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Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Ille... - 0 views

  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
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    An important test case on the constitutionality of stingray mobile device surveillance.
Paul Merrell

Feds May Have To Reveal FISA Phone Records In Murder Case | Techdirt - 0 views

  • There's been a lot of focus elsewhere concerning the FISA rulings that were leaked, showing that the government is scooping up the details of pretty much every phone call. However, a case concerning some guys who were trying to rob an armored truck may lead to some interesting revelations related to what the government collects. Daryl Davis, Hasam Williams, Terrance Brown, Toriano Johnson, and Joseph K. Simmons were charged with trying to rob a bunch of armored Brink's trucks, in which one of the robberies went wrong and a Brink's employee was shot and killed. As part of the case against the group, the DOJ obtained call records. However, during discovery, the government refused to hand over call records for July of 2010, claiming that when they sought them from the telco, the DOJ was told that those records had been purged. Terrance Brown's lawyer is now claiming that since it appears the NSA has sucked up all of this data for quite some time, it would appear that the government should, in fact, already have the phone records from July 2010, which he argues would show that he was nowhere near the robbery when it happened. Defendant Brown urges that the records are important to his defense because cell-site records could be used to show that Brown was not in the vicinity of the attempted robbery that allegedly occurred in July 2010. And, relying on a June 5, 2013, Guardian newspaper article that published a FISA Court order relating to cellular telephone data collected by Verizon,1 Defendant Brown now suggests that the Government likely actually does possess the metadata relating to telephone calls made in July 2010 from the two numbers attributed to Defendant Brown.
  • The court agrees that, under the law, the government may need to produce those records. Here, Defendant asserts that, under Brady v. Maryland, 373 U.S. 83 (1963), due process requires the production of the July 2010 telephone records because they are anticipated to be exculpatory in that they are expected to show that Defendant Brown was not physically located at the scene of the alleged attempted Brink’s truck robbery in July 2010. In view of Defendant Brown’s Motion and the requirements of FISA, it is hereby ORDERED and ADJUDGED that the Government shall respond to Defendant Brown’s Motion and, if desired, shall file an affidavit of the Attorney General of the United States. That order was actually issued Monday, only giving the government until yesterday to comply. At the time of posting, the government's reply has not yet shown up in PACER, though it may pop up soon. I'm guessing that they'll try to either get some sort of extension or explain why those records are somehow inaccessible -- but it could get interesting.
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    This is definitely one to watch. The Court's order is short but definitely enlightening. The defendant's trial is already under way, so the Court set a very short response time, and required the Feds to concurrently file the affidavit of the Attorney General if the Feds want to claim that disclosure would harm national security. She has also ordered that the Feds concurrently explain any belief that thre information was lawfully gathered, citing some specific portions of the FISA Act that are at the heart of the government's claim of right to compel telcos to disclose the information to the Feds.    Then the court decides whether the Feds must produce the records anyway. Tough position for the government because it would be extremely difficult to argue that the phone call metadata itself is classified, since they are by law "business records" of a private party, the telco.  And this sets the stage for a flood of habeas corpus petitions by persons already convicted seeking new trials with NSA surveillance records disclosed. Easiest way out for the Feds is to claim that the records do not exist, but someone will have to sign a statement under penalty of perjury file to that effect.  If the Court orders disclosure, the Feds have a right of immediate appeal. So this one could win up in the Supreme Court very quickly (days, not months). Reading the Court's order, the judge seems predisposed to order production of the records. So stay tuned to this channel. I'm reminded that about a week ago, an MSNBC reporter blogged that he didn't think that the PRISM story "has legs" that will keep it in the news very long. He was wrong. 
Gary Edwards

Navy SEAL PAC Demands Criminal Investigation of WH on Benghazi - 1 views

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    It's about time someone took action to protect our troops and foreign diplomats from Obama's neglect, incompetence and what's looking more than ever like an impeachable offense, perhaps treason. And it's not just retired officers who have signed the petition. Many active duty officers and enlisted men have also stepped forward. We ask so much of our armed services, and now they have to carry the entire load of straightening out our hapless and selfish political-electoral blunders. excerpt: Special Operations Speaks PAC (SOS) issued a demand that a special prosecutor be appointed and an investigation be conducted into the actions of Barack Obama's administration as they pertain to Benghazi and the cover-up that has followed. SOS is the same Navy SEALS group that had its meme pulled down off Facebook last weekend. That meme highlighted the way Obama relied on the SEALS when it was convenient for him (when it came to killing Osama bin Laden), but he ignored their calls for backup when it wasn't (when the Benghazi consulate was being overrun). With the release of a demand for an investigation today, SOS is upping the ante. The group of Special Ops is going so far as to suggest Obama's actions -- and inactions -- in Benghazi may constitute "high crimes and misdemeanors," and thus merit the pursuit of charges from the Congress of the United States.
Gary Edwards

New Snowden Statement: 'The Obama Administration Is Afraid of You' - 0 views

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    "This just released by WikiLeaks: July 1st Statement from Super Patriot & NSA Whistleblower extraordinaire, Edward Snowden .......... One week ago I left Hong Kong after it became clear that my freedom and safety were under threat from my government for revealing the truth. My continued liberty has been owed to the efforts of friends new and old, family, and others who I have never met and probably never will. I trusted them with my life and they returned that trust with a faith in me for which I will always be thankful. On Thursday, President Obama declared before the world that he would not permit any diplomatic "wheeling and dealing" over my case. Yet now it is being reported that after promising not to do so, the President ordered his Vice President to pressure the leaders of nations from which I have requested protection to deny my asylum petitions. This kind of deception from a world leader is not justice, and neither is the extralegal penalty of exile. These are the old, bad tools of political aggression. Their purpose is to frighten, not me, but those who would come after me. For decades the United States of America have been one of the strongest defenders of the human right to seek asylum. Sadly, this right, laid out and voted for by the U.S. in Article 14 of the Universal Declaration of Human Rights, is now being rejected by the current government of my country. The Obama administration has now adopted the strategy of using citizenship as a weapon. Although I am convicted of nothing, it has unilaterally revoked my passport, leaving me a stateless person. Without any judicial order, the administration now seeks to stop me exercising a basic right. A right that belongs to everybody. The right to seek asylum. In the end the Obama administration is not afraid of whistleblowers like me, Bradley Manning or Thomas Drake. We are stateless, imprisoned, or powerless. No, the Obama administration is afraid of you. It is afraid of an informed, angry public de
Gary Edwards

Stealing the Election - Rampant Voter Fraud Across the Country - 0 views

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    Quick summary of the rampant voter fraud being committed throughout the nation by Democrat Party members. Battalions of Democrat Imposters swept out across the land in both 2008 and 2010, blanketing voting locations, using the names of Dead voters listed on the voting rolls, and being issued ballots without having to provide any proof of identity. Voter fraud tactics include falsifying petitions, false identities, dead identity theft, illegal non citizen voting, and ballot fraud. The DOJ has joined the effort bringing charges of racism against those States and Counties where voters are required to prove their identity with photo ID. Sickening.
Gary Edwards

Executive Doomsday Order: Obama Authorizes Gov to Seize Farms, Food, Processing Plants,... - 1 views

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    Good summary of the most recent and entirely un-Constitutional act of definace and tyranny.  Keep in mind that Obama does not have the authority to suspend or alter any natural rights, especially those specifically protected by the Constitution from any and all branches of the federal government.  Nor does Congress have the authority to grant that power.  There is only one way to alter the Constitution, and that is through an onerous amendment process requiring the approval of 2/3 rds the States. Recall also that in 1798, the passage of the Alien & Sedition Act similarly sought to compromise the Constitution and reatly expand the authority of the Feds.  Thomas Jefferson, author of the Declaration of Independence, and James Madison, author of the Constitution, fought and defeated the A&S Act by going directly to the State Legislatures to force their US Senators to repeal the A&S Act.  This worked extremely well; but that was before the 17th Amendment separated US Senators from their State Legislatures. Still, i think the approach holds.  I suggest we petition the State Legislatures to declare these Executive Orders and Martial Law Congressional authorizations Un-Constitutional; taking the arguments directly to the Supreme Court.  Immediately. excerpt: As of March 16, 2012, your land, your food, your water and your abilities as a laborer are now a wholly owned subsidiary of the United States government at any time they choose to initiate the provisions of this order, which according to the order itself, can be during an emergency or a non-emergency. While some reports indicate that the general impact of this new executive order is negligible, when considered with the broader implications including the  introduction and passage of laws allowing for the indefinite detention of American citizens without charge or trial, restricting the general assembly of individuals to protest, the establishment of an internet 'kill switch' contingency plan and jamming
Gary Edwards

Can Americans Escape the Deception? - 0 views

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    I've been reading Paul Craig Roberts since high school, when i used to clip his backpage columns in NewsWeek magazine. These days, you have to go to his blog to get the truth. But what a truth it is! Incredible, forceful but presented only as PCR can do. His wake up call to America is not about Republicans or Democrats. It's about our liberty and the all out assault our government, socialist and conservatives alike, has launched on the Constitution. Amerika! This is what it comes to. It's also why i'm a libertarian. Read it and weep. Excerpt is from the 9/11 section. excerpt: In a real investigation, the 9/11 evidence would not have been illegally destroyed, and the investigation would have been conducted by experts, not by government agencies assigned a cover-up and by political hacks. The NIST report is abject nonsense. It explains nothing. It is a fabricated computer simulation of a non-event. The co-chairmen and legal counsel of the 9/11 Commission later wrote books in which they stated that information was withheld from the commission, the military lied to the commission, and the commission "was set up to fail." Yet, these astounding admissions by the leaders of the 9/11 Commission had no impact on Congress, the presstitute media, or the public. All heads were in the sand. Please, whatever you do, don't make us emotional weaklings face the facts. More than one hundred firefighters, police, first responders, and building maintenance personnel report hearing and experiencing scores of explosions in the twin towers, including powerful explosions in the sub-basements prior to the collapse of the towers. Distinguished scientists, authors of many peer-reviewed scientific papers, report finding unreacted nano-thermite in the dust from the towers, tested it for its explosive and high-heat producing ability, and reported the unequivocal results. Seventeen hundred architects and engineers have testified in a petition to Congress that the th
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    For a detailed and fully referenced study of how 9-11 Commission Executive Director Philip Zelikow's conflict of interest and how he kept Commission members in the dark and sabotaged the Commission report, see http://tinyurl.com/6tdfc56
Gary Edwards

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

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    Good legal commentary on the NDAA.  A couple of things are overlooked though.  One is that neither the Senate, House or Executive Branch of government has the authority to suspend, change or alter in any way through a bill, regulation or other instrument of law, the Constitution.  The only Constitutional means of changing the Constitution (or Bill of Rights amendments) is that of amending the Constitution.  A ratification process process requiring super majorities of Congress (67%) and the States (75%).
    IMHO, both the NDAA and the Patriot-Act AUMF are un-Constitutional.  But as the Lawfare article points out, on those few occasions where this crap has been legally challenged, the Courts have upheld Habeas Corpus and the Constitution.
    The more troublesome aspect of the NDAA is twofold.  One is that Obama assumes that the AUMF has already given him legal authority to stomp on the Posse Comitatus Act, and use the federal military as his own domestic police force.  Obama has also stated that under the 2001 AUMF, he can assault, arrest and detain any citizen indefinitely, without charges, writ of Habeas Corpus, or warrant.  (See Jonathan Hurley's account of the the legal seminar where Obama representatives explained their interpretation of AUMF, the Patriot Act and NDAA).  
    That's a scary interpretation of the AUMF quite out of line with Bush understanding and actual implementation, and, more importantly, how the Courts ruled on Bush's actions in support of the Constitution. Anyone know where i can sign on to a petition presenting a Bill of Particulars for Articles of Impeachment?  It's past time. NDAA FAQ: A Guide for the Perplexed by Benjamin Wittes (Benjamin Wittes & Robert Chesney)
    The volume of sheer, unadulterated nonsense zipping around the internet about the NDAA boggles the mind. There was a time-only a few months ago-when the NDAA detention provisions were the obscure province of a small group of national security law nerds.
Gary Edwards

U.S. Senate: Senators Home - 0 views

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    Petition Time!  Last week, in a bipartisan action, the House of Representatives voted 267-159 to repeal the CLASS Act. excerpt from the Independent Woman's Voice call-to-action ; The CLASS Act is a microcosm of two of the primary problems that plague ObamaCare - it's unaffordable and completely unworkable. Indeed, that's why Department of Health & Human Services Secretary Kathleen Sebelius had to pull the plug on the CLASS Act back in October. Sebelius was required to certify that CLASS - the health care law's provision to provide for long-term insurance for assisted living - would remain affordable and fiscally solvent for the next 75 years. To the surprise of only those who believe the fairy tail that ObamaCare will never add to the national debt, Secretary Sebelius was compelled to finally cease defending CLASS and abandon it. If only that same standard could be applied to all of ObamaCare. Now, the repeal of the CLASS Act moves on to the Senate. It's high time the Patriots mobilize to put pressure on the Senate to follow the House in repealing CLASS and sending it on to President Obama's desk. Not surprisingly the President has indicated he wouldn't sign repeal of CLASS.  Nonetheless, he should feel the pressure from the American people to do so.
Paul Merrell

Cut Off the NSA's Juice | Global Research - 0 views

  • The National Security Agency depends on huge computers that guzzle electricity in the service of the surveillance state. For the NSA’s top executives, maintaining a vast flow of juice to keep Big Brother nourished is essential — and any interference with that flow is unthinkable. But interference isn’t unthinkable. And in fact, it may be doable. Grassroots activists have begun to realize the potential to put the NSA on the defensive in nearly a dozen states where the agency is known to be running surveillance facilities, integral to its worldwide snoop operations. Organizers have begun to push for action by state legislatures to impede the electric, water and other services that sustain the NSA’s secretive outposts.
  • Those efforts are farthest along in the state of Washington, where a new bill in the legislature — the Fourth Amendment Protection Act — is a statutory nightmare for the NSA. The agency has a listening post in Yakima, in the south-central part of the state. The bill throws down a challenge to the NSA, seeking to block all state support for NSA activities violating the Fourth Amendment. For instance, that could mean a cutoff of electricity or water or other state-government services to the NSA site. And the measure also provides for withholding other forms of support, such as research and partnerships with state universities. Here’s the crux of the bill: “It is the policy of this state to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant that particularly describes the person, place, and thing to be searched or seized.” If the windup of that long sentence has a familiar ring, it should. The final dozen words are almost identical to key phrases in the Fourth Amendment of the U.S. Constitution.
  • In recent days, more than 15,000 people have signed a petition expressing support for the legislation. Launched by RootsAction.org, the petition is addressed to the bill’s two sponsors in the Washington legislature — Republican Rep. David Taylor, whose district includes the NSA facility in Yakima, and Democrat Luis Moscoso from the Seattle area. Meanwhile, a similar bill with the same title has just been introduced in the Tennessee legislature — taking aim at the NSA’s center based in Oak Ridge, Tenn. That NSA facility is a doozy: with several hundred scientists and computer specialists working to push supercomputers into new realms of mega-surveillance capacities. A new coalition, OffNow, is sharing information about model legislation. The group also points to known NSA locations in other states including Utah (in Bluffdale), Texas (San Antonio), Georgia (Augusta), Colorado (Aurora), Hawaii (Oahu) and West Virginia (Sugar Grove), along with the NSA’s massive headquarters at Fort Meade in Maryland. Grassroots action and legislative measures are also stirring in several of those states.
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  • “By working together to tackle the erosion of the Fourth Amendment presented by bulk data collection,” Kellegrew said, “people from across partisan divides are resurrecting the lost art of collaboration and in the process, rehabilitating the possibility of a functional American political dialogue denied to the people by dysfunction majority partisan hackery.” From another vantage point, this is an emerging faceoff between reliance on cynical violence and engagement in civic nonviolence.
  • Serving the warfare state and overall agendas for U.S. global dominance to the benefit of corporate elites, the NSA persists in doing violence to the Constitution’s civil-liberties amendments — chilling the First, smashing the Fourth and end-running the Fifth. Meanwhile, a nascent constellation of movements is striving to thwart the surveillance state, the shadowy companion of perpetual war. This is a struggle for power over what kind of future can be created for humanity. It’s time to stop giving juice to Big Brother.
Paul Merrell

A Rally Against Mass Surveillance | Stop Watching Us - 0 views

  • About the rally Right now the NSA is spying on everyone's personal communications, and they’re operating without any meaningful oversight. Since the Snowden leaks started, more than 569,000 people from all walks of life have signed the StopWatching.us petition telling the U.S. Congress that we want them to rein in the NSA. On October 26th, the 12th anniversary of the signing of the US Patriot Act, we're taking the next step and holding the largest rally yet against NSA surveillance. We’ll be handing the half-million petitions to Congress to remind them that they work for us -- and we won’t tolerate mass surveillance any longer.
  • Who we are StopWatching.us is a coalition of more than 100 public advocacy organizations and companies from across the political spectrum. We came together in June 2013 to demand the U.S. Congress investigate the full extent of the NSA's spying programs. Go here to read our letter to U.S. Congress demanding accountability and reform.
Paul Merrell

Banks pushing for repeal of credit unions' federal tax exemption - Los Angeles Times - 0 views

  • Credit unions have been snatching customers from banks amid consumer frustration over rising fees and outrage over Wall Street's role in the financial crisis.Now banks are fighting back by trying to take away something vital to credit unions — their federal tax exemption.With fast-growing credit unions posing more formidable competition to banks, industry trade groups are pressing the White House and Congress to end a tax break that dates to the Great Depression. "Many tax-exempt credit unions have morphed from serving 'people of small means' to become full-service, financially sophisticated institutions," Frank Keating, president of the American Bankers Assn., wrote to President Obama last month."The time has come to abolish this exemption," Keating said in the letter, which was part of a blitz that included print and radio ads in the nation's capital.
  • Bankers long have complained the tax break is an unfair advantage for large credit unions. Now they see an opportunity to get rid of it as lawmakers begin work on a major overhaul of the tax code that is aimed at eliminating many corporate exemptions and lowering the overall tax rate.The exemption cost $1.6 billion this year in taxes avoided and would rise to $2.2 billion annually in 2018, according to Obama's proposed 2014 budget.In a 2010 report on tax reform, the President's Economic Recovery Advisory Board said eliminating the exemption would raise $19 billion over 10 years and remove the credit unions' "competitive advantage relative to other financial institutions" in the tax code.Credit unions said the effort to take away their tax exemption was simply an attempt to stifle competition and remove one of the only checks on bank fees for consumers.And it comes as some in Congress are pushing to loosen regulations on credit unions so they can expand their business further, including legislation that would lift a cap on the amount of money they can lend to businesses.The tax exemption is crucial to credit unions, which by law can't raise capital through public stock offerings the way that banks can, said Fred R. Becker Jr., president of the National Assn. of Federal Credit Unions, a trade group with about 3,800 federally chartered members."They'll have to convert to banks, which is what the banks want," he said. "Then they'd have, for lack of a better term, a monopoly."
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    So instead of competing on quality and service, banksters aim to eliminate the competition grown by disgruntled bankster customers. Unfortunately, corporate lobbying of government officials is exempt from the anti-trust laws, a consequence of (in my opinion, ill-considered) judicial recognition of a corporate First Amendment right of petition. So once again, we have legal fictions acquiring human rights. Trustees of Dartmouth College v. Woodward, 4 Wheat. 518, 636 (1819) (Marshall, C. J.). ("A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it"). May a corporate charter permissibly bestow the rights of citizenship on an imaginary being? According to latter-day justices of the Supreme Court, corporations have First Amendment rights even if it doesn't say so in the corporate charter. See for example, Citizens United v. Federal Election Com'n, 130 S. Ct. 876 (2010) (chilling effect on "people" used to justify finding a First Amendment right of wholly imaginary corporations). 
Paul Merrell

Supreme Court blocks challenge to NSA phone tracking - RT USA - 0 views

  • The Supreme Court announced Monday morning that it would not be considering at this time a complaint filed months earlier that challenged the legality of the National Security Agency’s dragnet telephone surveillance program. The high court issued a notice early Monday without comment acknowledging that it would not be weighing in on a matter introduced this past June by a privacy watchdog group after NSA leaker Edward Snowden revealed evidence showing that the United States intelligence agency was collecting metadata pertaining to the phone calls of millions of American customers of the telecommunications company Verizon on a regular basis. That disclosure — the first of many NSA documents leaked by Mr. Snowden — prompted the Washington, DC-based Electronic Privacy Information Center, or EPIC, to ask the Supreme Court to consider taking action that would end the collection of phone records on a major scale.
  • When EPIC filed their petition in June, they wrote, “We believe that the NSA’s collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974 and the Foreign Intelligence Surveillance Act of 1978 as amended.” “We ask the NSA to immediately suspend collection of solely domestic communications pending the competition of a public rulemaking as required by law. We intend to renew our request each week until we receive your response,” EPIC said. Five months later, though, the Supreme Court said this week that it would not be hearing EPIC’s plea. A document began circulating early Monday in which the high court listed the petition filed by the privacy advocates as denied. With other cases still pending, however, alternative routes may eventually lead to reform of the NSA’s habits on some level. Lower courts are still in the midst of deciding what action they will take with regards to similar lawsuits filed by other groups in response to the Snowden leaks and the revelations they made possible. The American Civil Liberties Union, the Electronic Frontier Foundation and conservative legal activist Larry Klayman have filed separate civil lawsuits in various US District Courts challenging the NSA’s program, all of which are still pending.
  • Cindy Cohn, the legal director of the EFF, told the Washington Post only weeks after the first Snowden leak appeared that the disclosures had been a “tremendous boon” to other matters being litigated, and pointed to no fewer than five previously-filed complaints challenging various government-led surveillance programs. "Now that this secret surveillance program has been disclosed, and now that Congressional leaders and legal scholars agree it is unlawful, we have a chance for the Supreme Court to weigh in,” EPIC lead counsel Alan Butler told The Verge on Monday.
Paul Merrell

OAS Declaration of the Rights and Duties of Man - 0 views

  • Right to the inviolability and transmission of correspondence Article X. Every person has the right to the inviolability and transmission of his correspondence.
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    Article X of the Organization of American States Declaration of the Rights and Duties of Man would seem to prohibit NSA interception and review of email content. That treaty is binding on the U.S. via the Constitution's Treaty Clause. However, the OAS procedural provisions require exhaustion of national remedies before petitioning the Commission for review.
Gary Edwards

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

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

2013 mass surveillance disclosures - Wikipedia, the free encyclopedia - 0 views

  • 1 Historical context 1.1 Origins of clandestine surveillance in the United States (1919–78) 1.2 Mass surveillance in a global context (1988-2000) 1.3 9/11 and its implications on mass surveillance (2001–2009) 1.4 Acceleration of media leaks (2010–present) 2 Summary of NSA surveillance 2.1 Purposes 2.2 Targets 2.3 International cooperation 3 2013 Disclosures by category 3.1 Court Orders, Memos and Policy Documents 3.2 Reports 3.3 Collection and Analysis Programs or Hardware 3.4 Relationships with Corporate Partners 3.5 NSA Databases 3.6 Signals Intelligence Directorates (SIDs) 3.7 Technical Directorates 3.8 Names associated with specific targets 3.9 Uncategorized or insufficiently described codenames. 3.10 GCHQ Operations 3.11 NSA Operations 3.12 NSA Relationships with Foreign Intelligence services 3.13 Unrelated to Edward Snowden 4 Media reports 4.1 Chronology 4.2 Disclosures 4.3 Violation of civil liberties and international law 5 Fallout 5.1 Counter-terrorism and national security 5.2 Impact on foreign relations 5.3 Amash/Conyers Amendment 5.4 Public reaction 5.4.1 Petitions 5.4.2 Protests 6 Media related to the disclosures 7 See also 8 References 9 Further reading
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    Wikipedia begins pulling its act together on coverage of the NSA scandal. This article is, at least for the time being, a major NSA scandal research resource. But wait to see how soon NSA sock puppets bowdlerize it. The occasional snapshot downloaded or stored in e.g., Zotero, is advisable.   
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    Wow. Diigo handled the markup just fine in My Library but decided to display the raw HTML here. That's got to be a bug. Click through to Wikipedia and look at the table of contents. That's what buried in the markup above.
Paul Merrell

Swiss in Forefront With Basic Income Proposal | Global Research - 0 views

  • Within the European Union, a profound awakening of public consciousness is taking place as organizers seek to obtain one million signatures on a petition in favor of a basic income guarantee for all citizens. Under the EU constitution, this number of signatures is required for the proposal to undergo formal study and debate by the European parliament. In Switzerland, however, voters have seized the initiative through their own petition to have the Swiss government vote on a basic income guarantee of $2,500 Swiss francs per month, equivalent to $2,800 U.S. dollars.
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    Interesting response to the financial collapse and income equality. Compatible with the U.N. Declarationof Universal Human Rights, Art. 25: "(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control." http://www.un.org/en/documents/udhr/index.shtml#a25
Paul Merrell

Obama administration opts not to force firms to decrypt data - for now - The Washington... - 0 views

  • After months of deliberation, the Obama administration has made a long-awaited decision on the thorny issue of how to deal with encrypted communications: It will not — for now — call for legislation requiring companies to decode messages for law enforcement. Rather, the administration will continue trying to persuade companies that have moved to encrypt their customers’ data to create a way for the government to still peer into people’s data when needed for criminal or terrorism investigations. “The administration has decided not to seek a legislative remedy now, but it makes sense to continue the conversations with industry,” FBI Director James B. Comey said at a Senate hearing Thursday of the Homeland Security and Governmental Affairs Committee.
  • The decision, which essentially maintains the status quo, underscores the bind the administration is in — balancing competing pressures to help law enforcement and protect consumer privacy. The FBI says it is facing an increasing challenge posed by the encryption of communications of criminals, terrorists and spies. A growing number of companies have begun to offer encryption in which the only people who can read a message, for instance, are the person who sent it and the person who received it. Or, in the case of a device, only the device owner has access to the data. In such cases, the companies themselves lack “backdoors” or keys to decrypt the data for government investigators, even when served with search warrants or intercept orders.
  • The decision was made at a Cabinet meeting Oct. 1. “As the president has said, the United States will work to ensure that malicious actors can be held to account — without weakening our commitment to strong encryption,” National Security Council spokesman Mark Stroh said. “As part of those efforts, we are actively engaged with private companies to ensure they understand the public safety and national security risks that result from malicious actors’ use of their encrypted products and services.” But privacy advocates are concerned that the administration’s definition of strong encryption also could include a system in which a company holds a decryption key or can retrieve unencrypted communications from its servers for law enforcement. “The government should not erode the security of our devices or applications, pressure companies to keep and allow government access to our data, mandate implementation of vulnerabilities or backdoors into products, or have disproportionate access to the keys to private data,” said Savecrypto.org, a coalition of industry and privacy groups that has launched a campaign to petition the Obama administration.
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  • To Amie Stepanovich, the U.S. policy manager for Access, one of the groups signing the petition, the status quo isn’t good enough. “It’s really crucial that even if the government is not pursuing legislation, it’s also not pursuing policies that will weaken security through other methods,” she said. The FBI and Justice Department have been talking with tech companies for months. On Thursday, Comey said the conversations have been “increasingly productive.” He added: “People have stripped out a lot of the venom.” He said the tech executives “are all people who care about the safety of America and also care about privacy and civil liberties.” Comey said the issue afflicts not just federal law enforcement but also state and local agencies investigating child kidnappings and car crashes — “cops and sheriffs . . . [who are] increasingly encountering devices they can’t open with a search warrant.”
  • One senior administration official said the administration thinks it’s making enough progress with companies that seeking legislation now is unnecessary. “We feel optimistic,” said the official, who spoke on the condition of anonymity to describe internal discussions. “We don’t think it’s a lost cause at this point.” Legislation, said Rep. Adam Schiff (D-Calif.), is not a realistic option given the current political climate. He said he made a recent trip to Silicon Valley to talk to Twitter, Facebook and Google. “They quite uniformly are opposed to any mandate or pressure — and more than that, they don’t want to be asked to come up with a solution,” Schiff said. Law enforcement officials know that legislation is a tough sell now. But, one senior official stressed, “it’s still going to be in the mix.” On the other side of the debate, technology, diplomatic and commerce agencies were pressing for an outright statement by Obama to disavow a legislative mandate on companies. But their position did not prevail.
  • Daniel Castro, vice president of the Information Technology & Innovation Foundation, said absent any new laws, either in the United States or abroad, “companies are in the driver’s seat.” He said that if another country tried to require companies to retain an ability to decrypt communications, “I suspect many tech companies would try to pull out.”
Paul Merrell

Ukraine's President Poroshenko Says Overthrow of Yanukovych Was a Coup | Global Researc... - 0 views

  • Ukraine’s President Petro Poroshenko requests the supreme court of Ukraine to declare that his predecessor, Viktor Yanukovych, was overthrown by an illegal operation; in other words, that the post-Yanukovych government, including Poroshenko’s own Presidency, came into power from a coup, not from something democratic, not from any authentic constitutional process at all. In a remarkable document, which is not posted at the English version of the website of the Constitutional Court of Ukraine, but which is widely reported outside the United States, including Russia, Poroshenko, in Ukrainian (not in English), has petitioned the Constitutional Court of Ukraine (as it is being widely quoted in English): “I ask the court to acknowledge that the law ‘on the removal of the presidential title from Viktor Yanukovych’ as unconstitutional.”
  • If the Court grants Poroshenko’s petition, then the appointment of Arseniy Yatsenyuk by the U.S. State Department’s Victoria Nuland on 4 February 2014, which was confirmed by the Ukrainian parliament (or Rada) at the end of the coup on February 26th, and the other appointments which were made, including that of Oleksandr Turchynov to fill in for Yanukovych as caretaker President until one of the junta’s chosen candidates would be ‘elected’ on May 25th of 2014, which ‘election’ Poroshenko won — all of this was illegal. However, this illegality had already been known. It was already explained in detail on 28 February 2014, that, “Yanukovych’s removal was unconstitutional.” That’s for lawyers; but, now, finally, Ukraine’s Constitutional Court is faced with the shocking predicament of Ukraine’s own President, who won his post as a result of this coup, requesting them to “acknowledge” that it was a coup, much as the founder of the “private CIA” firm Stratfor had even called it, “the most blatant coup in history.” (It was that because the authentic video and other evidence of its having been a Washington job was so massive.) Also in the news now is that Dmitriy Yarosh‘s Right Sector — the same group that Washington had hired for the coup and for the ethnic cleansing campaign in Ukraine’s former Donbass region — have announced that they will assemble in Kiev on July 3rd to overthrow Petroshenko unless he restarts right now the war against Donbass. The people whom Washington paid to oust Yanukovych are planning to do the same to Poroshenko. There is a struggle inside the Obama Administration about how far they can successfully go with their Ukrainian nazis not formally leading the country.
Gary Edwards

How Do You Feel About Paying $50 Million a Year for 1,125 Postal Workers Who Are Ordere... - 0 views

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