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Paul Merrell

Anonymous Fearmongering About the Patriot Act from the White House and NYT - The Intercept - 0 views

firstlook.org/...r-mongering-patriot-act-nyt-wh

surveillance state politics-of-fear Patriot-Act white-house

shared by Paul Merrell on 31 May 15 - No Cached
  • Several of the most extremist provisions of the 2001 Patriot Act are going to expire on June 1 unless Congress reauthorizes them in some form. Obama officials such as Director of National Intelligence James Clapper and new Attorney General Loretta Lynch have been engaged in rank fear-mongering to coerce renewal, warning that we’ll all be “less safe” if these provisions are allowed to “sunset” as originally intended, while invoking classic Cheneyite rhetoric by saying Patriot Act opponents will bear the blame for the next attack. In an interview yesterday with the Intercept, ACLU Deputy Legal Director Jameel Jaffer explained why those scare tactics are outright frivolous. Enter the New York Times. An article this morning by Julie Hirschfeld Davis, in the first paragraph, cites anonymous Obama officials warning that “failing to [strike a deal by the deadline] would suspend crucial domestic surveillance authority at a time of mounting terrorism threats.” Behold the next two paragraphs:
  • “What you’re doing, essentially, is you’re playing national security Russian roulette,” one senior administration official said of allowing the powers to lapse. That prospect appears increasingly likely with the measure, the USA Freedom Act, stalled and lawmakers in their home states and districts during a congressional recess. “We’re in uncharted waters,” another senior member of the administration said at a briefing organized by the White House, where three officials spoke with reporters about the consequences of inaction by Congress. “We have not had to confront addressing the terrorist threat without these authorities, and it’s going to be fraught with unnecessary risk.”
  • Those two paragraphs, courtesy of the Obama White House and the Paper of Record, have it all: the principal weapons that have poisoned post-9/11 political discourse in the U.S.
  • Paul Merrell on 31 May 15
     
    Greenwald takes on the politics of fear.
Paul Merrell

Tech firms and privacy groups press for curbs on NSA surveillance powers - The Washingt... - 0 views

www.washingtonpost.com/...4-ab77-9646eea6a4c7_story.html

surveillance state Patriot-Act 215-sunset NSA-reform legislation

shared by Paul Merrell on 29 Mar 15 - No Cached
  • The nation’s top technology firms and a coalition of privacy groups are urging Congress to place curbs on government surveillance in the face of a fast-approaching deadline for legislative action. A set of key Patriot Act surveillance authorities expire June 1, but the effective date is May 21 — the last day before Congress breaks for a Memorial Day recess. In a letter to be sent Wednesday to the Obama administration and senior lawmakers, the coalition vowed to oppose any legislation that, among other things, does not ban the “bulk collection” of Americans’ phone records and other data.
  • We know that there are some in Congress who think that they can get away with reauthorizing the expiring provisions of the Patriot Act without any reforms at all,” said Kevin Bankston, policy director of New America Foundation’s Open Technology Institute, a privacy group that organized the effort. “This letter draws a line in the sand that makes clear that the privacy community and the Internet industry do not intend to let that happen without a fight.” At issue is the bulk collection of Americans’ data by intelligence agencies such as the National Security Agency. The NSA’s daily gathering of millions of records logging phone call times, lengths and other “metadata” stirred controversy when it was revealed in June 2013 by former NSA contractor Edward Snowden. The records are placed in a database that can, with a judge’s permission, be searched for links to foreign terrorists.They do not include the content of conversations.
  • That program, placed under federal surveillance court oversight in 2006, was authorized by the court in secret under Section 215 of the Patriot Act — one of the expiring provisions. The public outcry that ensued after the program was disclosed forced President Obama in January 2014 to call for an end to the NSA’s storage of the data. He also appealed to Congress to find a way to preserve the agency’s access to the data for counterterrorism information.
  • ...3 more annotations...
  • Despite growing opposition in some quarters to ending the NSA’s program, a “clean” authorization — one that would enable its continuation without any changes — is unlikely, lawmakers from both parties say. Sen. Ron Wyden (D-Ore.), a leading opponent of the NSA’s program in its current format, said he would be “surprised if there are 60 votes” in the Senate for that. In the House, where there is bipartisan support for reining in surveillance, it’s a longer shot still. “It’s a toxic vote back in your district to reauthorize the Patriot Act, if you don’t get some reforms” with it, said Rep. Thomas Massie (R-Ky.). The House last fall passed the USA Freedom Act, which would have ended the NSA program, but the Senate failed to advance its own version.The House and Senate judiciary committees are working to come up with new bipartisan legislation to be introduced soon.
  • The tech firms and privacy groups’ demands are a baseline, they say. Besides ending bulk collection, they want companies to have the right to be more transparent in reporting on national security requests and greater declassification of opinions by the Foreign Intelligence Surveillance Court.
  • Some legal experts have pointed to a little-noticed clause in the Patriot Act that would appear to allow bulk collection to continue even if the authority is not renewed. Administration officials have conceded privately that a legal case probably could be made for that, but politically it would be a tough sell. On Tuesday, a White House spokesman indicated the administration would not seek to exploit that clause. “If Section 215 sunsets, we will not continue the bulk telephony metadata program,” National Security Council spokesman Edward Price said in a statement first reported by Reuters. Price added that allowing Section 215 to expire would result in the loss of a “critical national security tool” used in investigations that do not involve the bulk collection of data. “That is why we have underscored the imperative of Congressional action in the coming weeks, and we welcome the opportunity to work with lawmakers on such legislation,” he said.
  • Paul Merrell on 29 Mar 15
     
    I omitted some stuff about opposition to sunsetting the provisions. They  seem to forget, as does Obama, that the proponents of the FISA Court's expansive reading of section 215 have not yet come up with a single instance where 215-derived data caught a single terrorist or prevented a single act of terrorism. Which means that if that data is of some use, it ain't in fighting terrorism, the purpose of the section.  Patriot Act § 215 is codified as 50 USCS § 1861, https://www.law.cornell.edu/uscode/text/50/1861 That section authorizes the FBI to obtain an iorder from the FISA Court "requiring the production of *any tangible things* (including books, records, papers, documents, and other items)."  Specific examples (a non-exclusive list) include: the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person." The Court can order that the recipient of the order tell no one of its receipt of the order or its response to it.   In other words, this is about way more than your telephone metadata. Do you trust the NSA with your medical records? 
Paul Merrell

More Americans see man who leaked NSA secrets as 'patriot' than traitor: Poll | Reuters - 0 views

www.reuters.com/...ity-poll-idUSBRE95B1AF20130612

surveillance state NSA Snowden prosecution polling jury-nullification

shared by Paul Merrell on 16 Jun 13 - No Cached
  • Roughly one in three Americans say the former security contractor who leaked details of top-secret U.S. surveillance activity is a patriot and should not be prosecuted, according to a Reuters/Ipsos poll released on Wednesday. Some 23 percent of those surveyed said former National Security Agency contractor Edward Snowden is a traitor while 31 percent said he is a patriot. Another 46 percent said they did not know.
  • In the Reuters/Ipsos poll, 35 percent of those surveyed said Snowden should not face charges while 25 percent said he should be prosecuted to the full extent of the law. Another 40 percent said they did not know.Snowden told the South China Post he intends to stay in Hong Kong and fight any effort to extradite him to the United States to face legal action.The online survey of 645 Americans was conducted on Tuesday and Wednesday. It has a credibility interval of plus or minus 4.4 percentage points for each result.
  • Paul Merrell on 16 Jun 13
     
    Hard to get a conviction when one out of 3 jurors see the defendant as a patriot and his "crime" as an act of patriotism. 
Paul Merrell

Senators accuse government of using 'secret law' to collect Americans' data | World new... - 0 views

www.guardian.co.uk/...es-clapper-nsa-data-collection

surveillance state NSA blowback senators Clapper

shared by Paul Merrell on 30 Jun 13 - No Cached
  • A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say.
  • "This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."This is the strongest attack yet from Congress since the disclosures began, and comes after Clapper admitted he had given "the least untruthful answer possible" when pushed on these issues by Senators at a hearing before the latest revelations by the Guardian and the Washington Post.In a press statement, the group of senators added: "The recent public disclosures of secret government surveillance programs have exposed how secret interpretations of the USA Patriot Act have allowed for the bulk collection of massive amounts of data on the communications of ordinary Americans with no connection to wrongdoing."
  • They said: "Reliance on secret law to conduct domestic surveillance activities raises serious civil liberty concerns and all but removes the public from an informed national security and civil liberty debate." A spokesman for the office of the director of national intelligence (ODNI) acknowledged the letter. "The ODNI received a letter from 26 senators this morning requesting further engagement on vital intelligence programs recently disclosed in the media, which we are still evaluating. The intelligence and law enforcement communities will continue to work with all members of Congress to ensure the proper balance of privacy and protection for American citizens."The letter was organised by Oregan Democrat Ron Wyden, a member of the intelligence committee, but includes four Republican senators: Mark Kirk, Mike Lee, Lisa Murkowski and Dean Heller.
  • ...3 more annotations...
  • They ask Clapper to publicly provide information about the duration and scope of the program and provide examples of its effectiveness in providing unique intelligence, if such examples exist.The senators also expressed their concern that the program itself has a significant impact on the privacy of law-abiding Americans and that the Patriot Act could be used for the bulk collection of records beyond phone metadata."The Patriot Act's 'business records' authority can be used to give the government access to private financial, medical, consumer and firearm sales records, among others," said a press statement.In addition to raising concerns about the law's scope, the senators noted that keeping the official interpretation of the law secret and the instances of misleading public statements from executive branch officials prevented the American people from having an informed public debate about national security and domestic surveillance.
  • The senators said they were seeking public answers to the following questions in order to give the American people the information they need to conduct an informed public debate. The specific questions include:• How long has the NSA used Patriot Act authorities to engage in bulk collection of Americans' records? Was this collection underway when the law was reauthorized in 2006?• Has the NSA used USA Patriot Act authorities to conduct bulk collection of any other types of records pertaining to Americans, beyond phone records?• Has the NSA collected or made any plans to collect Americans' cell-site location data in bulk?• Have there been any violations of the court orders permitting this bulk collection, or of the rules governing access to these records? If so, please describe these violations.
  • A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say."This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."
Paul Merrell

Tomgram: Nan Levinson, America's New Military Mystique | TomDispatch - 0 views

www.tomdispatch.com/...rica%27s_new_military_mystique

war & peace propaganda thank-you-for-your-service

shared by Paul Merrell on 17 Mar 15 - No Cached
  • Nan Levinson has spent a lot of time with the veterans of America’s recent wars and produced a new book in which they are neither simply heroes to be thanked nor victims to be pitied, but actors in their own complicated story. War Is Not a Game: The New Antiwar Soldiers and the Movement They Built offers a grunt’s eye view of this country’s two recent occupations -- in Iraq and Afghanistan -- and the complicated, unnerving world American soldiers face (including all those civilians thanking them) on returning home. Today, she considers what in the world we are to make of the new military mystique that envelops our country and the strange war culture that goes with it. Tom The Big Dick School of American Patriotism And What We Make of It By Nan Levinson
  • Nan Levinson’s new book, War Is Not a Game: The New Antiwar Soldiers and the Movement They Built (Rutgers University Press), is based on seven years she spent not-quite-embedded with military-related antiwar groups around the country. As a freelance journalist, she writes about the military, free speech, and other aspects of civil liberties, culture, and technology. She teaches journalism and fiction writing at Tufts University.
  • Paul Merrell on 17 Mar 15
     
    I get so expasperated by "thank you for your service" that I usually just respond that it would be good to inquire how someone feels about their "service" before they say "thank you for your service." There are many veterans who haven't fallen for the "hero" and "patriot" propaganda constantly being spread about "our troops" and "our veterans." Many of us are far less than proud of what we did in the military and the wars we fought. Anyone who repeats that horrible "thank you" slogan is in reality displaying just how ignorant they are of the reasons the U.S. goes to war and in my experience just as ignorant about how many millions of people we have killed and maimed, both military and civilians alike. Example: We killed over 3 million Vietnamese. The men and women we fought were true patriots. We were foreign invaders. I sum up the wisdom I gained from 27 months plus one day in Viet Nam as follows:  "When you find yourself part of an invading force in a foreign land fighting patriots, it's time for a reality check on your world view." The same could be just as accurately be said of those who say, "thank you for your service."   
Gary Edwards

The Patriot's Declaration - Voice of Essential Liberty - 0 views

patriotpost.us/...19

patriot Patriot-Post Patriotism Liberty-Amendments

shared by Gary Edwards on 29 Aug 13 - No Cached
  • that fiscal responsibility be enumerated in our Constitution by way of a Balanced Budget Amendment, including zero base-line accounting principles, to be put before the states and the people;
    • Gary Edwards
      Gary Edwards on 29 Aug 13
       
      If, under the "Enumerated Powers Act/Amendment", ALL legislation requires the siting of specific Constitutional authority, wouldn't that negate the need for a Balanced Budget Amendment?  Tons of outrageous stuff in the Federal Budget would need to be examined and properly "enumerated".  And that would put an end to it?  Just asking :)
  • that said Amendment contain a provision requiring a three-fifths majority of votes by members of Congress to raise direct or indirect taxes, and acknowledgment that the legislature has no authority to raise taxes for purposes that are not expressly authorized by the Constitution;
  • that said Amendment contain a provision that direct taxes be levied at an equal ratio to all Americans, ensuring that the cost-burden of government is shared equally by all, and consistent with Article I, Section 9, which provides "No Bill of Attainder or ex post facto Law shall be passed" which would unduly single out individuals or minority groups for undue punishment;
  • ...17 more annotations...
  • that said Amendment contain a provision that the withholding of taxes by an employer is the option of the taxpayer;
  • EIGHTH
  • that said Amendment acknowledge the interdependence of economic freedom and political freedom by provision that any bill before Congress must enumerate its implications against the exercise of free enterprise;
  • NINTH
  • Legislature Accountability Amendment
  • that a
  • to establish term limits for all members of Congress, similar to that of the 22nd Amendment, Section 1, limiting terms for the Executive, be put before the states and the people; and,
  • TENTH
  • Rule of Law
  • because
  • established through the Laws of Nature and of Nature's God, entitles the People to unalienable Rights including Life, Liberty and the pursuit of Happiness, and severely limits the government from any infringement upon those rights, then any member of the executive, legislative or judicial branch in violation of the Rule of Law established through our Constitution, is subject to impeachment and criminal prosecution.
    • Gary Edwards
      Gary Edwards on 29 Aug 13
       
      YES!!! Now we're talking tough.
  • THUS, be it known that for the support of this Declaration in defense of the Rule of Law established by our Constitution, it is, with firm reliance on the protection of divine Providence, that we mutually pledge to each other our Lives, our Fortunes and our sacred Honor
  • Note to signers: The Patriot Declaration is not a petition. It is a "Declaration of Cause and Necessity" and stands on its own as an resolution of intent for all who sign it, as due notice for those who would abandon their oath to "Support and Defend the Constitution" and abuse their office to the detriment of individual liberty and states rights.
  • Preamble to the Patriot Declaration
  • Patriot Declaration
  • THEREFORE BE IT RESOLVED,
  • We the People of these United States, in order to restore a more perfect Union, re-establish Justice, re-insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, pledge to support and defend the Constitution of the United States of America, as established at great cost in lives and treasure by our Founders and defended by generations since, and we demand that those in the Executive, Legislative and Judicial branches of our national government, likewise honor their oaths, and commit to undertake the following actions to restore constitutional integrity and Rule of Law:
Gary Edwards

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

www.blacklistednews.com/...M.html

blacklistednews Banksters Edward-Snowden Federal-Reserve-Bankster-Cartel Globalist-Elites

shared by Gary Edwards on 18 Oct 13 - No Cached
  • Gary Edwards on 18 Oct 13
     
    I was going through my email, trying to clean things up, and hit on this post from a member of the Bay Area Patriots, Nina Ortega. Like many Tea Party patriots, Nina is a Libertarian. The letter itself though is stunning. Maybe the most heartfelt cry of an American patriot I have ever read. Using lots of Quotes, and some very colorful language, the author, Jim Quinn responds to the Edward Snowden controversy, arguing that this brave patriot's courgage is on a par with that of the founding fathers. And those accusing him are the real traitors. Great stuff. Take some time, and let it all out. intro: "There are weeks that change the course of human history. There are weeks when people must choose sides. There are weeks that expose the real American traitors. There is no middle ground in this debate. You are either on the side of freedom, liberty, truth, transparency and the U.S. Constitution or you are on the side of mindless obedience, oppression, deception, corruption and tyranny. A courageous young Millennial named Edward Snowden has risked his life and his future to expose the illegal, surreptitious surveillance programs being conducted by the United States government in clear violation of the 4th Amendment to the U.S. Constitution. The NSA, with the full knowledge of Barack Obama and Congress, has been covertly collecting phone and internet records on millions of Americans with the full cooperation of Verizon and other mega media/data corporations. Our owners have been using the U.S. Constitution to wipe their asses. The 4th Amendment to the U.S. Constitution is so unambiguous that any intelligent politician, bright journalist or fifth grader in Miss Sabatini's history class could interpret its meaning and intention. Our founding fathers believed in truth, clarity and simplicity. The traitorous sociopaths in control of our government today believe in obfuscation, ambiguity and complexity."
Gary Edwards

Tyranny? What Tyranny? - The Patriot Post - 0 views

patriotpost.us/18095

Tea-Party-Patriots Patriot-Post Socialism

shared by Gary Edwards on 09 May 13 - No Cached
  • Gary Edwards on 09 May 13
     
    Like most concerned citizens, my inbox is overflowing with Tea Party - Libertarian - Conservative news and articles.  Lots of shrill tones and emotional angst, and there is no doubt in my mind that the socialists are trying to push this country into open rebellion and civil war.  It's the only way they get to totally discard the Constitution and Bill of Rights.   Sanity for me has become the study of our history, and the long hard march toward freedom and individual liberty our forefathers made.  The Patriot Post is one of the few publications I've found that can consistently link the socialist civil war and globalist events of the day to the cultural and historical legacy of that great march towards individual liberty and freedom.  This most recent article hit me between the eyes.  Maybe someday I'll understand why this kind of discussion shakes me to the core.  For now though, I hope you'll give it some consideration.  And like me try to stay calm in the midst of Benghazigate, Fast and Furious, ObamaCare and the incredible avalanche of daily assaults on our Constitution and the individual liberties that great document was designed to protect and defend. excerpt: "From the days of Woodrow Wilson to those of Barack Obama, and encompassing all the "progressives" in between, taxpayer-funded academic institutions have been the breeding ground for generations of socialists. For most leftists, the crucial years that cemented their worldview were the ones they spent in our nation's colleges and universities. Given that some substantial number of the adoring, bright-eyed beneficiaries of Obama's rhetoric have no concept of Essential Liberty and its antithesis, tyranny, let me take apart the selected excerpt of Obama's oration and provide those graduates with an introductory lesson in Liberty. After all, most of the class of 2013 will have plenty of time to contemplate this lesson, as more than half of college and university graduates entering the "Obamanomic
Gary Edwards

Lawfare › NDAA FAQ: A Guide for the Perplexed - 1 views

www.lawfareblog.com/...-faq-a-guide-for-the-perplexed

NDAA Patriot-AUMF Obammunism

shared by Gary Edwards on 06 Jan 12 - No Cached
  • Gary Edwards on 06 Jan 12
     
    Good legal commentary on the NDAA.  A couple of things are overlooked though.  One is that neither the Senate, House or Executive Branch of government has the authority to suspend, change or alter in any way through a bill, regulation or other instrument of law, the Constitution.  The only Constitutional means of changing the Constitution (or Bill of Rights amendments) is that of amending the Constitution.  A ratification process process requiring super majorities of Congress (67%) and the States (75%).
    IMHO, both the NDAA and the Patriot-Act AUMF are un-Constitutional.  But as the Lawfare article points out, on those few occasions where this crap has been legally challenged, the Courts have upheld Habeas Corpus and the Constitution.
    The more troublesome aspect of the NDAA is twofold.  One is that Obama assumes that the AUMF has already given him legal authority to stomp on the Posse Comitatus Act, and use the federal military as his own domestic police force.  Obama has also stated that under the 2001 AUMF, he can assault, arrest and detain any citizen indefinitely, without charges, writ of Habeas Corpus, or warrant.  (See Jonathan Hurley's account of the the legal seminar where Obama representatives explained their interpretation of AUMF, the Patriot Act and NDAA).  
    That's a scary interpretation of the AUMF quite out of line with Bush understanding and actual implementation, and, more importantly, how the Courts ruled on Bush's actions in support of the Constitution. Anyone know where i can sign on to a petition presenting a Bill of Particulars for Articles of Impeachment?  It's past time. NDAA FAQ: A Guide for the Perplexed by Benjamin Wittes (Benjamin Wittes & Robert Chesney)
    The volume of sheer, unadulterated nonsense zipping around the internet about the NDAA boggles the mind. There was a time-only a few months ago-when the NDAA detention provisions were the obscure province of a small group of national security law nerds.
Paul Merrell

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

firstlook.org/...usa-freedom-act

surveillance state NSA-reform USA-Freedom-Act legislation

shared by Paul Merrell on 14 May 15 - No Cached
  • After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
  • However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
  • “While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
  • ...2 more annotations...
  • Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
  • The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
  • Paul Merrell on 14 May 15
     
    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
Gary Edwards

The Empire Takes a Hit: NSA Update - 2 views

........................................................................................ NSA Conversation with retired lawyer and Open Source legal expert, "Marbux". ...........................

Federal-Reserve-Bankster-Cartel NSA

started by Gary Edwards on 15 Jun 13 no follow-up yet
Paul Merrell

Prospects dim for 11th-hour PATRIOT Act deal - Burgess Everett and Seung Min Kim - POLI... - 0 views

www.politico.com/...r-patriot-act-deal-118300.html

surveillance state NSA sunset-section-215 legislation

shared by Paul Merrell on 27 May 15 - No Cached
  • The PATRIOT Act is going to need a miracle to survive the weekend unscathed. Backers of the post-9/11 anti-terror measure are scrambling this week to prevent the law’s key surveillance programs from lapsing at midnight Sunday. But with the Senate not slated to return to Washington until just hours before that deadline, opponents like Sens. Rand Paul (R-Ky.) and Ron Wyden (D-Ore.) showing no signs of budging, and the House so far unwilling to bail out the upper chamber, the prospects for an eleventh-hour breakthrough look slim.
  • “Our options are a lot more limited” given the time constraints, said Utah Sen. Mike Lee, the chief Republican backer of the bill in the Senate. “We can either let the provisions at issue expire, or we can pass the House-passed USA Freedom Act.” The problem is that doing anything ahead of the midnight deadline would take the cooperation of all 100 senators. That’s hardly a given since Paul is still insisting that McConnell allow votes on privacy-related amendments, and Wyden has vowed to block any clean extension of what he calls a “bad law.”
  • n an appearance in Kentucky on Tuesday, McConnell acknowledged the strong support for the USA Freedom Act “makes it pretty challenging to extend the law as it is.” In Washington, top Republican aides could not — or would not — explain how the Senate will escape the fix beyond the possibility that Senate leaders can somehow persuade Paul and Wyden to stop blocking a PATRIOT Act extension with the promise of a robust Senate debate to follow.
  • ...3 more annotations...
  • The 57-42 vote in the Senate on the USA Freedom Act has its backers tasting victory. Sen. Mark Kirk (R-Ill.) switched his vote on the floor to “no” but indicated afterward that he had been “inclined” to let the House bill proceed. Sen. Mike Enzi (R-Wyo.) missed the late-night votes but signaled in a statement released by his office that he would support changes to bulk collection. Backers have also eyed Republican Sens. Bill Cassidy of Louisiana and John Boozman (R-Ark.) as potential votes in favor. Aides to the two lawmakers didn’t return requests seeking comment on Tuesday. “Some of those members voted ‘no’ on Friday night,” Lee said. “I suspect that now that we’re in this posture, some of those might flip.”
  • The reform bill stalled, yet there appears to be a path to 60 if McConnell allows another vote and stops advocating against it. Sen. Steve Daines (R-Mont.), for one, said he expects another attempt Sunday to break a filibuster on the USA Freedom Act.
  • The more immediate question is what happens on Sunday. If the Senate passes anything other than the USA Freedom Act as it stands, the House would need to agree to go along — which might be impossible given that the chamber isn’t scheduled to return until Monday. Some privacy advocates have a backup plan for Congress: Don’t do anything at all. “If Congress can’t coalesce around far-reaching changes,” said Neema Singh Guliani, the legislative counsel for the American Civil Liberties Union, “they should allow the expiring provisions of the PATRIOT Act to sunset.”
Paul Merrell

Edward Snowden: A 'Nation' Interview | The Nation - 0 views

www.thenation.com/...wden-exile-exclusive-interview

surveillance state Snowden-interview

shared by Paul Merrell on 30 Oct 14 - No Cached
  • Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
  • From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
  • The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
  • ...14 more annotations...
  • The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
  • Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
  • The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
  • The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
  • The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
  • The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
  • The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
  • The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
  • As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
  • The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
  • The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
  • The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
  • The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
  • The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be 
addressed.
  • Paul Merrell on 30 Oct 14
     
    Remarkable interview. Snowden finally gets asked some questions about politics. 
Gary Edwards

10 Reasons The U.S. Is No Longer The Land Of The Free « JONATHAN TURLEY - 1 views

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Jonathan-Turley Liberty-Tryanny

shared by Gary Edwards on 24 Jan 12 - No Cached
  • Gary Edwards on 24 Jan 12
     
    Constitutional legal scholar Jonathan Turley examines the unconstitutional changes the Federal government has instituted since 911.  Chilling stuff.  Here is the short list: .. Assassination of US Citizens .. Arbitrary Justice .. Warrantless Searches .. Secret evidence .. Secret courts .. War crimes (violations of the Nuremberg principles of International Law) .. Immunity from judicial review ..Continual (and warrantless) monitoring of citizens .. Extraordinary renditions Turley asks how can we continue to consider America the land of the free when the Federal government continues to compromise our freedoms on a scale only seen in despotic military tyrannies?  Like China, Cuba and Pakistan?   I've been following the post and comments of the Bay Area Patriot group, a local Tea Party offshoot.  It's incredible how so many members continue to be swept up in 911 mania, demanding more military actions in more places.  As if the ten years of war in Afghansitan and Iraq have left our country safe in our way of life and secure in our freedoms.  Just the opposite is happening, as Professor Turley so thoroughly details.  Yet, they cry for more war.  Then proudly claim their status as Tea Party Patriots taking action to restore America and USA Constitution.   What was Einstein's definition of insanity?  :) excerpt: The column addresses how the continued rollbacks on civil liberties in the United States conflicts with the view of the country as the land of the free.  If we are going to adopt Chinese legal principles, we should at least have the integrity to adopt one Chinese proverb: "The beginning of wisdom is to call things by their right names."  We seem as a country to be in denial as to the implications of these laws and policies.  Whether we are viewed as a free country with authoritarian inclinations or an authoritarian nation with free aspirations (or some other hybrid definition), we are clearly not what we once were.
Gary Edwards

It's the Profiling, Stupid! - The Patriot Post - 0 views

patriotpost.us/18651

NSA NSA-Patriot-Act-NDAA

shared by Gary Edwards on 13 Jun 13 - No Cached
  • Gary Edwards on 13 Jun 13
     
    Good article briefly describing th ehistory of the NSA and how it has evolved to the politicized monster it has become today. excerpt: "Last week, Barack Hussein Obama deflected new concerns about the National Security Administration's intrusive domestic data-mining operations, saying, "If people can't trust ... the executive branch ... to make sure we're abiding by the Constitution, due process, and rule of law, then we're going to have some problems here." Barack, we have some problems here. Of course, trusting the Executive Branch is not the issue. The problem is Obama's life-long record of deceit and deception, and his utter contempt for Rule of Law. Amidst recent revelations that Obama's black-bag cutouts inspired his "low-level" union cadres at the IRS to target his Patriot and Tea Party political enemies list, and scripted a cover-up of the Benghazi murders in order that it not derail his 2012 re-election campaign momentum, is it conceivable that his "low-level" union cadres at the NSA might collect intelligence data on U.S. citizens to profile those whom oppose Obama? As with the other scandals, Obama's political handlers and their Leftmedia talkingheads are obfuscating the facts regarding NSA data collection. They ignore legitimate civil liberty concerns, and focus instead on the question of whether such data is essential to our national security. Allow me to reframe a quote from James "Ragin' Cajun" Carville's political playbook about focusing on the big issue, and adapt it for the big data debate: "It's the profiling, stupid!" The question is not whether intelligence data collection is critical to our nation's ability to defend itself -- good intelligence is, and has always been a critical component of national defense and security. The overarching questions are, what is the scope of domestic NSA intelligence gathering, and what is the potential for an administration to use that information to profile and target political opponents? Here is a ver
Gary Edwards

Arnold Ahlert: The Real American Divide - The Patriot Post - 0 views

patriotpost.us/44059

Angelo-Codevilla Ruling-Class Country-Class Patriotism

shared by Gary Edwards on 04 Aug 16 - No Cached
  • Nancy Pelosi and Hillary Clinton provided great examples of the Ruling Class' arrogant mindset. Pelosi believes, as she stated last week, that white, non-college-educated men who vote Republican have “voted against their own economic interests because of guns, because of gays, and because of God — the three G’s, God being the woman’s right to choose.” Clinton was worse. Regarding abortion on demand, she insisted last year that “deep-seated cultural codes, religious beliefs and structural biases have to be changed.” In other words, one embraces the progressive elitist viewpoint, or one is a religiously inspired bigot with a passé worldview that must be demolished. Thus it is no surprise these elitists conflate anything that dissents from their globalist agenda as a “world of wall-builders,” who have “already done great damage,” states The Economist. That damage includes the Brexit, the rise of nationalist (read: right-wing) parties, and “more electoral victories for closed-world types who pose the greatest threat since Communism.” In other words, elitists disdain national sovereignty and democratically determined destiny, logical responses to skyrocketing levels of elitist-enabled terrorism and uncontrolled immigration, and deeply felt concerns by non-elitists about a global economy that has devastated millions left behind in its wake.
  • The Ruling Class “solutions” for Country Class problems? “Let goods and investment flow freely, but strengthen the social safety-net to offer support and new opportunities for those whose jobs are destroyed,” The Economist states. “To manage immigration flows better, invest in public infrastructure, ensure that immigrants work and allow for rules that limit surges of people.” Codevilla explains what this really means, noting that “our Ruling Class' first priority in any and all matters, its solution to any and all problems, is to increase the power of the government — meaning those who run it, meaning themselves.” To achieve that end, new laws are longer than ever, “because length is needed to specify how people will be treated unequally.” Thus, these laws become “primarily grants of discretion,” because “all anybody has to know about them is whom they empower.” Codevilla adds, “This defines ‘crony capitalism.’”
  • If that sounds familiar, maybe it’s because WikiLeak emails reveal the DNC granted itself the sole discretion to empower Hillary Clinton’s presidential nomination, right from the beginning. Thus, when Hillary spoke of “bringing people together” during her speech at the convention, it was really about doing so on her and her fellow insiders' terms. And when she promised to get money out of politics, it can be assumed the billions of dollars that have flowed into the Clinton Foundation — dollars that conspicuously align themselves with a number of dubious initiatives — will remain exempt, even as another sham investigation of Clinton behavior conducted by an equally corrupted IRS lends an imprimatur of genuine concern to the spectacle. “If Americans, or at least a majority of them, have not completely lost their own self-regard as a free people, then the November election should turn out to be a referendum on the ‘ruling class,’ and a massive repudiation of Hillary Clinton’s sense of entitlement to be the first woman elected President of the United States,” writes American Thinker’s Salim Mansur. Perhaps. But traditional thinking dies hard. And a corrupt mainstream media — epitomized by CNN anchor Wolf Blitzer and Chief Political Analyst Gloria Borger drinking wine and celebrating with Democrat delegates at the convention’s conclusion — isn’t about to jeopardize their own Ruling Class status to provide the Country Class with any potentially unifying political insight. Which brings us to Donald Trump. In exclusive communication with The Patriot Post, Codevilla maintained there were no circumstances under which he could support Hillary or any other Democrat, but his view of Trump “is more unfavorable than ever.” He does, however, grant that Trump “is the lesser of two evils.” He sees both candidates as “identical in their disregard for the U.S. Constitution and in the establishment of a post-republican regime — an empire of the will, by of and for favored sectors of the ruling class.”
  • ...3 more annotations...
  • No doubt Codevilla’s take resonates with millions of Americans appalled by a broken, Ruling Class-dominated political system that produced both candidates. Yet realistically, we are faced with a binary choice, made by either commission or omission. And while Codevilla believes “there is no vehicle for opposition” as yet to a Ruling Class “represented by the establishment of both parties,” our own Mark Alexander warns that “the outcome of the November election will not only determine our president for at least the next four years, but also the composition of the Supreme Court for at least the next quarter-century.” That quarter century could be one in which a constitutionally contemptuous Supreme Court majority appointed by Hillary Clinton makes representative government obsolete, and eliminates any chance, short of armed revolution, for the Country Class to take America back from the Ruling Class. A nation where, as Ayn Rand put it, “The government is free to do anything it pleases, while the citizens may act only by permission.” A Trump presidency may be nothing more than a distasteful, bite-the-bullet
  • impediment to Ruling Class hegemony. But it is better than no impediment at all.
  • “While most Americans pray to the God who created us in His own image, our Ruling Class prays to themselves as saviors of the planet and as shapers of mankind in their own image.” —from The Ruling Class: How They Corrupted America and What We Can Do About It by Angelo Codevilla, 2010. While many still frame the 2016 election in terms of Democrats vs. Republicans, those divisions are losing their meaning. This election could be the first one in which Americans will either choose to continue abiding a globalist Ruling Class and their government-dominant, one-world agenda, or decide that national sovereignty, the Constitution and American exceptionalism and individualism are worth preserving. To be clear, nationalism does not equal protectionism, nativism or Islamophobia, nor is it solely embraced by know-nothing rubes unworthy of serious consideration — despite the ongoing efforts of the Ruling Class to paint it that way. Codevilla calls people who oppose the Ruling Class the Country Class, and he describes it as a diverse, often inharmonious group that “shares above all the desire to be rid of rulers it regards as inept and haughty.”
  • Gary Edwards on 04 Aug 16
     
    ""While most Americans pray to the God who created us in His own image, our Ruling Class prays to themselves as saviors of the planet and as shapers of mankind in their own image." -from The Ruling Class: How They Corrupted America and What We Can Do About It by Angelo Codevilla, 2010. While many still frame the 2016 election in terms of Democrats vs. Republicans, those divisions are losing their meaning. This election could be the first one in which Americans will either choose to continue abiding a globalist Ruling Class and their government-dominant, one-world agenda, or decide that national sovereignty, the Constitution and American exceptionalism and individualism are worth preserving. To be clear, nationalism does not equal protectionism, nativism or Islamophobia, nor is it solely embraced by know-nothing rubes unworthy of serious consideration - despite the ongoing efforts of the Ruling Class to paint it that way. Codevilla calls people who oppose the Ruling Class the Country Class, and he describes it as a diverse, often inharmonious group that "shares above all the desire to be rid of rulers it regards as inept and haughty." Ruling Class haughtiness, argues Codevilla, derives from "an educational system that exposed them to the same ideas and gave them remarkably uniform guidance," and engenders "a social canon of judgments about good and evil, complete with secular sacred history, sins … and saints," all conveyed in an "in" language that serves as their "badge of identity." Irrespective of their professions, the Ruling Class is also united by the reality that "their road up included government channels and government money. … Hence, whether formally in government, out of it, or halfway in, America's Ruling Class speaks the language and has the tastes, habits, and tools of bureaucrats." Just as critically, this "fraternity" can only be joined by one who Codevilla says "shares the manners, the tastes, and the i
Gary Edwards

You Won't BELIEVE What's Going On with Government Spying on Americans - BlackListedNews... - 1 views

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NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden Tyranny-by-Executive-Order spying

shared by Gary Edwards on 20 Aug 13 - No Cached
  • Gary Edwards on 20 Aug 13
     
    "New Revelations Are Breaking Every Day" This web page is very well sourced and filled with links where you will get lost for hours. Excellent reference document ............................ Revelations about the breathtaking scope of government spying are coming so fast that it's time for an updated roundup: - Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year - 2 Senators on the intelligence committee said the violations revealed in the Post article were just the "tip of the iceberg" - Glenn Greenwald notes:  "One key to the WashPost story: the reports are internal, NSA audits, which means high likelihood of both under-counting & white-washing".(Even so, the White House tried to do damage control by retroactively changing on-the-record quotes) - The government is spying on essentially everything we do. It is not just "metadata" … although that is enough to destroy your privacy - The government has adopted a secret interpretation of the Patriot Act which allows it to pretend that "everything" is relevant … so it spies on everyone - NSA whistleblowers say that the NSA collects all of our conversations word-for-word - It's not just the NSA … Many other agencies, like the FBI and IRS - concerned only with domesticissues - spy on Americans as well - The information gained through spying is shared with federal, state and local agencies, and they are using that information to prosecute petty crimes such as drugs and taxes.  The agencies are instructed to intentionally "launder" the information gained through spying, i.e. to pretend that they got the information in a more legitimate way … and to hide that from defense attorneys and judges - Top counter-terror experts say that the government's mass spying doesn't keep us
Paul Merrell

NSA surveillance may be legal - but it's unconstitutional - The Washington Post - 0 views

www.washingtonpost.com/...2-a73e-826d299ff459_print.html

surveillance state NSA constitutional law law

shared by Paul Merrell on 22 Jun 13 - No Cached
  • Laura K. Donohue is a professor at Georgetown University Law Center and director of Georgetown’s Center on National Security and the Law. The National Security Agency’s recently revealed surveillance programs undermine the purpose of the Foreign Intelligence Surveillance Act, which was established to prevent this kind of overreach. They violate the Fourth Amendment’s guarantee against unreasonable search and seizure. And they underscore the dangers of growing executive power.
  • Another program, PRISM, disclosed by the Guardian and The Washington Post, allows the NSA and the FBI to obtain online data including e-mails, photographs, documents and connection logs. The information that can be assembledabout any one person — much less organizations, social networks and entire communities — is staggering: What we do, think and believe.The government defends the programs’ legality, saying they comply with FISA and its amendments. It may be right, but only because FISA has ceased to provide a meaningful constraint.Under the traditional FISA, if the government wants to conduct electronic surveillance, it must make a classified application to a special court, identitying or describing the target. It must demonstrate probable cause that the target is a foreign power or an agent thereof, and that the facilities to be monitored will be used by the target.In 2008, Congress added section 702 to the statute, allowing the government to use electronic surveillance to collect foreign intelligence on non-U.S. persons it reasonably believes are abroad, without a court order for each target. A U.S. citizen may not intentionally be targeted.To the extent that the FISC sanctioned PRISM, it may be consistent with the law. But it is disingenuous to suggest that millions of Americans’ e-mails, photographs and documents are “incidental” to an investigation targeting foreigners overseas.
  • Another program, PRISM, disclosed by the Guardian and The Washington Post, allows the NSA and the FBI to obtain online data including e-mails, photographs, documents and connection logs. The information that can be assembledabout any one person — much less organizations, social networks and entire communities — is staggering: What we do, think and believe.The government defends the programs’ legality, saying they comply with FISA and its amendments. It may be right, but only because FISA has ceased to provide a meaningful constraint.
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  • Under the traditional FISA, if the government wants to conduct electronic surveillance, it must make a classified application to a special court, identitying or describing the target. It must demonstrate probable cause that the target is a foreign power or an agent thereof, and that the facilities to be monitored will be used by the target.In 2008, Congress added section 702 to the statute, allowing the government to use electronic surveillance to collect foreign intelligence on non-U.S. persons it reasonably believes are abroad, without a court order for each target. A U.S. citizen may not intentionally be targeted.To the extent that the FISC sanctioned PRISM, it may be consistent with the law. But it is disingenuous to suggest that millions of Americans’ e-mails, photographs and documents are “incidental” to an investigation targeting foreigners overseas.The telephony metadata program raises similar concerns. FISA did not originally envision the government accessing records. Following the 1995 Oklahoma City bombing, Congress allowed applications for obtaining records from certain kinds of businesses. In 2001, lawmakers further expanded FISA to give the government access to any business or personal records. Under section 215 of the Patriot Act, the government no longer has to prove that the target is a foreign power. It need only state that the records are sought as part of an investigation to protect against terrorism or clandestine intelligence.
  • The telephony metadata program raises similar concerns. FISA did not originally envision the government accessing records. Following the 1995 Oklahoma City bombing, Congress allowed applications for obtaining records from certain kinds of businesses. In 2001, lawmakers further expanded FISA to give the government access to any business or personal records. Under section 215 of the Patriot Act, the government no longer has to prove that the target is a foreign power. It need only state that the records are sought as part of an investigation to protect against terrorism or clandestine intelligence.This means that FISA can now be used to gather records concerning individuals who are neither the target of any investigation nor an agent of a foreign power. Entire databases — such as telephony metadata — can be obtained, as long as an authorized investigation exists.Congress didn’t pass Section 215 to allow for the wholesale collection of information. As Rep. F. James Sensenbrenner Jr. (R-Wis.), who helped draft the statute, wrote in the Guardian: “Congress intended to allow the intelligence communities to access targeted information for specific investigations. How can every call that every American makes or receives be relevant to a specific investigation?”As a constitutional matter, the Supreme Court has long held that, where an individual has a reasonable expectation of privacy, search and seizure may occur only once the government has obtained a warrant, supported by probable cause and issued by a judge. The warrant must specify the places to be searched and items to be seized.
  • There are exceptions to the warrant requirement. In 1979 the court held that the use of a pen register to record numbers dialed from someone’s home was not a search. The court suggested that people who disclose their communications to others assume the risk that law enforcement may obtain the information.More than three decades later, digitization and the explosion of social-network technology have changed the calculus. In the ordinary course of life, third parties obtain massive amounts of information about us that, when analyzed, have much deeper implications for our privacy than before.As for Section 702 of FISA, the Supreme Court has held that the Fourth Amendment does not protect foreigners from searches conducted abroad. But it has never recognized a foreign intelligence exception to the warrant requirement when foreign-targeted searches result in the collection of vast stores of citizens’ communications.Americans reasonably expect that their movements, communications and decisions will not be recorded and analyzed by the government. A majority of the Supreme Court seems to agree. Last year, the court considered a case involving 28-day GPS surveillance. Justice Samuel Alito suggested that in most criminal investigations, long-term monitoring “impinges on expectations of privacy.” Justice Sonia Sotomayor recognized that following a person’s movements “reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.”The FISC is supposed to operate as a check. But it is a secret court, notorious for its low rate of denial. From 1979 to 2002, it did not reject a single application. Over the past five years, out of nearly 8,600 applications, only two have been denied.
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

www.filmsforaction.org/...me_to_postconstitution_america

NSA-Patriot-Act-NDAA NSA-Whistleblower post-Constitutional-America Peter-Van-Buren

shared by Gary Edwards on 11 Aug 13 - No Cached
  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
  • Gary Edwards on 11 Aug 13
     
    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Gary Edwards

California Government Hides Billions From Taxpayers « REALITY BLOG - 0 views

realitybloger.wordpress.com/...-hides-billions-from-taxpayers

Clint-Richardson Bay-Area-Patriots California-Budget California-Debt-Deception

shared by Gary Edwards on 26 May 12 - No Cached
  • Gary Edwards on 26 May 12
     
    This must read post from Clint Richardson is a Bay Area Patriots catch.  Stunning stuff.  Clint walks us through the CAFR - Comprehensive Annual Rinancial Report - for the State of California.  Governor Moonbeam is claiming that the State has a $16 Trillion dollar debt, and he's threatening to shut down public education unless California citizens agree to massive tax hikes.  Clint rips through the entire annual report discovering that Gov Moonbeam is not only lying, but that there is an official "debt increase" methodology in place to deceive citizens into voting for government seizure of their property and prosperity.  Note also that this local-state-federal "debt bomb" methodology involves conversion of tax dollars into hard assets.  Like property and productive assets.  Awful, reprehensible stuff.  Brace yourselves. excerpt: the Government is lying to you.  It promotes debt and hides assets. This should not be construed as the only hidden wealth in the California State government… just the wealth we have uncovered today. And you must understand that this is only the State government's CAFR. Each County, city, district, and other local governments and pension funds have their own CAFR's with their own funds and hidden wealth - hidden in plain sight. Totals for Los Angeles, San Francisco, and other counties and municipalities in California will, when combined together, dwarf the investment wealth of the State government alone. They will tell you that some of these investments are restricted and not able to be used for taxpayer services. And as a taxpayer, that should really piss you off! They will also tell you that laws are in place that don't allow these funds to be transferred for other purposes other than what they are designated for. And yet Obama and State legislators continuously speak of raiding the pension funds for their own benefit. In their opinion, it's government's money after all, not the employees or the taxpayers. But of
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