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Paul Merrell

Court Rules Feds Need Warrant to Access Drug Prescriptions Database | American Civil Li... - 0 views

www.aclu.org/...-feds-need-warrant-access-drug

surveillance state DEA prescriptions patient-records 4th Amendment warrant

shared by Paul Merrell on 14 Feb 14 - No Cached
  • In a significant win for the privacy rights of anyone who has ever gotten a drug prescription, a federal judge in Oregon ruled yesterday that the DEA needs a warrant to search confidential prescription records. Oregon, like 48 other states, has a Prescription Drug Monitoring Program (PDMP), which tracks patients’ prescriptions for medications used to treat a long list of sensitive medical conditions. Although Oregon law requires police to get a warrant from a judge before searching prescription records in the database, the DEA has been requesting records using administrative subpoenas, which do not involve judicial authorization or probable cause. After the State of Oregon sued the DEA over this practice, the ACLU and ACLU of Oregon joined the suit on behalf of four patients and a doctor in the state. Last month, we argued in court that the DEA is violating the Fourth Amendment by bypassing the Constitution’s warrant requirement when seeking private prescription records. Yesterday, the court agreed. The court’s ruling is the first time a judge has held that law enforcement must get a probable cause warrant to access confidential prescription records from a state database in a criminal investigation. The opinion is significant for several reasons.
  • First, the court soundly rejected the DEA’s extreme argument that people lose their Fourth Amendment privacy rights in their medical information when they engage in confidential discussions with their doctor and pharmacist about their illnesses and treatment decisions. The federal government had argued that the “third party doctrine” applied, comparing confidential prescription records to electricity consumption records, bank records, and other categories of information held by third-party companies, for which courts have said police don’t need a warrant. The judge batted this argument aside, explaining that prescription records are “more inherently personal or private than bank records, and are entitled to and treated with a heightened expectation of privacy.” As the court held: “Although there is not an absolute right to privacy in prescription information, as patients must expect that physicians, pharmacists, and other medical personnel can and must access their records, it is more than reasonable for patients to believe that law enforcement agencies will not have unfettered access to their records.” More importantly, this ruling fits into a series of recent opinions calling into question the continuing vitality of the third party doctrine in modern society. As Justice Sotomayor wrote in United States v. Jonestwo years ago, “it may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties. This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.” This sentiment was echoed by the federal judge who ruled last year that the NSA’s bulk telephone metadata program violates the Fourth Amendment. The Oregon case is another blow to the third party doctrine’s shaky foundation.
  • In addition, although yesterday’s ruling is only binding within Oregon, it will be persuasive precedent for courts evaluating law enforcement’s use of subpoenas to obtain private prescription records—and similar information—around the country. The case is a reminder to the DEA and other law enforcement agencies that they are not above the law, and that they must comply with the Fourth Amendment’s warrant requirement when seeking sensitive information in criminal investigations. Finally, the case should add momentum to a movement within state legislatures to amend PDMP statutes to require police to get a warrant for prescription records. Ten states currently require a warrant as a matter of state law (Rhode Island was the most recent state to add this requirement, last year). The Pennsylvania House has passed legislation creating a warrant requirement for that state’s PDMP, and is waiting for the state senate to act. The Florida legislature may update the privacy protections for its PDMP this year. Action by state legislatures will send a strong message to the DEA that it should be getting warrants everywhere, not just in Oregon.
  • Paul Merrell on 14 Feb 14
     
    A case to watch as it wends it way through the appellate process. A very big win for the ACLU, with major implications for federal intelligence gathering in general. 
Paul Merrell

Marijuana Legalization in CO, WA, AK, OR, and Washington D.C.: So Far, So Good | Drug P... - 0 views

www.drugpolicy.org/...d-washington-dc-so-far-so-good

war & peace war-on-drugs marijuana-legalization stats

shared by Paul Merrell on 01 Nov 16 - No Cached
  • As Arizona, California, Maine, Massachusetts, and Nevada prepare to vote on the legalization of marijuana for adults 21 and over in a few weeks, all eyes are on the initial outcomes of those states that have already legalized marijuana. A new report from the Drug Policy Alliance finds a massive drop in marijuana arrests, no increase in youth marijuana use, no increase in traffic fatalities, and major fiscal benefits in states with legalized marijuana.
  • The new report reveals that statewide surveys of youth in Colorado, Washington, Alaska, and Oregon found that there were no significant increases in youth marijuana use post-legalization. Tax revenues in Colorado, Washington, and Oregon have all exceeded initial revenue estimates, totaling half a billion dollars in new revenue for those states. (Retail sales have not yet begun in Alaska.) Legalization has not led to more dangerous road conditions, as traffic fatality rates have remained stable in Colorado, Washington, Alaska, and Oregon. Arrests in all states and Washington, D.C. have plummeted since legalization, saving those jurisdictions millions of dollars and preventing the criminalization of thousands of people. Legalization, however, did not abate the disproportionate enforcement of marijuana laws against black people. While thousands less are being arrested, blacks are still arrested at vastly disproportionate rates, even though white people use and sell marijuana at similar rates. By shifting away from counterproductive marijuana arrests and focusing instead on public health, states that have legalized marijuana are diminishing many of the worst harms of the war on drugs, while managing to raise substantial new revenue for their state.
Paul Merrell

Victory! Federal Court Recognizes Constitutional Rights of Americans on the No-Fly List... - 0 views

www.aclu.org/...ctory-federal-court-recognizes

war on terror™ no-fly-list Due Process litigation

shared by Paul Merrell on 31 Dec 13 - No Cached
  • A federal court took a critically important step late yesterday towards placing a check on the government's secretive No-Fly List. In a 38-page ruling in Latif v. Holder, the ACLU's challenge to the No-Fly List, U.S. District Court Judge Anna Brown recognized that the Constitution applies when the government bans Americans from the skies. She also asked for more information about the current process for getting off the list, to inform her decision on whether that procedure violates the Fifth Amendment guarantee of due process. We represent 13 Americans, including four military veterans, who are blacklisted from flying. At oral argument in June on motions for partial summary judgment, we asked the court to find that the government violated our clients' Fifth Amendment right to due process by barring them from flying over U.S. airspace – and smearing them as suspected terrorists – without giving them any after-the-fact explanation or a hearing at which to clear their names. The court's opinion recognizes – for the first time – that inclusion on the No-Fly List is a draconian sanction that severely impacts peoples' constitutionally-protected liberties. It rejected the government's argument that No-Fly list placement was merely a restriction on the most "convenient" means of international travel.
  • Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation. According to the court, placement on the No-Fly List is like the revocation of a passport because both actions severely burden the right to international travel and give rise to a constitutional right to procedural due process: Here it is undisputed that inclusion on the No-Fly List completely bans listed persons from boarding commercial flights to or from the United States or over United States air space.  Thus, Plaintiffs have shown their placement on the No-Fly List has in the past and will in the future severely restrict Plaintiffs' ability to travel internationally. Moreover, the realistic implications of being on the No-Fly List are potentially far-reaching. For example, TSC [the Terrorist Screening Center] shares watchlist information with 22 foreign governments and United States Customs and Boarder [sic] Protection makes recommendations to ship captains as to whether a passenger poses a risk to transportation security, which can result in further interference with an individual's ability to travel as evidenced by some Plaintiffs' experiences as they attempted to travel abroad by boat and land and were either turned away or completed their journey only after an extraordinary amount of time, expense, and difficulty. Accordingly, the Court concludes on this record that Plaintiffs have a constitutionally-protected liberty interest in traveling internationally by air, which is affected by being placed on the list. The court also found that the government's inclusion of our clients on the No-Fly List smeared them as suspected terrorists and altered their ability to lawfully board planes, resulting in injury to another constitutionally-protected right: freedom from reputational harm.
  • The importance of these rulings is clear. Because inclusion on the No-Fly List harms our clients' liberty interests in travel and reputation, due process requires the government to provide them an explanation and a hearing to correct the mistakes that led to their inclusion. But under the government's "Glomar" policy, it refuses to provide any information confirming or denying that our clients are on the list, let alone an after-the-fact explanation and hearing. The court has asked the ACLU and the government for more information about the No-Fly List redress procedure to help it decide the ultimate question of whether that system violates the Fifth Amendment right to due process. We are confident the court will recognize that the government's "Glomar" policy of refusing even to confirm or deny our clients' No-Fly List status (much less actually providing the reasons for their inclusion in the list) is fundamentally unfair and unconstitutional.
  • Paul Merrell on 31 Dec 13
     
    A case decision in August that I had missed, right here in Oregon. One of our Oregon federal judges gets it right after being reversed the first time by the 9th U.S. Circuit Court of Appeals. I've read the opinion. Looks quite solid. Plaintiffs were carefully chosen for this test case, 13 citizens placed on the no-fly list, all with compelling stories of winding up stranded, some overseas. Several are U.S. military veterans. All were told by government officials that the reason they could not board was because they were on the TSA no-fly list. At issue is whether they have a right to be informed of the information that resulted in them being placed on the no-fly list and a right to a hearing to seek correction of the information. Their constitutional interest in their reputations is also in play, since they have been classified by their government as too dangerous to allow to travel by commercial airline.   The district court case is not done; the judge has ordered further briefing on some issues. But the government is trying to defend a process in which no one is ever formally notified that they are on the no-fly list and is never advised of the reasons they are on the no-fly list. The number of Americans on the no-fly list is now over 700,000. But the judge has recognized that there is a constitutional right to travel and that it extends to international travel. From the opinion: "Plaintiffs contend the government has deprived them of their protected liberty interest in travel. In Kent v. Dulles, 357 U.S. 116 (1958), the Supreme Court held "[t]he right to travel is part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment."  Id. at 125. As noted by the Ninth Circuit, "the [Supreme] Court has consistently treated the right to international travel as a liberty interest that is protected by the Due Process Clause of the Fifth Amendment." DeNieva v. Reyes, 966 F.2d 480, 485 (9th Cir. 1992)(emp
Paul Merrell

Establish "No Spy Zones"? Current Law Could Make It Hard - Secrecy News - 0 views

blogs.fas.org/...no-spy-zones

surveillance state law-intelligence law-treaties law-treaty-interpretation intelligence-activities

shared by Paul Merrell on 05 Nov 13 - No Cached
  • Disclosure of U.S. intelligence surveillance activities in Germany and other allied countries has aroused angry public reaction in those countries, and has prompted discussion of the possibility of negotiating “no spy zones” abroad in which certain types of intelligence collection would be renounced and prohibited. Some have spoken of extending to Germany or other countries the “Five Eyes” agreement that has long existed among the US, the UK, Canada, Australia and New Zealand to share intelligence, and not to spy on each other. But a rarely-noted statute could make it difficult for any U.S. administration to achieve an international agreement involving binding new limits on intelligence collection against a foreign country, unless Congress enacts the limitation itself.
  • In the FY 2001 intelligence authorization act (P.L. 106-567, sect. 308), Congress said that the imperatives of U.S. intelligence gathering are to be understood to take precedence over any treaty or international agreement: “No Federal law enacted on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2001 that implements a treaty or other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States Government or its employees, or any other person to the extent such other person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity.” By way of explanation, the Senate Intelligence Committee said in a 2000 report:  “There has been a concern that future legislation implementing international agreements could be interpreted…. as restricting intelligence activities that are otherwise entirely consistent with U.S. law and policy.” At a minimum, this provision appears to complicate any such restriction on intelligence activities that is advanced by international agreement, unless it is explicitly affirmed by Congress itself.
  • Paul Merrell on 05 Nov 13
     
    The quoted passage include a link to the public law version of the quoted statute, which includes a definition of "authorized intelligence activities" and a reference indicating the law was codified at 50 U.S.C. 442. But it ain't there in the LII Cornell online version of the Code or in the Senate's online version. The Senate version has a reference saying that it was editorially transferred to another location in a Title dealing with disposal of government records. But the referenced sections do not exist there. So a trip to the law library to check the printed version and Westlaw. At this point I cannot confirm that the statute is still in force. But this is a great example of the evils of tucking substantive legislation into appropriation and other "Christmas Tree" bills. Oregon has a state constitutional provision limiting legislative enactments to a single subject. It's been used as authority by Oregon courts to void legislation on many occasions. But good luck trying to get the federal constitution amended to add a similar limitation.   
Paul Merrell

Privacy Day | ACLU of Oregon - 0 views

aclu-or.org/privacyday

surveillance state Oregon legislation ACLU digital-privacy

shared by Paul Merrell on 26 Feb 15 - No Cached
  • Help strengthen Oregon's privacy protections and limit the use of dragnet surveillance. We are advocating for:•    SB 339 - Strict guidelines for the use of automatic license plate readers (ALPR) •    SB 640 - A warrant requirement to access email, phone, and location records •    SB 641 - A warrant requirement to search cell phones Advances in technology have made it too easy for law enforcement to track where you go, what you do, and who you are with. Most of the data the government collects is about innocent people who are not suspected of any crimes. Yet the government collects that personal information - or accesses it directly from your internet or cell phone provider – and can keep it for years on end.  Technology has changed but your rights haven't.
  • Paul Merrell on 26 Feb 15
     
    Privacy measures that the ACLU is pushing at the state level in Oregon. Links are to short summaries of legislation.
Paul Merrell

Health plan covers assisted suicide but not new cancer treatment | News | Eugene News, ... - 0 views

www.kval.com/26140519.html

health care

shared by Paul Merrell on 20 Nov 12 - No Cached
  • SPRINGFIELD, Ore. -- Barbara Wagner has one wish - for more time.  "I'm not ready, I'm not ready to die," the Springfield woman said. "I've got things I'd still like to do." Her doctor offered hope in the new chemotherapy drug Tarceva, but the Oregon Health Plan sent her a letter telling her the cancer treatment was not approved. Instead, the letter said, the plan would pay for comfort care, including "physician aid in dying," better known as assisted suicide. "I told them, I said, 'Who do you guys think you are?' You know, to say that you'll pay for my dying, but you won't pay to help me possibly live longer?' " Wagner said.
  • He said the state has a financial incentive to offer death instead of life: Chemotherapy drugs such as Tarceva cost $4,000 a month while drugs for assisted suicide cost less than $100.
  • Saha said state health officials do not consider whether it is cheaper for someone in the health plan to die than live. However, he admitted they must consider the state's limited dollars when dealing with a case such as Wagner's. "If we invest thousands and thousands of dollars in one person's days to weeks, we are taking away those dollars from someone," Saha said.
  • Paul Merrell on 20 Nov 12
     
    Oregon is the only state that has legalized physician-assisted suicide. 
Gary Edwards

75 Economic Numbers From 2012 That Are Almost Too Crazy To Believe - 0 views

theeconomiccollapseblog.com/...re-almost-too-crazy-to-believe

economic-collapse Obammunism Obamanomics

shared by Gary Edwards on 13 Jan 13 - No Cached
  • Gary Edwards on 13 Jan 13
     
    Thanks to Marbux we have this extraordinary collection of facts and figures describing the economic catastrophe that has hit the USA.  excerpt: "What a year 2012 has been!  The mainstream media continues to tell us what a "great job" the Obama administration and the Federal Reserve are doing of managing the economy, but meanwhile things just continue to get even worse for the poor and the middle class.  It is imperative that we educate the American people about the true condition of our economy and about why all of this is happening.  If nothing is done, our debt problems will continue to get worse, millions of jobs will continue to leave the country, small businesses will continue to be suffocated, the middle class will continue to collapse, and poverty in the United States will continue to explode.  Just "tweaking" things slightly is not going to fix our economy.  We need a fundamental change in direction.  Right now we are living in a bubble of debt-fueled false prosperity that allows us to continue to consume far more wealth than we produce, but when that bubble bursts we are going to experience the most painful economic "adjustment" that America has ever gone through.  We need to be able to explain to our fellow Americans what is coming, why it is coming and what needs to be done.  Hopefully the crazy economic numbers that I have included in this article will be shocking enough to wake some people up. The end of the year is a time when people tend to gather with family and friends more than they do during the rest of the year.  Hopefully many of you will use the list below as a tool to help start some conversations about the coming economic collapse with your loved ones.  Sadly, most Americans still tend to doubt that we are heading into economic oblivion.  So if you have someone among your family and friends that believes that everything is going to be "just fine", just show them these numbers.  They are a good summary of the problems that the U
Paul Merrell

California Assembly approves right-to-die legislation - LA Times - 0 views

www.latimes.com/...egislation-20150909-story.html

legislation death-with-dignity California Oregon

shared by Paul Merrell on 10 Sep 15 - No Cached
  • After nearly a quarter-century of efforts in California to afford terminally ill patients the right to end their lives with a doctor’s help, state lawmakers and the governor may be on the verge of granting the dying that authority.The state Assembly on Wednesday passed a bill that would allow physicians to prescribe life-ending drugs to the terminally sick. The End of Life Option Act, which the Catholic Church and others oppose, awaits final approval by the Senate -- three months after that chamber passed a similar bill by a thin margin.The fate of the legislation is likely to rest with Gov. Jerry Brown, a former Jesuit seminary student who has yet to articulate his position on the measure. Brown has expressed concern about it, based more on legislative procedure than his own beliefs.
  • Modeled after an Oregon law enacted in 1997, California’s aid-in-dying proposal generated passionate, often deeply personal, debate among lawmakers that cut across party lines. Their discussions touched on questions of morality and mortality; trust in doctors and God’s grace; and the right of the dying to determine their own fate versus protection for the elderly and vulnerable.Assemblywoman Susan Eggman (D-Stockton), a former hospice worker and the author of the legislation, accepted hugs from many of her colleagues after the 43-34 vote that ended a two-hour debate on Wednesday.
Paul Merrell

The frightening promise of self-tracking pills | The Verge - 0 views

www.theverge.com/...acking-privacy-quantified-self

surveillance state pill-tracking wireless

shared by Paul Merrell on 13 Oct 15 - No Cached
  • Some morning in the future, you take a pill — maybe something for depression or cholesterol. You take it every morning. Buried inside the pill is a sand-sized grain, one millimeter square and a third of a millimeter thick, made from copper, magnesium, and silicon. When the pill reaches your stomach, your stomach acids form a circuit with the copper and magnesium, powering up a microchip. Soon, the entire contraption will dissolve, but in the five minutes before that happens, the chip taps out a steady rhythm of electrical pulses, barely audible over the body's background hum. The signal travels as far as a patch stuck to your skin near the navel, which verifies the signal, then transmits it wirelessly to your smartphone, which passes it along to your doctor. There's now a verifiable record that the pill reached your stomach.
  • This is the vision of Proteus, a new drug-device accepted for review by the Food and Drug Administration last month. The company says it's the first in a new generation of smart drugs, a new source of data for patients and doctors alike. But bioethicists worry that the same data could be used to control patients, infringing on the intensely personal right to refuse medication and giving insurers new power over patients’ lives. As the device moves closer to market, it raises a serious question: Is tracking medicine worth the risk?
  • But not everyone's convinced that the ability to track pills will be good news for patients. The right to refuse treatment is an important, fragile principle in health care. Many are worried that tracking whether a pill is being consumed will be the first step towards punishing patients that don't comply. While doctors can’t force a patient to take a pill, court orders frequently mandate treatments involving specific drug regimens.
  • ...3 more annotations...
  • Patient's biggest protection are medical privacy laws like HIPAA, which prevent medical data from being shared with anyone outside the hospital system. That would stop your boss or your parents from using Proteus to make sure you haven't fallen behind on your anti-anxiety medication. But those laws won't keep data out of the hands of healthcare providers, and Caplan is concerned the pill could also be used to enforce compliance. Insurers might offer a discounted rate on tracked pills, then hit patients with a $100 co-pay for every treatment they miss. It's not as oppressive as a court order, but the end result would be similar.
  • NYU bioethicist Arthur Caplan says he can imagine a judge using Proteus to enforce medication as part of a sentence: miss a pill, and your parole is revoked. "The temptation in the legal system to say, 'I can monitor you and make sure you're not a threat' is going to be huge," Caplan says. "Maybe that's good, maybe it's bad, but it's a different world than saying I consent to taking these pills." Those court orders are rare at the moment, since there’s no way to ensure a patient is taking medication outside of a controlled treatment facility — but as pill-tracking becomes easier, those measures could become much more common. That's particularly likely given the way Proteus is entering the market. The device's first partnership bundles it with Abilify, a powerful antipsychotic most commonly used to treat mood disorders, schizophrenia, and Tourette's. The most common effects are improved concentration and decreased hallucinations, but it comes with extreme side effects like increased suicide risk and a lower seizure threshold. It's most often prescribed in cases of severe mental illness, often in psychiatric institutions or as part of a court-mandated treatment program — exactly the scenarios bioethicists like Caplan are most worried about.
  • Still, those concerns are unlikely to keep Proteus out of the hands of doctors. The upcoming FDA approval will focus largely on safety and efficacy, leaving the larger ethical challenges to be solved after the drug is released to doctors and patients at large. With the technology available, it will be up to the courts to decide when it’s legal and ethical to use it. As far as Proteus is concerned, the power of the technology outweighs the risks. "There are challenges with bringing digital into any sector," a company representative said. "The reason to embrace the challenge in health care is because the need is so great."
  • Paul Merrell on 13 Oct 15
     
    Let's not forget that because Congress recently decided to revive Patriot Act sect. 215, the FBI is authorized to gather medical records for foreign intelligence and anti-terrorism purposes and according to ex-NSA chief scientist William Binney, the NSA in fact collects medical records and makes them available to law enforcement agencies without a warrant or court order.  http://motherboard.vice.com/read/i-toured-stasi-hq-with-nsa-whistleblowers  One judge has found that statute unconstitutional and may rule in the next few days. A court of appeals has found that the statute did not authorize bulk collection of telephone metadata records. An Oregon federal judge ruled that the DEA cannot obtain prescription records (in part because they are medical records) without an individualized search warrant, specifically ruling against the bulk collection argument. Maybe someday someone in federal government will get a clue that medical records are not one of the "haystacks" the NSA is permitted to create.  Involuntary medical treatment is another giant legal hairball. See https://en.wikipedia.org/wiki/Involuntary_treatment   
Paul Merrell

Supreme Court Strikes Out KBR - 0 views

www.pogo.org/...eme-court-strikes-out-kbr.html

war & peace Iraq Afghanistan KBR Halliburton veterans litigation

shared by Paul Merrell on 24 Jan 15 - No Cached
  • The U.S. Supreme Court came out in favor of contractor accountability this week, rejecting attempts by KBR and its former parent company, Halliburton, to dismiss three lawsuits accusing them of harming service members and civilians in Iraq and Afghanistan. (KBR, one of the largest reconstruction and logistics contractors in Iraq and Afghanistan, was part of Halliburton until 2007.) The Supreme Court, which denied the companies’ petitions without comment, left intact lower court rulings allowing these lawsuits to proceed to trial:
  • McManaway v. KBR American and British soldiers allege KBR knowingly exposed them to the hazardous chemical sodium dichromate while they were posted at the Qarmat Ali water treatment facility in Iraq in 2003. The soldiers were protecting KBR employees who were restoring the facility. This case involves the Restore Iraqi Oil (RIO) contract, which contained a provision requiring the government to indemnify KBR for any property damage, injury, or death occurring on the contract and all related legal expenses. The government is refusing to indemnify KBR for Qarmat Ali litigation, which has already resulted in an $81 million judgment against the company in a case filed in Oregon. Both the indemnification decision and the Oregon judgment are still mired in appeals, despite Congress urging the Pentagon last year to “take control of the litigation process” and hasten its conclusion. “With KBR’s immunity petitions rejected by the Supreme Court in three separate cases, the wait for the veterans’ cases to proceed to trial has finally ended,” attorney Michael Doyle, who represents the plaintiffs in in the Metzgar and McManaway cases, told the Project On Government Oversight. “There can’t be a place in American law for blanket immunity for military contractor misconduct harming our troops and others, and we look forward to the next trial soon.”
  • Metzgar v. KBR Dozens of U.S. military personnel and civilian employees claim they suffered harm as a result of KBR’s waste disposal and water treatment practices on military bases in Iraq and Afghanistan. The case involves KBR’s Logistics Civil Augmentation Program (LOGCAP) III contract. The plaintiffs allege that the company burned large quantities of solid waste in toxin-spewing open-air burn pits and provided contaminated water. Harris v. KBR Cheryl Harris seeks to hold KBR and Halliburton accountable for the death of her son, Staff Sergeant Ryan Maseth, who was electrocuted in 2008 while showering at his base in Iraq. KBR’s responsibility for maintaining the shower facilities was also part of the LOGCAP III contract.
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  • The plaintiffs are suing the contractors because the government is generally immune from personal injury lawsuits. Contingency operation contractors like KBR and Halliburton argue they are also immune because they function essentially as an extension of the military. Ever since the first bombs fell on Afghanistan more than 13 years ago, contractor civil and criminal liability in war zones has been a hotly debated and litigated issue. However, recent decisions by the Supreme Court and the federal circuit courts give us hope that this area of law is becoming more settled and contractor accountability cases will have an easier time getting to trial.
  • Paul Merrell on 24 Jan 15
     
    There's an error in the article where it states that "the government is generally immune from personal injury lawsuits." In fact the federal government generally can be sued for personal injury under the Federal Tort Claims Act, but there is an exception created by the Supreme Court in Feres v. United States: the federal government has no liabllity for personal injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. See for an overview, https://en.wikipedia.org/wiki/Feres_v._United_States However, veterans are entitled in such circumstances to Department of Veteran Affairs disability benefits and medical treatment. Military contractors are very fond of trying to piggy-back onto the Feres Doctrine but it rarely works. I've read a fair bit about KBR's conduct involved. KBR even had multi-million-dollar incinerators there for waste disposal that the government paid for (and their transport to the war zones) to safely dispose of wastes without endangering soldiers, but never set them up. That is pretty solid evidence that they knew of the hazard from using open burn pits. And it's also pretty strong proof that our military auditors in charge of checking contract compliance gave KBR a pass. Did money change hands between KBR and the auditors? War profiteering at its finest. "There is such a thirst for gain [among military suppliers]... that it is enough to make one curse their own Species, for possessing so little virtue and patriotism." George Washington.
Paul Merrell

Mohamed Mohamud terrorism conviction upheld as judge rules data collection legal | Oreg... - 0 views

www.oregonlive.com/...ed_mohamud_terrorism_conv.html

surveillance state NSA litigation Mohamud

shared by Paul Merrell on 29 Jun 14 - No Cached
  • A federal judge has affirmed the legality of the U.S. government's bulk phone and email data collection of foreign nationals living outside the country in denying an Mohamed Mohamud's motion to dismiss his terrorism conviction. It was the first legal challenge to the government's bulk data-collection program of non-U.S. citizens living overseas after revelations about massive, warrantless surveillance were made public by former National Security Agency employee Edward Snowden. The program also sweeps up information about U.S. citizens who have contact with overseas suspects, but such surveillance has been considered incidental. Lawyers for Mohamud tried to show the program violated his constitutional rights and was more broadly unconstitutional. U.S. District Court Judge Garr King on Tuesday denied that effort. The ruling also upheld Mohamud's conviction on terrorism charges. In his decision, King rejected the argument from Mohamud's attorneys that prosecutors failed to notify Mohamud of information derived under the U.S. Foreign Intelligence Surveillance Act until he was already convicted.
  • King held that Mohamud's most persuasive argument was that, even if the original surveillance were lawful, the subsequent use of that information on a U.S. citizen required a warrant. Previous federal appeals court rulings have said that the government needs a warrant to test pills seized in an unrelated search or to search a computer for more information that the warrant sought. Those rulings, the defense argued, meant King should apply the same standard to the evidence seized. But King disagreed. "I do not find any significant additional intrusion," King wrote. "Thus, subsequent querying of (collected data), even if U.S. person identifiers are used, is not a separate search and does not make (such surveillance) unreasonable under the Fourth Amendment."
  • Paul Merrell on 29 Jun 14
     
    A disappointing decision by an Oregon federal judge in a criminal case involving NSA surveillance, one of the FBI's invented terrorists. This decision has appeal written all over it. 
Paul Merrell

http://www.informationclearinghouse.info/article35198.htm - 0 views

www.informationclearinghouse.info/article35198.htm

surveillance state prism NSA social media

shared by Paul Merrell on 08 Jun 13 - No Cached
  • According to a new report in The Wall Street Journal, the scope of the NSA phone monitoring includes customers of all three major phone networks—Verizon, AT&T and Sprint—as well as records from Internet service providers and purchase information from credit card providers.
  • GLENN GREENWALD: Right. Well, first of all, after our story was published, and The Washington Post published more or less simultaneously a similar story, several news outlets, including NBC News, confirmed with government officials that they in fact have exactly the access to the data that we describe. The director of national intelligence confirmed to The New York Times, by name, that the program we identify and the capabilities that we described actually exist. So, you have a situation where somebody seems to be lying. The NSA claims that these companies voluntarily allow them the access; the companies say that they never did.
  • on Thursday, Senate Intelligence Committee Chair Dianne Feinstein told reporters in the Senate gallery that the government’s top-secret court order to obtain phone records on millions of Americans is, quote, "lawful." SEN. DIANNE FEINSTEIN: As far as I know, this is the exact three-month renewal of what has been the case for the past seven years. This renewal is carried out by the FISA court under the business records section of the PATRIOT Act, therefore it is lawful.
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  • On Thursday, Glenn, Director of National Intelligence James Clapper said he stood by what he told Democratic Senator Ron Wyden of Oregon in March, when he said that the National Security Agency does "not wittingly" collect data on millions of Americans. Let’s go to that exchange. SEN. RON WYDEN: Does the NSA collect any type of data at all on millions or hundreds of millions of Americans? JAMES CLAPPER: No, sir. SEN. RON WYDEN: It does not? JAMES CLAPPER: Not wittingly. There are cases where they could inadvertently, perhaps, collect, but not wittingly.
  • AMY GOODMAN: That’s the questioning of the head of the national intelligence, James Clapper, by Democratic Senator Ron Wyden. Glenn Greenwald? GLENN GREENWALD: OK. So, we know that to be a lie, not a misleading statement, not something that was sort of parsed in a way that really was a little bit deceitful, but an outright lie. They collect—they collect data and records about the communications activities and other behavioral activities of millions of Americans all the time. That’s what that program is that we exposed on Wednesday. They go to the FISA court every three months, and they get an order compelling telephone companies to turn over the records, that he just denied they collect, with regard to the conversations of every single American who uses these companies to communicate with one another. The same is true for what they’re doing on the Internet with the PRISM program. The same is true for what the NSA does in all sorts of ways. We are going to do a story, coming up very shortly, about the scope of the NSA’s spying activities domestically, and I think it’s going to shock a lot of people, because the NSA likes to portray itself as interested only in foreign intelligence gathering and only in targeting people who they believe are guilty of terrorism, and yet the opposite is true. It is a massive surveillance state of exactly the kind that the Church Committee warned was being constructed 35 years ago. And we intend to make all those facts available so people can see just how vast it is and how false those kind of statements are.
Gary Edwards

I Am a Peaceful AR-15 Assault Rifle Owner by Marc J. Victor - 0 views

www.lewrockwell.com/...victor7.1.1.html

Libertarian Guns Culture-of-Violence

shared by Gary Edwards on 31 Dec 12 - No Cached
  • "Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurances and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference – they deserve a place of honor with all that's good." ~ George Washington
  • I am an American. As such, none of my rights depend on a showing of need. I am a free man who has the right to define and pursue my happiness in any peaceful way I see fit. The government does not grant me rights. I was born free. The legitimate role of government is to act as my agent to protect my rights; which exist independent of government. Americans do not beg the government for rights nor are they required to demonstrate a "need" for rights.
  • Government never has a more tempting opportunity to increase its size, power and scope, and to curtail the liberties of free people, than during or immediately after a crisis. Indeed, crisis is so tempting an opportunity for government that governments invent crisis whenever possible. This is why "emergency acts" and "wars" on anyone and anything are so popular for governments. Nothing entices people to stop thinking, act impulsively, and to relinquish liberties so easily as a "crisis" or a "tragedy" or an "emergency." We need to be smarter if liberty is to survive.
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  • Banning Guns is Un-American and Immoral "And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the Press, or the rights of Conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; …" ~ Samuel Adams
  • The Idea of Banning Guns is Foolishness "They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." ~ Ben Franklin
  • The single biggest contributing factor to our culture of violence is that our society no longer adheres to the once basic notion that initiating force against non-aggressors is wrong
  • Although President Obama appears excited about the notion of banning guns, I have not heard him order a ban on the very guns used to protect him. Apparently, when it comes to his protection, President Obama prefers to be protected by people armed with guns. Indeed, I suspect none of these gun ban advocates would hesitate to call 911 and request help from people armed with guns if they were faced with an intruder in their homes in the middle of the night. I fail to understand why we can’t all agree that guns save lives.
  • Our Culture of Violence
  • "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!" ~ Benjamin Franklin
  • Gun Regulations Never Reduce Gun Violence and Usually Increase Violent Crime "The constitutions of most of our States assert that all power is inherent in the people; that … it is their right and duty to be at all times armed; … " ~ Thomas Jefferson
  • Our laws are replete with instances of legal trespass against peaceful people.
  • I prefer that my children are no longer unprotected sitting ducks at a federally mandated gun free zone in school.
  • We no longer recognize the sovereignty of the individual.
  • democracy is akin to mob rule.
  • Our spending on the drug war will soon be approaching 100 billion dollars per year.
  • Not only do guns remain widely available in Mexico, but their gun related homicide rate outpaces ours. The same can be said of all these drug war countries.
  • Mexico has some of the strictest gun control laws in the world. Its laws effectively prohibit gun ownership.
  • Rather than living in a democratic republic where most decisions are left to the property owner, we now have an unfettered democracy where anything goes so long as the majority of voters agree
  • "To preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them." ~ Richard Henry Lee
  • Indeed, this law may have encouraged Mr. Lanza to work his horrific violence at the Sandy Hook Elementary School knowing federal law provides that nobody could have the capacity to stop him.
  • One unintended consequence of this federal law has been to create a guaranteed victim zone, comprised of children, who are unprotected sitting ducks for any deranged lunatic such as Mr. Lanza.
  • Our culture of violence is more directly attributable to anti-freedom government policies which diminish and disrespect the rights of the individual.
  • Here is a short list of some notable examples compiled by the Libertarian Party:
  • A 1997 high school shooting in Pearl, Mississippi was halted by the school's vice principal after he retrieved the Colt .45 he kept in his truck. A 1998 middle school shooting ended when a man living next door heard gunfire and apprehended the shooter with his shotgun. A 2002 terrorist attack at an Israeli school was quickly stopped by an armed teacher and a school guard. A 2002 law school shooting in Grundy, Virginia came to an abrupt conclusion when students carrying firearms confronted the shooter. A 2007 mall shooting in Ogden, Utah ended when an armed off-duty police officer intervened. A 2009 workplace shooting in Houston, Texas was halted by two co-workers who carried concealed handguns. A 2012 church shooting in Aurora, Colorado was stopped by a member of the congregation carrying a gun. At the recent mall shooting in Portland, Oregon the gunman took his own life minutes after being confronted by a shopper carrying a concealed weapon.
  • Three Reasons Americans Have a Right to Own Guns "Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?" ~ Patrick Henry
  • First, free people have a right to self defense.
  • The second reason for a right to keep and bear arms is to deter possible foreign invasions.
  • The founders of our nation believed people must always preserve their right to resistance and revolution against their own government. "And what country can preserve its liberties, if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants." ~ Thomas Jefferson.
  • Japanese Admiral Isoroku Yamamoto
  • The third reason for a right to keep and bear arms is, as Thomas Jefferson stated, "The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."
  • "When the people fear the government, there is tyranny. When the government fears the people, there is liberty."
  • "You cannot invade the mainland United States. There would be a rifle behind every blade of grass"
  • In the 20th century alone, the death toll resulting from governments murdering their own disarmed citizens after guns were legally banned is estimated at 56 million.
  • "If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen." ~ Samuel Adams
  • Gary Edwards on 31 Dec 12
     
    Excellent article on the importance of gun ownership in America.  The author is a defense attorney practicing law in Arizona.  He's also a war veteran and well versed libertarian.   Excerpts: "I am an American. As such, none of my rights depend on a showing of need. I am a free man who has the right to define and pursue my happiness in any peaceful way I see fit. The government does not grant me rights. I was born free. The legitimate role of government is to act as my agent to protect my rights; which exist independent of government. Americans do not beg the government for rights nor are they required to demonstrate a "need" for rights." "Government never has a more tempting opportunity to increase its size, power and scope, and to curtail the liberties of free people, than during or immediately after a crisis. Indeed, crisis is so tempting an opportunity for government that governments invent crisis whenever possible. This is why "emergency acts" and "wars" on anyone and anything are so popular for governments. Nothing entices people to stop thinking, act impulsively, and to relinquish liberties so easily as a "crisis" or a "tragedy" or an "emergency." We need to be smarter if liberty is to survive." "Although President Obama appears excited about the notion of banning guns, I have not heard him order a ban on the very guns used to protect him. Apparently, when it comes to his protection, President Obama prefers to be protected by people armed with guns. "
  • Paul Merrell on 01 Jan 13
     
    Excellent article other than the fact that the author erred in referring to the AR-15 as an "assault rifle." It is not. It is an "assault weapon," a semi-automatic rifle with only a cosmetic resemblance to the M-16 fully automatic "assault rifle." "Assault rifles" have been outlawed in the U.S. for decades. The U.S. had a complete ban on "assault weapon" rifles from 1994 to 2004. It did not affect gun violence rates at all, because semi-automatic rifles that lacked the cosmetic resemblance to "assault rifles" remained on the market. The distinction between the two terms is critical to understanding the current gun debate. Those who propose a ban on "assault weapons" are offering only a cosmetic sop to the anti-gun crowd, banning a sub-set of semi-automatic rifles whilst leaving equally capable semi-autos on the market. The correct question to ask is "why bother?" One might as well ban toy guns that bear a resemblance to assault weapons; other toy guns remain unaffected. For a more in depth discussion of "assault weapon" vs. "assault rifle" with references see http://en.wikipedia.org/wiki/Assault_weapon
Paul Merrell

EXCLUSIVE: Justice Department memo reveals legal case for drone strikes on Americans - ... - 0 views

openchannel.nbcnews.com/...for-drone-strikes-on-americans

obama assassinations drones war & peace war crimes

shared by Paul Merrell on 05 Feb 13 - No Cached
  • A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects, including those aimed at American citizens, such as the  September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.  
  • The secrecy surrounding such strikes is fast emerging as a central issue in this week’s hearing of White House counterterrorism adviser John Brennan, a key architect of the drone campaign, to be CIA director.  Brennan was the first administration official to publicly acknowledge drone strikes in a speech last year, calling them “consistent with the inherent right of self-defense.” In a separate talk at the Northwestern University Law School in March, Attorney General Eric Holder specifically endorsed the constitutionality of targeted killings of Americans, saying they could be justified if government officials determine the target poses  “an imminent threat of violent attack.” But the confidential Justice Department “white paper” introduces a more expansive definition of self-defense or imminent attack than described  by Brennan or Holder in their public speeches.  It refers, for example, to what it calls a “broader concept of imminence” than actual intelligence about any ongoing plot against the U.S. homeland.  
  • “The condition that an operational  leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,” the memo states.Read the entire 'white paper' on drone strikes on Americans
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  • Although not an official legal memo, the white paper was represented by administration  officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s  Office of Legal Counsel, which provides authoritative legal advice to the president and all executive branch agencies. The administration has refused to turn over to Congress or release those memos publicly -- or even publicly confirm their existence. A source with access to the white paper, which is not classified, provided a copy to NBC News. 
  • Pressure for turning over the Justice Department memos on targeted killings of Americans appears to be building on Capitol Hill amid signs that Brennan will be grilled on the subject at his confirmation hearing before the Senate Intelligence Committee on Thursday.  Advertise | AdChoices On Monday, a bipartisan group of 11 senators -- led by Democrat Ron Wyden of Oregon — wrote  a letter to President Barack Obama asking him to release all Justice Department memos on the subject. While accepting that “there will clearly be circumstances in which the president has the authority to use lethal force” against Americans who take up arms against the country,  it said, “It is vitally important ... for Congress and the American public to have a full understanding of how  the executive branch interprets the limits and boundaries of this authority.”
  • Paul Merrell on 05 Feb 13
     
    Finally, the lid begins to come off the secret legal memoranda claiming to justify assassinations of U.S. citizens by the Obama regime.
Paul Merrell

PressTV - US planning for a post-Israel Middle East - 0 views

www.presstv.ir/...g-for-a-postisrael-middle-east

war & peace Israel

shared by Paul Merrell on 01 Oct 12 - No Cached
  • So what is all the fuss about? It’s a paper entitled: Preparing for a Post-Israel Middle East, an 82-page analysis that concludes that the American national interest in fundamentally at odds with that of Zionist Israel. The authors conclude that Israel is currently the greatest threat to US national interests because its nature and actions prevent normal US relations with Arab and Muslim countries and, to a growing degree, the wider international community. The study was commissioned by the US Intelligence Community comprising 16 American intelligence agencies with an annual budget in excess of $ 70 billion. The IC includes the departments of the Navy, Army, Air Force, Marine Corps, Coast Guard, Defense Intelligence Agency, Departments of Energy, Homeland Security, State, Treasury, Drug Enforcement Agency, Federal Bureau of Investigation, National Security Agency, National Geospatial Intelligence Agency, National Reconnaissance Agency and the Central Intelligence Agency commissioned the study.
  • srael, given its current brutal occupation and belligerence cannot be salvaged any more than apartheid South Africa could be when as late as 1987 Israel was the only “Western” nation that upheld diplomatic ties with South Africa and was the last country to join the international boycott campaign before the regime collapsed;
  • Simultaneous with, but predating, rapidly expanding Arab and Muslim power in the region as evidenced by the Arab Spring, Islamic Awakening and the ascendancy of Iran, as American power and influence recedes, the US commitment to belligerent oppressive Israel is becoming impossible to defend or execute consistent given paramount US national interests which include normalizing relations with the 57 Islamic countries; · Gross Israeli interference in the internal affairs of the United States through spying and illegal US arms transfers. This includes supporting more than 60 ‘front organizations’ and approximately 7,500 US officials who do Israel’s bidding and seek to dominate and intimidate the media and agencies of the US government which should no longer be condoned;
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  • The international opposition to the increasingly apartheid regime can no longer be synchronized with American claimed humanitarian values or US expectations in its bilateral relations with the 193 member United Nations. The Draft ends with language about the need to avoid entangling alliances that alienate much of the World and condemn American citizens to endure the consequences.
  • Franklin Lamb, former Assistant Counsel, US House Judiciary Committee and Professor of International Law at Northwestern College of Law in Oregon, earned his Law Degree at Boston University and his LLM, M.Phil., and PhD degrees at the London School of Economics. Following three years at the International Court of Justice in The Hague, Lamb was visiting fellow at the Harvard Law School’s East Asian Legal Studies Center.
Gary Edwards

Doug Casey on American Socialism - Casey Research - 0 views

www.caseyresearch.com/...doug-casey-american-socialism

Doug-Casey Socialism economic-ruin

shared by Gary Edwards on 20 Oct 12 - No Cached
  • Gary Edwards on 20 Oct 12
     
    "Doug Casey on American Socialism"  .  Awesome interview, especially the discussion on Liberalism and how the socialist Norman Thomas decided to co-opt the term as an effective replacement for the disreputable socialism.  Links to the Thomas 1932 socialist platform that Casey points out has pretty much been put into place.   Good discussion.  Focus on an article published by socialist apologist and idiot, Allan Colmes.
  • Paul Merrell on 20 Oct 12
     
    I agree that Colmes is far from the sharpest knife in the drawer. In my opinion, he was largely a Fox News invention to give Shawn Hannity a far weaker opponent to argue against that Hannity's idiocy could still overcome. There are in reality liberals that Hannity could never have gone toe-to-toe with. (That's not an endorsement of liberalism; it's commentary on the quality of Hannity's arguments.) The show was mostly a variant of the straw man logical fallacy; the fact that Colmes lacked the ability to think critically or communicate effectively made Hannity "win" the pseudo-debate in the eyes of those unable to think critically themselves. I have some criticism of Casey's remarks that apply more generally to my experience of strict Libertarians and perhaps even farther to strict adherents to any "ism." My criticism boils down to a couple of examples of hard issues usually avoided by strict Libertarians. -- The Disabled: When discussing Social Security disability benefits, Casey changes the subject from the genuinely disabled to a short rant about those whose disability claims are bogus and the "ambulance chasing" lawyers who pursue their claims. But if pressed to the wall and forced to answer, I strongly suspect that Casey would admit that there are people, likely the majority of Social Security disability benefits, whose claims are genuine. The net effect of his relevant argument: an impression that he has a Darwinian view that he would leave the disabled dying in the streets without sustenance or medical care. That kind of society is unacceptable to me. Perhaps it is to Casey too, but if so I think it was incumbent on him to offer a solution for the genuinely disabled. (In fairness, I'll note that at one point Casey hinted but did not forthrightly say that he would favor financial assistance for single mothers in Harlem.) -- Medical Care: I agree that our health care system is badly broken. But again Casey is long on criticism but short on realistic idea
Paul Merrell

Ron Wyden: the future of NSA programs is being determined now | World news | theguardia... - 0 views

www.theguardian.com/...ates-obama-end-data-collection

surveillance state NSA Wyden Obama Snowden 1.7-million-docs perjury Rand Paul

shared by Paul Merrell on 12 Jan 14 - No Cached
  • Privacy advocates pressed Barack Obama to end the bulk collection of Americans’ communications data at a series of meetings at the White House on Thursday, seizing their final chance to convince him of the need for meaningful reform of sweeping surveillance practices. A key US senator left one meeting at the White House with the impression that President Obama has yet to decide on specific reforms. “The debate is clearly fluid,” senator Ron Wyden of Oregon, a longtime critic of bulk surveillance, told the Guardian after the meeting. “My sense is the president, and the administration, is wrestling with these issues,” Wyden said. Other groups were meeting presidential aides on Thursday afternoon, including the representatives of the American Civil Liberties Union, the Electronic Privacy Information Center (Epic) and the Open Technology Institute. Expectations were mounting that Obama will propose changing the National Security Agency’s controversial database of all domestic phone call records.
  • Wyden, a member of the Senate intelligence committee, said he viewed the coming days and weeks, ahead of an announcement by Obama about the future scope of surveillance, to be decisive for the debate triggered by NSA whistleblower Edward Snowden.  “What I’d say to Americans is that the future of these programs is being determined now,” Wyden said. “For those like me, who believe that security and liberty are not mutually exclusive, this is the time to weigh in.”
  • Speaking after the meeting with legislators, White House spokesman Jay Carney described the conversation as an opportunity for Obama to “solicit their input”, rather than brief them on his decisions about the future scope of surveillance activities.  The White House held meetings on Wednesday with the leadership of the intelligence agencies, including NSA director Keith Alexander and director of national intelligence James Clapper, as well as with Obama’s privacy and civil liberties advisory group. On Friday, Obama’s staff is expected to meet representatives of major technology firms, ostensibly to continue deliberations.  Shortly before the legislators’ meeting began, two of the attendees, House intelligence committee leaders Mike Rogers of Michigan and Dutch Ruppersberger of Maryland, issued a statement describing a classified Defense Department report that they said alleged that Snowden’s leaks –which they said totaled 1.7m intelligence files and impacted intelligence operations of all military branches – could “gravely impact” US national security. 
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  • A spokesman for the Defense Intelligence Agency, which spearheaded the report, said the report was an “initial assessment”, and the work of the Information Review Task Force was “ongoing”. But neither the House intelligence committee leaders nor the DIA would provide additional information substantiating the allegations of Snowden’s impact.  “The report is classified and is not releasable,” said the DIA spokesman, who would not agree to be quoted by name. The classified interim assessment was delivered to the House and Senate intelligence committees on 6 January, and the DIA spokesman said there is no deadline for a final report, nor a mandate to make such a report public. 
  • Snowden's attorney, Ben Wizner, described the report as an attack on the journalism produced by the Snowden disclosures. "In truth, Mike Rogers is only indirectly attacking Snowden. He’s directly attacking the journalists who have reported on these revelations. There is not a shred of evidence that any adversary has had any access to any document other than those published by journalists, and they haven't contradicted that," Wizner told the Guardian. "We shouldn’t have any confidence in the accuracy of this innuendo. The government has shown time and again they have very little idea of what Snowden had access to."
  • Speaking outside the White House after a separate meeting with Obama, senator Rand Paul also stepped up his calls for government leniency toward Snowden, contrasting his treatment with Clapper, who has admitted misleading the Senate about surveillance. "Those who call for some sort of frontier justice for [Snowden] need to understand the laws needs to apply equally," Paul told reporters. "James Clapper by all accounts committed perjury which is punishable by five years in prison and if you want to throw the book at Snowden, it's a little hard to say 'Oh, but we're not going to do anything about James Clapper lying to Congress.'"
  • Asked if he was making a direct comparison, Paul added: "It's not my job to compare them or contrast what they did, but what James Clapper did has greatly harmed the credibility of the intelligence agencies ... he has really greatly damaged the intelligence community. It's arguable." After meeting with Obama, Wyden saw the debate over surveillance winding toward a conclusion. “This is crunch time. The decisions are going to be made in the very near future,” Wyden said. “The president made clear he wanted to hear from us. I’m going to keep urging members of Congress and the public to stand on the side of real reform and end intrusive surveillance practices that in effect violate the liberties of our people without making us safer.”
  • Paul Merrell on 12 Jan 14
     
    Wyden  says it's time to get involved. Wyden is one of my senators and is about to get an email informing him that if he believes Barack Obama is the person who will decide this issue, he'd better think that over a bit more.  
Paul Merrell

WASHINGTON: Probe: Did the CIA spy on the U.S. Senate? | National Security & Defense | ... - 0 views

www.mcclatchydc.com/...oring-of-senate-computers.html

surveillance state CIA targets Senate-Intelligence-Committee

shared by Paul Merrell on 07 Mar 14 - No Cached
  • The CIA Inspector General’s Office has asked the Justice Department to investigate allegations of malfeasance at the spy agency in connection with a yet-to-be released Senate Intelligence Committee report into the CIA’s secret detention and interrogation program, McClatchy has learned.The criminal referral may be related to what several knowledgeable people said was CIA monitoring of computers used by Senate aides to prepare the study. The monitoring may have violated an agreement between the committee and the agency. The development marks an unprecedented breakdown in relations between the CIA and its congressional overseers amid an extraordinary closed-door battle over the 6,300-page report on the agency’s use of waterboarding and harsh interrogation techniques on suspected terrorists held in secret overseas prisons. The report is said to be a searing indictment of the program. The CIA has disputed some of the reports findings.
  • White House officials have closely tracked the bitter struggle, a McClatchy investigation has found. But they haven’t directly intervened, perhaps because they are embroiled in their own feud with the committee, resisting surrendering top-secret documents that the CIA asserted were covered by executive privilege and sent to the White House.McClatchy’s findings are based on information found in official documents and provided by people with knowledge of the dispute being fought in the seventh-floor executive offices of the CIA’s headquarters in Langley, Va., and the committee’s high-security work spaces on Capitol Hill. The people who spoke to McClatchy asked not to be identified because the feud involves highly classified matters and carries enormous consequences for congressional oversight over the executive branch.
  • In question now is whether any part of the committee’s report, which took some four years to compose and cost $40 million, will ever see the light of day.The report details how the CIA misled the Bush administration and Congress about the use of interrogation techniques that many experts consider torture, according to public statements by committee members. It also shows, members have said, how the techniques didn’t provide the intelligence that led the CIA to the hideout in Pakistan where Osama bin Laden was killed in a 2011 raid by Navy SEALs.The committee determined earlier this year that the CIA monitored computers – in possible violation of an agreement against doing so – that the agency had provided to intelligence committee staff in a secure room at CIA headquarters that the agency insisted they use to review millions of pages of top-secret reports, cables and other documents, according to people with knowledge.Sen. Ron Wyden, D-Oregon, a panel member, apparently was referring to the monitoring when he asked CIA Director John Brennan at a Jan. 29 hearing if provisions of the Federal Computer Fraud and Abuse Act “apply to the CIA? Seems to me that’s a yes or no answer.”Brennan replied that he’d have to get back to Wyden after looking into “what the act actually calls for and it’s applicability to CIA’s authorities.”
  • Paul Merrell on 07 Mar 14
     
    This one should be fun to watch. 
Paul Merrell

Senators clash with Justice Department lawyer over CIA intelligence memos | World news ... - 0 views

www.theguardian.com/...er-over-cia-intelligence-memos

surveillance state CIA NSA oversight secret-law

shared by Paul Merrell on 22 Dec 13 - No Cached
  • An argument about a secret congressional committee's ability to review the US intelligence agencies exploded into rare public view on Tuesday as angry senators demanded legal memos from a nominee to run the CIA's legal office. Caroline Krass, a top justice department lawyer, sparked the ire of several Senate intelligence committee members by claiming that crucial legal opinions about intelligence matters were beyond the scope of the committee. Asked directly and repeatedly if the Senate panel was entitled to the memos, which several senators claimed were crucial for performing their oversight functions, Krass replied: "I do not think so, as a general matter." Dianne Feinstein, the California Democrat who chairs the committee, suggested that Krass placed her nomination as CIA general counsel in jeopardy. "You are going to encounter some heat in that regard," Feinstein said.
  • The Senate intelligence committee, whose public hearings are increasingly rare, is usually a bastion of support for the CIA and its sister intelligence agencies. The exception is the committee's prolonged fight with the CIA over a 6,300-page report on the agency's torture of terrorism detainees in its custody since 9/11. The committee has prepared its report for years; the former chairman, Jay Rockefeller of West Virginia, said the classified version contains 50,000 footnotes. For a year, the panel has sought to release a public version that multiple members of the panel say documents both the brutality of CIA torture and what they have called "lies" told by the CIA to the oversight committees in Congress and the rest of the executive branch concerning its torture practices. CIA director John Brennan, who was a senior CIA official during the years scrutinised by the committee, is resisting release of the report. The CIA has told reporters that the report contains numerous factual errors, which Senator Mark Udall, a Colorado Democrat on the panel, said on Tuesday was a "misleading" and self-serving description of differences of "interpretation" between the agency and the committee. "I'm more confident than ever in the factual accuracy" of the torture report, Udall said.
  • The panel said at the hearing that the CIA is stalling on the provision of documents to the committee that will help it complete its work. Krass, a former White House official who worked alongside Brennan there, did not assure the committee she would help provide them. Krass said the general counsel of the CIA had a "duty and obligation to make sure the committee understands the legal basis" for CIA activities. She worried that disclosure of the legal memos themselves would inhibit the executive branch from candidly discussing policy proposals for fear of embarrassing public disclosure. Several senators found Krass's statement insufficient. Carl Levin, a Michigan Democrat who has investigated torture while serving on the Armed Services Committee as well, asked if the committee was "entitled" to the opinions as a matter of oversight. Krass said her "caveated answer" was, "I do not think so, as a general matter." It is unclear if the committee will reject Krass's nomination. But the two-hour exchange highlighted the difficulties the intelligence committees can face in getting basic factual information from the intelligence agencies they are tasked with overseeing.
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  • Those difficulties carry over to the ongoing controversy about the NSA's bulk surveillance activities, Udall and his colleague Ron Wyden of Oregon have charged. But they are the only dissenters on a committee that has been stalwart in favour of the NSA, even as the committee is feuding with the CIA. Feinstein got Krass to say she disagreed with a federal judge's opinion on Monday that the NSA's bulk surveillance of US phone data was likely unconstitutional. Krass, who would have a limited ability to oversee that program at CIA but likely has insight into it through her Justice Department role, disputed Judge Richard Leon's assessment that such constitutional protections surround that data. "I have a different view about the Fourth Amendment," Krass said. Feinstein said she agreed with Krass, but said no one on the committee wished to contravene the constitution, urging the Supreme Court to settle the issue.
  • Paul Merrell on 22 Dec 13
     
    John Kennedy had the right idea: abolish the CIA. 
Paul Merrell

NSA 'secret backdoor' paved way to U.S. phone, e-mail snooping | Politics and Law - CNE... - 0 views

news.cnet.com/...y-to-u.s-phone-e-mail-snooping

surveillance state NSA Obama lies must-read

shared by Paul Merrell on 17 Aug 13 - No Cached
  • The National Security Agency created a "secret backdoor" so its massive databases could be searched for the contents of U.S. citizens' confidential phone calls and e-mail messages without a warrant, according to the latest classified documents leaked by Edward Snowden. A report in the Guardian on Friday quoted Sen. Ron Wyden, an Oregon Democrat who serves on the Senate Intelligence Committee, as saying the secret rule offers a loophole allowing "warrantless searches for the phone calls or emails of law-abiding Americans." That appears to confirm what Rep. Jerrold Nadler, a New York Democrat, said in June after receiving a classified briefing from administration officials a few days earlier on the extent of the NSA's domestic surveillance operations. If the NSA wants "to listen to the phone," an analyst's decision is sufficient, without any other legal authorization required, Nadler said he had been told during the briefing. "I was rather startled," said Nadler, an attorney who serves on the House Judiciary Committee.
  • FBI Director Robert Mueller responded by assuring Nadler, according to a transcript of the hearing, that to "listen to the phone," the government would need "a particularized order" from the Foreign Intelligence Surveillance Court -- a claim that is contradicted by today's Guardian report and other documents. Mueller has been succeeded by James Comey, who was confirmed last month by the Senate. In response to a CNET article at the time, Director of National Intelligence James Clapper released a statement saying: "The statement that a single analyst can eavesdrop on domestic communications without proper legal authorization is incorrect and was not briefed to Congress." Clapper never elaborated, however, on what "proper" authorization would be. Today's top-secret document leaked by Snowden reveals that "procedures approved on 3 October 2011 now allow for use of certain United States person names and identifiers as query terms when reviewing collected FAA 702 data."
  • FAA 702 is a reference to section 702 of a 2008 law that amended the Foreign Intelligence Surveillance Act. Those amendments created a warrantless surveillance process that could be employed by NSA analysts, but Congress never intended it to be used domestically against American citizens: A congressional report accompanying the law claimed it allows electronic surveillance only of "persons located outside the United States in order to acquire foreign intelligence information." In reality, though, the Obama Justice Department has devised secret interpretations of FAA 702 carving out loopholes in what were intended to be strict privacy safeguards. One loophole revealed in June shows that NSA, CIA, and FBI analysts are granted broad access to data vacuumed up by the world's most powerful intelligence agency -- but are supposed to follow certain "targeting" and "minimization" procedures to limit the number of Americans who become individual targets of warrantless surveillance.
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  • Today's disclosures appear to be at odds with what President Obama has said over the last two months in defense of NSA surveillance. "What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls and the NSA cannot target your e-mails," Obama has said. Earlier reports have indicated that the NSA has the ability to record nearly all domestic and international phone calls -- in case an analyst needed to access the recordings in the future. A Wired magazine article last year disclosed that the NSA has established "listening posts" that allow the agency to collect and sift through billions of phone calls through a massive new data center in Utah, "whether they originate within the country or overseas." That includes not just metadata, but also the contents of the communications.
  • AT&T and other telecommunications companies that allow the NSA to tap into their fiber links receive absolute immunity from civil liability or criminal prosecution, thanks to Section 702 of the FISA Amendments Act, which Congress renewed in 2012. It says that any civil lawsuit "against any person for providing assistance to an element of the intelligence community...shall be promptly dismissed." Section 702 of the law says surveillance may be authorized by the attorney general and director of national intelligence without prior approval by the secret Foreign Intelligence Surveillance Court -- in practice, this means analysts at the NSA and other agencies with intelligence functions -- as long as minimization requirements and general procedures blessed by the court are followed. It's unclear whether the court has approved the "secret backdoor" allowing Americans' e-mail and phone messages to be targeted for domestic surveillance.
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