Tag: surveillance

Exposing Bush’s historic abuse of power

swanksalot0 comment

Tim Shorrock writes in Salon:

The last several years have brought a parade of dark revelations about the George W. Bush administration, from the manipulation of intelligence to torture to extrajudicial spying inside the United States. But there are growing indications that these known abuses of power may only be the tip of the iceberg. Now, in the twilight of the Bush presidency, a movement is stirring in Washington for a sweeping new inquiry into White House malfeasance that would be modeled after the famous Church Committee congressional investigation of the 1970s.

While reporting on domestic surveillance under Bush, Salon obtained a detailed memo proposing such an inquiry, and spoke with several sources involved in recent discussions around it on Capitol Hill. The memo was written by a former senior member of the original Church Committee; the discussions have included aides to top House Democrats, including Speaker Nancy Pelosi and Judiciary Committee chairman John Conyers, and until now have not been disclosed publicly.

Salon has also uncovered further indications of far-reaching and possibly illegal surveillance conducted by the National Security Agency inside the United States under President Bush. That includes the alleged use of a top-secret, sophisticated database system for monitoring people considered to be a threat to national security. It also includes signs of the NSA’s working closely with other U.S. government agencies to track financial transactions domestically as well as globally.

The proposal for a Church Committee-style investigation emerged from talks between civil liberties advocates and aides to Democratic leaders in Congress, according to sources involved. (Pelosi’s and Conyers’ offices both declined to comment.) Looking forward to 2009, when both Congress and the White House may well be controlled by Democrats, the idea is to have Congress appoint an investigative body to discover the full extent of what the Bush White House did in the war on terror to undermine the Constitution and U.S. and international laws. The goal would be to implement government reforms aimed at preventing future abuses — and perhaps to bring accountability for wrongdoing by Bush officials.

“If we know this much about torture, rendition, secret prisons and warrantless wiretapping despite the administration’s attempts to stonewall, then imagine what we don’t know,” says a senior Democratic congressional aide who is familiar with the proposal and has been involved in several high-profile congressional investigations.

“You have to go back to the McCarthy era to find this level of abuse,” says Barry Steinhardt, the director of the Program on Technology and Liberty for the American Civil Liberties Union. “Because the Bush administration has been so opaque, we don’t know [the extent of] what laws have been violated.”

[Click to read more of Salon.com News | Exposing Bush’s historic abuse of power]

Troubling, frightening, disturbing, pick your adjective. There is apparently a database called Main Core which contains the names of over 8,000,000 American citizens who are considered to be persons of interest to the state, and who would be imprisoned, or worse, if a national emergency occurred.

A prime area of inquiry for a sweeping new investigation would be the Bush administration’s alleged use of a top-secret database to guide its domestic surveillance. Dating back to the 1980s and known to government insiders as “Main Core,” the database reportedly collects and stores — without warrants or court orders — the names and detailed data of Americans considered to be threats to national security.

According to several former U.S. government officials with extensive knowledge of intelligence operations, Main Core in its current incarnation apparently contains a vast amount of personal data on Americans, including NSA intercepts of bank and credit card transactions and the results of surveillance efforts by the FBI, the CIA and other agencies. One former intelligence official described Main Core as “an emergency internal security database system” designed for use by the military in the event of a national catastrophe, a suspension of the Constitution or the imposition of martial law. Its name, he says, is derived from the fact that it contains “copies of the ‘main core’ or essence of each item of intelligence information on Americans produced by the FBI and the other agencies of the U.S. intelligence community.”

[snip]

An article in Radar magazine in May, citing three unnamed former government officials, reported that “8 million Americans are now listed in Main Core as potentially suspect” and, in the event of a national emergency, “could be subject to everything from heightened surveillance and tracking to direct questioning and even detention.”

Scary stuff.

Contractors Fight Drug Trade

Seth Anderson2 Comments

For some reason, this bothers me1 .

The U.S. spends hundreds of millions of dollars a year hiring pilots, mechanics, and military and police trainers to combat the drug trade in South American countries, as well as Afghanistan and other Central Asian states. Lockheed Martin Corp. also supports peacekeeping forces in Darfur.

Last year, the Defense Department tapped Northrop as one of five to lead a five-year contract focused on fighting terrorism and the drug trade. The contract could be worth as much as $15 billion if fully funded, but the work, under the Counter Narcoterrorism Technology Program Office, will be assigned through small contracts depending on the government’s needs. Others given a shot at competing for the work include Blackwater, Raytheon Co., Lockheed and Arinc Inc.

“The military is not enamored of these other missions,” said Brian Jenkins, a senior adviser at Rand Corp. and former Army Special Forces officer.

The Pentagon has awarded Northrop Grumman Corp. seven smaller contracts as part of the larger counterdrug contract, but details are classified. Northrop spokesman Randy Belote said the company is making greater inroads into that line of business as such efforts become more high-tech. “It’s moving more into the electronic surveillance, intelligence and reconnaissance realm, so it’s perfectly aligned with our business,” he said.

[From U.S. Relies More on Contractors To Fight Drug Trade – WSJ.com]

Over Under Sideways

Why are we outsourcing electronic surveillance to the Northrop Grummans of the world? Why are we spending $15,000,000,000 with minimal oversight on drug wars in third world countries? Doesn’t seem like a good use of limited tax resources.

Footnotes:
  1. Digg-enabled link to full article for non-WSJ subscribers via this link. [↩]

Durbin Opposes Telecom Immunity

Seth Anderson0 comment

Reposted from my old blog: I haven’t heard back from Senator Durbin regarding my most recent anti-telecom immunity email. If I do, I’ll be sure to note any interesting language. I wonder if Obama has asked Durbin to dial down his opposition?

Strapped On

Senator Richard Durbin (or more precisely, his staff’s email-bot) just emailed me an interesting response to my inquiry re: the criminal Telecom Immunity bill which I’ve been yammering about for a while.
Here it is, in its entirety (with a few paragraph breaks added for readability. Senator Durbin’s staff took the text-only email dictum a bit too far)


Subject: Message From Senator Durbin
Date: Thu, 1 Nov 2007 14:26:50 -0400

November 1, 2007
Mr. Seth Anderson
[redacted]
Dear Mr. Anderson:

Thank you for your message regarding the surveillance of American citizens by the National Security Agency (NSA). I appreciate hearing from you on this important issue and share your concerns. Protecting both the security and the freedom of the American people is among my highest priorities. I share an obligation with my fellow senators to ensure that the federal government protects and defends the people of the United States while preserving the civil liberties that have helped make the United States the greatest and most enduring democracy in the world. President Bush has stated that he authorized the NSA to conduct warrantless electronic surveillance of communications made by American citizens living within the United States.

At the time of the President’s authorization, the Foreign Intelligence Surveillance Act (FISA) required the government to seek a warrant from a special court in order to conduct electronic surveillance of communications between American citizens and anyone outside the country. The NSA did not obtain approval from the FISA court or from any other court before initiating its domestic surveillance program. For most of its existence, the NSA’s program has operated without meaningful oversight. Few members of Congress were briefed about the program until its existence was revealed by the media, and those members were sworn to secrecy. The majority of the members of Congress still have not been fully briefed about the program’s operational details.

The Administration has also shut down its own Department of Justice internal investigation into the NSA’s program. In essence, the Administration has attempted to operate this program without any supervision or oversight. The lack of a mechanism for correcting potential abuses in the program undermines our Constitutional system of checks and balances and raises serious concerns about the possibility of excessive intrusion. In addition to the disclosure of the NSA’s domestic wiretapping program, it has been alleged that the NSA has undertaken a massive effort to gather the telephone records of tens of millions of innocent Americans into a searchable database. Again, this program has been conducted without court approval or Congressional oversight.

The Senate Judiciary Committee has issued subpoenas to the Justice Department, the White House, the Office of the Vice President, and the National Security Council for documents relating to the legal justification for the NSA’s warrantless surveillance program. Although Senator Patrick Leahy of Vermont, the chairman of the committee, has extended the deadline for subpoena compliance on two separate occasions, the Administration has failed to comply. Congress has tried to work with Administration officials to update FISA in light of technological advances in communications. Too often, however, the Administration has taken advantage of the program’s secrecy in its negotiations with Congress. In Augst 2007, the Administration proposed a bill to amend FISA. I believe the bill provided too much opportunity for excessive intrusion and potential abuse by the NSA and other intelligence officials. I voted against the measure, as did Chairman Leahy and the Intelligence Committee Chairman, Senator Jay Rockefeller of West Virginia.

Nonetheless, Congress passed the bill and the President signed it into law. Fortunately, the law will expire six months after the date it was signed. When the President and his Administration order actions such as the surveillance of American citizens, these actions must be conducted in a manner consistent with the rule of law and the Constitution’s commitment to civil liberties. I am deeply concerned about the manner in which the Executive Branch has initiated and conducted the NSA surveillance programs. I will continue to work to ensure that government surveillance of American citizens is conducted in a manner consistent with the Constitution, the rule of law, and our security needs.

Thank you again for sharing your views on this issue with me.

Sincerely,
Richard J. Durbin
United States Senator RJD/tf

P.S. If you are ever visiting Washington, please feel free to join Senator Obama and me at our weekly constituent coffee. When the Senate is in session, we provide coffee and donuts every Thursday at 8:30 a.m. as we hear what is on the minds of Illinoisans and respond to your questions. We would welcome your participation. Please call my D.C. office for more details.

Feingold, Dodd planning filibuster of wiretap bill

Seth Anderson1 Comment

Cops on Bikes

Feingold and Dodd are doing the nations work here, the FISA bill is a travesty. Durbin will probably come on board, he’s reliably rational, and liberal, but Obama might vote “present” only, not willing to stand up for the constitution.

In a last-ditch attempt to fix a surveillance bill critics say would essentially legalize President Bush’s warrantless wiretapping program, Sens. Russ Feingold (D-WI) and Chris Dodd (D-CT) have promised to filibuster the bill as long as it offers telecommunications companies retroactive immunity.

“This is a deeply flawed bill, which does nothing more than offer retroactive immunity by another name. We strongly urge our colleagues to reject this so-called ‘compromise’ legislation and oppose any efforts to consider this bill in its current form. We will oppose efforts to end debate on this bill as long as it provides retroactive immunity for the telecommunications companies that may have participated in the President’s warrantless wiretapping program, and as long as it fails to protect the privacy of law-abiding Americans,” the senators said in a joint statement Tuesday.

“If the Senate does proceed to this legislation, our immediate response will be to offer an amendment that strips the retroactive immunity provision out of the bill. We hope our colleagues will join us in supporting Americans’ civil liberties by opposing retroactive immu

[From The Raw Story » Feingold, Dodd planning filibuster of wiretap bill]

You can read (or watch video) of Dodd’s impassioned remarks at his Senate web site

Dan Froomkin of the Washington Post online adds:

A senior Democratic statesman took to the Senate floor yesterday and delivered a jeremiad against President Bush and his lawlessness the likes of which I’m not sure we’ve ever heard there before.

What set off Sen. Chris Dodd (D-Conn.) was the warrantless surveillance bill sent over from the House this week and seemingly assured of passage in the Senate. The bill significantly broadens Bush’s spying powers and essentially guarantees civil-lawsuit immunity for the telecommunications companies that cooperated in earlier surveillance efforts.

But to Dodd, it’s just the latest indignity from a president who has come to expect a corrupted political system to jettison the rule of law on his say-so.

“Retroactive immunity is on the table today; but also at issue is the entire ideology that justifies it, the same ideology that defends torture and executive lawlessness,” Dodd said.

[From Dan Froomkin – One Senator Says ‘Enough’ – washingtonpost.com]

I can’t believe this stupid bill has gotten as far as it has. Whatever happened to rule of law?

McCain to spy on Americans Secretly

swanksalot0 comment

Let there be light
[There could be a hidden microphone in this light fixture if John McCain has his way]

McCain flip-flops on whether civil liberties are important. Now he’s against them, just like his mentor, George Bush.

If elected president, Senator John McCain would reserve the right to run his own warrantless wiretapping program against Americans, based on the theory that the president’s wartime powers trump federal criminal statutes and court oversight, according to a statement released by his campaign Monday.

McCain’s new tack towards the Bush administration’s theory of executive power comes some 10 days after a McCain surrogate stated, incorrectly it seems, that the senator wanted hearings into telecom companies’ cooperation with President Bush’s warrantless wiretapping program, before he’d support giving those companies retroactive legal immunity.
As first reported by Threat Level, Chuck Fish, a full-time lawyer for the McCain campaign, also said McCain wanted stricter rules on how the nation’s telecoms work with U.S. spy agencies, and expected those companies to apologize for any lawbreaking before winning amnesty.

But Monday, McCain adviser Doug Holtz-Eakin, speaking for the campaign, disavowed those statements, and for the first time cast McCain’s views on warrantless wiretapping as identical to Bush’s.

[N]either the Administration nor the telecoms need apologize for actions that most people, except for the ACLU and the trial lawyers, understand were Constitutional and appropriate in the wake of the attacks on September 11, 2001. […]

We do not know what lies ahead in our nation’s fight against radical Islamic extremists, but John McCain will do everything he can to protect Americans from such threats, including asking the telecoms for appropriate assistance to collect intelligence against foreign threats to the United States as authorized by Article II of the Constitution.

The Article II citation is key, since it refers to President Bush’s longstanding arguments that the president has nearly unlimited powers during a time of war. The administration’s analysis went so far as to say the Fourth Amendment did not apply inside the United States in the fight against terrorism, in one legal opinion from 2001.

[From McCain: I’d Spy on Americans Secretly, Too | Threat Level from Wired.com]

Constitution, begone, says McCain, if it was good enough for Stalin, it’s good enough for Republicans.

Telecom Immunity Priorities

Seth Anderson0 comment

Bush’s buddies, the telecom giants, are still worried they might have to answer for their crimes.

From the Senate floor, Ted Kennedy just cut through all the crap:
“The President has said that American lives will be sacrificed if Congress does not change FISA. But he has also said that he will veto any FISA bill that does not grant retro-active immunity. No immunity, no FISA bill. So if we take the President at his word, he’s willing to let Americans die to protect the phone companies.”

[From Daily Kos: Kennedy on Telecom Immunity]

Zing!

(H/T)

The Spy Chief Lies

Seth Anderson0 comment

Isn’t misleading Congress an impeachable offense? Just wondering.

Helios 3294

From the Sunday NYT we read, and laughed:

The Spy Chief Speaks – New York Times:
After Sept. 11, 2001, Mr. Bush ordered the National Security Agency to intercept communications between people in the United States and people abroad without a warrant. That is a violation of the 1978 Foreign Intelligence Surveillance Act, known as FISA.

Now we know the law was broken thousands of times. In 100 or so cases, the unlawfully intercepted calls led agents to believe that the person in the United States was a bad actor (Mr. McConnell implied, sort of, that they were terrorists), and the government’s lawyers obtained a warrant. We are still looking for that loophole in the Fourth Amendment.

Mr. McConnell told The El Paso Times that it was necessary to rush through major changes to FISA before Congress went on vacation because warrants require pesky paperwork — 200 hours’ worth each.

Really? The government applied for 2,181 FISA warrants in 2006, which the blog Threat Level translated to 436,200 hours. Figuring a 40-hour workweek with two weeks off, that’s more than 218 top-secret-cleared officials doing nothing all year but writing out FISA applications.

Mr. McConnell said telephone companies turned over call data to the National Security Agency without a court order, which may be illegal. He revealed this while praising Congress for giving the telecoms immunity from lawsuits or criminal sanctions if they continue doing that. Now, he said, Congress should absolve the companies retroactively. That would be a nice twofer: protect a deep-pockets industry that may have broken the law, and cut off judicial scrutiny of Mr. Bush’s decision to ignore FISA in the first place.

Other parts of Mr. McConnell’s interview were bewildering, like his claim that debating wiretapping in Congress will cause American deaths. It was odd that he spoke at all about matters the intelligence community still considers classified. But there was a secret Mr. McConnell was determined to keep. He was asked why the White House bitterly fought reasonable Congressional proposals to give spies a bit more needed flexibility to use modern technology. Mr. McConnell said there was “untenable” language in the bills and lawmakers refused to fix it. The White House then stampeded Congress into passing a bill it wanted, one that shredded FISA.

What was the language? Sorry, that’s classified.

So glad the Dem-controlled Congress rolled over for the President so readily. McConnell sounds like a real tool.

41 House Dems Tremble Before the Bush-meister

Seth Anderson0 comment

The Democrats cave in to the Republicans so frequently it no longer surprises me, only increases my disgust with the party. What good does the opposition party do itself by allowing the White House to brow-beat it into accepting legislation that the citizenry is appalled by? Why not just have a merger or leveraged buyout and be done with it?

The key provision of S.1927 is new section 105A of FISA (see page 2), which categorically excludes from FISA’s requirements any and all “surveillance directed at a person reasonably believed to be located outside of the United States.”

For surveillance to come within this exemption, there is no requirement that it be conducted outside the U.S.; no requirement that the person at whom it is “directed” be an agent of a foreign power or in any way connected to terrorism or other wrongdoing; and no requirement that the surveillance does not also encompass communications of U.S. persons. Indeed, if read literally, it would exclude from FISA any surveillance that is in some sense “directed” both at persons overseas and at persons in the U.S.

The key term, obviously, is “directed at.” The bill includes no definition of it.

– Balkination

Daily Kos: 41 House Dems Tremble Before the Mighty Bush:
These are the Dems who…failed our country.

These Democrats In Name Only should be forced to wear a crimson R on their lapel.

Jason Altmire (4th Pennsylvania)
John Barrow (12th Georgia) Blue Dog
Melissa Bean (8th Illinois) Blue Dog
Dan Boren (2nd Oklahoma) Blue Dog
Leonard Boswell (3rd Iowa)
Allen Boyd (2nd Florida) Blue Dog
Christopher Carney (10th Pennsylvania) Blue Dog
Ben Chandler (6th Kentucky) Blue Dog
Rep. Jim Cooper (5th Tennessee) Blue Dog
Jim Costa (20th California) Blue Dog
Bud Cramer (5th Alabama) Blue Dog
Henry Cuellar (28th Texas)
Artur Davis (7th Alabama)
Lincoln Davis (4th Tennessee) Blue Dog
Joe Donnelly (2nd Indiana) Blue Dog
Chet Edwards (17th Texas)
Brad Ellsworth (8th Indiana) Blue Dog
Bob Etheridge (North Carolina)
Bart Gordon (6th Tennessee) Blue Dog
Stephanie Herseth Sandlin (South Dakota) Blue Dog
Brian Higgins (27th New York)
Baron Hill (9th Indiana) Blue Dog
Nick Lampson (23rd Texas) Blue Dog
Daniel Lipinski (3rd Illinois)
Jim Marshall (8th Georgia) Blue Dog
Jim Matheson (2nd Utah) Blue Dog
Mike McIntyre (7th North Carolina) Blue Dog
Charlie Melancon (3rd Louisiana) Blue Dog
Harry Mitchell (5th Arizona)
Colin Peterson (7th Minnesota) Blue Dog
Earl Pomeroy (North Dakota) Blue Dog
Ciro Rodriguez (23rd Texas) Blue Dog
Mike Ross (4th Arkansas) Blue Dog
John Salazar (3rd Colorado) Blue Dog
Heath Shuler (11th North Carolina) Blue Dog
Vic Snyder (2nd Arkansas)
Zachary Space (18th Ohio) Blue Dog
John Tanner (8th Tennessee) Blue Dog
Gene Taylor (4th Mississippi) Blue Dog
Timothy Walz (1st Minnesota)
Charles A. Wilson (6th Ohio) Blue Dog

Bush Opens Mouth, Lies

Seth Anderson0 comment

Oh, yeah, I believe the Dauphin. Especially after reading this tidbit about the Pentagon also collecting data on everything possible for our upcoming gulag.

WSJ.com – Bush Defends NSA Eavesdropping Program

President Bush said the government does not troll the personal lives of Americans, but didn’t directly address a newspaper report that the National Security Agency has gathered millions of Americans’ phone records.

So in other words, don’t believe a word of this non-denial denial.

…Congressional Republicans and Democrats demanded answers from the Bush administration Thursday after a report in USA Today said the NSA secretly collected records of ordinary Americans’ phone calls to build a database of every call made within the country.

“It is our government, it’s not one party’s government. It’s America’s government. Those entrusted with great power have a duty to answer to Americans what they are doing,” said Sen. Patrick Leahy of Vermont, the ranking Democrat on the Senate Judiciary Committee.

AT&T Inc., Verizon Communications Inc. and BellSouth Corp. telephone companies began turning over records of tens of millions of their customers’ phone calls to the NSA program shortly after the Sept. 11, 2001, terrorist attacks, said USA Today, citing anonymous sources it said had direct knowledge of the arrangement.

The Republican chairman of the Senate Judiciary Committee, Sen. Arlen Specter of Pennsylvania, said he would call the phone companies to appear before the panel “to find out exactly what is going on.”

The telephone companies on Thursday declined to comment on national security matters, and would say only that they are assisting government agencies in accordance with the law.

“We have been in full compliance with the law and we are committed to our customers’ privacy,” said Bob Varettoni, a spokesman for Verizon.

The White House defended its overall eavesdropping program and said no domestic surveillance is conducted without court approval.

“The intelligence activities undertaken by the United States government are lawful, necessary and required to protect Americans from terrorist attacks,” said Dana Perino, the deputy White House press secretary, who added that appropriate members of Congress have been briefed on intelligence activities.

Mr. Leahy sounded incredulous about the latest report and railed against what he called a lack of congressional oversight. He argued that the media was doing the job of Congress.

“Are you telling me that tens of millions of Americans are involved with al Qaida?” Sen. Leahy asked. “These are tens of millions of Americans who are not suspected of anything … Where does it stop?”

The Democrat, who at one point held up a copy of the newspaper, added: “Somebody ought to tell the truth and answer questions. They haven’t. The press has done our work for us and we should be ashamed. Shame on us for being so far behind and being so willing to rubber stamp anything this administration does. We ought to fold our tents.”

The program doesn’t involve listening to or taping the calls. Instead it documents who talks to whom in personal and business calls, whether local or long distance, by tracking which numbers are called, the newspaper said.

The NSA and the Office of National Intelligence Director didn’t immediately respond to requests for comment.

NSA is the same spy agency that conducts the controversial domestic eavesdropping program that has been acknowledged by President Bush. The president said last year that he authorized the NSA to listen, without warrants, to international phone calls involving Americans suspected of terrorist links.

The report came as the former NSA director, Gen. Michael Hayden — Bush’s choice to take over leadership of the CIA — had been scheduled to visit lawmakers on Capitol Hill Thursday. However, the meetings with Republican Sens. Rick Santorum of Pennsylvania and Lisa Murkowski of Alaska were postponed at the request of the White House, said congressional aides in the two Senate offices.

The White House offered no reason for the postponement to the lawmakers. Other meetings with lawmakers were still planned.

Gen. Hayden already faced criticism because of the NSA’s secret domestic eavesdropping program. As head of the NSA from March 1999 to April 2005, Mr. Hayden also would have overseen the call-tracking program.

Sen. Dianne Feinstein, a Democrat of California who has spoken favorably of the nomination, said the latest revelation “is also going to present a growing impediment to the confirmation of Gen. Hayden.”

The NSA wants the database of domestic call records to look for any patterns that might suggest terrorist activity, USA Today said.

Don Weber, a senior spokesman for the NSA, told the paper that the agency operates within the law, but wouldn’t comment further on its operations.

One big telecommunications company, Qwest Communications International Inc., has refused to turn over records to the program, the newspaper said, because of privacy and legal concerns.

USA Today story here.

More details at TPM Muckraker, TalkLeft, TalkLeft again, CorrenteWire, MyDD, ThisModernWorld, The Huffington Post, and no doubt hundreds more. These are just the pages I’ve managed to read so far.

Can we spell the word, Impeachment, yet?

Bush: No laws apply to me

Seth Anderson0 comment

The Dauphin claims all is kosher.

Bush: No laws can remain unbroken

Millions of phone records reportedly sold to NSA The Bush administration Thursday reacted defensively to news that the secretive National Security Agency, which conducts electronic eavesdropping, had obtained millions of domestic phone records

Oh, so now they paid for these records? I hope it was more than $1,000 per call, because that is the going rate

1. It violates the Stored Communications Act. The Stored Communications Act, Section 2703(c), provides exactly five exceptions that would permit a phone company to disclose to the government the list of calls to or from a subscriber: (i) a warrant; (ii) a court order; (iii) the customer’s consent; (iv) for telemarketing enforcement; or (v) by “administrative subpoena.” The first four clearly don’t apply. As for administrative subpoenas, where a government agency asks for records without court approval, there is a simple answer – the NSA has no administrative subpoena authority, and it is the NSA that reportedly got the phone records.

2. The penalty for violating the Stored Communications Act is $1000 per individual violation. Section 2707 of the Stored Communications Act gives a private right of action to any telephone customer “aggrieved by any violation.” If the phone company acted with a “knowing or intentional state of mind,” then the customer wins actual harm, attorney’s fees, and “in no case shall a person entitled to recover receive less than the sum of $1,000.”

(The phone companies might say they didn’t “know” they were violating the law. But USA Today reports that Qwest’s lawyers knew about the legal risks, which are bright and clear in the statute book.)

3. The Foreign Intelligence Surveillance Act doesn’t get the telcos off the hook. According to USA Today, the NSA did not go to the FISA court to get a court order. And Qwest is quoted as saying that the Attorney General would not certify that the request was lawful under FISA. So FISA provides no defense for the phone companies, either.

not to mention (from Glenn Greenwald, which you should definitely read if you haven’t already):

…Two additional points worth making: (1) One of the disturbing aspects of the NSA warrantless eavesdropping program was that it was seen by many intelligence professionals as a radical departure from the agency’s tradition of not turning its spying capabilities on the American public domestically. The program disclosed yesterday decimates that tradition by many magnitudes. This is a program where the NSA is collecting data on the exclusively domestic communications of Americans, communicating with one another, on U.S. soil — exactly what the NSA was supposed to never do.

(2) The legal and constitutional issues, especially at first glance and without doing research, reading cases, etc., are complicated and, in the first instance, difficult to assess, at least for me. That was also obviously true for Qwest’s lawyers, which is why they requested a court ruling and, when the administration refused, requested an advisory opinion from DoJ.

But not everyone is burdened by these difficulties. Magically, hordes of brilliant pro-Bush legal scholars have been able to determine instantaneously — as in, within hours of the program’s disclosure — that the program is completely legal and constitutional (just like so many of them were able confidently to opine within hours of the disclosure of the warrantless eavesdropping program that it, too, was perfectly legal and constitutional). Having said that, there are some generally pro-Bush bloggers expressing serious skepticism over the legality and/or advisability of this program.

Laws are for suckers is what The Dauphin is saying.

The Wiretappers That Couldn’t Shoot Straight

swanksalot0 comment

This outrage always seemed manufactured to me as well, perhaps because I’ve been watching the superlative serial drama, the Wire, recently.

“The Wire – The Complete First and Second Seasons” (Daniel Attias, Alex Zakrzewski, Elodie Keene)

If drug dealers (albeit fictional) from the projects of Baltimore knew in 2002 that cell phone conversations could be monitored, how can President Bunnypants declare with a straight face that ‘security was comprised’ by revealing the extent of warrantless wiretaps?

The Wiretappers That Couldn’t Shoot Straight – New York Times:

ALMOST two weeks before The New York Times published its scoop about our government’s extralegal wiretapping, the cable network Showtime blew the whole top-secret shebang. In its mini-series “Sleeper Cell,” about Islamic fundamentalist terrorists in Los Angeles, the cell’s ringleader berates an underling for chatting about an impending operation during a phone conversation with an uncle in Egypt.

“We can only pray that the N.S.A. is not listening,” the leader yells at the miscreant, who is then stoned for his blabbing.
If fictional terrorists concocted by Hollywood can figure out that the National Security Agency is listening to their every call, guess what? Real-life terrorists know this, too. So when a hyperventilating President Bush rants that the exposure of his warrant-free wiretapping in a newspaper is shameful and puts “our citizens at risk” by revealing our espionage playbook, you have to wonder what he is really trying to hide.

Our enemies, as America has learned the hard way, are not morons. Even if Al Qaeda hasn’t seen “Sleeper Cell” because it refuses to spring for pay cable, it has surely assumed from the get-go that the White House would ignore legal restraints on eavesdropping, just as it has on detainee jurisprudence and torture.
That the White House’s over-the-top outrage about the Times scoop is a smokescreen contrived to cover up something else is only confirmed by Dick Cheney’s disingenuousness. In last week’s oration at a right-wing think tank, he defended warrant-free wiretapping by saying it could have prevented the 9/11 attacks. Really? Not with this administration in charge. On 9/10 the N.S.A. (lawfully) intercepted messages in Arabic saying, “The match is about to begin,” and, “Tomorrow is zero hour.” You know the rest. Like all the chatter our government picked up during the president’s excellent brush-clearing Crawford vacation of 2001, it was relegated to mañana; the N.S.A. didn’t rouse itself to translate those warnings until 9/12.

Given that the reporters on the Times story, James Risen and Eric Lichtblau, wrote that nearly a dozen current and former officials had served as their sources, there may be more leaks to come, and not just to The Times. Sooner or later we’ll find out what the White House is really so defensive about.

Continue reading “The Wiretappers That Couldn’t Shoot Straight”