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Paul Merrell

2014: Seize the Moment | Sen. Bernie Sanders - 0 views

  • Sen. Bernie Sanders Independent U.S. Senator from Vermont
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    Watch for a rise in publicity efforts from Bernie Sanders. A "feeler" questionnaire has been circulating in Progressive circles seeking feedback on whether Sanders should run for President in 2016, and if so whether he should run as a Democrat or an Independent. I'd like to see him run as a Democrat in the primaries and as an Independent in the main election if Hillary gets the Democratic nod. Sanders is easily the strongest civil libertarian in the Senate and strongly anti-war. And he just might cost Hillary the election.
Paul Merrell

NSA goes on 60 Minutes: the definitive facts behind CBS's flawed report | World news | ... - 0 views

  • But mixed in among the dramatic footage of Alexander receiving threat briefings and junior analysts solving Rubik’s cubes in 90 seconds were a number of dubious claims: from the extent of surveillance to collecting on Google and Yahoo data centers to an online “kill-switch” for the global financial system developed by China. Reporter John Miller, a former official with the Office of the Director of National Intelligence and an ex-FBI spokesman, allowed these claims to go unchallenged. The Guardian, not so much. Here’s our take:
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    Spencer Ackerman makes mincemeat using the 60 Minutes segment on the NSA as the main ingredient. For the comedic companion piece by Bob Garfield, see http://www.theguardian.com/commentisfree/2013/dec/17/60-minutes-nsa-journalism-spin  Watching the civil libertarians of the U.S. romp on the NSA is such a treat, the gift that keeps on giving.  
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

Ron Paul slams US on Crimea crisis and says Russia sanctions are 'an act of war' | Worl... - 0 views

  • The former Republican congressman and three-time presidential candidate Ron Paul has launched a scathing attack on what he calls a US-backed coup in Ukraine, insisting the Crimean people have the right to align their territory with Moscow and characterising sanctions against Russia as “an act of war”.He also said providing economic aid to Ukraine was comparable to giving support to rebels in Syria knowing it would end up in the hands of al-Qaida.The libertarian guru’s remarks in an interview with the Guardian are almost diametrically opposed to those of his son, the Republican presidential hopeful Rand Paul, who has called for stiff penalties against Russia and declared: “If I were president, I wouldn’t let [Russian president] Vladimir Putin get away with it.”Ron Paul, who retired from his Texas congressional seat in 2012, has always adopted a sceptical view of US foreign interventions. He said that although the US had not been involved in any military overthrow of the government in Kiev, it had facilitated a coup in the sense of “agitating” elements who wanted to usurp Ukraine’s former president, Victor Yanukovych.
  • “That is our how our country was started,” he said. “It was the right of self-determination, and voting, and asking and even fighting for it, and seceding. Of course libertarians were delighted with the secession of the various countries and units of government away from the Soviet Union, so yes, we want the people to make the decisions.”He added: “The people of Ukraine would probably have a loose-knit association, with a rather independent east and west, and an independent Crimea. It would work quite well.”
Gary Edwards

Articles by Mark Dice - 0 views

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    Libertarian writer and researcher, Mark Dice, has provided a list of articles he has written.  Mark's literary works include: ... "The Illuminati: Facts & Fiction" ...... separates and analyzes the various claims and evidence about the Illuminati, their history, beliefs, members, organizations, and activities. This is a supplement for Mark's previous book - ..... "The Resistance Manifesto",  which focuses more on the New World Order, the 9/11 attacks, Big Brother, and how the political agendas of the elite are fulfilling Bible prophecy.   .... "The New World Order" ....   His website, markdice.com has high light summary of his work that's quite interesting: A detailed analysis of the September 11th attacks and evidence they were aided by elements within U.S. and foreign intelligence agencies to be used as a reason to jumpstart the "War on Terror" and the erosion of privacy and personal liberties outlined in the constitution. The Knights Templar, the real Holy Grail, and the role the Templars played in the formation of the Illuminati mafia. Quotes from the original writings of the Illuminati founders and how the organization drew up plans over 200 years ago to take over every major institution of power and influence in the world through deception and criminal activity. An expose on the Bohemian Grove resort including quotes from President Richard Nixon, senator John Decamp, and information from Chris Jones who worked at the club and became an informant on the activities within the compound. The secrets of Freemasonry and a history of the organization and their influence on society and quotes from the bible of Freemasonry on how the organization knowingly deceives lower level members and nonmembers as to the true secrets and goals of the fraternity. The history and meaning of the mysterious Georgia Guidestones monument and why the elite want to reduce world population to 500 million by killing billions of people through wars and plagues. A history of
Gary Edwards

Liberty's backlash -- why we should be grateful to Edward Snowden | Fox News - 1 views

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    Liberty's backlash -- why we should be grateful to Edward Snowden By Judge Andrew P. Napolitano Published August 01, 2013 FoxNews.com Last week, Justin Amash, the two-term libertarian Republican congressman from Michigan, joined with John Conyers, the 25-term liberal Democratic congressman from the same state, to offer an amendment to legislation funding the National Security Agency (NSA). If enacted, the Amash-Conyers amendment would have forced the government's domestic spies when seeking search warrants to capture Americans' phone calls, texts and emails first to identify their targets and produce evidence of their terror-related activities before a judge may issue a warrant. The support they garnered had a surprising result that stunned the Washington establishment. It almost passed. The final vote, in which the Amash-Conyers amendment was defeated by 205 to 217, was delayed for a few hours by the House Republican leadership, which opposed the measure. The Republican leadership team, in conjunction with President Obama and House Minority Leader Nancy Pelosi, needed more time for arm-twisting so as to avoid a humiliating loss. But the House rank-and-file did succeed in sending a message to the big-government types in both parties: Nearly half of the House of Representatives has had enough of government spying and then lying about it, and understands that spying on every American simply cannot withstand minimal legal scrutiny or basic constitutional analysis. The president is deeply into this and no doubt wishes he wasn't. He now says he welcomed the debate in the House on whether his spies can have all they want from us or whether they are subject to constitutional requirements for their warrants. Surely he knows that the Supreme Court has ruled consistently since the time of the Civil War that the government is always subject to the Constitution, wherever it goes and whatever it does. As basic as that sounds, it is not a universally held belief am
Gary Edwards

The Economic Philosopher's Outcast: Mises | Steve Mariotti - 1 views

  • Mises, the modern day creator of the Classical Liberal movement (today also called libertarianism) destroyed the intellectual arguments of socialism by proving that it was impossible to allocate scarce resources effectively without private property and free-market prices. He showed that the more the state limited economic incentives to individuals, the greater the harm to low-income people and the general population.
  • Centralized planning, something that was characteristic of all three types of socialism: the Nazis, the Fascists and the Communists, led to the ruin of an economy, and resulted in more and more tyranny and the rise of the totalitarian state.
  • What economists failed to understand was that massive government spending and a authoritative centralized government would bring economic ruin to Germany, Russia, and many other countries.
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  • Sooner or later government debt has to be repaid out of tax receipts. Our current revenue base is not strong enough to sustain a viable repayment program to service the debt. Today we create money -- billions a month -- to meet the debt repayments. As new money floods the market its value declines. The country experiences inflation destroying the savings, and pensions of its citizens.
  • Similar conditions led to the downfall of the Weimar Republic. The rampant inflation of the 1920s in Germany was a contributing factor to the rise of Hitler, Himmler and the centralized planning of the ultimate socialist organization the National Socialist Workers Party (Nazis).
  • The anticipation of future consumer demand impacts the output of entrepreneurs intent on meeting that demand in the future and thereby make a profit
  • Author of dozens of seminal books and hundreds of articles, Mises works were studied by the Nazis in the 1930s as part of their assault on pro-democracy individuals, particularly those who were Jewish. Mises' unparalleled contributions to economic theory, which upheld a free market over one controlled by a coercive government, later fostered a world-wide movement. His books were significant for their discussions of money, credit, Socialism, central planning, and human action.
  • Mises' most remarkable argument for the free market came in his 1922 piece, "Socialism: an Economic and Sociological Analysis." In a Socialist state, there were no prices, essential to allocating resources. Prices signaled information simultaneously to both entrepreneurs and consumers.
  • The centralized decision making over both production and consumption is impossible because of the complexity of an economy composed of hundreds millions of people and trillions of decisions every second. This insight gave Mises a greater appreciation of the value of a market economy, one that allows for the change of prices based on changes in supply and demand.
  • The recent bankruptcy of the City of Detroit is a harbinger of serious problems for the $2.9 trillion municipal bond market. Mises witnessed firsthand rampant government spending, overwhelming debt, and inflation in both Germany and Austria. The results of similar economic policies are threatening major urban centers around our country.
  • This defense of limited government and the rights of all citizens made Professor Mises a threat to the ultimate central planners and explains why the Gestapo had sped to his home to arrest him.
  • Mises, leader of the Austrian School of Economics, mentored the great Nobel Prize winner Friederich Hayek, who I studied with in 1979 at the Institute for Humane Studies. They influenced noted economists such as Israel Kirzner, Robert Higgs, Lawrence White, Peter G. Klein, Roger Garrison, Edward Stringham, Peter Boettke, and the novelist Ayn Rand who later made popular classical liberal economic policies. Mises disciples today see the threat of government intervention in our nation's economy as seriously undermining economic productivity and self-starting growth.
  • People are increasingly disenchanted with mainstream Keynesian views of the economy. Keynesians were blindsided by the housing bubble and the financial crisis. Their response was to pump the economy with cheap credit and huge government spending which has only prolonged the agony. The Austrians led by Mises offer a compelling alternative explanation in which booms and busts are caused by central-bank manipulation of interest rates in vain attempts to stimulate or stabilize the economy.
  • Klein further points out that monetary central planning, combined with misguided housing regulation led the economy to produce the wrong kinds of goods and services. For Klein recovery means getting the government out of the way and letting entrepreneurs fix the mistakes.
  • According to Paul Wisenthal, the country's leading journalist authority on entrepreneurship education for young people, America was built on new small business development, led by its forefathers who were primarly entrepreneurs. He believes the U.S. may continue to diminish small business incentives as government expands on taxpayer dollars that don't exist.
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    I've said for more than 40 years that "inflation is the cruelest tax of all." In a fiat currency economy, it is robbery, pure and simple; and the poor are hardest hit because they lack the capital to make investments that can outpace inflation. The net effect is to transfer wealth from the lower economic classes to the wealthy, most of all the investment banksters and "old wealth".
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radi... - 0 views

  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Gary Edwards

When Government Looks for Witches - Judge Andrew Napolitano - 3 views

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    Another excellent commentary on NSA spying and the USA Constitution from libertarian icon, Judge Andrew Napolitano.  He has some very interesting arguments about the FiSA Courts and their legality under the Constitution.
Paul Merrell

Chomsky to RT: All superpowers feel exceptional, inflate security myth for 'frightened ... - 0 views

  • The United States has always adopted the principle of American exceptionalism, this goes back to the early colonists, but it’s not a uniquely American position. Every great power, at least every one I know of, has taken the same position. So France was unique in its civilizing mission, which was announced proudly as the Minister of War was calling for the extermination of the people of Algeria. Russia under Stalin was uniquely exceptional and magnificent while it was carrying out all kinds of crimes. Hitler pronounced German exceptionalism when he took over Czechoslovakia, it was done to end ethnic cleansing and put people under the broader German high culture and German technology. In fact I can’t think of an exception. Every great power that I know of has claimed to be exceptional, the United States among them: exceptional in its right to use force and violence. RT: Doesn’t the US take it a step further with exceptionalism? NC: Only because the US is more powerful. If you go back a hundred years British and French exceptionalism was far more powerful. The US had the same doctrine but what really mattered for the world was the major imperial powers. And in Russia’s domains it was Russia that was exceptional. Try to find an exception. So the exceptionalism is kind of interesting in that it seems to be without exception. Everybody accepts it, and of course it’s ludicrous in each case.
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    The renowned libertarian socialist historian Noam Chomsky speaks to "American exceptionalism" ("of course it's ludicrous"). Claims of American exceptionalism fall particularly flat in my mind because the U.S. is "the melting pot of humanity." Descended from all breeds of immigrants, how could we be exceptional except in our diversity. But our diversity does not seem to be exceptional. Ask the Afro-American or Latino young man who has just been stopped by the police for driving while black or driving while Latino how they feel about America's respect for diversity. American exceptionalism is nothing but another propaganda theme used to justify unlawful activities. E.g., "we are the world's only superpower; therefore, we must act as the world's police force." But notice in that particular application of the theme, there are neither international law granting our military the power to invade other nations or international norms that make our unilateral invasions of other nations lawful under any circumstance other than responding defensively to another nation's military attack on our own nation. Of course there has been no such attack since the War of 1812 (at the outset of World War II, Hawaii was a mere possession, not a state).
Paul Merrell

NSA phone surveillance program likely unconstitutional, federal judge rules | World new... - 0 views

  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
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    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
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    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
Gary Edwards

WHO ARE THE REAL TRAITORS? - BlackListedNews.com - 1 views

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    I was going through my email, trying to clean things up, and hit on this post from a member of the Bay Area Patriots, Nina Ortega. Like many Tea Party patriots, Nina is a Libertarian. The letter itself though is stunning. Maybe the most heartfelt cry of an American patriot I have ever read. Using lots of Quotes, and some very colorful language, the author, Jim Quinn responds to the Edward Snowden controversy, arguing that this brave patriot's courgage is on a par with that of the founding fathers. And those accusing him are the real traitors. Great stuff. Take some time, and let it all out. intro: "There are weeks that change the course of human history. There are weeks when people must choose sides. There are weeks that expose the real American traitors. There is no middle ground in this debate. You are either on the side of freedom, liberty, truth, transparency and the U.S. Constitution or you are on the side of mindless obedience, oppression, deception, corruption and tyranny. A courageous young Millennial named Edward Snowden has risked his life and his future to expose the illegal, surreptitious surveillance programs being conducted by the United States government in clear violation of the 4th Amendment to the U.S. Constitution. The NSA, with the full knowledge of Barack Obama and Congress, has been covertly collecting phone and internet records on millions of Americans with the full cooperation of Verizon and other mega media/data corporations. Our owners have been using the U.S. Constitution to wipe their asses. The 4th Amendment to the U.S. Constitution is so unambiguous that any intelligent politician, bright journalist or fifth grader in Miss Sabatini's history class could interpret its meaning and intention. Our founding fathers believed in truth, clarity and simplicity. The traitorous sociopaths in control of our government today believe in obfuscation, ambiguity and complexity."
Paul Merrell

The Government Can No Longer Track Your Cell Phone Without a Warrant | Motherboard - 0 views

  • The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while.  The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment. "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."
  • In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.
  • Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable.  "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy." The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.
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  • "One’s cell phone, unlike an automobile, can accompany its owner anywhere. Thus, the exposure of the cell site location information can convert what would otherwise be a private event into a public one," he wrote. "In that sense, cell site data is more like communications data than it is like GPS information. That is, it is private in nature rather than being public data that warrants privacy protection only when its collection creates a sufficient mosaic to expose that which would otherwise be private." Finally, the government argued that, because Davis made outgoing calls, he "voluntarily" gave up his location data. Sentelle rejected that, too, citing a prior decision by a Third Circuit Court. "The Third Circuit went on to observe that 'a cell phone customer has not ‘voluntarily’ shared his location information with a cellular provider in any meaningful way.' That circuit further noted that 'it is unlikely that cell phone customers are aware that their cell phone providers collect and store historical location information,'” Sentelle wrote.
  • "Therefore, as the Third Circuit concluded, 'when a cell phone user makes a call, the only information that is voluntarily and knowingly conveyed to the phone company is the number that is dialed, and there is no indication to the user that making that call will also locate the caller,'" he continued.
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    Another victory for civil libertarians against the surveillance state. Note that this is another decision drawing guidance from the Supreme Court's decision in U.S. v. Jones, shortly before the Edward Snowden leaks came to light, that called for re-examination of the Third Party Doctrine, an older doctrine that data given to or generated by third parties is not protected by the Fourth Amendment.   
Paul Merrell

Edward Snowden was targeted by Russian spies 6 years BEFORE he exposed US secrets - Mir... - 0 views

  • Ex-KGB Major Boris Karpichkov said spies from Russia’s SVR intelligence service posing as ­diplomats tricked Snowden into ­seeking asylum in Russia
  • Russian spies had whistleblower Edward Snowden in their sights SIX YEARS before he exposed US secrets, reports the Sunday People.Moscow believed the cyber wizard working for the CIA in Geneva was ripe for defection in 2007 and opened a file on him, says a KGB defector.But secret agents did not swoop until last year when Snowden, 30, fled to Hong Kong with 1.7 million top secret documents which he leaked to the media.Ex-KGB Major Boris Karpichkov said spies from Russia’s SVR intelligence service posing as ­diplomats tricked Snowden into ­seeking asylum in Russia.And when the turncoat went there the information was leaked to ­provoke the US into cancelling his passport , so restricting his movements, said Karpichkov.
  • “He wasn’t a Russian spy before he went to Moscow . But death threats have frightened him."These threats were a carefully planned operation by the Russian security services to make Snowden stay in Russia.“Snowden cannot leave Moscow even if he wanted as the Americans have cancelled his passport.”He was admitted to the country on a 12-month renewable visa.But Karpichkov said Snowden’s flight to Moscow was deliberately leaked by the Russians to provoke the Americans into just such an action.
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  • Last week the Sunday People ­revealed how Snowden has given so much away about how our GCHQ eavesdroppers gather information on Islamist killers that officials have been forced to set up new procedures.This week it has emerged that GCHQ staff named by Snowden have made plans to rush their partners and kids to safety should they become targets for terrorists.A senior Whitehall source told us: “Parts of the radar have gone dark and that is very worrying. Snowden has committed the worst kind of treachery.”Karpichkov agreed.He said: “There is no doubt he has put Britain and America in grave danger.”
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    To say I am dubious is a gross understatement. From the publication of his first leaked document, the western military intelligence/industrial complex has been attempting to kill the messenger rather than address the message. The meme that he defected to the Russians has been making the rounds for months, but without any supporting allegations, ignoring that his stay in Russia while in transit to Ecuador was the result of the U.S. pulling his passport. Now we have a story in a British yellow-journalism tabloid fairly infamous for publishing hoaxes that meets that criticism, Suddenly, we are told by a former KGB officer that Russian intelligence maneuvered the U.S. into pulling Snowden's passport while Snowden was on layover in Moscow during his travel from Hong Kong to South America.  But the public opinion polls have been moving in the civil libertarians' direction so an escalation in the quality of attacks on Snowden has been entirely predictable. And of course the article ends with an ad hominem "treachery attack on Snowden attributed to GCHQ and an anonymous "senior Whitehall source."  It will be interesting to see what Snowden and Glenn Greenwald have to say about this. If you're interested in the background of the ex-KBG officer, the following Google query will get you lots of information: +kgb +"boris karpichkov" -Snowden  
Paul Merrell

Eric Cantor's Opponent Beat Him By Calling Out GOP Corruption | - 0 views

  • “All of the investment banks, up in New York and D.C., they should have gone to jail.” That isn’t a quote from an Occupy Wall Street protester or Senator Elizabeth Warren. That’s a common campaign slogan repeated by Dave Brat, the Virginia college professor who scored one of the biggest political upsets in over a century by defeating Majority Leader Eric Cantor in the Republican primary last night. The national media is buzzing about Brat’s victory, but for all of the wrong reasons.
  • Did the Tea Party swoop in and help Brat, as many in the Democratic Party are suggesting? Actually, the Wall Street Journal reports no major Tea Party or anti-establishment GOP group spent funds to defeat Cantor. Did Cantor, the only Jewish Republican in Congress, lose because of his religion, as some have suggested? There’s no evidence so far of anti-Semitism during the campaign. Was Cantor caught flatfooted? Nope; Cantor’s campaign spent close to $1 million on the race and several outside advocacy groups, including the National Rifle Association, the National Realtors Association and the American Chemistry Council (a chemical industry lobbying association) came in and poured money into the district to defeat Brat. The New York Times claims that Brat focused his campaign primarily on immigration reform. Brat certainly made immigration a visible topic in his race, but Republic Report listened to several hours of Brat stump speeches and radio appearances, and that issue came up far less than what Brat called the main problem in government: corruption and cronyism. Brat told Internet radio host Flint Engelman that the “number one plank” in his campaign is “free markets.” Brat went on to explain, “Eric Cantor and the Republican leadership do not know what a free market is at all, and the clearest evidence of that is the financial crisis … When I say free markets, I mean no favoritism to K Street lobbyists.” Banks like Goldman Sachs were not fined for their role in the financial crisis — rather, they were rewarded with bailouts, Brat has said.
  • rat, who has identified with maverick GOP lawmakers like Representative Justin Amash of Michigan, spent much of the campaign slamming both parties for being in the pocket of “Wall Street crooks” and D.C. insiders. The folks who caused the financial crisis, Brat says, “went onto Obama’s rolodex, the Republican leadership, Eric’s rolodex.” During several campaign appearances, Brat says what upset him the most about Cantor was his role in gutting the last attempt at congressional ethics reform. “If you want to find out the smoking gun in this campaign,” Brat told Engelman, “just go Google and type the STOCK Act and CNN and Eric Cantor.” (On Twitter, Brat has praised the conservative author Peter Schweizer, whose work on congressional corruption forced lawmakers into action on the STOCK Act.) The STOCK Act, a bill to crack down on insider trading, was significantly watered down by Cantor in early 2012. The lawmaker took out provisions that would have forced Wall Street “political intelligence” firms to register as traditional lobbyists would, and removed a section of the bill to empower prosecutors to go after public officials who illegally trade on insider knowledge. And Brat may be right to charge that Cantor’s moves on the STOCK Act were motivated by self interest. Cantor played a leading role in blocking legislation to fix the foreclosure crisis while his wife and his stock portfolio were deeply invested in mortgage banks.
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  • Most self-described Tea Party Republicans, including Rand Paul and Ted Cruz, have railed against Washington in a general sense without calling out the powerful – often Republican-leaning — groups that wield the most power. Not Brat. “Eric is running on Chamber of Commerce and Business Roundtable principles,” Brat told a town hall audience, later clarifying that he meant the U.S. Chamber of Commerce, the largest lobbying trade group in the country. He also called out the American Chemistry Council for funding ads in his race with Cantor, telling a radio host that his opponent had asked his “crony capitalist friends to run more ads.” Brat repeats his mantra: “I’m not against business. I’m against big business in bed with big government.” Indeed, Cantor has been a close ally to top lobbyists and the financial industry. “Many lobbyists on K Street whose clients include major financial institutions consider Cantor a go to member in leadership on policy debates, including overhauling the mortgage finance market, extending the government backstop for terrorism insurance, how Wall Street should be taxed and flood insurance,” noted Politico following Cantor’s loss last night. In 2011, Cantor was caught on video promising a group of commodity speculators that he would roll back regulations on their industry. 
  • There are many lessons to be learned from the Cantor-Brat race. For one, it’s worth reflecting on the fact that not only did Cantor easily out raise and outspend Brat by over $5 million to around $200,000 in campaign funds, but burned through a significant amount on lavish travel and entertainment instead of election advocacy. Federal Election Commission records show Cantor’s PAC spent at least $168,637 on steakhouses, $116,668 on luxury hotels (including a $17,903 charge to the Beverly Hills Hotel & Bungalows) and nearly a quarter million on airfare (with about $140,000 in chartered flights) — just in the last year and a half! But on the policy issues and political ramifications of this race, it’s not easy to box Brat into a neat caricature of an anti-immigration zealot or Tea Party demagogue, or, in TIME’s hasty reporting, a “shopworn conservative boilerplate.” If Brat ascends to Congress, which is quite likely given the Republican-leaning district that he’ll run in as the GOP nominee, he may actually continue taking on powerful elites in Washington.  
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    The Cantor defeat was not a Tea Party upset victory as claimed by MSM, according to this article. Instead, Brat's stump speeches were about crony capitalism, bankster corruption of Congress, and libertarian principles. So if this article is correct, then MSM would rather claim that Cantor was a victim of the Tea Party than acknowledge the issues that Brat actually raised, Congressional corruption and big government/big corporation cronyism.  Very interesting food for thought.
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.
  • 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.
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  • 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.
  • "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. 
Paul Merrell

USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - T... - 0 views

  • After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
  • However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
  • “While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
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  • Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
  • The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
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    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
Paul Merrell

The Handover - An FP Slideshow | Foreign Policy - 0 views

  • Tuesday marked a milestone for the 12-year-old war in Afghanistan, with NATO forces officially handing over responsibility for the country's security to Afghan government forces. Since 2010, when President Barack Obama accelerated training as part of his rapid surge of forces into the country, the Afghan National Army has grown from around 100,000 members to 195,000. But it still faces a number of challenges, including a desertion rate so high that it needs 50,000 new recruits every year to replace those who leave). In December 2012, a Pentagon report determined that only one of the Afghan military's 23 brigades was able to operate effectively without NATO support. Now, Afghan troops will have to do just that; except in rare cases, they will no longer be able to rely on the support of U.S. warplanes, medical evacuation helicopters, or ground troops.
  • Tuesday marked a milestone for the 12-year-old war in Afghanistan, with NATO forces officially handing over responsibility for the country's security to Afghan government forces. Since 2010, when President Barack Obama accelerated training as part of his rapid surge of forces into the country, the Afghan National Army has grown from around 100,000 members to 195,000. But it still faces a number of challenges, including a desertion rate so high that it needs 50,000 new recruits every year to replace those who leave). In December 2012, a Pentagon report determined that only one of the Afghan military's 23 brigades was able to operate effectively without NATO support. Now, Afghan troops will have to do just that; except in rare cases, they will no longer be able to rely on the support of U.S. warplanes, medical evacuation helicopters, or ground troops. Here's a look back at the long preparation for this week's big handover. An Afghan National Army soldier assigned to the Mobile Strike Force Kandak fires an RPG-7 rocket-propelled grenade launcher during a live-fire exercise supervised by Marines Team on Camp Shorabak, Helmand province, Afghanistan on May 20, 2013.
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    Here in one paragraph are a lot of the reasons two of Obama's claims about U.S. plans in Afghanistan cannot both be true: [i] all U.S. -and NATO combat troops will be withdrawn from Afghanistan by the end of 2014; and [ii] a fairly large contingent of U.S. non-combat troops will remain on U.S. bases in Afghanistan to advise, train, and support the Karzai government's defense forces.  1. The "surge" didn't work even though Obama sent more troops than the military had requested. Even at the peak of U.S. forces in that country, the U.S. military had been beaten back into enclaves by the Taliban. Nonetheless, Obama has  continued to draw down U.S. forces there. NATO allies have been pulling up their tent pegs too. 2. The Afghan government forces are utterly incapable of holding out against the Taliban without strong NATO backing that Obama says is ending. 3. Therefore, a small non-combatant U.S. force left behind after 2014 would be virtually defenseless if left behind. There seems to be no question that U.S. involvement in Afghanistan is winding down steadily. And Obama isn't dumb enough to have a few thousand U.S. troops stay behind to be slaughtered. So his "stay behind" claims are a bluff. The Taliban can read those tea leaves at least as well as I can. This is Vietnam War Redux, also a repeat of the Soviet retreat from Afghanistan. Obama has no credible stick to wield in negotiations with the Taliban. Therefore, the negotiations are either a sham or Obama has to offer the Taliban a carrot of suitable size. The Taliban has no incentive to participate in a sham; they've won their war and the U.S. departure is imminent. Therefore, we need consider what carrot Obama might offer the Taliban. A better royalty agreement on the sidetracked Trans-Afghanistan Pipeline that would supply India with natural gas? .  That doesn't seem enough.  But a consortium of western investors willing to pay royalties t
Paul Merrell

Revealed: the top secret rules that allow NSA to use US data without a warrant | World ... - 0 views

  • Fisa court submissions show broad scope of procedures governing NSA's surveillance of Americans' communication• Document one: procedures used by NSA to target non-US persons• Document two: procedures used by NSA to minimise data collected from US persons
  • Top secret documents submitted to the court that oversees surveillance by US intelligence agencies show the judges have signed off on broad orders which allow the NSA to make use of information "inadvertently" collected from domestic US communications without a warrant.The Guardian is publishing in full two documents submitted to the secret Foreign Intelligence Surveillance Court (known as the Fisa court), signed by Attorney General Eric Holder and stamped 29 July 2009. They detail the procedures the NSA is required to follow to target "non-US persons" under its foreign intelligence powers and what the agency does to minimize data collected on US citizens and residents in the course of that surveillance.The documents show that even under authorities governing the collection of foreign intelligence from foreign targets, US communications can still be collected, retained and used.
  • The procedures cover only part of the NSA's surveillance of domestic US communications. The bulk collection of domestic call records, as first revealed by the Guardian earlier this month, takes place under rolling court orders issued on the basis of a legal interpretation of a different authority, section 215 of the Patriot Act.
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    Lots of gruesome detail in the article and even more in the documents. Another major leaked disclosure from the Big Brother secret arm of U.S. government. A cautionary warning: these are merely documents. They are not regulations as that term is understood under the Administrative Procedures Act. There may or may not be one or more secret Executive Orders requiring Agency personnel to adhere to what the documents say.  Even with agencies that are far more open to public scrutiny, it is common for agency staff to ignore regulations and statutes. Every time someone wins a lawsuit pursuant to the combination of the Administrative Procedures Act and some other federal law or regulation, one of the most common types of lawsuits against federal agencies, it is because agency staff violated the law or the regulation. It's a common situation even with agencies that have to operate in the sunlight. An agency allowed to operate without any right of the public to challenge its actions has even less incentive to adhere to its formal procedures.   So particularly with an agency permitted to operate in secret, the existence of these documents does not mean that they get more than an occasional wink and a nod by agency staff. That said, this is pretty gruesome reading for a civil libertarian and is also rife with vagueness, ambiguity, and loopholes. Not surprisingly though for an experienced lawyer; those who deliberately trample on others' rights rarely write written confessions.
Gary Edwards

Tea Party Lights Fuse for Rebellion on Right - NYTimes.com - 0 views

  •  
    I don't usually read the NY Times because i don't trust them.  They were discredited long ago.  This article however is just excellent.  I wonder how it got through the editorial slant maker?  5 pages.  Good story line. The Tea Party movement has become a platform for conservative populist discontent, a force in Republican politics for revival, as it was in the Massachusetts Senate election, or for division. But it is also about the profound private transformation of people like Mrs. Stout, people who not long ago were not especially interested in politics, yet now say they are bracing for tyranny. These people are part of a significant undercurrent within the Tea Party movement that has less in common with the Republican Party than with the Patriot movement, a brand of politics historically associated with libertarians, militia groups, anti-immigration advocates and those who argue for the abolition of the Federal Reserve.
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