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US Congress approves extension of secret surveillance under FISA

RT | September 12, 2012

The House of Representatives voted Wednesday to extend the government’s power to warrantlessly wiretap Americans for another five years by reauthorizing the 2008 amendments to the Foreign Intelligence Surveillance Act.

Lawmakers in the House agreed from Washington, DC on Wednesday afternoon to reauthorize the Foreign Intelligence Surveillance Act’s Amendments Act of 2008 (FAA), a polarizing legislation that has been challenged by privacy advocates and civil liberties organizations alike around the country. The extension was approved by a vote of 301 to 118.

The Foreign Intelligence Surveillance Act was first signed into law in 1978 by President Jimmy Carter, but amendments added two decades later under the George W Bush administration provide for the government to conduct widespread and blanketing snooping of emails and phone calls of Americans. The FISA Amendments added in 2008, specifically section 702, specify that the government can eavesdrop on emails and phone calls sent from US citizens to persons reasonably suspected to be located abroad without ever requiring intelligence officials to receive a court order.

If the US Senate echoes the House’s extension of the act, the FAA will carry through for another five years until 2017, ensuring the federal intelligence community that they will be able to conduct surveillance on the correspondence of the country’s own citizens well into the future. If no action is taken, the FAA is slated to expire at the end of 2012.

Earlier this year, a plea from two US senators to see how many times the FAA has been used was refused by the National Security Administration. Last month, San Francisco’s Electronic Frontier Foundation filed a lawsuit against the US Justice Department for failing to adhere to Freedom of Information Act requests for documents pertaining to the program.

“The FISA Amendments Act (FAA) of 2008 gave the NSA expansive power to spy on Americans’ international email and telephone calls,” the EFF explained in an official statement made after the suit was filed. “However, last month, in a letter to Senator Ron Wyden, a government official publicly disclosed that the NSA’s surveillance had gone even further than what the law permits, with the Foreign Intelligence Surveillance Court (FISC) issuing at least one ruling calling the NSA’s actions unconstitutional.”

Sen. Wyden, a Democratic lawmaker from Oregon who has also sit on the Senate intelligence committee for several years, originally asked for Senate to place a hold on the vote this past June. This week, Sen. Wyden tells Reuters, “My hold is on and it will stay on,” although that plea does not apply to the House, however, where lawmakers appeared eager on Wednesday to power through the vote.

So determined were some lawmakers to proceed, in fact, that the rules of the debates preceding Wednesday’s vote called for no more than one hour of discussion before ballots were cast. Several congressmen, including lawmakers that planned to vote yes on the FAA extension regardless, proposed a two year extension as a compromise, but no new amendments were allowed to be tacked on before Wednesday’s vote.

Despite opposition on and off the Hill, the FAA has received praise from some of Washington’s most elite members of the government, including Attorney General Eric Holder and long-standing lawmaker Rep. Lamar Smith (R-TX), the sponsor of the FAA renewal who also infamously urged Congress to approve the since-defeated Stop Online Piracy Act, or SOPA, a broad and dangerous Internet legislation that threatened to reshape the Web as we know it.

In his address at Northwestern University School of Law this past March, Mr. Holder said section 702 of the FAA “ensures that the government has the flexibility and agility it needs to identify and to respond to terrorist and other foreign threats to our security,” but emphasized the fact that only persons thought to be outside the US — not Americans — can be targeted. When Sens. Wyden and Udall asked to know how often that snooping involved Americans at all, however, they were told by the NSA’s Inspector General that a “review of the sort suggested would itself violate the privacy of US persons.”

On his part, Sen. Wyden has written, “that if no one has even estimated how many Americans have had their communications collected under the FISA Amendments Act . . . Then it is possible that this number could be quite large.”

“Since all of the communications collected by the government under section 702 are collected without individual warrants, I believe that there should be clear rules prohibiting the government from searching through these communications in an effort to find the phone calls or emails of a particular American, unless the government has obtained a warrant or emergency authorization permitting surveillance of that American,” the lawmaker wrote in an official press release earlier this year.

Rep. Smith, the sponsor of both this bill and SOPA, has said, “We have a duty to ensure the intelligence community can gather the intelligence they need to protect our country.”

On Thursday, Rep. Smith claimed, “Foreign nations continue to spy on America to plot cyber-attacks and attempt to steal sensitive information from our military and private sector industries,” and that Congress has “a solemn responsibility to ensure that the intelligence community can gather the information” necessary to hinder these attempts.

Rep. Dan Lungren (R-California) added on Wednesday from the Hill that reauthorizing the FAA is “critical to the protection of the American people,” claiming that the United States, “as a nation had not done enough to connect the dots to warn us sufficiently to protect” against another terrorist attack on par with the ones that devastated America on September 11, 2001.

Rep. Trey Gowdy, a Republican congressman from South Carolina, also used the attack on the Twin Towers to justify the necessity of extending the FAA.
“If we could come together to remember 9/11, surely we can come together to prevent another one,” said Rep. Gowdy.

Opponents of the act, however, say that the attempts to do as such come at a cost too great for civil liberties.

“We’ve been told that we can’t even tell how many people are being subjected to this process located in the United States, and that we don’t know and they can’t tell us,” Rep. John Conyers (D-Michigan ) pleaded earlier this year in opposition to the act. “I think we can get a little bit closer. There can be some reasonableness. It’s this kind of vagueness that creates in those of us in the Congress, suspicions that are negative rather than suspicions that are positive.”

“Why can’t we know how many people are affected by FISA amendment act in the US?” Rep Conyers asked. “This kind of vagueness creates suspicions.”

Former Democratic presidential hopeful Rep. Dennis Kucinich (D-Ohio) said on his own part that those suspicions are even more validated since the Justice Department has declined to adhere to a Freedom of Information Act request for information on the FAA, explaining on Wednesday, “Everyone becomes suspect when big brother is listening.”

Rep Hank Johnson (D-GA) also threw his weight behind efforts to reject the act on Wednesday, saying it the FISA amendments allow for “illegal surveillance of an untold number of American citizens” with absolutely no oversight.

“Not even the NSA knows the extent to which FISA amendment acts have potentially been approved,” Rep Earl Blumenhauser (D-Oregon) added from the House floor before the vote.

The American Civil Liberties Union reports that, every day, the NSA intercepts and stores around 1.7 billion emails, phone calls, text and other electronic communications thanks to laws like FISA. To put it into perspective, they add, “that’s equivalent to 138 million books, every 24 hours.”

“After four years, you’d hope that some basic information or parameters of such a massive spying program would be divulged to the public, or at least your rank-and-file member of Congress, but they haven’t,” says Michelle Richardson, a counsel at the ACLU’s Washington Legislative Office. “Only a small handful of members have either personally attended classified briefings or have staff with high enough clearances to attend for them.Sen. Ron Wyden — who has been on the Senate Intelligence Committee for years—has even been stonewalled by the Obama administration for a year and a half in his attempts to learn basic information about the program, such as the number of Americans who have had their communications intercepted under the FAA.”

“Can you believe that 435 members of Congress who have sworn to uphold the Constitution are about to vote on a sweeping intelligence gathering law without this basic information?” she asks.

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September 12, 2012 Posted by | Civil Liberties, Full Spectrum Dominance, Timeless or most popular | , , , | Leave a comment

US: House to Vote on FISA Amendments Act Wednesday

By Michelle Richardson, ACLU Washington Legislative Office – September 10, 2012

It’s back. On Wednesday the House of Representatives is scheduled to vote on a five-year reauthorization of the FISA Amendments Act (FAA), the 2008 law that legalized the Bush administration’s warrantless wiretapping program and more. It permits the government to get year-long orders from the secret Foreign Intelligence Surveillance Act (FISA) court to conduct dragnet surveillance of Americans’ international communications—including phone calls, emails, and internet records—for the purpose of collecting foreign intelligence.  The orders need not specify who is going to be spied on or even allege that the targets did anything wrong.  The only guarantees that the FAA gives are that no specific American will be targeted for wiretapping and that some (classified) rules about the use of intercepted information will be followed.

After four years, you’d hope that some basic information or parameters of such a massive spying program would be divulged to the public, or at least your rank-and-file member of Congress, but they haven’t.  Only a small handful of members have either personally attended classified briefings or have staff with high enough clearances to attend for them.  Sen. Ron Wyden—who has been on the Senate Intelligence Committee for years—has even been stonewalled by the Obama administration for a year and a half in his attempts to learn basic information about the program, such as the number of Americans who have had their communications intercepted under the FAA.

Yet the House ambles on, ready to rubber stamp another five years of expansive surveillance that can pick up American communications without meaningful judicial oversight and without probable cause or any finding of wrongdoing.  Instead of blind faith in the executive branch, every member of the House should demand that the administration publicly disclose the following before proceeding with reauthorization:

•    Copies of FISA court opinions interpreting our Fourth Amendment rights under the FAA, with redactions to protect sensitive information (the Department of Justice can write summaries of law if necessary);
•    A rough estimate of how many Americans are surveilled under the FAA every year;
•    A description of the rules that govern how American information picked up by FAA surveillance is protected.

Can you believe that 435 members of Congress who have sworn to uphold the Constitution are about to vote on a sweeping intelligence gathering law without this basic information?

Act now to let them know that it’s time for Congress to fix FISA.

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September 11, 2012 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , | Leave a comment

Secret Obama Trade Agreement Would Allow Foreign Corporations to Avoid U.S. Laws

By Noel Brinkerhoff | AllGov | June 15, 2012

In order to secure a new international trade agreement with Pacific nations, the Obama administration appears willing to grant foreign corporations the power to avoid U.S. laws.

This revelation came in the form of a leaked document posted online by Citizens Trade Campaign. The material came from negotiations to establish a Trans-Pacific Partnership (TPP) trade pact and its authenticity verified by Public Citizen.

According to the Huffington Post, which also reviewed the document, foreign corporations operating within the U.S. could disregard certain domestic requirements and regulations by appealing to an international tribunal—that would have the power to overrule American law.

“The outrageous stuff in this leaked text,” wrote Lori Wallach, director of Public Citizen’s Global Trade Watch, “may well be why U.S. trade officials have been so extremely secretive about these past two years of [trade] negotiations.”

Both Republican and Democratic lawmakers in Congress have complained about the secretive talks and being kept in the dark. Senator Ron Wyden (D-Oregon) has introduced legislation requiring the administration to disclose details of the discussions.

Although Congress has not been privy to the negotiations, 600 U.S. corporate advisers have enjoyed access to TPP texts and been permitted to advise U.S. negotiators.

~

Obama Trade Document Leaked, Revealing New Corporate Powers And Broken Campaign Promises (by Zach Carter, Huffington Post)

Public Interest Analysis of Leaked Trans-Pacific Partnership (TPP) Investment Text (by Lori Wallach and Todd Tucker, Public Citizen)

Trans-Pacific Partnership Trade Agreement Chapter (CitizensTrade.org)

What will be in the New U.S. Asia-Pacific Trade Agreement? It’s None of Our Business (by Noel Brinkerhoff, AllGov)

June 15, 2012 Posted by | Civil Liberties, Economics, Progressive Hypocrite | , , , , , | 1 Comment

Why Fukushima Is a Greater Disaster than Chernobyl and a Warning Sign for the U.S.

The radioactive inventory of all the irradiated nuclear fuel stored in spent fuel pools at Fukushima is far greater and even more problematic than the molten cores.

By Robert Alvarez · Institute for Policy Studies · April 20, 2012

In the aftermath of the world’s worst nuclear power disaster, the news media is just beginning to grasp that the dangers to Japan and the rest of the world posed by the Fukushima-Dai-Ichi site are far from over.   After repeated warnings by former senior Japanese officials, nuclear experts, and now a U.S. Senator, it is sinking in that the irradiated nuclear fuel stored in spent fuel pools amidst the reactor ruins may have far greater potential offsite consequences  than the molten cores.

After visiting the site recently, Senator Ron Wyden (D-OR) wrote to Japan’s ambassador to the U.S. stating that, “loss of containment in any of these pools could result in an even greater release than the initial accident.”

This is why:

  • Each pool contains irradiated fuel from several years of operation, making for an extremely large radioactive inventory without a strong containment structure that encloses the  reactor cores;
  • Several  pools are now completely open to the atmosphere because the reactor buildings were  demolished by explosions; they are about 100 feet above ground and could possibly topple or collapse from structural damage coupled with another powerful earthquake;
  • The loss of water exposing the spent fuel will result in overheating [which] can cause melting and ignite its zirconium metal cladding – resulting in a fire that could deposit large amounts of radioactive materials over hundreds of miles.

Irradiated nuclear fuel, also called “spent fuel,” is extraordinarily radioactive.  In a matter of seconds, an unprotected human one foot away from a single freshly removed spent fuel assembly would receive a lethal dose of radiation within seconds. As one of the most dangerous materials in the world, spent reactor fuel poses significant long-term risks, requiring isolation in a geological disposal site that can protect the human environment for tens of thousands of years.

It’s almost 26 years since the Chernobyl reactor exploded and caught fire releasing enormous amounts of radioactive debris. The Chernobyl accident revealed the folly of not having an extra barrier of thick concrete and steel surrounding the reactor core that is required for modern plants in the U.S., Japan and elsewhere. The Fukushima Dai-Ichi accident revealed the folly of storing huge amounts of highly radioactive spent fuel in vulnerable pools, high above the ground.

What both accidents have in common is widespread environmental contamination from cesium-137.  With a half-life of 30, years, Cs-137 gives off penetrating radiation, as it decays.  Once in the environment, it mimics potassium as it accumulates in biota and the human food chain for many decades.  When it enters the human body, about 75 percent lodges in muscle tissue, with perhaps the most important muscle being the heart.  Studies of chronic exposure  to Cs-137 among  the people living near Chernobyl show an alarming rate of heart problems, particularly among children. As more information is made available, we now know that the Fukushima Dai-Ichi site is storing 10,833 spent fuel assemblies (SNF) containing roughly 327 million curies of long-lived radioactivity About 132 million curies is cesium-137 or nearly  85 times the amount estimated to have been released at Chernobyl.

The overall problem we face is that nearly all of the spent fuel at the Dai-Ichi site is in vulnerable pools in a high risk/consequence earthquake zone. The urgency of the situation is underscored by the ongoing seismic activity around NE Japan in which 13 earthquakes of magnitude 4.0 – 5.7 have occurred off the NE coast of Honshu in the last 4 days between 4/14 and 4/17.  This has been the norm since the first quake and tsunami hit the site on March 11th of last year. Larger quakes are expected closer to the power plant.

Last week, Tokyo Electric Power Company (TEPCO) revealed plans to remove 2,274 spent fuel assemblies from the damaged reactors that will probably take at least a decade to accomplish. The first priority will be removal of the contents in Pool No. 4. This pool is structurally damaged and contains about 10 times more cesium-137 than released at Chernobyl. Removal of SNF from the No. 4 reactor is optimistically expected to begin at the end of 2013. A significant amount of construction to remove debris and reinforce the structurally-damaged reactor buildings, especially the fuel- handling areas, will be required.

Also, it is not safe to keep 1,882 spent fuel assemblies containing ~57 million curies of long-lived radioactivity, including nearly 15 times more cs-137 than released at Chernobyl  in the elevated pools at reactors 5, 6, and 7, which did not experience melt-downs and explosions.

The main reason why there is so much spent fuel at the Da-Ichi site, is that it was supposed to be sent to the Rokkasho reprocessing plant, which has experienced 18 lengthy delays throughout its construction history.  Plutonium and uranium was to be extracted from the spent fuel there, with the plutonium to be used as fuel at the Monju fast reactor.

After several decades and billions of dollars, the United States effectively abandoned the “closed” nuclear fuel cycle 30 years ago for cost and nuclear non-proliferation reasons. Over the past 60 years, the history of fast reactors using plutonium is littered with failures the most recent being the Monju project in Japan. Monju was cancelled in November of last year, dealing a fatal blow to the dream of a “closed” nuclear fuel cycle in Japan.

The stark reality, if TEPCO’s plan is realized, is that nearly all of the spent fuel at the Da-Ichi containing some of the largest concentrations of radioactivity on the planet will remain indefinitely in vulnerable pools. TEPCO wants to store the spent fuel from the damaged reactors in the common pool, and only to resort to dry, cask storage when the common pool’s capacity is exceeded. At this time, the common pool is at 80 percent storage capacity and will require removal of  SNF to make room. TEPCO’s plan is to minimize dry cask storage as much as possible and to rely indefinitely on vulnerable pool storage.  Senator Wyden finds that TEPCO’s plan for remediation carries extraordinary and continuing risk. He sensibly recommends that retrieval of spent fuel in existing on-site spent fuel pools to safer storage in dry casks should be a priority.

Given these circumstances, a key goal for the stabilization of the Fukushima-Daichi site is to place all of its spent reactor fuel into dry, hardened storage casks. This will require about 244 additional casks at a cost of about $1 mllion per cask. To accomplish this goal, an international effort is required – something that Senator Ron Wyden (D-OR) has called for. As we have learned, despite the enormous destruction from the earthquake and tsunami at the Dai-Ich Site, the nine dry casks and their contents were unscathed.  This is an important lesson we should not ignore.

April 24, 2012 Posted by | Nuclear Power | , , , , , , , | 2 Comments

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