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Paul Merrell

Report on the Free Flow of Information Act - 0 views

www.fas.org/...freeflow.html

surveillance state s.987 press-shield-legislation

shared by Paul Merrell on 13 Nov 13 - No Cached
  • 113th Congress Report SENATE 1st Session 113-118 ====================================================================== FREE FLOW OF INFORMATION ACT OF 2013 _______ November 6, 2013.--Ordered to be printed _______ Mr. Leahy, from the Committee on the Judiciary, submitted the following R E P O R T together with ADDITIONAL AND MINORITY VIEWS [To accompany S. 987]
  • Senator Cornyn offered an amendment (ALB13708) that would ensure that all persons or entities that are protected under the Free Press Clause of the First Amendment are covered by the bill's privilege. The Committee rejected the amendment by a roll call vote. The vote record is as follows: Tally: 4 Yeas, 13 Nays, 1 Pass Yeas (4): Cornyn (R-TX), Lee (R-UT), Cruz (R-TX), Flake (R- AZ) Nays (13): Leahy (D-VT), Feinstein (D-CA), Schumer (D-NY), Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D- MN), Coons (D-DE), Blumenthal (D-CT), Hirono (D-HI), Grassley (R-IA), Hatch (R-UT), Graham (R-SC) Pass (1): Feinstein (D-CA)
  • ADDITIONAL MINORITY VIEWS FROM SENATORS CORNYN, SESSIONS, LEE, AND CRUZ On December 15, 1791, the United States of America ratified the Bill of Rights--the first ten amendments to the U.S. Constitution. The first among them states: ``Congress shall make no law . . . abridging the freedom . . . of the press[.]'' United States Constitution, amend. I. The freedom of the press does not discriminate amongst groups or individuals--it applies to all Americans. As the Supreme Court has long recognized, it was not intended to be limited to an organized industry or professional journalistic elite. See Branzburg v. Hayes, 408 U.S. 665, 704 (1972) (the ``liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods. Freedom of the press is a fundamental personal right[.]''); Lovell v. Griffin, 303 U.S. 444, 452 (1938) (``The liberty of the press is not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets. . . . The press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion.''). The Founders recognized that selectively extending the freedom of the press would require the government to decide who was a journalist worthy of protection and who was not, a form of licensure that was no freedom at all. As Justice White observed in Branzburg, administering a privilege for reporters necessitates defining ``those categories of newsmen who qualified for the privilege.'' 408 U.S. at 704 That inevitably does violence to ``the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods.'' Id.
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  • The First Amendment was adopted to prevent--not further-- the federal government licensing of media. See Lovell, 303 U.S. at 451 (striking an ordinance ``that . . . strikes at the very foundation of the freedom of the press by subjecting it to license and censorship. The struggle for the freedom of the press was primarily directed against the power of the licensor.''). But federal government licensing is exactly what the Free Flow of Information Act would create. The bill identifies favored forms of media--``legitimate'' press--by granting them a special privilege. That selective grant of privilege is inimical to the First Amendment, which promises all citizens the ``freedom of the press.'' See Branzburg, 408 U.S. at 704 (``Freedom of the press is a fundamental personal right[.]'') (emphasis added). It also threatens the viability of any other form of press. The specially privileged press will gain easier access to news. That will tip the scales against its competitors and make it beholden to the government for that competitive advantage. A law enacted to protect the press from the state will, in fact, make that press dependent upon the federal government--anything but free.
  • Proponents of this bill suggest that, because the Constitution does not provide a reporter's privilege, Congress's provision of a limited privilege cannot raise any constitutional concerns. Those proponents misunderstand--and thus run afoul of--the First Amendment. The First Amendment was adopted to prevent press licensure. While it does not create a ``reporter's privilege'' on its own, it abhors the selective grant of privilege to one medium over another. The American Revolution was stoked by renegade pamphleteers and town criers who used unlicensed presses to overthrow tyranny. Today, ``any person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox. Through the use of Web pages, mail exploders, and newsgroups, the same individual can become a pamphleteer.'' Reno v. Am. Civil Liberties Union, 521 U.S. 844, 870 (1997). If today's town crier or pamphleteer must meet a test set by the federal government to avail themselves of liberty, we have gone less far from tyranny than any of us want to admit. This bill runs afoul of the First Amendment to the United States Constitution and amounts to de facto licensing. It would weaken the newly-illegitimate press, render the specially privileged press supplicant to the federal government and ultimately undermine liberty. This legislation also raises a number of serious national security concerns, as discussed in the minority views authored by Senator Sessions. For these reasons, we oppose this bill. John Cornyn. Jeff Sessions. Michael S. Lee. Ted Cruz.
  • Paul Merrell on 13 Nov 13
     
    The Senate Committee on the Judiciary reports with a do-pass recommendation a bill to grant a "covered journalist" a limited testimonial privilege against revealing news sources. But the attempt to grant such a shield to mainstream media reporters not only runs afoul of the First Amendment as indicated by the quoted minority view, but also a denial of equal protection of the law for non-mainstream media investigators and lowly citizens. The core problem is the Supreme Court has invariably held that members of the press have no greater protection under the first amendment than the lowly pamphleteer, hence the denial of Equal Protection of the law in this legislation.  The legislation is in direct response to government surveillance of the press and reporters being required by the courts to reveal their sources of classified information. 
Paul Merrell

Edward Snowden, a year on: reformers frustrated as NSA preserves its power | World news... - 1 views

www.theguardian.com/...e-year-nsa-surveillance-reform

surveillance-state NSA-reform legislation

shared by Paul Merrell on 07 Jun 14 - No Cached
  • For two weeks in May, it looked as though privacy advocates had scored a tenuous victory against the widespread surveillance practices exposed by Edward Snowden a year ago. Then came a resurgent intelligence community, armed with pens, and dry, legislative language.During several protracted sessions in secure rooms in the Capitol, intelligence veterans, often backed by the congressional leadership, sparred with House aides to abridge privacy and transparency provisions contained in the first bill rolling back National Security Agency spying powers in more than three decades. The revisions took place in secret after two congressional committees had passed the bill. The NSA and its allies took creative advantage of a twilight legislative period permitting technical or cosmetic language changes.The episode shows the lengths to which the architects and advocates of bulk surveillance have gone to preserve their authorities in the time since the Guardian, 12 months ago today, began disclosing the scope of NSA data collection. That resistance to change, aided by the power and trust enjoyed by the NSA on Capitol Hill, helps explain why most NSA powers remain intact a year after the largest leak in the agency's histo
  • But exactly one year on, the NSA’s greatest wound so far has been its PR difficulties. The agency, under public pressure, has divested itself of exactly one activity, the bulk collection of US phone data. Yet while the NSA will not itself continue to gather the data directly, the major post-Snowden legislative fix grants the agency wide berth in accessing and searching large volumes of phone records, and even wider latitude in collecting other kinds of data.There are no other mandated reforms.
  • The Freedom Act ultimately sped to passage in the House on May 22 by a bipartisan 303-121 vote. NSA advocates who had blasted its earlier version as hazardous to national security dropped their objections – largely because they had no more reason.Accordingly, the compromise language caused civil libertarians and technology groups not just to abandon the Freedom Act that they had long championed, but to question whether it actually banned bulk data collection. The government could acquire call-records data up to two degrees of separation from any "reasonable articulable suspicion" of wrongdoing, potentially representing hundreds or thousands of people on a single judicial order." That was not all.
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  • Some NSA critics look to the courts for a fuller tally of their victories in the wake of the Snowden disclosures. Judges have begun to permit defendants to see evidence gathered against them that had its origins in NSA email or call intercepts, which could disrupt prosecutions or invalidate convictions. At least one such defendant, in Colorado, is seeking the exclusion of such evidence, arguing that its use in court is illegal.Still other cases challenging the surveillance efforts have gotten beyond the government’s longtime insistence that accusers cannot prove they were spied upon, as the Snowden trove demonstrated a dragnet that presumptively touched every American’s phone records. This week, an Idaho federal judge implored the supreme court to settle the question of the bulk surveillance's constitutionality."The litigation now is about the merits. It’s about the lawfulness of the surveillance program," said Jameel Jaffer, the ACLU’s deputy legal director.
  • "As the bill stands today, it could still permit the collection of email records from everyone who uses a particular email service," warned a Google legislative action alert after the bill passed the House. In a recent statement, cloud-storage firm Tresorit lamented that "there still has been no real progress in achieving truly effective security for consumer and corporate information."No one familiar with the negotiations alleges the NSA or its allies broke the law by amending the bill during the technical-fix period. But it is unusual for substantive changes to be introduced secretly after a bill has cleared committee and before its open debate by the full Senate or House."It is not out of order, but major changes in substance are rare, and appropriately so," said Norman Ornstein, an expert on congressional procedure at the American Enterprise Institute.Steve Aftergood, an intelligence policy analyst at the Federation of American Scientists, said the rewrites to the bill were an "invitation to cynicism."
  • "There does seem to be a sort of gamesmanship to it. Why go through all the troubling of crafting legislation, enlisting support and co-sponsorship, and adopting compromises if the bill is just going to be rewritten behind closed doors anyway?" Aftergood said.
  • Civil libertarians and activists now hope to strengthen the bill in the Senate. Its chief sponsor, Patrick Leahy of Vermont, vowed to take it up this month, and to push for "meaningful reforms" he said he was "disappointed" the House excluded. Obama administration officials will testify in the Senate intelligence committee about the bill on Thursday afternoon, the first anniversary of the Guardian's disclosure of bulk domestic phone records collection. That same day, Reddit, Imgur and other large websites will stage an online "Reset The Net" protest of NSA bulk surveillance.But the way the bill "morphed behind the scenes," as Lofgren put it, points to the obstacles such efforts face. It also points to a continuing opportunity for the NSA to say that Congress has actually blessed widespread data collection – a claim made after the Snowden leaks, despite most members of Congress and the public not knowing that NSA and the Fisa court secretly reinterpreted the Patriot Act in order to collect all US phone records.
  • Paul Merrell on 07 Jun 14
     
    Good Guardian article on how the American Freedom Act as reported out of House committees was gutted in secret meetings between key representatives and NSA (and other Executive Branch) officials. The House of Representatives kisses the feet of Dark Government. 
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.
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  • 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
Paul Merrell

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

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

legislation death-with-dignity California Oregon

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

Iran Takes Defiant Steps Over New Sanctions - NYTimes.com - 0 views

www.nytimes.com/...-steps-over-new-sanctions.html

war & peace Iran U.S.-foreign-policy EU sanctions Iranian-nukes-myth straits of hormuz

shared by Paul Merrell on 30 Dec 14 - No Cached
  • Iran took defiant steps on Monday in response to the intensified Western sanctions aimed at stifling its oil exports, announcing legislation intended to disrupt traffic in the Strait of Hormuz, a vital Persian Gulf shipping lane, and testing missiles in a desert drill clearly intended as a warning to Israel and the United States.
  • The legislation calls for Iran's military to block any oil tanker heading through the strait en route to countries no longer buying Iranian crude because of the European Union embargo, which took effect on Sunday. It was unclear whether the legislation would pass or precisely how Iran would enforce it, given that the United States Navy's Fifth Fleet patrols the strait. Pentagon officials have said Iran's military is capable of closing the strait temporarily, and the Obama administration has warned that any such move would constitute a "red line" that would provoke an American response. The strait, connecting the Gulf of Oman to the Persian Gulf, is the conduit for one fifth of the world's oil supply and has been called the world's most important "oil chokepoint" by the United States Department of Energy.
  • Iranian news services quoted Ibrahim Agha-Mohammadi, a member of Parliament's National Security and Foreign Policy Committee, as saying the panel drafted the legislation "as an answer to the European Union's oil sanctions against the Islamic Republic of Iran." The European embargo, along with new American restrictions that took effect on Friday, are intended to penalize Iran for refusing to suspend all uranium enrichment. Western nations and Israel suspect the enrichment program is aimed at creating the ability to make nuclear weapons, which Iran denies. While high-level talks have faltered, a meeting of lower level negotiators is planned for Tuesday. In the second saber-rattling step, Iranian news agencies announced that the elite Revolutionary Guards Corps had begun three days of missile testing in the desert region of the central province of Semnan. Brig. Gen. Amir Ali Hajizadeh, a commander of the exercises, was quoted as saying they were intended as practice responses to attacks by "adventurous nations," a reference to Israel and its most important ally, the United States.
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  • The Islamic Republic News Agency quoted General Hajizadeh as saying "if any form of incident happens, Iran's ground-to-ground missiles will rain like thunderbolts upon the aggressors."
  • Paul Merrell on 30 Dec 14
     
    More at these sites: http://www.businessinsider.com/iran-considers-closure-of-strait-of-hormuz-after-european-union-sanctions-2012-7 http://www.oil-price.net/en/articles/iran-oil-strait-or-hormuz.php http://www.aljazeera.com/news/middleeast/2012/07/201272162622744173.html The U.S. Navy's claimed ability to reopen the straits within a few days is dubious, despite the announcement that another Navy minesweeper is on its way to the Persian Gulf. In tests about two years ago, a team of U.S. minesweepers found only 1 out of 20 practice mines over a period of several days. Niow add to the calculus Iran's thousands of below-radar cruise missiles, its ICBMs armed with conventiional warheads (the U.S. East Coast and the EU are both in range), torpedo boats, and its fleet of mini-submarines designed for stealth and operation in shallow waters. The U.S. has a single carrier battle group in the Persian Gulf. That's one carrier I would not want to be on if war erupts in the Straits of Hormuz. But at the same time, the Iranian Parliament has no power to declare war. That power resides with Ayatolla Khomeni and the Supreme Council of the Revolutionary Guards.  So the legislation is more symbolic than a similar bill in the U.S. would be. But still, it's a strong message that Parliament has Khomeni's back if he decides to retaliate against U.S. and E.U. economic warfare. 
Gary Edwards

Is democracy a trade barrier? | European Public Affairs - 0 views

www.europeanpublicaffairs.eu/is-democracy-a-trade-barrier

TTIP

shared by Gary Edwards on 08 Jan 15 - No Cached
  • The United States and the European Union (EU) are negotiating a trade agreement, the Transatlantic Trade and Investment Partnership (TTIP). The aim is to lower trade barriers. Unfortunately those ‘barriers’ include not just traditional trade tariffs and quotas, but also the laws your elected representatives make.
  • This is why the fight against TTIP is a fight for democracy. It is not about protectionism, but rather the protection of our democratic laws over their business interests.
  • Gary Edwards on 08 Jan 15
     
    "In a democracy, elected representatives make laws. But with new trade agreements, businesses could co-write legislation. The United States and the European Union (EU) are negotiating a trade agreement, the Transatlantic Trade and Investment Partnership (TTIP). The aim is to lower trade barriers. Unfortunately those 'barriers' include not just traditional trade tariffs and quotas, but also the laws your elected representatives make. For example, Pierre Defraigne, former Deputy Director-General in the EU Commission Department responsible for Trade, sees the core battle of TTIP is over "the norms and standards in terms of environmental, health and consumer protection". This is why the fight against TTIP is a fight for democracy. It is not about protectionism, but rather the protection of our democratic laws over their business interests. If TTIP was to be signed, two new doors will be opened for businesses to influence legislation: 1. Firstly, regulatory co-operation will give access to industry before laws are to be signed. This means regulators and stakeholders work together for the convergence of laws across the Atlantic. 2. And secondly, once laws are enacted, private investors can sue the EU or US in private tribunals, outside of national courts (known as ISDS or investor-state dispute settlement). The example of the chemical Bisphenol A illustrates what both these 'open doors' for business could mean in practice. Used in everything from water bottles to the lining of food cans, Bisphenol A is one of the most ubiquitous endocrine disruptors. As such, it disrupts the hormonal system of the body, which is responsible for all vital features such as growth, sexual development, and even behaviour. Its presence in the natural world is already felt: two out of three fish caught in Austrian rivers are now female. Bisphenol A has been banned in France since 1st January 2015. This ban goes further than the existing EU ban. Meanwhile, Bisphenol A is stil
Paul Merrell

CISA Security Bill: An F for Security But an A+ for Spying | WIRED - 0 views

www.wired.com/...ty-bill-gets-f-security-spying

surveillance state legislation CISA

shared by Paul Merrell on 23 Mar 15 - No Cached
  • When the Senate Intelligence Committee passed the Cybersecurity Information Sharing Act by a vote of 14 to 1, committee chairman Senator Richard Burr argued that it successfully balanced security and privacy. Fifteen new amendments to the bill, he said, were designed to protect internet users’ personal information while enabling new ways for companies and federal agencies to coordinate responses to cyberattacks. But critics within the security and privacy communities still have two fundamental problems with the legislation: First, they say, the proposed cybersecurity act won’t actually boost security. And second, the “information sharing” it describes sounds more than ever like a backchannel for surveillance.
  • On Tuesday the bill’s authors released the full, updated text of the CISA legislation passed last week, and critics say the changes have done little to assuage their fears about wanton sharing of Americans’ private data. In fact, legal analysts say the changes actually widen the backdoor leading from private firms to intelligence agencies. “It’s a complete failure to strengthen the privacy protections of the bill,” says Robyn Greene, a policy lawyer for the Open Technology Institute, which joined a coalition of dozens of non-profits and cybersecurity experts criticizing the bill in an open letter earlier this month. “None of the [privacy-related] points we raised in our coalition letter to the committee was effectively addressed.” The central concern of that letter was how the same data sharing meant to bolster cybersecurity for companies and the government opens massive surveillance loopholes. The bill, as worded, lets a private company share with the Department of Homeland Security any information construed as a cybersecurity threat “notwithstanding any other provision of law.” That means CISA trumps privacy laws like the Electronic Communication Privacy Act of 1986 and the Privacy Act of 1974, which restrict eavesdropping and sharing of users’ communications. And once the DHS obtains the information, it would automatically be shared with the NSA, the Department of Defense (including Cyber Command), and the Office of the Director of National Intelligence.
  • In a statement posted to his website yesterday, Senator Burr wrote that “Information sharing is purely voluntary and companies can only share cyber-threat information and the government may only use shared data for cybersecurity purposes.” But in fact, the bill’s data sharing isn’t limited to cybersecurity “threat indicators”—warnings of incoming hacker attacks, which is the central data CISA is meant to disseminate among companies and three-letter agencies. OTI’s Greene says it also gives companies a mandate to share with the government any data related to imminent terrorist attacks, weapons of mass destruction, or even other information related to violent crimes like robbery and carjacking. 
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  • The latest update to the bill tacks on yet another kind of information, anything related to impending “serious economic harm.” All of those vague terms, Greene argues, widen the pipe of data that companies can send the government, expanding CISA into a surveillance system for the intelligence community and domestic law enforcement. If information-sharing legislation does not include adequate privacy protections, then...It’s a surveillance bill by another name. Senator Ron Wyden
  • “CISA goes far beyond [cybersecurity], and permits law enforcement to use information it receives for investigations and prosecutions of a wide range of crimes involving any level of physical force,” reads the letter from the coalition opposing CISA. “The lack of use limitations creates yet another loophole for law enforcement to conduct backdoor searches on Americans—including searches of digital communications that would otherwise require law enforcement to obtain a warrant based on probable cause. This undermines Fourth Amendment protections and constitutional principles.”
  • Paul Merrell on 23 Mar 15
     
    I read the legislation. It's as bad for privacy as described in the aritcle. And its drafting is incredibly sloppy.
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.
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  • 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

Palestinian Legislator Jarrar Sentenced To 15 Months - nsnbc international | nsnbc inte... - 0 views

nsnbc.me/...-jarrar-sentenced-to-15-months

war & peace Israel Palestine litigation legislator sentence

shared by Paul Merrell on 07 Dec 15 - No Cached
  • An Israeli court sentenced, Sunday, democratically-elected leftist Palestinian legislator, and a senior political leader of the Popular Front for the Liberation of Palestine (PFLP), Khalida Jarrar to 15 months imprisonment.
  • The army kidnapped the legislator on April 2nd of this year, and on April 5th, she was sentenced for six months imprisonment, under arbitrary Administrative Detention orders, without charges. On April 15, the Israeli military prosecutor’s office filed an indictment of twelve charges against Khalida Jarrar, including what it called “membership in an illegal organization,” in addition to “holding and participating in protests” in solidarity with Palestinian political prisoners. The PFLP denounced the ruling and said it shows the unjust, chaotic and arbitrary nature of Israeli courts and the legal system in dealing with Palestinian political prisoners. The PFLP reiterated its firm stance in not recognizing Israeli military courts, as they are part of the illegal occupation of Palestine. It also demanded referring the file of all detained legislators to the United Nations, in addition to calling for an urgent meeting of the Security Council to discuss the issues of Palestinian political prisoners, including detained women facing constant violations.
  • “Israel is deliberately targeting elected and senior political leaders of various factions in Palestine,” the PFLP said, “Jarrar is an important political figure, a symbol for steadfastness and determination; she always held her head high and challenged the Israeli abuse and violations.” The PFLP also stated that Israel is trying to increase its pressure, and is escalating its violations, against Palestinian women, holding important roles in leading the national struggle against the occupation.
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

www.justsecurity.org/...w-lawfulness-bulk-surveillance

surveillance state bulk-collection ECHR litigation

shared by Paul Merrell on 11 Dec 15 - No Cached
  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Paul Merrell

Big Pharma-Backed Dems Join GOP To Block Sanders Effort To Lower Drug Prices - 0 views

www.mintpressnews.com/...224057

Sanders legislation prescription-drugs Big-Pharma

shared by Paul Merrell on 12 Jan 17 - No Cached
  • While the Republican Party is publicly dismantling millions of Americans’ health safety net, more than a dozen Democrats late Wednesday quietly threw their weight behind Big Pharma and voted down an amendment that would have allowed pharmacists to import identical—but much less expensive—drugs from Canada and other countries. The “power and wealth of the pharmaceutical industry and their 1,300 lobbyists and unlimited sums of money have bought the United States Congress,” Sen. Bernie Sanders (I-Vt.) declared in a speech on the Senate floor while introducing the amendment, co-sponsored by Sen. Amy Klobuchar (D-Minn.), which would have been attached to the chamber’s budget resolution. It came amid a flurry of legislative activity during Wednesday evening’s “vote-a-rama.” “Year after year the same old takes place: the pharmaceutical industry makes more and more money and the American people pay higher ad higher prices,” Sanders continued, asking his colleagues if they “have the guts finally to stand up to the pharmaceutical industry and their lobbyists and their campaign contributions and fight for the American consumer?” It turns out, no. In fact, 13 Democrats voted against the measure (roll call here), siding with the Republican majority and drawing sharp rebuke from observers, who pointed out that many who voted “no” receive substantial contributions from the pharmaceutical industry.
Paul Merrell

White House threatens to veto 9/11 lawsuit bill - CNNPolitics.com - 0 views

edition.cnn.com/...index.html

war & peace 9-11 Saudis legislation sovereign-immunity litigation

shared by Paul Merrell on 20 Apr 16 - No Cached
  • A bipartisan bill to let families victimized by the 9/11 terrorist attacks sue Saudi Arabia ran into sharp setbacks Monday, as the White House threatened a veto and a GOP senator privately sought to block the measure.The move comes as presidential candidates from both parties are seizing on the legislation to score points with New York voters ahead of Tuesday's critical primary there.And it has pit the likely next Senate Democratic leader, Chuck Schumer of New York, squarely against the Obama administration.The White House and State Department are bluntly warning lawmakers not to proceed with the legislation over fears it could have dramatic ramifications for the United States and citizens living abroad to retaliatory lawsuits. The President lands in Riyadh Wednesday for talks with Saudi Arabia over ISIS and Iran at a time of strained relations between the countries, making the bill's timing that much more sensitive.
  • The stepped-up lobbying against the legislation comes as it is coming up against fresh roadblocks on Capitol Hill, with party leaders learning that a GOP senator is objecting to taking up the bill, according to a source familiar with the legislation. The senator's identity has not yet been revealed publicly.Proponents of the measure, for their part, are beginning to intensify their pressure campaign."If Saudi Arabia participated in terrorism, of course they should be able to be sued," Schumer said Monday. "This bill would allow a suit to go forward and victims of terrorism to go to court to determine if the Saudi government participated in terrorist acts. If the Saudis did, they should pay a price."Speaking to reporters Monday, White House spokesman Josh Earnest fired back, warning that it would jeopardize international sovereignty and put the U.S. at "significant risk" if other countries adopted a similar law."It's difficult to imagine a scenario where the President would sign it," Earnest said.
  • The bill, which Schumer and Senate Majority Whip John Cornyn of Texas are pushing, would prevent Saudi Arabia and other countries alleged to have terrorist ties from invoking their sovereign immunity in federal court.Saudi Arabia has long denied any role in the 9/11 attacks, but victims' families have repeatedly sought to bring the matter to court, only to be rebuffed after the country has invoked legal immunity allowed under current law."It makes minor adjustments to our laws that would clarify the ability of Americans attacked on U.S. soil to get justice from those who have sponsored that terrorist attack," Cornyn said of the bill, which is entitled the Justice Against Sponsors of Terrorism Act.
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  • As pressure grows on Congress to let 9/11 victims' families pursue their claims against Saudi Arabia in federal court, Saudi officials are quickly pushing back.In a stark warning to members of Congress, Saudi Foreign Minister Adel al-Jubeir warned lawmakers last month in Washington that his kingdom would sell $750 billion in U.S. assets, including treasury securities, if the measure became law, sources familiar with the matter told CNN. The development was first reported in The New York Times.Cornyn, however, dismissed the threat.
  • Presidential candidates were also unmoved. Ahead of the New York primary, former Secretary of State Hillary Clinton and Vermont Sen. Bernie Sanders quickly sought to align themselves with the Cornyn-Schumer bill.After Clinton said in a Sunday appearance on ABC that she had to study the bill and would not take a position, a spokesman later said she backs the bill.Sanders, in a statement Sunday night, announced that he supports the bill and called on the Obama administration to declassify the 28 pages of the 9/11 report that could implicate Saudi Arabia. Other presidential candidates jumped into the fray, including GOP front-runner Donald Trump.Appearing on the Joe Piscopo Show, a New York radio program, Trump evinced no concern about Saudi Arabia's threat to sell off U.S. assets."Let 'em sell 'em," Trump said. "No big deal."Trump added: "Hey, look, we protect Saudi Arabia. We protect them for peanuts. If we weren't protecting them, they wouldn't be there for a week."
  • Paul Merrell on 20 Apr 16
     
    Sounds like the bill would also open the doors to suing Israel for 9-11. Could be interesting because that's where much of the evidence points, incliding the all important answer to the question, qui bono (who benefits).  
Paul Merrell

NSA oversight dismissed as 'illusory' as anger intensifies in Europe and beyond | World... - 0 views

www.theguardian.com/...veillance-anger-deepens-europe

surveillance state NSA NSA-oversight NSA-blowback IAHCR U.N. legislation Sensenbrenner Leahy

shared by Paul Merrell on 30 Oct 13 - No Cached
  • The Obama administration's international surveillance crisis deepened on Monday as representatives from a Latin American human rights panel told US diplomats that oversight of the programs was "illusory".Members of the Inter-American Commission on Human Rights, an arm of the Organization of American States, expressed frustration and dissatisfaction with the National Security Agency's mass surveillance of foreign nationals – something the agency argues is both central to its existence and necessary to prevent terrorism. "With a program of this scope, it's obvious that any form of control becomes illusory when there's hundreds of millions of communications that become monitored and surveilled," said Felipe Gonzales, a commissioner and Chilean national."This is of concern to us because maybe the Inter-American Committee on Human Rights may become a target as well of surveillance," said Rodrigo Escobar Gil, a commissioner and Colombian citizen.
  • Frank La Rue, the United Nations special rapporteur on the right to freedom of opinion and expression, told the commission that the right to privacy was "inextricably linked" to free expression. "What is not permissible from a human rights point of view is that those that hold political power or those that are in security agencies or, even less, those in intelligence agencies decide by themselves, for themselves, what the scope of these surveillance activities are, or who will be targeted, or who will be blank surveilled," La Rue said.While the US sent four representatives to the hearing, they offered no defence, rebuttal or elaboration about bulk surveillance, saying the October government shutdown prevented them from adequate preparation. "We are here to listen," said deputy permanent representative Lawrence Gumbiner, who pledged to submit written responses within 30 days.All 35 North, Central and South American nations are members of the commission. La Rue, originally from Guatemala and an independent expert appointed by the Human Rights Council, travels the world reporting on human rights concerns – often in countries with poor democratic standards.
  • The Obama administration has been fielding a week's worth of European outrage following media reports that the NSA had collected a similarly large volume of phone calls from France – which director of national intelligence James Clapper, who recently apologised for misleading the Senate about domestic spying, called "false" – and spying on German chancellor Angela Merkel's own cellphone, which US officials have effectively confessed to. Brazil and Mexico are also demanding answers from US intelligence officials, following reports about intrusive acts of espionage in their territory revealed by documents provided to journalists by former NSA contractor Edward Snowden. The White House has said it will provide some answers after the completion of an external review of its surveillance programs, scheduled to be completed before the end of the year. The Guardian reported on Thursday that the NSA has intercepted the communications of 35 world leaders.
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  • Spying on foreigners is the core mission of the NSA, one that it vigorously defends as appropriate, legal and unexceptional given the nature of global threats and widespread spycraft. Monday's hearing suggested that there are diplomatic consequences to bulk surveillance even if there may not be legal redress for non-Americans. Brazil has already shown a willingness to challenge Washington over bulk surveillance. President Dilma Rousseff postponed a September meeting with President Obama in protest, and denounced the spying during the UN general assembly shortly thereafter. Brazil is also teaming up with Germany at the UN on a general assembly resolution demanding an end to the mass surveillance. The commission's examination of the NSA's bulk surveillance activities suggested a potential southern front could open in the spy crisis just as the administration is attempting to calm down Europe.
  • International discomfort with NSA bulk surveillance is not the only spy challenge the Obama administration now confronts. Congressman James Sensenbrenner, the Wisconsin Republican and key author of the 2001 Patriot Act, is poised to introduce a bill this week that would prevent the NSA from collecting phone records on American citizens in bulk and without an individual warrant. The National Journal reported that Sensenbrenner's bill, which has a companion in the Senate, has attracted eight co-sponsors who either voted against or abstained on a July amendment in the House that would have defunded the domestic phone records bulk collection, a legislative gambit that came within seven votes of passage.Sensenbrenner's bill, like its Senate counterpart sponsored by Vermont Democrat Patrick Leahy, would not substantially restrict the NSA's foreign-focused surveillance, which is a traditional NSA activity. There is practically no congressional appetite, and no viable legislation, to limit the NSA from intercepting the communications of foreigners. An early sign about the course of potential surveillance reforms in the House of Representatives may come as early as Tuesday. The House intelligence committee, a hotbed of support for the NSA, will hold its first public hearing of the fall legislative calendar on proposed surveillance legislation. Its chairman, Mike Rogers of Michigan, has proposed requiring greater transparency on the NSA and the surveillance court that oversees it, but would largely leave the actual surveillance activities of the NSA, inside and outside the United States, untouched.
  • Alex Abdo, a lawyer with the ACLU, which requested the hearing at the Inter-American Commission on Human Rights, warned the human rights panel that the NSA could "target the foreign members of this commission when they travel abroad", as well as foreign dissidents of US-aligned governments; foreign lawyers for Guantánamo detainees; and other foreigners."If every country were to engage in surveillance as pervasive as the NSA, we would soon live in a state … with no refuge for the world's dissidents, journalists and human rights defenders," Abdo said.
Paul Merrell

David Davis' devastating attack on our loss of privacy | Mail Online - 0 views

www.dailymail.co.uk/...ing-terrorists-lust-power.html

surveillance state NSA GCHQ legislation UK

shared by Paul Merrell on 19 Jul 14 - No Cached
  • The last time the main parties got together in a closed room, did a deal and told the country there was a need to act urgently, we were on the edge of abandoning 300 years of press freedom.This time our privacy is under threat. In the name of security, the Government is fast-tracking legislation through Parliament that will allow it to collect huge quantities of our personal data. We would do well to remember the advice of Ben Franklin: ‘Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.’
  • The Government has engineered a ‘theatrical emergency’ – in this case terrorism and hidden paedophile rings – to ram the Data Retention and Investigatory Powers Bill through Parliament without proper debate. It is an insult to the supremacy of Parliament, to democracy and to the trust of the public.It was April 8 when the European Court of Justice struck down the Data Retention Directive for being incompatible with human rights. The Home Office has had time to put an alternative in place, so the excuses for why the legislation is being  fast-tracked are laughable.
  • It is a sad state of affairs when European courts are a greater defender of our ancient rights than Parliament and Her Majesty’s Government. Even the German Supreme Court overturned its far less invasive data collection laws for violating the privacy rights of German citizens. How far we have slipped, this birthplace of democracy, that our own judicial safeguards stand by while our hard-fought rights are stripped from us by a Government that has lost its sense of proportion in its fear of making a mistake.
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  • Even the statistics already released are cause for concern.  The 2013 report of the Interception of Communications Commissioner revealed that 514,608 requests were made for data. By comparison, the most requests issued by the FBI in a year is 56,507. How can it be our intelligence agencies made nine times the number of requests for communications data than their US counterparts?
  • After the ‘dodgy dossier’ on weapons of mass destruction, the deceit on rendition and torture, and the debacle over the snooper’s charter, it is hard to be confident.Our Government has claimed that intercepted communications data was the critical evidence in 95 per cent of all serious crime cases. This would seem to go against the experience of the Metropolitan Police, which in evidence to a joint committee stated that ‘communications data is used sparingly, because it is costly and resource intensive, and because of the need to… consider the impact of collateral intrusion on innocent people’.
  • What this Government is chasing is not public security, it is protection from blame if anything goes wrong. Those are not the same thing.One person’s loss of freedom is everybody’s loss of freedom, one person’s loss of privacy is everybody’s loss of privacy. We must stand up for our rights and not succumb to the politics of fear. Otherwise we give those who hate our civilisation an easy victory, without a shot being fired.
  • Paul Merrell on 19 Jul 14
     
    A UK M.P. critiques the full court press in the House of Commons for new legislation attempting to work around the EU Court of Justice ruling on electronic communication data retention laws.  Very nice essay.
Paul Merrell

Netanyahu's Coalition of the Unwilling « LobeLog - 0 views

www.lobelog.com/hus-coalition-of-the-unwilling

Israel coalition Netanyahu Obama Palestine U.S.-foreign-policy EU

shared by Paul Merrell on 08 May 15 - No Cached
  • After Benjamin Netanyahu’s surprising victory in Israel’s national elections in March, he took until the last possible minute to complete the process of forming the government for his fourth term as Israel’s prime minister. For all the time he invested, despite making it just under the wire, Netanyahu ended up with a fragile, ultra-right-wing coalition and more work ahead of him to bring in at least one more party. The government Netanyahu presented to Israeli President Reuven Rivlin was a bare majority of 61 seats out of the 120-seat Knesset. There are no fig leafs in this coalition, no Tzipi Livni or Ehud Barak for Netanyahu to send to talk fruitlessly with the Palestinians. One might think this would make the coalition more stable, since it consists entirely of the right wing. In this, one would be wrong.
  • Netanyahu is, in fact, desperate to add another party to the coalition because there is so much tension in the current majority, most visibly between Netanyahu’s Likud party and Naftali Bennett’s HaBayit HaYehudi. Likud leaders, including Netanyahu, feel that Bennett essentially held the coalition hostage to his demands. They are quite right about that, but the gambit paid off handsomely for Bennett. HaBayit HaYehudi holds a mere eight seats in the Knesset. Yet Bennett and his party will get four ministries, the deputy defense minister post, as well as the chairs of two key Knesset committees dealing with Israel’s legal system. That is what you get when you play hardball with Netanyahu, a man who likes to talk tough but who is a political creature first and foremost and quickly backs off from a high-stakes fight he is not sure he can win. As things stand, this coalition might not last the year. That is why, after Avigdor Lieberman quit his post as foreign minister and took his greatly diminished party into the opposition, Netanyahu left the post open by keeping that portfolio for himself. In reality, Netanyahu has been the foreign minister all along, so it is not an added burden for him.
  • On the day that Netanyahu was supposed to present his government, he was still eight seats short of a majority. Luckily for Bennett, that was the exact number of seats he controlled and he let Netanyahu know just how lucky he was. Bennett played a game of chicken with Netanyahu, pushing for more and more power within the government and knowing that Bibi was going to have a hard time saying no to anything. Bennett won, and the spoils were vast. The far-right HaBayit HaYehudi party now controls the ministries of education, agriculture, justice, and diaspora affairs. The position of deputy defense minister will also be theirs. It is even worse than it sounds. With the ministry of agriculture comes control over the World Zionist Organization’s Settlement Division, which funds the expansion of settlements. Uri Ariel, perhaps the most extreme pro-settler member of the Knesset, will have that portfolio.
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  • Shaked is certain to work hard to undermine Israel’s fragile legal system. She will also be heading the powerful Ministerial Committee for Legislation and the Judicial Appointments Committee, giving her even more leverage to eliminate a legal system that she sees as a bastion of the left. Moreover, she is very likely to be minister of justice when the next attorney general is appointed. Uri Ariel can be equally certain to press hard for as much settlement expansion—all over the West Bank and, especially, in East Jerusalem—as the available shekels and the defense minister, who will still be Moshe Ya’alon, will allow. I would rather not even think about what Bennett, the new minister of education, is going to do to the minds of Israeli students. Academia is also thought of as a bastion of the left in Israel, and the climate for free thought in Israeli institutions is certainly threatened now.
  • A Question of Longevity The real question about all of this is how long it will last. An ultra-right government like this one is not going to get along well with the Obama administration or most of Europe, although the Republican-led Congress is likely to fall in love with it. Some may hope that this will be a case of things getting so bad that political pressure for improvement must come. Sadly, such is not the history of Israel or of this conflict. Netanyahu will be spending the next few months trying to woo Isaac Herzog into the government, and this is what the whole game comes down to. If Herzog joins and creates a national unity government of 85 seats, this government will survive. The Labor Party, which makes up most of the Zionist Union, is unlikely to provide much of a counter to the right-wing majority. Much more likely is that, as has happened in the past, many of Labor’s Knesset members and other leaders will bolt the party rather than serve as a fig leaf for such a far-right government.
  • If Herzog does not join the government, this fourth Netanyahu government will not outlast Barack Obama’s presidency, and might not even come close. The right wing does not play well together, and it will take nothing more than a few well-timed votes of no-confidence to take down this government even if none of the parties bolts. Even that scenario, however, offers little hope. The last elections were hailed as a comeback for Labor, but the center and left still cannot form a coalition without the Joint List (a coalition of mostly Arab parties), and that remains anathema in Israeli politics. In fact, little changed in the left-right balance in the last elections, and that is showing no signs of turning around. It has never been clearer that positive change in Israel is going to require some sort of meaningful action by the United States and/or Europe. If that does not come, and it does not seem to be on the horizon, disaster looms.
  • Paul Merrell on 08 May 15
     
    The dust settles quickly in Israel. Already -- -- A bill is moving through the Knesset and is expected to pass, permanently annexing the entire Jordan Valley and the Syrian Golan Heights.   --  The Israeli military is conducting large-scale maneuvers in the West Bank. Palestinians are seeing it as prelude to a mass eviction of Palestinians from the Jordan Valley.   -- A large section of East Jerusalem has been walled off with an iron gate, prelude to annexation and expulsion of its Palestinian residents. -- Netanyahu is so desperate for posts to offer another party in the national government that he has introduced legislation in the Knesset which would suspend, until the next government is formed, the limit on the number of cabinet ministers and deputy ministers and to allow ministers without portfolio. The centrist Yesh Atid party has served notice of intent to sue to block the legislation.  
Paul Merrell

Lobbyists for Spies Appointed To Oversee Spying - The Intercept - 0 views

firstlook.org/...es-appointed-to-oversee-spying

surveillance state oversight conflicts-of-interest Congressional-committees

shared by Paul Merrell on 10 Apr 15 - No Cached
  • Who’s keeping watch of the National Security Agency? In Congress, the answer in more and more cases is that the job is going to former lobbyists for NSA contractors and other intelligence community insiders. A wave of recent appointments has placed intelligence industry insiders into key Congressional roles overseeing intelligence gathering. The influx of insiders is particularly alarming because lawmakers in Washington are set to take up a series of sensitive surveillance and intelligence issues this year, from reform of the Patriot Act to far-reaching “information sharing” legislation.
  • Who’s keeping watch of the National Security Agency? In Congress, the answer in more and more cases is that the job is going to former lobbyists for NSA contractors and other intelligence community insiders. A wave of recent appointments has placed intelligence industry insiders into key Congressional roles overseeing intelligence gathering. The influx of insiders is particularly alarming because lawmakers in Washington are set to take up a series of sensitive surveillance and intelligence issues this year, from reform of the Patriot Act to far-reaching “information sharing” legislation. After the first revelations of domestic surveillance by NSA whistleblower Edward Snowden, President Obama defended the spying programs by claiming they were “subject to congressional oversight and congressional reauthorization and congressional debate.” But as Rep. Alan Grayson, D-Fla., and other members of Congress have pointed out, there is essentially a “two-tiered” system for oversight, with lawmakers and staff on specialized committees, such as the House and Senate committees on Intelligence and Homeland Security, controlling the flow of information and routinely excluding other Congress members, even those who have asked for specific information relating to pending legislation.
  • The Intercept reviewed the new gatekeepers in Congress, the leading staffers on the committees overseeing intelligence and surveillance matters, and found a large number of lobbyists and consultants passing through the revolving door between the intelligence community and the watchdogs who purportedly oversee the intelligence community. We reached out to each of them earlier this week and have yet to hear back:
Paul Merrell

America is on a "Hot War Footing": House Legislation Paves the Way for War with Russia?... - 0 views

nsnbc.me/...gislation-paves-way-war-russia

war & peace Russia U.S.-foreign-policy AUMF

shared by Paul Merrell on 06 Dec 14 - No Cached
  • America is on a war footing.  While, a World War Three Scenario has been on the drawing board of the Pentagon for more than ten years, military action against Russia is now contemplated at an “operational level”. Similarly, both the Senate and the House have introduced enabling legislation which provides legitimacy to the conduct of a war against Russia. We are not dealing with a “Cold War”. None of the safeguards of the Cold War era prevail. 
  • There has been a breakdown in East-West diplomacy coupled with extensive war propaganda. In turn the United Nations has turned a blind eye to extensive war crimes committed by the Western military alliance. The adoption of a major piece of legislation by the US House of Representatives on December 4th (H. Res. 758)  would provide (pending a vote in the Senate) a de facto green light to the US president and commander in chief to initiate –without congressional approval– a process of military confrontation with Russia. Global security is at stake. This historic vote –which potentially could affect the lives of hundreds of millions of people Worldwide– has received virtually no media coverage. A total media blackout prevails.
  • The World is at a dangerous crossroads. Moscow has responded to US-NATO threats. Its borders are threatened. On December 3, the Ministry of Defence of the Russian Federation announced the inauguration of a new military-political entity which would take over in the case of war. Russia is launching a new national defense facility, which is meant to monitor threats to national security in peacetime, but would take control of the entire country in case of war. (RT, December 3, 2014)
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  • H. Res. 758 not only accuses Russia of having invaded Ukraine, it also invokes article 5 of the Washington Treaty, namely NATO’s  doctrine of collective security. An attack on one member of the Atlantic alliance is an attack on all members of the Alliance. The underlying narrative is supported by a string of baseless accusations directed against the Russian Federation. It accuses Russia of having invaded Ukraine. It states without evidence that Russia was behind the downing of Malaysian Airlines MH17,  it accuses Russia of military aggression. Ironically, it also accuses the Russian Federation of having imposed economic sanctions not only on Ukraine, Georgia, Moldova but also on several unnamed member states of the European Union.  The resolution accuses the Russian Federation of having used “the supply of energy for political and economic coercion.”
  • In essence, House Resolution 758 were it to become law would provide a de facto green light to the President  of the United States to declare war on the Russian Federation, without the formal permission of the US Congress.
  • What the above paragraph suggests is that the US is contemplating the use of NATO’s collective security doctrine under article 5 with a views to triggering a process of military confrontation with the Russian Federation. The structure of military alliances is of crucial significance. Washington’s intent is to isolate Russia. Article 5 is a convenient mechanism imposed by the US on Western Europe. It forces NATO member states, most of which are members of the European Union, to act wage war on Washington’s behalf. Moreover, a referendum on Ukraine’s membership in NATO is contemplated.  In case Ukraine becomes a member of NATO and/or redefines its security agreement with NATO, article 5 could be invoked as a justification to wage a NATO sponsored war on Russia.
  • The speed at which this legislation was adopted is unusual in US Congressional history. House resolution 758 was introduced on November 18th, it was rushed off to the Foreign Affairs Committee and rushed back to the plenary of the House for debate and adoption. Two weeks (16 days) after it was first introduced by Rep. Kinzinger (Illinois) on November 18, it was adopted by 411-10 in an almost unanimous vote on the morning of December 4th.
  • One would expect that this historic decision would has been the object of extensive news coverage. In fact what happened was a total news blackout. The nation’s media failed to provide coverage of the debate in House of Representatives and the adoption of H Res 758 on December 4. The mainstream media had been instructed not to cover the Congressional decision. Nobody dared to raise its dramatic implications.  its impacts on “global security”.  ”World War III is not front page news.” And without mainstream news concerning US-NATO war preparations, the broader public remains unaware of the importance of the Congressional decision. .
  • Paul Merrell on 06 Dec 14
     
    We are led by usurpers and their useful idiots in Congress and the White House.
Paul Merrell

Collapse of Ukraine Government: Prime Minister Yatsenyuk Resigns amidst Pressures Exert... - 0 views

www.globalresearch.ca/...5393168

war & peace Ukraine government-collapse

shared by Paul Merrell on 26 Jul 14 - No Cached
  • Ukraine’s Prime Minister Arseniy Yatsenyuk announced his resignation in the Rada (Parliament) and that of the entire Cabinet on Thursday, July 24.  This decision was taken following the withdrawal of two parties from the coalition government and the non-adoption of two important pieces of legislation, which had been demanded by the International Monetary Fund (IMF) “I announce my resignation after the collapse of the coalition and the blocking of government initiatives … “In connection with the breakup of the parliamentary coalition, as well as non-adoption of a number of important bills, I announce my resignation,” The resignation of the Prime Minister signifies the collapse of the government and the resignation of the entire cabinet. “But the cabinet members will continue fulfilling their duties until a new coalition is formed in the Rada.”
  • On July 24th, the Rada failed to support the government’s bill pertaining to the 2014 budget sequestration, which had been demanded by the IMF on behalf of Kiev’s external creditors. The disbursement by the IMF of the “Second Tranche” of a 17 billion dollar policy based loan was conditional upon the prior adoption of this legislation.
  • The national economy is in crisis, the political structures of the country are in total disarray, all of which is occurring in the immediate wake of the Malaysian Airlines MH17 crash in Eastern Ukraine. The two parties which left the coalition are The Neo-Nazi Svoboda party and the Centre Right Ukraine Democratic Alliance for Reform (UDAR) Party led by former champion boxer Vitali Klitschko.
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  • The entire country is in an impasse. No money will be forthcoming from the IMF until this legislation is adopted. In the meantime, Ukraine remains on the blacklist of its external creditors. Moreover, a controversial draft law on reforming the country’s gas transportation system was rejected (Itar-Tass, July 24, 2014). Both bills were tied into the government’s negotiations with both the EU and the IMF.
  • President Poroshenko (left) has intimated that the resignation of the cabinet has paved the way for a process of meaningful political restructuring:  “Society wants a full reset of state authorities,” said Mr Poroshenko. What is implied by Poroshenko’s statement is that the parliamentary process is slated to become defunct inasmuch as Rada is obligated to adopt the legislation demanded by the IMF and the European Union. And if the Rada does not adopt the legislation, the composition of the Parliament will be changed through a process of outright political manipulation. The 2014 budget project demanded by the IMF includes massive cuts in social spending coupled with increased allocations to the Armed Forces. Its adoption will contribute (virtually overnight) to a further process of the impoverishment of the Ukraine population.
  • Yatsenyuk intimated in his resignation speech that the State was bankrupt and that failure to abide by IMF demands would create social chaos: “The fact is that today you failed to vote for the laws, and I have nothing (with which) to pay wages of policemen, doctors, teachers; nothing to buy a rifle with, nothing to fuel an armored personnel carrier with. Today you failed to take a decision to fill the gas storages to allow us to live through the winter, to at last free ourselves from dependence on Russian gas,” (Rada, July 24, 2014)
  • Paul Merrell on 26 Jul 14
     
    The American coup-imposed government of Ukraine goes bankrupt and collapses. 
Paul Merrell

Netanyahu-Mossad Split Divides U.S. Congress on Iran Sanctions - Bloomberg View - 0 views

www.bloombergview.com/...u-s-congress-on-iran-sanctions

war & peace Iranian-nukes-myth sanctions legislation

shared by Paul Merrell on 22 Jan 15 - No Cached
  • The Israeli intelligence agency Mossad has broken ranks with Prime Minister Benjamin Netanyahu, telling U.S. officials and lawmakers that a new Iran sanctions bill in the U.S. Congress would tank the Iran nuclear negotiations. Already, the Barack Obama administration and some leading Republican senators are using the Israeli internal disagreement to undermine support for the bill, authored by Republican Mark Kirk and Democrat Robert Menendez, which would enact new sanctions if current negotiations falter. Bob Corker, chairman of the Senate Foreign Relations Committee  -- supported by Republican Senators Lindsay Graham and John McCain -- is pushing for his own legislation on the Iran nuclear deal, which doesn't contain sanctions but would require that the Senate vote on any pact that is agreed upon in Geneva. The White House is opposed to both the Kirk-Menendez bill and the Corker bill; it doesn't want Congress to meddle at all in the delicate multilateral diplomacy with Iran.
  • Israeli intelligence officials have been briefing both Obama administration officials and visiting U.S. senators about their concerns on the Kirk-Menendez bill, which would increase sanctions on Iran only if the Iranian government can't strike a deal with the so-called P5+1 countries by a June 30 deadline or fails to live up to its commitments. Meanwhile, the Israeli prime minister’s office has been supporting the Kirk-Menendez bill, as does the American Israel Public Affairs Committee, ahead of what will be a major foreign policy confrontation between the executive and legislative branches of the U.S. government in coming weeks. Evidence of the Israeli rift surfaced Wednesday when Secretary of State John Kerry said that an unnamed Israeli intelligence official had said the new sanctions bill would be “like throwing a grenade into the process.” But an initial warning from Israeli Mossad leaders was also delivered last week in Israel to a Congressional delegation -- including Corker, Graham, McCain and fellow Republican John Barrasso; Democratic Senators Joe Donnelly and Tim Kaine; and independent Angus King -- according to lawmakers who were present and staff members who were briefed on the exchange. When Menendez (who was not on the trip) heard about the briefing, he quickly phoned Israeli Ambassador to the U.S. Ron Dermer to seek clarification. Barrasso told us Tuesday that different parts of the Israeli government told the delegation different things. “We met with a number of government officials from many different parts of the government. There’s not a uniform view there,” he said.
  • Menendez is so livid at the administration, he decried its efforts to avert Congressional action on Iran at the hearing, telling Deputy Secretary of State Tony Blinken: “You know, I have to be honest with you, the more I hear from the administration in its quotes, the more it sounds like talking points that come straight out of Tehran.” Tuesday night, Obama threatened to veto the Kirk-Menendez bill if it passes Congress. Wednesday morning, House Speaker John Boehner responded by announcing that Netanyahu has accepted his invitation to address a joint session of Congress on Feb. 11, just as Congress is likely to be embroiled in a legislative fight over both bills. Boehner told fellow Republicans that he was specifically inviting Netanyahu to address the threat posed by radical Islam and Iran. Netanyahu is expected to deliver full-throated support for sanctions. The administration is upset that Netanyahu accepted Boehner’s invitation without notifying them, the latest indication of the poor relationship between the Israeli government and the White House. Two senior U.S. officials tell us that the Mossad has also shared its view with the administration that if legislation that imposed a trigger leading to future sanctions on Iran was signed into law, it would cause the talks to collapse.
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  • The Israeli view shared with Corker and other senators also mirrors the assessment from the U.S. intelligence community. “We’ve had a standing assessment on this,” one senior administration official told us. “We haven’t run the new Kirk-Menendez bill through the process, but the point is that any bill that triggers sanctions would collapse the talks. That’s what the assessment is.” Another intelligence official said that the Israelis had come to the same conclusion.  This is not the first time Israel’s Mossad has been at odds with Netanyahu on Iran. In December 2010, former Mossad chief Meir Dagan told Israeli reporters that he had openly opposed an order from Netanyahu to prepare a military attack on Iran. At the time, Obama was also working to persuade the Israeli prime minister to hold off on attacking Iran. Iranian diplomats have also routinely threatened to leave the talks if new sanctions were imposed. Javad Zarif, Iran’s foreign minister, at the end of December said new sanctions would “violate the spirit” of the negotiations that have been going on for more than a year now. Despite the intelligence analyses, however, predicting Iranian behavior is no exact science. There is still much about Iran’s program that U.S. spies do not know. In November, former CIA director Michael Hayden told Congress that U.S. intelligence assessments do not have a “complete picture” of the extent of Iran’s nuclear program.
  • On Capitol Hill, the fight over how to proceed against the administration is far from over. The Senate Banking Committee was supposed to mark up the Kirk-Menendez bill on Thursday, but the session was delayed by one week. Some Senate staffers told us that Democrats asked for the delay because Menendez wants to get more Democrats to commit to his bill before he goes public. A main pitch of the Kirk-Menendez bill is that is could garner bipartisan -- even perhaps veto-proof -- support in the face of Obama's disapproval. So far, most Democrats have stayed on the sidelines, especially after Obama and Menendez got into a heated argument over the bill at last week’s private Democratic retreat. Kirk and Menendez softened their proposal to make it more palatable to Democrats, by giving the president more flexibility than the previous version and providing the administration waivers after the fact. Corker, Graham and McCain are trying to woo Democrats to their side by arguing that avoiding sanctions language altogether and simply mandating that the Senate get a vote is a more bipartisan approach. There are only a handful of Democrats that will support any Iran bill, so competition for these votes is heated.
  • Update, 12 p.m. Jan. 22:  The Israeli prime minister's office released a statement Thursday about Mossad chairman Tamir Pardo’s meeting with the U.S. Senate delegation last weekend. The statement said Pardo didn’t oppose new sanctions on Iran but acknowledged that Pardo used the term “hand grenade” to describe the effect new sanctions would have on the nuclear negotiations with Iran. “He used this term to describe the possibility of creating a temporary breakdown in the talks, at the end of which the negotiations will be restarted under better conditions,” the statement said. “The Mossad chairman explicitly pointed out that the agreement that is being reached with Iran is bad, and may lead to a regional arms race.”
  • Paul Merrell on 22 Jan 15
     
    My advice to Obama: tell John Kerry  to change Netanyahu's visa to impose travel restrictions, allowing him to travel only  to New York City  (where the U.N. is located). within the U.S. The U.S. did that routinely with Soviet Union officials during the Cold War days. That will teach Netanyahu a lesson he will remember, that  in the U.S. the Executive Branch has control of diplomatic relations. Netanyahu has already faced heavy criticism in Israel for straining relations with Obama. He's currently facing heavy criticism for forcing his way  into the Charlie Hebdo march in Paris after President Hollande had specifically requested that he not take part and for having the idocy to tell French Jews that they could never have a home if they did not emigrate to Israel. If  the Obama Administration makes a public issue out of Netanyahu's latest affront, it might well cost Netanyahu re-eloection as Prime Minister next month. That decision lies in the hands of a single Israeli official who will choose which party is to try to form a new ruling coalition of parties. Mr. Netanyahu's Likud Party has no guarantee of getting that nod.  
Paul Merrell

FOIA Reform Legislation, and More from CRS - 0 views

fas.org/...foia-reform-crs

U.S. government transparency FOIA-amendments legislation

shared by Paul Merrell on 05 Mar 15 - No Cached
  • Two companion bills pending in the House and Senate would amend the Freedom of Information Act “for the purpose of increasing public access,” a new analysis of the legislation from the Congressional Research Service explains. Among other things, “both the House and Senate legislation would establish a statutory ‘presumption of openness,’ whereby information may only be withheld if it harms an interest protected by a statutory exemption or if disclosure is prohibited by law.” While both bills “address a number similar topics, often in similar ways, there are substantive differences between them.” The similarities and the differences in the pending bills are summarized in the new CRS report. See Freedom of Information Act Legislation in the 114th Congress: Issue Summary and Side-by-Side Analysis, February 26, 2015.
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