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Government Spying: Should We Be Shocked?

By Ron Paul | June 9, 2013

Last week we saw dramatic new evidence of illegal government surveillance of our telephone calls, and of the National Security Agency’s deep penetration into American companies such as Facebook and Microsoft to spy on us. The media seemed shocked.

Many of us are not so surprised.

Some of us were arguing back in 2001 with the introduction of the so-called PATRIOT Act that it would pave the way for massive US government surveillance—not targeting terrorists but rather aimed against American citizens. We were told we must accept this temporary measure to provide government the tools to catch those responsible for 9/11. That was nearly twelve years and at least four wars ago.

We should know by now that when it comes to government power-grabs, we never go back to the status quo even when the “crisis” has passed. That part of our freedom and civil liberties once lost is never regained. How many times did the PATRIOT Act need renewed? How many times did FISA authority need expanded? Why did we have to pass a law to grant immunity to companies who hand over our personal information to the government?

It was all a build-up of the government’s capacity to monitor us.

The reaction of some in Congress and the Administration to last week’s leak was predictable. Knee-jerk defenders of the police state such as Senator Lindsey Graham declared that he was “glad” the government was collecting Verizon phone records—including his own—because the government needs to know what the enemy is up to. Those who take an oath to defend the Constitution from its enemies both foreign and domestic should worry about such statements.

House Intelligence Committee Chairman Mike Rogers tells us of the tremendous benefits of this Big Brother-like program. He promises us that domestic terrorism plots were thwarted, but he cannot tell us about them because they are classified. I am a bit skeptical, however. In April, the New York Times reported that most of these domestic plots were actually elaborate sting operations developed and pushed by the FBI. According to the Times report, “of the 22 most frightening plans for attacks since 9/11 on American soil, 14 were developed in sting operations.”

Even if Chairman Rogers is right, though, and the program caught someone up to no good, we have to ask ourselves whether even such a result justifies trashing the Constitution. Here is what I said on the floor of the House when the PATRIOT Act was up for renewal back in 2011:

“If you want to be perfectly safe from child abuse and wife beating, the government could put a camera in every one of our houses and our bedrooms, and maybe there would be somebody made safer this way, but what would you be giving up? Perfect safety is not the purpose of government. What we want from government is to enforce the law to protect our liberties.”

What most undermines the claims of the Administration and its defenders about this surveillance program is the process itself. First the government listens in on all of our telephone calls without a warrant and then if it finds something it goes to a FISA court and gets an illegal approval for what it has already done! This turns the rule of law and due process on its head.

The government does not need to know more about what we are doing. We need to know more about what the government is doing. We need to turn the cameras on the police and on the government, not the other way around. We should be thankful for writers like Glenn Greenwald, who broke last week’s story, for taking risks to let us know what the government is doing. There are calls for the persecution of Greenwald and the other whistle-blowers and reporters. They should be defended, as their work defends our freedom.

June 9, 2013 Posted by | Civil Liberties, False Flag Terrorism, Full Spectrum Dominance, Timeless or most popular | , , , , , , | Leave a comment

President Foreshadows New Internet Surveillance Proposal During National Security Speech

By Trevor Timm | EFF | May 30, 2013

President Obama gave an influential speech on counter terrorism and national security policy last week, and while much of the media coverage discussed the President’s remarks on Guantanamo prison and drone strikes, buried in the speech was a line just as critical to civil liberties online.

Half way through the speech, Obama said he wanted to “review […] the authorities of law enforcement, so we can intercept new types of communication, and build in privacy protections to prevent abuse.”

We certainly agree with the president, we need new privacy protections for our digital communications, and it’s encouraging to hear him suggest support for such proposals. After all, we know that the vast surveillance authorities have given to law enforcement over the last decade—like the Patriot Act, FISA Amendments Act, and National Security Letters—have been serially abused. Unfortunately, President Obama has actively defended these laws and policies in Congress and the courts, despite promising to reform them as a candidate.

There are still many measures his administration could support in the coming months to protect American’s communications. The White House could formally support reform of the Electronic Communications Privacy Act, which still says law enforcement agencies do not need warrants to obtain emails over 180 days old. The White House could come out in favor of warrant protection for cell-phone location information since it’s requested by authorities literally millions of times a year without a warrant. In the wake of the Associated Press scandal, Obama could also support a bill to require a court order for call records of all Americans.

But the first half of Obama’s statement—about “review […] the authorities of law enforcement, so we can intercept new types of communication”—is quite troubling. The line is likely an allusion to CALEA II, a dangerous proposal the New York Times has reported the administration “is on the verge of backing.” The measure would force companies like Google and Facebook to install backdoors in all of their products to facilitate law-enforcement access, putting both our privacy and security at risk.

Law enforcement certainly doesn’t need more legal authorities to conduct digital surveillance. As mentioned above, Congress has already been provided a huge amount of new surveillance authority that has been abused. As former White House Chief Counselor for Privacy Peter Swire said in 2011, “today [is] a golden age for surveillance.”

Indeed, it seems that law enforcement is working at cross-purposes with folks concerned about actual cybersecurity. Just a few months ago in his State of the Union address, Obama himself talked about hackers who “steal people’s identities and infiltrate private e-mail” and  “foreign countries and companies [that] swipe our corporate secrets.” Requiring real-time back doors into all of our communications would make those kinds of attacks easier. Recently, a group of more than a dozen of the nation’s best cybersecurity experts published a paper explaining why such a proposal would be a disaster for Internet security, giving hackers all over the world a central point of vulnerability to target.

And of course the FBI has still failed to put forth any evidence showing a bill to “intercept new kinds of communications” is needed at all. According to government statistics, from 2006-2010, the FBI has been ultimately thwarted by encryption zero times in their criminal investigations.

Citing privacy concerns, the White House commendably has threatened to veto CISPA, the cybersecurity bill. It should also jettison this ill-conceived CALEA II proposal in favor of privacy and security.

Email and call the White House today to tell them you oppose any plan to make Internet companies build government backdoors into your communications.

May 31, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite | , , , , , | Leave a comment

How Europe’s Fight with Google Over Privacy Ignores Real Privacy

By Alfredo Lopez | This Can’t Be Happening | April 10, 2013

Last week the governments of France, Germany, Italy, the Netherlands, Spain, and the United Kingdom fired a warning shot at Google and it appears they’re reloading the gun with real ammunition.

This past December, about a year after the Internet behemoth announced a new privacy policy, a working group of representatives from these countries called the policy grossly abusive of people’s privacy and said Google had four months to bring itself into compliance with European law. Google dismissed the ultimatum: “Our privacy policy,” it said, “respects European law and allows us to create simpler, more effective services.” The European countries response was that they will take actions, based on their national laws and in coodination with each other, by the Fall.

These government/corporation tiffs are frequent and their rhetorical fire normally turns into quickly dissipated smoke. This one could be different. It comes at a time when the world’s powerful are trying to decide how much privacy we people will have and what the term privacy actually means, and this squabble’s outcome will affect that and, of course, our freedom. That alone makes it worth watching.

But there’s something deeper here that transcends this conflict. Privacy is, in fact, a core component of democracy and any infringement on complete privacy is an obscene attack on the possibility of having a free and democratic society. As important as the outcome of this show-down might be, the most important and frightening development is that it’s taking place at all.

The political shoot-out began a year ago when Google announced that it was unifying about 60 privacy policy agreements, covering its myriad services, into one big one. The company explained that lumping together these “agreements” (the things you’re asked to read before pressing the “I Accept” button on a website) was a matter of efficiency and transparency. There’s a logic to that: how many privacy policies have you read on the Internet? One would assume that if you don’t read one, you can hardly be expected to read 60.

That, however, is a corporate shell game. Google made this move not to make our reading easier but to make gathering information about us more efficient. Google is a marketing company and nothing makes a marketing company more powerful and valuable to advertisers than having pertinent information on hundreds of millions of people all over the world. Its privacy policy is fitted to that purpose. It says that, once you sign up and begin using these services as an identified user, you give up that right of refusal. So, because people don’t read that privacy policy, they don’t realize that it effectively eliminates their privacy.

For a very long time, Google has known who uses each of its services and how, but now it knows which combination of services you use and how they interact with each other in your daily life. It also knows cities or towns of residence (and, in many cases, addresses) of its registered users, the IP addresses of their computers, their names (and often the names of their family members and friends), what they do on the Internet every day, what they buy and consider buying and, for those using Gmail, who they write to and what they write. It can hone in a your specific physical location with Goodgle Maps and will store that info if you map it. In fact, all this info is stored on Google’s databases with members’ tacit approval and Google’s complete understanding of what all this means.

“If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place,” Google CEO Eric Schmidt said in 2009. “If you really need that kind of privacy, the reality is that search engines — including Google — do retain this information for some time and it’s important, for example, that we are all subject in the United States to the Patriot Act and it is possible that all that information could be made available to the authorities.”

The information Google holds rivals and in some cases surpasses the information most governments have on their own citizens. So when Google released this new policy which permits it to combine that information and use it for evaluation, marketing and advertising, these governments commissioned France’s CNIL to investigate.

That selection, in itself, is striking. The CNIL is an independent, government-supported authority that specializes in data privacy law enforcement. France has among the strongest data collection restrictions in the world and, while CNIL has often been criticized by advocates for being too sheepish in its advocacy, data protection “sheepishness” in France would be considered ferocity in many other countries.

Like a trained bulldog, CNIL investigated all the Google data policies for nine months and then presented its report. It was devastating, accusing Google of policies and mechanisms that effectively violate privacy laws in most European countries. Based on that report, 24 of the EU’s 27 data regulators wrote Google a letter last December proposing about a dozen changes: among them that Google shouldn’t collect information on users without their consent, combine information from different services without additional consent or use the data it collects for advertising.

The four months passed. “Google did not provide any precise and effective answers,” CNIL said last week. “In this context, the EU data protection authorities are committed to act and continue their investigations. Therefore, they propose to set up a working group, led by the CNIL, in order to coordinate their reaction, which should take place before summer.”

In the diplomatic jargon of international regulation, those are fighting words. “Coordinate their reaction” is something the European Union’s countries seldom do (witness their financial crisis) and they almost never make threats around technology. Action against Google in Europe could affect the company’s relationship with one of its largest markets and a critical marketing link in the world-wide chain that is the Internet. Google could be crippled. That’s what that statement threatens.

But let’s not kid ourselves. A capitalist government, like those in Europe, has a system to protect and, to do the protecting, its police agencies routinely use data collected on the Internet about its citizens. As Google’s Schmidt put it in 2010: “In a world of asynchronous threats it is too dangerous for there not to be some way to identify you. We need a [verified] name service for people. Governments will demand it.”

So the issue here isn’t really how to protect people’s privacy; it’s how to balance the various approaches to impinging on it. Google says it needs information about you to match its marketing to what you buy; governments say they need information about you to monitor and control what you do the rest of the time. They’re trying to work out how these two approaches to information gathering can co-exist and not conflict with each other.

If, for example, a particular policy draws too much public attention to this issue or provokes a large lawsuit or gets people asking why their government isn’t — or is — doing something, that’s a problem. The government will then find its own privacy policies in the spotlight. That’s only one way this balance can become unbalanced, but in any case balance is the issue being disputed. There is really no debate about whether or not you have a right to privacy on the Internet. As far as both sides are concerned, you don’t, and both sides are most pleased if you’re not paying much attention to that fact.

It’s persistently perplexing how little most people care about this issue. Even many of the most politically conscious will often just shrug and say “there’s nothing that can be done about it”. After decades of increasing surveillance (oiled by a government-encouraged paranoia about terrorism) we expect the powerful of our society to know everything about us and, apparently, most of us can live with that. Some of us appear to think we can’t live without it.

But that battering of our democratic consciousness has not only lowered our guard against violations of our privacy; it has actually fostered a distorted understanding of what privacy actually is. Or better put: it’s convinced many of us that a small part of the privacy debate is the entire debate.

For purposes of the Internet, privacy is your ability to communicate with other people excluding anyone you want from that conversation and your ability to say what you want to those people (and listen to what they have to say) excluding people you don’t want listening.

Sure, what you say to your family or which websites you visit or what you consider buying on the Internet should, in a sane society, be your business and taking a snapshot of all this is a horrible personal violation. But the more dangerous violation is that, in establishing the means to eavesdrop on your life and honing the ability to store and analyze that information, powerful forces are systematically limiting what the Internet can be about.

What humanity created as a tool of freedom and, in many cases, struggle has been taken over by corporations and governments wielding lawsuits, imprisonment and largely unnoticed anti-freedom laws to pervert its original intent.

“When the Internet began… it was seen largely as a non-commercial oasis,” free-speech advocate and writer Robert McChesney told Democracy Now in a recent interview. “It was a place where people could go and be equal and be empowered as citizens to take on concentrated economic and political power, to battle propaganda… And there was no surveillance. People could do what they wanted and not be tracked.

“What’s been taking place… is that on a number of different fronts, extraordinarily large, monopolistic corporations have emerged: AT&T, Verizon, Comcast, at the access level; Google, Facebook, Apple, Amazon, at the application and use level. And these firms have changed the nature of the Internet dramatically… (and) they work closely with the government and the national security state and the military. They really walk hand in hand collecting this information, monitoring people, in ways that by all democratic theory are inimical to a free society.”

“Privacy” isn’t primarily individual and privacy laws aren’t in place only to address individual activities. In fact, you can’t be individually private on the Internet because then you wouldn’t be using the Internet. The privacy laws are there to make sure people can function in our exercise of free speech, exchange of information and association. They are, and always have been, a way to protect us from government inquiry and inquisition. Those laws that say a cop can’t just walk into your house and search it without a warrant or question you and those with you or keep close tabs on everything you do and who you do it with — those are privacy laws. They protect our collaborative activity from
government repression.

That collaborative activity is what the Internet has deepened and broadened. It lets us communicate with people all over the world involved in activities emanating from issues and concerns similar to ours. It lets people who are fighting for their rights in a country where such activity can get you jailed or killed talk to people world-wide who can support them. It permits coordination of struggles going on in vastly different environments in far-away countries. It cuts through our media’s lies about other countries with solid truth we learn from people in those countries. It helps unify us and helps us support each other in a rapid, almost immediate, way.

It’s what humanity needs and it’s the reason why the Internet now reaches two billion people.

But if the privacy is taken away, if a government or a corporation can read your email or follow you around as you visit and use websites, your use of the Internet for its most important political purpose becomes stored information that can be used to oppose and repress you.

Privacy, viewed that way, is the litmus test of a free environment. In that context, Google is a monster and the governments that are challenging it on such restricted grounds aren’t much better.

Yes, the progressive response to the European initiative on Google privacy should be to encourage it but with an understanding of its pitfalls and a loud outcry about them. Even if Europe has its way, the outcome will still be an erosion of our privacy and a further empowerment of those who would, in some situations, repress our movements for change.

So right now, those of us who are truly concerned about the future of this society and the world, need to place Internet privacy among our most prominent issues.

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

Detention and Torture

Obama’s Plan for Indefinite Detentions

By JENNIFER VAN BERGEN and DOUGLAS VALENTINE | December 30, 2010

Author’s Note: With the news of President Obama’s plan to make indefinite detentions a permanent feature of our legal landscape, we thought it apropos to re-publish an updated, edited excerpt from a law review article we wrote in 2006 THE DANGEROUS WORLD OF INDEFINITE DETENTIONS: VIETNAM TO ABU GHRAIB.

Where you find administrative detentions, you are likely to find torture. This connection exists even where it is clear that investigations and screenings leading to such detentions are, as Alberto Gonzales put it, “not haphazard, but elaborate, and careful . . . reasoned and deliberate.”

This reason is simple and can be traced to the elements of administrative detention itself: the absence of human rights safeguards and normal legal guarantees such as due process, habeas corpus, fair trial, confidential legal counsel, and judicial review; vague and confusing definitions, standards, and procedures; inadequate adversarial procedural oversight; excessive Executive Branch power stemming from prolonged emergencies; and the involvement of the Central Intelligence Agency, or other secret, thus unaccountable, Executive Branch agencies.

Without such protections, justice does not work and human rights are jeopardized. As William F. Schultz, Executive Director of Amnesty International, put it:

“[W]e are witnessing not just a series of brutal but fundamentally independent human rights violations committed by disparate governments around the globe. [W]e are witnessing something far more fundamental and far more dangerous. [W]e are witnessing the orchestrated destruction by the United States of the very basis, the fragile scaffolding, upon which international human rights have been built, painstakingly, bit by bit by bit, since the end of World War II.”

This is a remarkable statement that was originally made about the Bush Administration, but it applies equally as well now to the Obama Administration. The system was intentionally broken by the Bush Administration, just as it was by the Johnson and Nixon Administrations during the Vietnam War. And now Obama plans to sanctify this wrong and make it a permanent feature of American law.

Obama’s indefinite detention follows, at least in idea, the precedent set by and codified in the PATRIOT Act, enacted six weeks after 9/11. Section 412, which is still on the books, provides for the “mandatory detention of suspected terrorists.” This section nowhere refers to the detentions as “administrative detentions,” which result from administrative (that is, Executive Branch), not judicial, determinations. Yet this is exactly what they are. And they have been used before. The U.S. government’s internment of Japanese immigrants during the Second World War is perhaps the most recognizable example.

Section 412(a) authorizes the Attorney General to take into custody any alien whom he certifies as a terrorist. The alien may be detained indefinitely, in renewable periods of six months, as long as the Attorney General determines that he is a threat to national security, or endangers some individual or the general public.

In addition to PATRIOT Act detentions, the November 2001 Authorization to Use Military Force (AUMF), which preceded the PATRIOT Act, has been used by the DOJ to justify administrative detentions.

Scholars have raised concerns about the PATRIOT Act detention provisions, as well as detentions under AUMF, which allow the Secretary of Defense to detain designated alien terrorist suspects without the restrictions that Section 412 contains. Additionally, military detentions of U.S. citizens Yaser Esam Hamdi, Jose Padilla, and Ali Saleh Kahlah al-Marri have raised concerns. President Bush, citing his power as Commander-in-Chief and the laws of war, unilaterally declared these individuals “unlawful enemy combatants” subject to indefinite detention without trial or access to an attorney and without providing for a status determination hearing by a competent tribunal, which is required by the Geneva Conventions. The central concern raised by qualified legal observers about these detentions generally involves the important issues of due process and other constitutional and/or human rights guarantees.

Administrative detentions — sometimes called preventive detentions — are, by definition and practice, sought only during “national emergencies.” The emergency is the rationale for depriving suspected terrorists of adequate due process or human rights safeguards. A declaration of a national emergency is generally made unilaterally by the President and, once declared, the administrative detention laws may stay on the books for decades. This is one of the primary reasons why they are so dangerous, for without any Congressional determination of the beginning or end of hostilities, these inherently anti-democratic laws may be used for purposes of political repression.

However, few legal scholars or government officials have discussed the historically established connection between administrative detentions and torture. The subject only came into public consciousness with the revelation that U.S. soldiers were torturing terrorist suspects at Abu Ghraib Prison in Iraq, Bagram Airbase in Afghanistan, and the detention facilities at the U.S. Naval Base in Guantanamo, Cuba. Since then, American and foreign journalists and human rights activists began to raise suspicions, subsequently borne out, that U.S. soldiers and CIA officers were routinely torturing terrorist suspects at numerous detention centers around the world. Nonetheless, to date, nothing has been done to ameliorate concerns about these detentions.

The conjoining of administrative detentions and torture is sadly by no means new to U.S. Government policies and practices. Specifically, during the Vietnam War, the United States engaged in a massive program of indefinite administrative detentions in South Vietnam of persons considered “dangerous to the national security” that engendered widespread torture and deaths of terrorist suspects.

There are many similarities between the Vietnam detentions and those used in the War on Terror, and those similarities are found not only within the procedures themselves but in the rationales for and policies behind them and even in the conditions of fear that created them.The Vietnam detention procedures provide a clear and compelling flow chart of the web of connections between administrative detentions, intelligence laws, national security courts (i.e. courts intended to deal exclusively with national security concerns), violations of international law (particularly the Geneva Conventions), and torture. These components now also appear in U.S. law and policies in the War on Terror and are continued, codified, and sanctified in Obama’s intended executive order.

One would have thought that a nation which was in large part responsible for the rescue of tens of thousands of Concentration Camp survivors and was a judicial participant in one of the most significant war crimes tribunals in history, the Nuremburg trials, would know better. How American officials could justify the detention camps in Vietnam, knowing about the torture and murders of innocents in them, after having witnessed Hitler’s internment camps and learned of the horrors he perpetrated in them, is an unanswered question. But, after the revelations of Vietnam — which all came out in congressional hearings in 1971 that led to both the repeal of the EDA and ultimately by degrees to “reforms” of the CIA’s Phoenix Program, contributing to the end of that protracted War, — Section 412 of the PATRIOT Act, Bush’s Military Commissions and unlawful enemy combatant designations, and now, Obama’s executive order establishing permanent indefinite detention are inexcusable.

For the full law review article, click here.

Jennifer Van Bergen, J.D., M.S.I.E., is the founder of the 12th Generation Institute, and author of THE TWILIGHT OF DEMOCRACY: THE BUSH PLAN FOR AMERICA (Common Courage Press, 2004) and Archetypes for Writers: Using the Power of Your Subconscious (Michael Weise Productions, 2007). She is currently working under contract with Bucknell University Press on a biography of Leonora Sansay, an early American novelist who was involved in the Aaron Burr Conspiracy, and on a screenplay about the conspiracy. She can be reached at jennifer.vanbergen@gmail.com.

Douglas Valentine is the author of numerous articles and five books: THE HOTEL TACLOBAN (1984), THE PHOENIX PROGRAM (1990), TDY (2000), THE STRENGTH OF THE WOLF (2004), and THE STRENGTH OF THE PACK (2009) (the latter two are histories of federal drug law enforcement). See: http://www.douglasvalentine.com/.

Source

December 30, 2010 Posted by | Civil Liberties, Progressive Hypocrite, Subjugation - Torture | , , , , , , | 1 Comment

Testing the Limits of Freedom of Speech: Ernst Zundel Speaks Out

An exclusive interview with one of Europe’s most well-known political prisoners

By Kourosh Ziabari | Foreign Policy Journal | April 30, 2010

Ernst Zundel is a German author and historian who has spent seven years of his life behind bars as a result of expressing his controversial viewpoints and opinions. He is a revisionist who has denied the Holocaust as described by most historians. He has been one of the most prominent political prisoners in Europe and has been jailed in three countries on two continents.

After his arrest in the U.S. in 2003, he was deported to Canada, where he was kept in prison as “a threat to the national security” for two years. After deportation to Germany in March 2005, he was convicted and sentenced in 2007 to five additional years of imprisonment on charges of holocaust denial.  He was finally released on March 1, 2010.

This is the first interview Ernst Zundel has given since his release.

Firstly, I would like to extend my congratulations on your recent release. Were you ever mistreated or subject to any type of mental or physical punishment in breach of international conventions?

My entire treatment these past seven years by those arresting me, trying and convicting me, and keeping me in prison has been in brutal breach of international conventions.  I was arrested in broad daylight on American soil by officials of the U.S. government who acted as hit squads for a nefarious lobby. There was no arrest warrant. I was not read my rights. I was whisked away in handcuffs without being allowed to get my wallet, to call my attorney, to be allowed to make my case before an American Immigration Judge or even hug my wife goodbye.

I was incarcerated in six different prisons on two continents in three countries—the USA, Canada, and Germany—without relief of any kind. In effect, I have had 10 percent of my life stolen from me – and for what “crime”? For having “overstayed my U.S. visa”?

Throughout my imprisonment, basic human rights principles were trampled underfoot repeatedly and with impunity. The worst prisons were the Canadian detention centers at Thorold, Ontario and at Toronto West, where I was held for two long years in isolation cells, ice-cold in the winter, no shoes or socks allowed. The electric light in these cells, bright enough to be able to read, was kept on 24 hours a day. Through a glass slot in the door I was checked every 20 minutes, and my activities were meticulously noted by the guards: one sheet for every day.  No dignity, no privacy. My toothbrush was kept in a plastic bin in a hall. I was not allowed to speak to other prisoners. Bed sheets were changed only after three months. No pillows. No chairs. When I wrote to my wife or to my attorneys, I had to sit on a makeshift pile of my court transcripts. No radio, no television, not even an electrical outlet to sharpen my pencils. No ball point pens, only pencil stubs, cut in half with a saw. No spoons, forks, or knives were permitted; only a white plastic spoon with a fork called a “spork” that had to be returned every time at the end of the meal. With very few exceptions when furtive guards showed me some kindness away from the surveillance cameras, I was treated as though I was the worst of criminals. That’s Canada for you, where I have lived and worked without a criminal record for more than 40 years.

It was somewhat better, but not much, in the United States. In Germany, it was quite a bit better in terms of the basic necessities, but personal mail was routinely withheld – 1,700 letters for up to five years – even after I forced a court to order that it be given to me. My so-called trial in Mannheim was a political show trial in the Stalinist mode in that my guilt was a foregone conclusion. I requested that exculpatory exhibits be allowed as validation for what I believed and had written and said. No meaningful defense was allowed. I could not put on record any forensic evidence, any historical documents, or even expert witnesses, That very request to be allowed to offer evidence was held to be a new offense of criminal behavior and could have resulted in new criminal charges – as were, in fact, lodged against my lawyers during that very trial who tried to overcome these restrictions.

Along with the rest of EU members, Germany regularly criticizes other countries for violations of free speech and human rights. However, your case demonstrated the emptiness of such claims within Europe. What’s your take on that? Is Europe really a utopia of liberty and freedom of speech?

Most European countries have only selected free speech for officially approved and sanctioned views on history. Almost all EU countries have laws in place that restrict freedom of speech under the guise of one fig leaf or other, such as the prevention of racist or neo-Nazi activities. The state decides selectively who is and what is racist.  These laws are hypocritical, in Germany’s case superseding even their own Basic Law.

Dissidents are allowed very little opportunity to be read or heard in the mainstream corporate media channels of the West. The control mechanisms of the press are many, often subtle but widely understood and obeyed – fear of loss of jobs, diminished circulation, the withholding of government advertisements etc. There is no longer unrestricted freedom in any Western country, not even in the U.S. with its wonderful Constitution and Amendments such as the Bill of Rights.

Allow me here to point out to your readers the outline of a censorship practice known by its neutral term “rendition”, but more honestly defined as political kidnappings to force the silencing of dissident speech or alternate thoughts.  Renditions in the West are ever more frequently practiced not only against alleged “terrorist suspects” but against ordinary political activists and writers whose viewpoints are frowned upon by such outfits as AIPAC and similar Zionist lobby and interest groups, B’nai Brith, the Canadian Jewish Congress etc.

In order to spell out what I can only describe to you in broad strokes, I’d like to briefly shed light on the period preceding my arrest in the U.S. and Canada, the conniving and the similarity in other cases like mine, where an innocuous or alleged infraction is used as a fig leaf to silence a political opponent.

Viet Dinh, a Georgetown University law professor and director of their Asian Law and Policy Studies Program who helped craft the Patriot Act, put it succinctly, as reported in an American publication called Wired that deals with freedom of speech on the net. That interview reads:

Wired News: An estimated 5,000 people have been subjected to detention since 9/11. Of those, only five — three non-citizens and two citizens — were charged with terrorism-related crimes and one was convicted. How do we justify such broad-sweeping legislation that has resulted in very few terrorist-related convictions?

Dinh: I’ve heard the 5,000 number. The official numbers released from the Department of Justice indicate approximately 500 persons have been charged with immigration violations and have been deported who have been of interest to the 9/11 investigation.

It may well be that a number of citizens were not charged with terrorism-related crimes, but they need not be. Where the department has suspected people of terrorism, it will prosecute those persons for other violations of law, rather than wait for a terrorist conspiracy to fully develop and risk the potential that that conspiracy will be missed and thereby sacrificing innocent American lives in the process.

This is exactly what happened to me. The initial reason given was an alleged immigration infraction – namely a “visa overstay”. I was no terrorist; I was a dissident writer. My political detractors knew perfectly well that I was in America legally, awaiting adjustment of status due to my marriage to an American citizen. I was in Immigration Adjustment of Status proceedings, meticulously following all the prerequisite steps. I was living openly in a rural area in Tennessee and was listed by address in the local telephone book. The U.S. government had given me a Social Security number, a work permit, a document that allowed me to leave the country and return unmolested. I had undergone and passed an FBI check and a health clearance.  The only last step missing was a personal interview by an immigration official to ascertain a valid marriage to my American citizen wife.

We had been notified in writing that this interview could take as long as three years, and that no status report would be given. We were patiently waiting for that last step, a routine interview with an immigration official. Our immigration attorney had requested such an interview in writing – twice!  Under oath, he testified that he had written those letters.  These letters have mysteriously disappeared from our immigration file.  When I was arrested, it was claimed that I had negligently “missed a hearing” which gave them grounds for an arrest due to a visa overstay. In other words, a simple bureaucratic loophole was found or fabricated that has cost me seven years of my life.

What happened to me in the context of a deliberate state policy of deception has also happened to others.  Similar ruses via false accusations were used in cases like Germar Rudolf, likewise married to an American citizen, El Masri of Germany, Maher Arar of Canada, Gerd Honsik of Spain, Siegfried Verbeke of Belgium, David Irving, and now Bishop Williamson of England, to name only a few individuals who were caught between the grind stones of a criminal policy possible only under the Patriot Act in the U.S. and similar legal instruments in other countries. Embedded in that background of a widespread covert policy and practice to force political conformity, my case makes eminent sense. We are no longer dealing with an aberration. These extrajudicial renditions give 9/11 and the Patriot Act a new light as a global policy instrument of brutal censorship of unpopular thinkers and writers.

The thrust of a prestigious publication such as yours would normally deal with the policies of foreign governments, renditions, kidnappings, and incarcerations not only of foreign enemies but, as in the case of Vanunu, an Israeli-born- and-raised atomic scientist. He was no neo-Nazi, no racist, no Holocaust Denier, yet he was relentlessly pursued by the Mossad and ultimately kidnapped and jailed for 18 years.

The patterns of the breaking of international law and conventions, the use of false identities, and the brazen practice of breaking and entering by spy and intelligence agencies, etc. – these criminal activities are daily in the news. This sets the stage and makes my case a logical progression of an old, established policy, with this one difference: we are no longer talking about hunting and kidnapping alleged “Nazi war criminals” like Eichmann or stone-throwing Palestinians or even “Arab terrorists”, but instead the targeting of writers and other political dissidents in Western countries calling themselves “democracies”.

My story does not even end there. In my case, my “Holocaust Denier” profile was convenient, but passé. It was not even, as is so commonly and falsely claimed, “Denial of the Holocaust” or even more bizarre, my “visa overstay”!  I was told what actually happened by a friend of ours with high-level UN connections. In his own words: “It was the Blue Booklet that did it! That’s when it was decided at the very highest level to take you out for good!”

Here is what happened, briefly: In the early months post-9/11 my wife, an avid Internetter, discovered a compelling research document entitled Stranger than Fiction: An Independent Investigation of 9/11 and the War on Terrorism by Anonymous, 11-11-2. She gave it to me over breakfast. I read it, found it interesting, and ran a few copies off on my printer for people on my mailing list. I did not write that lavishly footnoted paper. I did not research it. I merely copied it.  Somebody must have concluded that I, with my background of thorough forensic investigations in other areas, showed more than ordinary interest in 9/11 as a potential political false flag common in intelligence agency operations!

During my trial in Mannheim, ostensibly for “Holocaust Denial”, portions of my monthly newsletter, where I mentioned this booklet and the 9/11 topic, were referenced by the prosecution as criminal offenses. Only after it became clear that I welcomed the opportunity to have my attorneys present forensic evidence of a potential 9/11 cover-up were those portions of the accusation against me hastily dropped, and my trial became a “Holocaust Denial” show trial in the traditional Stalinist mode, “… accuse wildly but don’t allow a defense!”

As we later found out through various freedom of information requests in various countries, there was in place for years a deliberate, convoluted plan to arrest and detain me under false pretenses so as to take me out and put me behind bars.

I mention this only as an overarching, logical example as to how diabolically clever my political opponents are in using the accusation of “Holocaust Denial” and persecution of Holocaust Revisionists as arrows in their arsenal of weaponry to shore up, consolidate, and protect their deceptively acquired power and influence.

What’s the reality behind Holocaust? Didn’t it happen at all? What about people such as Elie Wiesel, Thomas Blatt, Wladyslaw Bartoszewski and Leopold Engleitner who are Holocaust survivors and describe their own accounts of those painful days, when they personally witnessed the heart-rending demise of their parents in concentration camps and bone-crushing machines. How should we resolve these contradictions?

I will not answer this question.  I would risk five more years in jail if I answered these questions honestly and truthfully. However, in the age of the Internet, others less known than I am find ways to simplify a painful, multifaceted problem, as the cartoon below makes plain:

Many people of other countries have come to the categorical conclusion that the Western world is a beacon of liberty and unrestricted freedom of speech. But it sometimes seems that the reality is something else, and that people can be easily prosecuted merely for publishing views that are disliked. The booklet you published, Did Six Million Really Die?, is an example. What do you think?

Here is just one more example of what I already outlined above: We have faxes and other documents that prove on official embassy letterhead that the much vaunted and propagandized U.S. Judiciary has run interference for these kidnappers and renditioners via behind-the-scenes ex parte communication, thus engaging in a cover-up and whitewash worse than the ones practiced by those the U.S. government always blames for human rights violations in their hypocritical press campaigns, like against China in Tibet, Lukashenko in Belarus, Putin in Moscow and, of course, Iran during the recent so-called Green Revolution.

Many Zionist websites have introduced you as a white supremacist. Is that a fair characterization?

This claim is a convenient character assassination technique. I have never been a white supremacist and have stated so for decades, publicly, in countless interviews, newsletters, speeches, broadcasts, etc. It is my opponents’ modus operandi to broad-brush complex issues by politically expedient demonization.

You’re opposed to the regime of Israel because of its discriminatory and atrocious approach against the nation of Palestine. You consider yourself a pacifist who advocates stability and peace; aren’t these beliefs incompatible with your viewpoint regarding Hitler, who is internationally considered to be a notorious dictator and relentless killer? How can your peace-seeking stance come together with your approval of Hitler?

I cannot answer this question due to legal restraints.  An honest and complete answer would land me in jail as a re-offender very quickly. Implicit in your question is the toxic image of me that my detractors would like you to have.  To be called a Nazi is worse than being called a leper. For decades I have been on the receiving end of just such a targeted character assassination campaign. I have been jailed many times not for advocating an ideology but for expressing a dissident, alternative viewpoint on many topics, including Adolf Hitler’s role in history.  Revisionism is not an ideology.  It is merely a scientific method of re-examining historical events and of trying to understand the movers and shakers who made history a footnote to their personalities.

Let me answer your question this way:  I have always abhorred any kind of violence in the pursuit of political goals.  By anyone! Politically, I was and am a pacifist, much in the Gandhi style. I advocate a sober, neutral look at history, including the period known as the Third Reich. The peoples of the world, regardless of what system of government they live under, owe it to themselves to emancipate themselves of the simplistic images of propaganda and deceit posing as history.

On May 1995, your Toronto residence was the target of an arson attack which resulted in $400,000 worth of damage. A few days later, some of your extremist opponents were caught trying to break into your property. Again a few days later, you received a parcel bomb which the Toronto police detonated. Have you ever tried to lodge a complaint against them? Have they ever been lawfully sentenced?

This is the flip side of some of the questions above. While I have never advocated or engaged in violence, egregious acts of violence have been repeatedly practiced on me, of which the political kidnapping in 2003 was merely the latest. As to the fire and the bomb, no, nothing was ever resolved. The police apprehended the bomb builders and senders, but the charges laid were stayed. There seems to have been no political will at the highest levels of the Canadian government. There was no political coin to be garnered by prosecuting Jewish arsonists, who even confessed to the deed.

Do you differentiate between the Zionists  and Jews as the followers of a divine, monotheistic religion?

Yes, the two are totally different. Some Orthodox Jews who are united against Zionism, such as the Neturei Karta, believe that also. They know the godfathers of Communism and Zionism followed identical policies. The guiding spirit behind the two systems is the same. Neturei Karta rabbis attended the 2006 Teheran Conference sponsored by your President in an attempt to distance themselves from what they consider to be a dangerous atheist clique in the pursuit of illegal politics of conquest of which they want no part.

The mainstream corporate media, while having already vilified you, remained silent about your release. What do you think about this? Are you going to continue your ideological path or would you prefer to keep a low profile and forget about the intellectual activities?

Ironically, that was exactly what I intended to do when I moved to Tennessee and married Ingrid; keeping a low profile and turning to private endeavors such as my love for art and music.  I felt that my revisionist outreach was finished, concluded to my inner satisfaction. Let others read both sides and then judge for themselves. All the arguments, all the information needed on the Holocaust is out there, on the Internet, in tens of thousands of websites, all for the taking. How often do you have to dig up an archeological site to find yet one more bone, yet one more implicating shard? My wife likes to say that you don’t have to eat a camel to know what a cutlet tastes like. I was quite ready to retire and satisfy my creative needs and desires. I could leave the political mopping-up activities for others to complete. But could my political opponents bring themselves, as rational people might have, to likewise call it quits? No; that is simply not in their nature.

As you point out so cogently, a powerful vilification campaign is still going full blast. It keeps my name in the media for people to decide for themselves who I am. Upon my release, my wife has collected thousands and thousands of letters from readers, only three of which were negative! Not a bad record, of the millions of dollars spent and millions of words dispersed in an attempt to paint me as as a devil with horns.

Let me ask you – would your prestigious publication have cared to interview me if you thought that I deserved the label of Evil Incarnate?

[Editor’s note: The views and beliefs of Ernst Zundel are his own, and not those of Foreign Policy Journal. It is the policy of FPJ to uphold the principle of freedom of speech, which means freedom to say things that others may find despicable. It is otherwise a meaningless principle. It is also the position of FPJ that both sides to a story deserve to be heard. It’s up to readers to draw their own conclusions and make their own judgments.]

Kourosh Ziabari is an Iranian media correspondent, freelance journalist and the author of Book 7+1. He is a contributing writer for websites and magazines in the Netherlands, Canada, Italy, Hong Kong, Bulgaria, South Korea, Belgium, Germany, the U.K. and the U.S. He is a member of Stony Brook University Publications’ editorial team and Media Left magazine’s board of editors, as well as a contributing editor for Finland’s Award-winning Ovi Magazine. As a young Iranian journalist, he has been interviewed and quoted by several mainstream mediums, including BBC World Service, PBS Media Shift, the Media Line network, Deutsch Financial Times, L.A. Times and Sky News. He is a contributing writer of Tehran Times newspaper. His articles and interviews have been translated into numerous languages, including Spanish, Italian, German and Arabic. Contact him at kourosh@foreignpolicyjournal.com. Read more articles by Kourosh Ziabari.

May 1, 2010 Posted by | Civil Liberties, Deception, False Flag Terrorism | , , , | 2 Comments