"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘Suppression of 1st Amendment Rights’

2+2=5: The United States, Home Of “Freedom Of The Press” Ranks 46th In World On Press Freedom Index

In Uncategorized on February 13, 2014 at 6:29 pm

Oldspeak: “Appreciate the ruthlessly Orwellian irony. At a time when a fucking CONSTITUTIONAL LAW PROFESSOR is President.  In the nation where journalism is the only constitutionally protected profession, press freedom is being snuffed out.  With the Borg-like 1% corporate media-industrial complexs’ assimilation, evisceration & homogenization of journalism and information dissemination continuing unabated with the soon to be approved Comcast/TimeWarner merger; while respected journalists, their sources and government/corporate whistleblowers being accused of terrorism & espionage, unlawfully harassed, threatened with arrest, jailed and face decades long prison sentences, this doesn’t come as very much of a surprise. in this context it’s easy to understand how square in the middle of an unprecedented torrent of a range extreme weather events cause by anthropogenic global warming/climate change, the weather reported as sensationalized disaster porn, while global warming/climate change is rarely if ever mentioned in relation. 97% scientists sounding the alarm are ignored. it is as Neil Postman said in 1985 “Americans are the best entertained and quite likely the least well-informed people in the Western world“. prescient words. We are literally entertaining ourselves to extinction.” -OSJ

By Conor Friedersdorf @ The Atlantic:

Every year, Reporters Without Borders ranks 180 countries in order of how well they safeguard press freedom. This year, the United States suffered a precipitous drop.

The latest Press Freedom Index ranked the U.S. 46th.

That puts us around the same place as UC Santa Barbara in the U.S. News and World Report college rankings. If we were on the PGA tour we’d be Jonas Blixt of Sweden.

If we were on American Idol we’d have been sent home already.

Countries that scored better include Romania,  South Africa, Ghana, Cyprus, and Botswana. And 40 others. Put simply, it’s an embarrassing result for the country that conceived the First Amendment almost 240 years ago. These rankings are always a bit arbitrary, but we’re not anywhere close to the top tier these days. Why?

The report explains:

… the heritage of the 1776 constitution was shaken to its foundations during George W. Bush’s two terms as president by the way journalists were harassed and even imprisoned for refusing to reveal their sources or surrender their files to federal judicial officials. There has been little improvement in practice under Barack Obama. Rather than pursuing journalists, the emphasis has been on going after their sources, but often using the journalist to identify them. No fewer that eight individuals have been charged under the Espionage Act since Obama became president, compared with three during Bush’s two terms. While 2012 was in part the year of WikiLeaks founder Julian Assange, 2013 will be remember for the National Security Agency computer specialist Edward Snowden, who exposed the mass surveillance methods developed by the US intelligence agencies.

Elsewhere it notes:

US journalists were stunned by the Department of Justice’s seizure of Associated Press phone records without warning in order to identify the source of a CIA leak. It served as a reminder of the urgent need for a “shield law” to protect the confidentiality of journalists’ sources at the federal level. The revival of the legislative process is little consolation for James Risen of The New York Times, who is subject to a court order to testify against a former CIA employee accused of leaking classified information. And less still for Barrett Brown, a young freelance journalist facing 105 years in prison in connection with the posting of information that hackers obtained from Statfor, a private intelligence company with close ties to the federal government.

Some Americans reading those critiques will object that terrorism is a real threat, and insist that national security and freedom of the press must be balanced. Even if you agree in principle, consider the countries that rank highest on the 2014 Press Freedom Index. Here are the top 10: Finland, Netherlands, Norway, Luxembourg, Andorra, Liechtenstein, Denmark, Iceland, New Zealand, and Sweden.

Raise your hand if you’re afraid to visit any of those countries.

Does anyone truly believe that the way they treat the press is imperiling their security, or that America couldn’t prosper even if it was as friendly to the press as Finland? Does Team Obama believe that the terrorists are going to win in Sweden, New Zealand, and Iceland because their balance is too press-freedom friendly?

Take it from Lee Greenwood. “I’m proud to be an American because at least I know I’m freer than 47th-ranked Haiti” just doesn’t have the same exceptionalist ring to it.

The index methodology is here. Having looked it over, I still want the U.S. to be on top next year. How about you?

How Cryptography Is A Key Weapon In The Fight Against Empire States’ Campaign For Global Control

In Uncategorized on July 9, 2013 at 6:11 pm
A telecommunications station in Addis Ababa, Ethiopia

“Africa is coming online, but with hardware supplied by China. Will the internet be the means by which Africa continues to be subjugated into the 21st century?’ Photograph: Mao Siqian/Corbis

Oldspeak: “The new great game is not the war for oil pipelines. It is the war for information pipelines: the control over fibre-optic cable paths that spread undersea and overland. The new global treasure is control over the giant data flows that connect whole continents and civlisations, linking the communications of billions of people and organisations… Meanwhile, the United States is accelerating the next great arms race. The discoveries of the Stuxnet virus – and then the Duqu and Flame viruses – herald a new era of highly complex weaponised software made by powerful states to attack weaker states… Once upon a time the use of computer viruses as offensive weapons was a plot device in science fiction novels. Now it is a global reality spurred on by the reckless behaviour of the Barack Obama administration in violation of international law…. Cryptography can protect not just the civil liberties and rights of individuals, but the sovereignty and independence of whole countries, solidarity between groups with common cause, and the project of global emancipation. It can be used to fight not just the tyranny of the state over the individual but the tyranny of the empire over smaller states.-Julian Assange.

“The control of information is something the elite always does, particularly in a despotic form of government. Information, knowledge, is power. If you can control information, you can control people.” –Tom Clancy

“This is why Julian Assange, Bradley Manning, Edward Snowden, the late Aaron Schwartz and other of their ilk are have been pursued, persecuted &  prosecuted with such relentless ferocity. They understand that information, truthful information, has profound and transformative power to change the world for the betterment of all.  They understand that the new slavery is digital, and are selflessly trying to liberate our minds and bodies  by widely disseminating previously secret, truthful information.  They understand that information is not “aiding our enemies” as our controllers tell us; it’s liberating them and us as well. It’s leveling the playing field. It’s exposing lies, corruption, exploitation, murder, illegality, subjugation, greed, sociopathy,  and countless other manner of aberrant and destructive behaviors  that are putting our civilization and planet in peril while being used to control us and take advantage of our ignorance.  They understand that truthful information is key to protecting civil liberties, human and planetary rights. People are currently being controlled quite effectively with yodabites of false information.  Assange et al understand that it’s in our controllers best interests to keep our attention focused on triviality and not reality. The small portions of truthful information that have disseminated are already having significant effects. Independent journalists and whistleblowers are the preeminent threat to the Supra-Governmental Corporate Network. It it why they are being held up as dangerous enemies of the state.  Elites must suppress their efforts at all costs for the terminally corrupted system they’ve created to continue to function at status quo. Total freedom of information is a powerful agent of democracy and equality. Elites are doing all they can to prevent it from becoming reality. Computer code is the new nuclear bomb. Our controllers cannot allow The People’s finger to be on the button.” –OSJ

By Julian Assange @ The U.K. Guardian:

The original cypherpunks were mostly Californian libertarians. I was from a different tradition but we all sought to protect individual freedom from state tyranny. Cryptography was our secret weapon. It has been forgotten how subversive this was. Cryptography was then the exclusive property of states, for use in their various wars. By writing our own software and disseminating it far and wide we liberated cryptography, democratised it and spread it through the frontiers of the new internet.

The resulting crackdown, under various “arms trafficking” laws, failed. Cryptography became standardised in web browsers and other software that people now use on a daily basis. Strong cryptography is a vital tool in fighting state oppression. That is the message in my book, Cypherpunks. But the movement for the universal availability of strong cryptography must be made to do more than this. Our future does not lie in the liberty of individuals alone.

Our work in WikiLeaks imparts a keen understanding of the dynamics of the international order and the logic of empire. During WikiLeaks’ rise we have seen evidence of small countries bullied and dominated by larger ones or infiltrated by foreign enterprise and made to act against themselves. We have seen the popular will denied expression, elections bought and sold, and the riches of countries such as Kenya stolen and auctioned off to plutocrats in London and New York.

The struggle for Latin American self-determination is important for many more people than live in Latin America, because it shows the rest of the world that it can be done. But Latin American independence is still in its infancy. Attempts at subversion of Latin American democracy are still happening, including most recently in Honduras, Haiti, Ecuador and Venezuela.

This is why the message of the cypherpunks is of special importance to Latin American audiences. Mass surveillance is not just an issue for democracy and governance – it’s a geopolitical issue. The surveillance of a whole population by a foreign power naturally threatens sovereignty. Intervention after intervention in the affairs of Latin American democracy have taught us to be realistic. We know that the old powers will still exploit any advantage to delay or suppress the outbreak of Latin American independence.

Consider simple geography. Everyone knows oil resources drive global geopolitics. The flow of oil determines who is dominant, who is invaded, and who is ostracised from the global community. Physical control over even a segment of an oil pipeline yields great geopolitical power. Governments in this position can extract huge concessions. In a stroke, the Kremlin can sentence eastern Europe and Germany to a winter without heat. And even the prospect of Tehran running a pipeline eastwards to India and China is a pretext for bellicose logic from Washington.

But the new great game is not the war for oil pipelines. It is the war for information pipelines: the control over fibre-optic cable paths that spread undersea and overland. The new global treasure is control over the giant data flows that connect whole continents and civlisations, linking the communications of billions of people and organisations.

It is no secret that, on the internet and on the phone, all roads to and from Latin America lead through the United States. Internet infrastructure directs 99% of the traffic to and from South America over fibre-optic lines that physically traverse US borders. The US government has shown no scruples about breaking its own law to tap into these lines and spy on its own citizens. There are no such laws against spying on foreign citizens. Every day, hundreds of millions of messages from the entire Latin American continent are devoured by US spy agencies, and stored forever in warehouses the size of small cities. The geographical facts about the infrastructure of the internet therefore have consequences for the independence and sovereignty of Latin America.

The problem also transcends geography. Many Latin American governments and militaries secure their secrets with cryptographic hardware. These are boxes and software that scramble messages and then unscramble them on the other end. Governments purchase them to keep their secrets secret – often at great expense to the people – because they are correctly afraid of interception of their communications.

But the companies who sell these expensive devices enjoy close ties with the US intelligence community. Their CEOs and senior employees are often mathematicians and engineers from the NSA capitalising on the inventions they created for the surveillance state. Their devices are often deliberately broken: broken with a purpose. It doesn’t matter who is using them or how they are used – US agencies can still unscramble the signal and read the messages.

These devices are sold to Latin American and other countries as a way to protect their secrets but they are really a way of stealing secrets.

Meanwhile, the United States is accelerating the next great arms race. The discoveries of the Stuxnet virus – and then the Duqu and Flame viruses – herald a new era of highly complex weaponised software made by powerful states to attack weaker states. Their aggressive first-strike use on Iran is determined to undermine Iranian efforts at national sovereignty, a prospect that is anathema to US and Israeli interests in the region.

Once upon a time the use of computer viruses as offensive weapons was a plot device in science fiction novels. Now it is a global reality spurred on by the reckless behaviour of the Barack Obama administration in violation of international law. Other states will now follow suit, enhancing their offensive capacity to catch up.

The United States is not the only culprit. In recent years, the internet infrastructure of countries such as Uganda has been enriched by direct Chinese investment. Hefty loans are doled out in return for African contracts to Chinese companies to build internet backbone infrastructure linking schools, government ministries and communities into the global fibre-optic system.

Africa is coming online, but with hardware supplied by an aspirant foreign superpower. Will the African internet be the means by which Africa continues to be subjugated into the 21st century? Is Africa once again becoming a theatre for confrontation between the global powers?

These are just some of the important ways in which the message of the cypherpunks goes beyond the struggle for individual liberty. Cryptography can protect not just the civil liberties and rights of individuals, but the sovereignty and independence of whole countries, solidarity between groups with common cause, and the project of global emancipation. It can be used to fight not just the tyranny of the state over the individual but the tyranny of the empire over smaller states.

The cypherpunks have yet to do their greatest work. Join us.

“We Steal Secrets”: Film Commissioned By Comcast-Owned Studio Tries To Smear, Discredit Wikileaks, Assange, Manning

In Uncategorized on June 4, 2013 at 5:04 pm

WikiLeaks top secret mobile information collection unit is pulled over by Secret Service for driving in a no truck zone. They had been peeking in the windows while it was parked during a Bradley Manning rally. (Photo: <a href="http://www.flickr.com/photos/23737633@N02/5813470696/in/photolist-9RHyio-9w7iVz-94dP6i-8XTTDF-8UPVKU-91HnQa-9jUqsu-8XM9Qa-9RV683-91ASm4-8ZbP6r-8Znppw-8vPE7B-91PA3V-9f2y5v-91PzWi-91UVFf-9j95W8-91RPA4-9aAqbo-acVxgm-acVxH1-acSJwP-acVxub-91SGvY-91PzZB-91SFCW-91SG8N-9Wvcrt-91Pz7x-91PzfM-91PztX-91Pzj6-91SGfL-91SFGA-91SFV3-91SGs3-91SGMG-91SGU3-dYLrhn-91Pzmv-91eSvT-9Wvci6-91SFLf-9285iQ-9bnE7j-8Vhdwa-91PzCi-91471X-appWCm-8ZQz4K" target="_blank"> John Penley / Flickr</a>) Oldspeak: “The smear campaign is on. And corporate media is on point. In a macabre irony The Corporatocracy has shrewdly co-opted a formerly independent anti-corporate filmmaker responsible for such gems as “Enron: The Smartest Guys In The Room” and “Taxi To The Dark Side”, and chosen him to produce a glitzy propaganda film that assassinates the characters of a government whistleblower and the anti-corporate journalist who dared expose to the public, the evil and anti-democratic actions that are being perpetrated by our government in our names. While corporate media is dutifully focused on diversionary “news scandals”, “immigration reform” (a.k.a. National Biometric Database Implementation),  It’s getting harder and harder for citizens to be informed about the increasingly secret actions of our government. Meanwhile there is no discussion in corporate media of the Orwellian absurdity of secretly inditing a journalist and prosecuting a whistleblower  with the longest and harshest punishment possible, while allowing those whose murder, torture, theft, waste, and a constelation of  wrongdoing they exposed to continue unpunished and unknown. O_o Do not be fooled by this spurious agitpop. It’s purpose is to protect and maintain empire. “Propaganda always wins, if you allow it.” –Leni Riefenstahl

By Chris Hedges @ Truthdig:

Alex Gibney’s new film, “We Steal Secrets,” is about WikiLeaks and its founder, Julian Assange. It dutifully peddles the state’s contention that WikiLeaks is not a legitimate publisher and that Bradley Manning, who allegedly passed half a million classified Pentagon and State Department documents to WikiLeaks, is not a legitimate whistle-blower. It interprets acts of conscience and heroism by Assange and Manning as misguided or criminal. It holds up the powerful—who are responsible for the plethora of war crimes Manning and Assange exposed—as, by comparison, trustworthy and reasonable. Manning is portrayed as a pitiful, naive and sexually confused young man. Assange, who created the WikiLeaks site so whistle-blowers could post information without fear of being traced, is presented as a paranoid, vindictive megalomaniac and a sexual deviant. “We Steal Secrets” is agitprop for the security and surveillance state.

Rebels are typically a bundle of contradictions and incongruities. They are often difficult people whom the dominant systems of power abused at a young age. They have the intelligence needed to dissect the workings of power, and to devise mechanisms to fight back. German Jewish intellectuals in the Nazi era such as Hannah Arendt, writers such as James Baldwin, who was gay as well as black, and the revolutionary Frantz Fanon, a black writer and psychiatrist raised in the French colony of Martinique, all were outsiders, even outcasts. Like these three, Manning and Assange rose out of personal troubles to ask the questions traditional rebels ask, and they responded as traditional rebels respond.

“The initial presentation of the story was that Bradley Manning was a pure political figure, like a Daniel Ellsberg,” Gibney told The Daily Beast in an interview in January. “I don’t think that’s a sufficient explanation of why he did what he did. I think he was alienated; he was in agony personally over a number of issues. He was lonely and very needy. And I think he had an identity crisis. He had this idea that he was in the wrong body and wanted to become a woman, and these issues are not just prurient. I think it raises big issues about who whistleblowers are, because they are alienated people who don’t get along with people around them, which motivates them to do what they do.”

Gibney is unable to see that humans are a mixture of hubris and altruism, cowardice and courage, anger and love. There are no “pure” political figures—including Daniel Ellsberg. But there are people who, for reasons of conscience, discover the inner fortitude to defy tyranny at tremendous personal risk. Manning did this. Assange did this. They are not perfect human beings, but to dwell at length, as Gibney does, on their supposed psychological deficiencies and personal failings, while glossing over the vast evil they set themselves against, is an insidious form of character assassination. It serves the interests of the oppressors. Even if all the character flaws ascribed by Gibney to Manning and Assange are true—and I do not believe they are true—it does not diminish what they did.

The film at many points is a trashy exercise in tabloid journalism. Gibney panders to popular culture’s taste for cheap pop psychology and obsession with sex, salacious gossip and trivia. He shows clips of Assange dancing in a disco. He goes through an elaborate ritual of putting a wig and makeup on one of Assange’s estranged paramours, Anna Ardin, to disguise her although she is a public figure in Sweden.

“When the women went to the police to try to force Assange to take an HIV test, their testimony raised questions about possible criminal charges,” Gibney says in speaking about a Swedish case in which allegations of sexual misbehavior have been made against the WikiLeaks publisher. “The police, on their own, decided to investigate further. The refusal to use a condom took center stage: If Assange had HIV and knew it, it could be a case for assault. The testimony of the women raised another issue: Did he refuse to use a condom because he wanted to make the women pregnant? Some pointed to the fact he had already fathered four children with different women around the world.”

The personal sin is excoriated. The vast structural sin Assange and Manning fought is ignored. The primacy of personal piety over justice is the inversion of morality. It is the sickness of our age. David Petraeus is hounded out of the CIA not because he oversaw death squads that killed thousands of innocents in Iraq or because the CIA tortures detainees, but because he had an extramarital affair. The power elite can draw up kill lists, torture people, wage endless war and carry out massive fiscal fraud on Wall Street as long as they don’t get caught sleeping with their administrative assistants. Assange can lay bare the crimes they commit, but his act of truth-telling is canceled out by alleged sexual misconduct.

Is the most important thing about Martin Luther King Jr. the fact that he was a serial adulterer? Did King’s infidelities invalidate his life and struggle? Do the supposed defects of Assange and Manning negate what they did? Gibney would have us believe they do. Manning, in a just world, would be a witness for the prosecution of those who committed war crimes. Assange would be traveling around the United States collecting First Amendment awards.

The persecution of Manning and Assange is not an isolated act. It is part of a terrifying assault against our most important civil liberties and a free press. Manning and Assange are the canaries in the mineshaft. They did not seek to sell the documents that WikiLeaks published or to profit personally from their release. They are part of the final, desperate battle under way to stymie the security and surveillance state’s imposition of corporate totalitarianism. They and others who attempt to expose the crimes of the state—such as Jeremy Hammond, who admitted in a plea agreement last week that he had hacked into the private intelligence firm Stratfor and who faces up to 10 years in prison—will be ruthlessly persecuted. And the traditional media, which printed the secret cables provided by WikiLeaks and then callously abandoned Manning and Assange, will be next.

The Associated Press recently saw the state seize two months of its emails and phone logs, and the government has admitted seizing Fox News reporter James Rosen’s phone records. Half a dozen government whistle-blowers have been charged by the Obama administration under the Espionage Act. It is becoming harder and harder to peer into the inner workings of power. And once there are no Mannings or Assanges, once no one is willing to take risks to expose the crimes of empire, there will be no freedom of the press.

The fundamental conceit of “We Steal Secrets” is that Assange’s concern about the possibility of being arrested by U.S. authorities is a product of paranoia and self-delusion. The vast array of intergovernment forces—at least a dozen—dedicated to arresting Assange, extraditing him and destroying WikiLeaks is, Gibney would have us believe, fictional. I detailed these forces in “The Death of Truth.” The refusal to acknowledge the massive campaign against Assange is the most disturbing aspect of the film. There are numerous indications, including in leaked Stratfor emails, that a sealed indictment against Assange is in place. But Gibney refuses to buy it.

“Had the secret-leaker become the secret-keeper, more and more fond of mysteries?” Gibney asks in the film. “The biggest mystery of all was the role of the United States. Over two years after the first leak, no charges had been filed by the U.S. Assange claimed that the U.S. was biding its time, waiting for him to go to Sweden, but there was no proof.”

The sage-like figure in the film is former CIA Director Michael Hayden, who in 2001 lied when he told reporters that the National Security Council was not monitoring U.S citizens without court warrants from the Foreign Intelligence Surveillance Court. He represents, for Gibney, the voice of reason.

“You’ve got this scene, somebody evidently troubled by the scene—frankly, I’m not—but I can understand someone who’s troubled by that, and someone who wants the American people to know that, because the American people need to know what it is their government is doing for them,” Hayden says of the “Collateral Murder” video released by WikiLeaks that shows a U.S. helicopter shooting to death civilians, including two Reuters journalists, in an Iraqi street. “I actually share that view—when I was director of CIA there was some stuff we were doing I wanted all 300 million Americans to know. But I never figured out a way about informing a whole bunch of other people that didn’t have a right to that information who may actually use that image, or that fact or that data or that message, to harm my country.”

Adrian Lamo, who worked as an FBI informant, faking a friendship with Manning to sell him out, is given a perch in the film to wring his hands like Judas over how agonizing it was for him to turn in Manning. He did it, he assures us, to keep the country safe, although no one has ever been able to point to any loss of life caused by the leak of the secret documents.

“I care more about Bradley than many of his supporters do. … And I had to betray that trust for the sake of all of the people that he put in danger,” Lamo says tearfully. It is one of the most cloying moments in the movie.

Assange, by the end of the film, is the butt of open ridicule. Bill Keller, when he was executive editor of The New York Times, published material from WikiLeaks documents and then trashed Assange, calling him in a 2011 article “elusive, manipulative and volatile” as well as “arrogant, thin-skinned, conspiratorial and oddly credulous.” In the Gibney film, Keller adds to his condemnation of Assange by saying: “He looked like a bag lady coming in. Sort of like a dingy, khaki sports coat, old tennis shoes, with socks that were kind of collapsing around his ankles and he clearly hadn’t bathed in several days.”

Keller was one of the most ardent cheerleaders for the war in Iraq.

Two of Gibney’s previous films, “Enron: The Smartest Guys in the Room” and “Taxi to the Dark Side,” were masterful explorations into the black heart of empire. This time, Gibney was commissioned by Universal Studios—owned by Comcast—and paid to make a motion picture on WikiLeaks. He gave his corporate investors what they wanted.

WikiLeaks has published a line-by-line critique of the film’s transcript at  http://justice4assange.com/IMG/html/gibney-transcript.html.

Bill Maher: 2nd Amendment Is Not Under Attack, But All Your Other Rights Are

In Uncategorized on January 21, 2013 at 3:25 pm

https://i2.wp.com/static01.mediaite.com/med/wp-content/uploads/2013/01/bill2.jpegOldspeak: ” I don’t always agree with Bill Maher, but sometimes, he’s spot on. In his latest installment of  “New Rules” he drops science, touching on the absurdity of people freaking out about Obama taking away their guns (a myth and distraction), but having no such reaction to Big Brother style violation of privacy/civil rights via domestic surveillance programs like “Stellar Wind coupled with self-reporting via “social networks” (a.k.a. surveillance networks like Facebook, Yahoo, Google, Twitter, LinkedIN, Instagram, etc, etc, etc) , censorship and corporate governance via SOPA, ACTA & CISPA,  warrantless  search,  seizure & indefinite detention, NDAA, or Obama’s secret presidential assassination program known as “The Disposition Matrix”  “Ignorance Is Strength.” “Freedom Is Slavery.” The good stuff starts at 2:51

Politically Incorrect, “New Rules” 1/18/13
https://www.youtube.com/watch?v=TvjLc3PKTmE

By Josh Freeman @ Mediate:

In his final New Rule of the night, Bill Maher smacked down the conventional wisdom on the right that the Second Amendment is under attack from President Obama, saying that “America’s gun nuts” need to stop wetting their pants over it. But more importantly, Maher said that people are so very concerned about their right to own guns that they don’t notice and/or care that they have been stripped of their other rights.

Maher highlighted how the Senate quietly reauthorized the National Defense Authorization Act while everyone was so concerned about the fiscal cliff, and there wasn’t even a peep out of the “freedom” crowd. In fact, Maher said, people seem to be okay with government surveillance and warrantless wiretapping at this point.

Maher also railed against the “Facebook generation” that doesn’t care who knows their personal information, while he is adamant about not wanting the Feds to look at his web searches. He noted that the government always claims such programs are to “catch terrorist,” but the next thing you know they’re shutting down pot dispensaries.

Maher asked, “Does anyone care that this is the new normal?” He said that liberals outraged at George W. Bush for these programs have said nothing about Obama, because “the only thing that still has bipartisan support in Washington is not giving a shit about privacy.”

Maher circled back to the gun advocates, saying that they may have the guns, but they don’t have the rights that their guns are supposed to be protecting.

Obama Wins Right To Indefinitely Detain Americans Under National Defense Authorization Act

In Uncategorized on September 20, 2012 at 1:35 pm
US President Barack Obama. (AFP photo/Robyn Beck)

Oldspeak:”It is my view that this is why the government wants to reopen the NDAA — so it has a tool to round up would-be Islamic protesters before they can launch any protest, violent or otherwise. Right now there are no legal tools to arrest would-be protesters. The NDAA would give the government such power. Since the request to vacate the injunction only comes about on the day of the riots, and following the DHS bulletin, it seems to me that the two are connected. The government wants to reopen the NDAA injunction so that they can use it to block protests.” Yet another example of the “War On Terror” being used as pretext to deprive Americans of their rights to dissent, protest, and petition their government for grievances. All this after Obama expressing ‘serious reservations’ about signing this law, he’s now aggressively litigating to retain the constitutional rights violating provisions in it.   Newspeak par excellence is on display here : “The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” –Barack Obama. Silence in corporate media on this assault on Constitutional Rights. Meanwhile, untold numbers of men, many of them without charges or cause are being detained indefinitely, tortured, rendered, interrogated, silenced in untold numbers of secret and no so secret locations around the globe. “Serious reservations” did not prevent this man from continuing the relentless expansion of a global U.S. led totalitarian police state.  Left unsaid is the profoudly slippery slop this ruling leads us down. How long will it be before “Islamic Protestors” is replaced with “Occupy Wall Street Protestors”? “Political Protestors”?  “Immigrant Protestors”? “Union Protestors”? “Education Protestors”? “Environmental Protestors”? “Veteran Protestors”? ” ‘What-you’re-protesting-here Protestors”?  ”Freedom Is Slavery”, “Ignorance Is Strength”

By RT:

A lone appeals judge bowed down to the Obama administration late Monday and reauthorized the White House’s ability to indefinitely detain American citizens without charge or due process.

Last week, a federal judge ruled that a temporary injunction on section 1021 of the National Defense Authorization Act for Fiscal Year 2012 must be made permanent, essentially barring the White House from ever enforcing a clause in the NDAA that can let them put any US citizen behind bars indefinitely over mere allegations of terrorist associations. On Monday, the US Justice Department asked for an emergency stay on that order, and hours later US Court of Appeals for the Second Circuit Judge Raymond Lohier agreed to intervene and place a hold on the injunction.

The stay will remain in effect until at least September 28, when a three-judge appeals court panel is expected to begin addressing the issue.

On December 31, 2011, US President Barack Obama signed the NDAA into law, even though he insisted on accompanying that authorization with a statement explaining his hesitance to essentially eliminate habeas corpus for the American people.

“The fact that I support this bill as a whole does not mean I agree with everything in it,” President Obama wrote. “In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.”

A lawsuit against the administration was filed shortly thereafter on behalf of Pulitzer Prize-winning journalist Chris Hedges and others, and Judge Forrest agreed with them in district court last week after months of debate. With the stay issued on Monday night, however, that justice’s decision has been destroyed.

With only Judge Lohier’s single ruling on Monday, the federal government has been once again granted the go ahead to imprison any person “who was part of or substantially supported al-Qaeda, the Taliban or associated forces that are engaged in hostilities against the United States or its coalition partners” until a poorly defined deadline described as merely “the end of the hostilities.” The ruling comes despite Judge Forrest’s earlier decision that the NDAA fails to “pass constitutional muster” and that the legislation contained elements that had a “chilling impact on First Amendment rights”

Because alleged terrorists are so broadly defined as to include anyone with simple associations with enemy forces, some members of the press have feared that simply speaking with adversaries of the state can land them behind bars.

“First Amendment rights are guaranteed by the Constitution and cannot be legislated away,” Judge Forrest wrote last week. “This Court rejects the Government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.”

Bruce Afran, a co-counsel representing the plaintiffs in the case Hedges v Obama, said Monday that he suspects the White House has been relentless in this case because they are already employing the NDAA to imprison Americans, or plan to shortly.

“A Department of Homeland Security bulletin was issued Friday claiming that the riots [in the Middle East] are likely to come to the US and saying that DHS is looking for the Islamic leaders of these likely riots,” Afran told Hedges for a blogpost published this week. “It is my view that this is why the government wants to reopen the NDAA — so it has a tool to round up would-be Islamic protesters before they can launch any protest, violent or otherwise. Right now there are no legal tools to arrest would-be protesters. The NDAA would give the government such power. Since the request to vacate the injunction only comes about on the day of the riots, and following the DHS bulletin, it seems to me that the two are connected. The government wants to reopen the NDAA injunction so that they can use it to block protests.”

Within only hours of Afran’s statement being made public, demonstrators in New York City waged a day of protests in order to commemorate the one-year anniversary of the Occupy Wall Street movement. Although it is not believed that the NDAA was used to justify any arrests, more than 180 political protesters were detained by the NYPD over the course of the day’s actions. One week earlier, the results of a Freedom of Information Act request filed by the American Civil Liberties Union confirmed that the FBI has been monitoring Occupy protests in at least one instance, but the bureau would not give further details, citing that decision is “in the interest of national defense or foreign policy.”

Josh Gerstein, a reporter with Politico, reported on the stay late Monday and acknowledged that both Forrest and Lohier were appointed to the court by President Obama.

U.S. Judge Stikes Down Indefinite Detention Provision In National Defense Authorization Act; Obama Administration Appeals Decision

In Uncategorized on September 14, 2012 at 1:00 pm

Oldspeak:The NDAA included a clause which afforded the military the power to detain civilians — even Americans — indefinitely, without charge or trial, if they are accused of certain ‘anti-state crimes’ or are accused of “substantially supporting” those accused of said crimes or forces associated therewith.    If that sounds tortuous and nebulous it’s because it is:” –David Segal. This is great victory for journalists, political activists, dissidents, and scholars. No longer will Americans and civilians around the world be allowed to be “disappeared” for speaking out against the woefully anti-democratic U.S. Government and its cohorts worldwide. “

 

 

 

Related Story:

Obama To Authorize Indefinite Detention Of U.S. Citizens For First Time Since McCarthy Era

By Alexander Reed Kelly @ Truthdig:

A temporary stop on the U.S. military’s power to imprison anyone deemed to have “substantially supported” terrorist groups was made permanent on Wednesday when U.S. District Judge Katherine Forrest ruled that journalists could be snatched up under the law.

The ruling against a provision in the 2012 National Defense Authorization Act frustrates the government’s attempts to grant itself the ability to indefinitely detain anyone it could associate with terrorist activity, including domestic protesters.

Truthdig columnist Chris Hedges had sued the Obama administration over the provision, along with journalists, scholars and political activists Noam Chomsky, Daniel Ellsberg and Naomi Wolf. Judge Forrest placed a temporary injunction on the provision in Section 1021 of the law in May.

“This court does not disagree with the principle that the president has primacy in foreign affairs,” Forrest said in Wednesday’s ruling. But government arguments in favor of the provision were not convincing, she said.

“The government has not stated that such conduct—which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces”—does not fall within § 1021(b)(2).”

U.S. Judge’s Rule Protects Reporters, Activists In Their Middle East Work

By  Basil Katz @ Reuters:

A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law’s provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.

Wednesday’s 112-page opinion turns the temporary injunction of May into a permanent injunction. The United States appealed on August 6.

The permanent injunction prevents the U.S. government from enforcing a portion of Section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions.

The opinion stems from a January lawsuit filed by former New York Times war correspondent and Pulitzer Prize winner Chris Hedges and others. The plaintiffs said they had no assurance that their writing and advocacy activities would not fall under the scope of the provision.

Government attorneys argued that the executive branch is entitled to latitude when it comes to cases of national security and that the law is neither too broad nor overly vague.

“This court does not disagree with the principle that the president has primacy in foreign affairs,” the judge said, but that she was not convinced by government arguments.

“The government has not stated that such conduct – which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces” – does not fall within § 1021(b)(2).”

A spokeswoman for the Manhattan U.S. Attorney’s office, which represents the government in this case, declined to comment on the ruling.

The case is Hedges et al v. Obama et al, U.S. District Court for the Southern District of New York, No. 12-cv-331.

Judge Strikes Down Indefinite Detention: Tell Obama To Stop Supporting This Wretched Law

By David Segal @ The Daily Kos:

We just won the lawsuit against Obama et al over the indefinite detention provisions of the fiscal 2012 National Defense Authorization Act. These provisions represented a blatant violation of due process and First Amendment rights, and plaintiffs argued that they were already having a chilling effect on journalists and activists.

The NDAA included a clause which afforded the military the power to detain civilians — even Americans — indefinitely, without charge or trial, if they are accused of certain anti-state crimes or are accused of “substantially supporting” those accused of said crimes or forces associated therewith.    If that sounds tortuous and nebulous it’s because it is: What the heck does “substantially support” or “associated force” even mean?

You can urge Obama not to appeal the ruling by clicking here.

In a sweeping 112-page ruling (which I’ve not yet read in full) Judge Katherine Forrest issued a permanent injunction against the use of such powers.  Here’s Reuters:

A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law’s provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.

Plaintiffs include Chris Hedges, Noam Chomsky, Daniel Ellsberg, Tangerine Bolen, and others; Demand Progress and RevolutionTruth members have raised more than $20,000 to support the lawsuit and used it to pressure lawmakers to revoke the provions in question.  We lost a relatively narrow vote in the House a few months ago, and the Senate will take up amendments to end indefinite detention in coming weeks.

We’re hoping the Senate will actually take this finding of unconstitutionality to heart and explicitly revoke the codification of the indefinite detention authority when the NDAA gets a vote in coming weeks.

This ruling required great fortitude on the part of Judge Forrest: She was appointed by Obama just last year.  After initially expressing concerns about the provisions in question — because they infringed on certain executive power, not because of all of the reasons above — Obama has consistently supported and defended them.  He signed them into law under cloak of darkness on New Year’s Eve and has aggressively defended them in court.

This’ll probably get appealed all the way up to the Supreme Court — but you can click here to urge Obama to stop protecting this awful law.

Internet Censorship Bills Up For Vote Dec 5th – “Stop Online Piracy Act” & “Protect IP” Garner Enthusiastic Bi-Partisan Support In Congress

In Uncategorized on November 30, 2011 at 10:53 am

Oldspeak:“If there’s one thing this latest do-nothing Congress does well it’s draft bills to take things away from you. On the heels of a bill to indefinitely detain Americans without cause or charge , we have a bill that won’t do what it’s supposed to do, (fight piracy), but will put American internet censorship at the same level it is in CHINA. ‘Any holder of intellectual property rights could simply send a letter to ad network operators like Google and to payment processors like MasterCard, Visa, and PayPal, demanding these companies cut off access to any site the IP holder names as an infringer.’-Mike MasnickYou can be found “dedicated to the theft of US property” if the core functionality of your site “enables or facilitates” infringement. The core functionality of nearly EVERY internet website that involves user generated content enables and facilitates infringement. THE ENTIRE INTERNET ITSELF ENABLES OR FACILITATES INFRINGMENT.’-Joan McCarter Under the oft used guise of “security”, media corporations; ‘intellectual property’ owners like Viacom, Universal, Paramount, and Monster Cable will get to compile lists of “rogue sites” “dedicated to infringement”, to be targeted for shutdown,  while providing no substantive evidence of infringement. In reality, the goal is to stifle free speech and competition. Censorship. As American as apple pie.

Related Video:

Wyden Call To Arms — Ask Him To Read Your Name During Filibuster Of SOPA/PIPA Censorship Bills

By Joan McCarter @ The Daily Kos:

Because forcing austerity on the nation isn’t enough to keep Congress occupied and off the streets, they’re also plotting against the internet with SOPA, the Stop Online Piracy Act in the House, and PROTECT IP in the Senate (BANANAS alert if you click that link). In a generally deadlocked body, this one seems to be on the fast track, potentially coming up for a vote in the Senate as soon as Dec. 5.

ArsTechnica provides the background.

Imagine a world in which any intellectual property holder can, without ever appearing before a judge or setting foot in a courtroom, shut down any website’s online advertising programs and block access to credit card payments. The credit card processors and the advertising networks would be required to take quick action against the named website; only the filing of a “counter notification” by the website could get service restored.It’s the world envisioned by Rep. Lamar Smith (R-TX) in today’s introduction of the Stop Online Piracy Act in the US House of Representatives. This isn’t some off-the-wall piece of legislation with no chance of passing, either; it’s the House equivalent to the Senate’s PROTECT IP Act, which would officially bring Internet censorship to the US as a matter of law.

Calling its plan a “market-based system to protect US customers and prevent US funding of sites dedicated to theft of US property,” the new bill gives broad powers to private actors. Any holder of intellectual property rights could simply send a letter to ad network operators like Google and to payment processors like MasterCard, Visa, and PayPal, demanding these companies cut off access to any site the IP holder names as an infringer.

If that sounds a little alarmist, it isn’t. Mike Masnick at Techdirt, in the “definitive post on why SOPA and Protect IP are bad, bad ideas” walks through the extensive list of problems with the bills.

The real fear is the massive collateral damage these bills will have to jobs, the economy and innovation.

  • The broad definitions in the bill create tremendous uncertainty for nearly every site online.  This sounds like hyperbole, but it is not.  Defenders of the bill like to claim that it is “narrowly focused” on foreign rogue infringing sites.  Nothing could be further from the truth.  While PIPA targets only foreign sites, the mechanism by which it does so is to put tremendous compliance and liability on third party service providers in the US.  SOPA goes even further in expanding the private right of action to domestic sites as well.  We’ve already seen how such laws can be abused by looking at how frequently false takedown claims are made under the existing DMCA.  Of course, under the DMCA, just the content is blocked.  Under SOPA all money to a site can be cut off.  Under PIPA sites will just end up in court. Or, with both laws, an Attorney General can take action leading US companies to have to effectively act as network nannies trying to keep infringement from being accessible.  None of this is good for anyone building a startup company these days. […] And the definitions are ridiculously broad. Under SOPA, you can be found “dedicated to the theft of US property” if the core functionality of your site “enables or facilitates” infringement. The core functionality of nearly every internet website that involves user generated content enables and facilitates infringement. The entire internet itself enables or facilitates infringement. Email enables or facilitates infringement. […]
  • The risk of these broad definitions on perfectly legitimate companies is not theoretical: Defenders of both bills continue to insist that they’re only meant to deal with the worst of the worst.  If that were really true, the definitions would be a lot tighter and a lot more specific.  Even if this is the intention of the authors of both bills, the simple fact is that the very broad definitions in the bill, mean that any entrepreneur today will need to take significant compliance costs just to avoid the possible appearance of fitting the criteria. […]
  • The risk of these broad definitions on perfectly legitimate companies is not theoretical: Defenders of both bills continue to insist that they’re only meant to deal with the worst of the worst.  If that were really true, the definitions would be a lot tighter and a lot more specific.  Even if this is the intention of the authors of both bills, the simple fact is that the very broad definitions in the bill, mean that any entrepreneur today will need to take significant compliance costs just to avoid the possible appearance of fitting the criteria. […]
  • That uncertainty has extreme and quantifiable effects on investment in new startups.  A very detailed look at the uncertainty in the cloud computing space, prior to and after the decision in the Comedy Central v. Cablevision case, which effectively set the framework for the legality of cloud computing, showedmuch greater investment when the law was clarified to be in favor of letting these new services thrive.  Take that away, and investment in this engine of growth likely would be much lower. […]
  • Broadly expanding secondary liability is a dream for trial lawyers, but will be a disaster for business.  There’s been a move, associated with these bills to somehow demonize important concepts of safe harbors from secondary liability.  The suggestion is that secondary liability somehow “allows” bad activity.  Nothing is further from the truth.  Illegal activity is still illegal.  The point of safe harbors from secondary liability is blaming the party actually doing the action that breaks the law. […]
  • Going down the slippery slope of censorship is fraught with peril, both domestically and abroad.  Supporters of the law get angry any time people bring up censorship, but as law professor Derek Bambauer has made clear, any effort to block content is a form of censorship. […]

That’s just a handful of the problems with these bills Masnick highlights. It’s worth the read and worth taking the time to find out about this legislation, again because it seems to be action Congress is intent upon taking. Sen. Ron Wyden (D-OR) will filibuster the bill if it comes to the Senate floor, and will do it the old-fashioned way. He’ll read the names of censorship opponents from the floor of the Senate, from the list of people who sign the petition at http://stopcensorship.org/. Here he is talking about his efforts:

It’s possible that with enough support for the filibuster, leadership gives up on bringing this to the floor in the near future. After all, they’ve got an awful lot to get through between now and Christmas and if Wyden can find several senators to support him, they can threaten to tie things in the Senate up enough that the vote has to be postponed. That, along with Microsoft’s opposition to it, might just do the trick.