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Paul Merrell

Iranians draft bill to up enrichment to 60 percent | The Times of Israel - 0 views

  • Iranian parliamentarians have proposed a bill to increase uranium enrichment to 60 percent in the event of new Western sanctions, the Iranian Press TV reported Wednesday. In addition to raising the enrichment level significantly, the draft, signed by 100 legislators, would resume activity at the Arak heavy water reactor.
  • “If the bill is approved, the government will be obliged to complete nuclear infrastructure at the Fordo and Natanz [enrichment facilities] if sanctions [against Iran] are ratcheted up, new sanctions are imposed, the country’s nuclear rights are violated and the Islamic Republic of Iran’s peaceful nuclear rights are ignored by members of the P5+1,” Seyyed Mehdi Mousavinejad, an Iranian lawmaker, said on Wednesday, according to Press TV.
  • The new bill would be in direct violation of the November 24 interim agreement forged between Iran and six world powers, under which Tehran agreed to halt work at Arak, cap its enrichment at five percent, and neutralize its stockpile of 20% enriched uranium. That agreement has not yet been implemented, because the sides still have to resolve “technical details.” The proposal also serves as a message to world powers about the Iranian commitment to advancing the nuclear program, lawmakers said. “The bill is aimed at giving an upper hand to our government and the negotiating team… It will allow the government to continue our nuclear program if the Geneva deal fails,” Hossein Taghavi Hosseini, spokesman for parliament’s National Security and Foreign Affairs committee, said, according to IRNA.
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  • The bill was presented to the parliament’s presiding board and will be voted on at a later date, Iranian media reported. The drafting of the bill came days after a group of US senators proposed The Nuclear Weapon Free Iran Act, which would ramp up sanctions against Iran in the event that the Islamic Republic violates the interim deal, or should later nuclear talks fail to produce a long-term agreement.
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    Hawks on all fronts trying to blow up the negotiations with Iran, including inside Iran. However, the article errs somewhat in stating that the Iranian bill would violate the interim agreement between Iran and the PF+1 nations. The bill as reported would only take effect if new sanctions are adopted by the U.S. In the interim agreement, Obama committed to vetoing any new sanctions enacted during the period of the interim agreement. So the actual position of the Iranian legislators is that the U.S. has to violate the agreement before the bill would take effect.   But I think this is a blunder anyway. Iran has no need to enrich uranium beyond 20 per cent, which is the maximum allowed under the Nuclear Nonproliferation Agreement. This bit of grandstanding will be used by Iran's enemies as "proof" that Iran has nuclear weapon ambitions.   However, I'm sensitive to the fact that this is an article in The Times of Israel, which often puts a rather overt Zionist spin on news. I'll be watching for less prejudiced sources on this issue.
Paul Merrell

WASHINGTON: Americans' personal data shared with CIA, IRS, others in security probe | N... - 0 views

  • WASHINGTON — U.S. agencies collected and shared the personal information of thousands of Americans in an attempt to root out untrustworthy federal workers that ended up scrutinizing people who had no direct ties to the U.S. government and simply had purchased certain books.Federal officials gathered the information from the customer records of two men who were under criminal investigation for purportedly teaching people how to pass lie detector tests. The officials then distributed a list of 4,904 people – along with many of their Social Security numbers, addresses and professions – to nearly 30 federal agencies, including the Internal Revenue Service, the CIA, the National Security Agency and the Food and Drug Administration.
  • The unprecedented creation of such a list and decision to disseminate it widely demonstrate the ease with which the federal government can collect and share Americans’ personal information, even when there’s no clear reason for doing so. The case comes to light amid revelations that the NSA, in an effort to track foreign terrorists, has for years been stockpiling the data of the daily telephone and Internet communications of tens of millions of ordinary Americans. Though nowhere near as massive as the NSA programs, the polygraph inquiry is another example of the federal government’s vast appetite for Americans’ personal information and the sweeping legal authority it wields in the name of national security. “This is increasingly happening – data is being collected by the federal government for one use and then being entirely repurposed for other uses and shared,” said Fred Cate, an Indiana University-Bloomington law professor who specializes in information privacy and national security. “Yet there is no constitutional protection for sharing data within the government.”
  • While the collection of the information likely passes constitutional muster, the federal agencies involved may have violated their own privacy policies by sharing the personal information of people who aren’t government employees, several legal experts agreed.
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    The inter-agency sharing of information described in this article sounds like a straightforward violation of several different sections of the federal Privacy Act. That Act places severe restrictions on inter-agency sharing of information that includes personal identifiers of members of the public, including the requirement of notifying the victims when a violation is discovered. The Act also provides a private right of action for anyone whose rights under the Act are violated with a statutory minimum damages award of $1,500 plus attorney fees and expenses of litigation.   
Paul Merrell

Defending Dissent » New Docs Show Army Coordinated Spy Ring - 1 views

  • Army illegally supplied  intelligence on nonviolent antiwar protesters to FBI and police in multiple states Tacoma, WA – Recently obtained public records confirm an Army-led, multi-agency spy network that targeted “leftists/anarchists” as domestic terrorists. The Army used illegal infiltration to gather information on nonviolent antiwar protesters, disseminate it to the FBI and police departments in multiple states, and in some cases used it to disrupt planned protests by preemptively and falsely arresting activists. Public records obtained last month by Olympia activist Paul French reveal new evidence in the widely-watched Army spying case Panagacos v. Towery. An email from November 2007, in particular, shows that intelligence analyst John J. Towery was paid by the Army to infiltrate political groups and share unlawfully obtained intelligence with a growing network of law enforcement agencies, including the FBI, and police departments in Los Angeles, Portland, Eugene, Everett, and Spokane. The Towery email not only represents a broader spying program than previously thought, it also confirms the program was led by the Army, a fact contradicted by Towery’s 2009 sworn statements.
  • “The latest revelations show how the Army not only engaged in illegal spying on political dissidents, it led the charge and tried to expand the counterintelligence network targeting leftists and anarchists,” said Larry Hildes, a National Lawyers Guild attorney who filed the Panagacos lawsuit in 2010. “By targeting activists without probable cause, based on their ideology and the perceived political threat they represent, the Army clearly broke the law and must be held accountable.” Previously obtained public records indicate that absent such accountability, the Army will continue to spy on and target protesters, which it did until at least 2010, long after Towery’s identity was exposed. Public records previously obtained in 2009 already established that over a two-year period beginning in 2006, Towery (under the alias “John Jacob”) spied on the Olympia antiwar group Port Militarization Resistance (PMR) as well as several other organizations, including Students for a Democratic Society, the Industrial Workers of the World, and Iraq Veterans Against the War. It has also already been established that Towery’s intelligence was passed on to the Washington State Fusion Center, a communications hub of  local, state and federal law enforcement, and then used by local police to target activists for repeated harassment, preemptive and false arrest, excessive use of force, and malicious prosecution
  • The recently disclosed Towery email was a follow-up to a 2007 Domestic Terrorism Conference he attended in Spokane, during which “domestic terrorist” dossiers on some of the Panagacos plaintiffs were distributed. The Towery email shows the development of a multi-agency spying apparatus in intimate detail. “I thought it would be a good idea to develop a leftist/anarchist mini-group for intel sharing and distro,” wrote the Army analyst to several law enforcement officials. Towery references books, “zines and pamphlets,” and a “comprehensive web list” as source material, but cautions the officials on file sharing “because it might tip off groups that we are studying their techniques, tactics and procedures.” Towery, who worked at Joint Base Lewis-McChord, not only coordinated his actions with local, state and federal law enforcement agencies, many of whom are named defendants in the Panagacos case, he also admitted to eavesdropping on a confidential, privileged attorney-client email listserv of criminal defendants and their legal counsel. Such conduct is considered a constitutional violation, but Towery also took sensitive information from the listserv vital to a pending criminal trial in 2007 and passed it on to fusion center officials who then transmitted it to prosecutors, forcing a mistrial in a case the defense was winning handily. The case was later dismissed for prosecutorial misconduct.
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  • The public records disclosure comes as government spying and criticism of the National Security Agency’s surveillance program has reached a fever pitch. However, a little-known and rarely, if ever, enforced law from 1878 distinguishes the spying under Panagacos from that of the NSA. The Posse Comitatus Act prohibits the military from enforcing domestic laws on U.S. soil by making such actions a Gross Misdemeanor, yet to-date no official has been prosecuted under the Act. Instead of conceding to the violations, the Army is currently using the Panagacos case to try to seal nearly 10,000 pages of documents, many of which are incriminating and embarrassing to the government. The legal effort to unseal those documents will play out over the next few weeks. The Obama Administration tried to dismiss the Panagacos lawsuit, but in a Ninth Circuit decision from December 2012 the court rejected the government’s arguments, ruling that allegations of First and Fourth Amendment violations were “plausible,” and ordered the case to proceed to trial. The lawsuit was filed on behalf of seven PMR members who sought to oppose the wars in Iraq and Afghanistan through nonviolent civil disobedience and is being heard by U.S. District Court Judge Ronald B. Leighton. In addition to Towery, named defendants in Panagacos include Thomas Rudd, one of Towery’s superiors at Joint Base Lewis-McChord, the U.S. Army, Navy, and Coast Guard, as well as certain officials within its ranks, the City of Olympia and its police department, the City of Tacoma and its police department, Pierce County, and various personnel from those jurisdictions.
  • Panagacos v. Towery is currently in the discovery stage and is scheduled to go to trial in June 2014. Further information: Recently disclosed Towery email Panagacos lawsuit complaint Domestic terrorism dossiers on plaintiffs
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    One I had missed from February, 2014. I believe I had bookmarked something about this before the lawsuit was filed. Now not only has the case been filed but the alleged grounds for the lawsuit have been greenlighted by the 9th U.S. Circuit Court of Appeals. If you click through the link to the court's opinion, you'll find one of the Ninth Circuit's shorter opinions, less than five pages, which does not even mention that the defendants were employed by the U.S. Army or any branch of government, while still rejecting their claim of government officials' qualified immunity from suit for the alleged First and Fourth Amendment violations. The third amended complaint sufficiently alleged facts to support claims that had been clearly established as violative of the First and Fourth Amendments.   It's clear that the plaintiffs have smoking gun evidence and that the National Lawyers' Guild is all over this one. Trial is scheduled next month, according to the article. It's just under 300 miles from here to Seattle, but I just might make the trip to watch a few days of this trial. Strong First Amendment cases for damages that survive appellate review of the qualified immunity nearly always settle before trial. But this one smells like it is going to trial for publicity purposes even if not for the vindication of rights, considering the nature of the organizations involved both as targets of the surveillance and their lawyers. It's great entertainment watching government guys and gals squirm on the witness stand when they've been caught violating civil rights. In criminal cases, invoking the Fifth Amendment right against self-incrimination cannot be taken as evidence of guilt. But in a federal civil rights case, that entitles the plaintiffs to have the jury instructed that it can infer liability from the resort to the Fifth Amendment to refuse answering questions.  Better back in the day when I was the lawyer asking the questions. But it's still great fun just to watch
Gary Edwards

Why Progressives Don't Understand And Are Enemies Of Liberty | Western Free Press - 0 views

  • For a classical liberal, freedom means that each individual possesses as a human being certain inviolable rights, those being rights to his life, liberty and honestly acquired property. And that human relationships should be based on voluntary consent and mutual agreement. For my interlocutor, freedom means “empowerment” or the ability to do or achieve certain things, without which “freedom” is not complete. These include a minimum or “decent” standard of living and the ability to attain certain potentials in life, which are everyone’s “right” as a member of society.
  • For my fellow conversationalist, society is a shared “community” of human beings each of whom owes certain things to the others, just as the others owe certain things to us. Society might be viewed as an extended family, from this perspective, all the members of which have certain required obligations to support and give assistance to their social “relatives.” I suggested that society is a network of human relationships formed between individuals based upon opportunities for mutual betterment, including both the economic and the cultural in the widest sense, the fundamental foundation of which derives from those essential individual rights.
  • French eighteenth century philosopher, Jean-Jacque Rousseau, who reasoned that man began as savages in the wild threatened by both beast and other men. Everyone entered into a social contract and formed society for mutual safety and betterment by giving up a portion of their complete and unrestrained “freedom” in that earlier setting of savagery for the order and security of shared community. The freedom given up is compensated by safety and the security of mutual aid, including the modern welfare state.
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  • British philosopher, John Locke, who argued that rights are not bestowed upon man by government or the community but belong to him by his nature as a human being. Government, in Locke’s social contract, is to provide individuals with a tool for the common defense against the violence of some of their fellow men. The role of government is the securer of liberty by protecting each individual’s rights to his life, liberty and property, and not as a guarantor of a certain standard of living or desired access to various material things.
  • The reason, I said, was that if the government undertook this latter responsibility of “social safety nets” and “positive” access to various other desired states of affairs, it can do so only by imposing through police power an obligation on others to provide the material means that some others are to be guaranteed. By doing so, government would be violating its original purpose for being brought into existence: the protecting of liberty (including people’s property rights to their own honestly earned income and wealth) rather than a violator that takes from some without their consent for the asserted benefits of others.
  • The world is to be reduced to and confined within a narrow corridor of forms of “good behavior” that people will be either penalized for violating or subsidized for doing through government regulation and spending.
  • Progressives Cling to Collectivism Here, in my opinion, are some of the essential issues and dilemmas facing the advocate of individual liberty, free markets, and constitutionally limited government. Too many of our fellow citizens do not believe that individuals have a right to live for themselves. They truly and honestly believe that “society,” “community,” the collective, is something independent of the distinct individuals who comprise it, and for which the individual is morally, politically and legally obligated to serve and sacrifice for. Police power is a legitimate and appropriate tool of enforcing these obligations and duties, if resistance or indifference is experienced among the citizens in the undertaking of these activities.
  • For the “progressive,” government is “society’s” agent to undertake the tasks of “social justice” and “entitlement” that are owed to each member and to which everyone is required to provide their contribution.  Police power is the means by which everyone is made to contribute their “social dues” in the form of either obedience to government regulations or payment of taxes for redistributive purposes.
  • Liberty and the Meaning of Society and the “Social” For the classical liberal or libertarian, on the other hand, government is considered an agency for the protection of each individual’s rights. “Society” is comprised of the networks of relationships and associations formed by individuals and in which they interact for various fulfillments of human happiness and well-being.
  • The purpose of government in the classical liberal or libertarian perspective is to assure the security and protection from private plunder and violence that would disrupt or disturb the peaceful pursuits that individuals find it useful and enjoyable and fulfilling to follow through various and diverse associations of civil society.
  • Furthermore, the interventionist-welfare state undermines people’s personal and financial ability to participate in those acts and associations of benevolence towards others that they are called by their conscience to pursue in the ways they consider best and most likely of success. The redistributive state arrogantly replaces each person’s personal judgment and decision with that of the self-appointing “experts” who claim to speak and know best for society through the coercive arm of government.
  • Matching these ethical issues of the rights of the individual to live and act peacefully for himself as he sees best, the “progressive” often demonstrates a blinding degree of ignorance and misinformation about the workings of a competitive market economy, the nature of the profit and loss system, and the “invisible hand” of competitive cooperation through the peaceful and the voluntarist pursuit of self-interest. He suffers from a confused, garbled, and contradictory grab bag of ideas derived from Marxism, Fabian socialism, nationalism, fascism, and, though it would be radically and vehemently denied, often-subtle forms of racism, as well.
  • Through all the progressive’s rhetoric about “democracy” and “equality” and “social justice” and “diversity,” theirs is a political philosophy and public policy ideology of elitism, hubris, and authoritarianism dominated by the idea and ideal of remaking human beings, human relationships and the structure and order of society into redesigned patterns and shapes that reflect their notion of how people should live, work, associate and earn a living.
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    "Conflicting Meanings of Freedom For a classical liberal, freedom means that each individual possesses as a human being certain inviolable rights, those being rights to his life, liberty and honestly acquired property. And that human relationships should be based on voluntary consent and mutual agreement. For my interlocutor, freedom means "empowerment" or the ability to do or achieve certain things, without which "freedom" is not complete. These include a minimum or "decent" standard of living and the ability to attain certain potentials in life, which are everyone's "right" as a member of society. For my fellow conversationalist, society is a shared "community" of human beings each of whom owes certain things to the others, just as the others owe certain things to us. Society might be viewed as an extended family, from this perspective, all the members of which have certain required obligations to support and give assistance to their social "relatives." I suggested that society is a network of human relationships formed between individuals based upon opportunities for mutual betterment, including both the economic and the cultural in the widest sense, the fundamental foundation of which derives from those essential individual rights. The "Social Contract": Individualist or Collectivist? My dinner companion raised the issue of "the social contract," to which we are all participants and benefactors, he said. He referenced the famous French eighteenth century philosopher, Jean-Jacque Rousseau, who reasoned that man began as savages in the wild threatened by both beast and other men. Everyone entered into a social contract and formed society for mutual safety and betterment by giving up a portion of their complete and unrestrained "freedom" in that earlier setting of savagery for the order and security of shared community. The freedom given up is compensated by safety and the security of mutual aid, including the modern welf
Gary Edwards

You Won't BELIEVE What's Going On with Government Spying on Americans - BlackListedNews... - 1 views

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    "New Revelations Are Breaking Every Day" This web page is very well sourced and filled with links where you will get lost for hours. Excellent reference document ............................ Revelations about the breathtaking scope of government spying are coming so fast that it's time for an updated roundup: - Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year - 2 Senators on the intelligence committee said the violations revealed in the Post article were just the "tip of the iceberg" - Glenn Greenwald notes:  "One key to the WashPost story: the reports are internal, NSA audits, which means high likelihood of both under-counting & white-washing".(Even so, the White House tried to do damage control by retroactively changing on-the-record quotes) - The government is spying on essentially everything we do. It is not just "metadata" … although that is enough to destroy your privacy - The government has adopted a secret interpretation of the Patriot Act which allows it to pretend that "everything" is relevant … so it spies on everyone - NSA whistleblowers say that the NSA collects all of our conversations word-for-word - It's not just the NSA … Many other agencies, like the FBI and IRS - concerned only with domesticissues - spy on Americans as well - The information gained through spying is shared with federal, state and local agencies, and they are using that information to prosecute petty crimes such as drugs and taxes.  The agencies are instructed to intentionally "launder" the information gained through spying, i.e. to pretend that they got the information in a more legitimate way … and to hide that from defense attorneys and judges - Top counter-terror experts say that the government's mass spying doesn't keep us
Paul Merrell

Fisa court documents reveal extent of NSA disregard for privacy restrictions | World ne... - 0 views

  • Newly declassified court documents indicate that the National Security Agency shared its trove of American bulk email and internet data with other government agencies in violation of specific court-ordered procedures to protect Americans’ privacy. The dissemination of the sensitive data transgressed both the NSA’s affirmations to the secret surveillance court about the extent of the access it provided, and prompted incensed Fisa court judges to question both the NSA’s truthfulness and the value of the now-cancelled program to counter-terrorism. While the NSA over the past several months has portrayed its previous violations of Fisa court orders as “technical” violations or inadvertent errors, the oversharing of internet data is described in the documents as apparent widespread and unexplained procedural violations. “NSA’s record of compliance with these rules has been poor,” wrote judge John Bates in an opinion released on Monday night in which the date is redacted.
  • “Most notably, NSA generally disregarded the special rules for disseminating United States person information outside of NSA until it was ordered to report such disseminations and to certify to the [Fisa court] that the required approval had been obtained.” In addition to improperly permitting access to the email and internet data – intended to include information such as the “to” “from” and “BCC” lines of an email – Bates found that the NSA engaged in “systemic overcollection”, suggesting that content of Americans’ communications was collected as well.
  • The court had required the NSA to comply with a longstanding internal procedure for protecting Americans’ sensitive information prior to sharing the data internally within NSA, known as United States Signals Intelligence Directive 18 (USSID 18) and also declassified on Monday night; and additionally required a senior NSA official to determine that any material shared outside the powerful surveillance agency was related to counter-terrorism. Yet in a separate Fisa court document, the current presiding judge, Reggie Walton, blasted the government’s secret declaration that it followed USSID 18 “rather than specifically requiring that the narrower dissemination provision set forth in the Court’s orders in this matter be strictly adhered to”. Walton wrote: “The court understands this to mean that the NSA likely has disseminated US person information derived from the [email and internet bulk] metadata outside NSA without a prior determination from the NSA official designated in the court’s orders that the information is related to counter-terrorism information and is necessary to understand the counter-terrorism information or assess its importance.”
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  • In an opinion apparently written in June 2009, Walton said the court was “gravely concerned” that “NSA analysts, cleared and otherwise, have generally not adhered to the dissemination restrictions proposed by the government, repeatedly relied on by the court in authorizing the [email and internet bulk] metadata, and incorporated into the court’s orders in this matter [redacted] as binding on NSA.” Walton said the NSA’s legal team had failed to satisfy the training requirements that NSA frequently points to in congressional testimony as demonstrating its scrupulousness. Walton added that he was “seriously concerned” by the placement of Americans’ email and internet metadata into “databases accessible by outside agencies, which, as the government has acknowledged, violates not only the court’s orders, but also NSA’s minimization and dissemination procedures as set forth in USSID 18.”
  • In 2011, Bates wrote that the “volume and nature” of the NSA’s bulk collection on foreign internet content was “fundamentally different from what the court had been led to believe”. Yet the documents disclosed Monday night, thanks to a transparency lawsuit, show that Bates and Walton permitted the surveillance of Americans’ bulk email and internet metadata to continue under additional restrictions, out of concern for the ongoing terrorism threat.
  • Elizabeth Goitien of the Brennan Center for Justice at New York University said that the declassified opinions raise disturbing questions about the NSA’s truthfulness. “Either the NSA is really trying to comply with the court’s orders and is absolutely incapable of doing so, in which case it’s terrifying that they’re performing this surveillance, or they’re not really trying to comply,” Goitien said. “Neither of those explanations is particularly comforting.”
Paul Merrell

Native Americans say US violated human rights - 0 views

  • A Native American group is asking the international community to charge the United States with human rights violations in hopes of getting help with a land claim. The Onondaga Indian Nation says it plans to file a petition at the Organization of American States on Tuesday, seeking human rights violations against the United States government. It wants the Inter-American Commission on Human Rights to declare that the U.S. government's decision not to hear its lawsuit asking for the return of 2.5 million acres in upstate New York to be violations of international human rights agreements. The nation has argued that about 4,000 square miles in 11 upstate New York counties stretching from Pennsylvania to Canada was illegally taken through a series of bogus treaties. More than 875,000 people live in the area, which includes Syracuse and other cities. U.S. courts have refused to hear the lawsuit asking for the return of their land, with the Supreme Court turning away a final petition in October.
  • The group says it is not seeking monetary damages, eviction of residents or rental payments. Instead, it wants a declaration that the land continues to belong to the Onondagas and that federal treaties were violated when it was taken away. Onondaga leaders have said they would use their claim to force the cleanup of hazardous, polluted sites like Onondaga Lake. The petition against the United States was brought by the Onondaga Nation and the Haudenosaunee Confederacy, which is made up of the Onondaga, Mohawk, Oneida, Cayuga and Seneca Nations.
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    Should be an interesting case to watch in the OAS. Its Commission's rulings are non-binding on national governments but dramatically increase bargaining leverage. The Commission has a history of using harsh words when nations overstep their bounds in regard to aboriginal (and other human) rights. And the Onondagas are armed with treaty rights as well. The U.S., of course, has a long history of ignoring its treaties with Native American tribes, notwithstanding that, as treaties, they are the "law of this land."  
Paul Merrell

History of the Federal Judiciary - 0 views

  •  Olmstead v. United States: The Constitutional Challenges of Prohibition Enforcement Historical Documents Dissenting opinion of Justice Louis D. Brandeis in Olmstead v. United States Justice Brandeis’s dissenting opinion is one of the more notable dissents in Supreme Court history. He attempted to define a general right of privacy based on the Fourth and Fifth Amendments. Brandeis had long been interested in the problem of privacy in the modern age; years earlier he and his law partner, Samuel Warren, published what many consider the seminal article on the topic (Samuel Warren & Louis D. Brandeis, “The Right to Privacy,” 4 Harv. L. Rev. 193 (1890)). Brandeis’s opinion in Olmstead attempted to apply to the current era what he said were the principles of the Fourth and Fifth Amendments. Historians often overlook how much his approach draws on the dissenting opinion of Judge Rudkin in the circuit court, but Brandeis himself acknowledged his debt to Rudkin in the text. The quotation about “the form that evil had theretofore taken” referred to the Supreme Court decision in Weems v. United States, in which Justice Joseph McKenna wrote of the need for the Court to apply the general principles of the Constitution to new problems.
  • Moreover, “in the application of a constitution, our contemplation cannot be only of what has been but of what may be.” The progress of science in furnishing the Government with means of espionage is not likely to stop with wire-tapping. Ways may someday be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. Advances in the psychic and related sciences may bring means of exploring unexpressed beliefs, thoughts and emotions. “That places the liberty of every man in the hands of every petty officer” was said by James Otis of much lesser intrusions than these. To Lord Camden, a far slighter intrusion seemed “subversive of all the comforts of society.” Can it be that the Constitution affords no protection against such invasions of individual security? . . .
  • In Ex parte Jackson, 96 U.S. 727, it was held that a sealed letter entrusted to the mail is protected by the Amendments. The mail is a public service furnished by the Government. The telephone is a public service furnished by its authority. There is, in essence, no difference between the sealed letter and the private telephone message. As Judge Rudkin said below: “True, the one is visible, the other invisible; the one is tangible, the other intangible; the one is sealed, and the other unsealed, but these are distinctions without a difference.” The evil incident to invasion of the privacy of the telephone is far greater than that involved in tampering with the mails. Whenever a telephone line is tapped, the privacy of the persons at both ends of the line is invaded and all conversations between them upon any subject, and, although proper, confidential and privileged, may be overheard. Moreover, the tapping of one man’s telephone line involves the tapping of the telephone of every other person whom he may call or who may call him. As a means of espionage, writs of assistance and general warrants are but puny instruments of tyranny and oppression when compared with wire-tapping.
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  • Time and again, this Court in giving effect to the principle underlying the Fourth Amendment, has refused to place an unduly literal construction upon it. This was notably illustrated in the Boyd case itself. Taking language in its ordinary meaning, there is no “search” or “seizure” when a defendant is required to produce a document in the orderly process of a court’s procedure. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” would not be violated, under any ordinary construction of language, by compelling obedience to a subpoena. But this Court holds the evidence inadmissible simply because the information leading to the issue of the subpoena has been unlawfully secured. . . . The provision against self-incrimination in the Fifth Amendment has been given an equally broad construction. . . .
  • Decisions of this Court applying the principle of the Boyd case have settled these things. Unjustified search and seizure violates the Fourth Amendment, whatever the character of the paper; whether the paper when taken by the federal officers was in the home, in an office, or elsewhere; whether the taking was effected by force, by fraud, or in the orderly process of a court’s procedure. From these decisions, it follows necessarily that the Amendment is violated by the officer’s reading the paper without a physical seizure, without his even touching it; and that use, in any criminal proceeding, of the contents of the paper so examined—as where they are testified to by a federal officer who thus saw the document, or where, through knowledge so obtained, a copy has been procured elsewhere—any such use constitutes a violation of the Fifth Amendment. The protection guaranteed by the Amendments is much broader in scope. The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings, and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.
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    The linked opinion is Justice Brandeis' dissent in Olmstead v. U.S., the first Supreme Court decision to approve the use of secret wiretap evidence in a criminal proceeding, even though gathered without a search warrant. The warrant requirement would later be imposed in 1967 by the decision in Katz v. U.S., which established that the Fourth Amendment the privacy of people, not places, reviving the Brandeis dissent to a large degree. Since Katz and the advent of broad government surveillance, Justice Brandeis' dissent is gaining still more attention. 
Paul Merrell

Is the Justice Department Protecting An Anti-Iran Smear Campaign? « LobeLog - 0 views

  • A new wrinkle in an already bizarre lawsuit is shaping up to potentially embarrass the Obama administration. If allegations made in a recent court filing are true, then the US Department of Justice, with an unprecedented assertion of the state secrets privilege, might be shielding from any accountability a group actively engaged in spreading false information. The lawsuit revolves around United Against Nuclear Iran (UANI), an anti-Iran, pro-sanctions outfit that takes a hard line against Iran and lodges name-and-shame campaigns against companies it says are doing business with the country. The group is made up of former officials from the Bush and Obama administrations, as well as a host of academics, former diplomats and former intelligence officials from foreign countries, including Israel.
  • Last week, things got even weirder: in a motion filed on Wednesday, Restis’s lawyers suggested that UANI had leaked information to the Jerusalem Post that resulted in a piece accusing Restis of doing more illegal business in Iran. The Post later retracted the article, citing “new information” that indicated the purportedly illegal shipping had been “legitimate and permitted,” and scrubbed the article from its website. “Defendants appear to have provided The Jerusalem Post with false information purporting to show an American company’s legal and humanitarian cargo of soya beans to Iran aboard Plaintiffs’ vessel violated sanctions against Iran,” said a footnote in the filing from Restis’s lawyers. “Although it printed Defendants’ false allegations against Plaintiffs, The Jerusalem Post recognized the falsity of the allegations and issued a retraction and apology.”
  • If true, the alleged UANI leak of false information to the Jerusalem Post would contradict UANI’s lawyers’ assertion in an October hearing that “UANI has made no statements whatsoever about Victor Restis or his companies, about any subject, doing business with Iran or any subject since February of 2014.” The Jerusalem Post article also said that the information it revealed would be “raised… in an upcoming hearing in a US federal court.” UANI’s lawyers brought up the purported revelations the following day in the October 8 hearing. It has not been proven that UANI leaked information to the Post.
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  • In a separate filing last Wednesday, lawyers from the American Civil Liberties Union, the Center for Constitutional Rights, the Electronic Frontier Foundation and other groups spelled out how unusual the Justice Department intervention was. The groups submitted a friend of the court briefing—itself an unusual move, since amicus briefs are usually filed when cases reach the appellate stage—agreeing with Restis’s team. “Never before has the government sought dismissal of a suit between private parties on state secrets grounds without providing the parties and the public any information about the government’s interest in the case,” the lawyers from the groups wrote. “It is hard to see why, unlike in every other state secrets case in history, meaningful public disclosure to the parties is not possible in this case.”
  • The October 7 Jerusalem Post article in question, headlined “Evidence obtained by JPost shows alleged ongoing violation of Iran sanctions” and written by legal correspondent Yonah Jeremy Bob, went through several iterations online before being retracted. (Bob did not respond to requests for comment.) The original version of the article purported to present evidence that Restis’s companies were continuing to violate Iran sanctions by pointing to information that a ship owned by Restis docked in Iran on September 27. (The article was amended without notice before being captured by a web archive on October 8.) Lowell, the lawyer for Restis, denied the charges to the Post at the time. “In September 2014, a major US-based food company made a legal shipment of soya beans from Argentina to Iran aboard the Helvetia One, a vessel owned by the Restis family,” Lowell told the paper. “The provision of food cargo to Iran is entirely legal and encouraged under the humanitarian carve-outs to international sanctions regimes.”
  • The original version of the article purported to present evidence that Restis’s companies were continuing to violate Iran sanctions by pointing to information that a ship owned by Restis docked in Iran on September 27. (The article was amended without notice before being captured by a web archive on October 8.) Lowell, the lawyer for Restis, denied the charges to the Post at the time. “In September 2014, a major US-based food company made a legal shipment of soya beans from Argentina to Iran aboard the Helvetia One, a vessel owned by the Restis family,” Lowell told the paper. “The provision of food cargo to Iran is entirely legal and encouraged under the humanitarian carve-outs to international sanctions regimes.”
  • On October 22, the Post came around to Lowell’s perspective, scrubbing the story and issuing a “clarification and correction” that expressed regret for publishing the story. The Post said its assertions of illegal business were “contradicted by new information provided to us and therefore no allegations of misconduct should be concluded from the above article.”
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    The strange Restis case just keeps getting more strange.
Paul Merrell

The Vineyard of the Saker: The significance of the Russian decision to move the humanit... - 0 views

  • It appears that the Russians got tired of waiting.  I suggest that you all carefully parse the Statement of the Russian Ministry of Foreign Affairs I posted earlier today.  This is an interesting document because besides an explanation of the Russian decision to move it, it is also, potentially, a legal defense or an unprecedented Russian decision: to overtly violate the Ukrainian sovereignty.  Let me explain. First, the case of Crimea was also a "special case".  The Russian were legally present there and, in the Russian rationale, all the "Polite Armed Men in Green" did was to protect the local population to make it possible for the latter to freely express its will.  Only after that will was expressed did Russia agree to formally re-incorporate Crimea into Russia.  So from the legal Russian point of view, none of the Russian actions in Crimea included any form of  violation of Ukrainian sovereignty.  I know, most western analyst will not agree, but that is the official Russian stance.  And official stances are important because they form the basis for a legal argument.
  • Second, the aid which Russia has been sending to Novorussia has been exclusively covert.  Covert operations, no matter their magnitude, do not form the basis for a legal position.  The official position of Moscow has been that not only was there absolutely no military aid to Novorussia, but even when Ukie artillery shells landed inside Russia did the Kremlin authorize any retaliation, again in (official) deference to the Ukrainian national sovereignty. This time, however, there is no doubt at all that the Russians did deliberately and officially chose to ignore Kiev and move in.  Now, in fact, in reality, this is clearly the logically, politically and morally right thing to do.  But in legal terms, this clearly a violation of Ukrainian sovereignty.  From a legal point of view, the Ukies had the right to keep the Russian convoy at the border for another 10'000 years if they wanted and Russia had no legal right to simply move in.  What apparently happened this morning is that the Ukie officials did not even bother showing up, so the Kremlin just said "forget it!" and ordered the trucks in.
  • The US and their main agent in Kiev, Nalivaichenko, immediately and correctly understood the threat: not only did this convoy bring much needed humanitarian aid to Lugansk, it also provided a fantastic political and legal "cover" for future Russian actions inside Novorussia.  And by "actions" I don't necessarily mean military actions, although that is now clearly and officially possible.  I also mean legal actions such as recognizing Novorussia.  From their point of view, Obama, Poroshenko, Nalivaichenko are absolutely correct to be enraged, because I bet you that the timing, context and manner in which Russia moved into Novorussia will not result in further sanctions or political consequences.   Russia has now officially declared the Ukie national sovereignty as "over" and the EU will probably not do anything meaningful about it. That, by itself, is a nightmare for Uncle Sam. Furthermore, I expect the Russian to act with a great deal of restraint.  It would be stupid for them to say "okay, now that we violated the territorial integrity of the Ukraine and ignored its sovereignty we might as well bomb the junta forces and move our troops in".  I am quite confident that they will not do that.  Yet.  For the Russian side, the best thing to do now is to wait.  First, the convoy will really help.  Second, it will become a headache for the Ukies (bombing this convey would not look very good).  Third, this convoy will buy enough time for the situation to become far clearer.  What am I referring to here?
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  • Not only did the Russians move in, but they did that without the ICRC whose personnel refused to go because of the lack of security guarantees from Kiev. The Russian response to that lack of security guarantees was a) to order this unarmed convoy in and b) to clearly state in the official statement: We are warning against any attempts to thwart this purely humanitarian mission which took a long time to prepare in conditions of complete transparency and cooperation with the Ukrainian side and the ICRC. Those who are ready to continue sacrificing human lives to their own ambitions and geopolitical designs and who are rudely trampling on the norms and principles of international humanitarian law will assume complete responsibility for the possible consequences of provocations against the humanitarian relief convoy. Again, from a logical, political or moral point of view, this is rather self-obvious, but from a legal point of view this is a threat to use force ("complete responsibility for the possible consequences") inside the putatively sovereign territory of the Ukraine.
  • The Ukie plan has been to present some major "victory" for the Sunday the 24, when they plan a victory parade in Kiev to celebrate independence day (yup, the US-controlled and Nazi-administered "Banderastan" will celebrate its "independence"... this is both sad and hilarious).  Instead, what they have a long streak of *very* nasty defeats during the past 5-6 days or so.  By all accounts, the Ukies are getting butchered and, for the first time, even pushed back (if only on a tactical level).  That convoy in Luganks will add a stinging symbolical "f**k you!" to the junta in Kiev.  It will also exacerbate the tensions between the ruling clique in power, the Right Sector and Dmitri Iarosh and the growing protest movement in western Ukraine. Bottom line: this is a risky move no doubt, probably brought about by the realization that with water running out in Luganks Putin had to act.  Still it is also an absolutely brilliant move which will create a massive headache for the US and its Nazi puppets in Kiev.
  • PS: I heard yesterday evening that Holland has officially announced that it will not release the full info of the flight data and voice recorders of MH17.  Thus Holland has now become an official accomplice to the cover-up of this US false-flag operation and to the murder of the passengers of MH17. This is absolutely outrageous and disgusting I and sure hope that the Malaysian government will not allow this.  As for Kiev, it is also sitting on the recording of the communications between the Kiev ATC and MH17.  Finally, the USA has it all through its own signals intelligence capabilities.  So they all know and they are all covering up.  Under the circumstances, can anybody still seriously doubt "who done it"?
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    Yes, indeed. Do read the Statement of the Russian Ministry of Foreign Affairs (Sergey Lavrov's shop) linked from this article. What Ukraine and the U.S. have been doing to delay humanitarian relief to Lugansk is beyond despicable. And though not dwelled on here, Kerry's State Dept. lodged an outraged demand that the Russian humanitarian aid convoy return to Russia post haste without unloading any of the supplies in Ukraine. Or else. Or else what? The U.S. also exercised its veto power on the U.N. Security Council to block a draft resolution instructing a temporary cease fire for delivery of the relief supplies.  Dumbout. Now Russia has officially violated Ukraine sovereignty under circumstances that are beyond reproach. The U.S. has no moral high ground to cry foul; the Russians have all of it.  I truly enjoy watching Mr. Lavrov play chess brilliantly while John Kerry steadfastly clings to his belief that the game is checkers. Kerry just can't accept that he's hopelessly outclassed by Lavrov.  And that blunt Russian promise to retaliate militarily if Kiev attacks the convoy? That's an announcement that future Russian humanitarian aid convoys into Ukraine will not be delayed or Russia will simply ignore the Kiev government and ride on through the border. Giving credit where it's due, Lavrov undoubtedly coordinated this action with Vladimir Putin. 
Gary Edwards

Major Banksters, Governmental Officials and Their Comrade Capitalists Targets of Spire ... - 0 views

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    "NEW YORK, Oct. 25, 2012 /PRNewswire via COMTEX/ -- Spire Law Group, LLP's national home owners' lawsuit, pending in the venue where the "Banksters" control their $43 trillion racketeering scheme (New York) - known as the largest money laundering and racketeering lawsuit in United States History and identifying $43 trillion ($43,000,000,000,000.00) of laundered money by the "Banksters" and their U.S. racketeering partners and joint venturers - now pinpoints the identities of the key racketeering partners of the "Banksters" located in the highest offices of government and acting for their own self-interests. In connection with the federal lawsuit now impending in the United States District Court in Brooklyn, New York (Case No. 12-cv-04269-JBW-RML) - involving, among other things, a request that the District Court enjoin all mortgage foreclosures by the Banksters nationwide, unless and until the entire $43 trillion is repaid to a court-appointed receiver - Plaintiffs now establish the location of the $43 trillion ($43,000,000,000,000.00) of laundered money in a racketeering enterprise participated in by the following individuals (without limitation): Attorney General Holder acting in his individual capacity, Assistant Attorney General Tony West, the brother in law of Defendant California Attorney General Kamala Harris (both acting in their individual capacities), Jon Corzine (former New Jersey Governor), Robert Rubin (former Treasury Secretary and Bankster), Timothy Geitner, Treasury Secretary (acting in his individual capacity), Vikram Pandit (recently resigned and disgraced Chairman of the Board of Citigroup), Valerie Jarrett (a Senior White House Advisor), Anita Dunn (a former "communications director" for the Obama Administration), Robert Bauer (husband of Anita Dunn and Chief Legal Counsel for the Obama Re-election Campaign), as well as the "Banksters" themselves, and their affiliates and conduits. The lawsuit alleges serial violations of the United States Patri
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    This is the first time anyone has tried to go after the Bankster class of midievil (mediæval) elites to recover theft of funds. Charges include racketeering, fraud and international money laundering. The mass tort action is now in the Brooklyn Federal Courts. Dead bodies are starting to show up as the Banksters move to shut down press coverage. Amazing stuff.
Gary Edwards

James Madison and the States Natural Right of Nullification ; Publius-Huldah's Blog - 0 views

  • What are the Two Conditions Precedent for Nullification?
  • The act of the federal government must be unconstitutional –  usually a usurpation of a power not delegated to the federal government in the Constitution; and
  • The act must be something The States or The People can “nullify”- i.e., refuse to obey:  the act must order them to do something or not do something.
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  • If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
  • When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.
  • When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.
  • When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.
  • Our Founding Principles in a Nutshell
  • Rights come from God;
  • People create governments;
  • The purpose of government is to secure the rights God gave us; and
  • When a government We created seeks to take away our God given rights, We have the Right – We have the Duty – to alter, abolish, or throw off such government.
  • The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
  • The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
  • These enumerated powers concern: Military defense, international commerce & relations; Control of immigration and naturalization of new citizens; Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).
  • It is only with respect to the enumerated powers that the federal government has lawful authority over the Country at large. All other powers are “reserved to the several States” and The People.
  • It is to secure our rights to life and liberty by:
  • Military defense (Art. I, Sec. 8, cl. 11-16); Laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10); Protecting us from invasion (Art IV, Sec. 4); Prosecuting traitors (Art III, Sec. 3); and Restrictive immigration policies (Art. I, Sec. 9, cl. 1).
  • It is to secure our property rights by:
  • Regulating trade & commerce so we can produce, sell & prosper (Art. I, Sec. 8, cl.3). The original intent of the interstate commerce clause is to prohibit States from levying tolls & taxes on articles of commerce as they are transported thru the States for buying & selling. Establishing uniform weights & measures and a money system based on gold & silver (Art I, Sec. 8, cl. 5) – inflation via paper currency & fractional reserve lending is theft! Punishing counterfeiters (Art I, Sec. 8, cl. 6); Making bankruptcy laws to permit the orderly dissolution or reorganization of debtors’ estates with fair treatment of creditors (Art I, Sec 8, cl. 4); and Issuing patents & copyrights to protect ownership of intellectual labors (Art I, Sec 8, cl 8)
  • It is to secure our right to liberty by:
  • Laws against slavery (13th Amendment); Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and          Obeying the Constitution!
  • The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:
  • 1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!
  • 2. The Right of Nullification, transcending as it does, the Constitution; and being nowhere prohibited by the Constitution to the States, is a reserved power.
  • The 10th Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
  • Madison’s Report on the Virginia Resolutions (1799-1800)
  • Now! Note Well:  Madison actually says, in the same Report Barnett cites, that it is “a plain principle, founded in common sense” that The States are the final authority on whether the federal government has violated our Constitution! Under his discussion of the 3rd Resolution, Madison says:
  • “It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts; that where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made, has been pursued or violated. The Constitution of the United States was formed by the sanction of the States, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” [emphasis mine]
  • Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. 
  • This would subvert the Rights of the People as well as betray the fundamental principle of our Founding:
  • …If the deliberate exercise, of dangerous power, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself as well as to provide for the safety of the parties to it; there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the State constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” [emphasis mine]
  • Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort”.
  • Madison explains that when the federal government acts outside the Constitution by usurping powers, and when the Constitution affords no remedy to that usurpation; then the Sovereign States who are the Parties to the Constitution must likewise step outside the Constitution and appeal to that original natural right of self-defense.
  • Madison goes on to say that all three Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of their Creator.
  • but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [boldface mine]
  • Application Today
  • When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.
  • Accordingly, each State has a natural right to nullify these unconstitutional dictates within its borders.  These dictates are outside the compact The Sovereign States made with each other –WE never gave our “creature” power over these objects.
  • To sum this up:
  • Nullification is a natural right of self-defense. Rights don’t come from the Constitution. Like all Rights, the right of self-defense comes from God (The Declaration of Independence, 2nd para). Nullification is a reserved power within the meaning of the 10th Amendment. The Constitution doesn’t prohibit States from nullifying, and We reserved the power to do it. God requires us to disobey civil authorities when they violate God’s Law. That’s why the 2nd para of the Declaration of Independence says we have the duty to overthrow tyrannical government. See: The Biblical Foundation of our Constitution. Nullification is required by Oath of Office:  Article VI, cl. 3 requires all State officers and judges to “support” the federal Constitution. Therefore, when the federal government violates the Constitution, the States must smack them down.
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    Incredible and passionate argument concerning the States natural God given right to nullify and render unenforceable un-Constitutional actions of the Federal Government.  As "creators" of the Federal Government, the States are obligated to nullify un-Constitutional actions and interpose Constitutional alternatives.  Huldah sites Jefferson, Madison and Hamilton as the primary Constitutional authorities for her rock solid argument.   If ever you want to learn about the Constitution, Publius Huldah is clearly the place to go.  
Paul Merrell

Victory! Federal Court Recognizes Constitutional Rights of Americans on the No-Fly List... - 0 views

  • A federal court took a critically important step late yesterday towards placing a check on the government's secretive No-Fly List. In a 38-page ruling in Latif v. Holder, the ACLU's challenge to the No-Fly List, U.S. District Court Judge Anna Brown recognized that the Constitution applies when the government bans Americans from the skies. She also asked for more information about the current process for getting off the list, to inform her decision on whether that procedure violates the Fifth Amendment guarantee of due process. We represent 13 Americans, including four military veterans, who are blacklisted from flying. At oral argument in June on motions for partial summary judgment, we asked the court to find that the government violated our clients' Fifth Amendment right to due process by barring them from flying over U.S. airspace – and smearing them as suspected terrorists – without giving them any after-the-fact explanation or a hearing at which to clear their names. The court's opinion recognizes – for the first time – that inclusion on the No-Fly List is a draconian sanction that severely impacts peoples' constitutionally-protected liberties. It rejected the government's argument that No-Fly list placement was merely a restriction on the most "convenient" means of international travel.
  • Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation. According to the court, placement on the No-Fly List is like the revocation of a passport because both actions severely burden the right to international travel and give rise to a constitutional right to procedural due process: Here it is undisputed that inclusion on the No-Fly List completely bans listed persons from boarding commercial flights to or from the United States or over United States air space.  Thus, Plaintiffs have shown their placement on the No-Fly List has in the past and will in the future severely restrict Plaintiffs' ability to travel internationally. Moreover, the realistic implications of being on the No-Fly List are potentially far-reaching. For example, TSC [the Terrorist Screening Center] shares watchlist information with 22 foreign governments and United States Customs and Boarder [sic] Protection makes recommendations to ship captains as to whether a passenger poses a risk to transportation security, which can result in further interference with an individual's ability to travel as evidenced by some Plaintiffs' experiences as they attempted to travel abroad by boat and land and were either turned away or completed their journey only after an extraordinary amount of time, expense, and difficulty. Accordingly, the Court concludes on this record that Plaintiffs have a constitutionally-protected liberty interest in traveling internationally by air, which is affected by being placed on the list. The court also found that the government's inclusion of our clients on the No-Fly List smeared them as suspected terrorists and altered their ability to lawfully board planes, resulting in injury to another constitutionally-protected right: freedom from reputational harm.
  • The importance of these rulings is clear. Because inclusion on the No-Fly List harms our clients' liberty interests in travel and reputation, due process requires the government to provide them an explanation and a hearing to correct the mistakes that led to their inclusion. But under the government's "Glomar" policy, it refuses to provide any information confirming or denying that our clients are on the list, let alone an after-the-fact explanation and hearing. The court has asked the ACLU and the government for more information about the No-Fly List redress procedure to help it decide the ultimate question of whether that system violates the Fifth Amendment right to due process. We are confident the court will recognize that the government's "Glomar" policy of refusing even to confirm or deny our clients' No-Fly List status (much less actually providing the reasons for their inclusion in the list) is fundamentally unfair and unconstitutional.
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    A case decision in August that I had missed, right here in Oregon. One of our Oregon federal judges gets it right after being reversed the first time by the 9th U.S. Circuit Court of Appeals. I've read the opinion. Looks quite solid. Plaintiffs were carefully chosen for this test case, 13 citizens placed on the no-fly list, all with compelling stories of winding up stranded, some overseas. Several are U.S. military veterans. All were told by government officials that the reason they could not board was because they were on the TSA no-fly list. At issue is whether they have a right to be informed of the information that resulted in them being placed on the no-fly list and a right to a hearing to seek correction of the information. Their constitutional interest in their reputations is also in play, since they have been classified by their government as too dangerous to allow to travel by commercial airline.   The district court case is not done; the judge has ordered further briefing on some issues. But the government is trying to defend a process in which no one is ever formally notified that they are on the no-fly list and is never advised of the reasons they are on the no-fly list. The number of Americans on the no-fly list is now over 700,000. But the judge has recognized that there is a constitutional right to travel and that it extends to international travel. From the opinion: "Plaintiffs contend the government has deprived them of their protected liberty interest in travel. In Kent v. Dulles, 357 U.S. 116 (1958), the Supreme Court held "[t]he right to travel is part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment."  Id. at 125. As noted by the Ninth Circuit, "the [Supreme] Court has consistently treated the right to international travel as a liberty interest that is protected by the Due Process Clause of the Fifth Amendment." DeNieva v. Reyes, 966 F.2d 480, 485 (9th Cir. 1992)(emp
Paul Merrell

The NSA is turning the internet into a total surveillance system | Alexander Abdo and P... - 0 views

  • Another burst of sunlight permeated the National Security Agency's black box of domestic surveillance last week.According to the New York Times, the NSA is searching the content of virtually every email that comes into or goes out of the United States without a warrant. To accomplish this astonishing invasion of Americans' privacy, the NSA reportedly is making a copy of nearly every international email. It then searches that cloned data, keeping all of the emails containing certain keywords and deleting the rest – all in a matter of seconds.
  • The NSA appears to believe this general monitoring of our electronic communications is justified because the entire process takes, in one official's words, "a small number of seconds". Translation: the NSA thinks it can intercept and then read Americans' emails so long as the intrusion is swift, efficient and silent.That is not how the fourth amendment works.Whether the NSA inspects and retains these messages for years, or only searches through them once before moving on, the invasion of Americans' privacy is real and immediate. There is no "five-second rule" for fourth amendment violations: the US constitution does not excuse these bulk searches simply because they happen in the blink of an eye.The government claims that this program is authorized by a surveillance statute passed in 2008 that allows the government to target foreigners for surveillance. Although the government has frequently defended that law as a necessary tool in gathering foreign intelligence, the government has repeatedly misled the public about the extent to which the statute implicates Americans' communications.
  • There should no longer be any doubt: the US government has for years relied upon its authority to collect foreigners' communications as a useful cover for its sweeping surveillance of Americans' communications. The surveillance program revealed last week confirms that the interception of American communications under this law is neither "targeted" at foreigners (in any ordinary sense of that word) nor "inadvertent", as officials have repeatedly claimed.Last week's revelations are a disturbing harbinger of future surveillance. Two months ago, this newspaper reported that the US government has been forcing American telecommunications companies to turn over the call records of every one of their customers "on an ongoing daily basis", to allow the NSA to later search those records when it has a reason to do so. The government has since defended the program, in part on the theory that Americans' right to privacy is not implicated by the initial acquisition of their phone records, only by their later searching.That legal theory is extraordinarily dangerous because it would allow the NSA to acquire virtually all digital information today simply because it might possibly become relevant tomorrow. The surveillance program revealed by the New York Times report goes one step further still. No longer is the government simply collecting information now so that the data is available to search, should a reasonable suspicion arise at some point in the future; the NSA is searching everything now – in real time and without suspicion – merely on the chance that it finds something of interest.
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  • That principle of pre-emptive surveillance threatens to subvert the most basic protections of the fourth amendment, which generally prohibit the government from conducting suspicion-less fishing expeditions through our private affairs. If the government is correct that it can search our every communication in case we say or type something suspicious, there is little to prevent the NSA from converting the internet into a tool of pervasive surveillance.
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    Obama was apparently technically accurate but materially misleading when he he said that no one is reading your email. But government computers are reading every email. "Although conduct by law enforcement officials prior to trial may ultimately impair that right, a constitutional violation occurs only at trial. Kastigar v. United States, 406 U. S. 441, 453 (1972). The Fourth Amendment functions differently. It prohibits 'unreasonable searches and seizures' whether or not the evidence is sought to be used in a criminal trial, and a violation of the Amendment is 'fully accomplished' at the time of an unreasonable governmental intrusion. United States v. Calandra, 414 U. S. 338, 354 (1974); United States v. Leon, 468 U. S. 897, 906 (1984)." United States v. Verdugo-Urquidez, 494 US 259, 265 (1990), http://scholar.google.com/scholar_case?case=10167007390100843851  
Paul Merrell

Lawmakers, privacy advocates call for reforms at NSA - The Washington Post - 0 views

  • Some lawmakers called Friday for reforms and greater transparency in the surveillance operations of the National Security Agency following a report that the agency repeatedly violated privacy rules, while U.S. officials stressed that any mistakes are not intentional. The contrasting reactions came after The Washington Post reported that the NSA broke rules or overstepped its legal authority thousands of times in recent years, and the chief judge of the special federal surveillance court that oversees NSA spy programs said the court’s ability to provide oversight is limited.
  • Two leading critics of the surveillance programs said Friday that the administration has long underplayed the programs’ impact on privacy. “We believe Americans should know” that the report of violations “is just the tip of a larger iceberg,” Sens. Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) said in a statement.
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    "We believe Americans should know" that the report of violations "is just the tip of a larger iceberg," Sens. Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) said in a statement. Along the same lines, The Guardian's Glenn Greenwald said a few days ago that the most important articles about the NSA scandal have yet to be published, which suggests that The Guardian and The Washington Post articles so far are building credibility for even more important revelations.  
Paul Merrell

IPS - U.N. Will Censure Illegal Spying, But Not U.S. | Inter Press Service - 0 views

  • When the 193-member General Assembly adopts a resolution next month censuring the illegal electronic surveillance of governments and world leaders by the U.S. National Security Agency (NSA), the U.N.’s highest policy-making body will spare the United States from public condemnation despite its culpability in widespread wiretapping. A draft resolution currently in limited circulation – a copy of which was obtained by IPS – criticises “the conduct of extra-territorial surveillance” and the “interception of communications in foreign jurisdictions”. But it refuses to single out the NSA or the United States, which stands accused of spying on foreign governments, including political leaders in Germany, France, Brazil, Spain and Mexico, among some 30 others.
  • The draft says that while the gathering and protection of certain sensitive information may be justified on grounds of national security and criminal activity, member states must still ensure full compliance with international human rights. The resolution will also emphasise “that illegal surveillance of private communications and the indiscriminate interception of personal data of citizens constitutes a highly intrusive act that violates the rights to freedom of expression and privacy, and threatens the foundations of a democratic society.” Additionally, it will call for the establishment of independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications. And the resolution will request the U.N. High Commissioner for Human Rights, Navi PIllay, to present an interim report on the issue of human rights and “indiscriminate surveillance, including on extra-territorial surveillance.” This report is to be presented to the 69th session of the General Assembly next September, and a final report to its 70th session in 2015.
  • Chakravarthi Raghavan, a veteran Indian journalist who has been reporting on the U.N. and its activities since the 1960s, both in New York and later in Geneva, told IPS the resolution may help start a process under which the national security interests of every state, international security and right to privacy and human rights of people can be discussed and a balance found in some universal forum. “Otherwise, the U.N. world order will break down, and no one will benefit or emerge unscathed,” he said. Much will depend on the follow-up action that the General Assembly resolution calls for, and with what tenacity members pursue it. “Frankly, I am not at all clear that some of the nations raising the issue now are really serious,” said Raghavan, editor-emeritus of the Geneva-based South-North Development Monitor SUNS. “If they were, any one of them in Europe would have granted asylum to Edward Snowden, and not play footsie with U.S. in its attempts to have him jailed in the U.S. on espionage charges.” The revelations of U.S. spying have come mostly from documents released by Snowden, a former NSA contractor, who sought political asylum in Russia after he was accused of espionage by the United States.
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  • One Third World diplomat, speaking on condition of anonymity, told IPS the draft could undergo changes by the time it reaches the General Assembly mid-November. But he held out little hope the final resolution will specifically castigate the United States because of the political clout it wields at the United Nations, and Washington’s notoriety for exerting diplomatic pressure on its allies and aid recipients. Besides which, he said, everybody plays the spying game, including the French, the Germans, the Chinese and the Russians — and therefore none of them can afford to take a “holier than thou” attitude. Still, as the New York Times put it last week, “One thing is clear: the NSA’s Cold War-era argument, that everyone does it, seems unlikely to win the day.”
  • There has been a longstanding tradition that the “Five Eyes” do not spy on each other, the five being the United States, Britain, Canada, Australia and New Zealand. But the surveillance of European political leaders has triggered a strong rejoinder from the 28-member European Union (EU). Raghavan told IPS that even if other countries are not publicly feuding with the U.S. over this — and perhaps their own security apparatuses are secretly collaborating in this global “surveillance state” — the NSA activities at a minimum raise several systemic issues involving basic violations. These include violations of the U.N. Charter; “unauthorised” and blatantly illegal invasions and/or intrusions into national space; World Trade Organisation (WTO) agreements, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement and the General Agreement on Trade in Services (GATS); the International Telecommunication Union Treaty and Conventions; treaties and protocols of the World Intellectual Property Organisation (WIPO); the Universal Human Rights Declaration and conventions; and the Vienna diplomatic conventions and codes of behaviour among civilised nations. “All these strike at the roots of the very basics of international law and international public law,” he said.
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    So if Raghavan is correct, a new treaty will emerge from the debacle that limits but does not end foreign surveillance. And if so, I predict that it will have no enforcement provisions and absolutely no citizen remedies for rights violated. The farther we go down the NSA rabbit hole, the more convinced I am that it is a stark choice between having spy agencies equipped for digital surveillance and Internet Freedom.  Internet Freedom seems far better equipped to produce world peace through understanding than spy agencies who deliver their "intelligence" to only the favored few. 
Paul Merrell

Polish Outrage to Paying Victims of CIA Black Sites-and What the Eur Court Said | Just ... - 0 views

  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • But the Court took a different, more robust view and found significant responsibility on part of the Polish government. The Court held (my emphasis added): “517. … Notwithstanding the [Article 3] Convention obligation, Poland, for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it from occurring. As the Court has already held above, on the basis of their own knowledge of the CIA activities deriving from Poland’s complicity in the [High-Value Detainees Program] Programme and from publicly accessible information on treatment applied in the context of the “war on terror” to terrorist suspects in US custody the authorities – even if they did not witness or participate in the specific acts of ill-treatment and abuse endured by the applicant – must have been aware of the serious risk of treatment contrary to Article 3 occurring on Polish territory.”
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  • The ruling, which predated the publication of the redacted version of the Senate Intelligence Committee report on the CIA program, brought important judicial scrutiny to the agency’s post-9/11 practices, including the controversial role played by U.S. allies. The Senate report has since provided some further details about Poland’s involvement, although the country is not identified by name. The AP report notes the frustration of those in Poland who view the ruling as unjustifiably punishing the country for CIA actions. An opposition Polish lawmaker has recorded his discontent, stating that the terror suspects remained in the sole custody of U.S. officials throughout their detention. Former Foreign Minister Radoslaw Sikorski has similarly been quoted by the LA Times’ Carol Williams as saying:  “We might have to pay compensation even though our personnel did nothing wrong. You can imagine how Polish people feel about it … We just wish that intelligence matters were kept confidential.”
  • While some in Poland are expressing their exasperation with the Court’s ruling, the issue of compensation has sparked equal outrage among some in the United States who do not believe that suspects of terrorist attacks should receive payments, as noted by the AP. The controversy over compensation comes just as the U.S. faces renewed calls from some European and other countries to compensate victims of CIA torture. At the UN Human Rights Council last week, the Universal Periodic Review report on the United States documented other UN member states’ objections to U.S. practices.
  • Meanwhile, in Europe, more judgments are pending on this subject, including two involving the same detainees (see: Abu Zubaydah v. Lithuania and Al Nashiri v. Romania). While accountability within the U.S. still seems like a pipe dream, the European Court of Human Right’s more robust approach perhaps offers the only means of securing reparation for human rights abuses committed as part of the “war on terror.” The Court’s approach may also help to educate European citizens on the nature of complicity in grave human rights abuses. By calling for compensation, the Court has also served to weaken the forms of international cooperation that foster such violations in the first place.
Paul Merrell

Exclusive: at ICC Palestine seeks 23 counts against Israel, 7 war crimes - 0 views

  • Palestinian leaders seek to charge Israel at the International Criminal Court in The Hague with the crime of “Apartheid” and 22 other criminal counts, including seven war crimes. A thick set of documents containing evidence and arguments was ceremoniously handed over to the ICC today at its headquarters, according to Shawan Jabarin, the director of the Palestinian human rights group Al Haq. Jabarin said he had seen the documents in Ramallah and that the case file covers three areas of Israeli violations under international law: the summer war in Gaza in 2014, settlements in East Jerusalem and the West Bank, and issues relating to Palestinian prisoners. Most of the pages are of “legal analysis and legal arguments” he said, in which Palestinians gave technical explanations to the court for how Israel broke specific regulations.
  • The dossier is organized into sections, one for each of the 23 counts against Israel. Aside from asserting that Israel has violated the United Nations definition of “Apartheid,” Jabarin said the report also names specific crimes such as the “targeting of civilians” in Gaza, and violations of rights to due process for Palestinian detainees held in Israeli prisons who are then prosecuted under Israeli military code. Military courts boast a 99.9% conviction rate and trials last an average of five minutes. Palestinians rights groups say these courts violate their fundamental rights to a fair trial. Additionally, Israel transfers Palestinians from the occupied territory to a number of prisons inside Israel in what the Palestinian brief argues is a violation of the Fourth Geneva Convention.   The evidence used to support each of the Palestinian claims is sourced from field investigations by the Palestinian government, and reports published by the human rights groups Al Haq, Human Rights Watch and Amnesty International. Surprisingly Jabarin indicated the United Nations Human Rights Council’s (UNHRC) report published Sunday outlining “possible war crimes” committed by Israel and Hamas was not included, despite Palestinian leaders stating repeatedly over the past few months that they would courier a copy to the ICC. Even so, the court has the ability to solicit their own research materials including ordering the UN report.
  • Last winter after Palestine joined the ICC, its leaders sought to compel the ICC to look into war crimes committed by Israel. However, Palestinian President Mahmoud Abbas was barred at that time from calling for a criminal investigation. His hands were tied by a four-month waiting period for new members to the court. All the same, Palestinian officials exploited a loophole in the ICC rules to initiate a “preliminary inquiry” against Israel within their first months of joining the ICC. Now that freeze against filing charges against Israel has elapsed, Palestinian officials hope that their documents turned over to the court today will upgrade the inquiry into a full investigation, giving the court the power to summons Israeli officials for a trial. Yet there is no guarantee that the court will charge Israel, and Israel can still take actions that would immobilize The Hague. 
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  • The ICC can only move to charge Israel once its internal war crimes investigations closes. The ICC does not prosecute countries or leaders who are sanctioned by their own legal systems. Right now, Israel still has a handful of cases open that could lead to indictments. On the other hand, prosecution in the ICC could be nearing for Hamas for the alleged war crimes it committed during the war, including the targeting of civilians by rocket fire and the killings of so-called collaborators. The UN Human Rights Council report revealed the Islamic movement that rules Gaza does not have any system of internal review, which is the only mechanism that could outright block the ICC from opening charges. As a result, Hamas is currently more exposed to the long arm of the ICC than Israel.
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

UN officials accused of bowing to Israeli pressure over children's rights list | World ... - 0 views

  • Senior UN officials in Jerusalem have been accused of caving in to Israeli pressure to abandon moves to include the state’s armed forces on a UN list of serious violators of children’s rights. UN officials backed away from recommending that the Israel Defence Forces (IDF) be included on the list following telephone calls from senior Israeli officials. The Israelis allegedly warned of serious consequences if a meeting of UN agencies and NGOs based in Jerusalem to ratify the recommendation went ahead. Within hours, the meeting was cancelled. “Top officials have buckled under political pressure,” said a UN source. “As a result, a clear message has been given that Israel will not be listed.”
  • Organisations pressing for the IDF’s inclusion on the list since the war in Gaza last summer – which left more than 500 children dead and more than 3,300 injured – include Save the Children and War Child as well as at least a dozen Palestinian human rights organisations, the Israeli rights organisation B’Tselem and UN bodies such as the children’s agency Unicef. “These organisations are in uproar over what has happened,” said the UN source
  • The IDF’s inclusion on the UN’s list of grave violators of children’s rights would place it alongside non-state armed forces such as Islamic State, Boko Haram and the Taliban. There are no other state armies on the list. It would propel Israel further towards pariah status within international bodies and could lead to UN sanctions.
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  • Although Jerusalem-based officials cancelled the meeting – and subsequently decided not to recommend the IDF’s inclusion on the list – the UN complained to Israel over the intimidation of its staff. Susana Malcorra – a high-ranking official in the New York office of the UN secretary general, Ban Ki-moon – raised the issue in a private letter to Israel’s ambassador to the UN, Ron Prosor. The UN in New York said it could not comment on leaked documents. The telephone calls were made to June Kunugi, Unicef’s special representative to Palestine and Israel, on 12 February, the night before a meeting to decide whether to recommend the IDF’s inclusion on the list. One call was from a senior figure in Cogat, the Israeli government body that coordinates between the IDF, the Palestinian Authority and the international community; the other was made by an official in Israel’s foreign ministry.
  • ccording to UN and NGO sources, Kunugi was advised to cancel the meeting or face serious consequences. However, Israeli sources described the telephone conversations as friendly and courteous attempts to persuade Kunugi to delay the working group’s decision on its recommendation regarding the IDF until Israel had been allowed to present its case on the issue. At 8.54am the next morning, an email was sent on behalf of James Rawley, a senior official with UNSCO (the office of the UN special coordinator for the Middle East peace process) who had called the meeting, to participants. It said: “Please be informed that today’s meeting scheduled at 13:00hrs has been postponed. Sincere apologies for the inconvenience this may have caused.” A joint statement to the Guardian from Kunugi and Rawley said the “strictly confidential process” of determining inclusion on the list was still ongoing and was the “prerogative of the UN secretary general, and it rests with him alone”. The UN in Jerusalem was unable to comment on the process, it added, but the submission from Jerusalem to New York was “based on verified facts, not influenced by any member state or other entity”.
  • Unicef has called a fresh meeting to update UN and NGO officials in Jerusalem on Thursday. The decision on which state and non-state armed forces are to be included on the list will be taken by UN chiefs in New York next month. However, according to the UN source, “a political decision has already been taken not to include Israel”.
  • A separate source told the Guardian: “The UN caved to Israel’s political pressure and took a highly contentious step to shelter Israel from accountability.” The list of violators of children’s rights is contained in the annex of the annual report of the secretary general on children and armed conflict. A “monitoring and reporting mechanism”, established by a UN security council resolution, supplies information on grave violations of children’s rights, such as killing and maiming, recruitment of minors into armed forces, attacks on schools, rape, abduction, and denial of humanitarian access to children. The secretary general is required to list armed forces or armed groups responsible for such actions. Following last summer’s seven-week war in Gaza, a number of UN agencies and NGOs met to consider whether to recommend the IDF’s inclusion on the list. According to insiders, participants “agreed there is a strong and credible case to recommend listing”.
  • A 13-page internal Unicef paper seen by the Guardian examined the case for the IDF to be listed on the basis of its actions in last summer’s war in Gaza, including the killing and injuring of children, and “targeted and indiscriminate” attacks on schools and hospitals. Several of the working group’s participants wrote to the UN secretary general to urge the inclusion of the IDF on the list. A letter sent in December by Defence for Children International (Palestine) said: “There is ample evidence to demonstrate that Israel’s armed forces have committed acts that amount to the grave violations against children during armed conflict, as defined by UN security council resolutions, including killing or maiming children and attacks against schools and hospitals.” The Israeli ministry of foreign affairs and Cogat declined to answer specific questions about the phone calls to Kunugi, but said in a joint statement: “Israel has a good working relationship with Unicef and the United Nations in general. Israel has no desire to get into a slanging match with anti-Israel elements nor to submit to their intimidations.”
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    More information, including that Palestine Civil Society has requested that U.N. Secretary General Ban Ki Moon to discharge two U.N. officials involved becuase of this issue and because of signifificant delays that work to Israel's advantage in reconstruction of Gaza following Israel's assault last summer. http://electronicintifada.net/blogs/ali-abunimah/un-providing-israel-cover-killing-gazas-children
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