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The Obama DOJ’s warrantless demands for e-mails

The Obama DOJ’s warrantless demands for e-mails

Salon
April 15, 2010


I want your emails.

A very significant case involving core privacy protections is now being litigated, where the Obama Justice Department is seeking to obtain from Yahoo “all emails” sent and received by multiple Yahoo email accounts, despite the fact that DOJ has never sought, let alone obtained, a search warrant, and despite there being no notice of any kind to the email account holders:

    In a brief filed Tuesday afternoon, the coalition says a search warrant signed by a judge is necessary before the FBI or other police agencies can read the contents of Yahoo Mail messages — a position that puts those companies directly at odds with the Obama administration.

As part of a case conducted largely under seal and thus hidden from public view, the DOJ demanded these emails from Yahoo without any effort to demonstrate probable cause to believe the email user was involved in the commission of any crime, but instead merely based on the vague claim that there is “reasonable grounds to believe” the emails “are relevant and material to an ongoing criminal investigation.” If the DOJ position were accepted, Americans would have substantially less privacy protections in their email communications.

Federal law is crystal clear that a search warrant is required for the Government to obtain any emails that have been stored less than 180 days — one that requires a showing of probable cause and that the documents sought to be described with particularlity. In contrast to the nation’s largest telecoms’ eager cooperation with Bush’s illegal surveillance programs, Yahoo — to its credit — refused to turn over any such emails to the Government without a search warrant. As a result, the DOJ is now seeking a federal court Order compelling the company to comply with its demands, and a coalition of privacy groups and technology companies — led by EFF and including Google — have now filed a brief supporting Yahoo’s position. Both Yahoo and that coalition insist that federal law as well as the Fourth Amendment’s search and seizure protection bar the Obama DOJ from acquiring these emails without a search warrant.

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Obama Supports DNA Sampling Upon Arrest

Obama will bypass Congress to detain suspects indefinitely

Obama Supports Renewing The PATRIOT ACT

Joe Biden’s pro-RIAA, pro-FBI tech voting record

Obama Votes YES on FISA Spy-Bill, McCain Skips

Obama Supports Giving Telecoms Amnesty for Illegal Wiretaps

Obama Implements ‘Precrime’ ‘Prolonged Detention’ for Detainees

 



Great American Tax Strike April 15-18th

Great American Tax Strike April 15-18th

http://www.youtube.com/watch?v=yi0MzHsgkuc

 



Militarized Police State: LRAD on a UAV

Militarized Police State: LRAD on a UAV

http://www.youtube.com/watch?v=9ouA0Tl8NNE

MAVs: The Future of Domestic Surveillance

Surveillance Drones To Zap Protesters Into Submission

Russia Creates Mind Control Weapons

First Time Sound Cannon Used Against American Citizens

 



Obama Supports DNA Sampling Upon Arrest

Obama Supports DNA Sampling Upon Arrest

Wired
March 10, 2010

Josh Gerstein over at Politico sent Threat Level his piece underscoring once again President Barack Obama is not the civil-liberties Knight In Shining Armor many were expecting.

Gerstein posts a televised interview of Obama and John Walsh of America’s Most Wanted. The nation’s chief executive extols the virtues of mandatory DNA testing of Americans upon arrest, even absent charges or a conviction. Obama said, “It’s the right thing to do” to “tighten the grip around folks” who commit crime.

When it comes to civil liberties, the Obama administration has come under fire for often mirroring his predecessor’s practices surrounding state secrets, the Patriot Act and domestic spying. There’s also Gitmo, Jay Bybee and John Yoo.

Now there’s DNA sampling. Obama told Walsh he supported the 18 states, including the federal government, that have varying laws requiring compulsory DNA sampling of individuals upon an arrest for crimes ranging from misdemeanors to felonies. The data is lodged in state and federal databases, and has fostered as many as 200 arrests nationwide, Walsh said.

The American Civil Liberties Union claims DNA sampling is different from mandatory, upon-arrest fingerprinting that has been standard practice in the United States for decades.

A fingerprint, the group says, reveals nothing more than a person’s identity. But much can be learned from a DNA sample, which codes a person’s family ties, some health risks, and, according to some, can predict a propensity for violence.

The ACLU is suing California to block its voter-approved measure requiring saliva sampling of people picked up on felony charges. Authorities in the Golden State are allowed to conduct so-called “familial searching” — when a genetic sample does not directly match another, authorities start investigating people with closely matched DNA in hopes of finding leads to the perpetrator.

Wondering whether DNA sampling is legal?

The courts have already upheld DNA sampling of convicted felons based on the theory that the convicted have fewer privacy rights. The U.S. Supreme Court has held that when conducting intrusions of the body during an investigation, the police need so-called “exigent circumstances” or a warrant. That alcohol evaporates in the blood stream is the exigent circumstance to draw blood from a suspected drunk driver without a warrant.

 



Russia Creates Mind Control Weapons

Russia Creates Mind Control Weapons

http://www.youtube.com/watch?v=SB3Qpe_7wuA

 



Obama Executive Order Stokes Martial Law Fears

Obama Executive Order Stokes Martial Law Fears

Paul Joseph Watson
Prison Planet.com
January 12, 2010

An Obama executive order that creates a council of state governors who will work with the feds to expand military involvement in domestic security has stoked fears that the administration is stepping up preparations for martial law.

The order, which is entitled Establishment of the Council of Governors (PDF), creates a body of ten state governors directly appointed by Obama who will work with the federal government to help advance the “synchronization and integration of State and Federal military activities in the United States”.

The governors will liaise with officials from Northcom, Homeland Security, the National Guard as well as DoD officials from the Pentagon “in order to strengthen further the partnership between the Federal Government and State governments,” according to the executive order.

In October 2008, Northcom, a Unified Combatant Command of the United States military based out of Peterson AFB, Colorado Springs, was assigned the 3rd Infantry Division’s 1st Brigade Combat Team returning from Iraq. An alarming September 8 Army Times report which was later denied after it sparked controversy stated that the troops would be used by Northcom to deal with “civil unrest and crowd control” in the aftermath of a national emergency.

The Obama executive order states that governors will help advise the feds on National Guard, homeland defense, and civil support activities.

The fact that the order further blurs the lines between state and federal power, as well as greasing the skids for more military involvement in domestic affairs has stoked fears that Obama may be laying the groundwork for his promised “national civilian security force”.

Conservatives and libertarians responded to the announcement by expressing their suspicion that Obama is preparing to give governors their marching orders in targeting “anti-government” types that have long been characterized as a terrorist threat by the feds in numerous reports stretching back over a decade.

“There is a definite purpose to this,” wrote one commenter on the popular Free Republic website, “The initial steps toward a domestic “Civilian Security Force” in each state, as called for by the fascisti during the campaign. It will be coordinated at the state level, under the authority of DHS and DoD and assorted agencies. The provision will be made for it to be “federalized” in an emergency, as is the National Guard.”

“This is a concrete step toward eliminating the independent authority and dissolving the sovereignty of the several States. It lays the groundwork for the end of the United States as a Republic,” she adds.

Others warn that Obama could be preparing to cancel elections under the justification of a national emergency, a fear that was often expressed when Bush was in office but one that never materialized.

However, the executive order clearly represents another assault on Posse Comitatus, the 1878 law that bars the military from exercising domestic police powers, which was temporarily annulled by the 2006 John Warner National Defense Authorization Act before parts of it were later repealed.

 



Student arrested over “Nobama” sticker gets settlement

Student arrested over “Nobama” sticker gets settlement

Howard Pankratz
The Denver Post
January 7, 2010


Blake Benson showed up for a Michelle Obama speech at Dakota Ridge High School wearing a “Nobama” sticker on his shirt. (provided by ACLU)

A Dakota Ridge High School student who wore a “Nobama” sticker taped across the front of his shirt prior to an appearance by Michelle Obama will receive $4,000 from Jefferson County authorities, the ACLU of Colorado announced today.

The $4,000 settlement agreement with the Jefferson County Sheriff’s Department and the Jefferson County School District avoided a potential lawsuit, according to a news release from Taylor Pendergrass, ACLU staff attorney.

On Nov. 3, 2008, Blake Benson showed up outside the high school gym as others were lined up to enter the gym to hear Michelle Obama speak.

Benson was one of three students who chose to “stay and campaign” for Sen. John McCain at the school prior to the speech.

According to the ACLU, Dakota Ridge school officials told Benson to leave. When he refused, officials had Benson handcuffed, searched and arrested for interference — a charge that carries up to six months in jail and a $750 fine.

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