responsible to the Constitution. The committee consider this responsibility the surest pledge for the faithful discharge of his duty. They think the interference of the Senate in the direction of foreign negotiations calculated to diminish that responsibility and thereby to impair the best security for the national safety. The nature of transactions with foreign nations, moreover, requires caution and unity of design, and their success frequently depends on secrecy and dispatch." U.S. Senate, Reports, Committee on Foreign Relations, vol. 8, p. 24.
  • It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an 320*320 exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations — a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution. It is quite apparent that if, in the maintenance of our international relations, embarrassment — perhaps serious embarrassment — is to be avoided and success for our aims achieved, congressional legislation which is to be made effective through negotiation and inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved.
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    It turns out there are legal problems with Speaker Boehner's invitation for Israeli Prime Minister Netanyahu to address a joint session of Congress in order to undermine the Administration's negotiations with Iran over its nuclear energy development. In addition to the quoted Supreme Court decision see 18 U.S. Code § 953,  http://www.law.cornell.edu/uscode/text/18/953 "Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both." "This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects."
Paul Merrell

Losing public opinion on BDS, activists turn to 'lawfare' - 0 views

  •      Champions of proposed Senate Bill SB1761, which passed both houses of the Illinois General Assembly May 18th, say it’s designed to fight anti-Semitic activism and protects Israel from the existential threat posed by the Boycott, Divestment, & Sanctions movement (BDS). Opponents of the bill say it places the economic welfare of Israel before U.S. interests, tacitly endorses the full annexation of the West Bank into Israel, and violates our country’s First Amendment rights. The bill’s opponents are right. But a potential threat of this legislation, edging closer to the criminalization of advocating for Palestinian rights and against occupation, threatens our core First Amendment rights and has been relatively absent from the discourse surrounding this bill.
  • And that’s not just here in the United States. Israeli lawmakers sought to criminalize public support of boycotts against Israel back in 2010 through their “Law for Prevention of Damage to the State of Israel through Boycott.” When I spoke with a staffer for Illinois State Rep. Sara Feigenholtz, one of the bill’s primary sponsors, inquiring if SB1761 was modeled after the 1977 amendments to the Export Administration Act (regarding the Arab League boycott of Israel), I was informed “These ‘antiboycott’ laws are the 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA). I hope this helps.…SB1761 falls in line with these federal laws”
  • Referencing EAA is another indication of the move toward weakening our First Amendment rights, as that amendment was meant to criminalize people who adhered to the Arab League’s boycott of Israel. Melissa Redmiles writes of the 70’s legislation in International Boycott Reports, 2003 and 2004 (pdf), from the IRS.gov website: “Those U.S persons who agree to participate in such boycotts are subject to criminal and civil penalties.” SB1761 seems to be the latest manifestation of a trend toward enacting a kind of trickle-down suppression. From the Center For Constitutional Rights website for Palestine Solidarity Legal Support: “These bills must be opposed in order to protect the right to engage in boycotts that reflect collective action to address a human rights issue, which the US Supreme Court has declared is protected speech… These bills would make it state policy to discourage support of human rights boycotts against Israel… and have the potential to stifle expressions of political beliefs…”
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  • SB1761 requires all five public retirement benefits systems of the Illinois Pension Code to divest “all direct holdings” from any company which engages in boycotting Israel. This is designed to financially punish companies which participate in BDS; presumably European companies. But it will also burden an already severely crippled,“worst in nation”, Illinois pension system. Illinois Governor Bruce Rauner was quoted by Jewish United Fund News (JUF) earlier this month as saying, “I made a pledge that Illinois would become the first state in America to divest its public pension funds from any company in the world that boycotts Israel.” Rauner includes U.S. companies in his threat of divestment when he says “any company in the world.”
  • Relatedly from SB1761 itself: “It is not the intent [of this bill]… to cause divestiture from any company based in the United States of America.” Not intended? This soft language clearly leaves the door open to require Illinois public retirement systems’ divestiture from U.S. companies that participate in BDS. So, while politicians endorsing this bill can point to this statement of “intent” as some kind of safeguard for American companies, this same sentence simultaneously functions as a veiled threat to those companies.
  • SB1761 characterizes the motivations of the BDS movement as “intending to penalize… Israel.” Similarly, JUF News this month quoted JUF President Steven B. Nasatir saying, “At the core of the BDS movement is a quest to delegitimize Israel as a Jewish state.” That’s like stating that the intent of the Civil Rights Montgomery bus boycott was to “penalize white people.
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    As though ACLU didn't already have enough lawsuits going. But this takes the cake. Although anti-BDS legislation has been introduced several times in Congress but never got off the ground because of the First Amendment barrier. Similar measures pending in Europe too.  The good news here is that Israel's right-wing government is getting desperate. The BDS movement is mushrooming globally and routinely is achieving success in convincing companies (and recording artists, etc.) to pull out of Israel. More so in Europe, but BDS is off to a great start in the U.S. Kerry warned Netanyahu before the latter blew up the last round of negotations with the Palestinians that BDS would soon make it politically impossible for the U.S. to continue providing cover for Israel on the U.N. Security Council. There's a big shift of public opinion in the U.S. about Israel's abuse of Palestinians well under way. It won't be long before introducing Israel Lobby measures in Congress will stop happening. 
Paul Merrell

ICREACH: How the NSA Built Its Own Secret Google -The Intercept - 0 views

  • The National Security Agency is secretly providing data to nearly two dozen U.S. government agencies with a “Google-like” search engine built to share more than 850 billion records about phone calls, emails, cellphone locations, and internet chats, according to classified documents obtained by The Intercept. The documents provide the first definitive evidence that the NSA has for years made massive amounts of surveillance data directly accessible to domestic law enforcement agencies. Planning documents for ICREACH, as the search engine is called, cite the Federal Bureau of Investigation and the Drug Enforcement Administration as key participants. ICREACH contains information on the private communications of foreigners and, it appears, millions of records on American citizens who have not been accused of any wrongdoing. Details about its existence are contained in the archive of materials provided to The Intercept by NSA whistleblower Edward Snowden. Earlier revelations sourced to the Snowden documents have exposed a multitude of NSA programs for collecting large volumes of communications. The NSA has acknowledged that it shares some of its collected data with domestic agencies like the FBI, but details about the method and scope of its sharing have remained shrouded in secrecy.
  • ICREACH has been accessible to more than 1,000 analysts at 23 U.S. government agencies that perform intelligence work, according to a 2010 memo. A planning document from 2007 lists the DEA, FBI, Central Intelligence Agency, and the Defense Intelligence Agency as core members. Information shared through ICREACH can be used to track people’s movements, map out their networks of associates, help predict future actions, and potentially reveal religious affiliations or political beliefs. The creation of ICREACH represented a landmark moment in the history of classified U.S. government surveillance, according to the NSA documents.
  • Documents published with this article: CIA Colleagues Enthusiastically Welcome NSA Training Sharing Communications Metadata Across the U.S. Intelligence Community CRISSCROSS/PROTON Point Paper Decision Memorandum for the DNI on ICREACH Metadata Sharing Memorandum Sharing SIGINT metadata on ICREACH Metadata Policy Conference ICREACH Wholesale Sharing Black Budget Extracts
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     The most important Snowden disclosure yet. It's a long, detailed article, but it's a must read. I couldn't highlight any more without highlighting the entire article. Read the whole thing soon or you're going to be late for the mob with pitchforks.  This is beyond outrageous. The integrity of our entire system of government is now at issue. 
Gary Edwards

Bankster Monopoly Men (Federal Reserve Fraud) (1999) - 0 views

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    History of Banksters.  How the Rothschilds and Rockefellers control the world using War and Financial Crisis.
Gary Edwards

Tea Party Community Organizers? - 2 views

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    Tea Party Precinct Workers Needed: http://goo.gl/8u9wAI Republican Community Organizers? Or are they really libertarian infiltrators posturing as repubicans :) Interesting discussion at The Tea Party.org. Here is my comment concerning "fragmentation" and third party participation. And yes, I have registered to become a precinct worker on behalf of the Republican Party Libertarian Caucus movement. I've also listed myself in a number of local County Sheriff activities. It's getting real that matters :) ................... Fragmentation is an issue. Which is exactly why the core set of principles must be very limited. IMHO, restoring the founding documents and principles; the American Republic, the Constitution and the principles so famously described in the Declaration of Independence are the single point of agreement that defines "America". The founding documents created a Republic based on "individual liberty". So it would seem that the concept and value of "individual liberty" would be the single "lowest common denominator" that all Americans can rally around. Stray from the Constitution and Declaration, and you will have arguments that divide and defeat. Stay on point, arguing the value and importance of "individual liberty" and it becomes very hard to wander from the importance of limiting government, and protecting individual rights to privacy, property and prosperity. I've been very successful at arguing that a socialist can not honestly take the oath of office, oath of citizenship, or pledge of allegiance. The socialist believes that the rights and liberty of the individual is subordinate to the needs of society. For the socialist, there is no such thing as individual liberty or inalienable rights. They are un-Constitutional and un-American to the core of their being. For the libertarian, an ordered society based on limited government and the Rule of Law, is the best guarantor of effective and meaningful "individual liberty". The ess
Paul Merrell

Edward Snowden, a year on: reformers frustrated as NSA preserves its power | World news... - 1 views

  • For two weeks in May, it looked as though privacy advocates had scored a tenuous victory against the widespread surveillance practices exposed by Edward Snowden a year ago. Then came a resurgent intelligence community, armed with pens, and dry, legislative language.During several protracted sessions in secure rooms in the Capitol, intelligence veterans, often backed by the congressional leadership, sparred with House aides to abridge privacy and transparency provisions contained in the first bill rolling back National Security Agency spying powers in more than three decades. The revisions took place in secret after two congressional committees had passed the bill. The NSA and its allies took creative advantage of a twilight legislative period permitting technical or cosmetic language changes.The episode shows the lengths to which the architects and advocates of bulk surveillance have gone to preserve their authorities in the time since the Guardian, 12 months ago today, began disclosing the scope of NSA data collection. That resistance to change, aided by the power and trust enjoyed by the NSA on Capitol Hill, helps explain why most NSA powers remain intact a year after the largest leak in the agency's histo
  • But exactly one year on, the NSA’s greatest wound so far has been its PR difficulties. The agency, under public pressure, has divested itself of exactly one activity, the bulk collection of US phone data. Yet while the NSA will not itself continue to gather the data directly, the major post-Snowden legislative fix grants the agency wide berth in accessing and searching large volumes of phone records, and even wider latitude in collecting other kinds of data.There are no other mandated reforms.
  • Some NSA critics look to the courts for a fuller tally of their victories in the wake of the Snowden disclosures. Judges have begun to permit defendants to see evidence gathered against them that had its origins in NSA email or call intercepts, which could disrupt prosecutions or invalidate convictions. At least one such defendant, in Colorado, is seeking the exclusion of such evidence, arguing that its use in court is illegal.Still other cases challenging the surveillance efforts have gotten beyond the government’s longtime insistence that accusers cannot prove they were spied upon, as the Snowden trove demonstrated a dragnet that presumptively touched every American’s phone records. This week, an Idaho federal judge implored the supreme court to settle the question of the bulk surveillance's constitutionality."The litigation now is about the merits. It’s about the lawfulness of the surveillance program," said Jameel Jaffer, the ACLU’s deputy legal director.
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  • The Freedom Act ultimately sped to passage in the House on May 22 by a bipartisan 303-121 vote. NSA advocates who had blasted its earlier version as hazardous to national security dropped their objections – largely because they had no more reason.Accordingly, the compromise language caused civil libertarians and technology groups not just to abandon the Freedom Act that they had long championed, but to question whether it actually banned bulk data collection. The government could acquire call-records data up to two degrees of separation from any "reasonable articulable suspicion" of wrongdoing, potentially representing hundreds or thousands of people on a single judicial order." That was not all.
  • "As the bill stands today, it could still permit the collection of email records from everyone who uses a particular email service," warned a Google legislative action alert after the bill passed the House. In a recent statement, cloud-storage firm Tresorit lamented that "there still has been no real progress in achieving truly effective security for consumer and corporate information."No one familiar with the negotiations alleges the NSA or its allies broke the law by amending the bill during the technical-fix period. But it is unusual for substantive changes to be introduced secretly after a bill has cleared committee and before its open debate by the full Senate or House."It is not out of order, but major changes in substance are rare, and appropriately so," said Norman Ornstein, an expert on congressional procedure at the American Enterprise Institute.Steve Aftergood, an intelligence policy analyst at the Federation of American Scientists, said the rewrites to the bill were an "invitation to cynicism."
  • "There does seem to be a sort of gamesmanship to it. Why go through all the troubling of crafting legislation, enlisting support and co-sponsorship, and adopting compromises if the bill is just going to be rewritten behind closed doors anyway?" Aftergood said.
  • Civil libertarians and activists now hope to strengthen the bill in the Senate. Its chief sponsor, Patrick Leahy of Vermont, vowed to take it up this month, and to push for "meaningful reforms" he said he was "disappointed" the House excluded. Obama administration officials will testify in the Senate intelligence committee about the bill on Thursday afternoon, the first anniversary of the Guardian's disclosure of bulk domestic phone records collection. That same day, Reddit, Imgur and other large websites will stage an online "Reset The Net" protest of NSA bulk surveillance.But the way the bill "morphed behind the scenes," as Lofgren put it, points to the obstacles such efforts face. It also points to a continuing opportunity for the NSA to say that Congress has actually blessed widespread data collection – a claim made after the Snowden leaks, despite most members of Congress and the public not knowing that NSA and the Fisa court secretly reinterpreted the Patriot Act in order to collect all US phone records.
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    Good Guardian article on how the American Freedom Act as reported out of House committees was gutted in secret meetings between key representatives and NSA (and other Executive Branch) officials. The House of Representatives kisses the feet of Dark Government. 
Gary Edwards

Judge Rules: Obama Social Security Card Fraud May Finally Get Answers | - 1 views

  • The reason for the judge’s amendment seems to be a procedural one. Taitz filed suit with the court prior to receiving word back from her Freedom of Information Act request, which she did receive on July 29, 2013 from Dawn S. Wiggins, a Fredom of Information Officer. Wiggins replied to Taitz: I have enclosed a copy of the SS-5s for Mr. Tsarnaev and Ms. Dunham. . . . We were unable to find any information for Mr. Bounel based on the information you provided to us. Mr. Bounel may not have applied for a Social Security number (SSN) or may have given different information on the application for a number.
  • The controversy over Barack Hussein Obama and his past, along with fraudulent documents continues to make headlines. Yet, the items needed to actually verify who Obama is continue to be kept from the public eye. Well, that all may be about to change. Attorney Orly Taitz may have just found a chink in the federal government’s armor in protecting Barack Obama from scrutiny, following a judge’s ruling over her Freedom of Information Act request from the Social Security Administration. Taitz has claimed that Obama uses the Social Security number of Harry Bounel and has submitted several Freedom of Information Act requests for the information from the Social Security Administration. Each time, she has been met with stonewalling by the Social Security Administration. However, Judge Ellen Lipton Hollander has ruled to give Taitz “an opportunity to file a second amended complaint and add allegations of SSA not doing a proper search and withholding records.”
  • Additionally, there is an increased tampering with the web site of Orly Taitz and with her ability to send mass -emails. It seems her private server is somehow affected and Taitz is unable to send mass e-mails on two different programs.
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  • From Taitz’s Press Release: Judge Hollander in Maryland gives Attorney Orly Taitz 21 days to file a second amended complaint and add allegations in regards to an improper withholding by the Social Security Administration of records of Harry Bounel, whose Social security number is being illegally used by Barack Obama. When Taitz filed the complaint, SSA did not respond at all. After the law suit was filed, SSA responded by fraudulently claiming that the records were not found. Taitz responded that this is a fraudulent assertion, since the records were found before and denied to another petitioner due to privacy concerns, however Social Security has no right to claim privacy as according to their own 120 year rule they have a duty to release the records. The judge stated that the plaintiff Taitz might be correct, however at this time she cannot rule in her favor as her original complaint was filed before SSA responded, so the judge gave Taitz an opportunity to refile a second amended complaint and add new allegations, stating the SSA responded but improperly hidden the records . This is a great development. This all but assures that the judge will order the SSA to release the SS-5, Social Security application of resident of CT, Harrison (Harry) Bounel, whose CT SSN 042-68-4425 was stolen by Obama and used in Obama’s 2009 tax returns, which initially were posted on WhiteHouse.gov without proper redaction, without flattening of the file. Taitz will be very careful not to be Breitbarted or Fuddied in the next 21 days.
  • It’s interesting that Taitz points out that she will be “careful not to be Breitbarted or Fuddied,” indicating that she believes that both Andrew Breitbart and Andrew Breitbart and Loretta Fuddy were targeted by Obama for assassination.” Breitbart died on the very day that he said he would begin vetting Obama for the 2012 elections, which raised suspicions. Fuddy, best remembered as being instrumental in issuing the Hawaii long-form birth certificate, was the only person to die aboard a small plane that crashed off the coast of Hawaii last week. Already, there are questions surrounding the narrative of her death.
  • Taitz alleged that Mr. Bounel was born in 1890, and therefore, under the “’120 Year Rule’ implemented by the SSA in 2010,” pertaining to “‘extremely aged individuals,’” Bounel’s “Social Security applications have to be released under FOIA without proof of [his] death . . . .”
  • It appears that once the amendment is submitted, this may force the Social Security Administration to explain exactly what is going on with Barack Obama’s Social Security number. We should know something about the case by the second week in January 2014.
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    @ One passage in the article: "It appears that once the amendment is submitted, this may force the Social Security Administration to explain exactly what is going on with Barack Obama's Social Security number." That's far too optimistic, probably reflecting a lack of understanding of Freedom of Information Act and the processing of a FOIA complaint in federal court. I read the judge's opinion. After the amended complaint is filed, the government gets another shot at summary judgment, submitting a new affidavit about the scope of the search that meets the judge's criticism. (The judge did not rule that the search was inadequate, merely that it was inadequately described and might have been inadequate.) That shifts the burden to the plaintiff to prove that the search was inadequate. If she meets that burden, which isn't easy, the government has to do a new search, file a new motion for summary judgment with a new affidavit, rinse, lather, and repeat. So long as someone is willing to sign an affidavit describing the search and stating that nothing was found, the plaintiff will eventually be unable to prove that the search was inadequate and will lose the case. On the other hand, a new search may find the requested record and result in disclosure. But I'm not confident that this case will go very far. From the description of the complaint that the judge ruled on, it was fatally defective anyway, suggesting that the plaintiff doesn't know much about FOIA litigation. The complaint sought an order that the government be required to respond to her FOIA request letter. But once a FOIA request goes unanswered for 20 business days, the request is deemed denied and the plaintiff can file suit to compel disclosure of the records. The FOIA does not provide for lawsuits to compel the agency to answer a FOIA request. So the plaintiff apparenttly obviously does not understand the FOIA, probably making her easy pickings for an Assistant U.S. District Attorney whose specialty
Paul Merrell

Goodbye Middle Class: 51 Percent Of All American Workers Make Less Than 30,000 Dollars ... - 0 views

  • We just got more evidence that the middle class in America is dying.  According to brand new numbers that were just released by the Social Security Administration, 51 percent of all workers in the United States make less than $30,000 a year.  Let that number sink in for a moment.  You can’t support a middle class family in America today on just $2,500 a month – especially after taxes are taken out.  And yet more than half of all workers in this country make less than that each month.  In order to have a thriving middle class, you have got to have an economy that produces lots of middle class jobs, and that simply is not happening in America today. You can find the report that the Social Security Administration just released right here.  The following are some of the numbers that really stood out for me… -38 percent of all American workers made less than $20,000 last year. -51 percent of all American workers made less than $30,000 last year. -62 percent of all American workers made less than $40,000 last year. -71 percent of all American workers made less than $50,000 last year.
  • That first number is truly staggering.  The federal poverty level for a family of five is $28,410, and yet almost 40 percent of all American workers do not even bring in $20,000 a year. If you worked a full-time job at $10 an hour all year long with two weeks off, you would make approximately $20,000.  This should tell you something about the quality of the jobs that our economy is producing at this point. And of course the numbers above are only for those that are actually working.  As I discussed just recently, there are 7.9 million working age Americans that are “officially unemployed” right now and another 94.7 million working age Americans that are considered to be “not in the labor force”.  When you add those two numbers together, you get a grand total of 102.6 million working age Americans that do not have a job right now.
  • So many people that I know are barely scraping by right now.  Many families have to fight tooth and nail just to make it from month to month, and there are lots of Americans that find themselves sinking deeper and deeper into debt. If you can believe it, about a quarter of the country actually has a negative net worth right now. What that means is that if you have no debt and you also have ten dollars in your pocket that gives you a greater net worth than about 25 percent of the entire country.
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  • As a nation we are flat broke and most of us are living paycheck to paycheck.  It has been estimated that it takes approximately $50,000 a year to support a middle class lifestyle for a family of four in the U.S. today, and so the fact that 71 percent of all workers make less than that amount shows how difficult it is for families that try to get by with just a single breadwinner. Needless to say, a tremendous squeeze has been put on the middle class.  In many families, both the husband and the wife are working as hard as they can, but it is still not enough.  With each passing day, more Americans are losing their spots in the middle class and this has pushed government dependence to an all-time high.  According to the U.S. Census Bureau, 49 percent of all Americans now live in a home that receives money from the government each month. Sadly, the trends that are destroying the middle class in America just continue to accelerate.
  • With a huge assist from the Republican leadership in Congress, Barack Obama recently completed negotiations on the Trans-Pacific Partnership.  Also known as Obamatrade, this insidious new treaty is going to cover nations that collectively account for 40 percent of global GDP.  Just like NAFTA, this treaty will result in the loss of thousands of businesses and millions of good paying American jobs.  Let us hope and pray that Congress somehow votes it down. Another thing that is working against the middle class is the fact that technology is increasingly taking over our jobs.  With each passing year, it becomes cheaper and more efficient to have computers, robots and machines do things that humans once did. Eventually, there will be very few things that humans will be able to do more cheaply and more efficiently than computers, robots and machines.  How will most of us make a living when that happens?…
  • For decades, we have been training our young people to have the goal of “getting a job” once they get out into the real world.  But in America today there are not nearly enough good jobs to go around, and this crisis is only going to accelerate as we move into the future. I do not believe that it is wise to pin your future on a corporation that could replace you with a foreign worker or a machine the moment that it becomes expedient to do so.  We need to start thinking differently, because the paradigms that worked in the past are fundamentally breaking down.
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    From a website with the same title as this Diigo group.
Paul Merrell

The Stunning Hypocrisy of the U.S. Government | Washington's Blog - 0 views

  • Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. is hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles. If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies, the failed war on drugs, and other wasted and counter-productive expenses, we wouldn’t need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn’t be nationalized, because that would be socialism. Instead of temporarily nationalizing them and then spinning them off to the private sector – or breaking them up – the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy. But every single one of these bills actually bails out the banks … and doesn’t really help the homeowner.
  • The Federal Reserve promises to do everything possible to reduce unemployment. But its policies are actually destroying jobs. Many D.C. politicians pay lip service to helping the little guy … while pushing policies which have driven inequality to levels surpassing slave-owning societies. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama’s hypocrisy in slamming Bush’s spying programs … and then expanding them (millions more). And in slamming China’s cyber-warfare … while doing the same thing. And – while the Obama administration is spying on everyone in the country – it is at the same time the most secretive administration ever (background). That’s despite Obama saying he’s running the most transparent administration ever.
  • Glenn Greenwald – the Guardian reporter who broke the NSA spying revelations – has documented for many years the hypocritical use of leaks by the government to make itself look good … while throwing the book at anyone who leaks information embarrassing to the government. Greenwald notes today: Prior to Barack Obama’s inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That’s because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now seven such prosecutions: more than double the number under all prior US presidents combined.
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  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”. It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
  • Similarly, journalists who act as mere stenographers for the government who never criticize in more than a superficial fashion are protected and rewarded … but reporters who actually report on government misdeeds are prosecuted and harassed. Further, the biggest terrorism fearmongers themselves actually support terrorism. And see this. In the name of fighting terrorism, the U.S. has been directly supporting Al Qaeda and other terrorists and providing them arms, money and logistical support in Syria, Libya, Mali, Bosnia, Chechnya, Iran, and many other countries … both before and after 9/11. And see this. The American government has long labeled foreigners as terrorists for doing what America does. Moreover, government officials may brand Americans as potential terrorists if they peacefully protest, complain about the taste of their water, or do any number of other normal, all-American things.
  • This is especially hypocritical given that liberals like Noam Chomsky and conservatives like the director of the National Security Agency under Ronald Reagan (Lt. General William Odom) all say that the American government is the world’s largest purveyor of terrorism. As General Odom noted: Because the United States itself has a long record of supporting terrorists and using terrorist tactics, the slogans of today’s war on terrorism merely makes the United States look hypocritical to the rest of the world. These are just a couple of ways in which the D.C. politicians are hypocrites.
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