Not open government

I decided to see how hard it would be to determine what information Homeland Security has gathered about me. I went to the Homeland Security Website and wrote an email to Homeland Security (foia@dhs.gov). Here is my email request:

January 23, 2011 Catherine M. Papoi Deputy Chief FOIA Officer Director, Disclosure & FOIA The Privacy Office 245 Murray Drive, S.W. STOP-0550 Washington, DC 20528-0550 FOIA REQUEST Dear FOIA Officer: Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of All records dated on or after January 1, 2006 concerning "Erich Vincent Vieth" in your possession. I would like to receive the information in electronic format. (CD-ROM.) I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $150. However, please notify me prior to your incurring any expenses in excess of that amount. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. As I am making this request as an author and this information is of timely value, I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request. I look forward to your reply within 20 business days, as the statute requires.[caption id="attachment_16372" align="alignright" width="300" caption="Image by Ssuaphoto at dreamstime (with permission)"][/caption] Thank you for your assistance. Sincerely, Erich Vieth
Now all I needed to do was sit back and wait for the federal government to disclose to me all of my emails that they've been reading and all of my phone calls that they've been listening to. We'll, actually, instead of getting information, I got a major league dose of bureaucratese. Here's the paper letter I received instead of real information. I've interspersed comments below in red and in brackets: [More . . . ]

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The Hellhound and HeLa: Recent American Historical Writing At Its Best

The last really good history I read was "Hellhound On His Trail, " which follows James Earl Ray's path from his childhood in Alton, Illinois through a violent intersection with the life of Dr. Martin Luther King, Jr., and continues to follow Ray's trajectory with his quizzical recantations of his "life's purpose." With the same cool hand, Sides sketches the strengths and inadequacies of Dr. King's inner circle and paints larger atmospheric strokes with newspaper headlines on the increasing violence in response to desegregation and the influence of war in Vietnam on national sentiment about federal involvement in heretofore state affairs. By themselves, vignettes about Ray's lackluster career as a petty criminal, his stunted attempts at artistic grandeur and addiction to prostitutes would simply depress the reader. Here, the intentional failures and manipulations of Hoover's FBI and first-hand accounts of Ray's behavior appear like birds descending on a tragic town, flickering across the broader canvas creating momentum and dread. Awful as the true subject of this thriller may be, I found myself disappointed to reach the end.

Continue ReadingThe Hellhound and HeLa: Recent American Historical Writing At Its Best

Welcome back to the United States. Give me your laptop and your passwords.

Glenn Greenwald has written about the federal government's common practice of seizing laptops and smartphones of American citizens who are re-entering the United States and reviewing their private data. Amazingly, our government is seizing this personal data without probable cause and even without reasonable suspicion:

When you really think about it, it's simply inconceivable that the U.S. Government gets away with doing this. Seizing someone's laptop, digging through it, recording it all, storing the data somewhere, and then distributing it to various agencies is about the most invasive, privacy-destroying measure imaginable. A laptop and its equivalents reveal whom you talk to, what you say, what you read, what you write, what you view, what you think, and virtually everything else about your life. It can -- and often does -- contain not only the most private and intimate information about you, but also information which the government is legally barred from accessing (attorney/client or clergy/penitent communications, private medical and psychiatric information and the like). But these border seizures result in all of that being limitlessly invaded. This is infinitely more invasive than the TSA patdowns that caused so much controversy just two months ago.
But how often are these e-strip searches occurring?
[T]his is happening to far more than people associated with WikiLeaks. As a result of writing about this, I've spoken with several writers, filmmakers, and activists who are critics of the government and who have been subjected to similar seizures -- some every time they re-enter the country.
But this is the tip of the iceberg:
A FOIA request from the ACLU revealed that in the 18-month period beginning October 1, 2008, more than 6,600 people -- roughly half of whom are American citizens -- were subjected to electronic device searches at the border by DHS, all without a search warrant.
I highly recommend reading Greenwald's detailed article for the reaction to this practice by a smattering of members of Congress and by a few court decisions. The sad bottom line is that there is no political momentum to condemn and bar this practice, even in the context of ubiquitous rhetoric regarding the need to limit the power of the federal government.

Continue ReadingWelcome back to the United States. Give me your laptop and your passwords.

Substitute NYT for Wikileaks and substitute Iran for the United States

Wikileaks continues to be punished for being one of the few organizations brash enough to inform us what our governments are really doing and why. This is intolerable, of course, because the U.S. government is being run by big corporations and wealthy people who, for the most part, are driven by greed--so sorry to break this to the kids who are studying civics in grade school, where they don't tell you about armies of lobbyists, and they don't tell you that the banks own Congress. The true powers that be are running the federal government in secret and they are, regrettably, running it into the ground. That's what one should expect when there is no sunshine to keep powerful people accountable. What we have is a needlessly warmongering, debt-ridden secret and personally invasive brave new government.   I truly wish I didn't believe these things. Consider that our government first attacked Wikileaks by starving it financially, despite the lack of any charges filed against it. They did this by harassing Amazon and various financial organizations to make sure that Wikileaks had no funds to fight in Round II, which is underway. We now know that there are secret subpoenas being issued by the US, and thank goodness that Twitter had the decency to inform its users that their privacy is being invaded, unlike the big U.S. telecoms, who have a long documented track record for turning over our private information without informing us (encouraged very much by President Obama's agreement to grant them retroactive immunity for past invasions of our privacy.  Julian Assange sums up the current grand jury proceedings like this, and we know of this only because the U.K. Guardian has continually refused to be the lapdog of the U.S.:

The emergence of the Twitter subpoena – which was unsealed after a legal challenge by the company – was revealed after WikiLeaks announced it believed other US Internet companies had also been ordered to hand over information about its members' activities. WikiLeaks condemned the court order, saying it amounted to harassment. "If the Iranian government was to attempt to coercively obtain this information from journalists and activists of foreign nations, human rights groups around the world would speak out," Assange said in a statement.
Glenn Greenwald comments further:
It's worth recalling -- and I hope journalists writing about this story remind themselves -- that all of this extraordinary probing and "criminal" investigating is stemming from WikiLeaks' doing nothing more than publishing classified information showing what the U.S. Government is doing: something investigative journalists, by definition, do all the time. And the key question now is this: did other Internet and social network companies (Google, Facebook, etc.) receive similar Orders and then quietly comply? It's difficult to imagine why the DOJ would want information only from Twitter; if anything, given the limited information it has about users, Twitter would seem one of the least fruitful avenues to pursue. But if other companies did receive and quietly comply with these orders, it will be a long time before we know, if we ever do, given the prohibition in these orders on disclosing even its existence to anyone. UPDATE III: Iceland's Interior Minister, Ögmundur Jónasson, described the DOJ's efforts to obtain the Twitter information of a member of that country's Parliament as "grave and odd." While suggesting some criticisms of WikiLeaks, he added: "if we manage to make government transparent and give all of us some insight into what is happening in countries involved in warfare it can only be for the good."

Continue ReadingSubstitute NYT for Wikileaks and substitute Iran for the United States

Beware Little Brother

Paranoia waxes and wanes in this country, but let's set aside the propensity for some media personalities of late to fan the "they're out to get you" flames. Even with the ubiquitous presence of Youtube videos from cell phone cameras and more heightening the sensitivity of everyone not a celebrity to the truth that someone is always watching, I'll submit that few are aware of this surreptitious encroachment on our privacy... Eva Galperin, at the Electronic Frontier Foundation writes in a commentary entitled "What is Traitorware?":

Your digital camera may embed metadata into photographs with the camera's serial number or your location. Your printer may be incorporating a secret code on every page it prints which could be used to identify the printer and potentially the person who used it. If Apple puts a particularly creepy patent it has recently applied for into use, you can look forward to a day when your iPhone may record your voice, take a picture of your location, record your heartbeat, and send that information back to the mothership.
I am a dinosaur when it comes to coding. I used to be able to reverse engineer programs to figure out how they worked - for fun or to learn a neat method, not for malicious purposes; it's like taking apart a laser pointer or a DVD player...just a curiosity. But today's software and hardware have too many hooks into other libraries, chips and Skynets. I have an iPhone to which I accede an agreement to 47+ pages of terms in order to use the only resource for loading applications (that would be the ever frustratingly inept coding known as iTunes) unless I want to jailbreak it. Uh, not today. And for that, plus my microwave, camera, and who knows what else, I yield my privacy.

Continue ReadingBeware Little Brother