Hundreds and perhaps thousands of prisoners behind bars for crimes they did not commit could prove their innocence with relative ease—if only prosecutors would let them. Although the American criminal justice system purports to create a level playing field, for example by requiring prosecutors to share relevant information with defense lawyers, only prosecutors have access to the DNA databases that more than 300 former prisoners have used to prove their innocence since 1989.
Operated and maintained by the FBI, the federal Combined DNA Index System (CODIS) database contains data regarding 10 million offenders and 1.3 million arrestees, and is growing at an accelerating rate. At present, however, prosecutors have an iron grip on CODIS and only nine states—Colorado, Georgia, Illinois, Maryland, Mississippi, New York, North Carolina, Ohio and Texas—have laws granting defendants access to DNA databases.
According to defense attorneys and civil libertarians, legal reforms are needed to make the DNA databases equally available to defense lawyers. Steven Benjamin, president of the National Association of Criminal Defense Lawyers, called it “a national problem, a huge and recurring one,” because “juries expect the defense to be able to prove that if your client didn’t do it, who did? Science doesn’t belong to the government, but they act like it does. Unless the defense is given access to this information, the playing field remains uneven in criminal justice.”
Even some prosecutors say they agree: “We, as law enforcement and prosecutors, are obligated to seek the truth and follow the evidence, and DNA should be entered into CODIS,” said Scott Burns, executive director of the National District Attorneys Association. “It seems like there should be laws for it, and I agree that the defense should be given the information.”
“You’d think there would be a federal rule or a statute in every state creating the clear obligation to do a CODIS search in any case where the defense wants it,” said Brandon L. Garrett, a professor of law at the University of Virginia.
However, as Garrett has also pointed out, when it comes to prisoners challenging their convictions, prosecutors “are attached to their convictions, and they don’t want to see their work called into question.”
Amazing stuff, India ink. A few drops spread vigorously with a roller for several minutes on an iron plate are enough for eight sets of fingerprints and two sets of hand prints on four ancient double-sided and folded Indian police fingerprint forms. By contrast, the mug shot was taken with a digital camera. After that, I was issued an official deportation order, for which I signed to acknowledge receipt. My passport remained in police custody until I got to the security check at the airport, when it was returned to me.
My crime? I had spoken to an audience of 22,000 youth at a Student Islamic Organization conference in Kerala State without having a visa that authorized public speaking or conference participation. India is perhaps the only “democracy” where free speech for foreigners depends upon the visa they are carrying. In fact, it is probably the only such country that has no visit visa category at all, and which has one of the most convoluted, bureaucratic and invasive visa application procedures this side of North Korea.
Not that the visa restrictions are always enforced. However, the myriad regulations and procedures (“for public protection”) permit the security apparatus to control individuals and events at their discretion without having to cite the true reasons for their enforcement. Every effective police state knows the drill.
In my case, I used a tourist visa, because the conference visa is a truly onerous procedure unless it is a state-sponsored event. In fact, that is the only type of conference participation permitted, because even private groups must seek state sponsorship in order to bring speakers from outside. In today’s India, however, state sponsorship is hardly a routine bureaucratic procedure.
It shouldn’t have been this way. India was supposed to have been the model for tolerant multi-ethnic, multi-linguistic, multi-confessional societies. And when India was a leader of the Non-Aligned Movement, carefully balancing its relationships among great and small powers and supporting those who might otherwise be a mere pawn in world affairs, this promise seemed plausible.
Regrettably, India has now become a home-grown Raj, choosing sides and fomenting discord between competing interests as a means of governing and controlling, in the best traditions of its colonial past. Thus, for example, conservative Salafist clerics are welcome when they attend conferences on tourist visas, while human rights speakers like David Barsamian, John Esposito, Yvonne Ridley, Wilhelm Langthaler and myself are unwelcome, and are denied visas or expelled, and/or their hosts are prosecuted.
The Salafist treatment is part of a Machiavellian formula hatched by India with its newest partner, Israel. Salafists deserve free speech as much as anyone, but the reason India accords more of it to them is on the advice of Israel. Israel promotes Islamophobia as part of its strategy of demonizing Palestinians and Arabs, a majority of whom are Muslims, and the Salafist brand of Islam fits Israel’s agenda of portraying Islam as an extremist ideology. This stokes the flames of the more extreme nationalist Hindu groups in India and plays on the fears of many other non-Muslim groups, as well. Since Pakistan is an external Muslim enemy, such demonization helps to unify non-Muslim India and permit popular tolerance of greater government control as well as encroachment of security forces on civil rights and privacy.
In fact, India has its own version of the U.S. Patriot Act, curbing the rights of its people. It is called the Unlawful Activities Prevention Act (UAPA), and while the title is more honest than “Patriot”, it is also a bit scary. It implies that people can be snatched from the edge of a sidewalk on the pretext that they were intent on jaywalking. No need for the infraction to happen first.[i] UAPA is an illustration of the degree to which human rights have been marginalized in the land of M.K. Gandhi and Abdulghaffar Khan.
Not that India doesn’t have real security concerns. Communal strife is as old as India itself and has sometimes risen to the level of genocide, which drove the 1947 Pakistan secession. However, it is one thing to use law enforcement to prevent fighting and quite another to use it to drive a wedge between communities with a view towards playing them off against each other.
A case in point is the role that Israel is playing. The self-proclaimed Jewish state is selling itself to India as a worthwhile ally on the basis that it is a) an experienced and effective leader in the fight against Islamist extremism and terrorism, b) a supplier of high-tech weapons and intelligence, and c) a means of access to U.S. support and cooperation. In effect, Israel is saying that both states have common friends and enemies and that Israel is in a position to provide what India needs.
India appears to be buying, and is currently the largest customer for Israeli military arms systems and services. Never mind that the expensive Iron Dome systems are effective less than 50% of the time against rockets from Gaza that use 16th century technology. Like most governments, India has been seduced by the promise of omniscient surveillance systems and the prospect of winning battles rather than preventing them.
This is obviously a devil’s bargain. True to the nature of such contracts, however, are the surprises that await the unwary. It is instructive to remember that Israeli agents once planted bombs in Baghdad synagogues to encourage Iraq’s Jews to emigrate to Israel. (It worked, and encouraged Iraqi thugs toward violence, as well.)
Since then, Israel has stolen nuclear weapon technology and weapons grade fissionable material from the U.S., conducted the most massive spying operation in U.S. history against its “ally”, and staged numerous assassinations and “black ops” actions outside its borders, including friendly countries. Questions currently surround the killing of Israeli tourists in Bulgaria and the putative assassination attempt on Israeli diplomats in India. Israel blamed both of these on Iran on the basis of flimsy evidence, possibly fabricated in collaboration with its allies, the violent Mujahedin-e-Khalq Iranian exile group.
India would do well to be more circumspect toward friends like this. Vilifying Iran is high on Israel’s current agenda, and Israel reportedly provided “evidence” and pushed the Indian government to prosecute the case. The result was the arrest of journalist Syed Mohammed Ahmed Kazmi, who anchors a news program on West Asia providing alternative views of events in the region. His open advocacy of better relations with Iran and his Iranian contacts were enough make him an Israeli target and an Indian suspect. After seven months of incarceration, however, the Indian government had to release him for lack of evidence.
Kazmi and I shared the podium at the SIO conference in Kerala and I was able to chat with him privately just prior to the event. He is a courageous man, willing to accept the risk of speaking in public so soon after his release, but appears to hold no bitterness. Peaceful dissent of this kind needs to be encouraged in India, which is well advised to heed John F. Kennedy’s warning that, “Those who make peaceful revolution impossible will make violent revolution inevitable.”
Sadly, Israel sees violent revolution in foreign countries to be in its national interest, under the “divide and conquer” principle. However, one would think that India’s principle would be the opposite if it wants to remain a successful unified nation with a highly diverse population seeking assurance that all their voices are heard in a national consensus. Furthermore, there is no need for India to acquire the same enemies as Israel. It may be in Israel’s perceived interests, but is it in India’s?
My few days in Kerala were an inspiring glimpse of what is possible. I saw thousands of young Indian Muslims whose religious and social mission is to benefit all mankind, to alleviate the social ills of Muslims and non-Muslims alike, to promote interfaith cooperation and to create an umbrella that is inclusive of everyone.
Although this was a Muslim event, many who attended were not Muslim and were invited directly by their Muslim neighbors. I was invited to be the keynote speaker even though I am not Muslim and spoke more generally about human rights and about Palestinian issues, which are not specifically Muslim or Indian. Roughly 40% of the attendees were young women, in a society not always known for its success in promoting women’s rights.
These young people were politically aware, committed, well organized and motivated. Society is supposed to create models for young people, but in this case it was the young that created a model for their society.
Dr. Paul Larudee is a human rights advocate and one of the co-founders of the movement to break the siege of Gaza by sea. He was deported from India on 31st December, 2012.
[i] For a fictional treatment illustrating the absurdity of this proposition, see the film Minority Report (2002).
The United States has imposed fresh sanctions on Iranian media despite Washington’s claims of respecting free speech. Sanctions have all been applied under the umbrella of concern for Iran’s nuclear program becoming militarized. The CIA and IAEA have constantly reported that Iran is not developing nuclear weapons while mainstream American media have promoted that Iran has or is producing a nuclear bomb. Many observers though contend that the many sanctions on Iran are an act of war as part of Western colonialism and imperialism that also serves the Zionists of Israel.
To further discuss the issue, Press TV’s News Analysis has conducted an interview with Joe Iosbaker, Stop FBI Repression, from Chicago, Kevin Barrett, a founding member of the Muslim-Jewish-Christian Alliance, from Wisconsin, and Daniel Pipes, founder and director of the Middle East Forum, from Philadelphia.
Haneen Zoabi is an Arab Israeli member of Israel’s parliament, the Knesset. She was elected in 2009 as a member from the Balad Party. Balad is an Arab party that was formed in 1995 with the aim of “struggling to transform the state of Israel into a democracy for all its citizens.” In the West, this is a perfectly normal goal. But Israel’s Zionist ideology disqualifies it as a “Western” nation. Thus Balad’s aim is in direct opposition to the Zionist idea of Israel as a “Jewish state,” a concept that Ms Zoabi labels “inherently racist.”
Apparently, Haneen Zoabi is fearless. She actually lives her principles. She has been campaigning loudly and very publicly for full citizenship rights for Israel’s Palestinians. She has also actively opposed Israel’s settlement movement, occupation policies, and its siege of Gaza. That last effort led her to participate in the international flotilla that sought to break the Gaza siege in May of 2010. That was the time Israeli commandos attacked the Mavi Marmara in international waters, killing 9 Turkish activists who tried to resist the assault on their ship.
In an outright dictatorship, Ms Zoabi would be in jail or worse. And, given the direction of Israel’s political evolution, that still might be her fate.
However, as of now she is just the worst nightmare of an ethnocentric state, and a government pushing racist policies while trying to pretend it is a democracy. It is a nightmare for the Israel’s Zionist leadership because Zoabi, as a member of the Knesset, insists that if the Israeli Jews won’t allow full citizenship for non-Jews, as a real democracy must, then she is not going to let them pretend anymore. Yet pretense is all that is left of Israel’s international persona. If the “Jewish state” loses the ability to posture as “the only democracy in the Middle East,” the country’s reputation in the world is, as the saying goes, fit for the dust hole.
Think of it this way. Israel is the nation-state equivalent of Oscar Wilde’s fictional character Dorian Gray. Gray is a man who never seems to be anything but young, good-looking, and successful. However, hidden away in some closet there is an extraordinarily ugly and frightening portrait of him, and it is this portrait that ages and reflects the meanness and brutality of Gray’s true character. Haneen Zoabi has uncovered such a portrait of Israel and insists on going about showing everyone the state’s real characteristics. She wants the world to see the true picture. That is why the Israeli government is trying to destroy Haneen Zoabi.
The Persecution
The catalyst for the campaign against Zoabi was her presence on the Mavi Marmara in 2010. Not only was she on a ship attempting to bring humanitarian assistance to over 1.6 million Gazans living under an illegal Israeli embargo, but she was also an eyewitness to nine official Israeli acts of murder.
To the acts of collective punishment, the shelling and bombing of civilian neighborhoods, and the seemingly random murder of civilians by Israeli border snipers, can now be added a deadly attack on a civilian vessel in international waters. All of these actions are criminal under international law and they all easily fall into the category of state terrorism. However, in the Kafkaesque world of Zionism, it is Ms Zoabi who became the “terrorist.”
When, on 2 June 2010, she returned to the Knesset following the the Mavi Marmara incident and insisted on bearing witness to Israeli offenses, she was shouted down by her “outraged” fellow members of the Knesset, most of whom saw Zoabi as a traitor. Her efforts to describe what she had seen reduced the Knesset session to “pandemonium.” From that point Ms Zoabi received “hundreds of threats, by letters, by email, by phone call.” In July of 2011, while contesting statements being made by Prime Minister Netanyahu, she was ejected from the Knesset by the chamber’s Speaker who then suspended her from further participation based on a grossly exaggerated charge that she had assaulted one of the chamber’s ushers.
Meanwhile, members of the Prime Minister’s party, Likud, conspired to ban Ms Zoabi from running in the upcoming Israeli elections (scheduled for 22 January 2013). The Knesset’s Ethics Committee voted that Zoabi had violated Article 7A of Israel’s “Basic Law” which states that a candidate for or member of the Knesset, “cannot reject Israel as a Jewish and democratic state…or support armed combat by an enemy state or terror organization against the State of Israel.” Some Israelis claim that the group organizing the flotilla efforts to break the Gaza siege is a terrorist organization, but that is clearly nonsense. On the other hand, there can be little doubt that Ms Zoabi is shouting from the rooftops the blatant fact that “Israel as Jewish and democratic state” reflects a deep and tragic contradiction.
According to such luminaries of the Israeli right as MK Danny Danon, Ms Zoabi has “spit on the state.” She does not belong in the Knesset, according to Danon, “she belongs in Jail.” (Danon is also the politician who had the clever idea of inviting Glenn Beck, an incendiary right-wing American TV talk show personality, to address the Israeli parliament.)
Subsequently, Israel’s supreme court declared the banning of Haneen Zoabi was unconstitutional, but Danon has replied that he and his allies are ready with “plan B.” They will simply have the Knesset change the law so as to prevent future electoral campaigns by anyone like Zoabi.
Conclusion
Politicians with dictatorial leanings instinctively avoid their own reflection. They cannot admit the consequences of their own actions and policies and they cannot tolerate others who publicly expose those consequences. Like Dorian Gray, they restrict the ugly truth to some hidden closet. Yet, eventually, someone like Ms Zoabi comes along and takes up the role of truth-teller.
There is another issue that her efforts bring to light. It is that the interests of the state (understood here as a government) and the interests of the nation (the collective occupants of a country) may not always be the same. Governments most often represent cliques or classes or elites or ideologues, etc. Those in power, ruling in the interest of these smaller constituencies, simply assume that their own parochial interests stand for the “national interest.”
Ms Zoabi is insisting that the Israeli State cease identifying itself with the interest of a single constituency and start representing the interests of the nation as a whole. What this is all about, she says, are “the values, the humanistic, universalistic values of freedom, of equality, of justice.” But there is nothing “universalistic” about Zionism and so, for her efforts, she is castigated and threatened. Such is the state that Zionism has built.
Active shooter drills are taking place all over the country. A local high school just had one for the cameras.
‘Consultants’ are telling businesses that lack of training, including drills, leaves one wide open to devastating lawsuits in case of an event. An industry has been created and since police cannot possibly be involved in all the ‘needed’ drills, actors are available for these services.
Perhaps most people would consider these drills to be prudent exercises in an insane world.
Perhaps in a world of false flags, staged psyop events and a lying media one might call these drills trauma programing or repetitive conditioning or maybe even ritual abuse.
There’s nothing like a live production to drive home fear, authoritarianism and submission – hidden agendas in the drill scenarios. The young impressible captive participants are especially vulnerable.
“(the) primary tool in reinforcing authoritarianism is preaching fear.” — John Dean
“The whole aim of practical politics is to keep the populace alarmed — and hence clamorous to be led to safety — by menacing it with an endless series of hobgoblins, all of them imaginary.” — H.L. Mencken
The United States has imposed fresh sanctions on Iran that include bans on the country’s media despite Washington’s claims of protecting freedom of speech.
The new bans are included in the $633-billion military bill for 2013 which US President Barack Obama signed into law on Wednesday night.
The anti-Iran sanctions portion of the bill, among other economic features, blacklists the Islamic Republic of Iran Broadcasting (IRIB) and its president Ezzatollah Zarghami and will block all the IRIB assets and prevent others from doing business with it.
The sanction against IRIB is an attempt by the West to silence Iranian media. It is on top of another flagrant violation of freedom of speech by satellite providers Eutelsat SA and Intelsat SA which stopped the broadcast of several Iranian satellite channels in October.
In November, the Hong Kong-based Asia Satellite Telecommunications Co. Ltd. (AsiaSat) also took all Iranian channels off air in East Asia under pressure from the US.
In a similar move in December, Spain’s top satellite company Hispasat ordered its satellite provider Overon to take Iranian channels Press TV and Hispan TV off the air.
The restrictions on Iranian media are interpreted as an attempt to silence the truth-telling media.
This comes as US lawmakers say the fresh anti-Iran sanctions portion of the bill is part of measures aimed at pressuring Iran to halt its nuclear energy program.
The United States, Israel and some of their allies have repeatedly accused Iran of pursuing non-civilian objectives in its nuclear energy program.
Over the false allegation, Washington and the European Union have imposed illegal unilateral sanctions against the Islamic Republic.
Iran refutes the allegations and argues that as a signatory to the Non-Proliferation Treaty and a member of the International Atomic Energy Agency, it is entitled to develop and acquire nuclear technology for peaceful purposes.
A federal judge issued a 75-page ruling on Wednesday that declares that the US Justice Department does not have a legal obligation to explain the rationale behind killing Americans with targeted drone strikes.
United States District Court Judge Colleen McMahon wrote in her finding this week that the Obama administration was largely in the right by rejecting Freedom of Information Act (FOIA) requests filed by the American Civil Liberties Union and The New York Times for materials pertaining to the use of unmanned aerial vehicles to execute three US citizens abroad in late 2011 [pdf].
Anwar al-Awlaki and Samir Khan, both US nationals with alleged ties to al-Qaeda, were killed on September 30th of that year using drone aircraft; days later, al-Awlaki’s teenage son, Abdulrahman al-Awlaki, was executed in the same manner. Although the Obama administration has remained largely quiet about the killings in the year since, a handful of statements made from senior White House officials, including President Barack Obama himself, have provided some but little insight into the Executive Branch’s insistence that the killings were all justified and constitutionally-sound. Attempts from the ACLU and the Times via FOIA requests to find out more have been unfruitful, though, which spawned a federal lawsuit that has only now been decided in court.
Siding with the defendants in what can easily be considered as cloaked in skepticism, Judge McMahon writes that the Obama White House has been correct in refusing the FOIA requests filed by the plaintiffs.
“There are indeed legitimate reasons, historical and legal, to question the legality of killings unilaterally authorized by the Executive that take place otherwise than on a ‘hot’ field of battle,” McMahon writes in her ruling. Because her decision must only weigh whether or not the Obama administration has been right in rejecting the FOIA requests, though, her ruling cannot take into consideration what sort of questions — be it historical, legal, ethical or moral — are raised by the ongoing practice of using remote-controlled drones to kill insurgents and, in these instances, US citizens.
“The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules — a veritable Catch-22,” she writes. “I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reason for their conclusion a secret.”
Throughout her ruling, Judge McMahon cites speeches from both President Obama and Attorney General Eric Holder in which the al-Awlaki killings are vaguely discussed, but appear to do little more than excuse the administration’s behavior with their own secretive explanations.
“The Constitution’s guarantee of due process is ironclad, and it is essential — but, as a recent court decision makes clear, it does not require judicial approval before the President may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war — even if that individual happens to be a US citizen,” McMahon quotes Mr. Holder as saying during a March 2012 address at Chicago’s Northwestern University. “Holder did not identify which recent court decisions so held,” the judge replies, “Nor did he explain exactly what process was given to the victims of targeted killings at locations far from ‘hot’ battlefields… ”
And while both Mr. Holder and President Obama have discussed the killings in public, including one appearance by the president on the Tonight Show with Jay Leno, the Justice Department insists that going further by releasing any legal evidence that supports the executions would be detrimental to national security.
While Judge McMahon ends up agreeing with the White House, she does so by making known her own weariness over how the Obama administration has forced the court to rely on their own insistence that information about the attacks simply cannot be discussed.
“As they gathered to draft a Constitution for their newly liberated country, the Founders — fresh from a war of independence from the rule of a King they styled a tyrant — were fearful of concentrating power in the hands of any single person or institution, and most particular in the executive,” McMahon writes.
Responding to the decision on Wednesday, ACLU Deputy Legal Director Jameel Jaffer issued a statement condemning the White House’s just-won ability to relieve itself from any fair and honest explanation as to the justification of Americans.
“This ruling denies the public access to crucial information about the government’s extrajudicial killing of US citizens and also effectively green-lights its practice of making selective and self-serving disclosures,” Jameel writes. “As the judge acknowledges, the targeted killing program raises profound questions about the appropriate limits on government power in our constitutional democracy. The public has a right to know more about the circumstances in which the government believes it can lawfully kill people, including US citizens, who are far from any battlefield and have never been charged with a crime.”
The ACLU says they plan to appeal Judge McMahon’s decision and are currently awaiting news regarding a separate lawsuit filed alongside the Center for Constitutional Rights that directly challenges the constitutionality of the targeted kills.
“The government has argued that case should also be dismissed,” the ACLU notes.
In a Wednesday afternoon statement from the Times, assistant general counsel David McCraw says the paper will appeal the ruling as well.
“We began this litigation because we believed our readers deserved to know more about the US government’s legal position on the use of targeted killings against persons having ties to terrorism, including US citizens,” McCraw says.
Although she ruled against the plaintiffs, Judge McMahon, says McCraw, explained “eloquently … why in a democracy the government should be addressing those questions openly and fully.”
US President Barack Obama’s administration is continuing rendition, the practice of sending terrorism suspects to third countries for detention and interrogation without due process.
George Bush administration’s practice of rendition is continuing under the Obama administration despite widespread condemnation of the tactic in the years after the September 11, 2001 attacks, the Washington Post reported on Wednesday.
According to the US daily, it is unknown how many renditions have taken place during Obama’s first term due to the secrecy involved but his administration has not disavowed the practice.
In the latest example of Obama administration’s use of the tactic, a number of American interrogates visited three European men with Somali origins in a jail in the small African country of Djibouti. The detainees had been arrested on a vague pretext in August as they were passing through the African country.
US agents accused the three men of supporting Somalia’s al-Shabab group. The prisoners were secretly indicted by a federal grand jury in New York two months after their arrest. They were then clandestinely taken into custody by the FBI and flown to the United States to face trial.
The secret arrests and detentions became known on December 21, when the suspects appeared briefly in a Brooklyn courtroom.
The US government has revealed little about the circumstances of the arrests. The FBI and federal prosecutors for the Eastern District of New York have also not said where and why the defendants were detained.
Human rights advocates have condemned the Obama administration’s decision to continue rendition.
Obama, in his first presidential candidacy, had strongly suggested he might end the practice but the tactic is still continuing under his administration.
Coming into 2012, the Internet community was looking down the barrel of very dangerous legislation that would have created legal structures to silence legitimate speech in the name of curbing online “piracy.” A House bill called the Stop Online Piracy Act (SOPA) and its Senate counterpart, the PROTECT IP Act (PIPA), had been debated, amended, and looked to be on the fast track for legislative approval.
That all changed on January 18. An historic “Blackout Day” protest, loosely coordinated by a coalition of public interest groups, startups, tech companies, and thousands of different websites, resulted in millions of emails and tens of thousands of calls to legislators. As sites across the web turned out their virtual lights at once, an important but otherwise arcane copyright bill became front-page news—and impossible for the content lobby and their favorite legislators to sneak past the public.
There were plenty of reasons to be concerned. After all, Congress has passed 15 laws aimed at stopping “piracy” over the last 30 years—an impressive record given the general absence of actual facts about the problem or the effectiveness of the proposed solutions. And even after an earlier protest, held in November 2011, resulted in nearly 90,000 calls to Congress in one day, SOPA’s author (and Judiciary Committee chair) Lamar Smith seemed intent on pushing the bill through, dismissing the complaints as not being “legitimate.”
But support for the bills began to crumble when met with the magnitude of the blackout protests. Over the course of January 18, people sent nearly a million emails to their legislators through the EFF’s action center alone, and many million more through other sites. Some of the most popular sites on the Internet, like Google, Reddit, and Wikipedia, were among over 100,000 pages dark in protest.
The defeat of SOPA and PIPA marked an important victory in an ongoing struggle for copyright policy that’s based on actual facts and real evidence. The January 18 protests, too, served as a template for a new era of online activism. In 2012, we’ve already seen similar battles play out all over the world; in 2013, we’re sure to see even more.
All things considered, 2012 was a terrible year for online privacy against government surveillance. How bad was it? States around the world are demanding private data in ever-greater volumes—and getting it. They are recognizing the treasure troves of personal information created by modern communications technologies of all sorts, and pursuing ever easier, quicker, and more comprehensive access to our data. They are obtaining detailed logs of our entire lives online, and they are doing so under weaker legal standards than ever before. Several laws and proposals now afford many states warrantless snooping powers and nearly limitless data collection capabilities. These practices remain shrouded in secrecy, despite some private companies’ attempts to shine a light on the alarming measures states are taking around the world to obtain information about users.
To challenge the sweeping invasions into individuals’ personal lives, we’re calling on governments to ensure their surveillance policies and practices are consistent with international human rights standards. We’re also demanding that governments and companies become more transparent about their use of the Internet in state surveillance.
Signs of Growing International Surveillance in 2012
A new law in Brazil allows police and public prosecutors to demand user registration data from ISPs directly, via a simple request, with no court order, in criminal investigations involving money laundering. And, a new bill seeks to allow the Federal Police to demand registration data of Internet users in cases of crimes without the need of a court order nor judicial oversight.
Colombia adopted a new decree that compels ISPs to create backdoors that would make it easier for law enforcement to spy on Colombians. The law also forces ISPs and telecom providers to continuously collect and store for five years the location and subscriber information of millions of ordinary Colombian users.
Leaked documents revealed that the Mexican government shelled out $355 million to expand Mexican domestic surveillance equipment over the past year.
The Canadian government put proposed online surveillance legislation temporarily “on pause” following sustained public outrage generated by the bill. The bill introduces new police powers that would allow authorities easy access to Canadians’ online activities, including the power to force ISPs to hand over private customer data without a warrant.
The EU’s overarching data retention directive has become a dangerous model for other countries, despite the fact that several European Courts have declared several national data retention laws unconstitutional.
Romania went ahead with adopting a new data retention mandate law without any real evidence or debate over the right to privacy, despite the 2009 Constitutional Court ruling declaring the previous data retention law unconstitutional.
The German government is proposing a new law that would allow law enforcement and intelligence agencies to extensively identify Internet users, without any court order or reasonable suspicion of a crime. This year, more details were found on German State Trojan Program to spy on and monitor Skype, Gmail, Hotmail, Facebook and other online communications.
The UK government is considering a bill that would extend the police’s access to individuals’ email and social media traffic data. The UK ISPs will be compelled to gather the data and allow the UK police and security services to scrutinize it.
A Dutch proposal seeks to allow the police to break into foreign computers and search and delete data. If the location of a particular computer cannot be determined, the Dutch police would be able to break into it without ever contacting foreign authorities. Another Dutch proposal seeks to allow the police to force a suspect to decrypt information that is under investigation in a case of terrorism or sexual abuse of children.
In Russia, several new legal frameworks or proposed bills enable increased state surveillance of the Internet.
Australian law enforcement and intelligence agencies have continued to advance the false idea of the need for data retention mandates, mandatory backdoors for cloud computing services and the creation of a new crime for refusing to aid law enforcement in the decryption of communications.
A controversy arose in Lebanon over revelations that the country’s Internal Security Forces (ISF) demanded the content of all SMS text messages sent between September 13 and November 10 of this year, as well as usernames and passwords for services like Blackberry Messenger and Facebook.
The Rwandan Parliament is discussing a bill that will grant sanctions the police, army and intelligence services the power to listen to and read private communications in order to protect “public security”, the keyword often invoked to justify unnecessary human rights violations.
Pakistan adopted a Fair Trial Bill authorizing the state to intercept private communications to thwart acts of terrorism. No legal safeguards have been built in to prevent abuse of power and the word “terrorism” has been poorly defined (a word that’s often invoked to justify unnecessary human rights violations).
RIM announced that they had provided the Indian Government with a solution to intercept messages and emails exchanged via BlackBerry handsets. The encrypted communications will now be available to Indian intelligence agencies.
The Indian government approved the purchase of technological equipment to kickstart the National Intelligence Grid (NATGRID)—a project that seeks to link databases for ready access by intelligence agencies. The project is expected to facilitate “robust information sharing” by security and law enforcement agencies to combat terror threats.
Moving Forward
EFF’s international team and a coalition of civil society organizations around the world have drafted a set of principles that can be used by civil society, governments and industry to evaluate whether state surveillance laws and practices are consistent with human rights. In 2013, we will continue demanding that states adopt stronger legal protections if they want to track our cell phones, or see what web sites we’ve visited, or rummage through our Hotmail, or read our private messages on Facebook, or otherwise invade our electronic privacy. EFF will keep working collaboratively with advocates, lawyers, journalists, bloggers and security experts on the ground to fight overbroad surveillance laws. Our work will involve existing legislative initiatives, international fora, and other regional venues where we can have a meaningful impact on establishing stronger legal protections against government access to people’s electronic communications and data.
The double standard of Israel-no-matter-what supporters can reach spectacular proportions. The recent case of Liberal Party leadership candidate Justin Trudeau’s speech proves the point and also illustrates the tactics employed to demonize the Islamic community.
Montreal-based anti-Muslim website Point de Bascule and pro-Israel Jewish group B’nai Brith successfully turned Trudeau’s speech to the Reviving the Islamic Spirit conference last weekend into a controversy. With help from some right-wing media outlets they made a big deal of the fact that one of (17) sponsors of the Toronto event has been accused of aiding Hamas by the Canada Revenue Agency (CRA).
In a bid to quiet the controversy the International Relief Fund for the Afflicted and Needy (IRFAN), which is challenging the CRA’s accusations in court, withdrew its sponsorship of the conference. Operating in a dozen countries, IRFAN is a leading Canadian Muslim charity that sponsored four thousand orphans at its high point.
In November 2004 then opposition MP Stockwell Day, backed by the pro-Israel Canadian Coalition for Democracies, called on the Liberal government to investigate IRFAN for any ties to Hamas. The CRA investigated the group but failed to register a serious complaint. Soon after Day and the Conservatives took power, the CRA audited IRFAN again. After a series of moves against the organization, in April 2011 the CRA permanently revoked the group’s charitable status, claiming “IRFAN-Canada is an integral part of an international fundraising effort to support Hamas.”
A big part of the CRA’s supporting evidence was that IRFAN worked with the Gaza Ministry of Health and Ministry of Telecommunications, which came under Hamas’ direction after they won the 2006 election. The Mississauga-based organization tried to send a dialysis machine to Gaza and continued to support orphans in the impoverished territory with the money channeled through the Post Office controlled by the Telecommunications Ministry.
This author cannot claim any detailed knowledge of the charity, but on the surface of it the charge that IRFAN was a front for Hamas makes little sense. First of all, the group was registered with the Palestinian Authority in the West Bank when the Fatah-controlled PA was waging war against Hamas. Are we to believe that CRA officials in Ottawa had a better sense of who supported Hamas then the PA in Ramallah? Additionally, the United Nations Relief and Works Agency (UNRWA) viewed the Canadian charity as a legitimate partner. In 2009 IRFAN gave UNRWA $1.2 million to build a school for girls in Battir, a West Bank village.
The CRA spent hundreds of thousands of dollars investigating IRFAN. It appears that the Revenue Agency wanted to help their Conservative bosses prove that Muslim Canadians financed “Hamas terror”. And the recent controversy over Trudeau’s participation in the Reviving the Islamic Spirit conference demonstrates how the CRA’s accusation can be used to demonize the million-strong Canadian Muslim community and specifically to deter them from associating with the Palestinian cause.
The case against IRFAN also illustrates the flagrant double standard between how Ottawa treats charities working in Israel versus those helping the much poorer Palestinians (Gaza’s per capita income is $1,483 whereas Israel’s is $31,000). It’s illegal for Canadians to aid any group directly or indirectly associated with the elected Hamas government in Gaza yet it’s legal — and government will foot part of the bill — to finance charities linked to Israeli settlements that contravene international law.
The Conservatives have reinforced Canada’s post 9-11 anti-terrorism laws that make it illegal to directly or indirectly assist a half dozen Palestinian political organizations all the while embracing tax write-offs for illegal Israeli settlements. Guelph activist Dan Maitland emailed former foreign minister Lawrence Cannon concerning Canada Park, a Jewish National Fund of Canada initiative built on land Israel occupied after the June 1967 War (three Palestinian villages were demolished to make way for the park). In August 2010 Maitland received a reply from Keith Ashfield, national revenue minister, who refused to discuss the particulars of the case but provided “general information about registered charities and the occupied territories.” Ashfield wrote “the fact that charitable activities take place in the occupied territories is not a barrier to acquiring or maintaining charitable status.” This means Canadian organizations can openly fundraise for settlements illegal under international law and get the government to pay up to a third of the cost through tax credits for donations.
The exact amount is not known but it’s safe to assume that millions of Canadian dollars make their way to Israeli settlements annually. Every year Canadians send a few hundred million dollars in tax-deductible donations to Israeli universities, parks, immigration initiatives and, more controversially, “charities” that aid the Israeli army in one way or another.
While a number of Jewish groups publicly promote their support for the Israeli military few Jewish charities openly tout their support for those stealing Palestinian land in violation of international law. Interestingly, it appears that Christian Zionist groups are more explicit about their support for West Bank settlers. One such charity registered with Ottawa, Christian Friends of Israeli Communities (CFOIC), says it supports “the Jews currently living in Biblical Israel —the communities of Judea and Samaria (and previously Gaza).” Judea and Samaria is the biblical term right wing Israelis use to describe the occupied West Bank. CFOIC explains that it “provide(s) Christians with deeper insight into the significance of Judea and Samaria — the heartland of Israel — and the people who live there. This is done by bringing groups of Christians to visit the communities, and providing information about the communities on an ongoing basis; and provide financial and moral support to the Jewish communities who are developing the land in faithfulness to their God.”
So here we have the blatant double standard for all to see: The current Canadian government uses “anti-terrorism” legislation to prevent a dialysis machine from being sent to Gaza but encourages, through tax write-offs, donations to illegal settlements that have terrorized and displaced thousands of Palestinians.
The Los Angeles Times’ Tracy Wilkinson conducted a rare interview with Miguel Facussé Barjum, considered by many to be the most powerful man in Honduras, and also believed to be behind the killings of dozens of campesinos in the Aguan Valley, where Facussé has extensive land holdings. He has been the subject of much recent scrutiny, as Wilkinson notes, especially following the assassination of attorney Antonio Trejo Cabrera, who worked on behalf campesino organizations in the Aguan. Wilkinson describes some of the allegations and criticism leveled at Facussé from members of the U.S. Congress and human rights organizations:
In October, shortly before he lost reelection, U.S. Rep. Howard L. Berman (D-Valley Village) took the unusual step of singling out Facusse in a letter to Secretary of State Hillary Rodham Clinton. Berman demanded a major overhaul of U.S. policy toward Honduras, including suspension of aid to human rights abusers. He repeated Trejo’s accusation, calling for an investigation of Facussé.
“It is breathtaking that Facusse has been so untouchable,” said a House of Representatives staffer with knowledge of the issue, who spoke anonymously in keeping with Washington protocol.
The New York-based Center for Constitutional Rights, in filings with the International Criminal Court, alleges that Facusse may have committed “crimes against humanity” in the killings of Trejo and several peasant farmers.
As we have previously noted, Facussé has admitted the killings of some campesinos by his security forces. A 2011 human rights report from the FoodFirst Information and Action Network, the International Federation for Human Rights and other groups details a number of killings, kidnappings, torture, forced evictions, assaults, death threats and other human rights violations that victims, witnesses and others attribute to Facussé’s guards. In May this year, Reporters Without Borders declared Facussé to be a “predator” of press freedom. Facussé’s response has sometimes been to threaten to sue for defamation. As he explains in the LA Times article, “He said he considered suing Berman but was advised by friends that legal action would be a waste of time.”
Perhaps seeing the limits to suing for defamation when the allegations are supported by evidence, Facussé, it appears, wanted to sit down with Wilkinson in order to set the record straight. He explains that, while yes, his airplane was “was used to illegally carry the foreign minister out of the country against her will” during the 2009 coup d’etat; and yes, drug planes have used his property to traffic cocaine; and yes, he normally keeps a pistol on his desk; and yes, he “keeps files of photos of the various Honduran activists who are most vocal against him,” and yes, he was aware of the plans for the 2009 coup in advance – he’s misunderstood. One has to appreciate the tremendous pathos as Facussé laments, “My name is mud all over the world,” he said. “I’m the bad guy in the world.”
And
As for the allegations of involvement in the lawyer’s killing?
“I probably had reasons to kill him,” he said, “but I’m not a killer.”
Silver was medicine. Not alternative medicine. Not folk medicine. Medicine. In surgery. In obstetrics. In the burn ward. In water treatment. In the household medicine chest. Every physician before 1938 knew this.
By the 1870s, silver nitrate was standard in surgical wound care across the leading hospitals of Britain, Germany, and the United States. Colloidal silver preparations — Collargol, Argyrol, Protargol — entered European and American practice through the 1890s and early 1900s and became standard antiseptics in military field medicine. By the time Fleming grew his first penicillin mould in 1928, silver was the first-line antimicrobial of the Western pharmacopoeia. The Lancet and the British Medical Journal carried the clinical reports in volume. The practice ran continuously through the Victorian era, the Edwardian era, the First World War, the interwar period. By 1980, almost all of it was gone.
What has not been treated at book length, until now, is how a four-thousand-year clinical record disappeared from mainstream medicine within four decades of the Flexner Report — and what the honest account of silver looks like once that record is reassembled.
Colloidal Silver reconstructs the pre-1938 record from The Lancet, the British Medical Journal, and the primary literature of the era; recovers Robert Becker’s bioelectric framework from the regeneration research the pharmaceutical model buried; and places silver inside a practical terrain-paradigm guide to its current place — in water, on the body, inside the body, and in the chronic conditions where antibiotics have failed. … continue
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The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
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