One 77-year-old’s search for the truth: 9/11, election fraud, illegal wars, Wall Street criminality, a stolen nuke, the neocon wars, control of the U.S. government by global corporations, the unjustified assault on Social Security, media complicity, and the "Great Recession" about to become the second Great Depression. "The most important truths are hidden from us by the powerful few who strive to steal the American dream by keeping We the People in the dark."
Showing posts with label domestic surveillance. Show all posts
Showing posts with label domestic surveillance. Show all posts
Wednesday, August 14, 2013
Paul Craig Roberts explains that "Americans will soon be locked into an unaccountable police state unless US Representatives and Senators find the courage to ask questions and to sanction the executive branch officials who break the law, violate the Constitution, withhold information from Congress, and give false information about their crimes against law, the Constitution, the American people and those in [a host of other countries]." The only way out is impeachment of "the lawless executive branch." "The US faces no threat that justifies the lawlessness and abuse of police powers that characterize the executive branch in the 21st century."
Humanity Is Drowning In Washington’s Criminality — Paul Craig Roberts
August 13, 2013 | Original Here Go here to sign up to receive email notice of this news letter
Humanity Is Drowning In Washington’s Criminality
Paul Craig Roberts
Americans will soon be locked into an unaccountable police state unless US Representatives and Senators find the courage to ask questions and to sanction the executive branch officials who break the law, violate the Constitution, withhold information from Congress, and give false information about their crimes against law, the Constitution, the American people and those in Afghanistan, Pakistan, Yemen, Iraq, Libya, Syria, Somalia, Guantanamo, and elsewhere. Congress needs to use the impeachment power that the Constitution provides and cease being subservient to the lawless executive branch. The US faces no threat that justifies the lawlessness and abuse of police powers that characterize the executive branch in the 21st century.
Impeachment is the most important power of Congress. Impeachment is what protects the citizens, the Constitution, and the other branches of government from abuse by the executive branch. If the power to remove abusive executive branch officials is not used, the power ceases to exist. An unused power is like a dead letter law. Its authority disappears. By acquiescing to executive branch lawlessness, Congress has allowed the executive branch to place itself above law and to escape accountability for its violations of law and the Constitution.
National Intelligence Director James R. Clapper blatantly lied to Congress and remains in office. Keith B. Alexander, Director of the National Security Agency, has also misled Congress, and he remains in office. Attorney General Holder avoids telling Congress the truth on just about every subject, and he also remains in office. The same can be said for President Obama, one of the great deceivers of our time, who is so adverse to truth that truth seldom finds its way out of his mouth.
If an American citizen lies to a federal investigator, even if not under oath, the citizen can be arrested, prosecuted, and sent to prison. Yet, these same federal personnel can lie to Congress and to citizens with impunity. Whatever the American political system is, it has nothing whatsoever to do with accountable government. In Amerika no one is accountable but citizens, who are accountable not only to law but also to unaccountable charges for which no evidence is required.
Congress has the power to impeach any presidential appointee as well as the president. In the 1970s Congress was going to impeach President Richard Nixon simply because he lied about when he learned of the Watergate burglary. To avoid impeachment, Nixon resigned. In the 1990s, the House impeached President Bill Clinton for lying about his sexual affair with a White House intern. The Senate failed to convict, no doubt as many had sexual affairs of their own and didn’t want to be held accountable themselves.
In the 1970s when I was on the Senate staff, corporate lobbyists would send attractive women to seduce Senators so that the interest groups could blackmail the Senators to do their bidding. Don’t be surprised if the NSA has adopted this corporate practice.
The improprieties of Nixon and Clinton were minor, indeed of little consequence, when compared to the crimes of George W. Bush and Obama, their vice presidents, and the bulk of their presidential appointees. Yet, impeachment is “off the table,” as Nancy Pelosi infamously declared. http://www.nytimes.com/cq/2006/11/08/cq_1916.html Why do Californian voters send a person to Congress who refuses to protect them from an unaccountable executive branch? Who does Nancy Pelosi serve? Certainly not the people of California. Most certainly not the US Constitution. Pelosi is in total violation of her oath of office. Will Californians re-elect her yet again? Little wonder America is failing.
The question demanding to be asked is: What is the purpose of the domestic surveillance of all Americans? This is surveillance out of all proportion to the alleged terrorist threat. The US Constitution is being ignored and domestic law violated. Why? Does the US government have an undeclared agenda for which the “terrorist threat” is a cover?
What is this agenda? Whose agenda is more important than the US Constitution and the accountability of government to law? No citizen is secure unless government is accountable to the Constitution and to law. It is an absurd idea that any American is more threatened by terrorism than by unaccountable government that can execute them, torture them, and throw them in prison for life without due process or any accountability whatsoever. Under Bush/Obama, the US has returned to the unaccountable power of caesars, czars, and autocrats.
In the famous play, “A Man For All Seasons,” Sir Thomas More, Chancellor of England, asks: So, you would have me to cut down the law in order to chase after devils? And what will we do, with the law cut down, when the devil turns on us?
This is the most important legal question ever asked, and it is seldom asked today, not in our law schools, not by our bar associations, and most certainly not by the Justice (sic) Department or US Attorneys.
American conservatives regard civil liberties as mere excuses for liberal judges to coddle criminals and terrorists. Never expect a conservative Republican, or more than two or three of them, to defend your civil liberty. Republicans simply do not believe in civil liberty. Democrats cannot conceive that Obama–the first black president in office, a member of an oppressed minority–would not defend civil liberty. This combination of disinterest and denial is why the US has become a police state.
Civil liberty has few friends in government, the political parties, law schools, bar associations, or the federal judiciary. Consequently, no citizen is secure. Recently, a housewife researched online for pressure cookers looking for the best deal. Her husband was searching for a backpack. The result was that a fully armed SWAT team appeared at the door demanding to search the premises and to have questions answered. http://www.theatlanticwire.com/national/2013/08/government-knocking-doors-because-google-searches/67864/
I am always amazed when someone says: “I haven’t done anything wrong. I have nothing to fear.” If you have nothing to fear from the government, why did the Founding Fathers put the protections in the Constitution that Bush and Obama have stripped out? Unlike the Founding Fathers who designed our government to protect the citizens, the American sheeple trust the government to their own demise.
Glenn Greenwald recently explained how the mass of data that is being accumulated on every American is being mined for any signs of non-terrorist-related criminal behavior. As such warrantless searches are illegal evidence in a criminal trial, the authorities disguise the illegal way in which the evidence is obtained in order to secure conviction based on illegally obtained evidence. http://www.informationclearinghouse.info/article35773.htm
In other words, the use of the surveillance justified by the “war on terror” has already spread into prosecutions of ordinary criminals where it has corrupted legal safeguards and the integrity, if any, of the criminal court system, prosecutors and judges.
This is just one of the many ways in which you have much to fear, whether you think you are doing anything wrong or not. You can be framed for crimes based on inferences drawn from your Internet activity and jokes with friends on social media. Jurors made paranoid by the “terrorist threat” will convict you.
We should be very suspicious of the motive behind the universal spying on US citizens. The authorities are aware that the terrorist threat does not justify the unconstitutional and illegal spying. There have been hardly any real terrorist events in the US, which is why the FBI has to find clueless people around whom to organize an FBI orchestrated plot in order to keep the “terrorist threat” alive in the public’s mind. At last count, there have been 150 “sting operations” in which the FBI recruits people, who are out of touch with reality, to engage in a well-paid FBI designed plot. Once the dupes agree, they are arrested as terrorists and the plot revealed, always with the accompanying statement that the public was never in any danger as the FBI was in control.
When 99 percent of all terrorism is organized by the FBI, why do we need NSA spying on every communication of every American and people in the rest of the world?
Terrorism seldom comes from outside. The source almost always is the government in power. The Czarist secret police set off bombs in order to blame and arrest labor agitators. The Nazis burned down the Reichstag in order to decimate the communists and assume unaccountable power in the name of “public safety.” An alleged terrorist threat is a way of using fear to block popular objection to the exercise of arbitrary government power.
In order to be “safe from terrorists,” the US population, with few objections, has accepted the demise of their civil liberties, such as habeas corpus, which reaches back centuries to Magna Carta as a constraint on government power. How, then, are they safe from their government? Americans today are in the same position as the English prior to the Great Charter of 1215. Americans are no longer protected by law and the Constitution from government tyranny.
The reason the Founding Fathers wrote the Constitution was to make citizens safe from their government. If citizens allow the government to take away the Constitution, they might be safe from foreign terrorists, but they are no longer safe from their government.
Who do you think has more power over you, foreign terrorists or “your” government?
Washington defines all resistance to its imperialism and tyranny as “terrorism.” Thus, Americans who defend the environment, who defend wildlife, who defend civil liberties and human rights, who protest Washington’s wars and robbery of the people in behalf of special interests, all become “domestic extremists,” the term Homeland Security has substituted for “terrorist.” Those who are out of step with Washington and the powerful private interests that exploit us, other peoples, and the earth for their profits and power fall into the wrong side of Bush’s black and white division of the world: “you are for us or against us.”
In the United States independent thought is on the verge of being criminalized as are constitutionally guaranteed protests and the freedom of the press. http://www.theguardian.com/commentisfree/2013/aug/10/james-risen-prison-journalism-criminalised The constitutional principle of freedom of speech is being redefined as treason, as aiding an undefined enemy, and as seeking to overthrow the government by casting aspersions on its motives and revealing its secret misdeeds. The power-mad inhabitants of Washington have brought the US so close to Gestapo Germany and Stalinist Russia that it is no longer funny. Indeed, it is sometimes difficult to see the difference.
The neoconservatives have declared that Americans are the “exceptional” and “indispensable people.” Yet, the civil liberties of Americans have declined the more “exceptional” and “indispensable” that Americans become. We are now so exceptional and indispensable that we no longer have any rights.
And neither does the rest of the world. Neoconservatism has created a new dangerous American nationalism. Neoconservatives have given Washington a monopoly on right and endowed its military aggressions with a morality that supersedes the Geneva Conventions and human rights. Washington, justified by its “exceptionalism,” has the right to attack populations in countries with which Washington is not at war, such as Pakistan and Yemen. Washington is using the cover of its “exceptionalism” to murder people in many countries. http://news.antiwar.com/2013/08/11/us-drones-pound-yemen-but-targets-arent-all-militants/print/ Hitler tried to market the exceptionalism of the German people, but he lacked Washington’s Madison Avenue skills.
Washington is always morally right, whatever it does, and those who report its crimes are traitors who, stripped of their coddling by civil liberties, are locked away and abused until they confess to their crimes against the state. Anyone who tells the truth, such as Bradley Manning, Julian Assange, and Edward Snowden, are branded enemies of the state and are ruthlessly persecuted.
How does the “indispensable, exceptional nation” have a diplomatic policy? How can a neoconized State Department be based on anything except coercion? It can’t. That is why Washington produces nothing but war and threats of war.
Wherever a person looks, whatever a person hears, it is Washington’s threat–“we are going to bomb you into the stone age” if you don’t do what we want and agree to what we require. We are going to impose “sanctions,” Washington’s euphemism for embargoes, and starve your women and children to death, permit no medical supplies, ban you from the international payments system unless you relent and consent to being Washington’s puppet, and ban you from posting your news broadcasts on the Internet.
This is the face that Washington presents to the world: the hard, mean face of a tyrant.
Washington’s power will survive a bit longer, because there are still politicians in Europe, the Middle East, Africa, Asia, Latin America and in Canada, Australia, New Zealand, and the NGOs in Russia, who are paid off by the almighty dollar. In exchange for Washington’s money, they endorse Washington’s immorality and murderous destruction of law and life.
But the dollar is being destroyed by Quantitative Easing, and the domestic US economy is being destroyed by jobs offshoring. http://www.manufacturingnews.com/news/TAA0731131.html
Rome was powerful until the Germans ceased to believe it. Then the rotten edifice collapsed. Washington faces sooner or later the same fate. An inhumane, illegal, unconstitutional regime based on violence alone, devoid of all morality and all human compassion, is not acceptable to China, Russia, India, Iran, and Brazil, or to readers of this column.
The evil that is Washington cannot last forever. The criminals might destroy the world in nuclear war, but the lawlessness and lack of humanity in Washington, which murders more people as I write, is no longer acceptable to the rest of the world, not even to its European puppet states, despite the leaders being on Washington’s payroll.
Gorbachev is correct. The collapse of the Soviet Union was a debacle for the entire world. It transformed the US from the “city upon the hill,” the “beacon for humanity,” into an aggressive militarist state. Consequently, Amerika has become despised by everyone who has a moral conscience and a sense of justice.
Thursday, June 27, 2013
Once again, Juan Cole cuts to the chase. Don't look for this in the "mainstream" media. But do keep an eye out for police stateness.
Top Ten American Steps toward a Police State
Posted on 06/23/2013 by Juan Cole Original Here
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| Welcome to Informed Comment, where I do my best to provide an independent and informed perspective on Middle Eastern and American politics. |
1. The United States National Security Administration recently requisitioned all Verizon phone records in the US for a period of 3 months. Your telephone records (who you called and for how long) say a great deal about you. This is a form of mass surveillance.
2. The US has assigned 250 NSA agents to sift through a massive further British database of US telecommunications and email, derived from attaching packet analyzers to transatlantic fiber optic cables.
3. The Federal government claims the right to examine the contents of the laptops of US citizens whenever the enter the United States, in contravention of the Fourth Amendment. Some 60 million Americans travel abroad annually.
4. The US has the highest incarceration rate in the world. Those in prison have grown from 220 per 100,000 population to over 700 per 100,000 population since 1980. The US holds over two million inmates, and has 6 million people at any one time under carceral supervision– more than were in Stalin’s Gulag. State spending on prisons has risen at 6 times the rate of spending on higher education.
5. Some 6 million persons convicted of felonies have been disenfranchised and cannot vote. Most are not in prison. Because of the ‘war on drugs,’ many of these persons are not actually guilty of serious crimes. The practice hits the poor and minorities. Some 7 percent of African-Americans is ineligible to vote, but less than 2 percent of whites is.
6. Police can take DNA samples of all arrestees on serious crimes, whether they are proven guilty or not. Even Justice Scalia believes the ruling opens the door for DNA sample collection for all arrests. Some 13 million Americans are arrested annually, 1.6 million on drugs charges and half of those on marijuana charges.
7. American police are becoming militarized, with SWAT teams proliferating, and use of drones, GPS tracking devices, and military equipment, as well as participation of National Guards in the ‘war on drugs.’
8. Legislators are increasingly attempting to criminalize public protest, as with a current bill that would make it a crime knowingly to ‘trespass’ in security zones where persons are found who are under secret service protection. Authorities have sometimes also attempted to restrict public protesters to “protest zones”, thus keeping them out of the view of news cameras.
9. The USA PATRIOT Act institutes gag orders that are a violation of the 1st Amendment,forbidding persons and companies from revealing that the government has secretly asked for surveillance records.
10. The same act allows government agencies (including the Pentagon) to issue “National Security Letters” without any warrant, making broad and unspecific demands for records on large numbers of persons.
Saturday, June 08, 2013
You better watch out. You better not cry. Better not pout. I'm telling you why. Big Brother is coming to town. He's making a list. And checking it twice; Gonna find out Who's naughty and nice. Big Brother is coming to town. He sees you when you're sleeping. He knows when you're awake. He knows if you've been bad or good. So be good for goodness sake! O! You better watch out! You better not cry. Better not pout I'm telling you why. Big Brother is coming to town...
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NSA PRISM program taps in to user data of Apple, Google and others
• Top secret PRISM program claims direct access to servers of firms including Google, Skype and Yahoo
• Companies deny any knowledge of program in operation since 2007
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| A slide depicting the top-secret PRISM program |
The NSA access is part of a previously undisclosed program called PRISM, which allows officials to collect material including search history, the content of emails, file transfers and live chats, the document says.
The Guardian has verified the authenticity of the document, a 41-slide PowerPoint presentation – classified as top secret with no distribution to foreign allies – which was apparently used to train intelligence operatives on the capabilities of the program. The document claims "collection directly from the servers" of major US service providers.
Although the presentation claims the program is run with the assistance of the companies, all those who responded to a Guardian request for comment on Thursday denied knowledge of any such program.
In a statement, Google said: "Google cares deeply about the security of our users' data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government 'back door' into our systems, but Google does not have a back door for the government to access private user data."
Several senior tech executives insisted that they had no knowledge of PRISM or of any similar scheme. They said they would never have been involved in such a program. "If they are doing this, they are doing it without our knowledge," one said.
An Apple spokesman said it had "never heard" of PRISM.
The NSA access was enabled by changes to US surveillance law introduced under President Bush and renewed under Obama in December 2012.
The program facilitates extensive, in-depth surveillance on live communications and stored information. The law allows for the targeting of any customers of participating firms who live outside the US, or those Americans whose communications include people outside the US.
It also opens the possibility of communications made entirely within the US being collected without warrants.
Disclosure of the PRISM program follows a leak to the Guardian on Wednesday of a top-secret court order compelling telecoms provider Verizon to turn over the telephone records of millions of US customers.
The participation of the internet companies in PRISM will add to the debate, ignited by the Verizon revelation, about the scale of surveillance by the intelligence services. Unlike the collection of those call records, this surveillance can include the content of communications and not just the metadata.
Some of the world's largest internet brands are claimed to be part of the information-sharing program since its introduction in 2007. Microsoft – which is currently running an advertising campaign with the slogan "Your privacy is our priority" – was the first, with collection beginning in December 2007.
It was followed by Yahoo in 2008; Google, Facebook and PalTalk in 2009; YouTube in 2010; Skype and AOL in 2011; and finally Apple, which joined the program in 2012. The program is continuing to expand, with other providers due to come online.
Collectively, the companies cover the vast majority of online email, search, video and communications networks.
The extent and nature of the data collected from each company varies.
Companies are legally obliged to comply with requests for users' communications under US law, but the PRISM program allows the intelligence services direct access to the companies' servers. The NSA document notes the operations have "assistance of communications providers in the US".
The revelation also supports concerns raised by several US senators during the renewal of the Fisa Amendments Act in December 2012, who warned about the scale of surveillance the law might enable, and shortcomings in the safeguards it introduces.
When the FAA was first enacted, defenders of the statute argued that a significant check on abuse would be the NSA's inability to obtain electronic communications without the consent of the telecom and internet companies that control the data. But the PRISM program renders that consent unnecessary, as it allows the agency to directly and unilaterally seize the communications off the companies' servers.
A chart prepared by the NSA, contained within the top-secret document obtained by the Guardian, underscores the breadth of the data it is able to obtain: email, video and voice chat, videos, photos, voice-over-IP (Skype, for example) chats, file transfers, social networking details, and more.
The document is recent, dating to April 2013. Such a leak is extremely rare in the history of the NSA, which prides itself on maintaining a high level of secrecy.
The PRISM program allows the NSA, the world's largest surveillance organisation, to obtain targeted communications without having to request them from the service providers and without having to obtain individual court orders.
With this program, the NSA is able to reach directly into the servers of the participating companies and obtain both stored communications as well as perform real-time collection on targeted users.
The presentation claims PRISM was introduced to overcome what the NSA regarded as shortcomings of Fisa warrants in tracking suspected foreign terrorists. It noted that the US has a "home-field advantage" due to housing much of the internet's architecture. But the presentation claimed "Fisa constraints restricted our home-field advantage" because Fisa required individual warrants and confirmations that both the sender and receiver of a communication were outside the US.
"Fisa was broken because it provided privacy protections to people who were not entitled to them," the presentation claimed. "It took a Fisa court order to collect on foreigners overseas who were communicating with other foreigners overseas simply because the government was collecting off a wire in the United States. There were too many email accounts to be practical to seek Fisas for all."
The new measures introduced in the FAA redefines "electronic surveillance" to exclude anyone "reasonably believed" to be outside the USA – a technical change which reduces the bar to initiating surveillance.
The act also gives the director of national intelligence and the attorney general power to permit obtaining intelligence information, and indemnifies internet companies against any actions arising as a result of co-operating with authorities' requests.
In short, where previously the NSA needed individual authorisations, and confirmation that all parties were outside the USA, they now need only reasonable suspicion that one of the parties was outside the country at the time of the records were collected by the NSA.
The document also shows the FBI acts as an intermediary between other agencies and the tech companies, and stresses its reliance on the participation of US internet firms, claiming "access is 100% dependent on ISP provisioning".
In the document, the NSA hails the PRISM program as "one of the most valuable, unique and productive accesses for NSA".
It boasts of what it calls "strong growth" in its use of the PRISM program to obtain communications. The document highlights the number of obtained communications increased in 2012 by 248% for Skype – leading the notes to remark there was "exponential growth in Skype reporting; looks like the word is getting out about our capability against Skype". There was also a 131% increase in requests for Facebook data, and 63% for Google.
The NSA document indicates that it is planning to add Dropbox as a PRISM provider. The agency also seeks, in its words, to "expand collection services from existing providers".
The revelations echo fears raised on the Senate floor last year during the expedited debate on the renewal of the FAA powers which underpin the PRISM program, which occurred just days before the act expired.
Senator Christopher Coons of Delaware specifically warned that the secrecy surrounding the various surveillance programs meant there was no way to know if safeguards within the act were working.
"The problem is: we here in the Senate and the citizens we represent don't know how well any of these safeguards actually work," he said.
"The law doesn't forbid purely domestic information from being collected. We know that at least one Fisa court has ruled that the surveillance program violated the law. Why? Those who know can't say and average Americans can't know."
Other senators also raised concerns. Senator Ron Wyden of Oregon attempted, without success, to find out any information on how many phone calls or emails had been intercepted under the program.
When the law was enacted, defenders of the FAA argued that a significant check on abuse would be the NSA's inability to obtain electronic communications without the consent of the telecom and internet companies that control the data. But the PRISM program renders that consent unnecessary, as it allows the agency to directly and unilaterally seize the communications off the companies' servers.
When the NSA reviews a communication it believes merits further investigation, it issues what it calls a "report". According to the NSA, "over 2,000 PRISM-based reports" are now issued every month. There were 24,005 in 2012, a 27% increase on the previous year.
In total, more than 77,000 intelligence reports have cited the PRISM program.
Jameel Jaffer, director of the ACLU's Center for Democracy, that it was astonishing the NSA would even ask technology companies to grant direct access to user data.
"It's shocking enough just that the NSA is asking companies to do this," he said. "The NSA is part of the military. The military has been granted unprecedented access to civilian communications.
"This is unprecedented militarisation of domestic communications infrastructure. That's profoundly troubling to anyone who is concerned about that separation."
A senior administration official said in a statement: "The Guardian and Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. This law does not allow the targeting of any US citizen or of any person located within the United States.
"The program is subject to oversight by the Foreign Intelligence Surveillance Court, the Executive Branch, and Congress. It involves extensive procedures, specifically approved by the court, to ensure that only non-US persons outside the US are targeted, and that minimize the acquisition, retention and dissemination of incidentally acquired information about US persons.
"This program was recently reauthorized by Congress after extensive hearings and debate.
"Information collected under this program is among the most important and valuable intelligence information we collect, and is used to protect our nation from a wide variety of threats.
"The Government may only use Section 702 to acquire foreign intelligence information, which is specifically, and narrowly, defined in the Foreign Intelligence Surveillance Act. This requirement applies across the board, regardless of the nationality of the target."
Additional reporting by James Ball and Dominic Rushe
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Friday, April 27, 2012
NATIONAL SECURITY AGENCY WHISTLEBLOWER WILLIAM BINNEY: "AFTER 9/11 ALL WRAPS CAME OFF FOR NSA AND THEY DECIDED TO ... ELIMINATE THE PROTECTIONS ON U.S. CITIZENS AND COLLECT [CYBER DATA] DOMESTICALLY." BLOGGER: "WHY IS IT THAT THE NSA, FBI, CIA, NORAD, ETC. ALL FAILED TO PREVENT 9/11? AND IF THE 9/11 ATTACKS WERE TRULY FROM THE OUTSIDE, WHY RESPOND WITH WARRENTLESS SPYING ON *AMERICANS*?" POGO: "WE HAVE MET THE ENEMY AND THEY ARE US."
THURSDAY, APRIL 26, 2012  Permalink
CISPA Critics Warn Cybersecurity Bill Will Increase Domestic Surveillance and Violate Privacy Rights
As it heads toward a House vote, critics say the Cyber Intelligence Sharing and Protection Act (CISPA) would allow private internet companies like Google, Facebook and Microsoft to hand over troves of confidential customer records and communications to the National Security Agency, FBI and Department of Homeland Security, effectively legalizing a secret domestic surveillance program already run by the NSA. Backers say the measure is needed to help private firms crackdown on foreign entities — including the Chinese and Russian governments — committing online economic espionage. The bill has faced widespread opposition from online privacy advocates and even the Obama administration, which has threatened a veto. "CISPA … will create an exception to all existing privacy laws so that companies can share very sensitive and personal information directly with the government, including military agencies like the National Security Agency," says Michelle Richardson, legislative counsel for the American Civil Liberties Union. "Once the government has it, they can repurpose it and use it for a number of things, including an undefined national security use." [ORIGINAL includes rush transcript]
Guest:
Michelle Richardson, legislative counsel for the American Civil Liberties Union.
Targeted Hacker Jacob Appelbaum on CISPA, Surveillance and the "Militarization of Cyberspace"
Computer security researcher Jacob Appelbaum argues the measures included in the proposed Cyber Intelligence Sharing and Protection Act (CISPA) would essentially legalize military surveillance of U.S. citizens. "When they want to dramatically expand their ability to do these things in a so-called legal manner, it’s important to note what they’re trying to do is to legalize what they have already been doing," Appelbaum says. He is a developer and advocate for the Tor Project, a network enabling its users to communicate anonymously on the internet, and has volunteered with WikiLeaks. [ORIGINAL includes rush transcript]
Computer security researcher Jacob Appelbaum argues the measures included in the proposed Cyber Intelligence Sharing and Protection Act (CISPA) would essentially legalize military surveillance of U.S. citizens. "When they want to dramatically expand their ability to do these things in a so-called legal manner, it’s important to note what they’re trying to do is to legalize what they have already been doing," Appelbaum says. He is a developer and advocate for the Tor Project, a network enabling its users to communicate anonymously on the internet, and has volunteered with WikiLeaks. [ORIGINAL includes rush transcript]
Guest:
Jacob Appelbaum, computer security researcher who has volunteered with WikiLeaks. He is a developer and advocate for the Tor Project, a system enabling its users to communicate anonymously on the internet.
Jacob Appelbaum, computer security researcher who has volunteered with WikiLeaks. He is a developer and advocate for the Tor Project, a system enabling its users to communicate anonymously on the internet.
Wednesday, October 06, 2010
Michael Collins: Lawless Nation, Part I of III
Lawless Nation: The Executive Branch
Written by Michael Collins
Monday, 04 October 2010
The principal of unfettered executive power, absent political and judicial restraint, was officially established. Executive power, writes Michael Collins, now supersedes established law.
Selected to run by the powerful and wealthy, promising the public one thing and delivering another after elected, the President of the United States is the focus of a new political doctrine - the unitary executive. The office of the president has rapidly become a law unto itself over the past ten years. (Image)
Some time before February 2010, the President of the United States authorized the assassination of a U.S. citizen living overseas. The citizen was identified by the White House as a terrorist.
Unlike previous government programs to kill individuals overseas, this one wasn't a covert operation. The program was openly announced, without qualification. Dennis Blair, the Director of National Intelligence, discussed the plan in February at a congressional hearing. A few weeks later, John O. Brennan, the president's National Security Adviser, announced that the marked man was one of "dozens" of U.S. citizens put on the presidential death list because "they are very concerning to us."
The principal of unfettered executive power, absent political and judicial restraint, was officially established. Executive power now supersedes established law.
We have come to the point where the president can openly designate a U.S. citizen as a terrorist removing all rights, including the right to life. The administration implied that this was for overseas targets only. But recall that the illegal wiretapping program was originally for overseas calls only. It rapidly spread to domestic surveillance as well.
We have laws that require investigations, indictments, and trials prior to applying any sentence, let alone the death penalty. Those laws were cast aside, replaced by executive fiat.
Who spoke out against this assumption of executive prerogative? Very few. What is the next step?
Will terrorists designated by the executive branch be targeted for execution in what is now referred to as the homeland?
This open proclamation of lawlessness by the president was asserted and accepted without so much as a whimper by the other branches of government, political leaders, and the mainstream media.
War Making and other Lawlessness
The broadest premeditated program of lawlessness by the executive branch concerns war making. The U.S. has not declared a war since World War II when President Franklin D. Roosevelt gained congressional approval for declarations of war against Japan and Germany in December, 1941, then Bulgaria, Hungary, and Romania in June, 1942.
The military efforts in Korea, Vietnam, and Iraq, for example, were all wars. Yet, with one exception, every president since Franklin D. Roosevelt committed the nation to war or the continuation of war without the required congressional declaration.
The Constitution couldn't be more explicit. Only Congress has the power to declare war: "The Congress shall have power to … Declare war …" (Article I, Section 8). Calling a war by another name does not justify bypassing the requirement for congressional action. It's still a war. Yet the governing law, the U.S. Constitution, has been ignored time and again.
This is the ultimate lawlessness. It invokes the major efforts of people, material, and ongoing expenditures. These wars result in injuries, deaths, and destruction in the nations attacked and injury and death to U.S. citizens unlawfully committed. In addition, the wars fuel substantial ill will and hostility toward the United States.
Congress has been consulted, so to speak, about these wars. Prior to the 2003 invasion of Iraq, for example, President Bush had to prove that Iraq was an imminent danger to the United States. The intelligence community produced a report that wrongly indicated that Iraq had weapons of mass destruction. But the only scenario listed for a Saddam Hussein attack on the U.S. was in the case that the U.S. attacked Iraq; the very act the president asked Congress to authorize due to an imminent danger that never existed.
In addition, the pretext for war, 9/11, was bolstered with hysterical fear-mongering that the non existent weapons of mass destruction would be used here. No credible finding was (or has been) made that Iraq had anything to do with 9/11 and George W. Bush has explicitly denied any connection.
This illegal invasion and undeclared war were based on a deliberate lie, a 180 degree reversal of the intelligence report used to justify a preemptive invasion. Lying in order to launch an invasion is a crime. Nothing was done to punish the lying by the president and nothing much was said by those in power to indicate that a war based on lies needed to be stopped.
Disregard for the law continued after the invasion. Security threats created by the invasion were used as the rationale for presidential license to violate established law. The secret, illegal wiretapping of citizens by the Bush administration violated multiple U.S. laws protecting a citizen's right to privacy.
The torture of prisoners captured in the Iraq and Afghanistan wars was another presidential act in full defiance of established law. Rather than provide information, the unlawful techniques actually inspired greater resistance.
Architecture of a Totalitarian State
The architecture of a totalitarian state is almost fully in place and the lawless implementation is accelerating. While the Bush violations of the Constitution and various federal codes were greeted with shock in some quarters, the staid declaration of a presidential assassination order by Nobel Peace Prize winner, President Barack Obama, was met with virtually no resistance by Congress.
The president, can point to congressional authorization for its acts and judicial tolerance when those acts are challenged. But that doesn't change the fact that the Constitution and the laws it embodies and protects have been savaged.
We are ruled by a lawless executive branch, by presidents who routinely ignore the law. The chief executive in our system is unchecked.
Presidents also make sure that others are never held accountable for these lawless acts, including their predecessors from the opposition party. It is a perpetual and predictable process of occasional feigned concern that masks a profound indifference to the law and protects those who do the most damage through that indifference.
Those with any doubts about a lawless nation need only refer to the suit filed against the presidential assassination program. Two civil rights groups seek to stop the program based on long-standing and clear U.S. and international law.
The administration's response was that the suit should be dismissed since a trial would require the release of state "secrets", i.e., the reasons and motives for their extra-judicial murders and how their information was obtained. The executive branch simply declares that its decisions are beyond any review. Our current president continues to animate the unitary executive Frankenstein created by Addington, Bybee, and Yoo.
Unfettered executive power is allowed by an enabling Congress and a complicit federal judiciary. The three branches of government form a seamless whole of self-supporting lawlessness.
Special thanks to Michael Green and Andrew Kreig for their very helpful comments.
Michael Collins is a writer who focuses on clean elections and voting rights. He is the publisher of the web site The Money Party. His Scoop Independent News articles can be found here.
Reprinted with the permission of the author.
This article may be reproduced in part or in while with attribution of authorship and a link to this article.
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