Blog

  • Jessie Ware - 110%

    posted by Keito
    2013-01-23 20:39:47
  • RIP Aaron Swartz

    posted by Keito
    2013-01-12 22:27:39
    Your talent and passion will be missed.

    I think Tim Berners-Lee put it quite eloquently:

    "Aaron is dead.

    Wanderers in this crazy world,
    we have lost a mentor, a wise elder.

    Hackers for right, we are one down,
    we have lost one of our own.

    Nurtures, careers, listeners, feeders,
    parents all,
    we have lost a child.

    Let us all weep."

    http://boingboing.net/2013/01/12/rip-aaron-swartz.html

    https://www.eff.org/deeplinks/2013/01/farewell-aaron-swartz

    http://lessig.tumblr.com/post/40347463044/prosecutor-as-bully
  • Congress Disgracefully Approves the FISA Warrantless Spying Bill for Five More Years, Rejects All Privacy Amendments

    posted by Keito
    2012-12-29 11:33:54
    'Today, after just one day of rushed debate, the Senate shamefully voted on a five-year extension to the FISA Amendments Act, an unconsitutional law that openly allows for warrantless surveillance of Americans' overseas communications.

    Incredibly, the Senate rejected all the proposed amendments that would have brought a modicum of transparency and oversight to the government's activities, despite previous refusals by the Executive branch to even estimate how many Americans are surveilled by this program or reveal critical secret court rulings interpreting it.

    The common-sense amendments the Senate hastily rejected were modest in scope and written with the utmost deference to national security concerns. The Senate had months to consider them, but waited until four days before the law was to expire to bring them to the floor, and then used the contrived time crunch to stifle any chances of them passing.

    Sen. Ron Wyden's amendment would not have taken away any of the NSA's powers, it just would have forced intelligence agencies to send Congress a report every year detailing how their surveillance was affecting ordinary Americans. Yet Congress voted to be purposely kept in the dark about a general estimate of how many Americans have been spied on.

    You can watch Sen. Ron Wyden's entire, riveting floor speech on the privacy dangers and lack of oversight in the FISA Amendments Act here.

    Sen. Jeff Merkley's amendment would have encouraged (not even forced!) the Attorney General to declassify portions of secret FISA court opinions—or just release summaries of them if they were too sensitive. This is something the administration itself promised to do three years ago. We know—because the government has admitted—that at least one of those opinions concluded the government had violated the Constitution. Yet Congress also voted to keep this potentially critical interpretation of a public law a secret.

    Tellingly, Sen. Rand Paul's "Fourth Amendment Protection Act," which would have affirmed Americans' emails are protected from unwarranted search and seizures (just like physical letters and phone calls), was voted down by the Senate in a landslide.

    The final vote for re-authorizing five more years of the FISA Amendments Act and secretive domestic spying was 73-23. Our thanks goes out to the twenty-three brave Senators who stood up for Americans' constitutional rights yesterday. If only we had more like them.

    Of course, the fight against illegal and unconsitutional warrantless wiretapping is far from over. Since neither the President, who once campaigned on a return to rule of law on surveillance of Americans, nor the Congress, which has proven to be the enabler-in-chief of the Executive's overreach, have been willing to protect the privacy of Americans in their digital papers, all eyes should now turn to the Courts.

    EFF was just in federal court in San Francisco two weeks ago, challenging the NSA's untargeted dragnet warrantless surveillance program. And the Supreme Court will soon rule whether the ACLU's constitutional challenge to the "targeted" portions of the FISA Amendments Act can go forward.

    But make no mistake: this vote was nothing less than abdication by Congress of its role as watchdog over Executive power, and a failure of its independent obligation to protect the Bill of Rights. The FISA Amendments Act and the ongoing warrantless spying on Americans has been, and will continue to be, a blight on our nation and our Constitution.'

    https://www.eff.org/deeplinks/2012/12/congress-disgracefully-approves-fisa-warrantless-eavesdropping-bill-five-more
  • Living Under Drones

    posted by Keito
    2012-09-30 12:58:59
    A new report from Stanford suggests that the ongoing terror campaign waged by the United States of America, in foreign lands far away, is having a massively detrimental effect. People living under constant fear of attack by drones. Resentment grows. Is there any wonder hatred for the US and their foreign policies exist? This is not combating terrorism... this is terrorism. This will never make the world safer. This will do nothing but make us more of a target. it will breed terrorists, who seek revenge. In the long-run, it will mean massive crackdowns by our own governments, in order to 'make us safer' when the threat of future attacks on home soil grows, as a consequence of the constant attacks made by us - a retaliation. Freedom and liberty will suffer, thanks to this wrong-doing.



    'In the United States, the dominant narrative about the use of drones in Pakistan is of a surgically precise and effective tool that makes the US safer by enabling “targeted killing” of terrorists, with minimal downsides or collateral impacts.[1]

    This narrative is false.

    Following nine months of intensive research—including two investigations in Pakistan, more than 130 interviews with victims, witnesses, and experts, and review of thousands of pages of documentation and media reporting—this report presents evidence of the damaging and counterproductive effects of current US drone strike policies. Based on extensive interviews with Pakistanis living in the regions directly affected, as well as humanitarian and medical workers, this report provides new and firsthand testimony about the negative impacts US policies are having on the civilians living under drones.

    Real threats to US security and to Pakistani civilians exist in the Pakistani border areas now targeted by drones. It is crucial that the US be able to protect itself from terrorist threats, and that the great harm caused by terrorists to Pakistani civilians be addressed. However, in light of significant evidence of harmful impacts to Pakistani civilians and to US interests, current policies to address terrorism through targeted killings and drone strikes must be carefully re-evaluated.

    It is essential that public debate about US policies take the negative effects of current policies into account.

    First, while civilian casualties are rarely acknowledged by the US government, there is significant evidence that US drone strikes have injured and killed civilians. In public statements, the US states that there have been “no” or “single digit” civilian casualties.”[2] It is difficult to obtain data on strike casualties because of US efforts to shield the drone program from democratic accountability, compounded by the obstacles to independent investigation of strikes in North Waziristan. The best currently available public aggregate data on drone strikes are provided by The Bureau of Investigative Journalism (TBIJ), an independent journalist organization. TBIJ reports that from June 2004 through mid-September 2012, available data indicate that drone strikes killed 2,562-3,325 people in Pakistan, of whom 474-881 were civilians, including 176 children.[3] TBIJ reports that these strikes also injured an additional 1,228-1,362 individuals. Where media accounts do report civilian casualties, rarely is any information provided about the victims or the communities they leave behind. This report includes the harrowing narratives of many survivors, witnesses, and family members who provided evidence of civilian injuries and deaths in drone strikes to our research team. It also presents detailed accounts of three separate strikes, for which there is evidence of civilian deaths and injuries, including a March 2011 strike on a meeting of tribal elders that killed some 40 individuals.

    Second, US drone strike policies cause considerable and under-accounted-for harm to the daily lives of ordinary civilians, beyond death and physical injury. Drones hover twenty-four hours a day over communities in northwest Pakistan, striking homes, vehicles, and public spaces without warning. Their presence terrorizes men, women, and children, giving rise to anxiety and psychological trauma among civilian communities. Those living under drones have to face the constant worry that a deadly strike may be fired at any moment, and the knowledge that they are powerless to protect themselves. These fears have affected behavior. The US practice of striking one area multiple times, and evidence that it has killed rescuers, makes both community members and humanitarian workers afraid or unwilling to assist injured victims. Some community members shy away from gathering in groups, including important tribal dispute-resolution bodies, out of fear that they may attract the attention of drone operators. Some parents choose to keep their children home, and children injured or traumatized by strikes have dropped out of school. Waziris told our researchers that the strikes have undermined cultural and religious practices related to burial, and made family members afraid to attend funerals. In addition, families who lost loved ones or their homes in drone strikes now struggle to support themselves.

    Third, publicly available evidence that the strikes have made the US safer overall is ambiguous at best. The strikes have certainly killed alleged combatants and disrupted armed actor networks. However, serious concerns about the efficacy and counter-productive nature of drone strikes have been raised. The number of “high-level” targets killed as a percentage of total casualties is extremely low—estimated at just 2%.[4] Furthermore, evidence suggests that US strikes have facilitated recruitment to violent non-state armed groups, and motivated further violent attacks. As the New York Times has reported, “drones have replaced Guantánamo as the recruiting tool of choice for militants.”[5] Drone strikes have also soured many Pakistanis on cooperation with the US and undermined US-Pakistani rel­ations. One major study shows that 74% of Pakistanis now consider the US an enemy.[6]

    Fourth, current US targeted killings and drone strike practices undermine respect for the rule of law and international legal protections and may set dangerous precedents. This report casts doubt on the legality of strikes on individuals or groups not linked to the terrorist attacks of September 11, 2001, and who do not pose imminent threats to the US. The US government’s failure to ensure basic transparency and accountability in its targeted killing policies, to provide necessary details about its targeted killing program, or adequately to set out the legal factors involved in decisions to strike hinders necessary democratic debate about a key aspect of US foreign and national security policy. US practices may also facilitate recourse to lethal force around the globe by establishing dangerous precedents for other governments. As drone manufacturers and officials successfully reduce export control barriers, and as more countries develop lethal drone technologies, these risks increase.

    In light of these concerns, this report recommends that the US conduct a fundamental re-evaluation of current targeted killing practices, taking into account all available evidence, the concerns of various stakeholders, and the short and long-term costs and benefits. A significant rethinking of current US targeted killing and drone strike policies is long overdue. US policy-makers, and the American public, cannot continue to ignore evidence of the civilian harm and counter-productive impacts of US targeted killings and drone strikes in Pakistan.

    This report also supports and reiterates the calls consistently made by rights groups and others for legality, accountability, and transparency in US drone strike policies:

    The US should fulfill its international obligations with respect to accountability and transparency, and ensure proper democratic debate about key policies. The US should:
    Release the US Department of Justice memoranda outlining the legal basis for US targeted killing in Pakistan;
    Make public critical information concerning US drone strike policies, including as previously and repeatedly reques­ted by various groups and officials:[7] the tar­geting criteria for so-called “signature” strikes; the mechanisms in place to ensure that targeting complies with international law; which laws are being applied; the nature of investigations into civilian death and injury; and mechanisms in place to track, analyze and publicly recognize civilian casualties;[8]
    Ensure independent investigations into drone strike deaths, consistent with the call made by Ben Emmerson, UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism in August 2012;[9]
    In conjunction with robust investigations and, where appropriate, prosecutions, establish compensation programs for civilians harmed by US strikes in Pakistan.
    The US should fulfill its international humanitarian and human rights law obligations with respect to the use of force, including by not using lethal force against individuals who are not members of armed groups with whom the US is in an armed conflict, or otherwise against individuals not posing an imminent threat to life. This includes not double-striking targets as first responders arrive.
    Journalists and media outlets should cease the common practice of referring simply to “militant” deaths, without further explanation. All reporting of government accounts of “militant” deaths should include acknowledgment that the US government counts all adult males killed by strikes as “militants,” absent exonerating evidence. Media accounts relying on anonymous government sources should also highlight the fact of their single-source information and of the past record of false government reports.




    [1] The US publicly describes its drone program in terms of its unprecedented ability to “distinguish … effectively between an al Qaeda terrorist and innocent civilians,” and touts its missile-armed drones as capable of conducting strikes with “astonishing” and “surgical” precision. See, e.g., John O. Brennan, Assistant to the President for Homeland Security and Counterterrorism, The Efficacy and Ethics of U.S. Counterterrorism Strategy, Remarks at the Woodrow Wilson International Center for Scholars (Apr. 30, 2012), available at http://www.wilsoncenter.org/event/the-efficacy-and-ethics-us-counterterrorism-strategy.

    [2] See Obama Administration Counterterrorism Strategy (C-Span television broadcast June 29, 2011), http://www.c-spanvideo.org/program/AdministrationCo; see also Strategic Considerations, infra Chapter 5: Strategic Considerations; Contradictions Chart, infra Appendix C.

    [3] Covert War on Terror, The Bureau of Investigative Journalism, http://www.thebureauinvestigates.com/category/projects/drones/ (last visited Sept. 12, 2012).

    [4] Peter Bergen & Megan Braun, Drone is Obama’s Weapon of Choice, CNN (Sept. 6, 2012), http://www.cnn.com/2012/09/05/opinion/bergen-obama-drone/index.html.

    [5] Jo Becker & Scott Shane, Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will, N.Y. Times (May 29, 2012), http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html?pagewanted=all.

    [6] Pew Research Center, Pakistani Public Opinion Ever More Critical of U.S.: 74% Call America an Enemy (2012), available at http://www.pewglobal.org/files/2012/06/Pew-Global-Attitudes-Project-Pakistan-Report-FINAL-Wednesday-June-27-2012.pdf.

    [7] See, e.g., Special Rapporteur on extrajudicial, summary or arbitrary executions, Study on Targeted Killings, Human Rights Council, UN Doc. A/HRC/14/24/Add.6 (May 28, 2010) (by Philip Alston), available at http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.24.Add6.pdf; US: Transfer CIA Drone Strikes to Military, Human Rights Watch (Apr. 20, 2012), http://www.hrw.org/news/2012/04/20/us-transfer-cia-drone-strikes-military; Letter from Amnesty International et al. to Barack Obama, President of the United States (May 31, 2012), available at http://www.justforeignpolicy.org/node/1242.

    [8] Letter from Amnesty International et al., supra note 7.

    [9] Terri Judd, UN ‘Should Hand Over Footage of Drone Strikes or Face UN Inquiry’, Independent (Aug. 20, 2012), http://www.independent.co.uk/news/world/asia/us-should-hand-over-footage-of-drone-strikes-or-face-un-inquiry-8061504.html.'

    http://livingunderdrones.org/
  • New Book Details the NSA’s Warrantless Wiretapping Program, As Government Moves to Avoid All Accountability in Court

    posted by Keito
    2012-09-30 12:39:23
    'Former New York Times reporter Kurt Eichenwald’s new book, published last week, provides yet more details about how the the NSA’s unconstitutional warrantless wiretapping program came about, and confirms that even top Bush Administration lawyers felt there was a “strong argument” that the program violated the law. “Officials might be slammed for violating the Fourth Amendment as a result of having listened in on calls to people inside the country and collecting so much personal data," Eichenwald wrote, and “in the future, others may question the legality” of their actions.

    Yet even today, eleven years later, the government continues to claim that no court can judge the program's legality. In the next month, the government will argue—in EFF's case in federal district court and ACLU's case in the Supreme Court—that courts must dismiss the legal challenges without ever coming to a ruling on the merits.

    Eichenwald's book, 500 Days: Secrets and Lies in the Terror Wars, describes how the NSA’s illegal program—what he calls "the most dramatic expansion of NSA's power and authority in the agency's 49 year history"— was devised just days after 9/11 to disregard requirements in the Foreign Intelligence Surveillance Act (FISA). Instead of getting individualized warrants to monitor Americans communicating overseas, the Bush administration unilaterally gave the NSA the power to sweep up millions of emails and phone calls into a database for analysis without court approval:

    Connections between a suspect e-mail address and others—accounts that both sent and received messages there, whether in the United States or not—would be examined. At that point, a more detailed level of analysis would be applied creating something of a ripple effect. The suspect e-mail address would lead to a second, the second to the accounts it contacted.

    In other words, the NSA was given the green light to warrantlessly spy of Americans communications on American soil—a power that was illegal under FISA. And the government—instead of finding probable cause for surveillance like the Constitution requires—started using a burden of proof akin to the game Six Degrees from Kevin Bacon.

    Eichenwald’s reporting, focused on the immediate aftermath of 9/11, unfortunately overlooks the NSA’s longstanding desire to live “on the network” reflected in its presentations to the incoming Bush Administration officials in December, 2000. The idea that the NSA only came up with this idea after 9/11 isn’t really accurate.* But regardless, Eichenwald's reporting makes clear that Bush administration officials were terrified that this program would become public.

    Of course, after several years, much of the NSA’s program did become public when the New York Times exposed its existence in their 2005 Pulitzer Prize winning investigation. Virtually every major news organization in the US subsequently reported on the NSA and its mass spying programs, which led to congressional investigations and a multitude of lawsuits—two which will be argued in the coming month.

    In EFF’s lawsuit, in addition to a mountain of public information including many governmental admissions, the court will see evidence from AT&T whistleblower Mark Klein showing blueprints and photographs of the NSA’s secret room in AT&T’s facility in San Francisco. Three more NSA whistleblowers, including William Binney a former high ranking official involved with the program during its infancy, also submitted affidavits laying out how the NSA illegally spied on Americans in the aftermath of 9/11.

    Despite this all of this, the government recently filed a motion in the Northern District of California invoking the controversial “state secrets” privilege. Essentially, the government argues that—even if all of the allegations are true—the case should be dismissed entirely because admitting or denying any fact would potentially endanger national security, even in the face of the government’s own craftily wordsmithed “denials” before Congress and elsewhere.

    In the ACLU’s case going before the Supreme Court this term, a group of journalists, lawyers, and human rights activists has sued over surveillance conducted after the passage of the FISA Amendments Act (FAA). The FAA was passed in 2008 and formalized some of the admitted portions of NSA’s program, allowing emails and phone calls to and from from overseas to continue to be acquired without a warrant. The government only needs one general court order to target large groups of people—even entire countries—communicating to Americans for an entire year.

    The plaintiffs, given that their professions, regularly talk to people who are almost certainly spied on. They argue that surveillance of them without warrants renders the statute unconstitutional. But the government contends the case must be dismissed on “standing” grounds because the plaintiffs can’t prove with certainty they have been surveilled, because, in a perfectly circular argument, the government won’t “admit” they have been surveilled, as if public admissions by the government is the only way to prove illegal wiretapping.

    As the ACLU writes, “The government theory of standing would render real injuries nonjusticiable and insulate the government’s surveillance activities from meaningful judicial review.” The same can be said of the ‘state secrets’ privilege in EFF’s case. The government is contending they can use government secrecy as a sword to terminate judicial accountability. It doesn’t matter how much evidence is in the public domain, just by telling the Court that the information implicates “national security," they can wall off entire subject matters from judicial oversight, effectively hiding illegality, unconstitutionality along with embarrassing or overreaching acts by NSA spooks and others.

    Eichenwald is just the latest in a long line of journalists to discuss and organize details about the NSA’s unconstitutional program. At this point the American people are well aware of the NSA’s actions – only the courts have been kept in the dark. And if the courts go along with blinding themselves, the government will have been given a license to violate the law and constitution long into the future.'



    * Before 9/11, the NSA asserted” “The volumes and routing of data make finding and processing nuggets of intelligence information more difficult. To perform both its offensive and defensive mission, NSA must ‘live on the network.’” Opsahl Decl. Ex. 4 [Vol. I, p. 214] (National Security Agency, Transition 2001 (December 2000), at 31). Moreover, the NSA asserted that its “mission will demand a powerful, permanent presence on a global telecommunications network that will host the ‘protected’ communications of Americans as well as the targeted communications of adversaries.” Id. at 32 [Vol. I, p. 215]

    https://www.eff.org/deeplinks/2012/09/new-book-details-nsa-warrantless-wiretapping-program-government-moves-avoid-all