Tag: surveillance

If you have nothing to hide, you have nothing to fear.

America is a wonderful place where everyone is caring, competent, conscientious and above average.

America’s law enforcement agencies have never gotten the wrong guy.

A mistaken identity arrest occurs almost every day, said policing experts and officials at the National Association of Criminal Defense Lawyers.

America’s courts have never convicted the wrong person, and certainly no innocent person has ever gone to jail in America.

Freddie Peacock of Rochester, New York, was convicted of rape in 1976. Last week he became the 250th person to be exonerated by DNA testing since 1989. According to a new report by the Innocence Project, those 250 prisoners served 3,160 years between them; 17 spent time on death row. Remarkably, 67 percent of them were convicted after 2000-a decade after the onset of modern DNA testing. The glaring question here is, How many more are there?

 

Why, our American anti-terrorist infrastructure is virtually infallible in choosing whom to single out for investigation and actions which challenge their rights to participate in our society.

The meeting had all the hallmarks of an ordinary Congressional hearing. There was Senator Edward M. Kennedy, Democrat of Massachusetts, discussing the problems faced by ordinary citizens mistakenly placed on terrorist watch lists. Then, to the astonishment of the crowd attending a Senate Judiciary Committee hearing on Thursday, Mr. Kennedy offered himself up as Exhibit A.

Between March 1 and April 6, airline agents tried to block Mr. Kennedy from boarding airplanes on five occasions because his name resembled an alias used by a suspected terrorist who had been barred from flying on airlines in the United States, his aides and government officials said.

Instead of acknowledging the craggy-faced, silver-haired septuagenarian as the Congressional leader whose face has flashed across the nation’s television sets for decades, the airline agents acted as if they had stumbled across a fanatic who might blow up an American airplane. Mr. Kennedy said they refused to give him his ticket.

“He said, ‘We can’t give it to you,’ ” Mr. Kennedy said, describing an encounter with an airline agent to the rapt audience. ” ‘You can’t buy a ticket to go on the airline to Boston.’ I said, ‘Well, why not?’ He said, ‘We can’t tell you.’ “

Individuals working for law enforcement have never abused their authority and knowingly sought to obtain punishment or leverage over another person for political reasons.

Hoping to prove the Rev. Martin Luther King Jr. was under the influence of Communists, the FBI kept the civil rights leader under constant surveillance.

The agency’s hidden tape recorders turned up almost nothing about communism.

But they did reveal embarrassing details about King’s sex life — details the FBI was able to use against him.

The almost fanatical zeal with which the FBI pursued King is disclosed in tens of thousands of FBI memos from the 1960s. …

When King learned he would be the recipient of the Nobel Peace Prize in 1964, the FBI decided to take its harassment of King one step further, sending him an insulting and threatening note anonymously. A draft was found in the FBI files years later. In it the FBI wrote, “You are a colossal fraud and an evil, vicious one at that.” The letter went on to say, “The American public … will know you for what you are — an evil, abnormal beast,” and “Satan could not do more.”

The letter’s threat was ominous, if not specific: “King you are done.” Some have theorized the intent of the letter was to drive King to commit suicide in order to avoid personal embarrassment. “King, there is only one thing left for you to do,” the letter concluded. “You know what it is … You better take it before your filthy, abnormal fraudulent self is bared to the nation.”

Individuals working for law enforcement have never abused their access to digital materials for any reason.

Despite pledges by President George W. Bush and American intelligence officials to the contrary, hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia. …

“These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones,” said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA’s Back Hall at Fort Gordon from November 2001 to 2003.

She said US military officers, American journalists and American aid workers were routinely intercepted and “collected on” as they called their offices or homes in the United States. …

Faulk says he and others in his section of the NSA facility at Fort Gordon routinely shared salacious or tantalizing phone calls that had been intercepted, alerting office mates to certain time codes of “cuts” that were available on each operator’s computer.

“Hey, check this out,” Faulk says he would be told, “there’s good phone sex or there’s some pillow talk, pull up this call, it’s really funny, go check it out.

America has never prosecuted Americans under the Espionage Act for political reasons.

The impassioned speeches of labor organizer, Socialist leader and five-time presidential candidate Eugene V. Debs were nothing short of evangelical in tone and effect. (He once called socialism “merely Christianity in action.”) Debs inspired groups large and small, and his remarkable charisma is what most concerned the powers that were. …

According to historian Ernest Freeberg, it was precisely Debs’ virtuosity that forced America to grapple with the limits of dissent. In 1918, Debs was convicted under the recently minted Espionage Act for questioning America’s entry into World War I. …

“People should go ahead and obey the law, keep their mouths shut, and let the government run the war.” Supreme Court Justice Oliver Wendell Holmes Jr. dismissed criticism of the court’s unanimous ruling against Debs as “a lot of jaw about free speech.”

Don’t worry. Be happy.

Average American citizens have never been targeted inappropriately by the government using authorities intended to combat terrorism

Documents released today by the American Civil Liberties Union reveal new details of Pentagon surveillance of Americans opposed to the Iraq war, including Quakers and student groups. The documents show that the Pentagon was keeping tabs on non-violent protesters by collecting information and storing it in a military anti-terrorism database.

President Obama’s got your back.

President Obama would never allow average American citizens going about their business of participating in American politics to be targeted as terrorist enemies.  

A Department of Homeland Security division produced daily briefings on “peaceful activist demonstrations” during the height of the Occupy Wall Street protests, documents released Tuesday revealed.

The 252 pages of documents were obtained in a March 14 letter from DHS by the Partnership for Civil Justice Fund, which in November 2011 launched a campaign to unearth public records that would show whether the federal government was spying on Occupy Wall Street. FBI records obtained by the group in December showed that the bureau investigated Occupy as a potential “domestic terrorism” threat.

“Taken together, the two sets of documents paint a disturbing picture of federal law enforcement agencies using their vast power in a systematic effort to surveil and disrupt peaceful demonstrations,” Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund, said in a statement. “The federal agencies’ actions were not because Occupy represented a ‘terrorist threat’ or a ‘criminal threat,’ but rather because it posed a significant grassroots political challenge to the status quo.”

Even Spying Is a Private Industry

Like much of our government, spying has been privatized. 70% of surveillance is done by private companies that translates to $6 billion dollars with a half a million employees.

Meet the contractors analyzing your private data

by Tim Shorrock

Private companies are getting rich probing your personal information for the government. Call it Digital Blackwater

Amid the torrent of stories about the shocking new revelations about the National Security Agency, few have bothered to ask a central question. Who’s actually doing the work of analyzing all the data, metadata and personal information pouring into the agency from Verizon and nine key Internet service providers for its ever-expanding surveillance of American citizens?

Digital Blackwater: How the NSA Gives Private Contractors Control of the Surveillance State

Over the past decade, the U.S. intelligence community has relied increasingly on the technical expertise of private firms such as Booz Allen, SAIC, the Boeing subsidiary Narus and Northrop Grumman. About 70 percent of the national intelligence budget is now spent on the private sector. Former NSA Director Michael V. Hayden has described these firms as a quote “digital Blackwater.” We speak to Tim Shorrock, author of the book “Spies for Hire: The Secret World of Outsourced Intelligence.”

CNN compares protesters to terrorist insurgents; Feds scare up reason to use drones for conventions

For the first time (that we know of) drones will be used for a political convention for “intelligence, surveillance and reconnaissance to government agencies”.  “Wraiths” will also be used, ground-based robots that can be armed with lethal or non-lethal weapons.  The manufacturer of these vehicles has crosshairs and a skeleton as their logo.

A bulletin was issued jointly by the FBI and the Department of Homeland Security on August 21st, warning law enforcement agencies about anarchist extremists and the report uses words and imagery that are usually reserved for terrorist insurgents.  They invited the media to learn about their operations control center at an “undisclosed location” and today the fearmongering and demonization of “anarchist extremists”  is blazing across the airwaves along with news about the drones that will be used.

CNN did a video report that is particularly egregious as it quotes from the report saying that the extremist anarchist protesters might use IEDs, and they explain that IEDs are the things used by terrorist insurgents in Afghanistan.  They generously supply video clips of an explosion in Afghanistan and another one that is a military vehicle being blown up, with the shoulder of a soldier in camo coming into the view of the camera at the end.  While the report explains that not all protesters are expected to be violent, CNN adds some video footage of Occupy Wall Street protesters chanting “this is what democracy looks like” and just in case you didn’t make the connection, they throw in some people in Guy Fawkes masks from some supposed Anonymous videos about the convention.  The words and imagery used by the media and the government are meant to cause conflation of Occupy Wall Street protesters and terrorists, in my opinion, and to preemptively justify the excessive use of force during the upcoming conventions and extreme use of militaristic equipment.

The report also mentions that law enforcement should look out for anarchists who might be doing weapons training or buying explosives and they mention that they have used the internet for research and organization in the past.  In the CNN video though, they say that the feds told them they are not watching any particular anarchists.  No.  And then after all of that fearmongering and set up, they say that no specific threats have been made.

It’s funny that the FBI/DHS waited until six days before the RNC convention to issue this warning, isn’t it?  This report was made for the media, in my opinion.  

Guilty For Being Muslim

It has been known since last Summer that the New York City Police Department has has an intelligence unit coached by, and in conjunction with, the CIA which focuses on the Muslim community. This is being done even tough the CIA is prohibited from spying domestically on Americans. It was revealed in an Associated Press report that besides targeting Muslim communities, mosques and businesses inside the five boroughs, the surveillance has extended to Newark, New Jersey] (pdf) and Long Island (pdf).

The NYPD has been dispatching undercover officers called “rakers,” into minority neighborhoods to monitor daily life in bookstores, bars and other local common places, reported The Associated Press, citing a “months-long” investigation. Informants called “mosque crawlers,” monitored sermons and imams. Intelligence officers reportedly also gathered information on cab drivers and food cart vendors. [..]

The AP also reported that the NYPD operates far outside its borders in New Jersey and surrounding regions and targets ethnic communities, mainly Muslims, in specific ways that no federal agency could without violating civil liberty laws.

In October the New York Civil Liberties Union (NYCLU) filed a motion challenging the partnership in court to determine whether the spying operations violates an existing court order from 1971, revised in 2003, that restricted the NYPD’s ability to conduct surveillance targeting political and religious activity.

“The NYPD’s reported surveillance of local Muslim communities raises serious questions concerning whether the Police Department has violated court-ordered restrictions on its ability to spy on and keep dossiers on individuals,” said NYCLU Legal Director Arthur Eisenberg. “In order to know whether the NYPD is violating the court order, we need a more complete explanation of the NYPD’s surveillance practices.”

The NYPD has an ugly history of racial profiling in black and Hispanic communities:

In 2010 alone, the NYPD engaged in more than 600,000 stop-and-frisks searches; 84% of those stopped were of black or Latino. Time and again, police officers have used force when stopping blacks or Latinos. Half of these stops have been cited as “furtive movements”, a label that portrays black and brown people as clandestine. The stop-and-frisk widespread problem that is racially discriminatory under the ostensible excuse that the practice is necessary in fighting crime. Sadly, this procedure has not proved to reduce crime or make the city any safer.

The department has gone as far as monitoring Muslims who change their names

The NYPD monitors everyone in the city who changes his or her name, according to internal police documents and interviews. For those whose names sound Arabic or might be from Muslim countries, police run comprehensive background checks that include reviewing travel records, criminal histories, business licenses and immigration documents. All this is recorded in police databases for supervisors, who review the names and select a handful of people for police to visit.

The program was conceived as a tripwire for police in the difficult hunt for homegrown terrorists, where there are no widely agreed upon warning signs. Like other NYPD intelligence programs created in the past decade, this one involved monitoring behavior protected by the First Amendment.

Earlier this week, AP reported that the NYPD had monitored Muslim students all over the Northeast:

One autumn morning in Buffalo, N.Y., a college student named Adeela Khan logged into her email and found a message announcing an upcoming Islamic conference in Toronto.

Khan clicked “forward,” sent it to a group of fellow Muslims at the University at Buffalo, and promptly forgot about it.

But that simple act on Nov. 9, 2006, was enough to arouse the suspicion of an intelligence analyst at the New York Police Department, 300 miles away, who combed through her post and put her name in an official report. Marked “SECRET” in large red letters, the document went all the way to Commissioner Raymond Kelly’s office. [..]

Police trawled daily through student websites run by Muslim student groups at Yale, the University of Pennsylvania, Rutgers and 13 other colleges in the Northeast. They talked with local authorities about professors in Buffalo and even sent an undercover agent on a whitewater rafting trip, where he recorded students’ names and noted in police intelligence files how many times they prayed. [..]

Though the NYPD says it follows the same rules as the FBI, some of the NYPD’s activities go beyond what the FBI is allowed to do.

Kelly and New York City Mayor Michael Bloomberg repeatedly have said that the police only follow legitimate leads about suspected criminal activity.

But the latest documents mention no wrongdoing by any students.

Glen Greenwald rightfully notes the “hallmark of a Surveillance State is that police agencies secretly monitor and keep dossiers on not only those individuals suspected of lawbreaking, but on the society generally, including those individuals about whom there is no suspicion of wrongdoing.” and he calls out the blatant lies of Mayor Michael Bloomberg:

New York Mayor Michael Bloomberg has long claimed – preposterously – that the NYPD does not target communities for survillence based on their religion, but as AP notes:  “In one section of the  report, police wrote that the largest immigrant groups in Newark were from Portugal and Brazil. But they did not photograph businesses or churches for those groups.” That’s because “‘No Muslim component within these communities was identified,‘ police wrote.” In the wake of this latest evidence, Bloomberg seemed to abandon that denial, shifting instead to justification: “The police department goes where there are allegations. And they look to see whether those allegations are true,” said the Mayor. “That’s what you’d expect them to do. That’s what you’d want them to do. Remind yourself when you turn out the light tonight.”

No, Mr. Bloomberg, you do not make us safer by violating our rights and the laws of this country. This is not the sign of a healthy society, as Glenn concludes:

the essential expression of the American Surveillance State: we can and will know everything about what you do, and you will know virtually nothing about what we do. In a healthy society, that formula would be reversed: the citizenry (with rare exceptions) would know most everything about what their government does, while the government would know nothing about what citizens do in the absence of well-grounded suspicion that they have done something wrong. Yet here we have the NYPD wandering outside of its jurisdiction in order to spy on the innocuous activities of a community of a religious minority (not even the Newark Mayor was informed about this), and the most disturbing part of it all is how common it now is.

Somebody needs to rein in Mayor Bloomberg and the NYPD.

SCOTUS Unanimous On Privacy Rights Of Citizens

This morning the Supreme Court handed down a 9 – 0 decision on the 4th Amendment and privacy right ruling that police must obtain a warrant before they can place GPS device on a person’s vehicle. The ruling in United States v. Jones upholds a citizen’s right to privacy and smacks down the Obama administrations defense of unlimited surveillance. The ruling overturns the drug conviction of Antoine Jones that used information from a GPS device that was placed on his vehicle without a warrant.

Justices Say GPS Tracker Violated Privacy Rights

WASHINGTON – The Supreme Court on Monday unanimously ruled that the police violated the Constitution when they placed a Global Positioning System tracking device on a suspect’s car and monitored its movements for 28 days.

But the justices divided 5-to-4 on the rationale for the decision, with the majority saying that the problem was the placement of the device on private property. That ruling avoided many difficult questions, including how to treat information gathered from devices installed by the manufacturer and how to treat information held by third parties like cellphone companies. [..]

Though the ruling was limited to physical intrusions, the opinions in the case collectively suggested that a majority of the justices are prepared to apply broad Fourth Amendment privacy principles unrelated to such intrusions to an array of modern technologies, including video surveillance in public places, automatic toll collection systems on highways, devices that allow motorists to signal for roadside assistance and records kept by online merchants.

The Obama administration had argued that under a 1983 ruling the police had the right to place the device:

One of the Obama administration’s main arguments in support of warrantless GPS tracking was the high court’s 1983 decision in United States v. Knotts, in which the justices ruled it was OK for the government to use beepers known as “bird dogs” to track a suspect’s vehicle without a warrant. In that case, the police had the consent of that truck’s owner, which was not the case in the opinion decided Monday, Scalia wrote.

Law Professor Jonathan Turley provides broader discussion of the two opinions that were written by Justices Samuel Alito and Anton Scalia. Scalia’s opinion prevailed with Justices Anthony M. Kennedy, Clarence Thomas and Sonia Sotomayor concurring.

Also Jeralyn E. Merritt of TalkLeft points out a question that was not addressed:

Whether the electronic surveillance, if achieved without having to physically trespass on Jones’s property, would have been “an unconstitutional invasion of privacy.”

Reclaiming Our Democracy (Part I of II): Miliary Democracy

“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.

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