Tag: FBI

Senator Patrick Leahy (D-NH) introduced the version of the USA Freedom Act on Tuesday.

Leahy’s bill, like the House’s, would still provide the NSA with access to enormous amounts of American phone data. Though it would require a judge to issue an order to telecos for “call detail records” based on a “reasonable, articulable suspicion” of association with terrorism or a foreign power, the NSA will be able to use that single order to obtain the “call detail records” of a suspicious entity, as well as those of entities in “direct connection” with it and entities in connection with those.

While that would permit the NSA to yield thousands of records off of a single court order, on a daily basis for six months, the NSA and the bill’s architects contend that it bans “bulk collection.”

Leahy’s bill would go further than the House version in narrowing the critical definition of “specific selection term,” a foundational aspect of the bill defining what the government can collect. The House definition is a “term specifically identifying a person, entity, account, address, or device,” which privacy groups have lambasted as unreasonably broad.

Seeking to plug that loophole, Leahy would prevent the NSA or the FBI from accessing a service provider’s entire clientele or a wholesale “city, state, zip code, or area code.”

Although the Leahy bill has the support of several civil libertarian groups and major tech firms like Facebook and Google, it does not revive some privacy proposals that those organizations considered crucial but the intelligence agencies and their advocates in Congress stripped from the House measure.

There are still some really big loopholes, as noted by emptywheel’s Marcy Wheeler:

Leahy’s bill retains the language from USA Freedumber on contact chaining, which reads,

   (iii) provide that the Government may require the prompt production of call detail records-

   (I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and

   (II) using call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records;

Now, I have no idea what this language means, and no one I’ve talked to outside of the intelligence committees does either. It might just mean they will do the same contact chaining they do now, but if it does, why adopt this obscure language? It may just mean they will correlate identities, and do contact chaining off all the burner phones their algorithms say are the same people, but nothing more, but if so, isn’t there clearer language to indicate that (and limit it to that)? [..]

I remain concerned, too, that such obscure language would permit the contact chaining on phone books and calendars, both things we know NSA obtains overseas, both things NSA might have access to through their newly immunized telecom partners.

In addition, Leahy’s bill keeps USA Freedumber’s retention language tied to Foreign Intelligence purpose, allowing the NSA to keep all records that might have a foreign intelligence purpose.

That’s just for starters. She is also concerned about the vague language will still be used to allow bulk collection. She doesn’t think it’s strong enough

The question is whether this “agency protocol” – what Chief Justice John Roberts said was not enough to protect Americans’ privacy – is sufficient to protect Americans’ privacy.

I don’t think it is.

First, it doesn’t specify how long the NSA and FBI and CIA can keep and sort through these corporate records (or what methods it can use to do so, which may themselves be very invasive).

It also permits the retention of data that gets pretty attenuated from actual targets of investigation: agents of foreign powers that might have information on subjects of investigation and people “in contact with or known to” suspected agents associated with a subject of an investigation.

Known to?!?! Hell, Barack Obama is known to all those people. Is it okay to keep his data under these procedures?

Also remember that the government has secretly redefined “threat of death or serious bodily harm” to include “threats to property,” which could be Intellectual Property.

So CIA could (at least under this law – again, we have no idea what the actual FISC orders this is based off of) keep 5 years of Western Union money transfer data until it has contact chained 3 degrees out from the subject of an investigation or any new subjects of investigation it has identified in the interim.

In other words, probably no different and potentially more lenient than what it does now.

And one more thing from Marcy: Leahy’s version still will allow the FBI uncounted use of backdoor searches:

I strongly believe this bill may expand the universe of US persons who will be thrown into the corporate store indefinitely, to be subjected to the full brunt of NSA’s analytical might.

But that’s not the part of the bill that disturbs me the most. It’s this language:

   ‘(3) FEDERAL BUREAU OF INVESTIGATION.-

   Subparagraphs (B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph (1) of subsection (b) shall not apply to information or records held by, or queries conducted by, the Federal Bureau of Investigation.

The language refers, in part,  to requirements that the government report to Congress [..]

These are back door searches on US person identifiers of Section 702 collected data – both content (iv) and metadata (v).

In other words, after having required the government to report how many back door searches of US person data it conducts, the bill then exempts the FBI.

The FBI – the one agency whose use of such data can actually result in a prosecution of the US person in question.

We already know the government has not provided all defendants caught using 702 data notice. And yet, having recognized the need to start counting how many Americans get caught in back door searches, Patrick Leahy has decided to exempt the agency that uses back door searches the most.

And if they’re not giving defendants notice (and they’re not), then this is an illegal use of Section 702.

While the Senate version may be a good enough reason for some civil libertarians, privacy groups and technology firms to back, it still falls far short of what is needed to protect Americans’ constitutional rights and privacy.

The National Security Agency and the Federal Bureau if Investigation was given authorization by a judge with the top-secret Foreign Intelligence Surveillance Court to spy on five Americans because of their political activity and, umm, their Middle Eastern names:

Meet the Muslim-American Leaders the FBI and NSA Have Been Spying On

By Glenn Greenwald and Murtaza Hussain

he National Security Agency and FBI have covertly monitored the emails of prominent Muslim-Americans-including a political candidate and several civil rights activists, academics, and lawyers-under secretive procedures intended to target terrorists and foreign spies.

According to documents provided by NSA whistleblower Edward Snowden, the list of Americans monitored by their own government includes:

• Faisal Gill, a longtime Republican Party operative and one-time candidate for public office who held a top-secret security clearance and served in the Department of Homeland Security under President George W. Bush;

• Asim Ghafoor, a prominent attorney who has represented clients in terrorism-related cases;

• Hooshang Amirahmadi, an Iranian-American professor of international relations at Rutgers University;

• Agha Saeed, a former political science professor at California State University who champions Muslim civil liberties and Palestinian rights;

• Nihad Awad, the executive director of the Council on American-Islamic Relations (CAIR), the largest Muslim civil rights organization in the country.

The individuals appear on an NSA spreadsheet in the Snowden archives called “FISA recap”-short for the Foreign Intelligence Surveillance Act. Under that law, the Justice Department must convince a judge with the top-secret Foreign Intelligence Surveillance Court that there is probable cause to believe that American targets are not only agents of an international terrorist organization or other foreign power, but also “are or may be” engaged in or abetting espionage, sabotage, or terrorism. The authorizations must be renewed by the court, usually every 90 days for U.S. citizens.he National Security Agency and FBI have covertly monitored the emails of prominent Muslim-Americans-including a political candidate and several civil rights activists, academics, and lawyers-under secretive procedures intended to target terrorists and foreign spies.

According to documents provided by NSA whistleblower Edward Snowden, the list of Americans monitored by their own government includes:

• Faisal Gill, a longtime Republican Party operative and one-time candidate for public office who held a top-secret security clearance and served in the Department of Homeland Security under President George W. Bush;

• Asim Ghafoor, a prominent attorney who has represented clients in terrorism-related cases;

• Hooshang Amirahmadi, an Iranian-American professor of international relations at Rutgers University;

• Agha Saeed, a former political science professor at California State University who champions Muslim civil liberties and Palestinian rights;

• Nihad Awad, the executive director of the Council on American-Islamic Relations (CAIR), the largest Muslim civil rights organization in the country.

The individuals appear on an NSA spreadsheet in the Snowden archives called “FISA recap”-short for the Foreign Intelligence Surveillance Act. Under that law, the Justice Department must convince a judge with the top-secret Foreign Intelligence Surveillance Court that there is probable cause to believe that American targets are not only agents of an international terrorist organization or other foreign power, but also “are or may be” engaged in or abetting espionage, sabotage, or terrorism. The authorizations must be renewed by the court, usually every 90 days for U.S. citizens. [..]

The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press. Some have even climbed the ranks of the U.S. national security and foreign policy establishments.

[..]

Asim Ghafoor says his first-hand experience working on behalf of other Muslim-Americans has led him to believe that “the U.S. government embarked on a very systematic approach” to target his community.

“I saw the government specifically go after Muslim people who were involved in certain activities such as charity work, humanitarian work, political activism,” he says. “Maybe they had some website that had some speeches that nobody ever read or even noticed, maybe they had some bloodcurdling speeches. So the government just treated you like you were blowing up the next tower. They treated you like you were going to be the Manchurian Candidate, you were going to destroy America from within. There were U.S. attorneys, FBI agents, DHS agents, customs agents all over the country that were trying to find the next terror cell in their midst. If you were involved in those activities and maybe you were on a student visa and you didn’t quite fill out the paperwork, you were hosed. There is no question about it, you were worse off than a migrant worker in Dubai. You were just packed up and sent home. Life became very, very unbearable for them.”

Even a U.S. citizen like Faisal Gill, who served his country both in the armed forces and in the White House, found himself spied on by his own government. “I was a very conservative, Reagan-loving Republican,” he says. “If somebody like me could be surveilled, then [there are] other people out there I can only imagine who are under surveillance.

“I went to school here as a fourth grader – learned about the Revolutionary War, learned about individual rights, Thomas Jefferson, all these things,” he continues. “That is ingrained in you – your privacy is important. And to have that basically invaded for no reason whatsoever – for the fact that I didn’t do anything – I think that’s troubling. And I think that certainly goes to show how we need to shape policy differently than it is right now.”

As per Huffington Post‘s Ryan Grim, Glenn Greenwald received the permission of all five named in the article before printing their names.

This is the Democratic administration of Barack Hussein Obama.

Last year, the FBI shot and killed a Chechen man in Orlando, FL, who was a friend of the 2011 Boston Marathon suspects. According to accounts, Ibragim Todashev, had been speaking for two hours in his apartment to officials from the Massachusetts State Police and the F.B.I when he suddenly grab an object and tried to attack an agent. Todashev was shot seven times and died at the scene.

While claiming to investigate these shootings thoroughly, an New York Times investigation found that between 1995 and 2011 no FBI agent has been found at fault in 150 shootings. So it came as no surprise that the FBI agent who shot Tdashev was cleared of any wrong doing by Florida prosecutors

The FBI isn’t the only agency that has a suspicious habit of clearing its agents in shootings. It seems that the US Customs and Border Protection (CPB) is another agency with little or no outside scrutiny or accountability with complaints of abuse mostly ignored and failed to adequately investigate 28 fatal shootings since 2010. In a scathing report in the LA TImes, independent law enforcement experts heavily criticized the agency for a “lack of diligence” in investigating U.S. agents who had fired their weapons.

U.S. Customs and Border Protection, which had commissioned the review, has tried to prevent the scathing 21-page report from coming to light.

House and Senate oversight committees requested copies last fall but received only a summary that omitted the most controversial findings – that some border agents stood in front of moving vehicles as a pretext to open fire and that agents could have moved away from rock throwers instead of shooting at them.

The Times obtained the full report and the agency’s internal response, which runs 23 pages. The response rejects the two major recommendations: barring border agents from shooting at vehicles unless its occupants are trying to kill them, and barring agents from shooting people who throw things that can’t cause serious physical injury.

The response, marked “Law Enforcement Sensitive,” states that a ban on shooting at rock throwers “could create a more dangerous environment” because many agents operate “in rural or desolate areas, often alone, where concealment, cover and egress is not an option.”

If drug smugglers knew border agents were not allowed to shoot at their vehicles, it argues, more drivers would try to run over agents.

This week the new head of the Department of Homeland Security, Jeh Johnson removed James F. Tomsheck as head of internal affairs for the CPB. Tomsheck’s defenders say he is being scapegoated for bigger problems.

For years, Tomsheck wrestled with larger, more established watchdog agencies at the Department of Homeland Security and U.S. Immigration and Customs Enforcement — all with jurisdiction over Border Patrol misconduct.

As a result, Tomsheck’s hands often were tied because of interference from these other agencies and even senior Customs and Border Protection officials, especially when it came to disciplinary action, said James Wong, who retired as Tomsheck’s deputy in late 2011. [..]

In some cases, Tomsheck’s office was kept in the dark about investigations or shielded from information. Wong said the office often was told that the FBI and homeland security inspector general were handling investigations and had minimal access to those cases. It would be months or years before internal affairs could conduct its own reviews of alleged misconduct or shootings to learn whether agents had followed policy.

In particular, Wong pointed to the June 2010 shooting death of Sergio Hernandez Guereca, a 15-year-old Mexican citizen who was gunned down near El Paso, Texas. The inspector general, senior Customs and Border Protection officials and others blocked the internal affairs office from significant information about the shooting, Wong said.

The Justice Department eventually declined to prosecute the agent involved. [..]

Ronald T. Hosko, who recently retired as the head of the FBI’s criminal investigative division, agreed that Tomsheck’s office was undermined by turf battles, and he never knew Tomsheck to back away from an investigation.

MSNBC’s Rachel Maddow and John Stanton, Washington bureau chief for Buzzfeed discussed the “opacity” of the CBP and Tomsheck’s dismissal just as he was due to testify before Congress,

On March 8, 1971 a burglary took place in Media, PA. That wouldn’t be significant except for the target, the local FBI office, and the documents that were taken opened a can of worms that blew the lid off of the covert, and sometimes illegal, FBI program called COINTELPRO, an acronym for COunter INTELligence PROgram. The police and FBI, Hoover had over 200 agents on the case, were never able to find the perpetrators of the break-in. Now, 43 years later. with the statute of limitations expired, the burglars have some in from the cold.

They were never caught, and the stolen documents that they mailed anonymously to newspaper reporters were the first trickle of what would become a flood of revelations about extensive spying and dirty-tricks operations by the F.B.I. against dissident groups.

The burglary in Media, Pa., on March 8, 1971, is a historical echo today, as disclosures by the former National Security Agency contractor Edward J. Snowden have cast another unflattering light on government spying and opened a national debate about the proper limits of government surveillance. The burglars had, until now, maintained a vow of silence about their roles in the operation. They were content in knowing that their actions had dealt the first significant blow to an institution that had amassed enormous power and prestige during J. Edgar Hoover’s lengthy tenure as director.

“When you talked to people outside the movement about what the F.B.I. was doing, nobody wanted to believe it,” said one of the burglars, Keith Forsyth, who is finally going public about his involvement. “There was only one way to convince people that it was true, and that was to get it in their handwriting.”

Two weeks after the burglary, Washington Post reporter Betty Medsger ran the first story exposing the FBI’s blanket surveillance of the peace and civil rights movement, the tactics of disinformation and deception the bureau used to silence protesters.

But the document that would have the biggest impact on reining in the F.B.I.’s domestic spying activities was an internal routing slip, dated 1968, bearing a mysterious word: Cointelpro.

Neither the Media burglars nor the reporters who received the documents understood the meaning of the term, and it was not until several years later, when the NBC News reporter Carl Stern obtained more files from the F.B.I. under the Freedom of Information Act, that the contours of Cointelpro – shorthand for Counterintelligence Program – were revealed.

Since 1956, the F.B.I. had carried out an expansive campaign to spy on civil rights leaders, political organizers and suspected Communists, and had tried to sow distrust among protest groups. Among the grim litany of revelations was a blackmail letter F.B.I. agents had sent anonymously to the Rev. Dr. Martin Luther King Jr., threatening to expose his extramarital affairs if he did not commit suicide.

“It wasn’t just spying on Americans,” said Loch K. Johnson, a professor of public and international affairs at the University of Georgia who was an aide to Senator Frank Church, Democrat of Idaho. “The intent of Cointelpro was to destroy lives and ruin reputations.”

The eight burglars never met again as a group. When the statute of limitations had expired, the FBI closed the case. Ms. Medsger wrote that only one of the burglars was on the final list of suspects. Three of the burglars have decided to remain anonymous.

Democracy needs whistleblowers. That’s why I broke into the FBI in 1971

By Bonnie Raines

Like Snowden, we broke laws to reveal something that was more dangerous. We wanted to hold J Edgar Hoover accountable

I vividly remember the eureka moment. It was the night we broke into an FBI office in Media, Pennsylvania, in March 1971 and removed about 1,000 documents from the filing cabinets. We had a hunch that there would be incriminating material there, as the FBI under J Edgar Hoover was so bureaucratic that we thought every single thing that went on under him would be recorded. But we could not be sure, and until we found it, we were on tenterhooks. [..]

Looking back on what we did, there are obvious parallels with what Edward Snowden has done in releasing National Security Agency documents that show the NSA’s blanket surveillance of Americans. I think Snowden’s a legitimate whistleblower, and I guess we could be called whistleblowers as well. [..]

Democracy needs whistleblowers. Snowden was in a position to reveal things that nobody could dispute. He has performed a legitimate, necessary service. Unlike us, he revealed his own identity, and as a result, he’s sacrificed a lot. [..]

Nowadays, the country is divided once again, but I don’t see much concern about the abuses that are happening today, like the surveillance of mosques in America, using agent provocateurs. I hear people say, “I don’t care,” the government can do what it needs to do as long as it protects me from terrorism …” To me, that’s giving the authorities blanket permission to cross the line again.

Dissent and accountability are the lifeblood of democracy, yet people now think they just have to roll over in the name of “anti-terrorism”. Members of government thinks it can lie to us about it, and that they can lie to Congress. That concerns me for the future of my children and grandchildren, and that too makes me feel I can talk about, at my age, doing something as drastic as breaking-in to an FBI office in the search for truth.

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.

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.

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.

The US government works closely with thousands of corporations to bring you everything from national security to the drivers of climate change.  The connections between these entities are diverse and often quite opaque making it difficult for citizens to tell who is really in charge.  Is it the corporations with their ultimate responsibility to make a profit for their owners and shareholders, or is it the government with its ultimate responsibility to the electorate?  Do the principles of government or business apply to joint decision making processes when government invests in businesses and sits on their boards, or when government agencies have representatives of business sit on task forces and decision making structures?

The economist and moral philosopher Adam Smith wrote, “people of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.”

What happens when the interests of business and government so align, that they are fundamentally, “in the same business?”

Cooperation

Disclosures by whistleblowers have led to a heightened interest by the press in these government-corporate linkages particularly in relation to intelligence gathering.  Bloomberg recently posted this article which describes in some detail cooperation between government spies and industry:

Thousands of technology, finance and manufacturing companies are working closely with U.S. national security agencies, providing sensitive information and in return receiving benefits that include access to classified intelligence, four people familiar with the process said. …

Makers of hardware and software, banks, Internet security providers, satellite telecommunications companies and many other companies also participate in the government programs. … Along with the NSA, the Central Intelligence Agency, the Federal Bureau of Investigation and branches of the U.S. military have agreements with such companies to gather data that might seem innocuous but could be highly useful in the hands of U.S. intelligence or cyber warfare units, according to the people, who have either worked for the government or are in companies that have these accords. …

Some U.S. telecommunications companies willingly provide intelligence agencies with access to facilities and data offshore that would require a judge’s order if it were done in the U.S., one of the four people said. [hmmm. think carefully about the ramifications of that statement, could the spy agencies just maybe be evading the law on collecting our information by collecting it from outside of our borders? pfffttt]… The extensive cooperation between commercial companies and intelligence agencies is legal and reaches deeply into many aspects of everyday life, though little of it is scrutinized by more than a small number of lawyers, company leaders and spies.

The article also points out the minimal oversight that these programs receive and quotes Senator Rockefeller’s cybersecurity assistant explaining that most congresspeople and their staffs charged with overseeing these programs lack the technical background and expertise to fully understand what they are responsible for overseeing.  Further, the article notes that within the companies that are entering into “arrangements” with the government, knowledge of these agreements is very closely held, suggesting that corporate governance structures are undermined and unable to perform their duty to oversee the activities of their corporation or withhold consent in behalf of the (kept in the dark) shareholders for actions taken by management. The secrecy involved creates a situation where loosely supervised government officials are allowed to compel or conspire with corporate chieftains to hijack corporations and undermine democratic governance structures.

Many of the corporations that have cooperated with the government are now, since being exposed, struggling with the public relations fallout that has come from customers finding out that the corporations have helped the government spy on them.  Surely they understood this risk, which is why many of these corporations demanded legal immunity for their cooperation.

So what made it worth the risk, because, as the Bloomberg article reveals, much of the participation by these firms was voluntary?  From the same article:

Michael Hayden, who formerly directed the National Security Agency and the CIA, described the attention paid to important company partners: “If I were the director and had a relationship with a company who was doing things that were not just directed by law but were also valuable to the defense of the Republic, I would go out of my way to thank them and give them a sense as to why this is necessary and useful.”

Ah, there was a corporate rewards program…

One is left to speculate about what sort of rewards might be handed out to corporations from a government with trillions of dollars to spend.  They probably aren’t just giving out key chains and coffee mugs.  Hmmm… Facebook cooperates with the NSA.  Was its precipitous rise in the market due to Zuckerberg’s ideas and business acumen or… something else?

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.”

The New York Times revealed in an article by Charles Savage that the Justice Department is preparing legislation that would allow the FBI to wiretap online communications with far greater ease:

The Obama administration is weighing a proposal that would fine companies that do not comply with wiretap orders. An earlier proposal by the Federal Bureau of Investigation (FBI) would have required all companies to build in this capacity from the outset – a costly mandate that critics worried would stifle tech innovation and small businesses.

Attorney Albert Gidari Jr., who specializes in representing technology companies, told the Times: “We’ll look at lot more like China than America after this.”

Albert Gidari Jr., who represents technology companies on law enforcement matters, told the NYT, “We’ll look a lot more like China than America after this.” Gidari further stated, “that if the United States started imposing fines on foreign Internet firms, it would encourage other countries, some of which may be looking for political dissidents, to penalize American companies if they refused to turn over users’ information.”

The Raw Story notes:

It’s not clear yet if the White House will send this proposal to Congress, but if they do it’s sure to ignite another major debate on Internet freedom and privacy rights not unlike the struggle over network neutrality and the push-back against the Cyber Intelligence Sharing and Protection Act (CISPA).

And according to the Department of Justice, “warrants? we don’t need no stinking warrants:”

The U.S. Department of Justice and the FBI believe they don’t need a search warrant to review Americans’ e-mails, Facebook chats, Twitter direct messages, and other private files, internal documents reveal.

Government documents obtained by the American Civil Liberties Union and provided to CNET show a split over electronic privacy rights within the Obama administration, with Justice Department prosecutors and investigators privately insisting they’re not legally required to obtain search warrants for e-mail. The IRS, on the other hand, publicly said last month that it would abandon a controversial policy that claimed it could get warrantless access to e-mail correspondence.

The Fourth Amendment is apparently irrelevant to Mr. Constitutional Law Professor.

The fight to protect the Constitution from Barack Obama and his Justice Department continues.

If anyone had any doubts that the US Government is no longer a “government of the people” but of corporation and Wall St, you need only read the recently released FBI documents that labeled Occupy Wall Street a “terrorist group” and coordinated with banks and cities nationwide to suppress the protests with strong arm tactics and targeted assassinations (see pg 61 of document). This all started before the protest even began without evidence that the protests would be anything but peaceful and despite the internal acknowledgment that the movement opposed violent tactics. The documents prove that the government blatantly lied about the Department of Homeland Security involvement in coordinating the violent crackdown in New York City, Oakland and other major cities. Partnership for Civil Justice obtained the heavily redacted FBI documents revealing that the surveillance began at least a month before the protest in Zuccotti Park began and that the #OWS movement was being treated as potential criminal and terrorist activity.

The PCJF has obtained heavily redacted documents showing that FBI offices and agents around the country were in high gear conducting surveillance against the movement even as early as August 2011, a month prior to the establishment of the OWS encampment in Zuccotti Park and other Occupy actions around the country.

“This production, which we believe is just the tip of the iceberg, is a window into the nationwide scope of the FBI’s surveillance, monitoring, and reporting on peaceful protestors organizing with the Occupy movement,” stated Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund (PCJF).  “These documents show that the FBI and the Department of Homeland Security are treating protests against the corporate and banking structure of America as potential criminal and terrorist activity.  These documents also show these federal agencies functioning as a de facto intelligence arm of Wall Street and Corporate America.”

“The documents are heavily redacted, and it is clear from the production that the FBI is withholding far more material. We are filing an appeal challenging this response and demanding full disclosure to the public of the records of this operation,” stated Heather Benno, staff attorney with the PCJF.

Author and activist Naomi Wolf reported in The Guardian that these “new documents prove what was once dismissed as paranoid fantasy: totally integrated corporate-state repression of dissent.”

It was more sophisticated than we had imagined: new documents show that the violent crackdown on Occupy last fall – so mystifying at the time – was not just coordinated at the level of the FBI, the Department of Homeland Security, and local police. The crackdown, which involved, as you may recall, violent arrests, group disruption, canister missiles to the skulls of protesters, people held in handcuffs so tight they were injured, people held in bondage till they were forced to wet or soil themselves – was coordinated with the big banks themselves.

The Partnership for Civil Justice Fund, in a groundbreaking scoop that should once more shame major US media outlets (why are nonprofits now some of the only entities in America left breaking major civil liberties news?), filed this request. The document – reproduced here in an easily searchable format – shows a terrifying network of coordinated DHS, FBI, police, regional fusion center, and private-sector activity so completely merged into one another that the monstrous whole is, in fact, one entity: in some cases, bearing a single name, the Domestic Security Alliance Council. And it reveals this merged entity to have one centrally planned, locally executed mission. The documents, in short, show the cops and DHS working for and with banks to target, arrest, and politically disable peaceful American citizens.

The documents, released after long delay in the week between Christmas and New Year, show a nationwide meta-plot unfolding in city after city in an Orwellian world: six American universities are sites where campus police funneled information about students involved with OWS to the FBI, with the administrations’ knowledge (p51); banks sat down with FBI officials to pool information about OWS protesters harvested by private security; plans to crush Occupy events, planned for a month down the road, were made by the FBI – and offered to the representatives of the same organizations that the protests would target; and even threats of the assassination of OWS leaders by sniper fire – by whom? Where? – now remain redacted and undisclosed to those American citizens in danger, contrary to standard FBI practice to inform the person concerned when there is a threat against a political leader (p61).

Mara Verheyden-Hilliard, executive director of the PCJF, sat down for an interview with Amy Goodman on Democracy Now!

Transcript can be read here

So much for paranoia. The government is out to stop peaceful protest in anyway they can.