Privacy

by

New “Freedom Act” Would Curtail the Patriot Act | Truthout

By Kelly Rucke

Two congressmen who were involved in the passage of the Patriot Act have introduced a bill that would rein in secret surveillance of Americans.

NewFreedomActAmid continuing revelations that the U.S. government not only conducted invasive surveillance on its own citizens but on world leaders — including U.S. allies — Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Rep. Jim Sensenbrenner (R-Wisc.) introduced a piece of legislation that would “restore Americans’ privacy rights by ending the government’s dragnet collection of phone records and requiring greater oversight, transparency, and accountability with respect to domestic surveillance authorities.”

Known as the USA FREEDOM Act, the legislation would “end the dragnet collection of Americans’ phone records under Section 215 of the USA PATRIOT Act — which allows the FBI to order any person or entity to hand over any tangible item to protect against international terrorism or clandestine intelligence activities — and ensures that other authorities cannot be used to justify similar dragnet collection.”

The bill, which has 16 co-sponsors from both sides of the aisle, would also implement safeguards to ensure that the U.S. government does not conduct warrantless surveillance.

A Special Advocate position would also be created to ensure that Americans’ privacy rights and civil liberties were protected, and detailed public reports about the type and frequency of Foreign Intelligence Surveillance Act (FISA) orders would also be required.

In a joint press release on Oct. 29, Leahy said he co-authored the legislation because “the government surveillance programs conducted under the Foreign Surveillance Intelligence Act are far broader than the American people previously understood. It is time for serious and meaningful reforms so we can restore confidence in our intelligence community.”

“Modest transparency and oversight provisions are not enough. We need real reform, which is why I join today with Congressman Sensenbrenner, as well as a bipartisan group of 15 Senators, to introduce the USA FREEDOM Act.”

Sensenbrenner added that although the U.S. Patriot Act was implemented after 9/11 to “keep Americans safe by ensuring information is shared among those responsible for defending our country and by enhancing the tools the intelligence community needs to identify and track terrorists … the balance between security and privacy was lost.”

He said it’s time for the judiciary committee members to come together again as they did with the Patriot Act, but this time pass a piece of legislation that protects American liberties.

“Washington must regain Americans’ trust in their government. The USA FREEDOM Act is an essential first step,” Sensenbrenner said.

Transparent surveillance practices

Introduction of the Freedom Act legislation comes after Rep. Justin Amash (R-Mich.) proposed a budget amendment bill this past July that would have defunded a portion of the NSA’s budget — specifically the portion of the agency’s budget that was used to surveil Americans’ phone records.

Amash’s bill failed to pass by 12 votes; the congressman has now come out in support of the Freedom Act.

Advocacy groups such as the American Civil Liberties Union, the National Rifle Association and privacy-rights group Stop Watching Us have all pledged their support for the legislation.

What is unique with this legislation is that Leahy and Sensenbrenner were both the primary authors of the Patriot Act, the specific piece of legislation that the Freedom Act seeks to alter.

In a joint opinion piece for Politico, Leahy and Sensenbrenner wrote that while there have been debates about the benefits of the Patriot Act since it was passed 12 years ago, collecting “millions of Americans’ phone records every day — whether they have any connection at all to terrorism — goes far beyond what Congress envisioned or intended to authorize.”

“Since the revelation that the National Security Agency is collecting the details of Americans’ phone calls on an unprecedented scale, it has come out that the government searches the content of huge troves of emails, collects in bulk the address books from email accounts and social networking sites, at least temporarily collected geolocation data from our cellphones, committed thousands of privacy violations and made substantial misrepresentations to courts and Congress.

“Not only do many of these programs raise serious legal questions, they have come at a high cost to Americans’ privacy rights, business interests and standing in the international community. It is time for a new approach.”

Though the legislation’s authors say the government’s surveillance techniques will cease to exist with the passage of the Freedom Act, the intelligence community will still be allowed to gather information on Americans.

But instead of the surveillance program’s activities being kept secret, the bill would create new oversight, auditing and public reporting requirements.

“No longer will the government be able to employ a carte-blanche approach to records collection or enact secret laws by covertly reinterpreting congressional intent,” the opinion piece says. “And to further promote privacy interests, our legislation establishes a special advocate to provide a counterweight to the surveillance interests in the FISA Court’s closed-door proceedings.”

Though Leahy and Sensenbrenner acknowledge the problems with the U.S. government’s surveillance practices, the two said that they believe Congress has to have some surveillance practices in order to keep the country safe:

“Congress did not enact FISA and the PATRIOT Act to give the government boundless surveillance powers that could sweep in the data of countless innocent Americans. If all of our phone records are relevant to counterterrorism investigations, what else could be?

“The intelligence community has failed to justify its expansive use of these laws. It is simply not accurate to say that the bulk collection of phone records has prevented dozens of terrorist plots. The most senior NSA officials have acknowledged as much in congressional testimony. We also know that the FISA court has admonished the government for making a series of substantial misrepresentations to the court regarding these programs. As a result, the intelligence community now faces a trust deficit with the American public that compromises its ability to do its job. It is not enough to just make minor tweaks around the edges. It is time for real, substantive reform.”

Source: Truthout

by

Edward Snowden asylum: US ‘disappointed’ by Russian decision | The Guardian

Edward Snowden's lawyer

By in Moscow, , and in Washington

Edward Snowden’s lawyer Anatoly Kucherena shows a copy of a temporary document allowing the whistleblower to cross the border into Russia. Photograph: AP

The White House expressed anger and dismay on Thursday after Russia granted temporary asylum to the American whistleblower Edward Snowden and allowed him to leave the Moscow airport where he had been holed up for over a month.

White House spokesman Jay Carney said the US was “extremely disappointed” by the decision, almost certainly taken personally by President Vladimir Putin. He said Moscow should hand Snowden back and hinted that Barack Obama might now boycott a bilateral meeting with Putin in September, due to be held when the US president travels to Russia for a G20 summit.

Carney added that Snowden had arrived in both China and Russia carrying with him thousands of top secret US documents. He said: “Simply the possession of that kind of highly sensitive classified information outside of secure areas is both a huge risk and a violation.

“As we know he’s been in Russia now for many weeks. There is a huge risk associated with … removing that information from secure areas. You shouldn’t do it, you can’t do it, it’s wrong.”

With US-Russian relations now at a cold war-style low, Snowden slipped out of Sheremetyevo airport on Thursday afternoon. His lawyer, Anatoly Kucherena, said Russia’s federal migration service had granted him temporary asylum for one year. Snowden had left the airport to stay at an undisclosed location with expatriate Americans, he added.

Putin made no immediate comment. But having weighed Russia’s options for some weeks, he appears to have decided that Snowden’s propaganda value outweighs any possible US repercussions. Obama’s already floundering attempts to “reset”, or improve, relations with Moscow are in effect over.

In a statement released by WikiLeaks, Snowden thanked the Russian authorities and accused the US of behaving illegally. He made no explicit mention of the trial of Bradley Manning, who this week was convicted of espionage and faces 136 years in jail.

Snowden said: “Over the past eight weeks we have seen the Obama administration show no respect for international or domestic law, but in the end the law is winning.”

He added: “I thank the Russian Federation for granting me asylum in accordance with its laws and international obligations.”

Snowden has been given a temporary Russian travel document, with his name in Cyrillic and a fresh passport photo. “This gave him the right to temporary asylum on the territory of the Russian Federation, Kucherena said, holding up a copy of the document. US authorities had cancelled his American passport.

Security officials said Snowden officially crossed the border into Russia from the airport’s transit zone at about 3.30pm local time. Russia had apparently not informed the US of the move in advance. The state TV channel Rossiya 24 showed a photograph of Snowden’s departure, as he clambered into a grey unmarked car.

Despite being pictured from behind Snowden was instantly recognisable wearing his trademark grey shirt and carrying a black backpack. Next to him was Sarah Harrison, the WikiLeaks representative who accompanied him last month on his flight from Hong Kong.

Kucherena declined to provide details on where Snowden was heading, citing safety concerns. “Since he is the most hunted person in the world, he will address the question of security today,” he told journalists.

The former NSA employee will himself choose his place of residence and forms of protection, he added. Previously, some speculated that the Russian government was keeping Snowden hidden, although the whistleblower and his lawyer have denied that, adding that he has had no contact with Russian security services.

The whistleblower’s father, Lon Snowden, had reportedly been planning to visit his son. Kucherena said on Wednesday that he was sending an invitation to Snowden’s father so he could obtain a Russian visa. Kucherena told Rossiya 24 on Thursday that he would be speaking to the father later in the day to arrange his visit.

US authorities have repeatedly called on Moscow to return the fugitive to face charges in America. Last week America’s attorney general, Eric Holder, sent a letter to Russia’s justice minister promising that Snowden would not be tortured and that he would not face the death penalty if handed over to the US.

Russian officials previously said they had no jurisdiction to return Snowden, as he was not officially located on Russian territory, and that the US had not filed an official extradition request.

The Kremlin did not immediately comment on Snowden’s temporary asylum. Putin has previously said repeatedly that to remain in Russia, Snowden must stop activities harming the United States. His lawyer suggested that fresh revelations published by the Guardian on Wednesday and Thursday had come from documents that Snowden had already given the paper before Putin made his comments.

Russia’s decision has emboldened hawkish critics of the White House, who have long dubbed Obama’s attempts to improve relations with Putin as naive and inappropriate. In a statement on his website, Senator John McCain said: “Russia’s action today is a disgrace and a deliberate effort to embarrass the United States. It is a slap in the face of all Americans. Now is the time to fundamentally rethink our relationship with Putin’s Russia.”

He proposed in response to expand the Magnitsky Act list of banned Russian officials, push for Georgia’s acceptance into Nato and implement US missile defence programmes in Europe.

At the White House, Carney made it clear that President Obama was frustrated by the decision by Russia to allow Snowden to enter the country, and that a planned presidential summit was now in jeopardy.

Obama is scheduled to travel to Russia in September for at meeting of G20 leaders in St Petersburg. He also planned to meet Putin for a bilateral summit during the trip in what would have been a sign of improving relations between the two powers.

That meeting is now under review. “Obviously this is not a positive development,” Carney said. “We have a wide range of interests with the Russians. We are evaluating the utility of the summit.”

Amnesty International called for the focus to switch from Snowden’s asylum plight to the “sweeping nature and unlawfulness” of the US government’s surveillance programmes.

Widney Brown, senior director for international law and policy at Amnesty, said in a statement: “Now that Edward Snowden has left the airport and has protected status in Russia, the focus really needs to be on the US government’s surveillance programs. Snowden would not have needed temporary asylum but for revealing the sweeping nature and unlawfulness of a massive system of domestic and international surveillance by the United States government.”

A survey showed that 43% of Russians supported granting Snowden asylum and 51% approved of his whistleblowing activities. Kucherena said he had received numerous letters from Russians offering Snowden lodging, protection and money, as well as from women interested in Snowden romantically.

Pavel Durov, the founder of Russia’s most popular social network, VKontakte, invited Snowden to come work as a programmer at the network, in a post on his VKontakte page on Thursday.

Source: The Guardian

by

Jimmy Carter Defends Edward Snowden, Says NSA Spying Has Compromised Nation’s Democracy | The Huffington Post

jimmy carter edward snowden

Former president Jimmy Carter speaks at dedication ceremonies for the new George W. Bush Presidential Center in Dallas, Texas, Thursday, April 25, 2013. (Paul Moseley/Fort Worth Star-Telegram/MCT via Getty Images)

Former President Jimmy Carter announced support for NSA whistleblower Edward Snowden this week, saying that his uncovering of the agency’s massive surveillance programs had proven “beneficial.”

Speaking at a closed-door event in Atlanta covered by German newspaper Der Spiegel, Carter also criticized the NSA’s domestic spying as damaging to the core of the nation’s principles.

“America does not have a functioning democracy at this point in time,” Carter said, according to a translation by Inquisitr.

No American outlets covered Carter’s speech, given at an Atlantic Bridge meeting, which has reportedly led to some skepticism over Der Spiegel’s quotes. But Carter’s stance would be in line with remarks he’s made on Snowden and the issue of civil liberties in the past.

In June, while Snowden was scrambling to send out asylum requests from an airport in Russia, Carter appeared to back the former NSA contractor’s efforts to remain out of U.S. custody.

“He’s obviously violated the laws of America, for which he’s responsible, but I think the invasion of human rights and American privacy has gone too far,” he told CNN, saying that nations were within their right to offer asylum to Snowden. “I think that the secrecy that has been surrounding this invasion of privacy has been excessive, so I think that the bringing of it to the public notice has probably been, in the long term, beneficial.”

Snowden has been hard-pressed to find support among U.S. politicians. Lawmakers on both sides of the aisle have declared Snowden a traitor who deserves to be prosecuted for his leaks. The White House has also been persistent in its attempts to bring him into custody. Last week, the administration criticized Russia for facilitating a meeting between Snowden and human rights activists. Snowden has since applied for temporary asylum in the nation, following complications surrounding transit to the Latin American nations that he’d been considering.

Source: The Huffington Post

by

Cincinnati judge orders all speed cameras confiscated, manufacturer held in contempt | NaturalNews

By J.D. Heyes

Traffic-Security-CamerasChalk one up for privacy, at least in one part of the country.

Traffic cameras have been a part of the urban scenery for years now, but in Elmwood Place – a suburb of Cincinnati – they are history. Finally.

In a recent court hearing, Judge Robert Ruehlman ordered them not only to be shut off but to be impounded – taken off the streets for good.

The ruling comes as a result of a contentious legal battle over the speed cameras. Both sides of the case were back before Ruehlman during a contempt hearing June 27, “where the judge ruled that Elmwood Place and the speed camera contractor Optotraffic were in contempt of court,” WLWT reported.

Ruehlman found in March that the speed cameras were unconstitutional, essentially then ordering them shut down, along with the speed ticket program. He also ruled that outstanding tickets issued as a result of the system did not have to be paid.

During the June 27 hearing, Ruehlman found that his order had been violated in a number of ways. First off, the cameras had been turned back on, though Elmwood Place Police Chief Bill Peskin said during the hearing that they were only used to collect traffic and speed data, not to collect license plate information or to issue new traffic tickets.

He also testified that people who had come to the station to pay tickets they had been issued were told that they didn’t have to. “Many people did show up, trying to pay their citation to us,” Peskin said, “and we told them that the program was to be suspended and they didn’t have to pay the citation.”

The thing is, tickets were never meant to be paid to the suburb – though some monies apparently were collected, with some going back to Elmwood Place, according to court testimony.

“The traffic camera company collected the citations, and apparently continued to collect money sent in after the judge’s March order,” WLWT reported. “There was testimony in court that some $48,000 was collected, with a percentage of that money passed on to the village per the speed camera contract.” Optotraffic did not have a representative in court Thursday.

Mike Allen, an attorney who is part of a legal team fighting against the speed cameras, called them a “money grab.”

“This offends me as a citizen, it offends me as a lawyer, it offends me on behalf of my clients,” Allen said, according to reports.

In order to ensure no further violations of his order occurred, the judge ordered the Hamilton County sheriff to impound the traffic cameras and all of the equipment that is part of the traffic program, and store it at the expense of Elmwood Place. The equipment is to be released when the $48,000 in improperly collected ticket fees is returned. Per WLWT:

Another victory in court for the lawyers fighting the cameras came when the topic moved to a class action lawsuit. The judge allowed the lawyers to move forward with a class action suit that Mike Allen says would involve anyone who was given a ticket by the speed cameras back to the first day of operations in Elmwood Place.

“We’re going to do everything in our power to get some money back in those people’s pockets because it’s just not right,” said Allen.

The report said the class-action suit may take some time to get through the courts. Hearings for it have already been set up, but they won’t happen for months. However, the Ohio House approved a ban on speed cameras earlier in the week, meaning the end is near for all speed cameras in the state.

“I think the days of speed cameras in the village of Elmwood and in the state of Ohio are numbered,” Allen said.

Sources: NaturalNews & WLLT

by

Edward Snowden is a whistleblower, not a spy – but do our leaders care? | The Guardian

Mike Rogers, CA 'Dutch' Ruppersberger

By Spencer Akerman
The Twitter account of House intelligence committee chairman Mike Rogers, left, placed Edward Snowden in the company of two infamous double agents. Photograph: J Scott Applewhite/AP

According to US legislators and journalists, the surveillance whistleblower Edward Snowden actively aided America’s enemies. They are just missing one essential element for the meme to take flight: evidence.

An op-ed by Representative Mike Pompeo (Republican, Kansas) proclaiming Snowden, who provided disclosed widespread surveillance on phone records and internet communications by the National Security Agency, “not a whistleblower” is indicative of the emerging narrative. Writing in the Wichita Eagle on 30 June Pompeo, a member of the House intelligence committee, wrote that Snowden “has provided intelligence to America’s adversaries“.

Pompeo correctly notes in his op-ed that “facts are important”. Yet when asked for the evidence justifying the claim that Snowden gave intelligence to American adversaries, his spokesman, JP Freire, cited Snowden’s leak of NSA documents. Those documents, however, were provided to the Guardian and the Washington Post, not al-Qaeda or North Korea.

It’s true that information published in the press can be read by anyone, including people who mean America harm. But to conflate that with actively handing information to foreign adversaries is to foreclose on the crucial distinction between a whistleblower and a spy, and makes journalists the handmaidens of enemies of the state.

Yet powerful legislators are eager to make that conflation about Snowden.

The Twitter account of Representative Mike Rogers (Republican, Michigan), the chairman of the House intelligence committee, on 18 June placed Snowden and accused WikiLeaks source Bradley Manning in the same company as Aldrich Ames and Robert Hanssen, two infamous CIA and FBI double-agents. (The tweet appears to have been deleted.)

When I asked about the conflation, Rogers’ Twitter account responded: “All 4 gave critical national security information to our enemies. Each did it in different ways but the result was the same.”

Never to be outdone, Peter King, a New York Republican and former chair of the House homeland security committee, proclaimed Snowden a “defector” on 10 June. Days later, Snowden left Hong Kong to seek asylum in an undetermined country – a curious move for a defector to make.

Once elected and appointed leaders casually conflate leaking and espionage, it is a matter of time before journalists take the cue. For insight into the “fear and isolation that NSA leaker Edward Snowden is living through”, CNN turned to Christopher Boyce – who sold US secrets to the USSR before becoming a bank robber.

There are understandable suspicions that Snowden may have aided foreign intelligence services in order to aid in his escape from American criminal justice. While some have speculated that the Russian or Chinese intelligence services might have snuck a look at the highly sensitive intelligence material Snowden is carrying, that material is heavily encrypted. For what it’s worth, in a Guardian webchat I asked Snowden directly if he would trade access to his documents for asylum. He said he would not.

Perhaps Snowden lied. Perhaps he might change his mind. But all of that is far off in the realm of speculation. As things stand now, there is no evidence Snowden has aided any US adversary or intelligence service, wittingly or not.

Even the Obama administration has stopped short of terming Snowden a spy, even in the course of attacking his character. (Yes, he was indicted under the Espionage Act, but the actual charges against him are theft of government property, unauthorized communication of national defense information, and willful communication of classified intelligence information to an unauthorized person.) In an email meant to discredit Snowden in the press, an anonymous “senior administration official” told reporters on 24 June that Snowden’s ostensible idealism “is belied by the protectors he has potentially chosen: China, Russia, Cuba, Venezuela and Ecuador”. That’s something to remember the next time Washington wants to talk about its commitment to human rights while cooperating with, say, China and Russia.

Edward Snowden Edward Snowden. Photograph: Reuters/The GuardianWhen asked directly if there was any evidence that Snowden had cooperated with any intelligence service or American adversary, the administration and Congress declined to provide any. The office of the director of national intelligence, James Clapper, declined to comment for this story. The Justice Department and the House intelligence committee didn’t even respond to inquiries.

By all means, consider Snowden a hero, a traitor or a complex individual with a mixture of motives and interests. Lots of opinions about Snowden are valid. He is a necessarily polarizing figure. The information he revealed speaks to some of the most basic questions about the boundaries between the citizen and the state, as well as persistent and real anxieties about terrorism.

What isn’t valid is the blithe assertion, absent evidence, that the former NSA contractor actively collaborated with America’s enemies. Snowden made classified information about widespread surveillance available to the American public. That’s a curious definition of an enemy for US legislators to adopt.

Source: The Guardian