Edward Snowden

Open Letter To Obama

July 26, 2013 President Barack Obama The White House 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20500 Re: Civil Disobedience, Edward J. Snowden, and the Constitution Dear Mr. President: You are acutely aware More »

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U.S. Companies Pay Just One-Third Of The Legal Tax Rate: GAO Study

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jeff olsen

Man Tried for Chalk Drawings Found Not Guilty

NBC San Diego July 1, 2013 By Christina London The man accused of vandalism for drawing with chalk outside banks has been found not guilty on all charges. A jury returned its More »

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The Bigger Story Behind the AP Spying Scandal

Washington’s Blog/Global Research May 20, 2012 By George Washington Attack on the Press You know that the Department of Justice tapped scores of phone lines at the Associated Press. You might have More »

anon

‘Anonymous’ Hacker Explains Why He Fled The US

Business Insider Mar. 2, 2012 By Michael Kelley Anonymous is front and center these days: the amorphous hacktivist group has been publishing internal data of U.S. banks while prominent members are prosecuted More »

Tag Archives: surveillance

Open Letter To Obama

Edward Snowden

July 26, 2013

President Barack Obama

The White House

1600 Pennsylvania Avenue, N.W.

Washington, D.C. 20500

Re: Civil Disobedience, Edward J. Snowden, and the Constitution

Dear Mr. President:

You are acutely aware that the history of liberty is a history of civil disobedience to unjust laws or practices. As Edmund Burke sermonized, “All that is necessary for the triumph of evil is that good men do nothing.”

Civil disobedience is not the first, but the last option. Henry David Thoreau wrote with profound restraint in Civil Disobedience: “If the injustice is part of the necessary friction of the machine of government, let it go, let it go: perchance it will wear smooth certainly the machine will wear out. If the injustice has a spring, or a pulley, or a rope, or a crank, exclusively for itself, then perhaps you may consider whether the remedy will not be worse than the evil; but if it is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law. Let your life be a counter friction to stop the machine.”

Thoreau’s moral philosophy found expression during the Nuremburg trials in which “following orders” was rejected as a defense. Indeed, military law requires disobedience to clearly illegal orders.

A dark chapter in America’s World War II history would not have been written if the then United States Attorney General had resigned rather than participate in racist concentration camps imprisoning 120,000 Japanese American citizens and resident aliens.

Civil disobedience to the Fugitive Slave Act and Jim Crow laws provoked the end of slavery and the modern civil rights revolution.

We submit that Edward J. Snowden’s disclosures of dragnet surveillance of Americans under § 215 of the Patriot Act, § 702 of the Foreign Intelligence Surveillance Act Amendments, or otherwise were sanctioned by Thoreau’s time-honored moral philosophy and justifications for civil disobedience. Since 2005, Mr. Snowden had been employed by the intelligence community. He found himself complicit in secret, indiscriminate spying on millions of innocent citizens contrary to the spirit if not the letter of the First and Fourth Amendments and the transparency indispensable to self-government. Members of Congress entrusted with oversight remained silent or Delphic. Mr. Snowden confronted a choice between civic duty and passivity. He may have recalled the injunction of Martin Luther King, Jr.: “He who passively accepts evil is as much involved in it as he who helps to perpetrate it.” Mr. Snowden chose duty. Your administration vindictively responded with a criminal complaint alleging violations of the Espionage Act.

From the commencement of your administration, your secrecy of the National Security Agency’s Orwellian surveillance programs had frustrated a national conversation over their legality, necessity, or morality. That secrecy (combined with congressional nonfeasance) provoked Edward’s disclosures, which sparked a national conversation which you have belatedly and cynically embraced. Legislation has been introduced in both the House of Representatives and Senate to curtail or terminate the NSA’s programs, and the American people are being educated to the public policy choices at hand. A commanding majority now voice concerns over the dragnet surveillance of Americans that Edward exposed and you concealed. It seems mystifying to us that you are prosecuting Edward for accomplishing what you have said urgently needed to be done!

The right to be left alone from government snooping–the most cherished right among civilized people—is the cornerstone of liberty. Supreme Court Justice Robert Jackson served as Chief Prosecutor at Nuremburg. He came to learn of the dynamics of the Third Reich that crushed a free society, and which have lessons for the United States today.

Writing in Brinegar v. United States, Justice Jackson elaborated:

The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

These, I protest, are not mere second-class rights but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart. Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government. And one need only briefly to have dwelt and worked among a people possessed of many admirable qualities but deprived of these rights to know that the human personality deteriorates and dignity and self-reliance disappear where homes, persons and possessions are subject at any hour to unheralded search and seizure by the police.

We thus find your administration’s zeal to punish Mr. Snowden’s discharge of civic duty to protect democratic processes and to safeguard liberty to be unconscionable and indefensible.

We are also appalled at your administration’s scorn for due process, the rule of law, fairness, and the presumption of innocence as regards Edward.

On June 27, 2013, Mr. Fein wrote a letter to the Attorney General stating that Edward’s father was substantially convinced that he would return to the United States to confront the charges that have been lodged against him if three cornerstones of due process were guaranteed. The letter was not an ultimatum, but an invitation to discuss fair trial imperatives. The Attorney General has sneered at the overture with studied silence.

We thus suspect your administration wishes to avoid a trial because of constitutional doubts about application of the Espionage Act in these circumstances, and obligations to disclose to the public potentially embarrassing classified information under the Classified Information Procedures Act.

Your decision to force down a civilian airliner carrying Bolivian President Eva Morales in hopes of kidnapping Edward also does not inspire confidence that you are committed to providing him a fair trial. Neither does your refusal to remind the American people and prominent Democrats and Republicans in the House and Senate like House Speaker John Boehner, Congresswoman Nancy Pelosi, Congresswoman Michele Bachmann,and Senator Dianne Feinstein that Edward enjoys a presumption of innocence. He should not be convicted before trial. Yet Speaker Boehner has denounced Edward as a “traitor.”

Ms. Pelosi has pontificated that Edward “did violate the law in terms of releasing those documents.” Ms. Bachmann has pronounced that, “This was not the act of a patriot; this was an act of a traitor.” And Ms. Feinstein has decreed that Edward was guilty of “treason,” which is defined in Article III of the Constitution as “levying war” against the United States, “or in adhering to their enemies, giving them aid and comfort.”

You have let those quadruple affronts to due process pass unrebuked, while you have disparaged Edward as a “hacker” to cast aspersion on his motivations and talents. Have you forgotten the Supreme Court’s gospel in Berger v. United States that the interests of the government “in a criminal prosecution is not that it shall win a case, but that justice shall be done?”

We also find reprehensible your administration’s Espionage Act prosecution of Edward for disclosures indistinguishable from those which routinely find their way into the public domain via your high level appointees for partisan political advantage. Classified details of your predator drone protocols, for instance, were shared with the New York Times with impunity to bolster your national security credentials. Justice Jackson observed in Railway Express Agency, Inc. v. New York: “The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally.”

In light of the circumstances amplified above, we urge you to order the Attorney General to move to dismiss the outstanding criminal complaint against Edward, and to support legislation to remedy the NSA surveillance abuses he revealed. Such presidential directives would mark your finest constitutional and moral hour.

Sincerely,

Bruce Fein

Counsel for Lon Snowden

Lon Snowden

‘Anonymous’ Hacker Explains Why He Fled The US

anon

Business Insider
Mar. 2, 2012
By Michael Kelley

Anonymous is front and center these days: the amorphous hacktivist group has been publishing internal data of U.S. banks while prominent members are prosecuted on charges of stealing information and sharing links to stolen credit card information.

Yet overarching insights into the decentralized collective are hard to find.

Information activist Asher Wolf provides a unique perspective in an interview with a prominent American Anon, who has more than 290,000 Twitter followers via @AnonyOps and is living in exile by choice.

The hacker left the country out of a fear of being harshly prosecuted by the government for radical advocacy of movements such as WikiLeaks and Occupy .

“I think the idea was planted when I saw others leaving,” @AnonyOps told Wolf. ” Glen Greenwald left … There’s a brain drain of political dissidents – America’s punishment for screwing with civil liberties.

Pentagon’s new massive expansion of ‘cyber-security’ unit is about everything except defense

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Guardian
Jan. 28, 2012
By

As the US government depicts the Defense Department as shrinking due to budgetary constraints, the Washington Post this morning announces “a major expansion of [the Pentagon's] cybersecurity force over the next several years, increasing its size more than fivefold.” Specifically, says the New York Times this morning, “the expansion would increase the Defense Department’s Cyber Command by more than 4,000 people, up from the current 900.” The Post describes this expansion as “part of an effort to turn an organization that has focused largely on defensive measures into the equivalent of an Internet-era fighting force.” This Cyber Command Unit operates under the command of Gen. Keith Alexander, who also happens to be the head of the National Security Agency, the highly secretive government network that spies on the communications of foreign nationals – and American citizens.

The Pentagon’s rhetorical justification for this expansion is deeply misleading. Beyond that, these activities pose a wide array of serious threats to internet freedom, privacy, and international law that, as usual, will be conducted with full-scale secrecy and with little to no oversight and accountability. And, as always, there is a small army of private-sector corporations who will benefit most from this expansion.

Let’s begin with the way this so-called “cyber-security” expansion has been marketed. It is part of a sustained campaign which, quite typically, relies on blatant fear-mongering.

F.B.I. Counterterrorism Agents Monitored Occupy Movement, Records Show

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New York Times
Dec. 24, 2012
By and

WASHINGTON — The Federal Bureau of Investigation used counterterrorism agents to investigate the Occupy Wall Street movement, including its communications and planning, according to newly disclosed agency records.

The F.B.I. records show that as early as September 2011, an agent from a counterterrorism task force in New York notified officials of two landmarks in Lower Manhattan — Federal Hall and the Museum of American Finance — “that their building was identified as a point of interest for the Occupy Wall Street.”

That was around the time that Occupy Wall Street activists set up a camp in Zuccotti Park in Lower Manhattan, spawning a protest movement across the United States that focused the nation’s attention on issues of income inequality.

Everyone is fair game: Spy agency conducts surveillance on all US citizens

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RT
Dec. 13, 2012

The Obama administration overruled recommendations from within the US Department of Homeland Security and implemented new guidelines earlier this year that allow the government to gather and analyze intelligence on every single US citizen.

Since the spring, a little-know intelligence agency outside of Washington, DC has been able to circumvent the Fourth Amendment to the US Constitution and conduct dragnet surveillance of the entire country, combing massive datasets using advanced algorithms to search and seize personal info on anyone this wish, reports the Wall Street Journal this week.

There’s no safeguard that says only Americans with criminal records are the ones included, and it’s not just suspected terrorists that are considered in the searches either. The National Counterterrorism Center (NCTC) has been provided with entire government databases and given nearly endless access to intelligence on everyone in the country, regardless of whether or not they’ve done anything that would have made them a person of interest. As long as data is “reasonably believed” to contain “terrorism information,” the agency can do as they wish.

Cops to Congress: We need logs of Americans’ text messages

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CNET
Dec. 3, 2012
By

AT&T, Verizon Wireless, Sprint, and other wireless providers would be required to record and store information about Americans’ private text messages for at least two years, according to a proposal that police have submitted to the U.S. Congress.

CNET has learned a constellation of law enforcement groups has asked the U.S. Senate to require that wireless companies retain that information, warning that the lack of a current federal requirement “can hinder law enforcement investigations.”

They want an SMS retention requirement to be “considered” during congressional discussions over updating a 1986 privacy law for the cloud computing era — a move that could complicate debate over the measure and erode support for it among civil libertarians.

Australian surveillance ‘out of control’: 20% increase in 1 year

privacy-surveillance

RT
Dec. 3, 2012

Access to private data has increased by 20 per cent by Australia’s law enforcement and government agencies – and with no warrant. Australians are 26 times more prone to be placed under surveillance than people in other countries, local media report.

­In such a way, state structures accessed private information over 300,000 times last year – or 5,800 times every week, figures from the federal Attorney General’s Department showcase.

The data includes phone and internet account information, the details of out and inbound calls, telephone and internet access location data, as well as everything related to the Internet Protocol (IP) addresses visited, the Sydney Morning Herald (SMH) reports.

Anonymous Claims To Have Hacked 28,000 PayPal Passwords For Guy Fawkes Day

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Huffington Post
Nov. 5, 2012
By

Anonymous, which adopted the Guy Fawkes mask, designed by “V for Vendetta” illustrator David Llyod, as a symbol for its social crusade, has decided to celebrate Guy Fawkes Day with some good, old-fashioned hacking.

Guy Fawkes Day is observed annually on Nov. 5 in commemoration of the rebel Englishman’s demise.

Marking Nov. 5 as a day of global protest, hacker group Anonymous began its tribute on Sunday night by allegedly hacking a PayPal server and stealing 28,000 customer passwords, The Next Web reports. Anonymous announced the hack on Twitter, “linking to a set of Private Paste documents containing emails, names, and what appear to be possibly passwords from the payment service’s database,” according to TNW.

The head of public relations for PayPal, however, denied the Anonymous attack, tweeting, “We’re investigating this but to date we have been unable to find any evidence that validates this claim.”

US Supreme Court lets wiretapping immunity stand

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AFP
Oct. 09, 2012

WASHINGTON — The US Supreme Court let stand Tuesday an immunity law on wiretapping viewed by government as a useful anti-terror tool but criticized by rights activists as a flagrant abuse of executive power.

The top US court declined to review a December 2011 appeals court decision that rejected a lawsuit against AT&T for helping the National Security Agency monitor its customers’ phone calls and Internet traffic.

Plaintiffs argue that the law allows the executive branch to conduct “warrantless and suspicionless domestic surveillance” without fear of review by the courts and at the sole discretion of the attorney general.

But President Barack Obama’s administration has argued to keep the immunity law in place, saying it would imperil national security to end such cooperation between the intelligence agencies and telecom companies.

Activists warned to watch what they say as social media monitoring becomes ‘next big thing in law enforcement’

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The Independent
Oct. 1, 2012
By Kevin Rawlinson

Political activists must watch what they say on the likes of Facebook and Twitter, sites which will become the “next big thing in law enforcement”, a leading human rights lawyer has warned.

John Cooper QC said that police are monitoring key activists online and that officers and the courts are becoming increasingly savvy when it comes to social media. But, speaking to The Independent, he added that he also expected that to drive an increase in the number of criminals being brought to justice in the coming months.

“People involved in public protest should use social media to their strengths, like getting their message across. But they should not use them for things like discussing tactics. They might as well be having a tactical meeting with their opponents sitting in and listening.

“For example, if antifascist organisers were discussing their plans on social media, they can assume that a fascist organisation will be watching. Social media sites are the last place you want to post something like that,” he said.