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Paul Merrell

Congress Is Irrelevant on Mass Surveillance. Here's What Matters Instead. - The Intercept - 0 views

  • The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.
  • So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.
  • Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.
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  • Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from—are now coming from —very different places:
  • All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy.
  • There is a real question about whether the defeat of this bill is good, bad, or irrelevant. To begin with, it sought to change only one small sliver of NSA mass surveillance (domestic bulk collection of phone records under section 215 of the Patriot Act) while leaving completely unchanged the primary means of NSA mass surveillance, which takes place under section 702 of the FISA Amendments Act, based on the lovely and quintessentially American theory that all that matters are the privacy rights of Americans (and not the 95 percent of the planet called “non-Americans”). There were some mildly positive provisions in the USA Freedom Act: the placement of “public advocates” at the FISA court to contest the claims of the government; the prohibition on the NSA holding Americans’ phone records, requiring instead that they obtain FISA court approval before seeking specific records from the telecoms (which already hold those records for at least 18 months); and reducing the agency’s “contact chaining” analysis from three hops to two. One could reasonably argue (as the ACLU and EFF did) that, though woefully inadequate, the bill was a net-positive as a first step toward real reform, but one could also reasonably argue, as Marcy Wheeler has with characteristic insight, that the bill is so larded with ambiguities and fundamental inadequacies that it would forestall better options and advocates for real reform should thus root for its defeat.
  • 1) Individuals refusing to use internet services that compromise their privacy.
  • 2) Other countries taking action against U.S. hegemony over the internet.
  • 4) Greater individual demand for, and use of, encryption.
  • 3) U.S. court proceedings.
  • The “USA Freedom Act”—which its proponents were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill.
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    Glenn Greenwald on why the death of the USA Freedom Act is actually a Very Good Thing. I couldn't agree more.
Gary Edwards

How JP Morgan Took Over All Kentucky's Financial Services, And Why You Should Be Scared... - 0 views

  • Writing in response to the JP lawsuit on his Rolling Stone blog, Taibbi lamented that big banks were getting away with crimes that, when pulled off by blue-collar muscle outfits like the mob (and they are), result in lengthy jail sentences. Fraud on the part of JP Morgan and other corporate banks, he concluded, is “not going to stop until people start doing hard time for these crimes.”
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    On July 1, JP Morgan Chase became the Commonwealth's bank. As the state's official depository, JP now receives all deposits, writes all checks and makes all wire transfers on the $12-15 billion that flow through Kentucky state government in the course of a fiscal year. It will cut payroll checks, receive federal and other funds earmarked for the state, and disburse educational or transportation or any other funds to their appropriate monetary endpoints. For its trouble, the bank will receive $1.3 million in state fees and the ability to re-lend idle state funds out to customers for private gain. Yes, you should be worried. JP's decade A global corporation with more than $2 trillion in assets and operations in 60 countries, JP Morgan Chase has been a major figure in the ongoing global financial crisis. As one of the largest private banks in the U.S., the bank made incredible amounts of money by underwriting many of the questionable loans (sub-prime, zero down, adjustable rate) that fueled the American housing bubble. It then made even more money by packaging hundreds of these shitty loans into a single "product," a mortgage backed security, which it sold like Twinkies to pious religious non-profits, filthy-rich hedge fund managers, municipal fire-fighters, retired auto-workers, and the like, each security effectively putting these groups on the hook-and not JP-for the shitty loans that it had helped create. When, inevitably, individual homeowners began to default on their loans, thereby triggering the stock market collapse of 2008, JP Morgan found a way to make money on that, too, by buying insurance (known as credit default swaps) on the shitty securities of shitty mortgages that it had sold to unwitting investors. For good measure, the U.S. government handed the corporation $25 billion in TARP funds, $30 billion in U.S. treasury backing to purchase bankrupt Bear Stearns (previously a global leader in mortgage backed securities), and the biggest chun
Gary Edwards

$29,000,000,000,000: A Detailed Look at the Fed's Bailout by Funding Facility and Recip... - 0 views

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    Stunning stuff.  No need to bailout the European Banks because the Federal Reserve has already done that!!! The Levi Institute of Economics has published the details of the Federal Reserve's International Bankster bailout from late 2007 to 2009.  It's far more than the $16.2 Trillion the GAO audit uncovered in July of 2010.  It's far more than the $7.77 Trillion Bloomberg discovered in their Freedom of Information action against the Federal Reserve.  Researching the "recipients" of the USA Federal reserve Bankster largess, the Levi Institute documents a whopping $29 Trillion has been distributed to Bankster coffers at near zero percent interest.   Note that no debt, and no loans of any kind has been purchased, retired, restructured or otherwise dealt with.  The bad loans remain on the books, including crushing interest payments that continue to escalate and accrue.  Debtors continue to fall deeper into debt.  Foreclosure and default loom over public, private and sovereign debtors.  So where did the money go?  $29 Trill is more than enough to retire the entire USA national debt, with interest, and, every mortgage both public and private in the USA. abstract: There have been a number of estimates of the total amount of funding provided by the Federal Reserve to bail out the financial system. For example, Bloomberg recently claimed that the cumulative commitment by the Fed (this includes asset purchases plus lending) was $7.77 trillion. As part of the Ford Foundation project "A Research and Policy Dialogue Project on Improving Governance of the Government Safety Net in Financial Crisis," Nicola Matthews and James Felkerson have undertaken an examination of the data on the Fed's bailout of the financial system-the most comprehensive investigation of the raw data to date. This working paper is the first in a series that will report the results of this investigation. The extraordinary scope and magnitude of the recent financial crisis of 2007-09 required an
Gary Edwards

Doug Casey Answers The Hard Questions About Hard Times - Casey Research - 1 views

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    No Holds Bared Capitalism  .... Mr. Casey of Casey Research recommends that the USA immediately default on the national debt; bring home all military troops immediately and close oversees military bases;  Close the Federal Reserve!  Move to gold/silver backed currency.  Abolish praetorian federal agencies - immediately.  The rich are in position to bribe and elect toady politicians.  the socialist policies cement the poor and middle class to the bottom.  These programs are designed to keep them poor and dependent.  The middle class saves in dollars, and those savings are being systematically destroyed by the enormous debt of social, military and regulatory spending that is infused with corruption from top to bottom.   Financial advice to the middle class?  Get into GOLD and other hard assets.  Cut back standard of living before inflation and unsustainable government programs and promises cuts it back for you. Is Doug long on US equities and assets?  GOLD!  It's the dollar that is being destroyed.  Stocks are very expensive now.  Casey is thinking of buying USA real estate.  Not Bonds.  Even at $1800 per oz, Gold is still good.  Mining stocks are cheap relative to GOLD, but watch for bubble in these stocks.  Life changing moment: 1971 - Harry Brown's book "How to Profit from the coming Devaluation".  Buy GOLD.  "Crisis Investing" book by Casey in 1978.  Advice?  Skip college.  Minds cluttered with false concepts and a ton of debt.  
Gary Edwards

GOP immigration plan devised by Communist Party - 0 views

  • Republican support
  • But why would Republicans get behind such a plan? Some astute political observers advise that when politicians appear to be promoting agendas against their own interest, follow the money.
  • So, illegal aliens would be granted legal status immediately, but five years down the road, if the fence still isn’t built and e-verify still isn’t being used, then their legal status would be revoked. Given that the Department of Homeland Security is already allegedly ignoring border security –with immigration and customs agents suing their own agency for failing to enforce the law – many voters place little confidence in political promises of future enforcement.
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  • But even if big business benefits, the cheap labor advantages are only temporary. Once illegal aliens are fully legalized, businesses will be required to provide just as much in pay and benefits as they pay American workers.
  • In the meantime, however, it is widely assumed those workers will take jobs from American citizens, depress wages and increase unemployment. Moreover, in many key swing states, projected amnesties will swamp the rolls of the unemployed (see table)
  • t’s no surprise that the Republicans supporting this thing are the ones with ties to the Chamber of Commerce, not ordinary voters.”
  • In the meantime, Senate and House opponents have been painstakingly highlighting what they consider to be glaring flaws in these proposals: Every single border security provision in the Senate bill, including the hire of 20,000 Border Patrol agents, denying amnesty to criminals, building fences and installing surveillance devices, can be waived by the Homeland Security secretary. Both the House and Senate proposals emphasize the path to citizenship – the centerpiece of communist efforts – while making border security both vague and secondary. Both bills provide a $5,000 incentive for companies to hire the newly legalized illegal aliens instead of Americans, since the aliens would not be subject to the Obamacare coverage mandate.
  • Although politicians and the media have settled on the claim that there are 11 million illegal aliens, the actual number may well be closer to 20 million to 30 million. There were 10 million in 1996, a mere 10 years after Reagan’s amnesty, and it is doubtful only one million more have been added in the ensuing 17 years. Since 1990, Border agents have apprehended on average more than 1 million illegal aliens per year, almost all from Mexico.
  • When the Reagan amnesty became law, the intention was to naturalize only 1.2 million people, but the actual figure turned out to be 2.7 million. Statistics on illegal immigration have longed tended to be underestimated, sometimes vastly so.
  • Thus, current proposals provide a path to citizenship for as many as 20 to 30 million illegal aliens here now, plus relatives who will be brought in through chain migration and at least 75 percent of those who will come in the future – virtually endless amnesty – while efforts to secure the border are almost certain to be insufficient.
  • With polls showing more than two-thirds of Americans don’t believe “immigration laws would be enforced in the future if illegal aliens were given amnesty,” it is clear that passage of the current Republican-backed bill may indeed fulfill the agenda of its communist originators – the creation of a permanent Democrat voting majority, guaranteeing permanent control of the United States government by leftist progressives.
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    Wow.  Documentation up the ying yang .......... "The U.S. Senate's "Gang of Eight" immigration-reform plan, as well as a strikingly similar plan now being backed by Rep. Paul Ryan, R-Wis., and a bi-partisan House "Gang," both offer the "roadmap to citizenship" originally conceived and carefully developed by members of the Communist Party USA working within the Democratic Party and the radical left activist network for the purpose of using amnestied illegals to build a "permanent progressive majority." That is the inescapable conclusion readers will draw after reading the forthcoming book by acclaimed researcher and blogger Trevor Loudon, titled "The Enemies Within: Communists, Socialists and Progressives in the U.S. Congress." Although not yet published, Loudon agreed to allow WND readers to preview one chapter, titled "Latino Immigrants: Tools to Ensure a 'Governing Coalition' for the Left." Ads by Google Marriage Visa Lawyer $195 Get Your Fiance/Spouse to the USA. Free Consultation. (888) 902-9285 EasyFianceVisa.com/SpousalVisa Canadian Rockies By Train Experience the Rockies By Train. Luxury Mountain Travel By Rail TravelAlberta.us/Train In the book, Loudon exhaustively documents the Left's longtime agenda regarding illegal aliens and how its activists have gone about implementing it. He provides irrefutable proof that the entire immigration-reform movement was the brainchild of American communists and that their goal has long been to establish unchallengeable political supremacy. According to Loudon, the Communist Party USA has influenced U.S. policy toward illegals since at least the 1960s. He traces the history, showing how communists and communist-founded organizations slowly built the movement from the ground up. While other groups certainly joined the effort, the communists were always at the center. For example, he tells the story of CPUSA member Bert Corona, the "Communist Father of the 'Immigrants Rights' move
Gary Edwards

Disaster Averted? Not! The Back Story on the Debt Limit | Experts' Corner | Big Think - 0 views

  • You see, it is an extremely important but little known fact that China's currency peg -- the #1 trade cheat the Dragon uses to vacuum jobs out of the USA -- actually compels them to loan us money no matter how loudly they insist that that they have a choice of investments. It works like this: American's proclivity to take both the wages from our Democratic stimulus job and the checks from our Republican tax refunds down to Wal-Mart for another cart full of Chinese products, not only creates more jobs in Guangzhou than it does Milwaukee but also leaves China bursting with US dollars. The Chinese government then soaks up a lot of those bucks from companies like Huawei by selling short term, high yield bonds that pay back in Yuan. They then march those dollars right back to the US treasury. In fact, they pay MORE to get the dollars out of private hands in China than they earn on the increasingly risky bet they are making in US debt! At this point you should be thinking, "WTF?"
  • If China's firms were allowed to trade their dollars for Chinese Yuan on the foreign exchanges, the dollar would fall against the Yuan and undermine China's unfair 40% advantage against every American (and European and Asian) product. If they trade those bucks for some other currency, like the Euro, the dollar is still being sold and it still falls, plus China's growth draws a them right back in searching to buy Yuan, which would then rise. If China purchases products or commodities on the open markets, those dollars would still be exchanged, the greenback would drop to competitive levels, the Yuan would rise to its real purchasing power and Americans would go back to work making things.
  • Wishing to avoid that horror of horrors at all costs, the Boys from Beijing must hold their noses and throw another billion good dollars after bad into the pit of the US treasury.
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  • Like Frodo's ring of power, the dollar can only be destroyed where it was created.
  • So when the President and the Congress reluctantly shake hands over this deal to avert disaster, understand that they have in great part only agreed to fuel the fire that has been burning down America's jobs factory for years, and thereby undermining government revenues and creating the apparent need for constant stimulus. 
  • So far, borrowing is the only way these folks of wee little imagination can see to sustain both the President's exorbitant level of spending and the Republican's stubborn pledge against tax increases.
  • The obvious solutions eludes them, which is either to stop borrowing from communist criminals and borrow at higher interest rates from Americans, or slap a significant tariff on China until they drop their currency peg and illegal trade barriers
  • The last decade of ultra low-interest rates, government stimulus efforts, and engagement with Communist China have clearly been an unmitigated disaster for the US economy.
  • Is anyone in DC listening?
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    Excellent article written by Peter Navarro and Greg Autry, authors of "Death by China: Confronting the Dragon -- A Global Call to Action". The authors explain why China MUST continue to buy US Treasuries regardless of the low rate of return and extremely high risk of default or ravage by inflation through the destruction of the dollar.  Very interesting.  But the game China is playing really looks unsustainable. The one thing the authors don't touch is the role International Banksters and their New World Corporations have played in this assault on American propserity.  I guess i have to get the book!   One last point; having worked for a Chinese Corporation desiring to enter the USA-European information technology markets, i don't doubt for a moment that Autry and Navarro have this exactly right.  We are at war, with Chicomms providing the shock troops for this latest Bankster - Bankster Corp assault on our liberty.
Gary Edwards

Signs That China Is Making A Move Against The U.S. Dollar - America Conservative 2 Cons... - 0 views

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    Two articles about China taking over America appeared today on the American Conservative web site. Incredible stuff. The first deals with the dollar, and how China plans on replacing it. The second article is focused on the Chinese take over of businesss and American assets, including American land. At the heart of both articles is the problem of out of control US DEBT tha tis destroying this country. Intro: "On the global financial stage, China is playing chess while the U.S. is playing checkers, and the Chinese are now accelerating their long-term plan to dethrone the U.S. dollar.  You see, the truth is that China does not plan to allow the U.S. financial system to dominate the world indefinitely.  Right now, China is the number one exporter on the globe and China will have the largest economy on the planet at some point in the coming years.  The Chinese would like to see global currency usage reflect this shift in global economic power.  At the moment, most global trade is conducted in U.S. dollars and more than 60 percent of all global foreign exchange reserves are held in U.S. dollars.  This gives the United States an enormous built-in advantage, but thanks to decades of incredibly bad decisions this advantage is starting to erode.  And due to the recent political instability in Washington D.C., the Chinese sense vulnerability.  China has begun to publicly mock the level of U.S. debt, Chinese officials have publicly threatened to stop buying any more U.S. debt, the Chinese have started to aggressively make currency swap agreements with other major global powers, and China has been accumulating unprecedented amounts of gold.  All of these moves are setting up the moment in the future when China will completely pull the rug out from under the U.S. dollar. Today, the U.S. financial system is the core of the global financial system.  Because nearly everybody uses the U.S. dollar to buy oil and to trade with one another, this cre
Paul Merrell

Bulk Collection Under Section 215 Has Ended… What's Next? | Just Security - 0 views

  • The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”
  • But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.
  • There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.
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  • The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.
  • Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.
Gary Edwards

Porter Stansberry : This key gov't statistic is signaling crisis - 0 views

  • These obligations aren't future promises to pay. This isn't Medicare spending projected out until 2040. These are all obligations that either have known maturities or will come due in the next two or three years.
  • What's a reasonable rate of interest on these debts? Right now, it costs the U.S. government almost 5% to borrow for 30 years. Let's assume the blended borrowing cost goes to that amount – which is well below the government's average borrowing costs since 1980. That would equal $1 trillion in interest payments due, per year. That's 100% of all income taxes paid in 2009.
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    Key Stat: The amount of the government's revenues that must go towards paying interest. The U.S. already has more debt than it can afford, which puts it at an enormous risk of a debt and currency collapse.  ... Our "short term" debt means we'll have to "roll over" roughly $4 trillion in the next 30 months. That's in addition to funding another $3 trillion or so in additional annual deficits. As of today, China is a net seller of Treasury debt. If we can't fund our debts in the bond market, the Federal Reserve will be forced to monetize our deficits by buying Treasury bonds. If that happens, inflation will soar and the price of gold will double or triple almost overnight. By the end of OBAMA!'s first presidency (2013), I believe the U.S. will owe roughly: $17.8 trillion in federal debt, $2 trillion in GSE debt/guarantees, $500 billion in FDIC obligations, and $500 billion in FHA obligations. My only big assumption is $1.5 trillion in additional deficits each year, which is what the president's budget also predicts.  Right now, it costs the U.S. government almost 5% to borrow for 30 years. Let's assume the blended borrowing cost goes to that amount - which is well below the government's average borrowing costs since 1980. That would equal $1 trillion in interest payments due, per year. That's 100% of all income taxes paid in 2009. This amount of debt isn't sustainable. Felix Zulauf, one of Europe's top money managers, "Eventually the U.S. will arrive at the point where, as Marc Faber says, interest payments on government debt all of a sudden go to 20%, 25%, 30% of tax revenue. And once you go above 30%, you are done. You go into default or your currency breaks down and your system collapses."  act now to protect yourself. If you wait until the last minute to get your assets out of the U.S., you'll never make it.
Paul Merrell

55% Of Americans Want Independent To Run Against Trump, Clinton - 1 views

  • It’s happening! According to a new poll, Americans have finally maxed out their tolerance for “lesser evils” in presidential politics. The survey, published by independent research firm, Data Targeting, found a majority of Americans now want an independent candidate to take on Hillary Clinton and Donald Trump — two of the most disliked candidates in recent history. Researchers for the poll, conducted among 997 registered voters via both home and mobile phones this month, reported that “58% of respondents are dissatisfied with the current group of Republican and Democratic candidates for President” — and that 55 percent believe there should be an independent ticket (it is unclear why 3 percent apparently dislike the current candidates but puzzlingly do not think there should be another option). In perhaps the most extreme finding of the analysis, “a shocking 91% of voters under the age of 29 favor having an independent candidate on the ballot.” Considering younger generations’ lack of party allegiance and disillusionment with the status quo, their disapproval of Clinton and Trump seems predictable — but 91 percent constitutes near-total rejection. Tellingly, over 68 percent of participants in the poll were over the age of 50. Older generations are more likely to be attached to party identity, making their acceptance of other options a telling indicator of the populace’s distaste for their current options.
  • The United States has notoriously clung to the narrow two-party duopoly for most of its history — even as the crafters of the Constitution, for all their staggering shortcomings, cautioned of the dangers of such myopic political representation and party allegiance. But considering the unpopularity of Trump and Clinton — the former has a 55 percent unfavorability liking, the latter 56 percent — Americans appear to be turning a corner on their perception of who deserves power in politics. In fact, 65 percent of poll respondents said they would be “at least somewhat, pretty or very willing to support a candidate for President who is not Donald Trump or Hillary Clinton” — a stark difference from 2012, when Americans resisted deviation from the norm. A Gallup poll from that year highlighted the nation’s two-party rigidity. “U.S. registered voters show limited support for third-party candidates…with the vast majority preferring Barack Obama or Mitt Romney,” analysts reported just a few months before the 2012 general election. They concluded about 5% of Americans would vote for a third-party candidate that year. Just four years later, however, that figure has exploded. As the Data Testing report explains: “In a ballot test against Clinton and Trump, a truly independent candidate starts off with 21% of the vote,” already far greater than 2012’s 5%. “But this number increases to 29% in the ‘Big Sky’ region, 30% in ‘New England’ and 28% in the ‘West’ region.”
  • Independents were even more willing to break away from the options they’ve been given. “Among voters with an unfavorable opinion of both Trump and Clinton, the independent actually wins the ballot test,” researchers reported, noting that of the three options, 7 percent of respondents chose Clinton, 11 percent chose Trump, and a staggering 56 percent chose the unspecified third-party candidate. Though these ballot test findings are lower than the statistic that 65 percent would be open to breaking away from Clinton and Trump, the increase of third-party interest from 2012 remains palpably significant. It should be noted that Data Targeting is a GOP-affiliated political research firm, however, the results indicate little room for bias. In fact, they are paramount in an election where, as the analysis notes, Clinton and Trump provoke more animosity than enthusiasm. Perhaps highlighting lingering attachments to two-party thinking, Clinton’s highest unfavorability rating (78 percent) came from Republicans, while Trump’s highest unfavorability rating (71 percent) came from Democrats. Regardless, it is undeniable Americans are fed up with the system at large. According to another recent poll, just over half believe elections are rigged. Interest in third-party options, like the Libertarian and Green parties, is also steadily growing. As Ron Paul, the outspoken former presidential candidate, whose 2012 campaign wasundermined by the media and Republican establishment, recently said, “I’ve never bought into this idea that the lesser of two evils is a good idea” — and Americans increasingly agree. According to a Gallup poll released last year, 43 percent of Americans identify as independent — the highest number in the history of the poll.
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  • Meanwhile, faith in mainstream media is also dwindling — and it tends to dip even lower in election years, as Americans observe the perpetual circus acts performed by corporate outlets. With contentious power struggles raging both within the major parties and between them, Americans appear to be sobering up to the realities of party dominance and loyalty as they evolve beyond their crumbling political past.
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    Of course the 55% would never agree on a single candidate, so let's not get our hopes up.
Paul Merrell

VIDEO: Rep. Tulsi Gabbard Introduces Legislation to Stop Arming Terrorists | Congresswo... - 0 views

  • Rep. Tulsi Gabbard (HI-02) introduced the Stop Arming Terrorists Act today. The legislation would prohibit the U.S. government from using American taxpayer dollars to provide funding, weapons, training, and intelligence support to groups like the Levant Front, Fursan al Ha and other allies of Jabhat Fateh al-Sham, al-Qaeda and ISIS, or to countries who are providing direct or indirect support to those same groups. The legislation is cosponsored by Reps. Peter Welch (D-VT-AL), Barbara Lee (D-CA-13), Dana Rohrabacher (R-CA-48), and Thomas Massie (R-KT-04), and supported by the Progressive Democrats of America (PDA) and the U.S. Peace Council. Video of Rep. Tulsi Gabbard’s speech on the House floor is available here Rep. Tulsi Gabbard said, “Under U.S. law it is illegal for any American to provide money or assistance to al-Qaeda, ISIS or other terrorist groups. If you or I gave money, weapons or support to al-Qaeda or ISIS, we would be thrown in jail. Yet the U.S. government has been violating this law for years, quietly supporting allies and partners of al-Qaeda, ISIL, Jabhat Fateh al Sham and other terrorist groups with money, weapons, and intelligence support, in their fight to overthrow the Syrian government.[i] “The CIA has also been funneling weapons and money through Saudi Arabia, Turkey, Qatar and others who provide direct and indirect support to groups like ISIS and al-Qaeda. This support has allowed al-Qaeda and their fellow terrorist organizations to establish strongholds throughout Syria, including in Aleppo.
  • “A recent New York Times article confirmed that ‘rebel groups’ supported by the U.S. ‘have entered into battlefield alliances with the affiliate of al-Qaeda in Syria, formerly known as al Nusra.’ This alliance has rendered the phrase ‘moderate rebels’ meaningless. Reports confirm that ‘every armed anti-Assad organization unit in those provinces [of Idlib and Aleppo] is engaged in a military structure controlled by [al-Qaeda’s] Nusra militants.’ “A recent Wall Street Journal article reported that many rebel groups are ‘doubling down on their alliance’ with al Nusra. Some rebel groups are renewing their alliance, while others, like Nour al-Din al-Zinki, a former CIA-backed group and one of the largest factions in Aleppo are joining for the first time. “The Syria Conquest Front—formerly known as the al-Qaeda-linked Nusra Front—is deeply intermingled with armed opposition groups of all stripes across Syria’s battlefields.”  “The CIA has long been supporting a group called Fursan al Haqq, providing them with salaries, weapons and support, including surface to air missiles.  This group is cooperating with and fighting alongside an al-Qaeda affiliated group trying to overthrow the Syrian government. The Levant Front is another so-called moderate umbrella group of Syrian opposition fighters. Over the past year, the United States has been working with Turkey to give this group intelligence support and other forms of military assistance. This group has joined forces with al-Qaeda’s offshoot group in Syria.  “This madness must end. We must stop arming terrorists. The Government must end this hypocrisy and abide by the same laws that apply to its’ citizens. 
  • “That is why I’ve introduced the Stop Arming Terrorists bill—legislation based on congressional action during the Iran-Contra affair to stop the CIA’s illegal arming of rebels in Nicaragua. It will prohibit any Federal agency from using taxpayer dollars to provide weapons, cash, intelligence, or any support to al-Qaeda, ISIS and other terrorist groups, and it will prohibit the government from funneling money and weapons through other countries who are directly or indirectly supporting terrorists,” concluded Rep. Tulsi Gabbard.
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  • Background: The Stop Arming Terrorists bill prohibits U.S. government funds from being used to support al-Qaeda, ISIS or other terrorist groups. In the same way that Congress passed the Boland Amendment to prohibit the funding and support to CIA backed-Nicaraguan Contras during the 1980’s, this bill would stop CIA or other Federal government activities in places like Syria by ensuring U.S. funds are not used to support al-Qaeda, Jabhat Fateh al-Sham, ISIS, or other terrorist groups working with them. It would also prohibit the Federal government from funding assistance to countries that are directly or indirectly supporting those terrorist groups. The bill achieves this by: Making it illegal for any U.S. Federal government funds to be used to provide assistance covered in this bill to terrorists. The assistance covered includes weapons, munitions, weapons platforms, intelligence, logistics, training, and cash. Making it illegal for the U.S. government to provide assistance covered in the bill to any nation that has given or continues to give such assistance to terrorists. Requiring the Director of National Intelligence (DNI) to determine the individual and groups that should be considered terrorists, for the purposes of this bill, by determining: (a) the individuals and groups that are associated with, affiliated with, adherents to or cooperating with al-Qaeda, Jabhat Fateh al-Sham, or ISIS; (b) the countries that are providing assistance covered in this bill to those individuals or groups. Requiring the DNI to review and update the list of countries and groups to which assistance is prohibited every six months, in consultation with the House Foreign Affairs and Armed Services Committees, as well as the House Permanent Select Committee on Intelligence. Requiring the DNI to brief Congress on the determinations.
  • [i] Levant Front (U.S. backed, via the MOC in Turkey) is working under an Ahrar al Sham led umbrella group: http://www.understandingwar.org/sites/default/files/December%202%20EDITS%20COT_2.pdf ; U.S. support for Levant Front: http://carnegie-mec.org/diwan/57605?lang=en ; CIA groups cooperated with Jayesh al-Fateh http://www.thedailybeast.com/articles/2016/01/19/the-cia-s-syria-program-and-the-perils-of-proxies.html; U.S. weapons arriving in Syria through covert, CIA-led program, via Saudi Arabia and Turkey; CIA can provide support http://www.reuters.com/article/us-usa-syria-obama-order-idUSBRE8701OK20120802
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    A member of Congress who has actually discovered hyperlinks? Amazing.
Gary Edwards

The Real Reason We Keep Bailing Out AIG : John Crney of Clusterstock/business-insider - 0 views

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    How could one company be worth bailing out for $180 billion? That's how much the US has contributed to AIG so far. So what is it about an insurance company that makes AIG so central to the financial system that they can't be allowed to fail at any cost? Great comments on this issue. Basically, AIG credit default swaps were being used as gambling chips. Originally intended as a means of providing banks with "regulation arbitrage", the CDS artificially lowered risk by insuring sub-prime securities, which were themselves thought to be tax-payer guaranteed, coutesy of Fannie and Freddie. The CDS however were also offered to those who did not hold bonds or securitized notes! Non holders could purchase CDS as a means of gambling on the rise or fall of real estate values in the USA. This leveraging lead to near $500 Trillion in insured CDS, many of which were held by China and European banks.
Gary Edwards

Mish's Global Economic Trend Analysis: Not Raising the Debt Ceiling Would be Blessing; ... - 0 views

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    Contrary to popular belief, the US would not default. Troops would still be paid. Medicare and Medicaid would not stop. The Bipartisan Policy Center has a nice analysis in a PDF on Debt Limit Analysis. check out Mish's prioritized check list.  As the mythical USA Chancellor of the Exchequer, he enters the month of August having to come up with $132, 312 Billion.  The monthly cash flow pays $172,400 B.  Then he prioritizes, ending the month with $30.6 B to spare!  Mish reduces the deficit, leaving the note the very first thing to NOT PAY should be congressional salaries.  Here Here!
Gary Edwards

Desperate Bankers Are Begging The Fed To Discuss Default Emergency Plans With Them But ... - 0 views

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    No doubt the Banksters have a plan, and we're watching it role out before our very eyes. The national debt ceiling crisis is the plan! Whether Congress approves or shoots down an increase in the borrowing limit of the government, the Banksters win.  If the the debt limit is raised, the Banksters win in that they can unload that $16.1 Trillion in free taxpayer money at a minimum of 3.25% interest through new Treasury bond initiatives forced by uncontrolled increases in government spending.  They also win in that their hand maiden credit agencies, having insisted on Congressional spending cuts of $4 Trill that are not going to materialize, WILL downgrade the USA credit rating. This will result in interest rates much higher than 3.25%!!! Cha Ching! If the outcome is no debt increase, there will be a constitutional crisis beyond imagination. Banksters always win in a crisis because panicked citizens will trade their constitutionally guaranteed liberty, freedoms and property rights for security and calm. This perhaps translates into a long term cha ching for th eBanksters that will have them owning America. The one outcome where the Banksters don't gain, would be where the debt ceiling is raised enough to cover the obligations of the continuing resolution, but includes serious and immediate across the board spending cuts, caps on future spending increases, and the end of base line budgeting through a Balanced Budget Amendment. Like the CCB; Cut, Cap and Balanced Budget bill the House of Representatives ahs already passed
Paul Merrell

Brazil, Mexico, France to back Argentina in bonds case in U.S. court | Reuters - 0 views

  • (Reuters) - Brazil, France and Mexico are expected to file papers in the U.S. Supreme Court on Monday backing Argentina in its legal battle with bondholders who refused to take part in debt restructurings from the country's 2002 default, according to a source familiar with the litigation. Lawyers for the three countries will support Argentina's request that the high court review a court order requiring it to pay $1.33 billion to "holdout" creditors led by hedge funds Aurelius Capital Management and NML Capital Ltd, a unit of billionaire Paul Singer's Elliott Management Corp.France had previously supported Argentina in an unsuccessful attempt last year to obtain Supreme Court review at an earlier stage of the legal fight.
  • The litigation has created concerns about a potential debt crisis. Argentina defaulted on $100 billion more than a decade ago.The case is being closely watched because of its potential impact on future sovereign debt restructurings.
  • Creditors holding about 93 percent of Argentina's bonds agreed to participate in the two previous debt swaps in 2005 and 2010, which gave them 25 to 29 cents on the dollar.The case is Argentina v. NML Capital, U.S. Supreme Court, 13-990.
Gary Edwards

Security, the Edward Snowden Way - Datamation - 0 views

  • NoScript NoScript is a free extension for Mozilla-based web browsers, including Firefox. It blocks executable web content by default. This blocking includes JavaScript, Java, Flash and Silverlight. You can whitelist sites if you want to use such content on a site-by-site basis. Or, if you choose, you can make all sites active by default and choose to blacklist sites you think might be dangerous. A visual button tells you if active content has been blocked on the current site.
  • PGP In the first chapter of his book “No Place to Hide,” journalist Glenn Greenwald wrote that Edward Snowden contacted him using the alias “Cincinnatus,” and said he would tell Greenwald some highly newsworthy facts, but only if he installed Pretty Good Privacy (PGP) first. (Greenwald didn’t know the magnitude of the scoop being offered to him and didn’t get around to installing PGP for months, thus delaying the leak.) PGP, of course, is a 23-year-old encryption program that can be used for email, as well as files and other things.
  • Tor Tor is a free application that routes your Internet traffic through a global volunteer network of thousands of relays that play a shell game with your data so your location and Internet travels are concealed. Tor, which used to stand for “The Onion router” in a reference to layers of encryption, encrypts data in multiple layers that prevents snoops from being able to figure out any details about your web travels, such as where you are or what you’re looking at. Tor was developed in part by US government funding as a way to enable citizens in repressive countries to communicate safely. And the NSA has a lot of respect for it. But in a recent controversy, two Carnegie Mellon researchers said they would give a talk at the Black Hat USA 2014 conference next month telling how to identify Tor users inexpensively (for only $3,000). The session was cut from the lineup because university lawyers didn’t approve it. The institute that the researchers work for is funded by the Pentagon, but the Department of Homeland Security said they did not request that the talk be cancelled.
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    "Whether you think NSA whistleblower Edward Snowden is a hero or a traitor, you have to admit: The guy knows how to keep his information secure. The fact that Snowden isn't sitting in Guantanamo right now with ankle cuffs and a bag over his head demonstrates his ability to avoid detection. Snowden spoke at the Hope X conference in New York this month via a Google+ Hangout from Russia, and called on developers to build privacy and security into everyday products. He also hinted that he planned to work on building such technology. If you look into the details of what's been happening with tracking, surveillance, spying, hacking and global cyber industrial espionage, you can see that Snowden is right. We all need a lot better protection from snoops of all stripes. But how does the non-expert get started? One option is to listen to Snowden himself. Over the past year, Snowden has in one format or another, made specific product recommendations. Here are the products Snowden has explicitly recommended since the trove of documents on the NSA has been publicly revealed. (The list is in alphabetical order.) Ghostery Ghostery, made by a company called Evidon, is a browser extension for Chrome, Firefox, Safari and Internet Explorer. It exists for two purposes. The first is to block tracking code, which makes browsing the web both more private and also faster. The second purpose is, somewhat contradictory -- Evidon collects data from you to help advertisers avoid being blocked. It also enables website owners to gain insights into the tracking code deployed on their site by third-party advertising companies. Note that Snowden recommended Ghostery some time ago. But this month, the Electronic Frontier Foundation launched a competing product that I would imagine Snowden would recommend called Privacy Badger."
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    I'd back Snowden in 2016 as a write-in candidate for President.
Gary Edwards

Jobs Depend on Obamacare Defeat | Cato Institute - 0 views

  • The Affordable Care Act authorizes the disputed “employer mandate” penalties and the health insurance subsidies that trigger them, only through insurance exchanges that are “established by the State.” Due to public opposition to Obamacare, at least 34 states, including Virginia, Utah and Indiana, failed to establish exchanges. Those states are being served — if that’s the word — by HealthCare.Gov, an exchange established by the federal government, which is clearly not a “State.” Ignoring the clear and unambiguous language of the statute, the IRS somehow decided to deploy the disputed taxes and spending in HealthCare.Gov states. Two lower courts found that Obamacare itself “unambiguously forecloses” the IRS’ “invalid” misinterpretation of the law. The plaintiffs in King v. Burwell represent Kevin Pace and tens of millions of other Americans who are injured by this breathtaking power grab.
  • If the King plaintiffs prevail before the Supreme Court, it will mean more jobs, more hours and higher incomes for millions of Americans — particularly part-time and minimum-wage workers. Employers will have more flexibility to structure their health benefits. States will be able to attract new businesses by shielding employers from Obamacare’s employer mandate. Critics complain such a ruling would eliminate subsidies in HealthCare.gov states, making the cost of Obamacare coverage transparent to enrollees. But those enrollees will be able to switch to lower-cost “catastrophic” plans — if the Obama administration allows it. To date, the administration has adamantly refused to say whether it would take even this small step to help affected HealthCare.gov enrollees.
  • More important, transparency is a good thing. If enrollees don’t want to pay the full cost of Obamacare coverage, that tells us something very important about Obamacare. It means nobody likes the way Obamacare actually works. Forcing the IRS to implement the law as written will thus create an opportunity for real health care reforms that actually reduce the cost of care. Reining in the IRS would affirm the rule of law, and lead to real health care reform. We should all hope for such an outcome.
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    "By Michael F. Cannon This article appeared on USA Today on March 4, 2015. As if Obamacare weren't problematic enough, two federal courts have found that the IRS unlawfully expanded the health care law's individual and employer mandates, by imposing them on tens of millions of Americans whom Congress exempted. On Wednesday, the Supreme Court will hear King v. Burwell, a case challenging that illegal and ongoing attempt to expand Obamacare outside the legislative process. The victims of this illegal Obamacare expansion include Kevin Pace, a jazz musician and adjunct professor of music in Northern Virginia. Anticipating the Obamacare mandate that employers cover all workers who put in at least 30 hours a week, Pace's employer was forced to cut hours for part-time professors like him in order to avoid massive penalties. In 2013, The Washington Post reported that Pace was left with "an $8,000 pay cut." "Thousands of other workers in Virginia" also had their hours cut. Even though the Obama administration has delayed the employer mandate, many employers have left the cuts in place for when the rules are enforced. " King v. Burwell is about more than IRS rules; it could kill the employer mandate, too." This unlawful expansion of Obamacare's employer mandate is causing workers across the country to lose more income with every passing day. It forced Utah's Granite School District to cut hours for 1,200 part-timers. According to the state of Indiana, which filed a similar legal challenge, this IRS power grab pushed "many Indiana public school corporations (to) reduc(e) the working hours of instructional aides, substitute teachers, non-certified employees, cafeteria staff, bus drivers, coaches and leaders of extracurricular activities." Employers and consumers are also suffering. Pace's employer, for example, has less flexibility to structure its health benefits and less ability to offer attractive educational options to its stude
Paul Merrell

Section 215 and "Fruitless" (?!?) Constitutional Adjudication | Just Security - 0 views

  • This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful insofar as it had not properly been authorized by Congress). In a nutshell, today’s ruling rejects the ACLU’s request for an injunction against the continued operation of the program for the duration of the 180-day transitional period (which ends on November 29) from the old program to the quite different collection regime authorized by the USA Freedom Act. As the Second Circuit (in my view, quite correctly) concluded, “Regardless of whether the bulk telephone metadata program was illegal prior to May, as we have held, and whether it would be illegal after November 29, as Congress has now explicitly provided, it is clear that Congress intended to authorize it during the transitionary period.” So far, so good. But remember that the ACLU’s challenge to bulk collection was mounted on both statutory and constitutional grounds, the latter of which the Second Circuit was able to avoid in its earlier ruling because of its conclusion that, prior to the enactment of the USA Freedom Act, bulk collection was unauthorized by Congress. Now that it has held that it is authorized during the transitional period, that therefore tees up, quite unavoidably, whether bulk collection violates the Fourth Amendment. But rather than decide that (momentous) question, the Second Circuit ducked:
  • We agree with the government that we ought not meddle with Congress’s considered decision regarding the transition away from bulk telephone metadata collection, and also find that addressing these issues at this time would not be a prudent use of judicial authority. We need not, and should not, decide such momentous constitutional issues based on a request for such narrow and temporary relief. To do so would take more time than the brief transition period remaining for the telephone metadata program, at which point, any ruling on the constitutionality of the demised program would be fruitless. In other words, because any constitutional violation is short-lived, and because it results from the “considered decision” of Congress, it would be fruitless to actually resolve the constitutionality of bulk collection during the transitional period.
  • Hopefully, it won’t take a lot of convincing for folks to understand just how wrong-headed this is. For starters, if the plaintiffs are correct, they are currently being subjected to unconstitutional government surveillance for which they are entitled to a remedy. The fact that this surveillance has a limited shelf-life (and/or that Congress was complicit in it) doesn’t in any way ameliorate the constitutional violation — which is exactly why the Supreme Court has, for generations, recognized an exception to mootness doctrine for constitutional violations that, owing to their short duration, are “capable of repetition, yet evading review.” Indeed, in this very same opinion, the Second Circuit first held that the ACLU’s challenge isn’t moot, only to then invokes mootness-like principles to justify not resolving the constitutional claim. It can’t be both; either the constitutional challenge is moot, or it isn’t. But more generally, the notion that constitutional adjudication of a claim with a short shelf-life is “fruitless” utterly misses the significance of the establishment of forward-looking judicial precedent, especially in a day and age in which courts are allowed to (and routinely do) avoid resolving the merits of constitutional claims in cases in which the relevant precedent is not “clearly established.” Maybe, if this were the kind of constitutional question that was unlikely to recur, there’d be more to the Second Circuit’s avoidance of the issue in this case. But whether and to what extent the Fourth Amendment applies to information we voluntarily provide to third parties is hardly that kind of question, and the Second Circuit’s unconvincing refusal to answer that question in a context in which it is quite squarely presented is nothing short of feckless.
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

PCLOB - 0 views

  • ​​​​​​​​​​​​PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
  • PCLOB ISSUES REPORTReport on the Telephone Records Program Conducted under Section 215 of the USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance Court
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    There are four grounds upon which we find that the telephone records program fails to comply with Section 215. First, the telephone records acquired under the program have no connection to any specific FBI investigation at the time of their collection. Second, because the records are collected in bulk - potentially encompassing all telephone calling records across the nation - they cannot be regarded as "relevant" to any FBI investigation as required by the statute without redefining the word relevant in a manner that is circular, unlimited in scope, and out of step with the case law from analogous legal contexts involving the production of records. Third, the program operates by putting telephone companies under an obligation to furnish new calling records on a daily basis as they are generated (instead of turning over records already in their possession) - an approach lacking foundation in the statute and one that is inconsistent with FISA as a whole. Fourth, the statute permits only the FBI to obtain items for use in its investigations; it does not authorize the NSA to collect anything.  In addition, we conclude that the program violates the Electronic Communications Privacy Act. That statute prohibits telephone companies from sharing customer records with the government except in response to specific enumerated circumstances, which do not include Section 215 orders. Finally, we do not agree that the program can be considered statutorily authorized because Congress twice delayed the expiration of Section 215 during the operation of the program without amending the statute. The "reenactment doctrine," under which Congress is presumed to have adopted settled administrative or judicial interpretations of a statute, does not trump the plain meaning of a law, and cannot save an administrative or judicial interpretation that contradicts the statute itself. Moreover, the circumstances presented here differ in pivotal ways from any in which the reenact
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