Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged Move-to-Amend

Rss Feed Group items tagged

Paul Merrell

One Click Politics - 0 views

  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  • Formed in September 2009, Move to Amend is a coalition of hundreds of organizations and hundreds of thousands of individuals committed to social and economic justice, ending corporate rule, and building a vibrant democracy that is genuinely accountable to the people, not corporate interests.
  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  •  
    I have never forwarded action alerts to others by email. The typical action alert winds up sharing your email address with at least one other organization. The next thing you know you're getting donor solicitations from both the Republican and Democratic party central national coordinating committees. It's not just that I'm a political independent; it's an ongoing task to unsubscribe from unwanted mailing lists. Today I got an action alert from Move to Amend, only the second I have received from the organization. This group does not share your email address with anyone. If you choose to participate in this action alert, which is nearing 1 million messages sent, there is a send button near the bottom of the page to participate. That takes you to a page where you can read the message that will be sent. Move to Amend is a non-partisan organization that has been working toward a constitutional amendment for around 4 years that would clear the way for Congress to regulate campaign contributions, in light of Supreme Court decisions declaring that corporations have a First Amendment right to make campaign contributions in any amount they desire. But their amendment would also abolish constitutional rights for all fictional legal "persons" other than human beings and government at the local, state, and national levels. Move to Amend has been going about the process the right way and to date has scored supporting resolutions in 16 state legislatures and hundreds of community governments. That's enough to get oligarchs worried. So there's a bill gathering steam in the U.S. Senate, SJR 19, that's a watered-down version. It grants Congress and the states power to regulate campaign contributions, but it does not speak to the problem of granting human constitutional rights to entities that have existence only in the eyes of the law. The Senate bill is here: http://goo.gl/Nkvfkg Our nation's Founders unmistakably did not contemplate that corporations would have constitution
Paul Merrell

"Campaign Finance Reform" - That'll Shut 'Em Up | Move to Amend - 0 views

  • Remember in 2009, when the way our elections were financed was perfect, corporate power was reined in by Congress, and everything was A-OK and hunky-dory? Me neither. Liberals have been rejoicing over the introduction and recent committee passage of SJR-19, a proposed constitutional amendment to reverse the Supreme Court’s Citizens United vs. FEC and McCutcheon vs. FEC decisions. In essence, the amendment says states have the power to regulate campaign spending, and Congress has the power to regulate outside spending in elections. Sounds good, right? Wrong. Senator Mark Udall’s (D-NM) proposed constitutional amendment is an election-year bone thrown at the masses, who are in a populist rage over the corruption of our government by corporate power and big moneyed interests. In introducing this amendment and passing it in committee, DC politicians are saying that they hear us, understand we’re upset, and are hoping that we’ll be satisfied with a half-measure that any corporate lawyer worth his salt can find his way around.
  • Udall and the 40-plus Democrats who have co-sponsored the legislation are aiming to placate us with an amendment that takes us back to 2009. Even before Citizens United emerged and significantly changed the financing of campaigns, McCain-Feingold, the last significant campaign finance reform bill, which was already riddled with loopholes, had been mostly gutted by the Bush administration’s chief justice of the Supreme Court in 2007. Celebrating SJR-19 as the be-all, end-all constitutional amendment that will make our government accountable to the people again is laughable. It’s akin to the captain of the Titanic applying chewed-up bubble gum on the hole in the ship and calling it good. So how do we fix the gushing head-wound that is our democracy? Udall has it half-right with a constitutional amendment, but his doesn’t go nearly far enough. Instead, we need a constitutional amendment that explicitly defines human beings as people, and corporations as artificial entities not deserving of constitutional rights. And it needs to state that money is not political speech. Any amendment that doesn’t make these two points is a waste of an amendment. You only get one shot with a constitutional amendment, so if you’re going to do it, go all the way or don’t do it at all.
  • A constitutional amendment abolishing constitutional rights for corporations would overturn not only Citizens United vs. FEC, but also Buckley vs. Valeo and Union Pacific Railroad vs. Santa Clara County, which originally established the concept of corporate personhood. It would also, by default, abolish all subsequent Supreme Court cases based on the constitutional rights of corporations, likeBurwell vs. Hobby Lobby, for instance. And abolishing the concept of money as political speech would strip outside interests of the ability to spend unlimited amounts of money on despicable TV ads that perpetuate falsehoods about candidates. Not only would we have clean elections, but we would finally be able to say that fictitious entities like corporations no longer have the right to walk all over people in the name of profit. Luckily, there’s already wide grassroots support for such an amendment. Through Move to Amend’s efforts, 478 local, county, and state government entities have passed resolutions calling for a constitutional amendment to end corporate personhood and money as speech. State legislatures in Delaware, Illinois, and Vermont have all called for such an amendment. Voters in Montana approved a statewide ballot initiative to do the same. The Minnesota and West Virginia Senates both passed resolutions. Resolutions are currently in progress at the Minnesota and Arizona House, the California Senate, and in both the House and Senate in Texas. The people aren’t waiting on Cong! ress to do what needs to be done.
  • ...1 more annotation...
  • Congress should take its lead from the people, who have already made it very clear in both red and blue states that a constitutional amendment is needed, and that campaign finance reform is only scratching the surface. Such an amendment has already been introduced in Congress by Representative Rick Nolan (DFL-Minn.) in February of 2013. Udall and his co-sponsors should take their cues from HJR-29, or the “We the People Amendment,” if they’re serious about representing the people’s interests. Anything else is an election-year bone not to be taken seriously.
Paul Merrell

S.J.Res.19 - 113th Congress (2013-2014): A joint resolution proposing an amendment to t... - 0 views

  • S.J.Res.19 - A joint resolution proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections.
  • 06/18/2014 Committee on the Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. Approved for full committee consideration with an amendment in the nature of a substitute favorably.
  •  
    A joint resolution to reform campaign finance has been favorably reported out of subcommittee favorably by a subcommittee with an amendment by way of a substitute. The resolution is in the nature of a proposed amendment to the Constitution to overcome Supreme Court precedents allowing virtually unlimited campaign contributions. The substitute amendment is at http://cl.ly/0O3l3w382n2M The substitute, offered by Sen. Durbin, is the result of intense lobbying by Move to Amend, a citizen campaign to pass an amendment that would not only reform campaign spending but also abolish all constitutional rights for corporations. That  campaign has successfull resolutions in support by several states and hundreds of cities. See https://movetoamend.org/ The original senate resolution by Senator Udall was an effort to get out in front of that citizen effort with an extremely watered down version that did not address corporate personhood.   Sen. Durbin's substitute amendment does not go as far as to abolish all constitutional rights of corporations but does provide in section 2 that "Congress  and  the  States  shall  have power to implement and enforce this article by appropriate legislation,  and  may  distinguish  between  natural persons and corporations or other artificial entities created by law, including  by  prohibiting  such  entities  from  spending money to influence elections." Motion to Amend ain't buying it. There in it for the long haul, aiming to pass their amendment by 2030. For the text of their amendment, which has been introduced in the House, see https://movetoamend.org/wethepeopleamendment   
Paul Merrell

FBI demands new powers to hack into computers and carry out surveillance | US news | Th... - 0 views

  • The FBI is attempting to persuade an obscure regulatory body in Washington to change its rules of engagement in order to seize significant new powers to hack into and carry out surveillance of computers throughout the US and around the world. Civil liberties groups warn that the proposed rule change amounts to a power grab by the agency that would ride roughshod over strict limits to searches and seizures laid out under the fourth amendment of the US constitution, as well as violate first amendment privacy rights. They have protested that the FBI is seeking to transform its cyber capabilities with minimal public debate and with no congressional oversight. The regulatory body to which the Department of Justice has applied to make the rule change, the advisory committee on criminal rules, will meet for the first time on November 5 to discuss the issue. The panel will be addressed by a slew of technology experts and privacy advocates concerned about the possible ramifications were the proposals allowed to go into effect next year.
  • “This is a giant step forward for the FBI’s operational capabilities, without any consideration of the policy implications. To be seeking these powers at a time of heightened international concern about US surveillance is an especially brazen and potentially dangerous move,” said Ahmed Ghappour, an expert in computer law at University of California, Hastings college of the law, who will be addressing next week’s hearing. The proposed operating changes related to rule 41 of the federal rules of criminal procedure, the terms under which the FBI is allowed to conduct searches under court-approved warrants. Under existing wording, warrants have to be highly focused on specific locations where suspected criminal activity is occurring and approved by judges located in that same district. But under the proposed amendment, a judge can issue a warrant that would allow the FBI to hack into any computer, no matter where it is located. The change is designed specifically to help federal investigators carry out surveillance on computers that have been “anonymized” – that is, their location has been hidden using tools such as Tor.
  • Were the amendment to be granted by the regulatory committee, the FBI would have the green light to unleash its capabilities – known as “network investigative techniques” – on computers across America and beyond. The techniques involve clandestinely installing malicious software, or malware, onto a computer that in turn allows federal agents effectively to control the machine, downloading all its digital contents, switching its camera or microphone on or off, and even taking over other computers in its network.
  • ...2 more annotations...
  • Civil liberties and privacy groups are particularly alarmed that the FBI is seeking such a huge step up in its capabilities through such an apparently backdoor route. Soghoian said of next week’s meeting: “This should not be the first public forum for discussion of an issue of this magnitude.” Jennifer Granick, director of civil liberties at the Stanford center for internet and society, said that “this is an investigative technique that we haven’t seen before and we haven’t thrashed out the implications. It absolutely should not be done through a rule change – it has to be fully debated publicly, and Congress must be involved.” Ghappour has also highlighted the potential fall-out internationally were the amendment to be approved. Under current rules, there are no fourth amendment restrictions to US government surveillance activities in other countries as the US constitution only applies to domestic territory.
  • Another insight into the expansive thrust of US government thinking in terms of its cyber ambitions was gleaned recently in the prosecution of Ross Ulbricht, the alleged founder of the billion-dollar drug site the Silk Road. Experts suspect that the FBI hacked into the Silk Road server, that was located in Reykjavik, Iceland, though the agency denies that. In recent legal argument, US prosecutors claimed that even if they had hacked into the server without a warrant, it would have been justified as “a search of foreign property known to contain criminal evidence, for which a warrant was not necessary”.
  •  
    This rule change has been in the works during the last year.  "The change is designed specifically to help federal investigators carry out surveillance on computers that have been "anonymized" - that is, their location has been hidden using tools such as Tor."  Are we dizzy yet? The State Department is pushing the use of TOR by dissidents in nations whose governments State and the CIA intends to overthrow. Meanwhile, Feed Bag, Inc. wants use of TOR to be sufficient grounds for installing malware on anyone using it to make their systems and all their systems can see or hear be an open book. Let's see. There's the First Amendment right to anonymous speech just to begin with. McIntyre v. Ohio Elections Comm'n, 514 US 334 (1995). ("Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation-and their ideas from suppression-at the hand of an intolerant society. The right to remain anonymous may be abused when it shields fraudulent conduct. But political speech by its nature will sometimes have unpalatable consequences, and, in general, our society accords greater weight to the value of free speech than to the dangers of its misuse.") (Internal citation omitted.) And of course there's the Natural Law liberty to whisper, to utter words in a way that none but the intended recipient can hear. So throw on the violation of the Fifth Amendment's Liberty clause. Then there's the plain language of the Fourth Amendment warrant clause, "particularly describing the *place* to be searched." Not to mention the major reason for the Fourth Amendment, to abolish the "general warrant" that had enabled the Crown to search wherever the warrant's executor's little heart desired.  And th
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

  •  
    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
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.
  • ...5 more annotations...
  • 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.”
  •  
    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.
  •  
    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
Paul Merrell

Newly declassified documents reveal how U.S. agreed to Israel's nuclear program - Diplo... - 0 views

  • The Obama administration this week declassified papers, after 45 years of top-secret status, documenting contacts between Jerusalem and Washington over American agreement to the existence of an Israeli nuclear option. The Interagency Security Classification Appeals Panel (ISCAP), which is in charge of approving declassification, had for decades consistently refused to declassify these secrets of the Israeli nuclear program. The documents outline how the American administration worked ahead of the meeting between President Richard Nixon and Prime Minister Golda Meir at the White House in September 1969, as officials came to terms with a three-part Israeli refusal – to sign the Non-Proliferation Treaty; to agree to American inspection of the Dimona nuclear facility; and to condition delivery of fighter jets on Israel’s agreement to give up nuclear weaponry in exchange for strategic ground-to-ground Jericho missiles “capable of reaching the Arab capitals” although “not all the Arab capitals.”
  • The officials – cabinet secretaries and senior advisers who wrote the documents – withdrew step after step from an ambitious plan to block Israeli nuclearization, until they finally acceded, in internal correspondence – the content of the conversation between Nixon and Meir is still classified – to recognition of Israel as a threshold nuclear state. In fact, according to the American documents, the Nixon administration defined a double threshold for Israel’s move from a “technical option” to a “possessor” of nuclear weapons. The first threshold was the possession of “the components of nuclear weapons that will explode,” and making them a part of the Israel Defense Forces operational inventory.
  • The second threshold was public confirmation of suspicions internationally, and in Arab countries in particular, of the existence of nuclear weapons in Israel, by means of testing and “making public the fact of the possession of nuclear weapons.” Officials under Nixon proposed to him, on the eve of his conversation with Meir, to show restraint with regard to the Israeli nuclear program, and to abandon efforts to get Israel to cease acquiring 500-kilometer-range missiles with one-ton warheads developed in the Marcel Dassault factory in France, if it could reach an agreement with Israel on these points.
  • ...2 more annotations...
  • The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both “explicit and implicit” that “Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.”
  • According to the documents, the Nixon administration believed that Israel’s acquisition of nuclear weapons would spur the Arab countries to acquire their own such weapons within 10 years, through private contracts with scientists and engineers in Europe. Moreover, “deeply rooted in the Arab psyche is the concept that a settlement will be possible only when there is some parity in strength with Israel. A ‘kamikaze’ strike at the Dimona facilities cannot be ruled out,” the document states.
  •  
    "The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both 'explicit and implicit' that 'Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.'" Which just goes to show that Israel's leadership was very bit as looney-tunes as the U.S. leadership was with its "MAD" Mutually Assured Destruction strategy. What is there about democracy that permits psychopaths to acquire the power they so insanely crave? Humanity would have far better odds of surviving the next 100 years if all members of Congress now chosen by voting were instead chosen from the general population at random and limited to a single term. Then let Congress choose the President and Vice President from five people also randomly chosen. That would also result in a Congress far more representative of the People's interests. Anyone with a rudimentary understanding of Statistics could prove that mathematically. To boot, that would take care of the campaign finance issues, since there wouldn't be any elections for federal office. Give me 24 hours notice and I'll have the necessary constitutional amendments written. Let's call them the No More Lunatics Running This Asylum Amendments. Or with a bit more thought we could have a name with an acronym that's more descriptive, something like the SANE Amendments. Let's see: the Save America from Nutjobs Evermore Amendments, or ....   Never mind for now. You do the political organizing to get the Amendments adopted and let me know when. I'll crank out the wordsmith work product for the Amendments.  Sheesh! As I've said for years, if it be true that Man was was created in the image of the Creator, that is irrefutable proof that the Creator is as dumb as a doornail and insane to boot. "[I]t it is not really possible to deter Arab leaders when they themse
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.
  • ...6 more annotations...
  • 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.
  •  
    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. 
  •  
    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. 
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…”
  • ...3 more annotations...
  • 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.
  •  
    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. 
Gary Edwards

Gun Control: WWJD? | RedState - 0 views

  •  
    Excellent discussion of the 2nd Amendment and the gun control arguments of the socialists.  The article centers on the well trod socialist argument, "What would Jesus do?".  The author, Ben Howe, demolishes this argument and then moves on to the core issue of why the 2nd Amendment is important.  Includes a must see youtube capture of the idiot Piers Morgan interview with Ben Shapiro of Breitbart Magazine.  Awesome job Ben!! Great closing quote: "Without the 2nd Amendment, the Constitution is just a wishlist". excerpt: "As the gun control debate rages in America following the abominable events in Newtown, eventually, perhaps inevitably, the media will ask itself, "What would Jesus do?" They've done it for years as it relates to wealth redistribution and Obamacare. Obama gave an entire speech about taxes in which he used Jesus for his justification. I'd wager that the tactic is designed to hit God fearing southerners where, in keeping with the caricature that the media has created of them, they are most likely to submit without question and accept the answer given to them by their betters. Of course this vastly underestimates the target, but putting that aside, is there any truth to the idea that Jesus would deplore a concealed carry license or a mom defending her children from an intruder? After all, Jesus has some pretty radically pacifist quotes that need only be lifted from the Bible without context to sound convincing. Such has been the case on Twitter where I've already more than once been the victim of "well meaning" gun control advocates who simply want me to be as "peaceful as Jesus." Virtually without fail, they point to Matthew 5:39: But I say to you, do not resist an evil person; but whoever slaps you on your right cheek, turn the other to him also. If anyone wants to sue you and take your shirt, let him have your coat also. Whoever forces you to go one mile, go with him two. Give to him who asks of you, and do not turn away fr
Paul Merrell

US v. Comprehensive Drug Testing, Inc., 621 F. 3d 1162 - Court of Appeals, 9th Circuit ... - 0 views

  • Concluding Thoughts
  • The advent of fast, cheap networking has made it possible to store information at remote third-party locations, where it is intermingled with that of other users. For example, many people no longer keep their email primarily on their personal computer, and instead use a web-based email provider, which stores their messages along with billions of messages from and to millions of other people. Similar services exist for photographs, slide shows, computer code and many other types of data. As a result, people now have personal data that are stored with that of innumerable strangers. Seizure of, for example, Google's email servers to look for a few incriminating messages could jeopardize the privacy of millions. It's no answer to suggest, as did the majority of the three-judge panel, that people can avoid these hazards by not storing their data electronically. To begin with, the choice about how information is stored is often made by someone other than the individuals whose privacy would be invaded by the search. Most people have no idea whether their doctor, lawyer or accountant maintains records in paper or electronic format, whether they are stored on the premises or on a server farm in Rancho Cucamonga, whether they are commingled with those of many other professionals 1177*1177 or kept entirely separate. Here, for example, the Tracey Directory contained a huge number of drug testing records, not only of the ten players for whom the government had probable cause but hundreds of other professional baseball players, thirteen other sports organizations, three unrelated sporting competitions, and a non-sports business entity—thousands of files in all, reflecting the test results of an unknown number of people, most having no relationship to professional baseball except that they had the bad luck of having their test results stored on the same computer as the baseball players.
  • This pressing need of law enforcement for broad authorization to examine electronic records, so persuasively demonstrated in the introduction to the original warrant in this case, see pp. 1167-68 supra, creates a serious risk that every warrant for electronic information will become, in effect, a general warrant, rendering the Fourth Amendment irrelevant. The problem can be stated very simply: There is no way to be sure exactly what an electronic file contains without somehow examining its contents—either by opening it and looking, using specialized forensic software, keyword searching or some other such technique. But electronic files are generally found on media that also contain thousands or millions of other files among which the sought-after data may be stored or concealed. By necessity, government efforts to locate particular files will require examining a great many other files to exclude the possibility that the sought-after data are concealed there. Once a file is examined, however, the government may claim (as it did in this case) that its contents are in plain view and, if incriminating, the government can keep it. Authorization to search some computer files therefore automatically becomes authorization to search all files in the same sub-directory, and all files in an enveloping directory, a neighboring hard drive, a nearby computer or nearby storage media. Where computers are not near each other, but are connected electronically, the original search might justify examining files in computers many miles away, on a theory that incriminating electronic data could have been shuttled and concealed there.
  • ...3 more annotations...
  • This case well illustrates both the challenges faced by modern law enforcement in retrieving information it needs to pursue and prosecute wrongdoers, and the threat to the privacy of innocent parties from a vigorous criminal investigation. At the time of Tamura, most individuals and enterprises kept records in their file cabinets or similar physical facilities. Today, the same kind of data is usually stored electronically, often far from the premises. Electronic storage facilities intermingle data, making them difficult to retrieve without a thorough understanding of the filing and classification systems used—something that can often only be determined by closely analyzing the data in a controlled environment. Tamura involved a few dozen boxes and was considered a broad seizure; but even inexpensive electronic storage media today can store the equivalent of millions of pages of information. 1176*1176 Wrongdoers and their collaborators have obvious incentives to make data difficult to find, but parties involved in lawful activities may also encrypt or compress data for entirely legitimate reasons: protection of privacy, preservation of privileged communications, warding off industrial espionage or preventing general mischief such as identity theft. Law enforcement today thus has a far more difficult, exacting and sensitive task in pursuing evidence of criminal activities than even in the relatively recent past. The legitimate need to scoop up large quantities of data, and sift through it carefully for concealed or disguised pieces of evidence, is one we've often recognized. See, e.g., United States v. Hill, 459 F.3d 966 (9th Cir.2006).
  • Second, there are very important benefits to storing data electronically. Being able to back up the data and avoid the loss by fire, flood or earthquake is one of them. Ease of access from remote locations while traveling is another. The ability to swiftly share the data among professionals, such as sending MRIs for examination by a cancer specialist half-way around the world, can mean the difference between death and a full recovery. Electronic storage and transmission of data is no longer a peculiarity or a luxury of the very rich; it's a way of life. Government intrusions into large private databases thus have the potential to expose exceedingly sensitive information about countless individuals not implicated in any criminal activity, who might not even know that the information about them has been seized and thus can do nothing to protect their privacy. It is not surprising, then, that all three of the district judges below were severely troubled by the government's conduct in this case. Judge Mahan, for example, asked "what ever happened to the Fourth Amendment? Was it ... repealed somehow?" Judge Cooper referred to "the image of quickly and skillfully moving the cup so no one can find the pea." And Judge Illston regarded the government's tactics as "unreasonable" and found that they constituted "harassment." Judge Thomas, too, in his panel dissent, expressed frustration with the government's conduct and position, calling it a "breathtaking expansion of the `plain view' doctrine, which clearly has no application to intermingled private electronic data." Comprehensive Drug Testing, 513 F.3d at 1117.
  • Everyone's interests are best served if there are clear rules to follow that strike a fair balance between the legitimate needs of law enforcement and the right of individuals and enterprises to the privacy that is at the heart of the Fourth Amendment. Tamura has provided a workable framework for almost three decades, and might well have sufficed in this case had its teachings been followed. We have updated Tamura to apply to the daunting realities of electronic searches. We recognize the reality that over-seizing is an inherent part of the electronic search process and proceed on the assumption that, when it comes to the seizure of electronic records, this will be far more common than in the days of paper records. This calls for greater vigilance on the part of judicial officers in striking the right balance between the government's interest in law enforcement and the right of individuals to be free from unreasonable searches and seizures. The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.
  •  
    From a Ninth U.S. Circuit Court of Appeals en banc ruling in 2010. The Court's holding was that federal investigators had vastly overstepped the boundaries of multiple subpoenas and a search warrant --- and the Fourth Amendment --- by seizing records of a testing laboratory and reviewing them for information not described in the warrant or the subpoenas. At issue in this particular case was the government's use of a warrant that found probable cause to believe that the records contained evidence that steroids had been found in the urine of ten major league baseball players but searched the seized records for urine tests of other baseball players. The Court upheld the lower courts' rulings that the government was required to return all records other than those relevant to the ten players identified in the warrant. (The government had instead used the records of other player's urine tests to issue subpoenas for evidence relevant to those players potential use of steroids.) This decision cuts very heavily against the notion that the Fourth Amendment allows the bulk collection of private information about millions of Americans with or without a warrantor court order on the theory that some of the records *may* later become relevant to a lawful investigation.   Or rephrased, here is the en banc decision of the largest federal court of appeals (as many judges as most other federal appellate courts combined), in direct disagreement with the FISA Court orders allowing bulk collection of telephone records and bulk "incidental" collection of Americans' telephone conversations on the theory that the records *might* become relevant to national security investigations. Yet none of the FISA judges in any of the FISA opinions published thus far even cited, let alone distinguished, this Ninth Circuit en banc decision. Which says a lot of the quality of the legal research performed by the FISA Court judges. However, this precedent is front and center in briefs filed with the Ni
Gary Edwards

California NDAA Nullification Bill Passes Assembly Committee Unanimously - Tenth Amendm... - 1 views

  •  
    Absolutely stunning news!!!!  Tea Party Patriots and liberal progressive democrats have combined their efforts and passed the single most significant NDAA nullification Act yet.  AB351 now heads for debate and vote of the general California Assembly. "Today, the California Public Safety Committee voted unanimously in favor of Assembly Bill 351 (AB351), the California Liberty Preservation Act. Introduced by Republican Assemblymember Tim Donnelly, AB351 is a strong stand against "indefinite detention" as supposedly authorized by the National Defense Authorization Act (NDAA) of 2012.  It declares such federal power to be unconstitutional and also requires the entire state to refuse to enforce or assist its implementation.  A broad coalition officially supported the legislation and moved the normally partisan, and strongly democratic committee to support the republican-introduced legislation. AB351 was supported by the ACLU, Tenth Amendment Center, San Francisco 99% coalition, San Francisco Board of Supervisors, the Libertarian Party of California - and many others. AB351 establishes the proper constitutional role by first citing the 10th Amendment as limiting the power of the federal government as to that which has been delegated to it and nothing more. The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it in the United States Constitution. It then declares the indefinite detention powers under NDAA to be unconstitutional: Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA) codifies indefinite military detention without charge or trial of civilians captured far from any battlefield, violating the United States Constitution and corroding our nation's commitment to the rule of law Most importantly, the bill requires the entire state apparatus, including all local governments, to refuse to implement the fede
Paul Merrell

FindLaw | Cases and Codes - 0 views

  • SMITH v. MARYLAND, 442 U.S. 735 (1979)
  • The telephone company, at police request, installed at its central offices a pen register to record the numbers dialed from the telephone at petitioner's home. Prior to his robbery trial, petitioner moved to suppress "all fruits derived from" the pen register. The Maryland trial court denied this motion, holding that the warrantless installation of the pen register did not violate the Fourth Amendment. Petitioner was convicted, and the Maryland Court of Appeals affirmed. Held: The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required. Pp. 739-746. (a) Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347 . Pp. 739-741.
  • (b) Petitioner in all probability entertained no actual expectation of privacy in the phone numbers he dialed, and even if he did, his expectation was not "legitimate." First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed. Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information [442 U.S. 735, 736]   to the police, cf. United States v. Miller, 425 U.S. 435 . Pp. 741-746. 283 Md. 156, 389 A. 2d 858, affirmed.
  •  
    The Washington Post has reported that "on July 15 [2001], the secret surveillance court allowed the NSA to resume bulk collection under the court's own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as "pen register, trap and trace," that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line." .  The seminal case on pen registers is the Supreme Court's 1979 Smith v. Maryland decision, bookmarked here and the Clerk's syllabus highlighted, with the Court's discussion on the same web page. We will be hearing a lot about this case decision in the weeks and months to come.  Let it suffice for now to record a few points of what my antenna are telling me:  -- Both technology and the law have moved on since then. We are 34 years down the line from the Smith decision. Its pronouncements have been sliced and diced by subsequent decisions. Not a single Justice who sat on the Smith case is still on the High Bench.   -- In Smith, a single pen register was used to obtain calling information from a single telephone number by law enforcement officials. In the present circumstance, we face an Orwellian situation of a secret intelligence agency with no law enforcement authority forbidden by law from conducting domestic surveillance perusing and all digital communications of the entire citizenry. -- The NSA has been gathering not only information analogous to pen register results but also the communications of American citizens themselves. The communications themselves --- the contents --- are subject to the 4th Amendment warrant requirement. Consider the circuitous route of the records ordered to be disclosed in the Verizon FISA order. Verizon was ordered to disclose them to the FBI, not to the NSA. But then the FBI apparently forwards the records to the NSA, who has both the "pen register
Paul Merrell

The NSA is turning the internet into a total surveillance system | Alexander Abdo and P... - 0 views

  • Another burst of sunlight permeated the National Security Agency's black box of domestic surveillance last week.According to the New York Times, the NSA is searching the content of virtually every email that comes into or goes out of the United States without a warrant. To accomplish this astonishing invasion of Americans' privacy, the NSA reportedly is making a copy of nearly every international email. It then searches that cloned data, keeping all of the emails containing certain keywords and deleting the rest – all in a matter of seconds.
  • The NSA appears to believe this general monitoring of our electronic communications is justified because the entire process takes, in one official's words, "a small number of seconds". Translation: the NSA thinks it can intercept and then read Americans' emails so long as the intrusion is swift, efficient and silent.That is not how the fourth amendment works.Whether the NSA inspects and retains these messages for years, or only searches through them once before moving on, the invasion of Americans' privacy is real and immediate. There is no "five-second rule" for fourth amendment violations: the US constitution does not excuse these bulk searches simply because they happen in the blink of an eye.The government claims that this program is authorized by a surveillance statute passed in 2008 that allows the government to target foreigners for surveillance. Although the government has frequently defended that law as a necessary tool in gathering foreign intelligence, the government has repeatedly misled the public about the extent to which the statute implicates Americans' communications.
  • There should no longer be any doubt: the US government has for years relied upon its authority to collect foreigners' communications as a useful cover for its sweeping surveillance of Americans' communications. The surveillance program revealed last week confirms that the interception of American communications under this law is neither "targeted" at foreigners (in any ordinary sense of that word) nor "inadvertent", as officials have repeatedly claimed.Last week's revelations are a disturbing harbinger of future surveillance. Two months ago, this newspaper reported that the US government has been forcing American telecommunications companies to turn over the call records of every one of their customers "on an ongoing daily basis", to allow the NSA to later search those records when it has a reason to do so. The government has since defended the program, in part on the theory that Americans' right to privacy is not implicated by the initial acquisition of their phone records, only by their later searching.That legal theory is extraordinarily dangerous because it would allow the NSA to acquire virtually all digital information today simply because it might possibly become relevant tomorrow. The surveillance program revealed by the New York Times report goes one step further still. No longer is the government simply collecting information now so that the data is available to search, should a reasonable suspicion arise at some point in the future; the NSA is searching everything now – in real time and without suspicion – merely on the chance that it finds something of interest.
  • ...1 more annotation...
  • That principle of pre-emptive surveillance threatens to subvert the most basic protections of the fourth amendment, which generally prohibit the government from conducting suspicion-less fishing expeditions through our private affairs. If the government is correct that it can search our every communication in case we say or type something suspicious, there is little to prevent the NSA from converting the internet into a tool of pervasive surveillance.
  •  
    Obama was apparently technically accurate but materially misleading when he he said that no one is reading your email. But government computers are reading every email. "Although conduct by law enforcement officials prior to trial may ultimately impair that right, a constitutional violation occurs only at trial. Kastigar v. United States, 406 U. S. 441, 453 (1972). The Fourth Amendment functions differently. It prohibits 'unreasonable searches and seizures' whether or not the evidence is sought to be used in a criminal trial, and a violation of the Amendment is 'fully accomplished' at the time of an unreasonable governmental intrusion. United States v. Calandra, 414 U. S. 338, 354 (1974); United States v. Leon, 468 U. S. 897, 906 (1984)." United States v. Verdugo-Urquidez, 494 US 259, 265 (1990), http://scholar.google.com/scholar_case?case=10167007390100843851  
Paul Merrell

Rules Committee Blocks House from Voting on Grayson Privacy Amendment | Congressman Ala... - 0 views

  • (WASHINGTON, D.C.) – In a late night meeting yesterday, the House Committee on Rules blocked an amendment by Congressman Alan Grayson (FL-09), which would have prohibited the Department of Defense from collecting internet, telephone and other personal information generated by U.S. citizens, in America, without probable cause of a terrorism or criminal offense. The Rules Committee determines which amendments to a bill will move forward to the House floor for a full vote. There was no recorded vote, but Republicans outnumber Democrats on that committee by nine to four. Rather than allowing the full House of Representatives to vote on Grayson’s amendment, Republicans on the committee prevented the amendment from going on to the Floor.Grayson drafted the amendment in an effort to address detailed reports that the National Security Administration (NSA) is collecting the telephone records and the private internet communications of U.S. citizens in the United States.Grayson blasted the decision, saying that Congress must protect the freedom and privacy of all Americans.“This is an extremely important issue for you, me, and everyone else. According to credible articles, the NSA is compiling personal data on each and every single one of us, even the entirely innocent—for no reason, other than the fact that they can,” Grayson said. “This amendment should have received the full consideration of the House of Representatives, so that those of us who have been elected to represent our constituents can defend our freedom, end this gross invasion of privacy, and ensure that these actions cease immediately.”
  •  
    No recorded votes. The good news here is that the illustrious CongressCritters who shot this down were afraid to stand up and be counted. They fear taking a public position on the dragnet surveillance.  
Gary Edwards

Newt Gingrich: 15 Things You Don't Know About Him - 1 views

  •  
    Good article on Newt; covers the good, the bad, and the ugly.  Personally i don't trust Newt.  As former repubican senator Jim Talent of Missouri says, "He's not a reliable and trusted conservative leader".  Strangely, Talent supports Romney. And there is nothing conservative about Romney.   The one thing i do like about Newt is that he is a bomb thrower extraordinaire.  There isn't a Libertarian (moi), conservative, or Constitutional conservative anywhere that wouldn't love to see Newt in the ring with Obama, hammering his Marxist ass without mercy.  But i'm not so sure that that desire is enough to overcome the serious character flaws and self centered egotistical baggage Newt hauls around.  He proves time and again that he lacks the core values of a true conservative, including dedication to the upholding the Constitution and Rule of Law. Funny though that a valueless establishment repubican "we can manage big government more efficiently and make it work" guy like Romney is attacking Newt as not being a true conservative?  What does that make Romney?  At least Newt can point to the awesome Contract with America repubican take over of Congress - after 40 years in the wilderness. Even though Ron Paul has lost it on foreign policy, i continue to send money.  My switch from Reagan Constitutional Conservative to Libertarian has "nearly" everything to do with the 2008 financial collapse, and the years of research and study that followed.   I say "nearly" because i just couldn't pull the trigger until unexpectedly i found myself in a Bloomberg discussion questioning my support for Herman Cain.  Sadly, Herman supports the Federal Reserve, including full approval of both Greenspan and Bernacke policies that have destroyed the US dollar and enabled the Banksters to run off with over $29 Trillion of our money.  Of course, this is an indefensible and inexcusable position.  The Libertarian's in the discussion pointed out that the problems this country faces cann
  •  
    disclosure: I met Cokie and Steve Roberts at an intimate house party in NH. Probably in 1991. Very nice people but they are full blown unionist-socialist-progressives iron bent on the European Socialism model. Not Constitutionalist in any way shape of form. Certainly not Constitutional Capitalist or free market types either.
Paul Merrell

California Senate approves measure banning warrantless drone surveillance | Reuters - 0 views

  • (Reuters) - The California State Senate passed legislation on Tuesday imposing strict regulations on how law enforcement and other government agencies can use drones, a move supporters said will protect privacy and prevent warrantless surveillance. The bill attracted bipartisan support in the Senate, passing 25-8 during the evening vote in Sacramento.The legislation would require law enforcement agencies to obtain a warrant before using an unmanned aircraft, or drone, except in emergencies such as a fire or a hostage-taking.
  • Other public agencies would be able to use drones, or contract for their use, to achieve their "core mission," so long as that mission is not to gather criminal intelligence."The potential for abuse of drones is high and we need to be vigilant to ensure our Constitutional rights are protected," said the bill's co-author, Democratic Senator Ted Lieu.Idaho and Virginia have also passed laws restricting uses of pilotless aircraft because of privacy concerns.
  • Los Angeles Mayor Eric Garcetti supported the new regulations but the measure faced opposition from law enforcement groups, including the California Police Chiefs Association and the California State Sheriffs' Association.The legislation "is an inappropriate attempt to impose search and seizure requirements on California law enforcement agencies beyond what is required by the 4th Amendment of the United States Constitution," the Los Angeles District Attorney's Office said in their opposition to the bill.
  •  
    Gotta love that quote from the L.A. County District Attorney's Office. As though either the 4th Amendment or California's own constitution prohibits the legislature from granting citizens more liberties than the 4th Amendment sets as the irreducible minimum. By that logic, the federal Civil Rights Act would be unconstitutional because the 4th Amendment does not grant citizens the right to sue misbehaving cops in a civil action.  
Paul Merrell

Senate majority whip: Cyber bill will have to wait until fall | TheHill - 0 views

  • Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.
  • The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.
  • “I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”
  • ...2 more annotations...
  • CISA backers hoped that the ultimate vote to curb the NSA’s surveillance authority might quell some of the privacy fears surrounding CISA, clearing a path to passage. But numerous budget debates and the Iranian nuclear deal have chewed up much of the Senate’s floor time throughout June and July.  Following the devastating hacks at the Office of Personnel Management (OPM), Senate Republican leaders tried to jump CISA in the congressional queue by offering its language as an amendment to a defense authorization bill.Democrats — including the bill’s original co-sponsor Sen. Dianne Feinstein (D-Calif.) — revolted, angry they could not offer amendments to CISA’s language before it was attached to the defense bill.Cornyn on Tuesday chastised Democrats for stalling a bill that many of them favor.“As you know, Senate Democrats blocked that before on the defense authorization bill,” Cornyn said. “So we had an opportunity to do it then.”Now it’s unclear when the Senate will have another opportunity.When it does, however, CISA could have the votes to get through.
  • There will be vocal opposition from senators like Wyden and Leahy, and potentially from anti-surveillance advocates like Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.).But finding 40 votes to block the bill completely will be a difficult task.Wyden said he wouldn’t “get into speculation” about whether he could gather the support to stop CISA altogether.“I’m pleased about the progress that we’ve made,” he said.
  •  
    NSA and crew decide to delay and try later with CISA. The Internet strikes back again.
Paul Merrell

Amend the Federal Reserve: We Need a Central Bank that Serves Main Street | Global Rese... - 0 views

  • December 23rd marks the 100th anniversary of the Federal Reserve. Dissatisfaction with its track record has prompted calls to audit the Fed and end the Fed.  At the least, Congress needs to amend the Fed, modifying the Federal Reserve Act to give the central bank the tools necessary to carry out its mandates. The Federal Reserve is the only central bank with a dual mandate. It is charged not only with maintaining low, stable inflation but with promoting maximum sustainable employment. Yet unemployment remains stubbornly high, despite four years of radical tinkering with interest rates and quantitative easing (creating money on the Fed’s books). After pushing interest rates as low as they can go, the Fed has admitted that it has run out of tools. At an IMF conference on November 8, 2013, former Treasury Secretary Larry Summers suggested that since near-zero interest rates were not adequately promoting people to borrow and spend, it might now be necessary to set interest at below zero. This idea was lauded and expanded upon by other ivory-tower inside-the-box thinkers, including Paul Krugman. Negative interest would mean that banks would charge the depositor for holding his deposits rather than paying interest on them. Runs on the banks would no doubt follow, but the pundits have a solution for that: move to a cashless society, in which all money would be electronic. “This would make it impossible to hoard cash outside the bank,” wrote Danny Vinik in Business Insider, “allowing the Fed to cut interest rates to below zero, spurring people to spend more.”
  • Business Week quotes Douglas Holtz-Eakin, a former director of the Congressional Budget Office: “We’ve had four years of extraordinarily loose monetary policy without satisfactory results, and the only thing they come up with is we need more?” Paul Craig Roberts, former Assistant Secretary of the Treasury, calls the idea “harebrained.” He is equally skeptical of quantitative easing, the Fed’s other tool for stimulating the economy. Roberts points to Andrew Huszar’s explosive November 11th Wall Street Journal article titled “Confessions of a Quantitative Easer,” in which Huszar says that QE was always intended to serve Wall Street, not Main Street.  Huszar’s assignment at the Fed was to manage the purchase of $1.25 trillion in mortgages with dollars created on a computer screen. He says he resigned when he realized that the real purpose of the policy was to drive up the prices of the banks’ holdings of debt instruments, to provide the banks with trillions of dollars at zero cost with which to lend and speculate, and to provide the banks with “fat commissions from brokering most of the Fed’s QE transactions.”
  • Bernanke created debt-free money and bought government debt with it, returning the interest to the Treasury. The result was interest-free credit, a good deal for the government. But the problem, says Lounsbury, is that: The helicopters dropped all the money into a hole in the ground (excess reserve accounts) and very little made its way into the economy.  It was essentially a rearrangement of the balance sheets of the creditor nation with little impact on the debtor nation. . . . The fatal flaw of QE is that it delivers money to the accounts of the creditors and does nothing for the accounts of the debtors. Bad debts remain unserviced and the debt crisis continues.
  • ...2 more annotations...
  • Bernanke delivered the money to the creditors because that was all the Federal Reserve Act allowed. If the Fed is to fulfill its mandate, it clearly needs more tools; and that means amending the Act.  Harvard professor Ken Rogoff, who spoke at the November 2013 IMF conference before Larry Summers, suggested several possibilities; and one was to broaden access to the central bank, allowing anyone to have an ATM at the Fed. Rajiv Sethi, Barnard/Columbia Professor of Economics, expanded on this idea in a blog titled “The Payments System and Monetary Transmission.” He suggested making the Federal Reserve the repository for all deposit banking. This would make deposit insurance unnecessary; it would eliminate the need to impose higher capital requirements; and it would allow the Fed to implement monetary policy by targeting debtor rather than creditor balance sheets. Instead of returning its profits to the Treasury, the Fed could do a helicopter drop directly into consumer bank accounts, stimulating demand in the consumer economy. John Lounsbury expanded further on these ideas. He wrote in Econintersect that they would open a pathway for investment banking and depository banking to be separated from each other, analogous to that under Glass-Steagall. Banks would no longer be too big to fail, since they could fail without destroying the general payment system of the economy. Lounsbury said the central bank could operate as a true public bank and repository for all federal banking transactions, and it could operate in the mode of a postal savings system for the general populace.
  • The Federal Reserve Act was drafted by bankers to create a banker’s bank that would serve their interests. It is their own private club, and its legal structure keeps all non-members out.  A century after the Fed’s creation, a sober look at its history leads to the conclusion that it is a privately controlled institution whose corporate owners use it to direct our entire economy for their own ends, without democratic influence or accountability.  Substantial changes are needed to transform the Fed, and these will only come with massive public pressure. Congress has the power to amend the Fed – just as it did in 1934, 1958 and 2010. For the central bank to satisfy its mandate to promote full employment and to become an institution that serves all the people, not just the 1%, the Fed needs fundamental reform.
  •  
    In my view, the Fed is beyond salvage. It needs abolition, not a new role. The Constitution grants Congress the power to mint and coin money, not a group of rent-seeking banksters. 
Paul Merrell

Find Move to Amend Near You | Move to Amend - 0 views

  • See below the map for a list of resolutions in progress and successfully passed. Please note that only resolutions that address corporate personhood are included. Move to Amend firmly believes that only an amendment that removes all corporate constitutional rights and money as speech will address the issues at hand. Click here for more information about why this is so critical.
1 - 20 of 80 Next › Last »
Showing 20 items per page