Your Place in the Database

Photo Credit: American ThinkerRegarding the American surveillance state, it seems that the truth comes out a little at a time. We learned about the FBI’s Carnivore in the 1990s, which the copied internet data of people whom the agency deemed “reasonably suspicious.” In September 2001, we saw the worst attacks on America since Pearl Harbor. September 11 left a unified country in its wake, but unfortunately, it was also a country more acquiescent than ever to big government. The PATRIOT Act was quickly shuttled through the lawmaking process, and life went on. We found out about NSA domestic wiretapping from a brave AT&T whistleblower in 2006. The program was given the formality of legality (though not constitutionality) in 2007. Would it have been had no one blown the whistle?

The surveillance state became even more unsettling with the Change of 2009, no less after political campaigning by the victor against domestic spying. We found out in 2009 that returning veterans were being targeted as possible extremists by the “Vigilant Eagle” program, a name positively Orwellian in its irony. The floodgates opened in 2013 once Obama’s re-election was secured. We found out that our government scans all domestic cell phone metadata (phone numbers, recipients, times), all letter and package labels are scanned and saved, and the NSA has agreements with every major internet provider to provide backdoor access to customers’ information (see PRISM). Even our credit card activity is analyzed. Of course, those are just high points. The entire last decade we have heard warnings from whistleblowers such as William Binney, as well as periodic admissions from U.S. officials of intelligence oversteps, which they falsely claim are immediately corrected.

One must wonder how the people of this nation would have reacted had all of this come out at once. Perhaps it is wishful thinking to hope that we would have shown a tenth the gumption of the Egyptians, who in July 2013 unceremoniously flung their Islamist government to the side. They took to the streets in outrage against tyrants at just the time we learned of the sickening scope of our national government’s spying. We meekly sat by. As each little bit of this diabolical system is leaked, it is palatable enough to warrant only a minor outrage, and then life goes on, albeit with a new normal. Tiny violations of our 4th-Amendment right against unreasonable search and seizure, and our 5th-Amendment right against self-incrimination, keep piling up, until it seems that those rights have bled to death from a thousand cuts. If Americans are the proverbial frog in the pot of water, the temperature has been ratcheted to a near-boil.

The Relational Database

For me, the most stomach-churning signpost on our nation’s road to tyranny has been the completion of the Utah Data Center. The center holds data on the scale of yottabytes. One yottabyte could account for 30 million gigabytes per U.S. man, woman, and child. It’s a staggering capacity. Now, for Americans, the camera is always rolling, creating a record of our every digital move. It reminds one of The Truman Show, a movie in which Jim Carrey’s entire life was filmed and broadcast as entertainment without him knowing it.

Because of the power of relational databases, and the laws governing internet service provider record-keeping, anything stored in the data centers (there are many across the nation, the Utah Center being the largest and most recent) can be tied to us directly. When tied to other sources of government data, it’s a more complete picture of our life than most of us could even provide about ourselves. The websites we browse, the comments we make, the e-mails we send, the phone calls to friends, the internet purchases, the Facebook associations, and most everything else you can think of are easily tied together.

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Bill Co-Sponsored by Mike Lee to Require Search Warrants for Fed’s Access to Your Email Gaining Steam

Photo Credit: Social BIz SolutionsThe chairman of the Senate Judiciary Committee is pushing to fast-track legislation that would require police to obtain a warrant before accessing emails and other private online messages.

Sen. Patrick Leahy’s (D-Vt.) goal is for the Senate to unanimously approve his bill before the August recess, according to one of his committee aides. Any opposition could delay a vote until after Congress returns in the fall.

He has secured unanimous support from his fellow Democrats and is in negotiations with Sen. Chuck Grassley (R-Iowa), the Judiciary Committee’s ranking member, and other Republicans to address their concerns.

Leahy’s aide claimed that even if a floor vote is delayed until after the recess, they are already “way past” the 60 votes they would need to overcome a filibuster and approve the bill, which is co-sponsored by Republican Sen. Mike Lee (Utah).

Gregory Nojeim, a senior counsel for the Center for Democracy and Technology and a supporter of stronger privacy protections, said that the news of the National Security Agency’s surveillance programs has given Leahy’s bill a new boost of momentum.

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Sen. Cruz Downplays Talk of 2016 POTUS Run, Leaves Eligibility Question to Others

Photo Credit: Gage SkidmoreTexas Sen. Ted Cruz, a rising GOP star, downplayed speculation over a possible 2016 presidential bid, saying he was focused on his job in the Senate.

“We are having a national debate about which direction the country should go…and what I am doing now is trying to participate in that national debate,” Cruz told ABC News in an interview aired Sunday. “I’m not focused on the politics…the last office I was elected to was student council. So this has been a bit of a whirlwind”…

Cruz, though, was born in Canada, leading many to question his constitutional eligibility for the Oval Office…

“I can tell you where I was born and who my parents were. And then as a legal matter, others can worry about that. I’m not going to engage,” he added.

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Scalia: Judicial Activism a Cause of the Holocaust

Photo Credit: The Higgs BosonU.S. Supreme Court Justice Antonin Scalia used the twin terrors of Nazi Germany and radical Islam to warn a Snowmass Village audience Saturday about the dangers of judicial activism.

Speaking to a gathering of the Utah State Bar Association at the Westin Resort in Snowmass Village, the longest-serving justice on the nation’s highest court lamented a trend among federal judges, including his colleagues on the Supreme Court, to read and interpret the U.S. Constitution as a “living document” that changes over time…

When judges begin to reinterpret founding documents like the Constitution and make value-laden decisions about individual rights and liberties, Scalia said, they distort the workings of a democratic society. The title of Scalia’s talk, “Mullahs of the West: Judges as Moral Arbiters,” underscores his point that societal decisions about morality and human rights — most of which have no right or wrong answers — should be made in the political arena and not by the courts…

Scalia cited numerous issues that have been thrown to the courts — a woman’s right to an abortion, society’s right to execute someone for a crime, whether “homosexual sodomy” ought to be allowed — and claimed that judges are unqualified to answer them. Medical doctors, engineers, ethicists and even “Joe Six Pack” would be just as qualified as a legal professional to settle some issues that have come before the high court…

Scalia opened his talk with a reference to the Holocaust, which happened to occur in a society that was, at the time, “the most advanced country in the world.” One of the many mistakes that Germany made in the 1930s was that judges began to interpret the law in ways that reflected “the spirit of the age.” When judges accept this sort of moral authority, as Scalia claims they’re doing now in the U.S., they get themselves and society into trouble.

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Obama Deploying Drones Around U.S.

Photo Credit: WNDBy Steve Peacock. The deployment of federal drones in and around U.S. shores represents one of the Obama administration’s next steps in the nation’s expanded use of unmanned aircraft systems for surveillance purposes.

The Office of National Marine Sanctuaries, or ONMS, recently acquired Puma UAS – a type of drone that the U.S. Navy also uses – for operations off the coast of Los Angeles.

ONMS now is enlisting contractor support in expanding UAS use in California, Hawaii, Florida, and Washington state. Vendors experienced in working with law enforcement and military personnel are needed for this endeavor, according to a solicitation that WND located through routine database research.

The Puma drones – which are small enough to launch by hand – will be used by ONMS to enforce federal regulations, the document says.

The ONMS drone project will focus on Channel Islands National Marine Sanctuary located northwest of LA. However, the contractor also will assist Puma UAS operations at Papahanaumokuakea Marine National Monument Midway in Hawaii, Florida Keys National Marine Sanctuary, and Olympic Coast National Marine Sanctuary in Washington. Read more from this story HERE.

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Photo Credit: LA TimesJudge torn over lawsuit in drone strike that killed Americans

By Michael Doyle. Courts cannot second-guess drone strikes that kill U.S. citizens overseas, an Obama administration lawyer argued Friday.

A Republican-appointed judge sounded dubious about the expansive claim, saying she was “really troubled” by assertions that courts are completely shut out of the drone strike debate. But for other legal reasons, the judge also sounded hesitant about a lawsuit targeted at top military and intelligence officials for violating the constitutional rights of U.S. citizens blown up in foreign lands.

“There are instances where wrongs are done, but for one reason or another they cannot be remedied in a civil suit,” U.S. District Court Judge Rosemary M. Collyer said.

The American Civil Liberties Union and the Center for Constitutional Rights, representing a family member, have sued former Defense Secretary Leon Panetta and other former officials over the two separate drone strikes that killed three U.S. citizens in Yemen. The Obama administration wants the lawsuit dismissed.

The lawsuit is the latest challenge to the administration’s secretive war-fighting practices that have mobilized skeptics on both the right and the left. ERad more from this story HERE.

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Photo Credit: U.S. Air ForceU.S. military drone surveillance is expanding to hot spots beyond declared combat zones

By Craig Whitlock. The steel-gray U.S. Air Force Predator drone plunged from the sky, shattering on mountainous terrain near the Iraq-Turkey border. For Kurdish guerrillas hiding nearby, it was an unexpected gift from the propaganda gods.

Fighters from the Kurdistan Workers’ Party, or PKK, filmed the charred wreckage on Sept. 18 and posted a video on YouTube. A narrator bragged unconvincingly that the group had shot down the drone. But for anyone who might doubt that the flying robot was really American, the video zoomed in on mangled parts stamped in English and bearing the label of the manufacturer, San Diego-based General Atomics.

For a brief moment, the crash drew back the curtain on Operation Nomad Shadow, a secretive U.S. military surveillance program. Since November 2011, the U.S. Air Force has been flying unarmed drones from Incirlik Air Base in Turkey in an attempt to suppress a long-simmering regional conflict. The camera-equipped Predators hover above the rugged border with Iraq and beam high-resolution imagery to the Turkish armed forces, helping them pursue PKK rebels as they slip back and forth across the mountains.

As the Obama administration dials back the number of drone attacks in Afghanistan, Pakistan and Yemen, the U.S. military is shifting its huge fleet of unmanned aircraft to other hot spots around the world. This next phase of drone warfare is focused more on spying than killing and will extend the Pentagon’s robust surveillance networks far beyond traditional, declared combat zones.

Over the past decade, the Pentagon has amassed more than 400 Predators, Reapers, Hunters, Gray Eagles and other high-altitude drones that have revolutionized counterterrorism operations. Some of the unmanned aircraft will return home with U.S. troops when they leave Afghanistan. But many of the drones will redeploy to fresh frontiers, where they will spy on a melange of armed groups, drug runners, pirates and other targets that worry U.S. officials. Read more from this story HERE.

Defense Secretary Hagel to DoD: Furloughs to Last Through At Least Next Year, Will Likely Get Worse

Photo Credit: APThe audience gasped in surprise and gave a few low whistles as Defense Secretary Chuck Hagel delivered the news that furloughs, which have forced a 20 percent pay cut on most of the military’s civilian workforce, probably will continue next year, and it might get worse.

“Those are the facts of life,” Hagel told about 300 Defense Department employees, most of them middle-aged civilians, last week at an Air Force reception hall on a military base in Charleston.

Future layoffs also are possible for the department’s civilian workforce of more than 800,000 employees, Hagel said, if Congress fails to stem the cuts in the next budget year, which starts Oct. 1.

On the heels of the department’s first furlough day, and in three days of visits with members of the Army, Navy, Air Force and Marine Corps, Hagel played the unenviable role of messenger to a frustrated and fearful workforce coping with the inevitability of a spending squeeze at the end of more than a decade of constant and costly war.

The fiscal crunch also lays bare the politically unpopular, if perhaps necessary, need to bring runaway military costs in line with most of the rest of the American public that has struggled economically for years.

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Potential Primary Challenger to McConnell Courting Conservative Groups

Photo Credit: APKentucky investment executive Matt Bevin has met with some of the nation’s top conservative groups ahead of an expected GOP primary challenge to Senate Minority Leader Mitch McConnell, sources told POLITICO.

Bevin, a partner in the Louisville-based hedge fund Waycross Partners, has not publicly confirmed that he will run against McConnell. But an entity dubbed “Matt Bevin for Senate” has reserved airtime in multiple Kentucky TV markets starting this week, and spokespeople for Bevin and McConnell traded on-record barbs last Friday.

In the run-up to his anticipated campaign, Bevin has spoken with leaders of at least three national right-leaning advocacy groups: the widely feared Club for Growth, the Jim DeMint-founded Senate Conservatives Fund and the Madison Project, a small-government group chaired by former Kansas Rep. Jim Ryun.

Those organizations aren’t yet commenting on Bevin, given that he hasn’t declared his campaign.

While the all-but-announced McConnell challenger is believed to be wealthy enough to commit some personal resources to the race, it’s not clear whether he can – or will – fully self-fund a campaign. A key test of his viability may be whether conservative outside groups are willing to give him back-up on the airwaves.

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Marshals Lose Track of Encrypted Radios Worth Millions, Endanger Security of Federal Judges, Witnesses, Others

Photo Credit: ReutersThe U.S. Marshals Service has lost track of at least 2,000 encrypted two-way radios and other communication devices valued at millions of dollars, according to internal agency documents, creating what some within the agency view as a security risk for federal judges, endangered witnesses and others.

The problem, which stretches back years, was laid out in detail to agency officials at least as early as 2011, when the Marshals were deploying new versions of the radios they use to securely communicate in the field. Agency leaders continued to have difficulty tracking their equipment even after they were warned about the problems by an internal technology office, according to the documents, which were obtained through Freedom of Information Act requests.

Some Marshals officials told The Wall Street Journal that besides the wasted money and resources, the inventory problems raise the possibility that criminals could get their hands on radios and listen to them to learn details of security or law-enforcement operations. Such radios are a key communications tool of U.S. Marshals.

USMS spokesman Drew Wade said the agency believes “this issue is in large part attributable to poor record keeping as a result of an older property-management system, as opposed to equipment being lost.”

The Marshals Service guards judges and federal courthouses, and it runs the Witness Security Program, which provides new identities and security to witnesses or their families at risk of being killed. The Marshals also seek to apprehend fugitives.

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Courageous CEO Discloses that the Secret FISA Court Ordered His ISP to Install Black Box to Copy Data

Photo Credit: FlickrIn the wake of the Snowden revelations, this courageous CEO of a small Internet Service Provider (ISP) in Utah decided to go public with what one of the US’s secret Foreign Intelligence Surveillance Courts ordered him to do. The CEO is outraged over this apparent violation of the Bill of Rights. Here’s part of his statement:

[The federal agents] came in and showed me papers. It was a court order from the FISC (Foreign Intelligence Surveillance Court) for the intercept, with the agent’s name… and the court’s information. I think it was three or four pages of text. They wouldn’t let met me copy them. They let me take notes in regards to technical aspects of what they wanted to do…

It was open ended. I called six months into it and said, “How long is this going to go on?” and they said, “I don’t know.” I went on for nine months. If it were still there, I would have probably smashed it by now. There have been no [related] arrests that I have heard of…

These programs that violate the Bill of Rights can continue because people can’t go out and say, “This is my experience, this is what happened to me, and I don’t think it is right”…

We run a Tor node, in some ways as an affirmation of our belief that there are legitimate reasons for being anonymous on the internet. That is where the majority of requests come in from these days. Some illegal traffic comes in through Tor node and we get a federal request through the FBI or DOJ (Department of Justice). I respond to them and say that this is a Tor node [and therefore inaccessible, even to the ISP]; that is usually the end of it. They realize what that is, and it is a dead end.

I am in a little bit of a different situation than large companies. I don’t have a board of directors to answer to. A number of [larger] companies are getting paid for the information. If you go establish a tap on Google’s network, they will charge X amount per month. Usually the government pays it. It isn’t worth it to me to do that kind of wholesale monitoring at any price, and lot of companies disagree with that, because it is a financial issue for them. [They say] if it is worth this much profit, let’s go for it. The return for standing up for people’s constitutional rights and privacy is much greater and more satisfying.

Congressional Black Caucus Now Lining Up Behind Jesse Jackson’s “Boycott Florida for Trayvon” Campaign

Photo Credit: david_shankboneA number of House Democrats are lining up behind the Rev. Jesse Jackson’s threat for an economic boycott of Florida following the not-guilty verdict in the death of Trayvon Martin.

The lawmakers, all members of the Congressional Black Caucus, are fierce critics of the process that led to George Zimmerman’s acquittal in the fatal shooting last year of the Florida teenager. Exerting pressure on Florida’s economy as Jackson is suggesting, they said, could help overturn the state’s controversial stand-your-ground laws that many contend contributed to the tragedy.

“That’s probably the best strategy, because people understand dollars and cents,” Rep. Lacy Clay (D-Mo.) said Friday. “And they understand, if there’s a significant drop-off in revenues – at conventions, at Disney World and Universal Studios – that that will get the attention of the powerful.”

Clay said he’d like to see “a multi-pronged strategy” that includes legislation, “getting laws overturned by courts, as well as an economic boycott.”

Rep. Bennie Thompson echoed that message. The Mississippi Democrat called the verdict “a travesty” that “does not speak well for this country,” and said he would “absolutely” support an economic boycott of the state.

Read more from this story HERE.