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Senators, Representatives Moving Closer to Reigning in Unconstitutional NSA

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Photo Credit: Jim Lo Scalzo/EPAUdall: NSA close to unconstitutional

By Hadas Gold. Sen. Mark Udall said on Sunday the NSA program that monitors Americans’ phone calls is close to being “unconstitutional.”

“I would argue that it comes close to being unconstitutional, and there’s a better way to do this,” Colorado Democrat said on CBS’ “Face the Nation.”

Udall said a new bill he recently introduced with Sen. Ron Wyden (D-Ore.) protects not just Americans, but the “biggest, baddest weapon we have,” the Bill of Rights.

“My bill, which I want to push as hard as I possibly can, would limit the ways in which the intelligence community accesses average Americans’, innocent Americans’, phone records. That’s the way to go forward,” Udall said. “That’s the way in which to protect not just our people but the Bill of Rights. The Bill of Rights is the biggest, baddest weapon we have.” Read more from this story HERE.

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Opponents of NSA surveillance emboldened by close House vote

By Brendan Sasso and Jennifer Martinez. A close vote in the House on National Security Agency surveillance has given privacy advocates new momentum in their quest to curtail the agency’s power.

Critics of the agency are reviewing their options and plotting their next move in an attempt to build on their surprisingly strong showing.

“The House took a shot across NSA’s bow, and the NSA noticed,” said Gregory Nojeim, a senior counsel for the Center for Democracy and Technology.

It’s a heady time for privacy advocates, who for years have been on the defensive against claims that tougher privacy standards would endanger national security and help terrorists.

“This was the closest vote I’ve ever seen post-9/11 in regard to reeling in the NSA apparatus,” said Amie Stepanovich, director of the Domestic Surveillance Project at the Electronic Privacy Information Center (EPIC). “The numbers on this vote show there’s incredible interest in reforming these programs. I don’t think it matters that it didn’t pass.” Read more from this story HERE.

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Photo Credit: Getty ImagesWyden calls Fisa court ‘anachronistic’ as pressure builds on Senate to act

By Ed Pilkington. Pressure is building within the US Senate for an overhaul of the secret court that is supposed to act as a check on the National Security Agency’s executive power, with one prominent senator describing the judicial panel as “anachronistic” and outdated.

Ron Wyden, a Democratic senator for Oregon, said discussions were under way about how to reform the Foreign Intelligence Surveillance court, the body entrusted with providing oversight on the NSA and its metadata-collecting activities. He told C-Span’s Newsmaker programme on Sunday that the court, which was set up in 1978 under the Foreign Intelligence Surveillance Act (Fisa), was ill-equipped to deal with the massive digital dragnet of millions of Americans’ phone records developed by the NSA in recent years.

“In many particulars, the Fisa court is anachronistic – they are using processes that simply don’t fit the times,” Wyden said.

The Oregon senator is at the forefront of a growing chorus of political voices criticising the Fisa court for being biased towards the executive branch to the exclusion of all other positions. “It is the most one-sided legal process in the US, I don’t know of any other legal system or court that doesn’t highlight anything except one point of view – the executive point of view.”

Wyden added: “When that point of view also dominates the thinking of justices, you’ve got a fairly combustible situation on your hands.” Read more from this story HERE.

Rep. King, Gov. Christie Attack Rand Paul’s Opposition to NSA’s Warrantless Surveillance

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Photo Credit: APRep. Peter King on Rand Paul: ‘This is the anti-war, left-wing Democrats of the 1960s’

By Joseph Lawler. New York Rep. Peter King harshly criticized Kentucky Sen. Rand Paul and other fellow Republicans Sunday for failing to stand by America’s anti-terrorist policies, saying that he worried they would ultimately destroy the Republican Party.

Appearing on CNN’s State of the Union, King said that his overriding concern is national defense, and that “when you have Rand Paul actually comparing [fugitive leaker Edward] Snowden to Martin Luther King or Henry David Thoreau, this is madness.”

“This is the anti-war, left-wing Democrats of the 1960s that nominated George McGovern and destroyed their party for almost 20 years,” King said. “I don’t want that happening to our party.” Read more from this story HERE.

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Photo Credit: APRand Paul hits back at Chris Christie

By Associated Press. Kentucky Sen. Rand Paul hit back at New Jersey Gov. Chris Christie in the two Republicans’ ongoing spat over national security.

Christie last week criticized Paul’s opposition to warrantless federal surveillance programs, saying it harmed efforts to prevent terrorism. Paul told reporters after speaking at a fundraiser outside Nashville on Sunday that Christie’s position hurts GOP chances in national elections, and that spending priorities of critics like the governor and Rep. Peter King of New York do more to harm national security.

“They’re precisely the same people who are unwilling to cut the spending, and their `Gimme, gimme, gimme – give me all my Sandy money now.’” Paul said, referring to federal funding after the hurricane last year. “Those are the people who are bankrupting the government and not letting enough money be left over for national defense.”

King in a phone interview late Sunday called Paul’s criticism of Sandy aid “indefensible.”

“This was absolutely life or death money that was essential to New York and New Jersey,” King said. Read more from this story HERE.

Snowden Claims US Will Use Torture or Worse if He is Returned but Holder Promises Not to Execute Him

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Photo Credit: APThe US has told the Russian government that it will not seek the death penalty for Edward Snowden should he be extradited, in an attempt to prevent Moscow from granting asylum to the former National Security Agency contractor.

In a letter sent this week, US attorney general Eric Holder told his Russian counterpart that the charges faced by Snowden do not carry the death penalty. Holder added that the US “would not seek the death penalty even if Mr Snowden were charged with additional, death penalty-eligible crimes”.

Holder said he had sent the letter, addressed to Alexander Vladimirovich, Russia’s minister of justice, in response to reports that Snowden had applied for temporary asylum in Russia “on the grounds that if he were returned to the United States, he would be tortured and would face the death penalty”.

“These claims are entirely without merit,” Holder said. In addition to his assurance that Snowden would not face capital punishment, the attorney general wrote: “Torture is unlawful in the United States.”

In the letter, released by the US Department of Justice on Friday, Holder added: “We believe that these assurances eliminate these asserted grounds for Mr Snowden’s claim that he should be treated as a refugee or granted asylum, temporary or otherwise.”

Read more from this story HERE.

NSA Surveillance Critics – Including Glenn Greenwald – to Testify Before Congress

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Photo Credit: Michael Reynolds/EPACongress will hear testimony from critics of the National Security Agency’s surveillance practices for the first time since the whistleblower Edward Snowden’s explosive leaks were made public.

[Glenn Greenwald, the Guardian journalist who first revealed details of the surveillance programmes leaked by Snowden, had also been invited to testify via video-link from his base in Rio.]

Democratic congressman Alan Grayson, who is leading a bipartisan group of congressman organising the hearing, told the Guardian it would serve to counter the “constant misleading information” from the intelligence community.

The hearing, which will take place on Wednesday, comes amid evidence of a growing congressional rebellion NSA data collection methods.

On Wednesday, a vote in the House of Representatives that would have tried to curb the NSA’s practice of mass collection of phone records of millions of Americans was narrowly defeated.

However, it exposed broader-than-expected concern among members of Congress over US surveillance tactics…

Read more from this story HERE.

Edward Snowden’s Not the Story. The Fate of the Internet Is

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Photo Credit: Tatyana Lokshina/APRepeat after me: Edward Snowden is not the story. The story is what he has revealed about the hidden wiring of our networked world. This insight seems to have escaped most of the world’s mainstream media, for reasons that escape me but would not have surprised Evelyn Waugh, whose contempt for journalists was one of his few endearing characteristics. The obvious explanations are: incorrigible ignorance; the imperative to personalise stories; or gullibility in swallowing US government spin, which brands Snowden as a spy rather than a whistleblower…

As an antidote, here are some of the things we should be thinking about as a result of what we have learned so far.

The first is that the days of the internet as a truly global network are numbered. It was always a possibility that the system would eventually be Balkanised, ie divided into a number of geographical or jurisdiction-determined subnets as societies such as China, Russia, Iran and other Islamic states decided that they needed to control how their citizens communicated. Now, Balkanisation is a certainty.

Second, the issue of internet governance is about to become very contentious. Given what we now know about how the US and its satraps have been abusing their privileged position in the global infrastructure, the idea that the western powers can be allowed to continue to control it has become untenable.

Third, as Evgeny Morozov has pointed out, the Obama administration’s “internet freedom agenda” has been exposed as patronising cant. “Today,” he writes, “the rhetoric of the ‘internet freedom agenda’ looks as trustworthy as George Bush’s ‘freedom agenda’ after Abu Ghraib.”

Read more from this story HERE.

Half of Americans Supposedly Approve of NSA Surveillance Program

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Photo Credit: APBy James Arkin. Most Americans are suspicious they aren’t being told the full truth about the National Security Agency’s surveillance program, but half still approve of the program overall, according to a new poll released Friday.

Fifty percent of Americans approve of the NSA program while 44 percent disapprove, according to the poll from the PEW Research Center.

Despite the overall approval, 70 percent of those surveyed said they thought the government uses this data for purposes other than investigating terrorism. Similarly, 63 percent of those surveyed said they believed the government was collecting information about content of communications, not just metadata. Of that group, 27 percent said they thought the government had listened to their calls or read their emails, while 28 percent did not. Read more from this story HERE.

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Photo Credit: Michael Reynolds/EPANSA surveillance critics to testify before Congress

By Paul Lewis. Congress will hear testimony from critics of the National Security Agency’s surveillance practices for the first time since the whistleblower Edward Snowden’s explosive leaks were made public.

Democrat congressman Alan Grayson, who is leading a bipartisan group of congressman organising the hearing, told the Guardian it would serve to counter the “constant misleading information” from the intelligence community.

The hearing, which will take place on Wednesday, comes amid evidence of a growing congressional rebellion NSA data collection methods.

On Wednesday, a vote in the House of Representatives that would have tried to curb the NSA’s practice of mass collection of phone records of millions of Americans was narrowly defeated.

However, it exposed broader-than-expected concern among members of Congress over US surveillance tactics. A majority of Democrat members voted in support of the amendment. Read more from this story HERE.

FBI Letter to Rand Paul Reveals Drones Used 10 Times in US (+video)

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Photo Credit: Daily CallerBy Alec Hill. The Federal Bureau of Investigations has used unmanned aerial vehicles (UAVs), or drones, at least ten times in the United States, a letter from the agency to Kentucky Republican Sen. Rand Paul revealed on Thursday.

“Since late 2006, the FBI has conducted surveillance using UAV’s in eight criminal cases and two nationals security cases,” the letter reads. A footnote at the end of the sentence noted that in three additional cases, drones were authorized, but “not actually used.”

In addition to their public response, the FBI also sent Paul’s office a different, classified version of their letter containing more details.

The FBI sent the letter to Paul’s office after Paul’s insistent and much-publicized stand against drone use on American citizens both at home and abroad, which dates back to a filibuster Paul conducted on March 6. On that date, Paul, assisted by a bipartisan group of senators, protested the Obama administration’s use of drones by holding up John Brennan’s nomination for CIA director for almost 13 hours. Read more from this story HERE.

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Photo Credit: APRand Paul maintains hold on FBI nominee

By Burgess Everett. The FBI has used domestic drones for surveillance in eight criminal and two national security cases since 2006, an FBI official wrote in a letter to Sen. Rand Paul, who is maintaining his hold of the nominee to lead the agency.

The letter came in response to a list of questions Paul sent to the director about domestic drone use. Paul had said he would delay the nomination of FBI Director Robert Mueller’s potential successor, James Comey, until he received specifics on the domestic drone program.

Now, Paul says the answers are “insufficient” and he sent a follow-up with additional questions, meaning the hold remains in place. Paul’s been known to get drone answers before, filibustering the nomination of CIA Director John Brennan for 12 hours over the question of whether the government could kill Americans not engaged in combat on U.S. soil.

Stephen Kelly from the FBI’s Office of Congressional Affairs said drones — or unmanned aerial vehicles — have been used in the United States in “very limited circumstances,” such as locating a missing 5-year-old child held in an underground Alabama bunker earlier this year. Kelley also said the FBI does not arm its drones, nor does it have plans to do so, and does not conduct “bulk surveillance.” Read more from this story HERE.

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Photo Credit: telegraph.co.ukEU planning to ‘own and operate’ spy drones and an air force

By Bruno Waterfield. The European Union is planning to “own and operate” spy drones, surveillance satellites and aircraft as part of a new intelligence and security agency under the control of Baroness Ashton.

The controversial proposals are a major move towards creating an independent EU military body with its own equipment and operations, and will be strongly opposed by Britain.

Officials told the Daily Telegraph that the European Commission and Lady Ashton’s European External Action Service want to create military command and communication systems to be used by the EU for internal security and defence purposes. Under the proposals, purchasing plans will be drawn up by autumn.

The use of the new spy drones and satellites for “internal and external security policies”, which will include police intelligence, the internet, protection of external borders and maritime surveillance, will raise concerns that the EU is creating its own version of the US National Security Agency.

Senior European officials regard the plan as an urgent response to the recent scandal over American and British communications surveillance by creating EU’s own security and spying agency. Read more from this story HERE.

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Why Do Women Disapprove of Drone Strikes So Much More Than Men Do?

Photo Credit: the atlantic

By Alexis C. Madrigal. Pew’s out with an international poll that shows, across countries and overall levels of support, a striking gender gap exists on support for American drone strikes.

Women were much less likely to approve of “the United States conducting missile strikes from pilotless aircraft called drones to target extremists in countries such as Pakistan, Yemen and Somalia.”

In Japan, for example, support for drone strikes was 30 percentage points lower than their male counterparts. The smallest gaps — in France, South Korea, and Uganda — were 14, 14, and 13 percentage points, respectively. On average, there was a 22-point gap between male and female support for drone strikes, and it didn’t matter if there was considerable overall support for strikes or not.

“Gender gaps are also often seen in global surveys over the use of military force, with women far less likely than men to say that force is sometimes necessary in the pursuit of justice,” wrote Bruce Stokes, Director of Global Economic Attitudes at the Pew Research Center’s Global Attitudes Project, in introducing the data. “But the gender difference over drone strikes is unusually large.” Read more from this story HERE.

Feds Move to Seize Web Firms’ User Account Passwords

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Photo Credit: James MartinThe U.S. government has demanded that major Internet companies divulge users’ stored passwords, according to two industry sources familiar with these orders, which represent an escalation in surveillance techniques that has not previously been disclosed.

If the government is able to determine a person’s password, which is typically stored in encrypted form, the credential could be used to log in to an account to peruse confidential correspondence or even impersonate the user. Obtaining it also would aid in deciphering encrypted devices in situations where passwords are reused.

“I’ve certainly seen them ask for passwords,” said one Internet industry source who spoke on condition of anonymity. “We push back.”

A second person who has worked at a large Silicon Valley company confirmed that it received legal requests from the federal government for stored passwords. Companies “really heavily scrutinize” these requests, the person said. “There’s a lot of ‘over my dead body.'”

Some of the government orders demand not only a user’s password but also the encryption algorithm and the so-called salt, according to a person familiar with the requests. A salt is a random string of letters or numbers used to make it more difficult to reverse the encryption process and determine the original password. Other orders demand the secret question codes often associated with user accounts.

Read more from this story HERE.

How Nancy Pelosi Saved the NSA Surveillance Program (+video)

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Photo Credit: FPBy John Hudson

The obituary of Rep. Justin Amash’s amendment to claw back the sweeping powers of the National Security Agency has largely been written as a victory for the White House and NSA chief Keith Alexander, who lobbied the Hill aggressively in the days and hours ahead of Wednesday’s shockingly close vote. But Hill sources say most of the credit for the amendment’s defeat goes to someone else: House Minority Leader Nancy Pelosi. It’s an odd turn, considering that Pelosi has been, on many occasions, a vocal surveillance critic.

Ahead of the razor-thin 205-217 vote, which would have severely limited the NSA’s ability to collect data on Americans’ telephone records if passed, Pelosi privately and aggressively lobbied wayward Democrats to torpedo the amendment, a Democratic committee aid with knowledge of the deliberations tells The Cable.

“Pelosi had meetings and made a plea to vote against the amendment and that had a much bigger effect on swing Democratic votes against the amendment than anything Alexander had to say,” said the source, keeping in mind concerted White House efforts to influence Congress by Alexander and Director of National Intelligence James Clapper. “Had Pelosi not been as forceful as she had been, it’s unlikely there would’ve been more Democrats for the amendment.”

With 111 liberal-to-moderate Democrats voting for the amendment alongside 94 Republicans, the vote in no way fell along predictable ideological fault lines. And for a particular breed of Democrat, Pelosi’s overtures proved decisive, multiple sources said.

“Pelosi had a big effect on more middle-of-the road hawkish Democrats who didn’t want to be identified with a bunch of lefties [voting for the amendment],” said the aide. “As for the Alexander briefings: Did they hurt? No, but that was not the central force, at least among House Democrats. Nancy Pelosi’s political power far outshines that of Keith Alexander’s.” Read more from this story HERE.

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Photo Credit: The BlazeA different amendment restricting NSA spying was passed overwhelmingly by the House – but ‘no one is talking about it’

By Jason Howerton

While the most talked-about news out of the U.S. House of Representatives on Wednesday was the defeat of the so-called Amash amendment that would have defunded the NSA’s massive data collection program, another amendment related to NSA spying was quietly passed overwhelmingly by lawmakers.

The Pompeo amendment (championed by Rep. Mike Pompeo of Kansas) passed the House with a bipartisan vote of 409-12. However, “no one is talking about it,” Rep. John Culberson (R-Texas) told TheBlaze on Thursday.

The amendment that passed is reportedly intended to “ensure none of the funds may be used by the NSA to target a U.S. person or acquire and store the content of a U.S. person’s communications, including phone calls and e-mails.”

In contrast, the Amash amendment sought to “end authority for the blanket collection of records under the Patriot Act. It would also bar the NSA and other agencies from using Section 215 of the Patriot Act to collect records, including telephone call records, that pertain to persons who are not subject to an investigation under Section 215.”

Culberson told TheBlaze in a phone interview why he supported the Pompeo amendment over the more sweeping amendment authored by Rep. Justin Amash (R-Mich.). Read more from this story HERE.

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Photo Credit: Fox NewsFox News Poll: Voters concerned NSA can’t keep a secret

By Dana Blanton

Voters think the National Security Agency surveillance program is more likely to hurt than protect law-abiding Americans. They are also concerned the agency can’t keep its own secrets secret.

That’s according to a Fox News poll released Thursday — a day after the U.S. House voted down legislation that would have stopped the NSA from collecting the phone records of millions of Americans.

By a 47-41 percent margin, more voters think the government’s electronic surveillance program does more to hurt Americans by using their private info improperly than it does to help track down terrorists and protect Americans.

The number of Democrats who believe the NSA’s efforts are more likely to help catch terrorists (52 percent) is matched by the number of Republicans who think it will hurt everyday Americans (52 percent). More than 7 in 10 voters who are part of the Tea Party movement say the tracking is more likely to hurt Americans (72 percent). Read more from this story HERE.


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Photo Credit: J Scott ApplewhiteNSA amendment’s narrow defeat spurs privacy advocates for surveillance fight

By Spencer Ackerman and Paul Lewis

The razor-thin defeat of a congressional measure to rein in domestic surveillance galvanized civil libertarians on Thursday for what they expect to be a drawn-out political and legal struggle to clip the wings of the intelligence apparatus in the US.

While a measure by Representative Justin Amash, a Michigan Republican, failed in the House on Wednesday night, the tight vote was the closest that privacy advocates have come since 9/11 to stopping the National Security Agency from collecting Americans’ data in bulk.

Members of Congress, liberties groups and former surveillance officials pointed to a variety of measures, from new legislation in both the Senate and House to court cases, as means to reset the much-contested balance between liberty and security in the US over the coming weeks and months.

“There are many voices concerned in the Senate about this same issue,” said J Kirk Wiebe, a former senior NSA analyst turned whistleblower. “It doesn’t mean it’s the end of it. It’s the beginning.”

Aides to congressman James Sensenbrenner, the Wisconsin Republican who wrote the Patriot Act, told the Guardian on Thursday that he plans to introduce legislation through the House judiciary committee that would restrict the NSA’s bulk surveillance of Americans’ phone records.

“Yesterday’s amendment was only a first step in what will be a long debate,” said Sensenbrenner spokesman Ben Miller. Read more from this story HERE.

House Rejects Bid to Curb Spy Agency Data Collection

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Photo Credit: Reuters/NSABy David Alexander. A U.S. spy program that sweeps up vast amounts of electronic communications survived a legislative challenge in the House of Representatives on Wednesday, the first attempt to curb the data gathering since former NSA contractor Edward Snowden revealed details of its scope.

The House of Representatives voted 217-205 to defeat an amendment to the defense appropriations bill that would have limited the National Security Agency’s ability to collect electronic information, including phone call records.

Opposition to government surveillance has created an unlikely alliance of libertarian Republicans and some Democrats in Congress, The House vote split the parties, with 94 Republicans in favor and 134 against, while 111 Democrats supported the amendment and 83 opposed it.

The White House and senior intelligence officials opposed the amendment by Republican Representative Justin Amash of Michigan, which had been prompted by Snowden’s revelations. Snowden, a fugitive from the United States, has been holed up at a Moscow airport for the past month unable to secure asylum.

The House later approved the defense appropriations bill, which included nearly $600 billion in Pentagon spending for the 2014 fiscal year, including the costs of the Afghanistan war. Read more from this story HERE.

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Photo Credit: Getty ImagesAmericans Have Completely Flipped On Edward Snowden In The Past Month

By Brett Logiurato. The American public’s views of National Security Agency leak source Edward Snowden have flipped in the past month, according to one poll — and now most support him being charged with a crime.

According to the ABC-Washington Post poll, 53% say that Snowden should be charged with a crime after exposing a trove of NSA secrets, compared with 36% who disagree. That’s a sharp turn from the point immediately after his revelations in June, when Americans opposed him being charged by a 48-43 margin.

Snowden is currently in Russia, where he is reportedly being allowed to leave the Moscow airport transit zone in which he has been stationed for the past month. Read more from this story HERE.

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Poll: Majority more worried U.S. surveillance goes too far

By Mark Murray. More than a month after leaker Edward Snowden revealed information about the National Security Agency’s surveillance and data-gathering programs, 55 percent of Americans say they’re more worried the United States will go too far in violating privacy rights, according to the NBC News/Wall Street Journal poll.

Click here for full poll results (pdf)

That’s a significant shift from the immediate aftermath of the 9/11 terrorist attacks, when an equal number in the Dec. 2001 NBC/WSJ poll — 55 percent — worried more that the United States wouldn’t go far enough in monitoring potential terrorists who live in the U.S.

The last time the poll asked this question, in July 2006, Americans were split, with 45 percent worried that this surveillance would violate privacy rights and with 43 percent worried it wouldn’t go far enough to pursue potential terrorists. Read more from this story HERE.

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Photo Credit: APPoll: Congress Rating Plunges

By Melanie Batley. A whopping 83 percent of Americans disapprove of the job Congress is doing, giving the nation’s legislative body its worst grade ever in the latest Wall Street Journal/NBC News poll.

According to the survey of 1,000 adults taken July 17 to July 21, voter frustration with partisan gridlock in Washington is driving the levels of dissatisfaction with Congress. Voters also blame President Barack Obama whose job-approval rating fell to 45 percent, its lowest level since late 2011 in the Journal/NBC poll.

Perhaps most worrying for the president was the slump in support among his strongest backers, including blacks and core Democrats, while independents dropped sharply too.

Pollster Bill McInturff, who helped conduct the survey, called the dip “a telling scratch” in the president’s armor that could hurt the Democrats in the 2014 midterm elections if it gets worse.

“If ever there is an edge that falls off in the president’s core support, that is always very meaningful in an off-year election,” McInturff said. Read more from this story HERE.