4th Amendment reminder

Congress insists that the massive, invasive, unprecedented spying that they have authorized the government to perform is legal and necessary to stop terrorists. I didn't notice any exceptions written into the Bill of Rights that nullify the rights in cases of terrorism . . .

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Obama then, Obama now. Media then, media now.

Candidate Obama, 2008:

"My job this morning is to be so persuasive...that a light will shine through that window, a beam of light will come down upon you, you will experience an epiphany, and you will suddenly realize that you must go to the polls and vote for Barack," he told a crowd of about 300 Ivy Leaguers--and, by the looks of it, a handful of locals who managed to gain access to what was supposed to be a students-only event.

Continue ReadingObama then, Obama now. Media then, media now.

EFF: Congress Disgracefully Approves the FISA Warrantless Spying Bill for Five More Years

I'm reprinting the following, with permission, from the site of the Electronic Frontier Foundation:

Congress Disgracefully Approves the FISA Warrantless Spying Bill for Five More Years, Rejects All Privacy Amendments

Today, after just one day of rushed debate, the Senate shamefully voted on a five-year extension to the FISA Amendments Act, an unconsitutional law that openly allows for warrantless surveillance of Americans' overseas communications.

Incredibly, the Senate rejected all the proposed amendments that would have brought a modicum of transparency and oversight to the government's activities, despite previous refusals by the Executive branch to even estimate how many Americans are surveilled by this program or reveal critical secret court rulings interpreting it.

The common-sense amendments the Senate hastily rejected were modest in scope and written with the utmost deference to national security concerns. The Senate had months to consider them, but waited until four days before the law was to expire to bring them to the floor, and then used the contrived time crunch to stifle any chances of them passing.

Sen. Ron Wyden's amendment would not have taken away any of the NSA's powers, it just would have forced intelligence agencies to send Congress a report every year detailing how their surveillance was affecting ordinary Americans. Yet Congress voted to be purposely kept in the dark about a general estimate of how many Americans have been spied on.

You can watch Sen. Ron Wyden's entire, riveting floor speech on the privacy dangers and lack of oversight in the FISA Amendments Act here.

Sen. Jeff Merkley's amendment would have encouraged (not even forced!) the Attorney General to declassify portions of secret FISA court opinions—or just release summaries of them if they were too sensitive. This is something the administration itself promised to do three years ago. We know—because the government has admitted—that at least one of those opinions concluded the government had violated the Constitution. Yet Congress also voted to keep this potentially critical interpretation of a public law a secret.

Tellingly, Sen. Rand Paul's "Fourth Amendment Protection Act," which would have affirmed Americans' emails are protected from unwarranted search and seizures (just like physical letters and phone calls), was voted down by the Senate in a landslide.

The final vote for re-authorizing five more years of the FISA Amendments Act and secretive domestic spying was 73-23. Our thanks goes out to the twenty-three brave Senators who stood up for Americans' constitutional rights yesterday. If only we had more like them.

Of course, the fight against illegal and unconsitutional warrantless wiretapping is far from over. Since neither the President, who once campaigned on a return to rule of law on surveillance of Americans, nor the Congress, which has proven to be the enabler-in-chief of the Executive's overreach, have been willing to protect the privacy of Americans in their digital papers, all eyes should now turn to the Courts.

EFF was just in federal court in San Francisco two weeks ago, challenging the NSA's untargeted dragnet warrantless surveillance program. And the Supreme Court will soon rule whether the ACLU's constitutional challenge to the "targeted" portions of the FISA Amendments Act can go forward.

But make no mistake: this vote was nothing less than abdication by Congress of its role as watchdog over Executive power, and a failure of its independent obligation to protect the Bill of Rights. The FISA Amendments Act and the ongoing warrantless spying on Americans has been, and will continue to be, a blight on our nation and our Constitution.

If you decide to view the speech of Senator Ron Wyden (D-OR), be sure to listen to the portion starting at min 38, where you can see that national intelligence authorities have been completely stifling even the reasonable requests of U.S. Senators regarding the numbers of communications of innocent American that have been intercepted.

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Electronic Frontier Foundation explains how the government looks at private email

Using the example of General Petraeus, the Electronic Frontier Foundation explains how the federal government looks at private email. What can be done about these abuses?

[The Electronic Communications Privacy Act (ECPA (1986)] is hopelessly out of date, and fails to provide the protections we need in a modern era. Your email privacy should be simple: it should receive the same protection the Fourth Amendment provides for your home. So why hasn’t Congress done anything to update the law? They’ve tried a few times but the bills haven’t gone anywhere. That's why [Electronic Frontier Foundation] members across the country are joining with other advocacy groups in calling for reform. This week, we’re proud to launch a new campaign page to advocate for ECPA reform.

Continue ReadingElectronic Frontier Foundation explains how the government looks at private email