A U.S. spying program that systematically collects millions of Americans’ phone records is illegal, a federal appeals court ruled on Thursday, putting pressure on Congress to quickly decide whether to replace or end a controversial program aimed at fighting terrorism.
Ruling on a program revealed in 2013 by former government security contractor Edward Snowden, the 2nd U.S. Circuit Court of Appeals in Manhattan said the Patriot Act did not authorize the National Security Agency to collect Americans’ calling records in bulk.
Circuit Judge Gerard Lynch wrote for a three-judge panel that Section 215, which addresses the FBI’s ability to gather business records, could not be interpreted to have permitted the NSA to collect a “staggering” amount of phone records, contrary to claims by the Bush and Obama administrations…
The appeals court did not resolve the question of whether the surveillance was unconstitutional…It also declined to halt the program, noting that parts of the Patriot Act including Section 215 expire on June 1.
Lynch said it was “prudent” to give Congress a chance to decide what surveillance is permissible, given the national security interests at stake…I think he’s stupid to think Congress is capable of anything constructive much less Constitutional.
Majority Leader Mitch McConnell and Richard Burr, the Republican chairman of the Senate Intelligence Committee, have introduced legislation to extend Section 215 and other parts of the Patriot Act through 2020.
The existing NSA program has repeatedly been approved in secret by a national security court established under a 1978 law, the Foreign Intelligence Surveillance Act…
ACLU lawyer Alex Abdo welcomed the decision.
“Mass surveillance does not make us any safer, and it is fundamentally incompatible with the privacy necessary in a free society,” he said.
I agree. I believe most Americans with more than the equivalent of a sixth grade level of literacy and understanding of civics would agree. That just leaves miserable, corrupt and cowardly politicians to defend the Patriot act.
We continue to have to rely on a few courts uncorrupted by appointments as sleazy as the Republican Supreme Court to defend constitutional rights – when neither the White House nor Congress is willing to act on our behalf.
Widespread protest and souring public opinion has failed to prevent Canada’s ruling Conservative Party from pushing forward with sweeping anti-terror legislation which a battery of legal scholars, civil liberties groups, opposition politicians and pundits of every persuasion say will replace the country’s healthy democracy with a creeping police state.
Prime Minister Stephen Harper is looking forward to an easy victory…when the House of Commons votes in its final debate on the bill, known as C-51. But lingering public anger over the legislation suggests that his success in dividing his parliamentary opposition may well work against him when Canadians go to the polls for a national election this fall.
No legislation in memory has united such a diverse array of prominent opponents as the proposed legislation, which the Globe and Mail newspaper denounced as a a plan to create a “secret police force”.
The campaign to stop Bill C-51 grew to include virtually every civil-rights group, law professor, retired judge, author, editorialist and public intellectual in Canada…
Public Safety Minister Steven Blaney and Justice Minister Peter MacKay have described the bill as a “reasonable and proportionate” response to the threat of “jihadi terrorism.” – blah, blah, blah.
Hundreds of thousands of ordinary Canadians signed petitions urging the bill be scrapped and took to the streets in a national day of protest last month.
Critics of the legislation say the imminent law gives Canadian spies sweeping new powers to investigate and disrupt broadly defined threats to public safety, with language that makes no distinction between terrorist plots and legitimate political protests and demonstrations. At the same time, it neglects to provide any increased oversight of the country’s vastly empowered chief spy agency, the Canadian Security and Intelligence Service.
Harper like so many other supposedly independent – but always obedient – leaders of the world’s industrial nations can be counted on to toe the party line established by the White House. Whether that rarely honorable structure houses a Republican or Democrat.
When the topic is homeland security – as defined by Wall Street savants and corporate lobbyists – there is only one source for standards or the lack thereof. That is Uncle Sugar. And if you want to keep your place in the gallery of loyalist ideologues, you had better fall in line.
The White House took a new step toward the theater of the absurd by “declaring a national emergency with respect to the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the situation in Venezuela,” as President Barack Obama put it in a letter to House Speaker John Boehner.
It remains to be seen whether anyone in the White House press corps will have the courage to ask what in the world the nation’s chief executive could mean by that. Is Venezuela financing a coming terrorist attack on U.S. territory? Planning an invasion? Building a nuclear weapon?
Who do they think they are kidding? Some may say that the language is just there because it is necessary under U.S. law in order to impose the latest round of sanctions on Venezuela. That is not much of a defense, telling the whole world the rule of law in the United States is something the president can use lies to get around whenever he finds it inconvenient.
That was the approach of President Ronald Reagan in 1985 when he made a similar declaration in order to impose sanctions — including an economic embargo — on Nicaragua. Like the White House today, he was trying to topple an elected government that Washington didn’t like. He was able to use paramilitary and terrorist violence as well as an embargo in a successful effort to destroy the Nicaraguan economy and ultimately overturn its government. (The Sandinistas eventually returned to power in 2007 and are the governing party today.)
The world has moved forward, even though Washington has not. Venezuela today has very strong backing from its neighbors against what almost every government in the region sees as an attempt to destabilize the country.
“The Community of Latin American and Caribbean States (CELAC) reiterates its strong repudiation of the application of unilateral coercive measures that are contrary to international law,” read a statement from every country in the hemisphere except for the U.S. and Canada on Feb. 11. They were responding to the U.S. sanctions against Venezuela that Obama signed into law in December.
Didn’t read any of this in the English-language media? Well, you probably also didn’t see the immediate reaction to yesterday’s White House blunder from the head of the Union of South American Nations, which read, “UNASUR rejects any external or internal attempt at interference that seeks to disrupt the democratic process in Venezuela.”
RTFA for a history lesson if nothing else. The era of the United States overthrowing Latin American governments and putting little obedient puppets in place ran out of staying power in VietNam. Even if we spent the last decade or so playing at regime change in the Middle East. We all know how well that’s worked out – under a Republican president and under a Democrat.
Along with the mantle of sole superpower on Earth at the end of the World War 2, we acquired the imperial arrogance that comes with the job. During the Cold War years – and nowadays – our government still plays God or at least the chief cop of the world. Pretty much all the inhabitants of the White House over the last seventy years have had no qualms about murdering hundreds of thousands of furriners in the name of American democracy.
The first two examples of imperial gangsterism after the war were overthrowing a democratically-elected government in Guatemala – then doing the same to the first democratically-elected government in the whole of the Middle East – Iran. No one in Latin America or the Middle east needs reminding. Though it seems that Mr. Obama is as poor at recalling the results as George W. Bush.
And politicians that don’t learn anything from history are always doomed to repeat it. Which means sending Americans to kill other folks – who then keep on killing those Americans until we leave their country.
Sad, but true.
If the government wants to listen in on your phone calls, it can. That’s the crux of the Communications Assistance for Law Enforcement Act, enacted in 1994: It requires wireless carriers to keep the possibility open of wiretapping their networks. In 2005, the act was expanded to include VoIP and broadband providers.
But Calea has never been expanded from phone networks to phones themselves, and now phone makers—first Apple (AAPL), then Android—are releasing handsets with encryption that makes it impossible for the handset maker to retrieve data from the phone, warrant or no. The government is not happy. “What concerns me about this is companies marketing something expressly to allow people to place themselves beyond the law,” FBI director James Comey said last week. But there’s not much he or other branches of law enforcement can do to stop it, absent some help from Congress…
The lawmakers may not be as accommodating as they once were. Revelations about National Security Agency spying have made sanctioned surveillance into a political hot potato: The FBI’s recent push for further technological backdoors in Internet communications seems to have died last year. “Something happened,” recounted Christopher Soghoian of the ACLU at the hacker conference Defcon this summer. “Calea 2, which is the D.C. nickname for this backdoor proposal, for now is dead. It is dead in the water; no politician wants to touch that kind of surveillance for now. So thank you very much, Edward Snowden.”
If the public reaction to Snowden and Operation Prism killed political momentum to expand government power, it also pushed companies such as Apple to develop stronger encryption security in the first place. Assurances that the legal system alone is sufficient to protect privacy seem less credible than they have in the past, and Silicon Valley doesn’t want its reputation to suffer by appearing not to stand up for its users. If government officials are unhappy about this latest turn of events, they have only themselves to blame.
That portion of Congress not entirely consumed with theocracy, bigotry, the John Wayne theory of history – remains governed by cowardice. Fence-sitters and papier mache liberals have always been easy targets for the arrogant superpatriot brigade to tip over like a drunken heifer. Today, maybe not so easy.
Both the nutball Right and please-please-reelect-me Left know their base is pissed off about the NSA, the track record of the last two presidents and their lack of defense on the playing field of constitutional protections for the 98%. Minority caucuses, bona fide peaceniks, the few legitimate progressives in Congress know from decades of assault from every quarter that they haven’t any rights. So, it looks possible for a spell that technology and principles might prevail over political opportunism.
By Brian McFadden
Same as it ever was…
“Do you think Snowden will ever go away?”
Turkey’s foreign ministry on Monday summoned the U.S. charge d’affaires, currently Washington’s most senior diplomat in Ankara, over a media report that the United States had spied on Turkey…
Here we go with 2 x stupid!
1. The Turkish government can’t summon the US ambassador because Republican do-nothings in Congress blocked that appointment. They would rather we have a dysfunctional government than to give in to the fact that Americans elected a non-white president.
2. The Democrat in the White House proves to be as dumb as his Republican predecessor – holding his hands over his eyes and hoping the NSA digital goon squad won’t be noticed by our “allies”. Somehow, hoping Edward Snowden’s whistleblowing will go away as if by magic.
German magazine Der Spiegel said in an article on its website on Sunday that the U.S. National Security Agency (NSA) and Britain’s GCHQ eavesdropping agency had carried out “wide-scale spying against Turkey“, citing documents from the archive of former NSA contractor Edward Snowden.
“For the reasons that the United States’ name was mentioned, and such claims were made … the charge d’affaires has been called to the foreign ministry and information has been received from him,” Arinc told reporters after the first meeting of Turkey’s new cabinet following a presidential election.
Der Spiegel said the U.S. intelligence services had also worked closely to support Ankara in its efforts to battle Kurdish militants, who waged a three-decade insurgency for greater Kurdish rights in the country’s southeast.
Yup. The United States cares so deeply about minority rights that we turn over whatever info our spies discover – to the heads of state who have dedicated their political careers to the suppression of minorities.
Then, the folks in the White House who rely on wishful thinking to manage foreign relations skip blithely past all the corruption previously made public by Edward Snowden and ignore the rest of the bad news waiting to come out. With half a brain, someone might have contacted the rest of our “friends” and let them know in advance how the paranoid policies of George W. Bush have been continued by “nice guy” Obama.
Respect for Freedom of the Press? Same as it ever was.
The New York Times reporter James Risen, who faces jail over his refusal to reveal a source and testify against a former CIA agent accused of leaking secrets, has called President Barack Obama “the greatest enemy of press freedom in a generation”.
Speaking to his colleague Maureen Dowd, Risen accused the president of aggressively pursuing journalists, including himself, who report sensitive stories that reflect poorly on the US government…
Risen faces jail over his reporting of a botched intelligence operation that ended up spilling nuclear secrets to Iran. The Justice Department has long been seeking to force him to testify and name the confidential source of the account, which is contained in his 2006 book State of War…
The pursuit of Risen began under the administration of President George W Bush. The Justice Department tried to prosecute him under the Espionage Act for his 2006 Pulitzer Prize-winning scoop about the illegal wiretapping of American citizens after the terrorist attacks of 11 September 2001. It also targeted him for the revelations in State of War…
Risen is furious at statements from the likes of Obama and the attorney general, Eric Holder, about supporting press freedom – including condemnation of the police in Ferguson, Missouri, for this week arresting journalists reporting on riots there.
Obama and Holder said journalists should not be arrested or harassed for doing their jobs and covering “a story that needs to be told”. In May, Holder said of the Sterling case: “No reporter who is doing his job is going to go to jail.” Risen, however, could be behind bars within weeks…
“It’s hypocritical,” Risen said. “A lot of people still think this is some kind of game or signal or spin. They don’t want to believe that Obama wants to crack down on the press and whistleblowers. But he does. He’s the greatest enemy to press freedom in a generation.”
I’m certain you’re all keeping up-to-date on this case in the mainstream media and on your local network TV stations, eh?