TSA Runs Background Checks of U.S. Passengers before They Arrive at the Airport
By Noel Brinkerhoff and Danny Biederman | AllGov | October 23, 2013
The Transportation Security Administration (TSA) has broadened its screening of passengers before they arrive at the airport by using government and private databases revealing personal information.
The expanded screening, which used to apply only to people entering the United States, now affects domestic travelers, and can include TSA agents reviewing car registrations and employment information.
“It is unclear precisely what information the agency is relying upon to make these risk assessments, given the extensive range of records it can access, including tax identification number, past travel itineraries, property records, physical characteristics, and law enforcement or intelligence information,” Susan Stellin wrote for The New York Times.
TSA claims that the purpose of the expanded passenger data scans is to identify low-risk passengers in order to lighten their security screening at the airport and thus make actual searches more targeted. The agency’s goal is to be able to do that with 25% of all passengers by the end of 2014. Those designated low-risk travelers will get to move through a separate line and be able to keep their shoes and jackets on.
Privacy groups expressed concern over the TSA’s widening reach into people’s personal records.
Previously, the air travel background checks, called Secure Flight, only involved a comparison of a passenger’s name, gender and date of birth to terrorist watch list data. Now it is clearly much more.
“I think the best way to look at it is as a pre-crime assessment every time you fly,” Edward Hasbrouck, a consultant to the Identity Project, one of the groups that oppose the prescreening initiatives, told the Times. “The default will be the highest, most intrusive level of search, and anything less will be conditioned on providing some additional information in some fashion.”
TSA has not announced details of the program, but it reportedly has already been launched.
To Learn More:
Security Check Now Starts Long Before You Fly (by Susan Stellin, New York Times)
As TSA Expands beyond Airports, Concerns are Raised over Warrantless Searches (by Noel Brinkerhoff and Danny Biederman, AllGov)
TSA Spreads to Trains, Subways, Bus Terminals and Ferries (by Noel Brinkerhoff and David Wallechinsky, AllGov)
Tennessee First State to Allow TSA Highway Random Search Program (by David Wallechinsky and Noel Brinkerhoff, AllGov)
Clerical Blunder Reveals TSA Considers Airport Terrorist Attack Unlikely
By JACK BOUBOUSHIAN | Courthouse News | October 22, 2013
Classified TSA documents revealed by clerical error show that the agency does not think terrorists are plotting to attack airplanes, suggesting that nude body scans are unnecessary to protect passengers.
After Rapiscan developed “backscatter” body scanners using Advanced Imaging Technology in 2007, Jonathan Corbett sued the Transportation Security Administration three years later.
He claimed that the TSA procedures violated the Fourth Amendment’s prohibition against unreasonable searches in requiring agents to touch the passengers’ private areas and let them see clear images of the passengers’ nude bodies.
Corbett claimed that the “the abstract risk[s] of terrorism without a credible, specific threat” does not justify the unreasonable screening procedures, which are performed without probable cause or a search warrant.
“The nude body scanners serve to palpate every inch of skin, this time with electromagnetic radiation rather than fingers,” he wrote in a recent brief. “Every crevice, fold, and bump is turned into a picture of the traveler’s nude body. It is, essentially, the high-tech version of an invasive pat-down.”
After a federal judge found in 2011 that only federal courts of appeals can hear challenges to TSA orders, Corbett’s case is now pending before the 11th Circuit.
In the course of discovery, the TSA gave Corbett classified documents, which he incorporated into the brief that he filed under seal.
A clerk at the 11th Circuit somehow neglected to place the document under seal, however, allowing the public to see the redacted information.
This mistake revealed the TSA’s apparent admission that terrorists are unlikely to target airports in a subsequent attack.
“As of mid-2011, terrorist threat groups present in the Homeland are not known to be actively plotting against civil aviation targets or airports; instead, their focus is on fundraising, recruiting, and propagandizing,” the TSA said.
In addition, the brief states that “the government concedes that it would be difficult to have a repeat of 9/11 due to hardened cockpit doors and the willingness of passengers to challenge hijackers rather than assume a hijacking merely means a diversion to Cuba. The government also credits updated pre-flight security for that difficulty assessment, but the assessment was written before the en masse deployment of body scanners and before the update to the pat-down procedure. Further, the government admits that there have been no attempted domestic hijackings of any kind in the 12 years since 9/11.”
The nude body scanners are not very good at detecting explosives, and almost everything caught by the machine, such as guns, could be found using a traditional metal detector, Corbett says.
The only thing the scanners allegedly excel at over a metal detector is finding illegal drugs, which do not threaten the safety of passengers.
Because less intrusive, but equally effective, search methods exist, the TSA’s use of nude scanners and full pat-downs is unnecessary and unconstitutional, according to the brief Corbett filed pro se.
“The limited support that the TSA has for the nude body scanners and pat-down procedures in Congress, in the eyes of the public, and in the courts so far is a direct result of the TSA’s insistence that these devices are necessary to mitigate the threat of non-metallic explosives,” it states. “When given the choice between sacrificing some of their privacy or risk being blown up, many people – especially politicians who would not want to have the finger pointed at them for being ‘responsible’ for allowing the next terrorist attack to happen – choose the former.
“However, this is a false choice, and the TSA has deliberately misled the public, Congress, and the courts into concluding that no less invasive alternatives can ‘do the job.’ At least three other technologies are available to the TSA for the purpose of screening travelers for explosives, and a review of the administrative record shows that the TSA’s decision to use nude body scanners and pat-downs over these other technologies was arbitrary and capricious.”
Related article
NSA spied on 125bn phone calls in one month
Press TV – October 24, 2013
The US National Security Agency monitored nearly 125 billion phone calls from around the world in just one month, including around 3 billion calls from US soil, according to documents released by whistleblower Edward J. Snowden.
The sheer extent of the NSA’s data collection effort was compiled from multiple sources and organized on Wednesday by members of intelligence website Cryptome, which regularly publishes government documents and other information.
The majority of calls monitored by the NSA originated from Afghanistan and Pakistan, where 13.76 billion and 21.98 billion calls were respectively collected during January 2013, according to the Boundless Informant “heat map” revealed by the Guardian.
Billions of phone calls were also recorded from countries in the Middle East, including Iraq, Saudi Arabia, Egypt, Iran and Jordan.
Additionally, some 6.28 billion calls from India were collected. An estimated 3 billion US phone communications were also tapped by the NSA.
Perhaps the most controversial element of the NSA spying program is the effort to collect phone data from Western nations that have friendly relations with the US.
Germany, France and several other countries have expressed concerns about US spying after Snowden, former NSA contractor, revealed classified information about US surveillance programs.
The chairman of the US Joint Chiefs of Staff, Gen. Martin Dempsey, admitted in July that Snowden’s exposés have seriously damaged US ties with other countries. “There has been damage. I don’t think we actually have been able to determine the depth of that damage.”
Related articles
- NSA Spies on 500 Million Germany Data Connections Monthly (leaksource.wordpress.com)
- US spied on French diplomats- report (worldbulletin.net)
- Angela Merkel Calls Obama, Enquires Why Her Phone Was Spied On (eteknix.com)
EU votes to suspend deal with US over spying scandal
Press TV – October 24, 2013
Members of the European Parliament (EP) have voted to suspend a security agreement with the United States, amid growing concerns over US spying activities against Europe.
“The EU should suspend its Terrorist Finance Tracking Program (TFTP) agreement with the US in response to the US National Security Agency’s alleged tapping of EU citizens’ bank data held by the Belgian company SWIFT,” read a resolution passed by the EP on Wednesday by 280 votes to 254 and 30 abstentions.
While the resolution is non-binding, the EP stressed that it “will take account of the European Commission’s response to this demand when considering whether to give its consent to future international agreements.”
In 2010, the European Union and the United States agreed on the TFTP, which allowed the US limited access to the global financial database SWIFT as part of an anti-terrorism campaign.
The Wednesday vote came, however, after revelations by former American intelligence contractor Edward Snowden that the United States was using the access to spy on Europe instead of using it for counterterrorism purposes.
The European lawmakers also called on EU member states to launch an investigation into the reports on the US espionage involving SWIFT.
Revelations of massive spying operations by the United States have triggered condemnations across Europe and Latin America.
In a latest revelation, Snowden said Washington has spied on the phone conversations of German chancellor Angela Merkel. The disclosure prompted the German chancellor to call US President Barack Obama to seek reassurance that her phone calls were no more targeted by US spying.
On October 21, the French newspaper Le Monde disclosed massive surveillance by the US on French citizens and diplomats. The news angered French President Francois Hollande, who expressed “extreme reprobation” for the reported collection by the US of 70 million digital communications between December 10, 2012 and January 8, 2013.
Federal Appeals Court Rules Warrant Required for GPS Tracking
By Nathan Freed Wessler | ACLU | October 23, 2013
Today the Third Circuit Court of Appeals ruled that law enforcement agents must obtain a warrant based on probable cause to attach a GPS device to a car and track its movements. The case, United States v. Katzin, is the first in which a federal appeals court has explicitly held that a warrant is required for GPS tracking by police. The ACLU submitted an amicus brief in the case (joined by the ACLU of Pennsylvania, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers) and presented oral argument to the court in March.
In this case, police suspected three brothers, Harry, Mark, and Michael Katzin, of robbing several pharmacies. Without getting a warrant from a judge, FBI agents attached a GPS tracking device to Harry Katzin’s car in order to follow its movements. The government used the GPS device to track the Katzins as they drove to and from another pharmacy, and arrested them as they drove away. Before trial, the Katzins argued that police had violated their Fourth Amendment rights by using the GPS tracker without a warrant, and the district court agreed. Today’s ruling affirms that decision.
Last year, in United States v. Jones, the Supreme Court unanimously held that attaching a GPS tracker to a car to follow its movements is a search under the Fourth Amendment. The Court did not decide whether police need a warrant to conduct such a search, however, and the government argued in this case that an exception to the usual requirement of a warrant should apply. The Third Circuit rejected the government’s arguments, explaining that GPS tracking is a “vastly broader endeavor” than the kinds of limited searches that courts have allowed without warrants. In particular, the court held that the “automobile exception” to the warrant requirement does not apply to GPS tracking. The exception is designed to permit warrantless searches of cars to reveal contraband before the cars can drive away. But, as the court explained, that narrow exception does not “permit [police] to leave behind an ever-watchful electronic sentinel in order to collect future evidence” without judicial oversight.
The court also rejected a second argument made by the government: that the so-called “good faith” exception should permit use of evidence derived from the GPS tracking, even if it violated the Fourth Amendment. Because the GPS tracker was attached to the Katzins’ car before the Supreme Court decided Jones, and before the Third Circuit had addressed the issue, the government argued that FBI agents couldn’t have known that using a GPS device might raise questions under the Fourth Amendment, and therefore they acted in good faith by choosing not to seek a warrant. The court explained that this does not excuse police from the requirement of getting a warrant:
Where an officer decides to take the Fourth Amendment inquiry into his own hands, rather than to seek a warrant from a neutral magistrate — particularly where the law is as far from settled as it was in this case — he acts in a constitutionally reckless fashion. Here, law enforcement personnel made a deliberate decision to forego securing a warrant before attaching a GPS device directly to a target vehicle in the absence of binding Fourth Amendment precedent authorizing such a practice. . . . Excluding the evidence here will incentivize the police to err on the side of constitutional behavior and help prevent future Fourth Amendment violations.
Today’s opinion offers a full-throated defense of the Fourth Amendment, and installs an important safeguard against unjustified government surveillance. As courts around the country consider challenges to warrantless location tracking by police (whether using GPS devices or cell phone signals), they would do well to follow the Third Circuit’s lead.
NSA’s Italy op exposed: ‘Millions’ of private communications intercepted with govt awareness
RT | October 23, 2013
Everyday communications of Italians are also on the watch list of the US National Security Agency, a new report has revealed. While an Italian parliamentary committee seeks clarification of NSA activities, local security sources defend the snooping.
Italy’s spy watchdog COPASIR has recently learned details of large-scale monitoring of Italians by the US intelligence agency NSA, according to a report published by Corriere della Sera.
COPASIR stands for Parliamentary Committee for the Intelligence and Security Services and for State Secret Control, and is tasked with overseeing the activities of Italy’s own spy agencies. The body has free access to intelligence agencies’ offices and documents and has the authority to overcome judicial and banking secrecy.
In order to confirm the snooping on Italians, the committee members had to go to the United States and meet with US intelligence agency directors, as well as with congressional committee chairs.
A delegation of parliamentarians from the COPASIR confirmed their concerns regarding the extent of the NSA’s PRISM surveillance program during an official visit to the US three weeks ago, the media said. As part of the program, phone calls and computer communications of “millions of Italians” are reportedly being gathered.
Moreover, Corriere della Sera added that the implications extended to “a monitoring network that started years ago and is still active,” of which the Italian government and spy agencies might have been well aware of.
Such discoveries have prompted uneasy questions to officials, with leading members of COPASIR now seeking clarification from the government, and reportedly awaiting the junior minister for the intelligence services, Marco Minniti, to visit the committee’s offices on Wednesday afternoon.
Meanwhile, Italian intelligence sources quoted in the report rushed to justify the surveillance activities of their partners.
The acquisition of the sensitive private information “has as its sole aim the fight against terrorism,” one source was quoted as saying, while another denied that the NSA’s spying ever breached Italy’s sovereignty.
“We have never had any evidence that this kind of monitoring might have involved political spying on Italian public figures. All our investigations into any such eventuality have proved negative,” the source maintained.
However, such explanations did not satisfy COPASIR, nor did the NSA deputy director’s promise of “a complete overview of communications to and from the United States.”
According to the Italian media, the committee member Claudio Fava from Left Ecology Freedom (SEL) party, was “openly perplexed” as he commented on such statements.
“It’s a data trawling system based on various sensors. US intelligence experts explained that their main concern was to comply with American data protection laws and intervene to safeguard national security. Whether this conflicts with other countries’ laws is of no concern to them but it should be to us,” Fava was quoted as saying.
Another COPASIR member, Felice Casson of the Democratic Party (PD), said that the replies the committee received from top Italian intelligence officials were “far from reassuring.”
“It is clear that the United States has acquired information on individuals and institutions across Europe. What concrete elements exist to rule out that this has happened to politicians and institutions in Italy?” Casson questioned.
Leading Democratic Party (PD) politician Ettore Rosato also demanded an explanation from the government, saying that “a few months ago, when the first [NSA whistleblower Edward Snowden’s] revelations emerged, both the prime minister, Enrico Letta, and the foreign minister, Emma Bonino, professed astonishment at what came out.”
So far, the documents obtained by various world media from the former NSA contractor Snowden have revealed that the Italian embassy in Washington was subject to spying along with the diplomatic missions of other countries. Italian intelligence sources have been careful to deny the claims only “off the record,” Corriere della Sera says.
Right before the NSA scandal emerged, the collaboration between Italian and American intelligence services was “at its peak,” and, according to the media, included sharing of communications through the SIGINT interception system. However, such cooperation appeared to have been justified by the ongoing allied wars in Iraq and Afghanistan and the search for western hostages there, the media adds.
But in the wake of recent revelations on the US spying activities in France, which triggered a media frenzy and public outrage, the media speculates Italy may find it difficult to maintain the same “stance” towards the NSA programs.
NSA Spy Revelations Show Need to Recast US-Mexico Security Programs
By Laura Carlsen | CIP Americas Program | October 21, 2013
The latest analysis of Snowden leaks from the German magazine Der Spiegel is a bombshell for Mexico.
“The NSA has been systematically eavesdropping on the Mexican government for years,” reads the opening line in the Oct. 20 issue.
The article goes on to detail three major programs that together constitute a massive espionage operation against Mexico. No one seems to have been immune from its intrusions, including two presidents.
The presidential computer network was infiltrated since 2010 when Felipe Calderon was still president. The ever-zealous National Security Agency (NSA) was apparently very proud of itself for hacking the private communications of the leader and cabinet members of an allied nation.
In a “top secret” report, its “Tailored Access Operations” division (TAO) crows:
“TAO successfully exploited a key mail server in the Mexican Presidencia domain within the Mexican Presidential network to gain first-ever access to President Felipe Calderon’s public email account”, calling it a “lucrative source” to gauge Mexican “political system and internal stability”. The leaked operation was code named “Flatliquid”.
Mexicans first found out that their nation, along with Brazil and other Latin American countries, was a major target back in September, when Brazil’s O Globo published an article by Glenn Greenwald, Roberto Kaz and Jose Casado on tapping Brazilian President Dilma Rousseff’s phone and other communications. The article noted that the NSA had Mexico in its sights too.
A specially designed NSA program spied on then-presidential candidate Enrique Peña Nieto to find out who he was planning to appoint to his cabinet and how he’d handle the volatile drug war—the cornerstone of US policy in Mexico.
That caused a stir and the Peña Nieto administration sent a diplomatic note and demanded a U.S. investigation.
Sunday’s revelations add details to the previous information and show a far vaster and more insidious operation than was first imagined. Text messages from Peña Nieto’s cell phone—85,489 to be exact, according to the Der Speigel-Snowden report– were harvested and organized into data bases, identifying nine close associates for surveillance and analysis.
A third program called “White Tamale” dates back to 2009, when the NSA managed to hack into the emails of high-level officials in the now-defunct Public Security Ministry.
“In the space of a single year, according to the internal documents, this operation produced 260 classified reports that allowed US politicians to conduct successful talks on political issues and to plan international investments.”
The documents note that the spy operation allowed the NSA to gain access to “diplomatic talking points”.
What does this mean? Wouldn’t using ill-begotten private communications in negotiations be something akin to blackmail?
In any case, it seems to have fulfilled its purpose because during the subsequent period U.S. intelligence, military, police and drug enforcement agencies achieved an unprecedented margin to operate in-country, effectively breaking down any remaining resistance to their activities on Mexican soil.
The Der Speigel article states that in spy operations in Mexico, “the drug trade” was given top priority level, while the country’s “political leadership”, “economic stability” and “international investment relations” received number-three priority rankings on a scale of five.
This latter category gives credence to charges from Brazilian President Dilma Rousseff that the NSA used its apparatus for industrial spying, seeking advantages. Her charges are borne out by documents that show that Brazilian oil company, PETROBRAS, was a target of U.S. espionage. The Mexico revelations were more general but also indicate economic espionage.
The NSA, as reflected in its own documents, seems to have no sense of boundaries—it qualifies its invasions as unqualified “successes”. Der Spiegel quotes another document that reads,
“These TAO accesses into several Mexican government agencies are just the beginning — we intend to go much further against this important target.”
It goes on to state that the divisions responsible for this surveillance are “poised for future successes.”
Mexico’s Muted Response
The response from NSA to questions was predictable,
“We are not going to comment publicly on every specific alleged intelligence activity, and as a matter of policy we have made clear that the United States gathers foreign intelligence of the type gathered by all nations.”
So far, no enterprising journalists have asked the Mexican government if it has 85 thousand text messages off of Obama’s phone.
Since September the Mexican government has known it was massively spied on by the United States. After the revelations regarding Peña Nieto’s communications and contacts with US diplomats, Mexico says President Obama agreed to carry out an investigation.
But what exactly does the Mexican government expect of this investigation? No one has questioned the authenticity of the documents. Everyone knows Snowden has them, otherwise why would the U.S. be trying to force his extradition and threatening countries offering asylum. And it seems that asking the U.S. government to investigate NSA be an exercise in futility, especially since the Der Speigel article states explicitly that the programs had presidential authorization.
Not surprisingly, Mexico’s response was widely considered weak.
So far, the response to this latest round of revelations hasn’t shown much more backbone. The foreign relations ministry called the practice “unacceptable, illegitimate and against the law”—and said it would be sending another diplomatic note.
“In a relationship between neighbors and partners, there is no room for the practices alleged to have taken place,” the ministry said.
When Der Speigel asked for a comment from Felipe Calderon, Harvard University, apparently the spokesperson for the beleaguered ex-president since it took him under its ivied wings as a Global Leaders Fellow at the Kennedy School, said it would give him the message.
A senior U.S. State Department official told CNN that the Mexican government reached out about the report, and that the two governments will be discussing it via diplomatic channels.
Peña Nieto has to react now. Brazil is taking specific steps to protect privacy from the long ear of the NSA. Rousseff has been outspoken in its indignation, taking it to the floor of the United Nations General Assembly and cancelling a state visit to Washington.
Mexico’s economic dependence on the United States under NAFTA puts the Peña administration in a tougher bind. Big business will put pressure on Peña to let it slide. The PRI is likely to be seriously annoyed, but it also knows an important part of its power base rests on its relationship with the U.S. government and economic elite, almost a tautology, as shown again in the fact that taxpayer-supported NSA spying was directed at industrial spying to give U.S. companies an edge in bidding, investing and competing.
Whatever the response, the revelations are a blow to a somewhat shaky relationship. Peña Nieto has made it clear it will not allow the same carte-blanche treatment U.S. agencies were given under former president Calderon, but he has also continued security integration and U.S. expansion under the guise of the war on drugs.
Calling into question the terms of the bi-national security relationship should not necessarily be viewed negatively. Demands for a more transparent and less military-oriented relationship between the U.S. and Mexico have been growing. The NSA documents reveal a global security doctrine that has spun dangerously out of control, with what Greenwald calls “the construction of a worldwide, ubiquitous electronic surveillance apparatus” that apparently has no qualms regarding the right to privacy or national sovereignty. Neither the Mexican nor the U.S. Congress has sufficient knowledge of what’s going on to provide reasonable oversight, and the Mexican government apparently has little knowledge of the realm of shadowy U.S. intelligence activity in its own country.
When you add in the private contractors hired under the $2 billion-dollar Merida aid package, it makes for a vast and murky world of post-Cold War conniving.
That can’t be good for diplomacy, or democracy.
Laura Carlsen is director of the Mexico City-based CIP Americas Program.
Related article
When Will the Government Officially Correct the False Claims It Made to the Supreme Court About NSA Surveillance?
By Trevor Timm | EFF | October 22, 2013
We’ve documented again and again how the government has refused to tell the truth about NSA surveillance to news organizations, Congress, and the American public. Now it seems clear we can add the Supreme Court to that list.
First, it’s important to remember that just months before Edward Snowden became a household name, the ACLU was before the Supreme Court challenging the FISA Amendments Act—a key pillar designed to justify much of the NSA’s surveillance. The ACLU argued that since their clients—journalists, advocates, and lawyers—were the prime candidates to be subject to this surveillance, the clients should be able to challenge the law as unconstitutional.
Unfortunately, the government successfully convinced the Court that the case should be thrown out on procedural grounds. The Court ruled the ACLU’s clients didn’t have “standing.” Essentially, because they had no definitive proof they were being spied on, so couldn’t challenge the law.
At the time, many thought this reasoning was absurd, including four dissenting Supreme Court Justices. Given the law’s incredibly broad reach, of course surveillance was occurring. “Perhaps, despite pouring rain, the streets will remain dry,” quipped Justice Breyer.
So in order to convince the Supreme Court to throw out the ACLU’s challenge, the government smartly argued someone could have standing to challenge the law. Otherwise, it may have seemed absurd to at least one more Justice, and the case might have gone the other way.
Solicitor General Donald Verrilli told the Court any defendant charged with a crime would be officially notified if they were subject to NSA surveillance and then someone could challenge it—an actual target. Prosecutors, according to the government, just hadn’t used FISA evidence yet in any court case.
Turned out, that wasn’t true.
As the New York Times reported last week, “Mr. Verrilli’s assurances clashed with the practices of national security prosecutors, who had not been alerting such defendants that evidence in their cases had stemmed from wiretapping their conversations without a warrant.”
In other words, the argument the Solicitor General used to convince the Supreme Court to dismiss a challenge to the FISA Amendments Act was false, and the Solicitor General deceived the Supreme Court, though perhaps not wittingly. When Verrilli confronted the Justice Department’s national security lawyers who briefed him for his argument, they explained away this false statement as “a misunderstanding,” according to the New York Times.
The Solicitor General has apparently convinced the Justice Department to change its policy and they now claim they will start notifying defendants. If the Justice Department follows through, this move should have implications across the board and will be a welcome shift.
Remember, just a few weeks ago Reuters reported that the Drug Enforcement Administration (DEA) was receiving tips from the NSA, distributing them to local law enforcement, and then covering them up by then obtaining the same evidence under different pretenses. As we explained at the time, this not only violates the Fourth Amendment, but the Fifth and Sixth Amendments as well, which guarantee defendants a meaningful opportunity to present a defense and challenge the government’s case.
There’s also the enormous “Hemisphere” phone surveillance program, first revealed by the New York Times in August, which the DEA carries out in partnership with the AT&T. EFF just filed an amicus brief in a San Francisco case that looks suspiciously like Hemisphere surveillance was going on as well.
It’s too early to tell if the Justice Department is going to follow through on its promise to tell the truth about spying in criminal cases. Thankfully, the ACLU has sued under the Freedom of Information Act to find out the Justice Department official policies on notifying defendants of NSA surveillance.
This is only a start. Informing criminal defendants of warrantless wiretaps only exposes illegal spying on a small few, and the Justice Department has made no promises to inform the millions of ordinary American’s caught up in the NSA dragnet. But it’s an important step forward, and could lead to a court to rule on the legality of the program.
ACLU deputy legal director Jameel Jaffer has also called on the Solicitor General to file a formal acknowledgement with the Court that the government’s policy was misrepresented to the justices during arguments. As Jaffer explains, there is ample precedent for the government to do so in situations similar to this.
It’s important for the Court to know that the government has not been honest with them, as the Court considers other representations about secret programs. Unfortunately, this is not the only time the government has provided false and misleading information to a court.
The culture of misinformation around the NSA has to stop. EFF also calls on the Solicitor General to formally acknowledge to the Court its misrepresentations and promptly tell every defendant that was subject to NSA surveillance so they can challenge the unconstitutional laws behind it.
Related article
- Obama fights SCOTUS review of NSA (politico.com)
Israel and the erosion of democracy: an Australian story
By Samah Sabawi | World Observer | October 18, 2013
A few months ago I signed my name as co-defendant to a possible legal action threatened by an Israeli law firm, Shurat HaDin, targeting two Centre for Peace and Conflict Studies (CPACS) academics – Professors Jake Lynch and Stuart Rees for publically refusing to co-operate with Israel’s Hebrew university. Almost two thousand Australian and international academics, writers, human rights activists and other members of civil society have since joined this unprecedented historic act of solidarity signing as co-defendants along with the two targeted professors.
Jake Lynch was practicing a basic democratic right when he made a moral and ethical decision to refuse to collaborate with an academic representing Hebrew university. Part of Hebrew university campus and dormitories were built on illegally annexed Palestinian land in contravention of the four Geneva Conventions. The university also sponsors the archeological digs in the Occupied Territories, appropriating Palestinian historical artifacts, preventing Palestinians from accessing those sites and displacing them from there – an act considered to be plundering under International Humanitarian Law. There is a long list of other violations by Hebrew university such as its links to Elbit systems – one of Israel’s largest military security and surveillance companies that monitors and maintains Israel’s continued illegal occupation of Palestinian land. But this story is not just about Jake Lynch or Hebrew University, it is a story about how democracy functions.
Defending the rights of academics to express their views on controversial issues is a basic tenant of democracy. Given that democracies are a work in progress, it is up to us as citizens within democratic nations to use our voice to protect our civil liberties. Part of this means we have to empower those who have been disempowered and stripped of their basic human rights, both at home and abroad. This does not bode well for Israel – a state criticized by UN bodies and reputable human rights organizations for its flagrant human rights violations.
Israel’s supporters react to criticism in two ways. The first is by intimidating and slandering critics claiming they are anti-Semitic and/or terrorist sympathizers. The second is by attacking and eroding our democratic rights thus destroying the tools by which we are able to expose its abuses and war crimes.
Academic freedom is hindered when governments interfere with their citizens’ right to form and express independent political views.
In this case, Israel’s network of supporters has launched all the fire power at their disposal, slandering the academics while pressuring the Australian government to erode our democratic right to dissent. CPACS is now faced with the real threat of losing federal government funding for programs unrelated to the campaign “Boycott, Divestment, and Sanctions” (BDS), solely on the basis of the political views held by the Centre’s director Jake Lynch.
Academic freedom is hindered when governments interfere with their citizens’ right to form and express independent political views. Last year following lobbying by the National Tertiary Education Union, the former Gillard government introduced a proposal to reform the objectives of the Higher Education Support Act making it a condition of funding that higher education institutions uphold academic freedom. Jeannie Rea, the National Tertiary Education Union president told Sydney Morning Herald, ”these changes…are an explicit acknowledgment that university staff has a right and a responsibility to exercise free intellectual inquiry, including the right to expression of controversial or unpopular opinions without being disadvantaged or discriminated against.”
The significance of this reform was lost on Australia’s new government. Before winning the elections, the now Australian foreign minister Julie Bishop promised to deny funding for projects by all academics who voice support for boycotting Israel regardless of whether or not these projects are related to the Palestine/Israel conflict.
But make no mistake about it, this policy of repression will not only target pro-Palestine supporters or critics of Israel, it will impact all sectors in Australian civil society. PM Tony Abbott has plans to re-prioritize about $900m in annual Australian Research Council (ARC) grants ensuring that only projects that are deemed worthy by the Liberal government and in line with their ideological beliefs will receive funding. The National Tertiary Education Union was amongst the first to criticise this infringement on democracy. Other condemnations followed from many peak bodies in the sector including the Deans of Arts, the Council for Humanities Arts and Social Sciences (CHASS), Science and Technology Australia (STA), Social Sciences and Humanities, the Council of Australian Postgraduate Associations (CAPA) and Universities Australia.
I asked Jake Lynch to comment on the possibility that he may find himself without funding for his research. This was his response:
“Julie Bishop’s attempts to stifle dissent on a key issue of foreign policy amount to an abuse of office and reflect badly on the integrity of Australian public life. I fully accept that I am entitled to no public money to pursue or publicise the academic boycott of Israel, and indeed I have never sought, nor received any. But Ms Bishop’s threats to withhold government research funding even for unrelated topics is an attack on intellectual freedom, aimed at intimidating others from engaging critically with Australian government policies on the Israel-Palestine conflict.”
At the end of this month we will find out if Professor Jake Lynch will be denied funding for a Discovery Project grant from the Australian Research Council because of his critical views regarding a foreign state; views that are shared by notable human rights advocates world-wide including the Rev. Desmond Tutu. In the meantime, the list of co-defendents will continue to grow as more of us rise to say no to Israel’s bullying tactics that threaten our basic democratic right to non-violently oppose its racist violations of intentional humanitarian law.
Israel is indeed good for western democracies but not for the reasons it claims; it is good because it exposes the hypocrisy and faults that are inherent within other democratic systems. If we cannot openly debate controversial issues within university campuses or hold controversial views on a foreign government then our democratic rights and freedom of expression are in peril.
– Samah Sabawi is a Palestinian writer and Policy Adviser to Al-Shabaka, the Palestinian policy network.
Related article
Police deploy four sniper teams in downtown Keene NH for Pumpkin Fest
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Background:
Cowardly City Councilors Ignore the People, Vote for BEARCAT 9-4
By Ian March 1, 2012
Tonight, the Keene city council could have made history as the first ever political designation to reject arms manufacturer LENCO and the federal government’s pushing of the BEARCAT police attack “tank“.
They could have heard the voices of the people who were crying out against this intimidating monstrosity that will inevitably militarize the Keene police even more, and as city councilor Carl Jacobs appropriately pointed out, distance them further from the community they supposedly serve.
They could have. But they didn’t. The BEARCAT passed 9 to 4.
Despite the outpouring of opposition in the community against the BEARCAT, not a single councilor changed their vote from December, when they originally voted in favor of it. That vote was 13 to 1. Why were the numbers different? The new city councilors who took office in January were the ones to vote against it. So, the councilors who originally voted for it completely disregarded all the input they received from the community in various forms:
- In a Keene Sentinel online poll, 72% said they city council was wrong to accept the BEARCAT. (Only 12% favored the BEARCAT in the poll.)
- WKBK’s Dan Mitchell stated on-air that 90% of his callers were against the BEARCAT.
- City councilor Bettina Chadbourne related during tonight’s meeting that of the 80 phone calls she received from various members of the community, (old, young, business owners, men, women, etc) only ten calls were in favor of the BEARCAT.
- The public hearing on the BEARCAT featured dozens of speakers, the supermajority of which opposed the BEARCAT.
- A random walk down Main St. would show anyone who bothered to ask people that the supermajority of people oppose the BEARCAT.
- Most letters to the editor of the Keene Sentinel were in opposition to the BEARCAT.
- During the meeting the councilors who favored the BEARCAT got no applause from the packed room, while the councilors who spoke in opposition to the BEARCAT were blasted with applause.
The reasons given for supporting the BEARCAT by the councilors were pathetic. Mitch Greenwald believes the Department of Homeland Security has our best interests in mind. Dale Pregent believes it will help in a flood. Janice Manwaring trusts the Keene Police to be good boys with their new, violent toy. Look for video here at Free Keene soon.
Not one of them changed their minds. The emails they received, the calls, the personal contacts – none of it mattered. None of it outweighed what the Keene police wanted. […]
Congratulations to the people calling themselves the Keene Police and City of Keene. Tonight they succeeded in proving that they don’t give a damn about what the people in the community want and effectively destroyed even more of the precious legitimacy that is so crucial to people seeing them as something other than an occupying criminal gang. Even though the advocates of peace lost in the vote, we won in the long view, because the aggressors have shown their hand yet again. They don’t care about your desires to live in a peaceful place. They only do what aggregates more power and money to them and their buddies. It’s clear they are the masters, not the servants. … Full article
‘Unacceptable and shocking’: France demands explanation for NSA spying
RT |October 21, 2013
France has called for an explanation for the “unacceptable” and “shocking” reports of NSA spying on French citizens. Leaked documents revealed the spy agency records millions of phone calls and monitors politicians and high-profile business people.
The US Ambassador to France Charles Rivkin was summoned by the French Foreign Ministry to account for the espionage allegations on Monday morning.
“I have immediately summoned the US ambassador and he will be received this morning at the Quai d’Orsay [the French Foreign Ministry],” French Foreign Minister Laurent Fabius told press. He added that “we must quickly assure that these practices aren’t repeated.”
In addition, citing the report on French publication Le Monde, Interior Minister Manuel Valls spoke out on national television against US spy practices.
“The revelations in Le Monde are shocking and demand adequate explanations from the American authorities in the coming hours,” said Valls on television channel Europe 1.
He went on to say that it is totally unacceptable for an allied country to spy on France.
Ambassador Rivkin refrained from commenting on the spy allegations on Monday morning and told Reuters that French-US ties are the “best they have been for a generation.”
Le Monde revealed in a report based on the security leaks of former CIA worker Edward Snowden that the NSA recorded 70.3 million phone calls between December 10, 2012, and January 8, 2013.
The NSA reportedly carries out its espionage in France using a program called ‘US-985D’ which is able to listen in on specific telephone calls and pick up on text messages according to key words used.
Moreover, Le Monde also wrote that it had reason to believe that the spying was not just limited to citizens suspected of being involved in terrorism. According to the data released by Snowden the NSA also eavesdropped on politicians and prominent business figures.
The newspaper did not give any indications as to the identity of the high-profile people.
France is not the only EU nation to be targeted by NSA surveillance. Germany took issue with the US government after it was revealed the NSA was tapping phone lines and recording electronic data in the country.
The EU will take steps to curtail US data mining on Monday in a vote to change data protection rules. The European Parliament’s Committee on Civil Liberties is expected to decide on the issue that would authorize fines for violation of EU data protection.
‘Investment benefits’
The US maintains that its spying activities are in the interests of national security and protect against terrorism. However, Snowden leaks released by Guardian reporter Glenn Greenwald showed the NSA had monitored Brazilian state-owned oil giant Petrobras and infiltrated the electronic communications of the Brazilian and Mexican presidents.
Mexico has also demanded an explanation for reports released by Der Spiegel on extensive spying on Mexican top officials and politicians.
Der Spiegal revealed that former President Felipe Calderon had also been a target for NSA espionage. Citing a classified internal report, it said the US monitors “diplomatic, economic and leadership communications which continue to provide insight into Mexico’s political system and internal stability.”
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From the Archives
World War II Didn’t End The Great Depression
Stark Realities with Brian McGlinchey | April 4, 2024
A principal goal of Stark Realities is to “expose fundamental myths across the political spectrum” — and few myths are as universally embraced as the notion that US participation in World War II (1941-1945) lifted the American economy out of the Great Depression.
This myth is dangerous not only because it leads citizens and politicians to see a bright side of war that doesn’t really exist, but also because it helps foster a belief that government spending is essential to countering economic downturns. That belief, in turn, has helped propel us to a point where the national debt now exceeds $34.6 trillion, with interest payments alone on pace to reach $1 trillion a year in 2026, inviting financial catastrophe. … continue
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