Archive for category Civil liberties Infringement

Edward Snowden, NSA Whistleblower: ‘We Hack Everyone Everywhere’

Boundless Informant heatmap

Glenn Greenwald posted an interview with Edward Snowden, the 29-year-old source behind the biggest intelligence leak in the NSA’s history.

Q: Why did you decide to become a whistleblower?

A: “The NSA has built an infrastructure that allows it to intercept almost everything. With this capability, the vast majority of human communications are automatically ingested without targeting. If I wanted to see your emails or your wife’s phone, all I have to do is use intercepts. I can get your emails, passwords, phone records, credit cards.

“I don’t want to live in a society that does these sort of things … I do not want to live in a world where everything I do and say is recorded. That is not something I am willing to support or live under.”

Q: What do the leaked documents reveal?

A: “That the NSA routinely lies in response to congressional inquiries about the scope of surveillance in America. I believe that when [senator Ron] Wyden and [senator Mark] Udall asked about the scale of this, they [the NSA] said it did not have the tools to provide an answer. We do have the tools and I have maps showing where people have been scrutinized most. We collect more digital communications from America than we do from the Russians.”

Q: What about the Obama administration’s protests about hacking by China?

A: “We hack everyone everywhere. We like to make a distinction between us and the others. But we are in almost every country in the world. We are not at war with these countries.”

Q: Is it possible to put security in place to protect against state surveillance?

A: “You are not even aware of what is possible. The extent of their capabilities is horrifying. We can plant bugs in machines. Once you go on the network, I can identify your machine. You will never be safe whatever protections you put in place.”

Thanks to this courageous man, we are now getting some official acknowledgement and confirmation of the continuous, widespread warrantless surveillance of Americans (not to mention the rest of the world) by the National Security Agency (NSA). To be continued.

More info:
Revealed: The NSA’s powerful tool for cataloguing global surveillance data

UPDATE: ‘I DID ANSWER YOUR QUESTION!’ Mika Brzezinski plays dumb to defend White House talking points.

UPDATE: Greenwald Says ‘There’s A Lot More Coming’

UPDATE: ACLU Suing Obama Administration Over Phone Call Surveillance

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‘Papers Please’ Now Can Be Enforced in Arizona

Thanks to our partisan right-wing Supreme Court, Arizona’s un-American “Papers Please” law is now going to take effect despite being ruled unconstitutional by the 9th Circuit Court of Appeals. U.S. District Court Judge Susan Bolton signed the formal order this afternoon dissolving the injunction she issued more than two years ago blocking the state from enforcing key provisions of the 2010 law.

Police can now demand to see proof of citizenship or legal residence. You will be arrested and taken to jail if your “papers” are not in order. If you visit Arizona, bring a passport. Or better yet, don’t visit Arizona!

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An Epidemic of Hostility Toward Religion or an Epidemic Christian Cry-babies?

The Family Research Council (a group the SPLC identified as a hate group for its ongoing use of lies, distortions and untruths about glbt persons) and Liberty Institute, another right wing organization, recently released a study which they claim documents more than 600 instances of hostility toward religious liberty:

Liberty Institute attorney Justin Butterfield tells OneNewsNow what his group hopes to accomplish with the study’s findings.

“We want to raise awareness of the issue. A lot of people think that hostility because of people’s religious beliefs and attacks on religious liberty are things that happen elsewhere in the world, not in the United States,” he notes. “We just want to show that it actually happens with increasing and alarming regularity here in the United States.”

Liberty Institute President Kelly Shackelford and FRC President Tony Perkins are presenting the study before the Republican Party Convention platform committee to raise that awareness.

I’ve been very skeptical about claims made by the religious right concerning discrimination against and bigotry towards Christians.  However, this report is based on an audacious claim – 600+ incidents of hostility towards religion?  Documented and published?  As a matter of due diligence I figured I owed it to myself to check out the report.  I downloaded the report.  It’s 135 breezy pages long consisting of short summaries of instances the authors identify as hostility to religion and citations (either the case information or links to online news reports).  The report is helpfully broken down in sections based on what type of hostility the authors deemed to have occurred (i.e. public expressions of faith, in schools, workplaces, about monuments and public displays, etc.)

I picked a few cases at random. Read the rest of this entry »

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So Called, “Voter Fraud” Could Be a Win For Republicans

Rep. Steve King (R-IA)

Voter ID coverage is raging across our corporate, public and liberal information organizations like a tsunami. ALEC got caught pimping ID laws which will successfully disenfranchise Utahn’s and others across the country who have been voting for decades, even though there is no reason to believe that more then a handful of democratic voters have been trying to vote illegally.

Just ask Pennsylvania [emphasis mine]:

As the Justice Department investigates Pennsylvania’s voter ID law on the federal level, a coalition of civil rights groups is gearing up for a state trial starting Wednesday examining whether the law is allowable under Pennsylvania’s constitution.

In that case, Pennsylvania might have handed those groups and their clients (including 93-year-old Viviette Applewhite) a bit of an advantage: They’ve formally acknowledged that there’s been no reported in-person voter fraud in Pennsylvania and there isn’t likely to be in November.

Or Texas (from TPM):

When Assistant Attorney General Thomas E. Perez of the Justice Department’s Civil Rights Division appears before the House Judiciary Committee on Thursday, Chairman Lamar Smith (R-TX) will likely press him for using a Democratic-leaning firm to analyze data in the Texas voter ID case.

Smith wrote a letter earlier this month which stated that DOJ choosing the “left-leaning” Catalist to review Texas’ voter ID data was “a disturbing misuse of taxpayer dollars and undermines the credibility of the Department’s challenge to the law.”

Chairman Lamar goes on [emphasis mine]:

“Imagine the outrage if a Republican administration intervened to block a New York City election law on the basis of data provided by a firm run by Karl Rove,” Smith wrote.

As it turns out, Smith doesn’t really have to imagine much: The expert Texas used to defend their law used to work for Karl Rove.

University of Texas Professor Daron Shaw, who testified that Texas’ voter ID law “will not have an impact on turnout,” worked for both of President George W. Bush’s presidential campaigns, the RNC, Fox News’ election desk and Texas Gov. Rick Perry (R), who signed the voter ID bill into law.

Well, Assistant Attorney General Thomas E. Perez did, indeed, appear before the House Judiciary Committee on Thursday and The Chairman opened the hearing by saying he reserved the right to end the hearing at any time. He probably should have done that before the hearing began because the Republican dudes didn’t come out looking too good.

I turned on the TV, just in time to see Representative Steve King make a total ass out of himself – something he’s really good at – by interrupting Perez, just as Perez starts to reiterate what everybody should know about the absence of voter fraud in the US. You can see the exchange starting at about 48 minutes in on this C-Span video, but the whole video is incredible.

The Chairman thinks that any true American plurality would obviously vote Republican, if only given the chance, for once. Funny thing; I thought they’d been telling us we were a divided country. I don’t know why Mr. King is worried about ACORN. It no longer exists because the Republican party got rid of it months ago with almost complete backing from the Democrats.

All this nonsense aside – and in reference to the title of this post; my real fear is that all this voter ID hoopla will help the Republicans take over the country. When the exit polls mysteriously flip at the midnight hour – literally -, the “conservatives” won’t have to thank the soccer moms, NASCAR dads, or the religious masses; they only need say they “won” because of the oh-so-clever voter ID laws they pushed through. Let’s face it, they haven’t exactly been hiding the fact these laws are out there and, in fact, the Governor of Florida, recently, shoved voter disenfranchisement in our faces. These guys are good, aren’t they?

Since the corporate voting machines are NEVER brought up ANYWHERE or ANYTIME by ANYBODY, and have been proven to be hackable, the Republicans can, once again, claim to be the “winners” they always are. Let’s face it, they got everything they wanted, even when the Democrats had all three branches of government after the 2006 midterms [please refer to mia-culpa below].

My hope is that the small-d democrats can hack the machines using only names like Mickey Mouse, George Jetson, Lassie ect… and win the house, senate, and the White House. Maybe we could then, FINALLY, have a debate about, and get rid of these pieces of garbage and have a multi-party system that makes sense.

Update: Seems as though Rep. Lamar Smith must have become ill or had some other pressing concern which forced me to edit my post. As all these opulent white men look the same to me, I didn’t catch it until after I completed the post. The man, henceforth, referred to as The Chairman in the post is actually Rep. Trent Franks (R-AZ), I think.

Mia-Culpa: Damn staff! Of course the Democrats only held the three branches after 2008. They’ll never see a job in this precinct again!

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Damn voter fraud

Fun news for the voter fraud teams tomorrow:

Tomorrow, Judge Robert Simpson will hear the case the ACLU has brought on behalf of Viviette Applewhite and others against the state of Pennsylvania for its new voter ID law. That case should be significantly bolstered by the admission from the state itself that there is no history of in-person voter fraud in the state. Essentially it’s a law in search of a problem.

Wait, why would anyone push for a law that solves a problem that doesn’t exist?

“I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.”
—Conservative leader Paul Weyrich

Nope, that can’t be it. Despite the way various parts of the GOP are fined every election cycle for interfering with votes, and the near constant stories such as “GOP phone bank calls registered Dems and reminds them to vote… The day after the election” I am sure it is only because they love justice, America, and apple pie that these laws are drafted.

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Confirmed: NSA Conducting Blanket Electronic Surveillance on Americans

NSA data center in Utah
Utah NSA data center

Via Raw Story:

Three National Security Agency whistle blowers told Viewpoint host Eliot Spitzer on Monday that the agency was gathering information on every person in the United States.

The FISA Amendments Act (FAA) of 2008 gave the NSA broad powers to monitor international phone calls and emails, and granted legal immunity to telecommunication companies that had participated in the Bush administration’s wiretapping program prior to 2008. But former senior official Thomas Drake, former senior analyst Kirk Wiebe, and former technical director William Binney said the NSA was not only monitoring international communications — the agency had been spying on “the entire country.”

Drake said there was a “key decision made shortly after 9/11, which began to rapidly turn the United States of America into the equivalent of a foreign nation for dragnet blanket electronic surveillance.”

Widespread domestic electronic surveillance without a warrant violates the U.S. Constitution. The secret FISA court established by the Foreign Intelligence Surveillance Act may issue warrants, but the Constitution clearly prohibits the issuance of blanket warrants.

The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The NSA simply does not have the authority to do what they are doing. Who can stop them?

UPDATE:
The Ninth Circuit Court of Appeals answered my question. The warrantless surveillance of Americans is accountability-free. Even if you can prove you were under secret government surveillance (which is almost impossible), your case can still be thrown out of court using the so-called “state secrets privilege.”

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Arizona Can Do Without My Tourist Dollars

This morning, the partisan right-wing U.S. Supreme Court went against all precedent and upheld the constitutionality of part of the Arizona “papers, please” law (SB 1070). [It may be an exaggeration to say the law was upheld, see comments and update below]. I assume this law will now go into effect in Arizona. The only thing I can do about it will be to stay the hell out of Arizona as long as they have this racist policy in place. I wrote an e-mail to the Arizona Office of Tourism this morning.

It remains to be seen if copycat laws in Utah, Alabama, Georgia, and South Carolina will be allowed to go into effect. Every person in Arizona and states that pass S.B. 1070-like legislation will be required to carry proof of their legal status at all times or face the possibility of being detained. In practice it will be people of color that bear the brunt of these policies.

The encouraging news is that the first year after passing S.B. 1070, Arizona saw an estimated $141 million in losses from conference cancellations. The impact on the tourist industry from this first year alone totaled more than $250 million in economic output and close to 3,000 lost jobs. Ongoing economic impacts on Arizona tourism might encourage them to rejoin the Land of the Free.

UPDATE: David Dayen on FDL:

Arizona Governor Jan Brewer put on a brave face and described the ruling as a “victory,” because it did not quite invalidate the entire law. However, it left wide open an overturning of the one key provision that remains. That’s the “show your papers” part of the law. If actual Arizona implementation violates federal statutes or results in unconstitutional equal protection violations, it can be challenged again. In Arizona, the home of Joe Arpaio, that is almost certain to happen; this law can and will be revisited at a later date. Having most of the law thrown out before implementation isn’t anything that could conceivably be described as a “victory.”


UPDATE:
Media Matters: Fox News not giving up.

Fox News reacted to news that the Supreme Court struck down most of Arizona’s controversial immigration bill, SB 1070, by citing arguments that the one provision that was not immediately thrown out is “the heart of the entire bill,” while Fox Nation claimed the decision was a “defeat for Obama.” Fox’s attempt to find a silver lining is unsurprising, as it has long been a staunch supporter of the statute. But the court’s decision was overwhelmingly against the bill and the remaining provision could eventually be overturned.

UPDATE: Women immigrants tell of life in fear thanks to ‘Papers, please’ laws

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Judge Orders “Eye For an Eye” Punishment: But was it justice?

The story itself bothers me.  Two teenage girls befriended a 3 year old while she was at a McDonald’s playland, then cut off a huge chunk of the three year old’s hair.  They were identified and sent to juvenile court.

Where the story takes an interesting turn:

[Judge] Johansen ordered Kaytlen to serve 30 days in detention and 276 hours of community service for the incident and for making months of threatening phone calls to a Colorado teen.

Then the judge said, “I will cut that by 150 hours if you want to cut her hair right now.”

“Me, cut her hair?” Bruno asked.

“Right now,” the judge responded. “I’ll go get a pair of scissors, we’ll whack that ponytail off.”

Moss was in court that day and can be heard on an audio recording demanding that more hair be cut off.

“You satisfied?” the judge asked.

“No,” Moss replied. “She took that much off. My daughter’s hair that had never been cut, that was down to here, was cut up to here.”

Judge Johansen said, “Take it off clear up to the rubber band.”

The teen’s mother is upset about what happened – she claims she felt intimidated into cutting off her daughter’s hair and now wishes she hadn’t complied.  (Did she have an attorney present?  The article doesn’t say.) 

I’m struggling with what I think is a basic question – has justice been served?  The teens in question have been punished.  But punishment isn’t the same as justice, is it?  There’s the notion of restorative justice in which the offender makes whole the offended.  So in this case, we have to ask -  what exactly was the crime?  They were charged with assault – well they did something else in the process.  It wasn’t that they cut off a little girl’s hair – they violated her sense of safety.  They taught her to feel unsafe in the world.  Having their hair cut off won’t restore he sense of feeling safe.  At the same time, the Judge’s lesson was that those in power can do what they wish to those not in power.  Was his sentence an abuse of power?  We grant judges wide latitude for good reason – there are so many variables in any given charge that judges need to be able to exercise discretion.  But there are also boundaries.  We wouldn’t let a judge horsewhip a defendant found guilty.  We don’t let judges execute prisoners. 

I’m not sure I agree or disagree with the Judge’s decision, but I’m sure it raises lots of questions for me.  I’m not sure if the judge overstepped his bounds or not.  He saw to it that the ofender was punished – I’m not sure he saw to it that justice was served.

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Imagine if he weren’t soft on terror!

The good news is that Obama is a weak on national security soft on terror sissy who hates America and loves Muslims. I say this (which the loyal opposition reminds of at every waking moment) is good news because:

http://www.wired.com/threatlevel/2012/06/fisa-amendments-act-fate/

The Obama administration wanted a quick, no-questions-asked-or-answered renewal of broad electronic eavesdropping powers that largely legalized the Bush administration’s illegal warrantless wiretapping program. That’s despite President Barack Obama’s campaign promise to revisit and revise the rules to protect Americans’ rights.

Read the rest of this entry »

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Petition President Obama: Create a ‘Do Not Kill List’ For U.S. Citizens

WE PETITION THE OBAMA ADMINISTRATION TO:
Create a Do Not Kill List

The New York Times reports that President Obama has created an official “kill list” that he uses to personally order the assassination of American citizens. Considering that the government already has a “Do Not Call” list and a “No Fly” list, we hereby request that the White House create a “Do Not Kill” list in which American citizens can sign up to avoid being put on the president’s “kill list” and therefore avoid being executed without indictment, judge, jury, trial or due process of law.

Created: May 30, 2012

To sign the petition you have to create a whitehouse.gov account – this is easy to do. The petition, which was posted Wednesday, requires 25,000 signatures by June 29 in order to be “reviewed by the Administration” and receive an official response.

More info:
Jason Linkins: Concerned Citizens Petition President To Not Kill Them With Drones, Pretty Please
Glenn Greenwald: How Extremism Is Normalized: The Obama administration has converted once unthinkable government claims into permanent political fixtures
Ruben Bolling: “Hello! You’ve Been Targeted For A United States Drone Assassination!”

UPDATE: Meet the Little Girl Killed by a US Missile: Tracing One Tragic Story in Our Horrific Drone War

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Internet Pseudonyms Are Protected Speech

Via Raw Story. Ill Doctrine’s Jay Smooth explains why New York State legislators are idiots for trying to make anonymous (or, really, pseudonymous) comments illegal.

Voltaire never wrote, but probably agreed with the statement, “I disapprove of what you say, but I will defend to the death your right to say it.” Why can’t everyone accept that in a free society?

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Federal Judge Enjoins NDAA Because It Violates The Constitution

NDAA

There is unexpected good news in the losing battle to defend our Bill of Rights. A federal judge granted a preliminary injunction late Wednesday to block Section 1021 of the 2012 National Defense Authorization Act (NDAA), which allows the U.S. government to indefinitely detain anyone without charges. U.S. federal district Katherine Forrest issued a ruling that found the NDAA in violation of the First and Fifth Amendments to the Constitution.

Glenn Greenwald:

The ruling was a sweeping victory for the plaintiffs, as it rejected each of the Obama DOJ’s three arguments: (1) because none of the plaintiffs has yet been indefinitely detained, they lack “standing” to challenge the statute; (2) even if they have standing, the lack of imminent enforcement against them renders injunctive relief unnecessary; and (3) the NDAA creates no new detention powers beyond what the 2001 AUMF already provides.

…Significantly, the court here repeatedly told the DOJ that it could preclude standing for the plaintiffs if they were willing to state clearly that none of the journalistic and free speech conduct that the plaintiffs engage in could subject them to indefinite detention. But the Government refused to make any such representation. Thus, concluded the court, “plaintiffs have stated a more than plausible claim that the statute inappropriately encroaches on their rights under the First Amendment.”

This is a rare instance of a federal judge defending our Constitution against both Congress and the Executive Branch. It would have been easy for Judge Forrest to rule against accountability by agreeing with the government on “standing” because the plaintiffs had not been detained. Of course anyone who is locked up without any rights wouldn’t have access to the courts at all, would they?

UPDATE:
Plaintiff in NDAA case: U.S. has ‘gone insane’ in its war on terror

Bolen said she was a moderate Democrat who voted for Obama, and expressed her disappointment that the President signed the law despite threatening to veto it.

UPDATE: Bill To End Indefinite Detention Fails In House

The measure, sponsored by Reps. Adam Smith (D-Wash.) and Justin Amash (R-Mich.), had been backed by a mix of conservatives, moderates and liberals who argued that letting the president decide to detain anyone — including Americans — deemed to be a terrorist was granting the executive too much power. And they argued that with more than 400 terrorists having been tried and convicted in civilian courts while dozens of plots were prevented, the law was unnecessary.

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