Cross posted from The Stars Hollow Gazette

Before last week’s vote on the Amash/Conyer Amendment, that would have stripped financing for the NSA program of unfettered surveillance, the American people were already shifting in how they viewed these programs. Over the weekend Pew conducted another poll showing that the shift is even more stark.

“Overall, 47% say their greater concern about government anti-terrorism policies is that they have gone too far in restricting the average person’s civil liberties, while 35% say they are more concerned that policies have not gone far enough to protect the country. This is the first time in Pew Research polling that more have expressed concern over civil liberties than protection from terrorism since the question was first asked in 2004.”

Major opinion shifts, in the US and Congress, on NSA surveillance and privacy

by Glenn Greenwald, The Guardian

Pew finds that, for the first time since 9/11, Americans are now more worried about civil liberties abuses than terrorism

Perhaps more amazingly still, this shift has infected the US Congress. Following up on last week’s momentous House vote – in which 55% of Democrats and 45% of Republicans defied the White House and their own leadership to vote for the Amash/Conyers amendment to ban the NSA’s bulk phone records collection program – the New York Times has an article this morning which it summarizes on its front page this way:

Click on image to enlarge

The article describes how opposition to the NSA, which the paper says was recently confined to the Congressional “fringes”, has now “built a momentum that even critics say may be unstoppable, drawing support from Republican and Democratic leaders, attracting moderates in both parties and pulling in some of the most respected voices on national security in the House.” [..]

The strategy for the NSA and its Washington defenders for managing these changes is now clear: advocate their own largely meaningless reform to placate this growing sentiment while doing nothing to actually rein in the NSA’s power. “Backers of sweeping surveillance powers now say they recognize that changes are likely, and they are taking steps to make sure they maintain control over the extent of any revisions,” says the NYT.

The primary problem enabling out-of-control NSA spying has long been the Intelligence Committees in both houses of Congress. That’s an ironic twist given that those were the committees created in the wake of the mid-1970s Church Committee to provide rigorous oversight, as a response to the recognition that Executive Branch’s surveillance powers were being radically abused – and would inevitably be abused in the future – without robust transparency and accountability. [..]

The largest changes toward demanding civil liberties protections have occurred among liberal Democrats, Tea Party Republicans, independents and liberal/moderate Republicans. Only self-identified “moderate/conservative Democrats” – the Obama base – remains steadfast and steady in defense of NSA surveillance. The least divided, most-pro-NSA caucus in the House for last week’s vote was the corporatist Blue Dog Democrat caucus, which overwhelmingly voted to protect the NSA’s bulk spying on Americans.

As I’ve repeatedly said, the only ones defending the NSA at this point are the party loyalists and institutional authoritarians in both parties. That’s enough for the moment to control Washington outcomes – as epitomized by the unholy trinity that saved the NSA in the House last week: Pelosi, John Bohener and the Obama White House – but it is clearly not enough to stem the rapidly changing tide of public opinion.

On Sunday, Sen. Ron Wyden (D-OR), one of the harshest critics of the NSA and the FISA court, was a guest on C-Span’s Newsmankers. He called the FISA court “anachronistic” and stated that he is most likely to support overhaul of the secretive court. He was particularly alarmed by the way that the Patriot Act was being interpreted by the federal government in its fight against terrorism.

Cross posted from The Stars Hollow Gazette

Microsoft has previously admitted to cooperating with the NSA. New revelations reveal that it is far worse than was previously disclosed giving the NSA up-to-date access to its customer data whenever the company changes its encryption and related software technology. Microsoft helped the security agency find ways to circumvent its encryption on its Outlook.com portal’s encrypted Web chat function, and the agency was given what is described as “pre-encryption stage” access to e-mail on Outlook, including Hotmail e-mail.

How Microsoft handed the NSA access to encrypted messages

by Glenn Greenwald, Ewen MacAskill, Laura Poitras, Spencer Ackerman and Dominic Rushe, The Guardian, Thursday 11 July 2013

• Secret files show scale of Silicon Valley co-operation on Prism

• Outlook.com encryption unlocked even before official launch

• Skype worked to enable Prism collection of video calls

• Company says it is legally compelled to comply

The files provided by Edward Snowden illustrate the scale of co-operation between Silicon Valley and the intelligence agencies over the last three years. They also shed new light on the workings of the top-secret Prism program, which was disclosed by the Guardian and the Washington Post last month.

The documents show that:

• Microsoft helped the NSA to circumvent its encryption to address concerns that the agency would be unable to intercept web chats on the new Outlook.com portal;

• The agency already had pre-encryption stage access to email on Outlook.com, including Hotmail;

• The company worked with the FBI this year to allow the NSA easier access via Prism to its cloud storage service SkyDrive, which now has more than 250 million users worldwide;

• Microsoft also worked with the FBI’s Data Intercept Unit to “understand” potential issues with a feature in Outlook.com that allows users to create email aliases;

• In July last year, nine months after Microsoft bought Skype, the NSA boasted that a new capability had tripled the amount of Skype video calls being collected through Prism;

While Microsoft claimed it had no choice but to cooperate arguing that it provides customer data “only in response to government demands and we only ever comply with orders for requests about specific accounts or identifiers”. Emptywheel proprietress, Marcy Wheeler is interested in some of the details about the cooperation:

For example, the story describes that this cooperation takes place through the Special Source Operations unit.

   The latest documents come from the NSA’s Special Source Operations (SSO) division, described by Snowden as the “crown jewel” of the agency. It is responsible for all programs aimed at US communications systems through corporate partnerships such as Prism.

But we saw that when NSA approached (presumably) Microsoft in 2002, it did not approach via SSO; it used a more formal approach through counsel.

In addition, note how Skype increased cooperation in the months before Microsoft purchased it for what was then considered a hugely inflated price, and what is now being called (in other legal jurisdictions) so dominant that it doesn’t have to cooperate with others.

   One document boasts that Prism monitoring of Skype video production has roughly tripled since a new capability was added on 14 July 2012. “The audio portions of these sessions have been processed correctly all along, but without the accompanying video. Now, analysts will have the complete ‘picture’,” it says.

   Eight months before being bought by Microsoft, Skype joined the Prism program in February 2011.

   According to the NSA documents, work had begun on smoothly integrating Skype into Prism in November 2010, but it was not until 4 February 2011 that the company was served with a directive to comply signed by the attorney general.

   The NSA was able to start tasking Skype communications the following day, and collection began on 6 February. “Feedback indicated that a collected Skype call was very clear and the metadata looked complete,” the document stated, praising the co-operation between NSA teams and the FBI. “Collaborative teamwork was the key to the successful addition of another provider to the Prism system.”

While this isn’t as obvious as Verizon’s MCI purchase – which for the first time led that carrier to hand over Internet data – it does seem that those companies that cooperate with the NSA end up taking over their rivals.

The Guardian article includes a statement from Microsoft and a joint statement by Shawn Turner, spokesman for the director of National Intelligence, and Judith Emmel, spokeswoman for the NSA.

In his New York Times article, James Risen reports that some Silicon Valley companies fearing negative public response have begun to openly push back against the security agency:

Yahoo, for example, is now asking the Foreign Intelligence Surveillance Court, the secret court that rules on data collection requests by the government, to allow it to make public the record of its 2008 challenge to the constitutionality of the law requiring it to provide its customer data to the agency.

A Yahoo spokeswoman said Thursday that the company was “seeking permission from the FISA court to unseal the arguments and orders from the 2008 case.”

Risen also reported that Sen. Ron Wyden (D-OR) believes that the White House is considering scaling back data collection over concerns about privacy issues and public backlash against the security agency’s large-scale collection of the personal data:

“I have a feeling that the administration is getting concerned about the bulk phone records collection, and that they are thinking about whether to move administratively to stop it,” he said. He added he believed that the continuing controversy prompted by Mr. Snowden had changed the political calculus in Congress over the balance between security and civil liberties, which has been heavily weighted toward security since the Sept. 11 terrorist attacks.

“I think we are making a comeback,” Mr. Wyden said, referring to privacy and civil liberties advocates.

Cross posted from The Stars Hollow Gazette

Meet the most powerful man you’ve never heard of until recently, Gen. Keith B. Alexander,  Director of the National Security Agency (DIRNSA)and Chief of the Central Security Service (CHCSS) since August 1, 2005 and Commander of the United States Cyber Command since  May 21, 2010. He is a four star general in the United States Army and, according to Wikipedia, plans to retire in 2014, which may not be soon enough for some. Did I mention that he is also a proven liar? So, when he says, as he did, without any evidence, before the House Permanent Select Committee on Intelligence, that 50 terrorist attack were thwarted by the contested programs of the NSA take it with a large grain of salt.

Chris Hayes, host of MSNBC’s “All In,” looks at Gen. Alexander’s tenure over the NSA with James Bamford and explains why he may be the most powerful man in Washington that you have yet to hear of.

“We jokingly referred to him as Emperor Alexander, because whatever Keith wants, Keith gets.”

The Secret War

by James Bradford, Wired

Infiltration, sabotage, mayhem, for years, four star general Keith Alexander has been building a secret army capable of launching devastating cyberattacks. Now it;s rady to unleash hell.

Inside Fort Meade, Maryland, a top-secret city bustles. Tens of thousands of people move through more than 50 buildings-the city has its own post office, fire department, and police force. But as if designed by Kafka, it sits among a forest of trees, surrounded by electrified fences and heavily armed guards, protected by antitank barriers, monitored by sensitive motion detectors, and watched by rotating cameras. To block any telltale electromagnetic signals from escaping, the inner walls of the buildings are wrapped in protective copper shielding and the one-way windows are embedded with a fine copper mesh.

This is the undisputed domain of General Keith Alexander, a man few even in Washington would likely recognize. Never before has anyone in America’s intelligence sphere come close to his degree of power, the number of people under his command, the expanse of his rule, the length of his reign, or the depth of his secrecy. A four-star Army general, his authority extends across three domains: He is director of the world’s largest intelligence service, the National Security Agency; chief of the Central Security Service; and commander of the US Cyber Command. As such, he has his own secret military, presiding over the Navy’s 10th Fleet, the 24th Air Force, and the Second Army.

Despite the risks to his personal safety, the whistleblower who leaked the FISA court order and NSA surveillance programs to The Guardian has revealed himself. Prior to giving the tapes to columnist Glenn Greenwald, the 29 year old Edward Snowden chose to leave the US for Hong Kong because of it long history of respect for freedom of speech. Like six other whistleblowers, he expects that he will be charged by the Obama administration under the 1917 Espionage Act. In the 12 minute video that was produced and copyrighted* by American documentary film director and producer, Laura Poitras, he explains his decision to give the secret warrant and programs to Greenwald and leave the United States.

The 29-year-old source behind the biggest intelligence leak in the NSA’s history explains his motives, his uncertain future and why he never intended on hiding in the shadows

The individual responsible for one of the most significant leaks in US political history is Edward Snowden, a 29-year-old former technical assistant for the CIA and current employee of the defence contractor Booz Allen Hamilton. Snowden has been working at the National Security Agency for the last four years as an employee of various outside contractors, including Booz Allen and Dell.

The Guardian, after several days of interviews, is revealing his identity at his request. From the moment he decided to disclose numerous top-secret documents to the public, he was determined not to opt for the protection of anonymity. “I have no intention of hiding who I am because I know I have done nothing wrong,” he said.

Snowden will go down in history as one of America’s most consequential whistleblowers, alongside Daniel Ellsberg and Bradley Manning. He is responsible for handing over material from one of the world’s most secretive organisations – the NSA.

Cross posted from The Stars Hollow Gazette

Where have all our freedoms gone? Have they eroded before our eyes because we failed to use them by demanding that our elected representatives protect the Constitution? Did irrational fear of an unseen enemy with no country, armed with a fanatical hatred scare us into allowing those freedoms to be abrogated? Apparently our current government from the executive to the judicial seem to think that the Constitution is a nice idea but its time has passed. We’re at war with “terror” and “terror” will never surrender. Law Professor Jonathan Turley, in an op-ed written shortly after President Obama signed the National Defense Authorization Act into law, enumerated the ten reasons the US is no loner the land of the free:

1. Assassination of U.S. citizens

Last year, President Obama went further than George W. Bush would have dared with the ordered assassination of a US citizen, Anwar al-Awlaqi. Just as the Bush administration justified torture, Pres. Obama justified targeted assassination of an American citizen without due process in a secret memo from administration lawyers. The administration cavalierly calling it “due process in war.” Yet, the US is hypocritical enough to criticize other countries for doing the same.

2. Indefinite detention

Under the NDAA the president can indefinitely detain a citizen that is suspected of terrorism and allow the military to hold them. While President Obama issued a signing statement saying that he would never do that, signing statement have no force of law and are not binding, either for Obama or any future president. Presidents have been known to change their minds, Obama does so on a regular basis.  

3. Arbitrary justice

The president decides who will be tried in the Federal courts or by a military tribunal, a system, as Prof. Turley points out, “that has been ridiculed around the world for lacking basic due process protections.” Yet countries like China and Egypt have rejected tribunals as an alternative to civilian courts.

Those first three reasons totally disregard the Fifth, Sixth and Eighth Amendments

4. Warrantless searches

Under the Patriot Act of 2001, and reinforced by Pres. Obama in 2011, the government can force companies and businesses to turn over citizens records, everything from finances to library records without a warrant and bar the company from telling the targets.

Fourth Amendment? What Fourth Amendment?

5. Secret evidence

The government under the guise of national security says it doesn’t have to show evidence it deems secret for national security thus forcing the dismissal of lawsuits brought against it for illegal detention and torture. This is how the Obama Justice Department has protected the war criminals from the Bush administration not only from civil liability but criminal prosecution for crimes against humanity. As Prof Turley describes, “This allows the government to claim secret legal arguments to support secret proceedings using secret evidence.”

Star Chamber?

6. War Crimes

Since 2009, the President Obama has refused to allow the prosecution of anyone responsible for waterboarding and torture. This in complete disregard of treaty obligations and the Nuremberg principles of international law. The Obama administration went so far as to pressure countries such as Spain to drop criminal investigations of war crimes committed by the Bush administration. Yet the US continues to reserve the right to prosecute war criminals in other countries. ”

“Do as I say not as I do” is the attitude that has fed the hatred of terrorists, as well as, disdain from countries like China when we criticize their human rights violations.

7. Secret court

The Foreign Intelligence Surveillance Court is the United States’ “secret court”, the “star chamber“, that operates in total secrecy. Created in 1978, the eleven judges of the U.S. Foreign Intelligence Surveillance Court (FIS) consider and rule on applications by federal law enforcement and intelligence agencies to conduct electronic surveillance anywhere within the United States. When FISA came up for renewal under the Bush administration it expanded its secret warrants to include individuals deemed to be aiding or abetting hostile foreign governments or organizations. Then Sen. Barack Obama said that he would filibuster the renewal unless certain portions of the bill were fixed to ensure that it did not violate the Constitution. Needless to say, Sen Obama not only did not filibuster the FISA, he voted for it, promising to “fix it” if he was elected president. That was a lie. In 2011, not only did President Obama not fix it, he expanded it to in include secret searches of individuals who are not part of an identifiable terrorist group.

8.  Immunity from judicial review

The Obama administration has pushed for, and granted, immunity of telecommunications companies that assist in warantless surveillance. Citizens who have had their privacy violated by the government no longer have redress.

9. Continual monitoring of citizens

So far the Obama administration has successfully defended in the courts its view that it has the right to use GPS to monitor every move of targeted citizens without securing any court order or review. The case, Jones v. United States, could overturn Katz v. United States which is celebrated as saving privacy in the United States, articulated the principle that “the Fourth Amendment protects people, not places.” That 1967 decision reversed a long erosion of privacy protection and required greater use of warrants by the government.

10. Extraordinary renditions

While the Obama administration has insisted that it no longer transfers persons into the custody of other countries where they could be held and tortured, it is still claiming the right to to order such transfers, including the possible transfer of U.S. citizens.

Prof. Turley goes in to quote those who are justifying these abuses as saying it’s all due to the times we in which we live. But as he so importantly notes in conclusion:

An authoritarian nation is defined not just by the use of authoritarian powers, but by the ability to use them. If a president can take away your freedom or your life on his own authority, all rights become little more than a discretionary grant subject to executive will.

The framers lived under autocratic rule and understood this danger better than we do. James Madison famously warned that we needed a system that did not depend on the good intentions or motivations of our rulers: “If men were angels, no government would be necessary.”

Benjamin Franklin was more direct. In 1787, a Mrs. Powel confronted Franklin after the signing of the Constitution and asked, “Well, Doctor, what have we got – a republic or a monarchy?” His response was a bit chilling: “A republic, Madam, if you can keep it.”

Since 9/11, we have created the very government the framers feared: a government with sweeping and largely unchecked powers resting on the hope that they will be used wisely. [..]

Dishonesty from politicians is nothing new for Americans. The real question is whether we are lying to ourselves when we call this country the land of the free.

What was that “change” that was promised three years ago?

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!”

“Duck House”:

I sit on the floor of the Duck House with thirty others, brainstorming for the January action. Neither men nor women dominate the group. We are young, and surprisingly old. Counter-culture and conservatively clad. We question whether it is nobler to seek permits or just show up unannounced. We speak of banners, flyers and street theater-anything to educate the public about our goal.

Even when I still lived in Arizona, I had heard of this place. Democracy Unlimited Humboldt County (DUHC) or “Duck” was on the forefront of the war against corporate power. In 1998, they helped pass a ballot initiative establishing the Democracy and Corporations standing committee in Arcata’s city council here in California.

The Committee’s primary functions are: to research and present to the Council options for controlling the growth of “pattern restaurants” in the community; to cooperate with other communities working on socially responsible investing and procurement policies; to make recommendations to the Council, and/or with the Council’s approval, provide educational opportunities to promote “fair trade”; to inform citizens of corporations with negative social and environmental impact; and to provide advice on ways to foster sustained locally-owned businesses, publicly or locally owned services and worker-owned cooperatives and collectives.–City of Arcata

The committee was hailed by Howard Zinn, Noam Chomsky, and Jim Hightower. Ralph Nader commented, “I look forward to Arcata being a luminous star in the rising crescendo of democracy in our country.”

Embolden by this success, they passed Measure T in 2004. It forbid nonlocal corporations from contributing to local political campaigns. Two corporations immediately challenged the initiative as unconstitutional. Before the case could be decided by the courts, Humboldt’s Board of Supervisors succumbed to corporate pressure and declared this popularly elected law nullified.

DUHC learned from this experience. They won’t be going it alone, this time. They are but one small seed of democracy, but they are amassing with others to change the political landscape in America. They have joined Move to Amend in a miliary campaign, and this time their aim is not a city ordinance in some far off town on the edge of America, but changing the highest law in the land.

Cross posted from The Stars Hollow Gazette

The (un)Patriot Act was passed, unamended, without debate, and signed by President Obama, who was still in Europe, with a robotic pen before it could expire. Sen. Ron Wyden (D-OR), who along with several other liberal senators, had proposed an amendment that put an end to the government secret interpretation of the law, cut a deal with Senate Majority Leader Harry Read (?-NV) and Sen. Diane Feinstein (?-CA) to withdraw the amendment. Reid promised to hold hearings on secret law, and, if his concerns were not met, propose his amendment at a later date.

I long ago gave up any hope of change from the current regime. It’s obvious that they have shed their skins and revealed themselves to be no better than the Bush/Cheny criminal regime that they are covering.

George Washington University law professor, Jeffrey Rosen, joins Cenk Uygur to discuss the (un)Patriot Act, its unconstitutionality, the duplicity of Harry Reid and how American’s really do not understand what is in this bill.

Say good-by to the First, Fourth and Fifth Amendment, as well as, Article III courts.

Cross posted from The Stars Hollow Gazette

This country stands on the edge of no longer existing as the Founding Father’s envisioned in the Constitution. Congress is about to infer on the Executive branch unprecedented power to wage war anywhere, detain or assassinate anyone, anywhere without due process and continue the expansion of the national security and surveillance state. The renewal of the reviled Patriot Act, is slated to be passed by congress with bipartisan approval today. As Jon Walker so astutely observes:

The often praised “bipartisanship” is rarely ever the product of both parties coming together around what the people want, and almost always about using each other as cover to avoid electoral consequences for voting in opposition to the will of the electorate.

The controversial Patriot Act, a bill once despised by almost every Democrat, passed cloture in the Senate on Monday night by 74 to 8. As Glen Greenwald noted only bills in support of Israel get this kind of near unanimous support. Eight Senators voting against cloture were Independent Sen. Bernie Sanders, Democrats Jeff Merkley, Mark Begich, Max Baucus, and John Tester, and GOP Senators Lisa Murkowski, Rand Paul, and Dean Heller. Tester and Paul spoke out specifically, objecting to the most egregious parts of the bill and the need for reform.