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Paul Merrell

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

www.haaretz.com/....premium-1.613221

war & peace U.S. Israel-nukes declassify Samson-option Johnson Meir

shared by Paul Merrell on 01 Sep 14 - No Cached
  • The Obama administration this week declassified papers, after 45 years of top-secret status, documenting contacts between Jerusalem and Washington over American agreement to the existence of an Israeli nuclear option. The Interagency Security Classification Appeals Panel (ISCAP), which is in charge of approving declassification, had for decades consistently refused to declassify these secrets of the Israeli nuclear program. The documents outline how the American administration worked ahead of the meeting between President Richard Nixon and Prime Minister Golda Meir at the White House in September 1969, as officials came to terms with a three-part Israeli refusal – to sign the Non-Proliferation Treaty; to agree to American inspection of the Dimona nuclear facility; and to condition delivery of fighter jets on Israel’s agreement to give up nuclear weaponry in exchange for strategic ground-to-ground Jericho missiles “capable of reaching the Arab capitals” although “not all the Arab capitals.”
  • The officials – cabinet secretaries and senior advisers who wrote the documents – withdrew step after step from an ambitious plan to block Israeli nuclearization, until they finally acceded, in internal correspondence – the content of the conversation between Nixon and Meir is still classified – to recognition of Israel as a threshold nuclear state. In fact, according to the American documents, the Nixon administration defined a double threshold for Israel’s move from a “technical option” to a “possessor” of nuclear weapons. The first threshold was the possession of “the components of nuclear weapons that will explode,” and making them a part of the Israel Defense Forces operational inventory.
  • The second threshold was public confirmation of suspicions internationally, and in Arab countries in particular, of the existence of nuclear weapons in Israel, by means of testing and “making public the fact of the possession of nuclear weapons.” Officials under Nixon proposed to him, on the eve of his conversation with Meir, to show restraint with regard to the Israeli nuclear program, and to abandon efforts to get Israel to cease acquiring 500-kilometer-range missiles with one-ton warheads developed in the Marcel Dassault factory in France, if it could reach an agreement with Israel on these points.
  • ...2 more annotations...
  • The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both “explicit and implicit” that “Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.”
  • According to the documents, the Nixon administration believed that Israel’s acquisition of nuclear weapons would spur the Arab countries to acquire their own such weapons within 10 years, through private contracts with scientists and engineers in Europe. Moreover, “deeply rooted in the Arab psyche is the concept that a settlement will be possible only when there is some parity in strength with Israel. A ‘kamikaze’ strike at the Dimona facilities cannot be ruled out,” the document states.
  • Paul Merrell on 01 Sep 14
     
    "The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both 'explicit and implicit' that 'Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.'" Which just goes to show that Israel's leadership was very bit as looney-tunes as the U.S. leadership was with its "MAD" Mutually Assured Destruction strategy. What is there about democracy that permits psychopaths to acquire the power they so insanely crave? Humanity would have far better odds of surviving the next 100 years if all members of Congress now chosen by voting were instead chosen from the general population at random and limited to a single term. Then let Congress choose the President and Vice President from five people also randomly chosen. That would also result in a Congress far more representative of the People's interests. Anyone with a rudimentary understanding of Statistics could prove that mathematically. To boot, that would take care of the campaign finance issues, since there wouldn't be any elections for federal office. Give me 24 hours notice and I'll have the necessary constitutional amendments written. Let's call them the No More Lunatics Running This Asylum Amendments. Or with a bit more thought we could have a name with an acronym that's more descriptive, something like the SANE Amendments. Let's see: the Save America from Nutjobs Evermore Amendments, or ....   Never mind for now. You do the political organizing to get the Amendments adopted and let me know when. I'll crank out the wordsmith work product for the Amendments.  Sheesh! As I've said for years, if it be true that Man was was created in the image of the Creator, that is irrefutable proof that the Creator is as dumb as a doornail and insane to boot. "[I]t it is not really possible to deter Arab leaders when they themse
Paul Merrell

"Destroying" the Johnson Amendment is a poor idea, Mr. President « Hot Air - 0 views

hotair.com/...nt-is-a-poor-idea-mr-president

Trump religious-freedom johnson-amendment

shared by Paul Merrell on 05 Feb 17 - No Cached
  • The National Prayer Breakfast appearance by the President drew the usual rounds of pans and praise this week. (Just as a side note, it’s not really the best forum for stand up comedy and Schwarzenegger jokes.) One item which cropped up and drew a lot of media fire was President Trump’s renewed pledge to do away with the Johnson Amendment. As you will recall, that’s the 1954 law which restricts churches and other tax exempt, non-profit organizations from certain political activities. (NPR actually has a pretty good rundown of it here.) Most specifically in this case – and what most of the debate centers on – is the restriction on preachers who wish to tell their flocks who to vote for from the pulpit. Doing so theoretically places their tax exempt status in jeopardy. That’s the part that the President seems to want to see discarded. (WaPo)
  • This is one of those areas where I once again fall outside much of the conservative mainstream and my inner libertarian hackles are raised. The Johnson Amendment is a relatively toothless artifact of an earlier era and removing it would have almost zero real world impact for the most part, but it at least represents some lip service to a worthwhile principle in government. The amendment itself is really not the issue here. It’s almost entirely symbolic in terms of its effect on the day to day life of Americans. As a previous report indicated, since 2008 (when churches began seriously challenging the law) there has been only one example of a church being investigated on such charges and none have been punished. It’s extremely difficult to enforce and doing so would be met with huge resistance in some quarters. (No politician or law enforcement officer wants to be enshrined in the front page photo of a preacher being hauled off to jail.) So why support the amendment at all? Because we leave decisions about voting to the individual in the United States and, as with many other social and professional interactions, we protect the individual from undue influence by those who hold power over them. I wrote about this exact subject last summer when Trump was first talking about it. Here’s the key portion of the argument.
  • Preaching politics from the pulpit and using that platform to encourage the election of any candidate from either party is simply wrong. We give churches tax exempt status for a variety of reasons, but one of them is that they are outside of the political and governmental body of the nation. Further, a preacher telling you to vote for Candidate A over Candidate B isn’t just appealing to your intelligence and general sensibilities. They are speaking with the authority of the Almighty and providing you with guidance as to the maintenance of your immortal soul. This provides them with a position of vastly undue influence over your choices. It’s a parallel to the reason we don’t allow doctors to engage in sexual relations with their patients… they simply hold too much influence over them from positions of assumed trust.
  • Paul Merrell on 05 Feb 17
     
    Let's not forget that corporations are artificial beings; the notion that they have constitutional rights is anathema to our constitution.
Gary Edwards

The Divider vs. the Thinker - WSJ.com - 0 views

online.wsj.com/...3554104577002262150454258.html

Banksters Paul-Ryan Obammunism Peggy-Noonan WSJ The-American-Idea

shared by Gary Edwards on 28 Oct 11 - No Cached
  • There's a lot to rebel against, to want to throw off. If they want to make a serious economic and political critique, they should make the one Gretchen Morgenson and Joshua Rosner make in "Reckless Endangerment": that real elites in Washington rigged the system for themselves and their friends, became rich and powerful, caused the great catering, and then "slipped quietly from the scene."
  • It is a blow-by-blow recounting of how politicians—Democrats and Republicans—passed the laws that encouraged the banks to make the loans that would never be repaid, and that would result in your lost job.
  • It began in the early 1990s, in the Clinton administration, and continued under the Bush administration, with the help of an entrenched Congress that wanted only two things: to receive campaign contributions and to be re-elected.
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  • Specifically it is the story of Fannie Mae and Freddie Mac, the mortgage insurers, and how their politically connected CEOs, especially Fannie's Franklin Raines and James Johnson, took actions that tanked the American economy and walked away rich.
  • "the temptation to exploit fear and envy returns." Politicians divide in order to "evade responsibility for their failures" and to advance their interests.
  • "The American Idea"
  • Which gets us to Rep. Paul Ryan. Mr. Ryan receives much praise, but I don't think his role in the current moment has been fully recognized. He is doing something unique in national politics. He thinks. He studies. He reads. Then he comes forward to speak, calmly and at some length, about what he believes to be true. He defines a problem and offers solutions, often providing the intellectual and philosophical rationale behind them.
  • But Republicans, in their desire to defend free economic activity, shouldn't be snookered by unthinking fealty to big business. They should never defend—they should actively oppose—the kind of economic activity that has contributed so heavily to the crisis.
  • Here Mr. Ryan slammed "corporate welfare and crony capitalism."
  • "Why have we extended an endless supply of taxpayer credit to Fannie Mae and Freddie Mac, instead of demanding that their government guarantee be wound down and their taxpayer subsidies ended?" Why are tax dollars being wasted on bankrupt, politically connected solar energy firms like Solyndra? "Why is Washington wasting your money on entrenched agribusiness?"
  • The "true sources of inequity in this country," he continued, are "corporate welfare that enriches the powerful, and empty promises that betray the powerless."
  • The real class warfare that threatens us is "a class of bureaucrats and connected crony capitalists trying to rise above the rest of us, call the shots, rig the rules, and preserve their place atop society."
  • Gary Edwards on 28 Oct 11
     
    Peggy Noonan writes about Paul Ryan's "The American Idea" speech he recently gave at the heritage Foundation.  It's a beautifully written summary that goes right to the heart of the matter:  the ruling elites have been enriching themselves, feeding at the public trough of corporate welfare and crony capitalism.  Washington DC is corrupt and rotten to the core, and the hand maiden of Banksters, Global Corporatist, Big Unions, and Big Bearucracy.   One things for sure.  Congressman Paul Ryan is a brilliant thinker aho believes in the great promise he calls "The American Idea".   Funny how, as the presidential primary race rolls on, my hopeful attention is being drawn towards four men:  Herman Cain, Paul Ryan, Ron Paul and Marco Rubio.   Herman unfortunately is soft on Banksters, totally unaware and oblivious to the need to take back the currency, and end the Federal Reserve Bankster Cartel.  I also have some difficulties with the "revenue neutral" aspects of his 999 plan.  We need less government, not more.  The private sector needs to keep more money, not less.   Too bad because everything else about Herman excites me.  Especially his authentic, from the heart love of America, American exceptionalism and opportunity, and the founders truly unique "American Idea". Ron Paul has an awesome "American Recovery" plan.  Awesome.  But his remarks on terrorism and foreign policy stray far from his usual reliance on the Constitution and the 10th Amendment.   He's right about the connection between global corporatism and the never ending militarism they push.  But he's dead ass wrong about our enemies and their intentions.  And that's scary.  If RP had stuck to the Constitution and 10th Amendment, i would fully support him.   If it's not an enumerated power, it belongs to the States and individual citizens.  End of story.   Marco Rubio is awesome in the same way Herman is.  He connects with a special authenticity that screams the principles and val
Gary Edwards

I Am a Peaceful AR-15 Assault Rifle Owner | Casey Research - 0 views

www.caseyresearch.com/...eful-ar-15-assault-rifle-owner

second-amendment Guns

shared by Gary Edwards on 04 May 13 - No Cached
  • Gary Edwards on 04 May 13
     
    ""Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurances and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference - they deserve a place of honor with all that's good." George Washington I can't think of any reason I need to own my AR-15 assault[1] rifle. I don't pretend to need it for self defense. I also own several handguns. Any one of my handguns would be adequate to allow me an opportunity to defend myself, or another person, from virtually any act of aggression by another individual. Indeed, I could have easily halted any of the recent gun based rampages, by any of those deranged lunatics, with just one of my handguns. I wish I had been there. I have needlessly and peacefully owned my AR-15 for many years. I keep my AR-15 securely locked in a gun safe in the very same home where my young children live. My children are aware of my AR-15. Like many other things in life, I have taught my children about guns. Recently, some of my kids attended a private gun safety class given by a highly experienced gun expert. I enjoyed watching my kids learn about my AR-15. I admit being a bit nostalgic about my AR-15. I spent lots of time learning about every aspect of the AR-15 when I was in Marine Corps boot camp at Parris Island, South Carolina. I also carried an AR-15 when I served my country in Operation Desert Storm in Saudi Arabia. I had it with me when I lived in a dirt hole on the border of Kuwait. It is the weapon I know better than any other. I own lots of dangerous things I don't need. I don't need my highly modified 600+ hp Z06 Corvette, or my Harley Davidson motorcycle, or that crazy looking knife I sometimes jokingly say was imported directly from the Klingon Empire.[2] Al
Paul Merrell

NSA surveillance reform bill passes House by 303 votes to 121 | World news | theguardia... - 0 views

www.theguardian.com/...l-usa-freedom-act-passes-house

surveillance state NSA legislation NSA-reform

shared by Paul Merrell on 23 May 14 - No Cached
  • The first legislation aimed specifically at curbing US surveillance abuses revealed by Edward Snowden passed the House of Representatives on Thursday, with a majority of both Republicans and Democrats.But last-minute efforts by intelligence community loyalists to weaken key language in the USA Freedom Act led to a larger-than-expected rebellion by members of Congress, with the measure passing by 303 votes to 121.The bill's authors concede it was watered down significantly in recent days, but insist it will still outlaw the practice of bulk collection of US telephone metadata by the NSA first revealed by Snowden.Some members of Congress were worried that the bill will fail to prevent the National Security Agency from continuing to collect large amounts of data on ordinary US citizens.
  • “Perfect is rarely possible in politics, and this bill is no exception,” said Republican Jim Sensenbrenner, who has led efforts on the House judiciary committee to rein in the NSA.“In order to preserve core operations of the intelligence and law enforcement agencies, the administration insisted on broadening certain authorities and lessening certain restrictions. Some of the changes raise justifiable concerns. I don’t blame people for losing trust in their government, because the government violated their trust.”
  • But the revised language lost the support of several influential members of the judiciary committee who had previously voted for it, including Republicans Darrell Issa, Ted Poe and Raul Labrador and Democrat Zoe Lofgren.Issa also chairs the House oversight committee. Adam Smith, the most senior Democrat on the armed services committee, also voted against the bill.“Regrettably, we have learned that the intelligence community will run a truck through ambiguity,” said Lofgren during an hour and 15 minutes of debate which preceded the vote. No amendments were allowed.
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  • After the vote, Mark Jaycox, a legislative analyst at the Electronic Frontier Foundation, said: “The bill is littered with loopholes. The problem right now, especially after multiple revisions, is that it doesn't effectively end mass surveillance.”In a statement, Zeke Johnson, the director of Amnesty International USA's security and human rights program, said the House had “failed to deliver serious surveillance reform”.
  • The size of the rebellion and the seniority of the rebels may support efforts to tighten language in the legislation as it makes its way to the Senate.Senator Patrick Leahy, the chair of the Senate judiciary committee and the lead Democratic author of the Freedom Act, said that the actions of the house in passing it was an “important step towards reforming our nation's surveillance authorities”which “few could have predicted less than a year ago.”However, in a statement issued on Thursday, Leahy expressed disappointment that the bill, which he had introduced jointly with Sensenbrenner in October, had been diluted.
  • Senator Ron Wyden, the Oregon Democrat who has waged an often lonely campaign against NSA surveillance, said he opposed the House bill in the form that passed on Thursday. "I am gravely concerned that the changes that have been made to the House version of this bill have watered it down so far that it fails to protect Americans from suspicionless mass surveillance," he said.He said the Senate version of the bill remained strong, and that he hoped that its provisions could be preserved.
  • The bill was the first vote on a NSA related matter in either the House or Senate since last July, when Republican congressman Justin Amash failed by 205-217 votes to pass an amendment to an appropriations bill that would have stripped funding for bulk surveillance.The revised USA Freedom Act was supported by the White House. Obama had urged for a solution to ending bulk collection of telephone metadata in ways that would not unduly constrain the NSA.
  • Paul Merrell on 23 May 14
     
    On to the Senate. No meaningful reform from the House. That the measure passed was supported by Obama tells the story of its effectiveness. It will "constrain the NSA."
Paul Merrell

Boycott, Divest and Sanction Corporations That Feed on Prisons  :    Informat... - 0 views

www.informationclearinghouse.info/article41455.htm

incarceration-nation for-profit-prisons boycott

shared by Paul Merrell on 09 Apr 15 - No Cached
  • All attempts to reform mass incarceration through the traditional mechanisms of electoral politics, the courts and state and federal legislatures are useless. Corporations, which have turned mass incarceration into a huge revenue stream and which have unchecked political and economic power, have no intention of diminishing their profits. And in a system where money has replaced the vote, where corporate lobbyists write legislation and the laws, where chronic unemployment and underemployment, along with inadequate public transportation, sever people in marginal communities from jobs, and where the courts are a wholly owned subsidiary of the corporate state, this demands a sustained, nationwide revolt. “Organizing boycotts, work stoppages inside prisons and the refusal by prisoners and their families to pay into the accounts of phone companies and commissary companies is the only weapon we have left,” said Amos Caley, who runs the Interfaith Prison Coalition, a group formed by prisoners, the formerly incarcerated, their families and religious leaders.
  • These boycotts, they said, will be directed against the private phone, money transfer and commissary companies, and against the dozens of corporations that exploit prison labor. The boycotts will target food and merchandise vendors, construction companies, laundry services, uniforms companies, prison equipment vendors, cafeteria services, manufacturers of pepper spray, body armor and the array of medieval instruments used for the physical control of prisoners, and a host of other contractors that profit from mass incarceration. The movement will also call on institutions, especially churches and universities, to divest from corporations that use prison labor. The campaign, led by the Interfaith Prison Coalition, will include a call to pay all prisoners at least the prevailing minimum wage of the state in which they are held. (New Jersey’s minimum wage is $8.38 an hour.) Wages inside prisons have remained stagnant and in real terms have declined over the past three decades. A prisoner in New Jersey makes, on average, $1.20 for eight hours of work, or about $28 a month. Those incarcerated in for-profit prisons earn as little as 17 cents an hour. Over a similar period, phone and commissary corporations have increased fees and charges often by more than 100 percent. There are nearly 40 states that allow private corporations to exploit prison labor. And prison administrators throughout the country are lobbying corporations that have sweatshops overseas, trying to lure them into the prisons with guarantees of even cheaper labor and a total absence of organizing or coordinated protest.
  • Corporations currently exploiting prison labor include Abbott Laboratories, AT&T, AutoZone, Bank of America, Bayer, Berkshire Hathaway, Cargill, Caterpillar, Chevron, the former Chrysler Group, Costco Wholesale, John Deere, Eddie Bauer, Eli Lilly, ExxonMobil, Fruit of the Loom, GEICO, GlaxoSmithKline, Glaxo Wellcome, Hoffmann-La Roche, International Paper, JanSport, Johnson & Johnson, Kmart, Koch Industries, Mary Kay, McDonald’s, Merck, Microsoft, Motorola, Nintendo, Pfizer, Procter & Gamble, Quaker Oats, Sarah Lee, Sears, Shell, Sprint, Starbucks, State Farm Insurance, United Airlines, UPS, Verizon, Victoria’s Secret, Wal-Mart and Wendy’s.
  • ...4 more annotations...
  • “Prisoner telephone rates in New Jersey are some of the highest in the country,” Caley said. “Global Tel Link charges prisoners and their families $4.95 for a 15-minute phone call, which is about two and a half times the national average for local inmate calling services.”
  • Prison phone services are a $1.2-billion-a-year industry. Prisoners outside New Jersey are charged by Global Tel Link, which makes about $500 million a year, as much as $17 for a 15-minute phone call. A call of that duration outside a prison would cost about $2. If a customer deposits $25 into a Global Tel Link phone account, he or she must pay an additional service charge of $6.95. And Global Tel Link is only one of several large corporations that exploit prisoners and their families. JPay is a corporation that deals in privatized money transfers to prisoners. It controls money transfers for about 70 percent of the prison population. The company charges families that put money into prisoners’ accounts additional service fees of as much as 45 percent. JPay generates more than $50 million a year in revenue. The Keefer Group, which controls prison commissaries in more than 800 public and private prisons, and which often charges prisoners double what items cost outside prison walls, makes $41 million a year in profit.
  • Prisons, to swell corporate profits, force prisoners to pay for basic items including shoes. Prisoners in New Jersey pay $45 for a pair of basic Reebok shoes—almost twice the average monthly wage. If a prisoner needs an insulated undergarment or an extra blanket to ward off the cold at night he must buy it. Packages from home, once permitted, have been banned to force prisoners to buy grossly overpriced items at the commissary or company-run store. Some states have begun to charge prisoners rent. This gouging is burying many prisoners and their families in crippling debt, debt that prisoners carry when they are released from prison. The United States has 2.3 million people in prison, 25 percent of the world’s prison population, although we are only 5 percent of the world’s population. We have increased our prison population by about 700 percent since 1970. Corporations control about 18 percent of federal prisoners and 6.7 percent of all state prisoners. And corporate prisons account for nearly all newly built prisons. Nearly half of all immigrants detained by the federal government are shipped to corporate-run prisons. And slavery is legal in prisons under the 13th Amendment of the U.S. Constitution. It reads: “Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.”
  • Vast sums are at stake. The for-profit prison industry is worth $70 billion. Corrections Corporation of America (CCA), the largest owner of for-profit prisons and immigration detention facilities in the country, had revenues of $1.7 billion in 2013 and profits of $300 million. CCA holds an average of 81,384 inmates in its facilities on any one day. Aramark Holdings Corp., a Philadelphia-based company that contracts through Aramark Correctional Services to provide food to 600 correctional institutions across the United States, was acquired in 2007 for $8.3 billion by investors that included Goldman Sachs. And, as in the wider society, while members of a tiny, oligarchic corporate elite each are paid tens or even hundreds of millions of dollars annually, the workers who generate these profits live in misery.  “It is an abomination that prisoners are paid 22 cents an hour, $1.20 cents a day,” Larry Hamm told the Newark meeting. “Every prisoner should get the minimum wage of New Jersey, $8.38 per hour.”
  • Paul Merrell on 09 Apr 15
     
    Why pay a liveable wage to American workers if you can get prison labor for less than market prices in Bangla Desh? The prison telephone racket has bothered me for many years. The FCC authorized no-limit telephone charges for prisoners and their families on the simplistic grounds of, "well, they prisoners who have reduced civil rights anyway. But it ignored that most prison phone calls are collect calls to families on the outside, who are not prisoners and still have their full civil rights. The for-profit prison industry is a prime example of not thinking things through before privatizing a formerly government function. Privatization creates a lobby for the industry, as Americans have learned all to well with the privatization of most Dept. of Defense work other than actual combat.   Already, for profit prison industries are showing up in state legislatures to demand longer prison sentences. They were the prime movers behind the "mandatory minimum sentence" movement, which has stuffed prisons to overflowing. 
Paul Merrell

FBI says search warrants not needed to use "stingrays" in public places | Ars Technica - 0 views

arstechnica.com/...se-stringrays-in-public-places

surveillance state stingrays DoJ privacy 4th Amendment

shared by Paul Merrell on 08 Jan 15 - No Cached
  • The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts. The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans. According to the letter, which was released last week: For example, we understand that the FBI’s new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
  • The letter was prompted in part by a Wall Street Journal report in November that said the Justice Department was deploying small airplanes equipped with cell-site simulators that enabled "investigators to scoop data from tens of thousands of cellphones in a single flight, collecting their identifying information and general location." The bureau's position on Americans' privacy isn't surprising. The Obama Administration has repeatedly maintained that the public has no privacy in public places. It began making that argument as early as 2010, when it told a federal appeals court that the authorities should be allowed to affix GPS devices on vehicles and track a suspect's every move without court authorization. The Supreme Court, however, eventually ruled that warrants are required. What's more, the administration has argued that placing a webcam with pan-and-zoom capabilities on a utility pole to spy on a suspect at his or her residence was no different from a police officer's observation from the public right-of-way. A federal judge last month disagreed with the government's position, tossing evidence gathered by the webcam that was operated from afar.
  • In their letter, Leahy and Grassley complained that little is known about how stingrays, also known as ISMI catchers, are used by law enforcement agencies. The Harris Corp., a maker of the devices from Florida, includes non-disclosure clauses with buyers. Baltimore authorities cited a non-disclosure agreement to a judge in November as their grounds for refusing to say how they tracked a suspect's mobile phone. They eventually dropped charges rather than disclose their techniques. Further, sometimes the authorities simply lie to judges about their use or undertake other underhanded methods to prevent the public from knowing that the cell-site simulators are being used.
  • ...1 more annotation...
  • Hanni Fakhoury, an attorney for the Electronic Frontier Foundation, said some states and judges are pushing back against stingrays. "In Tacoma, judges now require police (to) specifically note they plan to use an IMSI catcher and promise not to store data collected from people who are not investigation targets," he said. "The Florida and Massachusetts state supreme courts ruled warrants were necessary for real-time cell phone tracking. Nine states—Colorado, Illinois, Indiana, Maryland, Minnesota, Tennessee, Utah, Virginia, and Wisconsin—passed laws specifically requiring police to use a warrant to track a cell phone in real time."
  • Paul Merrell on 08 Jan 15
     
    Is there any problem here that couldn't be cured by discharge and public flogging for any government official caught using information derived from a stingray?
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