Tag: TMC Politics

Cross posted from The Stars Hollow Gazette

Considering it has sided with corporations in so many of its rulings over the last few years, the out come of the last two rulings by the US Supreme Court for this session were predictable down to the vote.

As in its decision in Citizens United, in a five to four vote, the court rules that just like people, corporations, too, have religious beliefs.

Supreme Court Rejects Contraceptives Mandate for Some Corporationsby Adam Liptak, New York Times

The Supreme Court ruled on Monday that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom.

The 5-to-4 decision, which applied to two companies owned by Christian families, opened the door to challenges from other corporations to many laws that may be said to violate their religious liberty.

Justice Samuel A. Alito Jr., writing for the court’s five more conservative justices, said a federal religious-freedom law applied to for-profit corporations controlled by religious families. He added that the requirement that the companies provide contraception coverage imposed a substantial burden on the companies’ religious liberty. He said the government could provide the coverage in other ways.

Justice Ruth Bader Ginsburg, writing for the court’s four-member liberal wing, said the contraception coverage requirement was vital to women’s health and reproductive freedom. Justices Stephen G. Breyer and Elena Kagan joined almost all of the dissent, but they said there was no need to take a position on whether corporations may bring claims under the religious liberty law.

In an Illinois case with another 5 – 4 ruling, the justices ruled that in-home healthcare workers who are paid by the state cannot be compelled to pay union dues.

Supreme Court Ruling Allows Some Public Workers to Opt Out of Union Fees by Steven Greenhouse, New York Times

The Supreme Court ruled narrowly on Monday that some government employees did not have to pay any fees to labor unions representing them, but the court decision declined to strike down a decades-old precedent that required many public-sector workers to pay union fees.

Writing the majority 5-4 opinion, Justice Samuel A. Alito Jr. concluded that there was a category of government employee – a partial public employee – who can opt out of joining a union and not be required to contribute dues to that labor group.

Justice Alito wrote that home-care aides who are typically employed by an ill or disabled person with Medicaid’s paying their wages would be classified as partial public employees, which would not be the same as public-school teachers or police officers who work directly for the government.

Because states often set wages for partial public employees like home-care aides and because unions often do not conduct collective bargaining for them, these aides cannot be required to pay union fees, Justice Alito wrote. He wrote that requiring these home-care aides to pay would be a violation of their First Amendment rights.

Burwell v Hobby Lobby can be read here and Harris Et Al. v. Quinn, Governor of Illinois, Et Al can be read here

Cross posted from The Stars Hollow Gazette

The US Supreme Court has unanimously ruled that the police need a warrant to search the contents of cellphones seized from people they have arrested.

The opinion of the court, delivered by chief justice John Roberts, recognised that many owners of modern cellphones “keep on their person a digital record of nearly every aspect of their lives”, which may disclose a uniquely large volume of personal information if searched.

“Modern cell phones are not just another technological convenience,” Roberts wrote. “With all they contain and all they may reveal, they hold for many Americans the privacies of life.

Reading his ruling from the bench, Roberts went on: “The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple – get a warrant.”

As with the court’s ruling earlier this year limiting the use of GPS tracking by police, this is quite a victory for privacy in the modern age an the Fourth Amendment.

Cross posted from The Stars Hollow Gazette

Ninety-eight years ago on May 20, 1916, the French diplomat François Georges-Picot and British Sir Mark Sykes with Russian agreement concluded negotiations that would define each country’s spheres of influence and control in the Middle East should the Triple Entente succeed in defeating the Ottoman Empire during World War I. The Sykes-Picot agreement, combined with the Balfour Declaration that proposed separate Jewish and Palestinian states, has shaped the region and its politics for nearly 100 years.

With the current Iraqi government under siege from Sunni militants angered at their exclusion from the government and the maltreatment of the Sunni population, Sykes-Picot may now be in its death throws.

In the north the Kurds seized the oil rich city of Kirkuk which paves the way for them to break away from the Shia dominated government in Baghdad. In an surprise statement from an official member of the Turkey’s ruking party, Huseyin Celik said that the Kurds in Iraq have the right to self-determination.

The AKP 9Justice and Development Party) is the party of Turkish Prime Minister Recep Tayyip Erdogan under whom Ankara and Erbil have built strong economic and diplomatic relations.

In case Iraq gets partitioned, said Celik, “the Kurds, like any other nation, will have the right to decide their fate.”

Celik believes that Iraq is already headed towards partition thanks to “Maliki’s sectarian policies.” [..]

“Turkey has been supporting the Kurdistan Region till now and will continue this support,” said Celik.

Turkey and Kurdistan have signed a 50-year energy deal and Kurdish oil is exported via a pipeline that connects the autonomous region to the port of Ceyhan on the Mediterranean.

Huffington Post‘s Ryan Grim and Sophia Jones further report

The Kurds have been effectively autonomous since 1991, when the U.S. established a no-fly zone over northern Iraq. Turkey, a strong U.S. ally, has long opposed the creation of an independent Kurdistan so that its own eastern region would not be swallowed into it. But Celik’s statement indicates that the country may be starting to view an autonomous Kurdistan as a viable option — a sort of bulwark against spreading extremism within a deeply unstable country. [..]

Turkey and Iraqi Kurdistan have recently forged a strong bond over oil, much to the chagrin of Iraq, which claims that Baghdad has sole authority over oil in Kurdistan. Turkey recently signed a 50-year energy deal with Iraqi Kurdistan’s semi-autonomous government to export Kurdish oil to the north, and Kurdistan has increased its exports this week despite the insurgency by the Islamic State of Iraq and Syria. [..]

Considering the Turkish past opposition to an independent Kurdish state, this is an interesting reversal.

I suspect that Iraq’s creator, Gertrude Bell, is rolling over in her Baghdad grave.

Last week the city of Miami sued JP Morgan Chase for its predatory lending practices in Miami’e minority neighborhoods that caused a wave of foreclosures resulting in blight and high crime in those areas

There has been no criminal prosecution of these banking behemoths by the Department of Justice, not because of lack of evidence but because Attorney General Eric Holder refused to bring those charges. Instead Holder has negotiated with the banks and, in the case of JPMorgan, directly with the CEO’s, imposing large fines that most of these banks recoup in hours. We know that the Obama administration is top heavy with former Wall Street and banking executives from Obama’s Treasury Department, to the Department of Commerce down to his latest appointment Thomas Wheeler, as chair of the Federal Communications Commission. Why has this been allowed? Why haven’t the regulations and reforms been enacted? Why no prosecutions? One word answer: Congress. As PBS’s [Bill Moyer notes Congress is their secret weapon

These finance executives took part in “scandals that violate the most basic ethical norms,” as the head of the IMF Christine Lagarde put it last month, including illegal foreclosures, money laundering and the fixing of interest rate benchmarks. In fact, banking CEOs not only avoided prosecution but got average pay rises of 10 percent last year, taking home, on average, $13 million in compensation.

  These “gentlemen” are among the leaders of the industry’s efforts to repeal, or water down, some of the tougher rules and regulations enacted in the Dodd-Frank legislation that was passed to prevent another crash. As usual, they’re swelling their ranks with the very people who helped to write that bill. More than two dozen federal officials have pushed through the revolving door to the private sector they once sought to regulate.

   And then there are the lapdogs in Congress willfully collaborating with the financial industry. As the Center for Public Integrity put it recently, they are “Wall Street’s secret weapon,” a handful of representatives at the beck and call of the banks, eager to do their bidding. Jeb Hensarling is their head honcho. The Republican from Texas chairs the House Financial Services Committee, which functions for Wall Street like one of those no-tell motels with the neon sign. Hensarling makes no bones as to where his loyalties lie. “Occasionally we have been accused of trying to undermine aspects of Dodd-Frank,” he said recently, adding, with a chuckle, “I hope we’re guilty of it.” Guilty as charged, Congressman. And it tells us all we need to know about our bought and paid for government that you think it’s funny.

Mr. Moyers was joined by economist Anat Admati, co-author of the book, The Bankers’ New Clothes, to discuss the bipartisan effort to defang Dodd-Frank and let these Too Big To Fail banks get even bigger.

Wall Street banks are lobbying to defang sections of the law related to derivatives – the complex financial contracts at the core of the meltdown. One deregulation bill, the “London Whale Loophole Act,” would allow American banks to skip Dodd-Frank’s trading rules on derivatives if they are traded in countries that have similar regulatory structures.

Cross posted from The Stars Hollow Gazette

Every Sunday it’s almost guaranteed that the majority of the Sunday talk shows would be dominated by right wing neocons who have over the last 40 years managed to take this country into not just economic failure of the middle class but into being the laughing stock of the international community. This morning was no different as the war mongers and neocon war criminal were on full display.

Let’s start with “This Week” and the Bill Clinton’s former Press Secretary’s lien up. You can’t make this up, Laura Ingraham, a right wing radio talk show hack who managed to wheedle herself into a gig with ABC News, thinks that poor Eric Cantor can’t take a joke. During one of her appearances for David Brat, Cantor’s primary challenger, she suggested that Obama should have traded Cantor to the Taliban for Sgt, Bowe Bergdahl because of his stance on immigration reform. Ummm, Cantor is Jewish. She doubled down on that this morning’s “This Week” reacting to Cantor’s saying that comments like that “cheapened the debate.” Remember Daniel Pearl’s beheading, anyone?

While I dislike Eric Cantor, Laura went too far the first time and way over the antisemitism line the second. No Laura, we’re not laughing and you aren’t funny.

On “Face the Nation,” we have Senator Lindsey “I never saw a war I didn’t like” Graham on his fainting couch saying that the developments in Iraq and Syria portend another 9/11.

“The decision to withdraw U.S. forces created a vacuum,” Graham said. “Syria is launching pad. …If the central government in Iraq collapses – and that’s the goal of ISIS – Iran will own southern part of Iraq, that’s where the Shiites live; they can operate ISIS from Baghdad to Kurdistan all the way in to Syria. They will eventually march on Jordan and Lebanon – our best ally in the region is the King of Jordan – and they will attack us from that part of Iraq and Syria. According to our own Director of National Intelligence, FBI Director, the next 9/11 is coming from here.”

“That a very serious statement,” Schieffer said.

“I think it’s inevitable,” Graham replied. “They plan to drive us out of the Mideast by attacked us here at home.”

Where are Rudy, “a noun, a verb and 9/11,” Guiliani and Rep. Peter, “Mr. Islamaphobia,” King (R-NY)?

But the icing on this morning’s cake was on “Meet The Press” with David “The Dancing Master” Gregory’s interview with none other than one of the chief Bush war criminals former Deputy Secretary of Defense Paul Wolfowitz. When asked by Gregory about his and his neocon buddies culpability for the sectarian violence, Wolfie hedged:

   Gregory: Where you and others culpable of underestimating the level of sectarian violence, warfare in the country that creates the potential for this kind of terror states to develop today?

   Wolfowitz: Look, you use the word sectarian so did Richard Engel, This is more than just the obscure Shia/Sunni conflict. This is al-Qaeda and al-Qaeda is not on the road of defeat, al-Qaeda is on the march. Not just in Iraq and Syria and we have real enemies in the US and what we should be looking for friends. I think when we stick with our friends and those friends are not always perfect, but we stuck with the Kurds for twenty years. Northern Iraq, Kurdistan is a success story. We stuck with them South Korea for sixty years. South Korea is a miracle story if we walked away from that country in 1953, that country was a basket case.

(h/t John Amato at Crooks and Liars)

Never mind several centuries of the Sunni/Shiite rift, it’s Al Qaeda? oy.

First off Wolfowitz should be in prison in either The Hague or a max security here in the US. He shouldn’t be marched out as an expert any defense or foreign policy matter, let alone the Middle East.

Pass the antifreeze and make mine a double.

Cross posted from The Stars Hollow Gazette

This week an Al Qaeda splinter group, the Islamic State of Iraq and Syria, seized the Sunni dominated cities of Mosul, Iraq’a second largest city, and Tirkut, Sadaam Hussein’s ancestral home. The militants are now marching on Baghdad and have been reported to be about 100 miles north of Baghdad and have vowed to take the city to “settle accounts.”

Iraq Insurgency: Militants Plan To March On Baghdad After Seizing 2 Key Sunni Cities

The Islamic State aims to create an Islamic emirate spanning both sides of the Iraq-Syria border. It has been able to push deep into parts of the Iraqi Sunni heartland once controlled by U.S. forces because police and military forces melted away after relatively brief clashes.

Two senior intelligence officials told The Associated Press that an armed group led by al-Douri, the Naqshabandi Army, and other Saddam-era military figures joined the Islamic State in the fight. In Saddam’s hometown of Tikrit that was overrun by militants Wednesday, witnesses said fighters raised posters of Saddam and al-Douri. The two officials spoke on condition of anonymity because they were not authorized to talk to the press.

The involvement of Saddam-era figures raises the potential to escalate the militants’ campaign to establish an al-Qaida-like enclave into a wider Sunni uprising. That could only further the momentum toward turning Iraq’s sectarian and ethnic divisions in to a geographical fragmentation.

The Islamic State issued a triumphalist statement declaring that it would start implementing its strict version of Shariah law in Mosul and other regions it had overrun. It said women should stay in their homes for modesty reasons, warned it would cut off the hands of thieves and told residents to attend daily prayers. It told Sunnis in the military and police to abandon their posts and “repent” or else “face only death.”

In the north, Kurdish security forces took over the strategic northern oil city of Kirkuk after government troops fled.

Iraqi Kurdish forces take Kirkuk as Isis sets its sights on Baghdad

In Kirkuk, truckloads of peshmerga fighters patrolled the streets, but sporadic clashes continued between Kurdish forces and Isis gunmen on the outskirts of the city. A Kurdish minister responsible for regional security forces survived a bomb blast as he drove to the city after visiting peshmerga units in the surrounding region, AFP reported. [..]

About 500,000 people have fled Mosul, home to 2 million, and the surrounding province, many seeking safety in autonomous Kurdistan.

Isis’s spokesman, Abu Mohammed al-Adnani, said on Thursday that the group’s fighters intended to take the southern cities of Kerbala and Najaf, which hold two of the holiest shrines for Shia Muslims. [..]

Reports from Iraq have painted a confused picture of a rapidly developing situation with fighting reported in a number of key locations on Wednesday night and on Thursday, including on the outskirts of the city of Samarra, where government officials said Isis fighters had been driven back.

According to Army Staff Lieutenant General Sabah al-Fatlawi, quoted by Agence France-Presse, “elite forces” backed by air strikes pushed back a “fierce attack by Isis fighters who then bypassed the city heading towards Baghdad”.

Complicating the picture of the past few days were emerging suggestions that other Sunni insurgent groups, including Ba’ath nationalists, supporters of the executed Saddam, had played a role in the series of stunning setbacks for the Iraqi military.

The sudden collapse of the Iraqi army has raised international concerns about a rapidly widening regional crisis that has implications for Iraq’s powerful neighbours, Iran and Turkey.

This afternoon President Barack Obama said that he is watching this situation closely and is concerned

Speaking in the Oval Office after meeting with Prime Minister Tony Abbott of Australia, Mr. Obama said: “Iraq’s going to need more help. It’s going to need more help from us, and it’s going to need more help from the international community.”

The president said his national security team was working “around the clock” to determine the most effective aid. The United States, he noted, has given the Iraqi government military equipment and shared intelligence with it. [..]

“I don’t rule out anything,” Mr. Obama said, “because we do have a stake in making sure that these jihadists are not getting a permanent foothold in either Iraq or Syria, for that matter.”

The reality: there is very little that Obama can do. This was dumped on his desk when he was elected. The Iraqi government insisted that all American troops leave.

The real shame of it is that the people who created this crisis, George W. Bush and Richard Bruce “Dick” Cheney, are war criminals Obama refused to hold accountable. The current crisis lies squarely at their feet and the members of Congress who voted to allow the illegal invasion in 2003.

The Fall of Mosul and the False Promises of Modern History

by Juan Cole

It is an indictment of the George W. Bush administration, which falsely said it was going into Iraq because of a connection between al-Qaeda and Baghdad. There was none. Ironically, by invading, occupying, weakening and looting Iraq, Bush and Cheney brought al-Qaeda into the country and so weakened it as to allow it actually to take and hold territory in our own time. They put nothing in place of the system they tore down. They destroyed the socialist economy without succeeding in building private firms or commerce. They put in place an electoral system that emphasizes religious and ethnic divisions. They helped provoke a civil war in 2006-2007, and took credit for its subsiding in 2007-2008, attributing it to a troop escalation of 30,000 men (not very plausible). In fact, the Shiite militias won the civil war on the ground, turning Baghdad into a largely Shiite city and expelling many Sunnis to places like Mosul. There are resentments. [..]

I hasten to say that the difficulty Baghdad is having with keeping Mosul is also an indictment of the Saddam Hussein regime (1979-2003), which pioneered the tactic of sectarian rule, basing itself on a Sunni-heavy Baath Party in the center-north and largely neglecting or excluding the Shiite South. Now the Shiites have reversed that strategy, creating a Baghdad-Najaf-Basra power base.

Mosul’s changed circumstances are also an indictment of the irresponsible use to which Sunni fundamentalists in Kuwait, Saudi Arabia and elsewhere in the Oil Gulf are putting their riches. The high petroleum prices, usually over $100 a barrel, of the past few years in a row, have injected trillions of dollars into the Gulf. Some of that money has sloshed into the hands of people who rather admired Usama Bin Laden and who are perfectly willing to fund his clones to take over major cities like Aleppo and Mosul. The vaunted US Treasury Department ability to stop money transfers by people whom Washington does not like has faltered in this case. Is it because Washington is de facto allied with the billionaire Salafis of Kuwait City in Syria, where both want to see the Bashar al-Assad government overthrown and Iran weakened? The descent of the US into deep debt, and the emergence of Gulf states and sovereign wealth funds is a tremendous shift of geopolitical power to Riyadh, Kuwait City and Abu Dhabi, who can now simply buy Egyptian domestic and foreign policy away from Washington. They are also trying to buy a Salafi State of Syria and a Salafi state of northern and western Iraq. [..]

PM Nouri al-Maliki can only get Iraq back by allying with nationalist Sunnis in the north. Otherwise, for him simply brutally to occupy the city with Shiite troops and artillery and aerial bombing will make him look like his neighbor, Bashar al-Assad.

Cross posted from The Stars Hollow Gazette

During an hour “fireside” chat at this week’s Southland Conference on technology, entrepreneurship and southern culture, former Vice President Al Gore was asked about Eric Snowden by Sarah Lacey. His answer, when asked if Snowden was a hero or traitor, was quite clear:

   I hear this question all the time…I’m like most people, I don’t put (Snowden) in either one of those categories. But I will be candid – if you set up a spectrum, I would push it more away from the traitor side. He clearly violated the law (so) you can’t say OK what he did is alright. It is not.

   But what he revealed in the course of violating important laws included violations of the Constitution that were way more serious than the crimes he committed. In the course of violating important laws he also provided an important service because we did need to know how far this has gone.

He then added his concerns about the mass surveillance by the NSA:

This is a threat to the heart of democracy. Democracy is among other things a state of mind. If any of us are put in a position where we have to self censor, and think twice about what we write in an email, or what we click on for fear that somebody reading a record of this may misunderstand why we looked up some disease or something, some young people who might otherwise get help with a medical condition, might think oh my gosh if I put down a search for bipolar illness I will be stigmatized if my online file is hacked or accessed by my employer. That kills democracy.

Edward Snowden’s NSA leaks ‘an important service’, says Al Gore

By Ewan MacAskill, The Guardian

Former vice-president argues whistleblower exposed ‘violations of US constitution far more serious than crimes he committed’

Asked if he regarded Snowden as a traitor or whistleblower, Gore veered away from the “traitor” label. He refused to go as far as labelling him a whistleblower but signalled he viewed him as being closer to that category than a traitor, saying: “What he revealed in the course of violating important laws included violations of the US constitution that were way more serious than the crimes he committed.” [..]

Gore called on the internet companies to work with the public to help draw up a “digital Magna Carta” that provides protection of freedoms. “They need to pay attention to correcting some of these gross abuses of individual privacy that are ongoing in the business sphere,” he said.

Snowden’s hope of a return to the US is dependent on a change in a major shift in opinion that would allow him to escape a lengthy prison sentence. His supporters will seize on Gore’s comments to help make the case that he is a whistleblower and should be allowed to return to the US as a free man. Ben Wizner, Snowden’s US-based lawyer, said: “Al Gore is quite obviously right. Regrettably, the laws under which Snowden is being charged make no allowance for the value of the information he disclosed. Whether the NSA’s activities violated the law or the constitution would be irrelevant in a trial under the Espionage Act.”

This conversation about our privacy and the government disregard of the Constitution in the name of security is not over by a long shot.

The president of the National Organization for Women, Terry O’Neill told Media Matters that The Washington Post needs to dump George Will for his column downplaying the prevalence of campus sexual assault and suggesting some college efforts to curb it “make victimhood a coveted status.”

The column has drawn complaints from numerous women’s rights groups and prompted National Organization for Women President Terry O’Neill to call for Will’s ouster Tuesday.

“George Will needs to take a break from his column and The Washington Post needs to take a break from his column, they need to dump him,” O’Neill told Media Matters in a phone interview Tuesday afternoon. “It is actively harmful for the victims of sexual assault when that kind of man writes a piece that says to assault victims, ‘it didn’t happen and if it did happen you deserve it.’ That re-traumatizes victims. I can’t believe that Mr. Will has had this experience if he would put out such a hateful message.”

“We want him to back off and we want The Washington Post to stop carrying his column.”

O’Neill later added, “That is absolutely the kind of further attack on victims that just does such extraordinary harm … The media blaming women for the horrific rape of violence against women and sexual assault it is really shameful.”

Since Will’s column, the newspaper published an article titled “One way to end violence against women? Stop taking lovers and get married.”

The women’s rights group UltraViolet has started a petition telling The Washington Post to fire George Will

The Washington Post actually just published an opinion piece mocking sexual assault survivors and saying that women want to be raped.

The author, conservative columnist George Will, goes so far as to write that colleges are making “victimhood a coveted status” by taking public steps to curb sexual assaults on campus.

He even implies that non-consensual sex is not rape, when in fact it’s the very definition of rape!

George Will makes his living writing columns that many people disagree with. But his latest column has gone too far. Rape is a serious crime–accusing women of making it up and arguing schools shouldn’t be addressing sexual assault puts both women and men at risk. By publishing George Will’s piece, The Washington Post is amplifying some of the most insidious lies that perpetuate rape culture. It’s not just wrong–it’s dangerous.

Tell The Washington Post:

“Rape is real. No one wants to be a victim. Fire George Will.”

This government should be afraid of internet trolls. Very afraid.

On his June 1 Sunday night show “Last Week Tonight,” John Oliver made an impassioned plea to angry internet users to “focus your indiscriminate rage in a useful direction” and “prevent cable company fu*kery.”

Well we did and on Monday June 2 an army of Jon’s internet “trolls” crashed the Federal Communication Commission’s web site with e-mails demanding they protect net neutrality.

This is John’s call to action: Stop Calling It Net Neutrality; It’s ‘Preventing Cable Company F**kery’

And I can’t believe I’m going to do this. i would like to address the internet commenters out there directly. Good evening monsters, this may be the moment you spent your whole lives training for. You’ve been out there ferociously commenting on dance videos of adorable three-years-olds, saying things like: “every child could dance like this little loser after 1 week of practice.” Or you’d be polluting “Frozen’s ” Let It Go with comments like, “ice castle would giver her hypothermia and she dead in an hour.” Or, and I know you’ve done this one commenting on this show: “f*ck this asshole anchor…go suck ur president’s dick…ur just friends with terrorists xD.”

This is the moment you were made for, commenters. Like Ralph Macchio, you’ve been honing your skills waxing cars and painting fences, well guess what? Now it’s time to do some f*king karate.

For once in your life we need you to channel that anger. That badly spelled bile that you normally reserve.

H/T John Amato @ Crooks and Liars for the partial transcript

The FCC started taking public comments, nearly 50,000 have been posted in the last 30 days. Undoubtedly, those number will rise after John’s brilliant rant.

You still comment to the FCC at their site, here or use the easier EFF interface at DearFCC.org.

Author, poet, singer, dancer, actress, but most of all, Civil Rights Activist, Maya Angelou died this morning at her home in Winston-Salem, N.C. She was 86 years young.

Blessed be

Cross posted from The Stars Hollow Gazette

President Barack Obama has said that he wanted to reform how the NSA collects and stores metadata. What he says and what he does, again, are two different things.

The “Consult with Congress” Stage of USA Freedumb

By Marcy Wheeler, emptywheel

Remember how, in the days after President Obama announced his principles for reforming the dragnet, his Senior Administration Official pretended that any efforts to make the scope of the program worse would come from Congress? [..]

Well, it looks like the Administration isn’t so passive after all. They’re working with House leadership to gut the bill.

   TROUBLE FOR USA FREEDOM? – House leadership and Obama administration officials met with committee members Sunday to negotiate changes to key NSA reform legislation, parting late in the evening without reaching a final resolution, said a congressional staffer close to the process. Still, it seems clear that the USA FREEDOM Act, approved by the House Judiciary and Intelligence committees little more than a week ago, will not reach the House floor intact. Some passages have been watered down already, the staffer acknowledged, declining to go into specifics. The bill is set for “possible consideration” this week, according to the schedule circulated by House Majority Leader Eric Cantor’s office.

   Word of the talks caused some of the bill’s most ardent privacy and civil liberties backers to cry foul and say they could withdraw support. Areas of concern to watchdogs include possible removal of transparency language allowing companies to tell their customers about the broad numbers of lawful intercept requests they receive; and a debate on whether the search terms used by the NSA to search communications records should be narrowly defined in statute.

   “The version we fear could now be negotiated in secret and introduced on the House floor may not move us forward on NSA reform,” said human rights organization Access. “I am gravely disappointed if the House leadership and the administration chose to disrupt the hard-fought compromise that so many of us were pleased to support just two weeks ago,” said Kevin Bankston, policy director of the New America Foundation’s Open Technology Institute.

And while it’s not clear these secret changes would broaden the scope outside of counterterrorism (though I think that’s possible already), it does seem clear the Administration is pushing for these changes because the already weak bill is too strong for them.

Congress is no better.

Advocates fear NSA bill is being gutted

By Kate Tummarello, The Hill

To win the support of NSA defenders, lawmakers abandoned some reform provisions in Sensenbrenner’s original bill. One of the major changes was dropping the appointment of a constitutional advocate to the Foreign Intelligence Surveillance Court, which approves the NSA’s spying requests, and substituting it for a panel of experts.

The bill was also stripped of language that would have allowed tech companies to publish more specific information about the number and types of government requests for user data they receive.

During Judiciary consideration, an amendment to allow less specific reporting was added back into the bill, but some worry that provision is in danger now because the administration thinks it’s already reached a deal that allows tech companies to publish more information about the NSA requests.

While pro-reform advocacy groups and members hailed the House bill as a positive first step, many lamented the revisions and said the legislation will be in trouble on the floor if it undergoes further changes.

A Deep Dive into the House’s Version of Narrow NSA Reform: The New USA Freedom Act

By Mark Jaycox, Electronic Freedom Foundation

Here’s how the House version of the USA Freedom Act compares to the Senate’s version, what the new House version of the USA Freedom Act does, and what it sorely lacks.

The Senate’s Version of USA Freedom Act

As we mentioned when the original USA Freedom Act was first introduced, it proposed changes to several NSA activities and limited the bulk collection of all Americans’ calling records. It would fix a key problem with Section 702 (.pdf) of the Foreign Intelligence Surveillance Amendments Act (FISAA), bring more transparency to the Foreign Intelligence Surveillance Act Court (FISA court), and introduce a special advocate to champion civil liberties in the FISA court.

The House’s New Version of the USA Freedom Act:

The new USA Freedom Act concentrates on prohibiting the collection of all Americans’ calling records using Section 215 of the Patriot Act. Other sections of the bill would allow the FISA Court to assign amici, or non-parties who can brief issues before the court; create new government reports about the spying powers; and create new company reports detailing how many accounts and customers are affected by FISA Court orders.

First and foremost, the bill introduces a different conceptual approach to prohibiting mass spying under Section 215. Unlike the Senate version, which tries to stop the mass collection of calling records by mandating that the records sought “pertain to” an agent of a foreign power or their activities-an approach that we’ve worried about because “pertains to” and “relevant” are so similar-the House version mandates that a “specific selection term” (currently defined as uniquely describing a person, entity, or account) be the “basis for the production” of the records. The overall language may be stronger than in the old USA Freedom Act, but “specific selection term” must be further defined as “entity” could be construed expansively. After the order is filed, the government can obtain up to “two hops“-which may be too expansive for many investigations-from the selection term.

The bill also tries to tighten the “minimization procedures” that apply to government collection of records using Section 215 and other spying authorities like national security letters and the FISA Pen Register/Trap and Trace (PR/TT) provision. But the procedures only touch the FBI, not other agencies-like the NSA-that may be obtaining records using Section 215. In addition, the House version uses language we’ve seen in Section 702’s minimization procedures. If you remember, those procedures are horrendous. They allow for the overcollection, overretention, and oversharing of Americans’ communications “mistakenly” collected. The House must draft stronger minimization language to completely ensure improper information about untargeted users is not collected. For instance, simply inserting the word “acquisition” or “collection” would help.

End the NSA’s Mass Spying

Tell Congress: Support the USA FREEDOM Act. Stop the FISA Improvements Act & Other Fake Reforms.

There’s a powerful reform proposal moving through Congress. H.R. 3361, the House’s version of the USA FREEDOM Act, would limit bulk collection of phone records and add transparency to the egregious NSA spying.

If it passes, the USA FREEDOM Act will be the most meaningful reform of government surveillance in decades. While the USA FREEDOM Act doesn’t address every issue with NSA surveillance, it’s a powerful first step.

But certain members of Congress don’t want reform. Representatives Mike Rogers and Dutch Ruppersberger have introduced a bill that attempts to make NSA spying worse. And Senator Dianne Feinstein is promoting the FISA Improvements Act, a bill posing as reform that attempts to legalize the worst aspects of NSA surveillance.

We can’t let NSA apologists preserve the status quo. Demand real reform.  Stop mass spying.