Friday, October 11, 2013

129.5 - Clown Award: Gov. Tom Corbett

Clown Award: Gov. Tom Corbett

Now for the Clown Award, given weekly for meritorious stupidity.

This week the winner of the big red nose is Tom Corbett, the governor of Pennsylvania.
Pennsylvania is the only state in the northeast that allows for neither same-sex marriage or civil unions.

Earlier this year, one suburban Philadelphia county began issuing marriage licenses to same-sex couples. The state sued to stop the practice, arguing that an individual county could not make that decision. One couple that had been issued one of those licenses wanted to intervene in the case, but in August Corbett's lawyers opposed the move, saying in a filing that if two 12-year-old children were issued a marriage license and tried to defend it in court, they wouldn't be taken seriously because the license was never valid.

Put another way, Corbett's legal goons were saying that the court should regard two adults the same way it would regard two 12-year-olds - if those adults are gay.

That, as it turned out, didn't go over so well with the public, so Corbett decided he would make it all better. Asked about it last week in a TV interview, he said
It was an inappropriate analogy, you know. I think a much better analogy would have been brother and sister, don't you?
Ah, I see. So in Tom Corbett's mind, same-sex marriage is not like children getting married, it's like incest.

What. A. Clown.

As a footnote, later that day, Corbett issued a by now standard non-apology apology, saying his "words were not intended to offend anyone" and he was sorry if they did. Like a typical clown, refusing to take responsibility for his own actions and words. Pathetic.

Sources:
http://www.huffingtonpost.com/2013/10/04/tom-corbett-gay-marriage-incest_n_4043202.html

129.4 - Update 3: Hijab = no job

Update 3: Hijab = no job

One last update and I have to tell you, this is the one that's really got me steamed. Four weeks ago, I told you about the case of Hani Khan, a 20-year-old Muslim woman who got a job at a Hollister Co. store - Hollister is wholly owned by Abercrombie & Fitch - in San Mateo, California only to be fired four months later because of the hijab, the head scarf, that her religion requires her to wear.

This hadn't been an issue when she was hired, it hadn't been an issue during the time she worked at the store, not until some district manager, some higher-up, said she couldn't wear it because it violated the company's "Look Policy."

The Equal Employment Opportunity Commission agreed this was discrimination and sued on her behalf, leading to, on September 3, a victory in federal district court.

The update here is that it turns out that Khan was not the only Muslim woman to get shafted by Abercrombie & Fitch's creepy obsession with its "look" and the results aren't always as good as hers.

On October 2, the Court of Appeals for the 10th Circuit dismissed a suit by an Oklahoma woman named Samantha Elauf, who charged she was not hired by an Abercrombie & Fitch store in Tulsa, Oklahoma because of wearing a hijab.

As in Khan's case, the EEOC sued on her behalf and as in Khan's case, she won in district court. But the appeals court has now reversed that decision.

It's reasoning revealed why the 10th Circuit Court of Appeals is regarded as one of the most reactionary courts in the entire country. The decision made note of the "Look Policy" and said it is intended to promote and showcase the Abercrombie brand, which "exemplifies a classic East Coast collegiate style of clothing." The court completely embraced A&F's contention that the policy is critical to the health and vitality of its "preppy" and "casual" brand.

By contrast, in Khan's case, the court found that the claim that allowing floor staff to wear a hijab would somehow hurt the company's "brand image" did not "raise a triable issue" - that is, the evidence was so weak that it wasn't even worth the court's time to consider it.

But the 10th Circuit Court didn't care. What A&F says it must have to protect its profits, well, it must have, religious freedom, the Constitution, and the First Amendment be damned.

Descending from the outrageous to the farcical, the court also said that Elauf "never informed Abercrombie prior to its hiring decision that she wore her headscarf or 'hijab' for religious reasons and that she needed an accommodation for that practice, due to a conflict between the practice and Abercrombie's clothing policy," even though she was wearing the headscarf during her interview.

Well duh of course she was wearing it; it's required by her religion. What kind of fools are these judges?

What's more, it's reasonable to think that as the job applicant she may have been unaware of the details of the "Look Policy" or even that a "Look Policy" existed or even if it did that a hijab would be an issue. It is also reasonable to think that any basically competent interviewer, with this woman wearing a hijab sitting opposite them, would have been aware of a potential conflict and asked if this would be a problem for her - unless, that is, as is also reasonable to think, the interviewer deliberately did not bring it up in order to have a basis for not hiring her, a basis that would be stripped away if she were asked the question and raised the issue of a religious accommodation.

In any event, the whole thing stinks. Abercrombie & Fitch stinks and the 10th Circuit Court of Appeals, looking for any way it can to advance a pro-corporate, anti-worker agenda, stinks even more.

Now, I have to acknowledge to be accurate that A&F changed its policy on this three years ago even as it continues to fight suits so it doesn't have to pay penalties for a policy it now in effect has admitted was wrong. That change does not change the fact that Abercrombie & Fitch stinks.

Sources:
http://www.huffingtonpost.com/2013/10/02/abercrombie-lawsuit-hijab-win_n_4031730.html

129.3 - Update 2: Government shutdown

Update 2: Government shutdown

Next up, this is a sort of update to last week's Outrage of the Week, which was about the government shutdown.

This week House GOPper Dennis Ross of Florida said he'd support a spending deal that didn’t repeal or defund Obamacare, becoming the first Tea Bagger lawmaker to publicly back off the fight that has shut down the government.

He said he changed his mind because the shutdown hasn't affected the Affordable Care Act - which, by the way, anyone paying attention knew would be the case since it's independently funded and why oh why do we keep treating these people with respect as if they even understood what they were doing - anyway, that's why he changed his mind.

Here's the thing: He said "We’ve lost the battle” over the continuing resolution, so, quoting, “We need to move on and take whatever we can find in the debt limit.”

What did I say last week: The wingnuts and wackos genuinely do hate the idea that the government has a responsibility to "promote the general welfare" and so were willing to run off the cliff because they simply don't care who gets hurt and are quite willing to see tens of millions of others - including many of their own supporters - suffer in service to their troglodyte ideology.

Ross has simply served to prove the point: The argument over the Continuing Resolution is not about the Continuing Resolution any more than the coming fight over the debt limit will be about the debt limit. It's about attacking, undermining, if possible reversing, even better discrediting, moves toward, the very idea of, social justice and mutual responsibility. The bills are just means to an end and if one doesn't work, another will do just as well. Because they just don't care.

Sources:
http://www.bloomberg.com/news/2013-10-04/tea-party-s-ross-says-debt-worth-yielding-on-obamacare.html

129.2 - Update 1: Kaitlyn Hunt

Update 1: Kaitlyn Hunt

Time for some updates on things we have covered before.

Back in May I told you about the case of Kaitlyn Hunt, a then-18-year-old Florida girl charged with a string of felonies because, to put it simply, she'd had consensual sex with a 14-year-old classmate. The real problem being that the classmate was also a girl.

The younger girl's parents never went to Kaitlyn's folks, never approached them; instead they went to the school board looking to get Kaitlyn expelled and to the police to get her arrested, ultimately succeeding in both aims. As Kaitlyn's mother, Kelley Hunt-Smith, said in a statement, "They were out to destroy my daughter" because "[They] feel like my daughter 'made' their daughter gay."

Well, Kaitlyn has now accepted a deal under which she pleaded no contest to three misdemeanors and two felonies. She will spend four months in jail followed by two years of house arrest, followed by nine months of probation.

The case certainly brought out its share of Bible-thumping bizarros screaming that Kaitlyn Hunt is a "sexual predator." But many critics felt, as did I, as do I, that this case would never have gotten this far if Kaitlyn had been a boy. First, would the girl's parents - remember, this is in the absence of any sign of force or coercion or even deception - really have gone to the police without ever talking to that boy's parents?

Now, I expect both sets of parents might be interested in breaking up a relationship between an 18-year-old and a 14-year-old, but would that boy wind up facing literally decades in prison and a life-long label as a sex offender, as Kaitlyn Hunt did at one point? This case was about and is about homophobia, particularly the homophobia of the younger girl's parents.

In one of those "laugh so you don't cry" moments, those parents released a statement saying it was never their intent to harm Hunt. Right. You wanted her expelled and pressed felony charges against her - but you never meant to hurt her. Of course not.

In that same statement those parents claim that the case wasn't about gender or sexual orientation but about "age-appropriate relationships and following the rules and laws of our society."

Of course it was about gender. Of course it was about sexual orientation. Because if it was otherwise, if it really was about "age-appropriate relationships and the rules of our society," you would have enlisted the help of Kaitlyn's parents in ending the relationship rather than enlisting the help of the school board and prosecutors in seeking to destroy Kaitlyn Hunt's life.

You may not have succeeded in that: Under the deal, if there are no further violations on Kaitlyn's part the record can be expunged in 10 years. So you may not have destroyed her life but you surely have damaged it - and I for one do not believe for one second that destruction was not your intent.

Sources:
http://www.salon.com/2013/05/24/kaitlyn_hunt_refuses_plea_offer_will_go_to_court_over_high_school_relationship/
http://www.huffingtonpost.com/2013/10/03/kaitlyn-hunt-plea-deal-jail-four-months_n_4036862.html
http://www.cnn.com/2013/10/03/justice/florida-kaitlyn-hunt-plea-deal/index.html

129.1 - Hero Award: Ladar Levison

Hero Award: Ladar Levison

Another case of our occasional feature, the Hero Award, given as the occasion arises to people who on a matter big or small just do the right thing.

This award concerns events that began last May and reached a sort of climax in August, but the information only came out with the unsealing of some court papers on October 3, so it's still current news.

Ladar Levison spent the last ten years building and running a business called Lavabit, an email service that employed a variety of means to secure the privacy of its customers, including following the government’s own secure coding guidelines and with systems engineered so as not to log user communications, so even if Levison received a subpoena for a user’s communications, he wouldn't be able to access them.

Over the years, he has received and cooperated with about two dozen government requests to assist federal agents in wiretapping specific email accounts. But the "request" that came from the FBI last May was different: The government not only wanted to tap a particular account, which Levison was willing to do, it wanted Lavabit's passwords, encryption keys, technically called SSL certificates, and computer code that would essentially allow the government unlimited, untrammeled, and warrantless access to all the messages of all his customers.

It was like, Levison said, asking Coca-Cola to release its secret formula and tapping an entire city to tap one phone.

That, he said, was too much. He resisted as best as he could.

He proposed a compromise. The FBI refused. He was summoned to testify to a grand jury in Virginia; he was forbidden to discuss his case or even say it was happening, a gag order he is still under even now; he was held in contempt of court and fined $10,000 for handing over his private encryption keys on paper and not in the digital form the feds wanted for their own convenience.

Finally, on August 8, he gave up. He turned over the encryption keys and then on the same day, he closed down his business. He announced in on his website, writing that
I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit.
Privacy advocates said it was the first time they knew of that someone closed their business rather than comply with a court order they felt violated the constitution. They called it unprecedented. I call it the act of a hero.

Three quick footnotes: One, why did all this come down on Ladar Levison? Because, unfortunately for him, one of his customers, the one the FBI was interested in, was Edward Snowden.

Two, Levison had some words of wisdom for others:
This experience has taught me one very important lesson: without congressional action or a strong judicial precedent, I would strongly recommend against anyone trusting their private data to a company with physical ties to the United States.
And three, after he closed his business, a federal prosecutor told his lawyer that was an act of defiance that fell just short of a crime. Right, "just short" of a crime. That means it was legal and the feds are just ticked off that they can't do anything to him because of it.

Sources:
http://www.nytimes.com/2013/10/03/us/snowdens-e-mail-provider-discusses-pressure-from-fbi-to-disclose-data.html
http://www.theguardian.com/technology/2013/aug/08/lavabit-email-shut-down-edward-snowden

Left Side of the Aisle #129




Left Side of the Aisle
for the week of October 3-9, 2013

Hero Award: Ladar Levison
http://www.nytimes.com/2013/10/03/us/snowdens-e-mail-provider-discusses-pressure-from-fbi-to-disclose-data.html
http://www.theguardian.com/technology/2013/aug/08/lavabit-email-shut-down-edward-snowden

Update 1: Kaitlyn Hunt
http://www.salon.com/2013/05/24/kaitlyn_hunt_refuses_plea_offer_will_go_to_court_over_high_school_relationship/
http://www.huffingtonpost.com/2013/10/03/kaitlyn-hunt-plea-deal-jail-four-months_n_4036862.html
http://www.cnn.com/2013/10/03/justice/florida-kaitlyn-hunt-plea-deal/index.html

Update 2: Government shutdown
http://www.bloomberg.com/news/2013-10-04/tea-party-s-ross-says-debt-worth-yielding-on-obamacare.html

Update 3: Hijab = no job
http://www.huffingtonpost.com/2013/10/02/abercrombie-lawsuit-hijab-win_n_4031730.html

Clown Award: Gov. Tom Corbett
http://www.huffingtonpost.com/2013/10/04/tom-corbett-gay-marriage-incest_n_4043202.html

Global warming
http://www.cnn.com/2013/09/27/world/climate-change-5-things/index.html
http://www.theguardian.com/environment/interactive/2013/may/13/newtok-alaska-climate-change-refugees
http://www.huffingtonpost.com/2013/09/27/ipcc-climate-change-report_n_4000153.html
http://www.skepticalscience.com/neverending-daily-mail-nonsense.html
http://www.motherjones.com/environment/2013/09/global-warming-pause-ipcc
http://www.theguardian.com/environment/climate-consensus-97-per-cent/2013/oct/01/ipcc-global-warming-projections-accurate

OOTW: Hobby Lobby’s antisemitism
http://www.dailykos.com/story/2013/09/30/1242615/-No-menorahs-at-Hobby-Lobby
http://partisan.blogs.hopelesslypartisan.com/item_15275.htm

Weekly reminder
http://www.fbi.gov/stats-services/publications/serial-murder
http://www.huffingtonpost.com/2013/09/17/mass-shootings-2013_n_3941889.html
http://www.reddit.com/r/GunsAreCool/wiki/2013massshootings

Friday, October 04, 2013

Weekly reminder

As of October 1, at least 8,885 people had been killed by gunfire in the US since Newtown, at least 88 of them in Massachusetts.

And, as I like to remind people every few weeks, that number is an absolute minimum based on newspaper accounts of gun-related deaths.  Many gun deaths are suicides, which are rarely reported. Including those and using the most recent CDC estimates for yearly deaths by guns in the United States, it's estimated that as of October 1, roughly 25,979 people have died from guns in the US since the Newtown shootings.

128.8 - More on NSA spying

More on NSA spying

Update: An unusually (for me) large number of hits on this. Anyone care to leave a comment to tell me what lead you here?

We'll wrap up the week with some more stuff about 1984 coming a few decades too late. Last week I ran down a roughly chronological list of revelations about the massive collection of personal information - the massive spying - engaged in by the US government, including spying on its own citizens. I said this week I was going to touch on some of the cheap defenses and lame excuses of the spying that have been offered by government officials. Which I will, right after I note another, new, revelation:

Under Obama, the NSA has been collecting massive amounts of data on social connections among some Americans to help “discover and track” connections between “intelligence targets overseas and people in the United States” according to a report in The New York Times.

Since 2008, the spooks have had the power to analyze Americans' phone and e-mail data for tracking such alleged "connections." But since 2010, under the Obama gang, they have been able to combine that communications data with, the Times said, "material from public, commercial and other sources, including bank codes, insurance information, Facebook profiles, passenger manifests, voter registration rolls and GPS location information, as well as property records and unspecified tax data” in order to identify Americans’ “associates, their locations at certain times, their traveling companions, and other personal information,” including such things as religious or political affiliations or one's regular calls to a psychiatrist’s office or late-night messages to an extramarital partner.

Use of this “enrichment” data is apparently unrestricted.

As the ACLU said,
This report confirms what whistleblowers have been saying for years: the NSA has been monitoring virtually every aspect of Americans’ lives - their communications, their associations, even their locations.
And for what? Why, to protect us! Why else?

That's why at a recent hearing before the Senate Intelligence Committee, NSA Director Keith Alexander - who has had himself built a command center he called the Information Dominance Center and which was based on the deck of the starship Enterprise and no, I'm not kidding; even the doors go "whoosh" - said the NSA wants to collect more phone records. Asked about the revelations of tens of millions of phone records being collected by his agency and if there was an upper limit to how much information he wanted, Alexander said there is no upper limit and that, quoting, "I believe it is in the nation's best interest to put all the phone records into a lockbox that we can search when the nation needs to do it."

First, doofus, it can't be a "lockbox" if you can go through it anytime you want and second, let's get this straight: It is not and would not be "the nation" going through our records, it would be you, you and the rest of your creeps getting off on the power of being able to know stuff about everybody else. You are not the nation. And your apparent inability to recognize that, yours and others right up to and including the Amazing Mr. O himself, is exactly why you represent a danger to democratic freedoms, a greater danger than any terrorist or terrorist group.

And by the way, don't give me any crap about all your "dedicated professionals." It's not their dedication I doubt and at least for most of them, it's not their professionalism I question. It's the very nature of the enterprise in which they are engaged, an enterprise which strikes at the very heart of the personal freedom and the personal privacy that are vital to the core foundation of any people who strive to be and remain free.

But instead of officials proposing actual changes even merely to limit the abuses, without even claiming to stop them or even focus on them, we get a sort of good-cop-bad-cop public relations campaign to lull us into complacency, distract us from the issue at hand, and terrify us into accepting even more spying.

The lulling came from the White House. Understand first that there are two main pieces of legislation involved here: Section 215 of the so-called Patriot Act, which I have always called the Traitor Act because of its impact on civil liberties, which is used to justify the phone snooping, and Section 702 of the Foreign Intelligence Surveillance Act, or FISA, which is the supposed justification for the email and other internet spying on Americans.

Well, Obama supposedly responded to public outrage, supposedly recognized the need for changes to curtail the feds' ability to spy on Americans. He called for changes in the law and said he would create a panel of independent outsiders to examine NSA practices because, he said, “It’s not enough for me, as president, to have confidence in these programs. The American people need to have confidence in them as well.”

Feel all better?

Point the one: He called for changes in the Traitor Act - Section 215, about the phones - but never mentioned FISA, never mentioned Section 702, about the emails and the rest of the online stuff. And he has yet to say what specific changes he wants in the Traitor Act.

And the "independent outsiders?" It turns out that four of the five members have worked for Democratic administrations and the fifth leads a committee looking to build Obama's presidential library.

The AP reports that the review panel has effectively been operating as an arm of the Office of the Director of National Intelligence, that is, of James Clapper:
The panel's advisers work in offices on loan from the DNI [Director of National Intelligence]. Interview requests and press statements are coordinated through the DNI's press office. Its final report will be submitted for White House approval before the public can read it.
What's more, Clapper, apparently on his own authority, exempted the panel from the federal law that requires federal committees to conduct their business and their meetings openly, with the result that its meetings have been closed to the public even though participants say nothing classified was discussed.

Not enough? The consider the president’s memorandum establishing the panel. Quoting:
The Review Group will assess whether, in light of advancements in communications technologies, the U.S. employs its technical collection capabilities in a manner that optimally protects our national security and advances our foreign policy while appropriately accounting for other policy considerations, such as the risk of unauthorized disclosure and our need to maintain the public trust.
Notice that there is nothing in there, not a phrase, not a word about, not a passing pro forma mention of, preventing abuses and protecting the public's privacy and rights.

While the White House lulled, Congress - specifically, the Senate Intelligence Committee - carried on with the distracting. Recently, in what journalist Kevin Gosztola, who has followed this from the very beginning, accurately called "a sham" of a hearing on NSA spying in which the six witnesses consisted of four Obama administration officials and two so-called experts who are both rabid supporters of the spying, almost all of the members turned their attention to what they claimed are the real problems: the media and Edward Snowden.

Chair Dianne Feinstein, the biggest apologist for the national security state in the whole Congress, whose role model for "oversight" is Sgt. Schultz from "Hogan's Heroes," said the whole thing was the fault of the media and Snowden. Ranking GOPper Saxby Chambliss said Snowden will have blood on hands and should be prosecuted. GOPper Dan Coats spent so much time ranting about the media that he didn't have time to ask a single question.

Senators Tom Udall and Ron Wyden tried to do their jobs as senators in questioning the witnesses, but there was very little that could be done in the six minutes each of them had.

And then there was the ever-present, the ever-faithful, the happily-no-longer-as-effective but still-present, fear-mongering.

The day before that Senate hearing, NSA Director Alexander - the man with the starship Enterprise command center with the doors that go whoosh - said in a speech at the National Press Club that if Congress hampers the spooks' ability to gather whatever and however much information they want without even the inconvenience of warrants, well, then, the type of terrorist attack launched at a mall in Nairobi, Kenya by the group Al-Shabaab a week and a-half ago, an attack that left at least 67 dead and as of today, 39 still missing, that that kind of attack is going to come to the US!

Yes, he actually said that, in essentially so many words: The actual quote was:
If you take those [surveillance powers] away, think about the last week and what will happen in the future. If you think it’s bad now, wait until you get some of those things that happened in Nairobi.
Dianne Feinstein, by the way, didn't miss her cue, obediently echoing Alexander's bug-eyed invocation of the Nairobi slaughter in her opening remarks at the next day's hearing.

I'm running out of time and there's still more to cover, which will have to wait until next week, as will coverage of the latest report on global climate change just released by the Intergovernmental Panel on Climate Change.

So I'll just say this: An outfit called MotherboardTV got hold of a manual that includes a list of hundreds of key words the spooks use to screen and monitor emails. The group has set up a site - nsa.motherboard.tv - which generates sentences that are entirely innocent but contain as many of these key words as possible.

A few of my favorite examples, with the keywords in italics, are:

- Working titles for my grindcore band: Blister Agent, Spillover, Agro Terror, Brute Forcing, Temblor.
- I have a bacterial infection. Food poisoning. A toxic plume made an evacuation from my bowels.
- Erosion of US hegemony is a disaster. We ignored the warnings and outsourced an avalanche of jobs to China.
- Character assassination isn't funny. Call Edna a toxic bitch one more time, and find yourself a new bridge game.

Sources:
http://dissenter.firedoglake.com/2013/09/28/obama-allowed-continued-expansion-of-nsa-program-to-collect-data-on-some-americans-social-networks/
https://www.aclu.org/
http://www.foreignpolicy.com/articles/2013/09/08/the_cowboy_of_the_nsa_keith_alexander?wp_login_redirect=0
http://www.huffingtonpost.com/2013/09/26/keith-alexander-nsa_n_3998071.html
http://www.mcclatchydc.com/2013/08/14/199404/obamas-surveillance-revisions.html#.UkXB2z-Pzpc
http://www.businessweek.com/articles/2013-08-13/obama-puts-spies-in-charge-of-investigating-spies
http://bigstory.ap.org/article/close-ties-between-white-house-nsa-spying-review
http://www.huffingtonpost.com/2013/09/26/senators-nsa-media_n_3998229.html?ref=topbar
http://dissenter.firedoglake.com/2013/09/26/nsa-director-supports-putting-all-americans-phone-records-in-lockbox/
http://www.theguardian.com/commentisfree/2013/sep/27/ron-wyden-nsa-systematically-deceived
https://www.youtube.com/watch?v=34ag4nkSh7Q
http://thehill.com/homenews/administration/324747-top-spook-asks-public-for-backup
http://www.independent.co.uk/news/world/africa/kenya-mall-attack-sixth-briton-confirmed-dead-after-nairobi-westgate-shopping-centre-massacre-8846266.html
http://www.scribd.com/doc/150435756/How-the-DHS-Monitors-You-on-the-Internet#page=21
http://nsa.motherboard.tv/

128.7 - Clown Award: AIG CEO Robert Benmosche

Clown Award: AIG CEO Robert Benmosche

Okay, now time for our other regular weekly feature, the Clown Award, given as always for meritorious stupidity.

Just quickly before I bestow the big red nose this week, I want to mention that I had a runner-up, a very close second, close enough to deserve a mention.

It was Guido Barilla, the chairman of Barilla Group, the pasta company. Barilla said last week his company will not feature any gay families in its advertisements because he likes the "traditional" family. If someone disagrees, well, they can go "eat another brand of pasta."

The anti-gay remarks generated pushback and Barilla quickly issued an apology which started with the usual non-apology of "I'm sorry if anyone was offended" and insisted "I do respect gay people and everybody's freedom of expression," and then, hilariously, said "I just wanted to underline the centrality of the woman's role in the family." Which not only means that he is apparently blissfully unaware of the fact that a same-sex couple can be two women as well as two men, but that instead of being a homophobe, he's just an old-fashioned sexist.

But getting to this week's dishonoree, the big red nose goes to the CEO of AIG, Robert Benmosche. AIG was the company whose insane investment strategy was to sell credit default swaps on mortgages to everyone - economically betting that housing prices would never, ever, go down - and whose collapse would thus bring down not only AIG but a whole bunch of other companies that depended on the value and stability of those swaps.

When Lehman Brothers went bankrupt the fall of 2008, AIG was about to go down as well. But the Federal Reserve stepped in with a huge bailout to keep the company afloat, its rubber raft pumped full of public - taxpayer - dollars. One hundred eighty-two billion public dollars, to be more exact.

So when in March 2009 AIG executives paid themselves $165 million in bonuses, including 73 upper muckety-mucks who got more than $1 million each, it caused a bit of a ruckus.

It was, according to Benmosche, unconscionable. Not the bonuses, the criticisms of the bonuses.

In fact, he literally - in the true sense of the word, literally - compared the criticisms of AIG executive paying themselves bonuses with public money after they drove their company into bankruptcy, literally compared the criticisms with lynchings of blacks in the old South.

He told the Wall Street Journal that the criticism
was intended to stir public anger, to get everybody out there with their pitch forks and their hangman nooses, and all that - sort of like what we did in the Deep South [decades ago]. And I think it was just as bad and just as wrong.
And sure, you can see the comparison, see how one is just like the other, of course you can. Better Markets, a public interest group, noted that AIG executives kept their "bonuses, mansions, boats, sports cars, club memberships, house help and everything else." And the blacks who were lynched got to keep ... well, they didn't get to keep anything, actually, not even their lives. But still you can see how one is just like the other - if you're a clown like Robert Benmosche.

Sources:
http://www.huffingtonpost.com/2013/09/26/barilla-pasta-anti-gay_n_3995679.html
http://news.firedoglake.com/2013/09/25/aig-ceo-anger-over-bonuses-just-as-bad-as-lynchings-in-deep-south/
http://money.cnn.com/2013/09/24/news/companies/aig-ceo-bonuses/index.html
http://www.thenation.com/article/153929/aig-bailout-scandal#

128.6 - Outrage of the Week: government shutdown

Outrage of the Week: government shutdown

Okay, it's time for one of our regular weekly features, the Outrage of the Week.

You know, I generally at least try to avoid topics that are so much in the news unless I think I can offer some perspective clearly different from what you get in the mainstream media. Which actually is true most of the time, but still, you know that I generally don't talk about The Big News of the Day.

But two things inspired me to make an exception this week and to make the government shutdown the Outrage of the Week.

One inspiration, quite frankly, was the image to the right. It's the front page of the New York Daily News for October 1 and I think it is such a brilliant summing up of the case that I had to have a reason to include it in the show.

And let's not forget, all the ransom the tea baggers are demanding for deigning to allow the government to function is for a continuing resolution that funds the government until December 15. Which means even if you gave in and gave them everything in their wish list, in what, 10 weeks, the cretins of Congress could be making a whole new set of demands, taking a whole new set of legislative hostages.

Before the shutdown actually happened, some people were speculating on if the right wing was, as much of the mass media would have it, playing political chicken and that a deal would be worked out in the last minute or at worst on the first day or two of the shutdown. In response, I wrote that, quoting myself,
the wingnuts and wackos are not just playing games but that they really do want to shut down the government. Because they genuinely do hate the idea that the government has a responsibility to "promote the general welfare" and are quite willing to see tens of millions of others - including many of their own supporters - suffer in service to their reactionary ideology.
That's the core: Why are they willing to go to the wall and even through it? Because they don't care if people suffer. Because, for a lot of them, it doesn't affect them, so they just don't care.

As one example, one GOPper in the House, one David Schweikert of Arizona, was positively flippant, referring to the shutdown as part of a "dance" and saying of the shutdown "This is my idea of fun." And he can say that because this dedicated public servant whose only interest is the good of the nation has a net worth of over $6.1 million. Some 800,000 people are already going without pay - but it doesn't affect him, in fact, he still gets paid, so it's "fun."

These slime-ridden death eaters, the core of them, have been gerrymandered into supremely safe seats, gotten their sinecures where they can have their fun saying no to anything and everything whether or not anyone gets hurt, whether or not anyone is denied aid of justice - because they just don't care. And that is a moral and ethical outrage.

Sources:
http://videocafe.crooksandliars.com/david/multimillionaire-republican-lawmaker-says-go
http://blogs.phoenixnewtimes.com/valleyfever/2011/12/arizonas_10-member_congression.php
http://www.thedailybeast.com/articles/2013/09/30/how-congress-will-still-get-paid-in-a-government-shutdown.html

128.5 - Hero Award #2: Peter Tabibian

Hero Award #2: Peter Tabibian

The other Hero Award is from this week and also involves a food place.

Z-Burger has four locations in Washington, DC, region. A large part of its clientele is civil servants and Peter Tabibian, founder and proprietor of the mini-chain, figured he owed them something.

So he said that any federal workers who find themselves furloughed could come into any one of his locations, show their ID, and get a free burger at noon and again around 6pm.

The company anticipates an average of 5,000 burgers – which translates to $2,500 dollars in lost profits - will be given out every day while the government is shutdown.

Tabibian says if the government doesn’t reopen within 20 days, it could take a huge bite out of his bottom line. But, he says, that won’t stop him from seeing this through to the very end.

Because, seeing the right thing, he realized that his personal interests are not the only important ones. I know nothing more of his overall political and social views than I know of Joey Prusak's. It doesn't matter. On this, he is a Hero.

Sources:
http://www.huffingtonpost.com/2013/10/01/z-burger-free_n_4016989.html
http://smallbusiness.foxbusiness.com/entrepreneurs/2013/10/01/dc-restaurant-serving-free-burgers-during-shutdown/

128.4 - Hero Award #1: Joey Prusak

Hero Award #1: Joey Prusak

I have two Hero Awards this week. The Hero Award is something we give from time to time, awarded to people who on some matter big or small just did the right thing.

The first goes to 19-year-old Joey Prusak, a worker at a Dairy Queen in Hopkins, Minnesota.

A couple of weeks ago, a blind man who'd just placed an order accidentally dropped a $20 bill on the floor. Before Prusak could say anything, a women he described as being in her 50s or 60s swept in behind the man as he fumbled with his wallet, picked up the twenty, and stuffed it in her purse.

Prusak, who said he "was kind of in shock" and "appalled," told the woman to give the money back - but she boldly claimed that it was her money.

He said he'd seen everything, he saw her pick it up, but she only argued louder. Finally, he told her if she didn't return the money he was going to have her leave the store. He refused to serve her and she finally left but not before after letting loose with what he called "some choice words."

After she left, he sat with the blind man, told him what had happened, took out his wallet, and gave him $20 of his own money. Then he went back to work.

The whole thing was witnessed by another customer, who wrote to the store about it - and well, story wound up going viral. So I just wanted to add my own little approbation: Joey Prusak, hero.

Sources:
http://www.nydailynews.com/news/national/dairy-queen-worker-confronts-woman-blind-man-money-article-1.1460961

128.3 - Good news #3: Monsanto Protection Act is dead

Good news #3: Monsanto Protection Act is dead

And one more bit of good news on a different topic:

The Monsanto Protection Act is dead. The House included it in its version of the Continuing Resolution but the Senate has stripped it out and there appears no move in the House to put it back in. It will now expire.

The fact that you likely don't even know what the Monsanto Protection Act is, is part of the reason this is good news.

"The Monsanto Protection Act" wasn't it's actual name. It referred to a rider that was mysteriously inserted into an emergency government spending bill signed in March; "mysteriously" because no one would admit to being responsible for getting the language into the bill. Ultimately, GOPper Sen. Roy Blunt confessed to working with Monsanto to get the rider included.

The Monsanto Protection Act effectively stripped from both government agencies and the courts the ability to regulate GMOs, genetically-modified organisms - particularly the seeds, the genetically-modified, patent-protected, seeds of grains and other plants sold to farmers by outfits like Syngenta, Bayer, Dupont, and yes and most particularly, Monsanto.

I'm not here going to get into the arguments about GMO seeds, about whether they will ultimately be boons or banes. I will say that on the evidence so far I go with the latter and that I as a general rule oppose them scientifically because there are still too many unknowns, economically and socially because they wind up trapping farmers into an economic bondage with these corporations (since they have to buy new seeds every year and then use the particular pesticides or herbicides to which the plants are designed to be resistant, products made - of course - by those same corporations), and politically because their development and survival in the market has so far depended on government largesse and the corporation campaign donations that buy it.

But regardless of whether or not my objections - which are hardly mine alone - can be overcome, the Monsanto Protection Act still stood as a prime example of the dirty, sneaky, slimy way corporations get their way. So it's good news that at least this time, they failed.

Sources:
http://www.huffingtonpost.com/2013/09/11/monsanto-protection-act-extension_n_3908249.html
http://www.dailykos.com/story/2013/09/25/1241315/-Sen-Tester-Kills-Monsanto-Protection-Rider
http://www.stltoday.com/news/opinion/columns/the-platform/short-take-sneaky-monsanto-protection-act-set-to-expire/article_dbdeb20a-68ea-56d2-a7a2-9224bc210079.html
http://www.foodlawfirm.com/2013/04/the-monsanto-protection-act/
https://duckduckgo.com/?q=no+gmo

128.2 - Good news #2: same-sex marriage advances in New Jersey

Good news #2: same-sex marriage advances in New Jersey

Related to the previous bit, there is progress on the same-sex marriage front in my home state of New Jersey, where Mercer County Superior Court judge Mary Jacobson last week that same-sex couples can marry in the Garden State starting October 21.

Jacobson said she made her decision in light of the US Supreme Court's decision that threw out parts of DOMA, the Defense of Marriage Act, as unconstitutional.

New Jersey does allow for civil unions, but that status still denies such couples access to a large number of federal benefits available to married couples and Jacobson said that violates the equal protection guarantees of the state constitution.

New Jersey Gov. Chris Christie has asked the state Supreme Court to take up the case, by-passing the appeals level. Whether or not that happens, it will get to the state Supreme Court eventually. So the ruling may still be overturned, but it may not and in either event does serve as another example to show which way the tide is running.

I've said it before: We're losing in a lot of ways, but on this one, justice is winning.

Sources:
http://www.huffingtonpost.com/2013/09/27/new-jersey-gay-marriage-_n_4004723.html
http://talkingpointsmemo.com/news/christie-asks-to-appeal-ruling-delay-start-of-nj-gay-marriages

128.1 - Good news #1: "kiss-in" in Italian parliament

Good news #1: "kiss-in" in Italian parliament

I will start this week, as I always like to do when I can, with a few examples of good news.

First, two bits from what seems to be the big area for good news these days, that of same-sex rights.

Italy is a nation that, like the US, is behind a good part of the rest of the world in this. In fact, in at least some ways, Italy is even behind the US. Nonetheless, even there, there are signs of changes.

A bit over a week and a half-ago, dozens of Italian lawmakers staged a massive “kiss-in” during a legislative session in support of a measure to extend a 1993 anti-discrimination law to include crimes motivated by homophobia or transphobia.

In response, MP Federica Daga tweeted a photo of the protest and said, “Equal rights and dignity without gender. Because a kiss and a hug are not scary.”

The bill actually passed the lower house of the Italian legislature. It's expected to fail in the Senate, but it wasn't that long ago that for it even to get this far would have been unthinkable.

Sources:
http://www.salon.com/2013/09/20/italian_lawmakers_stage_massive_kiss_in_for_gay_rights/
http://www.towleroad.com/2013/09/m5s.html

Left Side of the Aisle #128




Left Side of the Aisle
for the week of October 3-9, 2013

This week:
Good news 1: "kiss-in" in Italian parliament
http://www.salon.com/2013/09/20/italian_lawmakers_stage_massive_kiss_in_for_gay_rights/
http://www.towleroad.com/2013/09/m5s.html

Good news 2: same-sex marriage advances in New Jersey
http://www.huffingtonpost.com/2013/09/27/new-jersey-gay-marriage-_n_4004723.html
http://talkingpointsmemo.com/news/christie-asks-to-appeal-ruling-delay-start-of-nj-gay-marriages

Good news 3: Monsanto Protection Act is dead
http://www.huffingtonpost.com/2013/09/11/monsanto-protection-act-extension_n_3908249.html
http://www.dailykos.com/story/2013/09/25/1241315/-Sen-Tester-Kills-Monsanto-Protection-Rider
http://www.stltoday.com/news/opinion/columns/the-platform/short-take-sneaky-monsanto-protection-act-set-to-expire/article_dbdeb20a-68ea-56d2-a7a2-9224bc210079.html
http://www.foodlawfirm.com/2013/04/the-monsanto-protection-act/
https://duckduckgo.com/?q=no+gmo

Hero Award 1: Joey Prusak
http://www.nydailynews.com/news/national/dairy-queen-worker-confronts-woman-blind-man-money-article-1.1460961

Hero Award 2: Peter Tabibian
http://www.huffingtonpost.com/2013/10/01/z-burger-free_n_4016989.html
http://smallbusiness.foxbusiness.com/entrepreneurs/2013/10/01/dc-restaurant-serving-free-burgers-during-shutdown/

Outrage of the Week: Government shutdown
http://videocafe.crooksandliars.com/david/multimillionaire-republican-lawmaker-says-go
http://blogs.phoenixnewtimes.com/valleyfever/2011/12/arizonas_10-member_congression.php
http://www.thedailybeast.com/articles/2013/09/30/how-congress-will-still-get-paid-in-a-government-shutdown.html

Clown Award: AIG CEO Robert Benmosche
http://www.huffingtonpost.com/2013/09/26/barilla-pasta-anti-gay_n_3995679.html?utm_hp_ref=mostpopular
http://news.firedoglake.com/2013/09/25/aig-ceo-anger-over-bonuses-just-as-bad-as-lynchings-in-deep-south/
http://money.cnn.com/2013/09/24/news/companies/aig-ceo-bonuses/index.html
http://www.thenation.com/article/153929/aig-bailout-scandal#

More on NSA spying
http://dissenter.firedoglake.com/2013/09/28/obama-allowed-continued-expansion-of-nsa-program-to-collect-data-on-some-americans-social-networks/
http://www.foreignpolicy.com/articles/2013/09/08/the_cowboy_of_the_nsa_keith_alexander?wp_login_redirect=0
http://www.huffingtonpost.com/2013/09/26/keith-alexander-nsa_n_3998071.html
http://www.mcclatchydc.com/2013/08/14/199404/obamas-surveillance-revisions.html#.UkXB2z-Pzpc
http://www.businessweek.com/articles/2013-08-13/obama-puts-spies-in-charge-of-investigating-spies
http://bigstory.ap.org/article/close-ties-between-white-house-nsa-spying-review
http://www.huffingtonpost.com/2013/09/26/senators-nsa-media_n_3998229.html?ref=topbar
http://dissenter.firedoglake.com/2013/09/26/nsa-director-supports-putting-all-americans-phone-records-in-lockbox/
http://www.theguardian.com/commentisfree/2013/sep/27/ron-wyden-nsa-systematically-deceived
https://www.youtube.com/watch?v=34ag4nkSh7Q
http://thehill.com/homenews/administration/324747-top-spook-asks-public-for-backup
http://www.independent.co.uk/news/world/africa/kenya-mall-attack-sixth-briton-confirmed-dead-after-nairobi-westgate-shopping-centre-massacre-8846266.html
http://www.scribd.com/doc/150435756/How-the-DHS-Monitors-You-on-the-Internet#page=21
http://nsa.motherboard.tv/

Thursday, September 26, 2013

Weekly reminder

As of September 26, at least 8,725 people had been killed by gunfire in the US since Newtown, at least 88 of them in Massachusetts.

127.4 - Revelations of NSA spying: September

Revelations of NSA spying: September

Now we get to September, which brought news that the Qatar-based news agency al-Jazeera was targeted by the NSA, which hacked into al-Jazeera’s internal communications system. Apparently being an Arab news agency, even though it has become respected worldwide, was enough to make it suspicious to the NSA.

Remember what I said about how in August it came out that NSA has a secret backdoor into its vast databases, a loophole enabling it to search those databases for US citizens' email and phone calls without a warrant, that is, to target US citizens?

In September, it came out that in 2008, the FISC, the FISA Court, had specifically banned those sorts of searches - until the Obama administration convinced the court in 2011 to reverse those restrictions specifically to allow for those searches to be done, as they have been.

In addition, the court lengthened the time that the NSA is allowed to retain those communications from five years to six years - and even longer under some circumstances. And remember, this is being done under the color of a law specifically intended to target foreigners outside the US but may even refer to purely domestic communications supposedly gathered up "inadvertently" and which by rights shouldn't have been in those databases in the first place.

Government officials actually defend this, defend essentially throwing away the Fourth Amendment on the grounds that, to come to the nub of the argument, "Hey, if we got it, we can use it."

And don't think encrypting your communications is going to protect you. Early this month, the NY Times reported that
[t]he National Security Agency is winning its long-running secret war on encryption, using supercomputers, technical trickery, court orders and behind-the-scenes persuasion to undermine the major tools protecting the privacy of everyday communications in the Internet age.
Global commerce and banking systems, trade secrets, medical records, e-mails, web searches, Internet chats, phone calls - none of it is safe or secure.

Indeed, the German newspaper Der Spiegel reported in mid-September that the NSA has set up its own financial database to track money flows through a "tailored access operations" division which widely monitors international payments, banking and credit card transactions.

The spying is conducted by a branch called "Follow the Money." The collected information flows into the NSA's financial databank, called "Tracfin," which in 2011 contained 180 million records, some 84 percent of which is from credit card transactions focused on customers in Europe, the Middle East and Africa. This is another case where it's not supposed to affect US citizens but may well anyway, especially because another specified target of the agency is SWIFT, a worldwide network used by thousands of banks to make transactions securely. Apparently, wanting your financial transactions to be secure and remain personal is, like everything else, suspicious in the eyes of the spies.

And even if it doesn't affect Americans, it still makes mincemeat out of the claim that the whole spying apparatus is designed to "target" "foreign" "terrorists." On the other hand, "target" already has its new definition, and it has long been clear that "terrorist" is, to put it mildly, a rather flexible term. Maybe "foreign" also has its own strange usage we hadn't previously been aware of.

Many internet users assume that their data is safe, and the NSA wants to keep it that way. The agency treats its success in deciphering protected information, which is done under a classified program code-named Bullrun, as one of its most closely guarded secrets.

It especially doesn't want you to know about its covert measures to ensure its control over international encryption standards, up to and including collaboration with technology companies and internet service providers themselves, through which the agency has them insert backdoors into commercial encryption software, by which the agency can simply evade any protections that the software supposedly offers. Ordinary users, tellingly referred to in the documents as "adversaries," are not even supposed to know such backdoors exist.

To show you how important this is to the spies, funding for this program is more than 12 times that of the PRISM program that monitors our internet usage. By the way, none of the companies involved in privacy-busting partnerships are named; those details are even more highly classified than the program itself.

One last thing for now, one other thing the government really, really, doesn't want you to know but which we learned about in September is that the US routinely turns over raw intelligence data to Israel without first sifting it to remove information about US citizens. This despite all the indignant assurances of rigorous safeguards to protect the privacy of US citizens whose data is swept up in the NSA nets, which apparently are simply bold-faced lies, at least when it comes to dealings with Israel.

And Israel can do whatever it damn well pleases with this information; the agreement specifically says that it
is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law.
So Israel can use this data as it pleases - with one exception, a quite revealing one: The agreement requires the Israelis to "destroy upon recognition" any communication "that is either to or from an official of the US government," including "officials of the executive branch (including the White House, cabinet departments, and independent agencies), the US House of Representatives and Senate (member and staff) and the US federal court system (including, but not limited to, the supreme court)."

The Guardian pointedly notes that it's not clear "how or why the NSA would be in possession of such communications," but what is clear is that the government is saying its communications must remain private and protected while yours must be open to prying eyes.

I've said before that the goal here, a goal eagerly embraced and vigorously pursued by the Obama gang, is for them to know more and more about us while we know less and less about them.

Next week I intend to talk about some of the lame defenses of all this and the vacuous "reforms" suggested by the Amazing Mr. O.

Sources:
http://www.salon.com/2013/09/01/report_nsa_spied_on_al_jazeera_internal_communications/?source=newsletter
http://www.huffingtonpost.com/2013/09/07/obama-restrictions-nsa_n_3887978.html?utm_hp_ref=politics&ir=Politics
http://www.nytimes.com/2013/09/06/us/nsa-foils-much-internet-encryption.html?smid=pl-share
http://www.spiegel.de/international/world/spiegel-exclusive-nsa-spies-on-international-bank-transactions-a-922276.html
http://www.theguardian.com/world/2013/sep/05/nsa-gchq-encryption-codes-security
http://www.theguardian.com/world/2013/sep/11/nsa-americans-personal-data-israel-documents

127.3 - Revelations of NSA spying: August

Revelations of NSA spying: August

Come August, we were told about a secretive unit of the Drug Enforcement Administration called the Special Operations Division, which apparently has access to the NSA's massive database of telephone records and is using it to launch criminal investigations of Americans - not "national security" cases, ordinary crimes - after which law enforcement agents who use the information "recreate" the investigative trail - that is, they lie about how such investigations actually got started in order to keep the involvement of the Special Operations Division secret.

Early in the month, journalists noted something that had been overlooked in a document uncovered back in June. Recall that under the 2008 amendments to FISA, the NSA could do "cross-border surveillance," that is, it could spy on US soil without warrants so long as the “target” was a noncitizen who was outside the US at the time of the spying.

In a set of rules for how the NSA will carry out the law, one rule, the only one marked "Top Secret," says that the agency “seeks to acquire communications about the target that are not to or from the target.” [My emphasis.] In other words, the NSA is not just intercepting the communications of Americans who are in direct contact with foreigners targeted overseas, it's also intercepting almost all the communications of Americans which either start or end outside the US and searching them - without warrants - for any that make reference to information that is about or linked to those foreigners. That's a far wider net than what had previously been admitted.

And, supposedly, it's all okay because those foreigners are still the ones being "targeted." Timothy Edgar, a former intelligence official in the Bush and Obama administrations, said “There is an ambiguity in the law about what it means to ‘target’ someone.”

In the scifi fantasy classic Hitchhiker's Guide to the Galaxy, Arthur Dent, upon being told he is "safe" in a cabin of one of the spaceships of the Vogon Constructor Fleet which has just destroyed the planet Earth, says "This is obviously some strange usage of the word 'safe' that I hadn't previously been aware of." We can all understand how he felt, as it appears that in the minds of the spooks, "target" joins "transparent," "collect," and "relevant" with its own strange usage we hadn't previously been aware of.

We also found out early in August that the NSA has a secret backdoor into its vast databases under a legal authority from the Obama administration enabling it to search for US citizens' email and phone calls without a warrant.

Under FISA, again, the NSA can target people for surveillance without a warrant if they are non-US citizens and outside the US at the time the data is collected. That applies even if the other end of that communication is a US citizen inside the US. The point here is that the NSA admits that information about purely domestic communications can be "inadvertently" gathered up at the same time and put in the databases - and this new rule, which dates from 2011, allows operatives to hunt for individual Americans' communications using their name or some other identifying information, even if they are inside the US and even if they are not actually targets for surveillance. As long as it's in the database, they can search for it, without a warrant, even if it shouldn't have been there in the first place.

So much for the claims from both Obama and senior spooks that the privacy of US citizens is protected.

Oh, but it is! It is! Because there are rules! And we know NSA agents would never break the rules!

Except that, um, they do. Rather frequently. In fact, it turned out in mid-August that since Congress granted the NSA its new powers in 2008, the agency has broken privacy rules or overstepped its legal authority thousands of times each year - and the NSA knew it.

And that figure is based on an internal agency audit which only includ incidents at NSA facilities in the Washington, DC area. According to three separate government officials, the number would be multiplied if it included other NSA operating units and regional collection centers.

Some of these violations were truly accidental, including improper surveillance as the result of a typographical error in an order - but many others were not, including violation of court orders and conducting programs without even informing the FISC, on top of which top officials decided they didn't even have to report some violations and took steps to hide others from the FISC and the Justice Department by removing details and substituting generic language - in other words, a coverup.

Other abuses and violations weren't social or political, they were personal. The NSA admitted in August that some of its analysts deliberately abused its surveillance systems to to spy on people in which they had romantic interests or a former spouse. The agency insists this is rare but it's common enough to have gained its own label. Just like spooks use the term "sigint" as shorthand for "signals intelligence," this is "LOVEint," for "love intelligence."

And, as NSA and its champions in and out of the Executive Branch hope you have forgotten, there was the news back in 2008 that NSA personnel routinely listened in on the intimate and innocent phone calls of Americans in Iraq, including government personnel, journalists, aid workers, and soldiers as they called back into the United States and then tell other analysts to pull up and listen to certain calls because they were "funny" or had "good phone sex."

At the same time, in August, the NSA, which would never break the rules, admitted that in each of the years 2008 to 2011, one of its surveillance programs had unlawfully gathered as many as 56,000 emails and other communications by Americans who were not suspected of any connection to terrorism. That revelation came as the result of a federal suit by the Electronic Frontier Foundation, which fought the government in court for over a year to get the related documents declassified.

August was also when we learned that the US's surveillance programs violate an international agreement between the US and the European Union meant to ensure cross-border data protection. We learned that when Germany demanded a new agreement with the US not to spy on one another after Germany's independent privacy watchdogs raised the alarm.

And it's not just European allies that are targeted: The NSA is also spying on the United Nations, having cracked the encryption code needed for the organization’s internal videoconferencing calls. Such surveillance of the UN is illegal under international law. The US, it turns out, isn't the only nation doing this - but that doesn't make it any less illegal.

Sources:
http://www.huffingtonpost.com/2013/08/05/dea-surveillance-cover-up_n_3706207.html
http://www.nytimes.com/2013/08/08/us/broader-sifting-of-data-abroad-is-seen-by-nsa.html?pagewanted=all&_r=0
http://www.quotationspage.com/quote/718.html
http://www.theguardian.com/world/2013/aug/09/nsa-loophole-warrantless-searches-email-calls
http://www.washingtonpost.com/world/national-security/nsa-broke-privacy-rules-thousands-of-times-per-year-audit-finds/2013/08/15/3310e554-05ca-11e3-a07f-49ddc7417125_story.html?hpid=z1
http://www.salon.com/2013/08/16/nsa_broke_privacy_laws_thousands_of_times_a_year/?source=newsletter
http://www.huffingtonpost.com/2013/08/15/nsa-surveillance-privacy-rules_n_3765063.html?ref=topbar
http://www.theguardian.com/world/2013/aug/24/nsa-analysts-abused-surveillance-systems
http://www.wired.com/threatlevel/2008/10/we-snooped-on-i/
http://www.huffingtonpost.com/2013/08/21/nsa-email-collection_n_3791459.html
https://www.eff.org/
https://www.eff.org/deeplinks/2013/08/eff-victory-results-expected-release-secret-court-opinion-finding-nsa-surveillance
http://www.huffingtonpost.com/2013/08/12/us-germany-no-spying-agreement_n_3744791.html?ref=topbar
http://www.salon.com/2013/08/26/nsa_hacks_the_united_nations_newscred/

127.2 - Revelations of NSA spying: July

Revelations of NSA spying: July

Come July, we started to learn more about how the FISA court, the secret court whose very secrecy somehow creates transparency in government, has turned itself into what the New York Times called
almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come.

In more than a dozen classified rulings, the court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans while pursuing not only terrorism suspects, but also people possibly involved in nuclear proliferation, espionage, and cyberattacks.
The court has embraced multiple ways of expanding the powers of the spooks to poke, prod, and pry into our lives, multiple ways to justify giving such all but unlimited spying authority to the NSA and other spy agencies in spite of both domestic and international law as well as the Constitution. It turns out one "reason," one justification, is that just like Barack Obama apparently has his own definition of "transparent" and Clapper claimed he didn't lie to Congress because he has his own definition of "collection," so too does the FISA court have its own definition of "relevant" - as in when evidence is "relevant" to an on-going investigation. The Supreme Court ruled in 1991 that "relevant" means there is a "reasonable possibility" it could produce important information. The FISC, however, apparently charmed by the government's argument that, as one official put it, "you can't find a needle in a haystack unless you have a haystack," decided that essentially all information that can be gathered, everything, is by definition "relevant."

For another example, it has expanded the use of the so-called “special needs” doctrine to effectively exempt the collection and examination of our communications data from the requirements of the Fourth Amendment. The "special needs" doctrine was invented in 1989 by the Supreme Court in a ruling allowing the drug testing of railway workers, finding that this supposedly minimal intrusion on privacy was justified by the government’s need to combat an overriding public danger, in that case railroad crashes. The FISA court decided that this doesn't just apply to specific individual cases - it applies everywhere to everyone.

The court got nearly 1800 requests from the spies for surveillance orders last year. It approved every single one of them. Which could be yet another definition of "transparency."

We learned, too, that there are multiple, independent surveillance programs with names like EvilOlive, ShellTrumpet, MoonLightPath, and Spinneret. And one called X-Keyscore that, with just an email address and a few keystrokes, can give a data analyst access to nearly everything a user does on the Internet – from chat sessions to email to browsing.

Edward Snowden, whose release of documents made much of this knowledge possible, said “I, sitting at my desk could wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email.”

The program allows analysts, with no prior authorization, to search through vast databases containing emails, online chats and the browsing histories of millions of individuals.

Sources:
http://crooksandliars.com/susie-madrak/secret-fisa-court-widens-power-nsa-sp
http://www.nytimes.com/2013/07/07/us/in-secret-court-vastly-broadens-powers-of-nsa.html?_r=1&
http://www.theatlanticwire.com/politics/2013/07/easy-way-government-get-around-secrecy-rules-change-them/66913/
http://techcrunch.com/2013/07/31/nsa-project-x-keyscore-collects-nearly-everything-you-do-on-the-internet/?icid=maing-grid7%7Chtmlws-sb-bb%7Cdl1%7Csec1_lnk3%26pLid%3D351747
http://www.theguardian.com/world/2013/jul/31/nsa-top-secret-program-online-data
 
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