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Gary Edwards

The Daily Bell - Thomas DiLorenzo: More on the Myth of Lincoln, Secession and the 'Civil War' - 1 views

www.thedailybell.com/...ln-Secession-and-the-Civil-War

Lincoln Thomas-DiLorenzo

shared by Gary Edwards on 02 Jun 13 - No Cached
  • The state cannot tell the people that it is bankrupting them and sending their sons and daughters to die by the thousands in aggressive and unconstitutional wars so that crony capitalism can be imposed at gunpoint in foreign countries, and so that the military-industrial complex can continue to rake in billions. That might risk a revolution. So instead, they have to use the happy talk of American virtue and American exceptionalism, the "god" of democracy," etc.
  • Specifically, he repeated the "All Men are Created Equal" line from the Gettysburg Address to make the case that it is somehow the duty of Americans to force "freedom" on all men and women everywhere, all around the globe, at gunpoint if need be. This is the murderous, bankrupting, imperialistic game that Lincoln mythology is used to "justify."
  • Lincoln spent his entire life in politics, from 1832 until his dying day, as a lobbyist for the American banking industry and the Northern manufacturing corporations that wanted cheaper credit funded by a government-run bank.
  • ...18 more annotations...
  • No member of the Whig Party was more in bed with the American banking establishment than Lincoln was, according to University of Virginia historian Michael Holt in his book on the history of the American Whig party.
  • Bank of the United States
  • The Whig Party "had no platform to announce," Masters wrote, "because its principles were plunder and nothing else." Lincoln himself once said that he got ALL of his political ideas from Henry Clay, the icon and longtime leader of the Whig Party.
    • Gary Edwards
      Gary Edwards on 02 Jun 13
       
      Nice insult.  But watch how the interviewer responds; "Thanks for the insight".  These guys are funny!
  • I don't usually answer "when did you stop beating your wife"-type questions since they always come from people with I.Q.s in the single digits.
  • Thanks for the insights
  • War is always destructive to a nation's economy regardless of whether it wins or loses the war.
  • War is the opposite of capitalism.
  • Capitalism is a system of peaceful, mutually-advantageous exchanges at market prices based on the international division of labor.
  • War destroys the international division of labor and diverts resources from peaceful, capitalistic exchange to death and destruction.
  • However, there are always war profiteers – the people who profit from selling and financing the military. One doesn't need to invent a conspiracy theory about this: War profiteering is war profiteering and has always existed as an essential feature of all wars.
  • "American exceptionalism" did not become a tool of American imperialism until AFTER the Civil War.
  • British intellectuals like Lord Acton understood and wrote about how the result of the war would be a US government that would become more tyrannical and imperialistic.
  • Knights of the Golden Circle
  • Davis was not a dictator. He had a lot of help losing the war, especially from his generals who insisted on the Napoleonic battlefield tactics they were taught at West Point and which had become defunct because of the advent of more deadly military technology by the middle of the nineteenth century.
  • One of his biggest failures was waiting until the last year of the war to finally do what General Robert E. Lee had been arguing from the beginning – offering the slaves freedom in return for fighting with the Confederate Army in defense of their country.
  • eaceful secession is the only way out of the new slavery for the average American, and it will only happen if we have a president who is more like Gorbachev than Lincoln.
  • The union of the founders was voluntary, and several states reserved the right to withdraw from the union in the future if it became destructive of their rights. Since each state has equal rights in the union, this became true for all states.
  • Gary Edwards on 02 Jun 13
     
    Thank you Thomas DiLorenzo for having the courage to set the record straight.  IMHO, Lincoln should be remembered for freeing the slaves and standing up to the International Bankster Cartel and Wall Street.  But what he did to the USA Constitution and the Bill of Rights was an unprecedented assault on individual liberty.  Good thing the guy could write beautifully on liberty and freedom because his actions amounted to a historic assault on everything the founding fathers held near and dear. excerpt:    "confronting academic "Lincoln revisionism." "Who was Lincoln really and why have you spent so much of your career trying to return Lincoln's academic profile to reality? Thomas DiLorenzo: Lincoln mythology is the ideological cornerstone of American statism. He was in reality the most hated of all American presidents during his lifetime according to an excellent book by historian Larry Tagg entitled The Unpopular Mr. Lincoln: America's Most Reviled President. He was so hated in the North that the New York Times editorialized a wish that he would be assassinated. This is perfectly understandable: He illegally suspended Habeas Corpus and imprisoned tens of thousands of Northern political critics without due process; shut down over 300 opposition newspapers; committed treason by invading the Southern states (Article 3, Section 3 of the Constitution defines treason as "only levying war upon the states" or "giving aid and comfort to their enemies," which of course is exactly what Lincoln did). He enforced military conscription with the murder of hundreds of New York City draft protesters in 1863 and with the mass execution of deserters from his army. He deported a congressional critic (Democratic Congressman Clement Vallandigham of Ohio); confiscated firearms; and issued an arrest warrant for the Chief Justice when the jurist issued an opinion that only Congress could legally suspend Habeas Corpus. He waged an unnecessary war (all other countries ended slavery
Gary Edwards

The Constitution and Foreign Policy: The Future of Freedom Foundation - 0 views

www.fff.org/fd0707e.asp

Constitution Constitution-Foreign-Policy

shared by Gary Edwards on 17 Jan 12 - No Cached
  • Gary Edwards on 17 Jan 12
     
    The Constitution and Foreign Policy by Bart Frazier, Posted October 17, 2007 Protecting the country from invasion and securing individual rights are two of the vital functions of the federal government. At the same time the government is the greatest threat to our freedom. This was the subject of FFF's June conference, "Restoring the Republic: Foreign Policy and Civil Liberties." An underlying theme, touched on by every one of the speakers, was the relationship between the state and the individual, for it is the individual who ultimately feels the effects of the government policies. For Americans, the rulebook for this relationship is the Constitution. In the United States, the Constitution is the primary connection between the individual and the state. It is the law of the land and the document that trumps all others when determining what the state may and may not do. The Constitution was designed to protect us, the people, from government. It is the government, however, that has advanced an overactive foreign policy for the past several decades, and it is the American people who now feel the adverse effects of the resulting blowback. It is the government that violates civil liberties, and it is the individual who feels the effects of government surveillance, detention, and torture.
Paul Merrell

Privacy board report last straw on NSA surveillance program, lawmakers say | TheHill - 0 views

thehill.com/...traw-on-surveillance-lawmakers

surveillance state NSA NSA-reform Congress NSA-blowback Obama

shared by Paul Merrell on 29 Jan 14 - No Cached
  • Lawmakers are renewing their calls for an end to a controversial surveillance program that collects data about virtually all American phone calls, citing the newest recommendations from a government privacy board.This newest set of recommendations “spells the final end of the government's bulk collection” of phone call data, Rep. Adam Schiff (D-Calif.) said in a statement.The Privacy and Civil Liberties Oversight Board — tasked with overseeing the country’s surveillance activities — released its first report on the controversial surveillance programs made public by former National Security Agency contractor Edward Snowden last year.
  • The board recommended that the government end the phone data program, questioning its efficacy and saying that it “lacks a viable legal foundation” and “raises serious threats to privacy and civil liberties as a policy matter, and has shown only limited value.”Last week, President Obama outlined changes he plans to make to the surveillance program, including requiring intelligence agencies to get court approval before accessing the phone data.Critics of the NSA and its phone data program say Obama didn’t go far enough in his speech and are now pointing to the privacy board’s report as evidence that more needs to be done.“The president's recommendations last week did not go far enough to rein in the out-of-control National Security Agency,” Sen. Bernie Sanders (I-Vt.) — who has questioned the intelligence community on whether it spies on officials — said in a statement.
  • “This report underscores that the collection of records on virtually every phone call made in the United States is an unconstitutional violation of the privacy rights guaranteed by the Fourth Amendment,” he said, calling on Congress to “pass strong legislation to protect the privacy and civil liberties of the American people.”Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.), co-author of the USA Freedom Act, which would end bulk surveillance programs, said the report highlights the need for congressional action.“The report appropriately calls into question the legality and constitutionality of the program, and underscores the need to change the law to rein in the government’s overbroad interpretation” of its surveillance authority, he said in a statement.Schiff called for congressional action before next year’s sunset of a surveillance-enabling national security law.“Congress will not re-authorize bulk collection of this data when it expires next year, but Congress should not wait for the program to expire on its own,” he said. “Rather we should work to restructure the program now.”
  • ...2 more annotations...
  • House Judiciary Committee Chairman Bob Goodlatte (R-Va.) vowed to consider the report as his committee looks at the phone data program, which “is in need of significant reform.”In his statement, Goodlatte said he plans to hold a hearing “soon” to examine Obama’s announced plans to rein in surveillance, as well as the recommendations from the privacy board and a White House-convened group of privacy and intelligence experts.Rep. Mike Rogers (R-Mich.), chairman of the House Intelligence Committee and an ardent defender of the NSA, slammed the report, accusing the privacy board of overstepping its boundaries. 
  • Rogers pointed to the 17 federal judges who, in 38 cases, “examined this issue and found the telephone metadata program to be legal, concluding this program complies with both the statutory text and with the U.S. Constitution.”The privacy board should “advise policymakers on civil liberties and privacy aspects of national security programs, and not partake in unwarranted legal analysis” or “go outside its expertise to opine on the effectiveness of counterterrorism programs,” Rogers said in a statement. 
Gary Edwards

Articles of Impeachment Against Obama - 0 views

blackrepublican.blogspot.com/...an-citizens-file-articles.html

Impeachment articles-of-impeachment

shared by Gary Edwards on 16 Aug 13 - No Cached
  • Gary Edwards on 16 Aug 13
     
    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Gary Edwards

Google News - 1 views

news.google.com/?ar=1376592686

Impeachment articles-of-impeachment

shared by Gary Edwards on 15 Aug 13 - No Cached
  • Gary Edwards on 15 Aug 13
     
    Ten Articles of Impeachment have been drawn up and submitted to the House Judiciary Committee for consideration. Very well written, the articles are a clear indictment of Obama, listing his offenses in the most concise and clear manner I've seen to date. Excellent stuff. "The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language: We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors. On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.  Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared: "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776. THE IMPEACHMENT POWER Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." THE ARTICLES OF IMPEACHMENT In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disre
  • Paul Merrell on 16 Aug 13
Paul Merrell

House Intelligence Bill Fumbled Transparency - Federation Of American Scientists - 0 views

fas.org/...house-intel

surveillance state NSA-reform Congress legislation

shared by Paul Merrell on 06 Jun 14 - No Cached
  • Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or Civil Liberties perspective.
  • But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.
  • The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.
  • ...1 more annotation...
  • However, a more focused classification reform program may be in the works. Rep. Bennie Thompson (D-MS), the ranking member of the House Homeland Security Committee, said that he would introduce “a comprehensive security clearance reform bill” that would also address the need to shrink the national security classification system. The Thompson bill, which is to be introduced “in the coming weeks,” would “greatly expand the resources and responsibilities of the Public Interest Declassification Board,” Rep. Thompson said during the House floor debate on the intelligence bill on May 30. “A well-resourced and robust Board is essential to increasing accountability of the intelligence community,” he said.
  • Paul Merrell on 06 Jun 14
     
    I don't agree that whistleblowers need a secret system for their complaints. Secrecy is the problem, not the solution.In a supposedly democratic republic, every bit of government secrecy runs directly contrary to the citizen's right to be know what their government is up to.  All of the NSA reform measures in Congress share a fundamental flaw: they focus on what the NSA is allowed to do in secret. Any sane legislative approach would begin by identifying and clarifying what digital privacy rights citizens have and the obligation of government agencies and the private sector to report violations to their victims. Then one can proceed to examine how intelligence agencies might function within those parameters.  But the approach in Congress has been a catfight over "NSA reform" with secrecy accepted as the norm and without consideration of citizens' privacy rights, not even their Constitutional rights. But it is our privacy laws and their enforcement that needs attention, not directions to the Dark Government that is still allowed to remain in the dark. In other words, it is the public that should be informed of whistleblowers' revelations, not selected members of Congress, not secret courts, not some Privacy and Civil Liberties Oversight Board whose public reports are only summaries with all data they examine hid from view.  Bring that Dark Government into the sunlight and then real reform can happen but not before.
  • Gary Edwards on 07 Jun 14
     
    +1 The Constitutional and Natural rights of citizens come first. The legality of the NSA activities as well as other gov ops follows. This is an excellent point you make Paul! I hope others take up the cross and realize what an important point you are making in your comment.
Paul Merrell

Civil liberties group sues Canada over spying - The China Post - 0 views

www.chinapost.com.tw/...Civil-liberties.htm

surveillance state CSEC location-data

shared by Paul Merrell on 25 Oct 13 - No Cached
  • A Canadian civil liberties group on Tuesday sued the government's electronic eavesdropping agency, claiming that its “broad and unchecked” surveillance is unconstitutional and an illegal invasion of privacy. The British Columbia civil liberties Association (BCCLA) alleges that the Communications Security Establishment Canada's (CSEC) interception of Canadians' private communications and sweeping collection of metadata are unconstitutional. These activities, it said in a statement, amount to unreasonable search and seizure, and infringe on free expression — as people who feel they are being watched may not speak freely. Furthermore, in its lawsuit filed in the British Columbia Supreme Court the group demands that the agency obtain warrants from a judge for individual operations, rather than simply a nod from the minister of defense.
  • The BCCLA said metadata collected by the CSEC is automatically produced each time a Canadian uses a mobile phone or accesses the Internet. It includes the exact geographic location of the mobile phone user, records of phone calls and Internet browsing, and according to the BCCLA, can reveal “the most intimate details of Canadians' personal lives, including relationships, and political and personal beliefs.”
  • Paul Merrell on 25 Oct 13
     
    Note that the metadata gathered from mobile device communications allegedly includes location data for each call. I don't recall a disclosure that the NSA gets location data but if the Canooks are getting it, you can safely bet that NSA does too.
Paul Merrell

ACLU files new lawsuit over Obama administration drone 'kill list' | World news | The Guardian - 0 views

www.theguardian.com/...administration-drone-kill-list

war & peace U.S.-foreign-policy drone attacks Obama criteria FOIA litigation ACLU

shared by Paul Merrell on 17 Mar 15 - No Cached
  • As the US debates expanding its campaign against the Islamic State beyond Iraq and Syria, the leading US civil liberties group is intensifying its efforts to force transparency about lethal US counterterrorism strikes and authorities. On Monday, the American civil liberties Union (ACLU) will file a disclosure lawsuit for secret Obama administration documents specifying, among other things, the criteria for placement on the so-called “kill list” for drone strikes and other deadly force. Information sought by the ACLU includes long-secret analyses establishing the legal basis for what the administration terms its “targeted killing program” and the process by which the administration determines that civilians are unlikely to be killed before launching a strike, as well as verification mechanisms afterward to establish if the strike in fact has caused civilian deaths.
  • “Over the last few years, the US government has used armed drones to kill thousands of people, including hundreds of civilians. The public should know who the government is killing, and why it’s killing them,” Jameel Jaffer, deputy legal director for the ACLU, told the Guardian.
  • The ACLU suit proceeds after the Obama administration disclosed none of the lethal counterterrorism documentation through a Freedom of Information Act request the civil liberties group launched in October 2013. According to the new lawsuit, the departments of state, justice and defense, as well as the CIA, have stonewalled the ACLU’s requests for nearly 18 months. Recent legal history suggests the ACLU is in for an uphill court struggle. The Obama administration, which has called itself the most transparent in history, has thus far repelled or delayed ACLU lawsuits for disclosure around drone strikes and the 2011 assassination of Anwar al-Awlaki, a US citizen and al-Qaida propagandist. Additionally, the administration is fighting the ACLU on the legality of its bulk surveillance activities and to prevent the release of thousands of graphic photographs detailing Bush-era torture by the CIA and military. Yet the administration has seen the courts chip away at its blanket denials of documents sought by the ACLU. Most of the intelligence community’s disclosures of surveillance memos since Edward Snowden’s revelations have followed the administration’s courtroom losses to the ACLU and other civil-liberties groups. In June, the second circuit court of appeals forced the Department of Justice to release much of a critical 2010 memo blessing the killing of Awlaki. (The ACLU is seeking the release of 10 more major intelligence memos related to targeted killing.)
Gary Edwards

Statism: Whether Fascist or Communist, It's The Deadly Opposite of Capitalism - Forbes - 0 views

www.forbes.com/...2

shared by Gary Edwards on 02 Jan 14 - No Cached
  • So, we observe a fundamental difference: one system grants the state unlimited power, holding that the individual is the rightless slave of the state; the other system holds individual rights to be supreme and inalienable, with the state limited to a single function: the protection of those rights from physical force and fraud.
  • That is the distinction that must be made. We can expect no clarity in political discussion until the pure, consistent poles are identified: the opposition between dictatorship and liberty, between the individual as the nothing and the individual as sovereign. “Left” and “Right” have to be defined accordingly.
  • But “Left” and “Right” are informal shorthand. The actual terms are: “statism,” on the Left, and “capitalism,” on the Right.
  • ...4 more annotations...
  • Today’s political-economic system is not capitalism–not pure, consistent, uncontrolled, laissez-faire capitalism. Today in America we live in the Entitlement State and the Regulatory State.
  • A government that taxes 40 percent or more of our income, that controls our medical care, that regulates business so thoroughly that every firm large enough to afford it has a department of “compliance,” a government that controls the money supply, sets bank reserve-ratios, regulates stock offerings, margin-ratios, home construction, determines what pharmaceuticals and medical innovations can be sold, operates schools and universities, runs the passenger rail system, forbids “offensive” speech, increasingly intervenes in diet, subsidizes agriculture and “green” businesses, imposes tariffs, decides which businesses may merge, and, we have just learned, spies on its own citizens–is not a government remotely consistent with capitalism.
  • The closest the world ever came to actual capitalism was the United States in the 19th Century, the era of this country’s fastest economic growth. Even in that era, the capitalist, industrial North had to fight a bloody Civil War to end the South’s infamous anti-capitalist institution: slavery.
  • the political spectrum–Left vs. Right–must be defined in terms of statism vs. individual liberty.
  • Gary Edwards on 02 Jan 14
     
    The political spectrum of Left vs Right must be defined in terms of STATISM vs Individual Liberty. Liberty as understood by the Founding Fathers, and baked into the founding documents.
Paul Merrell

Report on the Free Flow of Information Act - 0 views

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

surveillance state s.987 press-shield-legislation

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

California Senate approves measure banning warrantless drone surveillance | Reuters - 0 views

www.reuters.com/...a-drones-idUSKBN0GR0E020140827

surveillance state California drones-police civil liberties

shared by Paul Merrell on 28 Aug 14 - No Cached
  • (Reuters) - The California State Senate passed legislation on Tuesday imposing strict regulations on how law enforcement and other government agencies can use drones, a move supporters said will protect privacy and prevent warrantless surveillance. The bill attracted bipartisan support in the Senate, passing 25-8 during the evening vote in Sacramento.The legislation would require law enforcement agencies to obtain a warrant before using an unmanned aircraft, or drone, except in emergencies such as a fire or a hostage-taking.
  • Other public agencies would be able to use drones, or contract for their use, to achieve their "core mission," so long as that mission is not to gather criminal intelligence."The potential for abuse of drones is high and we need to be vigilant to ensure our Constitutional rights are protected," said the bill's co-author, Democratic Senator Ted Lieu.Idaho and Virginia have also passed laws restricting uses of pilotless aircraft because of privacy concerns.
  • Los Angeles Mayor Eric Garcetti supported the new regulations but the measure faced opposition from law enforcement groups, including the California Police Chiefs Association and the California State Sheriffs' Association.The legislation "is an inappropriate attempt to impose search and seizure requirements on California law enforcement agencies beyond what is required by the 4th Amendment of the United States Constitution," the Los Angeles District Attorney's Office said in their opposition to the bill.
  • Paul Merrell on 28 Aug 14
     
    Gotta love that quote from the L.A. County District Attorney's Office. As though either the 4th Amendment or California's own constitution prohibits the legislature from granting citizens more liberties than the 4th Amendment sets as the irreducible minimum. By that logic, the federal Civil Rights Act would be unconstitutional because the 4th Amendment does not grant citizens the right to sue misbehaving cops in a civil action.  
Paul Merrell

Third group wants in on Larry Klayman NSA case - POLITICO.com - 0 views

www.politico.com/...n-klayman-nsa-case-196194.html

surveillance-state NSA Klayman 215-metadata civil-liberties

shared by Paul Merrell on 30 Sep 14 - No Cached
  • A third civil liberties organization is asking a federal appeals court for time to defend the only federal court ruling challenging the legality of the National Security Agency's bulk collection of information on U.S. telephone calls. The Center for National Security Studies, a D.C.-based group which advocates for individual liberties and government transparency, asked the U.S. Court of Appeals for the D.C. Circuit Friday to allow the group time to argue that U.S. District Court Judge Richard Leon's ruling that the counterterrorism program appeared to be illegal was correct, albeit on different grounds than Leon identified. Leon found the program likely unconstitutional as a violation of Fourth Amendment protections against unreasonable searches and seizures. However, CNSS and other advocates have argued that Leon never should have reached the constitutional issues because the NSA's bulk telephone metadata program was never authorized by Congress.
  • Government lawyers and numerous judges from the Foreign Intelligence Surveillance Court have concluded that the Section 215 of the Patriot Act creates a legal basis for the program, but that depends on the debatable notion that all U.S. telephone data are "relevant" to future terrorism investigations. Critics of that rationale say it would allow the government to collect virtually any type of data because it could become useful in the future. CNSS's motion filed Friday asks for 10 minutes of argument time on Nov. 4, when the D.C. Circuit takes up the government's appeal of Leon's ruling as well as several related appeals. The motion (posted here) says both the Justice Department and the conservative legal activist who brought the underlying lawsuits, Larry Klayman, are opposing the request for extra time. Last week, two other organizations?—the American Civil Liberties Union and the Electronic Frontier Foundation—asked together to join in the arguments on Klayman's case. The government and Klayman did not oppose that motion.
  • Some opponents of the NSA surveillance program are clearly nervous about leaving the arguments against the program solely to Klayman, a longtime conservative activist known as a rhetorical bombthrower.  In an online commentary last week, Klayman called for the U.S. military to use tactical nuclear weapons against the Islamic State militant group. However, he predicted that President Barack Obama will not do so because he "simply has no stomach for killing his creed en masse." The D.C. Circuit has not yet ruled on either of the motions to join in next month's arguments.
Paul Merrell

Libertarians to Chris Christie: Is life so dear, or peace so sweet? | Washington Times Communities - 0 views

communities.washingtontimes.com/...hristie-life-so-dear-or-peace-

surveillance state NSA libertarianism civil liberties Christie Auction 2016

shared by Paul Merrell on 06 Jan 14 - No Cached
  • Rep. Justin Amash, R-Mich., introduced an amendment to the Defense Appropriations Bill that would have defunded the NSA’s blanket collection of metadata and limited the government’s collection of records to those “relevant to a national security investigation.” It terrified New Jersey Governor Chris Christie, who lashed out at those who supported the bill and libertarianism in general.
  • “As a former prosecutor who was appointed by President George W. Bush on Sept. 10, 2001, I just want us to be really cautious, because this strain of libertarianism that’s going through both parties right now and making big headlines, I think, is a very dangerous thought,” Christie said.
  • The real question that the American people will have to answer is this: Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?
  • Paul Merrell on 06 Jan 14
     
    Let's remember in 2016 that Chris Christie believes support for civil liberties is thought crime. 
Paul Merrell

Tomgram: Shamsi and Harwood, An Electronic Archipelago of Domestic Surveillance | TomDispatch - 0 views

www.tomdispatch.com/...elago_of_domestic_surveillance

surveillance state civil-liberties shadow-ID watchlists

shared by Paul Merrell on 07 Nov 14 - No Cached
  • Uncle Sam’s Databases of Suspicion A Shadow Form of National ID
  • We do know that the nation’s domestic-intelligence network is massive, including at least 59 federal agencies, over 300 Defense Department units, and approximately 78 state-based fusion centers, as well as the multitude of law enforcement agencies they serve. We also know that local law enforcement agencies have themselves raised concerns about the system’s lack of privacy protections.
  • The SAR database is part of an ever-expanding domestic surveillance system established after 9/11 to gather intelligence on potential terrorism threats. At an abstract level, such a system may seem sensible: far better to prevent terrorism before it happens than to investigate and prosecute after a tragedy. Based on that reasoning, the government exhorts Americans to “see something, say something” -- the SAR program’s slogan. Indeed, just this week at a conference in New York City, FBI Director James Comey asked the public to report any suspicions they have to authorities. “When the hair on the back of your neck stands, listen to that instinct and just tell somebody,” said Comey. And seeking to reassure those who do not want to get their fellow Americans in trouble based on instinct alone, the FBI director added, “We investigate in secret for a very good reason, we don't want to smear innocent people.”
  • ...15 more annotations...
  • There are any number of problems with this approach, starting with its premise.  Predicting who exactly is a future threat before a person has done anything wrong is a perilous undertaking. That’s especially the case if the public is encouraged to report suspicions of neighbors, colleagues, and community members based on a “hair-on-the-back-of-your-neck” threshold. Nor is it any comfort that the FBI promises to protect the innocent by investigating “suspicious” people in secret. The civil liberties and privacy implications are, in fact, truly hair-raising, particularly when the Bureau engages in abusive and discriminatory sting operations and other rights violations.
  • At a fundamental level, suspicious activity reporting, as well as the digital and physical infrastructure of networked computer servers and fusion centers built around it, depends on what the government defines as suspicious.  As it happens, this turns out to include innocuous, First Amendment-protected behavior. As a start, a little history: the Nationwide Suspicious Activity Reporting Initiative was established in 2008 as a way for federal agencies, law enforcement, and the public to report and share potential terrorism-related information. The federal government then developed a list of 16 behaviors that it considered “reasonably indicative of criminal activity associated with terrorism.” Nine of those 16 behaviors, as the government acknowledges, could have nothing to do with criminal activity and are constitutionally protected, including snapping photographs, taking notes, and “observation through binoculars.”
  • Under federal regulations, the government can only collect and maintain criminal intelligence information on an individual if there is a “reasonable suspicion” that he or she is “involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity.” The SAR program officially lowered that bar significantly, violating the federal government’s own guidelines for maintaining a “criminal intelligence system.” There’s good reason for, at a minimum, using a reasonable suspicion standard. Anything less and it’s garbage in, garbage out, meaning counterterrorism “intelligence” databases become anything but intelligent.
  • Law enforcement officials, including the Los Angeles Police Department’s top counterterrorism officer, have themselves exhibited skepticism about suspicious activity reporting (out of concern with the possibility of overloading the system). In 2012, George Washington University’s Homeland Security Policy Institute surveyed counterterrorism personnel working in fusion centers and in a report generally accepting of SARs noted that the program had “flooded fusion centers, law enforcement, and other security outfits with white noise,” complicating “the intelligence process” and distorting “resource allocation and deployment decisions.” In other words, it was wasting time and sending personnel off on wild goose chases.
  • A few months later, a scathing report from the Senate subcommittee on homeland security described similar intelligence problems in state-based fusion centers. It found that Department of Homeland Security (DHS) personnel assigned to the centers “forwarded ‘intelligence’ of uneven quality -- oftentimes shoddy, rarely timely, sometimes endangering citizens’ civil liberties and Privacy Act protections... and more often than not unrelated to terrorism.”
  • yet another burgeoning secret database that the federal government calls its “consolidated terrorism watchlist.” Inclusion in this database -- and on government blacklists that are generated from it -- can bring more severe repercussions than unwarranted law enforcement attention. It can devastate lives.
  • As of August 2013, there were approximately 47,000 people, including 800 U.S. citizens and legal permanent residents like Mashal, on that secretive no-fly list, all branded as “known or suspected terrorists.” All were barred from flying to, from, or over the United States without ever being given a reason why. On 9/11, just 16 names had been on the predecessor “no transport” list. The resulting increase of 293,650% -- perhaps more since 2013 -- isn’t an accurate gauge of danger, especially given that names are added to the list based on vague, broad, and error-prone standards.
  • There is hope, however. In August, four years after the ACLU filed a lawsuit on behalf of 13 people on the no-fly list, a judge ruled that the government’s redress system is unconstitutional. In early October, the government notified Mashal and six others that they were no longer on the list. Six of the ACLU’s clients remain unable to fly, but at least the government now has to disclose just why they have been put in that category, so that they can contest their blacklisting. Soon, others should have the same opportunity.
  • The No Fly List is only the best known of the government’s web of terrorism watchlists. Many more exist, derived from the same master list.  Currently, there are more than one million names in the Terrorist Identities Datamart Environment, a database maintained by the National Counterterrorism Center. This classified source feeds the Terrorist Screening Database (TSDB), operated by the FBI’s Terrorist Screening Center. The TSDB is an unclassified but still secret list known as the “master watchlist.” containing what the government describes as “known or suspected terrorists,” or KSTs.
  • Nothing encapsulates the post-9/11, Alice-in-Wonderland inversion of American notions of due process more strikingly than this “blacklist first, innocence later... maybe” mindset. The Terrorist Screening Database is then used to fill other lists. In the context of aviation, this means the no-fly list, as well as the selectee and expanded selectee lists. Transportation security agents subject travelers on the latter two lists to extra screenings, which can include prolonged and invasive interrogation and searches of laptops, phones, and other electronic devices. Around the border, there’s the State Department’s Consular Lookout and Support System, which it uses to flag people it thinks shouldn’t get a visa, and the TECS System, which Customs and Border Protection uses to determine whether someone can enter the country.
  • According to documents recently leaked to the Intercept, as of August 2013 that master watchlist contained 680,000 people, including 5,000 U.S. citizens and legal permanent residents. The government can add people’s names to it according to a shaky “reasonable suspicion” standard. There is, however, growing evidence that what’s “reasonable” to the government may only remotely resemble what that word means in everyday usage. Information from a single source, even an uncorroborated Facebook post, can allow a government agent to watchlist an individual with virtually no outside scrutiny. Perhaps that’s why 40% of those on the master watchlist have “no recognized terrorist group affiliation,” according to the government’s own records.
  • Inside the United States, no watchlist may be as consequential as the one that goes by the moniker of the Known or Appropriately Suspected Terrorist File. The names on this blacklist are shared with more than 17,000 state, local, and tribal police departments nationwide through the FBI’s National Crime Information Center (NCIC). Unlike any other information disseminated through the NCIC, the KST File reflects mere suspicion of involvement with criminal activity, so law enforcement personnel across the country are given access to a database of people who have secretly been labeled terrorism suspects with little or no actual evidence, based on virtually meaningless criteria.
  • This opens up the possibility of increased surveillance and tense encounters with the police, not to speak of outright harassment, for a large but undivulged number of people. When a police officer stops a person for a driving infraction, for instance, information about his or her KST status will pop up as soon a driver’s license is checked.  According to FBI documents, police officers who get a KST hit are warned to “approach with caution” and “ask probing questions.” When officers believe they’re about to go face to face with a terrorist, bad things can happen. It’s hardly a stretch of the imagination, particularly after a summer of police shootings of unarmed men, to suspect that an officer approaching a driver whom he believes to be a terrorist will be quicker to go for his gun. Meanwhile, the watchlisted person may never even know why his encounters with police have taken such a peculiar and menacing turn. According to the FBI's instructions, under no circumstances is a cop to tell a suspect that he or she is on a watchlist.
  • And once someone is on this watchlist, good luck getting off it. According to the government’s watchlist rulebook, even a jury can’t help you. “An individual who is acquitted or against whom charges are dismissed for a crime related to terrorism,” it reads, “may nevertheless meet the reasonable standard and appropriately remain on, or be nominated to, the Terrorist Watchlist.” No matter the verdict, suspicion lasts forever.
  • The SARs program and the consolidated terrorism watchlist are just two domestic government databases of suspicion. Many more exist. Taken together, they should be seen as a new form of national ID for a growing group of people accused of no crime, who may have done nothing wrong, but are nevertheless secretly labeled by the government as suspicious or worse. Innocent until proven guilty has been replaced with suspicious until determined otherwise. Think of it as a new shadow system of national identification for a shadow government that is increasingly averse to operating in the light. It’s an ID its “owners” don’t carry around with them, yet it’s imposed on them whenever they interact with government agents or agencies. It can alter their lives in disastrous ways, often without their knowledge. And they could be you. If this sounds dystopian, that’s because it is.
Paul Merrell

Court Rules Feds Need Warrant to Access Drug Prescriptions Database | American Civil Liberties Union - 0 views

www.aclu.org/...-feds-need-warrant-access-drug

surveillance state DEA prescriptions patient-records 4th Amendment warrant

shared by Paul Merrell on 14 Feb 14 - No Cached
  • In a significant win for the privacy rights of anyone who has ever gotten a drug prescription, a federal judge in Oregon ruled yesterday that the DEA needs a warrant to search confidential prescription records. Oregon, like 48 other states, has a Prescription Drug Monitoring Program (PDMP), which tracks patients’ prescriptions for medications used to treat a long list of sensitive medical conditions. Although Oregon law requires police to get a warrant from a judge before searching prescription records in the database, the DEA has been requesting records using administrative subpoenas, which do not involve judicial authorization or probable cause. After the State of Oregon sued the DEA over this practice, the ACLU and ACLU of Oregon joined the suit on behalf of four patients and a doctor in the state. Last month, we argued in court that the DEA is violating the Fourth Amendment by bypassing the Constitution’s warrant requirement when seeking private prescription records. Yesterday, the court agreed. The court’s ruling is the first time a judge has held that law enforcement must get a probable cause warrant to access confidential prescription records from a state database in a criminal investigation. The opinion is significant for several reasons.
  • First, the court soundly rejected the DEA’s extreme argument that people lose their Fourth Amendment privacy rights in their medical information when they engage in confidential discussions with their doctor and pharmacist about their illnesses and treatment decisions. The federal government had argued that the “third party doctrine” applied, comparing confidential prescription records to electricity consumption records, bank records, and other categories of information held by third-party companies, for which courts have said police don’t need a warrant. The judge batted this argument aside, explaining that prescription records are “more inherently personal or private than bank records, and are entitled to and treated with a heightened expectation of privacy.” As the court held: “Although there is not an absolute right to privacy in prescription information, as patients must expect that physicians, pharmacists, and other medical personnel can and must access their records, it is more than reasonable for patients to believe that law enforcement agencies will not have unfettered access to their records.” More importantly, this ruling fits into a series of recent opinions calling into question the continuing vitality of the third party doctrine in modern society. As Justice Sotomayor wrote in United States v. Jonestwo years ago, “it may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties. This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.” This sentiment was echoed by the federal judge who ruled last year that the NSA’s bulk telephone metadata program violates the Fourth Amendment. The Oregon case is another blow to the third party doctrine’s shaky foundation.
  • In addition, although yesterday’s ruling is only binding within Oregon, it will be persuasive precedent for courts evaluating law enforcement’s use of subpoenas to obtain private prescription records—and similar information—around the country. The case is a reminder to the DEA and other law enforcement agencies that they are not above the law, and that they must comply with the Fourth Amendment’s warrant requirement when seeking sensitive information in criminal investigations. Finally, the case should add momentum to a movement within state legislatures to amend PDMP statutes to require police to get a warrant for prescription records. Ten states currently require a warrant as a matter of state law (Rhode Island was the most recent state to add this requirement, last year). The Pennsylvania House has passed legislation creating a warrant requirement for that state’s PDMP, and is waiting for the state senate to act. The Florida legislature may update the privacy protections for its PDMP this year. Action by state legislatures will send a strong message to the DEA that it should be getting warrants everywhere, not just in Oregon.
  • Paul Merrell on 14 Feb 14
     
    A case to watch as it wends it way through the appellate process. A very big win for the ACLU, with major implications for federal intelligence gathering in general. 
Paul Merrell

Ron Wyden: the future of NSA programs is being determined now | World news | theguardian.com - 0 views

www.theguardian.com/...ates-obama-end-data-collection

surveillance state NSA Wyden Obama Snowden 1.7-million-docs perjury Rand Paul

shared by Paul Merrell on 12 Jan 14 - No Cached
  • Privacy advocates pressed Barack Obama to end the bulk collection of Americans’ communications data at a series of meetings at the White House on Thursday, seizing their final chance to convince him of the need for meaningful reform of sweeping surveillance practices. A key US senator left one meeting at the White House with the impression that President Obama has yet to decide on specific reforms. “The debate is clearly fluid,” senator Ron Wyden of Oregon, a longtime critic of bulk surveillance, told the Guardian after the meeting. “My sense is the president, and the administration, is wrestling with these issues,” Wyden said. Other groups were meeting presidential aides on Thursday afternoon, including the representatives of the American Civil Liberties Union, the Electronic Privacy Information Center (Epic) and the Open Technology Institute. Expectations were mounting that Obama will propose changing the National Security Agency’s controversial database of all domestic phone call records.
  • Wyden, a member of the Senate intelligence committee, said he viewed the coming days and weeks, ahead of an announcement by Obama about the future scope of surveillance, to be decisive for the debate triggered by NSA whistleblower Edward Snowden.  “What I’d say to Americans is that the future of these programs is being determined now,” Wyden said. “For those like me, who believe that security and liberty are not mutually exclusive, this is the time to weigh in.”
  • Speaking after the meeting with legislators, White House spokesman Jay Carney described the conversation as an opportunity for Obama to “solicit their input”, rather than brief them on his decisions about the future scope of surveillance activities.  The White House held meetings on Wednesday with the leadership of the intelligence agencies, including NSA director Keith Alexander and director of national intelligence James Clapper, as well as with Obama’s privacy and civil liberties advisory group. On Friday, Obama’s staff is expected to meet representatives of major technology firms, ostensibly to continue deliberations.  Shortly before the legislators’ meeting began, two of the attendees, House intelligence committee leaders Mike Rogers of Michigan and Dutch Ruppersberger of Maryland, issued a statement describing a classified Defense Department report that they said alleged that Snowden’s leaks –which they said totaled 1.7m intelligence files and impacted intelligence operations of all military branches – could “gravely impact” US national security. 
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  • A spokesman for the Defense Intelligence Agency, which spearheaded the report, said the report was an “initial assessment”, and the work of the Information Review Task Force was “ongoing”. But neither the House intelligence committee leaders nor the DIA would provide additional information substantiating the allegations of Snowden’s impact.  “The report is classified and is not releasable,” said the DIA spokesman, who would not agree to be quoted by name. The classified interim assessment was delivered to the House and Senate intelligence committees on 6 January, and the DIA spokesman said there is no deadline for a final report, nor a mandate to make such a report public. 
  • Snowden's attorney, Ben Wizner, described the report as an attack on the journalism produced by the Snowden disclosures. "In truth, Mike Rogers is only indirectly attacking Snowden. He’s directly attacking the journalists who have reported on these revelations. There is not a shred of evidence that any adversary has had any access to any document other than those published by journalists, and they haven't contradicted that," Wizner told the Guardian. "We shouldn’t have any confidence in the accuracy of this innuendo. The government has shown time and again they have very little idea of what Snowden had access to."
  • Speaking outside the White House after a separate meeting with Obama, senator Rand Paul also stepped up his calls for government leniency toward Snowden, contrasting his treatment with Clapper, who has admitted misleading the Senate about surveillance. "Those who call for some sort of frontier justice for [Snowden] need to understand the laws needs to apply equally," Paul told reporters. "James Clapper by all accounts committed perjury which is punishable by five years in prison and if you want to throw the book at Snowden, it's a little hard to say 'Oh, but we're not going to do anything about James Clapper lying to Congress.'"
  • Asked if he was making a direct comparison, Paul added: "It's not my job to compare them or contrast what they did, but what James Clapper did has greatly harmed the credibility of the intelligence agencies ... he has really greatly damaged the intelligence community. It's arguable." After meeting with Obama, Wyden saw the debate over surveillance winding toward a conclusion. “This is crunch time. The decisions are going to be made in the very near future,” Wyden said. “The president made clear he wanted to hear from us. I’m going to keep urging members of Congress and the public to stand on the side of real reform and end intrusive surveillance practices that in effect violate the liberties of our people without making us safer.”
  • Paul Merrell on 12 Jan 14
     
    Wyden  says it's time to get involved. Wyden is one of my senators and is about to get an email informing him that if he believes Barack Obama is the person who will decide this issue, he'd better think that over a bit more.  
Gary Edwards

» EXCLUSIVE: Snowden Level Documents Reveal Stealth DHS Spy Grid Alex Jones' Infowars: There's a war on for your mind! - 0 views

www.infowars.com/ts-reveal-stealth-dhs-spy-grid

NSA-Patriot-Act-NDAA Edward-Snowden DHS-Spying

shared by Gary Edwards on 12 Nov 13 - No Cached
  • “The NMS also collects information about every Wi‐Fi client accessing the network, including its MAC address, IP address, signal intensity, data rate and traffic status,” the document reads. “Additional NMS features include a fault management system for issuing alarms and logging events according to a set of customizable filtering rules, along with centralized and version‐controlled remote updating of the Aruba Mesh Operating System software.”
  • Gary Edwards on 12 Nov 13
     
    It just keeps getting better ............... excerpt: "The wireless mesh network, which allows for private communication between wireless devices including cell phones and laptops, was built by California-based Aruba Networks, a major provider of next-generation mobile network access solutions. Labeled by their intersection location such as "1st&University" and "2nd& Seneca," the multiple network devices are easily detected in Seattle's downtown area through a simple Wi-Fi enabled device, leading many residents to wonder if they are being detected in return. "How accurately can it geo-locate and track the movements of your phone, laptop, or any other wireless device by its MAC address? Can the network send that information to a database, allowing the SPD to reconstruct who was where at any given time, on any given day, without a warrant? Can the network see you now?" asked Seattle newspaper The Stranger. According to reports from Kiro 7 News, the mesh network devices can capture a mobile user's IP address, mobile device type, apps used, current location and even historical location down to the last 1,000 places visited. So far Seattle police have been tight-lipped about the network's roll-out, even denying that the system is operational. Several groups including the ACLU have submitted requests to learn the programs intended use, but days have turned to months as the mesh network continues its advancement. According to The Stranger's investigation, Seattle Police detective Monty Moss claims the department has no plans to use the mesh network for surveillance… unless given approval by city council. Despite a recently passed ordinance requiring all potential surveillance equipment to be given city council approval and public review within 30 days of its implementation, the network has remained shrouded in secrecy. Unknown to the public until now, information regarding the system has been hiding in plain view since last February at minimum. Diagr
Paul Merrell

Beware the Dangers of Congress' Latest Cybersecurity Bill | American Civil Liberties Union - 0 views

www.aclu.org/...ress-latest-cybersecurity-bill

surveillance state legislation ACLU cybersecurity

shared by Paul Merrell on 01 Jul 14 - No Cached
  • A new cybersecurity bill poses serious threats to our privacy, gives the government extraordinary powers to silence potential whistleblowers, and exempts these dangerous new powers from transparency laws. The Cybersecurity Information Sharing Act of 2014 ("CISA") was scheduled to be marked up by the Senate Intelligence Committee yesterday but has been delayed until after next week's congressional recess. The response to the proposed legislation from the privacy, civil liberties, tech, and open government communities was quick and unequivocal – this bill must not go through. The bill would create a massive loophole in our existing privacy laws by allowing the government to ask companies for "voluntary" cooperation in sharing information, including the content of our communications, for cybersecurity purposes. But the definition they are using for the so-called "cybersecurity information" is so broad it could sweep up huge amounts of innocent Americans' personal data. The Fourth Amendment protects Americans' personal data and communications from undue government access and monitoring without suspicion of criminal activity. The point of a warrant is to guard that protection. CISA would circumvent the warrant requirement by allowing the government to approach companies directly to collect personal information, including telephonic or internet communications, based on the new broadly drawn definition of "cybersecurity information."
  • While we hope many companies would jealously guard their customers' information, there is a provision in the bill that would excuse sharers from any liability if they act in "good faith" that the sharing was lawful. Collected information could then be used in criminal proceedings, creating a dangerous end-run around laws like the Electronic Communications Privacy Act, which contain warrant requirements. In addition to the threats to every American's privacy, the bill clearly targets potential government whistleblowers. Instead of limiting the use of data collection to protect against actual cybersecurity threats, the bill allows the government to use the data in the investigation and prosecution of people for economic espionage and trade secret violations, and under various provisions of the Espionage Act. It's clear that the law is an attempt to give the government more power to crack down on whistleblowers, or "insider threats," in popular bureaucratic parlance. The Obama Administration has brought more "leaks" prosecutions against government whistleblowers and members of the press than all previous administrations combined. If misused by this or future administrations, CISA could eliminate due process protections for such investigations, which already favor the prosecution.
  • While actively stripping Americans' privacy protections, the bill also cloaks "cybersecurity"-sharing in secrecy by exempting it from critical government transparency protections. It unnecessarily and dangerously provides exemptions from state and local sunshine laws as well as the federal Freedom of Information Act. These are both powerful tools that allow citizens to check government activities and guard against abuse. Edward Snowden's revelations from the past year, of invasive spying programs like PRSIM and Stellar Wind, have left Americans shocked and demanding more transparency by government agencies. CISA, however, flies in the face of what the public clearly wants. (Two coalition letters, here and here, sent to key members of the Senate yesterday detail the concerns of a broad coalition of organizations, including the ACLU.)
  • Paul Merrell on 01 Jul 14
     
    Text of the bill is on Sen. Diane Feinstein's site, http://goo.gl/2cdsSA It is truly a bummer.
Paul Merrell

In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data Collection | Electronic Frontier Foundation - 0 views

www.eff.org/...w-many-americans-impacted-data

surveillance state NSA 702 FISA legislation backdoor-serches stats

shared by Paul Merrell on 29 May 16 - No Cached
  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
  • Paul Merrell on 29 May 16
     
    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Paul Merrell

NSA 'not interested in' Americans, privacy officer claims | TheHill - 0 views

thehill.com/...ericans-privacy-officer-claims

surveillance state NSA not-interested Richards

shared by Paul Merrell on 18 Mar 16 - No Cached
  • The National Security Agency’s internal civil liberties watchdog insisted on Thursday that the agency has no interest in spying on Americans under its controversial spying tools. “Our employees are trained to not look for U.S. persons,” NSA privacy and civil liberties officer Rebecca Richards said on Thursday.
  • “We’re not interested in those U.S. persons. We’re trying to look away from those,” she added. “Instead, we’re looking for where are our targets?”Richards’s comments came up during a Capitol Hill panel discussion about a new report on U.S. spying from the Brennan Center for Justice.The analysis looks at aspects of a presidential order that dates back to Ronald Reagan and was updated by then-President George W. Bush, called Executive Order 12333.
  • Programs under the order, which is meant to guide foreign surveillance, “have implications for Americans’ privacy that could well be greater than those of their domestic counterparts,” the organization wrote in its analysis. “The vast majority of Americans — whether wittingly or not — engage in communication that is transmitted or stored overseas.”“This reality of the digital age renders Americans’ communications and data highly vulnerable to NSA surveillance abroad.”
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  • NSA surveillance under Executive Order 12333 is separate from the agency’s higher profile bulk collection of Americans’ phone records, which ended last year. It also occurs under separate legal powers than a controversial provision of the 2008 update to the Foreign Intelligence Surveillance Act, which comes up for renewal at the end of 2017.The executive order targets foreigners, but can “incidentally” pick up data about Americans if their activity on the Internet crosses international borders, Richards acknowledged.“Our procedures are designed to say: There are occasions when you are going to get U.S. persons,” she said, “and when you get those U.S. persons, here’s the rules.”
  • Richards is the agency’s first ever civil liberties officer. She was hired in early 2014, on the heels of fallout from Edward Snowden’s leaks about the spy agency. 
  • Paul Merrell on 18 Mar 16
     
    Not interested. Apparently that's why NSA was turning over raw search results to Israel without filtering out "U.S. persons" data. And why they just decided to give other agencies including law enforcement access to raw search results. And why Gen. Keith Alexander personally put together a program to ruin people's reputations including a "U.S. person." And why Russell Tice said that he personally had Obama's NSA dossier in his hands when Obama was running for the U.S. Senate. And why Tice says NSA had similar dossiers on members of Congress and the justices of the U.S. Supreme Court and targeted "lots of lawyers." On and on.  Ms. Richards appears to have become a quick study in NSA's hallmark skill of lying to the public. 
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