Bush quietly seeks to make war powers permanent, by declaring indefinite state of war

As the nation focuses on Sen. John McCain’s choice of running mate, President Bush has quietly moved to expand the reach of presidential power by ensuring that America remains in a state of permanent war.

Read moreBush quietly seeks to make war powers permanent, by declaring indefinite state of war

The Orwellian nightmare is here

In the Queen’s speech this autumn Gordon Brown’s government will announce a scheme to institute a database of every telephone call, email, and act of online usage by every resident of the UK. It will propose that this information will be gathered, stored, and “made accessible” to the security and law enforcement agencies, local councils, and “other public bodies”.

This fact should be in equal parts incredible and nauseating. It is certainly enraging and despicable. Not even George Orwell in his most febrile moments could have envisaged a world in which every citizen could be so thoroughly monitored every moment of the day, spied upon, eavesdropped, watched, tracked, followed by CCTV cameras, recorded and scrutinised. Our words and web searches, our messages and intimacies, are to be stored and made available to the police, the spooks, the local council – the local council! – and “other public bodies”.

Read moreThe Orwellian nightmare is here

The CCTV cameras spying on hundreds of classrooms

CCTV monitors classrooms at one in 14 schools, according to a survey.

The poll of teachers also found that almost a quarter feared there might be more cameras hidden around the campus that they did not know about.

Most said their schools were fitted with surveillance cameras. Almost 80 per cent said there were cameras at the entrance and more than 7 per cent said there were some in classrooms.

Nearly 10 per cent of teachers polled by the Association of Teachers and Lecturers said there were cameras in the lavatories.


Big brother is watching you: One in 14 schools is monitored by CCTV

Read moreThe CCTV cameras spying on hundreds of classrooms

License Plate Readers To Be Used In D.C. Area

Detective Charles Baker of the Charles County sheriff's office checks data from two cameras installed atop his cruiser that scan license plates.
Detective Charles Baker of the Charles County sheriff’s office checks data from two cameras installed atop his cruiser that scan license plates. (By James A. Parcell For The Washington Post)

Authorities plan to install about 200 automated license plate readers on police vehicles and alongside roads in the Washington area to thwart potential terrorist attacks, dramatically expanding the use of a high-tech tool previously aimed at parking scofflaws and car thieves.

Top homeland security officials from Maryland, Virginia and the District agreed last week to spend $4.5 million on the new system, officials said Friday. The funds will come from a $59.8 million federal homeland security grant for the D.C. area announced last month. That grant also will be used to outfit police with radiation detectors, improve hazmat and bomb squads and provide equipment to hospitals, officials decided.

Read moreLicense Plate Readers To Be Used In D.C. Area

Labour’s DNA database: 573,639 registered with no criminal record


Civil rights campaigners and MPs want the police to destroy the DNA records of anyone without a criminal record

Nearly 600,000 people never convicted of any crime now have their details stored on Labour’s DNA database, shock figures reveal.

More than 400,000 of those were added in the past two years, further fuelling the belief that the Government is building a genetic record of the entire population by stealth.

The figure of 573,639 people on the database who have not been convicted, cautioned, formally warned or reprimanded has pushed the overall total to 4.2million.

Read moreLabour’s DNA database: 573,639 registered with no criminal record

One Nation Under Siege – Full Theatrical Release

From documentary filmmaker William Lewis comes a bone chilling documentary on the spying, tracking and control of the American public.

Source: Google Video

Anti-War Website Operator Threatened By Armed Thugs


Tom Feeley, owner and editor of InformationClearingHouse.info, has endured public harassment, home invasions, death threats and threats to his family simply for running a website.

The operator of a leading alternative news and strongly anti-war website has become the target of nefarious thugs apparently in the employ of the U.S. government who have continually harassed him and ordered him to shut down his website.

Tom Feeley, owner and editor of Information Clearing House.info, has endured public harassment, home invasions, death threats and threats to his family simply for running a website.

Counterpunch writer Mike Whitney has circulated an e mail describing what happened to Feeley in an attempt to draw attention to the matter.

Whitney writes that earlier this week Feeley’s wife was startled to suddenly discover three well dressed men standing in her kitchen who told her that Tom must “Stop what he is doing on the Internet, NOW!”

Read moreAnti-War Website Operator Threatened By Armed Thugs

Has America become Fascist?

If it hasn’t gone the way of Mussolini’s Italy and Hitler’s Germany, it sure is teetering on the brink. America is a nation in deepening crisis, a nation whose leaders repeatedly plunge their citizens into, and make them pay for, serial wars abroad, while stealing their liberties at home. USA has become a country that trashes its citizens (New Orleans), tortures its enemies (Abu Ghraib), threatens other nations with nuclear fire (Iran), flouts international treaties (UN Charter re Iraq), and spies on (FISA), and intimidates, its critics (No Fly). Americans that can clearly see the totalitarian machinations of Vladimir Putin in Russia and Hu Jintao in China are blind to the fascism threatening to envelop them as well.

Read moreHas America become Fascist?

U.S. agents can seize travelers’ laptops


WASHINGTON (Reuters) – U.S. federal agents have been given new powers to seize travelers’ laptops and other electronic devices at the border and hold them for unspecified periods the Washington Post reported on Friday.

Under recently disclosed Department of Homeland Security policies, such seizures may be carried out without suspicion of wrongdoing, the newspaper said, quoting policies issued on July 16 by two DHS agencies.

Agents are empowered to share the contents of seized computers with other agencies and private entities for data decryption and other reasons, the newspaper said.

DHS officials said the policies applied to anyone entering the country, including U.S. citizens, and were needed to prevent terrorism.

The measures have long been in place but were only disclosed in July, under pressure from civil liberties and business travel groups acting on reports that increasing numbers of international travelers had had their laptops, cellphones and other digital devices removed and examined.

Read moreU.S. agents can seize travelers’ laptops

Exposing Bush’s historic abuse of power

Salon has uncovered new evidence of post-9/11 spying on Americans. Obtained documents point to a potential investigation of the White House that could rival Watergate.

Excerpts (Full article follows):

“According to several former U.S. government officials with extensive knowledge of intelligence operations, Main Core in its current incarnation apparently contains a vast amount of personal data on Americans, including NSA intercepts of bank and credit card transactions and the results of surveillance efforts by the FBI, the CIA and other agencies. One former intelligence official described Main Core as “an emergency internal security database system” designed for use by the military in the event of a national catastrophe, a suspension of the Constitution or the imposition of martial law. Its name, he says, is derived from the fact that it contains “copies of the ‘main core’ or essence of each item of intelligence information on Americans produced by the FBI and the other agencies of the U.S. intelligence community.”

“An article in Radar magazine in May, citing three unnamed former government officials, reported that “8 million Americans are now listed in Main Core as potentially suspect” and, in the event of a national emergency, “could be subject to everything from heightened surveillance and tracking to direct questioning and even detention.”

Related information:

The Last Roundup: MAIN CORE

Homeland Security: Operation Endgame
Why do you think they have called it “Operation Endgame”? That makes no sense if you just want to get rid of some illegal immigrants. The Nazis had the term Endsieg (Sieg = Victory). And here we have Operation Endgame with it’s concentration, ahhhmmm, detention camps. Probably just a coincidence.

Police State 2008 (Interview with Paul Craig Roberts )
Paul Craig Roberts, a Republican who worked in the Reagan administration: “Homeland that is a Nazi term.”
He is predicting a 9-11 type of attack before the 2008 elections. If that occurs, Bush can declare martial law and begin arresting those who disagree with his foreign policy (based on Executive Orders recently issued by the Bush Administration that grant the president these powers

G. W. Bush and Adolf Hitler signed a Directive 51
Adolf Hitler signed a Directive 51 (Source: Brittanica.com) and here is Bush’s NSPD 51 (Source: The White House).
National Security Presidential Directive 51 Source: YouTube
If President Bush will declare Martial Law, for the given reasons in NSPD 51, he will hold all power in his hands alone. He has to answer to no-one anymore. Presidential Directive 51 overrides everything.
So both directives were issued to give the Dictator in charge absolute power!

Jul. 23, 2008 | The last several years have brought a parade of dark revelations about the George W. Bush administration, from the manipulation of intelligence to torture to extrajudicial spying inside the United States. But there are growing indications that these known abuses of power may only be the tip of the iceberg. Now, in the twilight of the Bush presidency, a movement is stirring in Washington for a sweeping new inquiry into White House malfeasance that would be modeled after the famous Church Committee congressional investigation of the 1970s.

Read moreExposing Bush’s historic abuse of power

Big Brother database recording all our calls, texts and e-mails will ‘ruin British way of life’

Plans for a massive database snooping on the entire population were condemned yesterday as a ‘step too far for the British way of life’.

In an Orwellian move, the Home Office is proposing to detail every phone call, e-mail, text message, internet search and online purchase in the fight against terrorism and other serious crime.

But the privacy watchdog, Information Commissioner Richard Thomas, warned that the public’s traditional freedoms were under grave threat from creeping state surveillance.


Big Brother: Critics warn our surveillance culture is going too far

Apart from the Government’s inability to hold data securely, he said the proposals raised ‘grave questions’.

Read moreBig Brother database recording all our calls, texts and e-mails will ‘ruin British way of life’

U.S. defends laptop searches at the border


Border check: A Customs and Border Protection officer searched a truck at a border crossing in Blaine, Wash., in 2006. For the past 18 months, officials at border entries have been searching some citizens’ laptops. (Andy Nelson – Staff/File)

Courts have upheld routine checks of Americans’ hard drives at the border. Critics say they’re anything but routine.

New York – Is a laptop searchable in the same way as a piece of luggage? The Department of Homeland Security believes it is.

For the past 18 months, immigration officials at border entries have been searching and seizing some citizens’ laptops, cellphones, and BlackBerry devices when they return from international trips.

In some cases, the officers go through the files while the traveler is standing there. In others, they take the device for several hours and download the hard drive’s content. After that, it’s unclear what happens to the data.

The Department of Homeland Security contends these searches and seizures of electronic files are vital to detecting terrorists and child pornographers. It also says it has the constitutional authority to do them without a warrant or probable cause.

But many people in the business community disagree, saying DHS is overstepping the Fourth Amendment bounds of permissible routine searches. Some are fighting for Congress to put limits on what can be searched and seized and what happens to the information that’s taken. The civil rights community says the laptop seizures are simply unconstitutional. They want DHS to stop the practice unless there’s at least reasonable suspicion.

Legal scholars say the issue raises the compelling and sometimes clashing interests of privacy rights and the need to protect the US from terrorists and child pornographers. The courts have long held that routine searches at the border are permissible, simply because they take place at the border. Opponents of the current policy say a laptop search is far from “routine.”

“A laptop can hold [the equivalent of] a major university’s library: It can contain your full life,” says Peter Swire, a professor of law at Ohio State University in Columbus. “The government’s never gotten to search your entire life, so this is unprecedented in scale what the government can get.”

Read moreU.S. defends laptop searches at the border

Bush’s Secret Army of Snoops and Snitches


The “suggested duties” of these Terrorism Liaison Officers include: “source person for internal or external inquiry,” and “collecting, reporting retrieving and sharing of materials related to terrorism. Such materials might include … books journals, periodicals, and videotapes.” Photo: Stasi operative from the German film, The Lives of Others.

The full scale of Bush’s assault on our civil liberties may not be known until years after he’s left office.

At the moment, all we can do is get glimpses here or there of what’s going on.

And the latest one to come to my attention is the dispatching of police officers, firefighters, paramedics, and utility workers as so-called “terrorism liaison officers,” according to a report by Bruce Finley in the Denver Post.

They are entrusted with hunting for “suspicious activity,” and then they report their findings, which end up in secret government databases.

What constitutes “suspicious activity,” of course, is in the eye of the beholder. But a draft Justice Department memo on the subject says that such things as “taking photos of no apparent aesthetic value” or “making notes” could constitute suspicious activity, Finley wrote.

The states where this is going on include: Arizona, California, Colorado, Florida, Illinois, Tennessee, Wisconsin, and Washington, D.C.

Dozens more are planning to do so, Finley reports.

Colorado alone has 181 Terrorism Liaison Officers, and some of them are from the private sector, such as Xcel Energy.

Mark Silverstein of the Colorado ACLU told Amy Goodman of Democracy Now! that this reminds him of the old TIPS program, which “caused so much controversy that Congress eventually shut it down. But it is reemerging in other forms.” Silverstein warns that there will be thousands and thousands of “completely innocent people going about completely innocent and legal activities” who are going to end up in a government database.

On the web, I found a description for a Terrorism Liaison Officer Position in the East Bay.

Read moreBush’s Secret Army of Snoops and Snitches

Senate Backs Wiretap Bill to Shield Phone Companies

WASHINGTON – More than two and a half years after the disclosure of President’s Bush’s domestic eavesdropping program set off a furious national debate, the Senate gave final approval on Wednesday afternoon to broadening the government’s spy powers and providing legal immunity for the phone companies that took part in the wiretapping program.

The plan, approved by a vote of 69 to 28, marked one of Mr. Bush’s most hard-won legislative victories in a Democratic-led Congress where he has had little success of late. Both houses, controlled by Democrats, approved what amounted to the biggest restructuring of federal surveillance law in 30 years, giving the government more latitude to eavesdrop on targets abroad and at home who are suspected of links to terrorism.

The issue put Senator Barack Obama of Illinois, the presumptive Democratic nominee, in a particularly precarious spot. After long opposing the idea of immunity for the phone companies in the wiretapping operation, he voted for the plan on Wednesday. His reversal last month angered many of his most ardent supporters, who organized an unsuccessful drive to get him to reverse his position once again. And it came to symbolize what civil liberties advocates saw as “capitulation” by Democratic leaders to political pressure from the White House in an election year.

Senator Hillary Rodham Clinton of New York, who was Mr. Obama’s rival for the Democratic presidential nomination, voted against the bill.

The outcome was a stinging defeat for opponents who had urged Democratic leaders to stand firm against the White House after a months-long impasse.

“I urge my colleagues to stand up for the rule of law and defeat this bill,” Senator Russell D. Feingold, Democrat of Wisconsin, said in closing arguments.

Read moreSenate Backs Wiretap Bill to Shield Phone Companies

Bush poised for victory as US Congress nears approval of wiretapping bill

George Bush is poised for a major victory this week as Congress nears final approval of a plan to provide legal immunity to private companies that aided government wiretapping as well as expand those spying powers.

Debate on the wiretapping bill is slated to begin in the Senate today, with a vote expected by week’s end. Although civil liberties groups and liberal activists have pressed Democrats to oppose the proposal, its approval is considered a near-certainty.

The bill’s most controversial provision gives legal immunity to telecommunications companies that helped the Bush administration monitor phone calls and emails without a court warrant in the aftermath of the 9/11 attacks.

The immunity debate has created particular headaches for Barack Obama, who last fall joined a group of liberal senators in blocking a separate wiretapping bill that contained a liability shield for telecoms.

But after securing the Democratic presidential nomination, Obama veered to the centre and indicated he would support the wiretapping plan even if the final version cancelled lawsuits against the companies. His staunchest supporters on the left protested the sudden shift, even forming a network on Obama’s website to castigate him.

Obama attempted to smooth over the rift in a statement posted to that online network yesterday.

“Given the choice between voting for an improved yet imperfect bill, and losing important surveillance tools, I’ve chosen to support the current compromise,” Obama wrote to the backers disenchanted with his move.

Read moreBush poised for victory as US Congress nears approval of wiretapping bill

“Radical” Iranian Bloggers Could Face Death for Their Writings


“Don’t be upset, we’ll execute you legally.” (Source: Abdol-Qader Balouch/Global Voice Online)

Iranian legislation seeks to K-line bloggers from the real world

A draft bill in the Iranian parliament is set to give bloggers the death penalty, if the government deems their writing as advocating corruption, prostitution, or desertion of Islam.

If so classified, bloggers will join those guilty of the above crimes in the real world to be branded as mohareb (an enemy of God) and “corrupt of the earth” – making him or her eligible for punishments ranging from exile, to amputations, to execution.

Further, if the bill becomes law, punishment bestowed by the system “cannot be commuted, suspended, or changed.”

Iranian bloggers and human rights activists fear the ease in which the government could casually accuse bloggers of offending the country’s strict interpretation of Islamic law.

Anti-censorship activist group Global Voice Online notes that about 18 months ago the Iranian government demanded bloggers register their websites, although the initiative failed to produce meaningful results. Bloggers widely considered registration as an enabler for future government suppression, and many proudly displayed an “I do not register my blog/site” badge in defiance of the mandate.

“Mentioning ‘blogging’ among crimes such as kidnapping, raping, armed robbery makes accusing bloggers easier than before… Such a law will harm the mental security of society more than the poor bloggers, who do not know what awaits them,” said Iranian blogger Mojtaba Saminejad. According to a Wikipedia bio linked by his “About Me” page, Saminejad spent 21 months in an Iranian prison beginning in 2005, including an alleged 88 days of solitary confinement and torture, due to a 2004 post reporting the arrest of three other bloggers. His official charges listed Saminejad as having insulted Iran’s head of state and “endangering national security.”

Read more“Radical” Iranian Bloggers Could Face Death for Their Writings

Youtube to hand over all user histories and IP addresses!

Google will have to turn over every record of every video watched by YouTube users, including users’ names and IP addresses, to Viacom, which is suing Google for allowing clips of its copyright videos to appear on YouTube, a judge ruled Wednesday.

Viacom wants the data to prove that infringing material is more popular than user-created videos, which could be used to increase Google’s liability if it is found guilty of contributory infringement.

Viacom filed suit against Google in March 2007, seeking more than $1 billion in damages for allowing users to upload clips of Viacom’s copyright material. Google argues that the law provides a safe harbor for online services so long as they comply with copyright takedown requests.

Although Google argued that turning over the data would invade its users’ privacy, the judge’s ruling (.pdf) described that argument as “speculative” and ordered Google to turn over the logs on a set of four tera-byte hard drives.

The judge also turned Google’s own defense of its data retention policies — that IP addresses of computers aren’t personally revealing in and of themselves, against it to justify the log dump.

The Electronic Frontier Foundation has already reacted, calling the order a violation of the Video Privacy Protection act that “threatens to expose deeply private information.”

The order also requires Google to turn over copies of all videos that it has taken down for any reason.

Viacom also requested YouTube’s source code, the code for identifying repeat copyright infringement uploads, copies of all videos marked private, and Google’s advertising database schema.

Those requests were denied in whole, except that Google will have to turn over data about how often each private video has been watched and by how many persons.

Read moreYoutube to hand over all user histories and IP addresses!

AT&T Whistleblower: Spy Bill Creates Infrastructure for a Police State

(What a courageous man! – The Infinite Unknown)

Mark Klein, the retired AT&T engineer who stepped forward with the technical documents at the heart of the anti-wiretapping case against AT&T, is furious at the Senate’s vote on Wednesday night to hold a vote on a bill intended to put an end to that lawsuit and more than 30 others.

[Wednesday]’s vote by Congress effectively gives retroactive immunity to the telecom companies and endorses an all-powerful president. It’s a Congressional coup against the Constitution.

The Democratic leadership is touting the deal as a “compromise,” but in fact they have endorsed the infamous Nuremberg defense: “Just following orders.” The judge can only check their paperwork. This cynical deal is a Democratic exercise in deceit and cowardice.

Klein saw a network monitoring room being built in AT&T’s internet switching center that only NSA-approved techs had access to. He squirreled away documents and then presented them to the press and the Electronic Frontier Foundation after news of the government’s warrantless wiretapping program broke.

Wired.com independently acquired a copy of the documents (.pdf) — which were under court seal — and published the wiring documents in May 2006 so that they could be evaluated.

The lawsuit that resulted from his documents is now waiting on the 9th U.S. Appeals Court to rule on whether it can proceed despite the government saying the whole matter is a state secret. A lower court judge ruled that it could, because the government admitted the program existed and that the courts could handle evidence safely and in secret.

But the appeals court ruling will likely never see the light of day, since the Senate is set to vote on July 8 on the FISA Amendments Act of 2008, which also largely legalizes Bush’s warrantless wiretapping program by expanding how the government can wiretap from inside the United States without getting individualized court orders.

Klein continues:

Congress has made the FISA law a dead letter–such a law is useless if the president can break it with impunity. Thus the Democrats have surreptitiously repudiated the main reform of the post-Watergate era and adopted Nixon’s line: “When the president does it that means that it is not illegal.” This is the judicial logic of a dictatorship.

The surveillance system now approved by Congress provides the physical apparatus for the government to collect and store a huge database on virtually the entire population, available for data mining whenever the government wants to target its political opponents at any given moment-all in the hands of an unrestrained executive power. It is the infrastructure for a police state.

Read moreAT&T Whistleblower: Spy Bill Creates Infrastructure for a Police State

UK: Parents banned from ferrying children to sports matches

Hundreds of thousands of parents will be banned from ferrying children to sports matches next year unless they have had criminal records checks, under new rules.

The clampdown is part of an escalation in child protection policies which will see 11 million adults vetted before they come into contact with children or vulnerable adults.

Under new regulations, parents who are asked by the organisers of a children’s sports team to take other children to sports fixtures like football or cricket matches will have to be vetted.

Read moreUK: Parents banned from ferrying children to sports matches

Is Britain on the slippery slope to dictatorship?

The democracy-loving British public would never put up with dictatorship – or would they?

An 82-year-old former bomber pilot I met in the street the other day said: “Supermen. Ha! If Hitler had come over here we would have given him a proper kick up the jackside.” As Michael White suggests, British people are fond of the myth that they won’t tolerate dictatorships, despite the fact that there were many fascist sympathisers in Britain in the 1930s.

Yes, we do live in a relatively free and secular country – just ask any young Afghani woman studying at a college here for her opinion. But there is also evidence around us that the British government is engaging in repression. And not just in Iraq or Afghanistan, but here in Britain. Perhaps those of us who have lived for a time under dictatorships can spot some of the warning signs:

  • Inconvenient elections are avoided in the name of getting on with the job.
  • Leaders of the opposition are character-assassinated by the state media.
  • Institutions like the legislature begin to lose their independence and traditional role.
  • Citizens are increasingly afraid to speak openly on certain issues.
  • Citizens are observed and monitored on cameras and the government can tap into their conversations at will.
  • Governments can snatch anyone from their homes or off the street and detain them without trial on charges of treason or terrorism.
  • Ethnic and religious minorities are persecuted and are made into scapegoats.
  • The state increasingly intervenes in family and community life in an attempt to control citizens’ behaviour.
  • The focus of discussion moves away from the issues and into a narrative of political rivalries and gossip spreads.
  • Governments use bread and circuses to shut people up and distract attention away from their increasing political impotence.
  • Public spaces for demonstrations are closed down and restricted.
  • Large and ridiculous monuments are built to impress the citizens.
  • Individuals have to carry ID with them at all times and the government holds large amounts of information on every citizen.

How does the British government rate on the dictatorship scale? How close are we to Zimbabwe under Zanu? How far away are we from, say, Norway?

Read moreIs Britain on the slippery slope to dictatorship?

Seizing Laptops and Cameras Without Cause

Returning from a brief vacation to Germany in February, Bill Hogan was selected for additional screening by customs officials at Dulles International Airport outside Washington, D.C. Agents searched Hogan’s luggage and then popped an unexpected question: Was he carrying any digital media cards or drives in his pockets? “Then they told me that they were impounding my laptop,” says Hogan, a freelance investigative reporter whose recent stories have ranged from the origins of the Iraq war to the impact of money in presidential politics.

Shaken by the encounter, Hogan says he left the airport and examined his bags, finding that the agents had also removed and inspected the memory card from his digital camera. “It was fortunate that I didn’t use that machine for work or I would have had to call up all my sources and tell them that the government had just seized their information,” he said. When customs offered to return the machine nearly two weeks later, Hogan told them to ship it to his lawyer.

The extent of the program to confiscate electronics at customs points is unclear. A hearing Wednesday before the Senate Committee on the Judiciary’s Subcommittee on the Constitution hopes to learn more about the extent of the program and safeguards to traveler’s privacy. Lawsuits have also been filed, challenging how the program selects travelers for inspection. Citing those lawsuits, Customs and Border Protection, a division of the Department of Homeland Security, refuses to say exactly how common the practice is, how many computers, portable storage drives, and BlackBerries have been inspected and confiscated, or what happens to the devices once they are seized. Congressional investigators and plaintiffs involved in lawsuits believe that digital copies?so-called “mirror images” of drives?are sometimes made of materials after they are seized by customs.

A ruling this year by the 9th Circuit Court of Appeals found that DHS does indeed have the authority to search electronic devices without suspicion in the same way that it would inspect a briefcase. The lawsuit that prompted the ruling was the result of more than 20 cases, most of which involved laptops, cellphones, or other electronics seized at airports. In those cases, nearly all of the individuals were of Muslim, Middle Eastern, or South Asian background.

Read moreSeizing Laptops and Cameras Without Cause

Five Myths About the New Wiretapping Law

Why it’s a lot worse than you think.


Rep. Steny Hoyer

Sometime today, the Senate is likely to approve the most comprehensive overhaul of American surveillance law since the Watergate era. Unless you’re a government lawyer, a legal scholar, a masochist, or an insomniac, chances are you haven’t read the 114-page bill. Don’t beat yourself up: Neither have most of the 293 House members who voted for it last week. Ditto the mainstream press, who seem to have relied chiefly on summaries provided by the same lawmakers who hadn’t read it.

To be fair, wiretapping is so classified, and the language of the bill so opaque, that no one without a “top secret” clearance can say with any authority just how much surveillance the proposal will authorize the government to do. (The best assessment yet comes from former Justice Department official David Kris, who deems the legislation “so intricate” that it risks confusing even “the government officials who must apply it.”)

Out of the echo chamber of ignorance and self-serving political cant, a number of myths have begun to emerge. We may never know for sure everything that this new legislation entails. But here are a few things that it most certainly doesn’t.

Myth No. 1: This bill is a compromise.

The House bill “is the result of a compromise,” one of its architects, Steny Hoyer, D-Md., maintained the other day. But in truth, Hoyer and his colleagues gave the White House most of what it asked for, dramatically expanding the government’s surveillance capabilities without demanding any serious concessions in exchange. Sen. Russ Feingold, D-Wis., calls the deal “a capitulation,” and he’s right. Why else would the White House express its approval so quickly, after a full year in which President Bush petulantly vowed not to sign any legislation that obliged him to concede too much? Sen. Kit Bond, R-Mo., offered an honest appraisal: “I think the White House got a better deal than even they had hoped.”

Myth No. 2: We need the bill to intercept our enemies abroad.

Read moreFive Myths About the New Wiretapping Law

Canada: New law targets stoned drivers

Roadside tests to detect drug use. Demanding bodily fluids is an intrusive, unreliable form of testing, critics warn

Drivers who get behind the wheel while high on drugs will face roadside testing and they could be ordered to surrender urine, blood or saliva samples at the police station under a controversial new law that takes effect one week from today.

Drivers who refuse to comply will be subject to a minimum $1,000 fine – the same penalty for refusing the breathalyzer.

Read moreCanada: New law targets stoned drivers

Democrats Have Legalized Bush’s Crimes

House Speaker Nancy Pelosi claims that a key positive feature of the new wiretap “compromise” is that the bill reaffirms that the President must follow the law, even though the same bill virtually assures that no one will be held accountable for George W. Bush’s violation of the earlier spying law.

In other words, in the guise of rejecting Bush’s theories of an all-powerful presidency that is above the law, the Democratic leadership cleared the way for the President and his collaborators to evade punishment for defying the law.

So, why should anyone assume that the new legislative edict demanding that the President obey the law will get any more respect than the old one, which established the Foreign Intelligence Surveillance Act of 1978 as the “exclusive” means for authorizing electronic spying?

It wasn’t that Bush and his team didn’t understand the old law’s language; they simply believed they could violate the law without consequence, under the radical theory that at a time of war – even one as vaguely defined as the “war on terror” – the President’s powers trump all laws as well as the constitutional rights of citizens.

Essentially, Bush was betting that even if his warrantless wiretap program was disclosed – as it was in December 2005 – that he could trust his Republican congressional allies to protect him and could count on most Democrats not to have the guts to challenge him.

Read moreDemocrats Have Legalized Bush’s Crimes

Senate Housing Bill Requires eBay, Amazon, Google, and All Credit Card Companies to Report Transactions to the Government

Broad, invasive provision touches nearly every aspect of American commerce.

Washington, DC –  Hidden deep in Senator Christopher Dodd’s 630-page Senate housing legislation is a sweeping provision that affects the privacy and operation of nearly all of America’s small businesses. The provision, which was added by the bill’s managers without debate this week, would require the nation’s payment systems to track, aggregate, and report information on nearly every electronic transaction to the federal government.

Call Congress and Tell Them to Oppose The eBay Reporting Provision in the Housing Bill: 1-866-928-3035

FreedomWorks Chairman Dick Armey commented: “This is a provision with astonishing reach, and it was slipped into the bill just this week. Not only does it affect nearly every credit card transaction in America, such as Visa, MasterCard, Discover, and American Express, but the bill specifically targets payment systems like eBay’s PayPal, Amazon, and Google Checkout that are used by many small online businesses. The privacy implications for America’s small businesses are breathtaking.”

“Privacy groups like the Center for Democracy and Technology and small business organizations like the NFIB sharply criticized this idea when it first appeared earlier this year. What is the federal government’s purpose with this kind of detailed data? How will this database be secured, and who will have access? Many small proprietors use their Social Security number as their tax ID. How will their privacy be protected? What compliance costs will this impose on businesses? Why is Sen. Chris Dodd putting this provision in a housing bailout bill? The bill also includes the creation of a new national fingerprint registry for mortgage brokers.

“At a time when concerns about both identity theft and government spying are paramount, Congress wants to create a new honey pot of private data that includes Social Security numbers. This bill reduces privacy across America’s payment processing systems and treats every American small business or eBay power seller like a criminal on parole by requiring an unprecedented level of reporting to the federal government. This outrageous idea is another reason to delay the housing bailout legislation so that Senators and the public at large have time to examine its full implications.”

From the Senate Bill Summary:

Read moreSenate Housing Bill Requires eBay, Amazon, Google, and All Credit Card Companies to Report Transactions to the Government