Filed under: 1984, 2-party system, 4th amendment, Barack Obama, Big Brother, bush = obama, civil liberties, civil rights, DOJ, FBI, George Bush, government crimes, left right paradigm, nanny state, obama, obama = bush, obama deception, orwell, Police State, search warrant, Surveillance, warrantless search, warrantless wiretap | Tags: obama fraud, obama lie
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.
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
Filed under: 4th amendment, 9/11, Big Brother, Dictatorship, Empire, Fascism, fusion centers, government crimes, Hegelian Dialectic, internet, NSA, Oppression, orwell, Police State, Problem Reaction Solution, US Constitution, War On Terror, warrantless wiretap
NSA Copying Internet Activity Worldwide
Filed under: 1984, 2-party system, ACLU, Barack Obama, Big Brother, civil liberties, civil rights, Control Grid, Dictatorship, DNA Database, domestic spying, Empire, Fascism, gitmo, human rights, john yoo, left right paradigm, nanny state, Nazi, obama, obama deception, Oppression, orwell, Patriot Act, prison industrial complex, Torture, warrantless wiretap
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.
Filed under: 1984, 9/11 Truth, Anti-War, Barack Obama, Big Brother, brownshirts, Censorship, CIA, climate change, climategate, cointelpro, Communism, Concentration Camp, conspiracy theories, corruption, CRU, Dictatorship, Dissent, Empire, end the fed, enemy combatant, Fairness Doctrine, False Flag, Fascism, FBI, FCC, FEMA, free speech, Global Warming, global warming hoax, government bureaucracy, government bureaucrat, government control, government crimes, Hadley CRU, hoover, Internet 2, internet censorship, internet police, JFK, journalism, Martial Law, MK ultra, MLK, nanny state, Nazi, New World Order, NWO, obama, obama czar, obama deception, Oliver North, orwell, Police State, political dissidents, progressive, Protest, provocateur, scandal, Sean Hannity, stasi, stasi tactics, Sunstein, Surveillance, tax, trilateral commission, truth movement, u.s. constutiton, warrantless wiretap, White House, ww1, WW2 | Tags: Alien and Sedition Acts, Church Committee
Obama Advisor: BAN Conspiracy Theories Against U.S. Government
Sunstein: Taxation and censorship of dissenting opinions “will have a place” under thought police program advocated in 2008 white paper
Paul Joseph Watson
Prison Planet.com
January 14, 2010
The controversy surrounding White House information czar and Harvard Professor Cass Sunstein’s blueprint for the government to infiltrate political activist groups has deepened, with the revelation that in the same 2008 dossier he also called for the government to tax or even ban outright political opinions of which it disapproved.
Sunstein was appointed by President Obama to head up the Office of Information and Regulatory Affairs, an agency within the Executive Office of the President.
On page 14 of Sunstein’s January 2008 white paper entitled “Conspiracy Theories,” the man who is now Obama’s head of information technology in the White House proposed that each of the following measures “will have a place under imaginable conditions” according to the strategy detailed in the essay.
- 1) Government might ban conspiracy theorizing.
2) Government might impose some kind of tax, financial or otherwise, on those who disseminate such theories.
That’s right, Obama’s information czar wants to tax or ban outright, as in make illegal, political opinions that the government doesn’t approve of. To where would this be extended? A tax or a shut down order on newspapers that print stories critical of our illustrious leaders?
And what does Sunstein define as “conspiracy theories” that should potentially be taxed or outlawed by the government? Opinions held by the majority of Americans, no less.
The notion that Lee Harvey Oswald did not act alone in killing JFK, a view shared by the vast majority of Americans in every major poll over the last ten years, is an example of a “conspiracy theory” that the federal government should consider censoring, according to Sunstein.
A 1998 CBS poll found that just 10 per cent of Americans believed that Oswald acted alone, so apparently the other 90 per cent of Americans could be committing some form of thought crime by thinking otherwise under Sunstein’s definition.
Sunstein also cites the belief that “global warming is a deliberate fraud” as another marginal conspiracy theory to be countered by government action. In reality, the majority of Americans now believe that the man-made explanation of global warming is not true, and that global warming is natural, according to the latest polls.
But Sunstein saves his most ludicrous example until last. On page 5 he characterizes as “false and dangerous” the idea that exposure to sunlight is healthy, despite the fact that top medical experts agree prolonged exposure to sunlight reduces the risk of developing certain cancers.
To claim that encouraging people to get out in the sun is to peddle a dangerous conspiracy theory is like saying that promoting the breathing of fresh air is also a thought crime. One can only presume that Sunstein is deliberately framing the debate by going to such absurd extremes so as to make any belief whatsoever into a conspiracy theory unless it’s specifically approved by the kind of government thought police system he is pushing for.
Despite highlighting the fact that repressive societies go hand in hand with an increase in “conspiracy theories,” Sunstein’s ’solution’ to stamp out such thought crimes is to ban free speech, fulfilling the precise characteristic of the “repressive society” he warns against elsewhere in the paper.
“We could imagine circumstances in which a conspiracy theory became so pervasive, and so dangerous, that censorship would be thinkable,” he writes on page 20. Remember that Sunstein is not just talking about censoring Holocaust denial or anything that’s even debatable in the context of free speech, he’s talking about widely accepted beliefs shared by the majority of Americans but ones viewed as distasteful by the government, which would seek to either marginalize by means of taxation or outright censor such views.
No surprise therefore that Sunstein has called for re-writing the First Amendment as well as advocating Internet censorship and even proposing that Americans should celebrate tax day and be thankful that the state takes a huge chunk of their income.
The government has made it clear that growing suspicion towards authority is a direct threat to their political agenda and indeed Sunstein admits this on page 3 of his paper.
That is why they are now engaging in full on information warfare in an effort to undermine, disrupt and eventually outlaw organized peaceful resistance to their growing tyranny.
Sunstein’s Paper Provides More Evidence COLINTELPRO Still Operational
Kurt Nimmo
Prison Planet.com
January 14, 2009
Cass Sunstein’s white paper, entitled “Conspiracy Theories,” is an exclamation point in the latest chapter of a long history of government tyranny against citizens who organize in opposition to the government. Sunstein argues that individuals and groups deviating from the official government narrative on a number of political issues and events are a national security threat. The administrator of the White House Office of Information and Regulatory Affairs formulates “a plan for the government to infiltrate conspiracy groups in order to undermine them via postings on chat rooms and social networks, as well as real meetings, according to a recently uncovered article Sunstein wrote for the Journal of Political Philosophy,” writes Paul Joseph Watson.
![]() FDR, an icon for many liberals, sent the FBI after citizens who opposed his war policies. |
Sunstein’s plan is a reformulation of a long-standing effort to subvert the First Amendment and the Bill of Rights. Concerted government attacks against organized political opposition began soon after the founding of the republic — specifically with the passage of the Alien and Sedition Acts in 1798 by the Federalists — but have gained critical momentum in the modern era.
During the First World War, the government created the Bureau of Investigation, predecessor to the Federal Bureau of Investigation, and appointed J. Edgar Hoover as its head. Hoover’s Bureau of Investigation, with the assistance of police and the military — described as a “citizens auxiliary” — conducted mass raids against the anti-war movement of the time, according to documents released by the Church Committee in the 1970s. The Bureau, specifically designed as a national political police force, “rounded up some 50,000 men without warrants of sufficient probable cause for arrest” for the crime of opposing the First World War.
In 1920, Attorney General A. Mitchell Palmer conducted a massive program in 33 cities and rounded up over 10,000 people. The Church Committee report (p.384) talks of “the abuses of due process of law incident to the raids.” According to Robert Preston (Aliens And Dissenters), the Palmer Raids involved “indiscriminate arrests of the innocent with the guilty, unlawful seizures by federal detectives” and other violations of constitutional rights. The Church Committee (p.385) “found federal agents guilty of using third-degree tortures, making illegal searches and arrests, using agents provocateurs.” Palmer and Hoover found no evidence of a proposed Bolshevik revolution as they claimed but a large number of the rounded up suspects continued to be held without trial.
The Second World War brought a new wave of government terrorism against political opponents. President Franklin D. Roosevelt in a 1940 issued a memorandum giving the FBI the power to use warrantless wiretaps against suspected subversives, that is to say activists opposed to U.S. involvement in the war. FDR not only unleashed the FBI on activists, but concerned citizens as well. After giving a speech on national defense in 1940, FDR had his press secretary, Stephen Early, send Hoover the names of 128 people who had sent telegrams to the White House criticizing the address. “The President thought you might like to look them over,” Early’s note instructed Hoover.
Following the Second World War, the government engineered the immensely profitable (for the military-industrial complex) Cold War and the attendant Red Scare. In 1956, the FBI established COINTELPRO, short for Counter Intelligence Program. COINTELPRO was ostensibly manufactured to counter communist subversion, but as a numerous documents reveal the program focused almost exclusively on domestic opposition to government policies.
The Church Committee explains that COINTELPRO “had no conceivable rational relationship to either national security or violent activity. The unexpressed major premise of much of COINTELPRO is that the Bureau has a role in maintaining the existing social order, and that its efforts should be aimed toward combating those who threaten that order.”
“This is a rough, tough, dirty business, and dangerous,” former Assistant to Director Hoover, William C. Sullivan, told the Church Committee. “No holds were barred.”
This “rough, tough, dirty business” included infiltration of political groups, psychological warfare, legal harassment, and extralegal force and violence. “The FBI and police threatened, instigated and conducted break-ins, vandalism, assaults, and beatings. The object was to frighten dissidents and disrupt their movements,” write Mike Cassidy and Will Miller. “They used secret and systematic methods of fraud and force, far beyond mere surveillance, to sabotage constitutionally protected political activity. The purpose of the program was, in FBI Director J. Edgar Hoover’s own words, to ‘expose, disrupt, misdirect, discredit and otherwise neutralize’ specific groups and individuals.”
After the Church Committee exposed COINTELPRO, the government claimed it had dismantled the program. However, in the 1980s, the Reagan administration legalized the tactics by signing Executive Order 12333.
“There is every reason to believe that even what was not legalized is still going on as well. Lest we forget, Lt. Col. Oliver North funded and orchestrated from the White House basement break-ins and other ‘dirty tricks’ to defeat congressional critics of U.S. policy in Central America and to neutralize grassroots protest. Special Prosecutor Walsh found evidence that North and Richard Secord (architect of the 1960s covert actions in Cambodia) used Iran-Contra funds to harass the Christic Institute, a church-funded public interest group specializing in exposing government misconduct,” Cassidy and Miller continue.
In addition, North worked with FEMA to develop contingency plans for suspending the Constitution, establishing martial law, and holding political dissidents in concentration camps. Since the false flag attacks of September 11, 2001, the government has worked incessantly to fine tune plans to impose martial law. It has also worked to federalize and militarized law enforcement around the country.
Brian Glick (War at Home) argues that COINTELPRO is a permanent feature of the government. “The record of the past 50 years reveals a pattern of continuous domestic covert action,” Glick wrote in the 1990s. “Its use has been documented in each of the last nine administrations, Democratic as well as Republican. FBI testimony shows ‘COINTELPRO tactics’ already in full swing during the presidencies of Democrats Franklin Delano Roosevelt and Harry Truman. COINTELPRO itself, while initiated under Eisenhower, grew from one program to six under the Democratic administrations of Kennedy and Johnson… After COINTELPRO was exposed [by the Church Committee], similar programs continued under other names during the Carter years as well as under Nixon, Ford, and Reagan. They have outlived J. Edgar Hoover and remained in place under all of his successors.”
Sunstein’s call for authoritarian action against government critics — including outright censorship in addition to the established tactics mentioned above — reveals that COINTELPRO has indeed outlived Hoover.
“Some conspiracy theories create serious risks. They do not merely undermine democratic debate; in extreme cases, they create or fuel violence,” writes Sunstein. “Even if only a small fraction of adherents to a particular conspiracy theory act on the basis of their beliefs, that small fraction may be enough to cause serious harms.”
Sunstein’s analysis dovetails with that of the Department of Homeland Security. In its now infamous report on “rightwing extremism,” the DHS insists members of the constitutionalist movement (including Libertarians and advocates of the Second Amendment) are not only violent but also virulent racists (a conclusion provided pre-packaged by the ADL and the SPLC).
If realized, Cass Sunstein’s call for outright censorship and the absurd proposal to impose fines and taxes on people who hold political views contrary to those of our rulers will naturally result in a redoubling of political activity on the part of the truth movement (specifically mentioned as “kooks” by Sunstein) and Libertarians and Constitutionalists.
As history repeatedly demonstrates, when faced with a strong and determined political opposition government invariably turns to more brutal and violent methods to enforce its will. Our rulers understand this and that is why they are hurriedly finishing their high-tech police and surveillance grid.
Filed under: 1st amendment, 2-party system, 4th amendment, 9/11, Barack Obama, benjamin franklin, big government, bill of rights, DHS, free speech, George Bush, government bureaucracy, government bureaucrat, government control, government regulation, government regulations, government takeover, Habeas Corpus, Homeland Security, left right paradigm, obama, Oppression, patriot movement, Posse Comitatus, Surveillance, truth movement, u.s. constitution, War On Terror, warrantless search, warrantless wiretap, White House | Tags: make mine liberty
Americans gave up liberty for homeland security
This educational video made in 1948 should remind us all how America has lost so much freedom since 9/11 when the American people believed the government that Alqaeda hates our liberties and that we should let them wiretap without a warrant and violate your privacy for the good of the homeland and that we must wage expensive wars or the terrorists might hit us again. Benjamin Franklin once said “If you give up your liberty for a bit of security, then you deserve to lose both”. Watch the video:
Filed under: 1984, 2-party system, 4th amendment, ACLU, amnesty, AT&T, Barack Obama, Big Brother, bush = obama, CIA, civil liberties, civil rights, Congress, DHS, domeestic terrorism, domestic terror, EFF, FBI, federal crimes, FOIA, George Bush, government bureaucrat, government control, government takeover, Homeland Security, immunity, left right paradigm, Military, neocons, Neolibs, NSA, obama, obama = bush, obama deception, orwell, Patriot Act, privacy rights, roving wiretaps, Russ Feingold, Senate, Sprint, Spy, Surveillance, telecoms, us constituion, US Constitution, verison, War On Terror, warrantless search, warrantless wiretap, White House
Dem-controlled Senate Judiciary Committee extends PATRIOT Act provisions
Capitol Hill Blue
October 9, 2009
Key US lawmakers passed legislation Thursday extending three key provisions of the PATRIOT Act, the sweeping intelligence bill enacted after the September 11, 2001 attacks.
Backing a White House request, the Senate Judiciary Committee passed the measure 11 votes to 8 to extend until 2013 three clauses that would have expired by 31 December. The bill now heads to the full Senate for a vote.
The provisions include the “roving wiretap” clause, used to monitor mobile communications of individuals using multiple telephone lines, and the “lone-wolf” provision, which enables spying on individuals suspected of terrorist activity but with no obvious connection to extremist groups.
Lawmakers also extended the life of controversial section 215, known as the “library records provision” that allows government agencies to access individual’s library history.
The committee had earlier met in a closed-door meeting with members of the Federal Bureau of Investigation and the intelligence community on ensuring their actions would not impede investigations already underway.
The senators also debated freeing up law enforcement actions that have been hampered by legislation and court rulings since the first program was launched by former president George W. Bush in the wake of 9/11, which enabled collecting sensitive information for years without a court order.
Republicans senators have remained critical of placing restrictions on the intelligence community, saying they should more of a free hand in the early stages of investigations.
But their Democratic counterparts have decried the fact that the provisions still do not in their view adequately respect the privacy of ordinary Americans.
Democratic Senator Russ Feingold said he feared handing a “blank check” to law enforcement agencies and criticized the Democrat-controlled committee for not passing safeguards that even Republicans supported during the Bush administration.
“Among the most significant problems is the failure to include an improved standard for Section 215 orders, even though a Republican controlled Judiciary Committee unanimously supported including the same standard in 2005,” he said in a media advisory.
“But what was most upsetting was the apparent willingness of too many members to defer completely to behind the scenes complaints from the FBI and the Justice Department, even though the administration has yet to take a public position on any of the improvements that I and other senators have proposed. … [While] I am left scratching my head trying to understand how a committee controlled by a wide Democratic margin could support the bill it approved today, I will continue to work with my colleagues to try to make improvements to this bill.”
Michael Macleod-Ball, acting director of the American Civil Liberties Union’s Washington legislative office said the rights group was “disappointed” that further moves were not made to protect civil liberties.
“This truly was a missed opportunity for the Senate Judiciary Committee to right the wrongs of the PATRIOT Act,” he said.
“We urge the Senate to adopt amendments on the floor that will bring this bill in line with the Constitution.”
Filed under: 1984, 2-party system, 4th amendment, amnesty, AT&T, Barack Obama, Big Brother, bush = obama, CIA, civil liberties, civil rights, Congress, DHS, domeestic terrorism, domestic terror, EFF, federal crimes, FOIA, George Bush, government bureaucrat, government control, government takeover, Homeland Security, immunity, left right paradigm, Military, neocons, Neolibs, NSA, obama, obama = bush, obama deception, orwell, Patriot Act, privacy rights, roving wiretaps, Senate, Sprint, Spy, Surveillance, telecoms, us constituion, US Constitution, verison, War On Terror, warrantless search, warrantless wiretap
Telephone Companies Are An Arm Of Government Admits DOJ
Wired News
October 9, 2009
![]() AT&T was the first of many telcos sued for helping the NSA spy on Americans without warrants |
The Department of Justice has finally admitted it in court papers: the nation’s telecom companies are an arm of the government — at least when it comes to secret spying.
Fortunately, a judge says that relationship isn’t enough to squash a rights group’s open records request for communications between the nation’s telecoms and the feds.
The Electronic Frontier Foundation wanted to see what role telecom lobbying of Justice Department played when the government began its year-long, and ultimately successful, push to win retroactive immunity for AT&T and others being sued for unlawfully spying on American citizens.
The feds argued that the documents showing consultation over the controversial telecom immunity proposal weren’t subject to the Freedom of Information Act since they were protected as “intra-agency” records:
“The communications between the agencies and telecommunications companies regarding the immunity provisions of the proposed legislation have been regarded as intra-agency because the government and the companies have a common interest in the defense of the pending litigation and the communications regarding the immunity provisions concerned that common interest.”
U.S. District Court Judge Jeffery White disagreed and ruled on September 24 that the feds had to release the names of the telecom employees that contacted the Justice Department and the White House to lobby for a get-out-of-court-free card.
“Here, the telecommunications companies communicated with the government to ensure that Congress would pass legislation to grant them immunity from legal liability for their participation in the surveillance,” White wrote. “Those documents are not protected from disclosure because the companies communicated with the government agencies “with their own … interests in mind,” rather than the agency’s interests.”
The feds were supposed to make the documents available Friday, but in a motion late Thursday, the Obama administration is asking for a 30-day emergency stay (.pdf) so it can file a further appeal.
Filed under: 2-party system, 4th amendment, Barack Obama, bush = obama, CIA, civil liberties, civil rights, Congress, Detainee, Detainees, detention, DOJ, domeestic terrorism, domestic terror, Extraordinary Rendition, federal crimes, FISA, forced detention, George Bush, Guantanamo, Habeas Corpus, left right paradigm, mandatory detention, Marines, Military, military commissions act, Military Industrial Complex, neocons, Neolibs, NSA, obama, obama = bush, obama deception, Patriot Act, preventative detention, quantanamo, rendition, roving wiretaps, Senate, soldiers, Torture, Troops, US Constitution, USMC, war crime, War Crimes, War On Terror, warrantless search, warrantless wiretap
Obama will bypass Congress to detain suspects indefinitely
John Byrne
Raw Story
September 24, 2009
President Barack Obama has quietly decided to bypass Congress and allow the indefinite detention of terrorist suspects without charges.
The move, which was controversial when the idea was first floated in The Washington Post in May, has sparked serious concern among civil liberties advocates. Such a decision allows the president to unilaterally hold “combatants” without habeas corpus — a legal term literally meaning “you shall have the body” — which forces prosecutors to charge a suspect with a crime to justify the suspect’s detention.
Obama’s decision was buried on page A 23 of The New York Times’ New York edition on Thursday. It didn’t appear on that page in the national edition. (Meanwhile, the front page was graced with the story, “Richest Russian’s Newest Toy: An N.B.A. Team.”)
Rather than seek approval from Congress to hold some 50 Guantanamo detainees indefinitely, the administration has decided that it has the authority to hold the prisoners under broad-ranging legislation passed in the wake of Sept. 11, 2001. Former President George W. Bush frequently invoked this legislation as the justification for controversial legal actions — including the NSA’s warrantless wiretapping program.
“The administration will continue to hold the detainees without bringing them to trial based on the power it says it has under the Congressional resolution passed after the attacks of Sept. 11, 2001, authorizing the president to use force against forces of Al Qaeda and the Taliban,” the Times‘ Peter Baker writes. “In concluding that it does not need specific permission from Congress to hold detainees without charges, the Obama administration is adopting one of the arguments advanced by the Bush administration in years of debates about detention policies.”
Constitutional scholar and Salon.com columnist Glenn Greenwald discussed the policy in a column in May. He warned that the ability for a president to “preventively” detain suspects could mushroom into broader, potentially abusive activity.
“It does not merely allow the U.S. Government to imprison people alleged to have committed Terrorist acts yet who are unable to be convicted in a civilian court proceeding,” Greenwald wrote. “That class is merely a subset, perhaps a small subset, of who the Government can detain. Far more significant, ‘preventive detention’ allows indefinite imprisonment not based on proven crimes or past violations of law, but of those deemed generally ‘dangerous’ by the Government for various reasons (such as, as Obama put it yesterday, they ‘expressed their allegiance to Osama bin Laden’ or ‘otherwise made it clear that they want to kill Americans’). That’s what ‘preventive’ means: imprisoning people because the Government claims they are likely to engage in violent acts in the future because they are alleged to be ‘combatants.’”
“Once known, the details of the proposal could — and likely will — make this even more extreme by extending the ‘preventive detention’ power beyond a handful of Guantanamo detainees to anyone, anywhere in the world, alleged to be a ‘combatant,’” Greenwald continues. “After all, once you accept the rationale on which this proposal is based — namely, that the U.S. Government must, in order to keep us safe, preventively detain “dangerous” people even when they can’t prove they violated any laws — there’s no coherent reason whatsoever to limit that power to people already at Guantanamo, as opposed to indefinitely imprisoning with no trials all allegedly ‘dangerous’ combatants, whether located in Pakistan, Thailand, Indonesia, Western countries and even the U.S.”
The Obama Administration appears to have embraced “preventive detention” in part because of problems with how Guantanamo prisoners’ cases — and incarceration — were handled under President Bush. Military prosecutors have said that numerous cases could not be brought successfully in civilian courts because evidence was obtained in ways that wouldn’t be admissible on US soil. The Bush Administration originally sought to try numerous detainees in military tribunals, but the Supreme Court ruled that at least some have the rights to challenge their detention in US courts.
Baker notes that Obama’s decision to hold suspects without charges doesn’t propose as broad an executive authority claimed by President Bush.
“Obama’s advisers are not embracing the more disputed Bush contention that the president has inherent power under the Constitution to detain terrorism suspects indefinitely regardless of Congress,” Baker writes.
In a statement to Baker, the Justice Department said, “The administration would rely on authority already provided by Congress [and] is not currently seeking additional authorization.”
“The position conveyed by the Justice Department in the meeting last week broke no new ground and was entirely consistent with information previously provided by the Justice Department to the Senate Armed Services Committee,” the statement added.
Roughly 50 detainees of the more than 200 still held at the US prison at Guantanamo Bay, Cuba are thought to be affected by the decision.
Filed under: 1984, 2-party system, 4th amendment, amnesty, AT&T, Barack Obama, Big Brother, bush = obama, CIA, civil liberties, civil rights, Congress, Detainees, DHS, domeestic terrorism, domestic terror, Extraordinary Rendition, federal crimes, FISA, forced detention, George Bush, Habeas Corpus, Homeland Security, HR 6166, left right paradigm, mandatory detention, Military, military commissions act, neocons, Neolibs, NSA, obama, obama = bush, obama deception, orwell, Patriot Act, preventative detention, quantanamo, rendition, roving wiretaps, Senate, Sprint, Spy, Surveillance, telecoms, Torture, US Constitution, verison, War On Terror, warrantless search, warrantless wiretap | Tags: obama = bush
Obama Pushes For Renewal of Warrantless Spying
Paul Joseph Watson
Prison Planet.com
September 16, 2009
President Barack Obama has once again betrayed his promise to restore liberties eviscerated by the Bush regime by pushing Congress to renew Patriot Act provisions that allow for warrantless spying on American citizens, even in cases where there is no link to terrorism whatsoever.
According to a Wired News report, the “Obama administration has told Congress it supports renewing three provisions of the Patriot Act due to expire at year’s end, measures making it easier for the government to spy within the United States.”
Obama’s support for the provisions should come as little surprise because he first voted for warrantless wiretapping of Americans in 2008 when he was an Illinois Senator, while also lending support for immunizing the nation’s telecommunications companies from lawsuits charging them with being complicit in the Bush administration’s wiretapping program.
One of the provisions Obama is pushing to renew is the so-called “lone wolf” provision, enacted in 2004, which allows for the electronic monitoring of an individual without the government having to prove that the case has any relation whatsoever to terrorism or a foreign power. This is in effect a carte blanche for the government to use every method at their disposal to spy on any American citizen they choose.
The “lone wolf” provision is opposed by the ACLU, whose legislative counsel Michelle Richardson told Wired, “The justification for FISA and these lower standards and letting it operate in secret was all about terrorist groups and foreign governments, that they posed a unique threat other than the normal criminal element. This lone wolf provision undercuts that justification.”
Another Patriot Act provision Obama wants Congress to renew gives the government access to business, library and medical records, with the authorities generally having to prove that the investigation is terrorism related. However, since according to Homeland Security guidelines the new breed of terrorist is classified as someone who supports a third party, puts a political bumper sticker on their car, is part of the alternative media, or merely someone who disagrees with the authorities’ official version of events on any given issue, the scope for the government to use this power against their political adversaries is wide open.
The third provision Obama is pushing to renew allows a FISA court to grant “roving wiretaps” without the government having to even identify their target. This is another carte blanche power that gives the state the power to monitor telephone calls, e mails and any other form of electronic communication.
Barack Obama swept into office on a mandate of “change” and a commitment to restore liberties that were eviscerated under the Bush regime. Despite promising to do so, he has failed completely to overturn Bush signing statements and executive orders that, according to Obama, “trampled on liberties.” Indeed, despite promising to end the use of signing statements, he has continued to use them.
Obama has failed to close Guantanamo Bay or any other CIA torture “black site” as he promised to do.
Obama has failed in his promise to “reject the Military Commissions Act” and instead has supported the use of military commissions.
Obama has continued to allow the rendition and torture of detainees, while protecting Bush administration officials who ordered torture from prosecution and blocking the release of evidence related to torture.
Obama has gone even further than the Bush administration in introducing “preventative detention” of detainees, ensuring people will never get a trial.
In restating his support for warrantless wiretapping of American citizens, Obama has once again proven that his promise of “change” was nothing more than a hollow and deceptive political platitude to ensure his election. Since he took office, Obama has betrayed almost every promise he made and effectively become nothing more than the third term of the Bush administration.
Filed under: 1984, 1st amendment, 2-party system, 9/11 Truth, activists, Afghanistan, Air Force, Anti-War, army, Barack Obama, Big Brother, CIA, civil disobedience, co-intel pro, Dick Cheney, Dictatorship, Dissent, domestic terror, domestic terrorism, Empire, Fascism, free speech, George Bush, Iraq, left right paradigm, Military, nation building, Nazi, neocons, Neolibs, obama, occupation, Oppression, orwell, Police State, Posse Comitatus, Protest, Provocateurs, stasi, stasi tactics, Surveillance, Troops, u.s. military, US Constitution, War On Terror, warrantless surveillance, warrantless wiretap, washington | Tags: Foreign Intelligence Surveillance Act of 1978, Fort Lewis Army Base, glenn spagnuolo, John J. Towery II, John Jacob, kenneth sanchez, olympia, olympia police, PMR, Port Militarization Resistance, SDS, Students for a Democratic Society
Army Caught Spying on Anti-War Activists
Filed under: 1984, 1st amendment, 2-party system, bailouts, Barack Obama, Big Brother, cap-and-trade, Carbon Tax, civil liberties, civil rights, Conditioning, corporatism, Credit Crisis, DEBT, deflation, DHS, Dictatorship, Dissent, Dollar, domestic terror, domestic terrorism, Economic Collapse, economic depression, Economy, Empire, environmental taxation, Fascism, Federal Reserve, free speech, George Bush, global economy, global elite, global government, global tax, Great Depression, Greenback, Homeland Security, hyperinflation, Inflation, iris scan, left right paradigm, Martial Law, Military, Military Industrial Complex, nanny state, neocons, Neolibs, New World Order, NSA, NWO, obama, Oppression, orwell, Police State, Posse Comitatus, Propaganda, Protest, rate cut, Stock Market, tent city, US Economy, Wall Street, War On Terror, warrantless wiretap, world tax
Instigated Uprising Leading To Martial Law
Filed under: 1984, 1st amendment, 2-party system, 9/11 Truth, activists, Air Force, Anti-War, army, Barack Obama, Big Brother, CIA, civil disobedience, co-intel pro, coast guard, Dick Cheney, Dictatorship, Dissent, Empire, Fascism, free speech, George Bush, left right paradigm, Military, Nazi, neocons, Neolibs, obama, Oppression, orwell, Police State, Posse Comitatus, Protest, Provocateurs, stasi, stasi tactics, Surveillance, Torture, Troops, u.s. military, US Constitution, warrantless surveillance, warrantless wiretap, washington | Tags: confrontation, death camp, detention camp, Foreign Intelligence Surveillance Act of 1978, Fort Lewis Army Base, glenn spagnuolo, John J. Towery II, John Jacob, kenneth sanchez, olympia, olympia police, plan of san diego, PMR, Port Militarization Resistance, re-create 68, Recreate 68, SDS, Students for a Democratic Society, the case for internment, Yippie Pie Man
Obama’s Military Is Spying on U.S. Activists
Amy Goodman
Common Dreams
July 29. 2009
Anti-war activists in Olympia, Wash., have exposed Army spying and infiltration of their groups, as well as intelligence gathering by the Air Force, the federal Capitol Police and the Coast Guard.
The infiltration appears to be in direct violation of the Posse Comitatus Act preventing U.S. military deployment for domestic law enforcement and may strengthen congressional demands for a full-scale investigation of U.S. intelligence activities, like the Church Committee hearings of the 1970s.
Brendan Maslauskas Dunn asked the city of Olympia for documents or e-mails about communications between the Olympia police and the military relating to anarchists, Students for a Democratic Society (SDS) or the Industrial Workers of the World (Dunn’s union). Dunn received hundreds of documents. One e-mail contained reference to a “John J. Towery II,” who activists discovered was the same person as their fellow activist “John Jacob.”
Dunn told me: “John Jacob was actually a close friend of mine, so this week has been pretty difficult for me. He said he was an anarchist. He was really interested in SDS. He got involved with Port Militarization Resistance (PMR), with Iraq Vets Against the War. He was a kind person. He was a generous person. So it was really just a shock for me.”
“Jacob” told the activists he was a civilian employed at Fort Lewis Army Base and would share information about base activities that could help the PMR organize rallies and protests against public ports being used for troop and Stryker military vehicle deployment to Iraq and Afghanistan. Since 2006, PMR activists have occasionally engaged in civil disobedience, blocking access to the port.
Larry Hildes, an attorney representing Washington activists, says the U.S. attorney prosecuting the cases against them, Brian Kipnis, specifically instructed the Army not to hand over any information about its intelligence-gathering activities, despite a court order to do so.
Which is why Dunn’s request to Olympia and the documents he obtained are so important.
The military is supposed to be barred from deploying on U.S. soil, or from spying on citizens. Christopher Pyle, now a professor of politics at Mount Holyoke College, was a military intelligence officer. He recalled: “In the 1960s, Army intelligence had 1,500 plainclothes agents [and some would watch] every demonstration of 20 people or more. They had a giant warehouse in Baltimore full of information on the law-abiding activities of American citizens, mainly protest politics.” Pyle later investigated the spying for two congressional committees: “As a result of those investigations, the entire U.S. Army Intelligence Command was abolished, and all of its files were burned. Then the Senate Intelligence Committee wrote the Foreign Intelligence Surveillance Act of 1978 to stop the warrantless surveillance of electronic communications.”
Reps. Barbara Lee, D-Calif., Rush Holt, D-N.J., and others are pushing for a new, comprehensive investigation of all U.S. intelligence activities, of the scale of the Church Committee hearings, which exposed widespread spying on and disruption of legal domestic groups, attempts at assassination of foreign heads of state, and more.
Demands mount for information on and accountability for Vice President Dick Cheney’s alleged secret assassination squad, President George W. Bush’s warrantless wiretapping program, and the CIA’s alleged misleading of Congress. But the spying in Olympia occurred well into the Obama administration (and may continue today). President Barack Obama supports retroactive immunity for telecom companies involved in the wiretapping, and has maintained Bush-era reliance on the state secrets privilege. Lee and Holt should take the information uncovered by Brendan Dunn and the Olympia activists and get the investigations started now.
Filed under: 4th amendment, Barack Obama, Big Brother, CIA, Control Grid, Detainees, Dick Cheney, Dictatorship, Extraordinary Rendition, FISA, George Bush, Habeas Corpus, Homeland Security, Military, NSA, obama, Oppression, Pakistan, right to privacy, Torture, US Constitution, us military, War On Terror, warrantless search, warrantless wiretap
Fein: Obama Has Gone Beyond Bush/Cheney
Filed under: 1984, 4th amendment, Big Brother, Control Grid, data mining, DHS, DNI, FCC, George Bush, Homeland Security, internet, michael chertoff, Mike McConnell, Military, neocons, NSA, orwell, Russia, Surveillance, telecoms, US Constitution, War On Terror, warrantless search, warrantless wiretap | Tags: Computer Emergency Readiness Team, cyber security, Director of National Intelligence, einstein program, FY2009, IP, PINWALE, PINWHEEL, project einstein, SIGINT, signals intelligence, US-CERT
’Einstein’ Program: The All-seeing eye of internet activity
Wayne Madsen
Online Journal
September 19, 2008
WMR has learned from government sources that the Bush administration has authorized massive surveillance of the Internet using as cover a cyber-security multi-billion dollar project called the “Einstein” program.
Billed as a cyber-security intrusion detection system for federal computer systems and networks, WMR has been told that the actual intent of Einstein is to initially monitor the email and web surfing activities of federal employees and contractors and not in protecting government computer systems from intrusion by outsiders.
In February 2008, President Bush signed a directive that designated the National Security Agency (NSA) as the central administrator for the federal government’s computer and network security.
Although Einstein is primarily a program under the aegis of the Computer Emergency Readiness Team (US-CERT) of the National Cyber Security Division of the Homeland Security Department, WMR has learned that it has the personal support of Director of National Intelligence (DNI) Mike McConnell, a former NSA director. Einstein is advertised as merely conducting traffic analysis within the dot (.) gov and dot (.) mil domains, including data packet lengths, protocols, source and destination IP addresses, source and destination ports, time stamp information, and autonomous system numbers. However, WMR has learned that Einstein will also bore down into the text of email and analyze message content. In fact, most of the classified budget allotted to Einstein is being used for collecting information from the text of messages and not the header data.
In fact, WMR has learned that most of the classified technology being used for Einstein was developed for the NSA in conducting signals intelligence (SIGINT) operations on email networks in Russia. Code-named PINWHEEL, the NSA email surveillance system targets Russian government, military, diplomatic, and commercial email traffic and burrows into the text portions of the email to search for particular words and phrases of interest to NSA eavesdroppers. According to NSA documents obtained by WMR, there is an NSA system code-named ”PINWALE.”
The DNI and NSA also plan to move Einstein into the private sector by claiming the nation’s critical infrastructure, by nature, overlaps into the commercial sector. There are classified plans, already budgeted in so-called “black” projects, to extend Einstein surveillance into the dot (.) com, dot (.) edu, dot (.) int, and dot (.) org, as well as other Internet domains. Homeland Security Secretary Michael Chertoff has budgeted $5.4 billion for Einstein in his department’s FY2009 information technology budget. However, this amount does not take into account the “black” budgets for Einstein proliferation throughout the U.S. telecommunications network contained in the budgets for NSA and DNI.
In anticipation of the regulatory problems inherent in domestic email surveillance by the NSA, the Bush administration has ensured that the Federal Communications Commission (FCC) and industry associations have been stacked with pro-surveillance loyalists to ensure that Einstein is widely accepted and implemented.
Filed under: 9/11, 9/11 commission, 9/11 commission report, 9/11 Explosions, 9/11 Eyewitness, 9/11 Firefighters, 9/11 hijackers, 9/11 Mysteries, 9/11 planes, 9/11 survivors, 9/11 Truth, 9/11 wargames, 9/11 whistleblowers, 9/11 workers, Able Danger, Afghanistan, Air Force, air force one, al-qaeda, Alabama, alaska, Alex Jones, anthrax, army, ATF, barry jennings, BBC, BBC foreknowledge, biden, Big Brother, Bill Clinton, bin laden, Bush Sr., California, Canada, carlyle group, CIA, Colin Powell, Condoleezza Rice, Congress, Continuity of Government, Controlled Demolition, Cynthia McKinney, DEA, Dennis Kucinich, Department of Defense, Department of justice, DHS, Dick Cheney, Dictatorship, DoD, Donald Rumsfeld, double agent, Echelon, Empire, EPA, False Flag, FBI, federal crime, Flight 93, florida, Fort Detrick, George Bush, george h. w. bush, Ground Zero, Homeland Security, House, INS, inside job, IRS, ISI, Israel, jerusalem, jihadist, joe biden, lee hamilton, Loose Change, Luke Rudkowski, marine, Martial Law, Media, michael chertoff, middle east, Military, mineta, Mineta Testemony, mohammed atta, money fraud, money laundering, Mossad, Mystery Plane, nation building, navy, New York, NIST, NORAD, NSA, occupation, Pakistan, Patriot Act, Pentagon, Philip Zelikow, Propaganda, Psyops, Richard Armitage, Saudi Arabia, SEC, secret service, Senate, sibel edmonds, special forces, Spy, State Sponsored Terrorism, sudan, Surveillance, Taliban, telecoms, Texas, thomas kean, Turkey, visa, War Crimes, war games, War On Terror, warrantless search, warrantless wiretap, Washington D.C., We Are Change, White House, World Trade Center, Zionism | Tags: Cipro, converse infosys, defense language institute, department of energy, dr. philip zack, flight 23, flight 75, flight 77, jason bermas, jay michael springman, john o' neill, Khalid Amadar, khalid sheikh mohammed, khalil bin laden, Lt. Col. Philip Zack, Max Cleland, maxwell airforce base, michael hess, michael springmann, National Recognisance Office, Nawaf al-Hazmi, nro, oem, omar bin laden, pensicola, philip zack, Robert Wright, saeed alghamdi, shafiq bin laden, terrorist funding, tony shaffer, TS/SCI, vigilant guardian, vigilant warrior, vulgar betrayal, Waleed al-Shehri, Yassin Kadi
Fabled Enemies (the movie)
Filed under: 4th amendment, al-qaeda, Congress, Detainee, Dictatorship, Empire, Extraordinary Rendition, FBI, George Bush, Guantanamo, House, Iraq, John McCain, Military, nation building, Nazi, neocons, NSA, occupation, Oppression, Posse Comitatus, rendition, Senate, telecoms, Torture, US Constitution, War On Terror, warrantless search, warrantless wiretap | Tags: Jose Padilla
Bush quietly seeks to make war powers permanent, by declaring indefinite state of war
Raw Story
August 30, 2008
As the nation focuses on Sen. John McCain’s choice of running mate, President Bush has quietly moved to expand the reach of presidential power by ensuring that America remains in a state of permanent war.
Buried in a recent proposal by the Administration is a sentence that has received scant attention — and was buried itself in the very newspaper that exposed it Saturday. It is an affirmation that the United States remains at war with al Qaeda, the Taliban and “associated organizations.”
Part of a proposal for Guantanamo Bay legal detainees, the provision before Congress seeks to “acknowledge again and explicitly that this nation remains engaged in an armed conflict with Al Qaeda, the Taliban, and associated organizations, who have already proclaimed themselves at war with us and who are dedicated to the slaughter of Americans.”
The New York Times’ page 8 placement of the article in its Saturday edition seems to downplay its importance. Such a re-affirmation of war carries broad legal implications that could imperil Americans’ civil liberties and the rights of foreign nationals for decades to come.
It was under the guise of war that President Bush claimed a legal mandate for his warrantless wiretapping program, giving the National Security Agency power to intercept calls Americans made abroad. More of this program has emerged in recent years, and it includes the surveillance of Americans’ information and exchanges online.
“War powers” have also given President Bush cover to hold Americans without habeas corpus — detainment without explanation or charge. Jose Padilla, a Chicago resident arrested in 2002, was held without trial for five years before being convicted of conspiring to kill individuals abroad and provide support for terrorism.
But his arrest was made with proclamations that Padilla had plans to build a “dirty bomb.” He was never convicted of this charge. Padilla’s legal team also claimed that during his time in military custody — the four years he was held without charge — he was tortured with sensory deprivation, sleep deprivation, forced stress positions and injected with drugs.
Times reporter Eric Lichtblau notes that the measure is the latest step that the Administration has taken to “make permanent” key aspects of its “long war” against terrorism. Congress recently passed a much-maligned bill giving telecommunications companies retroactive immunity for their participation in what constitutional experts see as an illegal or borderline-illegal surveillance program, and is considering efforts to give the FBI more power in their investigative techniques.
“It is uncertain whether Congress will take the administration up on its request,” Lichtblau writes. “Some Republicans have already embraced the idea, with Representative Lamar Smith of Texas, the ranking Republican on the Judiciary Committee, introducing a measure almost identical to the administration’s proposal. ’Since 9/11,’ Mr. Smith said, ’we have been at war with an unconventional enemy whose primary goal is to kill innocent Americans.’”
If enough Republicans come aboard, Democrats may struggle to defeat the provision. Despite holding majorities in the House and Senate, they have failed to beat back some of President Bush’s purported “security” measures, such as the telecom immunity bill.
Bush’s open-ended permanent war language worries his critics. They say it could provide indefinite, if hazy, legal justification for any number of activities — including detention of terrorists suspects at bases like Guantanamo Bay (where for years the Administration would not even release the names of those being held), and the NSA’s warantless wiretapping program.
Lichtblau co-wrote the Times article revealing the Administration’s eavesdropping program along with fellow reporter James Risen.
He notes that Bush’s language “recalls a resolution, known as the Authorization for Use of Military Force, passed by Congress on Sept. 14, 2001… [which] authorized the president to ’use all necessary and appropriate force’ against those responsible for the Sept. 11 attacks to prevent future strikes. That authorization, still in effect, was initially viewed by many members of Congress who voted for it as the go-ahead for the administration to invade Afghanistan and overthrow the Taliban, which had given sanctuary to Mr. bin Laden.”
“But the military authorization became the secret legal basis for some of the administration’s most controversial legal tactics, including the wiretapping program, and that still gnaws at some members of Congress,” he adds.
Filed under: 1984, 1st amendment, 2-party system, 4th amendment, ACLU, Airport Security, apple, army, Barack Obama, biden, Big Brother, biometrics, Bush Sr., CIA, civil liberties, civil rights, Congress, copyright, Department of justice, Dianne Feinstein, DOJ, EFF, FBI, FCC, fingerprints, FISA, free speech, George Bush, Hillary Clinton, House, Iraq, joe biden, John McCain, left right paradigm, Microsoft, Military, nanny state, nation building, neocons, Neolibs, net neutrality, NSA, obama, occupation, OKC bombing, orwell, Patriot Act, Police State, Posse Comitatus, privacy rights, RIAA, Robert Gates, Ron Paul, Russ Feingold, Senate, Spy, Surveillance, tax, Taxpayers, telecoms, TSA, US Constitution, verison, war on drugs, War On Terror, warrantless search, warrantless wiretap, White House | Tags: Communications Assistance for Law Enforcement Act, Comprehensive Counter-Terrorism Act, Digital Millennium Copyright Act, Digital Telephony law, Drano bomb, drug paraphernalia, ebay, Illicit Drug Anti-Proliferation Act, Improvised Munitions Handbook, kazaa, marijuana, news corp., Omnibus Counterterrorism Act of 1995, p2p, Perform Act, pgp, rave act, Senate Foreign Relations committee, tommy chong, Violent Crime Control Act, XM, Yahoo!, zfone
Joe Biden’s pro-RIAA, pro-FBI tech voting record
CNET
August 23, 2008
By choosing Joe Biden as their vice presidential candidate, the Democrats have selected a politician with a mixed record on technology who has spent most of his Senate career allied with the FBI and copyright holders, who ranks toward the bottom of CNET’s Technology Voters’ Guide, and whose anti-privacy legislation was actually responsible for the creation of PGP.
That’s probably okay with Barack Obama: Biden likely got the nod because of his foreign policy knowledge. The Delaware politician is the chairman of the Senate Foreign Relations committee who voted for the war in Iraq, and is reasonably well-known nationally after his presidential campaigns in 1988 and 2008.
Copyright
But back to the Delaware senator’s tech record. After taking over the Foreign Relations committee, Biden became a staunch ally of Hollywood and the recording industry in their efforts to expand copyright law. He sponsored a bill in 2002 that would have make it a federal felony to trick certain types of devices into playing unauthorized music or executing unapproved computer programs. Biden’s bill was backed by content companies including News Corp. but eventually died after Verizon, Microsoft, Apple, eBay, and Yahoo lobbied against it.
A few months later, Biden signed a letter that urged the Justice Department “to prosecute individuals who intentionally allow mass copying from their computer over peer-to-peer networks.” Critics of this approach said that the Motion Picture Association of America and the Recording Industry Association of America, and not taxpayers, should pay for their own lawsuits.
Last year, Biden sponsored an RIAA-backed bill called the Perform Act aimed at restricting Americans’ ability to record and play back individual songs from satellite and Internet radio services. (The RIAA sued XM Satellite Radio over precisely this point.)
All of which meant that nobody in Washington was surprised when Biden was one of only four U.S. senators invited to a champagne reception in celebration of the Digital Millennium Copyright Act hosted by the MPAA’s Jack Valenti, the RIAA, and the Business Software Alliance. (Photos are here.)
Now, it’s true that few Americans will cast their votes in November based on what the vice presidential candidate thinks of copyright law. But these pro-copyright views don’t exactly jibe with what Obama has promised; he’s pledged to “update and reform our copyright and patent systems to promote civic discourse, innovation and investment while ensuring that intellectual property owners are fairly treated.” These are code words for taking a more pro-EFF (Electronic Frontier Foundation) than pro-MPAA approach.
Unfortunately, Biden has steadfastly refused to answer questions on the topic. We asked him 10 tech-related questions, including whether he’d support rewriting the Digital Millennium Copyright Act, as part of our 2008 Technology Voters’ guide. Biden would not answer (we did hear back from Barack Obama, Hillary Clinton, John McCain, and Ron Paul).
In our 2006 Technology Voters’ Guide, which ranked Senate votes from July 1998 through May 2005, Biden received a mere 37.5 percent score because of his support for Internet filters in schools and libraries and occasional support for Internet taxes.
Privacy, the FBI, and PGP
On privacy, Biden’s record is hardly stellar. In the 1990s, Biden was chairman of the Judiciary Committee and introduced a bill called the Comprehensive Counter-Terrorism Act, which the EFF says he was “persuaded” to do by the FBI. A second Biden bill was called the Violent Crime Control Act. Both were staunchly anti-encryption, with this identical language:
It is the sense of Congress that providers of electronic communications services and manufacturers of electronic communications service equipment shall ensure that communications systems permit the government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law.
Translated, that means turn over your encryption keys. The book Electronic Privacy Papers describes Biden’s bill as representing the FBI’s visible effort to restrict encryption technology, which was taking place in concert with the National Security Agency’s parallel, but less visible efforts. (Biden was no foe of the NSA. He once described now-retired NSA director Bobby Ray Inman as the “single most competent man in the government.”)
Biden’s bill — and the threat of encryption being outlawed — is what spurred Phil Zimmermann to write PGP, thereby kicking off a historic debate about export controls, national security, and privacy. Zimmermann, who’s now busy developing Zfone, says it was Biden’s legislation “that led me to publish PGP electronically for free that year, shortly before the measure was defeated after vigorous protest by civil libertarians and industry groups.”
While neither of Biden’s pair of bills became law, they did foreshadow the FBI’s pro-wiretapping, anti-encryption legislative strategy that followed — and demonstrated that the Delaware senator was willing to be a reliable ally of law enforcement on the topic. (They also previewed the FBI’s legislative proposal later that decade for banning encryption products such as SSH or PGP without government backdoors, which was approved by one House of Representatives committee but never came to a vote in the Senate.)
“Joe Biden made his second attempt to introduce such legislation” in the form of the Communications Assistance for Law Enforcement Act (CALEA), which was also known as the Digital Telephony law, according to an account in Wired magazine. Biden at the time was chairman of the relevant committee; he co-sponsored the Senate version and dutifully secured a successful floor vote on it less than two months after it was introduced. CALEA became law in October 1994, and is still bedeviling privacy advocates: the FBI recently managed to extend its requirements to Internet service providers.
CALEA represented one step in the FBI and NSA’s attempts to restrict encryption without backdoors. In a top-secret memo to members of President George H.W. Bush’s administration including Defense Secretary Dick Cheney and CIA director Robert Gates, one White House official wrote: “Justice should go ahead now to seek a legislative fix to the digital telephony problem, and all parties should prepare to follow through on the encryption problem in about a year. Success with digital telephony will lock in one major objective; we will have a beachhead we can exploit for the encryption fix; and the encryption access options can be developed more thoroughly in the meantime.”
There’s another reason why Biden’s legislative tactics in the CALEA scrum amount to more than a mere a footnote in Internet history. They’re what led to the creation of the Center for Democracy and Technology — and the Electronic Frontier Foundation’s simultaneous implosion and soul-searching.
EFF staffers Jerry Berman and Danny Weitzner chose to work with Biden on cutting a deal and altering the bill in hopes of obtaining privacy concessions. It may have helped, but it also left the EFF in the uncomfortable position of leaving its imprimatur on Biden’s FBI-backed wiretapping law universally loathed by privacy advocates. The debacle ended with internal turmoil, Berman and Weitzner leaving the group and taking their corporate backers to form CDT, and a chastened EFF that quietly packed its bags and moved to its current home in San Francisco. (Weitzner, who was responsible for a censorship controversy last year, became a formal Obama campaign surrogate.)
“Anti-terror” legislation
The next year, months before the Oklahoma City bombing took place, Biden introduced another bill called the Omnibus Counterterrorism Act of 1995. It previewed the 2001 Patriot Act by allowing secret evidence to be used in prosecutions, expanding the Foreign Intelligence Surveillance Act and wiretap laws, creating a new federal crime of “terrorism” that could be invoked based on political beliefs, permitting the U.S. military to be used in civilian law enforcement, and allowing permanent detection of non-U.S. citizens without judicial review. The Center for National Security Studies said the bill would erode “constitutional and statutory due process protections” and would “authorize the Justice Department to pick and choose crimes to investigate and prosecute based on political beliefs and associations.”
Biden himself draws parallels between his 1995 bill and its 2001 cousin. “I drafted a terrorism bill after the Oklahoma City bombing. And the bill John Ashcroft sent up was my bill,” he said when the Patriot Act was being debated, according to the New Republic, which described him as “the Democratic Party’s de facto spokesman on the war against terrorism.”
Biden’s chronology is not accurate: the bombing took place in April 1995 and his bill had been introduced in February 1995. But it’s true that Biden’s proposal probably helped to lay the groundwork for the Bush administration’s Patriot Act.
In 1996, Biden voted to keep intact an ostensibly anti-illegal immigration bill that outlined what the Real ID Act would become almost a decade later. The bill would create a national worker identification registry; Biden voted to kill an Abraham-Feingold amendment that would have replaced the registry with stronger enforcement. According to an analysis by the Electronic Privacy Information Center, the underlying bill would have required “states to place Social Security numbers on drivers licenses and to obtain fingerprints or some other form of biometric identification for licenses.”
Along with most of his colleagues in the Congress — including Sen. John McCain but not Rep. Ron Paul — Biden voted for the Patriot Act and the Real ID Act (which was part of a larger spending bill). Obama voted for the bill containing the Real ID Act, but wasn’t in the U.S. Senate in 2001 when the original Patriot Act vote took place.
Patriot Act
In the Senate debate over the Patriot Act in October 2001, Biden once again allied himself closely with the FBI. The Justice Department favorably quotes Biden on its Web site as saying: “The FBI could get a wiretap to investigate the mafia, but they could not get one to investigate terrorists. To put it bluntly, that was crazy! What’s good for the mob should be good for terrorists.”
The problem is that Biden’s claim was simply false — which he should have known after a decade of experience lending his name to wiretapping bills on behalf of the FBI. As CDT explains in a rebuttal to Biden: “The Justice Department had the ability to use wiretaps, including roving taps, in criminal investigations of terrorism, just as in other criminal investigations, long before the Patriot Act.”
But Biden’s views had become markedly less FBI-friendly by April 2007, six years later. By then, the debate over wiretapping had become sharply partisan, pitting Democrats seeking to embarrass President Bush against Republicans aiming to defend the administration at nearly any cost. In addition, Biden had announced his presidential candidacy three months earlier and was courting liberal activists dismayed by the Bush administration’s warrantless wiretapping.
That month, Biden slammed the “president’s illegal wiretapping program that allows intelligence agencies to eavesdrop on the conversations of Americans without a judge’s approval or congressional authorization or oversight.” He took aim at Attorney General Alberto Gonzales for allowing the FBI to “flagrantly misuse National Security Letters” — even though it was the Patriot Act that greatly expanded their use without also expanding internal safeguards and oversight as well.
Biden did vote against a FISA bill with retroactive immunity for any telecommunications provider that illegally opened its network to the National Security Agency; Obama didn’t. Both agreed to renew the Patriot Act in March 2006, a move that pro-privacy Democrats including Ron Wyden and Russ Feingold opposed. The ACLU said the renewal “fails to correct the most flawed provisions” of the original Patriot Act. (Biden does do well on the ACLU’s congressional scorecard.)
“Baby-food bombs”
The ACLU also had been at odds with Biden over his efforts to censor bomb-making information on the Internet. One day after a bomb in Saudi Arabia killed several U.S. servicemen and virtually flattened a military base, Biden pushed to make posting bomb-making information on the Internet a felony, punishable by up to 20 years in jail, the Wall Street Journal reported at the time.
“I think most Americans would be absolutely shocked if they knew what kind of bone-chilling information is making its way over the Internet,” he told the Senate. “You can access detailed, explicit instructions on how to make and detonate pipe bombs, light-bulb bombs, and even — if you can believe it — baby-food bombs.”
Biden didn’t get exactly what he wanted — at least not right away. His proposal was swapped in the final law for one requiring the attorney general to investigate “the extent to which the First Amendment protects such material and its private and commercial distribution.” The report was duly produced, concluding that the proposal “can withstand constitutional muster in most, if not all, of its possible applications, if such legislation is slightly modified.”
It was. Biden and co-sponsor Dianne Feinstein introduced their bill again the following year. Biden pitched it as an anti-terror measure, saying in a floor debate that numerous terrorists “have been found in possession of bomb-making manuals and Internet bomb-making information.” He added: “What is even worse is that some of these instructions are geared toward kids. They tell kids that all the ingredients they need are right in their parents’ kitchen or laundry cabinets.”
Biden’s proposal became law in 1997. It didn’t amount to much: four years after its enactment, there had been only one conviction. And instead of being used to snare a dangerous member of Al Qaeda, the law was used to lock up a 20-year old anarchist Webmaster who was sentenced to one year in prison for posting information about Molotov cocktails and “Drano bombs” on his Web site, Raisethefist.com.
Today there are over 10,000 hits on Google for the phrase, in quotes, “Drano bomb.” One is a video that lists the necessary ingredients and shows some self-described rednecks blowing up small plastic bottles in their yard. Then there’s the U.S. Army’s Improvised Munitions Handbook with instructions on making far more deadly compounds, including methyl nitrate dynamite, mortars, grenades, and C-4 plastic explosive — which free speech activists placed online as an in-your-face response to the Biden-Feinstein bill.
Peer-to-peer networks
Since then, Biden has switched from complaining about Internet baby-food bombs to taking aim at peer-to-peer networks. He held one Foreign Relations committee hearing in February 2002 titled “Theft of American Intellectual Property” and invited executives from the Justice Department, RIAA, MPAA, and Microsoft to speak. Not one Internet company, P2P network, or consumer group was invited to testify.
Afterwards, Sharman Networks (which distributes Kazaa) wrote a letter to Biden complaining about “one-sided and unsubstantiated attacks” on P2P networks. It said: “We are deeply offended by the gratuitous accusations made against Kazaa by witnesses before the committee, including ludicrous attempts to associate an extremely beneficial, next-generation software program with organized criminal gangs and even terrorist organizations.”
Biden returned to the business of targeting P2P networks this year. In April, he proposed spending $1 billion in U.S. tax dollars so police can monitor peer-to-peer networks for illegal activity. He made that suggestion after a Wyoming cop demonstrated a proof-of-concept program called “Operation Fairplay” at a hearing before a Senate Judiciary subcommittee.
A month later, the Senate Judiciary committee approved a Biden-sponsored bill that would spend over $1 billion on policing illegal Internet activity, mostly child pornography. It has the dubious virtue of being at least partially redundant: One section would “prohibit the broadcast of live images of child abuse,” even though the Justice Department has experienced no problems in securing guilty pleas for underage Webcamming. (The bill has not been voted on by the full Senate.)
Online sales of Robitussin
Around the same time, Biden introduced his self-described Biden Crime Bill of 2007. One section expands electronic surveillance law to permit police wiretaps in “crimes dangerous to the life, limb, and well-being of minor children.” Another takes aim at Internet-based telemedicine and online pharmacies, saying that physicians must have conducted “at least one in-person medical evaluation of the patient” to prescribe medicine.
Another prohibits selling a product containing dextromethorphan — including Robitussin, Sucrets, Dayquil, and Vicks — “to an individual under the age of 18 years, including any such sale using the Internet.” It gives the Justice Department six months to come up with regulations, which include when retailers should be fined for shipping cough suppressants to children. (Biden is a longtime drug warrior; he authored the Illicit Drug Anti-Proliferation Act that the Bush administration used to shut down benefit concerts.)
Net neutrality
On Net neutrality, Biden has sounded skeptical. In 2006, he indicated that no preemptive laws were necessary because if violations do happen, such a public outcry will develop that “the chairman will be required to hold this meeting in this largest room in the Capitol, and there will be lines wandering all the way down to the White House.” Obama, on the other hand, has been a strong supporter of handing pre-emptive regulatory authority to the Federal Communications Commission.
Tommy Chong: Biden ’authored the bill that put me in jail’
KXMB
August 24, 2008
It turns out that Obama’s new running mate is one of the leading crusaders in the war on drugs. Which isn’t something that’s likely to sit well with Obama’s base of young, college-aged supporters
Earlier this week, in an interview with the Washington Post, Tommy Chong was asked what the average citizen can do to further the cause of decriminalization. “Check out the people you’re voting for,” Chong replied. “For instance, Joseph Biden comes off as a liberal Democrat, but he’s the one who authored the bill that put me in jail. He wrote the law against shipping drug paraphernalia through the mail – which could be anything from a pipe to a clip or cigarette papers.”
Barack Obama’s V.P. selection Sen. Joe Biden also spnsored the Rave Act, which targets music events where drug use is allegedly prevalent.
http://abcnews.go.com/Blotter/story?id=5670703&page=1
Barack Obama: The Next PRESIDENT Is Joe Biden
http://www.youtube.com/watch?v=RElChQ6g2Io
VP Choice Biden Unpopular in Iraq: He’s creator of the idea of dividing Iraq
http://africa.reuters.com/world/news/usnLN96984.html
Biden’s Bill: The Patriot Act
http://www.tnr.com/columnist..582-b6ec-444834c9df73&k=93697
Biden called for unilateral Iraq invasion – in 1998
http://www.fpif.org/fpiftxt/5492
Filed under: 1984, 1st amendment, 2-party system, 2008 Election, 4th amendment, amnesty, Barack Obama, biden, Big Brother, Condoleezza Rice, Daily Show, DHS, Federal Reserve, free speech, georgia, Hate Crimes Bill, hate speech, Homeland Security, Illegal Immigration, Immigration, Iraq, joe biden, John McCain, jon stewart, left right paradigm, michael chertoff, Military, NASA, nation building, neocons, Neolibs, obama, occupation, orwell, Patriot Act, Real ID, Russia, Saddam Hussein, South Ossetia, Surveillance, telecom, US Constitution, warrantless search, warrantless wiretap, Zionism
Joe Biden’s Voting Record Highlights:
Sen. Joe Biden Helped Pass:
USA Patriot Act
Real ID Funding
Use of Military Force Against Iraq
Homeland Security Act
Permanent Residence for Certain Undocumented Immigrants
Hate Crimes Bill
Anti-terrorism Wiretaps
Striking Telecom Immunity from the Foreign Intelligence Surveillance Bill
The Nomination of Condoleezza Rice
The Nomination of Michael Chertoff
The Nomination of Alan Greenspan
Biden: I would be honored to run with John McCain
Biden: “I am a Zionist”
http://www.wakeupfromyourslumber.com/node/7869
Obama names ‘gaffe-prone’ Joe Biden as his running mate in presidential elections
http://www.dailymail.co…te-presidential-elections.html
Biden in 2002: ’I think Saddam either has to be separated from his weapons or taken out of power’
http://www.msnbc.msn.com/id/10154103/
http://www.youtube.com/watch?v=g_yWRb9AXxo
Obama Suggests $2 Billion For NASA
http://www.washingtonpost.com/w..02171.html?hpid=sec-politics
Filed under: 1984, 4th amendment, Big Brother, Control Grid, data mining, Department of justice, DHS, DOJ, Executive Order, FBI, George Bush, Homeland Security, nanny state, neocons, NSA, Oppression, Police State, privacy rights, Spy, Surveillance, US Constitution, War On Terror, warrantless search, warrantless wiretap
Government to Share Info on Americans With Police
Washington Post
August 16, 2008
The Justice Department has proposed a new domestic spying measure that would make it easier for state and local police to collect intelligence about Americans, share the sensitive data with federal agencies and retain it for at least 10 years.
The proposed changes would revise the federal government’s rules for police intelligence-gathering for the first time since 1993 and would apply to any of the nation’s 18,000 state and local police agencies that receive roughly $1.6 billion each year in federal grants.
Quietly unveiled late last month, the proposal is part of a flurry of domestic intelligence changes issued and planned by the Bush administration in its waning months. They include a recent executive order that guides the reorganization of federal spy agencies and a pending Justice Department overhaul of FBI procedures for gathering intelligence and investigating terrorism cases within U.S. borders.
Filed under: 2-party system, 7/7, Air Force, Bloggers, Britain, civil liberties, civil rights, Control Grid, corporations, data mining, Dictatorship, Empire, Europe, european union, Fascism, free speech, google, internet, Internet Filtering, internet police, ISP, left right paradigm, london, nanny state, Nazi, neocons, Neolibs, Oppression, orwell, Police State, privacy rights, stasi, stasi tactics, Surveillance, telecoms, United Kingdom, united nations, War On Terror, warrantless search, warrantless wiretap | Tags: cyber security, cyber terrorism, e-mails, Home Office, snooper’s charter, texting
UK Telecom & Internet Companies to Check Texts and E-mails
Alan Travis
London Guardian
August 13, 2008
Local councils, health authorities and hundreds of other public bodies are to be given the power to access details of everyone’s personal text, emails and internet use under Home Office proposals published yesterday.
Ministers want to make it mandatory for telephone and internet companies to keep details of all personal internet traffic for at least 12 months so it can be accessed for investigations into crime or other threats to public safety.
The Home Office last night admitted that the measure will mean companies have to store “a billion incidents of data exchange a day”. As the measure is the result of an EU directive, the data will be made available to public investigators across Europe.
The consultation paper published yesterday estimates that it will cost the internet industry over £50m to store the mountain of data.
Conservatives and Liberal Democrats last night branded the measure a “snooper’s charter”.
When the measure was floated after the London bombings in 2005 by the then home secretary, Charles Clarke, it was justified on the grounds that it was needed to investigate terrorist plots and organised crime. But the Home Office document makes clear that the personal data will now be available for all sorts of crime and public order investigations and may even be used to prevent people self-harming.
http://www.guardian.co.uk/politics/2008/aug/15/labour.idcards
Zero Privacy In UK
http://www.guardian.co.uk/commentisfree/2008/aug/13/privacy.privacy
Google Ordered To Unmask Mystery Blogger
http://blog.wired.com/business/2008/08/google-ordered.html
Air Force Suspends ‘Cyber Command’ Program
http://www.informationweek.com/news..wArticle.jhtml?articleID=210003721
Blogging Is Not A Crime
http://www.techcrunch.com/20..-a-crime/comment-2439303
Filed under: 2-party system, 2008 Election, 4th amendment, 9/11, 9/11 Firefighters, 9/11 Truth, Afghanistan, Congress, Dennis Kucinich, Dissent, federal crime, first responders, George Bush, heckled, House, Iraq, judiciary committee, left right paradigm, michagin, Nancy Pelosi, nation building, neocons, Neolibs, occupation, Protest, Senate, Surveillance, US Constitution, War Crimes, War On Terror, warrantless search, warrantless wiretap, We Are Change | Tags: lansing, the view
Pelosi on the Articles of Impeachment: “I didn’t read it yet”
Nancy Pelosi confronted by We Are Change Lansing
Filed under: 4th amendment, Abu Ghraib, brainwashing, CNN, Conditioning, Detainee, Dick Cheney, Extraordinary Rendition, George Bush, glenn beck, Guantanamo, Media, neocons, Propaganda, rendition, subliminal, subliminal messages, Torture, US Constitution, War On Terror, warrantless search, warrantless wiretap, White House | Tags: dark knight, morgan freeman
Glenn Beck: Does Batman Movie Have a Pro-Bush Message?
August 6, 2008
Last month, author Andrew Klavan wrote that the new Batman film is a “paean of praise to the fortitude and moral courage that has been shown by George W. Bush in this time of terror and war.” CNN’s Glenn Beck agreed today, listing off controversial Bush policies he claims were vindicated by the film’s showcase of “conservative values on the war on terror”:
But Batman goes into another country and with a C-130 snatches a guy out, and then throws him back here into Gotham. So there’s rendition. At one point the Morgan Freeman character says to Batman, wait a minute, hang on, you’re eavesdropping on everyone in Gotham? And Batman says, yes, to stop this terrorist. Morgan Freeman says, I can’t be a part of it. And yet Morgan Freeman does become a part of it, and they find the Joker. One of the ways they find the Joker is through eavesdropping. I mean the parallels here of what’s going on is to me stunning.
Watch it:
http://www.youtube.com/watch?v=DtuuG7UPP-w
Beck also said that Bush’s willingness to “die as the worst president ever because of the war on terror” is “exactly the message that Batman carries.”
http://thinkprogress.org/2008/08/07/leahys-..gainst-becks-batman-analogy/
Filed under: 1984, 1st amendment, 4th amendment, ACLU, Big Brother, California, CIA, civil liberties, civil rights, Congress, Control Grid, corporations, data mining, Dictatorship, Dissent, DNI, Empire, Executive Order, Fascism, FBI, federal crime, FISA, FOIA, free speech, George Bush, LAPD, mukasey, Nazi, neocons, NSA, Oppression, Police State, Protest, Ronald Reagan, Spy, stasi, stasi tactics, Surveillance, US Constitution, virginia, War On Terror, warrantless search, warrantless wiretap, White House | Tags: Director of National Intelligence, Executive Order 12333, fusion centers, Lexis-Nexus, LocatePlus, maryland, TLA, Virginia General Assembly
“Fusion Centers” to Gather Intelligence on Peaceful Protesters
The Progressive
July 30, 2008
On the heels of the Maryland State Police spying scandal, the ACLU is ringing the alarms over “fusion centers.”
These are the state-by-state groupings of various law enforcement agencies working together at all levels, from local police to the FBI, NSA, and CIA, ostensibly to share terrorism threat information. But, as we saw in the Maryland case, they may sometimes just be sharing information about lawful, peaceful First Amendment-protected speech.
There is “mission creep from watching out for terrorism to watching out for peace activists,” said Caroline Fredrickson, director of the ACLU Washington Legislative Office, in a press conference July 29. She called the fusion centers an incipient “domestic intelligence apparatus.” And she warned that the kind of spying that occurred in Maryland was “very dangerous to our democracy.”
In December 2007, the ACLU published a report “What’s Wrong with Fusion Centers?”
It noted that there are more than 40 fusion centers already created. And it cited several problems with them, including the participation of military personnel in law enforcement, as well as “private sector participation.” “Fusion centers are incorporating private-sector corporations into the intelligence process, breaking down the arm’s length relationship that protects the privacy of innocent Americans who are employees or customers of these companies.”
On July 29, the ACLU issued an update to that report.
The fusion centers represent an attempt to create a “total surveillance society,” the update says.
It notes that the LAPD fed into its fusion center an array of ““suspicious activity reports” that included such innocuous activities as “taking notes” or “drawing diagrams” or “using binoculars.” (Since one out of six Americans is a birdwatcher, this last item could really swell the files.)
The “suspicious activity” criteria of the LAPD “gives law enforcement officers justification to harass practically anyone they choose, to collect personal information, and to pass such information along to the intelligence community,” the update says.
Frighteningly, the Office of the Director of National Intelligence has called the LAPD program “a national model.”
The Director of National Intelligence urges state and local law enforcement to “report non-criminal suspicious activities,” the update says. According to the standards of the Director of National Intelligence, these activities are defined as “observed behavior that may be indicative of intelligence gathering or pre-operational planning related to terrorism, criminal, or other illicit intention.”
The ACLU notes that “other illicit intention” is not defined, and that fusion centers are fed intelligence before “reasonable suspicion” is established.
Fusion centers also engage in data mining, as they rely not only on FBI and CIA records. They also often “have subscriptions with private data brokers such as Accurint, ChoicePoint, Lexis-Nexus, and LocatePlus, a database containing cell phone numbers and unpublished telephone records,” the ACLU notes, referring to a Washington Post article from April 2.
The ACLU calls fusion centers “out-of-control data-gathering monsters.”
While the government is gathering more and more information about us citizens, it’s trying to shield itself from telling us what it’s doing. “There appears to be an effort by the federal government to coerce states into exempting their fusion centers from state open government laws,” the ACLU notes. “For those living in Virginia, it’s already too late: The Virginia General Assembly passed a law in April 2008 exempting the state’s fusion center from the Freedom of Information Act.”
As I noted in “The New Snoops: Terrorism Liaison Officers, Some from the Private Sector”, the Department of Justice has come up with “Fusion Center Guidelines” that flat-out recommend that “fusion centers and their leadership encourage appropriate policymakers to legislate the protection of private sector data provided to fusion centers.”
The ACLU is absolutely right: Congress must investigate these fusion centers and exercise appropriate oversight before law enforcement agencies and their private sector partners violate the rights of more Americans and usher us all into the total surveillance society.
Bush turning intelligence agencies on Americans
Raw Story
July 31, 2008
President Bush seems to be slowly turning the nation’s massive surveillance apparatus upon its citizens, and some worry that administration assurances to protect civil liberties are nothing but empty promises.
With his update to a decades-old executive order governing the Intelligence Community, Bush is giving the Director of National Intelligence and the 16 agencies of the US Intelligence Community more power to access and share sensitive information on Americans with little to no independent oversight. The update to Executive Order 12333, first issued by former President Ronald Reagan, introduces a more prominent role for the Attorney General in approving intelligence gathering methods, calls for collaboration with local law enforcement agencies, eases limits on how information can be shared and urges cooperation between the IC and private companies.
“This Intelligence Community that was built to deal with foreign threats is now being slowly and incrementally turned inward,” says Mike German, policy counsel for the American Civil Liberties Union, in an interview with RAW STORY.
Bush’s latest update of a decades old executive order governing intelligence activities is a “lit fuse” that could end with the Constitution’s immolation, another ACLU official says.
“This kind of concentrated power, exercised in secret, is a lit fuse with our Constitution likely in danger of being burned,” said Caroline Fredrickson, director of the ACLU Washington legislative office.
The White House insists that the update to Executive Order 12333 maintains protections for Americans’ civil liberties, but senior administration officials who briefed reporters Thursday provided little reassurance that the new order would correct some of the Bush administration’s most egregious abuses.
Peaceful Activist labeled a “terrorist” in a federally-funded domestic terrorism database
http://noworldsystem.com/2008/07/19/..d-spy-on-protest-groups/
Filed under: 1984, 2008 olympics, beijing, Big Brother, CCTV, Censorship, China, civil liberties, civil rights, George Bush, google, human rights, internet, internet blackout, Internet Filtering, internet police, Iraq, neocons, olympics, Oppression, orwell, Police State, sam brownback, Senate, Spy, Surveillance, warrantless search, warrantless wiretap | Tags: falungong, falungong practitioners, Public Security Bureau
China Spying On Internet Use In Hotels
AP
July 29, 2008
Foreign-owned hotels in China face the prospect of “severe retaliation” if they refuse to install government software that can spy on Internet use by hotel guests coming to watch the summer Olympic games, a U.S. lawmaker said Tuesday.
Sen. Sam Brownback, R-Kan., produced a translated version of a document from China’s Public Security Bureau that requires hotels to use the monitoring equipment.
“These hotels are justifiably outraged by this order, which puts them in the awkward position of having to craft pop-up messages explaining to their customers that their Web history, communications, searches and key strokes are being spied on by the Chinese government,” Brownback said at a news conference.
A spokesman for the Chinese embassy in Washington did not immediately respond to a request for comment.
Brownback said several international hotel chains confirmed receiving the order from China’s Public Security Bureau. The hotels are in a bind, he said, because they don’t want to comply with the order, but also don’t want to jeopardize their investment of millions of dollars to expand their businesses in China. The hotel chains that forwarded the order to Brownback are declining to reveal their identities for fear of reprisal.
Earlier this year, the U.S. State Department issued a fact sheet warning travelers attending the Olympic games that “they have no reasonable expectation of privacy in public or private locations” in China.
“All hotel rooms and offices are considered to be subject to on-site or remote technical monitoring at all times,” the agency states.
The Public Security Bureau order threatens that failure to comply could result in financial penalties, suspending access to the Internet or the loss of a license to operate a hotel in China.
“If you were a human rights advocate, if you’re a journalist, you’re in room 1251 of a hotel, anything that you use, sending out over the Internet is monitored in real time by the Chinese Public Security bureau,” Brownback said. “That’s not right. It’s not in the Olympic spirit.”
Brownback and other lawmakers have repeatedly denounced China’s record of human rights abuses and asked President Bush not to attend the Olympic opening ceremonies in Beijing.
Brownback was introducing a resolution in the Senate on Tuesday that urges China to reverse its actions.
China To Censor Internet During Olympics
AP
July 29, 2008
China will censor the Internet used by foreign media during the Olympics, an organising committee official confirmed Wednesday, reversing a pledge to offer complete media freedom at the games.
“During the Olympic Games we will provide sufficient access to the Internet for reporters,” said Sun Weide, spokesman for the organising committee.
He confirmed, however, that journalists would not be able to access information or websites connected to the Falungong spiritual movement which is banned in China.
Other sites were also unavailable to journalists, he said, without specifying which ones.
Olympic panel ends ban, says Iraq can go to games
http://home.peoplepc.com/..3421_1334520080729-294375139
China Hits Back At U.S. Stands Firm On Internet
http://news.yahoo.com/s/afp/2008073..sGtapUp0mOsYxUinOROrgF
Google Says Privacy Doesn’t Exist, Get Used To Everyone Knowing Everything About You
http://www.informationweek.com/b..R0QSNDLPSKHSCJUNN2JVN
Filed under: 4th amendment, 9/11, Abu Ghraib, airstrikes, al-qaeda, C-Span, CIA, Cindy Sheehan, Congress, Coup, DEBT, Dennis Kucinich, despotism, Detainee, Dick Cheney, Dictatorship, Economy, Empire, Extraordinary Rendition, fallen soldiers, False Flag, false information, Fascism, federal crime, FISA, Founding Fathers, George Bush, Guantanamo, House, House Subcommittee, Impeach, Iran, Iraq, iraq deaths, john ashcroft, John Bolton, judiciary committee, Karl Rove, Martial Law, Media, military strike, nation building, Nazi, neocons, Neolibs, occupation, Preemptive Strike, preemptive war, Propaganda, Protest, republic, Robert Wexler, Saddam Hussein, scooter libby, secret prisons, Shock and Awe, Tehran, Torture, Troops, US Constitution, US Economy, vincent bugliosi, War Crimes, war games, War On Terror, warrantless search, warrantless wiretap, WMD, WW3, ww4 | Tags: doug fife, fallujah, harriet myers, House Judiciary Committee, impeachment hearing, jonathan turley, judiciary hearing, kucinich, steve king, vincent bugliosi
Dam Breaks as Media Covers Bush Impeachment Hearing
Prisonplanet.com
July 25, 2008
The House Judiciary Committee hearing on the Bush Administration’s use of executive power has finally been covered by the corporate media:
LA Times: Is hearing to impeach Bush merely ‘anger management’?
FOX News: Rep. Kucinich Gets His Day to Air Impeachment Article
The Hill: Kucinich raises Bush impeachment at hearing
CBS: Big Crowd Gathers For House Judiciary Hearing On Bush “impeachment”
AP: Bush critics get an unimpeachable forum
Videos from the hearing:
Rep. Wexler recommends impeachment hearings
Rep. Steve King of Iowa argued there was no evidence that the Bush administration had committed any high crimes and misdeameanors.
Conyers: These Are Not Impeachment Hearings
George Washington’s Blog
July 23, 2008
John Conyers is now taking the position that no one at Friday’s impeachment hearing can accuse Bush or Cheney of any crime, or any impeachable offense, or dishonorable conduct, or even lying.
Moreover, Conyers is now saying that he will shut the hearing down if anyone does accuse the boys of crimes, impeachable offenses, or otherwise being naughty.
As David Swanson summarizes it:
“Apparently the rules of Congress are designed to allow impeachable offenses to be discussed only in impeachment hearings. Apparently this didn’t occur to Chairman Conyers when he decided to hold a non-impeachment impeachment hearing. As a result, his hearing may be quickly shut down, and he will have a choice of holding a real impeachment hearing, resigning, or dropping the pretense that he intends to resist Cheney and Bush in any way whatsoever.”
Please watch this must-see 10 minute video.
And read this.
Takes Phone Calls On Impeachment
http://www.cbsnews.com/storie../thecrypt/main4292489.shtml
Cindy Sheehan Kicked-Out of Judiciary Hearing
http://rawstory.com//news/20..eehan_exits_Judiciary_hearing_0725.html
House Judiciary Committee Chairman Rep John Conyers Plans Bush Impeachment Substitute
http://www.daily.pk/world/world..eachment-substitute.html
Fallujah Braces For Another Assault
http://www.ipsnews.net/news.asp?idnews=43248
Iraq Official: U.S. Troops May Leave By 2010
http://ap.google.com/articl..YeFwuWKCusr2jrojs98w8wD9228UM00
Turley fears Dems will let alleged ‘Bush crimes’ stay buried forever
http://rawstory.com//news/2008/.._pardons_prevent_0723.html
’Imperial presidency’ hearing to feature 13 witnesses
http://rawstory.com//news/2008..earing_to_feature_13_0724.html
Filed under: 1984, 2-party system, 2008 Election, 4th amendment, Afghanistan, Ahmadinejad, airstrikes, amnesty, army, Barack Obama, bill of rights, CIA, civil liberties, civil rights, Congress, Coup, Dictatorship, Empire, enemy combatant, False Flag, federal crime, FISA, flip flop, flip flopping, George Bush, Guantanamo, Habeas Corpus, Hillary Clinton, Iran, John McCain, left right paradigm, Military, military base, Military Industrial Complex, military strike, neocons, Neolibs, Nuke, obama, Pentagon, Police State, poll, Preemptive Strike, preemptive war, Saddam Hussein, Shock and Awe, Surveillance, Syria, Tehran, telco pac, telecoms, Torture, War On Terror, warrantless search, warrantless wiretap, WW3, ww4
The Lesson from Obama’s Cowardly Flip-Flop
Jacob G. Hornberger
FFF
July 10, 2008
Those who think that the election of Barack Obama will save the nation from its many foreign-policy/civil-liberties woes got smashed and dashed with a cold dose of reality. Flip-flopping in the finest political tradition, Obama voted in favor of President Bush’s wiretap/immunity bill, after promising to filibuster it before he secured the Democratic Party nomination.
Presumably, Obama’s thinking goes like this: “Now that I’ve secured the nomination of my party, liberals will vote for me regardless because they won’t want John McCain in power. So, I can now flip flop and taken different positions on foreign policy and civil liberties so that John McCain won’t be able to tell people that I’m soft on terrorism.”
Reminding people of what happened in 2002, when the Democrats unconstitutionally and cowardly delegated the power to declare war on Iraq to President Bush because of fear that the president would accuse them of being soft on Saddam Hussein, congressional Democrats voted to give Bush everything he wanted plus more in the wiretap/immunity bill, including civil immunity to private telecom companies for apparent felony offenses committed against their customers.
For an excellent analysis of the cowardly and craven cave-in by Obama and his fellow Democrats, see Glenn Greenwald’s blog and Jonathan Turley’s television interview, which is included in Greenwald’s June 9 blog. (Both Greenwald and Turley delivered terrific speeches at our recent conference “Restoring the Republic 2008: Foreign Policy and Civil Liberties.”)
Meanwhile, the president and his associates continue to threaten Iran with a military attack without even pretending that they’re going to first ask for a declaration of war from Congress, which the Constitution requires. Keep in mind that the Constitution is the law that we the people impose on the president and the Congress. That’s the law that the president feels that he can violate with impunity.
The fact is that Americans are living under a lawless regime, one in which the president feels that constitutional constraints are illegitimate during his “war on terrorism,” which he says will last indefinitely given that there are still so many terrorists and potential terrorists in the world. Never mind that the U.S. government’s own policies generate the terrorist threat against the United States, which is then used as the excuse for the president to operate in an omnipotent and extra-constitutional manner.
That’s what his signing statements, illegal wiretaps and other searches, enemy-combatant designations, torture and sex abuse camps, cancelation of habeas corpus, wars of aggression, indefinite detentions, and kangaroo military tribunals are all about — the power to ignore constitutional restraints — omnipotent power.
The battle over the wiretap/immunity bill demonstrates a critically important point, one that every lover of liberty must ultimately confront: It is not sufficient to fight every assault on civil liberties that comes down the pike. The infringements are endless. Even if one civil-liberties battle is won, there are always three more battles to wage.
Suppose, for example, that civil libertarians succeed in getting the Pentagon’s torture and sex abuse camp at Guantanamo Bay closed down. Would that end the torture and sex abuse? Of course not. They’ll simply start sending detainees to torture and sex abuse camps in Afghanistan or to friendly terrorist regimes, such as Syria (which they still claim they don’t talk to despite the fact that the CIA somehow or another made the arrangements with Syrian torturers to torture an innocent man on its behalf).
Thus, what every American who thirsts for the restoration of a normal, free society must recognize is that there is one — and only one — solution: the dismantling of America’s standing army, especially the military-industrial complex and the CIA, which are the center of the rot of the U.S. Empire. This is what should have been done when the Berlin Wall fell and it’s what should be done today.
That’s the root of the weed. That’s what needs to be pulled out of the ground. It’s not sufficient to simply continue trimming its branches.
That would mean the closing of every U.S. military base around the world — Europe, Asia, South America, and everywhere else. It would entail bringing all those troops home and discharging them into the private sector. It would entail closing the multitude of military bases all across the United States. It would entail the abolition of the CIA. It would include the repeal of the deadly and destructive war on drugs. It would entail the end of all foreign aid. It would mean the end of the U.S. government’s meddling in the affairs of other nations. It would entail the repeal of all the taxes that fund these people and their deadly, destructive, and nefarious operations.
Barack Obama’s cowardly flip flop should remind every American that the key to our future lies not in electing different people to public office. Instead, the key to our future lies in a shift in paradigms — from one of big government in foreign (and domestic) affairs to one of limited government in foreign (and domestic) affairs.
The time has come for the American people to do what Americans in 1787 were doing: reflecting upon the principles of liberty and limited government on which this nation should be based. The time has come to end the U.S. government’s role as the world’s policeman, intervener, interloper, aggressor, welfare provider, and sole remaining empire. The time has come for the American people to restore the principles of liberty and limited government that our ancestors bequeathed to us.
Mr. Hornberger is founder and president of The Future of Freedom Foundation.
Obama’s poll numbers plummet: Apparently betraying Americans does not pay
Newsweek
July 11, 2008
A month after emerging victorious from the bruising Democratic nominating contest, some of Barack Obama’s glow may be fading. In the latest NEWSWEEK Poll, the Illinois senator leads Republican nominee John McCain by just 3 percentage points, 44 percent to 41 percent. The statistical dead heat is a marked change from last month’s NEWSWEEK Poll, where Obama led McCain by 15 points, 51 percent to 36 percent.
Obama’s rapid drop comes at a strategically challenging moment for the Democratic candidate. Having vanquished Hillary Clinton in early June, Obama quickly went about repositioning himself for a general-election audience–an unpleasant task for any nominee emerging from the pander-heavy primary contests and particularly for a candidate who’d slogged through a vigorous primary challenge in most every contest from January until June. Obama’s reversal on FISA legislation, his support of faith-based initiatives and his decision to opt out of the campaign public-financing system left him open to charges he was a flip-flopper. In the new poll, 53 percent of voters (and 50 percent of former Hillary Clinton supporters) believe that Obama has changed his position on key issues in order to gain political advantage.
More seriously, some Obama supporters worry that the spectacle of their candidate eagerly embracing his old rival, Hillary Clinton, and traveling the country courting big donors at lavish fund-raisers, may have done lasting damage to his image as an arbiter of a new kind of politics. This is a major concern since Obama’s outsider credentials, have, in the past, played a large part in his appeal to moderate, swing voters. In the new poll, McCain leads Obama among independents 41 percent to 34 percent, with 25 percent favoring neither candidate. In June’s NEWSWEEK Poll, Obama bested McCain among independent voters, 48 percent to 36 percent.
http://hotair.com/archives/2008/07/14/thi..ager-begs-for-money/
Obama sees three straight months of declining donations
http://www.washingtonpost.com/../2008/07/10/AR2008071002813_pf.html
Filed under: 1984, 1st amendment, 2008 Election, 4th amendment, amnesty, benjamin franklin, Big Brother, Bloggers, civil liberties, civil rights, colorado, Congress, corporations, corporatism, Dennis Kucinich, Denver, Economy, Fascism, federal crime, FISA, Founding Fathers, free speech, George Bush, GOP, HR 6166, Impeach, internet, Iraq, John McCain, magna carta, military commissions act, military commissions act of 2006, nation building, Nazi, neocons, NSA, occupation, Oppression, Patriot Act, Police State, secret service, Surveillance, US Constitution, US Economy, veterans, War On Terror, warrantless search, warrantless wiretap, We Are Change, White House | Tags: HR 6340, phil gramm
61-year-old woman kicked out of McCain “public” townhall meeting
PNA
July 7, 2008
On orders from Senator John McCain’s security detail, Denver police escorted a 61-year-old woman away who was waiting in line to attend a so-called town hall meeting with McCain that was billed as open to the public.
Carol Kreck, who works as a librarian in Denver, held a homemade sign reading “McCain = Bush.” On orders from McCain’s security detail, police cited her for trespassing and escorted her to the sidewalk. She was told if she returned she would be arrested.
“And all I did was carry a sign that said McCain = Bush,” Kreck said. “And for everyone who voted for Bush, I don’t see why it’s offensive to say McCain = Bush.”
This episode by McCain’s Secret Service appears to be a rerun of McCain’s 2005 town hall in Denver with President Bush in which the Secret Service had three Denver citizens removed from an “open” event where McCain was campaigning with Pres. Bush for his plan to privatize social security.
http://youtube.com/watch?v=W_2YRxW34-4
McCain Gets Testy With Vet Over GI Bill
http://www.youtube.com/watch?v=hzr3pdXqZ98
McCain Complains About Congress’s Vacation
http://www.theseminal.com/2..fter-he-has-missed-367-votes/
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