US claims it is illegal to challenge illegal spy statute in court

We are definitely living in Orwellian times, based on the following article from the Electronic Frontier Foundation, which I am reprinting in its entirety (it is licensed by Creative Commons): EFF Challenges National Security Letter Statute in Landmark Lawsuit Since the first national security letter statute was passed in 1986, the FBI has issued hundreds of thousands of such letters seeking private telecommunications and financial records of Americans without any prior approval from courts. Indeed, for the period between 2003 and 2006 alone, almost 200,000 requests for private customer information were sought pursuant to various NSL statutes. Prior to 2011, the constitutionality of this legal authority to investigate the records of Americans without court oversight had been challenged in court -- as far as we know -- exactly one time. EFF is today releasing FBI-redacted briefing from a major new ongoing case in which it is challenging one of the NSL statutes on behalf of a telecommunications company that received an NSL in 2011. Not only does this briefing show that the Department of Justice continues to strongly protect the FBI's NSL authority, it highlights a startlingly aggressive new tactic used by the Department of Justice: suing NSL recipients who challenge the FBI's authority, arguing that court challenges to such authority themselves amount to breaking the law. National security letter statutes -- five in all -- are controversial laws that allow the FBI to easily bypass courts and issue administrative letters on their own authority to telecommunications companies and financial institutions demanding information about their customers. The NSL statutes permit the FBI to permanently gag service providers from revealing the fact that the demand was made, preventing them from notifying either their customers or the public. While the statute has many deficiencies, one of the core constitutional issues (already recognized by one federal appeals court) is that it turns the First Amendment's procedural prior restraint doctrine on its head by allowing the FBI to issue a never-ending prior restraint on its own, then requiring the recipient service provider to undertake a legal challenge. Another fundamental problem with the NSL statutes is that courts are all but written out of any part of the process: the FBI can issue demands for records and gag provisions without court authorization, and recipient telecommunications and financial companies have no way to determine whether and how the government might be overreaching or otherwise abusing its authority. Not surprisingly, given these significant structural barriers, legal challenges are extraordinarily rare. EFF brought its challenge on behalf of its client in May of 2011, raising these and other fundamental due process and First Amendment concerns about the structure of these problematic statutes. In response, the Department of Justice promptly filed a civil complaint against the recipient, alleging that by "stat[ing] its objection to compliance with the provisions of" the NSL by "exercis[ing] its rights under" the NSL statute to challenge the NSL's legality, the recipient was "interfer[ing] with the United States' vindication of its sovereign interests in law enforcement, counterintelligence, and protecting national security." While it ultimately agreed to a stay, temporarily suspending its suit against the recipient, the government has moved to compel disclosure of the subscriber information and to uphold the gag. The petition to set aside the NSL is currently pending before the United States District Court for the Northern District of California. Whether the recipient will be permitted to speak out about its specific experiences -- and whether the FBI will be permitted to issue NSLs, at least in one district -- should soon be known.

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Why you should be concerned about America’s surveillance state, even if you aren’t committing crimes

Glenn Greenwald has talked with many people who tell him that they haven't done anything wrong, so why should they be concerned about America's surveillance state? Here are the reasons: Those who wish to organize should have the right to do so away from the targets of the organization. If the government is listening in, this makes any type of activism "extremely difficult." It is exclusively in the private realm that creativity, dissent and challenges to orthodoxy. Only when you know that you can explore "without external judgment where you can experiment" and "create new paths." Psychological experiments verify this need for privacy; without it, people speak more stiffly. When you assume that you are being watched, your speech will be chilled and you will be encouraged to act in a conformist way. Third, surveillance creates a "pervasive climate of fear." It makes people afraid to speak candidly and meaningfully to other people in their same community. Greenwald (who admits that he has 11 dogs) draw on a dog example. Even when a fence is taken down, dogs are hesitant to go into a previously fenced-off area. The most insidious part of the surveillance state is that those who are being monitored are easily convinced that their limits, their conformity, is liberty and freedom. What can be done about this situation in the United States. There are things you can do to remove yourself from the "surveillance matrix." Some people have limited their economic interactions to cash transactions. There are way to communicate on the Internet that maintain anonymity (e.g., The Tor Project). It is important to educate yourself and others "beyond the prying eye of the United States government. For instance, you can educate yourself as to your rights when you have direct interactions with government officials; sources include Center for Constitutional Rights, National Coalition to Protect Civil Freedoms and the ACLU. To this list, I would add the Electronic Frontier Foundation. Forcible radical transparency is a way to take the offensive. That is why Greenwald (and I) support Wikileaks and Anonymous. Greenwald states, "I want walls to be blown in the wall of secrecy."

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The Surveillance State marches on under Barack Obama

I voted for Obama, but I am compelled to speak up with he pushes the same insane policies as bush when it comes to spying on Americans. He continues to act against our allegedly-treasured Constitution as he continues to expand America's surveillance State. Glenn Greenwald sum up the situation: "The continuously expanding Surveillance State in the United States is easily one of the most consequential and under-discussed political developments. And few are doing more to ensure it continues than top-level Obama national security officials." Amy Goodman discussed recent developments in Congress with William Binney, who served in the National Security Agency for nearly 40 years, including a stint as technical director of its World Geopolitical and Military Analysis Reporting Group. Since retiring from the NSA in 2001, Binney has warned that the NSA’s data mining program has become so vast that it could "create an Orwellian state." Here is the immediate problem:

The Senate is closer to renewing controversial measures that critics say would allow the emails and phone calls of U.S. citizens to be monitored without a warrant. The Select Committee on Intelligence has voted to extend controversial amendments to the Foreign Intelligence Surveillance Act that were set to expire at the end of this year.
Here is William Binney's reaction:
Well, in my mind, this is a continuation in the mindless legislation that our Congress has been putting out, just to justify what they’ve been doing for a decade or more. Instead of trying to use discipline and living up to their oath of office to defend the Constitution, they’ve decided to violate the civil liberties and the rights of all U.S. citizens. And that’s what—that’s what’s going on here. That’s what PATRIOT Act Section 215 is about. That’s what they’ve been doing. And what’s happening is they’re destroying the strength of this nation, which is the freedom and liberties that the citizens have to do things . . . [O]ne of the primary reasons I left NSA. I mean, we were collecting data on virtually every U.S. citizen in the country. And so, I couldn’t—I couldn’t participate in that. I couldn’t be an accessory to subversion of the Constitution and subverting the constitutional rights of every U.S. citizen. So I had to go. And that’s the reason I left. But like I say, I left a system, that they used that system that I built to target U.S. citizens. But when I left it there, I had built in protections, but it meant that, for them, they could not use my system that way and target U.S. citizens, so they had to remove the protections to make that possible.

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Inventing terrorists

America's alleged "protectors" are costing us an enormous amount of money. So much so, that a majority of Americans are willing to cut the "Defense" budget. Uh oh. Those good guys better go find and prosecute some of those alleged bad guys trying to destroy America. But what if those bad guys are too rare, or two hard to find? Rolling Stone's Rick Perstein makes it clear that if you can't find real bad guys, the next best thing would be to create them:

Then, the night before the May Day Occupy protests, they allegedly put the plan into motion – and just as the would-be terrorists fiddled with the detonator they hoped would blow to smithereens a scenic bridge in Ohio’s Cuyahoga Valley National Park traversed by 13,610 vehicles every day, the FBI swooped in to arrest them. Right in the nick of time, just like in the movies. The authorities couldn’t have more effectively made the Occupy movement look like a danger to the republic if they had scripted it. Maybe that's because, more or less, they did. The guy who convinced the plotters to blow up a big bridge, led them to the arms merchant, and drove the team to the bomb site was an FBI informant. The merchant was an FBI agent. The bomb, of course, was a dud. And the arrest was part of a pattern of entrapment by federal law enforcement since September 11, 2001, not of terrorist suspects, but of young men federal agents have had to talk into embracing violence in the first place. . . . In all these law enforcement schemes the alleged terrorists masterminds end up seeming, when the full story comes out, unable to terrorize their way out of a paper bag without law enforcement tutelage
. Complementing America's elite entrapment teams are America spying teams. The following passage is from Rachel Maddow's new book, Drift: the Unmooring of American Military Power:
The spy boom has been a beautiful windfall for architects, construction companies, IT specialists, and above all defense contractors, enriching thousands of private companies and dozens of local economies hugging the Capital Beltway. All those SCIFs and the rest of the government-contractor gravy train have made suburban Washington, DC, home to six of the ten wealthiest counties in America. Falls Church, Loudoun County, and Fairfax County in Virginia are one, two, and three. Goodbye, Nassau County, New York. Take that, Oyster Bay. The crown jewel of this sprawling intelligopolis is Liberty Crossing, in the Virginia suburbs of Washington—an 850,000-square-foot (and growing) complex that houses the National Counterterrorism Center. The agency was created and funded in 2004 because, despite spending $30 billion on intelligence before 9/11, the various spy agencies in our country did not talk to one another. So the $30 billion annual intelligence budget was boosted by 250 percent, and with that increase we built ourselves a clean, well-lighted edifice, concealed by GPS jammers and reflective windows, where intelligence collected by 1,271 government agencies and 1,931 private companies under government contract is supposedly coordinated.
At least there will be plenty of domestic drones to keep an eye on those protesters, as reported by Tim Watts of The Intel Hub:
Did you know that a bill, HR 658, the FAA Air Transportation Modernization and Safety Improvement Act, has just passed both the House and the Senate that authorizes the use of 30,000 spy drones over America? Like the anti-Posse Comitatus NDAA legislation that passed in November, this bill was not widely reported by the mainstream media. Do not feel bad for not knowing about this, because, similar to the anti-Constitutional NDAA legislation, they purposefully tried to hide this from the American public. The corporate controlled mainstream media was once again complicit and was an integral accessory in this crime against “We the People.” The corporate mainstream media failed us all miserably once again. Think about the enormity of this for a second… 30-THOUSAND drones flying overhead surveilling the US. If you divide that by 50 states, that is 600 drones per state!
I think that Rachel and Tim are getting a bit carried away, of course because this huge mushrooming industry is an antidote to the unemployment problem. We are quietly employing America's people by hiring them to spy on each other. Perhaps we'll soon reach a happy equilibrium where there's one American spy for every American non-spy. Or something like that. Or perhaps I'm overstating my case. I can't actually prove that American law enforcement/military personnel are spying on U.S. citizens or that they are doing this from the United States. James Bamford of Wired explains:
For example, NSA can intercept millions of domestic communications and store them in a data center like Bluffdale and still be able to say it has not “intercepted” any domestic communications. This is because of its definition of the word. “Intercept,” in NSA’s lexicon, only takes place when the communications are “processed” “into an intelligible form intended for human inspection,” not as they pass through NSA listening posts and transferred to data warehouses. Complicating matters is the senseless scenario made up for the questioning by Congress, which makes it difficult to make sense of his answers, especially since many seem very parsed, qualified, and surrounded in garbled syntax. That scenario involved NSA targeting U.S. citizens for making fun of a President Dick Cheney for shooting a fellow hunter in the face with a shotgun, and then the fun-makers being waterboarded for their impertinence. Asked whether the NSA has the capability of monitoring the communications of Americans, he never denies it – he simply says, time and again, that NSA can’t do it “in the United States.” In other words it can monitor those communications from satellites in space, undersea cables, or from one of its partner countries, such as Canada or Britain, all of which it has done in the past.

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