National Service is Anti-Liberty and Un-American
By Ron Paul | October 19, 2014
Former Clinton Administration Labor Secretary Robert Reich recently called on the government to force young people to spend two years either “serving” in the military or performing some other type of government-directed “community service.” Neoconservative Senator John McCain has introduced legislation creating a mandatory national service program very similar to Reich’s proposal. It is not surprising that both a prominent progressive and a leading neocon would support mandatory national service, as this is an issue that has long united authoritarians on the left and right.
Proponents of national service claim that young people have a moral obligation to give something back to society. But giving the government power to decide our moral obligations is an invitation to totalitarianism.
Mandatory national service is not just anti-liberty, it is un-American. Whether or not they admit it, supporters of mandatory national service do not believe that individuals have “inalienable rights.” Instead, they believe that rights are gifts from the government, and, since government is the source of our rights, government can abridge or even take away those rights whenever Congress decides.
Mandatory national service also undermines private charitable institutions. In a free society, many people will give their time or money to service projects to help better their communities, working with religious or civic associations. But in a society with government-enforced national service, these associations are likely to become more reliant on government-supplied forced labor. They will then begin to tailor their programs to satisfy the demands of government bureaucrats instead of the needs of the community.
The very worst form of national service is, of course, the military draft, which forces young people to kill or be killed on government orders. The draft lowers the cost of an interventionist foreign policy because government need not compete with private employers for recruits. Anyone who refuses a draft notice runs the risk of being jailed, so government can provide lower pay and benefits to draftees than to volunteers.
As the burden of our hyper-interventionist foreign policy increases, it is increasingly likely that there will be serious attempts to reinstate the military draft. General Martin Dempsey, the chairman of the Joint Chiefs of Staff, continues to suggest that US troops on the ground may be needed to fight “Operation Inherent Resolve” in Iraq and Syria. A major escalation requiring a large US troop deployment will likely add pressure to consider a military draft.
The only real way the American people can protect their children from the military draft is to demand an end to the foreign policy that sees the US military as the solution to any and every problem — from ISIS to Ebola — anywhere in the world.
Some who share my opposition to a militaristic foreign policy support the draft because they think a draft will increase public opposition to war. However, the existence of a draft did not stop the American government from launching unconstitutional wars in Vietnam and Korea. While the draft did play a role in mobilizing political opposition to Vietnam, it took almost a decade and the death of thousands of American draftees for that opposition to reach critical mass.
It is baffling that conservatives who (properly) oppose raising taxes would support any form of national service, including the military draft. It is similarly baffling that liberals who oppose government interference with our personal lives would support mandatory national service. Mandatory national service is a totalitarian policy that should be rejected by all who value liberty.
Official: PA forces regularly conduct politically motivated arrests
Ma’an – October 19, 2014
BETHLEHEM – Palestinian Authority police regularly detain people in the West Bank due to their political affiliation, an official said Sunday.
Khalil Assaf, a member of the subcommittee on civil liberties formed after the West Bank-Gaza unity government was sworn in in June, told Ma’an that regardless of the committee’s formation, none of its recommendations have been implemented.
“Every day people are being detained in the West Bank because of their political affiliation, though in most cases they are released within days,” Assaf said.
Though he could not give an exact number of political detainees, he said “we are talking about dozens” of people.
The subcommittee, which was tasked with maintaining and monitoring civil liberties in the West Bank and Gaza, has not been summoned for any meetings with the rest of the unity government so far, Assaf said.
He said it was formed in order to address several aspects of freedom in a democratic society: the freedoms of work, assembly, research, and movement; the freedom to distribute newspapers; the freedom to participate in political activities without discrimination; providing passports to citizens who had previously been denied passports; and the issue of citizens being summoned for questioning both in the West Bank and Gaza.
Palestinian political leaders have been unable to implement these freedoms due to the lack of full implementation of the unity government, he added.
Critics of the US-backed PA often decry the night raids conducted by Palestinian police to arrest dissenting politically active individuals, stressing that they are carried out in a manner nearly identical to the raids conducted by occupying Israeli forces.
NYPD gets itself a Glomar doctrine
Freedom of the Press Foundation | October 17, 2014
The New York Supreme Court dismissed a lawsuit against the NYPD challenging its refusal to confirm or deny the existence of records related to its surveillance of a New York City mosque. The case appears to be the first time that a court has affirmed a “Glomar doctrine” below the federal level. Adam Marshall from the Reporters Committee for Freedom of the Press has more:
The case, Abdur-Rashid v. New York City Police Department, involved a request by Imam Talib Abdur-Rashid for records regarding NYPD surveillance of himself and his mosque in New York City. The city refused to disclose to Mr. Abdur-Rashid whether any such records existed, and told him that even if they did exist, such records would be exempt under the New York Freedom of Information Law (“FOIL”).
In its decision, the court somewhat perplexingly acknowledged that according to federal and state case law, “[i]t should follow that when a local agency such as the NYPD is replying to a FOIL request, the Glomar doctrine is similarly inapplicable.” However, it then went on to state that as this was a case of first impression, the NYPD’s use of a Glomar response “is in keeping with the spirit of similar appellate court cases.” The court determined that “disclosing the existence of responsive records would reveal information concerning operations, methodologies, and sources of information of the NYPD, the resulting harm of which would allow individuals or groups to take counter-measures to avoid detection of illegal activity, undermining current and future NYPD investigations.” Therefore, it granted the NYPD’s motion to dismiss the case.
Elizabeth Kimundi, a lawyer for the firm of Omar T. Mohameddi, which is representing Abdur-Rashid, said over the phone that her firm is drafting an appeal.
That appeal will be one to watch, because this is a “case of first impression,” meaning that, if the ruling is upheld, it will set precedent in the state of New York. And it would be a bad precedent.
The Glomar doctrine gives agencies the obvious power to hide the existence of records, but it also allows agencies to short-circuit the appeal process, since requestors can’t file an appeal for records they don’t know exist. The NYPD consistently flouts both the spirit and letter of New York’s Freedom of Information Law. There is no expectation that it would use Glomar powers in good faith. A Glomar doctrine would just become another tool in Police Plaza One’s aggressive strategy to block and discourage FOIL requestors.
LAWSUITS
- CIA says it didn’t know it had a copy of the Senate torture report.
- ACLU and EFF file appeal in suit for LAPD license plate reader tech
- Obama admin asks judge to dismiss civil lawsuit against United Against Nuclear Iran, attempting to invoke state secrets without public explanation. “After everything – the torture, the rendition, the eavesdropping…This is the case that stands for the proposition that privilege can be asserted in the dark?”
- In FOIA lawsuit, EPA says it may have lost text messages it was required to archive under federal record law.
- Judicial Watch sues DOJ for Operation Choke Point records.
- Pebble Project files lawsuit against EPA, alleging FOIA violation
Mark Duggan Lawful Killing Appeal Rejected
Amina Taylor | Press TV | October 14, 2014
The family of Mark Duggan –the man whose death sparked the UK riots in 2011 – have lost their bid to have the inquest verdict that ruled his death ‘lawful’ overturned. Lawyers acting for the Duggan family had argued that the coroner had blundered in his summing up and lead the jury to conclude that Duggan was unarmed at the time but the police’s shooting of him was still lawful. Amina Taylor has more from London.
It was a killing that was the spark for one of the worst periods of civil unrest seen in the UK for a generation. The inquest into the death 29-year old of Mark Duggan at the hands of a Metropolitan Police marksman in August 2011, was ruled ‘lawful’.
The Duggan family disagreed but on Tuesday lost their appeal to have the inquest verdict set aside. The family was not in court to hear the decision of Lord Justice Levenson and two other high court judges.
In Tottenham where Mark Duggan used to live, among his friends, family and wider support network there will be an overwhelming sense of disappointment at the court’s decision because so many of those who protested against the way in which Mark was killed by Metropolitan polices marksman they’ve argued that for so long that his death was tantamount to ‘state-sanctioned murder’
Those involved in the Mark Duggan justice campaign say they believe the coroner and the jury were mislead and that police corruption may be involved.
The Independent Police Complaints Commission is continuing its investigation into the shooting.
How Australia’s New ‘Anti-Terror’ Censorship Law Could Cover Up Botched Intelligence Operations
By Glyn Moody | Techdirt | October 13, 2014
As we reported a few weeks ago, Australia has passed a dreadful “anti-terror” law that not only allows the authorities to monitor the entire Internet in that country with a single warrant, but also threatens 10 years of jail time for anyone who “recklessly” discloses information that relates to a “special intelligence operation.” But what exactly will that mean in practice? Elizabeth Oshea, writing in the Overland journal, has put together a great article fleshing things out. Here’s her introduction:
The parliament has passed legislation that permits the Attorney General to authorise certain activities of ASIO and affiliates as ‘special intelligence operations’. We can only assume that ASIO will seek such authorisation when its operatives plan to break the criminal or civil law — the whole point of authorising an operation as a special intelligence operation is that participants will be immune from the consequences of their unlawfulness. It will also be a criminal act to disclose information about these operations.
So the Australian government can designate activities of its spy services as “special intelligence operations,” which may well be illegal, and then it becomes a criminal act to disclose anything about those operations, however bad they are. Indeed, that even seems to include operations that result in death, as Oshea explains in one of her examples of what could happen under the new law:
A botched operation is conducted that results in the death of an innocent bystander (credit this suggestion to the former Independent National Security Legislation Monitor). Note that if a person with three children dies as a result of a failure to take reasonable care, her family will be unable to make a claim for the cost of raising her dependents. If she is maimed but not killed, she will be unable to make a claim for the cost of her medical care, lost earnings, pain and suffering, and the cost of raising her dependents.
That’s a hypothetical case, but Oshea also lists a number of incidents that have already occurred, but which are likely to be covered by the new law — and would thus become impossible to write about. Here are a couple of them, with links to the real-life cases:
Agents and officers raid a couple in their home and hold them captive at gunpoint for an hour, only leaving when they discovered they were at the wrong address. The couple will have no entitlement to compensation for any property or personal damage arising from imprisonment, trespass and assault.
Agents kidnap and falsely imprison a young medical student. They attempt to coerce answers from him, making threats that go beyond what is permitted by the relevant search warrant.
There’s more of the same, listing previously-reported incidents that would probably be censored in future. The post also explores legislative proposals that are equally disturbing:
The parliament is considering laws that will punish people with life imprisonment for a range of new offences associated with ‘subverting society’ (which is a component of the new definition of ‘engaging in hostile activities’). The law contains a defence of advocacy, protest, dissent or industrial action, but it is very unclear how these would be applied.
Here’s the kind of thing that might get you life imprisonment in Australia in the future:
Leaking materials taken from government information systems that demonstrate serious wrongdoing (as per Manning or Snowden).
Organising and engaging in denial of service attacks – the online equivalent of a sit in – against government websites, such as that of the President, Prime Minister, the Ministry of Industry, the Ministry of Foreign Affairs, and the Stock Exchange.
There’s also an explanation of what data retention might mean for the public. All in all, it’s a valuable guide to some of the seriously bad stuff that Australia is doing. Let’s just hope that other countries don’t take it as a blueprint.
Follow @glynmoody on Twitter or identi.ca, and +glynmoody on Google+
How Many People Must Be Maimed or Killed Before We End the Militarization of Our Police Forces?
By Kara Dansky | ACLU Center for Justice | October 7, 2014
Yesterday, a grand jury in Habersham County, Georgia, decided not to bring charges against the police officers who threw a flashbang grenade into the crib of Bounkham Phonesavanh, known affectionately as “Baby Bou Bou.” The explosion left a hole in the then-19-month-old’s chest, exposing his rib, and almost ripped his nose from his face.
How could this happen? Combine systemic police militarization, the war on drugs, and sloppy police work, and you have the perfect recipe for disaster.
In May, the Habersham County Special Response Team executed a no-knock drug raid on the home of a family friend where Baby Bou Bou, his parents, and sisters were staying. It was the middle of the night, and even though the family’s minivan was parked in the driveway and children’s toys were in the yard, a squad of SWAT officers decided to throw a flashbang grenade into the living room.
Acting and looking like an invading army, the cops broke down the door, terrorizing the entire family. When Alecia, Baby Bou Bou’s mother, tried to go to him, they screamed at her to shut up. They violently threw and pinned Bou, his father, to the ground, injuring his shoulder so badly he cannot take care of his children alone anymore. Alecia and Bou did not see their son until they arrived at the hospital several hours later.
When they were able to see him, they were devastated.
The explosion from the flashbang tore a hole in Bou Bou’s chest, separated his nose from his face, and covered his body in third degree burns. His injuries were so severe that doctors placed Bou Bou in a medically induced coma.
And for what?
The man the SWAT team was looking for no longer lived in the house and was later arrested without incident. There weren’t any guns or drugs in the home either. To add insult to injury, the county refuses to pay the Phonesavanh’s medical bills, which now total $1 million, claiming the law doesn’t allow it.
The Phonesavanh family, however, is not alone. SWAT teams raid people’s homes approximately 50,000 times a year in the United States. Most of these raids are to search for drugs. Many of them result in tragedy.
In May, the police shot and killed a man in his home during a raid to search for some marijuana. The man had reported that he was fearful of being burglarized and the police told him: “If anyone breaks into this house, grab your gun and shoot to kill.” When he followed their instructions, they killed him.
In July, a St. Paul SWAT team raided a home and killed the family dogs in front of two young children. All they found was some marijuana.
Earlier this month, the Georgia State Patrol sent a helicopter and a K-9 Unit to a man’s home in search of what they thought was marijuana. It turned out to be okra.
As we pointed out in our report, War Comes Home: The Excessive Militarization of American Policing, police militarization is real. And it can be deadly. America watched in horror as law enforcement responded to the peaceful protests in Ferguson, Missouri, as though they were an invading army. They threatened to kill peaceful protesters. They pointed assault rifles at people exercising their right to peaceably assemble. They jailed journalists.
Some lawmakers have suggested that the answer is better training. Training will help, but it is not an answer to the very real and very entrenched problem of police militarization.
Law enforcement agencies have been aggressively using military weapons and tactics in communities of color for decades, mostly for the purpose of waging the failed and wasteful War on Drugs. They have been able to do so largely courtesy of the federal government, which funnels billions of dollars’ worth of funding and equipment to state and local law enforcement agencies – equipment that was designed for combat.
Habersham County, where the flashbang exploded in Baby Bou Bou’s crib, has received at least 17 assault rifles, 13 automatic pistols, two utility trucks, and an armored personnel carrier from the federal government in the last 10 years alone. When the police use combat weaponry to serve drug warrants and respond to peaceful protests, they do so knowing that they are using weapons and tactics designed for war against their own citizens.
What happened to Baby Bou Bou is not a rare occurrence, and neither is the lack of accountability for the police officers who altered his life forever. It’s the price our communities pay – young and old, disproportionately black and brown – when police believe they are counterinsurgents waging the War on Drugs, and Uncle Sam arms them that way.
It is time to end police militarization. Not only through improved training, but through an end to the federal programs that fuel it and a shift in how the police view the communities they’re meant to protect and serve.
FBI starts anti-jihadist neighborhood informer campaign
RT | October 8, 2014
The FBI counter-terrorism division is calling on to Americans to report on fellow citizens engaged in suspicious activities to help identify possible terrorists, in the first place those connected to terrorist activities overseas.
In a statement published by the FBI on Tuesday, assistant director of the counter-terrorism division Michael Steinbach said the Bureau needs “the public’s assistance in identifying US persons, going to fight overseas with terrorist groups or who are returning home from fighting overseas.”
Any useful information about terror suspects can be sent to the FBI’s website or by calling 1-800-CALL-FBI, the agency announced.
Steinbach also asked the American public to help identifying a man from an IS propaganda video aimed at appealing to a Western audience.
In the 55-minute video, a masked man addressed a group of alleged Islamic State prisoners in Arab and English.
“Dressed in desert camouflage and wearing a shoulder holster, the masked man can be seen standing in front of purported prisoners as they dig their own graves and then later presiding over their executions,” the FBI said. His accent is believed to be North American, he added.
“We’re hoping that someone might recognize this individual and provide us with key pieces of information,” Steinbach said, adding: “No piece of information is too small.”
There have been a number of arrests of terror suspects made on American soil since the 9/11 attacks in 2001. Dozens of American citizens in recent years have joined various terrorist organizations, such as Al-Qaeda in Yemen, Taliban militants in Pakistan or the Al-Shabaab terrorist group in Somalia.
Yet now there is a new global international terrorist organization called the Islamic State (also known as ISIS or ISIL), that has captured large areas of Iraq and Syria, and is fighting with all of its neighbors: the Iraqi army, the Syrian army and Kurdish Peshmerga self-defense forces.
On Saturday, the FBI arrested Mohammed Hamzah Khan, 19, at Chicago’s O’Hare International Airport, who was preparing to board a flight to Vienna with the alleged intention of traveling to Syria via Turkey, and of joining the Islamic State terrorist organization.
“We are all witness that the western societies are getting more immoral day by day,” Khan wrote, explaining his motivations in a three-page letter to his parents discovered in his bedroom by FBI agents. “I do not want my kids being exposed to filth like this,” he wrote, the AP reported.
As of August, there were a reported 12,000 militants from 50 nations fighting in the ranks of the Islamic State militia, the US State Department estimated.
Adobe suspected of spying on eBook users
RT | October 8, 2014
Software giant Adobe has been accused of spying on individuals who use its Digital Editions e-book and PDF reader. The practice allegedly includes mining for data on users PCs, yet Adobe has denied acting beyond the user license agreement.
On Tuesday, the allegation that Digital Edition (DE) software logs and uploads user data to its servers was verified by Ars Technica and a competing software developer at Safari Books. This process is also notable because it’s done transparently over the internet, meaning individuals, internet corporations, and government departments like the National Security Agency can easily intercept the information.
Whether or not the company also monitors user hard drives in general has yet to be confirmed.
“It’s not clear how the data collected by Adobe is stored, but it is associated with a unique identifier for each Digital Editions installation that can be associated with an Internet Protocol address when logged,” Sean Gallagher wrote at Ars Technica. “And the fact that the data is broadcast in the clear by Digital Editions is directly in conflict with the privacy guidelines of many library systems, which closely guard readers’ book loan data.”
Originally, Adobe was flagged by the Digital Reader for tracking and uploading data related to various books opened in DE, such as how long a book has been activated or opened, or what pages have been read.
“Adobe is gathering data on the eBooks that have been opened, which pages were read, and in what order,” Nate Hoffelder wrote at the website. “All of this data, including the title, publisher, and other metadata for the book is being sent to Adobe’s server in clear text.”
“Adobe is not only logging what users are doing,” he continued, “they’re also sending those logs to their servers in such a way that anyone running one of the servers in between can listen in and know everything.”
If that wasn’t enough, Hoffelder claimed that Adobe’s tracking systems are exploring data even beyond the DE reader, scanning users’ computer hard drives and collecting and uploading metadata related to every e-book in the system – whether they were opened in DE or not.
As previously mentioned, this last accusation has not been verified.
“Adobe Digital Editions does not scan your entire computer looking for files that it knows how to open, it needs to be explicitly told about EPUB or PDF files that you would like it to know about,” an Adobe tech support employee wrote earlier this year in response to a question on the community forum.
Utilized by thousands of libraries in order to lend out books digitally, DE’s tracking of activation times would allow libraries to know when a particular lending period has run its course. However, DE is not just tracking borrowed books. It’s also keeping tabs on purchased titles as well.
“We are looking at this, and very concerned about this,” said Deorah Caldwell-Stone, the deputy director of the American Library Association’s Office for Intellectual Freedom, to Ars Technica. If the data being uploaded over the internet is related to library lending, “we would want this information encrypted and private,” she added.
Meanwhile, Adobe said that “all information collected from the user is collected solely for purposes such as license validation and to facilitate the implementation of different licensing models by publishers.”
“Additionally, this information is solely collected for the eBook currently being read by the user and not for any other eBook in the user’s library or read/available in any other reader. User privacy is very important to Adobe, and all data collection in Adobe Digital Editions is in line with the end user license agreement and the Adobe Privacy Policy.”
“In terms of the unsecure transmission of the collected data, Adobe is in the process of working on an update to address this issue,” the spokesperson said in an email to Ars Technica. “We will notify you when a date for this update has been determined.”

