Officers accused of inciting violence to testify before police ethics panel
2009-10-23, Globe and Mail (One of Canada's leading newspapers)
Posted: 2009-10-31 19:15:43
http://www.theglobeandmail.com/news/national/officers-accused-of-inciting-vio...

Three undercover officers accused of inciting protesters to attack riot police at the 2007 North American leaders summit in Montebello are being summoned to testify before Quebec's independent police ethics committee. The decision from the committee released this week overrules an independent review that exonerated the officers. It also comes more than two years after the black-clad trio were first exposed on YouTube. Dave Coles, the union leader who confronted the men at the time and filed a complaint against the police ... said he suspects an inquiry would find there was political involvement. “This is the big question: Who sent them in?” asked Mr. Coles. “And don't give me some lame excuse that it was a low-level officer.” Video images of the incident posted on YouTube showed three officers disguised as protesters wearing black tops and camouflage pants. Their faces were covered by black and white bandanas. One of them, wearing a sideways ball cap marked with graffiti, held a large stone in his hand. Mr. Coles yelled at them to show their faces and the officer carrying the rock responded with a two-handed shove.

Note: Click on the link above to watch the astonishing YouTube video of this police provocation. This is just one case that happened to be caught on film. Why are undercover police infiltrating activist groups and inciting violence at demonstrations around the world?

Police in £9m scheme to log 'domestic extremists'
2009-10-25, The Guardian (One of the UK's leading newspapers)
Posted: 2009-10-31 19:09:09
http://www.guardian.co.uk/uk/2009/oct/25/police-domestic-extremists-database

Police are gathering the personal details of thousands of activists who attend political meetings and protests, and storing their data on a network of nationwide intelligence databases. The hidden apparatus has been constructed to monitor "domestic extremists". Detailed information about the political activities of campaigners is being stored on a number of overlapping IT systems, even if they have not committed a crime. Senior officers say domestic extremism, a term coined by police that has no legal basis, can include activists suspected of minor public order offences such as peaceful direct action and civil disobedience. Three national police units responsible for combating domestic extremism are run by the "terrorism and allied matters" committee of the Association of Chief Police Officers (Acpo). In total, it receives £9m in public funding, from police forces and the Home Office, and employs a staff of 100. The main unit, the National Public Order Intelligence Unit (NPOIU), runs a central database which lists thousands of so-called domestic extremists. It filters intelligence supplied by police forces across England and Wales, which routinely deploy surveillance teams at protests, rallies and public meetings. Vehicles associated with protesters are being tracked via a nationwide system of automatic number plate recognition (ANPR) cameras. Police surveillance units, known as Forward Intelligence Teams (FIT) and Evidence Gatherers, record footage and take photographs of campaigners as they enter and leave openly advertised public meetings. Surveillance officers are provided with "spotter cards" used to identify the faces of target individuals who police believe are at risk of becoming involved in domestic extremism. Targets include high-profile activists regularly seen taking part in protests.

Note: This important article should be read in its entirety. For further revelations of the magnitude of this surveillance and "rebranding protest as extremism " program, click here.

Loosening of F.B.I. Rules Stirs Privacy Concerns
2009-10-29, New York Times
Posted: 2009-10-31 19:00:45
http://www.nytimes.com/2009/10/29/us/29manual.html

After a Somali-American teenager from Minneapolis committed a suicide bombing in Africa in October 2008, the Federal Bureau of Investigation began investigating whether a Somali Islamist group had recruited him on United States soil. Instead of collecting information only on people about whom they had a tip or links to the teenager, agents fanned out to scrutinize Somali communities. The operation unfolded as the Bush administration was relaxing some domestic intelligence-gathering rules. The F.B.I.’s interpretation of those rules was recently made public when it released, in response to a Freedom of Information lawsuit, its “Domestic Investigations and Operations Guide.” The disclosure of the manual has opened the widest window yet onto how agents have been given greater power in the post-Sept. 11 era. But the manual’s details have alarmed privacy advocates. “It raises fundamental questions about whether a domestic intelligence agency can protect civil liberties if they feel they have a right to collect broad personal information about people they don’t even suspect of wrongdoing,” said Mike German, a former F.B.I. agent who now works for the American Civil Liberties Union. The manual authorizes agents to open an “assessment” to “proactively” seek information about whether people or organizations are involved in national security threats. Assessments permit agents to use potentially intrusive techniques, like sending confidential informants to infiltrate organizations and following and photographing targets in public. When selecting targets, agents are permitted to consider political speech or religion as one criterion.

Note: To read the FBI's recently-released and redacted new "Domestic Investigations and Operation Guide", described by the New York Times as giving "F.B.I. agents the most power in national security matters that they have had since the post-Watergate era," click here.

Man who shot Dziekanski video gets journalism award
2009-10-28, CBC News
Posted: 2009-10-31 18:45:46
http://www.cbc.ca/canada/british-columbia/story/2009/10/28/bc-taser-video-cjf...

The man who used a digital camera to record the death of Robert Dziekanski at the Vancouver airport says he feels guilty he didn't try to help the Polish immigrant. Dziekanski, 40, died Oct. 14, 2007, following several shocks from a Taser four RCMP officers used to subdue him after he caused a disturbance. The incident might never have received much attention if Paul Pritchard had not decided to grab his digital camera and start recording the actions of the distraught Dziekanski before police arrived. The release of the 10-minute video, which contradicted the police version of the incident, led to widespread public outrage around the world and diplomatic tensions between Canada and Poland. The 10-minute Pritchard video [showed that] four RCMP officers rushed in and confronted Dziekanski, who backed up toward a counter. Dziekanski then faced the officers with what later turned out to be a stapler in one hand. Immediately, there was a loud crack from a Taser, followed by Dziekanski screaming and convulsing as he stumbled and fell to the floor. Another loud crack can be heard, as an officer appears to fire the Taser at Dziekanski again. Then, as the officers kneel on top of Dziekanski and handcuff him, he continues to scream and convulse on the floor. One officer is heard to say, "Hit him again. Hit him again," and there is another loud cracking sound. Evidence at the inquiry revealed the Taser was eventually fired five times at Dziekanski. After he was subdued, the RCMP left him handcuffed on the floor, where he died before medical help arrived.

Note: If these police would be so brutal in front of the public, imagine what they might have done when no one is looking. And note that the complete text of this article reveals that their brutal actions were covered up at high levels in the police department.

VeriChip shares jump after H1N1 patent license win
2009-09-21, Reuters
Posted: 2009-10-31 18:39:30
http://www.reuters.com/article/hotStocksNews/idUSTRE58K4BZ20090921

Shares of VeriChip Corp tripled after the company said it had been granted an exclusive license to two patents, which will help it to develop implantable virus detection systems in humans. The patents, held by VeriChip partner Receptors LLC, relate to biosensors that can detect the H1N1 and other viruses. The technology will combine with VeriChip's implantable radio frequency identification devices to develop virus triage detection systems. The triage system will provide multiple levels of identification -- the first will identify the agent as virus or non-virus, the second level will classify the virus and alert the user to the presence of pandemic threat viruses and the third level will identify the precise pathogen, VeriChip said in a white paper published May 7, 2009. Shares of VeriChip were up 186 percent.

Note: Beware of efforts to scare you into getting microchipped for your own safety. Click here for more on this. For more on pharmaceutical corporation profiteering from swine flu vaccines, click here.

Arrest Puts Focus on Protesters’ Texting
2009-10-05, New York Times
Posted: 2009-10-29 19:58:03
http://www.nytimes.com/2009/10/05/nyregion/05txt.html

As demonstrations have evolved with the help of text messages and online social networks, so too has the response of law enforcement. On Thursday, F.B.I. agents descended on a house in Jackson Heights, Queens [NY], and spent 16 hours searching it. The most likely reason for the raid: a man who lived there had helped coordinate communications among protesters at the Group of 20 summit in Pittsburgh. The man, Elliot Madison, 41, a social worker who has described himself as an anarchist, had been arrested in Pittsburgh on Sept. 24 and charged with hindering apprehension or prosecution, criminal use of a communication facility and possession of instruments of crime. The Pennsylvania State Police said he was found in a hotel room with computers and police scanners while using the social-networking site Twitter to spread information about police movements. He has denied wrongdoing. American protesters first made widespread use of mass text messages in New York, during the 2004 Republican National Convention. Messages, sent as events unfolded, allowed demonstrators and others to react quickly to word of arrests, police mobilizations and roving rallies. Mass texting has since become a valued tool among protesters, particularly at large-scale demonstrations. Mr. Madison [may be] the first to be charged criminally while sending information electronically to protesters about the police. “He and a friend were part of a communications network among people protesting the G-20,” Mr. Madison’s lawyer, Martin Stolar, said on Saturday. “There’s absolutely nothing that he’s done that should subject him to any criminal liability.”

Note: For many reports from reliable sources on increasing government erosion of civil liberties, click here.

Climate change activist stopped from travelling to Copenhagen
2009-10-14, The Guardian (One of the UK's leading newspapers)
Posted: 2009-10-29 19:29:41
http://www.guardian.co.uk/politics/2009/oct/14/climate-change-activist-held

UK border police used anti-terrorist legislation to prevent a British climate change activist from crossing over into mainland Europe where he planned to take part in events surrounding the forthcoming United Nations summit in Denmark. Chris Kitchen, a 31-year-old office worker, said he feared his treatment by police could mark the start of a clampdown on protesters, hundreds of whom are planning to travel to Copenhagen for the climate change talks in December. [He had hoped] to take part in discussions organised by a network of protest groups coming together under the banner Climate Justice Action. He said he was prevented from crossing the border ... when the coach he was travelling on stopped at the Folkestone terminal of the Channel tunnel. Kitchen said police officers boarded the coach and, after checking all passengers' passports, took him and another climate activist to be interviewed under schedule 7 of the Terrorism Act 2000, a clause which enables border officials to stop and search individuals to determine if they are connected to terrorism. The passports were not initially scanned, Kitchen said, suggesting the officials knew his name and had planned to remove him from the coach before they boarded. During his interview, he was asked questions about his family, work and past political activity. The police also asked him what he intended to do in Copenhagen. When Kitchen said that anti-terrorist legislation does not apply to environmental activists, he said the officer replied that terrorism "could mean a lot of things". Police are understood to be monitoring protesters on a number of databases, some of which highlight individuals when they pass through secure areas, such as ports.

Note: For many reports from reliable sources on increasing government erosion of civil liberties, click here.

Anti-war activist's works banned at prison camps
2009-10-11, Miami Herald
Posted: 2009-10-17 18:28:28
http://www.miamiherald.com/news/americas/guantanamo/v-fullstory/story/1275646...

Professor Noam Chomsky may be among America's most enduring anti-war activists. But the leftist intellectual's anthology of post-9/11 commentary is taboo at Guantánamo's prison camp library, which offers books and videos on Harry Potter, World Cup soccer and Islam. U.S. military censors recently rejected a Pentagon lawyer's donation of an Arabic-language copy of the political activist and linguistic professor's 2007 anthology Interventions for the library. Chomsky, 80, who has been voicing disgust with U.S. foreign policy since the Vietnam War, reacted with irritation and derision. "This happens sometimes in totalitarian regimes," he told The Miami Herald by e-mail after learning of the decision. "Of some incidental interest, perhaps, is the nature of the book they banned. It consists of op-eds written for The New York Times syndicate and distributed by them. The subversive rot must run very deep." Prison camp officials would not say specifically why the book was rejected. A rejection slip accompanying the Chomsky book did not explain the reason but listed categories of restricted literature to include those espousing "Anti-American, Anti-Semitic, Anti-Western" ideology, literature on "military topics." Prison camp staff would not say how many donated books have been refused.

Pittsburgh police used acoustic warfare during G-20 protests, drawing legal groups' ire
2009-10-01, ABC News/Associated Press
Posted: 2009-10-12 14:26:46
http://abcnews.go.com/US/wireStory?id=8719560

Police ordered protesters to disperse at the Group of 20 summit last week with a device that can beam earsplitting alarm tones and verbal instructions that the manufacturer likens to a "spotlight of sound," but that legal groups called potentially dangerous. The device, called a Long Range Acoustic Device, concentrates voice commands and a car alarm-like sound in a 30- or 60-degree cone that can be heard nearly two miles away. The volume measures 140-150 decibels three feet away – louder than a jet engine. During the Pittsburgh protests, police used the device to order demonstrators to disperse and to play a high-pitched "deterrent tone" designed to drive people away. It was the first time the device was used in a riot-control situation on U.S. soil. Those who heard it said ... the "deterrent tone" as unbearable. Joel Kupferman, who was at Thursday's march as a legal observer for the National Lawyer's Guild, said he was overwhelmed by the tone and called it "overkill." "When people were moving and they still continued to use it, it was an excessive use of weaponry," Kupferman said. Witold "Vic" Walczak, legal director for the American Civil Liberties Union in Pennsylvania, said the device is a military weapon capable of producing permanent hearing loss, something he called "an invitation to an excessive-force lawsuit." Catherine Palmer, director of audiology at the University of Pittsburgh Medical Center, said 140 decibels can cause immediate hearing loss. ["Public safety"] officials said the complaints prove the device worked as designed.

Note: To watch a disturbing 10-minute clip of the use of this weapon at the G-20 meeting, click here. For many revealing reports from major media sources on increasing threats to civil liberties, click here.

Military to get mandatory swine flu shots soon
2009-09-29, MSNBC/Associated Press
Posted: 2009-10-03 22:35:46
http://www.msnbc.msn.com/id/33079725/ns/health-swine_flu

U.S. military troops will begin getting required swine flu shots in the next week to 10 days, with active duty forces deploying to war zones and other critical areas going to the front of the vaccine line. Air Force Gen. Gene Renuart also [said] that as many as 400 troops are ready to go to five regional headquarters around the country to assist federal health and emergency management officials. The Pentagon has bought 2.7 million vaccines, and 1.4 million of those will go to active duty military. National Guard troops on active duty are also required to receive the vaccine, as are civilian Defense Department employees who are in critical jobs. "Because I can compel people to get the shots, larger numbers will have the vaccine," said Renuart, commander of U.S. Northern Command. "They will, as a percentage of the population, be vaccinated more rapidly than many of us. So we may see some objective results, good or not, of the vaccinations." Shots will be doled out on a priority basis, with troops preparing to deploy first, followed by other active duty forces, particularly any who might be needed to quickly respond to a hurricane or other emergency. Inoculating the military is a key requirement of the Pentagon's emergency plan, as a way to ensure that troops are available to protect the nation. They also will be on tap to provide help to states if problems come up as the flu season continues.

Note: It is not made clear by this article precisely how military personnel will "assist" civilian authorities handle a mass swine flue vaccination program. The plans to use the military for this purpose are unprecedented and formerly illegal. For lots more from reliable sources on the dangers of vaccines, click here and here.

Health Care Workers Protest Mandatory H1N1 Vaccination
2009-09-29, CBS News
Posted: 2009-10-03 22:33:29
http://www.cbsnews.com/blogs/2009/09/29/taking_liberties/entry5349581.shtml

Health care workers are planning to take to the streets Tuesday at a rally in front of the Albany, N.Y. state capitol to protest mandatory vaccination. The rally is intended to call for "freedom of choice in vaccination and health care" and to protest mandatory vaccination for influenza and the H1N1 swine flu. "This vaccine has not been clinically tested to the same degree as the regular flu vaccine," Tara Accavallo, a registered nurse on Long Island, told Newsday. "If something happens to me, if I get seriously injured from this vaccine, who's going to help me?" While physicians, nurses, and medical technicians may not be known for their willingness to march on state capitols, a recent New York Department of Health requirement has sparked an unusually intense response. The August 13 regulations say that all health care workers who "could potentially expose patients" must be vaccinated for influenza by November 30 unless it would be "detrimental" to the recipient's health. This raises an obvious and important question: Under what circumstances can government officials order mandatory vaccination? And could the general public be ordered to roll up their sleeves for injections, even if there might be side effects beyond a sore arm or mild fever? The concern in New York also comes as skepticism of vaccination in general seems to be on the rise.

Note: For more on this protest, click here. Note that the U.S. government has granted immunity from lawsuits to the drug companies manufacturing the vaccines. So who will be responsible if there is a repeat of the 1976 swine flu vaccination campaign, where hundreds died and thousands were paralyzed by the vaccines?

Electronic border control
2009-10-02, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2009-10-03 22:16:26
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/02/EDDQ19VF7L.DTL

Suppose you're returning home from a vacation in Cancun. A customs agent asks you to open your suitcase so he can check its contents. So far, so good. Now, the agent asks you to log on to your laptop so he can read your e-mails and personal files and examine which Web sites you've visited. He makes a copy of your hard drive so the government can comb through its contents. You've done nothing to give the agent any cause for suspicion. That can't be legal - can it? Until recently, it would not have been allowed. Long-standing customs directives prohibited agents from reading travelers' personal documents unless they reasonably suspected them to be merchandise or evidence of illegal activity. Then the Bush administration changed the rules, allowing agents to "review and analyze" the contents of electronic devices, including laptops, cell phones and BlackBerrys "absent individualized suspicion." Agents also could make copies of the devices' contents and share them with other government agencies. In a Senate Judiciary Committee hearing in May, Secretary of Homeland Security Janet Napolitano promised to review the policy. Homeland Security has now released a new policy - and it is the same as the Bush policy in almost every relevant respect. The government may still search electronic devices without reasonable suspicion, retain copies indefinitely to complete its search and share information with other agencies. Both administrations have cited national security to justify suspicionless searches. There's no evidence, however, that a suspicionless search has ever turned up a security threat.

Note: The author of this op-ed, Elizabeth Goitein, is the director of the Liberty and National Security Project at the Brennan Center for Justice at NYU School of Law. For lots more on how politicians use "national security" as a means to protect their own manipulations at the expense of the public good, click here.

Patriot Act Provisions Get Obama Support
2009-09-15, ABC News
Posted: 2009-09-22 22:08:23
http://abcnews.go.com/Politics/obama-supports-extending-patriot-act/story?id=...

The Justice Department has indicated that the Obama administration is in support of renewing [three] controversial sections of the USA Patriot Act that expire later this year. The provisions that will expire in December include Section 206, that allows "roving" wiretaps so FBI agents can tap multiple phones or computers (with court authorization) that a specific person (target) may use. Another expiring provision, Section 215, is the so-called "library provision," which allows investigators to obtain [library, medical, business, banking and other] records with approval from the Foreign Intelligence Surveillance Court. And the final provision which was nicknamed the "Lone Wolf" authorization, allows intelligence gathering of people not suspected of being part of a foreign government or known terrorist organization. Critics of the Patriot Act protested loudly that the FBI could obtain individuals' library records under the legislation. [But] section 215 is much more expansive than reviewing a suspected terrorist's summer reading list. [It] allows the FBI to obtain any business record, "any tangible things," like credit card and bank statements and also allows access to medical and mental health records. The provision has been used to obtain communication and subscriber information to help set up surveillance and monitoring of computers and telephones.

Note: The American Library Association, the national organization of professional librarians, was the first and strongest defender of civil liberties after the passage of the PATRIOT Act. For a discussion of the concerns of professional librarians over this decision by the Obama administration, click here.

Boston launches flu shot tracking
2008-11-21, Boston Globe
Posted: 2009-09-22 22:00:33
http://www.boston.com/news/local/massachusetts/articles/2008/11/21/boston_lau...

Using technology originally developed for mass disasters, Boston disease trackers are embarking on a novel experiment - one of the first in the country - aimed at eventually creating a citywide registry of everyone who has had a flu vaccination. The resulting vaccination map would allow swift intervention in neighborhoods left vulnerable to the fast-moving respiratory illness. The trial starts this afternoon, when several hundred people are expected to queue up for immunizations at the headquarters of the Boston Public Health Commission. Each of them will get a bracelet printed with a unique identifier code. Information about the vaccine's recipients, and the shot, will be entered into handheld devices similar to those used by delivery truck drivers. Infectious disease specialists in Boston and elsewhere predicted that the registry approach could prove even more useful if something more sinister strikes: a bioterrorism attack or the long-feared arrival of a global flu epidemic. In such crises, the registry could be used to track who received a special vaccine or antidote to a deadly germ. "Anything you can do to better pinpoint who's vaccinated and who's not, that's absolutely vital," said Michael Osterholm, director of the Center for Infectious Disease Research & Policy at the University of Minnesota. "I wish more cities were doing this kind of thing." When people arrive for their shots, they will get an ID bracelet with a barcode. Next, basic information - name, age, gender, address - will be entered into the patient tracking database. There will be electronic records, too, of who gave the vaccine and whether it was injected into the right arm or the left, and time-stamped for that day.

Note: For more on the serious risks and dangers posed by vaccines, click here and here.

Senate Bill Would Give President Emergency Control of Internet
2009-08-28, Fox News
Posted: 2009-09-14 13:04:56
http://www.foxnews.com/politics/2009/08/28/senate-president-emergency-control...

A Senate bill would offer President Obama emergency control of the Internet and may give him a "kill switch" to shut down online traffic by seizing private networks -- a move cybersecurity experts worry will choke off industry and civil liberties. Details of a revamped version of the Cybersecurity Act of 2009 emerged late Thursday, months after an initial version authored by Sen. Jay Rockefeller, D-W.V., was blasted in Silicon Valley as dangerous government intrusion. "In the original bill they empowered the president to essentially turn off the Internet in the case of a 'cyber-emergency,' which they didn't define," said Larry Clinton, president of the Internet Security Alliance, which represents the telecommunications industry. The new legislation allows the president to "declare a cybersecurity emergency" relating to "non-governmental" computer networks and make a plan to respond to the danger, according to an excerpt published online -- a broad license that rights experts worry would give the president "amorphous powers" over private users. "As soon as you're saying that the federal government is going to be exercising this kind of power over private networks, it's going to be a really big issue," Lee Tien, a senior staff attorney with the Electronic Frontier Foundation.

Note: For revealing reports from major media sources on threats to civil liberties, click here.

Bush's Search Policy For Travelers Is Kept
2009-08-28, Washington Post
Posted: 2009-09-05 14:30:30
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/27/AR20090827040...

The Obama administration will largely preserve Bush-era procedures allowing the government to search -- without suspicion of wrongdoing -- the contents of a traveler's laptop computer, cellphone or other electronic device. The policy, disclosed ... in a pair of Department of Homeland Security directives, describes more fully than did the Bush administration the procedures by which travelers' laptops, iPods, cameras and other digital devices can be searched and seized when they cross a U.S. border. And it sets time limits for completing searches. Representatives of civil liberties and travelers groups say they see little substantive difference between the Bush-era policy, which prompted controversy, and this one. "It's a disappointing ratification of the suspicionless search policy put in place by the Bush administration," said Catherine Crump, staff attorney for the American Civil Liberties Union. "It doesn't deal with the fundamental problem, which is that under the policy, government officials are free to search people's laptops and cellphones for any reason whatsoever." "Under the policy begun by Bush and now continued by Obama, the government can open your laptop and read your medical records, financial records, e-mails, work product and personal correspondence -- all without any suspicion of illegal activity," said Elizabeth Goitein, who leads the liberty and national security project at the nonprofit Brennan Center for Justice.

Note: For important revelations of government threats to civil liberties, click here.

DNA Evidence Can Be Fabricated, Scientists Show
2009-08-18, New York Times
Posted: 2009-08-23 18:53:59
http://www.nytimes.com/2009/08/18/science/18dna.html

Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases. The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person. “You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.” Dr. Frumkin is a founder of Nucleix, a company based in Tel Aviv that has developed a test to distinguish real DNA samples from fake ones that it hopes to sell to forensics laboratories. The planting of fabricated DNA evidence at a crime scene is only one implication of the findings. A potential invasion of personal privacy is another. Using some of the same techniques, it may be possible to scavenge anyone’s DNA from a discarded drinking cup or cigarette butt and turn it into a saliva sample that could be submitted to a genetic testing company that measures ancestry or the risk of getting various diseases. Tania Simoncelli, science adviser to the American Civil Liberties Union, said the findings were worrisome. “DNA is a lot easier to plant at a crime scene than fingerprints,” she said. “We’re creating a criminal justice system that is increasingly relying on this technology.”

Note: For lots more on government threats to civil liberties, click here.

U.S. battling CIA rendition case in 3 courts
2009-08-10, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2009-08-20 22:17:47
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/09/BAHQ195SJR.DTL

The Obama administration is fighting on multiple fronts - in courts in San Francisco, Washington and London - to keep an official veil of secrecy over the treatment of a former prisoner who says he was tortured at Guantanamo Bay. The administration has asked a federal appeals court in San Francisco to reconsider its ruling allowing Binyam Mohamed and four other former or current prisoners to sue a Bay Area company for allegedly flying them to overseas torture chambers for the CIA. Most recently, a British government lawyer told her nation's High Court last month that Secretary of State Hillary Rodham Clinton had threatened to limit U.S. intelligence-sharing with Great Britain if the court disclosed details of Mohamed's treatment in Guantanamo. The British court declared in August 2008 that there was evidence Mohamed had been tortured, but deleted the details from its public version of the ruling at the Bush administration's insistence. Mohamed, 30, an Ethiopian refugee and British resident, ... and four other men have sued Jeppesen Dataplan, a San Jose subsidiary of the Boeing Co., for its alleged role in arranging their flights for the CIA. A Council of Europe report in 2007 described Jeppesen as the CIA's aviation services provider. The Ninth U.S. Circuit Court of Appeals in San Francisco reinstated the suit in April, rejecting arguments originally made by the Bush administration that the case posed grave risks to national security. Obama administration lawyers endorsed those arguments at a hearing in February and have asked the court for a rehearing. Mohamed's lawyers, Clive Stafford Smith and Ahmad Ghappour of the British human-rights group Reprieve, were threatened with jail after drafting a letter to Obama in February urging him to release the evidence of their client's treatment in U.S. custody or to authorize Britain to do so.

Note: For many illuminating reports from major media sources on government secrecy, click here.

Bush Weighed Using Military in Arrests
2009-07-25, New York Times
Posted: 2009-08-02 23:35:32
http://www.nytimes.com/2009/07/25/us/25detain.html?partner=rss&emc=rss&pagewa...

Top Bush administration officials in 2002 debated testing the Constitution by sending American troops into the suburbs of Buffalo to arrest a group of men suspected of plotting with Al Qaeda, according to former administration officials. Some of the advisers to President George W. Bush, including Vice President Dick Cheney, argued that a president had the power to use the military on domestic soil to sweep up the terrorism suspects, who came to be known as the Lackawanna Six, and declare them enemy combatants. A decision to dispatch troops into the streets to make arrests has few precedents in American history, as both the Constitution and subsequent laws restrict the military from being used to conduct domestic raids and seize property. The Fourth Amendment bans “unreasonable” searches and seizures without probable cause. And the Posse Comitatus Act of 1878 generally prohibits the military from acting in a law-enforcement capacity. In the discussions, Mr. Cheney and others cited an Oct. 23, 2001, memorandum from the Justice Department that, using a broad interpretation of presidential authority, argued that the domestic use of the military against Al Qaeda would be legal because it served a national security, rather than a law enforcement, purpose. “The president has ample constitutional and statutory authority to deploy the military against international or foreign terrorists operating within the United States,” the memorandum said. The memorandum was declassified in March. But the White House debate about the Lackawanna group is the first evidence that top American officials ... actually considered using the document to justify deploying the military into an American town to make arrests.

Note: For many revealing reports from reliable sources on government and military threats to civil liberties, click here.

The Military Is Not the Police
2009-07-30, New York Times
Posted: 2009-08-02 23:32:58
http://www.nytimes.com/2009/07/30/opinion/30thu1.html?partner=rss&emc=rss&pag...

It was disturbing to learn ... just how close the last administration came to violating laws barring the military from engaging in law enforcement when President George W. Bush considered sending troops into a Buffalo suburb in 2002 to arrest terrorism suspects. Unfortunately, this is not necessarily a problem of the past. More needs to be done to ensure that the military is not illegally deployed in this country. The Posse Comitatus Act of 1878 generally prohibits the military from law enforcement activities within the United States. The Lackawanna Six controversy is history, but there are troubling signs the military may be injecting itself today into law enforcement. The American Civil Liberties Union has been sounding the alarm about the proliferation of "fusion centers," in which federal, state and local law enforcement cooperate on anti-terrorism work. According to the A.C.L.U., the lines have blurred, and the centers have involved military personnel in domestic law enforcement. Congress should investigate. Civil libertarians are also raising questions about a program known as the Chemical, Biological, Radiological/Nuclear and High-Yield Explosives Consequence Management Response Force. The Army says its aim is to have active-duty troops ready to back up local law enforcement in catastrophic situations, like an attack with a nuclear weapon. That could be legal, but the workings of these units are murky. Again, Congress should ensure that the military is not moving into prohibited areas. After the lack of respect for posse comitatus at the highest ranks of the previous administration, the Obama White House and Congress must ensure that the lines between military and law enforcement have been restored, clearly, and that they are respected.

Note: For many revealing reports from reliable sources on government and military threats to civil liberties, click here.

Report: Bush program extended beyond wiretapping
2009-07-10, USA Today/Associated Press
Posted: 2009-07-26 22:44:57
http://www.usatoday.com/news/washington/2009-07-10-report-surveillance_N.htm

The Bush administration built an unprecedented surveillance operation to pull in mountains of information far beyond the warrantless wiretapping previously acknowledged, a team of federal inspectors general reported Friday, questioning the legal basis for the effort but shielding almost all details on grounds they're still too secret to reveal. The report, compiled by five inspectors general, refers to "unprecedented collection activities" by U.S. intelligence agencies under an executive order signed by President George W. Bush after the Sept. 11, 2001, terror attacks. Just what those activities involved remains classified, but the IGs pointedly say that any continued use of the secret programs must be "carefully monitored." The report says too few relevant officials knew of the size and depth of the program, let alone signed off on it. They particularly criticize John Yoo, a deputy assistant attorney general who wrote legal memos undergirding the policy. His boss, Attorney General John Ashcroft, was not aware until March 2004 of the exact nature of the intelligence operations beyond wiretapping that he had been approving for the previous two and a half years, the report says. Most of the intelligence leads generated under what was known as the "President's Surveillance Program" did not have any connection to terrorism, the report said. The only piece of the intelligence-gathering operation acknowledged by the Bush White House was the wiretapping-without-warrants effort. Although the report documents Bush administration policies, its fallout could be a problem for the Obama administration if it inherited any or all of the still-classified operations.

Note: For many disturbing reports on increasing threats to privacy under the pretext of protection against terrorism, click here.

U.S. Wiretapping of Limited Value, Officials Report
2009-07-11, New York Times
Posted: 2009-07-26 22:40:48
http://www.nytimes.com/2009/07/11/us/11nsa.html?partner=rss&emc=rss&pagewante...

While the Bush administration had defended its program of wiretapping without warrants as a vital tool that saved lives, a new government review released Friday said the program’s effectiveness in fighting terrorism was unclear. Most intelligence officials interviewed “had difficulty citing specific instances” when the National Security Agency’s wiretapping program contributed to successes against terrorists, the report said. The program ... played a limited role in the F.B.I.’s overall counterterrorism efforts,” the report concluded. The Central Intelligence Agency and other intelligence branches ... could not link it directly to counterterrorism successes, presumably arrests or thwarted plots. The report also hinted at political pressure in preparing the so-called threat assessments that helped form the legal basis for continuing the classified program, whose disclosure in 2005 provoked fierce debate about its legality. The initial authorization of the wiretapping program came after a senior C.I.A. official took a threat evaluation, prepared by analysts who knew nothing of the program, and inserted a paragraph provided by a senior White House official that spoke of the prospect of future attacks against the United States. These threat assessments, which provided the justification for President George W. Bush’s reauthorization of the wiretapping program every 45 days, became known among intelligence officials as the “scary memos,” the report said. Intelligence analysts involved in the process eventually realized that “if a threat assessment identified a threat against the United States,” the wiretapping and related surveillance programs were “likely to be renewed,” the report added.

Note: For many illuminating reports from reliable sources on the realities behind the "war on terror", click here.

U.S. to vaccinate millions against swine flu
2009-07-10, Washington Post
Posted: 2009-07-12 18:27:46
http://www.washingtonpost.com/wp-dyn/content/article/2009/07/09/AR20090709003...

School-age children will be a key target population for a pandemic flu vaccine in the fall, and they may be vaccinated at school in a mass campaign not seen since the polio epidemics of the 1950s. The federal government should get about 100 million doses of vaccine by mid-October, if the current production by five companies goes as planned. But enough vaccine for wide use by the 120 million people especially vulnerable to the newly emerged strain of H1N1 influenza virus will not be available until later in the fall. Those were among the messages administration officials delivered to about 500 state, territorial, city and tribal health officials yesterday at a "flu summit" at the National Institutes of Health's Bethesda campus. President Obama, speaking by audio link from the Group of Eight summit in L'Aquila, Italy, urged "complete ownership" of preparations for what he termed a "significant outbreak" of H1N1 flu in the next few months. "We want to make sure that we are not promoting panic, but we are promoting vigilance and preparation," he said. He added that "the most important thing for us to do is to make sure that state and local officials prepare now to implement a vaccination program in the fall." Children, pregnant women, adults with chronic illnesses, and health-care workers would probably be first in line for the vaccine, Health and Human Services Secretary Kathleen Sebelius told the gathering. Education Secretary Arne Duncan said "we would absolutely welcome" the idea that the nation's schools be a principal venue for delivering the vaccine. He called them "natural sites" and said that "to open our doors and be part of the solution really makes sense."

Note: The fear-mongering and vaccination plan continues. Note the Post's claim that "more than 1 million Americans have become ill from it." Where did they get this number? The CDC website at this link as of July 10th claims around 40,000 cases in the US. Could this mistake have been intentional? For lots more on this, see this link. And to watch a powerful segment from CBS 60 Minutes showing how government propoganda killed and maimed thousands during the swine flu scare of 1976, click here.

MIA may be a quarantine site in pandemic
2009-06-10, Miami Herald (Miami's leading newspaper)
Posted: 2009-07-12 18:22:48
http://www.miamiherald.com/business/story/1089929.html

Miami International Airport [MIA] and 18 other major American airports have been lined up to handle a future pandemic that could require them to quarantine international flights. The U.S. Centers for Disease Control and Prevention has set up stand-by quarantine/screening facilities at the 19 airports to which all flights from affected countries would be diverted. Nationally, airline and airport lobbyists predict chaos, saying there is no way the air-traffic system can handle such extensive rerouting. Now, new proposals are emerging in Washington, including one that would designate Fort Lauderdale-Hollywood, Orlando International and four other major airports as potential second-tier quarantine sites. Local officials say they understand the CDC will approve the new designations only if the airports pay for the quarantine facilities themselves. The CDC would pay for the quarantine stations at the 19 primary airports. The facilities are not cheap. A 2008 study by the Federal Aviation Administration concluded that setting aside space for health screenings and a quarantine of up to 200 people could cost $15,000 a month, with costs of an actual quarantine running into the hundreds of thousands of dollars. Fort Lauderdale-Hollywood officials began developing a plan to handle quarantined passengers and flights several years ago during the bird flu scare. It calls for erecting air-conditioned tents on the runway ramps to screen or quarantine passengers before they enter the terminal. Quarantined passengers might have to remain for days to show they are not infectious.

Pentagon Exam Calls Protests 'Low-Level Terrorism,' Angering Activists
2009-06-17, Fox News
Posted: 2009-07-12 17:57:54
http://www.foxnews.com/story/0,2933,526972,00.html

A written exam administered by the Pentagon labels "protests" as a form of “low-level terrorism” – enraging civil liberties advocates and activist groups who say it shows blatant disregard of the First Amendment. The written exam, given as part of Department of Defense employees’ routine training, includes a multiple-choice question that asks: “Which of the following is an example of low-level terrorism?” – Attacking the Pentagon – IEDs – Hate crimes against racial groups – Protests. The correct answer, according to the exam, is "Protests." “Its part of a pattern of equating dissent and protest with terrorism," said Ann Brick, an attorney with the American Civil Liberties Union, which obtained a copy of the question after a Defense Department employee who was taking the test printed the screen on his or her computer terminal. "It undermines the core constitutional values the Department of Defense is supposed to be defending,” Brick said, referring to the First Amendment right to peaceably assemble. She said the ACLU has asked the Defense Department to remove the question and send out a correction to all employees who took the exam. “There were other employees who were unhappy with it and disturbed by it,” Brick said. Anti-war protesters, who say they have been targets of federal surveillance for years, were livid when they were told about the exam question. “That’s illegal,” said George Martin, national co-chairman of United for Peace and Justice. “Protest in terms of legal dissent has to be recognized, especially by the authorities. It’s not terrorism or a lack of patriotism. We care enough to be active in our government.”

Note: For lots more on the continually-escalating government threats to civil liberties, click here.

How MI5 blackmails British Muslims
2009-05-21, The Independent (One of the U.K.'s leading newspapers)
Posted: 2009-05-25 11:35:49
http://www.independent.co.uk/news/uk/home-news/exclusive-how-mi5-blackmails-b...

Five Muslim community workers have accused MI5 of waging a campaign of blackmail and harassment in an attempt to recruit them as informants. The men claim they were given a choice of working for the Security Service or face detention and harassment in the UK and overseas. They have made official complaints to the police, to the body which oversees the work of the Security Service and to their local MP Frank Dobson. Now they have decided to speak publicly about their experiences in the hope that publicity will stop similar tactics being used in the future. Three of the men say they were detained at foreign airports on the orders of MI5 after leaving Britain on family holidays last year. After they were sent back to the UK, they were interviewed by MI5 officers who, they say, falsely accused them of links to Islamic extremism. On each occasion the agents said they would lift the travel restrictions and threat of detention in return for their co-operation. When the men refused some of them received what they say were intimidating phone calls and threats. Two other Muslim men say they were approached by MI5 at their homes after police officers posed as postmen. Each of the five men, aged between 19 and 25, was warned that if he did not help the security services he would be considered a terror suspect. A sixth man was held by MI5 for three hours after returning from his honeymoon in Saudi Arabia. He too claims he was threatened with travel restrictions if he tried to leave the UK."

Note: For lots more on the "war on terror" from reliable sources, click here.

'Maverick' DHS Office Issues Glossary of Domestic Extremist Groups
2009-05-05, Fox News
Posted: 2009-05-17 11:44:07
http://www.foxnews.com/politics/2009/05/05/maverick-dhs-office-issues-diction...

The Department of Homeland Security is reining in a "maverick" division of the agency following criticism of a report it issued that details domestic "extremists" ranging from anti-tax movements to pro-environment groups, a DHS official told FOX News on Tuesday. The report, released in March ... was on top of a controversial document the same office produced last month that said U.S. veterans were ripe for recruitment by terrorist groups. The quickly withdrawn report, titled the "Domestic Extremism Lexicon," comes from the department's Office of Intelligence and Analysis, the same unit that produced the report on right-wing extremists recruiting vets. The document, first uncovered by The Washington Times, uses a broad brush to define terms used when analyzing dozens of supposedly extremist ideologies inside the United States. They cover: Jewish extremists, animal rights extremists, Christian identity extremists, black separatism extremists, anti-abortion extremists, anti-immigration extremists, anti-technology extremists, Cuban independence extremists and tax resistance extremists, to name a few. In addition to the report on right-wing threats issued last month -- for which DHS Secretary Janet Napolitano apologized -- DHS detailed left-wing threats in a similar report released in January. The "Domestic Extremism Lexicon" covers ideologies across the spectrum. The top of the document also defines "alternative media" as something sinister -- though the term is commonly used to describe blogs and popular publications like New York's Village Voice.

Note: How strange that Fox News posted this report, yet other major media largely ignored this important news. Click here to read the extremism report.

Justice Dept. Finds Flaws in F.B.I. Terror List
2009-05-07, New York Times
Posted: 2009-05-10 19:36:21
http://www.nytimes.com/2009/05/07/us/07terror.html

The Federal Bureau of Investigation has incorrectly kept nearly 24,000 people on a terrorist watch list on the basis of outdated or sometimes irrelevant information. By the beginning of 2009, the report said, this consolidated government watch list comprised about 400,000 people, recorded as 1.1 million names and aliases, an exponential growth from the days before the attacks of Sept. 11, 2001. The new report, by the office of the Justice Department’s inspector general, provides the most authoritative statistical account to date of the problems connected with the list. An earlier report by the inspector general, released in March 2008, looked mainly at flaws in the system, without an emphasis on the number of people caught up in it. The list has long been a target of public criticism, particularly after well-publicized errors in which politicians including Senator Edward M. Kennedy and Representative John Lewis showed up on it. People with names similar to actual terrorists have complained that it can take months to be removed from the list, and civil liberties advocates charge that antiwar protesters, Muslim activists and others have been listed for political reasons. One of the biggest problems identified in the report was the use of outdated information, or material unconnected to terrorism, to keep people on the bureau’s own terror watch list, which is incorporated in the consolidated list. The report, examining nearly 69,000 referrals to the F.B.I. list that were either brought or processed by the bureau, found that 35 percent of those people, both Americans and foreigners, remained on the list despite inadequate justification.

Note: For many detailed reports from reliable sources indicating the "war on terror" isn't really what it's claimed to be, click here.

The Torture Debate: The Missing Voices
2009-05-07, New York Times
Posted: 2009-05-10 19:27:45
http://www.nytimes.com/2009/05/07/opinion/07thu1.html

Last month’s release of memos prepared by the Bush Justice Department and the disclosure of a report by the International Committee of the Red Cross on the brutal treatment of detainees expanded public knowledge of an ignominious chapter in the nation’s history. But these and other related disclosures do not provide a complete record of the government’s abuse of detainees. One missing element is the words of those prisoners subjected to waterboarding and other brutality. Those voices remain muffled by a combination of Bush-era resistance to a reasonable Freedom of Information Act request by the American Civil Liberties Union, and the gag order imposed on lawyers representing Guantánamo detainees. For two years, the A.C.L.U. has been seeking complete transcripts of the hearings at Guantánamo for 14 men who were previously in C.I.A. custody, including Abu Zubaydah, who has been described as an operative of Al Qaeda and was waterboarded at least 83 times. But the publicly released version of these transcripts deleted all detainee statements about their ordeals. The Bush team’s national security claim always had the odor of a cover-up. The interrogation program it was protecting has been discontinued, and crucial details are known. It is unsupportable to blank out grim details. The same considerations apply to the protective order that prohibits lawyers for Guantánamo detainees from speaking publicly about their clients’ treatment unless they receive the government’s permission or the information otherwise becomes public. Disclosure of the torture memos and the Red Cross report gives detainee lawyers more leeway, but they should not have to parse their words under a threat of prosecution.

Note: For many reports from major media sources detailing the disturbing government threats to civil liberties, click here.

Hints That Detainees May Be Held on U.S. Soil
2009-05-01, New York Times
Posted: 2009-05-03 22:30:48
http://www.nytimes.com/2009/05/01/us/politics/01gitmo.html

As many as 100 detainees at the prison at Guantánamo Bay, Cuba, could end up held without trial on American soil, Defense Secretary Robert M. Gates suggested Thursday, a situation that he acknowledged would create widespread if not unanimous opposition in Congress. The estimate was the most specific yet from the Obama administration about how many of the 241 prisoners at Guantánamo could not be safely released, sent to other countries or appropriately tried in American courts. Mr. Gates said discussions had started this week with the Justice Department about determining how many of the Guantánamo detainees could not be sent to other countries or tried in courts. He did not say which detainees might be in that group, but independent experts have said it probably would include terrorism suspects whom the military has not yet brought charges against, among them detainees from Yemen and the Qaeda figure Abu Zubaydah, who was subjected to brutal interrogation in secret prisons run by the Central Intelligence Agency. He did not say ... under what law they would be held. The Obama administration is debating how to establish a legal basis for incarcerating detainees deemed too dangerous to be released but not appropriate to be tried because of potential problems posed by their harsh interrogations, the evidence against them or other issues. Mr. Gates said he had asked for $50 million in supplemental financing in case a facility needed to be built quickly for the detainees.

Note: Ironically, it would seem from these plans revealed by Gates that closing the prison in Guantanamo is going to be used as the pretext to establish indefinite detention, without the right of habeas corpus, on American soil. But the reason for the widespread demand to close the prison is precisely to end such detentions! Do they think no one will notice? For many revealing reports from reliable sources on government attempts to erode civil liberties, click here.

Officials Say U.S. Wiretaps Exceeded Law
2009-04-16, New York Times
Posted: 2009-04-25 08:46:55
http://www.nytimes.com/2009/04/16/us/16nsa.html?partner=rss&emc=rss&pagewante...

The National Security Agency intercepted private e-mail messages and phone calls of Americans in recent months on a scale that went beyond the broad legal limits established by Congress last year, government officials said in recent interviews. Several intelligence officials, as well as lawyers briefed about the matter, said the N.S.A. had been engaged in “overcollection” of domestic communications of Americans. They described the practice as significant and systemic. The legal and operational problems surrounding the N.S.A.’s surveillance activities have come under scrutiny from the Obama administration, Congressional intelligence committees and a secret national security court. Congressional investigators say they hope to determine if any violations of Americans’ privacy occurred. It is not clear to what extent the agency may have actively listened in on conversations or read e-mail messages of Americans without proper court authority, rather than simply obtained access to them. While the N.S.A.’s operations in recent months have come under examination, new details are also emerging about earlier domestic-surveillance activities, including the agency’s attempt to wiretap a member of Congress, without court approval, on an overseas trip. After a contentious three-year debate that was set off by the disclosure in 2005 of the program of wiretapping without warrants that President George W. Bush approved after the Sept. 11 attacks, Congress gave the N.S.A. broad new authority to collect, without court-approved warrants, vast streams of international phone and e-mail traffic as it passed through American telecommunications gateways.

Note: For further disturbing reports from reliable sources on government efforts to establish total surveillance systems, click here.

Control of Cybersecurity Becomes Divisive Issue
2009-04-17, New York Times
Posted: 2009-04-25 08:45:13
http://www.nytimes.com/2009/04/17/us/politics/17cyber.html?partner=rss&emc=rs...

The National Security Agency has been campaigning to lead the government’s rapidly growing cybersecurity programs, raising privacy and civil liberties concerns among some officials who fear that the move could give the spy agency too much control over government computer networks. The security agency’s interest in taking over the dominant role has met resistance, including the resignation of the Homeland Security Department official who was until last month in charge of coordinating cybersecurity efforts throughout the government. Rod Beckstrom, who resigned in March as director of the National Cyber Security Center at the Homeland Security Department, said ... that he feared that the N.S.A.’s push for a greater role in guarding the government’s computer systems could give it the power to collect and analyze every e-mail message, text message and Google search conducted by every employee in every federal agency. Mr. Beckstrom said he believed that an intelligence service that is supposed to focus on foreign targets should not be given so much control over the flow of information within the United States government. To detect threats against the computer infrastructure — including hackers, viruses and intrusions by foreign agents and terrorists — cybersecurity guardians must have virtually unlimited access to networks. Mr. Beckstrom argues that those responsibilities should be divided among agencies. “I have very serious concerns about the concentration of too much power in one agency,” he said. “Power over information is so important, and it is so difficult to monitor, that we need to have checks and balances.”

Note: For further disturbing reports from reliable sources on government efforts to establish total surveillance systems, click here.

Interrogation Memos Detail Harsh Tactics by the C.I.A.
2009-04-17, New York Times
Posted: 2009-04-25 08:43:12
http://www.nytimes.com/2009/04/17/us/politics/17detain.html?partner=rss&emc=r...

The Justice Department ... made public detailed memos describing brutal interrogation techniques used by the Central Intelligence Agency, as President Obama sought to reassure the agency that the C.I.A. operatives involved would not be prosecuted. In dozens of pages of dispassionate legal prose, the methods approved by the Bush administration for extracting information from senior operatives of Al Qaeda are spelled out in careful detail — like keeping detainees awake for up to 11 straight days, placing them in a dark, cramped box or putting insects into the box to exploit their fears. The interrogation methods were authorized beginning in 2002, and some were used as late as 2005 in the C.I.A.’s secret overseas prisons. The United States prosecuted some Japanese interrogators at war crimes trials after World War II for waterboarding and other methods detailed in the memos. Together, the four memos give an extraordinarily detailed account of the C.I.A.’s methods and the Justice Department’s long struggle, in the face of graphic descriptions of brutal tactics, to square them with international and domestic law. Passages describing forced nudity, the slamming of detainees into walls, prolonged sleep deprivation and the dousing of detainees with water as cold as 41 degrees alternate with elaborate legal arguments concerning the international Convention Against Torture. The revelations may give new momentum to proposals for a full-blown investigation into Bush administration counterterrorism programs and possible torture prosecutions.

Note: For many revealing reports from major media sources on increasing threats to civil liberties, click here.

Judge rejects bid to derail wiretap challenge
2009-04-18, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2009-04-25 08:41:20
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/17/MN6O174O7E.DTL

A San Francisco federal judge rejected on Friday the Obama administration's attempt to derail a challenge to former President George W. Bush's electronic surveillance program by withholding a critical wiretap document. President Obama's Justice Department had appeared to defy a previous order by Chief U.S. District Judge Vaughn Walker to allow lawyers for an Islamic organization to see the classified document, which reportedly showed that the group had been wiretapped. The document, which the government accidentally sent to the Al-Haramain Islamic Foundation, could establish its right to sue over the legality of the program. Justice Department lawyers told Walker in February that he had no power to enforce his order, and indicated they would remove the document from his files if he planned to disclose it to Al-Haramain's lawyers. But after a federal appeals court denied the department's request to intervene, Walker told the government Friday to cooperate. "The United States should now comply with the court's orders," the judge said. He told lawyers for the administration and Al-Haramain to work out a protective order by May 8 that would maintain the document's secrecy after it had been shown to the Islamic group's lawyers. If the two sides can't agree, Walker said, he will issue his own protective order "under which this case may resume forward progress." The case is one of two before Walker challenging the constitutionality of the program that Bush secretly authorized in 2001 to intercept phone calls and e-mails between Americans and suspected foreign terrorists without seeking a court warrant, as required by a 1978 law.

Note: For more reports on government secrecy from reliable sources, click here.

Report Outlines Medical Workers’ Role in Torture
2009-04-07, New York Times
Posted: 2009-04-14 20:19:59
http://www.nytimes.com/2009/04/07/world/07detain.html?partner=rss&emc=rss&pag...

Medical personnel were deeply involved in the abusive interrogation of terrorist suspects held overseas by the Central Intelligence Agency, including torture, and their participation was a “gross breach of medical ethics,” a long-secret report by the International Committee of the Red Cross concluded. Based on statements by 14 prisoners who belonged to Al Qaeda and were moved to Guantánamo Bay, Cuba, in late 2006, Red Cross investigators concluded that medical professionals working for the C.I.A. monitored prisoners undergoing waterboarding, apparently to make sure they did not drown. Medical workers were also present when guards confined prisoners in small boxes, shackled their arms to the ceiling, kept them in frigid cells and slammed them repeatedly into walls, the report said. Facilitating such practices, which the Red Cross described as torture, was a violation of medical ethics even if the medical workers’ intentions had been to prevent death or permanent injury, the report said. But it found that the medical professionals’ role was primarily to support the interrogators, not to protect the prisoners, and that the professionals had “condoned and participated in ill treatment.” At times, according to the detainees’ accounts, medical workers “gave instructions to interrogators to continue, to adjust or to stop particular methods.” The Red Cross report was completed in 2007. It was obtained by Mark Danner, a journalist who has written extensively about torture, and posted Monday night with an article by Mr. Danner on the Web site of The New York Review of Books.

Note: Much of content of the Red Cross report was revealed in a March article by Mr. Danner and in a 2008 book, The Dark Side, by Jane Mayer, but the reporting of the Red Cross investigators’ conclusions on medical ethics and other issues are new.

Judge Rules Some Prisoners at Bagram Have Right of Habeas Corpus
2009-04-04, New York Times
Posted: 2009-04-11 07:02:54
http://www.nytimes.com/2009/04/03/washington/03bagram.html?partner=rss&emc=rs...

A federal judge ruled on Thursday that some prisoners held by the United States military in Afghanistan have a right to challenge their imprisonment, dealing a blow to government efforts to detain terrorism suspects for extended periods without court oversight. In a 53-page ruling that rejected a claim of unfettered executive power advanced by both the Bush and Obama administrations, United States District Judge John D. Bates said that three detainees at the United States’ Bagram Air Base had the same legal rights that the Supreme Court last year granted to prisoners held at the American naval base in Guantánamo Bay, Cuba. The three detainees — two Yemenis and a Tunisian — say that they were captured outside Afghanistan and taken to Bagram, and that they have been imprisoned for more than six years without trials. Arguing that they were not enemy combatants, the detainees want a civilian judge to review the evidence against them and order their release, under the constitutional right of habeas corpus. The importance of Bagram as a holding site for terrorism suspects captured outside Afghanistan and Iraq has increased under the Obama administration, which prohibited the Central Intelligence Agency from using its secret prisons for long-term detention and ordered the military prison at Guantánamo closed within a year. The administration had sought to preserve Bagram as a haven where it could detain terrorism suspects beyond the reach of American courts, telling Judge Bates in February that it agreed with the Bush administration’s view that courts had no jurisdiction over detainees there.

Note: For key articles from major media sources on threats to civil liberties, click here.

Detainee's Harsh Treatment Foiled No Plots
2009-03-29, Washington Post
Posted: 2009-04-05 19:48:38
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/28/AR20090328020...

When CIA officials subjected their first high-value captive, Abu Zubaida, to waterboarding and other harsh interrogation methods, they ... succeeded in breaking him, and the stories he told of al-Qaeda terrorism plots sent CIA officers around the globe chasing leads. In the end, though, not a single significant plot was foiled as a result of Abu Zubaida's tortured confessions, according to former senior government officials who closely followed the interrogations. Nearly all of the leads attained through the harsh measures quickly evaporated, while most of the useful information from Abu Zubaida -- chiefly names of al-Qaeda members and associates -- was obtained before waterboarding was introduced, they said. Moreover, within weeks of his capture, U.S. officials had gained evidence that made clear they had [falsely accused] Abu Zubaida. Abu Zubaida was not even an official member of al-Qaeda, according to a portrait of the man that emerges from court documents and interviews with current and former intelligence, law enforcement and military sources. Rather, he was a "fixer" for radical Muslim ideologues, and he ended up working directly with al-Qaeda only after Sept. 11 -- and that was because the United States stood ready to invade Afghanistan. Since 2006, Senate intelligence committee members have pressed the CIA, in classified briefings, to provide examples of specific leads that were obtained from Abu Zubaida through the use of waterboarding and other methods, according to officials familiar with the requests. The agency provided none, the officials said.

Note: Was the torture of Abu Zubaida an error, or was it for some other purpose than extracting information from him? For many reports which raise similar questions about the so-called "Global War on Terror", click here.

Spanish Court Considers Criminal Case Against Ex-Bush Officials
2009-03-29, Fox News/Associated Press
Posted: 2009-04-05 19:44:22
http://www.foxnews.com/politics/elections/2009/03/29/spanish-court-considers-...

A Spanish court has agreed to consider opening a criminal case against six former Bush administration officials, including former Attorney General Alberto Gonzales, over allegations they gave legal cover for torture at Guantanamo Bay, a lawyer in the case said Saturday. Human rights lawyers brought the case before leading anti-terror judge Baltasar Garzon, who agreed to send it on to prosecutors to decide whether it had merit, Gonzalo Boye, one of the lawyers who brought the charges, told The Associated Press. The ex-Bush officials are Gonzales; former undersecretary of defense for policy Douglas Feith; former Vice President Dick Cheney's chief of staff David Addington; Justice Department officials John Yoo and Jay S. Bybee; and Pentagon lawyer William Haynes. Spanish law allows courts to reach beyond national borders in cases of torture or war crimes under a doctrine of universal justice. Garzon became famous for bringing charges against former Chilean dictator Augusto Pinochet in 1998, and he and other Spanish judges have agreed to investigate alleged abuses everywhere from Tibet to Argentina's "dirty war," El Salvador and Rwanda. The officials are charged with providing a legal cover for interrogation methods like waterboarding against terrorism suspects at Guantanamo, which the Spanish human rights lawyers say amounted to torture. Yoo, for instance, wrote a series of secret memos that claimed the president had the legal authority to circumvent the Geneva Conventions.

Note: It is encouraging that at least Spanish courts view it as their responsibility to prosecute torturers. For more on torture and other attacks on civil liberties, click here.

Canada blocks outspoken British MP
2009-03-20, Toronto Star
Posted: 2009-03-28 08:48:58
http://www.thestar.com/news/canada/article/605682

Canadian officials have denied outspoken anti-war British MP George Galloway entry into Canada on grounds he poses a threat to national security. Alykhan Velshi, a spokesperson for Immigration Minister Jason Kenney, said today Galloway has openly supported Hamas, classified as a terrorist group in Canada, as well as other terrorists. Galloway, who was expected to begin a Canadian speaking tour in Toronto on March 30, called the ban outrageous. Galloway said his supposed support for Hamas amounted to leading an aid convoy into Gaza to break the "illegal siege" following the month-long Israeli incursion in January. "I led a convoy of 110 British vehicles, more than 300 British citizens, to break the illegal siege of Gaza just a few days ago. Most people in the world think that feeding people under siege is something to be commended rather than something to get you banned," he told the Star in a telephone interview from his London office. He noted that when news he was being denied entry to visit Canada first appeared in the British press, it was supposedly because he had expressed opposition to the NATO-led Afghan war. Some critics have called the government's decision to bar Galloway an attack on free speech. Galloway was expelled from the Labour Party in 2003 for urging British soldiers not to fight in Iraq. He formed his own party, Respect, and won re-election to the Commons in 2005.

The 9/11 Commission and Torture
2009-03-14, Newsweek Magazine
Posted: 2009-03-28 08:47:01
http://www.newsweek.com/id/189251

Powerful Democrats on Capitol Hill are clamoring for creation of a bipartisan "9/11 style" commission to investigate the legality of the Bush administration's antiterrorism tactics—especially its use of harsh interrogation techniques. The case for a "truth" commission was bolstered by the disclosure this month that the CIA had destroyed 92 videotapes of the interrogations and confinement of Al Qaeda suspects. A dozen showed the use of ... torture. Lawmakers say the obvious model for such an inquiry would be the 9/11 Commission. [But] the commission appears to have ignored obvious clues throughout 2003 and 2004 that its account of the 9/11 plot and Al Qaeda's history relied heavily on information obtained from detainees who had been subjected to torture, or something not far from it. The [Commission] raised no public protest over the CIA's interrogation methods. In fact, the Commission demanded that the CIA carry out new rounds of interrogations in 2004 to get answers to its questions. That has troubling implications for the credibility of the commission's final report. In intelligence circles, testimony obtained through torture is typically discredited; research shows that people will say anything under threat of intense physical pain. Former senator Bob Kerrey of Nebraska, a Democrat on the commission, told me last year he had long feared that the investigation depended too heavily on the accounts of Al Qaeda detainees who were physically coerced into talking. Kerrey said it might take "a permanent 9/11 commission" to end the remaining mysteries of September 11.

Note: For key statements by hundreds of respected scholars and professionals questioning the accuracy of the 9/11 Commission's report, click here.

Secret Bush Anti-Terror Memos Revealed
2009-03-02, CBS News/Associated Press
Posted: 2009-03-14 07:59:21
http://www.cbsnews.com/stories/2009/03/02/national/main4839662.shtml

The Obama administration threw open the curtain on years of Bush-era secrets Monday, revealing anti-terror memos that claimed exceptional search-and-seizure powers and divulging that the CIA destroyed nearly 100 videotapes of interrogations and other treatment of terror suspects. The Justice Department released nine legal opinions showing that, following the Sept. 11, 2001, terrorist attacks, the Bush administration determined that certain constitutional rights would not apply during the coming fight. Within two weeks, government lawyers were already discussing ways to wiretap U.S. conversations without warrants. An October 2001 memo by the Justice Department's John Yoo authorized the use of the U.S. military within the United States in combating terrorists. Yoo defined the 9/11 attacks as "war" and therefore concluded the President could employ the military domestically in a "military action" rather than a police action. Under Posse Comitatus Act, the American armed forces are forbidden from operating domestically. A March 2003 memo gave the President broad powers to transfer captured al Qaeda and Taliban prisoners to third countries. It also stipulated that the torture provisions of the Geneva Convention did not apply, because these prisoners were "non state" enemy combatants and therefore not entitled to Geneva protections. The Obama administration also acknowledged in court documents Monday that the CIA destroyed 92 videos involving terror suspects, including interrogations - far more than had been known.

Note: For key reports from major media sources on the hidden realities of the war on terror, click here.

Terrorist threat 'exploited to curb civil liberties'
2009-02-17, The Independent (One of the U.K.'s leading newspapers)
Posted: 2009-02-21 09:48:22
http://www.independent.co.uk/news/uk/politics/terrorist-threat-exploited-to-c...

Britain and America have led other countries in "actively undermining" the rule of law and "threatening civil liberties" in the guise of fighting terrorism, international jurists have charged in a report published yesterday. The three-year study calls for urgent measures to stop the erosion of individual freedom by states and [for] the abandoning of draconian measures brought on with the "War on Terror". The legal framework which broadly existed in democratic countries before 9/11 was "sufficiently robust to meet current threats" said the International Commission of Jurists. Instead, a series of security measures were brought in, many of which were illegal. One worrying development ... was that liberal democracies such as the UK and US have been at the forefront of advocating the new aggressive policies and that has given totalitarian regimes the excuse to bring in their own repressive laws. The ICJ panel, which included Mary Robinson, the former Irish president and United Nations Human Rights Commissioner and Arthur Chaskelson, the former president of the South African constitutional court, gathered their evidence from 40 countries. They took testimony from government officials, ministers, and people in prison for alleged terrorist offences. The actions of the US [have] immense influence on the behaviour of other countries, the study maintained, and the jurists called on President Barack Obama to repeal policies which came with the "war on terror paradigm" and were inconsistent with international human rights law.

Note: To read the ICJ Eminent Jurists Panel's full Report on Terrorism, Counter-Terrorism and Human Rights, click here. For many disturbing reports from major media sources on the increasing threats from states to civil liberties under the pretext of fighting terrorism, click here.

Obama administration defending Bush secrets
2009-02-16, MSNBC/Associated Press
Posted: 2009-02-21 09:44:37
http://www.msnbc.msn.com/id/29225492/

Despite President Barack Obama's vow to open government more than ever, the Justice Department is defending Bush administration decisions to keep secret many documents about domestic wiretapping, data collection on travelers and U.S. citizens, and interrogation of suspected terrorists. "The signs in the last few days are not ... encouraging," said Jameel Jaffer, an attorney for the American Civil Liberties Union, which filed several lawsuits seeking the Bush administration's legal rationales for warrantless domestic wiretapping and for its treatment of terrorism detainees. The documents sought in these lawsuits "are in many cases the documents that the public most needs to see," Jaffer said. "It makes no sense to say that these documents are somehow exempt from President Obama's directives." Groups that advocate open government, civil liberties and privacy were overjoyed that Obama on his first day in office reversed the FOIA policy imposed by Bush's first attorney general, John Ashcroft. Obama pledged "an unprecedented level of openness in government" and ordered new FOIA guidelines written with a "presumption in favor of disclosure." But Justice's actions in courts since then have cast doubt on how far the new administration will go. "This is not change," said ACLU executive director Anthony Romero. "President Obama's Justice Department has disappointingly reneged" on his promise to end "abuse of state secrets."

Note: For lots more on state secrecy from reliable, verifiable sources, click here.

Obama preserves renditions as counter-terrorism tool
2009-02-01, Los Angeles Times
Posted: 2009-02-06 09:23:58
http://www.latimes.com/news/nationworld/washingtondc/la-na-rendition1-2009feb...

The CIA's secret prisons are being shuttered. Harsh interrogation techniques are off-limits. And Guantanamo Bay will eventually go back to being a wind-swept naval base on the southeastern corner of Cuba. But even while dismantling these programs, President Obama left intact an equally controversial counter-terrorism tool. Under executive orders issued by Obama recently, the CIA still has authority to carry out what are known as renditions, secret abductions and transfers of prisoners to countries that cooperate with the United States. Current and former U.S. intelligence officials said that the rendition program might be poised to play an expanded role going forward because it was the main remaining mechanism -- aside from Predator missile strikes -- for taking suspected terrorists off the street. The rendition program became a source of embarrassment for the CIA, and a target of international scorn, as details emerged in recent years of botched captures, mistaken identities and allegations that prisoners were turned over to countries where they were tortured. The European Parliament condemned renditions as "an illegal instrument used by the United States." Prisoners swept up in the program have sued the CIA as well as a Boeing Co. subsidiary accused of working with the agency on dozens of rendition flights. But the Obama administration appears to have determined that the rendition program was one component of the Bush administration's war on terrorism that it could not afford to discard. The decision underscores the fact that the [War on Terror] is far from over.

Note: For key reports from reliable sources on the hidden realities of the War on Terror, click here.

Intelligence Agencies' Databases Set to Be Linked
2009-01-22, Wall Street Journal
Posted: 2009-02-06 09:13:56
http://online.wsj.com/article/SB123258232280204323.html

U.S. spy agencies' sensitive data should soon be linked by Google-like search systems. Director of National Intelligence Mike McConnell has launched a sweeping technology program to knit together the thousands of databases across all 16 spy agencies. After years of bureaucratic snafus, intelligence analysts will be able to search through secret intelligence files the same way they can search public data on the Internet. Linking up the 16 agencies is the challenge at the heart of the job of director of national intelligence, created after 9/11. The new information program also is designed to include Facebook-like social-networking programs and classified news feeds. It includes enhanced security measures to ensure that only appropriately cleared people can access the network. The price tag is expected to be in the billions of dollars. The impact for analysts, Mr. McConnell says, "will be staggering." Not only will analysts have vastly more data to examine, potentially inaccurate intelligence will stand out more clearly, he said. Today, an analyst's query might scan only 5% of the total intelligence data in the U.S. government, said a senior intelligence official. Even when analysts find documents, they sometimes can't read them without protracted negotiations to gain access. Under the new system, an analyst would likely search about 95% of the data, the official said.

Note: For key reports from reliable sources on the hidden realities of the War on Terror, click here.

Immigrant advocates decry new rules on courts, DNA
2009-01-09, San Francisco Chronicle/Associated Press
Posted: 2009-01-16 08:59:58
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/01/08/national/w131950S...

Civil liberties and immigrant rights advocates expressed outrage over a Department of Justice rule that took effect Friday, mandating federal agencies to collect DNA samples from anyone who is arrested and foreigners detained by immigration authorities. The rule aims to help federal law enforcement agencies solve and deter crimes by expanding the country's DNA database, which is overseen by the FBI. The government also hopes that sampling immigrant detainees will help law enforcement hold them accountable for any crimes they committed in the United States. The rule ... sparked outcry from civil liberties advocates. "We should not be taking DNA, which contains highly personal information, from people merely upon suspicion they've done something wrong," said Larry Frankel, state legislative counsel for the American Civil Liberties Union in Washington, D.C. "This completely reverses the notion someone is innocent until proven guilty." Justice officials have estimated the DNA rule would put 1.2 million DNA samples into the federal DNA database each year. Thirteen states already collect DNA samples from some people who had been arrested, according to a 2008 survey by the National Conference of State Legislatures. Nearly all limit the practice to arrests related to violent crimes or felonies. At the federal level, officials will take a cheek swab for DNA from arrestees along with fingerprints regardless of the nature of the offense, according to the Department of Justice.

Note: For many disturbing reports from major media sources on threats to civil liberties, click here.

Foundations are in place for martial law in the US
2002-07-21, Sydney Morning Herald
Posted: 2009-01-16 08:42:34
http://www.smh.com.au/articles/2002/07/27/1027497418339.html

Recent pronouncements from the Bush Administration and national security initiatives put in place in the Reagan era could see internment camps and martial law in the United States. When president Ronald Reagan was considering invading Nicaragua he issued a series of executive orders that provided the Federal Emergency Management Agency (FEMA) with broad powers in the event of a "crisis" such as "violent and widespread internal dissent or national opposition against a US military invasion abroad". On July 20 the Detroit Free Press ran a story entitled "Arabs in US could be held, official warns". The story referred to a member of the US Civil Rights Commission who foresaw the possibility of internment camps for Arab Americans. FEMA has practised for such an occasion. FEMA, whose main role is disaster response, is also responsible for handling US domestic unrest. From 1982-84 Colonel Oliver North assisted FEMA in drafting its civil defence preparations. They included executive orders providing for suspension of the constitution, the imposition of martial law, internment camps, and the turning over of government to the president and FEMA. A Miami Herald article on July 5, 1987, reported that the former FEMA director Louis Guiffrida's deputy, John Brinkerhoff, handled the martial law portion of the planning. Today Mr Brinkerhoff is with the highly influential Anser Institute for Homeland Security.

Note: Most of these provisions are still in place today. Isn't it time for a change?

More Groups Than Thought Monitored in Police Spying
2009-01-04, Washington Post
Posted: 2009-01-09 08:31:20
http://www.washingtonpost.com/wp-dyn/content/article/2009/01/03/AR20090103019...

The Maryland State Police surveillance of advocacy groups was far more extensive than previously acknowledged, with records showing that troopers monitored -- and labeled as terrorists -- activists devoted to such wide-ranging causes as promoting human rights and establishing bike lanes. Intelligence officers created a voluminous file on Norfolk-based People for the Ethical Treatment of Animals, calling the group a "security threat" because of concerns that members would disrupt the circus. Angry consumers fighting a 72 percent electricity rate increase in 2006 were targeted. The DC Anti-War Network, which opposes the Iraq war, was designated a white supremacist group, without explanation. One of the possible "crimes" in the file police opened on Amnesty International, a world-renowned human rights group: "civil rights." The [surveillance] ... confirmed the fears of civil liberties groups that have warned about domestic spying since the Sept. 11, 2001, attacks. "No one was thinking this was al-Qaeda," said Stephen H. Sachs, a former U.S. attorney and state attorney general appointed by Gov. Martin O'Malley (D) to review the case. "But 9/11 created an atmosphere where cutting corners was easier." Maryland has not been alone. The FBI and police departments in several cities, including Denver in 2002 and New York before the 2004 Republican National Convention, also responded to [dissent] by spying on activists.

Note: For wide coverage from reliable sources of disturbing threats to civil liberties, click here.

Sex slavery: Living the American nightmare
2008-12-22, MSNBC
Posted: 2009-01-09 08:24:46
http://www.msnbc.msn.com/id/28161210/

When FBI and immigration agents arrested a 28-year-old Guatemalan woman three months ago in Los Angeles, they announced that they had shut down one of the most elaborate sex trafficking rings in the country. But it was one of only a few such cases to be spotlighted by national media, contributing to the false impression that cases of immigrant sex trafficking are isolated incidents. The reality is that human trafficking goes on in nearly every American city and town, said Lisette Arsuaga, director of development for the Coalition to Abolish Slavery and Trafficking, a human rights organization in Los Angeles. Her assessment is shared by authorities in Bexar County, Texas, where the Sheriff’s Office has formed a task force with Shared Hope International, an anti-slavery organization founded by former Rep. Linda Smith, D-Wash. Bexar County is considered a crossroads of the cross-border Mexican sex slave trade. Federal officials agree that the trafficking of human beings as sex slaves is far more prevalent than is popularly understood. While saying it is difficult to pinpoint the scope of the industry, given its shadowy nature ... officials estimated that it likely generates more than $9.5 billion a year. The Justice Department maintains a human trafficking hotline at 1-888-428-7581. “We’ve come to learn that cases of trafficking are all around us in plain sight,” [Carmen Pitre, executive director of the Task Force on Family Violence,] said. “Today, you can buy a human being for $200 in any major city in the world.”

Known Unknowns: Uncoventional "Strategic Shocks" in Defense Strategy Development
2008-11-01, U.S. Army Website, Strategic Studies Institute
Posted: 2009-01-02 09:17:47
http://www.strategicstudiesinstitute.army.mil/pdffiles/PUB890.pdf

Widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security. Deliberate employment of weapons of mass destruction or other catastrophic capabilities, unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters are all paths to disruptive domestic shock. An American government and defense establishment lulled into complacency by a long-secure domestic order would be forced to rapidly divest some or most external security commitments in order to address rapidly expanding human insecurity at home. Already predisposed to defer to the primacy of civilian authorities in instances of domestic security and divest all but the most extreme demands in areas like civil support and consequence management, DoD might be forced by circumstances to put its broad resources at the disposal of civil authorities to contain and reverse violent threats to domestic tranquility. Under the most extreme circumstances, this might include use of military force against hostile groups inside the United States. Further, DoD would be, by necessity, an essential enabling hub for the continuity of political authority in a multi-state or nationwide civil conflict or disturbance.

Note: For an analysis which deconstructs the opaque military jargon in which this revealing strategic document is written, click here. Use of military forces to maintain domestic order has been forbidden since 1878 by the Posse Comitatus Act. The Pentagon appears to be planning to abrogate this key support of civil liberties.

Bailiffs get power to use force on debtors
2008-12-21, Times of London
Posted: 2009-01-02 09:16:08
http://www.timesonline.co.uk/tol/news/politics/article5375668.ece

The [U.K.] government has been accused of trampling on individual liberties by proposing wide-ranging new powers for bailiffs to break into homes and to use “reasonable force” against householders who try to protect their valuables. Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card bills and loans. “These laws strip away tried and tested protections that make a person’s home his castle, and which have stood for centuries,” said Paul Nicolson, chairman of the Zacchaeus 2000 Trust, a London-based welfare charity. “They could clearly lead to violent confrontations and undermine fundamental liberties.” Bailiffs have for hundreds of years been denied powers to break into homes for civil debt or to use force against debtors, except in self-defence. Ministers have now proposed bailiffs be given powers to physically remove debtors who try to defend their property, for example by draping themselves over a car or blocking the door of their home. Details of the new guidelines were obtained under freedom of information laws. Reasonable grounds for breaking down the door include the “movement of a curtain”, a radio being heard or a figure being spotted inside which “may be the offender”. In one case, an 89-year-old grandmother returned home to find a bailiff sitting in her chair having drawn up a list of her possessions. He was pursuing a parking fine owed by her son, who did not even live at the address.

Note: For many disturbing reports from reliable sources on threats to civil liberties, click here.

Ariz. police say they are prepared as War College warns military must prep for unrest
2008-12-17, Phoenix Business Journal
Posted: 2008-12-26 09:25:35
http://www.bizjournals.com/phoenix/stories/2008/12/15/daily34.html

A new report by the U.S. Army War College talks about the possibility of Pentagon resources and troops being used should the economic crisis lead to civil unrest, such as protests against businesses and government or runs on beleaguered banks. �Widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security,� said the War College report. The study says economic collapse ... and loss of legal order are among possible domestic shocks that might require military action within the U.S.. U.S. Sen. James Inhofe, R-Okla., and U.S. Rep. Brad Sherman, D-Calif., both said U.S. Treasury Secretary Henry Paulson brought up a worst-case scenario as he pushed for the Wall Street bailout in September. Paulson ... said that might even require a declaration of martial law, the two noted. State and local police in Arizona say they have broad plans to deal with social unrest, including trouble resulting from economic distress. The security and police agencies declined to give specifics, but said they would employ existing and generalized emergency responses to civil unrest that arises for any reason. �The Phoenix Police Department is not expecting any civil unrest at this time, but we always train to prepare for any civil unrest issue. We have a Tactical Response Unit that trains continually and has deployed on many occasions for any potential civil unrest issue,� said Phoenix Police spokesman Andy Hill.

Note: Use of military forces to maintain domestic order has been forbidden since 1878 by the Posse Comitatus Act. The Pentagon appears to be planning to abrogate this key support of civil liberties.

Report on Detainee Abuse Blames Top Bush Officials
2008-12-12, Washington Post
Posted: 2008-12-19 07:42:53
http://www.washingtonpost.com/wp-dyn/content/article/2008/12/11/AR20081211019...

A bipartisan panel of senators has concluded that former defense secretary Donald H. Rumsfeld and other top Bush administration officials bear direct responsibility for the harsh treatment of detainees at Guantanamo Bay, and that their decisions led to more serious abuses in Iraq and elsewhere. In the most comprehensive critique by Congress of the military's interrogation practices, the Senate Armed Services Committee issued a report yesterday that accuses Rumsfeld and his deputies of being the authors and chief promoters of harsh interrogation policies that disgraced the nation and undermined U.S. security. "The abuse of detainees in U.S. custody cannot simply be attributed to the actions of 'a few bad apples' acting on their own," the report states. "The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees." Human rights and constitutional law organizations have urged further action, ranging from an independent commission to prosecutions of those involved in authorizing the interrogations. Michael Ratner, president of the Center for Constitutional Rights, which has helped defend detainees at Guantanamo, said the committee report is valuable because "it's official, it's bipartisan. It's open and explicit, going right to Rumsfeld and having Rice involved," Ratner said. "It breaks new ground in saying that the [torture] techniques basically don't work . . . that they're actually designed to elicit false confessions."

Note: To read the full report, click here. For many key reports from major media sources detailing US torture and war crimes in Iraq and Afghanistan, click here.

CIA Helped Shoot Down 15 Civilian Planes
2008-12-11, CBS News/Associated Press
Posted: 2008-12-19 07:36:39
http://www.cbsnews.com/stories/2008/12/11/world/main4664791.shtml

With the help of CIA spotters, the Peruvian air force shot down 15 small civilian aircraft suspected of carrying drugs, in many cases without warning and within two to three minutes of being sighted, a U.S. lawmaker said Thursday. It was the first public disclosure of the number of planes shot down between 1995 and 2001 as part of the Airbridge Denial Program, a CIA counternarcotics effort that killed an innocent American missionary, Veronica Bowers, and her infant daughter in 2001. Michigan Rep. Pete Hoekstra, senior Republican on the Intelligence Committee of the House of Representatives, told The Associated Press most of the 15 planes shot down with the help of the CIA crashed in the jungle. The wreckage has not been or could not be examined to ascertain whether narcotics were aboard the aircraft. "The Bowers could have gone in the same category if they had crashed in the jungle," Hoekstra said, speaking of the missionary family from Hoekstra's state, Michigan. The Bowers' plane made an emergency river landing after it was hit. Excerpts from a CIA inspector general's report released in November raised questions about whether the missionaries' plane was the only craft mistakenly suspected of drug smuggling. The CIA report said that in most of the shootdowns, pilots fired on aircraft "without being properly identified, without being given the required warnings to land, and without being given time to respond to such warnings as were given to land."

Note: For many key reports from major media sources on government corruption, click here.

Spying on pacifists, environmentalists and nuns
2008-12-07, Los Angeles Times
Posted: 2008-12-12 11:57:14
http://www.latimes.com/news/nationworld/nation/la-na-cop-spy7-2008dec07,0,734...

To friends in the protest movement, Lucy was an eager 20-something who attended their events and sent encouraging e-mails to support their causes. Only one thing seemed strange. "At one demonstration, I remember her showing up with a laptop computer and typing away," said Mike Stark, who helped lead the anti-death-penalty march in Baltimore that day. "We all thought that was odd." Not really. The woman was an undercover Maryland State Police trooper who between 2005 and 2007 infiltrated more than two dozen rallies and meetings of nonviolent groups. Maryland officials now concede that, based on information gathered by "Lucy" and others, state police wrongly listed at least 53 Americans as terrorists in a criminal intelligence database -- and shared some information about them with half a dozen state and federal agencies, including the National Security Agency. Among those labeled as terrorists: two Catholic nuns, a former Democratic congressional candidate, a lifelong pacifist and a registered lobbyist. One suspect's file warned that she was "involved in puppet making and allows anarchists to utilize her property for meetings." "There wasn't a scintilla of illegal activity" going on, said David Rocah, an attorney for the American Civil Liberties Union, which filed a lawsuit and in July obtained the first surveillance files. State police have released other heavily redacted documents. Investigators, the files show, targeted groups that advocated against abortion, global warming, nuclear arms, military recruiting in high schools and biodefense research, among other issues.

Note: For lots more on increasing threats to civil liberties, click here.

Pentagon to Detail Troops to Bolster Domestic Security
2008-12-01, Washington Post
Posted: 2008-12-05 10:53:14
http://www.washingtonpost.com/wp-dyn/content/article/2008/11/30/AR20081130022...

The U.S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials. Critics of the change, in the military and among civil liberties groups and libertarians ... express concern that the new homeland emphasis threatens to ... undermine the Posse Comitatus Act, a 130-year-old federal law restricting the military's role in domestic law enforcement. The Pentagon's plan calls for three rapid-reaction forces to be ready for emergency response by September 2011. The first 4,700-person unit, built around an active-duty combat brigade based at Fort Stewart, Ga., was available as of Oct. 1, said Gen. Victor E. Renuart Jr., commander of the U.S. Northern Command. Two additional teams will join nearly 80 smaller National Guard and reserve units made up of about 6,000 troops in supporting local and state officials nationwide. All would be trained to respond to a domestic chemical, biological, radiological, nuclear, or high-yield explosive attack, or CBRNE event, as the military calls it. In 2005, a new Pentagon homeland defense strategy emphasized "preparing for multiple, simultaneous mass casualty incidents." In late 2007, Deputy Defense Secretary Gordon England signed a directive approving more than $556 million over five years to set up the three response teams, known as CBRNE Consequence Management Response Forces [CCMRF].

Note: For many reports from major media sources of increasing threats to civil liberties, click here.

Intelligence Policy to Stay Largely Intact
2008-11-11, Wall Street Journal
Posted: 2008-11-22 09:14:32
http://online.wsj.com/article/SB122636726473415991.html

President-elect Barack Obama is unlikely to radically overhaul controversial Bush administration intelligence policies, advisers say, an approach that is almost certain to create tension within the Democratic Party. Mr. Obama is being advised largely by a group of intelligence professionals ... who have supported Republicans. The intelligence-transition team is led by former National Counterterrorism Center chief John Brennan and former CIA intelligence-analysis director Jami Miscik, say officials close to the matter. Mr. Brennan is viewed as a potential candidate for a top intelligence post. Ms. Miscik left amid a slew of departures from the CIA under then-Director Porter Goss. Mr. Brennan is a leading contender for one of the two jobs, say some advisers. He declined to comment. Gen. James L. Jones, a former North Atlantic Treaty Organization commander; Thomas Fingar, the chief of analysis for the intelligence director; Joan A. Dempsey, who served in top intelligence and Pentagon posts; former Rep. Tim Roemer of Indiana, who served on the 9/11 Commission; and [Rep. Jane] Harman have also been mentioned. Ms. Harman has also been cited as a potential secretary of homeland security.

Note: According to the New York Times, John O. Brennan, president-elect Obama's intelligence-transition leader and a top candidate for director of national intelligence or the CIA in the Obama administration, "[was] a senior adviser to [CIA Director George] Tenet in 2002 [and] was present at the creation of the C.I.A.’s controversial detention and interrogation program." Jane Harman has been the principal Congressional proponent of the Violent Radicalization and Homegrown Terrorism Prevention Act, with its McCarthyesque provisions for criminalizing political thought. For more on increasing threats to civil liberties from reliable sources, click here.

U.S. Air Force investigates Gitmo war court director
2008-10-25, Miami Herald
Posted: 2008-11-07 08:55:36
http://www.miamiherald.com/news/miami-dade/breaking-news/story/741796.html

The Air Force is investigating a top official in the Guantánamo war crimes trials following complaints that he inappropriately sought to influence the prosecution of cases. Defense lawyers and human rights groups have accused Air Force Brig. Gen. Thomas Hartmann, who supervised the prosecution of enemy combatants at Guantánamo Bay until he was reassigned last month, of lacking neutrality and pushing for premature prosecutions to rally public support for the tribunals. Air Force Maj. David Frakt, a military defense lawyer who has represented several Guantánamo detainees, said the probe was launched after he and others alerted authorities about possible ethical violations by Hartmann. Frakt said that he informed his superiors in July of concerns regarding Hartmann's "unprofessional conduct" and "lack of candor," and that the investigation could result in professional sanctions and might give some detainees grounds to challenge actions that Hartmann took in cases against them. Hartmann was removed as legal adviser for the Guantánamo trials in September. He continues to oversee the tribunals in his new post, but is not directly involved with prosecutors. Military judges have already barred him from participating in three Guantánamo trials, saying he lacked impartiality and aligned himself too closely with prosecutors. The investigation is proof that serious questions remain about the tribunals' fairness, said Jennifer Daskal, a lawyer for Human Rights Watch, which has lobbied on behalf of the detainees. "The Department of Defense has absolutely refused to clean house."

Note: For many disturbing reports on threats to civil liberties from major media sources, click here.

Passports will be needed to buy mobile phones
2008-10-19, Times of London
Posted: 2008-10-25 08:51:29
http://www.timesonline.co.uk/tol/news/politics/article4969312.ece

Everyone who buys a mobile telephone will be forced to register their identity on a national database under government plans to extend massively the powers of state surveillance. Phone buyers would have to present a passport or other official form of identification at the point of purchase. Privacy campaigners fear it marks the latest government move to create a surveillance society. A compulsory national register for the owners of all 72m mobile phones in Britain would be part of a much bigger database. Whitehall officials have raised the idea of a register containing the names and addresses of everyone who buys a phone in recent talks with Vodafone and other telephone companies, insiders say. The move is targeted at monitoring the owners of Britain’s estimated 40m prepaid mobile phones. They can be purchased with cash by customers who do not wish to give their names, addresses or credit card details. The pay-as-you-go phones are popular with criminals ... because their anonymity shields their activities from the authorities. But they are also used by thousands of law-abiding citizens who wish to communicate in private. The move aims to close a loophole in plans being drawn up by GCHQ, the government’s eavesdropping centre in Cheltenham, to create a huge database to monitor and store the internet browsing habits, e-mail and telephone records of everyone in Britain.

Note: For many disturbing reports on increasing threats to privacy, click here.

Wiretap lawsuit defense challenged in court
2008-10-18, San Francisco Chronicle (San Francisco's leading newspaper
Posted: 2008-10-25 08:50:03
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/18/BATN13JVOG.DTL

Civil liberties groups started a legal challenge ... to the new federal law designed to dismiss their wiretapping suits against telecommunications companies, saying the statute violates phone customers' constitutional rights and tramples on judicial authority. The law ... granted retroactive protection to AT&T, Verizon and other companies against lawsuits accusing them of illegally sharing their telephone and e-mail networks and millions of customer records with the National Security Agency. Almost 40 such suits from around the nation are pending before Chief U.S. District Judge Vaughn Walker in San Francisco. The law requires him to dismiss the cases if the Justice Department tells him the companies had cooperated in a surveillance program authorized by President Bush. Details of the department's filing and the judge's dismissal order are to be kept secret. The American Civil Liberties Union and the Electronic Frontier Foundation attacked the secrecy requirements and argued that Congress and President Bush lack authority to order courts to whitewash constitutional violations. "If Congress can give the executive the power to exclude the judiciary from considering the constitutional claims of millions of Americans ... then the judiciary will no longer be functioning as a coequal branch of government," Cindy Cohn, the foundation's legal director, said in court papers. She said the law's secrecy makes the proceedings one-sided. "Due process requires more than the chance to shadow-box with the government," Cohn wrote.

Note: For many reports from reliable, verifiable sources on threats to civil liberties, click here.

Exclusive: Inside Account of U.S. Eavesdropping on Americans
2008-10-09, ABC News
Posted: 2008-10-17 08:07:31
http://abcnews.go.com/Blotter/Story?id=5987804&page=1

Hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia. "These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones," said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA's Back Hall at Fort Gordon from November 2001 to 2003. She said US military officers, American journalists and American aid workers were routinely intercepted and "collected on" as they called their offices or homes in the United States. Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad's Green Zone from late 2003 to November 2007. Both former intercept operators came forward at first to speak with investigative journalist [James] Bamford for a book on the NSA, The Shadow Factory, to be published next week. "It's extremely rare," said Bamford, who has written two previous books on the NSA, including the landmark Puzzle Palace which first revealed the existence of the super secret spy agency. "Both of them felt that what they were doing was illegal and improper, and immoral, and it shouldn't be done, and that's what forces whistleblowers."

Note: For many reports from major media sources of disturbing threats to privacy, click here.

The Ultra-Secret NSA from 9/11 to the Eavesdropping on America
2008-10-14, Washington Post
Posted: 2008-10-17 08:01:59
http://www.washingtonpost.com/wp-dyn/content/discussion/2008/10/09/DI20081009...

By exploring the current, post-9/11 operations of the NSA [National Security Agency, James] Bamford ... goes where congressional oversight committees and investigative journalists still struggle to go. [When] the Bush administration declared its ... global war on terror, Congress agreed to most of the White House's demands. According to Bamford, the NSA's expanded powers and resources enabled it to collect communications both inside and outside the United States. He quotes a former NSA employee as a witness to the agency's spying on the conversations of Americans who have no connection to terrorism. After suing the NSA for documents, [Bamford] obtained considerable evidence that telecommunication companies (with the notable exception of Qwest) knowingly violated U.S. law by cooperating with the NSA to tap fiber optic lines. In impressive detail, The Shadow Factory: The Ultra-Secret NSA from 9/11 to the Eavesdropping on America tells how private contractors, including some little-known entities with foreign owners, have done the sensitive work of storing and processing the voices and written data of Americans and non-Americans alike. In the book, he offers new revelations about the National Security Agency's counterterrorism tactics, including its controversial domestic surveillance programs. Bamford warns of worse to come: 'There is now the capacity to make tyranny total in America. Only law ensures that we never fall into that abyss -- the abyss from which there is no return.'"

Note: Bamford is the author of two other books on the NSA: Body of Secrets and The Puzzle Palace.

Appeals court blocks release of Guantanamo detainees
2008-10-08, McClatchy Newspapers
Posted: 2008-10-17 07:59:07
http://www.mcclatchydc.com/251/story/53677.html

A federal appeals court temporarily blocked the release of 17 Chinese-born Muslims detained at Guantanamo Bay, Cuba, a day after a landmark decision required them to be shipped to the U.S. The move Wednesday night by the U.S. Court of Appeals for the District of Columbia Circuit sets the stage for a protracted court battle over the fate of the men, who've been held for nearly seven years despite being cleared for release by the U.S. military. Tuesday, U.S. District Judge Ricardo Urbina had ordered the Bush administration to transfer the men to the U.S. by Friday. The Justice Department had launched a down-to-the wire effort to stop the release of the men from the ethnic Uighur minority by seeking an emergency delay of the ruling. If the court had refused to act, the Bush administration had threatened to ask the Supreme Court to intervene. Attorneys for the group, however, reacted with disappointment. "Seventeen men were told yesterday that they were going to be released after nearly seven years of wrongful detention," said Emi MacLean, an attorney for the Center for Constitutional Rights, which coordinates the representation of detainees including the Uighurs. "Now, they have to be told that their detention will continue to be indefinite." Urbina's decision marked the first time a court had ordered the transfer of Guantanamo detainees to the U.S. and could have prompted the release of others who've been cleared by the military. Urbina declared the continued detention of the Uighurs to be "unlawful" and said the government could no longer detain them after conceding they weren't enemy combatants.

Note: For many reports on the Bush/Cheney administration's unlawful denials of civil liberties, click here.

Satellite-Surveillance Program to Begin Despite Privacy Concerns
2008-10-01, Wall Street Journal
Posted: 2008-10-17 07:57:21
http://online.wsj.com/article/SB122282336428992785.html

The Department of Homeland Security will proceed with the first phase of a controversial satellite-surveillance program, even though an independent review found the department hasn't yet ensured the program will comply with privacy laws. Congress provided partial funding for the program in a little-debated $634 billion spending measure that will fund the government until early March. For the past year, the Bush administration had been fighting Democratic lawmakers over the spy program, known as the National Applications Office. The program is designed to provide federal, state and local officials with extensive access to spy-satellite imagery. Since the department proposed the program a year ago, several Democratic lawmakers have said that turning the spy lens on America could violate Americans' privacy and civil liberties unless adequate safeguards were required. A new [but classified] 60-page Government Accountability Office report said the department "lacks assurance that NAO operations will comply with applicable laws and privacy and civil liberties standards." The report cites gaps in privacy safeguards. The department, it found, lacks controls to prevent improper use of domestic-intelligence data by other agencies and provided insufficient assurance that requests for classified information will be fully reviewed to ensure it can be legally provided. But the bill Congress approved, which President George W. Bush signed into law Tuesday, allows the department to launch a limited version.

Note: For many reports from major media sources of disturbing threats to privacy, click here.

Judge Orders 17 Detainees at Guantánamo Freed
2008-10-07, New York Times
Posted: 2008-10-10 11:34:18
http://www.nytimes.com/2008/10/08/washington/08detain.html?partner=rssuserlan...

A federal judge on Tuesday ordered the Bush administration to release 17 detainees at Guantánamo Bay by the end of the week, the first such ruling in nearly seven years of legal disputes over the administration’s detention policies. The judge, Ricardo M. Urbina of Federal District Court, ordered that the 17 men be brought to his courtroom on Friday from the prison at Guantánamo Bay, Cuba, where they have been held since 2002. He indicated that he would release the men, members of the restive Uighur Muslim minority in western China, into the care of supporters in the United States, initially in the Washington area. “I think the moment has arrived for the court to shine the light of constitutionality on the reasons for detention,” Judge Urbina said. Saying the men had never fought the United States and were not a security threat, he tersely rejected Bush administration claims that he lacked the power to order the men set free in the United States and government requests that he stay his order to permit an immediate appeal. The ruling was a sharp setback for the administration, which has waged a long legal battle to defend its policies of detention at the naval base at Guantánamo Bay, arguing a broad executive power in waging war. Federal courts up to the Supreme Court have waded through detention questions and in several major cases the courts have rejected administration contentions. The government recently conceded that it would no longer try to prove that the Uighurs were enemy combatants, the classification it uses to detain people at Guantánamo, where 255 men are now held.

Note: For many disturbing reports from reliable, verifiable sources on threats to civil liberties, click here.

Despite Ruling, Detainee Cases Facing Delays
2008-10-05, New York Times
Posted: 2008-10-10 11:28:56
http://www.nytimes.com/2008/10/05/us/05gitmo.html?partner=rssuserland&emc=rss...

When the Supreme Court ruled in June that detainees at Guantánamo had the right to challenge their detention in federal court, the justices said that after more than six years of legal wrangling the prisoners should have their cases heard quickly because “the costs of delay can no longer be borne by those who are held in custody.” But nearly four months later, as the Bush administration has opened a new defense of its detention policies in federal court, none of the scores of cases brought by detainees have been resolved by any judge. Since the Supreme Court issued its ruling, lawyers for most of the 255 detainees in Guantánamo Bay, Cuba, have pressed ahead with habeas corpus lawsuits, yet most of those cases have been delayed by battles over issues like whether some court sessions will be held in secret, whether detainees can attend and what level of proof will justify detention. Some of the arguments made by the Justice Department appear to challenge the Supreme Court’s conclusion that the federal courts have a role in deciding the fate of the detainees. Officials and lawyers inside and outside of the government say the new legal confrontation suggests that the Bush administration will most likely continue its defense of the detention camp until the end of President Bush’s term and is not likely to close the camp, as administration officials have said they would like to do. Detainees’ advocates say that the administration is using the legal battle to delay judicial review of its evidence.

Note: For many disturbing reports from reliable, verifiable sources on threats to civil liberties, click here.

Army combat unit to deploy within U.S.
2008-10-03, CNN
Posted: 2008-10-10 11:19:57
http://www.cnn.com/2008/US/10/03/army.unit/index.html

The United States military's Northern Command [NORTHCOM], formed in the wake of the September 11 terrorist attacks, is dedicating a combat infantry team to deal with catastrophes in the U.S., including terrorist attacks and natural disasters. The 1st Brigade Combat Team of the 3rd Infantry, which was first into Baghdad, Iraq, in 2003, started its controversial assignment [on October 1]. The First Raiders will spend 2009 as the first active-duty military unit attached to the U.S. Northern Command since it was created. They will be based in Fort Stewart, Georgia, and focus primarily on logistics and support for local police and rescue personnel, the Army says. The plan is drawing skepticism from some observers who are concerned that the unit has been training with equipment generally used in law enforcement, including beanbag bullets, Tasers, spike strips and roadblocks. That kind of training seems a bit out of line for the unit's designated role as Northern Command's CCMRF (Sea Smurf), or CBRNE Consequence Management Response Force. CBRNE stands for chemical, biological, radiological, nuclear and high-yield explosive incidents. Use of active-duty military as a domestic police force has been severely limited since passage of the Posse Comitatus Act following the Civil War. Bloggers are criticizing the new force, saying that because it has been training in law enforcement tactics it could be be used for domestic law enforcement.

Note: Naomi Wolf, author of Give Me Liberty and The End of America, considers this domestic deployment of combat troops to be a coup d'etat with frightening implications.

Homeland Security Detects Terrorist Threats by Reading Your Mind
2008-09-23, FOX News
Posted: 2008-10-03 13:01:01
http://www.foxnews.com/story/0,2933,426485,00.html

Baggage searches are SOOOOOO early-21st century. Homeland Security is now testing the next generation of security screening — a body scanner that can read your mind. Most preventive screening looks for explosives or metals that pose a threat. But a new system called MALINTENT turns the old school approach on its head. This Orwellian-sounding machine detects the person — not the device — set to wreak havoc. MALINTENT, the brainchild of the cutting-edge Human Factors division in Homeland Security's directorate for Science and Technology, searches your body for non-verbal cues that predict whether you mean harm to your fellow passengers. It has a series of sensors and imagers that read your body temperature, heart rate and respiration for unconscious [tell-tale signs] invisible to the naked eye. But this is no polygraph test. Subjects do not get hooked up or strapped down for a careful reading; those sensors do all the work without any actual physical contact. It's like an X-ray for bad intentions. When the sensors identify that something is off, they transmit warning data to analysts, who decide whether to flag passengers for further questioning. The next step involves micro-facial scanning, which involves measuring minute muscle movements in the face for clues to mood and intention. Homeland Security has developed a system to recognize, define and measure seven primary emotions and emotional cues that are reflected in contractions of facial muscles. MALINTENT identifies these emotions and relays the information back to a security screener almost in real time.

Note: For many more major-media reports on threats to civil liberties, click here.

Feds give customs agents free hand to seize travelers' documents
2008-09-24, Feds give customs agents free hand to seize travelers' documents
Posted: 2008-09-27 08:30:50
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/23/BA9P133LEA.DTL

The Bush administration has overturned a 22-year-old policy and now allows customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, civil rights lawyers in San Francisco said Tuesday in releasing records obtained in a lawsuit. The records also indicate that the government gives customs agents unlimited authority to question travelers about their religious beliefs and political opinions, said lawyers from the Asian Law Caucus and the Electronic Frontier Foundation. They said they had asked the Department of Homeland Security for details of any policy that would guide or limit such questioning and received no reply. "We're concerned that people of South Asian or Muslim-looking background are being targeted inappropriately" for questioning and searches, said Asian Law Caucus attorney Shirin Sinnar. The Bay Area legal groups filed a Freedom of Information Act suit against the government in February, seeking documents on the policies that govern searches and questioning of international travelers. The organizations said they had received more than 20 complaints in the previous year, mostly from South Asians and Muslims. The travelers said customs agents regularly singled them out when they returned from abroad, looked at their papers and laptop computers, and asked them such questions as whom they had seen on their trips, whether they attended mosques and whether they hated the U.S. government.

Note: For many reports from major media sources of rising threats to civil liberties, click here.

Agency and Bush Are Sued Over Domestic Surveillance
2008-09-18, New York Times
Posted: 2008-09-27 08:23:18
http://www.nytimes.com/2008/09/19/washington/19nsa.html?partner=rssuserland&e...

A privacy group filed a class-action lawsuit on Thursday against the National Security Agency, President Bush and other officials, seeking to halt what it describes as illegal surveillance of Americans’ telephone and Internet traffic. The lawsuit parallels a legal action brought against the AT&T Corporation in 2006 by the same nonprofit group, the Electronic Frontier Foundation, charging that the company gave the N.S.A. access to its communications lines and customer records without proper warrants. Congress derailed that lawsuit this year by passing legislation granting immunity to telecommunications companies that had provided assistance to the agency, though the foundation has said it intends to challenge the constitutionality of the new law. A lawyer with the foundation, Kevin S. Bankston, said the new suit opened a “second front” against a “massively illegal fishing expedition through AT&T’s domestic networks and databases of customer records.” When Mr. Bush started the program in late 2001, the N.S.A. began eavesdropping inside the United States without court warrants for the first time since 1978, when Congress created the Foreign Intelligence Surveillance Court to oversee such intelligence collection. The suit’s plaintiffs are five AT&T customers, but it is filed on behalf of all customers. Like the 2006 suit, it is based in part on information from Mark Klein, a former AT&T technician who says he saw what he believed to be equipment installed by the N.S.A. at a company communications hub in San Francisco allowing the agency to filter a huge volume of Internet traffic.

Note: For many disturbing reports from major media sources of threats to privacy, click here.

Helping ‘people at home’ may become a permanent part of the active Army
2008-09-08, Army Times
Posted: 2008-09-27 08:19:20
http://www.armytimes.com/news/2008/09/army_homeland_090708w/

The 3rd Infantry Division’s 1st Brigade Combat Team has spent 35 of the last 60 months in Iraq patrolling in full battle rattle. Now they’re training for the same mission — with a twist — at home. Beginning Oct. 1 for 12 months, the 1st BCT will be under the day-to-day control of U.S. Army North, the Army service component of Northern Command, as an on-call federal response force for natural or manmade emergencies and disasters. This new mission marks the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities. The mission will be a permanent one. They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack. The 1st BCT’s soldiers also will learn how to use “the first ever nonlethal package that the Army has fielded,” 1st BCT commander Col. Roger Cloutier said, referring to crowd and traffic control equipment and nonlethal weapons designed to subdue unruly or dangerous individuals without killing them. “It’s a new modular package of nonlethal capabilities that they’re fielding. They’ve been using pieces of it in Iraq, but this is the first time that these modules were consolidated and this package fielded, and because of this mission we’re undertaking we were the first to get it.”

Note: Positioning military troops in country to deal with internal matters violates the posse comitatus act, though the administration will argue that there is a national emergency allowing this.

A New Rush to Spy
2008-08-22, New York Times
Posted: 2008-09-21 09:05:07
http://www.nytimes.com/2008/08/22/opinion/22fri2.html?partner=rssuserland&emc...

There is apparently no limit to the Bush administration’s desire to invade Americans’ privacy in the name of national security. According to members of Congress, Attorney General Michael Mukasey is preparing to give the F.B.I. broad new authority to investigate Americans — without any clear basis for suspicion that they are committing a crime. Opening the door to sweeping investigations of this kind would be an invitation to the government to spy on people based on their race, religion or political activities. Mr. Mukasey has not revealed the new guidelines. But according to senators whose staff have been given limited briefings, the rules may also authorize the F.B.I. to use an array of problematic investigative techniques. Among these are pretext interviews, in which agents do not honestly represent themselves while questioning a subject’s neighbors and work colleagues. The F.B.I. has a long history of abusing its authority to spy on domestic groups, including civil rights and anti-war activists, and there is a real danger that the new rules would revive those dark days. Clearly, the Bush administration cannot be trusted to get the balance between law enforcement and civil liberties right. It has repeatedly engaged in improper and illegal domestic spying — notably in the National Security Agency’s warrantless eavesdropping program. The F.B.I. and the White House no doubt want to push the changes through before a new president is elected. There is no reason to rush to adopt rules that have such important civil liberties implications.

Citizens' U.S. Border Crossings Tracked
2008-08-20, Washington Post
Posted: 2008-09-21 08:51:41
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/19/AR20080819028...

The federal government has been using its system of border checkpoints to greatly expand a database on travelers entering the country by collecting information on all U.S. citizens crossing by land, compiling data that will be stored for 15 years and may be used in criminal and intelligence investigations. The Border Crossing Information system, disclosed last month by the Department of Homeland Security in a Federal Register notice, ... reflects the growing number of government systems containing personal information on Americans that can be shared for a broad range of law enforcement and intelligence purposes, some of which are exempt from some Privacy Act protections. While international air passenger data has long been captured this way, Customs and Border Protection agents only this year began to log the arrivals of all U.S. citizens across land borders, through which about three-quarters of border entries occur. The volume of people entering the country by land prevented compiling such a database until recently. But the advent of machine-readable identification documents, which the government mandates eventually for everyone crossing the border, has made gathering the information more feasible. Critics say the moves exemplify efforts by the Bush administration in its final months to cement an unprecedented expansion of data gathering for national security and intelligence purposes. The data could be used beyond determining whether a person may enter the United States. For instance, information may be shared with foreign agencies when relevant to their hiring or contracting decisions.

New Unit of DIA Will Take the Offensive On Counterintelligence
2008-08-12, Washington Post
Posted: 2008-08-23 08:14:22
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/17/AR20080817022...

The Defense Intelligence Agency's newly created Defense Counterintelligence and Human Intelligence Center is going to have an office authorized for the first time to carry out "strategic offensive counterintelligence operations," according to Mike Pick, who will direct the program. Such covert offensive operations are carried out at home and abroad against people known or suspected to be foreign intelligence officers or connected to foreign intelligence or international terrorist activities. The investigative branches of the three services -- the Army's Counterintelligence Corps, the Air Force Office of Special Investigations and the Naval Criminal Investigative Service -- have done secret offensive counterintelligence operations for years, and now DIA has been given the authority. Two years ago, the DIA asked then-Undersecretary of Defense Stephen A. Cambone for authority to run offensive operations along with a newer Pentagon intelligence agency, the Counterintelligence Field Activity (CIFA). Cambone agreed to a two-year trial. Defense Secretary Robert M. Gates recently approved the merger of CIFA into the new DIA center. Senior Defense Department officials and the combat commanders overseas will now decide what to do with the DIA's new offensive operational authority.

Note: For penetrating reports on the realities of the "war on terror" from major media sources, click here.

U.S. May Ease Police Spy Rules
2008-08-16, Washington Post
Posted: 2008-08-23 08:12:19
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/15/AR20080815034...

The Justice Department has proposed a new domestic spying measure that would make it easier for state and local police to collect intelligence about Americans, share the sensitive data with federal agencies and retain it for at least 10 years. Law enforcement agencies would be allowed to target groups as well as individuals, and to launch a criminal intelligence investigation based on the suspicion that a target is engaged in terrorism or providing material support to terrorists. They also could share results with a constellation of federal law enforcement and intelligence agencies, and others in many cases. Michael German, policy counsel for the American Civil Liberties Union, said the proposed rule may [permit] police to collect intelligence even when no underlying crime is suspected. German, an FBI agent for 16 years, said easing established limits on intelligence-gathering would lead to abuses against peaceful political dissenters. He pointed to reports in the past six years that undercover New York police officers infiltrated protest groups before the 2004 Republican National Convention; that California state agents eavesdropped on peace, animal rights and labor activists; and that Denver police spied on Amnesty International and others before being discovered. "If police officers no longer see themselves as engaged in protecting their communities from criminals and instead as domestic intelligence agents working on behalf of the CIA, they will be encouraged to collect more information," German said. "It turns police officers into spies on behalf of the federal government."

Note: For many disturbing reports on increasing threats to civil liberties from reliable sources, click here.

U.S. town turned into an open-air prison
2008-08-15, National Post (Canada)
Posted: 2008-08-23 08:10:55
http://www.nationalpost.com/news/world/story.html?id=726632

The town of Postville, Iowa, population 2,000, has been turned into an open-air prison. On May 12, immigration officials swooped in to arrest 400 undocumented workers from Mexico and Guatemala at the local meat-packing plant, a raid described as the biggest such action at a single site in U.S. history. The raid left 43 women, wives of the men who were taken away, and their 150 children without status or a means of support. The women cannot leave the town, and to make sure they do not they have been outfitted with leg monitoring bracelets. "The women are effectively prisoners," said Father Paul Ouderkirk at St. Bridget's Roman Catholic Church. "What kind of a government makes prisoners of 43 mothers who all have children and then says, ‘You can't work, you can't leave and can't stay?' That boggles the imagination." Since the raid, St. Bridget's, with a staff of four, has raised $500,000 to pay for rent, clothing, food and other necessities of life. The men were taken to the National Cattle Congress building in Waterloo, Iowa, where immigration judges were on hand. They were charged and then sent to nine different prisons around the state. Fr. Ouderkirk said some of the men were deported and others are serving five-month prison terms for violating immigration laws - but he said no one ever explained why some were held and others sent home. The men were all working at Agriprocessors, believed to be the largest kosher meat-packing plant in the world. Fr. Ouderkirk and others have said the plant was a disgrace that abused workers who had little understanding of their rights.

Note: For many disturbing reports on increasing threats to civil liberties from reliable sources, click here.

Civil liberties: Outrage at New York police plan to track vehicles
2008-08-14, The Guardian (One of the U.K.'s leading newspapers)
Posted: 2008-08-23 08:07:04
http://www.guardian.co.uk/world/2008/aug/14/usa.humanrights

The Big Apple is turning into Big Brother, civil liberties groups have warned in response to a new plan from New York city's police chiefs to photograph every vehicle entering Manhattan and hold the details on a massive database. As well as placing cameras at all tunnels and bridges into Manhattan, the 36-page plan, called Operation Sentinel, calls for a security ring to be erected at Ground Zero and for a 50-mile buffer zone around the city within which mobile units would search for nuclear or "dirty" bombs. [The] 3,000 cameras that could be mounted as a result of the plans of the New York police ... have provoked outrage in the United States. Donna Lieberman, director of the New York Civil Liberties Union, said the idea of tracking the movements of millions of people was "an assault on the country's historical respect for the right to privacy and the freedom to be left alone". The NYCLU is pressing the New York police to release further details of its intentions under freedom of information laws. The toughest element of the scheme relates to preparations to secure Ground Zero once the six-hectare site is rebuilt and open to the public again. Those measures include moveable roadblocks, security cameras across lower Manhattan and an underground bomb-screening centre through which all delivery vehicles would have to pass. The plan to video the number plates of every vehicle would be applied to all points of entry into Manhattan, including the main Brooklyn-Battery, Holland, Lincoln and Midtown tunnels and Brooklyn, Manhattan and other bridges.

Note: For lots more on threats to privacy from major media sources, click here.

FBI plans to loosen post-Watergate FBI rules
2008-08-13, Minneapolis Star-Tribune/McClatchy News Service
Posted: 2008-08-23 08:03:00
http://www.startribune.com/nation/26935044.html?elr=KArksi8cyaiUBP7hUiD3aPc:_...

Attorney General Michael Mukasey confirmed plans ... to loosen post-Watergate restrictions on the FBI's national security and criminal investigations. Mukasey said he expected criticism of the new rules because "they expressly authorize the FBI to engage in intelligence collection inside the United States." The Justice Department ... is expected to publicly release the final version within several more weeks. Even then, portions are expected to remain classified for national security reasons. Nonetheless, Mukasey provided enough detail Wednesday to alarm civil libertarians. Michael German, a former veteran FBI agent who is now policy counsel for the American Civil Liberties Union, said if Mukasey moves ahead with the new rules as he describes them, he'll be weakening restrictions originally put in place after the Watergate scandal to rein in the FBI's domestic Counter Intelligence Program, or COINTELPRO. "I'm concerned with the way the attorney general frames the problem," German said. "He talks about 'arbitrary or irrelevant differences' between criminal and national security investigations but these were corrections originally designed to prevent the type of overreach the FBI engaged in for years." German said recent events demonstrated that Mukasey needed to strengthen the FBI's guidelines, not "water them down. ... What the attorney general is doing is expanding the bureau's intelligence collection without addressing the mismanagement within the FBI. If you have an agency collecting more with less oversight, it's only going to get worse."

Note: For many disturbing reports on increasing threats to civil liberties from reliable sources, click here.

'Gitmo On The Platte' Set As Holding Cell For DNC
2008-08-13, CBS4 TV (Denver CBS affiliate)
Posted: 2008-08-23 08:01:02
http://cbs4denver.com/denver2008/denver.protesters.arrested.2.793930.html

CBS4 News has learned if mass arrests happen at the Democratic Convention, those taken into custody will be jailed in a warehouse owned by the City of Denver. Protesters have already given this place a name: "Gitmo on the Platte." Inside are dozens are metal cages. They are made out of chain link fence material and topped by rolls of barbed wire. In past conventions, mass arrests have taken place. Each of the fenced areas is about 5 yards by 5 yards and there is a lock on the door. A sign on the wall reads "Warning! Electric stun devices used in this facility." CBS4 showed its video to leaders of groups that plan to demonstrate during the convention. "Very bare bones and very reminiscent of a political prisoner camp or a concentration camp," said Zoe Williams of Code Pink. "That's how you treat cattle," said Adam Jung of the group Tent State University. "You showed the sign where it said stun gun in use and you just change the word gun for bolt and it's a meat processing plant." The American Civil Liberties Union is asking the City of Denver how prisoners will get access to food and water, bathrooms, telephones, plus medical care, and if there will be a place to meet with attorneys.

Note: For many reliable and verifiable reports on threats to a free and fair electoral process in the U.S., click here.

Police Turn to Secret Weapon: GPS Device
2008-08-13, Washington Post
Posted: 2008-08-23 07:58:53
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/12/AR20080812032...

Across the country, police are using GPS devices to snare [criminal suspects], often without a warrant or court order. Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell's Big Brother society. With the ... ever-declining cost of the technology, many analysts believe that police will increasingly rely on GPS ... and that the public will hear little about it. "I've seen them in cases from New York City to small towns -- whoever can afford to get the equipment and plant it on a car," said John Wesley Hall, president of the National Association of Criminal Defense Lawyers. "And of course, it's easy to do. You can sneak up on a car and plant it at any time." Details on how police use GPS usually become public when the use of the device is challenged in court. Leibig said GPS should be held to a different standard because it provides greater detail. "While it may be true that police can conduct surveillance of people on a public street without violating their rights, tracking a person everywhere they go and keeping a computer record of it for days and days without that person knowing is a completely different type of intrusion," he said. Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, considers GPS monitoring, along with license plate readers, toll transponders and video cameras with face-recognition technology, part of the same trend toward "an always-on, surveillance society."

Note: For lots more on threats to privacy from major media sources, click here.

Scientists Question FBI Probe On Anthrax
2008-08-03, Washington Post
Posted: 2008-08-08 08:09:31
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/02/AR20080802016...

For nearly seven years, scientist Bruce E. Ivins and a small circle of fellow anthrax specialists at Fort Detrick's Army medical lab lived in a curious limbo: They served as occasional consultants for the FBI in the investigation of the deadly 2001 anthrax attacks, yet they were all potential suspects. Over lunch in the bacteriology division, nervous scientists would share stories about their latest unpleasant encounters with the FBI and ponder whether they should hire criminal defense lawyers. In tactics that the researchers considered heavy-handed and often threatening, they were interviewed and polygraphed as early as 2002, and reinterviewed numerous times. Their labs were searched, and their computers and equipment carted away. The FBI eventually focused on Ivins, whom federal prosecutors were planning to indict when he committed suicide last week. Colleagues and friends of the vaccine specialist remained convinced that Ivins was innocent: They contended that he had neither the motive nor the means to create the fine, lethal powder that was sent by mail to news outlets and congressional offices in the late summer and fall of 2001. Mindful of previous FBI mistakes in fingering others in the case, many are deeply skeptical that the bureau has gotten it right this time. "I really don't think he's the guy. I say to the FBI, 'Show me your evidence,' " said Jeffrey J. Adamovicz, former director of the bacteriology division at the U.S. Army Medical Research Institute for Infectious Diseases, or USAMRIID. "A lot of the tactics they used were designed to isolate him from his support. The FBI just continued to push his buttons."

Note: For revealing insights into the realities behind the war on terror, click here.

Travelers' Laptops May Be Detained At Border: No Suspicion Required
2008-08-01, Washington Post
Posted: 2008-08-08 08:04:18
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/01/AR20080801030...

Federal agents may take a traveler's laptop computer or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed. Also, officials may share copies of the laptop's contents with other agencies and private entities for language translation, data decryption or other reasons, according to the policies, dated July 16 and issued by two DHS agencies, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. "The policies . . . are truly alarming," said Sen. Russell Feingold (D-Wis.), who is probing the government's border search practices. He said he intends to introduce legislation soon that would require reasonable suspicion for border searches, as well as prohibit profiling on race, religion or national origin. DHS officials said the newly disclosed policies ... apply to anyone entering the country, including U.S. citizens. Civil liberties and business travel groups have pressed the government to disclose its procedures as an increasing number of international travelers have reported that their laptops, cellphones and other digital devices had been taken -- for months, in at least one case -- and their contents examined. The policies cover "any device capable of storing information in digital or analog form," including hard drives, flash drives, cellphones, iPods, pagers, beepers, and video and audio tapes. They also cover "all papers and other written documentation," including books, pamphlets and "written materials commonly referred to as 'pocket trash' or 'pocket litter.' "

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Bush Unveils Spy Guidelines, Angering House Overseers
2008-08-01, Washington Post
Posted: 2008-08-08 08:02:16
http://www.washingtonpost.com/wp-dyn/content/article/2008/07/31/AR20080731028...

The Bush administration unveiled new operating guidelines for the nation's intelligence community yesterday in a move that boosted the authority of the Office of the Director of National Intelligence (DNI) while triggering protests from lawmakers who complained that they weren't properly consulted. The changes affirmed the DNI's role as head of the 16 U.S. spy agencies and expanded its power to set priorities and coordinate the sharing of intelligence. The DNI also was given an expanded role in foreign intelligence collection and in the hiring and firing of senior intelligence officials. The changes were part of a long-awaited overhaul of Executive Order 12333, a Reagan-era document that establishes the powers and responsibilities of U.S. intelligence services. Although the revamped order had been in the works for a year, its formal unveiling prompted a rare revolt from congressional Republicans, some of whom walked out on Director of National Intelligence Mike McConnell during a morning briefing. Rep. Pete Hoekstra (Mich.), ranking Republican on the House intelligence committee, led several GOP colleagues to the exit after complaining that the administration had made the changes secretly without consulting with congressional overseers -- part of a pattern dating to the beginning of the Bush presidency, Hoekstra said. "Given the impact that this order will have on America's intelligence community, and this committee's responsibility to oversee intelligence activities, this cannot be seen as anything other than an attempt to undercut congressional oversight," Hoekstra said in a statement afterward.

Note: For lots more on threats to civil liberties, click here.

Madness and Shame
2008-07-22, New York Times
Posted: 2008-07-31 07:57:03
http://www.nytimes.com/2008/07/22/opinion/22herbert.html?partner=rssuserland&...

In her important new book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals, Jane Mayer of The New Yorker devotes a great deal of space to David Addington, ... the lead architect of the Bush administration’s legal strategy for the so-called war on terror. In the view of Mr. Addington and his acolytes, anything and everything that the president authorized in the fight against terror — regardless of what the Constitution or Congress or the Geneva Conventions might say — was all right. That included torture, rendition, warrantless wiretapping, the suspension of habeas corpus, you name it. Ms. Mayer wrote: "The legal doctrine that Addington espoused — that the president, as commander in chief, had the authority to disregard virtually all previously known legal boundaries — rested on a reading of the Constitution that few legal scholars shared." Ms. Mayer mentioned a study conducted by attorneys and law students at the Seton Hall University Law School. "After reviewing 517 of the Guantánamo detainees’ cases in depth," she said, "they concluded that only 8 percent were alleged to have associated with Al Qaeda. Fifty-five percent were not alleged to have engaged in any hostile act against the United States at all, and the remainder were charged with dubious wrongdoing, including having tried to flee U.S. bombs. The overwhelming majority — all but 5 percent — had been captured by non-U.S. players, many of whom were bounty hunters." The Dark Side is essential reading for those who think they can stand the truth.

Note: For lots more on the realities behind the "war on terror", click here.

A History of Abuse in the War on Terror
2008-07-22, New York Times
Posted: 2008-07-31 07:55:02
http://www.nytimes.com/2008/07/22/books/22schuessler.html?partner=rssuserland...

The Dark Side, Jane Mayer’s gripping new account of the war on terror, is really the story of two wars: the far-flung battle against Islamic radicalism, and the bitter, closed-doors domestic struggle over whether the president should have limitless power to wage it. The war on terror, according to Ms. Mayer, ... was a "political battle cloaked in legal strategy, an ideological trench war" waged by a small group of true believers whose expansive views of executive power she traces from the Nixon administration through the Iran-contra scandal to the panicked days after 9/11. Ms. Mayer’s prime movers and main villains are Vice President Dick Cheney and his legal counsel (now chief of staff) David Addington, who after the terrorist attacks moved to establish "a policy of deliberate cruelty that would’ve been unthinkable on Sept. 10." As the leader of the self-styled "war council," a group of lawyers who took the lead in making the rules for the war on terror, Mr. Addington startled many colleagues with the depth of his fervor and the reach of his power. The war council settled on a "pre-emptive criminal model," in which suspects would be used — more or less indefinitely — to gather evidence of future crimes rather than held accountable for previous ones. There would be minimal oversight from Congress. The C.I.A. would take the lead, developing aggressive new interrogation methods that would be described as “enhanced,” “robust,” “special.” What they were not, a series of secret memos issued by John Yoo and others at the Office of Legal Council would attempt to certify, was “torture.”

Note: For lots more on the realities behind the "war on terror", click here.

Prosecutor turned up on U.S. terror watch list
2008-07-14, USA Today/Associated Press
Posted: 2008-07-24 11:47:24
http://www.usatoday.com/news/washington/2008-07-14-justice-terror-list_N.htm

The Justice Department's former top criminal prosecutor says the U.S. government's terror watch list likely has caused thousands of innocent Americans to be questioned, searched or otherwise hassled. Former Assistant Attorney General Jim Robinson would know: he is one of them. Robinson joined [with] the American Civil Liberties Union on Monday to urge fixing the list that's supposed to identify suspected terrorists. "It's a pain in the neck, and significantly interferes with my travel arrangements," said Robinson, the head of the Justice Department's criminal division during the Clinton administration. He believes his name matches that of someone who was put on the list in early 2005, and is routinely delayed while flying — despite having his own government top-secret security clearances renewed last year. He [said] "I expect my story is similar to hundreds of thousands of people who are on this list who find themselves inconvenienced." [The watch list] was created after the Sept. 11, 2001 attacks to consolidate 12 existing lists. Audits of the watch list over the last several years ... have concluded that it has mistakenly flagged innocent people whose names are similar to those on it. More than 30,000 airline passengers had asked the Homeland Security Department to clear their names from the list as of October 2006. The ACLU predicted the watch list would include 1 million names as early as Monday. The civil liberties group reached that number by citing the 700,000 records on the watch list as of last September and adding 20,000 names each month, as forecast by the Justice Department's inspector general.

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Book Cites Secret Red Cross Report of C.I.A. Torture of Qaeda Captives
2008-07-11, New York Times
Posted: 2008-07-23 08:46:48
http://www.nytimes.com/2008/07/11/washington/11detain.html?partner=rssuserlan...

Red Cross investigators concluded last year in a secret report that the Central Intelligence Agency’s interrogation methods for high-level Qaeda prisoners constituted torture and could make the Bush administration officials who approved them guilty of war crimes, according to a new book on counterterrorism efforts since 2001. The book says that the International Committee of the Red Cross declared in the report, given to the C.I.A. last year, that the methods used on Abu Zubaydah, the first major Qaeda figure the United States captured, were "categorically" torture, which is illegal under both American and international law. The book says Abu Zubaydah was confined in a box "so small ... he had to double up his limbs in the fetal position" and was one of several prisoners to be "slammed against the walls," according to the Red Cross report. The C.I.A. has admitted that Abu Zubaydah and two other prisoners were waterboarded, a practice in which water is poured in the nose and mouth to [cause near] suffocation and drowning. The book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals, by Jane Mayer ... offers new details of the agency’s secret detention program, as well as the bitter debates in the administration over interrogation methods. Citing unnamed "sources familiar with the report," Ms. Mayer wrote that the Red Cross document "warned that the abuse constituted war crimes, placing the highest officials in the U.S. government in jeopardy of being prosecuted."

Note: For lots more on war and war crimes, click here.

ACLU: U.S. Treasury stymies war court defense attorneys
2008-07-08, Miami Herald
Posted: 2008-07-23 08:45:04
http://www.miamiherald.com/news/nation/story/597624.html

The American Civil Liberties Union, which has pledged to cover costs of civilian lawyers defending alleged terrorists, is in a struggle with the U.S. Treasury Department over a permit to pay $250-an-hour fees and other expenses to attorneys who have been shuttling to [the] U.S. Navy base [at Guantanamo]. The Treasury division, the Office of Foreign Assets Control, is the same unit that polices American citizens' travel to Cuba. Its authority to license defense costs at the war courts here, called military commissions, comes from anti-terror legislation. ACLU director Anthony Romero accused the Bush administration of foot-dragging, noting civilian defense lawyers were slow to receive security clearances to meet accused terrorists held for years without access to attorneys. "Now the government is stonewalling again by not allowing Americans' private dollars to be paid to American lawyers to defend civil liberties," he said. He called the slow licensing an "obstruction of justice" at a time when "the Bush administration insists on moving ahead with the prosecutions." The program is called the John Adams Project, sponsored by the ACLU and the National Association of Criminal Defense Lawyers. Under it, attorneys will be paid for travel, expenses, research and copying as well as $250 an hour to defend men ... now facing death penalty prosecutions at the war court. Top criminal defense lawyers typically charge at least $550 an hour.

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Civil liberties group criticizes new FBI authority
2008-07-02, Boston Globe/Associated Press
Posted: 2008-07-10 11:00:18
http://www.boston.com/news/nation/washington/articles/2008/07/02/civil_libert...

Nearly 40 years ago, the FBI was roundly criticized for investigating Americans without evidence [that] they had broken any laws. Now, critics fear the FBI may be gearing up to do it again. Tentative Justice Department guidelines, to be released later this summer, would let agents investigate people whose backgrounds -- and potentially their race or ethnicity -- match the traits of terrorists. Such profiling ... echoes the FBI's now-defunct COINTELPRO, an operation under Director J. Edgar Hoover in the 1950s and 1960s to monitor and disrupt groups with communist and socialist ties. Before it was shut down in 1971, the domestic spying operation -- formally known as Counterintelligence Programs -- had expanded to include civil rights groups, anti-war activists, ... state legislators and journalists. Among the FBI's targets were Martin Luther King Jr., Malcolm X, and John Lennon, along with members of black [political] groups ... and student protesters. The new proposal to allow investigations of Americans with no evidence of wrongdoing is "COINTELPRO for the 21st century," said Barry Steinhardt of the American Civil Liberties Union. "But this is much more insidious because it could involve more people. In the days of COINTELPRO, they were watching only a few people. Now they could be watching everyone."

Note: For many disturbing reports on threats to civil liberties, click here.

McCain's 'big advantage'
2008-06-25, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2008-07-03 10:34:09
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/06/24/EDPC11EHS4.DTL

Charlie Black, senior adviser to John McCain, caused a fluff by saying that a terrorist attack on U.S. soil would be a "big advantage" to his candidate. No one mentioned that eight years ago, the Project for a New American Century called for "a new Pearl Harbor" that could move the American people to accept the neoconservative vision of militarized global domination. Then 9/11 happened, lifting George W. Bush from the shadows of a disputed election to the heights of a "war presidency." Bush has taken on unprecedented powers since the events of 9/11. On that day, the president issued his "Declaration of Emergency by Reason of Certain Terrorist Attacks" under the authority of the National Emergencies Act. This declaration, which can be rescinded by joint resolution of Congress, has instead been extended six times. In 2007, the declaration was quietly strengthened with the issuance of National Security Presidential Directive 51, which gave the president the authority to do whatever he deems necessary in a vaguely defined "catastrophic emergency," including everything from canceling elections to suspending the Constitution to launching a nuclear attack. Not a single congressional hearing was held on this directive. Will Congress act decisively to remove the president's emergency powers, challenge the directive and defend the Constitution?

General Accuses White House of War Crimes
2008-06-18, Washington Post
Posted: 2008-06-26 11:02:29
http://www.washingtonpost.com/wp-dyn/content/blog/2008/06/18/BL2008061801546....

The two-star general who led an Army investigation into the horrific detainee abuse at Abu Ghraib has accused the Bush administration of war crimes and is calling for accountability. In his 2004 report on Abu Ghraib, then-Major General Anthony Taguba concluded that "numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees." He called the abuse "systemic and illegal." And, as Seymour M. Hersh reported in The New Yorker, he was rewarded for his honesty by being forced into retirement. Now, in a preface to a Physicians for Human Rights report based on medical examinations of former detainees, Taguba adds an epilogue to his own investigation. The new report, he writes, "tells the largely untold human story of what happened to detainees in our custody when the Commander-in-Chief and those under him authorized a systematic regime of torture. This story is not only written in words: It is scrawled for the rest of these individual's lives on their bodies and minds. The profiles of these eleven former detainees, none of whom were ever charged with a crime or told why they were detained, are tragic and brutal rebuttals to those who claim that torture is ever justified. In order for these individuals to suffer the wanton cruelty to which they were subjected, a government policy was promulgated to the field whereby the Geneva Conventions and the Uniform Code of Military Justice were disregarded. The UN Convention Against Torture was indiscriminately ignored. There is no longer any doubt as to whether the current administration has committed war crimes."

Note: For many revealing reports on the brutal realities of the Iraq and Afghanistan wars, click here.

Guantanamo: Policy goals trumped law
2008-06-18, Miami Herald/McClatchy Newspapers
Posted: 2008-06-26 11:00:47
http://www.miamiherald.com/news/nation/story/574074.html

The framework under which detainees were imprisoned for years without charges at Guantanamo and in many cases abused in Afghanistan wasn't the product of American military policy or the fault of a few rogue soldiers. It was largely the work of five White House, Pentagon and Justice Department lawyers who, following the orders of President Bush and Vice President Dick Cheney, reinterpreted or tossed out the U.S. and international laws that govern the treatment of prisoners in wartime, according to former U.S. defense and Bush administration officials. The Supreme Court now has struck down many of their legal interpretations. The quintet of lawyers, who called themselves the “War Council," drafted legal opinions that circumvented the military's code of justice, the federal court system and America's international treaties in order to prevent anyone ... from being held accountable for activities that at other times have been considered war crimes. The international conventions ... to which [the US is] a party, were abandoned in secret meetings among the five men in one another's offices: ... David Addington, the ... longtime legal adviser and now chief of staff to Cheney [whose] primary motive, according to several former administration and defense officials, was to push for an expansion of presidential power that Congress or the courts couldn't check; Alberto Gonzales, first the White House counsel and then the attorney general; William J. Haynes II, the former Pentagon general counsel; former Justice Department lawyer John Yoo, [and] Timothy E. Flanigan, a former deputy to Gonzales.

Note: Virtually no major media other than the Herald picked up this key story.

Justices Rule Terror Suspects Can Appeal in Civilian Courts
2008-06-13, New York Times
Posted: 2008-06-18 11:04:59
http://www.nytimes.com/2008/06/13/washington/13scotus.html?partner=rssuserlan...

The Supreme Court ... delivered its third consecutive rebuff to the Bush administration’s handling of the detainees at Guantánamo Bay, ruling 5 to 4 that the prisoners there have a constitutional right to go to federal court to challenge their continued detention. The court declared unconstitutional a provision of the Military Commissions Act of 2006 that ... stripped the federal courts of jurisdiction to hear habeas corpus petitions from the detainees seeking to challenge their designation as enemy combatants. Writing for the majority, Justice Anthony M. Kennedy said the truncated review procedure provided by a previous law, the Detainee Treatment Act of 2005, “falls short of being a constitutionally adequate substitute” because it failed to offer “the fundamental procedural protections of habeas corpus.” Justice Kennedy declared: “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” The decision, which was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, was categorical in its rejection of the administration’s basic arguments. Indeed, the court repudiated the fundamental legal basis for the administration’s strategy, adopted in the immediate aftermath of the attacks of Sept. 11, 2001, of housing prisoners captured in Afghanistan and elsewhere at the United States naval base in Cuba, where Justice Department lawyers advised the White House that domestic law would never reach.

Note: For many disturbing reports on threats to civil liberties from major media sources, click here.

Detainees Now Have Access to Federal Court
2008-06-13, Washington Post
Posted: 2008-06-18 11:03:28
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/12/AR20080612042...

Defense attorneys for the 270 detainees at Guantanamo Bay said the Supreme Court decision yesterday that granted detainees habeas corpus rights was a watershed moment that will allow the men, some held for as long as 6 1/2 years, to challenge their detentions before a civilian judge. The court's ruling immediately gives the detainees access to a federal court in Washington, where lawyers will seek to have judges order the men released from indefinite detention. Legal experts said it is unclear how the hearings will proceed, but the government could be compelled to present highly classified evidence, and detainees could for the first time be able to publicly call witnesses, present evidence of abuse and rebut terrorism allegations. The decision could force the U.S. government to show why individual detainees must be held, something U.S. officials have fought for years. As many as 130 detainees have been deemed dangerous but are unlikely to ever face criminal charges, according to prosecutors, and now government officials could have to argue for indefinite detention even if the evidence is flimsy or nonexistent. "We're going to see a high number of people the government is going to have to release," said Michael Ratner, president of the Center for Constitutional Rights, which has represented Guantanamo Bay detainees since 2002. It is unclear how the Boumediene v. Bush decision will affect military commissions trials at Guantanamo Bay, Cuba, where 20 detainees, including ... Khalid Sheik Mohammed, have been charged with war crimes.

The Business of Intelligence Gathering
2008-06-15, New York Times
Posted: 2008-06-18 11:01:37
http://www.nytimes.com/2008/06/15/business/15shelf.html?partner=rssuserland&e...

America is ruled by an “intelligence-industrial complex” whose allegiance is not to the taxpaying public but to a cabal of private-sector contractors. That is the central thesis of Spies for Hire: The Secret World of Intelligence Outsourcing by Tim Shorrock, ... an investigative journalist. His book [provides a] disturbing overview of the intelligence community, also known as “the I.C.” Mr. Shorrock says our government is outsourcing 70 percent of its intelligence budget, or more than $42 billion a year, to a “secret army” of corporate vendors. Because of accelerated privatization efforts after 9/11, these companies are participating in covert operations and intelligence-gathering activities that were considered “inherently governmental” functions reserved for agencies like the Central Intelligence Agency, he says. Some of the book’s most intriguing assertions concern the permeating influence of the consulting firm Booz Allen Hamilton. In 2006, Mr. Shorrock reports, Booz Allen amassed $3.7 billion in revenue, much of which came from classified government contracts exempt from public oversight. Among its more than 18,000 employees are R. James Woolsey, the former C.I.A. director, and Joan Dempsey, a former longtime United States intelligence official who declared in a 2004 speech, “I like to refer to Booz Allen as the shadow I.C.” The “revolving door” between Booz Allen and the I.C. is personified by Mike McConnell, who joined the firm after serving as head of the National Security Agency under President Bill Clinton, only to return as director of national intelligence under President Bush.

Note: For revealing reports on government corruption from reliable sources, click here.

New Criminal Record: 7.2 Million
2008-06-12, Washington Post
Posted: 2008-06-18 10:54:43
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/11/AR20080611034...

The number of people under supervision in the nation's criminal justice system rose to 7.2 million in 2006, the highest ever, costing states tens of billions of dollars to house and monitor offenders as they go in and out of jails and prisons. According to a recently released report released by the Bureau of Justice Statistics, more than 2 million offenders were either in jail or prison in 2006, the most recent year studied in an annual survey. Another 4.2 million were on probation, and nearly 800,000 were on parole. The cost to taxpayers, about $45 billion, is causing states such as California to reconsider harsh criminal penalties. In an attempt to relieve overcrowding, California is now exporting some of its 170,000 inmates to privately run corrections facilities as far away as Tennessee. "There are a number of states that have talked about an early release of prisoners deemed non-threatening," said Rebecca Blank, a senior fellow in economic studies at the Brookings Institution. "The problem just keeps getting bigger and bigger. You're paying a lot of money here. You have to ask if some of these high mandatory minimum sentences make sense." The bureau's report comes on the heels of a Pew Center on the States report showing 1 percent of U.S. adults behind bars, a historic high. The United States has the largest number of people behind bars in the world, according to the Pew report. Black men, about one in 15, were most affected, and Hispanics, one in 35, were well represented among offenders. The number of women in prison "rose faster in 2006 than over the previous five years."

US academic deported and banned for criticising Israel
2008-05-26, The Guardian (One of the U.K.'s leading newspapers)
Posted: 2008-06-04 08:15:10
http://www.guardian.co.uk/world/2008/may/26/israelandthepalestinians.usa

Norman Finkelstein, the controversial Jewish American academic and fierce critic of Israel, has been deported from the country and banned from the Jewish state for 10 years, it emerged yesterday. Finkelstein, the son of a Holocaust survivor who has accused Israel of using the genocidal Nazi campaign against Jews to justify its actions against the Palestinians, was detained by the Israeli security service, Shin Bet, when he landed at Tel Aviv's Ben Gurion airport on Friday. Shin Bet interrogated him for around 24 hours. "I did my best to provide absolutely candid and comprehensive answers to all the questions put to me," [he said.] "I have nothing to hide. Apart from my political views, and the supporting scholarship, there isn't much more to say for myself: alas, no suicide missions or secret rendezvous with terrorist organisations." Finkelstein is one of several scholars rejected by Israel in the increasingly bitter divide in academic circles, between those who support and those who criticise its treatment of Palestinians. Finkelstein was also refused tenure last year at Chicago's DePaul University. The Association for Civil Rights in Israel said the deportation of Finkelstein was an assault on free speech. "The decision to prevent someone from voicing their opinions by arresting and deporting them is typical of a totalitarian regime," said the association's lawyer, Oded Peler. "A democratic state, where freedom of expression is the highest principle, does not shut out criticism or ideas just because they are uncomfortable for its authorities to hear. It confronts those ideas in public debate."

Unmarked chopper patrols New York City from above
2008-05-24, CBS News/Associated Press
Posted: 2008-05-30 08:37:50
http://www.cbsnews.com/stories/2008/05/23/ap/national/main4123912.shtml

On a cloudless spring day, the NYPD helicopter soars over the city, its sights set on the Statue of Liberty. A dramatic close-up of Lady Liberty's frozen gaze fills one of three flat-screen computer monitors mounted on a console. Hundreds of sightseers below are oblivious to the fact that a helicopter is peering down on them from a mile and a half away. "They don't even know we're here," said crew chief John Diaz, speaking into a headset over the din of the aircraft's engine. The helicopter's unmarked paint job belies what's inside: an arsenal of sophisticated surveillance and tracking equipment powerful enough to read license plates — or scan pedestrians' faces — from high above the nation's largest metropolis. "It looks like just another helicopter in the sky," said Assistant Police Chief Charles Kammerdener, who oversees the department's aviation unit. Police Commissioner Raymond Kelly has said that no other U.S. law enforcement agency "has anything that comes close" to the surveillance chopper, which was designed by engineers at Bell Helicopter and computer technicians based on NYPD specifications. The $10 million helicopter is just part of the department's efforts to adopt cutting-edge technology for its [surveillance] operations. The NYPD also plans to spend tens of millions of dollars strengthening security in the lower Manhattan business district with a network of closed-circuit television cameras and license-plate readers posted at bridges, tunnels and other entry points. Civil rights advocates are skeptical about the push for more surveillance, arguing it reflects the NYPD's evolution into ad hoc spy agency.

Note: For many important reports on disturbing threats to privacy, click here.

Bush administration rules limit lawsuits
2008-05-13, Boston Globe/Associated Press
Posted: 2008-05-30 08:27:33
http://www.boston.com/business/articles/2008/05/13/bush_administration_rules_...

Faced with an unfriendly Congress, the Bush administration has found another, quieter way to make it more difficult for consumers to sue businesses over faulty products. It's rewriting the bureaucratic rulebook. Lawsuit limits have been included in 51 rules proposed or adopted since 2005 by agency bureaucrats governing just about everything Americans use: drugs, cars, railroads, medical devices and food. Decried by consumer advocates and embraced by industry, the agencies' use of the government's rule-making authority represents the administration's final act in a long-standing drive to shield companies from lawsuits. Of the 51 regulations, 41 came from the Food and Drug Administration and the National Highway Traffic Safety Administration, or NHTSA. Underlying this bureaucratic version of lawsuit reform is the concept of federal preemption. Rooted in the Supremacy Clause of the Constitution, federal preemption refers to circumstances in which federal law and regulation trump state law, in this instance state laws that govern when one person may be held liable for another's injury. An expansive interpretation of preemption leaves little room for consumers to sue, and that is what the national trial lawyers group, the American Association for Justice, says is taking place. Jon Haber, AAJ's chief executive officer, says the agencies are engaging in "a brazen end run around Congress, the Constitution and the states in an effort to let negligent corporations off the hook and knowingly put consumers at risk."

Note: For lots more on government corruption from major media sources, click here.

Online warfare research outlined
2008-05-15, Washington Times
Posted: 2008-05-22 13:49:42
http://washingtontimes.com/apps/pbcs.dll/article?AID=/20080515/FOREIGN/586297...

Procurement documents released by the U.S. Air Force give a rare glimpse into Pentagon plans for developing an offensive cyber-war capacity that can infiltrate, steal data from and, if necessary, take down enemy information-technology networks. The Broad Area Announcement, posted ... by the Air Force Research Laboratory's Information Directorate, outlines a two-year, $11 million effort to develop capabilities to "access ... any remotely located open or closed computer information systems," lurk on them "completely undetected," "stealthily exfiltrate information" from them and ultimately "be able to affect computer information systems through Deceive, Deny, Disrupt, Degrade, Destroy (D5) effects." "Of interest," the announcement says, "are any and all techniques to enable user and/or root-level access to both fixed [and] mobile computing platforms ... [and] methodologies to enable access to any and all operating systems, patch levels, applications and hardware." The announcement is the latest stage in the Air Force's effort to develop a cyber-war capability and establish itself as the service that delivers U.S. military power in cyberspace. Last year, the Air Force announced it was setting up a Cyberspace Command ... and was developing military doctrine for the prosecution of cyber-war operations. The developments highlight the murky legal territory on which the cyber-wars of the future will be fought. More important, because of the difficulties in identifying attackers and immediately quantifying damage from a cyber-attack, it can be hard to determine when such attacks constitute an act of war as opposed to crime or even vandalism.

Domestic spying far outpaces terrorism prosecutions
2008-05-12, Los Angeles Times
Posted: 2008-05-15 16:32:21
http://www.latimes.com/news/nationworld/nation/la-na-justice12-2008may12,0,43...

The number of Americans being secretly wiretapped or having their financial and other records reviewed by the government has continued to increase as officials aggressively use powers approved after the Sept. 11 attacks. But the number of terrorism prosecutions ending up in court -- one measure of the effectiveness of such sleuthing -- has continued to decline, in some cases precipitously. The trends, visible in new government data and a private analysis of Justice Department records, are worrisome to civil liberties groups and some legal scholars. They say it is further evidence that the government has compromised the privacy rights of ordinary citizens without much to show for it. The Bush administration has been seeking to expand its ability to gather intelligence without prior court approval. The [Justice] department ... reported a sharp rise in the use of national security letters by the FBI -- from 9,254 in 2005 to 12,583 in 2006, the latest data available. The letters seek customer information from banks, Internet providers and phone companies. They have caused a stir because consumers do not have a right to know that their information is being disclosed and the letters are issued without court oversight. Civil liberties groups say the new data reveal a disturbing consequence of the government's post-Sept. 11 expanded surveillance capabilities. "The number of Americans being investigated dwarfs any legitimate number of actual terrorism prosecutions, and that is extremely troubling," said Lisa Graves, deputy director of the Center for National Security Studies, a Washington-based civil liberties group.

Note: For many reports from major media sources that question the reality of the "terror" threat, click here.

FBI Backs Off From Secret Order for Data After Lawsuit
2008-05-08, Washington Post
Posted: 2008-05-15 16:19:25
http://www.washingtonpost.com/wp-dyn/content/article/2008/05/07/AR20080507038...

The FBI has withdrawn a secret administrative order seeking the name, address and online activity of a patron of the Internet Archive after the San Francisco-based digital library filed suit to block the action. It is one of only three known instances in which the FBI has backed off from such a data demand, known as a "national security letter," or NSL, which is not subject to judicial approval and whose recipient is barred from disclosing the order's existence. NSLs are served on phone companies, Internet service providers and other electronic communications service providers, but because of the gag order provision, the public has little way to know about them. FBI officials now issue about 50,000 such orders a year. The order against the Internet Archive was served Nov. 26, and the nonprofit challenged it based on a provision of the reauthorized USA Patriot Act, which protects libraries from such requests. The privacy advocacy group Electronic Frontier Foundation represented the archive in the suit, which was joined by the American Civil Liberties Union. The archive also alleged that the gag order that accompanied the data demand violated the Constitution. As part of their settlement, the FBI agreed to drop the gag order and the archive agreed to withdraw the complaint. The case was unsealed Monday. Yesterday, redacted versions of key documents were filed, allowing the parties to discuss the case. "We see this as an unqualified success," said Brewster Kahle, the archive's co-founder and digital librarian. "The goal here was to help other recipients of NSLs to understand that you can push back."

Note: The Internet Archive has now posted excellent information on how to deal with cases like this at http://government.zdnet.com/?p=3795. Three cheers for the Internet Archive!

Bush Aware of Advisers' Interrogation Talks
2008-04-11, ABC News
Posted: 2008-05-08 11:24:17
http://abcnews.go.com/TheLaw/LawPolitics/Story?id=4635175

President Bush says he knew his top national security advisers discussed and approved specific details about how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, according to an exclusive interview with ABC News. "Well, we started to connect the dots in order to protect the American people," Bush told ABC News White House correspondent Martha Raddatz. "And yes, I'm aware our national security team met on this issue. And I approved." As first reported by ABC News, the most senior Bush administration officials repeatedly discussed and approved specific details of exactly how high-value al Qaeda suspects would be interrogated by the CIA. The president had earlier confirmed the existence of the interrogation program run by the CIA in a speech in 2006. But before [ABC's original] report, the extraordinary level of involvement by the most senior advisers in repeatedly approving specific interrogation plans -- down to the number of times the CIA could use a certain tactic on a specific al Qaeda prisoner -- had never been disclosed. Critics at home and abroad have harshly criticized the interrogation program, which pushed the limits of international law and, they say, condoned torture. In the interview with ABC News, Bush defended the waterboarding technique used against KSM. "We had legal opinions that enabled us to do it," Bush said. "And no, I didn't have any problem at all trying to find out what Khalid Sheikh Mohammed knew." The president said, "I think it's very important for the American people to understand who Khalid Sheikh Mohammed was. He was the person who ordered the suicide attack -- I mean, the 9/11 attacks."

Note: For a transcript of the interview with President Bush on the Washington Post website, click here. For a powerful two-page summary of many unanswered questions about who really ordered the 9/11 attacks, click here.

Justice Dept. OKs harsh interrogation tactics
2008-04-27, New York Times
Posted: 2008-05-01 11:49:03
http://www.nytimes.com/2008/04/27/washington/27intel.html?ex=1366948800&en=68...

The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law. The legal interpretation, outlined in recent letters, sheds new light on the still-secret rules for interrogations by the Central Intelligence Agency. It shows that the administration is arguing that the boundaries for interrogations should be subject to some latitude, even under an executive order issued last summer that President Bush said meant that the C.I.A. would comply with international strictures against harsh treatment of detainees. While the Geneva Conventions prohibit “outrages upon personal dignity,” a letter sent by the Justice Department to Congress on March 5 makes clear that the administration has not drawn a precise line in deciding which interrogation methods would violate that standard, and is reserving the right to make case-by-case judgments. The new documents provide more details about how the administration intends to determine whether a specific technique would be legal, depending on the circumstances involved. Some legal experts critical of the Justice Department interpretation said the department seemed to be arguing that the prospect of thwarting a terror attack could be used to justify interrogation methods that would otherwise be illegal. “What they are saying is that if my intent is to defend the United States rather than to humiliate you, than I have not committed an offense,” said Scott L. Silliman, who teaches national security law at Duke University. The humiliating and degrading treatment of prisoners is prohibited by Common Article 3 of the Geneva Conventions.

Note: For many disturbing reports of increasing threats to civil liberties, click here.

Bush Lawyer Won't Say if Congress can Limit President's Power
2008-04-24, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2008-05-01 11:45:33
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/04/24/MNAI10AKM0.DTL

A Bush administration lawyer resisted a San Francisco federal judge's attempts Wednesday to get him to say whether Congress can limit the president's wiretap authority in terrorism and espionage cases, calling the question simplistic. "You can't possibly make that judgment on the public record" without knowing the still-secret details of the electronic surveillance program that President Bush approved in 2001, Justice Department attorney Anthony Coppolino said at a crucial hearing in a wiretapping lawsuit. Chief U.S. District Judge Vaughn Walker didn't rule immediately on the government's request to dismiss the suit by an Islamic charity in Oregon, which says a document that federal authorities accidentally released showed it was wiretapped. But Walker, in an extensive exchange with Coppolino, said Congress had spoken clearly in a 1978 law that required the government to obtain a warrant from a secret court before it could conduct electronic surveillance of suspected foreign terrorists or spies. "The president is obliged to follow what Congress has mandated," Walker said. The case may determine whether any U.S. court can judge the legality of Bush's covert order to the National Security Agency to intercept phone calls and e-mails between Americans and suspected foreign terrorists without seeking judicial approval. After Bush acknowledged the existence of the program, Congress temporarily extended it in August and now is debating whether to protect telecommunications companies from lawsuits for their past cooperation. Most lawsuits challenging the program have been dismissed because the plaintiffs were unable to show that they had been wiretapped.

Note: For many disturbing reports of increasing threats to civil liberties, click here.

Unleashing the Bugs of War
2008-04-18, Time magazine
Posted: 2008-04-27 07:40:40
http://www.time.com/time/nation/article/0,8599,1732226,00.html

The Defense Advanced Research Project Agency, that secretive band of Pentagon geeks that searches obsessively for the next big thing in the technology of warfare, is 50 years old. So what's hot at DARPA right now? Bugs. The creepy, crawly flying kind. The Agency's Microsystems Technology Office is hard at work on HI-MEMS (Hybrid Insect Micro-Electro-Mechanical System), raising real insects filled with electronic circuitry, which could be guided using GPS technology to specific targets via electrical impulses sent to their muscles. These half-bug, half-chip creations — DARPA calls them "insect cyborgs" — would be ideal for surveillance missions, the agency says in a brief description on its website. Such bugs "could carry one or more sensors, such as a microphone or a gas sensor, to relay back information gathered from the target destination." Scientist Amit Lal and his team insert mechanical components into baby bugs during "the caterpillar and the pupae stages," which would then allow the adult bugs to be deployed to do the Pentagon's bidding. "The HI-MEMS program is aimed at developing tightly coupled machine-insect interfaces by placing micro-mechanical systems inside the insects during the early stages of metamorphosis," DARPA says. DARPA declined TIME's request to interview Dr. Lal about his program and the progress he is making in producing the bugs. But in a written statement, spokeswoman Jan Walker said that "living, adult-stage insects have emerged with the embedded systems intact." Presumably, enemy arsenals will soon be well-stocked with Raid.

Note: For many disturbing reports on threats to civil liberties, click here.

Sources: Top Bush Advisors Approved 'Enhanced Interrogation'
2008-04-09, ABC News
Posted: 2008-04-27 07:38:53
http://www.abcnews.go.com/TheLaw/LawPolitics/Story?id=4583256

In dozens of top-secret talks and meetings in the White House, the most senior Bush administration officials discussed and approved specific details of how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, sources tell ABC News. The so-called Principals who participated in the meetings also approved the use of "combined" interrogation techniques -- using different techniques during interrogations, instead of using one method at a time -- on [captives] who proved difficult to break, sources said. The high-level discussions about these "enhanced interrogation techniques" were so detailed, these sources said, some of the interrogation sessions were almost choreographed -- down to the number of times CIA agents could use a specific tactic. The advisers were members of the National Security Council's Principals Committee, a select group of senior officials who met frequently to advise President Bush on issues of national security policy. At the time, the Principals Committee included Vice President Cheney, former National Security Advisor Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, as well as CIA Director George Tenet and Attorney General John Ashcroft. Rice chaired the meetings, which took place in the White House Situation Room and were typically attended by most of the principals or their deputies. According to multiple sources, it was members of the Principals Committee that not only discussed specific plans and specific interrogation methods, but approved them. The Principals also approved interrogations that combined different methods, pushing the limits of international law and even the Justice Department's own legal approval in the [infamous] 2002 memo.

Administration Set to Use New Spy Program in U.S.
2008-04-12, Washington Post
Posted: 2008-04-17 08:10:08
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/11/AR20080411036...

The Bush administration said yesterday that it plans to start using the nation's most advanced spy technology for domestic purposes soon, rebuffing challenges by House Democrats over the idea's legal authority. Homeland Security Secretary Michael Chertoff said his department will activate his department's new domestic satellite surveillance office in stages, starting as soon as possible. Sophisticated overhead sensor data will be used for law enforcement once privacy and civil rights concerns are resolved, he said. His statements marked a fresh determination to operate the department's new National Applications Office. But Congress delayed launch of the new office last October. Critics cited its potential to expand the role of military assets in domestic law enforcement, to turn new or as-yet-undeveloped technologies against Americans without adequate public debate, and to divert the existing civilian and scientific focus of some satellite work to security uses. Democrats say Chertoff has not spelled out what federal laws govern the NAO, whose funding and size are classified. Congress barred Homeland Security from funding the office until its investigators could review the office's operating procedures and safeguards. The department submitted answers on Thursday, but some lawmakers promptly said the response was inadequate. [Rep. Bennie G. Thompson (D-Miss.), chairman of the House Homeland Security Committee] said, "We still don't know whether the NAO will pass constitutional muster since no legal framework has been provided."

Note: For many more revealing stories on threats to civil liberties, click here.

Cheney, Rice Approved Use of Waterboarding, Other Tactics
2008-04-11, FOX News/Associated Press
Posted: 2008-04-17 08:08:07
http://www.foxnews.com/story/0,2933,349948,00.html

Bush administration officials from Vice President Dick Cheney on down signed off on using harsh interrogation techniques against [captives] after asking the Justice Department to endorse their legality, The Associated Press has learned. The officials also took care to insulate President Bush from a series of meetings where CIA interrogation methods, including waterboarding, ... were discussed and ultimately approved. A former senior U.S. intelligence official familiar with the meetings ... spoke on condition of anonymity because he was not authorized to publicly discuss the issue. Between 2002 and 2003, the Justice Department issued several memos from its Office of Legal Counsel that justified using the interrogation tactics, including ones that critics call torture. "If you looked at the timing of the meetings and the memos you'd see a correlation," the former intelligence official said. The meetings were held in the White House Situation Room in the years immediately following the Sept. 11 attacks. Attending the sessions were Cheney, then-Bush aides Attorney General John Ashcroft, Secretary of State Colin Powell, CIA Director George Tenet and National Security Advisor Condoleezza Rice. The American Civil Liberties Union called on Congress to investigate. "With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House," ACLU legislative director Caroline Fredrickson said. "This is what we suspected all along." The former intelligence official described Cheney and the top national security officials as deeply immersed in developing the CIA's interrogation program during months of discussions over which methods should be used and when."

Permissible Assaults Cited in Graphic Detail
2008-04-06, Washington Post
Posted: 2008-04-17 08:05:23
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/05/AR20080405020...

Thirty pages into a memorandum discussing the legal boundaries of military interrogations in 2003, senior Justice Department lawyer John C. Yoo tackled a question not often asked by American policymakers: Could the president, if he desired, have a prisoner's eyes poked out? Or, for that matter, could he have "scalding water, corrosive acid or caustic substance" thrown on a prisoner? How about slitting an ear, nose or lip, or disabling a tongue or limb? What about biting? These assaults are all mentioned in a U.S. law prohibiting maiming, which Yoo parsed as he clarified the legal outer limits of what could be done to terrorism suspects as detained by U.S. authorities. The specific prohibitions, he said, depended on the circumstances or which "body part the statute specifies." But none of that matters in a time of war, Yoo also said, because federal laws prohibiting assault, maiming and other crimes by military interrogators are trumped by the president's ultimate authority as commander in chief. In the sober language of footnotes, case citations and judicial rulings, the memo explores a wide range of unsavory topics, from the use of mind-altering drugs on captives to the legality of forcing prisoners to squat on their toes in a "frog crouch." It repeats an assertion in another controversial Yoo memo that an interrogation tactic cannot be considered torture unless it would result in "death, organ failure or serious impairment of bodily functions." Yoo, who is now a law professor at the University of California at Berkeley, also uses footnotes to effectively dismiss the Fourth and Fifth amendments to the Constitution, arguing that protections against unreasonable search and seizure and guarantees of due process either do not apply or are irrelevant in a time of war. He frequently cites his previous legal opinions to bolster his case.

Google has lots to do with intelligence
2008-03-30, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2008-04-17 07:57:15
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/29/BUQLUAP8L.DTL

When the nation's intelligence agencies wanted a computer network to better share information ... they turned to a big name in the technology industry to supply some of the equipment: Google Inc. The Mountain View company sold the agencies servers for searching documents. Many of the contracts are for search appliances - servers for storing and searching internal documents. Agencies can use the devices to create their own mini-Googles on intranets made up entirely of government data. Additionally, Google has had success licensing a souped-up version of its aerial mapping service, Google Earth. Spy agencies are using Google equipment as the backbone of Intellipedia, a network aimed at helping agents share intelligence. [The system] is maintained by the director of national intelligence and is accessible only to the CIA, FBI, National Security Agency and an alphabet soup of other intelligence agencies and offices. Google supplies the computer servers that support the network, as well as the search software that allows users to sift through messages and data. Because of the complexities of doing business with the government, Google uses resellers to process orders on its behalf. Google takes care of the sales, marketing and management of the accounts. Google is one of many technology vendors vying for government contracts. On occasion, Google is the target of conspiracy theories from bloggers who say it is working with spy agencies more closely than simply selling search equipment.

Administration Asserted a Terror Exception on Search and Seizure
2008-04-04, Washington Post
Posted: 2008-04-10 11:24:45
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/03/AR20080403041...

The Justice Department concluded in October 2001 that military operations combating terrorism inside the United States are not limited by Fourth Amendment protections against unreasonable searches and seizures, in one of several secret memos containing new and controversial assertions of presidential power. The memo, sent on Oct. 23, 2001, to the Defense Department and the White House by the Office of Legal Counsel, focused on the rules governing any deployment of U.S. forces inside the country "in the event of further large-scale terrorist activities." Administration officials declined to detail what domestic military operations were being contemplated at the time. The memo has not been formally withdrawn. The Fourth Amendment assertion is one of several far-reaching legal arguments revealed by the disclosure Tuesday of a 2003 Justice Department memo that authorized harsh military interrogations. In its footnotes, asides and central text, that 81-page memo asserted nearly unlimited presidential powers during a time of war. The document disclosed, for example, that the administration's top lawyers had declared that the president has unfettered power to seize oceangoing ships as commander in chief; that Congress has no ability to pass legislation governing the interrogations of enemy combatants; and that federal laws prohibiting assault and other crimes did not apply to military interrogators. One section discussed to what extent the president might be allowed to legally maim a prisoner, such as through the use of a "scalding, corrosive, or caustic substance." A footnote argued that Fifth Amendment guarantees of due-process rights "do not address actions the Executive takes in conducting a military campaign against the Nation's enemies."

Note: For further disturbing reports on threats to civil liberties, click here.

Torture Memo Gave White House Broad Powers
2008-04-02, ABC News
Posted: 2008-04-10 11:21:35
http://abcnews.go.com/TheLaw/DOJ/story?id=4569746&page=1

The Justice Department's newly declassified torture memo outlined the broad legal authority its lawyers gave to the Bush White House on matters of torture and presidential authority during times of war. The March 14, 2003 memorandum ... provided legal "guidance" for military interrogations of "alien unlawful combatants," and concluded that the president's authority during wartime took precedence over the individual rights of enemies captured in the field. The memo ... determined that amendments to the U.S. Constitution, which in part protect rights of individuals charged with crimes, do not apply equally to enemy combatants. "The Fifth Amendment due process clause does not apply to the president's conduct of a war," the memo noted. It also asserted, "The detention of enemy combatants can in no sense be deemed 'punishment' for purposes of the Eighth Amendment," which prohibits "cruel and unusual" forms of punishment. The memo was drafted by John Yoo, who was at the time the deputy assistant attorney general for the Justice Department's Office of Legal Counsel. Former aides to John Ashcroft say the then-attorney general privately dubbed Yoo "Dr. Yes" for being so closely aligned with lawyers at the White House. The memo also provided an argument in defense of government interrogators who used harsh tactics in their line of work. The memo also laid out a defense against the authority of the U.N. Convention Against Torture, or CAT. Jack Goldsmith who headed OLC from October 2003 to July 2004, and worked at the Pentagon before coming to the department ... described the problems he had reviewing and standing by Yoo's work. "My first [reaction] was disbelief that programs of this importance could be supported by legal opinions that were this flawed."

Note: For further disturbing reports on threats to civil liberties, click here.

Centers Tap Into Personal Databases
2008-04-02, Washington Post
Posted: 2008-04-10 11:19:38
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/01/AR20080401030...

Intelligence centers run by states across the country have access to personal information about millions of Americans, including unlisted cellphone numbers, insurance claims, driver's license photographs and credit reports, according to a document obtained by The Washington Post. One center also has access to top-secret data systems at the CIA, the document shows, though it's not clear what information those systems contain. Dozens of the organizations known as fusion centers were created after the Sept. 11, 2001, terrorist attacks. The centers use law enforcement analysts and sophisticated computer systems to compile, or fuse, disparate tips and clues and pass along the refined information to other agencies. Though officials have publicly discussed the fusion centers' importance to national security, they have generally declined to elaborate on the centers' activities. But a document that lists resources used by the fusion centers shows how a dozen of the organizations in the northeastern United States rely far more on access to commercial and government databases than had previously been disclosed. The list of information resources was part of a survey conducted last year, officials familiar with the effort said. It shows that, like most police agencies, the fusion centers have subscriptions to private information-broker services that keep records about Americans' locations, financial holdings, associates, relatives, firearms licenses and the like. "Fusion centers have grown, really, off the radar screen of public accountability," said Jim Dempsey, vice president for public policy at the Center for Democracy and Technology, a nonpartisan watchdog group in the District. "Congress and the state legislatures need to get a handle over what is going on at all these fusion centers."

Note: For further disturbing reports on threats to privacy, click here.

ACLU: Military using FBI to skirt restrictions
2008-04-01, MSNBC/Associated Press
Posted: 2008-04-10 11:17:32
http://www.msnbc.msn.com/id/23908142

The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans' Internet service providers, financial institutions and telephone companies, the ACLU said Tuesday. The American Civil Liberties Union based its conclusion on a review of more than 1,000 documents turned over by the Defense Department after it sued the agency last year for documents related to national security letters. The letters are investigative tools used to compel businesses to turn over customer information without a judge's order or grand jury subpoena. ACLU lawyer Melissa Goodman said the documents the civil rights group studied "make us incredibly concerned that the FBI and DoD might be collaborating to evade limits" placed on the Defense Department's use of the letters. Goodman, a staff attorney with the ACLU National Security Project, said the military is allowed to demand financial and credit records in certain instances but does not have the authority to get e-mail and phone records or lists of Web sites that people have visited. That is the kind of information that the FBI can get by using a national security letter, she said. "That's why we're particularly concerned. The DoD may be accessing the kinds of records they are not allowed to get," she said. Goodman also noted that legal limits are placed on the Defense Department "because the military doing domestic investigations tends to make us leery.

Note: For further disturbing reports on threats to civil liberties, click here.

Colorado Proposes Tough Law on Executive Accountability
2008-04-01, New York Times
Posted: 2008-04-03 12:33:44
http://www.nytimes.com/2008/04/01/business/01fraud.html?ex=1364702400&en=6a78...

For 30 years, Lew Ellingson loved being a telephone man. His job splicing phone cables was one that he says gave him “a true sense of accomplishment,” first for Northwestern Bell, then US West and finally Qwest Communications International. But by the time Mr. Ellingson retired from Qwest last year at 52, he had grown angry. An insider trading scandal had damaged the company’s reputation, and the life savings of former colleagues had evaporated in the face of Qwest’s stock troubles. “It was a good place,” he said wistfully. “And then something like this happened.” Now, Mr. Ellingson is the public face of a proposed ballot measure in Colorado that seeks to create what supporters hope will be the nation’s toughest corporate fraud law. Buttressed by local advocacy groups and criticized by a Colorado business organization, the measure would make business executives criminally responsible if their companies run afoul of the law. It would also permit any Colorado resident to sue the executives under such circumstances. Proceeds from successful suits would go to the state. If passed by voters in November, the proposal would leave top business officers [with] unprecedented individual accountability, said Mr. Ellingson. “If nothing else, these folks in charge of the corporations and companies will think twice about cutting corners to make themselves look more profitable than they really are,” he said. The plight of Mr. Ellingson’s former employer, Qwest, based in Denver, was a motivation for the proposal. Last April, a jury in Denver convicted Qwest’s former chief executive, Joseph P. Nacchio, of 19 of 42 counts of insider trading. Mr. Nacchio was sentenced to six years in prison and ordered to pay a fine of $19 million and forfeit $52 million in money he earned from stock sales in 2001.

Note: As reported in the Washington Post, Joseph P. Nacchio, the former Qwest CEO, has claimed that he was singled out for prosecution because he refused to cooperate with the National Security Agency's electronic surveillance of American citizens, which began before 9/11.

Unintended Consequences
2008-03-24, Newsweek magazine
Posted: 2008-04-03 12:22:40
http://www.newsweek.com/id/123489

When Congress passed the Patriot Act in the aftermath of the 9/11 attacks, law-enforcement agencies hailed it as a powerful tool to help track down the confederates of Osama bin Laden. No one expected it would end up helping to snag the likes of Eliot Spitzer. In the fine print were provisions that gave the Treasury Department authority to demand more information from banks about their customers' financial transactions. But Treasury went further. It issued stringent new regulations that required banks themselves to look for unusual transactions (such as odd patterns of cash withdrawals or wire transfers) and submit SARs—Suspicious Activity Reports—to the government. Facing potentially stiff penalties if they didn't comply, banks and other financial institutions installed sophisticated software to detect anomalies among millions of daily transactions. They began ranking the risk levels of their customers ... based on complex formulas that included ... whether an account holder was a "politically exposed person" [PEP]. At first focused on potentially crooked foreign officials, the PEP lists expanded to include many U.S. politicians and public officials who were conceivably vulnerable to corruption. Federal prosecutors around the country routinely scour the SARs for potential leads. One of those leads led to Spitzer. Last summer New York's North Fork Bank, where Spitzer had an account, filed a SAR about unusual money transfers he had made. The governor called attention to himself by asking the bank to transfer money in someone else's name. The SAR was not itself evidence that Spitzer had committed a crime. But it made the Feds curious enough to follow the money.

Note: This story provides useful information about how the PATRIOT Act has been applied since its passage. The reasons for the investigation of Eliot Spitzer, leading to his resignation, may not have been so simple, however, given his many powerful enemies in government and on Wall Street.

Every bank transaction triggers snooping
2008-03-26, Atlanta Journal-Constitution (Atlanta's leading newspaper)
Posted: 2008-04-03 12:20:55
http://www.ajc.com/blogs/content/shared-blogs/ajc/barrcode/entries/2008/03/26...

The sad saga of [Eliot] Spitzer should concern every American. The web of snooping in which federal investigators and regulators are now able to ensnare any person who engages in any form of financial transaction has become so complex and pervasive that almost no person anywhere in the world can escape its clutches. The seeds of this modern-day Orwellian financial web were sown in the late 1960s and early 1970s when such expansive federal laws as the Bank Secrecy Act were enacted. Designed as tools to ferret out organized crime figures, major drug traffickers and international money launderers, this family of far-reaching regulatory-cum-criminal laws initially was used largely as intended. Many of the “Suspicious Activity Reports” (or SARs) required by the Bank Secrecy Act of 1970, for example, were largely ignored by investigators and prosecutors, who viewed them as burdensome and difficult to catalog and utilize. Two events have conspired to change all that. First, the advent of digital technology has elevated dramatically the ability of the government to gather, analyze, manipulate, retrieve and disseminate the SAR data. The second factor ... was, of course, the events of 9/11 and the ensuing USA Patriot Act. These two things institutionalized fear as the driving force in virtually all federal policies, including those relating to financial reporting. [A section of] the Patriot Act — has been interpreted by banking examiners to require banks to profile their customers and the full range of their transactions, regardless of amount. These “know your customer” regulations are among the most insidious of this entire class of invasive federal laws and regulations.

Note: This informative article is by former US Congressman Bob Barr, who has become a crusader against the excesses of the PATRIOT Act.

Papers Detail Complaints of Links to Treasury List
2008-03-19, New York Times
Posted: 2008-03-27 11:19:42
http://www.nytimes.com/2008/03/19/us/19suit.html?ex=1363665600&en=eb4f1ed6600...

A sheaf of documents that a federal court forced the Treasury Department to release indicate there have been repeated complaints from American consumers who have been falsely linked to terrorism or drug trafficking during routine credit checks, the organization that sought the documents in a lawsuit said Tuesday. The more than 100 pages of documents released Monday to the organization, the Lawyers’ Committee for Civil Rights in San Francisco, include a variety of complaints about the list maintained by the Office of Foreign Asset Control in the Treasury Department, said Philip Hwang, a lawyer for the group. The released documents include e-mail messages and letters from consumers who have been denied cars or home loans or faced difficulties with other financial transactions because their names allegedly appear on the list. Financial institutions are supposed to check clients’ names against the list, which is known officially as the Specially Designated Nationals List. A Federal District Court judge in San Francisco last month ordered the Treasury Department to release all the complaints after a Freedom of Information Act request, Mr. Hwang said. He said his organization believed that what they received was only a small fraction of the complaints filed. Among other indications, he said, was that Henry Paulson Jr., the Treasury secretary, said in Congressional testimony last year that his department fielded up to 90,000 telephone complaints about the list over one year. Mr. Hwang said most consumers discovered the problem only when they asked for a credit report and were shocked to find a notation on it associating them with terrorists or drug traffickers.

Note: For many disturbing reports of increasing threats to civil liberties, click here.

President weakens espionage oversight
2008-03-14, Boston Globe
Posted: 2008-03-19 07:55:11
http://www.boston.com/news/nation/washington/articles/2008/03/14/president_we...

Almost 32 years to the day after President Ford created an independent Intelligence Oversight Board made up of private citizens with top-level clearances to ferret out illegal spying activities, President Bush issued an executive order that stripped the board of much of its authority. The White House did not say why it was necessary to change the rules governing the board when it issued Bush's order [on February 29]. But critics say Bush's order is consistent with a pattern of steps by the administration that have systematically scaled back Watergate-era intelligence reforms. "It's quite clear that the Bush administration officials who were around in the 1970s are settling old scores now," said Tim Sparapani, senior legislative counsel to the American Civil Liberties Union. "Here they are even preventing oversight within the executive branch. They have closed the books on the post-Watergate era." Ford created the board following a 1975-76 investigation by Congress into domestic spying, assassination operations, and other abuses by intelligence agencies. The probe prompted fierce battles between Congress and the Ford administration, whose top officials included Dick Cheney, Donald Rumsfeld, and the current president's father, George H. W. Bush. Some analysts said the order is just the latest example of actions the administration has taken since the 2001 terrorist attacks that have scaled back intelligence reforms enacted in the 1970s. Frederick A. O. Schwarz Jr., the former chief counsel to the Senate committee that undertook the 1975-76 investigation into intelligence abuses, said "It's profoundly disappointing if you understand American history, and it's profoundly harmful to the United States."

Note: For many key articles on government secrecy, click here.

Audit: Bush Barely Trims FOIA Backlog
2008-03-17, New York Times/Associated Press
Posted: 2008-03-19 07:53:03
http://www.nytimes.com/aponline/us/AP-Sunshine-Week-Bush-FOIA.html

Despite ordering improvements more than two years ago, President Bush has barely made a dent in the huge backlog of unanswered requests under the Freedom of Information Act. At the same time, an audit by the National Security Archive found that Bush has provided citizens someone to talk to about how long it is going to take to get the government records they want or to be turned down. The archive, a private research group at The George Washington University, released its seventh audit ... of the 1967 law that gives people the power to request information from federal government files. The audit of 90 government agencies found mixed results from Bush's executive order on Dec. 14, 2005, to agencies to clear the backlog and be more responsive to requesters. "Behind its ambitious facade, the order lacked both carrot and stick," the audit said, because it provided no additional money to do the job and no way to force agencies to set substantial goals or step up their efforts if they fell short. "Many of the same old scofflaw agencies are still shirking their responsibilities to the public," said Tom Blanton, director of the archive, whose FOIA audits are funded by the John S. and James L. Knight Foundation. The archive found that unanswered requests government-wide dropped just over 2 percent, from 217,000 to 212,000, from the end of 2005 to the end of 2007. Of those agencies with backlogs, 31 percent even saw pending requests rise during the two years, including some agencies that significantly reduced very old unanswered requests but saw gains wiped out by a surge of new requests. The audit particularly criticized the Treasury Department for trying to "wait out the requester."

Note: For many key articles on government secrecy, click here.

FBI Found to Misuse Security Letters
2008-03-14, Washington Post
Posted: 2008-03-19 07:49:29
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/13/AR20080313022...

The FBI has increasingly used administrative orders to obtain the personal records of U.S. citizens rather than foreigners implicated in terrorism or counterintelligence investigations, and at least once it relied on such orders to obtain records that a special intelligence-gathering court had deemed protected by the First Amendment, according to two government audits released yesterday. The episode was outlined in a Justice Department report that concluded the FBI had abused its intelligence-gathering privileges by issuing inadequately documented "national security letters" from 2003 to 2006. The report makes it clear that the abuses persisted in 2006 and disclosed that 60 percent of the nearly 50,000 security letters issued that year by the FBI targeted Americans. Because U.S. citizens enjoy constitutional protections against unreasonable searches and seizures, judicial warrants are ordinarily required for government surveillance. But national security letters are approved only by FBI officials and are not subject to judicial approval; they routinely demand certain types of personal data, such as telephone, e-mail and financial records, while barring the recipient from disclosing that the information was requested or supplied. "The fact that these are being used against U.S. citizens, and being used so aggressively, should call into question the claim that these powers are about terrorists and not just about collecting information on all kinds of people," said Jameel Jaffer, national security director at the American Civil Liberties Union. "They're basically using national security letters to evade legal requirements that would be enforced if there were judicial oversight."

Note: For many key reports from major media sources on increasing threats to civil liberties, click here.

Homeschoolers' setback sends shock waves through state
2008-03-07, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2008-03-11 08:48:42
http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/archive/2008/03/07/MNJ...

A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution. The homeschooling movement never saw the case coming. "At first, there was a sense of, 'No way,' " said homeschool parent Loren Mavromati, a resident of Redondo Beach (Los Angeles County) who is active with a homeschool association. "Then there was a little bit of fear. I think it has moved now into indignation." The ruling arose from a child welfare dispute between the Los Angeles County Department of Children and Family Services and Philip and Mary Long of Lynwood, who have been homeschooling their eight children. Mary Long is their teacher, but holds no teaching credential. The parents said they also enrolled their children in Sunland Christian School, a private religious academy in Sylmar (Los Angeles County), which considers the Long children part of its independent study program and visits the home about four times a year. The Second District Court of Appeal ruled that California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home. "California courts have held that ... parents do not have a constitutional right to homeschool their children," Justice H. Walter Croskey said in the 3-0 ruling issued on Feb. 28. "A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation," the judge wrote, quoting from a 1961 case on a similar issue.

Note: To support the ability of parents to teach their children at home and sign a petition with already over 100,000 signatories, click here.

National Dragnet Is a Click Away
2008-03-06, Washington Post
Posted: 2008-03-11 08:44:31
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/05/AR20080305036...

Several thousand law enforcement agencies are creating the foundation of a domestic intelligence system through computer networks that analyze vast amounts of police information. As federal authorities struggled to meet information-sharing mandates after the Sept. 11, 2001 terrorist attacks, police agencies from Alaska and California to the Washington region poured millions of ... records into shared digital repositories called data warehouses, giving investigators and analysts new power to discern links among people, patterns of behavior and other hidden clues. Those network efforts will begin expanding further this month, as some local and state agencies connect to a fledgling Justice Department system called the National Data Exchange, or N-DEx. The expanding police systems illustrate the prominent roles that private companies play in homeland security and counterterrorism efforts. They also underscore how the use of new data -- and data surveillance -- is evolving faster than the public's understanding or the laws intended to check government power and protect civil liberties. Three decades ago, Congress imposed limits on domestic intelligence activity after revelations that the FBI, Army, local police and others had misused their authority for years to build troves of personal dossiers and monitor political activists and other law-abiding Americans. Since those reforms, police and federal authorities have observed a wall between law enforcement information-gathering, relating to crimes and prosecutions, and more open-ended intelligence that relates to national security and [politics]. That wall is fast eroding following the passage of laws expanding surveillance authorities, the push for information-sharing networks, and the expectation that local and state police will play larger roles.

Note: For many revealing reports from reliable sources of serious threats to civil liberties, click here.

U.S. tops world in prison inmates
2008-02-29, San Francisco Chronicle/Washington Post
Posted: 2008-03-03 11:52:37
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/29/MN98VARN7.DTL

More than 1 percent of adult Americans are in jail or prison, an all-time high that is costing state governments nearly $50 billion a year, in addition to more than $5 billion spent by the federal government, according to a report released Thursday. With more than 2.3 million people behind bars at the start of 2008, the United States leads the world in both the number and the percentage of residents it incarcerates, leaving even far more populous China a distant second, noted the report by the nonpartisan Pew Center on the States. The ballooning prison population is largely the result of tougher state and federal sentencing laws enacted since the mid-1980s. Minorities have been hit particularly hard: One in 9 black men age 20 to 34 is behind bars. For black women age 35 to 39, the figure is 1 in 100, compared with 1 in 355 white women in the same age group. When it comes to preventing repeat offenses by nonviolent criminals - who make up about half of the incarcerated population - alternative punishments such as community supervision and mandatory drug counseling that are far less expensive may prove just as or more effective than jail time. About 91 percent of incarcerated adults are under state or local jurisdiction, and the report documents the trade-offs state governments have faced as they have devoted ever larger shares of their budgets to house them. For instance, over the past two decades, state spending on corrections (adjusted for inflation) increased by 127 percent, while spending on higher education rose by 21 percent.

Army Blocks Public's Access to Documents in Web-Based Library
2008-02-21, Washington Post
Posted: 2008-03-03 11:39:46
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/20/AR20080220028...

The Army has shut down public access to the largest online collection of its doctrinal publications, a move criticized by open-government advocates as unnecessary secrecy by a runaway bureaucracy. Army officials moved the Reimer Digital Library behind a password-protected firewall on Feb. 6, restricting access to an electronic trove that is popular with researchers for its wealth of field and technical manuals and documents on military operations, education, training and technology. All are unclassified, and most already are approved for public release. "Almost everything connected to the Army is reflected in some way in the Reimer collection," said Steven Aftergood, director of the Project on Government Secrecy at the nonprofit Federation of American Scientists. "It provides the public with an unparalleled window into Army policy. It provides unclassified resources on military planning and doctrine." Aftergood ... said the collection offers specialized military manuscripts that do not appear on the shelves of local libraries. These include documents on the Army's use of unmanned aircraft [and] tactics and techniques for the use of nonlethal weapons. "All of this stuff had been specifically approved for public release," Aftergood said. "I think it's a case of bureaucracy run amok. And it's a familiar impulse to secrecy that needs to be challenged at every turn." In 2006, the National Archives acknowledged that the CIA and other agencies had withdrawn thousands of records from the public shelves ... and inappropriately reclassified many of them. Early in 2002, then-Attorney General John D. Ashcroft issued a memo urging federal agencies to use whatever legal means necessary to reject Freedom of Information Act requests for public documents.

Note: For reliable reports on escalating government secrecy from reliable, verifiable sources, click here.

Advertisers using 'directed sound' to get in your head
2008-02-19, Atlanta Journal-Constitution (Atlanta's leading newspaper)
Posted: 2008-02-25 08:27:52
http://www.ajc.com/services/content/business/stories/2008/02/18/sound_0219.html

If you hear mysterious voices in your head the next time you stroll down the street, they may be trying to sell you something. That was the case recently in New York when people walking beneath a billboard for the A&E show "Paranormal State" suddenly heard a woman's disembodied voice whisper: "Who's there? Who's there?" and "It's not your imagination." The creepy effect was caused by technology called Audio Spotlight that projects sound in a focused beam so only people in a certain spot can hear it. "The idea of directing sound was a real uphill battle when we first started, but all of a sudden people are coming to us saying, 'We have to have directional sound. We don't want all this noise in our store,' " said Woody Norris, founder of American Technology Corp. in San Diego. Norris said he has sold many units for use with video screens in checkout lines in ... grocery stores so audio can reach waiting customers without constantly bombarding store workers. While some of the advertising applications are recent, directed sound is often used in museums and other places where sound must be focused on people standing in front of an exhibit or display without disturbing those around them. Smithsonian museums in Washington have used [such] systems [as have] the New York Public Library, the Boston Museum of Fine Arts and ... the observation deck of the Seattle Space Needle. Directed-sound devices ... use narrow beams of ultrasound waves that can't be heard by human ears. The beam distorts air as it passes through, generating sound people can hear along its length.

Note: It's not hard to imagine non-advertising uses for this invasive technology. Could it possibly be used to influence people's thinking in ways other than advertising?

Justice Official Defends Rough CIA Interrogations
2008-02-17, Washington Post
Posted: 2008-02-25 08:19:32
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/16/AR20080216026...

The Bush administration allowed CIA interrogators to use tactics that were "quite distressing, uncomfortable, even frightening," as long as they did not cause enough severe and lasting pain to constitute illegal torture, a senior Justice Department official said last week. In testimony before a House subcommittee, Steven G. Bradbury, the acting chief of the Justice Department's Office of Legal Counsel, spelled out how the administration regulated the CIA's use of rough tactics and offered new details of how [waterboarding] was used to compel disclosures by prisoners. Bradbury indicated that no water entered the lungs of the three prisoners who were subjected to the practice, lending credence to previous accounts that the noses and mouths of CIA captives were covered in cloth or cellophane. Cellophane could pose a serious asphyxiation risk, torture experts said. Bradbury's unusually frank testimony ... stunned many civil liberties advocates and outside legal scholars who have long criticized the Bush administration's secretive and aggressive interrogation policies. Martin S. Lederman, a former Office of Legal Counsel official who teaches law at Georgetown University, called Bradbury's testimony "chilling." Lederman said that "to say that this is not severe physical suffering -- is not torture -- is absurd. And to invoke the defense that what the Spanish Inquisition did was worse and that we use a more benign, non-torture form of waterboarding . . . is obscene." Bradbury wrote two secret memos in 2005 that authorized waterboarding, head-slapping and other harsh tactics by the CIA. As a result of that and other issues, Senate Democrats have repeatedly blocked Bradbury's nomination to head the legal counsel's office permanently.

The FBI Deputizes Business
2008-02-07, Common Dreams
Posted: 2008-02-17 12:27:37
http://www.commondreams.org/archive/2008/02/07/6918/

Today, more than 23,000 representatives of private industry are working quietly with the FBI and the Department of Homeland Security. The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does -- and, at least on one occasion, before elected officials. In return, they provide information to the government, which alarms the ACLU. But there may be more to it than that. One business executive, who showed me his InfraGard card, told me they have permission to "shoot to kill"� in the event of martial law. In November 2001, InfraGard had around 1,700 members. As of late January, InfraGard had 23,682 members, according to its website, www.infragard.net, which adds that "350 of our nation's Fortune 500 have a representative in InfraGard."� FBI Director Robert Mueller addressed an InfraGard convention on August 9, 2005. He urged InfraGard members to contact the FBI if they "note suspicious activity or an unusual event." And he said they could sic the FBI on "disgruntled employees who will use knowledge gained on the job against their employers."�

Note: We don't normally use Common Dreams as a news source, but as this news is so important and the major media failed to report it, we decided to include this article here. For a revealing report by the ACLU on this key topic, click here. For important reports from major media sources on threats to civil liberties, click here.

Is Ombudsman Already in Jeopardy?
2008-02-06, Washington Post
Posted: 2008-02-17 12:19:58
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/05/AR20080205028...

Hours before the new year, open-government groups won a key victory in their years-long fight to force government agencies to release documents without months, and sometimes years, of delay. The moment came when President Bush reluctantly signed a law enforcing better compliance with the Freedom of Information Act. But in his budget request this week, Bush proposed shifting a newly created ombudsman's position from the National Archives and Records Administration to the Department of Justice. Because the ombudsman would be the chief monitor of compliance with the new law, that move is akin to killing the critical function, some members of Congress and watchdog groups say. "Justice represents the agencies when they're sued over FOIA ... It doesn't make a lot of sense for them to be the mediator," said Kristin Adair, staff counsel at the National Security Archive. The law establishes the ombudsman's office to hear disputes over unmet FOIA requests, monitor agencies and foster best practices. The ombudsman would be part of the National Archives and Records Administration, the non-partisan repository where most of the nation's important documents eventually wind up, and from which they are distributed. The Justice Department has hardly shown itself to be a strong supporter of public information requests: After the Sept. 11, 2001, terrorist attacks, then-Attorney General John D. Ashcroft issued a memo urging agencies to use all legal means to refuse public document requests. A recent review of overdue FOIA requests by the National Security Archive criticizes Justice for holding up public records releases. In at least four cases, the delay was for more than 15 years.

Note: For many revealing major media reports on government secrecy, click here.

Spies' Battleground Turns Virtual
2008-02-06, Washington Post
Posted: 2008-02-17 12:17:30
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/05/AR20080205031...

U.S. intelligence officials are [now claiming] that popular Internet services that enable computer users to adopt cartoon-like personas in three-dimensional online spaces also are creating security vulnerabilities by opening novel ways ... to move money, organize and conduct corporate espionage. Over the last few years, "virtual worlds" such as Second Life and other role-playing games have become home to millions of computer-generated personas known as avatars. By directing their avatars, people can take on alternate personalities, socialize, explore and earn and spend money across uncharted online landscapes. Nascent economies have sprung to life in these 3-D worlds, complete with currency, banks and shopping malls. Corporations and government agencies have opened animated virtual offices, and a growing number of organizations hold meetings where avatars gather and converse in newly minted conference centers. Intelligence officials ... say they're convinced that the qualities that many computer users find so attractive about virtual worlds -- including anonymity, global access and the expanded ability to make financial transfers outside normal channels -- have turned them into seedbeds for transnational threats. The government's growing concern seems likely to make virtual worlds the next battlefield in the struggle over the proper limits on the government's quest to [expand] data collection and analysis and the surveillance of commercial computer systems. Virtual worlds could also become an actual battlefield. The intelligence community has begun contemplating how to use Second Life and other such communities as platforms for cyber weapons.

Rule by fear or rule by law?
2008-02-04, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2008-02-10 12:36:09
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/04/ED5OUPQJ7.DTL

Since 9/11, and seemingly without the notice of most Americans, the federal government has assumed the authority to institute martial law, arrest a wide swath of dissidents (citizen and noncitizen alike), and detain people without legal or constitutional recourse in the event of "an emergency influx of immigrants in the U.S., or to support the rapid development of new programs." Beginning in 1999, the government has entered into a series of single-bid contracts with Halliburton subsidiary Kellogg, Brown and Root (KBR) to build detention camps at undisclosed locations within the United States. The government has also contracted with several companies to build thousands of railcars, some reportedly equipped with shackles, ostensibly to transport detainees. According to diplomat and author Peter Dale Scott, the KBR contract is part of a Homeland Security plan titled ENDGAME, which sets as its goal the removal of "all removable aliens" and "potential terrorists." What kind of "new programs" require the construction and refurbishment of detention facilities in nearly every state of the union with the capacity to house perhaps millions of people? The 2007 National Defense Authorization Act (NDAA) ... gives the executive the power to invoke martial law. The Military Commissions Act of 2006 ... allows for the indefinite imprisonment of anyone who ... speaks out against the government's policies. The law calls for secret trials for citizens and noncitizens alike. What could the government be contemplating that leads it to make contingency plans to detain without recourse millions of its own citizens?

Note: This important warning from former U.S. Congressman Dan Hamburg and Lewis Seiler should be read in its entirety. For more chilling reports on serious threats to our civil liberties, click here.

Clarity Sought on Electronics Searches
2008-02-07, Washington Post
Posted: 2008-02-10 12:33:44
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/06/AR20080206047...

The Electronic Frontier Foundation and Asian Law Caucus, two civil liberties groups in San Francisco, [have filed] a lawsuit to force the government to disclose its policies on border searches, including which rules govern the seizing and copying of the contents of electronic devices. They also want to know the boundaries for asking travelers about their political views, religious practices and other activities potentially protected by the First Amendment. The lawsuit was inspired by two dozen cases, 15 of which involved searches of cellphones, laptops, MP3 players and other electronics. Almost all involved travelers of Muslim, Middle Eastern or South Asian background. "It's one thing to say it's reasonable for government agents to open your luggage," said David D. Cole, a law professor at Georgetown University. "It's another thing to say it's reasonable for them to read your mind and everything you have thought over the last year. What a laptop records is as personal as a diary but much more extensive. It records every Web site you have searched. Every e-mail you have sent. It's as if you're crossing the border with your home in your suitcase." Mark Rasch, a technology security expert with FTI Consulting and a former federal prosecutor, [said] "Your kid can be arrested because they can't prove the songs they downloaded to their iPod were legally downloaded," he said. "Lawyers run the risk of exposing sensitive information about their client. Trade secrets can be exposed to customs agents with no limit on what they can do with it. Journalists can expose sources, all because they have the audacity to cross an invisible line."

Note: For many recent stories on threats to our civil liberties, click here.

Time Runs Out for an Afghan Held by the U.S.
2008-02-05, New York Times
Posted: 2008-02-10 12:32:07
http://www.nytimes.com/2008/02/05/world/asia/05gitmo.html?ex=1359867600&en=19...

Abdul Razzaq Hekmati was regarded here as a war hero, famous for ... a daring prison break he organized for three opponents of the Taliban government in 1999. But in 2003, Mr. Hekmati was arrested by American forces in southern Afghanistan when, senior Afghan officials ... contend, he was falsely accused by his enemies of being a Taliban commander himself. For the next five years he was held at the American military base in Guantánamo Bay, Cuba, where he died of cancer on Dec. 30. The fate of Mr. Hekmati, the first detainee to die of natural causes at Guantánamo ... demonstrates the enduring problems of the tribunals at Guantánamo. Afghan officials, and some Americans, complain that detainees are effectively thwarted from calling witnesses in their defense, and that the Afghan government is never consulted on the detention cases, even when it may be able to help. Mr. Hekmati’s case, officials who knew him said, shows that sometimes the Americans do not seem to know whom they are holding. In a report in February 2006 ... researchers at Seton Hall University School of Law ... concluded that no outside witnesses had ever been called to appear at Guantánamo. Lt. Col. Stephen E. Abraham ... stepped forward last June to criticize the tribunals. In a submission to the Supreme Court, he condemned them for relying on generalized evidence that would have been dismissed by any competent court, and as being devised to rubber-stamp the administration’s assertion that the detainees had been correctly designated “enemy combatants” when they were captured and that they could be held indefinitely.

Schweitzer seeks other governors to oppose REAL ID
2008-01-19, Associated Press
Posted: 2008-02-10 12:22:59
http://www.kptm.com/Global/story.asp?S=7745822&nav=menu606_2_4

Montana Governor Brian Schweitzer is urging a third of the nation's governors to join him in opposing the implementation of a national identification card, saying they can force Congress to change it. Schweitzer, who last year said "no, nope, no way, hell no" to the federal plan calling for national driver's licenses under the REAL ID Act, sent a letter yesterday to 17 other governors asking them to oppose a Department of Homeland Security effort to penalize states that have not adopted the mandate. Homeland Security has said recently that travelers from states that have not adopted the license will have to use a passport or certain types of federal border-crossing cards if they want to avoid a vigorous secondary screening at airport security.

Greater Use of Privilege Spurs Concern
2008-01-29, Washington Post
Posted: 2008-02-03 12:00:46
http://www.washingtonpost.com/wp-dyn/content/article/2008/01/28/AR20080128024...

The U.S. government has been increasing its use of the state secrets privilege to avoid disclosure of classified information in civil lawsuits. Some legal scholars and members of Congress contend that the Bush administration has employed it excessively as it intervened in cases that could expose information about sensitive programs. These include the rendition of detainees to foreign countries for interrogation and cases related to the National Security Agency's use of warrantless wiretaps. The privilege allows the government to argue that lawsuits -- and the information potentially revealed by them -- could damage national security. It gives judges the power to prevent information from reaching public view or to dismiss cases even if they appear to have merit. Sen. Edward M. Kennedy (D-Mass.) ... cited statistics that show the Bush administration has used the state secrets privilege substantially more, on a percentage basis, than previous administrations to block or dismiss lawsuits. Kevin Bankston, a lawyer with the Electronic Frontier Foundation ... said "The administration is attempting to use the privilege as a back-door immunity to obtain dismissal of any case that attempts to put the NSA wiretapping issue in front of a judge. It is no secret such a program existed."

Note: For many disturbing reports on government secrecy from reliable sources, click here.

Like FBI, CIA Has Used Secret 'Letters'
2008-01-25, Washington Post
Posted: 2008-02-03 11:55:31
http://www.washingtonpost.com/wp-dyn/content/article/2008/01/24/AR20080124031...

For three years, the Bush administration has drawn fire from civil liberties groups over its use of national security letters, a kind of administrative subpoena that compels private businesses such as telecommunications companies to turn over information to the government. After the 2001 USA Patriot Act loosened the guidelines, the FBI issued tens of thousands of such requests, something critics say amounts to warrantless spying on Americans who have not been charged with crimes. Now, newly released documents shed light on the use of the letters by the CIA. The spy agency has employed them to obtain financial information about U.S. residents and does so under extraordinary secrecy, according to the American Civil Liberties Union, which obtained copies of CIA letters under the Freedom of Information Act. The CIA's requests for financial records come with "gag orders" on the recipients, said ACLU lawyer Melissa Goodman. In many cases, she said, the recipient is not allowed to keep a copy of the letter or even take notes about the information turned over to the CIA. The ACLU posted copies of some of the letters on its Web site. In most cases, nearly all the text had been redacted by CIA censors.

Note: For many powerful reports on the growing threats to civil liberties, click here.

Microsoft seeks patent for office 'spy' software
2008-01-16, Times of London
Posted: 2008-02-03 11:46:32
http://technology.timesonline.co.uk/tol/news/tech_and_web/article3193480.ece

Microsoft is developing Big Brother-style software capable of remotely monitoring a worker’s productivity, physical wellbeing and competence. The Times has seen a patent application filed by the company for a computer system that links workers to their computers via wireless sensors that measure their metabolism. The system would allow managers to monitor employees’ performance by measuring their heart rate, body temperature, movement, facial expression and blood pressure. Unions said they fear that employees could be dismissed on the basis of a computer’s assessment of their physiological state. This is believed to be the first time a company has proposed developing such software for mainstream workplaces. Microsoft submitted a patent application in the US for a “unique monitoring system” that could link workers to their computers. Wireless sensors could read “heart rate, galvanic skin response, EMG, brain signals, respiration rate, body temperature, movement facial movements, facial expressions and blood pressure”, the application states. The system could also “automatically detect frustration or stress in the user”. Physical changes to an employee would be matched to an individual psychological profile based on a worker’s weight, age and health. If the system picked up an increase in heart rate or facial expressions suggestive of stress or frustration, it would tell management. Civil liberties groups and privacy lawyers strongly criticised the potential of the system for “taking the idea of monitoring people at work to a new level”.

Note: For revealing reports from major media sources on the increasing surveillance of all aspects of society by secret government and corporate programs, click here.

Inquisition at JPL
2008-01-16, Los Angeles Times
Posted: 2008-01-27 08:30:34
http://www.latimes.com/news/opinion/la-oe-rutten16jan16,0,2608869.story

For the last four years, two robot rovers operated from the Jet Propulsion Laboratory in La Canada Flintridge have been moving across the surface of Mars, taking photographs and collecting information. It's an epic event in the history of exploration, one of many for which JPL's 7,000 civilian scientists and engineers are responsible -- when they're not fending off the U.S. government's attempts to conduct an intimidating and probably illegal inquisition into the intimate details of their lives. The problem began -- as so many have -- in the security mania that gripped the Bush administration after 9/11. Presidential Directive No. 12, issued by the Department of Homeland Security, directed federal agencies to adopt a uniform badge that could be used by employees and contractors to gain access to government facilities. NASA Administrator Michael Griffin ... directed Caltech, which has a contract to run JPL for NASA, to make sure all of the lab's employees complied. The government demanded that the scientists, in order to get the badges, fill out questionnaires on their personal lives and waive the privacy of their financial, medical and psychiatric records. The government also wanted permission to gather information about them by interviewing third parties. Twenty-eight of JPL's senior scientists sued in federal court to stop the government and Caltech from forcing them to agree to the background checks as the price of keeping their jobs. They point out that Griffin is one of those who remain skeptical that human actions contribute to global warming, and that some of JPL's near-Earth science has played a critical role in establishing the empirical case to the contrary. They see the background checks as the first step toward establishing a system of intimidation that might be used to silence inconvenient science.

Note: For many disturbing reports on threats to our civil liberties, click here.

President Bush is trying to pardon himself
2006-09-27, CNN The Situation Room
Posted: 2008-01-27 08:06:59
http://transcripts.cnn.com/TRANSCRIPTS/0609/27/sitroom.02.html

BLITZER: Let's check in with Jack Cafferty right now. JACK CAFFERTY, CNN ANCHOR: The House just passed President Bush's bill to redefine the treatment of detainees, and the Senate's expected to do the same thing tomorrow. Buried deep inside this legislation is a provision that will pardon President Bush and all the members of his administration of any possible crimes connected with the torture and mistreatment of detainees dated all the way back to September 11, 2001. At least President Nixon had Gerald Ford to do his dirty work. President Bush is trying to pardon himself. Under the War Crimes Act, violations of the Geneva Conventions are felonies. In some cases, punishable by death. When the Supreme Court ruled the Geneva Conventions applied to al Qaeda and Taliban detainees, President Bush and his boys were suddenly in big trouble. They had been working these prisoners over pretty good. In an effort to avoid possible prosecution, they're trying to cram this bill through Congress before the end of the week when Congress adjourns. The reason there's such a rush to do this, if the Democrats get control of the House in November, well, this kind of legislation probably wouldn't pass. You want to know the real disgrace of what these people are about to do or are in the process of doing? Senator Bill Frist and Congressman Dennis Hastert and their Republican stooges apparently don't see anything wrong with this. I really do wonder sometimes what we're becoming in this country. The question is this: Should Congress pass a bill giving retroactive immunity to President Bush for possible war crimes?

Note: To watch a video clip of this broadcast, click here.

New rules on licenses pit states against feds
2008-01-11, CNN
Posted: 2008-01-20 08:06:24
http://www.cnn.com/2008/US/01/11/real.id.ap/index.html

Residents of at least 17 states are suddenly stuck in the middle of a fight between the Bush administration and state governments over post-September 11 security rules for driver's licenses -- a dispute that, by May, could leave millions of people unable to use their licenses to board planes or enter federal buildings. Homeland Security Secretary Michael Chertoff, who unveiled final details of the REAL ID Act's rules on Friday, said that if states want their licenses to remain valid for air travel after May 2008, those states must seek a waiver indicating they want more time to comply with the legislation. Chertoff said that in instances where a particular state doesn't seek a waiver, its residents will have to use a passport or a newly created federal passport card if they want to avoid a vigorous secondary screening at airport security. Chertoff spoke as he discussed the details of the administration's plan to improve security for driver's licenses in all 50 states -- an effort delayed due to opposition from states worried about the cost and civil libertarians upset about what they believe are invasions of privacy. Under the rules announced Friday, Americans born after Dec. 1, 1964, will have to get more secure driver's licenses in the next six years. The American Civil Liberties Union has fiercely objected to the effort, particularly the sharing of personal data among government agencies. In its written objection to the law, the ACLU claims REAL ID amounts to the "first-ever national identity card system," which "would irreparably damage the fabric of American life."

Slave labour that shames America
2007-12-19, The Independent (One of the U.K.'s leading newspapers)
Posted: 2008-01-05 10:58:03
http://news.independent.co.uk/world/americas/article3263500.ece

Three Florida fruit-pickers, held captive and brutalised by their employer for more than a year, finally broke free of their bonds by punching their way through the ventilator hatch of the van in which they were imprisoned. Once outside, they dashed for freedom. When they found sanctuary one recent Sunday morning, all bore the marks of heavy beatings to the head and body. One of the pickers had a nasty, untreated knife wound on his arm. Police would learn later that another man had his hands chained behind his back every night to prevent him escaping, leaving his wrists swollen. The migrants were not only forced to work in sub-human conditions but mistreated and forced into debt. They were locked up at night and had to pay for sub-standard food. If they took a shower with a garden hose or bucket, it cost them $5. Their story of slavery and abuse in the fruit fields of sub-tropical Florida threatens to lift the lid on some appalling human rights abuses in America today. Between December and May, Florida produces virtually the entire US crop of field-grown fresh tomatoes. Fruit picked here in the winter months ends up on the shelves of supermarkets and is also served in the country's top restaurants and in tens of thousands of fast-food outlets. But conditions in the state's fruit-picking industry range from straightforward exploitation to forced labour. Tens of thousands of men, women and children – excluded from the protection of America's employment laws and banned from unionising – work their fingers to the bone for rates of pay which have hardly budged in 30 years. Until now, even appeals from the former president Jimmy Carter to help raise the wages of fruit-pickers have gone unheeded. Fruit-pickers, who typically earn about $200 (£100) a week, are part of an unregulated system designed to keep food prices low and the plates of America's overweight families piled high.

The Court That May Not Be Heard
2007-12-15, New York Times
Posted: 2007-12-28 10:18:33
http://www.nytimes.com/2007/12/15/opinion/15sat2.html?ex=1355374800&en=722ead...

The Foreign Intelligence Surveillance Court, the special court that reviews government requests for warrants to spy on suspected foreign agents in the United States, seems to have forgotten that its job is to ensure that the government is accountable for following the law — not to help the Bush administration keep its secrets. Last week, the court denied a request by the American Civil Liberties Union to release portions of past rulings that would explain how it has interpreted the Foreign Intelligence Surveillance Act, or FISA. The court should share its legal reasoning with the public. After the 9/11 attacks, the National Security Agency for years engaged in domestic spying that violated both FISA and the Constitution. Earlier this year, after a court ruled that the program was illegal, the Bush administration said that in the future it would conduct surveillance with the approval of the intelligence court. At the same time, it announced that a judge of the court had issued orders setting out how the program could proceed. The administration has repeatedly referred to these orders, but has refused to make them public. As a result, it is impossible for the American people — and even some members of Congress — to know how the court reached its conclusions, or the state of the law with respect to domestic surveillance. The idea of courts developing law in secret and handing down legal principles that the public cannot know about should not be part of the American legal system. That is especially true when the subject matter is as important as the government spying on its citizens, an issue the founders — who drafted the Fourth Amendment — cared about deeply. The people have a right to know how the act, which is in the process of being revised, is being interpreted so they can tell their elected representatives what they think the law should be.

FBI Prepares Vast Database Of Biometrics
2007-12-22, Washington Post
Posted: 2007-12-27 21:08:21
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/21/AR20071221025...

The FBI is embarking on a $1 billion effort to build the world's largest computer database of peoples' physical characteristics, a project that would give the government unprecedented abilities to identify individuals in the United States and abroad. Digital images of faces, fingerprints and palm patterns are already flowing into FBI systems. Next month, the FBI intends to award a 10-year contract that would significantly expand the amount and kinds of biometric information it receives. And in the coming years, law enforcement authorities around the world will be able to rely on iris patterns, face-shape data, scars and perhaps even the unique ways people walk and talk, to ... identify [people]. The increasing use of biometrics for identification is raising questions about the ability of Americans to avoid unwanted scrutiny. It is drawing criticism from those who worry that people's bodies will become de facto national identification cards. "It's going to be an essential component of tracking," said Barry Steinhardt, director of the Technology and Liberty Project of the American Civil Liberties Union. "It's enabling the Always On Surveillance Society." The FBI's biometric database ... communicates with the Terrorist Screening Center's database of suspects and the National Crime Information Center database, which is the FBI's master criminal database of felons, fugitives and terrorism suspects. At the West Virginia University Center for Identification Technology Research (CITeR) ... researchers are working on capturing images of people's irises at distances of up to 15 feet, and of faces from as far away as 200 yards. Soon, those researchers will do biometric research for the FBI. Covert iris- and face-image capture is several years away, but it is of great interest to government agencies.

Note: For many important major-media reports on threats to privacy, click here.

Hoover Planned Mass Jailing in 1950
2007-12-23, New York Times
Posted: 2007-12-27 20:55:55
http://www.nytimes.com/2007/12/23/washington/23habeas.html?ex=1356066000&en=5...

A newly declassified document shows that J. Edgar Hoover, the longtime director of the Federal Bureau of Investigation, had a plan to suspend habeas corpus and imprison some 12,000 Americans he suspected of disloyalty. Hoover sent his plan to the White House on July 7, 1950, 12 days after the Korean War began. It envisioned putting suspect Americans in military prisons. Hoover wanted President Harry S. Truman to proclaim the mass arrests necessary to “protect the country against treason, espionage and sabotage.” The F.B.I would “apprehend all individuals potentially dangerous” to national security, Hoover’s proposal said. The arrests would be carried out under “a master warrant attached to a list of names” provided by the bureau. The names were part of an index that Hoover had been compiling for years. “The index now contains approximately twelve thousand individuals, of which approximately ninety-seven per cent are citizens of the United States,” he wrote. “In order to make effective these apprehensions, the proclamation suspends the Writ of Habeas Corpus,” it said. Habeas corpus, the right to seek relief from illegal detention, has been a fundamental principle of law for seven centuries. Hoover’s plan called for “the permanent detention” of the roughly 12,000 suspects at military bases as well as in federal prisons. The prisoners eventually would have had a right to a hearing under the Hoover plan. The hearing board would have been a panel made up of one judge and two citizens. But the hearings “will not be bound by the rules of evidence,” his letter noted. The only modern precedent for Hoover’s plan was the Palmer Raids of 1920, named after the attorney general at the time. The raids, executed in large part by Hoover’s intelligence division, swept up thousands of people suspected of being communists and radicals.

Note: For understandable reasons, many are concerned at how the current administration has weakened habeas corpus in recent years. Any cititzen who is declared an enemy combatant is no longer protected.

Here come the thought police
2007-11-19, Baltimore Sun (Baltimore's leading newspaper)
Posted: 2007-12-02 13:04:14
http://www.baltimoresun.com/news/opinion/oped/bal-op.thoughtpolice19nov19,0,2...

With overwhelming bipartisan support, Rep. Jane Harman's "Violent Radicalization and Homegrown Terrorism Prevention Act" passed the House 404-6 late last month. Swift Senate passage appears certain. Not since the "Patriot Act" of 2001 has any bill so threatened our constitutionally guaranteed rights. Diverse groups vigorously oppose Ms. Harman's effort to stifle dissent. Unfortunately, the mainstream press and leading presidential candidates remain silent. Ms. Harman ... thinks it likely that the United States will face a native brand of terrorism in the immediate future and offers a plan to deal with ideologically based violence. But her plan is a greater danger to us than the threats she fears. Her bill tramples constitutional rights by creating a commission with sweeping investigative power and a mandate to propose laws prohibiting whatever the commission labels "homegrown terrorism." The proposed commission is a menace through its power to hold hearings, take testimony and administer oaths, an authority granted to even individual members of the commission - little Joe McCarthys - who will tour the country to hold their own private hearings. Ms. Harman's proposal includes an absurd attack on the Internet ... and legalizes an insidious infiltration of targeted organizations. While Ms. Harman denies that her proposal creates "thought police," it defines "homegrown terrorism" as "planned" or "threatened" use of force to coerce the government or the people in the promotion of "political or social objectives." That means that no force need actually have occurred as long as the government charges that the individual or group thought about doing it. Any social or economic reform is fair game. The bill defines "violent radicalization" as promoting an "extremist belief system." But American governments, state and national, have a long history of interpreting radical "belief systems" as inevitably leading to violence to facilitate change.

Note: For many major media reports on serious new threats to civil liberties, click here.

"A Blow at the Core of Fourth Amendment Protections"
2007-11-28, New York Times
Posted: 2007-12-02 13:00:17
http://www.nytimes.com/2007/11/28/opinion/28wed2.html

The Constitution protects individuals against unreasonable searches, but for this protection to have practical meaning, the courts must enforce it. This week, the Supreme Court let stand a disturbing ruling out of California that allows law enforcement to barge into people’s homes without a warrant. The case has not prompted much outrage, perhaps because the people whose privacy is being invaded are welfare recipients, but it is a serious setback for the privacy rights of all Americans. San Diego County’s district attorney has a program called Project 100% that is intended to reduce welfare fraud. Applicants for welfare benefits are visited by law enforcement agents, who show up unannounced and examine the family’s home, including the insides of cabinets and closets. The program does not meet the standards set out by the Fourth Amendment. For a search to be reasonable, there generally must be some kind of individualized suspicion of wrongdoing. These searches are done in the homes of people who have merely applied for welfare and have done nothing to arouse suspicion. The United States Court of Appeals for the Ninth Circuit, based in San Francisco, rejected a challenge brought by welfare recipients. In ruling that the program does not violate the Constitution, the majority made the bizarre assertion that the home visits are not “searches.” It is a fun-house mirrors version of constitutional analysis for a court to say that government agents are not conducting a search when they show up unannounced in a person’s home and rifle through her bedroom dresser. Judge Harry Pregerson, writing for himself and six other Ninth Circuit judges who voted to reconsider the case, got it right. The majority decision upholding Project 100%, Judge Pregerson wrote, “strikes an unprecedented blow at the core of Fourth Amendment protections.” When the government is allowed to show up unannounced without a warrant and search people’s homes, it is bad news for all of us.

FBI's Forensic Test Full of Holes
2007-11-18, Washington Post
Posted: 2007-11-25 11:20:26
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/17/AR20071117016...

Hundreds of defendants sitting in prisons nationwide have been convicted with the help of an FBI forensic tool that was discarded more than two years ago. But the FBI lab has yet to take steps to alert the affected defendants or courts, even as the window for appealing convictions is closing, a joint investigation by The Washington Post and "60 Minutes" has found. The science, known as comparative bullet-lead analysis, was first used after President John F. Kennedy's assassination in 1963. The technique used chemistry to link crime-scene bullets to ones possessed by suspects on the theory that each batch of lead had a unique elemental makeup. In 2004, however, the nation's most prestigious scientific body concluded that variations in the manufacturing process rendered the FBI's testimony about the science "unreliable and potentially misleading." Specifically, the National Academy of Sciences said that decades of FBI statements to jurors linking a particular bullet to those found in a suspect's gun or cartridge box were so overstated that such testimony should be considered "misleading under federal rules of evidence." A year later, the bureau abandoned the analysis. But the FBI lab has never gone back to determine how many times its scientists misled jurors. Internal memos show that the bureau's managers were aware by 2004 that testimony had been overstated in a large number of trials. In a smaller number of cases, the experts had made false matches based on a faulty statistical analysis of the elements contained in different lead samples, documents show. The government has fought releasing the list of the estimated 2,500 cases over three decades in which it performed the analysis. For the majority of affected prisoners, the typical two-to-four-year window to appeal their convictions based on new scientific evidence is closing.

Big Brother Spying on Americans' Internet Data?
2007-11-07, ABC News
Posted: 2007-11-18 10:38:02
http://abcnews.go.com/Politics/Story?id=3833172

According to a former AT&T employee, the government has warrantless access to a great deal of Internet traffic should they care to take a peek. As information is traded between users it flows also into a locked, secret room on the sixth floor of AT&T's San Francisco offices and other rooms around the country -- where the U.S. government can sift through and find the information it wants, former AT&T employee Mark Klein alleged Wednesday at a press conference on Capitol Hill. "An exact copy of all Internet traffic that flowed through critical AT&T cables -- e-mails, documents, pictures, Web browsing, voice-over-Internet phone conversations, everything -- was being diverted to equipment inside the secret room," he said. Klein ... said that as an AT&T technician overseeing Internet operations in San Francisco, he helped maintain optical splitters that diverted data en route to and from AT&T customers. One day he found that the splitters were hard-wired into a secret room on the sixth floor. Documents he obtained [from] AT&T showed that highly sophisticated data mining equipment was kept there. Conversations he had with other technicians and the AT&T documents led Klein to believe there are 15 to 20 such sites nationwide, including in Seattle, Los Angeles, San Jose, San Diego and Atlanta, he said. Brian Reid, a former Stanford electrical engineering professor who appeared with Klein, said the NSA would logically collect phone and Internet data simultaneously because of the way fiber optic cables are intertwined. He said ... the system described by Klein suggests a "wholesale, dragnet surveillance." Of the major telecom companies, only Qwest is known to have rejected government requests for access to data. Former Qwest CEO Joseph Nacchio, appealing an insider trading conviction last month, said the government was seeking access to data even before Sept. 11.

Companies Seeking Immunity Donate to Senator
2007-10-23, New York Times
Posted: 2007-11-18 10:27:15
http://www.nytimes.com/2007/10/23/washington/23nsa.html?ex=1350792000&en=f9b3...

Executives at the two biggest phone companies contributed more than $42,000 in political donations to Senator John D. Rockefeller IV this year while seeking his support for legal immunity for businesses participating in National Security Agency eavesdropping. The surge in contributions came from a Who’s Who of executives at the companies, AT&T and Verizon, starting with the chief executives and including at least 50 executives and lawyers at the two utilities, according to campaign finance reports. The money came primarily from a fund-raiser that Verizon held for Mr. Rockefeller in March in New York and another that AT&T sponsored for him in May in San Antonio. Mr. Rockefeller, chairman of the Senate Intelligence Committee, [has emerged] as the most important supporter of immunity in [the Senate]. Mr. Rockefeller’s office said ... that the sharp increases in contributions from the telecommunications executives had no influence on his support for the immunity provision. “Any suggestion that Senator Rockefeller would make policy decisions based on campaign contributions is patently false,” Wendy Morigi, a spokeswoman for him, said. AT&T and Verizon have been lobbying hard to insulate themselves from suits over their reported roles in the security agency program by gaining legal immunity from Congress. The effort included meetings with Mr. Rockefeller and other members of the intelligence panels. Mr. Rockefeller received little in the way of contributions from AT&T or Verizon executives before this year, reporting $4,050 from 2002 through 2006. From last March to June, he collected a total of $42,850 from executives at the two companies. The increase was first reported by the online journal Wired, using data compiled by the Web site OpenSecrets.org. [Telecommunications] industry executives have given significant contributions to a number of other Washington politicians, including two presidential contenders, Senators Hillary Rodham Clinton and John McCain.

Blackwater's Owner Has Spies for Hire
2007-11-03, Washington Post
Posted: 2007-11-11 08:48:00
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/02/AR20071102021...

The Prince Group, the holding company that owns Blackwater Worldwide, has been building an operation that will [develop] intelligence ... for clients in industry and government. The operation, Total Intelligence Solutions, has assembled a roster of former ... high-ranking figures from agencies such as the CIA and defense intelligence. Its chairman is Cofer Black, the former head of counterterrorism at CIA known for his leading role in many of the agency's more controversial programs, including the rendition and interrogation of ... suspects and the detention of some of them in secret prisons overseas. Its chief executive is Robert Richer, a former CIA associate deputy director of operations who was heavily involved in running the agency's role in the Iraq war. Because of its roster and its ties to owner Erik Prince, the multimillionaire former Navy SEAL, the company's thrust into this world highlights the blurring of lines between government, industry and activities formerly reserved for agents operating in the shadows. Richer, for instance, once served as the chief of the CIA's Near East division and is said to have ties to King Abdullah of Jordan. The CIA had spent millions helping train Jordan's intelligence service in exchange for information. Now Jordan has hired Blackwater to train its special forces. "Cofer can open doors," said Richer, who served 22 years at the CIA. "I can open doors. We can generally get in to see who we need to see. We ... can deal with the right minister or person." "They have the skills and background to do anything anyone wants," said RJ Hillhouse, who writes a national security blog called The Spy Who Billed Me. "There's no oversight. They're an independent company offering freelance espionage services. They're rent-a-spies."

Librarians Say Surveillance Bills Lack Adequate Oversight
2007-11-02, Washington Post
Posted: 2007-11-11 08:43:38
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/01/AR20071101022...

A little-remarked feature of pending legislation on domestic surveillance has provoked alarm among university and public librarians who say it could allow federal intelligence-gathering on library patrons without sufficient court oversight. Draft House and Senate bills would allow the government to compel any "communications service provider" to provide access to e-mails and other electronic information within the United States. The Justice Department has previously said that "providers" may include libraries, causing three major university and library groups to worry that the government's ability to monitor people targeted for surveillance without a warrant would chill students' and faculty members' online research activities. "It is fundamental that when a user enters the library, physically or electronically," said Jim Neal, the head librarian at Columbia University, "their use of the collections, print or electronic, their communications on library servers and computers, is not going to be subjected to surveillance unless the courts have authorized it." The librarians said their concern about such monitoring is rooted in recent history. In the summer of 2005, FBI agents handed an administrative subpoena called a national security letter (NSL) to a Connecticut librarian, and demanded subscriber, billing and other information on patrons who used a specific computer at a branch library. NSLs can be approved by certain FBI agents without court approval. The agents ordered the librarian to keep the demand secret. But he refused to produce the records, and his employer filed suit, challenging the gag order. A federal judge in September 2005 declared the gag order unconstitutional. The Association of Research Libraries, ... the American Library Association ... and the Association of American Universities ... each say they seek to amend the draft bills to make clear that the term "communications provider" does not include libraries.

Note: For more eye-opening reports from major media sources on the erosion of civil liberties, click here.

State Department Use of Contractors Leaps in 4 Years
2007-10-19, New York Times
Posted: 2007-11-11 08:29:15
http://www.nytimes.com/2007/10/24/washington/24contractor.html?ex=1350878400&...

Over the past four years, the amount of money the State Department pays to private security and law enforcement contractors has soared to nearly $4 billion a year from $1 billion, ... but ... the department had added few new officials to oversee the contracts. Auditors and outside exerts say the results have been vast cost overruns, poor contract performance and, in some cases, violence that has so far gone unpunished. A vast majority of the money goes to companies like DynCorp International and Blackwater [Worldwide] to protect diplomats overseas, train foreign police forces and assist in drug eradication programs. There are only 17 contract compliance officers at the State Department’s management bureau overseeing spending of the billions of dollars on these programs, officials said. Two new reports have delivered harsh judgments about the State Department’s handling of the contracts, including the protective services contract that employs Blackwater guards whose involvement in a Sept. 16 shooting in Baghdad has raised questions about their role in guarding American diplomats in Iraq. The ballooning budget for outside contracts at the State Department is emblematic of a broader trend, contracting experts say. The Bush administration has doubled the amount of government money going to all types of contractors to $400 billion, creating a new and thriving class of post-9/11 corporations carrying out delicate work for the government. But the number of government employees issuing, managing and auditing contracts has barely grown. “That’s a criticism that’s true of not just State but of almost every agency,” said Jody Freeman, an expert on administrative law at Harvard Law School.

The ‘Good Germans’ Among Us
2007-10-14, New York Times
Posted: 2007-11-11 08:26:11
http://www.nytimes.com/2007/10/14/opinion/14rich2.html?ex=1350014400&en=83a8b...

“Bush lies” doesn’t cut it anymore. It’s time to confront the darker reality that we are lying to ourselves. By any legal standards except those rubber-stamped by Alberto Gonzales, we are practicing torture, and we have known we are doing so ever since photographic proof emerged from Abu Ghraib more than three years ago. As Andrew Sullivan, once a Bush cheerleader, observed last weekend in The Sunday Times of London, America’s “enhanced interrogation” techniques have a grotesque provenance: “Verschärfte Vernehmung, enhanced or intensified interrogation, was the exact term innovated by the Gestapo to describe what became known as the ‘third degree.’ It left no marks. It included hypothermia, stress positions and long-time sleep deprivation.” We must ... examine our own responsibility for the hideous acts committed in our name in a war where we have now fought longer than we did in the one that put Verschärfte Vernehmung on the map. The war was sold by a ... fear-fueled White House propaganda campaign designed to stampede a nation still shellshocked by 9/11. Both Congress and the press — the powerful institutions that should have provided the checks, balances and due diligence of the administration’s case — failed to do their job. Had they done so, more Americans might have raised more objections. This perfect storm of democratic failure began at the top. [But] as the war has dragged on, it is hard to give Americans en masse a pass. We are too slow to notice, let alone protest, the calamities that have followed the original sin. Our humanity has been compromised by those who use Gestapo tactics in our war. The longer we stand idly by while they do so, the more we resemble those “good Germans” who professed ignorance of their own Gestapo.

Privacy Lost: These Phones Can Find You
2007-10-23, New York Times
Posted: 2007-10-26 08:23:31
http://www.nytimes.com/2007/10/23/technology/23mobile.html?ex=1350792000&en=e...

Two new questions arise, courtesy of the latest advancement in cellphone technology: Do you want your friends, family, or colleagues to know where you are at any given time? And do you want to know where they are? Obvious benefits come to mind. Parents can take advantage of the Global Positioning System chips embedded in many cellphones to track the whereabouts of their phone-toting children. And for teenagers and 20-somethings, who are fond of sharing their comings and goings on the Internet, youth-oriented services like Loopt and Buddy Beacon are a natural next step. But ... if G.P.S. [makes] it harder to get lost, new cellphone services are now making it harder to hide. “There are massive changes going on in society, particularly among young people who feel comfortable sharing information in a digital society,” said Kevin Bankston, a staff lawyer at the Electronic Frontier Foundation. “We seem to be getting into a period where people are closely watching each other,” he said. “There are privacy risks we haven’t begun to grapple with.” What if a boss asks an employee to use the service? Almost 55 percent of all mobile phones sold today in the United States have the technology that makes such friend- and family-tracking services possible. Consumers can turn off their service, making them invisible to people in their social-mapping network. Still, the G.P.S. service embedded in the phone means that your whereabouts are not a complete mystery. “There is a Big Brother component,” said Charles S. Golvin, a wireless analyst. “The thinking goes that if my friends can find me, the telephone company knows my location all the time, too.”

Note: For revealing major media reports of privacy risks and invasions, click here.

Immunity for Telecoms May Set Bad Precedent, Legal Scholars Say
2007-10-22, Washington Post
Posted: 2007-10-26 08:19:58
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/21/AR20071021010...

When previous Republican administrations were accused of illegality in the FBI and CIA spying abuses of the 1970s or the Iran-Contra affair of the 1980s, Democrats in Congress launched investigations or pushed for legislative reforms. But last week, faced with admissions by several telecommunication companies that they assisted the Bush administration in warrantless spying on Americans, leaders of the Senate intelligence committee took a much different tack -- proposing legislation that would grant those companies retroactive immunity from prosecution or lawsuits. The proposal marks the second time in recent years that Congress has moved toward providing legal immunity for past actions that may have been illegal. The Military Commissions Act, passed by a GOP-led Congress in September 2006, provided retroactive immunity for CIA interrogators who could have been accused of war crimes for mistreating detainees. Legal experts say the granting of such retroactive immunity by Congress is unusual, particularly in a case involving private companies. "It's particularly unusual in the case of the telecoms because you don't really know what you're immunizing," said Louis Fisher, a specialist in constitutional law with the Law Library of the Library of Congress. Civil liberties groups and many academics argue that Congress is allowing the government to cover up possible wrongdoing and is inappropriately interfering in disputes that the courts should decide. The American Civil Liberties Union [said] in a news release Friday that "the administration is trying to cover its tracks."

From Casinos to Counterterrorism
2007-10-22, Washington Post
Posted: 2007-10-26 08:18:02
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/21/AR20071021015...

[Las Vegas], famous for being America's playground, has also become its security lab. Like nowhere else in the United States, Las Vegas has embraced the twin trends of data mining and high-tech surveillance, with arguably more cameras per square foot than any airport or sports arena in the country. Even the city's cabs and monorail have cameras. Some privacy advocates view the city as a harbinger of things to come. In secret rooms in casinos across Las Vegas, surveillance specialists are busy analyzing information about players and employees. Relying on thousands of cameras in nearly every cranny of the casinos, they evaluate ... behavior. They ping names against databases that share information with other casinos, sometimes using facial-recognition software to validate a match. And in the marketing suites, casino staffers track players' every wager, every win or loss, the better to target high-rollers for special treatment and low- and middle-rollers for promotions. "You could almost look at Vegas as the incubator of a whole host of surveillance technologies," said James X. Dempsey, policy director for the Center for Democracy and Technology. Those technologies, he said, have spread to other commercial venues: malls, stadiums, amusement parks. After Sept. 11, 2001, several airports tested facial-recognition software, with little success. But the government is continuing to invest in biometric technologies. "We often hear of the surveillance technology du jour, but what we're seeing now in America is a collection of surveillance technologies that work together," said Barry Steinhardt, the American Civil Liberties Union's technology and liberty project director. "It isn't just video surveillance or face recognition or license plate readers or RFID chips. It's that all these technologies are converging to create a surveillance society."

Note: For revealing major media reports of privacy risks and invasions, click here.

Strict Visa Regulations Discourage Visiting Artists
2007-10-20, Washington Post
Posted: 2007-10-26 08:07:30
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/19/AR20071019025...

The Halle Orchestra, one of Great Britain's oldest symphony orchestras, has not toured the United States in more than a decade, so spirits were high when the group secured dates at Lincoln Center and in Upstate New York for performances last winter. But when the orchestra learned that to get their entry visas, all 85 musicians -- every last cellist, oboist and piccolo player -- would have to travel from their Manchester headquarters to the U.S. Embassy in London for personal interviews, electronic fingerprinting and facial-recognition scans, it scrapped the trip. Budgeting for airfare and travel costs to New York was one thing, but simply getting everyone to the embassy at the same time, along with hotel bills and fees for the visas themselves, would have cost an additional $80,000, said marketing director Andy Ryans. "It was very simply money that we didn't have," Ryans explained. "We were desperate to go to the States, but our hands were absolutely tied." Theirs aren't the only ones. To perform in this country, foreign artists of all stripes -- punk rockers, ballet dancers, folk musicians, acrobats -- are funneled through a one-size-fits-all "nonimmigrant" visa process whose costs and complications have become prohibitive, according to booking agents, managers and presenters, such as the Kennedy Center, who program and market the performers. Visiting businesspeople face similar security hurdles put in place since Sept. 11, 2001. But artists' visa petitions also require substantial documentation to satisfy the "sustained international recognition" requirement for the type of visa (called a "P-1") issued to many performing artists. Arts organizations say they have become reluctant to book foreign performers because of the risk of bureaucratic snags. Soon after Sept. 11, the State Department rolled out its Biometric Visa Program, requiring all applicants to undergo fingerprinting and have photographs taken at the nearest U.S. consulate each time they apply.

Spies Prep Reporters on Protecting Secrets
2007-09-27, New York Sun
Posted: 2007-10-26 08:02:18
http://www.nysun.com/article/63465

Frustrated by press leaks about its most sensitive electronic surveillance work, the secretive National Security Agency convened an unprecedented series of off-the-record "seminars" in recent years to teach reporters about the damage caused by such leaks and to discourage reporting that could interfere with the agency's mission to spy on America's enemies. The half-day classes featured high-ranking NSA officials highlighting objectionable passages in published stories and offering "an innocuous rewrite" that officials said maintained the "overall thrust" of the articles but omitted details that could disclose the agency's techniques, according to course outlines obtained by The New York Sun. Dubbed "SIGINT 101," using the NSA's shorthand for signals intelligence, the seminar was presented "a handful of times" between approximately 2002 and 2004. The syllabi make clear that the sessions, which took place at NSA headquarters in Fort Meade, Md., were conceived of ... as part of a campaign to limit the damage caused by leaks of sensitive intelligence. During one sensitive discussion, journalists were to be told they could not take any notes. The exact substitutions of language that the NSA proposed were deleted from the syllabi released to the Sun under the Freedom of Information Act. In 2005, following the publication of a New York Times story on a secret program for warrantless wiretapping ... Director of Central Intelligence Porter Goss crusaded against leaks at the CIA and later told a Senate committee that he hoped reporters would be called before grand juries to identify their sources. Attorney General Gonzales also discussed the "possibility" of prosecuting journalists who wrote stories based on leaked intelligence. The syllabi, which are marked as drafts, list presenters including the director of the NSA at the time, General Michael Hayden, [now director of the CIA].

Former CEO Says U.S. Punished Phone Firm
2007-10-13, Washington Post
Posted: 2007-10-19 07:46:53
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/12/AR20071012024...

A former Qwest Communications International executive, appealing a conviction for insider trading, has alleged that the government withdrew opportunities for contracts worth hundreds of millions of dollars after Qwest refused to participate in an unidentified National Security Agency program that the company thought might be illegal. Former chief executive Joseph P. Nacchio, convicted in April of 19 counts of insider trading, said the NSA approached Qwest more than six months before the Sept. 11, 2001, attacks ... about participating in a warrantless surveillance program to gather information about Americans' phone records. In the court filings disclosed this week, Nacchio suggests that Qwest's refusal to take part in that program led the government to cancel a separate, lucrative contract with the NSA in retribution. He is using the allegation to try to show why his stock sale should not have been considered improper. He has claimed in court papers that he had been optimistic that Qwest would overcome weak sales because of the expected top-secret contract with the government. Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts. In May 2006, USA Today reported that the NSA had been secretly collecting the phone-call records of tens of millions of Americans, using data provided by major telecom firms. Qwest, it reported, declined to participate because of fears that the program lacked legal standing.

Note: The Bush Administration has claimed that the NSA surveillance of the American public was a necessary response to the attacks of 9/11. But this story reveals that the surveillance began before 9/11, shortly after Bush took office. The obvious question is, why? For many other reliable, verifiable reports that suggest the official explanation of the events of 9/11 is false, click here.

Cheney's Law
2007-10-16, Frontline (PBS)
Posted: 2007-10-19 07:45:09
http://www.pbs.org/wgbh/pages/frontline/cheney/etc/synopsis.html

For three decades Vice President Dick Cheney conducted a secretive, behind-closed-doors campaign to give the president virtually unlimited wartime power. Finally, in the aftermath of 9/11, the Justice Department and the White House made a number of controversial legal decisions. Orchestrated by Cheney and his lawyer David Addington, the department interpreted executive power in an expansive and extraordinary way, granting President George W. Bush the power to detain, interrogate, torture, wiretap and spy -- without congressional approval or judicial review. "The vice president believes that Congress has very few powers to actually constrain the president and the executive branch," former Justice Department attorney Marty Lederman tells Frontline. "He believes the president should have the final word -- indeed the only word -- on all matters within the executive branch." After Sept. 11, Cheney and Addington were determined to implement their vision -- in secret. The vice president and his counsel found an ally in John Yoo, a lawyer at the Justice Department's extraordinarily powerful Office of Legal Counsel. In concert with Addington, Yoo wrote memoranda authorizing the president to act with unparalleled authority. "There were extravagant and unnecessary claims of presidential power that were wildly overbroad to the tasks at hand," [former Assistant Attorney General Jack L. Goldsmith] says. As the White House and Congress continue to face off over executive privilege, the terrorist surveillance program, and the firing of U.S. attorneys, Frontline tells the story of what's formed the views of the man behind what some view as the most ambitious project to reshape the power of the president in American history.

Note: To watch this revealing Frontline video, click here.

Pentagon Review Faults Bank Record Demands
2007-10-14, New York Times
Posted: 2007-10-19 07:40:40
http://www.nytimes.com/2007/10/14/washington/14letter.html?ex=1350014400&en=b...

An internal Pentagon review this year found systemic problems ... in the military’s efforts to obtain records from American banks and consumer credit agencies in terrorism and espionage investigations, according to Pentagon documents. The newly disclosed documents, totaling more than 1,000 pages, provide additional confirmation of the military’s expanding use of what are known as national security letters under powers claimed under the Patriot Act. The documents show that the military has issued at least 270 of the letters since 2005, and about 500 in all since 2001. The documents were obtained through the Freedom of Information Act by two private advocacy groups, the American Civil Liberties Union and the Electronic Frontier Foundation. The New York Times first disclosed the military’s use of the letters in January, and senior members of Congress and civil liberties groups criticized the practice on grounds that it seemed to conflict with traditional Pentagon rules against domestic law enforcement operations. The documents raise a number of apparent discrepancies between the Defense Department’s internal practices and what officials have said publicly and to Congress about their use of the letters. The documents suggest, for instance, that military officials used the F.B.I. to collect records for what started as purely military investigations. And the documents also leave open the possibility that records could be gathered on nonmilitary personnel in the course of the investigations. Civil liberties advocates said recent controversy over the Department of Defense’s collection of information on antiwar protesters made them suspicious of the assertion that the letters had been used exclusively to focus on military personnel. “We are very skeptical that the D.O.D. is voluntarily limiting its own surveillance power,” said Melissa Goodman, a staff attorney for the A.C.L.U..

Supreme Disgrace
2007-10-12, New York Times
Posted: 2007-10-19 07:36:17
http://www.nytimes.com/2007/10/11/opinion/11thu1.html?ex=1349755200&en=fc1bca...

Somehow, the [Supreme Court] could not muster the four votes needed to grant review in the case of an innocent German citizen of Lebanese descent who was kidnapped, detained and tortured in a secret overseas prison as part of the Bush administration’s ... anti-terrorism program. The victim, Khaled el-Masri, was denied justice by lower federal courts, which dismissed his civil suit in a reflexive bow to a flimsy government claim that allowing the case to go forward would put national security secrets at risk. Those rulings ... represented a major distortion of the state secrets doctrine, a rule ... that was originally intended to shield specific evidence in a lawsuit filed against the government. It was never designed to dictate dismissal of an entire case before any evidence is produced. The Masri case ... is being actively discussed all over the world. The only place it cannot be discussed, it seems, is in a United States courtroom. In effect, the Supreme Court has granted the government immunity for subjecting Mr. Masri to “extraordinary rendition,” the morally and legally unsupportable United States practice of transporting foreign nationals to be interrogated in other countries known to use torture and lacking basic legal protections. It’s hard to imagine what, at this point, needs to be kept secret, other than the ways in which the administration behaved, ... quite possibly illegally, in the Masri case. The Supreme Court has left an innocent person without any remedy for his wrongful imprisonment and torture. It has ... established [itself] as Supreme Enabler of the Bush administration’s efforts to avoid accountability for its actions. These are not accomplishments to be proud of.

Dragonfly or Insect Spy? Scientists at Work on Robobugs
2007-10-09, Washington Post
Posted: 2007-10-12 08:03:59
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/08/AR20071008014...

Vanessa Alarcon saw them while working at an antiwar rally in Lafayette Square last month. "I heard someone say, 'Oh my god, look at those,' " the college senior from New York recalled. "I look up and I'm like, 'What the hell is that?' They looked kind of like dragonflies or little helicopters. But I mean, those are not insects." Out in the crowd, Bernard Crane saw them, too. "I'd never seen anything like it in my life," the Washington lawyer said. "They were large for dragonflies. I thought, 'Is that mechanical, or is that alive?' " Some suspect the insectlike drones are high-tech surveillance tools, perhaps deployed by the Department of Homeland Security. No agency admits to having deployed insect-size spy drones. But a number of U.S. government and private entities acknowledge they are trying. So what was seen by Crane, Alarcon and a handful of others at the D.C. march -- and as far back as 2004, during the Republican National Convention in New York, when one observant ... peace-march participant described on the Web "a jet-black dragonfly hovering about 10 feet off the ground, precisely in the middle of 7th Avenue . . . watching us?" Three people at the D.C. event independently described a row of spheres, the size of small berries, attached along the tails of the big dragonflies -- an accoutrement that [Jerry Louton, an entomologist at the National Museum of Natural History,] could not explain. And all reported seeing at least three maneuvering in unison. "Dragonflies never fly in a pack," he said. Mara Verheyden-Hilliard of the Partnership for Civil Justice said her group is investigating witness reports and has filed Freedom of Information Act requests with several federal agencies. If such devices are being used to spy on political activists, she said, "it would be a significant violation of people's civil rights."

Note: To read further reliable reports of threats to our civil liberties, click here.

Supreme Court denies hearing for fired 'honk for peace' teacher
2007-10-02, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2007-10-12 07:50:20
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/10/02/MNEASHSN0.DTL

An elementary-school teacher who was dismissed after telling her class on the eve of the Iraq war that "I honk for peace" lost [her] U.S. Supreme Court appeal. The justices ... denied a hearing to Deborah Mayer, who had appealed lower-court decisions upholding an Indiana school district's refusal to renew her contract in June 2003. The most-recent ruling, by a federal appeals court in Chicago, said teachers in public schools have no constitutional right to express personal opinions in the classroom. A teacher's speech is "the commodity she sells to an employer in exchange for her salary," the [court] said in January. "The Constitution does not enable teachers to present personal views to captive audiences against the instructions of elected officials." The appellate ruling is ... one of a series of recent decisions taking a narrow view of free speech for teachers, other government employees and students. Mayer, who now teaches sixth grade in Florida, was distraught. "I don't know why anybody would want to be a teacher if you can be fired for saying four little words," she said Monday. "I'm supposed to teach the Constitution to my students. I'm supposed to tell them that the Constitution guarantees free speech. How am I going to justify that?" She said her class of fourth- through sixth-graders was discussing an article in the children's edition of Time magazine, part of the school-approved curriculum, on protests against U.S. preparations for an invasion of Iraq in January 2003. When a student asked her whether she took part in demonstrations, Mayer said, she replied that she blew her horn whenever she saw a "Honk for Peace" sign, and that peaceful solutions should be sought before going to war. After a parent complained, the principal ordered Mayer never to discuss the war or her political views in class.

Note: To read further reliable reports of threats to our civil liberties, click here.

Secret U.S. Endorsement of Severe Interrogations
2007-10-04, New York Times
Posted: 2007-10-05 07:38:20
http://www.nytimes.com/2007/10/04/washington/04interrogate.html?ex=1349150400...

When the Justice Department publicly declared torture “abhorrent” in a legal opinion in December 2004, the Bush administration appeared to have abandoned its assertion of nearly unlimited presidential authority to order brutal interrogations. But soon after Alberto R. Gonzales’s arrival as attorney general in February 2005, the Justice Department issued another opinion, this one in secret. It was a very different document; according to officials briefed on it, [it was] an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency. The new opinion ... for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures. Later that year, as Congress moved toward outlawing “cruel, inhuman and degrading” treatment, the Justice Department issued another secret opinion. The Justice Department document declared that none of the C.I.A. interrogation methods violated that standard. The classified opinions, never previously disclosed, are a hidden legacy of President Bush’s second term and Mr. Gonzales’s tenure at the Justice Department. Congress and the Supreme Court have intervened repeatedly in the last two years to impose limits on interrogations, and the administration has responded as a policy matter by dropping the most extreme techniques. But the 2005 Justice Department opinions remain in effect, and their legal conclusions have been confirmed by several more recent memorandums, officials said. They show how the White House has succeeded in preserving the broadest possible legal latitude for harsh tactics.

Prisons to Restore Purged Religious Books
2007-09-27, New York Times
Posted: 2007-09-29 08:42:03
http://www.nytimes.com/2007/09/27/washington/27prison.html?ex=1348545600&en=0...

Facing pressure from religious groups, civil libertarians and members of Congress, the federal Bureau of Prisons has decided to return religious materials that had been purged from prison chapel libraries because they were not on the bureau’s lists of approved resources. After the details of the removal became widely known this month, Republican lawmakers, liberal Christians and evangelical talk shows all criticized the government for creating a list of acceptable religious books. In an e-mail message Wednesday, the bureau said: “In response to concerns expressed by members of several religious communities, the Bureau of Prisons has decided to alter its planned course of action with respect to the Chapel Library Project. The bureau will begin immediately to return to chapel libraries materials that were removed in June 2007, with the exception of any publications that have been found to be inappropriate, such as material that could be radicalizing or incite violence. The review of all materials in chapel libraries will be completed by the end of January 2008.” Only a week ago the bureau said it was not reconsidering the library policy. But critics of the bureau’s program said it appeared that the bureau had bowed to widespread outrage. “Certainly putting the books back on the shelves is a major victory, and it shows the outcry from all over the country was heard,” said Moses Silverman, a lawyer for three prisoners who are suing the bureau over the program. “But regarding what they do after they put them back ... I remain concerned that the criteria for returning the books will be constitutional and lawful.”

Collecting of Details on Travelers Documented
2007-09-22, Washington Post
Posted: 2007-09-29 08:35:56
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/21/AR20070921023...

The U.S. government is collecting electronic records on the travel habits of millions of Americans who fly, drive or take cruises abroad, retaining data on the persons with whom they travel or plan to stay, the personal items they carry during their journeys, and even the books that travelers have carried, according to documents obtained by a group of civil liberties advocates and statements by government officials. The personal travel records are meant to be stored for as long as 15 years, [by] the Department of Homeland Security's ... Automated Targeting System. But new details about the information being retained suggest that the government is monitoring the personal habits of travelers more closely than it has previously acknowledged. The details were learned when a group of activists requested copies of official records on their own travel. Those records included a description of a book on marijuana that one of them carried and small flashlights bearing the symbol of a marijuana leaf. Civil liberties advocates have alleged that the type of information preserved by the department raises alarms about the government's ability to intrude into the lives of ordinary people. The millions of travelers whose records are kept by the government are generally unaware of what their records say, and the government has not created an effective mechanism for reviewing the data and correcting any errors, activists said. The activists alleged that the data collection effort, as carried out now, violates the Privacy Act, which bars the gathering of data related to Americans' exercise of their First Amendment rights, such as their choice of reading material or persons with whom to associate. They also expressed concern that such personal data could one day be used to impede their right to travel.

Case Dismissed?
2007-09-20, Newsweek
Posted: 2007-09-29 08:29:03
http://www.msnbc.msn.com/id/20884696/site/newsweek/from/ET/

The nation’s biggest telecommunications companies, working closely with the White House, have mounted a secretive lobbying campaign to get Congress to quickly approve a measure wiping out all private lawsuits against them for assisting the U.S. intelligence community’s warrantless surveillance programs. The campaign — which involves some of Washington's most prominent lobbying and law firms — has taken on new urgency in recent weeks because of fears that a U.S. appellate court in San Francisco is poised to rule that the lawsuits should be allowed to proceed. If that happens, the telecom companies say, they may be forced to terminate their cooperation with the U.S. intelligence community — or risk potentially crippling damage awards for allegedly turning over personal information about their customers to the government without a judicial warrant. But critics say the language proposed by the White House — drafted in close cooperation with the industry officials — is so extraordinarily broad that it would provide retroactive immunity for all past telecom actions related to the surveillance program. Its practical effect, they argue, would be to shut down any independent judicial or state inquires into how the companies have assisted the government in eavesdropping on the telephone calls and e-mails of U.S. residents in the aftermath of the September 11 terror attacks. “It’s clear the goal is to kill our case," said Cindy Cohn, legal director of the Electronic Frontier Foundation, [which] filed the main lawsuit against the telecoms after The New York Times first disclosed, in December 2005, that President Bush had approved a secret program to monitor the phone conversations of U.S. residents without first seeking judicial warrants. “I find it a little shocking that Congress would participate in the covering up of what has been going on," added Cohn.

Searching Passengers' Faces For Subtle Cues to Terror
2007-09-19, Washington Post
Posted: 2007-09-29 08:26:41
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR20070918018...

Looking for signs of "stress, fear and deception" among the hundreds of passengers shuffling past him at Orlando International Airport one day last month, security screener Edgar Medina immediately focused on four casually dressed men trying to catch a flight to Minneapolis. One of the men, in particular, was giving obvious signs of trying to hide something, Medina said. After obtaining the passengers' ID cards and boarding passes, the Transportation Security Administration officer quickly determined the men were illegal immigrants traveling with fake Florida driver's licenses. They were detained. The otherwise mundane arrests Aug. 13 illustrated an increasingly popular tactic in the government's effort to fight terrorism: detecting lawbreakers or potential terrorists by their behavior. The TSA has embraced the strategy, training 600 of its screeners ... in detection techniques. The TSA's teams are the most publicly acknowledged effort by the government or the private sector to come up with strategies and technology to detect lawbreakers or terrorists before they commit a crime. Other technologies under development or being deployed include machines that detect stress in voices and software that scans video images to match the faces of passengers with those of known terrorists. The government is testing other technology that can see through clothing with ... electromagnetic waves. TSA's growing reliance on detecting behavior and the close study of passengers' expressions concerns civil liberties groups and members of Congress. "The problem is behavioral characteristics will be found where you look for them," said John Reinstein, legal director of the American Civil Liberties Union of Massachusetts.

Review: Slavery's shockingly alive and well today
2007-09-16, USA Today
Posted: 2007-09-21 07:49:29
http://www.usatoday.com/money/books/2007-09-16-nobodies_N.htm

A globalized world that could bring down the Berlin Wall, and deliver fresh fruit in the middle of the coldest winter months, wasn't supposed to foster one of the darkest of human practices — slavery. This version of the world was supposed to make life for everyone, everywhere, better. Better medicine, better prices, better democracies. Not so, says John Bowe in his incredible book, Nobodies: Modern American Slave Labor and the Dark Side of the New Global Economy. Not only is slavery a reality, but how we've executed this rush toward globalization may have created the very conditions necessary for slavery to gain a toehold in the modern world. Nobodies is investigative, immersion reporting at its best. The line between observer and participant blurs, and the reality of time, place and subject come crashing out in full detail. Bowe is a master storyteller whose work is finely tuned and fearless. When the time is appropriate, he goes so far as to question his own assumptions, ideals and practices without holding back. "Go out into this newly globalized world you're profiting from," he writes, "go visit the people being 'lifted' out of poverty, the workers who are making your products. Go live in their huts, eat their rice and plantains, squat on their floors, and listen to their babies cry. Sniff some glue and pray with them. Try to get justice from their police if someone hurts you. And then come back and let's talk about freedom." There's a chill in the air when he writes: "If you can read this page, you are on top of the world and billions of people are beneath you. Your ignorance and your lack of a program will likely equal the squalor of your grandchildren's existence."

An Opportunity for Wall St. in China’s Surveillance Boom
2007-09-07, New York Times
Posted: 2007-09-21 07:46:54
http://www.nytimes.com/2007/09/11/business/worldbusiness/11security.html?ex=1...

Li Runsen, the powerful technology director of China’s ministry of public security, is best known for leading Project Golden Shield, China’s intensive effort to strengthen police control over the Internet. But last month Mr. Li took an additional title: director for China Security and Surveillance Technology, a fast-growing company that installs and sometimes operates surveillance systems for Chinese police agencies, jails and banks, among other customers. The company has just been approved for a listing on the New York Stock Exchange. The company’s listing and Mr. Li’s membership on its board are just the latest signs of ever-closer ties among Wall Street, surveillance companies and the Chinese government’s security apparatus. Wall Street analysts now follow the growth of companies that install surveillance systems providing Chinese police stations with 24-hour video feeds from nearby Internet cafes. Hedge fund money from the United States has paid for the development of not just better video cameras, but face-recognition software and even newer behavior-recognition software designed to spot the beginnings of a street protest and notify police. Executives of Chinese surveillance companies say they are helping their government reduce street crime, preserve social stability and prevent terrorism. They note that London has a more sophisticated surveillance system, although the Chinese system will soon be far more extensive. Wall Street executives also defend the industry as necessary to keep the peace at a time of rapid change in China. They point out that New York has begun experimenting with surveillance cameras in Lower Manhattan and other areas of the city.

Spy Satellites Turned on the U.S.
2007-09-06, ABC News
Posted: 2007-09-21 07:44:35
http://abcnews.go.com/TheLaw/story?id=3567635

Traditionally, powerful spy satellites have been used to search for strategic threats overseas. But now the Department of Homeland Security has developed a new office to use the satellites to [monitor the US itself]. [DHS] officials ... faced extensive criticism [in Congress] about the privacy and civil liberty concerns of the new office, called the National Applications Office. [House Homeland Security] Committee members expressed concern about abuse of the satellite imagery, charging that Homeland Security had not informed the oversight committee about the program. "What's most disturbing is learning about it from The Wall Street Journal," said Committee Chairman Rep. Bennie Thompson, D-Miss. The lawmakers also expressed concern about using military capabilities for U.S. law enforcement and Homeland Security operations, potentially a violation of the Posse Comitatus Act, which bars the military from serving as a law enforcement body within the United States. Committee members said that in addition to not being informed about the National Applications Office program, they had not yet been provided with documents defining the limits and legal guidance about the program. [They] sent a letter to Homeland Security saying, "We are so concerned that ... we are calling for a moratorium on the program. Today's testimony made clear that there is effectively no legal framework governing the domestic use of satellite imagery for the various purposes envisioned by the department."

A chip on my shoulder
2007-08-12, San Francisco Chronicle (San Francisco's leading newspaper)
Posted: 2007-09-21 07:29:17
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/08/12/EDG00REOHJ1.DTL

The ability to blend vast databases containing personal information -- and the sophistication of tracking devices that can announce your presence along with myriad vital statistics when you cross a bridge or enter a room -- have brought Americans to a crossroads. Do we shrug and concede that privacy is lost -- "get over it," as one titan of tech declared so bluntly? Or do we look for ways to draw the line, to identify means and places where employers and governments should not dare to tread? One such place: Our bodies. Life has begun to imitate art -- as in the futuristic film "Minority Report" -- with the refinement of toothpick-thick microchips that can be implanted in your arm and packed with loads of personally identifiable information that can be beamed to the world. These radio-frequency identification (RFID) devices -- or "talking bar codes" -- amount to miniature antennas that transmit the types of information that might otherwise be held on a swipe card. Even if you've shrugged through the debates about warrantless wiretapping and said "what the heck" at the prospect that everything from your spending habits to your Web site travels are being compiled and crunched for commercial purposes, you might think twice about letting your employer insert a microchip under your skin as a condition of getting a job. As of today, it is both a technical and a legal possibility. Just last year, a ... provider of video-surveillance equipment inserted ... microchips into the arms of two employees. Those two workers volunteered, but it's not hard to imagine the lightbulbs going off in Corporate America. Is Joe really making a sales call or is he taking in a baseball game at AT&T Park? How many smoke breaks is Mary taking? Amazingly, there is no California law against "chipping" workers as a condition of employment.

Note: For many reliable reports from the major media on the potential dangers of microchips, click here.

Prisons Purging Books on Faith From Libraries
2007-09-10, New York Times
Posted: 2007-09-14 20:18:52
http://www.nytimes.com/2007/09/10/us/10prison.html?ex=1347076800&en=8aca150d6...

Behind the walls of federal prisons nationwide, chaplains have been quietly carrying out a systematic purge of religious books and materials that were once available to prisoners in chapel libraries. The chaplains were directed by the Bureau of Prisons to clear the shelves of any books, tapes, CDs and videos that are not on a list of approved resources. In some prisons, the chaplains have recently dismantled libraries that had thousands of texts collected over decades, bought by the prisons, or donated by churches and religious groups. Some inmates are outraged. Two of them, a Christian and an Orthodox Jew, in a federal prison camp in upstate New York, filed a class-action lawsuit last month claiming the bureau’s actions violate their rights to the free exercise of religion as guaranteed by the First Amendment and the Religious Freedom Restoration Act. The bureau, an agency of the Justice Department, defended its effort, which it calls the Standardized Chapel Library Project, as a way of barring access to materials that could, in its words, “discriminate, disparage, advocate violence or radicalize.” “It’s swatting a fly with a sledgehammer,” said Mark Earley, president of Prison Fellowship, a Christian group. “There’s no need to get rid of literally hundreds of thousands of books that are fine simply because you have a problem with an isolated book or piece of literature that presents extremism.” A chaplain who has worked more than 15 years in the prison system, who spoke on condition of anonymity because he is a bureau employee, said: “At some of the penitentiaries, guys have been studying and reading for 20 years, and now they are told that this material doesn’t meet some kind of criteria. It doesn’t make sense to them."

FBI Proposes Building Network of U.S. Informants
2007-07-25, abcnews.com
Posted: 2007-09-06 13:39:52
http://blogs.abcnews.com/theblotter/2007/07/fbi-proposes-bu.html

The FBI is taking cues from the CIA to recruit thousands of covert informants in the United States as part of a sprawling effort to boost its intelligence capabilities. According to a recent unclassified report to Congress, the FBI expects its informants to provide secrets about possible terrorists and foreign spies, although some may also be expected to aid with criminal investigations, in the tradition of law enforcement confidential informants. The FBI said the push was driven by a 2004 directive from President Bush ordering the bureau to improve its counterterrorism efforts by boosting its human intelligence capabilities. The aggressive push for more secret informants appears to be part of a new effort to grow its intelligence and counterterrorism efforts. Other recent proposals include expanding its collection and analysis of data on U.S. persons, retaining years' worth of Americans' phone records and even increasing so-called "black bag" secret entry operations. To handle the increase in so-called human sources, the FBI also plans to overhaul its database system, so it can manage records and verify the accuracy of information from "more than 15,000" informants, according to the document. The bureau has arranged to use elements of CIA training to teach FBI agents about "Source Targeting and Development," the report states. The courses will train FBI special agents on the "comprehensive tradecraft" needed to identify, recruit and manage these "confidential human sources."

Iraq corruption whistleblowers face penalties
2007-08-25, MSNBC/Associated Press
Posted: 2007-08-29 08:08:15
http://www.msnbc.msn.com/id/20430153/

One after another, the men and women who have stepped forward to report corruption in the massive effort to rebuild Iraq have been vilified, fired and demoted. Or worse. For daring to report illegal arms sales, Navy veteran Donald Vance says he was imprisoned by the American military in a security compound outside Baghdad and subjected to harsh interrogation methods. He had thought he was doing a good and noble thing when he started telling the FBI about the guns and the land mines and the rocket-launchers — all of them being sold for cash, no receipts necessary, he said. The buyers were Iraqi insurgents, American soldiers, State Department workers, and Iraqi embassy and ministry employees. The seller, he claimed, was the Iraqi-owned company he worked for, Shield Group Security Co. “It was a Wal-Mart for guns,” he says. “It was all illegal and everyone knew it.” So Vance says he blew the whistle, supplying photos and documents and other intelligence to an FBI agent in his hometown of Chicago because he didn’t know whom to trust in Iraq. For his trouble, he says, he got 97 days in Camp Cropper, an American military prison outside Baghdad. Congress gave more than $30 billion to rebuild Iraq, and at least $8.8 billion of it has disappeared. “If you do it, you will be destroyed,” said William Weaver, professor of political science at the University of Texas-El Paso and senior advisor to the National Security Whistleblowers Coalition. “Reconstruction is so rife with corruption. Sometimes people ask me, ‘Should I do this?’ And my answer is no. If they’re married, they’ll lose their family. They will lose their jobs. They will lose everything,” Weaver said.

Telecom Firms Helped With Government's Warrantless Wiretaps
2007-08-24, Washington Post
Posted: 2007-08-29 08:03:27
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/23/AR20070823020...

The Bush administration acknowledged for the first time that telecommunications companies assisted the government's warrantless surveillance program and were being sued as a result, an admission some legal experts say could complicate the government's bid to halt numerous lawsuits challenging the program's legality. "[U]nder the president's program, the terrorist surveillance program, the private sector had assisted us," Director of National Intelligence Mike McConnell said in an interview with the El Paso Times. His statement could help plaintiffs in dozens of lawsuits against the telecom companies, which allege that the companies participated in a wiretapping program that violated Americans' privacy rights. David Kris, a former Justice Department official, ... said McConnell's admission makes it difficult to argue that the phone companies' cooperation with the government is a state secret. "It's going to be tough to continue to call it 'alleged' when he's just admitted it," Kris said. McConnell has just added to "the list of publicly available facts that are no longer state secrets," increasing the plaintiffs' chances that their cases can proceed, Kris said. McConnell's statement "does serious damage to the government's state secrets claims that are at the heart of its defenses," said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Bruce Fein, an associate deputy attorney general in the Reagan administration, said that McConnell's disclosure shows that "an important element of a program can be discussed publicly and openly without endangering the nation. These Cassandran cries that the earth is going to fall every time you have a discussion simply are not borne out by the facts," he said.

Some Amish in Mich. resist electronic ID tags for cattle
2007-08-19, Associated Press
Posted: 2007-08-29 07:56:56
http://www.mlive.com/newsflash/michigan/index.ssf?/base/news-46/1187539862261...

Some Amish farmers say a state requirement that they tag cattle with electronic chips is a violation of their religious beliefs. Last year, the state Department of Agriculture announced that Michigan cattle leaving farms must be tagged in the ear with electronic identification as part of an effort to combat bovine tuberculosis. That has drawn some resistance from the Amish, who typically shun technology. In April, Glen Mast and other Amish farmers appeared before the state Senate Appropriations Committee, urging it to block the program. "We're never happier than when we're just left alone," said Mast, whose farm in Isabella County operates without electricity. "That's all we're asking." State officials say the ability to trace food sources is increasingly important in the global economy. State officials said cattle are to be tagged if they are leaving the farm to be sold or change ownership. Kevin Kirk, who coordinates the program for the state agriculture department, said Amish farmers produced a "very, very small" percentage of the nearly 397 million pounds of beef sold by Michigan farmers last year. "Our No. 1 goal is animal health, human health and food safety," Kirk said. "I know it's hard sometimes to trust the government, but that's what we're asking is trust us." So far, the state has not forced the Amish to use the electronic tags but said they can wait until the animals arrive at an auction before having them applied, the newspaper said. Animal identification has traditionally involved a plastic or metal tag, or tattoo. Electronic ID uses a radio frequency device with a number unique to each animal, and speeds up the ability to locate or trace animals.

Note: To read an article that explains in more depth how the attitude of the Amish to the use of electronic chips on their cattle is that it is the "mark of the beast" in Bible prophecy, click here.

US doles out millions for street cameras
2007-08-12, Boston Globe
Posted: 2007-08-29 07:44:50
http://www.boston.com/news/nation/articles/2007/08/12/us_doles_out_millions_f...

The Department of Homeland Security is funneling millions of dollars to local governments nationwide for purchasing high-tech video camera networks, accelerating the rise of a "surveillance society" in which the sense of freedom that stems from being anonymous in public will be lost, privacy rights advocates warn. The department ... has doled out millions on surveillance cameras, transforming city streets and parks into places under constant observation. A Globe [investigation] shows that a large number of new surveillance systems, costing at least tens and probably hundreds of millions of dollars, are being simultaneously installed around the country as part of homeland security grants. Federal money is helping New York, Baltimore, and Chicago build massive surveillance systems that may also link thousands of privately owned security cameras. Boston has installed about 500 cameras in the MBTA system, funded in part with homeland security funds. Marc Rotenberg, director of the Electronic Privacy Information Center, said [the] Homeland Security Department is the primary driver in spreading surveillance cameras, making their adoption more attractive by offering federal money to city and state leaders. The proliferation of cameras could mean that Americans will feel less free because legal public behavior -- attending a political rally, entering a doctor's office, or even joking with friends in a park -- will leave a permanent record, retrievable by authorities at any time.