Category: Congress

Cross posted from The Stars Hollow Gazette

The past Sunday constitutional lawyer and contributing editor at Salon.com Glenn Greenwald appeared with Chris Hayes on MSNBC’s “Up with Chis Hayes”to discuss the history of anonymous speech in politics and debate whether spending money is an exercise of free speech. The other guests on the panel are Maria Hinojosa, anchor of NPR’s Latino USA and president of Futuro Media Group; Rep. Peter Welch, Democrat of Vermont and member of the House Oversight and Government Reform Committee; and Heather McGhee, vice president of policy and research at the progressive think tank Demos.

Glenn also penned a scathing piece on Sen. Diane Feinstein’s (D-CA) attack on our First Amendment rights using, oh noes!, Terror! as an excuse. Glenn makes the point that Feinstein’s outrage over Julian Assange and Wikileaks is tantamount to an attack of freedom of the press.

Dianne Feinstein targets press freedom

The supreme Senate defender of state secrecy and the Surveillance State, California Democrat Dianne Feinstein, yesterday issued a statement to Australia’s largest newspaper, The Sydney Morning Herald, demanding (once again) the prosecution of WikiLeaks and Julian Assange. To see how hostile Feinstein is to basic press freedoms, permit me to change “Assange” each time it appears in her statement to “The New York Times“:

   The head of the US Senate’s powerful intelligence oversight committee has renewed calls for [The New York Times] to be prosecuted for espionage. . . .

   “I believe [The New York Times] has knowingly obtained and disseminated classified information which could cause injury to the United States,” the chairwoman of the Senate Select Committee on Intelligence, Dianne Feinstein, said in a written statement provided to the Herald. “[It] has caused serious harm to US national security, and [] should be prosecuted accordingly.”

As EFF’s Trevor Timm noted, there is no sense in which Feinstein’s denunciation applies to WikiLeaks but not to The New York Times (and, for that matter, senior Obama officials). Indeed, unlike WikiLeaks, which has never done so, The New York Times has repeatedly published Top Secret information. That’s why the prosecution that Feinstein demands for WikiLeaks would be the gravest threat to press freedom and basic transparency in decades. Feinstein’s decades-long record in the Senate strongly suggest that she would perceive these severe threats to press freedom as a benefit rather than drawback to her prosecution designs.

Under Sen. Feinstein’s premise we should have prosecuted Woodward and Bernstein and every other reporter who has exposed government wrong doing. I wonder is she would like to take on Dick Cheney for outing a CIA agent to get us into a war based on a lie, the consequences of which we will never know.  

Cross posted from The Stars Hollow Gazette

CISPA, the cyber-security bill which threatens individual privacy rights on the internet, has passed the House, ignoring a possible veto, and will go to the Senate:

On a bipartisan vote of 248-168, the Republican-controlled House backed the Cyber Intelligence Sharing and Protection Act (Cispa), which would encourage companies and the federal government to share information collected on the internet to prevent electronic attacks from cybercriminals, foreign governments and terrorists.

“This is the last bastion of things we need to do to protect this country,” Republican Mike Rogers, chairman of the House intelligence committee, said after more than five hours of debate. [..]

The White House, along with a coalition of liberal and conservative groups and lawmakers, strongly opposed the measure, complaining that Americans’ privacy could be violated. They argued that companies could share an employee’s personal information with the government, data that could end up in the hands of officials from the National Security Agency or the defence department. They also challenged the bill’s liability waiver for private companies that disclose information, complaining it was too broad.

“Once in government hands, this information can be used for undefined ‘national security’ purposes unrelated to cybersecurity,” a coalition that included the American Civil Liberties Union and former conservative Republican representative Bob Barr, lawmakers said on Thursday.

As it heads toward a House vote, critics say the Cyber Intelligence Sharing and Protection Act (CISPA) would allow private internet companies like Google, Facebook and Microsoft to hand over troves of confidential customer records and communications to the National Security Agency, FBI and Department of Homeland Security, effectively legalizing a secret domestic surveillance program already run by the NSA. Backers say the measure is needed to help private firms crackdown on foreign entities – including the Chinese and Russian governments – committing online economic espionage. The bill has faced widespread opposition from online privacy advocates and even the Obama administration, which has threatened a veto. “CISPA … will create an exception to all existing privacy laws so that companies can share very sensitive and personal information directly with the government, including military agencies like the National Security Agency,” says Michelle Richardson, legislative counsel for the American Civil Liberties Union. “Once the government has it, they can repurpose it and use it for a number of things, including an undefined national security use.” [includes rush transcript]

Think Progress has a summery of what we need to know  about CISPA to fight to stop its passage:

CISPA’s broad language will likely give the government access to anyone’s personal information with few privacy protections: CISPA allows the government access to any “information pertaining directly to a vulnerability of, or threat to, a system or network of a government or private entity.” [..]

It supersedes all other provisions of the law protecting privacy: As the bill is currently written, CISPA would apply “notwithstanding any other provision of law.” [..]

The bill completely exempts itself from the Freedom of Information Act: Citizens and journalists have access to most things the government does via the Freedom of Information Act (FOIA), a key tool for increasing transparency.

[..]

CISPA gives companies blanket immunity from future lawsuits: One of the most egregious aspects of CISPA is that it gives blanket legal immunity to any company that shares its customers’ private information.

[..]

Recent revisions don’t go nearly far enough: In an attempt to specify how the government can use the information they collect, the House passed an amendment saying the data can only be used for: “1) cybersecurity; 2) investigation and prosecution of cybersecurity crimes; 3) protection of individuals from the danger of death or physical injury; 4) protection of minors from physical or psychological harm; and 5) protection of the national security of the United States.”

Citizens have to trust that companies like Facebook won’t share your personal information: CISPA does not force companies share private user information with the government. {..] Companies may not be legally required to turn over information, but they “may not be in a position to say no.”

Companies can already inform the government and each other about incoming cybersecurity threats: {..} opponents of the bill point out that “network administrators and security researchers at private firms have shared threat information with one another for decades.”

The internet is fighting back: The same online activists who fought hard against SOPA are now engaged in the battle over CISPA.

Most Republicans support CISPA, while most Democrats oppose it: Among congressmen that voted, 88 percent of Republicans supported the bill while 77 percent of Democrats opposed it.

President Obama threatened to veto it: Recognizing the threat to civil liberties that CISPA poses, President Obama announced this week that he “strongly opposes” the bill and has threatened to veto if it comes to his desk.

Join the Fight to Stop CISPA! Sign the petition:

Save the Internet from the US

Write your Senators

Tell Congress: Keep My Inbox Away From the Government

Here we go again with the right to internet privacy and security for the individual being threatened by the government on behalf of corporations. On November 11 last year, the Cyber Intelligence Sharing and Protection Act was introduced in the House by U.S. Representative Michael Rogers (R-MI) and 111 co-sponsors. The bills supposed purpose would allow the voluntary sharing of attack and threat information between the U.S. government and security cleared technology and manufacturing companies to ensure the security of networks against patterns of attack.

What does that mean, you ask? Well, as Rep. Ron Paul (R-TX) explains the bill would allow “both the federal government and private companies to view your private online communications without judicial oversight provided that they do so of course in the name of cyber-security.” Paul calls the CISPA the new SOPA:

CISPA represents an alarming form of corporatism, as it further intertwines government with companies like Google and Facebook. It permits them to hand over your private communications to government officials without a warrant, circumventing well-established federal laws like the Wiretap Act and the Electronic Communications Privacy Act. It also grants them broad immunity from lawsuits for doing so, leaving you without recourse for invasions of privacy. Simply put, CISPA encourages some of our most successful internet companies to act as government spies, sowing distrust of social media and chilling communication in one segment of the world economy where America still leads.

Proponents of CISPA may be well-intentioned, but they unquestionably are leading us toward a national security state rather than a free constitutional republic. Imagine having government-approved employees embedded at Facebook, complete with federal security clearances, serving as conduits for secret information about their American customers. If you believe in privacy and free markets, you should be deeply concerned about the proposed marriage of government intelligence gathering with private, profit-seeking companies. CISPA is Big Brother writ large, putting the resources of private industry to work for the nefarious purpose of spying on the American people. We can only hope the public responds to CISPA as it did to SOPA back in January. I urge you to learn more about the bill by reading a synopsis provided by the Electronic Frontier Foundation on their website at eff.org. I also urge you to call your federal Senators and Representatives and urge them to oppose CISPA and similar bills that attack internet freedom.

This is CISPA (pdf):

CISPA could allow any private company to share vast amounts of sensitive, private data about its customers with the government.

CISPA would override all other federal and state privacy laws, and allow a private company to share nearly anything-from the contents of private emails and Internet browsing history to medical, educational and financial records-as long as it “directly pertains to” a “cyber threat,” which is broadly defined.

CISPA does not require that data shared with the government be stripped of unnecessary personally-identifiable information. A private company may choose to anonymize the data it shares with the government. However, there is no requirement that it does so-even when personally-identifiable information is unnecessary for cybersecurity measures. For example, emails could be shared with the full names of their authors and recipients. A company could decide to leave the names of its customers in the data it shares with the government merely because it does not want to incur the expense of deleting them. This is contrary to the recommendations of the House Republican Cybersecurity Task Force and other bills to authorize information sharing, which require companies to make a reasonable effort to minimize the sharing of personally-identifiable information.

CISPA would allow the government to use collected private information for reasons other than cybersecurity. The government could use any information it receives for “any lawful purpose” besides “regulatory purposes,” so long as the same use can also be justified by cybersecurity or the protection of national security. This would provide no meaningful limit-a government official could easily create a connection to “national security” to justify nearly any type of investigation.

CISPA would give Internet Service Providers free rein to monitor the private communications and activities of users on their networks. ISPs would have wide latitude to do anything that can be construed as part of a “cybersecurity system,” regardless of any other privacy or telecommunications law.

CISPA would empower the military and the National Security Agency (NSA) to collect information about domestic Internet users. Other information sharing bills would direct private information from domestic sources to civilian agencies, such as the Department of Homeland Security. CISPA contains no such limitation. Instead, the Department of Defense and the NSA could solicit and receive information directly from American companies, about users and systems inside the United States.

CISPA places too much faith in private companies, to safeguard their most sensitive customer data from government intrusion. While information sharing would be voluntary under CISPA, the government has a variety of ways to pressure private companies to share large volumes of customer information. With complete legal immunity, private companies have few clear incentives to resist such pressure. There is also no requirement that companies ever tell their customers what they have shared with the government, either before or after the fact. As informed consumers, Americans expect technology companies to have clear privacy policies, telling us exactly how and when the company will use and share our personal data, so that we can make informed choices about which companies have earned our trust and deserve our business.

On Wednesday the White House Office of Management and Budget issues a lengthy statement in opposition to CISPA and a threat to veto the bill:

“H.R. 3523 fails to provide authorities to ensure that the Nation’s core critical infrastructure is protected while repealing important provisions of electronic surveillance law without instituting corresponding privacy, confidentiality, and civil liberties safeguards. […]”

“The bill also lacks sufficient limitations on the sharing of personally identifiable information between private entities and does not contain adequate oversight or accountability measures necessary to ensure that the data is used only for appropriate purposes. […]”

It would “inappropriately shield companies from any suits where a company’s actions are based on cyber threat information identified, obtained, or shared under this bill, regardless of whether that action otherwise violated Federal criminal law or results in damage or loss of life. […]”

And finally, it “effectively treats domestic cybersecurity as an intelligence activity and thus, significantly departs from longstanding efforts to treat the Internet and cyberspace as civilian spheres. […]”

“If H.R. 3523 were presented to the President, his senior advisors would recommend that he veto the bill,” OMB

said.

h/t to Joan McCarter at Daily Kos for the summery

We at The Stars Hollow Gazette and Docudharma strongly oppose CISPA and urge you to contact your Congress person:

Tell Congress: Keep My Inbox Away From the Government

and to sign the petition:

Stop CISPA

Cross posted from The Stars Hollow Gazette

It certainly been an eventful day. The two bills, Stop Online Piracy Act (SOPA) and Protect Intellectual Property Act (PIPA), were defeated Wednesday by an internet blackout of key web sites and the avalanche of petitions, street protests, e-mails and phone calls to congressional members.

When the powerful world of old media mobilized to win passage of an online antipiracy bill, it marshaled the reliable giants of K Street – the United States Chamber of Commerce, the Recording Industry Association of America and, of course, the motion picture lobby, with its new chairman, former Senator Christopher J. Dodd, the Connecticut Democrat and an insider’s insider.

Yet on Wednesday this formidable old guard was forced to make way for the new as Web powerhouses backed by Internet activists rallied opposition to the legislation through Internet blackouts and cascading criticism, sending an unmistakable message to lawmakers grappling with new media issues: Don’t mess with the Internet. [..]

Congress now follows Bank of America, Verizon and Netflix as the latest institution to forced to change course by an internet led revolt.

It was especially dismaying that First Amendment stalwarts, like Senator Patrick Leahy and Representative John Conyers Jr. of Michigan, were sponsoring this bill. It took Republicans in the House, assisted by Paul Ryan (R-WI) and, initially, six Republican senators to get both bill pulled from consideration. To his credit, Sen. Ron Wyden (D-OR) was a one man road block to PIPA until the Republicans, pressured by their House compatriots, pulled their support.

So, besides Sen. Wyden, why weren’t there more Democrats opposed? Why were they even supporting a bill that would infringe on free speech and hurt job growth in the technology field? Follow the money. Hollywood, the music and movie industry, are a big supporters of anti-piracy and IP protection laws and Democrats.

Former Senator, Chris Dodd (D-CT), who forswore a lobbying career but is now CEO of Motion Picture Assn. of America, railed against technology companies such as Google, Mozilla and Wikipedia calling the blackout a “stunt”:

“It is an irresponsible response and a disservice to people who rely on them for information and who use their services,” Dodd said in a statement. “It is also an abuse of power given the freedoms these companies enjoy in the marketplace today.”

It wasn’t until Saturday that President Obama spoke out about the most controversial portions of the House bill that would require Internet service providers to block infringing websites but said nothing about PIPA, the Senate version, and fell short of saying he would veto the bill.

Up until the last few days the media, especially television and cable have been pretty silent. Chris Hayes of MSNBC’s “Up with Chris” hosted a debate with NBC Universal’s General Counsel, Richard Cotton, Alexis Ohanian, co-founder of Reddit.com, former Rep. Joe Sestak (D-PA) and former lobbyist Jack Abramoff. Since it became apparent that the traditional media was missing the boat on one of the biggest news stories of the year, they all started jumping back on the ship.

Wednesday night, Mr. Hayes was a guest on “The Rachel Maddow Show” where he and Rachel talked about the power and effectiveness of the online protest in influencing Congress who by and large didn’t understand the bills or the internet.

Will this stop these two bills? No, it won’t. As Wikipedia points out in its thank you to its visitors, “we’re not done yet”

SOPA sponsor Lamar Smith stated that the House of Representatives will push the bill forward in February. Senate sponsor Patrick Leahy still plans for a PIPA vote on January 24.

Moreover, SOPA and PIPA are symptoms of a larger issue. They are misguided solutions to a misunderstood problem. In the U.S. and abroad, legislators and big media are embracing censorship and sacrificing civil liberties in their attacks on free knowledge and an open Internet.

Although support has slipped in both the Senate and the House, there is a Senate vote on PIPA scheduled for January 24, and the House will be moving forward as well. It is important to keep the pressure up on both houses. We expect changes that appear to tone down the damaging effects of the laws, without addressing their fundamental flaws.

Keep calling your representatives! Tell them you believe in a free and open Internet!

It looks like this is just start of the war to save the internet.

As the next Congressional fight over payroll tax extensions and unemployment benefits and pipelines gets set up in the next few weeks for either its final chapter or to be kicked down the road a bit farther, one or the other, you’re going to hear a lot from our Republican friends about how much they value work and workers; most especially, they’ll tell you, they value American jobs for American workers.

After all, they’ll say, creating American jobs is the most important thing of all.

But if we were to look back over just the last few months, some would tell us, we could quickly find examples of how Republicans promote ideas that don’t seem to value work or workers at all, much less American jobs.

Well as it turns out, “some” seem to be right; to illustrate one of those examples we’ll look back a month or two or three to a time some Republicans might wish was long, long, ago, in a galaxy far, far away.

Cross posted from The Stars Hollow Gazette

While he is on vacation in Hawaii, President Barack Obama will ask Congress to raise the debt ceiling for the third and last time under the agreement that was negotiated last August. The increase, which is expected to be made by December 30, can only be stopped by passage of a “resolution of disapproval” which the President can veto. That isn’t likely since the last resolution was blocked by the Democrats in the Senate and since Congress in recess until the end of January, well past the 15 days Congress has to vote in the resolution of disapproval.

Pres. Obama is expected to ask for authority to increase the borrowing limit by $1.2 trillion which is within $100 billion of the current cap of $15.194 trillion. The motivation to request this raise now is mostly political and tied to the election next November, as noted by David Dayen at FDL:

In numbers that came out earlier this month, the deficit under current law for Fiscal Year 2012, ending September 30, is set to be right around $1 trillion. That doesn’t leave a lot of wiggle room for the White House to get to the next election without having to deal with the debt limit again, especially if new measures like the payroll tax go unfunded. [..]

That seems to be the motivating factor here. The White House simply does not want to go through another bruising debt limit fight again before the election. That places a limit on borrowing in the next fiscal year. It explains why the “fight” over the American Jobs Act wasn’t that major a fight, because passing all of the measures without paying for them immediately would require raising the debt limit again. And paying for them immediately would make the stimulative effect irrelevant. A couple of the measures, like the payroll tax and unemployment benefits, could conceivably pass while allowing the Treasury to squeeze past the elections under the debt limit. But the numbers are pretty close.

David Weigel at Slate points out, with some amusement, another reason to make the request now:

Both parties like to vote against debt limit hikes, when they can — makes for good TV ads. The problem this time is that they may never get a chance. The Washington Post‘s sharp congressional reporter Felicia Sonmez points out that Congress is actually out of town until January 17. [..]

Congress is still playing the unconstitutional game of pro forma sessions to prevent the president form making recess appointments. Technically, the resolution could be passed but it would have to be by unanimous consent and that is just not going to happen. So as Weigel notes unless some renegade congress critter demands a vote, even Congress keep from getting near the “burning wreckage” of this fight.

I have spent a number of years complaining about the interactions between Democrats and Republicans, but after the recent events involving the Keystone XL and civil liberties cave-ins, I’ve decided it’s time to stop complaining and embrace the madness.

But I also feel like there’s an ugly edge to all this…that hasn’t really been fully exploited.

I mean, Republicans have tried to force through a lot of disgusting ideas this Congress as they’ve held various bills hostage, but it seems like, if they really tried, they could do so much more.

But I’m not here to complain, I’m here to help; that’s why today we’ll be trotting out a few ideas of our own that Republicans can attach to bills throughout 2012, with the assistance of certain errant Democrats.

It’ll be fun, it’ll be festive, but most of all…it’ll be an exercise in Civic Responsibility, and in these difficult times, that’s something we could sorely use.

What is Government?

Why do we submit to the law?

We can’t run very fast. We have no sharp teeth or claws. Long ago it became obvious that it was in humanity’s self interest to ban together for our mutual security. We each give up a small amount of personal freedom, for the greater good of the whole. That is the basis of the social contract.

As citizens, our responsibility is to uphold the laws of government. The government, in turn, also has obligations. The bare minimum of those obligations are to protect the majority of people from enemies both foreign and domestic. What enemies do we wish to protect ourselves from? At the very least hunger, disease, invasion by hostile forces (external security), and threats to our self-governance (internal security).

So how are we doing in that respect? Lousy.

We all but wiped out hunger in the US shortly after the Kennedy administration (ended 1963), but the government intentionally reintroduced it in the Reagan administration to drive down worker wages. What is left of our health care system is sowing the seeds of its own destruction. Foreign NGO’s have been invited by the Supreme Court to financially manipulate campaigns and thus our government. Internal threats to self-governance are too numerous to recount here, and in any case the Supreme Court has abandoned all pretense that this was a democracy and officially ruled the US a plutocracy.

We are in essence living in a failed state. Just because I am writing about the US, don’t think your country is doing any better. Most of the Western world is in the same boat.

Other articles have detailed the complex road we took to get here. That is not the purpose of this series. This series discusses how we get out.

Specifically, how to tell our government “No!”

I got a weird little story about my friend Blitz Krieger to bring to you today.

He’s had a crazy car problem, he has, and over the past few months he thought he had found a solution – in fact, he thought he had found the solution of his dreams – but in the end, he’s discovered that the things you dream about often don’t go according to plan.

The way it’s worked out for him so far, it’s been a lot of anticipation followed by a sudden wave of frustration, but I feel like he’s a lot better off having his particular problem with his car…because if he’d had cancer instead, he’d surely be dead by now.  

After doing a bit of mountain hiking a few days back, I had a chance to get involved in a great afternoon conversation with the Alliance for American Manufacturing’s Mike Wessel, who also serves as a Commissioner with the U.S.-China Economic and Security Review Commission; the conversation was about how we’re doing when it comes to our relationship with China.

As it turns out, the two events went well together, because what I’m hearing from these guys is that we have a great big ol’ mountain to climb if we hope to get back to a level playing field in our interactions with this most important country.

There’s news to report across a variety of issues; that’s why today we’ll be talking about trade, human rights, cybersecurity, poverty and development, and the methods by which you can apply “soft power” to achieve hard results.

The entirely unanticipated result: all of this will reveal the naïveté of Ron Paul when it comes to foreign policy; we’ll discuss that at the end.  

You know what the problem is with America?

The poor don’t get just how great they have it.

I’ve been hearing this a lot lately; the basic thrust of the discussion is that all those cars, TVs, DVD players, refrigerators, and stoves that have found their way into the homes of the economic underclass are proof there’s really no such thing as “poor” in America.

If they were truly poor, the argument goes, well…think recycled corn.

And if the poor want things to get better, let ’em pull themselves up by their own bootstraps – and if they can’t, then let ’em rot, because that’s the best thing for the economy.

But I don’t buy all that, and by the time we’re done today, I hope to have given you a whole new perspective on how jobs get created in this country.

I don’t feel very good about this country this morning, and as so many of us are I’m thinking of how Troy Davis was hustled off this mortal coil by the State of Georgia without a lot of thought of what it means to execute the innocent.

And given the choice, I’d rather see us abandon the death penalty altogether, for reasons that must, at this moment, seem self-evident; that said, it’s my suspicion that a lot of states are not going to be in any hurry to abandon their death penalties anytime soon now that they know the Supreme Court will allow the innocent to be murdered.

So what if there was a way to create a compromise that balanced the absolute need to protect the innocent with the feeling among many Americans that, for some crimes, we absolutely have to impose the death penalty?

Considering the circumstances, it’s not going to be an easy subject, but let’s give it a try, and see what we can do.