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Supreme Court Dismisses Challenge to FISA Amendments Act; EFF’s Lawsuit Over NSA Warrantless Wiretapping Remains

By Cindy Cohn and Trevor Timm | EFF | February 27, 2013

Yesterday, the Supreme Court sadly dismissed the ACLU’s case, Clapper v. Amnesty International, which challenged the FISA Amendments Act (FAA)—the unconstitutional law that allows the government to wiretap Americans communcating with people overseas. Under the FAA, the government can conduct this surveillance without naming individuals and without a traditional probable cause warrant, as the Fourth Amendment requires.

The court didn’t address the constitutionality of the FAA itself, but instead ruled that the plaintiffs—a group of lawyers, journalists, and human rights advocates who regularly communicate with likely “targets” of FAA wiretapping—couldn’t prove the surveillance was “certainly impending,” so therefore didn’t have the “standing” necessary to sue. In other words, since the Americans did not have definitive proof that they were being surveilled under the FAA—a fact the government nearly always keeps secret—they cannot challenge the constitutionality of the statute.

EFF’s Warrantless Wiretapping Case, Jewel v. NSA, Is Not Affected by Clapper

It’s shameful that the courts again have cut off another avenue for accountability regarding the NSA’s warrantless and unconstitutional surveillance activities. But as disappointing as the Clapper decision is, the good news is the decision likely won’t adversely affect our Jewel v. NSA lawsuit, which we argued in district court in December of 2012. Indeed, the Clapper decision makes the Jewel case one of the last remaining hopes for a court ruling on the legality of the warrantless surveillance of Americans, now conducted for over a decade.

The Ninth Circuit has already ruled that the Jewel plaintiffs have standing under settled law. The court’s decision is based on solid ground because we have presented the court with evidence that dragnet warrantless surveillance has already occurred, through testimony and documents from AT&T and NSA whistleblowers. In fact, the court specifically differentiated the two cases in its Jewel opinion:Jewel has much stronger allegations of concrete and particularized injury than did the plaintiffs in Amnesty International. Whereas they anticipated or projected future government conduct, Jewel’s complaint alleges past incidents of actual government interception of her electronic communications.”

Clapper v. Amnesty’s Catch-22

Nonetheless, the Supreme Court’s requirement in Clapper that a future harm must be “certainly impending” to allow a case to go forward is very troubling, especially in the context of cases involving secret surveillance.

As Justice Stephen Breyer’s dissent points out, future conduct can never be predict anything with 100% certainty, and if certainty was a requirement for standing, then virtually no cases would ever reach conclusion. Justice Breyer runs through dozens of cases where standing has been found for plaintiffs in situations where plaintiffs had a reasonable fear of harm, and in many of those cases, the plaintiffs were much less certain than the lawyers, human rights workers and journalist in Clapper.

Breyer summed absurdity of the “certainly impending” standard by saying, “One can, of course, always imagine some special circumstance that negates a virtual likelihood, no matter how strong. But the same is true about most, if not all, ordinary inferences about future events. Perhaps, despite pouring rain, the streets will remain dry (due to the presence of a special chemical).”

This standard is especially problematic when the harm is illegal surveillance conducted via secret government programs.  Unlike physical searches of the home, communications surveillance is by its nature hidden from the people affected, and national security surveillance is rarely made public or used in domestic criminal prosecutions. Thus, under the Supreme Court’s rule, regardless of whether its surveillance was legal or constitutional, the government can deny standing to a victim of illegal surveillance just by never revealing its illegal actions to the person affected. Essentially, one can’t challenge the government’s surveillance unless the government agrees.

Indeed, in arguing that its ruling does not mean that government surveillance under the FAA can never be reviewed by the courts, the Court could only point to situations in which the government intentionally revealed its surveillance.1

Allowing the Executive broad unfettered powers to “turn the Constitution on and off at will,” is exactly what the Supreme Court refused to do in Boumediene v. Bush, but what it appears to have allowed here.

It’s not even clear that the majority even understands the real scope of the FAA. In the opinion’s first sentence, Justice Alito refers to “individuals” that can be warrantlessly surveilled, but as we’ve explained many times, and the dissent notes, one of the most odious parts of the law is that it allows the government to get one court order for groups or categories of people—potentially thousands of people can be affected at a time.

The Shrinking Ranks of Warrantless Wiretapping Cases

This is the second ruling in the past year in which the government has convinced the court to dismiss challenges to the NSA warrantless wiretapping program on technical grounds, when there is ample evidence of wrongdoing. In 2012, the Ninth Circuit reluctantly dismissed the Al-Haramain case on “sovereign immunity” grounds despite a lower court ruling the government had violated the Fourth Amendment. The court reasoned that because of a glitch in the language of FISA statute, the plaintiffs had to sue individuals in the government in their personal capacities and couldn’t sue government agencies themselves or government officials in their official capacities.

We look forward to the district court in Jewel v. NSA determining that our case can move forward, and that the government can, once and for all, be held to account for the NSA’s unlawful and unconstitutional warrantless wiretapping program.

  • 1. The court also noted that a provision of the FAA allows a service provider, presumably in a fit of patriotic fervor and a willingness to pay expensive attorneys for its customers, challenges the government on its own, in secret. Yet even under this provision, the victim of the surveillance is unable to seek judicial review.

February 27, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , | Leave a comment

Israel detains Palestinian cartoonist, family says

Ma’an – 16/02/2013

204892_345x230JENIN – Israeli authorities on Saturday detained a Palestinian cartoonist on his way back to the West Bank from Jordan, according to his family.

Muhammad Abdul-Ghani Sabanah, 30, was detained at the Allenby Bridge crossing between Jordan and the West Bank, his brother Tamir told Ma’an, adding that Sabanah was in Jordan for a meeting.

He said that on his way back, Israeli troops detained Sabanah, who is from the Jenin town of Qabatia, without giving any explanation.

Sabanah’s cartoons are widespread in the Arab world. He is well-known for his criticism through his cartoons, which focus mainly on the Palestinian people’s problems and the Palestinian-Israeli conflict.

He works as a public information officer at the Arab American University in Jenin.

February 16, 2013 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Full Spectrum Dominance | , , , , | Leave a comment

Academy Awards for the Promotion of Torture?

By Dave Clennon | Dissident Voice | February 16th, 2013

I’m a member of Hollywood’s Motion Picture Academy. At the risk of being expelled, for disclosing my intentions, I will not be voting for Zero Dark Thirty — in ANY Academy Awards category.

Everyone who contributes skill and energy to a motion picture — including actors — shares responsibility for the impressions the picture makes and the ideas it expresses. If I had played the role that was offered to me on Fox’s 24 (Season 7), I would have been guilty of promoting torture, and I couldn’t have evaded my own responsibility by blaming the writers and directors.

So Jessica Chastain won’t get my vote for Best Actress. With her beauty and her tough-but-vulnerable posturing, she almost succeeds in making extreme brutality look weirdly heroic.

There’s plenty of “Oscar buzz” around Zero Dark Thirty. Several associations of film critics have awarded it their highest honors. I have watched the film (2hrs, 37min). Although torture is an appalling crime under any circumstances, Zero never acknowledges that torture is immoral and criminal.  It does portray torture as getting results. The name of Osama Bin Laden’s courier is revealed (in the movie) by a “detainee,” Ammar, who has endured prolonged and horrifying torture.

The two lead interrogators, both white, are not torturing Ammar at the moment he gives up the name (Abu Ahmed), but he is still utterly depleted from at least 96 hours of sleep-deprivation, and he knows they will torture him again, if he resists. “Y’know, I can …  hang you back up to the ceiling,” says chief interrogator Dan.

The “moral” of this particular screen story? Torture sometimes works.  Not always. Later, the female interrogator (and Zero’s heroine Maya [Chastain]), supervises

the “enhanced interrogation” of another detainee, Faraj.  These are some of the enhancements we see her employ: first, a thick brown liquid is poured into a funnel which has been pushed into Faraj’s mouth and rammed part-way down his throat; then Maya supervises his beating and near-drowning (aka waterboarding); he gasps for air, gags, shudders and chokes.

Director Kathryn Bigelow then shows Chastain in a clean, well-lighted restroom, looking pretty, but tired and frustrated; Bigelow does not give us a view of Faraj after HIS ordeal.  Next we see Maya complaining to her mentor Dan that Faraj hasn’t cracked.  “You want to take a run at him?” she asks, smiling hopefully.)

In minute 45 of Zero, we learn that Faraj has “gone south.”  Maya’s relentless, merciless torture has finally killed her detainee.  She is now a murderer. So, for the next hour and 45 minutes, we’re rooting for a gorgeous, murdering thug to track down a charismatic, murdering jihadist.

If, in fact, torture is a crime (a mortal sin, if you will) — a signal of a nation’s descent into depravity — then it doesn’t matter whether it “works” or not. Zero Dark Thirty clearly condones torture. Not a single character involved in “The Greatest Manhunt in History” expresses any regret about the CIA’s use of torture. Maya/Chastain gets her man (code named “Geronimo”!) and that’s all that counts. The end justifies the vicious means.

Individuals and groups protesting the easy tolerance of torture in Zero Dark Thirty have been dismissed by some commentators as having “a political agenda.” The grievous problem presented by torture is NOT political.  It’s moral. And it’s criminal. Decent people of the left, the right, and the center would all judge the torture in Zero Dark Thirty as immoral and criminal.

If the deeply racist landmark film Birth of a Nation were released today, would we vote to honor it? Would we give an award to Leni Riefenstahl’s brilliant pro-Nazi documentary, Triumph of the Will? Hundreds of millions around the world watch the Oscars, we’re told.  Are we going to show the world that we Americans STILL approve of torture?

After Jessica Chastain won Zero Dark Thirty’s only Golden Globe Award, it occurred to me that she is the new face of American torture — as Kiefer Sutherland was, for several years.  If the Academy votes her an Oscar, it wouldn’t be surprising if the world community concluded that the U.S.A. still tolerates this vicious, criminal behavior.

Sometimes, it’s not just a movie.  And acting in it isn’t just a job. It’s a moral choice.

Dave Clennon can be reached at djjc123@earthlink.net.

February 16, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture | , , , , , | Leave a comment

The Drug Trade and the Increasing Militarization of the Caribbean

By Kevin Edmonds | The Other Side of Paradise | February 8, 2013

Given the current controversy surrounding the extent of the U.S. drone program and targeted killings, it is important to revisit that in the summer of 2012, the U.S. Customs and Border Protection Agency announced that unmanned drones would begin patrolling Caribbean airspace as an expansion of the Caribbean Basin Security Initiative (CBSI). This is only one aspect of how the War on Drugs in the Caribbean is increasingly looking like the War on Terror.

The U.S.–Caribbean border is the often ignored “Third Border,” which the Department of Homeland Security has referred to as an “open door for drug traffickers and terrorists.” A recent study by the National Defence University has stated that “the region’s nexus to the United States uniquely positions it in the proximate U.S. geopolitical and strategic sphere. Thus, there is an incentive, if not an urgency, for the United States to proactively pursue security capacity-building measures in the Caribbean region.”

While the drones are unarmed for the time being, they will be primarily used to locate drug traffickers operating fishing boats, fast boats, and semi-submarines and would relay information to the Coast Guard, Navy or Caribbean authorities to carry out the interception and arrests. It has been revealed that the drones will be operating out of bases in Corpus Christi, Texas, Cocoa Beach, Florida and potentially the Dominican Republic and Puerto Rico.

The shift towards the use of drones in the region is largely based off of an unconvincing pilot program carried out over 18 months in the Bahamas, in which “During more than 1,260 hours in the air off the southeastern coast of Florida, the Guardian (drones) assisted in only a handful of large-scale busts.” That said, the Caribbean governments increased militarization in the region when they implemented the never-ending War on Drugs without any public consultation or debate. This erosion of regional sovereignty may be a slippery slope to a dangerous future in which Caribbean nationals may very well find themselves on kill lists instead of facing a trial.

Such a conclusion is not baseless, as a November 2012 report by the U.S. House Committee on Homeland Security recommended that Latin American drug cartels be classified as terrorist organizations “so there is increased ability to counter their threat to national security.” Furthermore, in 2009, the U.S. Military drew criticism for placing 50 suspected Afghani drug traffickers on a “kill list” as part of their ongoing efforts to cut off finance stream of the Taliban. The controversy arose due to the fact that drug traffickers (generally classified as civilians) had now been placed into the same legal category as the Taliban “insurgents” and thus became legitimate targets.

This is especially important in light of how the extradition of Jamaican kingpin Christopher “Dudus” Coke was handled. In September 2009, the United States requested his extradition to face drug trafficking charges, but Jamaican Prime Minister Bruce Golding blocked the request due to his deep political connections with Coke. It was only after months of intense pressure that Golding caved in May 2010. Jamaican Police and the Jamaican Defense Forces led the bloody operation to arrest Coke, which resulted in the deaths of more than 70 civilians—the vast majority of which were unarmed.

The resulting scandal led to the downfall of Golding as Prime Minister but highlighted the power that drug traffickers and gang leaders have had in Jamaican government and politics. It has since been reinforced that the operation was “assisted by the U.S. government and carried out, to a large degree, at its behest.” Information has emerged which reveals that a U.S. spy plane participated in the raid of Coke’s stronghold of Tivoli Gardens, and a Freedom of Information Act action has recently been levied against the Drug Enforcement Agency (DEA) by a group of law students to reveal the extent of U.S. involvement.

To prevent such explosive outcomes in the future, there has been a call for closer integration between Caribbean police forces and the U.S. DEA in a clear escalation of the War on Drugs. A September 2012 Senate Report revealed that Jamaica has been floated as a target for a Sensitive Investigative Unit, which consists of a highly trained police that collaborate with the DEA. A similar program exists in Kandahar, where U.S. and British troops have created and participated in a task force made up of Afghan police officers and U.S. DEA agents to disrupt the drug trade and investigate corrupt Afghan officials.

According to a seemingly benign Department of Homeland Security (DHS) press release announcing the drone program, the “DHS is partnering with Caribbean nations to enhance border security in the region through the Caribbean Basin Security Initiative (CBSI) . . . . The DHS is conducting border security training in conjunction with CBSI to increase partner nation capacity to secure their borders.” The problem with such statements is that there is always more shady business going on behind the scenes. Given the direction of U.S. policy in the region, it will only be a matter of time until the War on Drugs becomes eerily similar to the War on Terror.

February 16, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , | Leave a comment

How We Kill: Christopher Dorner and “the burner”

China Matters | February 15, 2013

The tactics employed against Christopher Dorner by the San Bernardino Sheriff’s Department are attracting an awkward amount of interest since an audiotape surfaced with law enforcement officials referring to a munition as a “burner”.

As in (all quotes from the Feb. 15, 2013 LA Times report titled “As Dorner fired, tactics got tougher”):

“We’re going to go forward with the plan, with the burner,” the unidentified officer said, according to a recording of police radio transmissions reviewed by The Times.

 “Seven burners deployed,” another officer responded several seconds later, according to the transmission which has circulated widely among law enforcement officials. “And we have a fire.”

I was interested in this issue because of an incident in Burma where Burmese police cleared an encampment of protesters trying to block expansion of a China-invested copper mine project.

The tear gas munitions fired into the protesters’ tents apparently caused severe burns to some of the protesters for reasons that are apparently not completely understood.

So I corresponded with an expert on police tactics and learned that there is indeed a munition commonly called “incendiary CS [CS standing for the inventors of the tear gas compound, Ben Corson and Roger Stoughton] gas” or, in day-to-day argot, “the burner”.

The tear gas chemical, 2-chlorobenzalmalononitrile, is actually a solid at room temperature, not a gas, and it doesn’t disperse quickly and thoroughly, as a gas would.  To be effective, the CS chemical has to be melted, dissolved in a solvent, or micropulverized and then mechanically dispersed.

In the burner scenario, the shell contains CS solution and an explosive charge which generates intense heat in order to aerosolize the solution and evaporate the solvent, so that the CS instantaneously precipitates in a cloud of solid particles, saturates the target area, and rapidly incapacitates the subject/victim.

Intense heat is a fundamental feature of the incendiary CS gas shell.

If the shell used in the Dorner case was similar to the munition employed in the disastrous siege of the Branch Davidian compound in Waco or the MOVE headquarters in Philadelphia, an accurate description of the “burner” would be “thermal grenade with some tear gas added”.

With incendiary CS, fires are considered to be well-nigh inevitable if anything combustible is around. So, the “burner” is only used as a last resort by law enforcement.

Of course, there is considerable skepticism that the circumstances of the Dorner siege—he was alone, barricaded in a cabin, and surrounded by law enforcement officers—demanded that the SBSD fire seven “burners” into the cabin instead of waiting him out.

I don’t think the arguments put forth by defenders of the operation could withstand the scrutiny of a middle school forensics team.

Here they are, courtesy of the LA Times:

 “What difference does it make if one of the officers puts a … round in his head, drives the armored vehicle over his body when they are knocking the building down, or he dies in a conflagration?” said David Klinger, a use-of-force expert at the University of Missouri at St. Louis and a former LAPD officer. “If he is trying to surrender you can’t do any of those things … But if he is actively trying to murder people, there’s no doubt that deadly force is appropriate and it doesn’t matter what method is used to deliver it.”

Geoffery Alpert, a professor at the University of South Carolina who also specializes in police tactics, agreed.

“I don’t understand what the big deal is,” Alpert said. “This man had already shot two officers and was suspected of murdering other people. He wasn’t responding in a rational manner. The actions you take have to remove the threat and if it requires extreme measures, then so be it.”

I might point out that the arguments advanced by these two distinguished scholars both reference rules of war, not policing. I guess we can chalk this up to the further militarization of US security culture post-9/11.

In wartime, any force that is not actively engaged in surrender is fair game. This was the justification for the “turkey shoot” on the “highway of death” —the attack on Iraqi forces as they were withdrawing from the front lines after Saddam Hussein had accepted the UN resolution and a ceasefire had been declared, and the concurrent “Battle of Rumaili”, a five-hour air and artillery bombardment carried out by General McCaffrey’s forces against helpless units of the Iraqi Republican Guard boxed in on the Rumaila Causeway on their way back to Baghdad.

It is different for accused criminals in the United States.  Some kind of trial/sentencing/due process thing is supposed to intervene before someone can be killed for not surrendering.

Mr. Alpert, while upholding the proud tradition of South Carolina higher education, is further off base. Despite determined efforts by the United States to stretch the boundaries, under international law a pre-emptive strike is only permitted in the case of an imminent threat, not the past or potential threat represented by a guy barricaded alone in a cabin surrounded by dozens of law enforcement officers with guns.

As to the issue of who was “responding in a rational manner” that day…

The thought processes of the San Bernadino County Sheriff’s Department—which had lost one of their own to Dorner—are probably reflected in an alleged transcription from the radio chatter that the LA Times demurely declined to reproduce, but was reported by the no-holds barred NY Post:

“Burn this motherf–ker!” one officer shouted …Amid sounds of gunfire, voices can be heard shouting, “Burn it down!” and “Shoot the gas!”

February 16, 2013 Posted by | Civil Liberties, Deception, Full Spectrum Dominance, Timeless or most popular, War Crimes | , , , , , | Leave a comment

Israel bars reports on secret prisoner

Al-Akhbar | February 12, 2013

Israel’s Office of the Prime Minister on Tuesday summoned the owners and top editors of country’s media establishments to forbid them from publishing reports on a prisoner who had been secretly jailed in 2010.

Haaretz reported that the office called an “emergency meeting” with the Israeli Editors Committee where they were reportedly ordered to “withhold publication of information pertaining to an incident that is very embarrassing to a certain government agency.”

The order comes in response to a new investigative report by Australia’s ABC TV news program Foreign Correspondent which alleges to have revealed the identity of a former inmate in Israel’s Ayalon Prison who was found dead in his cell in 2010.

The secret inmate, known as “Prisoner X,” was reportedly kept in a cell built for the man who assassinated former Israeli Prime Minister Yitzhak Rabin.

Haaretz had earlier posted, then quickly removed a story linking to the Australian report, presumably under government orders.

At 12:38pm, the newspaper Tweeted the story, which was titled: “Report: Security prisoner who committed suicide in Israeli prison in 2010 was Australian.” Less than two hours later a user pointed out that the story had vanished.

No details had previously been released about the prisoner’s identity or reasons behind his incarceration.

The ABC report, which came out Tuesday, identified the man as Ben Zygier, an Australian citizen who had been living in Israel for 10 years before his death.

The report said it had found evidence to suggest that Zygier had been recruited by Israel’s Mossad spy agency, but that it remained unclear why he was being secretly held.

An Israeli court order – issued shortly after his imprisonment in 2010 – that barred media from covering the story remains in effect, the report added.

The prisoner was found hanging from his cell after being held for several months in an apparent suicide.

Media scholars have written on Israel’s tight media restrictions over issues it claims may compromise the security of the Jewish state.

February 12, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , | Leave a comment

As Secretive “Stingray” Surveillance Tool Becomes More Pervasive, Questions Over Its Illegality Increase

By Trevor Timm | EFF | February 12, 2013

A few months ago, EFF warned of a secretive new surveillance tool being used by the FBI in cases around the country commonly referred to as a “Stingray.” Recently, more information on the device has come to light and it makes us even more concerned than before.

The device, which acts as a fake cell phone tower, essentially allows the government to electronically search large areas for a particular cell phone’s signal—sucking down data on potentially thousands of innocent people along the way. At the same time, law enforcement has attempted use them while avoiding many of the traditional limitations set forth in the Constitution, like individualized warrants. This is why we called the tool “an unconstitutional, all-you-can-eat data buffet.”

Recently, LA Weekly reported the Los Angeles Police Department (LAPD) got a Department of Homeland Security (DHS) grant in 2006 to buy a stingray. The original grant request said it would be used for “regional terrorism investigations.” Instead LAPD has been using it for just about any investigation imaginable.

In just a four month period in 2012, according to documents obtained by the First Amendment Coalition, the LAPD has used the device at least 21 times in “far more routine” criminal investigations. The LA Weekly reported Stingrays “were tapped for more than 13 percent of the 155 ‘cellular phone investigation cases’ that Los Angeles police conducted between June and September last year.” These included burglary, drug and murder cases.

Of course, we’ve seen this pattern over and over and over. The government uses “terrorism” as a catalyst to gain some powerful new surveillance tool or ability, and then turns around and uses it on ordinary citizens, severely infringing on their civil liberties in the process.

Stingrays are particularly odious given they give police dangerous “general warrant” powers, which the founding fathers specifically drafted the Fourth Amendment to prevent. In pre-revolutionary America, British soldiers used “general warrants” as authority to go house-to-house in a particular neighborhood, looking for whatever they please, without specifying an individual or place to be searched.

The Stingray is the digital equivalent of the pre-revolutionary British soldier. It allows police to point a cell phone signal into all the houses in a particular neighborhood, searching for one target while sucking up everyone else’s location along with it. With one search the police could potentially invade countless private residences at once.

In another recent development, the FBI handed over two documents—out of an estimated 25,000 they have on Stingrays—to EPIC as part of the privacy group’s Freedom of Information Act lawsuit to obtain more information about the use of mysterious devices. As Slate’s Ryan Gallagher reported:

Two heavily redacted sets of files released last month show internal Justice Department guidance that relates to the use of the cell tracking equipment, with repeated references to a crucial section of the Communications Act which outlines how “interference” with communication signals is prohibited.

It’s a small but significant detail. Why? Because it demonstrates that “there are clearly concerns, even within the agency, that the use of Stingray technology might be inconsistent with current regulations,” says EPIC attorney Alan Butler. “I don’t know how the DOJ justifies the use of Stingrays given the limitations of the Communications Act prohibition.”

The documents also suggest that the FBI is loaning out the devices to local police.

On March 28th, the judge overseeing the Rigmaiden case, which we wrote about previously, will hold a hearing on whether evidence obtained using a stringray should be suppressed.  It will be one of the first times a judge rules on the constitutionality of these devices in federal court.

It’s time for local police and federal law enforcement agencies to come clean about the technology and how they are using it, before more ordinary citizens have their constitutional rights violated.

February 12, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , | Leave a comment

Mandatory Black Boxes in Cars Raise Privacy Questions

EFF | February 11, 2013

San Francisco – The Electronic Frontier Foundation (EFF) urged the National Highway Traffic Safety Administration (NHTSA) today to include strict privacy protections for data collected by vehicle “black boxes” to protect drivers from long-term tracking as well as the misuse of their information.

Black boxes, more formally called event data recorders (EDRs), can serve a valuable forensic function for accident investigations, because they can capture information like vehicle speed before the crash, whether the brake was activated, whether the seat belt was buckled, and whether the airbag deployed. NHTSA is proposing the mandatory inclusion of black boxes in all new cars and light trucks sold in America. But while the proposed rules would require the collection of data in at least the last few seconds before a crash, they don’t block the long-term monitoring of driver behavior or the ongoing capture of much more private information like audio, video, or vehicle location.

“The NHTSA’s proposed rules fail to address driver privacy in any meaningful way,” said EFF Staff Attorney Nate Cardozo. “These regulations must include more than minimum requirements of what should be collected and stored – they need a reasonable maximum requirement as well.”

The current NHTSA proposal mandates a boilerplate notice to consumers that “various systems” are being monitored. The plan also calls for a commercial tool to be made available to allow user access to black box data. In its comments submitted to the NHTSA today, EFF calls for complete and comprehensive disclosure of data collection as well as a free and open standard to access black box information.

“The information collected by EDRs is private and must remain private until the car owner consents to its use,” said Cardozo. “Consumers deserve full disclosure of what is being collected, when, and how, as well as an easy and free way of accessing this data on their own. Having to buy access to your own data is not reasonable. ”

In addition to submitting its own comments to the NHTSA today, EFF also joined the Electronic Privacy Information Center and a broad coalition of privacy, consumer rights, and civil rights organizations in comments urging the NHTSA to adopt specific, privacy-protecting amendments to its proposed rules.

For EFF’s full comments submitted to the NHTSA:
https://www.eff.org/document/effs-comments-nhtsa-about-black-boxes-cars

Contact:

Nate Cardozo
Staff Attorney
Electronic Frontier Foundation
nate@eff.org

February 12, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , | Leave a comment

Israeli forces arrest Hamas-affiliates across West Bank

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Ma’an – 12/02/2013

BETHLEHEM – Israeli forces launched multiple arrest raids overnight Monday against Hamas affiliates in the West Bank, Hamas sources and locals said.

Hamas leader Rafat Jamil Nasif, 45, was detained in Tulkarem in an arrest raid on his home, sources in the Islamist movement said. Nasif’s family were forced to stand outside in the cold while sniffer dogs searched his home.

Musab al-Ashqar, Abdullah Ismail al-Khalil and Ammar Jihad Ameir, students at al-Khadouri university, were also arrested in Tulkarem, together with the local Imam’s son Qitad Amar Bidawi.

In Nablus, Israeli forces detained a local Islamist student leader Muthanna Jamil Eshtayeh and students Osama Khalid Yamin and Walid Jamal Asida from An-Najah university, locals said.

Mousa Ahmad Yamin and Abed al-Ghani Ayesh Samara were also detained in nearby villages.

Four people were arrested in Qalandia refugee camp in Ramallah, including two ex-prisoners, and in Hebron two other students were detained.

An Israeli army spokeswoman said that 13 people were detained overnight, including four in Nablus, five in Tulkarem, three in Bethlehem and one in Hebron.

Another military spokesman said nine people arrested were affiliated with Hamas.

The latest detentions follow a sweep of arrests of Hamas-affiliated officials in the West Bank over the past week.

Last Tuesday, Israeli forces arrested 12 people including at least three Hamas-affiliates.

A day earlier, Israeli soldiers arrested 23 members of Hamas, including three lawmakers — Ahmed Attoun in al-Bireh, Hatem Qafisha in Hebron and Mohammed al-Tal in al-Dhahiriyya.

Hamas condemned the arrests as a “criminal act.”

February 12, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Illegal Occupation, Subjugation - Torture | , , , , , , , , , | Leave a comment

Homeland Security Approves Seizure of Cell Phones and Laptops within 100 Miles of Border; Report Remains Secret

By Matt Bewig | AllGov | February 11, 2013

  (graphic: ACLU)

Americans have no Fourth Amendment rights against unreasonable searches and seizures if they happen to be within 100 miles of the border, according to the “Executive Summary” of a still-secret report by the Department of Homeland Security (DHS). As the ACLU-created map above shows, nearly 2/3 of Americans (197 million people)—including the entire populations of Florida, Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New Jersey, Delaware, Maryland, Washington, DC, and Michigan—live in this “Constitution free” zone, as do the residents of the nation’s five most populous cities: New York, Los Angeles, Chicago, Houston and Philadelphia.

The secret report is DHS’s response (two years late) to critics of its policy, in place since at least 2008, of allowing border control agents, without a warrant or even a suspicion of wrongdoing, to search any travelers’ electronic devices (laptops, cell phones, tablets, cameras, etc.) and seize data they find. According to a Freedom of Information Act request (FOIA) filed three years ago by the ACLU, DHS subjected more than 6,500 travelers—nearly half of them U.S. citizens—to searches under this policy between October 2008 and June 2010.

The Executive Summary of the secret report, which DHS is allowing the public to see, sets forth its conclusions without even summarizing the reasoning underlying them. Thus it asserts that “imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” but is silent on how DHS defines “civil rights/civil liberties benefits” or how it balances these against its institutional needs.

The ACLU, which has already filed an FOIA request demanding the full report, released a statement arguing that “allowing government agents to search through all of a traveler’s data without reasonable suspicion is completely incompatible with our fundamental rights: our Fourth Amendment right to privacy—and more specifically the right to be free from unreasonable searches—is implicated when the government can rummage through our computers and cell phones for no reason other than that we happen to have traveled abroad. Suspicionless searches also open the door to profiling based on perceived or actual race, ethnicity, or religion. And our First Amendment rights to free speech and free association are inhibited when agents at the border can target us for searches based on our exercise of those rights.”

To Learn More:

DHS Watchdog OKs ‘Suspicionless’ Seizure of Electronic Devices Along Border (by David Kravets, Wired)

February 11, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , | Leave a comment

Wanted: Dead, Not Alive: The LAPD is Afraid of What Renegade Cop Chris Dorner has to Say

By Dave Lindorff – This Can’t be Happening – 02/10/2013

Let’s not be too quick to dismiss the “ranting” of renegade LAPD officer Chris Dorner.

Dorner, a three-year police veteran and former Lieutenant in the US Navy who went rogue after being fired by the LAPD, has accused Los Angeles Police of systematically using excessive force, of corruption, of being racist, and of firing him for raising those issues through official channels.

By all media accounts, Dorner “snapped” after his firing, and has vowed to kill police in retaliation. He allegedly has already done so, with several people, including police officers and family members of police already shot dead.

Now there’s a “manhunt” involving police departments across California, focusing on the mountains around Big Bear, featuring cops dressed in full military gear and armed with semi-automatic weapons.

Nobody would argue that randomly killing police officers and their family members or friends is justified, but I think that there is good reason to suspect that the things that Dorner claims set him off, such as being fired for reporting police brutality, and then going through a rigged hearing, deserve serious consideration and investigation.

The LAPD has a long history of abuse of minorities (actually the majority in Los Angeles, where whites are now a minority). It has long been a kind of paramilitary force — one which pioneered the military-style Special Weapons and Tactics (SWAT) approach to “policing.”

If you wanted a good example to prove that nothing has changed over the years, just look at the outrageous incident involving LAPD cops tasked with capturing Dorner, who instead shot up two innocent women who were delivering newspapers in a residential area of Los Angeles. The women, Margie Carranza, 47, and her mother, Emma Hernandez, 71 (now in serious condition in the hospital), were not issued any warning. Police just opened fire from behind them, destroying their truck with heavy semi-automatic fire to the point that it will have to be scrapped and replaced. The two women are lucky to be alive (check out the pattern of bullet holes in the rear window behind the driver’s position in the accompanying photo). What they experienced was the tactics used by US troops on patrol in Iraq or Afghanistan, not the tactics that one expects of police. Their truck wasn’t even the right make or color, but LAPD’s “finest” decided it was better to be safe than sorry, so instead of acting like cops, they followed Pentagon “rules of engagement”: They attempted to waste the target.

LAPD officers fired on this car with clear intent to kill (check out the bullet holes behind the driver-seat position). Trouble was, it was the wrong make and wrong color, and instead of Dorner, it was two Latino women, one of whom is now in serious condition from her wounds. No warning was given before the barrage.

Local residents say that after that shooting, which involved seven LAPD officers and over 70 bullets expended, with nobody returning fire, the street and surrounding houses were pockmarked with bullet holes. The Los Angeles Times reports that in the area, there are “bullet holes in cars, trees, garage doors and roofs.”

In roofs?

What we had here was an example of a controversial tactic that the military employed in the Iraq War, and still employs in Afghanistan, called “spray and pray” — a tactic that led directly to the massive civilian casualties during that US war.

We shouldn’t be surprised that two brown-skinned women were almost mowed down by the LAPD–only that they somehow survived all that deadly firing directed at them with clear intent to kill.

The approach taken by those cop-hunting-cops of shooting first and asking questions later suggests that the LAPD in this “manhunt” for one of their own has no intention of capturing Dorner alive and letting him talk about what he knows about the evils rampant in the 10,000-member department. They want him dead.

When I lived in Los Angeles back in the 1970s, it was common for LAPD cops to bust into homes, gestapo-like, at 5 in the morning, guns out, to arrest people for minor things like outstanding court warrants for unpaid parking tickets, bald tires, or jaywalking.

Police helicopters also used to tail me — then an editor of an alternative news weekly — and my wife, a music graduate student, as we drove home at night. Sometimes, they would follow us from our car to front door with a brilliant spotlight, when we’d come home at night to our house in Echo Park. It was an act of deliberate intimidation. (They also infiltrated our newspaper with an undercover cop posing as a wannabe journalist. Her job, we later learned, was to learn who our sources were inside the LAPD — sources who had disclosed such things as that the LAPD had, and probably still has, a “shoot-to-kill” policy for police who fire their weapons.)

Friends in Los Angeles tell me nothing has changed, though of course the police weaponry has gotten heavier and their surveillance capabilities have gotten more sophisticated and invasive.

It is clear from the LAPD’s paramilitary response to the Occupy movement in Los Angeles, which included planting undercover cops among the occupiers, some of whom reportedly were agents provocateur who tried to encourage protesters to commit acts of violence, and which ended with police violence and gratuitous arrests, as in New York, that nothing has changed.

In other words, Dorner may be irrational, but he ain’t crazy.

A black military veteran, Dorner joined the police because he reportedly believed in service. Unable to go along with the militarist policing he saw on the job, he protested through channels and was apparently rewarded by being fired. Now, in his own violent way, he is trying to warn us all that something is rotten in the LAPD, and by extension, in the whole police system in the US. Police departments almost everywhere in the US, have morphed, particularly since 9/11/2001, from a role of providing public safety and law enforcement into agencies of brutal fascist control.

As Dorner says in his lengthy manifesto (actually quite explicit and literate, but described as “ranting” in corporate media accounts), in which he explains his actions and indicts the LAPD, “The enemy combatants in LA are not the citizens and suspects, it’s the police officers.”

That could be said of many US police departments, I’m afraid.

Example: Last fall, I had the experience of trying to hitchhike in my little suburban town. A young cop drove up and informed me (incorrectly, it turns out) that it was illegal to hitchhike in Pennsylvania. When I expressed surprise at this and told him I was a journalist working on an article on hitchhiking, he then threatened me directly, saying that if I continued to try and thumb a ride, he would “take you in and lock you up.”

When I called a lawyer friend and said I was inclined to take the officer up on that threat, since I was within my rights under the law hitchhiking as long as I was standing off the road, he warned me against it, saying, “You don’t know what could happen to you if you got arrested.”

And of course he’s right. An arrest, even a wrongful arrest, in the US these days can lead to an added charge — much more serious — of resisting arrest, with a court basing its judgement on the word of the officer in the absence of any other witnesses. It can also lead to physical injury or worse, if the officer wants to lie and claim that the arrested person threatened him or her.

If I had been in Los Angeles, I would most likely have been locked up for an incident like that. Forget about any warning. You aren’t supposed to talk back to cops in L.A. And if you are black or Latino, the results of such an arrest could be much worse.

I remember once witnessing LAPD cops stopping a few Latino youths who had been joyriding in what might have been a stolen car. There was a helicopter overhead, and perhaps a dozen patrol cars that had converged on the scene, outside a shopping mall in Silverlake. I ran over to see what was happening and watched as the cops grabbed the kids, none of whom was armed, out of the vehicle and slammed them against the car brutally. It was looking pretty ugly, but by then neighbors from the surrounding homes, most of them Latino, who had poured out onto their lawns because of the commotion, began yelling at the cops. One man shouted, “We see what you’re doing. These boys are all healthy. If anything happens to any of them after you arrest them we will report you!”

The cops grudgingly backed off in their attack on the boys, and took them away in a squad car. I don’t know what happened to them after that, but they were most certainly saved, by quick community response, from an on-the-spot Rodney King-style beating that could have seriously injured them, or worse.

As things stand right now, with the LAPD gunning for Dorner, and wanting him dead and silenced, not captured, the public has to worry that it has more to fear from the LAPD than it has to fear from Dorner himself. At least Dorner, in his own twisted way, has specific targets in mind. The LAPD is in “spray and pray” mode.

Chris Dorner, in happier days, now a fugitive on the run from the LAPD "manhunters"

Chris Dorner, in happier days, now a fugitive on the run from the LAPD “manhunters”

Hopefully, Dorner will realize he can do more by figuring out a safe way to “come in from the cold” so he can try to testify about LAPD crimes, than by killing more cops. If he does manage to surrender, he’d better have a lot of support lined up to keep him safe while in custody.

It’s already clear that a lot of people in the LAPD want him dead.

February 11, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Militarism, Timeless or most popular, War Crimes | , , , , , , , , | Leave a comment

Securing the ethnic cleansing of Silwan: Settlements in Wadi Hilweh using Pelco security equipment

Pelco cameras system being used by illegal settlements in Silwan
Pelco camera system being used by illegal settlement in Silwan
Corporate Watch | February 10, 2013

The Palestinian neighbourhood of Silwan is experiencing harassment and home demolitions at the hands of the Israeli state and settler organisations. This ethnic cleansing is enforced by security companies and surveillance technology and facilitated by revenue from international donors and from tourism. Corporate Watch will be writing a series of articles over the coming months exposing the companies and charities carrying out this ethnic cleansing and those organisations who are funding it and profiting from it.

The communities of Wadi Hilweh and Al Bustan in Silwan in East Jerusalem are watched over by hundreds of Closed Circuit Surveillance (CCTV) cameras installed by settlers and the settler/colonial organisation El Ad.

These cameras watch over the creeping colonisation of the area which has been going on since the 1990s. Much of this has centred around the seizing of Palestinian property by the El Ad organisation and the undermining of the Palestinian community through archaeological excavations  carried out by the same organisation with the complicity of the Israeli National Parks Authority and the Israeli antiquities Authority (read more about El Ad and the excavations here).

During the 1990s the Israeli state and the Jewish National Fund gave one third of the land of Wadi Hilweh to El Ad. Since then settlers have moved in and El Ad has used a series of dirty tricks to acquire more and more properties in Wadi Hilweh. At the same time Palestinian homes are subject to demolitions under planning regulations, such as the demolitions that took place on 2nd February 2013.

On Wednesday 23rd and Thursday 24th January 2012 Corporate Watch researchers photographed dozens of Pelco security cameras being used by the settlements in Silwan including those at the El Ad compound close to the ‘City of David’ Visitors Centre in Wadi Hilweh.

The cameras included those in use at the Tirah House settlement, a Palestinian home occupied by Israeli settlers.

Pelco is a manufacturer and supplier of security cameras based in Clovis, California. The company has 2,200 employees worldwide and resellers in 130 coutries.

PIC_1096Since 2007 Pelco has been part of Schneider-Electric, a French multinational company headquartered in Rueil-Malmaison. Schneider-Electric has 130,000 employees and 2011 sales totaling 22.4 billion Euros. It operates in 190 countries.

Schneider-Electric is one of the only companies to have shown interest in the joint French-Palestinian Authority (PA) industrial zone in Bethlehem, the Bethlehem Multidisciplinary Industrial Park. It seems the PA have chosen poor partners for its flagship industrial zone.

Schneider-Electrics global operations are listed here

To contact Pelco click here

For more information on Silwan click here.

Photos taken by Corporate Watch researchers

February 10, 2013 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Full Spectrum Dominance, Illegal Occupation | , , , , , , , , , | Leave a comment