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When the Sheriff seizes property from a Citizen under the non-authority of the IRS agent, the Sheriff has committed a Second Degree Felony, Conversion of Property.

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.

Comey is lionised in DC for one challenge over liberties. Yet he backed waterboarding, wire-tapping and indefinite detention

It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General John Ashcroft.There, he eventually confronted White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, who were trying to get the pancreatitis-stricken Ashcroft to renew a still secret and illegal surveillance program on Americans' electronic communications. Neither Ashcroft nor Comey, then acting attorney general because of Ashcroft's condition, would reauthorize the program. When Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.The threats worked: President Bush blinked, and Comey won modifications to the secret surveillance program that he felt brought it into compliance with the law. This event, now the stuff of DC legend, has solidified Comey's reputation as a "civil liberties superhero", in the words of CNN's Jake Tapper, and may be one of the reasons President Obama nominated him Friday to be the next director of the FBI.

There's one very big problem with describing Comey as some sort of civil libertarian: some facts suggest otherwise. While Comey deserves credit for stopping an illegal spying program in dramatic fashion, he also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention.On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure". The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law.

Senior Obama administration officials have secretly authorized the interception of communications carried on portions of networks operated by AT&T and other Internet service providers, a practice that might otherwise be illegal under federal wiretapping laws. The secret legal authorization from the Justice Department originally applied to a cybersecurity pilot project in which the military monitored defense contractors' Internet links. Since then, however, the program has been expanded by President Obama to cover all critical infrastructure sectors including energy, healthcare, and finance starting June 12. "The Justice Department is helping private companies evade federal wiretap laws," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which obtained over 1,000 pages of internal government documents and provided them to CNET this week. "Alarm bells should be going off." Those documents show the National Security Agency and the Defense Department were deeply involved in pressing for the secret legal authorization, with NSA director Keith Alexander participating in some of the discussions personally. Despite initial reservations, including from industry participants, Justice Department attorneys eventually signed off on the project.

The Justice Department agreed to grant legal immunity to the participating network providers in the form of what participants in the confidential discussions refer to as "2511 letters," a reference to the Wiretap Act codified at 18 USC 2511 in the federal statute books. The Wiretap Act limits the ability of Internet providers to eavesdrop on network traffic except when monitoring is a "necessary incident" to providing the service or it takes place with a user's "lawful consent." An industry representative told CNET the 2511 letters provided legal immunity to the providers by agreeing not to prosecute for criminal violations of the Wiretap Act. It's not clear how many 2511 letters were issued by the Justice Department. In 2011, Deputy Secretary of Defense William Lynn publicly disclosed the existence of the original project, called the DIB Cyber Pilot, which used login banners to inform network users that monitoring was taking place. In May 2012, the pilot was turned into an ongoing program -- broader but still voluntary -- by the name of Joint Cybersecurity Services Pilot, with the Department of Homeland Security becoming involved for the first time. It was renamed again to Enhanced Cybersecurity Services program in January, and is currently being expanded to all types of companies operating critical infrastructure.

Paul Rosenzweig, a former Homeland Security official and founder of Red Branch Consulting, compared the NSA and DOD asking the Justice Department for 2511 letters to the CIA asking the Justice Department for the so-called torture memos a decade ago. (They were written by Justice Department official John Yoo, who reached the controversial conclusion that waterboarding was not torture.) "If you think of it poorly, it's a CYA function," Rosenzweig says. "If you think well of it, it's an effort to secure advance authorization for an action that may not be clearly legal." A report (PDF) published last month by the Congressional Research Service, a non-partisan arm of Congress, says the executive branch likely does not have the legal authority to authorize more widespread monitoring of communications unless Congress rewrites the law. "Such an executive action would contravene current federal laws protecting electronic communications," the report says.

The American Israel Public Affairs Committee (AIPAC) has published the list of senators who so far have agreed to co-sponsor the Nuclear Weapon Free Iran Act of 2013, aka the Wag the Dog Act of 2014. You’ll recall that the initial list, which was introduced by its principal engineers, Sens. Mark Kirk and Robert Menendez, Dec 19, included 26 co-sponsors equally divided between Democrats and Republicans, to which newly elected New Jersey Sen. Cory Booker quickly added his name. Since then, 20 other senators — all Republicans, unsurprisingly — have added their names, for a grand total of 47 — still short of a majority, let alone one that could survive an Obama veto that the White House has already committed the president to cast if the bill is passed in its present form. According to the AIPAC list, which is reproduced below, 53 senators, including 36 Democrats and the two independents who normally vote with the Democratic caucus, have not agreed to co-sponsor the bill, or, in the dreaded moniker used by AIPAC to score lawmakers’ voting records (presumably for the benefit of the “pro-Israel” PACs that decide how to dole out campaign cash), are labeled “DNC.” They will undoubtedly be the top targets for AIPAC’s legendary powers of persuasion when the Senate reconvenes early next week.

What is remarkable about this list, however, is that very few of the 47 co-sponsors have chosen to publicize their support for the bill to their constituents through local media or other means. A handful of the original co-sponsors put out press releases, as did Rob Portman, a late joiner. Lamar Alexander, another late-comer, courageously “tweeted” his backing for the bill. “If this were a bill senators were excited about; that is, something they thought they’d earn a lot of credit for — and not draw a lot of heat — from their voters, you’d think all of the co-sponsors would be proudly touting their support,” one veteran Hill observer told me. “Clearly, even for the Republican [co-sponsors], that doesn’t seem to be the case with this bill.” In other words, the co-sponsors appear to be targeting a very narrow constituency — AIPAC, which is now touting their names — rather than  their voters back home, most of whom probably have no idea of what their senator’s position is or what may be at stake. Which raises an interesting question: If the folks back home knew that their senator was supporting a bill that would make another war in the Middle East more, rather than less likely, would there be an outcry as there was after Obama (and AIPAC) asked Congress to approve military action against Syria? Would some senators feel compelled to reassess their support?

One other point: others — most recently and convincingly, Colin Kahl and Paul Pillar — have argued just how counter-productive and potentially dangerous this bill is, and we have republished their arguments for the benefit of LobeLog readers in recent days. But it should be stressed that the 47 co-sponsors of this bill, most notably the 14 Democrats who have signed on to it, have effectively decided that Bibi Netanyahu and AIPAC are more credible sources about Iran and what it is likely to do in the P5+1 negotiations if this sanctions bill becomes law than either the U.S. diplomats who are directly involved in the talks or the U.S. intelligence community. Which is a rather startling fact, especially given, for example, Bibi’s predictive record on Iraq in the run-up to the U.S. invasion and his quarrels with his own intelligence community with respect to Iran. U.S. officials beginning at the top with Obama, then running through John Kerry and Wendy Sherman have stated repeatedly that the passage of a new sanctions bill — even one that would take effect prospectively — would not only violate the spirit, if not the letter, of the Nov. 24 agreement; it would also call into serious question Washington’s good faith; quite possibly isolate the U.S. within the P5+1 with disastrous results for the existing sanctions regime; and sufficiently strengthen hardliners in Tehran to force its government to toughen its demands at the negotiating table, if not abandon the diplomatic path altogether (and with it the chances of a peaceful diplomatic settlement). As the most recent assessment by the intelligence community, for which these same 47 senators have approved annual budgets ranging as high as 70 billion dollars in recent years, concluded: “[N]ew sanctions would undermine the prospects for a successful comprehensive nuclear agreement with Iran.” Of course, that’s precisely why Netanyahu and AIPAC are pushing the new sanctions package.