Struggling against the Surveillance State
By John V. Walsh | Dissident Voice | May 27, 2015
A struggle of some consequence is now being waged in Congress to keep on life support the NSA’s massive spying on the American people. And in this struggle the so-called progressives (more accurately referred to as liberals) are engaged in a massive betrayal of all they profess to believe in. Instead too many of them are scurrying about attacking Rand Paul, the libertarian, anti-interventionist, Republican Senator who is leading the charge against the Bush/Obama spying program. Among other things Senator Paul has engaged in a filibuster to stop this nefarious program. So far he has been successful.
Let us try to make the crucial events in Congress as simple and crystal clear as possible. There are two pieces of legislation that were before the Senate last week.
The first is the Patriot Act itself, Section 215 of which, in the government’s secret interpretation, allowed the NSA to vacuum up data on virtually every piece of electronic communication by every American and indeed everyone on the planet. This secret interpretation and use of 215 came to light only when the heroic Edward Snowden blew his whistle. Such massive spying has already been declared illegal by a recent opinion of the Second Circuit Court, although the NSA ignores this ruling. The Patriot Act is due to expire on June 1, and Obama is desperate to keep its essentials alive. Since the government has not been able to produce any convincing data that such surveillance has protected the U.S., one might well ask why Obama is so frantic, almost hysterical, to keep it alive. Why indeed.
The second is a “reform” of the Patriot Act, called the “USA Freedom Act,” proposed by Obama and company. However, the USA Freedom Act is not different in its essentials from the original Patriot Act. One “difference” is that the telephone and internet companies will hold the data rather than the government itself, and then the government will vacuum it up from those companies. A distinction without a difference, to be sure. Here is what the ACLU has to say about the “USA Freedom Act”:
“This bill would make only incremental improvements, and at least one provision—the material-support provision—would represent a significant step backwards,” ACLU deputy legal director Jameel Jaffer said in a statement. “The disclosures of the last two years make clear that we need wholesale reform.”
Jaffer wants Congress to let Section 215 sunset completely, a common sentiment among privacy activists who are USA Freedom Act skeptics—they’d rather let it expire and wait for a better reform package than endorse something half-baked.
Now we get to the meat of the politics and the possible victory over the Stasi State that we have within reach. Last week both these bills came up for a vote in the Senate. Rand Paul filibustered, a filibuster denigrated by many “progressives” as just a “long speech.” Nevertheless, it was enough that cloture had to be invoked to get a vote on the bills. That means 60 votes were needed to keep the legislation alive. First came the vote for the USA Freedom Act. There were less than 60 votes to keep it alive. Down it went. Then came the vote to continue the good ol’ Patriot Act and its atrocious Section 215. Again there were less than the 60 votes needed to keep it alive. Down it went. So as things stand now, Section 215 will be history as of June 1!
That in itself is an enormous victory and should be widely heralded. But here is the interesting thing. All the Democrats voted in favor of Obama’s phony reform, the USA Freedom Act. (As noted above, they could not, however, muster the 60 votes needed to bring it forward and get it passed.) They included the favorites of the faux progressives, Ron Wyden, Patrick Leahey, Elizabeth Warren and of course that notorious advocate of butchery in Gaza, Bernie Sanders. What motivated these Dems to take such a stand? First, it was Obama’s bill, and more importantly it gave some cover to these Dems since most of their constituents are horrified by the Spy State. Next, when it came time to vote for the original Bush/Obama Patriot Act, the sides switched and the Republicans voted in favor of that measure. But they also failed to muster the 60 votes needed to go forward and so that version of mass surveillance failed. Only Rand Paul and a few other Republicans stood firm on the issue of no mass surveillance and confronted the Republican majority, a clear proclamation of principle over Party. For progressives this is (yet another) massive failure of those Dems whom they labored to install in the Senate.
Now this week the bullies that “lead” Congress are conferring frantically to find a way to keep alive the government spying on us. Every sort of blackmail, payoff, bribe and other inducement is certainly on the table to bring the necessary number of Senators along. It is not beyond imagination that the NSA is providing some embarrassing confidential information on recalcitrant Senators, which has been hoovered up in the last decade. These Congressional leaders have until the weekend to muster the 60 Senate votes needed for this ugly task, and they are within 3 votes of getting their way right now. Today Obama himself urged Congress to do whatever it takes to continue the bulk spying law.
Clearly this is a time when progressive organizations, who are forever urging us to write and contact our Congresspeople, should be rolling into action. And here is the biggest problem. I have long been on many of the progressive mailing lists. On this issue I have received nothing from them – nada, zilch. So I checked to see what they had on their web sites. Would there be at least a mention of this issue, a plea to contact one’s Senator? I checked Progressive Democrats of America (PDA), Green Party, Code Pink and Peace Action. None of them had a call to action on this issue as far as I could see as of May 26, which is very late in the game . To be fair, UNAC (United National Antiwar Coalition) did have a statement on this as an issue, dating from a while back and including condemnation of Obama for his actions. But even here there was no call to action – no call for phone or letters to Congress and certainly no calls for a street demonstration, which is almost an autonomic reflex with UNAC.
In short the pwogs have shown an abysmal failure to take action in halting the Spy State. And there is not much time to act. If you, dear reader, contribute to one of these organizations, stay your check writing hand until they do something. Dollars they understand – if not principles.
Moreover, what I have received recently in personal emails from progressive contacts is yet more excoriations of Rand Paul. Here the progressives have an ally in what should be an all important fight and they turn on him! In fact the pwogs are among the targets of this surveillance. Why then make an enemy of a potential ally in the fight against the police state? That is indeed worth thinking about.
One final point, Rand Paul in the Senate, and fellow libertarians in the House like Thomas Massie and Justin Amash (the only Palestinian American in Congress) and a few others (including a few Democrats like Mark Pocan and Zoe Lofgren) stand almost alone now in serious opposition to the entire imperial elite establishment, Republican and Democrat both, in this fight. And Rand Paul is taking the greatest hits – even from that corpulent bag of corruption and mendacity, Chris Christie.
A victory on this issue is possible now. It happened before when Obama halted a plan to bomb Syria because of opposition in Congress, an opposition fueled by letters to Congress, resulting in a bipartisan opposition to an attack on Syria.
A victory here would arouse more interest in the kind of Right/Left alliances on concrete issues that this writer, Ralph Nader and others have been advocating for some years.
So progressives should abandon their theological or religious approach to politics, an infantile disorder that produces little because it does not allow issues to be attacked one at a time. If one conducts one’s politics like a Church, then one’s influence will never extend far beyond the tiny groups huddled in Church basements.
John V. Walsh can be reached at john.endwar@gmail.com
Kiev’s Repression of Anti-Fascism in Odessa
By ERIC DRAITSER | CounterPunch | May 27, 2015
There is a common misconception in the West that there is only one war in Ukraine: a war between the anti-Kiev rebels of the East, and the US-backed government in Kiev. While this conflict, with all its attendant geopolitical and strategic implications has stolen the majority of the headlines, there is another war raging in the country – a war to crush all dissent and opposition to the fascist-oligarch consensus. For while in the West many so called analysts and leftists debate whether there is really fascism in Ukraine or whether it’s all just “Russian propaganda,” a brutal war of political repression is taking place.
The authorities and their fascist thug auxiliaries have carried out everything from physical intimidation, to politically motivated arrests, kidnappings, torture, and targeted assassinations. All of this has been done under the auspices of “national unity,” the convenient pretext that every oppressive regime from time immemorial has used to justify its actions. Were one to read the Western narrative on Ukraine, one could be forgiven for believing that the country’s discontent and outrage is restricted solely to the area collectively known as Donbass – the Donetsk and Lugansk People’s Republics as they have declared themselves. Indeed, there is good reason for the media to portray such a distorted picture; it legitimizes the false claim that all Ukraine’s problems are due to Russian meddling and covert militarization.
Instead, the reality is that anger and opposition to the US-backed oligarch-fascist coalition government in Kiev is deeply rooted and permeates much of Ukraine. In politically, economically, and culturally important cities such as Kharkov, Dnepropetrovsk, and Kherson, ghastly forms of political persecution are ongoing. However, nowhere is this repression more apparent than in the Black Sea port city of Odessa. And this is no accident.
Odessa: Center of Culture, Center of Resistance
For more than two centuries, Odessa has been the epicenter of multiculturalism in what is today called Ukraine, but what alternately was the Soviet Union and the Russian Empire. With its vibrant history of immigration and trade, Odessa has been the heart of internationalism and cultural, religious, and ethnic coexistence in the Russian-speaking world. Its significant populations of Russians, Jews, Ukrainians, Poles, Germans, Greeks, Tatars, Moldovans, Bulgarians and other ethnic and national identities made Odessa a truly international city, a cosmopolitan Black Sea port with French architecture, Ottoman influence, and rich Jewish and Russian/Soviet cultural history.
In many ways, Odessa was the quintessential Soviet city, one which, to a large extent, actually embodied the Soviet ideal enumerated in the state anthem – a city “united forever in friendship and labor.” And it is this spirit of multiculturalism and shared history which rejects the racist, chauvinist, fascist politics which now passes for standard political currency in “Democratic Ukraine.”
When in February 2014, the corrupt, though democratically elected, government of former President Viktor Yanukovich was ousted in a US-backed coup, the people of Odessa, just as in many other cities, began to organize counter-demonstrations against what they perceived to be a Western-sponsored oligarch-fascist alliance seizing power over their country. In the ensuing weeks and months, tens of thousands turned out into the streets to air their discontent, including massive rallies held in February, March, and April.
This inchoate movement against the new dispensation in Kiev, handpicked by the US and its European allies, culminated in two critical events: the establishment of an anti-Maidan movement calling for federalization and greater autonomy for the Odessa region, and the massacre at the Trade Unions House carried out by fascist thugs which resulted in the deaths of more than fifty anti-fascist activists and demonstrators. As a protest organizer and eyewitness recounted to this author, “That was the moment when everything changed, when we knew what Ukraine had really become.”
The brutality of the pogrom – an appropriate word considering the long and violent history of this region – could hardly be believed even by hardened anti-fascist activists. Bodies with bullet wounds found inside the burned out building, survivors beaten on the streets after their desperate escape from the flames, and myriad other horrific accounts demonstrate unequivocally that what the Western media dishonestly and disgracefully referred to as “clashes with pro-Russian demonstrators,” was in fact a massacre; one that forever changed the nature of resistance in Odessa, and throughout much of Ukraine.
No longer were protesters simply airing their grievances against an illegitimate government sponsored by foreigners. No longer were there demonstrations simply in favor of federalization and greater autonomy. Instead, the nature of the resistance shifted to one of truly anti-fascist character seeking to get the truth about Ukraine out to the world at large. Where once Odessa had been the site of peaceful demands for fairness, instead it became the site of a brutal government crackdown aimed at destroying any semblance of political protest or resistance. Indeed, May 2, 2014 was a watershed. That was the day that politics became resistance.
The Reality of the Repression
The May 2, 2014 massacre in Odessa is one of the few examples of political repression that actually garnered some attention internationally. However, there have been numerous other examples of Kiev’s brutal and illegal crackdown on dissent in the critical coastal city and throughout the country, most of which remain almost entirely unreported.
In recent weeks and months, the local authorities have engaged in politically motivated arrests of key journalists and bloggers who have presented a critical perspective on the developments in Odessa. Most prominent among them are the editors of the website infocenter-odessa.com, a locally oriented news site that has been fiercely critical of the Kiev regime and its local authorities.
In late 2014, the editor of the site, Yevgeny Anukhin, was arrested without any warrant while he was attempting to register his human rights organization with the authorities. According to various sources, the primary reasons for his arrest were his possession of video evidence of illegal shelling by Ukrainian military of a checkpoint in Kotovka, and data on his computer which included a compilation of names of political prisoners held without trial in Odessa. With no evidence or warrant, and in breach of standard legal procedures, he was arrested and charged with recruitment of insurgents against the Ukrainian state.
In May 2015, the new editor of infocenter-odessa.com Vitaly Didenko, a leftist, anti-fascist activist and journalist was also arrested on trumped up charges of drug possession which, according to multiple sources in Odessa, are entirely fabricated by the SBU (Security Service of Ukraine) secret police in order to create a pretext upon which to detain him. In the course of his arrest, Didenko was seriously injured, incurring several broken ribs and a broken arm. He is currently sitting in an Odessa jail, his case entirely ignored by Western media, including those organizations ostensibly committed to the protection of journalists.
Additionally, just this past weekend (May 24, 2015) there was yet another sickening display of political repression on the very spot of the May 2, 2014 massacre. Activists and ordinary Odessa citizens had been taking part in a memorial service for the victims of the tragedy when the demonstration was violently dispersed by armed men in either military or national guard uniforms (see here for photos). According to eyewitnesses, the military men instigated violence at the gathering and broke it up, all while both local police and OSCE monitors stood aside and watched. Naturally, this is par for the course in “Democratic Ukraine.”
Aside from journalists, a large number of activists have been detained, kidnapped, and/or tortured by Ukrainian authorities and their fascist goons. Key members of the Borotba (Struggle) leftist organization have been repeatedly harassed, arrested, and beaten by the police. One particularly infamous example was the detainment of Vladislav Wojciechowski, a member of Borotba and survivor of the May 2nd massacre. According to Borotba’s website, “During the search of the apartment where he lived, explosives were planted. Nazi “self-defense” paramilitaries participated in his arrest. Vladislav was beaten, and it is possible that a confession was beaten out of him under torture. Currently, he is in SBU custody.” He was ultimately charged with “terrorism” by the authorities after having been beaten and tortured by both Nazi goons and SBU agents.
Upon his release more than three months later in December 2014 in a “prisoner exchange” between Kiev and the eastern rebels, Wojciechowski defiantly stated, “I am very angry with the fascist government of Ukraine, which proved once again with its barbaric acts that it is willing to wade through corpses to defend its interests and those of the West. They failed to break me! And my will has become tempered steel. Now I’m even more convinced that it is impossible to save Ukraine without defeating fascism on its territory.” Wojciechowski was also the editor of the website 2May.org, a site dedicated to disseminating the truth about the Odessa massacre.
It should be noted though that Wojciechowski was arrested along with his comrades Pavel Shishman of the now outlawed Communist Party of Ukraine, and Nikolai Popov of the Communist Youth. These arrests should come as no surprise to observers of the political situation in Ukraine where all forms of leftist politics – the Communist party, Soviet symbols and names, etc. – have been outlawed and brutally repressed.
Kiev is not only engaged in an assault on political freedoms, but also a class war against the working class of Odessa and Ukraine generally. That the events leading up to the massacre took place at Kulikovo Field – a famous staging area for Soviet era demonstrations of working class politics – and the massacre itself took place in the adjacent Trade Unions House, there’s a symbolic resonance, the significance of which is not lost on the people of Odessa. It is the attempt to both erase the legacy of working class struggle and leftist politics, as well as the sacrifices of previous generations in a place where historical memory runs deep, and the scars of the past have yet to heel.
Aside from these shameful attacks on leftist formations, multicultural institutions too have been repressed under the pretext of “Russian separatism.” A multiethnic, multi-nationality organization known as the Popular Rada of Bessarabia (PRB) was founded in early April 2015 in order to push for regional autonomy and/or ethnic autonomy in response to the legal and extralegal attacks on minorities by the Kiev authorities. It was reported that within 24 hours of the founding congress, Ukraine’s SBU had detained the core leaders of the organization, including the Chair of the organization’s presidium Dmitry Zatuliveter whose whereabouts, according to this author’s latest information, remain unknown. Within two weeks 30 more PRB activists were arrested, including founding member Vera Shevchenko.
While the Western media and its armies of think tanks and propaganda mouthpieces steadfastly deny that an organization such as PRB can be anything other than “a project of Russian political consultants,” the reality is that such moves have been a reaction to repressive legislation and intimidation by the US-backed regime in Kiev which has done everything from outlawing the two most popular political parties of the Russian-speaking South and East (The Party of Regions and the Communist Party), to attempting to strip the Russian language of official status within Ukraine, a move interpreted by these groups as a direct threat against them and their regions where Russian, not Ukrainian, is the lingua franca.
As Senior Fellow at the Jamestown Foundation and former Radio Free Europe/Radio Liberty (read CIA front) contributor Vladimir Socor wrote last month in an article entitled Ukraine Defuses Pro-Russia Instigations in Odesa Province, “In the spirit of preventive action, Ukrainian law enforcement agencies have arrested some 20 members of a centrifugal organization in Odesa [sic] province.. The timely intervention also stopped the publicity bandwagon that had just started rolling from Moscow in support of the Odesa [sic] group.” Interestingly, the author deceptively frames his apologia for so called “preventive detention” as merely a “timely intervention,” conveniently glossing over the blatant illegality of the action by Kiev, which has eschewed the rule of law in favor of brute force and repression.
And what is the PRB’s great crime in the eyes of Mr. Socor and the US interests for which he speaks? As he directly states in the article with typical condescension:
[BPR’s program and manifesto] include demands for: greater representation of ethnic groups in the administration of Ukraine’s Odesa [sic] province; promotion of the ethnic groups’ cultural identities and schools; conferral of a “national-cultural special status” to Bessarabia; a free economic zone, with specific reference to local control over Ukraine’s Black Sea and Danube ports; no integration of Ukraine with the European Union, the “enslavement practices of which would ruin the region and its agriculture”; and reinstatement of Ukraine’s [recently abandoned] international status of nonalignment, or else: “In the event of Ukraine moving close to NATO [the North Atlantic Treaty Organization], we reserve the right to implement the self-determination of Bessarabia.”
A careful reading of these demands reveals that these are precisely the demands that any right-minded anti-imperialist position should espouse, including rejection of NATO integration, rejection of EU integration, rejection of opening up Ukraine’s agricultural sector to the likes of Monsanto and other Western corporations, and protection of ethnic, religious, and cultural minorities, among other things. While Socor writes of these demands derisively, the reality is that they constitute precisely the sort of program that is essential for defending both Ukraine’s sovereignty, and the rights of the people of Odessa and the region. But of course, for Socor, this is all just a Russian plot. Instead, he kneels to kiss the chocolate ring of Poroshenko… and perhaps other parts of Victoria Nuland and John Kerry, while vigorously cheer-leading further political repression.
A Message for the Left
The question facing leftists internationally is no longer whether they believe there are fascists in Ukraine, or whether they are an important part of the political establishment in the country; this is now impossible to refute. Rather, the challenge before the international left is whether it can overcome its deep-seated mistrust of Russia, and consequent inability to separate fact from fiction, and unwaveringly defend its comrades in Ukraine with the conviction and aplomb of its historical antecedents.
There is a whole history that is under assault, a whole people being oppressed, a leftist tradition being ground to dust under the heel of an imperialist agenda and comprador oligarch bourgeoisie. Some on the left choose to snicker derisively at this struggle, aligning themselves once again with the Empire just as they so often have in Libya, Syria, and elsewhere. And then there are those who, like this author, refuse to be cowed by the baseless slur of “Russian apologist” and “Putin puppet”; those of us who choose not to look away while our comrades in Ukraine are beaten, kidnapped, tortured, imprisoned, and disappeared.
For while they speak out in the face of reprisals, in the midst of brutal repression, under threat of prison and death, the least we can do is speak out from our comfortable chairs. Anything less is moral cowardice and utter betrayal.
Second senior Brotherhood official dies in prison
MEMO | May 26, 2015
Senior Muslim Brotherhood official and former parliamentarian Mohamed Falahji, 58, died in an Egyptian prison on Monday morning, Quds Press has reported.
Falahji is the second top leader of the movement to have died in prison as a result of maltreatment or lack of proper medical attention. His death brings the number of prisoners who have died in Egyptian prisons since the ouster of the freely-elected President Mohamed Morsi in August 2013 to 265.
The parliamentarian was arrested on 26 August, 2013 on charges of affiliation with a “terrorist” organisation, taking part in demonstrations and inciting violence. He was sent to Jamasah Prison, northern Egypt just over a month later. It was there that he started to experience a lot of pain.
After several calls by his family and appeals by his lawyer, he was transferred to the public hospital in Damietta last month. After examination, he was found to be suffering from kidney stones and inflammation of the gall bladder. He was sent back to prison without receiving any proper treatment.
Falahji’s death comes just a few days after former lawmaker and official in the Freedom and Justice Party Farid Ismail died of liver failure in a Cairo hospital. He was also 58 years old.
Isamil, who was sentenced to seven years in prison last year, was moved from jail in Al-Zagazig to Al-Aqrab Prison Hospital in Tora, south of Cairo, a few days before his death. He was in a coma for several days before he was pronounced dead by the authorities.
On 27 September, 2013, a Brotherhood official in Daqhaliyya, Safwat Khalil, 57, died of cancer in Al-Mansoura Prison. Several others at different leadership levels and members of the Islamic movement have also died in custody due to different diseases or in mysterious circumstances.
The Egyptian authorities insist that all prison inmates have access to proper medical treatment. They stress that they are following international standards and conventions in this regard.
According to Ahmed Mufreh, the director of the Egypt portfolio with NGO Al-Karama for Human Rights, 135 prisoners have died in Egyptian custody since Abdel Fattah Al-Sisi led the coup against Morsi in 2013.
Israeli court sentences Palestinian speaker to prison
Speaker of the Palestinian Legislative Council (PLC) Abdul Aziz Duwaik
Press TV – May 25, 2015
An Israeli military court has handed down a months-long prison term to the speaker of the Palestinian Legislative Council (PLC) and ordered him to pay more than a thousand dollars on charges on of delivering a speech at a pro-resistance celebration three years ago.
On Monday, the Ofer Court in northern Israel sentenced Abdul Aziz Duwaik to 12 months in jail and a fine of six thousand Israeli shekels (USD 1,550), Arabic-language Palestinian news agency Safa reported.
The Ahrar Center for Prisoner Studies and Human Rights condemned the verdict, demanding the immediate release of all Palestinian prisoners currently being held at Israeli detention facilities, the 67-year-old PLC speaker in particular.
Fuad al-Khafash, director of the Palestinian non-governmental organization (NGO), said the Tel Aviv regime has targeted the Palestinian parliament ever since the Palestinian resistance movement Hamas scored a landslide victory in Palestinian elections in 2006, preventing Palestinian lawmakers from serving their respective nation.
Khafash named Hassan Yousef, Mohammad al-Natsheh, Hassan al-Bourini, Mohammad Maher, Yousef Bader and Ezam Salhab as some of the Palestinian legislators that Israel holds captive in its jails.
Israeli soldiers abducted Duwaik in the occupied West Bank city of al-Khalil (Hebron) early on June 16, 2014. Palestinian sources said the senior Hamas official was taken away after his house in al-Khalil was stormed.
Meanwhile, Israeli forces have also arrested at least sixteen Palestinians, including a number of teenagers, during separate raids on a number of houses across the occupied West Bank.
Palestinian security sources, speaking on condition of anonymity, said Israeli military soldiers raided the town of Silwan, which lies on the edge of East al-Quds (Jerusalem) and al-Quds on Monday, and detained eleven Palestinians.
Israeli forces took away five other Palestinians from the entrance gate of the al-Aqsa Mosque compound in the occupied West Bank.
In recent months, Israeli forces have frequently raided the houses of Palestinians in the West Bank, arresting dozens of people, who are then transferred to Israeli prisons, where they are kept without any charges.
There have been many reports about the deteriorating health of Palestinian prisoners held inside Israeli jails.
More than 7,000 Palestinians are reportedly held in 17 Israeli prisons and detention camps. Moreover, 540 Palestinians are held without any trial under the so-called administrative detention, which is a sort of imprisonment without trial or charge that allows Israel to incarcerate Palestinians for up to six months. The detention order can be renewed for indefinite periods of time.
The Right to Record Police
By REBECCA K. SMITH | CounterPunch | May 22, 2015
Last week, federal courts issued two decisions affirming the right of citizens to record police under the First Amendment. In Atlanta, a court held the police department in contempt of court for violating a prior court order to allow citizens to record police. In New York, a court held that recording police is a “clearly established right” under the U.S. Constitution, and that if a police officer violates that right, he or she can be sued in federal court.
First, in Anderson v. Atlanta, the court addressed a prior court order that had ordered the Atlanta police to implement reforms to their training policies and conduct mandatory in-person training for all officers regarding those reforms. In part, the new required policy states: “All employees shall be prohibited from interfering with a citizen’s right to record police activity by photographic, video, or audio means. This prohibition is in effect only as long as the recording by the citizen does not physically interfere with the performance of an officer’s duties.” An officer’s violation of this policy would result in dismissal.
In the court’s contempt order, it found that the Atlanta police had not made the required changes to its policy, and therefore had also failed to implement and enforce the required changes. The court held the Atlanta police in contempt of court, imposed sanctions, and awarded the plaintiff $30,000 in attorney fees for litigating the contempt motion. The court gave the police 45 days to comply with its order. The court stated that after the 45 days expired the court would impose a fine of $10,000 per day.
Second, in Higginbotham v. New York, the court addressed a lawsuit alleging that a journalist covering the Occupy Wall Street protests was falsely arrested and preventing from exercising his First Amendment rights. In 2011, the plaintiff had been working as a freelance video-journalist covering an Occupy Wall Street protest. The plaintiff had climbed on top of a phone booth to record a nearby arrest. A police officer ordered him to climb down but he did not immediately comply because there were too many people surrounding him. When he did begin to climb down, officers grabbed his legs, he dropped his camera, and he fell to the ground. The officers placed him in handcuffs and held him in custody for four hours before releasing him. He was charged with disorderly conduct, but the charge was later dismissed.
In the case, the court rejected the officers’ motion to dismiss the complaint. The court held that the complaint raised a plausible claim of false arrest. The court further held that the complaint raised a plausible claim that the plaintiff was arrested in retaliation for attempting to exercise First Amendment rights. The court noted that “[a]ll of the circuit courts that have [addressed the issue] have concluded that the First Amendment protects the right to record police officers performing their duties in a public space, subject to reasonable time, place and manner restrictions.” After discussing the important goals of prohibiting government censorship and promoting free discussion of government affairs, the court held that “[t]he videotaping of police officers in the performance of their duties in public plainly furthers these First Amendment goals.” The court further held that “[v]ideotaping from a reasonable distance is arguably less of a hindrance to legitimate police activity than the verbal challenges [to police officers] that the First Amendment unquestionably protects.”
Rebecca K. Smith is Board Secretary and Cooperating Attorney at the Civil Liberties Defense Center.
Dragnet surveillance is about power and social control, not public safety
PRIVACYSOS | May 22, 2015
Attorney General Loretta Lynch says that USA Patriot Act dragnet spy powers must be extended or else the terrorists will get us.
Lynch said Friday the country would be “less safe” if Congress fails to renew surveillance programs included in the Patriot Act.
Lynch joined other top Obama administration officials, who are urging the Senate to pass the USA Freedom Act, which would reform the National Security Agency’s (NSA) bulk phone records collection program while renewing other key parts of the post-Sept. 11 law.
“Our biggest fear is that we will lose important eyes on people who have made it clear that their mission is to harm American people here and abroad,” Lynch told CBS News in her first interview since becoming attorney general.
If NSA’s phone metadata program expires completely, Lynch said the U.S. government would lose “important tools” to identify terror threats.“I think that we run the risk of essentially being less safe,” Lynch added. “I think that we lose the ability to intercept these communications, which have proven very important in cases that we have built in the past. And I am very concerned that the American people will be unprotected if this law expires.”
Lynch didn’t marshal any evidence to support her claims about the connection between dragnet spying and public safety. That’s because there isn’t one. Even the Department of Justice has acknowledged as much, writing in an Inspector General report that FBI agents interviewed couldn’t identify “any major case developments” tied to Section 215 of the Patriot Act, the provision the FBI claims enables dragnet spying.
Surveillance boosters have never been able to point to a circumstance—even one example—that proves dragnet surveillance is vital in stopping terrorism. Some insiders in the security state have observed that the bigger the haystack, the more difficult it is to successfully use intelligence information to identify and track threatening people. More information is not better. Better information is better, they say.
Loretta Lynch says she fears that if the Patriot Act isn’t reauthorized, “we will lose important eyes on people who have made it clear that their mission is to harm American people here and abroad.” That’s total nonsense. Anyone who “makes it clear” that they want to kill Americans is someone a judge would authorize targeted surveillance against. The government should leave the rest of us out of it.
Just about every recent terrorist attack on US and European soil has been committed by someone known to law enforcement. That’s true for the Garland, Texas shooter and for Tamerlan Tsarnaev, who blew up the Boston Marathon in April 2013. The government doesn’t need to spy on you and me in order to track people it already suspects of being up to no good.
You might be wondering: If dragnet spying doesn’t stop terrorism, and most terrorists are known to law enforcement, why do the FBI and the new Attorney General insist on renewing the Patriot Act’s worst provisions? It’s an important question, with a depressing answer.
The reason Lynch’s claims about dragnet spying don’t add up is because they are based on a perversion of the true purpose served by society wide surveillance. While the Patriot Act doesn’t stop terrorism, it’s quite good at enabling social and political control, and finding people who are vulnerable and may be easily coerced into becoming FBI informants.
If surveillance boosters were honest about why they want these powers, you might hear them talking less about terrorism and more about power. Add your voice: take action now to tell congress to reject dragnet surveillance.
The Clock is Still Running: Neither NSA Reform Nor Reauthorization Advances in Senate
By Lee Tien | EFF | May 22, 2015
Tonight, the US Senate failed to move ahead with the USA Freedom Act, an NSA reform bill that would address phone record surveillance and FISA Court transparency and fairness. It also was unable to muster votes for a temporary reauthorization of Section 215 of the Patriot Act, the section of law used to justify the mass phone records surveillance program. That’s good news: if the Senate stalemate continues, the mass surveillance of everyone’s phone records will simply expire on June 1.
Section 215 of the Patriot Act has been wrongly interpreted in secret by the government for years. We commend every Senator who voted against reauthorizing the unconstitutional surveillance of millions of law-abiding Americans.
In the wake of tonight’s vote, Congress must stop stalling and address the surveillance and secrecy abuses of our government.
The battle isn’t over. Senator Majority Leader Mitch McConnell is calling for another attempt to reauthorize Section 215 on Sunday May 31, only hours before the provision is set to expire.
EFF urges Congress to again reject Section 215 reauthorization, and then turn to addressing other surveillance abuses by the US government, including mass surveillance of the Internet, the secretive and one-sided FISA Court, and the problems of secrecy and over-classification that have created the environment that allowed such spying overreach to flourish.
‘Broadest spying powers imaginable’: SNP MPs plan to block Tory Snoopers’ Charter
RT | May 12, 2015
Scottish Nationalists are hoping to use their new-found parliamentary leverage to block controversial Tory plans to introduce legislation that would see the further erosion of privacy rights across the UK.
As the first days of parliament get under way, Scottish Nationalist Party (SNP) MPs are planning to rail against Tory plans to revive a Data Communications Bill dubbed the Snoopers’ Charter.
SNP leader Nicola Sturgeon’s Westminster MPs plan to achieve this goal by lobbying moderate Tories, who previously opposed Home Secretary Theresa May’s surveillance agenda.
Among the Conservatives that Sturgeon’s party could court is David Davis, a senior Conservative backbencher who triggered a by-election in 2008 over Tory plans to introduce a policy shift that would see terror suspects detained for up to 42 days without trial.
Speaking to the Telegraph on Tuesday, an SNP MP said surveillance falls into a “tricky civil liberties space for the Conservatives where there are fault lines.
“We think the mass collection of data is wrong. There is a line beyond which it is unacceptable for civil liberties can be impinged,” he added.
‘Suspicionless surveillance’
On Friday, Home Secretary Theresa May told the BBC that ramped up surveillance powers are a “key example” of Tory policy that was blocked by the Liberal Democrats during the previous parliament.
May’s announcement angered privacy rights campaigners who warn of the erosion of civil liberties in an era of mass surveillance.
The Snoopers’ Charter would pave the way for internet and mobile phone firms to retain records of customers’ online browsing habits, use of social media, emails, text messaging and voice calls.
In a climate of increased terror threats, the Conservatives argue it would aid British security officials in monitoring online activity and protect the national interest in the process.
However, the European Court of Justice ruled against the legislation last April, warning it would result in human rights violations. The Court outlined a more moderate data retention program at the time that would aid criminal investigations.
Nevertheless, in July 2014 it emerged the government was seeking to push through emergency legislation, which would flout the Court’s judgment and re-legislate for the blanket retention of data.
As a single majority government – in the absence of the Liberal Democrats – the Conservatives are expected to ramp up online surveillance powers quickly.
The SNP’s opposition to these plans will likely be mirrored by Labour and the Lib Dems. Should a few dozen Conservative MPs back their thinking, May’s plans to revive the Snoopers’ Charter could be blocked.
Speaking to RT on Tuesday, Privacy International’s Legal Director Carly Nyst said the Snoopers’ Charter would give UK authorities some of the “broadest spying powers imaginable.
“These powers are nothing short of blanket, suspicionless surveillance of everyone who uses the internet,” she said.
“Should the Snoopers’ Charter be made law, Britons can expect to have every single website they visit, late night phone call they make and embarrassing Google search they enter logged and retained for 12 months,” she added.
On the question of whether SNP MPs would succeed in blocking the Snoopers’ Charter, Nyst predicted the party’s opposition to the legislation would prove troublesome for May.
“The government has declared its strong intention to see this legislation through; however, it must first overcome strong opposition, not only from the SNP, but from ordinary people across the country,” she said.
“It seems clear that the government is going to have a tough time selling to the British people the falsehood that in order for police in this country to do their job, the government needs to completely erode online privacy and expression.”
Privacy rights & privacy wrongs
Prior to the general election, Britain’s Open Rights Group lobbied stringently for parliamentary candidates to radically reform Britain’s mass surveillance policies.
They demanded the incoming government alter the legal framework governing surveillance to protect citizens from intelligence agencies’ routine snooping.
The group’s Executive Director Jim Killock told the Guardian last month he believes privacy rights could be nullified within a decade if the Conservatives and Labour don’t pursue a different approach to surveillance.
Killock also noted that NSA whistleblower Edward Snowden’s revelatory disclosures on GCHQ mass surveillance had little impact on snooping policy from London to Washington.
Classified US documents leaked by Snowden in 2013 caused international outrage when they uncovered the invasive nature of joint UK-US surveillance programs.
The NSA whistleblower’s disclosures revealed US and UK authorities’ ongoing scrutiny of Britons’ email activity, social network records, web browsing history and mobile phone data.
Tory plans to ramp up mass surveillance in Britain come almost 12 months after a poll revealed widespread opposition to state-sponsored snooping in Britain.
The research revealed the vast majority of those surveyed thought that citizens’ financial, medical, and credit information should remain private.
It also showed an overwhelming majority believed web browsing, mobile phone, telephone and email records should remain beyond the gaze of snoops.
Ottawa plans to outlaw support for boycotting Israel: Report
Press TV – May 12, 2015
Canadian Prime Minister Stephen Harper’s Conservative government has signaled plans to apply hate crime laws against advocacy groups that encourage the boycott of Israel, a report says.
The report by the Canadian broadcaster, CBC News on Monday said the move would target numerous civil society organizations who promote the boycott over the Israeli occupation of Palestinian territories and the expansion of its illegal settlements in the besieged areas.
“If carried out, it would be a remarkably aggressive tactic, and another measure of the Conservative government’s lockstep support for Israeli Prime Minister Benjamin Netanyahu,” the report read.
The Harper government’s intention was revealed in statements by federal ministers to the broadcaster about a “zero tolerance” policy toward groups supporting the Boycott, Divest and Sanction (BDS) movement, which is part of international efforts to pressure Tel Aviv to stop its settlements in the occupied Palestinian territory.
A vast range of Canadian organizations support BDS including the country’s largest Protestant Christian denomination the United Church of Canada, Independent Jewish Voices, which is the chief organizer of the movement’s activity in Canada, various university groups and labor unions.
Asked what the policy means and what the authorities are doing to enforce it, a spokesperson for Public Safety Minister Steven Blaney, detailed in a written statement a list of the country’s updated hate laws.
“We will not allow hate crimes to undermine our way of life, which is based on diversity and inclusion,” the spokesperson added.
Canadian civil liberty groups criticized the government plans, saying it would almost certainly be challenged under the country’s Charter of Rights and Freedoms.
This is the latest move the Canadian government is planning to muzzle the BDS movement and supporters of the cause.
In January, Canada’s then foreign minister, John Baird, signed a “memorandum of understanding” with the Israeli regime in al-Quds (Jerusalem), pledging to combat BDS, a movement the agreement described as “the new face of anti-Semitism.”
Last year, Ottawa changed the country’s Criminal Code, expanding the definition of hate speech to include statements against “national origin” along with race and religion.
Micheal Vonn, a lawyer for the British Columbia Civil Liberties Association, said the change in the country’s criminal code is clearly “a tool to go after critics of Israel.”
The presence and continued expansion of Israeli settlements in occupied Palestine has created a major obstacle for the efforts to establish peace in the Middle East.
Last month, 16 European foreign ministers condemned the “expansion of Israeli illegal settlements in the Occupied Territories,” demanding that all imported goods originating from settlements be distinctly labeled.
More than half a million Israeli settlers live in over 120 illegal settlements built since Israel’s occupation of the Palestinian territories of the West Bank and East al-Quds in 1967.
The UN and most countries regard the Israeli settlements as illegal because the territories were captured by Israel in a war in 1967 and are hence subject to the Geneva Conventions, which forbid construction on occupied lands. However, the Tel Aviv regime defies calls to abandon its illegal settlement activities.
Egyptian newspaper confiscated for the second time in two months
Mada Masr | May 12, 2015
A newspaper’s issue is usually confiscated when it is critical of the authorities. However on Monday the annual issue of the private al-Watan newspaper was briefly confiscated due to a headline that was deemed not quite supportive enough of President Abdel Fattah al-Sisi.
The newspaper’s front page headline was changed from “Seven entities stronger than Sisi” to “Seven entities stronger than reform.” The report suggests that those entities represent the “deep state” threatening Egypt and resisting Sisi’s efforts to reform the country.
The seven entities, according to al-Watan’s report, included: Corruption, powerful people, businessmen, the Interior Ministry, the media, the unregistered economy and social media.
An opinion article by the newspaper’s managing editor Alaa al-Ghatrify was also censored. In a leaked copy of the banned article, Ghatrify slammed media personnel who are groomed by the state, according to him, to defend the ruling regime and face any criticism directed against state institutions.
The issue was then permitted to publish after amending the headline and removing the critical column. According to a statement by the Arabic Network for Human Rights Information (ANHRI,) “sovereign entities” banned the issue as the original headline implied Sisi’s grip over state institutions was weak.
This is the second time authorities banned an issue for al-Watan newspaper from publishing in the last two months. In March 11, authorities banned an al-Watan issue for including an investigative report detailing the tax evasion of state institutions including the presidency, the Interior Ministry, the Ministry of Defense and General Intelligence Services among others.
Ghatrify, whose article was banned from publishing, criticized the decision on his Facebook account, saying, “This is a country that will never be reformed. Today is another example that we did not move on, we are still on January 24, 2011. Don’t let him think, don’t let him publish, don’t let him be liberated. Just censor and oppress,” he said. None of the newspaper’s editors, including Ghatrify, were available for comment to Mada Masr.
ANHRI stated that censoring the newspaper’s issue is “a direct violation to the constitution and re-imposes police censorship over journalism.”
Similar incidents of censorship have taken place in the past, especially when articles critical to the Armed Forces or the General Intelligence Services have been published.
In October of last year, an edition of the privately owned Al-Masry Al-Youm was recalled because of an interview with former Intelligence Officer Refaat Gebreel. Al-Masry Al-Youm website editor Ahmed Ragab told Mada Masr at the time that the paper received a phone call from the General Intelligence Services requesting it to halt printing and remove the interview.
Article 70 of the Constitution guarantees freedom of the press, while Article 71 prohibits censorship, stating, “Censorship of Egyptian press and media is prohibited by any means, in addition to confiscation, suspension or closure, with the exception of specific censorship that may be imposed at times of war or public mobilization.”
However, certain laws allow for intervention in the media, especially when it comes to state institutions. A law issued under the presidency of Anwar Sadat states information regarding the General Intelligence Services is a national security secret and its publishing is prohibited except with written approval from the head of the General Intelligence Services. Breaking this law is punishable by six months to five years in prison, in addition to a fine ranging from LE100,000 to LE500,000.
In November, the State Council approved a Defense Ministry-authored bill banning media outlets from publishing news pertaining to the Armed Forces without prior written consent from the head of the Armed Forces or a relevant court.
Saudi regime plans crucifixion of dissident this Thursday
Reprieve | May 12, 2015
Saudi Arabia has been urged to spare the lives of two juveniles and an aging political activist, after plans emerged to execute at least one of them this Thursday.
Sheikh Nimr Baqir Al Nimr, a 53-year old critic of the Saudi regime, and two juveniles, Ali Mohammed al-Nimr and Dawoud Hussain al-Marhoon, were arrested during a 2012 crackdown on anti-government protests in the Shiite province of Qatif. After a trial marred by irregularities, Mr Al Nimr was sentenced to death by crucifixion on charges including ‘insulting the King’ and delivering religious sermons that ‘disrupt national unity’. This week, it emerged that the authorities plan to execute him on Thursday, despite protests from the UN and Saudi human rights organizations.
The planned execution of Mr Al Nimr has prompted fears for the safety of the two juveniles, who were both 17 when they were arrested and eventually sentenced to death on similar charges. Both teenagers were tortured and denied access to lawyers, and faced trials that failed to meet international standards. All three prisoners, including Mr Al Nimr, have not yet exhausted their legal appeals.
Saudi Arabia has carried out executions at an unprecedented rate since the coming to power of King Salman in 2015. On May 6th 2015, the Kingdom carried out its 79th execution of the year, and it is already close to surpassing its 2014 total of 87 executions. Human rights organization Reprieve has urged the European Union to intervene with Saudi Arabia to prevent the killings.
Commenting, Maya Foa, director of Reprieve’s death penalty team, said: “Saudi Arabia’s wave of executions since the start of this year has provoked widespread disgust. But these killings, if they are allowed to go ahead, will mark a new low. The sentencing to death of children and the elderly on blatantly political charges is inexcusable, and smacks of an attempt to silence internal dissent in the Kingdom.”

