Tag Archive: Patriot Act

Jun 01 2015

The Patriot Act Ain’t Dead Yet

While the Senate failed to pass the USA Freedom Act during Sunday’s emergency session, it did get past a cloture vote to continue debate and consider amendments that could either weaken or strengthen the already inadequate reform of the controversial Section 215 of the Patriot Act. So for the moment, the most egregious parts of the act which violate the Fourth Amendment have expired. So what next? There is no chance to renew the Patriot Act, as the Senate Republican leadership would prefer. Amending the US Freedom Act would necessitate the bill being returned to the House for another vote or hash out the details in a conference committee. None of this looks good for a resolution anytime soon, which is not entirely a bad thing.

McConnell introduced a handful of amendments Sunday evening on behalf of himself and Senate Intelligence Committee Chairman Richard Burr (R-N.C.). Paul and Sen. Bernie Sanders (I-Vt.) has also attempted to bring up amendments of their own, but they were blocked.

Paul’s opposition will push votes on both those amendments and the final bill back to Tuesday at the earliest, and potentially Wednesday.

The House would then either need to vote on the new bill or hash out the details in a conference committee.

Rep. Justin Amash (R-Mich.) – an NSA critic – warned senators against adding amendments to the legislation that could potentially weaken the bill in the eyes of its supporters.

“On the House side, there’s not support for a more watered down version of the Freedom Act,” he said. “If they want to get something passed through the House, they need to make it better not worse.

Pulitzer Prize-winning journalist with The Intercept, Glenn Greenwald gave his reaction to the expiration of the act and the fear mongering that will ensue to Democracy Now!‘s Amy Goodman’



Transcript can be read here

The internecine GOP politics surrounding this are quite a maze since it involves not just Sen. Paul’s candidacy for president in 2016, but power fights between the House and Senate leaderships. Sen. McConnell and House Speaker John Boehner (R-OH) are not exactly best of friends.

The game is now in the Senate and could mean the permanent end of Section 215. Let’s keep our fingers crossed they screw this up.  

May 27 2015

Changing Minds on Edward Snowden

Former Assistant Secretary of State for Public Affairs in the Jimmy Carter administration Hodding Carter III has changed his mind about Edward Snowden whose leaks of NSA programs to the public has sparked the debate a the renewal of the Patriot Act. In an article in Salon, he explains  his change of heart and offered an apology to The Intercept‘s Glenn Greenwald.

Glenn Greenwald, I’m sorry: Why I changed my mind on Edward Snowden

What follows is based on sixty years of experience in public life and journalism. It arises from deepening concern about the people’s limited appreciation of the First Amendment and disgust with media waffling behind timidity’s breastworks. It also arises from urgent unease about government overreach in the name of “homeland security,” an overreach based on post-9/11 fear, political opportunism and an all but explicit assertion that a free people do not need to know and should not demand to know how they are being protected. There is no pretense here of carefully allocated balance, that briefly treasured convention of American journalism. Instead, this is an attempt to explain the evolution of today’s media-government confrontations and to suggest answers to the hard questions that currently face the press when national security clashes with the Bill of Rights.

Unless informed consent is to be treated as a dangerous relic of more tranquil times, these questions should be answered on behalf of the American people as often as they arise. That means applying general principles to specific cases. Knowing the evolution of press freedom can be useful. Having an accurate picture of the chaotic realities of the murky present is crucial. Hard cases are inevitable; hard-and-fast rules are rarely available and too often inapplicable to current conditions. In the end, as always, it is up to each journalist and news organization to be willing to stand alone, to ask, and to answer individually:

“Whose side are you on?”

Mr. Carter and Glenn Greenwald appeared on MSNBC’s “The Last Word” to discuss the surveillance and the firght over the renewal of the Patriot Act.

Whose side are you on?

May 23 2015

Extension of Patriot Act Provisions Blocked

C-Span is fast becoming my late night entertainment channel. The Senate’s votes on the House USA Freedom Act and Senate Majority Leader Mitch McConnell’s attempts to extend the Patriot Act provisions for mass surveillance, for even one day past June 1, were well worth staying up to the early morning hours well worth the loss of sleep. (Not that I don’t anyway.) It was, at last, an epic #FAIL for the spies and fear mongers on both votes.

By a vote of 57-42, the USA Freedom Act failed on Friday to reach the 60-vote threshold needed to advance in the Senate after hours of procedural manoeuvering lasted into the wee hours Saturday morning.

The result left the Senate due to reconvene on May 31, just hours before a wellspring of broad NSA and FBI domestic spying powers will expire at midnight.

Architects of the USA Freedom Act had hoped that the expiration at the end of May of the Patriot Act authorities, known as Section 215, provided them sufficient leverage to undo the defeat of 2014 and push their bill over the line.

The bill was a compromise to limit the scope of government surveillance. It traded the end of NSA bulk surveillance for the retention through 2019 of Section 215, which permits the collection of “business records” outside normal warrant and subpoena channels – as well as a massive amount of US communications metadata, according to a justice department report. [..]

On Saturday morning, after both cloture votes failed, Senate majority leader Mitch McConnell asked for unanimous consent to extend the Patriot Act for a week. Paul objected. Objections were then heard from Paul, as well as from Oregon Democrat Ron Wyden and New Mexico Democrat Martin Heinrich on four-day, two-day and one-day extensions. Eventually McConnell gave up and announced that the Senate would adjourn until 31 May, the day before the key provisions of the Patriot Act expire. [..]

Those who want a straight extension of the Patriot Act are in a distinct minority and supporters of the USA Freedom Act still cannot muster the necessary super majority to advance the bill. The result means those who are more than happy to simply let Section 215 expire on May 31 are in the driver’s seat.

When reporters asked Paul on Saturday morning whether he was concerned about the provisions of the Patriot Act expiring at the end of the month, the Kentucky Republican seemed unworried “We were liking the constitution for about 200 years and I think we could rely on the constitution.”

Watch Sen. Paul shut down Sen McConnell’s attempts to extend the Patriot Act,

Also caught in that clip was Sen. Huckleberry Butchmeup rolling his eyes and picking his nose as Sen. Paul was speaking.

This was Marcy Wheeler’s (emptywheel) reaction on the proceedings

It’s not certain just how “legal” Pres. Obama’s request to the FISA court would be considering the federal appeals court ruling last week that found the N.S.A.’s bulk collection of phone records illegal.

The Senate will return from the Memorial Day break one day early, on May 31, to reconsider an extension of the three provisions of the Patriot Act that will expire the next day.

Let me say two things. First, I am ashamed that any Democrat supported the farce House bill that does nothing to protect our Fourth Amendment rights. Sorry, Sen. Boxer, this is not protecting our county.

Second, a hearty thanks to Senator Rand Paul, who for the fist time that I can remember, went past Charles Pierce’s five minute rule for anything he says.

May 08 2015

NSA Bulk Phone Data Mining Illegal

A federal court ion New York has ruled that the National Security Agency’s mass phone data collection under the Patriot Act is illegal.

Ruling on a program revealed by former government security contractor Edward Snowden, the 2nd U.S. Circuit Court of Appeals in Manhattan said the Patriot Act did not authorize the National Security Agency to collect Americans’ calling records in bulk.

Circuit Judge Gerard Lynch wrote for a three-judge panel that Section 215, which addresses the FBI’s ability to gather business records, could not be interpreted to have permitted the NSA to collect a “staggering” amount of phone records, contrary to claims by the Bush and Obama administrations.

The 2nd U.S. Circuit Court of Appeals in Manhattan held back from saying it was unconstitutional, nor did it order a halt to the program which expires on June 1.

The ruling has sparked concern by the Department of Justice. Newly appointed Attorney General Loretta Lynch said that the DOJ was reviewing the decision calling it “vital tool in our national security.” One more reason this woman is unfit for AG.

The Senate has decided to delay its consideration of the long term renewal of the Patriot Act.

Now, with the relevant section of the Patriot Act due to expire at the end of the month, Republican leaders in Congress are scrambling to find a shorter-term fix to keep the programme alive as it looks likely that the court ruling will prevent them from securing the necessary votes for a full extension in the remaining six days of this legislative session. [..]

One option would be a one-month extension to get Congress past the 1 June deadline in exchange for Republicans allowing an alternative vote on the USA Freedom Act – a reform bill designed to replace NSA collection of telephone metadata with a scheme involving data retention by telephone companies instead.

But newly emboldened Democrats angrily denied rumours that they had agreed to such a deal on Thursday. [..]

Many of those in favour of reform believe their best chance of forcing the Republican leader Mitch McConnell into allowing a vote on the Freedom Act is the prospect of him failing to pass anything and forcing the NSA to totally shutdown the controversial programme first revealed by Edward Snowden.

Such a scenario would be preferable to many privacy campaigners, such as the American Civil Liberties Union, which originally lodged Thursday’s court challenge.

But even a full reauthorisation of the Patriot Act would now require supreme court approval to be effective, argue campaigners.

Last week the House appeared ready to pass the U.S.A. Freedom Act which would end the collection of metadata, a mere band-aid on the problem. It would still allow the N.S.A.’s ability to analyze links between callers to hunt for terrorists, but keep the bulk records in the hands of phone companies, which could dispose of them after 18 months. The N.S.A. currently stores them for five years. With the court ruling, that may no longer be an option.

Needless to say this has the neo-con fear mongers scrambling

A spokesman for McConnell’s office insisted he continued to back the Patriot Act renewal and pointed to support for its use by judges in the Foreign Intelligence Surveillance Act (Fisa) courts that were designed to deal with such questions. “All the other courts, the Fisa courts, have ruled the other way,” he said.

“I think it’s very unfortunate,” the Arizona senator John McCain, a Republican, also told the Guardian. “I’m very concerned and it’s my understanding other courts have ruled otherwise.”

The problem with the argument about the “other Courts” is that the court they are talking about FISA has questionable constitutionality since it doesn’t fit the Article III and Fourth Amendment requirements.

And let us not forget 9/11

Lindsey Graham, the Republican senator from South Carolina and an ardent supporter of the NSA, invoked the attacks on September 11 to emphasise the importance of the surveillance programmes.

“I’ve got one goal: if you need to reform the programme, great, I just don’t want to gut it,” Graham told the Guardian. “I would continue until someone told me to stop. I believe if the programme were in operation before 9/11, we probably would have prevented 9/11.”

Graham added that he found it hard to believe lawmakers would diminish the programme, given the current national security climate, “based on a court ruling that’s not binding”.

On other thing that the ruling inadvertently did was vindicated whistleblower Edward Snowden whose leak of the NSA program prompted to public discussion and legal challenges.

The ruling was discussed by Senator Ron Wyden (D-OR) and The Intercept journalist Glenn Grenwald on MSNBC’s “Now” host Alex Wagner.

What Charlie Pierce said

(T)he program has now faced the clear light of an open court and it has been judged in its operation to be at best a baroque overreach and, at worst, un-American. This debate always has been better conducted in the open. This is the case with almost any debate, but especially those that arise under the tremulous camouflage of National Security. If I thought courage was as contagious as fear, I’d be more optimistic. And, again, I point out that all this ever was about was what kind of government we would be willing to tolerate and still maintain our identity as a constitutional self-governing Republic, and that none of this happens without the intervention of Edward Snowden, International Man Of Luggage, and Glenn Greenwald, who is simply Not One Of Us.

Apr 27 2015

TBC: Morning Musing 4.27.15

I have 3 articles for you this morning!

First up, this needs to happen:

The Sun Must Go Down on the Patriot Act

Predictably, the Patriot Act has been at the root of many of the most serious abuses of government spying powers. It was the Patriot Act the FBI relied on to vastly expand its use of “national security letters,” which the FBI now issues thousands of times every year to obtain information about innocent Americans who have no connection to terrorism. It was the Patriot Act the government relied on to conduct clandestine searches in investigations having nothing to do with terrorism. It was the Patriot Act the government invoked to permit the FBI to disregard the Fourth Amendment’s usual requirements – criminal probable cause, a particularized warrant – in ordinary law enforcement investigations. And it’s the Patriot Act the government is now using to justify the NSA’s call-records program.

Jump!

Apr 10 2015

John Oliver Takes on Surveillance Reform

The battle over citizens’ right to privacy and the government’s mass collection of private data that has nothing to do with protecting the country from terrorist attacks, is coming to a head on June 1. That’s when the Patriot Act’s section 215, the provision of the act that the NSA used to authorize its bulk telephone metadata collection program, must either be renewed by congress or it expires. The problem is the lack of interest by the American public. In an extended segment of his HBO program, “This Week Tonight,” John Oliver found a subject that might pique their interest, “dick pics.” He presented his idea to Edward Snowden in a one on one exclusive interview.

So why all the trouble? In theory, Snowden’s revelations are old, they have proven to be either inaccessible or not titillating enough for the American public, and Oliver already covered the issue himself on the show in an interview with former NSA chief General Keith Alexander less than a year ago.

As it turns out, Oliver wasn’t satisfied. Using the June 1 expiration of controversial sections of the Patriot Act as a peg, Oliver decided to revive the conversation anew by highlighting one specific aspect of the surveillance issue that a majority of Americans could relate to.

And Sunday’s final product is earning Oliver plaudits across the Internet. In the interview, Oliver accomplishes several feats. He’s not only funny (Snowden apparently misses eating Hot Pockets, the sodium vehicle of the American freezer section), but also incisive and tough. [..]

But most notably of all, Oliver might finally have pinpointed a way to make the debate about surveillance accessible to a wide audience. By honing on one aspect of the government surveillance, the capacity for intelligence agencies to access “dick pics,” he captures the attention and summons the outrage of numerous passersby in a filmed segment in Times Square. Many of those interviewed can’t properly identify Edward Snowden or don’t quite recall what he had done, but all recoil at the thought of government access to intimate photography.

Thanks to John’s interview and the above viral video, which at this posting has

4,723,977 views, the movement to end mass surveillance has new life.

Privacy advocates experienced a major setback in November when a surveillance reform bill, the FREEDOM Act, died in a Senate procedural vote. But now they’re back, and with a new, simple question for Americans – Can they see your junk?

Playing off Oliver’s hilarious skit, one privacy activist built cantheyseemydick.com, which breaks down how each NSA program could be used to access private communications. Despite its flippant tone, the website offers simple explanations of complex programs that are difficult to understand.

On a more serious note, a new coalition of privacy groups led by the Electronic Frontier Foundation (EFF) today launched the Fight 215 campaign calling for an end to the NSA’s bulk collection of Americans’ phone records.

EFF activist Nadia Kayyali told TechCrunch the organizations launched the campaign today because of the impending deadline, but they were very excited about the Last Week Tonight with John Oliver skit and the attention it has already brought to surveillance reform.

With this campaign, the privacy advocates have taken a direct stance, end the bulk collection of Americans’ telephone records. [..]

Even with the new public attention on surveillance reform, privacy advocates face an uphill battle in Congress. Although surveillance reform is an issue that does not fall squarely on party lines, reform efforts in the Democratic-controlled Senate last year were thwarted primarily by Republican votes. Now Republicans control both chambers of Congress.

As the June 1 deadline approaches, no one in Congress has laid out a comprehensive plan to address government surveillance this year. Kayyali attributes the lack of action on the Hill to uncertainty.

“I think a lot of people, including people who want to see good legislation passed, weren’t certain where to start from,” Kayyali said. “It’s hard to say what Congress is thinking.”

As members look to form that plan, Kayyali hopes the new campaign will send them a clear message.

EEF and thirty other civil liberties organizations have launched a call in campaign, Fight 215. They will help connect you to your representatives to tell them to end mass surveillance.

Call Congress Now

Urge them to end mass surveillance under the Patriot Act.

What to say

Hi,

I’m one of your constituents, and I’m calling to urge you to end the NSA’s unconstitutional mass surveillance under the Patriot Act.

NSA surveillance illegally invades my privacy, along with millions of other innocent people, without making me safer.

Ending phone record surveillance is the first step to reining in surveillance abuses by the NSA. The time to put pressure on congress is now.

 

Nov 21 2014

NSA Spying Reform Defeated by ISIS and GOP

The Senate was briefly in session this week where it took cloture votes on two note worthy bills. One to approve the Keystone XL pipeline and the second called the USA Freedom Act, would vaguely reform the NSA by limiting their ability to spy on Americans. Both bill failed.

Regardless of the denials by the Democratic leadership, the Keystone bill was brought to a vote in a vain attempt to save Louisiana’s Senator Mary Landrieu’s seat. While the Republicans would have bee gleeful of it had passed, the bill failed to reach cloture by one vote. The incoming leadership has vowed to bring it to the floor one more time.

The USA Freedom Act was another deal. Since the the likelihood this bill would never see the light of day in the next session, it was thought there were enough votes for cloture. There weren’t. It was roundly shouted down by Republicans because the Islamic state is coming to kill us.

NSA Reform Bill Dies As Republicans Hype Threats From Islamic State

Dan Froomkin, The Intercept

Supporters of the USA Freedom Act, including privacy groups and technology companies, had considered it an essential first step toward ending the NSA’s overreach. But Senate Minority Leader Mitch McConnell set the tone for the day in the morning, actively encouraging his caucus to block the measure, citing concerns that it would hurt the fight against such groups as the Islamic State. Republicans also took their cues from an op-ed in the Wall Street Journal, in which former CIA and NSA director Michael Hayden and former attorney general Michael Mukasey described the bill as NSA Reform That Only ISIS Could Love.

With Republicans taking control of the Senate in January, a vote during the current lame-duck session was widely considered the bill’s last, best shot.

The USA Freedom Act would have ended the government’s bulk collection of domestic phone records, forcing officials to make specific requests to phone companies. It would also have ended the law-enforcement monopoly on arguments before the secretive surveillance court by creating a role for a special advocate. And it would have required that significant court opinions be made public.

Writing for The Guardian, Trevor Timm thinks that the Republican may have shot themselves in the foot by opposing the bill:

But the Republicans – and NSA supporters everywhere – may have made a mistake that will come back to haunt them. They killed a measure that many reformers were holding their nose while supporting, and six month from now – by the middle of 2015 – they may have several even bigger fights on their hands. [..]

(T)he legislation Republicans just blocked also would have effectively shut down several promising lawsuits against the NSA in federal court and another case where National Security Letters were already ruled unconstitutional.

Now many of those cases, already in the appeals stage, may be decided within the next six months, and if the oral arguments are any indication, the US government may be in trouble. Indeed, the conservative justices may be willing to do more for your privacy than conservative lawmakers, as Judge Richard Leon proved last year when he ruled that the NSA’s phone surveillance program is likely unconstitutional.

But here’s the real reason the the USA Freedom Act’s failure could backfire on its biggest supporters: As I’ve mentioned before, Section 215 of the USA Patriot Act – the law that was re-interpreted in secret to allow for mass phone metadata surveillance in the first place – comes up for renewal next summer. It has to be reauthorized before June, or it will disappear completely.

And even though the Republicans will be in control next year, they won’t be able to pull the same stunts they did on Tuesday. Everyone knows getting “no” votes is a lot easier than getting a “yes”. And this time they’ll need 60 “yes” votes, plus the support of the House of Representatives, where we know already there are likely enough votes to kill an extension of the Patriot Act.

At the New York Times, Charles Savage found a little noticed provision in the Patriot Act that grandfathered on going investigations even if section 215 sunsets:

   The law says that Section 215, along with another section of the Patriot Act, expires on “June 1, 2015, except that former provisions continue in effect with respect to any particular foreign intelligence investigation that began before June 1, 2015, or with respect to any particular offense or potential offense that began or occurred before June 1, 2015.”

   Michael Davidson, who until his retirement in 2011 was the Senate Intelligence Committee’s top staff lawyer, said this meant that as long as there was an older counterterrorism investigation still open, the court could keep issuing Section 215 orders to phone companies indefinitely for that investigation.

   “It was always understood that no investigation should be different the day after the sunset than it was the day before,” Mr. Davidson said, adding: “There are important reasons for Congress to legislate on what, if any, program is now warranted. But considering the actual language of the sunset provision, no one should believe the present program will disappear solely because of the sunset.”

   Mr. Davidson said the widespread assumption by lawmakers and executive branch officials, as well as in news articles in The New York Times and elsewhere, that the program must lapse next summer without new legislation was incorrect.

   The exception is obscure because it was recorded as note accompanying Section 215; while still law, it does not receive its own listing in the United States Code. It was created by the original Patriot Act and was explicitly restated in a 2006 reauthorization bill, and then quietly carried forward in 2010 and in 2011.

While over at The Intercept, journalist and author, Glenn Greenwald found watching the Senate debate was “like watching a repeat of some hideously shallow TV show”. As he noted, congress is irrelevant on mass surveillance and points out what really matters:

The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court-the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy. [..]

In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from-are now coming from -very different places:

1) Individuals refusing to use internet services that compromise their privacy. The FBI and other U.S. government agencies, as well as the U.K. Government, are apoplectic over new products from Google and Apple that are embedded with strong encryption, precisely because they know that such protections, while far from perfect, are serious impediments to their power of mass surveillance. To make this observation does not mean, as some deeply confused people try to suggest, that one believes that Silicon Valley companies care in the slightest about people’s privacy rights and civil liberties. [..]

2) Other countries taking action against U.S. hegemony over the internet. Most people who claim nothing has changed from the Snowden disclosures are viewing the world jingoistically, with the U.S. the only venue that matters. But the real action has long been in other countries, acting individually and jointly to prevent U.S. domination of the internet. [..]

3) U.S. court proceedings. A U.S. federal judge already ruled that the NSA’s domestic bulk collection program likely violates the 4th Amendment, and in doing so, obliterated many of the government’s underlying justifications. Multiple cases are now on appeal, almost certainly headed to the Supreme Court. None of this was possible in the absence of Snowden disclosures. [..]

4) Greater individual demand for, and use of, encryption. In the immediate aftermath of the first Snowden reports, I was contacted by countless leading national security reporters in the U.S., who work with the largest media outlets, seeking an interview with Snowden. But there was a critical problem: despite working every day on highly sensitive matters, none of them knew anything about basic encryption methods, nor did their IT departments. Just a few short months later, well over 50 percent of the journalists who emailed me did so under the protection of PGP encryption. Today, if any journalist emails me without encryption, they do so apologetically and with embarrassment. [..]

The changes from the Snowden disclosures are found far from the Kabuki theater of the D.C. political class, and they are unquestionably significant. That does not mean the battle is inevitably won: The U.S. remains the most powerful government on earth, has all sorts of ways to continue to induce the complicity of big Silicon Valley firms, and is not going to cede dominion over the internet easily. But the battle is underway and the forces of reform are formidable-not because of anything the U.S. congress is doing, but despite it.

The USA Freedom Act would have made little difference to the unlawful NSA. What matters now is what the courts and we do to preserve our rights.

Feb 19 2014

Snowden’s Lawyer Interrogated in UK

It should not come as a surprise that Jesselyn Radack, a human rights advocate, whistleblower group member and lawyer to former NSA contractor Edward Snowden was detained and interrogated when she arrived at London’s Heathrow Airport. Firedoglake’s KEvin Gosztola spoke with Ms. Radack after the incident which she described as “very hostile.”

As Radack recalled, she was asked why she was here. “To see friends,” she answered. “Who will you be seeing?” She answered, “A group called Sam Adams Associates.”

The agent wanted to know who was in the group. “Ray McGovern, Annie Machon, Thomas Drake, Craig Murray,” she answered. She said she is part of the group as well.

“Where will you meet?” Radack answered, “At the Ecuadorian Embassy.” Then, the agent asked, “With Julian Assange?” Radack said yes.

The interrogation continued, “Why have you gone to Russia twice in three months?” Radack said she had a client in the country. “Who?” She answered, “Edward Snowden.”

“Who is Edward Snowden?” asked the agent. Radack said he is a whistleblower and an asylee. Then, the agent asked, “Who is Bradley Manning?” To this, she answered, “A whistleblower.”

For whatever reason, the agent asked, “Where is he?” “In jail,” Radack told the agent. (Now, she is known as Chelsea Manning.)

The agent said, “So he’s a criminal?” Radack corrected the agent, “He’s a political prisoner.” The agent asked if she represented Manning and she said no. Then he followed up, “But you represent Snowden?” She replied, “Yes, I’m a human rights lawyer.”

NSA whistleblower Thomas Drake, who was traveling with her, witnessed the questioning, said the border agent had a “threatening demeanor.” Ms. Raddack was informed by the agent that she has been placed on US Department of Homeland Security “inhibited persons list” which was created in March of 2012 as an effort to impose US laws on the rest of the world. The United Kingdom agreed to the new rules to provide information to the DHS even if the passenger of all nationalities, is not traveling to the US.

Ms. Radack told RT News about the humiliating ordeal and her concerns:

“Clearly any kind of line of questioning into the details of my work and specific clients is beyond the ambit of what any normal customs official would ask,” Radack told RT.

“I feel like lawyers and journalists are now beginning to be targeted at the borders of countries in the Western Hemisphere, in so-called democratic countries.It’s a threat to press freedoms when journalists are questioned. And it’s a threat to the integrity of the judicial system when attorney who are working on someone’s case are being harassed or intimidated on the basis of who they represent.” [..]

Following the ordeal at Heathrow, Radack came out with a public statement denouncing the whole practice and the harassment it often entails: “The government, whether in the US, UK or elsewhere does not have the authority to monitor, harass or intimidate lawyers for representing unpopular clients.” [..]

Radack once told RT that despite the fact that “it’s a dangerous time for whistleblowers in the US,” Snowden’s revelations have had a big effect as “courage is contagious.” She added that “I really think [Snowden] has had a wonderful effect [on] the US and the world.”

Ms. Radack spoke with Democracy Now!‘s Amy Goodman from London.



Transcript can be read here

The US and the UK have evolved into fascist states something thath they fought against in 1940.

Jan 18 2014

Greenwald: NSA Reforms Just a Bad PR Campaign

Journalist and constitutional lawyer Glenn Greenwald and  the executive director of the American Civil Liberties Union Anthony D Romero discussed President Barack Obama’s new NSA “reforms” with Alex Wagner, the host of MSNBC’s “Now.”

Obama’s NSA ‘reforms’ are little more than a PR attempt to mollify the public

By Glenn Greenwald, The Guardian

Obama is draping the banner of change over the NSA status quo. Bulk surveillance that caused such outrage will remain in place

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America’s most significant political scandals. Predictably, it is the same one that shaped President Obama’s much-heralded Friday speech to announce his proposals for “reforming” the National Security Agency in the wake of seven months of intense worldwide controversy.

The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are “serious questions that have been raised”. They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic “reforms” so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge. [..]

Today’s speech should be seen as the first step, not the last, on the road to restoring privacy. The causes that drove Obama to give this speech need to be, and will be, stoked and nurtured further until it becomes clear to official Washington that, this time around, cosmetic gestures are plainly inadequate.

Here is the press release from the ACLU commenting on the President’s NSA speech:

January 17, 2014

FOR IMMEDIATE RELEASE

CONTACT: media@aclu.org

WASHINGTON – President Obama today announced changes to some aspects of the NSA’s surveillance programs and left others in place. Anthony D. Romero, the executive director of the American Civil Liberties Union, had this reaction:

“The president’s speech outlined several developments which we welcome. Increased transparency for the Foreign Intelligence Surveillance Court, improved checks and balances at the FISA court through the creation of a panel of advocates, and increased privacy protections for non-U.S. citizens abroad – the first such assertion by a U.S. president – are all necessary and welcome reforms.

“However, the president’s decision not to end bulk collection and retention of all Americans’ data remains highly troubling. The president outlined a process to study the issue further and appears open to alternatives. But the president should end – not mend – the government’s collection and retention of all law-abiding Americans’ data. When the government collects and stores every American’s phone call data, it is engaging in a textbook example of an ‘unreasonable search’ that violates the Constitution. The president’s own review panel recommended that bulk data collection be ended, and the president should accept that recommendation in its entirety.”

A new chart comparing the ACLU’s proposals, President Obama’s announcement, and the USA FREEDOM Act (a bipartisan bill currently pending in Congress) is at: aclu.org/national-security/where-does-president-stand-nsa-reform

ACLU Action is demanding an end to dragnet surveillance at: aclu.org/endsurveillance

Jan 17 2014

The President Flops on NSA Reform

President Barack Obama once again fell short of taking any meaningful action on reining in the NSA surveillance programs or assuring that American’s right to privacy under the Fourth Amendment be protected. He made one of his predictable speeches that attempted to placate both critics and defenders, failing to actually do anything significant, all the while lecturing the public on history and expressing his offense that anyone would think that he had done an inadequate job or had enabled surveillance state policies. FDL’s Kevin Gosztola contrasted today’s speech with NSA director Gen. Keith Alexander’s statements to Congress and his inaugural address last year:

The narrative that Obama promoted in the part of his speech building up to announcement of reforms was starkly similar to what NSA director Gen. Keith Alexander has said when addressing members of Congress at hearings held in the aftermath of Snowden’s first disclosures. The narrative he used should make Americans even more skeptical of how substantive the changes to surveillance will be. [..]

One might remember that just about one year ago Obama gave an inaugural speech after his re-election where he said a “decade of war is now ending” and later described how Americans believe there is no need for “perpetual war.” But the very premise of Obama’s speech involved a demand to recognize the value of militarized surveillance and this militarization keeps the US on a permanent war footing putting civil liberties of Americans at risk so long as this footing is maintained.

Since there were such low expectations, Mike Masnick at Techdirt thought the announced reforms were more significant than expected but stopped short of fixing the actual problems:

  • A judge will have to approve each query for data on the metadata collection from Section 215 of the PATRIOT Act.
  • The “three hop” dragnet will be reduced down to two hops. That does, in fact, limit how far the NSA can search by quite a bit. That last hop is quite big.
  • The NSA should no longer hold all of the data, meaning that the telcos will be expected to hold onto it (though, he leaves it up to Congress and the DOJ to figure out how to do this). He calls this a “transition” away from the Section 215 program, but that’s hardly clear.
  • National Security Letters (NSLs) will no longer have an unlimited gag order on them. The Attorney General will need to set up guidelines for a time in which gag orders expire, with the possibility of extending them for investigations that are still ongoing.
  • Companies will be given slightly more freedom to reveal data on the NSLs they get (though I don’t think he indicated the same thing for Section 702 orders…. which is a big concern).
  • The Attorney General and the Director of National Intelligence will review annually FISC rulings to figure out what can be declassified.
  • He promises to “work with Congress” to look at changes to the FISA court
  • He is adding some very limited restrictions on spying on people overseas. It should only be used for actual counterterrorism/crime/military/real national security efforts.
  • A State Department official will be in charge of handling “diplomacy issues” related to these changes on foreign spying.
  • An effort will be started with technologists and privacy experts over how to handle “big data and privacy” in both the public and private sectors.

Marcy Wheeler at emptywheel addressed what the president does not consider abuse:

  • The NSA spied on the porn and phone sex habits of ideological opponents, including those with no significant ties to extremists, and including a US person.
  • According to the NSA in 2009, it had a program similar to Project Minaret – the tracking of anti-war opponents in the 1970s – in which it spied on people in the US in the guise of counterterrorism without approval. We still don’t have details of this abuse.
  • When the NSA got FISC approval for the Internet (2004) and phone (2006) dragnets, NSA did not turn off features of Bush’s illegal program that did not comply with the FISC authorization. These abuses continued until 2009 (one of them, the collection of Internet metadata that qualified as content, continued even after 2004 identification of those abuses).
  • Even after the FISC spent 9 months reining in some of this abuse, the NSA continued to ignore limits on disseminating US person data. Similarly, the NSA and FBI never complied with PATRIOT Act requirements to develop minimization procedures for the Section 215 program (in part, probably, because NSA’s role in the phone dragnet would violate any compliant minimization procedures).
  • The NSA has twice – in 2009 and 2011 – admitted to collecting US person content in the United States in bulk after having done so for years. It tried to claim (and still claims publicly in spite of legal rulings to the contrary) this US person content did not count as intentionally-collected US person content (FISC disagreed both times), and has succeeded in continuing some of it by refusing to count it, so it can claim it doesn’t know it is happening.
  • As recently as spring 2012, 9% of the NSA’s violations involved analysts breaking standard operating procedures they know. NSA doesn’t report these as willful violations, however, because they’ve deemed any rule-breaking in pursuit of “the mission” not to be willful violations.
  • In 2008, Congress passed a law allowing bulk collection of foreign-targeted content in the US, Section 702, to end the NSA’s practice of stealing Internet company data from telecom cables. Yet in spite of having a legal way to acquire such data, the NSA (through GCHQ) continues to steal data from some of the same companies, this time overseas, from their own cables. Arguably this is a violation of Section 702 of FISA.
  • NSA may intentionally collect US person content (including Internet metadata that legally qualifies as content) overseas (it won’t count this data, so we don’t know how systematic it is). If it does, it may be a violation of Section 703 of FISA.

No, Mr. President, this is not enough.

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