Tag: Justice

Comey Set To Be Confirmed

If anyone, at this point, thinks that President Barack Obama would a change from the Bush administration, his nomination of James Comey to be FBI Director should be proof that any change from the past was a delusion. Besides his record of approving torture, indefinite detention and warrantless wiretapping, at his confirmation hearing Comey defended current US surveillance practices.

James Comey defends US surveillance practices at FBI confirmation hearing

by Spencer Ackerman, The Guardian

Former deputy attorney general who famously rebelled against warrantless spying in 2004 declines to criticise current policy

James Comey, the former US deputy attorney general, said Tuesday that the secret surveillance court that approves wiretapping requests is “anything but a rubber stamp”, even though the so-called Fisa court approves nearly every surveillance request by the government.

“I think folks don’t understand that the FBI operates under a wide variety of constraints,” Comey testified during his confirmation hearing to succeed Robert Mueller as the second director of the bureau since 9/11. The combination of the Fisa court, investigative guidelines from the US attorney general, congressional scrutiny and internal inspectors general are “very effective” at checking FBI abuse, Comey argued.[..]

But Comey declined to criticize the broad, ongoing collection of the phone records when senators asked if they should be scaled back.

Having been out of government since 2005, Comey said that he was “not familiar with the details of the current programs” and did not wish to opine on them. “I do know, as a general matter, the collection and analysis of metadata is a valuable tool in counter-terrorism.”

When questioned about the use of drones, Comey said he did not think drones should be used to kill US citizens in America, but left the door open for cases of “imminent threats.” The precise definition of what circumstances would constitute an “imminent thread” were left unanswered.

Former FBI agent, Colleen Crowley, who was a division legal counsel for 13 years and taught constitutional rights to FBI agents and police, joined Amy Goodman and Nermeen Shaikh on Democracy Now! to discuss Comey’s testimony and inevitable confirmation.



Transcript can be read here

At his confirmation hearing to head the FBI, former Bush administration Deputy Attorney General James Comey refused to criticize the broad, ongoing collection of the phone records of Americans and defended the indefinite detention of U.S. citizens deemed to be enemy combatants. Comey also explained why he signed off on a memo authorizing waterboarding while serving under Attorney General John Ashcroft. We get reaction from former special FBI agent Coleen Rowley, who served with the Bureau from 1981 to 2004. The New York Times just published her op-ed titled “Questions for the FBI Nominee.” In 2002, Time magazine named her and two other female whistleblowers as Time’s “Person of the Year,” for warning about the FBI’s failure to help prevent the 9/11 attacks.

What digbt said: What do you have to do to not be eligible for promotion in official Washington?

I’ve always thought it was a mistake for the administration not to pursue prosecutions for the torture regime. It seems like a bad idea for a powerful nation to ignore war crimes. You have to assume that it could blow back on it some time in the future. But since we now know that the presidency is largely a ceremonial position without any power to shape the debate, affect legislation or influence the military industrial complex, it’s clearly awfully tough to do anything at all. Best stick to nice pictures with foreign leaders and leave it at that.

However, even those who view the office as nothing more than a symbol of leadership would have to grant that the president surely has the discretion not to promote the people who signed off on the war crimes.

Comey’s Torture Advocacy Questioned

Try as President Barack Obama and Attorney General Eric Holder might to denounce torture their actions with the last round of nominees and appointments to crucial positions speak louder than their words. First is was John Brennan to head the CIA, whose dubious record during the Bush/Cheney regime on torture and covering up war crimes was glossed over by Obama. Then there is Director of National Intelligence James Clapper, an inveterate liar who has a memory problem as well, “I forgot the Patriot Act.” Really? Clapper also served as an executive for Booz Allen Hamilton, a private security company contracted to gather data for the NSA, who employed Edward Snowden.

Now, the director of the Federal Bureau of Investigations (FBI) Robert Mueller is retiring and who does Obama choose to replace him? Another Bush crony, James B. Comey, who served as deputy attorney general from 2003 to 2005. Comey, as has been hammered by the Obama administration supporters, blocked, along with Mueller, the Bush administration’s attempt to renew a still secret and illegal surveillance program on Americans’ electronic communications. That incident is only part of Comey’s record at DOJ which includes his support of torture, warrantless wiretapping, and indefinite detention. In her article at The Guardian, Laura Murphy reviews Comey stands on these issues and questions just what illegal surveillance program did Comey oppose so much he would resign over it?

On Torture

On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure”. The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.

In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law. [..]

On Warrantless Wiretapping

While, to his credit, (Comey) he immediately began raising concerns (pdf), the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey’s hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department’s Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with (pdf).

This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to.

On Indefinite Detention

The final stain on Comey’s record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him

In a letter to Comey, two Democratic senators, Senators Richard J. Durbin of Illinois and Sheldon Whitehouse of Rhode Island, expressed concern on Wednesday about Mr. Comey’s views on waterboarding and his role in approving “enhanced interrogation techniques” while at the Justice Department in the George W. Bush administration. They are asking Comey to explain his e-mail of April, 2005, where he gave his approval of 13 interrogation techniques that included waterboarding.

. . Mr. Comey gave his assent to a Justice Department legal opinion that authorized the C.I.A. to use 13 interrogation methods, including waterboarding and up to 180 hours of sleep deprivation. The opinion “was ready to go out and I concurred,” Mr. Comey wrote to a colleague in an April 27, 2005, e-mail message obtained by The New York Times.

But he said in the e-mail that he disagreed with another legal opinion addressing the “combined effects” of the harsh methods, suggesting that their use in combination might be illegal. He recorded his views in e-mails to Chuck Rosenberg, then his chief of staff, as if deliberately creating a record in case his position might become relevant to his record in the future, as it has.

Appointing Comey to head the FBI is a another slap in the face to voters to whom Mr. Obama promised that he would end the Bush era abuses. Instead, Mr. Obama and his appointees not only continued these programs but covered up the wrong doing of the past, reinforcing and expanding the abuses.

This is what Barack believes.

NSA Whistleblower Comes Out of the Shadows

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.

Edward Snowden: the whistleblower behind the NSA surveillance revelations

by Glenn Greenwald, Ewen MacAskill and Laura Poitras, The Guardian

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.

They Did Torture and They Should Be Prosecuted

While we were mostly fixed on the aftermath of explosion at the Boston Marathon, a non-partisan 11-member panel, that had been convened by the  legal research and advocacy group, Constitution Project to look into the treatment of detainees after 9/11, released a 577 page report (pdf) on Tuesday.

The report relying solely on public records, interviews with detainees, military officers and interrogators, concluded that “it is indisputable that the United States engaged in the practice of torture” under the Bush administration:

The use of torture, the report concludes, has “no justification” and “damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.” The task force found “no firm or persuasive evidence” that these interrogation methods produced valuable information that could not have been obtained by other means. While “a person subjected to torture might well divulge useful information,” much of the information obtained by force was not reliable, the report says.

At emptywheel, Marcy Wheeler points out the report contains a “number of errors, repetition of dangerous misinformation, and incomplete reporting” but it is still important and comprehensive and its conclusion valuable:

Because even this cautious, bipartisan, institutionalist report concludes the following (among other findings):

   Finding #1: U.S. forces, in many instances, used interrogation techniques on detainees that constitute torture. American personnel conducted an even larger number of interrogations that involved “cruel, inhuman, or degrading” treatment. Both categories of actions violate U.S. laws and international treaties. Such conduct was directly counter to values of the Constitution and our nation.

   Finding #2: The nation’s most senior officials, through some of their actions and failures to act in the months and years immediately following the September 11 attacks, bear ultimate responsibility for allowing and contributing to the spread of illegal and improper interrogation techniques used by some U.S. personnel on detainees in several theaters. Responsibility also falls on other government officials and certain military leaders.

   Finding #3: There is no firm or persuasive evidence that the widespread use of harsh interrogation techniques by U.S. forces produced significant information of value. There is substantial evidence that much of the information adduced from the use of such techniques was not useful or reliable.

   Finding #16: For detainee hunger strikers, DOD operating procedures called for practices and actions by medical professionals that were contrary to established medical and professional ethical standards, including improper coercive involuntary feedings early in the course of hunger strikes that, when resisted, were accomplished by physically forced nasogastric tube feedings of detainees who were completely restrained.

   Finding #19: The high level of secrecy surrounding the rendition and torture of detainees since September 11 cannot continue to be justified on the basis of national security.

   Finding #21: The Convention Against Torture requires each state party to “[c]riminalize all acts of torture, attempts to commit torture, or complicity or participation in torture,” and “proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” The United States cannot be said to have complied with this requirement.

The panel was formed after Pres. Barack Obama decided in 2009 not to support a national commission to investigate the post-9/11 counterterrorism programs, as proposed by Senator Patrick J. Leahy (D-VT) and others. “Look forward, not backward”, the president said. included former Senator Asa Hutchinson (R-AL), who served in President George W. Bush’s administration from 2003-2005 as the Under Secretary for Border and Transportation Security in the Department of Homeland Security, and former Representative James Jones (D-OK) who served as the U.S. Ambassador to Mexico from 1993-1997.  Among the other members were a three-star general and former president of the American Bar Association.

Significantly the New York Times article notes this:

The United States is a signatory to the International Convention Against Torture, which requires the prompt investigation of allegations of torture and the compensation of its victims. [..]

While the Constitution Project report covers mainly the Bush years, it is critical of some Obama administration policies, especially what it calls excessive secrecy. It says that keeping the details of rendition and torture from the public “cannot continue to be justified on the basis of national security” and urges the administration to stop citing state secrets to block lawsuits by former detainees. [..]

The core of the report, however, may be an appendix: a detailed 22-page legal and historical analysis that explains why the task force concluded that what the United States did was torture. It offers dozens of legal cases in which similar treatment was prosecuted in the United States or denounced as torture by American officials when used by other countries.

The report compares the torture of detainees to the internment of Japanese Americans during World War II. “What was once generally taken to be understandable and justifiable behavior,” the report says, “can later become a case of historical regret.”

Laura Pitter, counterterrorism adviser at Human Rights Watch, joined Democracy Now‘s Amy Goodman and Nermeen Shaikh to discuss the report,s “indisputable” evidence that the Bush administration tortured.

What Marcy said:

In short: it was torture, it was illegal, it was not valuable, and it still needs to be prosecuted.

Instead, The Justice Department instead chose to prosecute Central Intelligence Agency (CIA) whistleblower John Kiriakou, who refused to participate in torture and helped exposed the torture program. Mr. Kiriakou was sentenced to prison while the torturers he exposed walk free. Nice job, Barack.

The Myth of Equal Justice

March 18 marked the fiftieth anniversary of Gideon v. Wainwright, the landmark case by the Supreme Court that required states under the 14th amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys, extending the identical requirement made on the federal government under the 6th Amendment.

But is justice now equal?

The Legacy of Gideon v. Wainwright

by John Light, Moyers & Company

Anthony Lewis, The New York Times journalist whose masterwork chronicled the Supreme Court’s landmark Gideon v. Wainwright decision, died earlier this week at the age of 85. The court’s ruling, handed down 50 years ago last week, established a criminal defendant’s right to an attorney, even if that defendant cannot afford one. [..]

Here are some resources on Anthony Lewis and the legacy of Gideon v. Wainwright.

1. Gideon’s Trumpet

In 1964, Lewis, a two-time Pulitzer Prize winner, published his book Gideon’s Trumpet. In it, he described Clarence Earl Gideon as a wrongly convicted Florida man convinced that he was entitled to legal representation even though the state of Florida said otherwise. [..]

2. Defending Gideon

A new documentary from The Constitution Project and the New Media Advocacy Project examines the impact of Gideon v. Wainwright and includes a recent interview with Anthony Lewis as well as an archival interview from the 1960s with Gideon, who explains that he was surprised to hear from the trial judge that he was not entitled to a lawyer. [..]

3. “The Silencing of Gideon’s Trumpet”

Ten years ago, on the 40th anniversary of Gideon v. Wainwright, Lewis described in The New York Times Magazine the “endless failures to bring the promise of Gideon to life.” He wrote, “Even more alarming is the assertion by the Bush administration that in a whole new class of cases it can deny the right to counsel altogether. [..]

4. Adam Liptak on Lewis’s Transformative Journalism

Adam Liptak, one of Lewis’s successors as Supreme Court correspondent for The New York Times, wrote the paper’s obituary of its former reporter and columnist. He noted that Gideon’s Trumpet has never been out of print from the day it was published, and that Lewis’s knowledgeable and thorough coverage of the court during the years Earl Warren served as its chief justice made him almost as essential to its history as the judges themselves. [..]

5. Andrew Cohen on Lewis and Gideon today

Writing in The Atlantic earlier this month, legal scholar Andrew Cohen described how, in the story of Gideon v. Wainwright, Lewis found material for one of the “best nonfiction works written about the Supreme Court and the American legal system.” [..]

But the thrust of Cohen’s essay is that Gideon’s legacy has not fared so well. A Brennan Center for Justice report found that many court appointed lawyers are overworked and spend less than six minutes per case at hearings where they counsel their clients to plead guilty. Lawmakers haven’t funded public defenders adequately, Cohen says, and the Supreme Court has not required them to do so.

On March 29th’s Moyers & Company, host Bill Moyers discussed the system’s failures, and ongoing struggles at the crossroads of race, class and justice with attorney and legal scholar Bryan Stevenson. Then Mr. Moyers is joined by journalists Martin Clancy and Tim O’Brien, authors of Murder at the Supreme Court, to examine the fatal flaws of the death penalty.

The broadcast closes with a Bill Moyers Essay on the hypocrisy of “justice for all” in a society where billions are squandered for a war born in fraud while the poor are pushed aside.



Full transcript can be read here

Two Justices for the “Haves” and “Have Nots”

Noam Chomsky Glenn Greenwald with Liberty and Justice For Some

Former constitutional rights lawyer Glenn Greenwald contends that the United States has a two-tiered judicial system, one for the “haves” and one for the “have-nots.” Mr. Greenwald presents his argument by tracing the evolution of judicial inequality, from President Richard Nixon’s pardon for the Watergate scandal to what the author deems were economic and political crimes committed during the George W. Bush administration. The author posits that both political parties and the media are culpable for creating an unequal judicial system. Glenn Greenwald presented his thoughts in conversation with political activist Noam Chomsky. They also responded to questions from members of the audience. This was a special event of the Harvard Book Store, held at the Brattle Theatre in Cambridge, Massachusetts.

I’m including the article below by Glenn because the tactics that are employed by the powers that be and their adherents need to be exposed. Those of us who dissent from the CW are told to “sit down and shut up” because the president’s “got this.” Now, after Barack Obama has been reelected his true colors are really shining through with his appointments of torture advocates to even higher office and the revolving door of Wall St. and banking shills to protect the super wealthy. Much of what Glenn says about Noam Chomsky has also been applied to Glenn, himself, and many of us who expose the true agenda of this government. These are the tactics of the right wing used to silence the dissent during the Bush regime now being directed at those of us who have not been fooled by promise of change that will never come unless we expose it.

How Noam Chomsky is discussed

by Glenn Greenwald, The Guardian

The more one dissents from political orthodoxies, the more the attacks focus on personality, style and character

One very common tactic for enforcing political orthodoxies is to malign the character, “style” and even mental health of those who challenge them. The most extreme version of this was an old Soviet favorite: to declare political dissidents mentally ill and put them in hospitals. In the US, those who take even the tiniest steps outside of political convention are instantly decreed “crazy”, as happened to the 2002 anti-war version of Howard Dean and the current iteration of Ron Paul (in most cases, what is actually “crazy” are the political orthodoxies this tactic seeks to shield from challenge).

This method is applied with particular aggression to those who engage in any meaningful dissent against the society’s most powerful factions and their institutions. Nixon White House officials sought to steal the files from Daniel Ellsberg’s psychoanalyst’s office precisely because they knew they could best discredit his disclosures with irrelevant attacks on his psyche. Identically, the New York Times and partisan Obama supporters have led the way in depicting both Bradley Manning and Julian Assange as mentally unstable outcasts with serious personality deficiencies. The lesson is clear: only someone plagued by mental afflictions would take such extreme steps to subvert the power of the US government.

A subtler version of this technique is to attack the so-called “style” of the critic as a means of impugning, really avoiding, the substance of the critique. Although Paul Krugman is comfortably within mainstream political thought as a loyal Democrat and a New York Times columnist, his relentless attack against the austerity mindset is threatening to many. As a result, he is barraged with endless, substance-free complaints about his “tone”: he is too abrasive, he does not treat opponents with respect, he demonizes those who disagree with him, etc. The complaints are usually devoid of specifics to prevent meaningful refutation; one typical example: “[Krugman] often cloaks his claims in professional authority, overstates them, omits arguments that undermine his case, and is a bit of a bully.” All of that enables the substance of the critique to be avoided in lieu of alleged personality flaws.

Nobody has been subjected to these vapid discrediting techniques more than Noam Chomsky. [..]

Like any person with a significant political platform, Chomsky is fair game for all sorts of criticisms. Like anyone else, he should be subjected to intense critical and adversarial scrutiny. Even admirers should listen to his (and everyone else’s) pronouncements with a critical ear. Like anyone who makes prolific political arguments over the course of many years, he’s made mistakes.

But what is at play here is this destructive dynamic that the more one dissents from political orthodoxies, the more personalized, style-focused and substance-free the attacks become. That’s because once someone becomes sufficiently critical of establishment pieties, the goal is not merely to dispute their claims but to silence them. That’s accomplished by demonizing the person on personality and style grounds to the point where huge numbers of people decide that nothing they say should even be considered, let alone accepted. It’s a sorry and anti-intellectual tactic, to be sure, but a brutally effective one.

Terror at Guantanamo

Torture at Guantánamo: Lt. Col. Stuart Couch on His Refusal to Prosecute Abused Prisoner

On Sept. 11, 2001, Marine Lt. Col. Stuart Couch’s friend died co-piloting the second plane to hit the World Trade Center. Soon after, Couch became one of the first military prosecutors assigned to the U.S. military base at Guantánamo Bay to prosecute men alleged to have carried out the terrorist plot. He ultimately would refuse to prosecute one detainee: Mohamedou Ould Slahi. “It became clear that what had been done to Slahi amounted to torture,” Couch says. “Specifically, he had been subjected to a mock execution. He had sensory deprivation. He had environmental manipulation; that is, cell is too cold, or the cell is too hot. … He was presented with a ruse that the United States had taken custody of his mother and his brother and that they were being brought to Guantánamo.” Couch says he concluded Slahi’s treatment amounted to illegal torture. “I came to the conclusion we had knowingly set him up for mental suffering in order for him to provide information,” Couch said. “We might very well have a significant problem with the body of evidence that we were able to present as to his guilt.”

“The Terror Courts: Rough Justice at Guantanamo Bay”

Terror Court Prologue by Renee Feltz

Justice and the Law for Aaron Swartz

Law professor Lawrence Lessig marked his appointed as Roy L. Furman Professor of Law and Leadership at Harvard Law School with a lecture dedicated to the memory of internet activist Aaron Swartz and his work. Prof. Lessig was a close friend and mentor to Aaron and his death was a great loss to him. He had planned to lecture on corruption but after Aaron’s death decided to discuss Aaron’s Law and his work:

At the center of [Aaron’s] struggle is and was copyright.  In the debate between people who are pro and anti copyright, Aaron was on neither side.”  Rather, he opposed “dumb copyright.”  A perfect example was Swartz’s efforts to liberate data from PACER the database of public court records, which charged 8 cents a page.  He was not violating copyright, technical restraints, terms of service or any other prohibitions.  He had found a loophole.  “A loophole for public good” as opposed to the loopholes used for private gain by lobbyists and tax lawyers.  Swartz did the same thing with the government’s database of issued copyrights.  The PACER project got Aaron FBI surveillance; the copyright project, on the other hand, was met with approval by the Copyright Office.  Using all this as proof Lessig continued to emphasize that Aaron was a hacker.  He defines “hacker” as one who uses technical knowledge to make a better world.

According to Lessig, Aaron was his mentor, not the other way around.  The two worked together, upon Aaron’s insistence, on anti-corruption campaign for a while before they split again: while Aaron wanted to turn Barrack Obama into Elizabeth Warren, Lessig wanted Obama to pick up the fight with corruption he had promised in 2008.  Without that fight, the defenders of the status quo would defeat real change.

Aaron’s Laws – Law and Justice in a Digital Age’

The Legacy of Aaron Swartz

The White House announced a National Day of Civic Hacking, June 1 – 2, 2013, as the internet continues to mourn the hacker and activist, Aaron Swartz, who died of suicide at age 26. Aaron’s partner Taren Stinebrickner-Kauffman, executive director and founder of SumofUs.org joins host Chris Hayes; Lawrence Lessig, Roy L. Furman Professor of Law at Harvard Law School; Susan Crawford, professor for the Center on Intellectual Property & Information Law Program at Carodozo School of Law; and Ta-Nehisi Coates, senior editor for The Atlantic on the Up with Chris panel to discuss the legacy of Aaron Swartz.

In Aaron’s Name, Change This Law

SOPA Reddit WarriorComputer programmer, writer, archivist, political organizer, and Internet activist, but most of all son, brother and friend, Aaron Swartz tragically took his own life last week. One of the many achievements of Aaron’s too short life was to win a battle in the war for Internet Freedom, he helped lead the fight to Stop SOPA. SOPA was the Stop Online Piracy Act bill that sought to monitor the Internet for copyright violations and would have made it easier for the U.S. government to shut down websites accused of violating copyright.

This was Aaron’s address at F2C:Freedom to Connect 2012, Washington DC on May 21 2012.

Now we have a battle to fight in Aaron’s name to reform the law that overzealous federal prosecutors used against him, the Computer Fraud and Abuse Act. Marcia Hoffman, senior staff attorney for Electronic Freedom Foundation, lays out the case for fixing this draconian law:

Problem 1: Hacking laws are too broad, and too vague

Among other things, the CFAA makes it illegal to gain access to protected computers “without authorization” or in a manner that “exceeds authorized access.”  Unfortunately, the law doesn’t clearly explain what a lack of “authorization” actually means. Creative prosecutors have taken advantage of this confusion to craft criminal charges that aren’t really about hacking a computer but instead target other behavior the prosecutors don’t like. [..]

Problem 2: Hacking laws have far too heavy-handed penalties

The penalty scheme for CFAA violations is harsh and disproportionate to the magnitude of offenses. Even first-time offenses for accessing a protected computer “without authorization” can be punishable by up to five years in prison each (ten years for repeat offenses) plus fines. It’s worth nothing that five years is a relatively light maximum penalty by CFAA standards; violations of other parts of that law are punishable by up to ten years, 20 years, and even life in prison. [..]

The Upshot

The CFAA’s vague language, broad reach, and harsh punishments combine to create a powerful weapon for overeager prosecutors to unleash on people they don’t like. Aaron was facing the possibility of decades in prison for accessing the MIT network and downloading academic papers as part of his activism work for open access to knowledge. No prosecutor should have tools to threaten to end someone’s freedom for such actions, but the CFAA helped to make that fate a realistic fear for Aaron.

In Aaron’s name please call on Congress and the White House to change this law.

Click here to send your message to your congressional representatives.

Please sign the Petition to President Barack Obama to Reform the Computer Fraud and Abuse Act to reflect the realities of computing and networks in 2013.

Do this not just in Aaron’s name but mine, yours and everyone who uses the internet.

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