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Pentagon Plans New Arm to Wage Cyberspace Wars
2009-05-29, New York Times
http://www.nytimes.com/2009/05/29/us/politics/29cyber.html

The Pentagon plans to create a new military command for cyberspace ... stepping up preparations by the armed forces to conduct both offensive and defensive computer warfare. White House officials say Mr. Obama has not yet been formally presented with the Pentagon plan. But he is expected to sign a classified order in coming weeks that will create the military cybercommand, officials said. It is a recognition that the United States already has a growing number of computer weapons in its arsenal and must prepare strategies for their use — as a deterrent or alongside conventional weapons — in a wide variety of possible future conflicts. [A] main dispute has been over whether the Pentagon or the National Security Agency should take the lead in preparing for and fighting cyberbattles. Under one proposal still being debated, parts of the N.S.A. would be integrated into the military command so they could operate jointly. A classified set of presidential directives is expected to lay out the military’s new responsibilities and how it coordinates its mission with that of the N.S.A., where most of the expertise on digital warfare resides today. The decision to create a cybercommand is a major step beyond the actions taken by the Bush administration, which authorized several computer-based attacks but never resolved the question of how the government would prepare for a new era of warfare fought over digital networks. Officials declined to describe potential offensive operations, but said they now viewed cyberspace as comparable to more traditional battlefields.

Note: Combine this with the BBC's revealing article on US plans to fight the Internet, and there is reason for concern. For lots more on new developments in modern war planning, click here.

Officials Say U.S. Wiretaps Exceeded Law
2009-04-16, New York Times
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.

More Groups Than Thought Monitored in Police Spying
2009-01-04, Washington Post
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.

Boston launches flu shot tracking
2008-11-21, Boston Globe
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.

Online warfare research outlined
2008-05-15, Washington Times
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.

FBI Backs Off From Secret Order for Data After Lawsuit
2008-05-08, Washington Post
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!

Going to Canada? Check your past
2007-02-23, San Francisco Chronicle (San Francisco's leading newspaper)
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/02/23/MNGCAO9NSB1.DTL

Welcome to the new world of border security. Unsuspecting Americans are turning up at the Canadian border expecting clear sailing, only to find that their past -- sometimes their distant past -- is suddenly an issue. There was a time not long ago when a trip across the border from the United States to Canada was accomplished with a wink and a wave of a driver's license. Those days are over. Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at the border in Vancouver this month at the start of a planned five-day ski trip, he was sent back to the United States because of a DUI conviction seven years ago. Not that he had any idea what was going on when he was told at customs: "Your next stop is immigration." Felsch was ushered into a room. "There must have been 75 people in line," he says. "We were there for three hours. One woman was in tears. A guy was sent back for having a medical marijuana card. I felt like a felon with an ankle bracelet." Or ask the well-to-do East Bay couple who flew to British Columbia this month for an eight-day ski vacation at the famed Whistler Chateau, where rooms run to $500 a night. They'd made the trip many times, but were surprised at the border to be told that the husband would have to report to "secondary" immigration. There, in a room he estimates was filled with 60 other concerned travelers, he was told he was "a person who was inadmissible to Canada." The problem? A conviction for marijuana possession ... in 1975. This is just the beginning. Soon other nations will be able to look into your past when you want to travel there.

NSA Whistleblower Alleges Illegal Spying
2006-05-11, ABC News
http://abcnews.go.com/WNT/Investigation/story?id=1491889&WNT=true

Russell Tice, a longtime insider at the National Security Agency, is now a whistleblower the agency would like to keep quiet. For 20 years, Tice worked in the shadows as he helped the United States spy on other people's conversations around the world. "I specialized in what's called special access programs," Tice said of his job. "We called them 'black world' programs and operations." But now, Tice tells ABC News that some of those secret "black world" operations run by the NSA were operated in ways that he believes violated the law. He is prepared to tell Congress all he knows about the alleged wrongdoing in these programs run by the Defense Department and the NSA. Tice says the technology exists to track and sort through every domestic and international phone call...and to search for key words or phrases that a terrorist might use. President Bush has admitted that he gave orders that allowed the NSA to eavesdrop on a small number of Americans without the usual requisite warrants. But Tice disagrees. He says the number of Americans subject to eavesdropping by the NSA could be in the millions. The NSA revoked Tice's security clearance in May of last year based on what it called psychological concerns and later dismissed him. Tice calls that bunk and says that's the way the NSA deals with troublemakers and whistleblowers.

Note: For many years, both the U.S. and U.K. denied the existence of Echelon, which according to the BBC article below is a "spying network that can eavesdrop on every single phone call, fax or e-mail, anywhere on the planet." http://news.bbc.co.uk/1/hi/world/503224.stm

National Security Watch: Disquieted whistleblowers
2005-10-11, U.S. News and World Report
http://www.usnews.com/usnews/news/articles/051011/11natsec.htm

The first annual National Security Whistleblowers Conference...has to be one of the more unusual gatherings of intelligence veterans in recent years. The nearly 20 current or former officials from the FBI, CIA, Defense Intelligence Agency, and even the supersecret National Security Agency who make up the core of the conference share an unusual distinction: They are all deeply out of favor with their longtime employers. Most cannot discuss the allegations they are making in detail because the specifics are highly classified. The agencies they work for also refuse to answer questions. The current and former officials at the conference said that today's climate in Washington has never been worse for whistleblowers. One of the biggest names of the conference never even uttered a word. Lt. Col. Anthony Shaffer is the military intelligence operative who...went public with a controversial claim that a year before September 11, his top-secret task force "Able Danger" was able to identify the man who later turned out to be the lead hijacker [on 9/11]. Shaffer was slated to speak but instead sat quietly by as his lawyer, Mark Zaid, spoke for him. "Tony is not allowed to talk," Zaid said. "He is gagged from talking to Congress." The conference was organized by Sibel Edmonds, a former FBI translator who was pushed out of the bureau after raising accusations of wrongdoing by other FBI translators. She has been barred from discussing the details of her case by the FBI. She created the National Security Whistleblowers Coalition www.nswbc.org to bring whistleblowers like her together to push for legal reforms.

Note: For a detailed article in Vanity Fair on Sibel Edmonds' courageous efforts to expose the truth, click here. For the whistleblowing action which drew international media attention by WantToKnow.info founder Fred Burks, click here.

Scientists Find Ways to Make Us Slaves
2004-10-17, WantToKnow.info/London Times
http://www.WantToKnow.info/monkeydrones

Scientists have discovered a way of manipulating a gene that turns animals into drones that do not become bored with repetitive tasks. The experiments, conducted on monkeys, are the first to demonstrate that animal behaviour can be permanently changed, turning the subjects from aggressive to "compliant" creatures. The genes are identical in humans and although the discovery could help to treat depression and other types of mental illness, it will raise images of the Epsilon caste from Aldous Huxley's futuristic novel Brave New World. The experiments... involved blocking the effect of a gene called D2 in a particular part of the brain. This cut off the link between the rhesus monkeys' motivation and reward. Instead of speeding up with the approach of a deadline or the prospect of a "treat," the monkeys in the experiment could be made to work just as enthusiastically for long periods. The scientists say the identical technique would apply to humans. [They] found that they could make the monkeys work their hardest and fastest all the time, without any complaint or sign of slacking, just by manipulating D2 so that they forgot about the expectation of reward. Methods of manipulating human physical and psychological traits are just around the corner, and the technology will emerge first as a lucrative add-on available from in vitro fertilization clinics. "There's no doubt we will be able to influence behaviour," said Julian Savulescu, a professor of ethics at Oxford University.

Note: For lots more reliable information on how human behavior is already being manipulated, click here.

RNC [Republican National Convention] to Feature Unusual Forms of Sound
2004-08-25, ABC News
http://abcnews.go.com/Technology/story?id=99472

Outside the convention hall, New York City police plan to control protesters using a device that directs sound for up to 1,500 feet in a spotlight-like beam. Meanwhile, a display of former Republican presidents inside the hall will feature campaign speeches that are funneled to listeners through highly focused audio beams. Both technologies feature unprecedented manipulation of sound, but for very different purposes. And while both technologies have unique, "gee-whiz" factors, some remain uneasy with the idea of using sound to control crowds. When in weapon mode, LRAD blasts a tightly controlled stream of caustic sound that can be turned up to high enough levels to trigger nausea or possibly fainting. LRAD ... has been used by the U.S. military in Iraq and at sea as a non-lethal force. In these settings, operators can use the device not only to convey orders, but also as a weapon. In tests, police have shown how they can convey orders in a normal voice to someone as far as four blocks away. The sound beam is even equipped with a viewfinder so the operator can precisely target the audio by finding a person in cross hairs. Rather than using pure volume to throw sound far, the LRAD reaches distant ears by focusing the audio beam. Wherever the beam makes contact with air, the air molecules interact in a way that isolates the original audible sound. So if you're standing in front of the ultrasonic sound wave, you can hear the sound. If you're a few inches away, you hear nothing. Already, some Coca-Cola machines in Japan are equipped with the technology so passers-by hear the enticing sound of soda being poured into a glass of ice.

Note: For more reliable information on these "non-lethal weapons," click here.

Technology gets under clubbers' skin
2004-06-09, CNN News
http://edition.cnn.com/2004/WORLD/europe/06/09/spain.club

Queuing to get into one nightclub in Spain could soon be a thing of the past for regular customers thanks to a tiny computer chip implanted under their skin. The technology, known as a VeriChip, also means nightclubbers can leave their cash and cards at home and buy drinks using a scanner. The bill can then be paid later. Clubbers who want to join the scheme at Baja Beach Club in Barcelona pay 125 euros (about US $150) for the VeriChip -- about the size of a grain of rice -- to be implanted in their body. Then when they pass through a scanner the chip is activated and it emits a signal containing the individual's number, which is then transmitted to a secure data storage site. The club's director, Conrad Chase, said he began using the VeriChip, made by Applied Digital Solutions, in March 2004 because he needed something similar to a VIP card and wanted to provide his customers with better service. He said 10 of the club's regular customers, including himself, have been implanted with the chip, and predicted more would follow. "I know many people who want to be implanted," said Chase. "Almost everybody now has a piercing, tattoos or silicone. Why not get the chip and be original?" Chase said VeriChip could also boost security by speeding up checks at airports, for example. He denied the scheme had any drawbacks. The VeriChip is an in-house debit card and contains no personal information.

Note: Why is the media so upbeat about this? The article raises very few questions, yet seems to promote microchip implants in humans as the wave of the future for commerce.

Professor has nightmare vision of global positioning technology
2003-05-07, WantToKnow.info/Kansas City Star (Leading newspaper of Kansas City)
http://www.WantToKnow.info/030307kansascitystar

Jerome Dobson is not joking. The University of Kansas research professor, a respected leader in the field of geographic information technologies [speculates about] "geoslavery" -- a form of technological human control that could make "George Orwell's `Big Brother' nightmare ... look amateurish." He's talking about overlords electronically punishing errant workers. He's talking about the possibility of people hooked to, tracked by, and potentially shocked or burned using inexpensive electronic bracelets, manacles or implants. Dobson worked for 26 years at Tennessee's Oak Ridge National Laboratory creating, for the government, the maps used in global tracking. He is the president of the American Geographical Society. And he is not alone in his thoughts. [In] the journal published by the Institute of Electrical and Electronics Engineers, a paper titled "Geoslavery" is co-written by Dobson and Peter F. Fisher, British editor of the International Journal of Geographical Information Science. "Human tracking systems, currently sold commercially without restrictions, already empower those who would be masters. Safeguards have not yet evolved to protect those destined to be slaves," they wrote. With a laptop computer, employers can keep track of their drivers' every move. Implanted chips ... keep track of livestock or pets. Whereify Wireless Inc. sells its GPS Kids Locator for $400. The device, which also looks like a watch, can be locked to a child's wrist. Dobson said that ... none of the companies was thinking of anything nefarious. [Yet he] worries that where there is an evil will, there is an evil way. He hopes [to ] create debate and perhaps legislation or safeguards around the technology that will keep it from being misused.

President Obama in 'snooping' row over US car scrappage scheme
2009-08-07, Times of London (One of the U.K.'s leading newspapers)
http://www.timesonline.co.uk/tol/news/world/us_and_americas/article6742322.ece

President Obama's effort to revive the American car industry with a "cash-for-clunkers" scheme has become embroiled in a row over government snooping. The problems arose after the Department of Transportation claimed that when dealers logged on to the clunkers website their computers – and everything on them – become the property of the US Government. "This application provides access to the Department of Transportation (DoT) CARS system," the warning message read. "When logged on to the CARS system, your computer is considered a Federal computer system and is the property of the United States Government. Any or all uses of this system and all files on this system may be intercepted, monitored, recorded, copied, audited, inspected, and disclosed to authorised CARS, DoT, and law enforcement personnel, as well as authorised officials of other agencies, both domestic and foreign." By the time the disclaimer had been circulated widely on blogs, posted on YouTube and become the subject of a ferocious on-air editorial by the conservative Fox News host Glenn Beck, the Department of Transportation had issued a statement saying that "we are working to revise the language". No explanation was given as to why the original disclaimer was worded so aggressively. Members of the general public do not need to log on to the website so were not asked to agree to the same conditions as dealers. Mr Obama's ... critics argue that the controversy is another example of the intrusiveness that will accompany the President's plans to expand the role of government in the lives of Americans.

Note: Watch a revealing Fox news video report of this unbelievable development at this link. Big Brother at work.

Cybersecurity Plan to Involve NSA, Telecoms
2009-07-03, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2009/07/02/AR20090702027...

The Obama administration will proceed with a Bush-era plan to use National Security Agency assistance in screening government computer traffic on private-sector networks, with AT&T as the likely test site, according to three current and former government officials. President Obama said in May that government efforts to protect computer systems from attack would not involve "monitoring private-sector networks or Internet traffic," and Department of Homeland Security officials say the new program will scrutinize only data going to or from government systems. But the program has provoked debate within DHS, the officials said, because of uncertainty about whether private data can be shielded from unauthorized scrutiny, how much of a role NSA should play and whether the agency's involvement in warrantless wiretapping during George W. Bush's presidency would draw controversy. Each time a private citizen visited a "dot-gov" Web site or sent an e-mail to a civilian government employee, that action would be screened for potential harm to the network. Under a classified pilot program approved during the Bush administration, NSA data and hardware would be used to protect the networks of some civilian government agencies. Part of an initiative known as Einstein 3, the plan called for telecommunications companies to route the Internet traffic of civilian agencies through a monitoring box that would search for and block computer codes designed to penetrate or otherwise compromise networks. AT&T, the world's largest telecommunications firm, was the Bush administration's choice to participate in the test. AT&T officials declined to comment. The prospect of NSA involvement in cybersecurity ... fuels concerns about unwarranted government snooping into private communication."

Note: For lots more on government and corporate threats to privacy, click here and here.

The Court That May Not Be Heard
2007-12-15, New York Times
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.

"A Blow at the Core of Fourth Amendment Protections"
2007-11-28, New York Times
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.

Telecom Firms Helped With Government's Warrantless Wiretaps
2007-08-24, Washington Post
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.

Bush Signs Law to Widen Legal Reach for Wiretapping
2007-08-06, New York Times
http://www.nytimes.com/2007/08/06/washington/06nsa.html?ex=1344052800&en=5e75...

President Bush signed into law ... legislation that broadly [expands] the government’s authority to eavesdrop on the international telephone calls and e-mail messages of American citizens without warrants. The law [goes] far beyond the small fixes that administration officials had said were needed to gather information about foreign terrorists [and will] sharply alter the legal limits on the government’s ability to monitor millions of phone calls and e-mail messages going in and out of the United States. The new law for the first time [provides] a legal framework for much of the surveillance without warrants that was being conducted in secret by the National Security Agency and outside the Foreign Intelligence Surveillance Act, the 1978 law that is supposed to regulate the way the government can listen to the private communications of American citizens. “This more or less legalizes the N.S.A. program,” said Kate Martin, director of the Center for National Security Studies in Washington. Previously, the government needed search warrants approved by a special intelligence court to eavesdrop on ... electronic communications between individuals inside the United States and people overseas. The new law gives the attorney general and the director of national intelligence the power to approve the international surveillance, rather than the special intelligence court. The law also gave the administration greater power to force telecommunications companies to cooperate with such spying operations. The companies can now be compelled to cooperate by orders from the attorney general and the director of national intelligence.

In Intelligence World, A Mute Watchdog
2007-07-15, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/14/AR20070714008...

An independent oversight board created to identify intelligence abuses after the CIA scandals of the 1970s did not send any reports to the attorney general of legal violations during the first 5 1/2 years of the Bush administration's counterterrorism effort, the Justice Department has told Congress. The President's Intelligence Oversight Board -- the principal civilian watchdog of the intelligence community -- is obligated under a 26-year-old executive order to tell the attorney general and the president about any intelligence activities it believes "may be unlawful." The board was vacant for the first two years of the Bush administration. The board's mandate is to provide independent oversight, so the absence of such communications has prompted critics to question whether the board was doing its job. "It's now apparent that the IOB was not actively employed in the early part of the administration. And it was a crucial period when its counsel would seem to have been needed the most," said Anthony Harrington, who served as the board's chairman for most of the Clinton administration. Senate Judiciary Committee chairman Patrick J. Leahy (D-Vt.) added: "It is deeply disturbing that this administration seems to spend so much of its energy and resources trying to find ways to ignore any check and balance on its authority and avoid accountability to Congress and the American public."

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