The Fourth Amendment continues to whither

Have you ever heard of the "Internet Pornographers Act of 2011"? Until today, I hadn't either. Here's what this proposed law provides, according to Conor Friedersdorf of The Atlantic:

[U]nder language approved 19 to 10 by a House committee, the firm that sells you Internet access would be required to track all of your Internet activity and save it for 18 months, along with your name, the address where you live, your bank account numbers, your credit card numbers, and IP addresses you've been assigned . . . As written, The Protecting Children from Internet Pornographers Act of 2011 doesn't require that someone be under investigation on child pornography charges in order for police to access their Internet history -- being suspected of any crime is enough.
No probable cause is even required. It's Big Brothers' dream come true. Now we'll watch to see whether any Congressional representative who has the willingness to oppose this bill because it violates civil liberties will be accused of approving of child pornography. That is the kind of argument that one might expect in the modern-day Congress.

Continue ReadingThe Fourth Amendment continues to whither

Daniel Ellsberg looks back and forward

Interesting interview of Daniel Ellsberg appearing in a PBS Series titled POV. This quote's a gem:

In this interview, Ellsberg says, "Richard Nixon, if he were alive today, would feel vindicated that all the crimes he committed against me–which forced his resignation facing impeachment–are now legal. " (Thanks to the Patriot Act and other laws passed in recent years.) And he says all presidents since Nixon have violated the constitution, most recently President Obama, with the bombing of Libya.

Continue ReadingDaniel Ellsberg looks back and forward

United States Citizen Consent Form and Survey

I suspect that only a smallish minority of people deeply care about the many dramatic political and legal changes that have been occurring in the United States over the past ten years. Just to make sure, though, I have created a United States Citizen Consent Form and Survey, and I would like to propose that it be distributed to all U.S. citizens and they be compelled to fill it out by federal mandate.

Maybe the results will substantiate my fears that I am an outsider living in what used to be my own country.

Continue ReadingUnited States Citizen Consent Form and Survey

Barack Obama: The Surveillance President

Glenn Greenwald points to three extraordinary events this week that earn Barack Obama the title of Surveillance President. These events dovetail with the President's previous conduct aimed at furthering government secrecy at the expense of an informed citizenry. These events also need to be seen in the context of Obama's War on whistleblowers, as reported by Jane Mayer of The New Yorker.  "[T]he Obama Administration has pursued leak prosecutions with a surprising relentlessness. . . . [I]t has been using the Espionage Act to press criminal charges in five alleged instances of national-security leaks—more such prosecutions than have occurred in all previous Administrations combined."  But that is just the beginning.  Here's one more excerpt from The New Yorker:

Jack Balkin, a liberal law professor at Yale, agrees that the increase in leak prosecutions is part of a larger transformation. “We are witnessing the bipartisan normalization and legitimization of a national-surveillance state,” he says. In his view, zealous leak prosecutions are consonant with other political shifts since 9/11: the emergence of a vast new security bureaucracy, in which at least two and a half million people hold confidential, secret, or top-secret clearances; huge expenditures on electronic monitoring, along with a reinterpretation of the law in order to sanction it; and corporate partnerships with the government that have transformed the counterterrorism industry into a powerful lobbying force. Obama, Balkin says, has “systematically adopted policies consistent with the second term of the Bush Administration.”

[caption id="attachment_18134" align="alignright" width="300" caption="Image by Kgtoh at Dreamstime (with permission)"][/caption] But back to the three recent events: 1. Top congressional leaders agreed Thursday to a four-year extension of the Patriot Act; 2. The Obama administration is seeking to make it easier for the FBI to compel companies to turn over records of an individual's Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation; and 3. The nonprofit Electronic Frontier Foundation alleges in a lawsuit filed Thursday that the Justice Department's Office of Legal Counsel violated federal open-records laws by refusing to release its legal opinion that concludes that the FBI may obtain telephone records of international calls made from the U.S. without any formal legal process, a watchdog group asserts. Welcome to the United States of Surveillance.

Continue ReadingBarack Obama: The Surveillance President

Political boundaries

On my way home tonight, I listened to NPR’s Andrea Seabrook talk about “Politicians And Their Wives: What's Fair Game?” I recalled a political science class from the early 1980s and a professor who was examining the dignity of the office of Presidency…and how it was eroding. He related how when FDR got out of a vehicle, the media would turn their heads, examine their nails, look up at the birds, point their cameras away until he got in his chair and covered his legs. Regardless of the words, accusations, criticisms in print, the visual privacy – and dignity - was preserved. I also recalled the (comical to me at the time) formal morning coat of the 1981 inauguration, as Reagan wanted to restore the dignity that supposedly was lost when Carter walked the parade route and had a “People’s Inauguration.” I imagine the professor mentioned above would have been appalled at the television coverage of Reagan’s colon polyps a few years later and probably outraged at the media of today. So what changed? [More . . . ]

Continue ReadingPolitical boundaries