Dragnet surveillance is about power and social control, not public safety
PRIVACYSOS | May 22, 2015
Attorney General Loretta Lynch says that USA Patriot Act dragnet spy powers must be extended or else the terrorists will get us.
Lynch said Friday the country would be “less safe” if Congress fails to renew surveillance programs included in the Patriot Act.
Lynch joined other top Obama administration officials, who are urging the Senate to pass the USA Freedom Act, which would reform the National Security Agency’s (NSA) bulk phone records collection program while renewing other key parts of the post-Sept. 11 law.
“Our biggest fear is that we will lose important eyes on people who have made it clear that their mission is to harm American people here and abroad,” Lynch told CBS News in her first interview since becoming attorney general.
If NSA’s phone metadata program expires completely, Lynch said the U.S. government would lose “important tools” to identify terror threats.“I think that we run the risk of essentially being less safe,” Lynch added. “I think that we lose the ability to intercept these communications, which have proven very important in cases that we have built in the past. And I am very concerned that the American people will be unprotected if this law expires.”
Lynch didn’t marshal any evidence to support her claims about the connection between dragnet spying and public safety. That’s because there isn’t one. Even the Department of Justice has acknowledged as much, writing in an Inspector General report that FBI agents interviewed couldn’t identify “any major case developments” tied to Section 215 of the Patriot Act, the provision the FBI claims enables dragnet spying.
Surveillance boosters have never been able to point to a circumstance—even one example—that proves dragnet surveillance is vital in stopping terrorism. Some insiders in the security state have observed that the bigger the haystack, the more difficult it is to successfully use intelligence information to identify and track threatening people. More information is not better. Better information is better, they say.
Loretta Lynch says she fears that if the Patriot Act isn’t reauthorized, “we will lose important eyes on people who have made it clear that their mission is to harm American people here and abroad.” That’s total nonsense. Anyone who “makes it clear” that they want to kill Americans is someone a judge would authorize targeted surveillance against. The government should leave the rest of us out of it.
Just about every recent terrorist attack on US and European soil has been committed by someone known to law enforcement. That’s true for the Garland, Texas shooter and for Tamerlan Tsarnaev, who blew up the Boston Marathon in April 2013. The government doesn’t need to spy on you and me in order to track people it already suspects of being up to no good.
You might be wondering: If dragnet spying doesn’t stop terrorism, and most terrorists are known to law enforcement, why do the FBI and the new Attorney General insist on renewing the Patriot Act’s worst provisions? It’s an important question, with a depressing answer.
The reason Lynch’s claims about dragnet spying don’t add up is because they are based on a perversion of the true purpose served by society wide surveillance. While the Patriot Act doesn’t stop terrorism, it’s quite good at enabling social and political control, and finding people who are vulnerable and may be easily coerced into becoming FBI informants.
If surveillance boosters were honest about why they want these powers, you might hear them talking less about terrorism and more about power. Add your voice: take action now to tell congress to reject dragnet surveillance.
The Clock is Still Running: Neither NSA Reform Nor Reauthorization Advances in Senate
By Lee Tien | EFF | May 22, 2015
Tonight, the US Senate failed to move ahead with the USA Freedom Act, an NSA reform bill that would address phone record surveillance and FISA Court transparency and fairness. It also was unable to muster votes for a temporary reauthorization of Section 215 of the Patriot Act, the section of law used to justify the mass phone records surveillance program. That’s good news: if the Senate stalemate continues, the mass surveillance of everyone’s phone records will simply expire on June 1.
Section 215 of the Patriot Act has been wrongly interpreted in secret by the government for years. We commend every Senator who voted against reauthorizing the unconstitutional surveillance of millions of law-abiding Americans.
In the wake of tonight’s vote, Congress must stop stalling and address the surveillance and secrecy abuses of our government.
The battle isn’t over. Senator Majority Leader Mitch McConnell is calling for another attempt to reauthorize Section 215 on Sunday May 31, only hours before the provision is set to expire.
EFF urges Congress to again reject Section 215 reauthorization, and then turn to addressing other surveillance abuses by the US government, including mass surveillance of the Internet, the secretive and one-sided FISA Court, and the problems of secrecy and over-classification that have created the environment that allowed such spying overreach to flourish.
The Senate’s Excuses for Reauthorizing Section 215–and Why They’re Wrong
By Mark Jaycox | EFF | May 19, 2015
Three provisions of the Patriot Act expire on June 1 and Senate Majority Leader Mitch McConnell is trying to delay taking action on the issue by calling for a two month or 5-year reauthorization of Section 215—the provision of the Patriot Act the NSA relies on to collect millions of Americans call records.
Before June 1 we expect to see plenty of fear-mongering from intelligence officials and national security hawks. Last year, the Wall Street Journal began the foray with an op-ed by Former NSA Director General Mike Hayden and former Attorney General Michael Mukasey—key architects of many of the NSA’s unlawful activities. This time, the mongering started with op-eds by John Yoo, Senator Marco Rubio, and Senator Tom Cotton.
Here are the top excuses officials will use to continue spying on Americans calling records and why they’re wrong:
Congress Needs Time to Debate
“I don’t know how we have the kind of fulsome debate that is going to be required on NSA without passing a temporary extension,” —Sen. John Cornyn
Congress has had two full years to publicly debate the NSA’s use of Section 215. Indeed, the debate has been vigorous and thoughtful. While Congress didn’t create a separate investigative committee, it was still able to hold over a dozen hearings where Section 215 was discussed. The hearings, which called upon officials like the Attorney General, Director of National Intelligence, and Director of the NSA, included hours of testimony on the programs, what they collect, and their effectiveness.
Congress has also debated Section 215 via Senator Patrick Leahy and Jim Sensenbrenner’s reform bill called the USA Freedom Act. Last year, the House passed a gutted bill of the USA Freedom Act, but debated the legislation for days. This year, the House debated a stronger version of the USA Freedom Act and passed it 338 to 88.
The Senate has also debated the legislation. Last year, after two days of debate, the Senate failed to advance a stronger version of the USA Freedom Act by two votes. Congress has had more than enough time to discuss these authorities and must act.
The Section 215 Program is Effective
“This has been a very important part of our effort to defend the homeland since 9/11.” —Sen. Majority Leader Mitch McConnell
There’s one problem: there’s no evidence to support that. Two independent commissions concluded the calling records program was not effective and has not been used to stop a terrorist attack. The first, called the President’s Review Group on Signals Intelligence, concluded “Our review suggests that the information contributed to terrorist investigations by the use of section 215 telephony meta-data was not essential to preventing attacks.”
Like the President’s Review Group, the Privacy and Civil Liberties Oversight Board also concluded:
Based on the information provided to the Board, including classified briefings and documentation, we have not identified a single instance involving a threat to the United States in which the program made a concrete difference in the outcome of a counterterrorism investigation. Moreover, we are aware of no instance in which the program directly contributed to the discovery of a previously unknown terrorist plot or the disruption of a terrorist attack.
The quotes speak for themselves.
Fixing Section 215 Puts the Nation at Risk
“[The USA Freedom Act] would be rolling [the nation] back to exactly where we were pre-9/11. —Sen. Richard Burr
The Attorney General, Director of National Intelligence, and House Intelligence Chair and Ranking Members do not think reforming the Section 215 program will harm national security. Attorneys General Eric Holder and Loretta Lynch and Director of National Intelligence James Clapper wrote letters (.pdf) to Congress noting that Section 215 reform would preserve both “vital national security authorities” and “essential Intelligence Community capabilities.”
The Program is “Lawful”
“Contrary to irresponsible rumors, the [bulk surveillance] program is lawful, carefully monitored, and protects personal privacy. The program does not conduct mass surveillance of American citizens—or any surveillance at all.” —Sen. Cotton and Rep. Mike Pompeo
Apparently, one of the “irresponsible rumors” Sen. Tom Cotton and Rep. Mike Pompeo reference is a decision by the Second Circuit Court of Appeals. (The circuit courts are the federal courts directly below the Supreme Court). The Second Circuit held that the NSA’s telephone records program went far beyond what Congress authorized when it passed Section 215 of the Patriot Act in 2001. The court rejected the government’s secret reinterpretation of Section 215 that has served as the basis for the telephone records collection program. The Second Circuit’s opinion stands as a clear sign that the courts are ready to step in and rule that mass surveillance is illegal.
In addition, the program is “surveillance.” As we’ve repeatedly said: the collection of metadata matters. It reveals a host of information and context about a person’s habits, traits, and beliefs. The Circuit Court opinion explained that metadata is often a proxy for the content of the communication, and that phone records can “reveal a startling amount of detailed information” about callers. The court also recognized that aggregation of calling records matters because collection of large amounts of metadata plus the application of sophisticated data processing technologies gives the government access to even more revealing portraits of individuals and groups.
Congress Must Say No to a Short-Term Reauthorization
In the next few days, Congress will begin to debate whether or not they should vote for a short-term reauthorization of Section 215. The answer is clearly no. Join us now in telling your lawmaker to vote against any short-term reauthorization.
Cameron to announce new totalitarian laws
RT | May 13, 2015
David Cameron will announce new plans on Wednesday to curb extremist activity and radical hate preachers in his new government’s first State Opening of Parliament, commonly known as the Queen’s Speech.
The prime minister will tell the National Security Council the new measures will give police powers to go to the High Court to request orders to prevent “harmful activities” of individuals who pose a “threat to the functioning of democracy.”
The orders have been revived under the new Tory administration after original plans were vetoed by the Liberal Democrats in March 2014 while they were in coalition.
These measures will focus on reducing the presence of those who incite hatred against gender, race or religion on social media and in print.
They will also target those who perpetrate harmful activities for the “purpose of overthrowing democracy.”
Individuals suspected of disseminating inflammatory material will be subject to a ban on broadcasting and a requirement to submit any publications to websites, in print or on social media to the police in advance.
Added powers given to the police will also allow them to close premises where they believe extremists are being given a platform to influence others.
The Charity Commission will also see its power to root out charities which siphon off funds for extremist activities strengthened.
“For too long, we have been a passively tolerant society, saying to our citizens: as long as you obey the law, we will leave you alone. It’s often meant we have stood neutral between different values. And that’s helped foster a narrative of extremism and grievance,” Cameron will tell the National Security Council.
“This government will conclusively turn the page on this failed approach. As the party of one nation, we will govern as one nation and bring our country together. That means actively promoting certain values.
“Freedom of speech. Freedom of worship. Democracy. The rule of law. Equal rights regardless of race, gender or sexuality.
“We must say to our citizens: this is what defines us as a society.”
Home Secretary Theresa May will say the UK cannot ignore extremism.
“The twisted narrative of extremism cannot be ignored or wished away. This government will challenge those who seek to spread hatred and intolerance by forming a new partnership of every person and organization in this country that wants to defeat the extremists,” she is to state.
The new Tory government will also be free to introduce its new ‘Snoopers’ Charter’, which would allow authorities to monitor records of phones, emails and other metadata, now that they are unencumbered by their former-Lib Dem coalition partners.
‘Broadest spying powers imaginable’: SNP MPs plan to block Tory Snoopers’ Charter
RT | May 12, 2015
Scottish Nationalists are hoping to use their new-found parliamentary leverage to block controversial Tory plans to introduce legislation that would see the further erosion of privacy rights across the UK.
As the first days of parliament get under way, Scottish Nationalist Party (SNP) MPs are planning to rail against Tory plans to revive a Data Communications Bill dubbed the Snoopers’ Charter.
SNP leader Nicola Sturgeon’s Westminster MPs plan to achieve this goal by lobbying moderate Tories, who previously opposed Home Secretary Theresa May’s surveillance agenda.
Among the Conservatives that Sturgeon’s party could court is David Davis, a senior Conservative backbencher who triggered a by-election in 2008 over Tory plans to introduce a policy shift that would see terror suspects detained for up to 42 days without trial.
Speaking to the Telegraph on Tuesday, an SNP MP said surveillance falls into a “tricky civil liberties space for the Conservatives where there are fault lines.
“We think the mass collection of data is wrong. There is a line beyond which it is unacceptable for civil liberties can be impinged,” he added.
‘Suspicionless surveillance’
On Friday, Home Secretary Theresa May told the BBC that ramped up surveillance powers are a “key example” of Tory policy that was blocked by the Liberal Democrats during the previous parliament.
May’s announcement angered privacy rights campaigners who warn of the erosion of civil liberties in an era of mass surveillance.
The Snoopers’ Charter would pave the way for internet and mobile phone firms to retain records of customers’ online browsing habits, use of social media, emails, text messaging and voice calls.
In a climate of increased terror threats, the Conservatives argue it would aid British security officials in monitoring online activity and protect the national interest in the process.
However, the European Court of Justice ruled against the legislation last April, warning it would result in human rights violations. The Court outlined a more moderate data retention program at the time that would aid criminal investigations.
Nevertheless, in July 2014 it emerged the government was seeking to push through emergency legislation, which would flout the Court’s judgment and re-legislate for the blanket retention of data.
As a single majority government – in the absence of the Liberal Democrats – the Conservatives are expected to ramp up online surveillance powers quickly.
The SNP’s opposition to these plans will likely be mirrored by Labour and the Lib Dems. Should a few dozen Conservative MPs back their thinking, May’s plans to revive the Snoopers’ Charter could be blocked.
Speaking to RT on Tuesday, Privacy International’s Legal Director Carly Nyst said the Snoopers’ Charter would give UK authorities some of the “broadest spying powers imaginable.
“These powers are nothing short of blanket, suspicionless surveillance of everyone who uses the internet,” she said.
“Should the Snoopers’ Charter be made law, Britons can expect to have every single website they visit, late night phone call they make and embarrassing Google search they enter logged and retained for 12 months,” she added.
On the question of whether SNP MPs would succeed in blocking the Snoopers’ Charter, Nyst predicted the party’s opposition to the legislation would prove troublesome for May.
“The government has declared its strong intention to see this legislation through; however, it must first overcome strong opposition, not only from the SNP, but from ordinary people across the country,” she said.
“It seems clear that the government is going to have a tough time selling to the British people the falsehood that in order for police in this country to do their job, the government needs to completely erode online privacy and expression.”
Privacy rights & privacy wrongs
Prior to the general election, Britain’s Open Rights Group lobbied stringently for parliamentary candidates to radically reform Britain’s mass surveillance policies.
They demanded the incoming government alter the legal framework governing surveillance to protect citizens from intelligence agencies’ routine snooping.
The group’s Executive Director Jim Killock told the Guardian last month he believes privacy rights could be nullified within a decade if the Conservatives and Labour don’t pursue a different approach to surveillance.
Killock also noted that NSA whistleblower Edward Snowden’s revelatory disclosures on GCHQ mass surveillance had little impact on snooping policy from London to Washington.
Classified US documents leaked by Snowden in 2013 caused international outrage when they uncovered the invasive nature of joint UK-US surveillance programs.
The NSA whistleblower’s disclosures revealed US and UK authorities’ ongoing scrutiny of Britons’ email activity, social network records, web browsing history and mobile phone data.
Tory plans to ramp up mass surveillance in Britain come almost 12 months after a poll revealed widespread opposition to state-sponsored snooping in Britain.
The research revealed the vast majority of those surveyed thought that citizens’ financial, medical, and credit information should remain private.
It also showed an overwhelming majority believed web browsing, mobile phone, telephone and email records should remain beyond the gaze of snoops.
Ukrainian Parliament approves law allowing forced relocation of Russian citizens
RT | May 12, 2015
The Ukrainian Parliament has approved new regulations on martial law, which among other things allows for extrajudicial detention and relocation of Russian citizens in the country.
The law was approved by 254 deputies out of 322. It regulates how martial law can be declared in Ukraine and the changes to legal procedures it brings.
These changes include “forced relocation of the citizens of a foreign country who threaten or undertake aggression towards Ukraine,” the law’s memorandum states as cited by TASS. The parliament declared Russia an aggressor on January 27 by adopting a declaration to that end.
Apart from the relocation of foreign citizens, martial law will allow Ukrainian authorities to confiscate private property, regulate mass media, prohibit any rallies, marches and other mass gatherings and initiate the legal process of banning any political party or mass media deemed “acting against Ukraine’s independence.”
It also entails labor conscription for all able-bodied Ukrainians not currently in the army and a possible curfew. In areas of actual fighting, the role of local authorities is passed on to the military command.
This is the new version of the law, which was preliminarily approved on April 9.
For martial law to take hold, the parliament has to approve a corresponding ruling by the Ukrainian president. It can be declared in the whole country or selected regions.
Ottawa plans to outlaw support for boycotting Israel: Report
Press TV – May 12, 2015
Canadian Prime Minister Stephen Harper’s Conservative government has signaled plans to apply hate crime laws against advocacy groups that encourage the boycott of Israel, a report says.
The report by the Canadian broadcaster, CBC News on Monday said the move would target numerous civil society organizations who promote the boycott over the Israeli occupation of Palestinian territories and the expansion of its illegal settlements in the besieged areas.
“If carried out, it would be a remarkably aggressive tactic, and another measure of the Conservative government’s lockstep support for Israeli Prime Minister Benjamin Netanyahu,” the report read.
The Harper government’s intention was revealed in statements by federal ministers to the broadcaster about a “zero tolerance” policy toward groups supporting the Boycott, Divest and Sanction (BDS) movement, which is part of international efforts to pressure Tel Aviv to stop its settlements in the occupied Palestinian territory.
A vast range of Canadian organizations support BDS including the country’s largest Protestant Christian denomination the United Church of Canada, Independent Jewish Voices, which is the chief organizer of the movement’s activity in Canada, various university groups and labor unions.
Asked what the policy means and what the authorities are doing to enforce it, a spokesperson for Public Safety Minister Steven Blaney, detailed in a written statement a list of the country’s updated hate laws.
“We will not allow hate crimes to undermine our way of life, which is based on diversity and inclusion,” the spokesperson added.
Canadian civil liberty groups criticized the government plans, saying it would almost certainly be challenged under the country’s Charter of Rights and Freedoms.
This is the latest move the Canadian government is planning to muzzle the BDS movement and supporters of the cause.
In January, Canada’s then foreign minister, John Baird, signed a “memorandum of understanding” with the Israeli regime in al-Quds (Jerusalem), pledging to combat BDS, a movement the agreement described as “the new face of anti-Semitism.”
Last year, Ottawa changed the country’s Criminal Code, expanding the definition of hate speech to include statements against “national origin” along with race and religion.
Micheal Vonn, a lawyer for the British Columbia Civil Liberties Association, said the change in the country’s criminal code is clearly “a tool to go after critics of Israel.”
The presence and continued expansion of Israeli settlements in occupied Palestine has created a major obstacle for the efforts to establish peace in the Middle East.
Last month, 16 European foreign ministers condemned the “expansion of Israeli illegal settlements in the Occupied Territories,” demanding that all imported goods originating from settlements be distinctly labeled.
More than half a million Israeli settlers live in over 120 illegal settlements built since Israel’s occupation of the Palestinian territories of the West Bank and East al-Quds in 1967.
The UN and most countries regard the Israeli settlements as illegal because the territories were captured by Israel in a war in 1967 and are hence subject to the Geneva Conventions, which forbid construction on occupied lands. However, the Tel Aviv regime defies calls to abandon its illegal settlement activities.
Egyptian newspaper confiscated for the second time in two months
Mada Masr | May 12, 2015
A newspaper’s issue is usually confiscated when it is critical of the authorities. However on Monday the annual issue of the private al-Watan newspaper was briefly confiscated due to a headline that was deemed not quite supportive enough of President Abdel Fattah al-Sisi.
The newspaper’s front page headline was changed from “Seven entities stronger than Sisi” to “Seven entities stronger than reform.” The report suggests that those entities represent the “deep state” threatening Egypt and resisting Sisi’s efforts to reform the country.
The seven entities, according to al-Watan’s report, included: Corruption, powerful people, businessmen, the Interior Ministry, the media, the unregistered economy and social media.
An opinion article by the newspaper’s managing editor Alaa al-Ghatrify was also censored. In a leaked copy of the banned article, Ghatrify slammed media personnel who are groomed by the state, according to him, to defend the ruling regime and face any criticism directed against state institutions.
The issue was then permitted to publish after amending the headline and removing the critical column. According to a statement by the Arabic Network for Human Rights Information (ANHRI,) “sovereign entities” banned the issue as the original headline implied Sisi’s grip over state institutions was weak.
This is the second time authorities banned an issue for al-Watan newspaper from publishing in the last two months. In March 11, authorities banned an al-Watan issue for including an investigative report detailing the tax evasion of state institutions including the presidency, the Interior Ministry, the Ministry of Defense and General Intelligence Services among others.
Ghatrify, whose article was banned from publishing, criticized the decision on his Facebook account, saying, “This is a country that will never be reformed. Today is another example that we did not move on, we are still on January 24, 2011. Don’t let him think, don’t let him publish, don’t let him be liberated. Just censor and oppress,” he said. None of the newspaper’s editors, including Ghatrify, were available for comment to Mada Masr.
ANHRI stated that censoring the newspaper’s issue is “a direct violation to the constitution and re-imposes police censorship over journalism.”
Similar incidents of censorship have taken place in the past, especially when articles critical to the Armed Forces or the General Intelligence Services have been published.
In October of last year, an edition of the privately owned Al-Masry Al-Youm was recalled because of an interview with former Intelligence Officer Refaat Gebreel. Al-Masry Al-Youm website editor Ahmed Ragab told Mada Masr at the time that the paper received a phone call from the General Intelligence Services requesting it to halt printing and remove the interview.
Article 70 of the Constitution guarantees freedom of the press, while Article 71 prohibits censorship, stating, “Censorship of Egyptian press and media is prohibited by any means, in addition to confiscation, suspension or closure, with the exception of specific censorship that may be imposed at times of war or public mobilization.”
However, certain laws allow for intervention in the media, especially when it comes to state institutions. A law issued under the presidency of Anwar Sadat states information regarding the General Intelligence Services is a national security secret and its publishing is prohibited except with written approval from the head of the General Intelligence Services. Breaking this law is punishable by six months to five years in prison, in addition to a fine ranging from LE100,000 to LE500,000.
In November, the State Council approved a Defense Ministry-authored bill banning media outlets from publishing news pertaining to the Armed Forces without prior written consent from the head of the Armed Forces or a relevant court.
Saudi regime plans crucifixion of dissident this Thursday
Reprieve | May 12, 2015
Saudi Arabia has been urged to spare the lives of two juveniles and an aging political activist, after plans emerged to execute at least one of them this Thursday.
Sheikh Nimr Baqir Al Nimr, a 53-year old critic of the Saudi regime, and two juveniles, Ali Mohammed al-Nimr and Dawoud Hussain al-Marhoon, were arrested during a 2012 crackdown on anti-government protests in the Shiite province of Qatif. After a trial marred by irregularities, Mr Al Nimr was sentenced to death by crucifixion on charges including ‘insulting the King’ and delivering religious sermons that ‘disrupt national unity’. This week, it emerged that the authorities plan to execute him on Thursday, despite protests from the UN and Saudi human rights organizations.
The planned execution of Mr Al Nimr has prompted fears for the safety of the two juveniles, who were both 17 when they were arrested and eventually sentenced to death on similar charges. Both teenagers were tortured and denied access to lawyers, and faced trials that failed to meet international standards. All three prisoners, including Mr Al Nimr, have not yet exhausted their legal appeals.
Saudi Arabia has carried out executions at an unprecedented rate since the coming to power of King Salman in 2015. On May 6th 2015, the Kingdom carried out its 79th execution of the year, and it is already close to surpassing its 2014 total of 87 executions. Human rights organization Reprieve has urged the European Union to intervene with Saudi Arabia to prevent the killings.
Commenting, Maya Foa, director of Reprieve’s death penalty team, said: “Saudi Arabia’s wave of executions since the start of this year has provoked widespread disgust. But these killings, if they are allowed to go ahead, will mark a new low. The sentencing to death of children and the elderly on blatantly political charges is inexcusable, and smacks of an attempt to silence internal dissent in the Kingdom.”
Tories’ repeal of Human Rights Act will spark constitutional crisis, erode civil liberties – experts
RT | May 11, 2015
Newly appointed Justice Secretary Michael Gove will push ahead with Conservative plans to repeal the Human Rights Act – a move experts warn could spark a constitutional crisis and blight Britain’s reputation on human rights worldwide.
Conservative Party sources, fresh from last week’s general election victory, told the Guardian the human rights reforms are imminent.
Civil liberty advocates warn the soon-to-be implemented measures would erode the right to life, the right to privacy, the right to a fair trial, the right to protest and the right to freedom from torture and discrimination.
Although the Tories were keen to push ahead with the legal changes during their last term in government, the move was blocked by the party’s ex-coalition partner the Liberal Democrats. But as a majority government, the Conservatives are now poised to push ahead with the reforms.
Central to the Tories’ election manifesto was a pledge to repeal the Human Rights Act (HRA) and significantly curb the power of the European Court of Human Rights (ECHR) in Britain. The legal reforms are expected to surface in PM David Cameron’s plans for his first 100 days, which will be outlined in the Queen’s Speech on May 27.
Under these changes, the Conservatives would replace the HRA with a Tory-styled British Bill of Rights. Britain’s Supreme Court would no longer be answerable to the ECHR, with the Strasbourg-based court losing the power to order changes to UK law.
The plans were drawn up in 2014 by then-Secretary of State for Justice Chris Grayling. At the time, Grayling proposed Britain withdraw from the ECHR if the Council of Europe rejects the Conservatives’ British Bill of Rights.
Constitutional crisis
Considerable doubt exists among experts that the Council of Europe, a human rights watchdog responsible for ensuring the Convention is upheld, will accept the Tories’ proposals. As a result, it is widely believed Britain will disengage from the European Convention on Human Rights and undermine Europe’s’ civil liberties framework in the process.
Britain’s withdrawal from the ECHR has been strongly opposed by former Secretary of State for Justice Kenneth Clarke and the UK’s ex-Attorney General Dominic Grieve. Grieve has long condemned the proposal, warning its consequences would be devastating.
In December, he said the government’s threat to potentially abandon the Strasbourg court undermines international law and could fray the constitutional fabric that holds the United Kingdom together. Echoing grieve, analysts warn such a withdrawal would spark a constitutional crisis in the UK.
They suggest the move would be flatly rejected by Nicola Sturgeon’s Scottish Nationalist Party (SNP) and would mean the Conservative government has violated Northern Ireland’s 1998 Good Friday Agreement.
Dr Paul O’Connell, a Reader in Law at the University of London’s School of Oriental and African Studies (SOAS), says the Conservatives’ proposed bill is shrouded with ambiguity.
“The notion of a British Bill of Rights is still quite vague, and more rhetoric than substance at present,” he told RT on Monday.
O’Connell, whose expertise lies in the field of human rights law, international law and the relationship between law and social change, said repealing the Human Rights Act would prove disruptive for Britain.
O’Connell rejected the notion such a move would breed a constitutional crisis in the UK, but argued the policy change would lead to a “recalibration of the culture of British law.”
“Withdrawing from the ECHR is difficult, it’s hard to imagine that the new government will, in fact, seek to do this,” he said.
“They may, however, take a harder line with decisions from the European Court of Human Rights (ECtHR), and may lobby other members of the Council of Europe to reform the Court.”
Eroded civil liberties
Mairi Clare Rodgers, media director at human rights group Liberty, argued the Conservatives’ plans to scrap the Human Rights Act hold serious implications.
The Act has proven vital in protecting journalists’ sources, safeguarding British soldiers, offering much needed-answers to grieving families, and holding power to account, she said.
Mairi also emphasized the HRA’s role in defending those who suffer from domestic violence, rape victims and those who require specialist care.
Executive director at Reprieve, Clare Algar, said successive UK governments have undermined Britons’ ability to hold politicians to account.
“We hope that Mr Gove ignores the myths and spin that many others have used against human rights legislation, and considers instead the important central principles,” she told RT.
“This is something which helps defend the weak from the strong, and the individual citizen from the abuses of government.”
Amnesty International UK’s Allan Hogarth said the Human Rights Act has been misrepresented by a series of myths.
“Despite all the myths peddled about the Human Rights Act, this valuable piece of legislation has helped ensure that principles of fair trial, free speech and the right not to be tortured are properly respected in our country,” he told RT.
“Whatever the politicking in the coming weeks, the Human Rights Act should be protected and Michael Gove should stand firm over the Act’s fundamental principles of justice and decency.”
Read more: Human rights debate in Britain is ‘regressive’ – Scottish watchdog
NSA Spying Ruled Illegal, But Will Congress Save the Program Anyway?
By Ron Paul | May 10, 2015
This week the Sixth Circuit Court of Appeals ruled that the NSA’s metadata collection program was not authorized in US law. The PATRIOT Act, under which the program began, was too vague, the court found. But the truth is the Act was intended to be vague so that the government could interpret it in the broadest possible way.
But this is really more of a technicality, because illegality and unconstitutionality are really two very different things. Even if Congress had explicitly authorized the government to collect our phone records, that law would still be unconstitutional because the Constitution does not grant government the power to access our personal information without a valid search warrant.
Even though the court found the NSA program illegal, it did not demand that the government stop collecting our information in this manner. Instead, the court kicked the ball back in Congress’ court, as these provisions of the PATRIOT Act are set to expire at the end of the month and the Appeals Court decided to let Congress decide how to re-authorize this spying program.
Unfortunately, this is where there is not much to cheer. If past practice is any lesson, Congress will wait until the spying program is about to expire and then in a panic try to frighten Americans into accepting more intrusions on their privacy. Senate Majority Leader Mitch McConnell has already put forth a new bill as a stop-gap measure to allow time for a fuller debate on the issue. His stop-gap? A five year re-authorization with no changes to the current program!
The main reform bill being floated, the FREEDOM Act, is little better. Pretending to be a step in the right direction, the FREEDOM Act may actually be worse for our privacy and liberties than the PATRIOT Act!
One silver lining in the court decision is that it should exonerate Ed Snowden, who risked it all to expose what the courts have now found was illegal US government activity. That is the definition of a whistleblower. Shouldn’t he be welcomed back home as a hero instead of being threatened with treason charges? We shouldn’t hold our breath!
This week Snowden addressed a conference in Melbourne, Australia, informing citizens that the Australian government watches all its citizens “all the time.” Australia’s program allows the government to “collect everyone’s communications in advance of criminal suspicion,” he told the conference. That means the government is no longer in the business of prosecuting crimes, but instead is collecting information in case crimes someday occur.
How is it that the Australian government can collect and track “pre-crime” information on its citizens? Last month Australia passed a law requiring telecommunications companies to retain metadata information on their customers for two years.
Why do Australia’s oppressive laws matter to us? Because the NSA “reform” legislation before Congress, the FREEDOM Act, does exactly what the Australian law does: it mandates that US telecommunications companies retain their customers’ metadata information so that the NSA can access the information as it wishes.
Some argue that this metadata information is harmless and that civil libertarians are over-reacting. But, as Ed Snowden told the Melbourne conference, “under these mandatory metadata laws you can immediately see who journalists are contacting, from which you can derive who their sources are.”
This one example of what happens when the government forces corporations to assist it in spying on the people should be a red flag. How can an independent media exist in the US if the government knows exactly whom journalists contact for information? It would be the end of any future whistleblowers.
The only reform of the PATRIOT Act is a total repeal. Accept nothing less.
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Oil and the Israel Lobby
Reknowned economist M. Shahid Alam offers this excellent critique of Noam Chomsky’s defective analysis of the relative influence of Oil versus the Israel lobby over US foreign policy: … continue
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