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New Documents Suggest IRS Reads Emails Without a Warrant

By Nathan Freed Wessler | ACLU | April 10, 2013

Everyone knows the IRS is our nation’s tax collector, but it is also a law enforcement organization tasked with investigating criminal violations of the tax laws. New documents released to the ACLU under the Freedom of Information Act reveal that the IRS Criminal Tax Division has long taken the position that the IRS can read your emails without a warrant—a practice that one appeals court has said violates the Fourth Amendment (and we think most Americans would agree).

Last year, the ACLU sent a FOIA request to the IRS seeking records regarding whether it gets a warrant before reading people’s email, text messages and other private electronic communications. The IRS has now responded by sending us 247 pages of records describing the policies and practices of its criminal investigative arm when seeking the contents of emails and other electronic communications.

So does the IRS always get a warrant? Unfortunately, while the documents we have obtained do not answer this question point blank, they suggest otherwise. This question is too important for the IRS not to be completely forthright with the American public. The IRS should tell the public whether it always gets a warrant to access email and other private communications in the course of criminal investigations. And if the agency does not get a warrant, it should change its policy to always require one.

The IRS and Email: Reading Between the Lines

The federal law that governs law enforcement access to emails, the Electronic Communications Privacy Act (ECPA), is hopelessly outdated. It draws a distinction between email that is stored on an email provider’s server for 180 days or less, and email that is older or has been opened. The former requires a warrant; the latter does not. Luckily, the Fourth Amendment still protects against unreasonable searches by the government. Accordingly, in 2010 the Sixth Circuit Court of Appeals decided in United States v. Warshak that the government must obtain a probable cause warrant before compelling email providers to turn over messages.

However, the IRS hasn’t told the public whether it is following Warshak everywhere in the country, or only within the Sixth Circuit.

The documents the ACLU obtained make clear that, before Warshak, it was the policy of the IRS to read people’s email without getting a warrant. Not only that, but the IRS believed that the Fourth Amendment did not apply to email at all. A 2009 “Search Warrant Handbook” from the IRS Criminal Tax Division’s Office of Chief Counsel baldly asserts that “the Fourth Amendment does not protect communications held in electronic storage, such as email messages stored on a server, because internet users do not have a reasonable expectation of privacy in such communications.” Again in 2010, a presentation by the IRS Office of Chief Counsel asserts that the “4th Amendment Does Not Protect Emails Stored on Server” and there is “No Privacy Expectation” in those emails.

Other older documents corroborate that the IRS did not get warrants across the board. For example, the 2009 edition of the Internal Revenue Manual (the official compilation of IRS policies and procedures) explains that “the government may obtain the contents of electronic communication that has been in storage for more than 180 days” without a warrant.

Then came Warshak, decided on December 14, 2010. The key question our FOIA request seeks to answer is whether the IRS’s policy changed after Warshak, which should have put the agency on notice that the Fourth Amendment does in fact protect the contents of emails. The first indication of the IRS’s position, from an email exchange in mid-January 2011, does not bode well. In an email titled “US v. Warshak,” an employee of the IRS Criminal Investigation unit asks two lawyers in the IRS Criminal Tax Division whether Warshak will have any effect on the IRS’s work. A Special Counsel in the Criminal Tax Division replies: “I have not heard anything related to this opinion. We have always taken the position that a warrant is necessary when retrieving e-mails that are less than 180 days old.” But that’s just the ECPA standard. The real question is whether the IRS is obtaining warrants for emails more than 180 days old. Shortly after Warshak, apparently it still was not.

The IRS had an opportunity to officially reconsider its position when it issued edits to the Internal Revenue Manual in March 2011. But its policy stayed the same: the Manual explained that under ECPA, “Investigators can obtain everything in an account except for unopened e-mail or voice mail stored with a provider for 180 days or less using a [relevant-and-material-standard] court order” instead of a warrant. Again, no suggestion that the Fourth Amendment might require more.

The first indication that the IRS was considering the effect of Warshak came in an October 2011 IRS Chief Counsel Advice memorandum available on the IRS website but not provided in response to our FOIA request. An IRS employee sought guidance about whether it is proper to use an administrative summons, instead of a warrant, to obtain emails that are more than 180 days old. (The emails in question were located on an internet service provider’s (ISP) server somewhere in the territory covered by the Ninth Circuit Court of Appeals). The memo summarized the holding of Warshak and advised that “as a practical matter it would not be sensible” to seek older emails without a warrant. This is good advice, but the memo’s reasoning leaves much to be desired. The memo explained that Warshak applies only in the Sixth Circuit but that, because the ISP had informed the IRS that it did not intend to voluntarily comply with an administrative summons for emails, there was not “any reasonable possibility that the Service will be able to obtain the contents of this customer’s emails . . . without protracted litigation, if at all.” Any investigative leads contained in the emails would therefore be “stale” by the time the litigation could be concluded, making attempted warrantless access not worthwhile.

The memo misses another chance to declare that agents should obtain a warrant for emails because the Fourth Amendment requires it. Instead, the memo’s advice (which may not be used as precedent and is not binding in other IRS criminal investigations) is limited to situations in the Ninth Circuit where an ISP intends to challenge warrantless requests for emails. The IRS shouldn’t obey the Fourth Amendment only when it faces the inconvenience of protracted litigation; it should recognize that the Fourth Amendment requires warrants for the contents of emails at all times.

Finally, to the present: has the IRS’s position changed this tax season? Apparently not. The current version of the Internal Revenue Manual, available on the IRS website, continues to explain that no warrant is required for emails that are stored by an ISP for more than 180 days. Apparently the agency believes nothing of consequence has changed since ECPA was enacted in 1986, or the now-outdated Surveillance Handbook was published in 1994.

The IRS Owes the American Public an Explanation—and a Warrant Requirement

Let’s hope you never end up on the wrong end of an IRS criminal tax investigation. But if you do, you should be able to trust that the IRS will obey the Fourth Amendment when it seeks the contents of your private emails. Until now, that hasn’t been the case. The IRS should let the American public know whether it obtains warrants across the board when accessing people’s email. And even more important, the IRS should formally amend its policies to require its agents to obtain warrants when seeking the contents of emails, without regard to their age.

(We also sent FOIA requests to the FBI and other components of the Department of Justice—we will be receiving records from those offices in the coming weeks).

April 10, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , | Leave a comment

Free Speech, Culture Wars, and Enlightenment

By LORENZO OSPRI | CounterPunch | April 10, 2013

Dr. Ben Carson, director of pediatric neurosurgery at the Johns Hopkins Hospital, likes to pose as a man of faith, a steadfast Christian deriving his worldview from the Bible – heroically, unapologetically, in the face of wanton persecution by the liberal PC-police.

As a sedulous, restless oracle, he’s grown wont, of late, to offer his take on a variety of social and cultural issues. And like the ancient Pythia at Delphi, his utterances have shown the power to strike his audiences agape. Darwinists are nihilistic time-bombs – he maintains – since true morality only stems from the literal word of the Bible; parents should be encouraged to mete out a sound caning to their misbehaving tots, as the Book of Proverbs says so; fiscal policy is divinely-ordained to stand to benefit the rich; and last but not least, we’re assured the Good Book is riddled with warnings throughout that marriage is only the union of one man and one woman.

Not wholly surprisingly, a fierce row has finally erupted over one or the other of his eclectic remarks. His speakership at the 2013 medical class commencement at Hopkins is on the verge of an unprecedented revocation, prompting fury from the Right over alleged liberal intolerance.  Apart from the unabashed dogmatism exuding from Dr. Carson’s pronouncements – standard fare in the raging culture wars of America –, we need only wonder whether they withstand rational scrutiny or not.

The Seven Hundred Wives of Solomon

What’s the viewpoint of the Bible on marriage? Contrary to common wisdom, the Good Book doesn’t provide any consistent definition. If anything, it seems to lean overall toward polygamy. The list of Old Testament figures having multiple wives is endless: from Abraham to Esau, Jacob, Gideon, Elkanah, and so on and so forth. Solomon, indefatigable stud, outdid them all, by taking 700 wives and 300 concubines. The New Testament is perfectly ambiguous on the subject, sporting some verses in support of monogamy (Mark 10:11, Matthew 19:4) and others hinting at polygamy (Matthew 25:1, 1 Timothy 3:2). Saint Paul himself recommended eschewing marriage altogether, in favor of a life of chastity – something we regret to learn Dr. Carson was all too quick personally to discount.

The Scarlet Letter

If the Bible’s stance on marriage is murky, other pieces of Bible-based morality are crystal clear:

“Anyone who blasphemes the name of the Lord is to be put to death.

The entire assembly must stone them. Whether foreigner or native-born,

when they blaspheme the Name they are to be put to death.”

The capital punishment is prescribed with largess for many other sins, notably adultery, disrespecting one’s parents, having sexual relations with a menstruating woman, and various forms of incest. If we really are to believe Dr. Carson’s protestations that he’s a staunch, coherent, and fearless believer in the literal truth of the Bible, we should ask him what he proposes to do with adulterers. If he doesn’t support stoning them, as we all know he doesn’t, mustn’t we logically conclude he’s a hypocrite who cherry-picks passages from the Bible and wields them as a cloak, or disposable political tool, for his prejudices?

Jesus, the Commie

What about the Bible-mandated tax cuts for the rich? We confess after reading Dr. Carson’s words on the subject we were left wondering whether the good doctor has actually ever been introduced to the Gospels, where a prominent character named Jesus not once mentions the Gays, but adamantly condemns Roman Judea’s top 1% of earners:

“Then Jesus said to his disciples, “Truly I tell you, it is hard for someone who is rich to enter the kingdom of heaven. Again I tell you, it is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God.” (Matthew 19:21)

As for the saying, “Render unto Caesar the things which are Caesar’s”, we’re acutely reassured it came from Brutus.

The Parapet of Separation

Beyond scriptural (in)accuracy, the fundamental flaw in Dr. Carson’s reasoning lies, of course, in his failure to realize the United States is not a Christian nation, but a secular Republic, where there’s a constitutionally-mandated distinction between sin and crime, between civil order and religious institutions.

Whatever the Bible, or the Koran, or the Upanishads, have to say about “traditional marriage”, taxes or anything else is irrelevant to civil policies. This is for the safeguard of religion as much as the state. As James Madison (not Lenin) put it, the entanglement of religion and politics yields “in all places, pride and indolence in the clergy; ignorance and servility in the laity; in both, superstition, bigotry and persecution”.

Immanuel Kant, Party-Pooper

Finally, Dr. Carson seems utterly positive the only possible foundation of ethics is a supernatural law-giver descending from the clouds to hand over stone tablets to His favorite prophet. Murder is bad because God said so. Had God decided in His own free will that murder should be good, then it would have been so. The bedrock of morality, according to this line of thought, is God’s whim.

But the worse has yet to come.  We all know God shies away from making regular appearances into the world to confirm which are His authentic wishes for ethical behavior.

Thus we’re left with a plethora of conflicting religious ethical systems, each urging people on to arbitrary commandments (“don’t eat pork!”, or “stone the blasphemer!”) that need to be revealed, or interpreted, or enforced, by God’s earthly representatives, be they priests, pastors, rabbis, imams, ayatollahs, etc.

Is there an alternative to this tottering source of ethical legitimacy?

Immanuel Kant, Jeremy Bentham, Isaiah Berlin, John Rawles, and a host of other modern philosophers have variously come up with universalist moral systems, all based on the common notion that there are objective moral truths out there applying to all, because each and every one of us has some shared feature with his fellow humans, be it practical reason or a common nature that favors what benefits us and is vulnerable to suffering. It is nothing less than game theory, the mathematical tool used to study the evolution of animal behavior, that suggests whenever rational, social agents evolve, a non-arbitrary set of rules (“ethical norms”) emerges in the fitness landscape that ensures an optimal outcome. For instance, cooperation among agents leads to demonstrably greater benefits than violence or exploitation. Nihilistic selfishness is not rationally defensible, as a universal morality based on reason requires one to rise above petty short-term interests, and see things as if sub specie aeternitatis (under the viewpoint of eternity).

Free speech and Personal Responsibility

What should we make of Dr. Carson and the backlash he’s suffering?

Nobody proposes the good doctor should be gagged.  In fact, we’re pretty sure a lucrative contract is waiting for him at Fox News after his retirement, where he’ll be able to preach to willing crowds as much as he pleases.

What we should all demand, and indeed expect, is to hold him accountable for his declarations.

If Dr. Carson feels compelled to go on national TV to spout out ludicrous and embarrassing arguments about gays, evolutionists, or whatever ghost haunts his imagination at a given time, he’s free to do so. But once he’s lost his credibility, speaking at a university commencement is not something he should be rewarded with.

And this has nothing to do with free speech, but everything to do with bearing responsibility for one’s own actions.

Lorenzo Ospri is a fellow at the Johns Hopkins School of Medicine.

April 10, 2013 Posted by | Civil Liberties, Timeless or most popular | , , , , , | Leave a comment

Fatal Payback for Organizing, Mother Says

By IULIA FILIP | Courthouse News | April 9, 2013

GULFPORT, Mississipi – A worker trying to unionize an unsafe workplace was dragged into a conveyor and killed when the plant intentionally left him unattended inside and failed to lock the equipment, his mother claims in court.

Cynthia Hebert sued Omega Protein, ACE American Insurance Co., and ESIS Inc., in Federal Court, seeking damages for the death of her son, Christopher Allen Hebert.

She claims Omega “engaged in intentional conduct designed to bring about injury, or death, to Christopher.”

In the years before he died, Chris Hebert tried to unionize the workers at the unsafe plant, which met “harsh resistance” from management, his mother says in the complaint.

Christopher died on April 9, 2012, at Omega Protein’s Moss Point, Miss. fish-processing plant, according to the complaint.
Houston-based Omega Protein produces omega-3 fish oil and fish meal.

Hebert, 24, had worked at the plant for three years, according to WLOX-TV of Biloxi.

While working in the maintenance department, he reported to his supervisors “what he believed to be unreasonably unsafe and dangerous working conditions,” but management failed to act, according to the complaint.

“Upon information and belief, because Christopher’s reports of unsafe and dangerous work conditions were not acted upon by Omega Protein, Christopher began to discuss with other employees and management the need to unionize the workers at the Moss Point facility,” his mom says in the complaint. “Christopher began the process of unionization by having the employees sign a petition. Christopher believed that unionization of the employees at the Moss Point facility would help to improve the working conditions and eliminate the unsafe and unreasonable dangerous conditions there. Based upon information and belief, Christopher’s efforts to unionize the employees of Omega Protein were met with harsh resistance from the management at Omega Protein. Based on information and belief, Christopher was harassed by the management of Omega Protein for his unionization efforts.

“On April 9, 2012, Christopher reported to work at the Moss Point facility. After arriving at work, he was directed by supervisor Wayne Gray to weld the seams of a newly installed hopper that released fish products into a single screw conveyor at its base. At that time, supervisor Gray assigned an employee to be Christopher’s safety watchperson. This new ‘safety’ watchperson was not the same watchperson Christopher partnered with normally. At the time Christopher began his work, the single screw conveyor equipment remained energized and operational. At the time Christopher began his work, Christopher was unaware that the single screw conveyor was energized and operational. The single screw conveyor was not locked out or otherwise prevented from operating. While Christopher was inside the single screw conveyor, his safety watchperson left without notifying Christopher. After the safety watchperson left, another employee was directed by an Omega Protein supervisor to turn on the single screw conveyor.

“When the single screw conveyor was activated, Christopher was dragged into the machinery feet first. Christopher began screaming for help as the machine dragged him in. Other employees heard Christopher’s screams and arrived at Christopher’s location. Christopher’s last words were ‘I’m dead!’ Christopher died of massive blood loss.

“Based upon information and belief, defendant Omega Protein intentionally chose not to have lockout equipment and safety rules for the single screw conveyor which killed Christopher. Based on information and belief, defendant Omega Protein intentionally left Christopher unattended in the energized and operational single screw conveyor without a safety watchperson. Based upon information and belief, defendant Omega Protein, by and through its employees, engaged in intentional conduct designed to bring about injury, or death, to Christopher.”

Hebert’s mother claims that ACE and ESIS, which provided workers’ compensation insurance to Omega Protein, failed to inspect the plant and implement machinery safety rules.

Omega Protein did not have its own safety rules, and relied on the insurers to design and implement them, according to the complaint.

Hebert’s family seeks compensatory and punitive damages for wrongful death, pain and suffering, negligence, and breach of contract.

It is represented by David Harris Jr. with the Corban Gunn Van Cleave Law Firm of Biloxi.

Omega Protein did not return a request for comment.  

April 10, 2013 Posted by | Civil Liberties, Solidarity and Activism, Subjugation - Torture | , , , | Leave a comment

Palestinian Cameraman Shot In The Face In Bethlehem

By Saed Bannoura | IMEMC & Agencies | April 08, 2013

117486alazzablessure1Bethlehem, Monday April 8, 2013, Palestinian medical sources reported that a Palestinian cameraman was shot in the face, on Monday evening, by a rubber-coated metal bullet, in the Aida refugee camp in the West Bank city of Bethlehem.

The Palestine News Network (PNN) has reported that Mohammad Waleed Al-Azza was shot during clashes that took place between Israeli soldiers invading the camp and local youths who hurled stones at them.

PNN added that Al-Azza, who works at the Refugee Media Center in addition to freelancing for PNN and other agencies, was deliberately shot in the face by the soldiers who tried to stop him from documenting the invasion.

The soldiers tried to push him away, and when he refused to leave, one of the soldiers pointed his gun at him and shot him from a relatively close range.

Al-Azza’s medical condition was described as moderate; he was moved to the Bethlehem Arab Society for Rehabilitation, in Bethlehem, where he will undergo surgery.

The camp has been witnessing an extended wave of escalation since several months now, due to repeated Israeli invasions and attacks against the residents, PNN said.

Several reporters have been injured in recent clashes between the soldiers and the Palestinians in different parts of the occupied West Bank, and occupied East Jerusalem.

April 9, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture | , , , , , | Leave a comment

Supporters Say All The Wrong Things to Try and Pass CISPA

By Mark M. Jaycox | EFF | April 8, 2013

Ever since reintroducing CISPA, the so-called “cybersecurity bill,” its supporters promote the bill with craftily worded or just plain misleading claims. Such claims have been lobbed over and over again in op-eds, at hearings, and in press materials.  One “fact sheet” by Rep. Rogers and Ruppersberger titled “Myth v. Fact” is so dubious that we felt we had to comment.

Here are some of the statements supporters of CISPA are pushing and why they’re false:

Supporters of CISPA say, “There are no broad definitions”

Supporters are keen to note that the bill doesn’t have broad definitions. In the “Myth v. Fact” sheet, the authors of CISPA specifically point to the definition of “cyber threat information.” Cyber threat information is information about an online threat that companies can share with each other and with any government agency—including the NSA. In hearings, experts have said that they don’t need to share personally identifiable information to combat threats. But the definition in the bill allows for any information related to a perceived threat or vulnerability—including sensitive personal information—to be shared. Cyber threat information should be a narrowly defined term.

Another example of a broad (or missing) definition is the term “cybersecurity system.”  Companies can use a “cybersecurity system” to “identify or obtain” information about a potential threat (“cyber threat information”). The definition is critical to understanding the bill, but is circular.  CISPA defines a “cybersecurity system” as “a system designed or employed” for a cybersecurity purpose (i.e. to protect against vulnerabilities or threats). The language is not limited to network security software or intrusion detection systems, and is so broadly written that one wonders if a “system” involving a tangible item—e.g., locks on doors—could be considered a “cybersecurity system.”  In practical terms, it’s unclear what is exactly covered by such a “system,” because the word “system” is never defined.

The best example of a dangerous undefined term in the bill is found within the overly broad legal immunity for companies. The clause grants a company who acts in “good faith” immunity for “any decisions made” based off of the information it learns from the government or other companies. Does this cover decisions to violate other laws, like computer crime laws? Or privacy laws intended to protect users? Companies should not be given carte blanche immunity to violate long-standing computer crime and privacy law. And it is notoriously hard to prove that a company acted in bad faith, in the few circumstances where you would actually find out your privacy had been violated.

Supporters of CISPA say, “The bill is not a government surveillance program”

Supporters are adamant CISPA doesn’t create a wide-ranging “government surveillance program.” It’s true the bill doesn’t create such a surveillance program like the one described in the ongoing warrantless wiretapping lawsuits.

But the trick here is what is meant by “government surveillance.”  We think that if the bill aims at having our information flow to the government, it’s tantamount to government surveillance, whether or not the government initially collected the information.

The bill creates a loophole in the privacy laws that prevented companies from disclosing your information to the government and gives companies broad legal immunity for sharing information with the government. As a result, CISPA makes it more likely that companies will surveil their own users and then disclose that information.  The sly wording dodges the key issue: that CISPA encourages companies to conduct surveillance on their networks and hand “cyber threat information” to the government. In short, the bill encourages a de facto private spying regime, with the same end result.

Supporters of CISPA say, “The government can’t read your private email”

Reps. Rogers and Ruppersberger are adamant CISPA doesn’t grant the government access to read private emails. The claim was recently repeated by James Lewis, a fellow at the Center for Strategic and International Studies. But the broad definitions do allow for personal information to be gathered by companies and then sent to the government without any mandatory minimization of personal information. And under the vague definitions an aggressive company could claim that private messages are related to the threat, obtain them, and share then with the government.  If Reps. Rogers and Ruppersberger did want content of emails disclosed under CISPA, it would be easy enough to exclude them explicitly.

Supporters say, “CISPA follows advice from privacy and civil liberty advocates”

In his introduction of the bill, Rep. Rogers assured the audience that he has listened to the privacy and civil liberties community.

This year’s CISPA does contain some language added after privacy and civil liberties advocates complained in 2012.  But those changes didn’t address some big issues that were raised last year, and this year’s privacy and civil liberties complaints about CISPA remain unaddressed.

Let’s Stop CISPA

Reps. Rogers and Ruppersberger are on a strong publicity offensive to make sure the bill passes. The American public deserves full explanations and clear meanings about what CISPA can do and the extent to which it can do it. The public doesn’t need carefully worded messaging materials that obfuscate and mislead a discussion on CISPA. The issues at stake—like the broad legal immunity and new spying powers that allow for companies to collect private, and sensitive, user information—are too serious.

To stop this type of misinformation—and to stop CISPA—we urge you to tell your members of Congress to stand up for privacy.

April 9, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , | Leave a comment

Guatemala: Ríos Montt Trial Implicates Current President

Weekly News Update on the Americas | April 7, 2013

Guatemalan president Otto Pérez Molina was involved in some of the crimes against humanity for which former dictator Gen. Efraín Ríos Montt (1982-83) and his former intelligence, Gen. José Rodríguez, are now on trial in Guatemala City, according to testimony by a prosecution witness at the trial on April 4. The witness, Hugo Reyes, was an army engineer stationed near Nebaj, El Quiché department, in the Ixil Mayan region, during the early 1980s, at a time when the current president was an army major commanding troops in the area. Reyes said Pérez Molina, then known as “Commander Tito” and “Major Tito Arias,” was among the officers in charge of soldiers who “coordinated the burning [of homes] and pulling people out so they could execute them.”

Speaking by video conferencing from an undisclosed location, Reyes testified that soldiers kidnapped civilians and took them to a military base for torture and execution. “Some had their tongues cut out and their fingernails removed and other injuries,” he said. “The army officers said to them: ‘Sons of bitches, talk or we’ll cut out your tongues.’” “Indian seen, Indian dead–that was the motto they had,” Reyes said; most of the victims were indigenous. “It’s a lie,” Pérez Molina told reporters on April 5. He dismissed the events at the trial the day before as a “circus,” adding: “Bringing in false witnesses takes away all seriousness from the justice system.” (Reuters 4/5/13; Europa Press (Madrid) 4/6/13)

Pérez Molina has frequently been accused of participating in the Ríos Montt government’s “scorched earth” policies, which led to thousands of civilian deaths. A 1983 documentary shows Pérez Molina being interviewed by US investigative reporter Allan Nairn while standing near several battered corpses in Nebaj; one of the soldiers told Nairn that these were captives Pérez Molina had “interrogated” [see Update #1114].

While attention is focused on the Ríos Montt trial, the harassment and murder of activists continues, with at least five murdered in a single month. Tomás Quej, an indigenous leader who had just won a legal struggle for land for his community in the central department of Baja Verapaz, was found dead on February 26 with a gunshot wound to his heart. Carlos Hernández Mendoza, an anti-mining activist and a leader in the National Union of Health Workers of Guatemala (SNTSG), was shot dead on March 8; indigenous campesino leader Gerónimo Sol Ajcot was shot dead three days later, on March 11 [see Update #1168]. On March 17 Exaltación Marcos Ucelo, a leader in the Xinca indigenous group, was murdered and three other activists were kidnapped, beaten and then released; the group was demonstrating against mining operations by the Canadian company Tahoe Resources. Ucelo was also involved in land disputes. On March 21 Santa Alvarado, like Hernández a member of the SNTSG, was kidnapped and strangled. (Global Voices (Amsterdam) 3/25/13)

April 9, 2013 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Solidarity and Activism, Subjugation - Torture, Timeless or most popular, War Crimes | , , , | Leave a comment

Canadian police arrest 279 protesters in Montreal

Press TV – April 7, 2013

Hundreds of protesters have been arrested during a demonstration against Canada’s police tactics in the country’s second-largest city of Montreal.

The Friday demonstration was held in protest against the controversial municipal bylaw called P-6, which allows the police to declare a protest event illegal in case no itinerary is given to authorities prior to the protest.

At least 279 protesters were arrested and fined 637 Canadian dollars for participating in an ‘illegal’ protest.

The P-6 also forbids participants to cover their faces during a protest.

Critics say that the P-6 is a form of police repression.

The event on Friday was organized by the Anti-Capitalist Convergence, also known as CLAC, who said the protest was a family-friendly event that aimed to “take back the streets.”

CLAC argues that holding a peaceful gathering is a right within the Canadian Charter of Rights and Freedoms.

Since February, several protests against the P-6 have been held in Montreal, with a total of nearly 600 people arrested and fined.

April 7, 2013 Posted by | Civil Liberties | , , , , | Leave a comment

Israeli military court sentences cartoonist to five months in jail

Palestine Information Center – 06/04/2013

DataFiles-Cache-TempImgs-2013-1-images_News_2013_04_06_sabana_300_0JENIN — The Israeli military court in Salem, north of Jenin, has sentenced Palestinian cartoonist Mohammed Sabana to five months imprisonment on the charge of contacting “hostile parties”.

Family members told the PIC reporter on Saturday that the court passed the sentence on Friday and charged Sabana with making such contacts during his visit to Jordan.

They said that the charges were unfounded, adding that the sentence was illegal and proved the summary trials conducted against Palestinian citizens.

The relatives affirmed that Sabana was not involved with any political party or organization and was just an activist who employs his cartoons in exposing the Israeli occupation’s crimes.

Sabana was arrested on his return from Jordan last February and held for interrogation. His brother, Thamer, was also detained for his pro-prisoners’ activities.

April 6, 2013 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Full Spectrum Dominance, Subjugation - Torture | , , , , | Leave a comment

The Totalitarianism of Universal Background Checks

By Anthony Gregory | The Beacon | April 4, 2013

Finally, some sanity, and from a somewhat unexpected source. The ACLU is concerned about the civil liberties implications of the new Harry Reid Senate bill to establish so-called “universal background checks” for firearms purchases. The organization has tended toward silence on gun rights, but at least now it recognizes aspects of the problem with this terrible proposal.

Ever since Sandy Hook, the Obama administration and its progressive choir have demanded a new Assault Weapons Ban (AWB). Now it looks like that plan is toast. California Senator Dianne Feinstein blames gun owners and the NRA, and in a sense we should have expected all along that this proposal would get nowhere. Such a ban would mostly target “semi-automatic” rifles—which, despite all the hysterics, simply refers to any standard rifle that fires one round each time the trigger is pulled—that happen to have esthetic elements like the pistol grip that do not in fact add to the weapons’ lethality. This is the nonsensical standard used to ban some classes of weapons instrumentally identical to the ones banned in 1994.

The first AWB devastated the Democrats politically, and probably contributed as much as anything to the Republicans’ crushing victory in the 1994 congressional elections after forty years in the legislative minority. It also hurt Al Gore in his run against George W. Bush in 2000. The ban generally prohibited ordinary but scary looking rifles, which are used in about two percent of violent crimes committed with firearms. The law did not apply to, say, most of the weapons used at the Columbine school massacre in 1999. But it did interfere with Americans’ basic right to own what we can fairly call the modern version of the musket. Millions of Americans own such weapons like the AR-15, the most popular rifle and one targeted by the Democrats’ proposal for a new, robust AWB. These weapons are used for hunting, sport, and self-defense. They are not, despite all the misinformation to the contrary, repeating, military-style rifles.

In any event, the unpopularity of an AWB always doomed this proposal, especially under a Democratic president as distrusted on the right as Obama. The Republicans have the House and too many Democrats in the Senate are loyal to their gun-owning constituents.

So this whole time, the real threat to our firearms freedom has been these less debated, peripheral proposals—proposals that strip people the state deems “mentally ill” of the right to bear arms, proposals that violate the civil rights of released convicts, proposals to increase penalties for violations of current law, and, as disturbing as anything, proposals to institute “universal background checks.”

The gun restrictionists have pointed to polls showing more than 90% approval of such background checks, including among a vast majority of conservatives, Republicans, and gunowners. Liberty is always attacked on the margins, and most Americans don’t go to gun shows and so don’t see the big deal. Surely the state should know who is armed. Surely we don’t want people buying and selling guns freely.

But, in fact, universal background checks are arguably even more tyrannical than banning whole classes of weapons. Why should the government know who is armed? Why shouldn’t people be allowed to freely buy and sell private property without government permission? Half of Americans see background checks as the first step toward full registration then confiscation. Many fear that the new law would create records of these deals that would not immediately be destroyed, which could form databases or enable government in further nefarious purposes. The progressives have tended to regard any of these worries as paranoia, but it looks like the ACLU is now among the paranoid.

There is no need to discuss pure hypotheticals. There have been gun confiscations in the United States. After the Civil War, officials conducted confiscations to disarm American Indians and blacks became the target in the Jim Crow South. Confiscations followed Hurricane Katrina, along with the rest of the government’s martial law response. Since many gun controllers openly say they want a total ban of certain kinds of firearms, or all firearms, why wouldn’t gun owners fear that registration will lead to confiscation? The U.S. president promised that he would not take away Americans’ rifles, then went ahead and proceeded to propose to do just that. Add all of this to the database growth, the warrantless wiretapping, the domestic surveillance drones, the frightening executive power grabs concerning detention, interrogation, and executions, and the overall militarization of policing that has unfolded thanks to the wars on drugs and terror, and it seems fairly appropriate that in the age of Bush and Obama, civil libertarians of all stripes would resist the drive toward universal background checks or anything with such an Orwellian name as that.

This whole matter should also remind us of the interlocking nature of personal liberties. Abolishing the Second Amendment necessarily means abolishing the Fourth as well. Just ask the millions of black and Hispanic young men stopped and frisked in New York City in the name of gun control and with the purpose, as the police commissioner reportedly put it, to “instill fear” of police in these demographic groups. It is the violations of privacy that concern the ACLU, but anyone jealous of her security in her papers, persons, and effects should recoil at the thought of the state collecting these records.

Of course, it should go without saying that when it comes to criminal enterprise, universal background checks are unenforceable. In a country with as many guns as there are people, criminals and the state will always get the weapons they want. Firearms are easier to manufacture than many illegal drugs, and we see how well the state has stamped those out. The rapid developments in 3-D printing makes it even crazier that we’d still be talking about gun control as anything but a threat to the liberty of the law abiding.

The AWB looks defeated for now, but perhaps that was always known to be inevitable by our cynical civilian disarmament fetishists in Washington, DC. Perhaps the real goal was to get what could be gotten now—the beginnings of a national database of every lawful gun owner. The so-called gun show loophole—the freedom of owners to sell firearms to one another with few encumbrances—is a pocket of liberty. Closing this loophole would be a tragedy. We can only hope that civil libertarians across the spectrum ban together to challenge this march to erode these core freedoms.

April 6, 2013 Posted by | Civil Liberties, Deception, Timeless or most popular | , , , , , , | Leave a comment

UN rights chief calls on US to close Guantanamo

RT | April 5, 2013

Washington’s failure to close Guantanamo and release indefinitely held detainees is a “clear breach of international law,” UN human rights chief Navi Pillay said in a statement on Friday, as the “desperate” hunger strike nears two months.

Calling the ongoing Guantanamo Bay prison hunger strike a “desperate,” but “scarcely surprising” act, the United Nations High Commissioner for Human Rights expressed her “deep disappointment” of the US government’s inability to keep to its four-year-old pledge to shut down the controversial prison.

“We must be clear about this, the United States is in clear breach not just of its own commitments but also of international laws and standards that it is obliged to uphold,” Pillay said in a statement.

She condemned “the continuing indefinite incarceration of many of the detainees,” saying it “amounts to arbitrary detention,” and thus violates international law.

Pillay also said it undermines the US’ stance of a human rights “upholder,” and reminded that when other countries breach human rights standards, the US is the first to strongly criticize them for it.

According to Pillay, about half of the 166 Guantanamo detainees have been cleared for transfer either to home countries or third countries for resettlement, but haven’t been released. The other half may be doomed to keep “festering” in detention for an indefinite period of time, she added.

Of the 166 detainees, which come from 23 different countries, only nine have been charged or convicted of crimes.

According to official reports, some forty inmates have joined the current hunger strike in protest against their indefinite detention, which has already been going on for 59 days. The prisoners claim the number of those taking part is close to 130.

Some of the hunger strike participants are being force fed with liquid nutrients by means of tubes inserted through their noses into their stomachs, to counteract alarming weight loss.

The US military has started the forced feeding- a process the UN has compared to torture- despite opposition from the International Committee of the Red Cross (ICRC) monitoring the prisoners’ condition. Military officials have also denied mistreating the prisoners, or breaking internationally recognized laws, saying that an “alternate narrative simply do not withstand intellectual rigor” as cited by Reuters.

President Obama “has not taken the necessary steps… when he had the power to” in connection with the release of Guantanamo detainees and prison closure, and is not using his “full powers” now that the process is blocked by a number of factors, Jonathon Hafetz, professor at the Seton Hall University School of Law told RT.

“You have the military continuing to press for holding detainees and use military commissions, rather than regular courts. Particularly, you have Congress, which has placed very onerous restrictions on transferring detainees to other countries, including detainees who the White House has cleared for transfer,” Hafetz said, speaking of the obstacles in the way of the infamous prison abolition.

There’s no doubt that international law is being broken in a number of respects in Guantanamo, Hafetz added.

The US has been violating international law by the “indefinite detention of individuals who don’t pose the risk of a threat,” and the prosecution in military tribunals have charged for offenses like “material support for terrorism or conspiracy,” which are not recognized as war crimes under international law, the lawyer said.

“The absence of accountability for the torture and the other abuses that occurred at Guantanamo is another violation of international law – the state has a duty to investigate and prosecute offences, and the US has not done that,” Hafetz added.

Follow RT’s day-by-day timeline on Gitmo hunger strike.

April 5, 2013 Posted by | Civil Liberties, Deception, False Flag Terrorism, Subjugation - Torture, Timeless or most popular | , , , , , , , | Leave a comment

Report Details Government’s Ability to Analyze Massive Aerial Surveillance Video Streams

By Jay Stanley | ACLU | April 5, 2013

Yesterday I wrote about Dayton Ohio’s plan for an aerial surveillance system similar to the “nightmare scenario” ARGUS wide-area surveillance technology. Actually, ARGUS is just the most advanced of a number of such “persistent wide-area surveillance” systems in existence and development. They include Constant Hawk, Angel Fire, Kestrel (used on blimps in Afghanistan), and Gorgon Stare.

One of the problems created by these systems—which have heretofore been used primarily in war zones—is that they tend to generate a deluge of video footage. A 2010 article says that American UAVs in Iraq and Afghanistan produced 24 years’ worth of video in 2009, and that that number was expected to increase 30-fold (which would be 720 years’ worth) in 2011. Who knows what that’s up to this year, or where it will be by, say, 2025. The human beings who operate these systems can’t possibly analyze all that footage.

In an attempt to solve this problem, Lawrence Livermore Labs has created a system for the military called “Persistics.” It can be used in conjunction with drone (or manned) camera systems such as ARGUS to help manage the vast oceans of video data that are now being generated. The system is

designed to help the Department of Defense and other agencies monitor tens of square kilometers of terrain from the skies, with sufficiently high resolution for tracking people and vehicles for many hours at a time.

That’s from a May 2011 report that I recently came across with the faintly ominous title “From Video to Knowledge.” Produced by Livermore Labs, it contains a lot of interesting detail about Persistics and the problems and solutions involved in massive aerial video surveillance.

The Persistics system consists of algorithms that “analyze the streaming video content to automatically extract items of interest.”

Its analysis algorithms permit surveillance systems to “stare” at key people, vehicles, locations, and events for hours and even days at a time while automatically searching with unsurpassed detail for anomalies or preselected targets.

With Persistics, the report boasts, “analysts can determine the relationships between vehicles, people, buildings, and events.” Among the capabilities touted in the report are:

  • “Seamless stitching” together of images from multiple cameras to create “a virtual large-format camera.”
  • Stabilizing video (“essential for accurate and high-resolution object identification and tracking”).
  • Eliminating parallax (the difference in how an object appears when viewed from slightly different angles).
  • Differentiating moving objects from the background.
  • The ability to automatically follow moving objects such as vehicles.
  • Creating a “heat map” representation of traffic density in order to “automatically discern if the traffic pattern changes.”
  • Comparing images taken at different times and automatically detecting any changes that have taken place.
  • Super-high “1,000-times” video compression.
  • The ability to provide all the locations a particular vehicle was spotted within a given time frame.
  • The ability to provide all the vehicles that were spotted at a particular location within a given time frame.

Technologically, according to the report, the Persistics program relies heavily on the explosion in the power of consumer Graphics Processing Units (GPUs) used in video games and the like.

The report also says that the system “is being further enhanced” to work with ARGUS, and includes new details about that system:

Persistics can simultaneously and continuously detect and track the motion of thousands of targets over the ARGUS-IS coverage area of 100 square kilometers. ARGUS-IS can generate several terabytes of data per minute, hundreds of times greater than previous-generation sensors.

Previous reports said that ARGUS could cover 15 square miles; here it reports 100 square kilometers, which is 38.6 square miles. (I suppose we should expect Moore’s Law-like expansion in the capabilities of these systems.)

Of course, the system is designed to store and retrieve all the records and data about everything that it surveils:

Persistics supports forensic analyses. Should an event such as a terrorist attack occur, the archival imagery of the public space could be reviewed to determine important details such as the moment a bomb was placed or when a suspect cased the targeted area. With sufficiently high-resolution imagery, a law-enforcement or military user could one day zoom in on an individual face in a heavily populated urban environment, thus identifying the attacker.

As with every privacy-invading technology designed and/or sold as helping foil terrorists, we have to wonder how long it will be before it’s applied to tracking peace activists.

Future work on Persistics is focused on the kind of behavioral analytics that have been discussed in the context of programs such as “Trapwire.” Livermore scientists, according to the report, are now working on automated methods for identifying “patterns of behavior” that could indicate “deviations from normal social and cultural patterns” and “networks of subversive activity.”

Also under development are efforts to allow the three-dimensional viewing of targets, as well as “methods to overlay multiple sensor inputs—including infrared, radar, and visual data—and then merge data to obtain a multilayered assessment.”

Of course, much of this is unobjectionable from a domestic civil liberties point of view when it’s used as originally intended: on foreign battlefields. The problem comes when the government brings the technology home and turns it inward upon the American people. In fact, at the close of the report, Livermore contemplates exactly that:

Unmanned aircraft have demonstrated their ISR [intelligence, surveillance, and reconnaissance] value for years in Afghanistan and Iraq. As U.S. soldiers return home, the role of overhead video imagery aided by Persistics technology is expected to increase. Persistics could also support missions at home, such as monitoring security at U.S. borders or guarding ports and energy production facilities. Clearly, with Persistics, video means knowledge—and strengthened national security.

Among the federal agencies most interested in the technology, the report says, is DHS.

April 5, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , | Leave a comment