Saturday, October 26, 2013

First Public Protest to NSA Surveillance State

Thousands gather in Washington for anti-NSA 

'Stop Watching Us' Rally

Statement from whistleblower Edward Snowden read to crowd featuring groups from left and right of political spectrum  -  GUARDIAN - London

Friday, October 25, 2013

NSA Bugs Friendly Leaders' Phones

NSA Monitored Calls of 35 World Leaders After US Official Handed Over Contacts

Angela Merkel was right. Leaders calling it "unprecedented breach of trust."
Photo Credit: Terrance Emerson/Shutterstock.com
 
The National Security Agency monitored the phone conversations of 35 world leaders after being given the numbers by an official in another US government department, according to a classified document provided by whistleblower Edward Snowden.
The confidential memo reveals that the  NSA encourages senior officials in its "customer" departments, such the White House, State and the Pentagon, to share their "Rolodexes" so the agency can add the phone numbers of leading foreign politicians to their  surveillance systems.
The document notes that one unnamed US official handed over 200 numbers, including those of the 35 world leaders, none of whom is named. These were immediately "tasked" for monitoring by the NSA.
The revelation is set to add to mounting diplomatic tensions between the US and its allies, after the German chancellor  Angela Merkel on Wednesday  accused the US of tapping her mobile phone.
After Merkel's allegations became public, White House press secretary Jay Carney issued a statement that said the US "is not monitoring and will not monitor" the German chancellor's communications. But that failed to quell the row, as officials in Berlin quickly pointed out that the US did not deny monitoring the phone in the past.
The NSA memo obtained by the Guardian suggests that such surveillance was not isolated, as the agency routinely monitors the phone numbers of world leaders – and even asks for the assistance of other US officials to do so.
The memo, dated October 2006 and which was issued to staff in the agency's Signals Intelligence Directorate (SID), was titled "Customers Can Help SID Obtain Targetable Phone Numbers".
It begins by setting out an example of how US officials who mixed with world leaders and politicians could help agency surveillance.
"In one recent case," the memo notes, "a US official provided NSA with 200 phone numbers to 35 world leaders … Despite the fact that the majority is probably available via open source, the PCs [intelligence production centers] have noted 43 previously unknown phone numbers. These numbers plus several others have been tasked."
The document continues by saying the new phone numbers had helped the agency discover still more new contact details to add to their monitoring: "These numbers have provided lead information to other numbers that have subsequently been tasked."
But the memo acknowledges that eavesdropping on the numbers had produced "little reportable intelligence". In the wake of the Merkel row, the US is facing growing international criticism that any intelligence benefit from spying on friendly governments is far outweighed by the potential diplomatic damage.
The memo then asks analysts to think about any customers they currently serve who might similarly be happy to turn over details of their contacts.
"This success leads S2 [Signals Intelligence] to wonder if there are NSA liaisons whose supported customers may be willing to share their 'Rolodexes' or phone lists with NSA as potential sources of intelligence," it states. "S2 welcomes such information!"
The document suggests that sometimes these offers come unsolicited, with US "customers" spontaneously offering the agency access to their overseas networks.
"From time to time, SID is offered access to the personal contact databases of US officials," it states. "Such 'Rolodexes' may contain contact information for foreign political or military leaders, to include direct line, fax, residence and cellular numbers."
The Guardian approached the  Obama administration for comment on the latest document. Officials declined to respond directly to the new material, instead referring to comments delivered by Carney at Thursday's daily briefing.
Carney told reporters: "The [NSA] revelations have clearly caused tension in our relationships with some countries, and we are dealing with that through diplomatic channels.

Editor:  Sounds like NSA spin.  Instead of hard wiring and grabbing, hacking they Get Numbers from Friends in other Departments.  Maybe.  The point is, they swore to never listen to US citizens.  They have violated their oath of Office, for at least a decade, and need to be fired.  And not allowed to work in "intelligence" again.

Thursday, October 24, 2013

Right-wing German Gov't Outraged at NSA Spying

Germany summons US ambassador over claim NSA bugged Merkel's phone

Allegations that US spying has reached highest level of government met with outrage and disappointment in Germany

Guido Westerwelle
The decision by Germany's foreign minister, Guido Westerwelle, to summon the ambassador was seen as an unusally drastic move. Photograph: Corbis
 
Germany's foreign minister, Guido Westerwelle, has called the US ambassador to a personal meeting to discuss allegations that US secret services bugged Angela Merkel's mobile phone.
The decision to call in John B Emerson, who has only been the US representative in Berlin since mid-August, is an unusually drastic measure. During previous upheavals in relations, such as over the Syrian crisis, conversations have taken place between diplomats.

Allegations that the US government's spying had reached the highest level were met with outrage and disappointment in Germany on Thursday. The country's defence minister, Thomas de Maiziere, told ARD television it would be bad if the reports turned out to be true. Washington and Berlin could not return to business as usual, he said.

Informed sources in Germany said Merkel was livid about the reports that the NSA had bugged her phone and was convinced, on the basis of a German intelligence investigation, that the reports were utterly substantiated.

The German news weekly, Der Spiegel, reported an investigation by German intelligence, prompted by research from the magazine, that produced plausible information that the chancellor's mobile was targeted by the US eavesdropping agency. She found the evidence substantial enough to call the White House and demand clarification.

The outrage in Berlin came days after the French president, François Hollande, called the White House to confront Barack Obama with reports that the NSA was targeting the private phone calls and text messages of millions of French people.
Link to video: Merkel's phone bug: EU commission calls for action on data protection

While European leaders have generally been keen to play down the impact of the whistleblowing disclosures in recent months, events in the EU's two biggest countries this week threatened an increasing lack of trust in transatlantic relations.

On Wednesday Merkel's spokesman, Steffen Seibert, made plain that the chancellor upbraided Obama unusually sharply and also voiced exasperation at the slowness of the Americans to respond to detailed questions about the NSA scandal since the Snowden revelations first appeared in the Guardian in June.

Merkel told Obama that "she unmistakably disapproves of and views as completely unacceptable such practices, if the indications are authenticated", Seifert said. "This would be a serious breach of confidence. Such practices have to be halted immediately."

The sharpness of the German complaint direct to a US president strongly suggested that Berlin had no doubt about the grounds for protest. Seibert voiced irritation that Berlin had waited for months for proper answers from Washington on the NSA operations.

On Thursday Süddeutsche Zeitung conveyed a strong sense of the depth of disillusionment with the US president in Germany when it wrote that "Barack Obama is not a Nobel peace prize winner, he is a troublemaker".

In a comment piece in the German broadsheet, Robert Rossmann wrote that during his last visit to Germany, "the American president had flamboyantly promised more trusting collaboration between the countries. Even Merkel seems to have lost faith in that promise by now. One doesn't dare imagine how Obama's secret services deal with enemy states, when we see how they treat their closest allies."
Die Zeit wrote that Obama's "half-hearted denial" of the allegations raised more questions than it answered. "Was Merkel's mobile the target of NSA surveillance in the past? … It is time for Obama and the US Congress to be ruthlessly transparent about the macabre practices of the NSA and restrain them strongly. They promised it months ago, but until recently very little has happened. With each revelation trust is eroded further. If America wants to stop annoying its friends and allies, it only has one option. Get on the front foot and be open."

Criticism was not focused solely on Obama, but was extended to Merkel, whose chief of staff only recently declared that the NSA scandal was finished. Many feel Merkel failed to react appropriately to the Snowden revelations, and was only stepping up the rhetoric now that she had been personally affected.

Germany's data protection commissioner, Peter Schaar, said that the reports showed "the absurdity of politicians trying to draw to a close the debate about surveillance of everyday communication here". He said it had been irresponsible of politicians not to be more upfront in calling for the US to clear up the matter.

Anke Domscheit-Berg, of the German Pirate party, told the Guardian: "In the past few months, Chancellor Merkel did very little to make the US government answer all those questions that should have had highest political priority. Now she gets a taste of what it feels like when foreign secret services spy on all your communication. We have stopped trusting empty promises and so should Angela Merkel. It is about time to get all dirty secrets on the table."

The debate in the coming days is likely to focus on how the allegations will affect new data protection regulation at the European level, with some MEPs calling for a Europe-only data cloud. In Frankfurter Allgemeine Zeitung, Georg Mascolo and Ben Scott warned of the creation of a "digital Maginot line" between Europe and the US, and instead called for a "no-spy treaty" between European countries.

"Storing data and surveillance would only be allowed for previously agreed goals – the fight against terrorism, the proliferation of weapons of mass destruction as well as grave acts of crime. All forms of political and economic espionage would be banned. The privacy of every EU citizen has to be respected by each EU secret service as if they were their own."


Tuesday, October 22, 2013

Slipping Past NSA Spies

New Google technology ‘uProxy’ to provide uncensored Internet for global activists

Published time: October 22, 2013 00:45
Edited time: October 22, 2013 13:33
Reuters / Cathal McNaughton
Reuters / Cathal McNaughton
Internet privacy advocates and activists suffering under repressive government regimes may now have a new avenue for free expression with uProxy, a tool developed by Google that is expected to bypass censorship and invasive government monitoring.
Developed by Google’s New York City-based think tank Google Ideas, uProxy is a peer-to-peer service that allows one to establish an encrypted internet connection with someone they trust. Google, which provided the funding to developers Brave New Software and the University of Washington, hopes the new technology will outwit government officials around the world who have cracked down on the internet in recent years.
“If you look at existing proxy tools today, as soon as they’re effective for dissidents, the government finds out about them and either blocks them or infiltrates them,” Jared Cohen, director of Google Ideas, told Time magazine. “Every dissident we know in every repressive society has friends outside the country whom they know and trust. What if those trusted friends could unblock the access in those repressive societies by sharing their own access? That was the problem we tried to solve.”
Like Tor, uProxy consists of a simple browser extension that is capable of finding a user’s friends on Facebook. The service, currently in “restricted beta” mode, is not an anonymizing network like Tor but will render an individual connection indistinguishable from all other encrypted conversations online. That anonymity might itself be valuable, considering the lengths that agencies such as the NSA have gone to in order to crack Tor’s security.
“There’s no uProxy-specific mark on traffic that identifies the traffic as being sent by uProxy,” the service’s website notes.
A user in the US would essentially be able to provide an American connection to a friend in Iran, for example, without fear that the link would be revealed.
“The user in Iran can get unfiltered access to the internet that’s completely uncensored and will look just like it does in the US,” Cohen went on. “Every dissident we know in every repressive society has friend outside the country whom they know and trust. What if those trusted friends could unblock the access in those repressive societies by sharing their own access? That was the problem we tried to solve.”
“This is a company of activists and white-hat hackers,” he said. “When you work at Google and tell these engineers that their skill-set is relevant to somebody in Iran who doesn’t have access to information in their country or the rest of the world, it really inspires them to want to do something about it. There is a genuine altruism that exists at this company, and that’s why I’m here and not anywhere else.”
Google Ideas will introduce uProxy in a New York City conference titled “Conflict in a Connected World.” The event will also be the debut of Project Shield, a measure that will help human rights groups, major media organizations, and others fend off the distributed denial-of-service (DDoS) attacks which incapacitate a website by overwhelming it with traffic.
“We believe in human rights, we believe in free expression,” Cohen said. “We believe in election monitoring, and we believe in independent media.”

Monday, October 21, 2013

C. Hedges: Class War Has Begun

Let’s Get This Class War Started

Hedges: “The sooner we realize that we are locked in deadly warfare with our ruling, corporate elite, the sooner we will realize that these elites must be overthrown.”

Editor - Occupy is way ahead of Professor Hedges.  Like where are our Forces?  The hundreds of earnest Occupiers?  Their thousands of silver haired, well meaning supporters?  Overthrow the US Army?  With a couple of thousand earnest rebels?  You are joking, Prof. Hedges.  I hope.

“The rich are different from us,” F. Scott Fitzgerald is said to have remarked to Ernest Hemingway, to which Hemingway allegedly replied, “Yes, they have more money.”
 
Class war only when we fight back

The exchange, although it never actually took place, sums up a wisdom Fitzgerald had that eluded Hemingway. The rich are different. The cocoon of wealth and privilege permits the rich to turn those around them into compliant workers, hangers-on, servants, flatterers and sycophants. Wealth breeds, as Fitzgerald illustrated in “The Great Gatsby” and his short story “The Rich Boy,” a class of people for whom human beings are disposable commodities. Colleagues, associates, employees, kitchen staff, servants, gardeners, tutors, personal trainers, even friends and family, bend to the whims of the wealthy or disappear. Once oligarchs achieve unchecked economic and political power, as they have in the United States, the citizens too become disposable.

The public face of the oligarchic class bears little resemblance to the private face. I, like Fitzgerald, was thrown into the embrace of the upper crust when young. I was shipped off as a scholarship student at the age of 10 to an exclusive New England boarding school. I had classmates whose fathers—fathers they rarely saw—arrived at the school in their limousines accompanied by personal photographers (and at times their mistresses), so the press could be fed images of rich and famous men playing the role of good fathers. I spent time in the homes of the ultra-rich and powerful, watching my classmates, who were children, callously order around men and women who worked as their chauffeurs, cooks, nannies and servants. When the sons and daughters of the rich get into serious trouble there are always lawyers, publicists and political personages to protect them—George W. Bush’s life is a case study in the insidious affirmative action for the rich. The rich have a snobbish disdain for the poor—despite well-publicized acts of philanthropy—and the middle class. These lower classes are viewed as uncouth parasites, annoyances that have to be endured, at times placated and always controlled in the quest to amass more power and money. My hatred of authority, along with my loathing for the pretensions, heartlessness and sense of entitlement of the rich, comes from living among the privileged. It was a deeply unpleasant experience. But it exposed me to their insatiable selfishness and hedonism. I learned, as a boy, who were my enemies.

Class war no war but class war

The inability to grasp the pathology of our oligarchic rulers is one of our gravest faults. We have been blinded to the depravity of our ruling elite by the relentless propaganda of public relations firms that work on behalf of corporations and the rich. Compliant politicians, clueless entertainers and our vapid, corporate-funded popular culture, which holds up the rich as leaders to emulate and assures us that through diligence and hard work we can join them, keep us from seeing the truth.
“They were careless people, Tom and Daisy,” Fitzgerald wrote of the wealthy couple at the center of Gatsby’s life. “They smashed up things and creatures and then retreated back into their money or their vast carelessness, or whatever it was that kept them together, and let other people clean up the mess they had made.”

Aristotle, Niccolò Machiavelli, Alexis de Tocqueville, Adam Smith and Karl Marx all began from the premise there is a natural antagonism between the rich and the masses. “Those who have too much of the goods of fortune, strength, wealth, friends, and the like, are neither willing nor able to submit to authority,” Aristotle wrote in “Politics.” “The evil begins at home; for when they are boys, by reason of the luxury in which they are brought up, they never learn, even at school, the habit of obedience.” Oligarchs, these philosophers knew, are schooled in the mechanisms of manipulation, subtle and overt repression and exploitation to protect their wealth and power at our expense. Foremost among their mechanisms of control is the control of ideas. Ruling elites ensure that the established intellectual class is subservient to an ideology—in this case free market capitalism and globalization—that justifies their greed. “The ruling ideas are nothing more than the ideal expression of the dominant material relationships,” Marx wrote, “the dominant material relationships grasped as ideas.”

The blanket dissemination of the ideology of free market capitalism through the media and the purging, especially in academia, of critical voices have permitted our oligarchs to orchestrate the largest income inequality gap in the industrialized world. The top 1 percent in the United States own 40 percent of the nation’s wealth while the bottom 80 percent own only 7 percent, as Joseph E. Stiglitz wrote in “The Price of Inequality.” For every dollar that the wealthiest 0.1 percent amassed in 1980 they had an additional $3 in yearly income in 2008, David Cay Johnston explained in the article “9 Things the Rich Don’t Want You to Know About Taxes.” The bottom 90 percent, Johnson said, in the same period added only one cent. Half of the country is now classified as poor or low-income. The real value of the minimum wage has fallen by $2.77 since 1968. Oligarchs do not believe in self-sacrifice for the common good. They never have. They never will. They are the cancer of democracy.


Class war and we're losing

“We Americans are not usually thought to be a submissive people, but of course we are,” Wendell Berry writes. “Why else would we allow our country to be destroyed? Why else would we be rewarding its destroyers? Why else would we all—by proxies we have given to greedy corporations and corrupt politicians—be participating in its destruction? Most of us are still too sane to piss in our own cistern, but we allow others to do so and we reward them for it. We reward them so well, in fact, that those who piss in our cistern are wealthier than the rest of us. How do we submit? By not being radical enough. Or by not being thorough enough, which is the same thing.”

The rise of an oligarchic state offers a nation two routes, according to Aristotle. The impoverished masses either revolt to rectify the imbalance of wealth and power or the oligarchs establish a brutal tyranny to keep the masses forcibly enslaved. We have chosen the second of Aristotle’s options. The slow advances we made in the early 20th century through unions, government regulation, the New Deal, the courts, an alternative press and mass movements have been reversed. The oligarchs are turning us—as they did in the 19th century steel and textile factories—into disposable human beings. They are building the most pervasive security and surveillance apparatus in human history to keep us submissive.

This imbalance would not have disturbed most of our Founding Fathers. The Founding Fathers, largely wealthy slaveholders, feared direct democracy. They rigged our political process to thwart popular rule and protect the property rights of the native aristocracy. The masses were to be kept at bay. The Electoral College, the original power of the states to appoint senators, the disenfranchisement of women, Native Americans, African-Americans and men without property locked most people out of the democratic process at the beginning of the republic. We had to fight for our voice. Hundreds of workers were killed and thousands were wounded in our labor wars. The violence dwarfed the labor battles in any other industrialized nation. The democratic openings we achieved were fought for and paid for with the blood of abolitionists, African-Americans, suffragists, workers and those in the anti-war and civil rights movements. Our radical movements, repressed and ruthlessly dismantled in the name of anti-communism, were the real engines of equality and social justice. The squalor and suffering inflicted on workers by the oligarchic class in the 19th century is mirrored in the present, now that we have been stripped of protection. Dissent is once again a criminal act. The Mellons, Rockefellers and Carnegies at the turn of the last century sought to create a nation of masters and serfs. The modern corporate incarnation of this 19th century oligarchic elite has created a worldwide neofeudalism, where workers across the planet toil in misery while corporate oligarchs amass hundreds of millions in personal

wealth.Revolution Its Time

Class struggle defines most of human history. Marx got this right. The sooner we realize that we are locked in deadly warfare with our ruling, corporate elite, the sooner we will realize that these elites must be overthrown.

The corporate oligarchs have now seized all institutional systems of power in the United States. Electoral politics, internal security, the judiciary, our universities, the arts and finance, along with nearly all forms of communication, are in corporate hands. Our democracy, with faux debates between two corporate parties, is meaningless political theater. There is no way within the system to defy the demands of Wall Street, the fossil fuel industry or war profiteers. The only route left to us, as Aristotle knew, is revolt.

It is not a new story. The rich, throughout history, have found ways to subjugate and re-subjugate the masses. And the masses, throughout history, have cyclically awoken to throw off their chains. The ceaseless fight in human societies between the despotic power of the rich and the struggle for justice and equality lies at the heart of Fitzgerald’s novel, which uses the story of Gatsby to carry out a fierce indictment of capitalism. Fitzgerald was reading Oswald Spengler’s “The Decline of the West” as he was writing “The Great Gatsby.” Spengler predicted that, as Western democracies calcified and died, a class of “monied thugs” would replace the traditional political elites. Spengler was right about that.
“There are only two or three human stories,” Willa Cather wrote, “and they go on repeating themselves as fiercely as if they had never happened before.”

The seesaw of history has thrust the oligarchs once again into the sky. We sit humiliated and broken on the ground. It is an old battle. It has been fought over and over in human history. We never seem to learn. It is time to grab our pitchforks.

Editor - Ha ha.  Chris Hedges was kidding.  Pitchforks?  Ha ha..  But then, why urge revolt?
The SDS Weathermen revolted.  Unconnected to the masses, the Weather people bombed and rebelled.  The Corporate Media portrayed them as Terrorists.  The masses did not know them.
They were hunted and jailed.  Pointless. Other Columbia SDS went to work organizing workers against the War. Known as RYM II, these organizers caused 8 Wildcat walkouts in one year, and finally a long strike of an entire State's workers. (135,000). 
Many people believe this is what needs to be done now.  Progressives need to begin building relationships with Labor leadersThey are reaching out to Progressives and Non Profits for support.  We need to Welcome these mighty Union leaders.  They have millions of Members.  They are well-financed.  They are being attacked by greedy Banks and the US Chamber of Commerce.



Sunday, October 20, 2013

Tea Party vs Wall Street, Big Business, NSA

"The media used to love to say that politicians were worthless because they were controlled by Wall Street," said Idaho GOP Rep. Raul Labrador at a Heritage Foundation-sponsored forum this week. "They were controlled by business. They were controlled by special interests.

The only group that has stood up to Wall Street, to the special interests, to the big businesses, has been the Tea Party.  (Also the NSA and DOD cuts -ed).

For the last two weeks, I've read about that in your papers, but it has been in a derisive manner. We are uncontrollable-because Wall Street can't control us. We are uncontrollable because business can't control us.

Instead of praising that, that which the American people have been waiting for for the last 200 years, politicians listening to the people instead of the ruling class, you guys have been writing about that in a derisive manner. I think that's really sad."  (really bad journalism)

Editor.  Tea Party leader Justin Amash (R-Michigan) has called for DOD cuts and NSA reform
He also led the fight against Obama's rush to bomb Syria, Yemen, Mali. 
Progressives can ally with Justin on NSA, DHS, Patriot Act, Syria, Yemen, et al
Just not on our divisive Obamacare.  (He's young, and not thinking
about retirement yet)



Saturday, October 19, 2013

Chase Pays $13 Billion for Criminal Fraud

JPMorgan to Pay $13 Billion for 

Mortgage Claims

Saturday, 19 Oct 2013 05:43 PM
 
Share:
JPMorgan Chase has reached a tentative $13 billion agreement with the U.S. Justice Department to settle a range of mortgage issues, a source familiar with the talks said on Saturday.

The tentative deal does not release the bank from criminal liability, a factor that had been a major sticking point in the discussions, the source said.

As part of the deal, the bank will continue to cooperate in criminal inquiries into certain individuals involved in the conduct at issue, the source, who declined to be identified.

Officials at JPMorgan and the Justice Department declined to comment.

A breakthrough in the weeks-long talks came Friday night, after Attorney General Eric Holder and JPMorgan Chief Executive Jamie Dimon spoke on the phone and the bank agreed to leave criminal liability out of the settlement, the source said.

The bank and the Justice Department have been discussing a broad deal that would resolve not only a civil investigation into mortgage securities that the bank sold in the runup to the financial crisis, but also similar lawsuits from the Federal Housing Finance Agency, the National Credit Union Administration, the state of New York and others.


Friday, October 18, 2013

Senate Women Win for All Citizens

11 Things You Don’t Know About The Senate Sisterhood

And other stuff I learned reporting the Senate women’s story
I have a story in this week’s magazine about the 20 Senate women and their growing—and positive—influence on the Upper Chamber. You can credit the tight, bipartisan bonds that these women have formed for not only seeding the compromise that reopened the government, but the vast majority of the legislation passed this session.

Senate Appropriations Committee Chair Mikulski pushed through a government funding bill in January that avoided both a government shutdown and a default on U.S. debt; Budget Committee Chair Patty Murray passed the first Democratic budget in four years; Environment and Public Works Committee Chair Barbara Boxer saw through a $105 billion transportation bill and a $12.5 billion water resources bill; Agriculture Committee Chair Debbie Stabenow got the  $955 billion farm bill passed; and all 20 women banded together to see the Violence Against Women Act signed into law. Except for immigration reform, every major bill passed this session has been authored by a woman.

I spent nearly six months reporting this story, interviewing 14 of the senators, some of them multiple times, as well as all 20 of the women’s staffs. So, of course, much of my reporting didn’t make it into the story. Here are 10 things—facts, anecdotes, stories—that didn’t make it into the print piece.

1) Women did not begin to maintain a multiple presence in the Senate until 1992. Most of the women elected that cycle—Democrats Patty Murray of Washington, Illinois’ Carol Mosley Braun and Californians Dianne Feinstein and Barbara Boxer— ran to change Congress after watching male senators beat up on Anita Hill during Supreme Court Justice Clarence Thomas’s confirmation hearings.

2) Until 1992 almost all the women elected to the Senate were filling seats for a relation. But in the last 20 years, more and more women are getting elected in their own right. These days Alaska’s Lisa Murkowski, a Republican, is the only woman who filled a seat for a family member—her father, long time Alaska senator Frank Murkowski. Of course, that doesn’t count members of political dynasties like Mary Landrieu, a Louisiana Democrat, and Hillary Clinton, who represented New York, who may not have had direct relatives serve in the Senate, but they did get a boost from their families.

3) Democrats have a natural advantage with women, a fact which Republicans are working to change. Emily’s List was started in 1986 to help elect Democratic women after Democratic men refused to give “Give ‘Em Hell” Harriet Woods money for her senatorial campaign in Missouri. She lost by 2% of the vote. Democrats have funded a lot of Mikulski’s so-called “macaroni and cheese” issues from breast cancer and other women’s health research to head start, Planned Parenthood, school lunches, maternity leave, equal pay for women, etc. Abortion is also a big issue for Democrats. It puts Republicans in a tough spot—half of the four GOP women in the Senate are pro-choice. So, for example, a Republican woman has never served on the Senate Judiciary Committee because most of the judicial confirmations revolve around abortion and the other issues are mostly hyper-partisan, whereas women generally seek to have less strident personas. Republicans have been slower to focus on electing women but congressional GOP groups this year announced a push to recruit women in 2014. Of the 20 Senate women, four are Republican.

4) Women may look sweet, but don’t assume they don’t know anything about guns and violence. The Senate was debating a ban on assault weapons a few years back and Feinstein was speaking on the floor. Former Idaho Senator Larry Craig interrupted her and patronizingly offered to tutor her about guns. Feinstein patiently explained to him that her predecessor as mayor of San Francisco had been assassinated by gun, along with a member of the a Board of Supervisors. Feinstein then offered to instruct Craig on what life in an inner city is like with guns.

5) They are pretty good camel traders. When Democrats were having trouble getting a Washington building named after former President Bill Clinton, Boxer took the lead. She offered Republicans a trade: naming a courthouse in Midland, TX for George H. W. Bush and George W. Bush. A few other members asked for small items and suddenly they had a deal. Clinton called Boxer up incredulous, “You have to tell me how you did it.”

6) Women believe in the power of food. Almost all of the chairs and ranking members have regular meals with their top counterparts. Barbara Boxer goes so far as to spend her own money catering mark ups and hearings for the staffs on both sides of the aisle. When a big bill passes, she springs for lobster rolls. “Food was an important part of my upbringing,” Boxer says. “I try to take particular staff out on both sides of the aisle.”

7)   Women have an outsized influence. According to Michele Swers, author of Women in the Club, Gender and Policy Making in the Senate, 30% of legislation between 2000-2004 was on so-called “macaroni and cheese” issues, showing that women—who only made up 9% of the chamber at the time—were batting well above average.

8) They don’t go for the kill, especially amongst themselves. The 20 Senate women gathered in the U.S. Capitol’s ceremonial Appropriations Committee hearing room in June at a deadlock over the problem of sexual assault in the military. Missouri Democrat Claire McCaskill made an impassioned plea for her amendment that would leave dealing with such incidents within the chain of command. It fell flat, with 16 of the 20 supporting New York Democrat Kirsten Gillibrand’s competing bill, which would refer sexual assault cases to outside lawyers. Suddenly McCaskill’s long career championing of victims of sexual assault was being called into question by people she had expected to back her. But the next thing that happened was even more remarkable. The women all agreed that they would not air their differences in public, but rather emphasize the fact that the bills are 95% identical and that whichever one passes, it would represent the most significant overhaul of the issue in Congressional history. And this was the message that all 20 women stuck to in events at home or traveling abroad for the entire five-week summer recess. “There’s a list of 12 major reforms,” McCaskill said in an August interview. “Eleven of those, Kirsten and I worked on together and they are in the bill. They are huge historic reforms. But all of that work and the nature of that work unfortunately has been overshadowed by one point where we disagree.”

9) They personalize issues in highly effective ways. In Washington Democrat Patty Murray’s first year in office in 1993, the Senate was debating the Family Medical Leave Act. She took to the floor and spoke about how a dear friend’s son’s sickness and death had cost him his job and nearly bankrupted their family. On her way out of the chamber, an older male senator stopped her. “We don’t tell personal stories here,” he admonished. “It’s inappropriate.” Murray replied that she had every intention of talking about personal stories and she felt it was more than appropriate. “Years later he apologized and thanked me,” Murray recalls. “He realized that highlighting the real impact, that that’s how we help people understand what we’re doing.”

10) The club is diverse. Some women are single. Some are childless. Some ran for office when their children were grown. Many are grandmothers. Age is one commonality; life experience is another, as are geography and politics. Murkowski and Hawaii Democrat Mazie Hirono have bonded over the special needs of representing non-contiguous states. And it doesn’t hurt that Murkowski’s mother-in-law lives in Maui. Democrats Tammy Baldwin of Wisconsin, the first openly gay senator, and Heitkamp hail from the same region and were brought together traveling the country in 2012, when they were both elected, as part of a Democratic push to showcase female candidates. Hurricane Katrina veteran Landrieu, who chairs of the Small Business Committee, helped Gillibrand navigate the 9/11 First Responders Fund and Hurricane Sandy relief bills through the Senate. Boxer has taken a special interest in Massachusetts Democrat Elizabeth Warren—both are liberal firebrands.

11) Almost every woman elected to the Senate has stories of sexism. Three months after taking office in 2007, when the number of female senators rose from 14 to 16, Klobuchar was on a Senators only elevator. The doors opened to admit an older male senator, whom she won’t name. He looked at her and barked: “This elevator is for Senators only!” Her staffer replied, “She is a Senator.” The man went bright red, and stepped back. As the doors closed without him, Klobuchar sweetly quipped, “And who are you?” On McCaskill’s first day, she was stopped by a Senate chamber doormen. Assuming she was staff, he told there’d be no floor passes that day. “I said, ‘I think I earned my floor pass,’” McCaskill recalls. “He was mortified.” During Ayotte’s first week as the only woman elected in 2010, she was in the Capitol with Florida Republican Marco Rubio. An orientation aide approached and reminded Rubio that he needed to get an ID, as did his wife, the staffer said, gesturing to Ayotte. “I think Marco was more embarrassed than I was,” Ayotte laughs.


TPP Trade Deals Allow Corps to Cancel US Law

Corporations Now Using Foreign Tribunals to Attack Domestic Court Rulings

Should an international tribunal of three private attorneys, sitting outside of any domestic legal system, have the power to overrule domestic courts?
That’s the question addressed in the recent analysis, “Investment Agreements versus the Rule of Law?,” published on UNCTAD’s Investment Policy Hub by Todd Tucker, Gates Scholar at the University of Cambridge’s Centre of Development Studies.  The piece highlights the little-known but creeping practice of corporations asking foreign tribunals to second-guess domestic court decisions not in their favor and to order taxpayer payment as compensation. 
These tribunals are the product of the “investor-state” system, a little-known creation of “trade” and investment deals that empowers foreign corporations to skirt domestic courts and directly challenge governments before extrajudicial tribunals for policies and decisions that they claim as undermining “future expected profits.”  Under this extreme system, foreign corporations have challenged toxics bans, land-use rules, regulatory permits, water and timber policies, medicine patent policies, pollution clean ups, climate and energy laws, and other public interest polices. 
As if undermining a government’s public interest laws and regulations was not enough, foreign investors are increasingly using the investor-state system to challenge court judgments, undermining the principles of legal certainty, state sovereignty, and rule of law more generally.  While domestic courts often employ safeguards, such as the principle of judicial review, judicial independence and transparency in their decision-making, these safeguards are notably absent in investor-state arbitrations, where lawyers who represent the investors take turns as ostensibly “impartial” arbitrators, interpretations of international law are regularly inconsistent and erroneous, and decisions often cannot be appealed.
In his compelling piece, Mr. Tucker cites examples from three investor-state case decisions issued in the last several years, Mr. Franck Charles Arif v. Republic of Moldova and two iterations of Chevron v. Ecuador, in which the tribunals found Moldova’s and Ecuador’s domestic court decisions to be in violation of these countries’ obligations to foreign investors under Bilateral Investment Treaties (BITs).
In the Moldovan case, Moldovan airport officials gave Franck Arif, a French national, an exclusive concession to operate tax-free shops at an airport.  When his competitors challenged this in court, Moldovan courts found that the non-competitive concession was illegal.  In response, Franck Arif launched an investor-state case against Moldova under the France-Moldova BIT, arguing that the courts’ ruling violated the “fair and equitable treatment” provision in the BIT – the vague obligation that inventive tribunals have interpreted as corporations’ “right” to a legal framework that conforms to their “expectations.” The tribunal first conceded that the Moldovan courts had “…applied Moldovan law legitimately and in good faith in the proceedings commenced by Claimant’s competitors.” Nevertheless, the tribunal still decided that the Moldovan courts’ rulings conflicted with the airport officials’ granting of the non-competitive concession, and therefore constituted a violation of the vague “fair and equitable treatment” obligation as a “breach” of Mr. Arif’s “expectations.”
In one of the Chevron v. Ecuador cases, a three-person tribunal last year ordered Ecuador’s government to interfere in the operations of its independent court system on behalf of Chevron by suspending enforcement of a historic $18 billion judgment against the oil corporation for mass contamination of the Amazonian rain forest.  The ruling against Chevron, rendered by Ecuador’s courts, was the result of 18 years of litigation in both the U.S. and Ecuadorian legal systems.  Ecuador had explained to the panel that compliance with any order to suspend enforcement of the ruling would violate the separation of powers enshrined in the country’s Constitution – as in the United States, Ecuador’s executive branch is constitutionally prohibited from interfering with the independent judiciary.  Undeterred, the tribunal proceeded to order Ecuador “to take all measures at its disposal to suspend or cause to be suspended the enforcement or recognition within and without Ecuador of any judgment [against Chevron].”
This dangerous trend of private three-person tribunals assuming the authority to contravene domestic court decisions at the behest of multinational corporations should raise the ire of those who support the independence of courts, the sovereignty of nations, the rule of law, or even the core democratic notion that a system of legal decision-making should be accountable to those who will live with the decisions.  Now the Trans-Atlantic Free Trade Agreement (TAFTA) and the Trans-Pacific Partnership (TPP) threaten to expand the investor-state system across two oceans, subjecting domestic court decisions to a new wave of second-guessing by unaccountable tribunals.  Now is the time to halt the advance of this extreme system – to restore the authority of our courts and the principles of our democracy.

Tuesday, October 15, 2013

NSA Captures US Citizens' Email Addresses

NSA Collects Americans' Email Contact Lists

Image: NSA Collects Americans' Email Contact Lists
Monday, 14 Oct 2013 09:39 PM
By Cathy Burke
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The National Security Agency collects contact lists of email and instant message services from users worldwide, and Americans are among those whose data is being harvested.

The revelations, from senior intelligence officials and documents provided by NSA leaker Edward Snowden, were reported by The Washington Post on Monday.

The program feeds off email address books and buddy lists transmitted by various online services when users sign on, write a message, or sync their computers or mobile devices to one another, The Post reported.

Urgent: Should the NSA Spy on Americans? Vote Here Now

Instead of targeting individual users, the lists are described as being collected en masse, in hopes of letting the spy agency map out and discover relationships between various players.

A similar NSA program mapping social ties and relationships of Americans was reported by The New York Times last month.

According to a summary provided by The Post, the harvested "contact lists" are the online address books that allow users of Gmail, Yahoo mail, Hotmail, Facebook and other online services to keep track of their friends, family and business associates.

Address books contain the email addresses of people whom users are in contact with via email or chat. In some services, including Google Contacts and Facebook, they can also include full names, addresses and phone numbers.

Many smartphones and computers allow you to "sync" your contacts to services such as Google and Facebook.

Leading web-based email services generate contact lists automatically as a result of sending, and sometimes receiving, emails. These lists allow users to compose emails more quickly via an "auto-complete" feature.

A document supplied to The Post by Snowden indicates that in a typical day, the NSA collected 444,743 email address books from Yahoo, 105,068 from Hotmail, 82,857 from Facebook, 33,697 from Gmail, and 22,881 from other providers.

Those figures correspond to a rate of more than 250 million per year, The Post reported.

Although the collection takes place overseas, two senior U.S. intelligence officials told The Post that it sweeps in the contacts of many Americans. The number is likely to be in the millions or tens of millions, The Post reported.

A spokesman for the Office of the Director of National Intelligence, which oversees the NSA, told The Post the agency "is focused on discovering and developing intelligence about valid foreign intelligence targets like terrorists, human traffickers and drug smugglers. We are not interested in personal information about ordinary Americans."

Their spokesman, Shawn Turner, said rules approved by the Attorney General require the NSA to “minimize the acquisition, use, and dissemination” of information that identifies a U.S. citizen or permanent resident.

The NSA’s collection of nearly all U.S. call records under a separate program has generated a storm of controversy since it was revealed June, but has been upheld by the Foreign Intelligence Surveillance Court.

The data snooping was defended Monday by California Democratic Sen. Dianne Feinstein.

The NSA has not been authorized by Congress or the special intelligence court that oversees foreign surveillance to collect contact lists in bulk.

Senior intelligence officials told The Post it would be illegal to do so from facilities in the United States, but another official said the NSA avoids the restrictions in the Foreign Intelligence Surveillance Act by intercepting contact lists from access points "all over the world."

"None of those are on U.S. territory," that official told The Post.

An unnamed intelligence official told The Post that the privacy of Americans is protected despite mass collection, because "we have checks and balances built into our tools."

Google spokesman Niki Fenwick told The Post: “We have neither knowledge nor participation in any mass collection of webmail addresses or chat lists by the government."

Urgent: Should the NSA Spy on Americans? Vote Here Now

At Microsoft, spokesman Nicole Miller said the company "does not provide any government with direct or unfettered access to our customers’ data," adding that "we would have significant concerns if these allegations about government actions are true."

Facebook spokesman Jodi Seth told the newspaper "we did not know and did not assist" in the NSA’s interception of contact lists.

Suzanne Philion, a Yahoo spokesman, said Monday in response to an inquiry from The Post that beginning in January Yahoo would start encrypting all its email connections.

© 2013 Newsmax. All rights reserved.

Monday, October 14, 2013

Sen. Feinstein Loves NSA Surveillance

In Wall Street Journal, Senator Dianne Feinstein Insidiously Defends NSA Surveillance

By: Monday October 14, 2013 4:08 pm


Legitimacy is at stake for the United States government after former National Security Agency contractor Edward Snowden revealed documents on secret surveillance programs that has ignited a wide-ranging debate. At the forefront of intelligence community efforts to fully restore legitimacy to the massive surveillance apparatus that has grown since the September 11th attacks is Senator Dianne Feinstein, chair of the Senate Select Committee on Intelligence.

On October 13, in the Wall Street Journal, Feinstein defended a bulk records collection program under the PATRIOT Act, which was recently renewed by the Foreign Intelligence Surveillance Court.
Though the program violates the law and is also unconstitutional, Feinstein ignored this and couched the necessity of the program in the language of warfare. It further demonstrated how she is one of the NSA’s most fawning and insidious defenders.

“Since it was exposed in June by leaker Edward Snowden,” Feinstein wrote, “the National Security Agency’s call-records program has become controversial and many have questioned whether its benefits are worth the costs. My answer: The program—which collects phone numbers and the duration and times of calls, but not the content of any conversations, names or locations—is necessary and must be preserved if we are to prevent terrorist attacks.”

She recounted a story about former CIA director George Tenet being panicked about al Qaeda ahead of the September 11th attacks. She equated that moment to a campaign of fear around chatter intercepted between two al Qaeda leaders that led to the temporary clearly intended to stifle calls for reforms that would constrain the NSA’s powers to collect and store virtually all Americans’ data.

Although Feinstein now used the word “events” instead of “plots,” she restated a false intelligence community claim that 54 acts of terrorism were thwarted as a result of the bulk data collection program. Senate Judiciary Committee Chairman Patrick Leahy managed to get NSA Director Gen. Keith Alexander to admit that phone records collection stopped terrorist activity in only one to two terrorist cases.

She highlighted the case of 9/11 hijacker Khalid al-Mihdhar to further support her argument except, according to Sen. Ron Wyden, “The government had all the information it needed to go to the phone company and get an individual court order.” And, “If time was of the essence” in any of these cases, the government could seek a “different court order or administrative subpoena” that “would allow for an emergency request for the records.”

“The NSA call-records program is working and contributing to our safety. It is legal and it is subject to strict oversight and thorough judicial review,” Feinstein argued.

According to Georgetown Law professor Laura Donohue, who testified before the Senate Judiciary Committee, this is patently false. Foreign Intelligence Surveillance Court (FISC) orders for information are not properly particularized or targeted. It violates the law by allowing millions of records to be collected, all of which could not be “relevant to an authorized investigation,” as they must be under the Foreign Intelligence Surveillance Act.

“The FISC order governing the telephony metadata program amounts to a general warrant, which the Fourth Amendment precludes,” Donohue argued. “It authorizes the government to rummage through our papers and effects in the hope of finding wrongdoing. There is no previous suspicion of criminal activity.   FISC admits that almost none of the information obtained relates to illegal behavior.”

A March 2009 FISC opinion found the NSA was collecting data that “otherwise could not be legally captured in bulk by the government.” Yet, the court reauthorized collection of “call detail records” because the government had explained such data was “necessary to analytical methods that are vital to the national security of the United States and that it had “minimization procedures” to “carefully restrict access” to the data. A program the court considered to be violating the law was permitted to continue even though the court’s role was to act as a check against this kind of abuse of authority.
Toward the end of her op-ed, Feinstein mentioned she introduced legislation to make “improvements to these counterterrorism programs” that would “require court review when the call records are queried” and “mandate a series of limitations on how the records can be obtained, stored and used.” That might lead one to think Feinstein is in favor of reform, however, her legislation is intended to disrupt concerted efforts to truly impose reform.

The American Civil Liberties Union pointed out that her proposed legislation might change the way the NSA accesses Americans’ phone records but it will not impose a limit on the volume of records collected. In fact, the legislation is likely to expand government surveillance powers by “legalizing the warrantless wiretapping of people known to be located in the US for 7 days where that surveillance began abroad.” And, under a section of FISA, the legislation would also legalize queries for “US persons’ names or email addresses without probable cause, so long as it is for ‘articulable foreign intelligence purposes.’”

Similar to what former vice president Dick Cheney might have said if he were in her position, she concluded, “If we end this vital program, we only make our nation more vulnerable to another devastating terrorist attack.” This is because fear is all Feinstein has to make the case that the NSA should not give up any of its powers.

Wyden, who has introduced his own legislation, warned Americans last week to expect this from members in Congress, who are part of the “business-as-usual brigade.” He told an audience at a recent CATO Institute event on NSA surveillance “defenders of the status quo will argue that the best way to protect Americans’ rights is to codify these rules into law, and maybe tweak them a little bit around the edges.” He explained that codifying the bulk data collection program into law would make it more permanent and make it easier for the government to justify collecting other types of records under the PATRIOT Act.

“Codifying the bulk collection program into law and ushering in a new era of digital surveillance would normalize overbroad authorities that were once unthinkable in America,” Wyden added.
The op-ed written by Feinstein is but another signal that Feinstein will be working to suppress a movement to diminish some of the NSA’s authority and constrain its power to conduct boundless and unchecked surveillance.

Feinstein is an artful politician, a Democrat but that is the label which gives her the credibility to build support for her agenda. She knows exactly what she is doing and hopes she can aid the intelligence community by directing energy for action into the passage of her legislation, which would expand the NSA’s power and re-legitimize it in the eyes of Americans.

If she can limit the terms of what’s possible, contain reform efforts in Congress and steer them in the direction that the intelligence community and administration of President Barack Obama desires, the NSA will not only escape the aftermath of Snowden’s disclosures largely unscathed. Its powers will expand and become even more entrenched.

Sunday, October 13, 2013

The Surveillance War on Americans

From Spying on "Terrorists Abroad" to Suppressing Domestic Dissent: When We Become the Hunted

by Mark Karlin, Truthout | Interview Heidi Beghosian, executive director of the National Lawyer's Guild. (Photo: City Light Books)Heidi Boghosian, executive director of the National Lawyer's Guild. (Photo: City Lights Books)If you're wondering why the ongoing revelations about the development and use of a massive public and private surveillance complex should be of concern to you, read what Michael German, senior policy counsel for the ACLU (and former FBI agent), says about the new book, Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance:
Heidi Boghosian's 'Spying on Democracy' is the answer to the question, 'If you're not doing anything wrong, why should you care if someone's watching you?' It's chock full of stories about how innocent people's lives were turned upside-down by public and private-sector surveillance programs. But more importantly, it shows how this unrestrained spying is inevitably used to suppress the most essential tools of democracy: the press, political activists, civil rights advocates and conscientious insiders who blow the whistle on corporate malfeasance and government abuse.
Truthout recently spoke with Boghosian, executive director of the National Lawyers Guild, about the ever-expanding government/corporate surveillance state.
You can receive the book and help support Truthout with a minimum contribution. Just click here to order.
Mark Karlin: Aren't we at a juncture in history where we've arrived at a perfect storm for nearly unrestricted surveillance in the United States? We have the political cover of keeping America "safe from terrorism" to justify the surveillance state. We have technology so advanced that few people cannot be monitored and tracked unless they are hermits hidden in caves. We have a corporate sector that increasingly depends on data mining for marketing and increasing profitability. And we have a rising tide of rebellion against the financial status quo, which the state has an interest in suppressing on behalf of the economic elites.
Heidi Boghosian: The confluence of circumstances enabling mass surveillance has the potential to permanently imperil Americans' civil liberties. How we respond will determine whether we continue to function as a democracy.
Several other factors add to the urgency of this challenge: The Obama administration is on the defensive after Edward Snowden's disclosures and will likely invest even more resources to protect its perpetual "war on terror" campaign and the corporate partners that profit from this manufactured war. As the public, and certain legislators, express apprehension about mass surveillance, the executive branch and the NSA may enact more stringent measures to fortify and safeguard their highly sophisticated spying infrastructure.
On top of that, CEOs of telecommunications and defense companies such as Lockheed Martin, Verizon and Microsoft are allied with the administration, guiding telecommunications and anti-terrorism policies through the president's National Security Telecommunications Advisory Committee. And in addition to the lucrative business of data mining, corporations continue to adapt and refine technologies of war, from laser microphones to motion sensing capabilities, with which to monitor civilians.
Mark Karlin: Of course, we also have the "feed the beast" phenomenon that we have with the military-industrial complex. There are now so many US agencies and private contractors with a financial interest in the surveillance industry that it has the lobbying power to grow exponentially. How many individuals are approximately employed in the government-corporate surveillance behemoth? How important and approximately how many private companies have a stake in surveillance dollars?
Heidi Boghosian: We have created an entire new class of society that gathers and has access to classified information - an elite class that promises to grow as private companies seek increased revenue and as the government operates in unparalleled secrecy.
The majority of national intelligence, an astonishing 70 percent, is carried out by contractors. That translates into tens of thousands of analysts from more than 1,900 private firms who have performed intelligence functions over the past few years. Large contractors conduct most of the work, including Booz Allen Hamilton (which according to The New York Times, derived $1.3 billion in revenue from intelligence contracts), Northrop Grumman, L-3 Communications and Science Applications International Corporation (with 39,600 employees, a reported $11.17 billion in revenue as of 2013, and a recent $6.6 billion contract from the Defense Intelligence Agency).
In 2012, an estimated 1.1 million private contractors had security clearance. The number of federal employees with security clearance is 2.6 million.
Mark Karlin: Historically, the U.S. government and local and state governments have used law enforcement agencies to suppress dissent. We have seen this in almost every era: Those who challenge the established financial order, in particular, are subject to surveillance. We are seeing the increased criminalization of protesting, whether it be the Occupy Movement, environmental protests, animal abuse protesters (you cover spying on critical mass bicyclists in NYC), etc. How easy is it to shift the surveillance data and information that the US and its contractors are assembling into focusing it on those who exercise First Amendment rights to challenge the status quo?
Heidi Boghosian: Not only is it easy for the US and its contractors to focus on activists, it is imperative that they do so. They must target social advocates in order to justify maintaining their budgets and their livelihoods. There are simply not enough "terrorists" in existence for the government to warrant the current level of intelligence spending. As a result, enormous federal resources are devoted to identifying and tracking activists who are portrayed as "extremists." Individuals who have helped bring about changes in corporate policies, such as animal rights or environmental advocates, are labeled domestic terrorist threats by the FBI.
The more individuals the security industry can identify as posing a national security threat - often based on tenuous, inaccurate or misleading information - the more it becomes possible to secure sizable government contracts.
The catch-all "anarchist extremist" can describe many individuals who challenge the status quo. Law enforcement circulated a list with photographs of "known anarchists" in 2004 before the Republican National Convention in New York. An unclassified DHS-FBI Intelligence Bulletin received much media coverage during the 2012 political conventions; it warned of possible increased risk of violence and property damage by anarchist extremists, arousing fear among local residents and businesses. FBI agents persist in circulating lists of alleged anarchists and visiting their friends, families and colleagues to frighten and harass politically active individuals and to create threats where none exist.
Mark Karlin: Explain the significance of the recent revelation that the Drug Enforcement Agency (DEA) was using secret surveillance data supplied to it by other agencies and not informing defendants or their counsel of the existence of the secret monitoring or information as the origin of the DEA charges.
Heidi Boghosian: This is precisely why we cannot trust the administration when officials say they are only using data for specific reasons. Secrecy is not compatible with the rule of law or with democracy.
The DEA's Special Operations Division's routine use of NSA information to initiate cases (and then backtracking and lying about how cases began) illustrates just one of the many possible ways that information gathered covertly may be used to contravene the laws of this nation. Hiding evidence gathered secretly violates the Fourth Amendment protection against unreasonable government searches and seizures and also impugns due process requirements of a fair trial. This shows how secrecy inherently corrupts a fair judicial process. And there are many other ways that covertly gathered personal data may be misused.
Mark Karlin: Much has been made by the Obama administration of alleging Edward Snowden has done great damage to the surveillance state by revealing its illegal and Foreign Intelligence Service Act-authorized activities and massive information database. But if such a large number of people allegedly are involved in surveillance activities, isn't data kept on us and those around the world at risk of leaking to foreign governments and private global corporations? Isn't this "top secret" information vulnerable to being obtained in parts or whole by parties other than the government for uses that have nothing to with "preventing terrorism"?
Heidi Boghosian: As more individuals are entrusted with access to and oversight of vast troves of personal data, this information necessarily becomes more vulnerable to misuse, whether by the parties gathering and analyzing it or by foreign governments and private multinational corporations. Because this data literally contains information related to people's entire lives, it is ripe for bullying, blackmail, threats or other improper uses.
But this "top secret" information is already being used by our own government for reasons that have little to do with combating threats to national security. Ownership of this information affords the administration unlimited power to suppress dissent, inhibit free speech and intimidate would-be critics into adhering to the status quo.
Stored data is vulnerable in the future as well. We cannot know now what activities the government may elect to stigmatize or criminalize years from now. Having access to stored data means that currently benign information may be assigned sinister meaning long after it was collected.
Recall that J. Edgar Hoover wielded enormous powerful because his FBI agents gathered information that he stored in secret dossiers on key politicians for nearly five decades. Presidents despised him but wouldn't fire him because he knew the intimate details of their personal and political lives and could use it to ruin their careers.
Mark Karlin: Just continuing on this concept of inherent vulnerability built into the NSA and the other government and private agencies doing US authorized surveillance work, doesn't the alleged hacking into the Pentagon database and other sites by the Chinese government generate serious implications that the US cannot protect its data, given rapid advances in technology?
Heidi Boghosian: No system is completely secure. There is only one surefire way to safeguard data, and that's by not collecting and storing it in the first place. The more data that the NSA and other government and private intelligence agencies amass about us, the more vulnerable we are, as individuals and as a nation. This underscores the dangers of secrecy. If there was a massive data breach, corporations and the government would not inform the public. They would hide it. We would be none the wiser, and our overall security would be greatly compromised. The less data that private security companies collect, the less money they make. The current dynamic is to sustain and grow the private surveillance industry; as a result, mistakes will be covered up.
Mark Karlin: Given the fascination of US consumers with new technology, isn't technological surveillance going to continue to have new products that will enable it to tighten its grip even further on monitoring individuals?
Heidi Boghosian: Technology cuts both ways: that which protects privacy and that which destroys privacy. Edward Snowden's disclosures will hopefully spark a public backlash against the model pioneered by Google, Apple and other corporations, namely, personal data in exchange for free services. People should start to recognize that when something is offered for free, the customer/user becomes the product.
Mark Karlin: What are the threats to a free press, even the mainstream media, in recent Obama administration use of surveillance information to threaten prosecution and to intimidate journalists?
Heidi Boghosian: Radical changes in media ownership, coupled with the Obama administration's penchant for secrecy and control of information, pose a formidable threat to the possibility of a free press - the ability of the media to be independent of the government.
The administration's unprecedented attacks on whistleblowers and members of the media have impeded the ability of investigative journalists to cultivate new sources, causing Jane Mayer of The New Yorker to proclaim that "investigative reporting has come to a standstill."
Those writers who do engage in investigative journalism, such as Associated Press reporters or James Rosen from Fox News, are spied on and may be accused of being co-conspirators in felonies for communicating with confidential sources. New York Times reporter and two-time Pulitzer Prize winner James Risen was monitored and subpoenaed after exposing President George W. Bush's domestic wiretapping program and publishing State of War: The Secret History of the CIA and the Bush Administration.
The mainstream press is now part of the corporate-government system. Anyone who doubts the alignment between the media and government should be reminded that Amazon, whose founder, Jeff Bezos, bought The Washington Post, was awarded a 10-year, $600 million cloud computing contract with the CIA.
With the creation of the Department of Homeland Security came more ways for the government to collect and retain personal information about members of the press. The DHS Office of Operations Coordination and Planning and the Media Monitoring Initiative of the DHS National Operations Center are authorized to gather and retain personal information from journalists, news anchors and others who use traditional or social media in real time.
These examples are part of a history of threatening journalists and the independent press. From 1971 to 1978, the FBI's COINTELPRO targeted alternative newspapers with the goal of shutting them down. Banks routinely handed over financial records for these papers and their subscribers; from 1971 to 1978, the number of alternative publications declined from more than 400 to 65, as a direct result of customer and printer harassment, infiltration, wiretaps and even bomb threats.
Mark Karlin: Is there a chance that the surveillance-state story that has evolved is so massive that people won't be able to comprehend the extent of how the government is amassing information that can be used to control its citizens? There are so many forms of surveillance - and such obfuscation from the White House and the surveillance industry - that it's hard to get one's hands around the specifics. On top of that, let's not forget that we - as citizens - know only what we know. We don't know what is still secret.
Heidi Boghosian: We can never know the true extent to which the government is amassing information, given that the nature of intelligence gathering is covert, but we can begin to surmise the scope. Knowing what we do know, we have a duty to reign in an overreaching government and its corporate partners. Frank Church, chairman of the Church Committee that investigated surveillance abuses in the 1970s, predicted that the NSA could be used to control the citizenry: "The [National Security Agency's] capability at any time could be turned around on the American people, andno American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn't matter."
Mark Karlin: Given the history of the National Lawyers Guild in defending protesters exercising their constitutional rights against a government that historically suppresses dissent that threatens the elite status quo, are you in any way optimistic that the surveillance state can be slowed down or rolled back?
Heidi Boghosian: The power of the people united against government and corporate abuse is the most resilient power in the world. Revolutions rippling across the globe, from the Occupy Wall Street movement to protests in Turkey, make clear that the vast majority of people are dissatisfied with the global system and are ready, and able, to resist. Because of this, I am optimistic that we can curtail the surveillance state.
To do so we must first end the war-on-terror campaign. James Madison noted that "no nation could preserve its freedom in the midst of continual warfare," and it is apparent that the current perpetual war on terror is indeed thinning our lifeblood, namely our freedoms. This perpetual war is as much a failure as the government's ill-conceived and costly war on drugs, initiated during the Nixon administration.
We must also restore transparency to government.
At the bleakest moments in our past, whether in the labor or civil rights movements, people persevered against overwhelming odds. The challenges facing us now are: will we, the people, elect to harness our collective power to curb a mass surveillance state that infringes on our privacy and our constitutional rights? Will we demand transparency and accountability from government agencies? Will we respect the Supreme Court decisions affording corporations the same rights as people, or will we demand that the law protect human rights and not the property interests of an elite few?
I hope we will do all this and more - people power is limited only by one's imagination, and history has proven humanity to be eminently resourceful, creative and persistent in the face of injustice.