The real problem with Guantanamo

Glenn Greenwald spells out the real problem with Guantanamo:

What made Guantanamo controversial was not its physical location: that it was located in the Caribbean Sea rather than on American soil (that’s especially true since the Supreme Court ruled in 2004 that U.S. courts have jurisdiction over the camp). What made Guantanamo such a travesty — and what still makes it such — is that it is a system of indefinite detention whereby human beings are put in cages for years and years without ever being charged with a crime. President Obama’s so-called “plan to close Guantanamo” — even if it had been approved in full by Congress — did not seek to end that core injustice. It sought to do the opposite: Obama’s plan would have continued the system of indefinite detention, but simply re-located it from Guantanamo Bay onto American soil. Long before, and fully independent of, anything Congress did, President Obama made clear that he was going to preserve the indefinite detention system at Guantanamo even once he closed the camp.

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Jason Alexander on the recent massacre

Actor Jason Alexander had this to say with regard to the recent massacre:

These weapons are military weapons. They belong in accountable hands, controlled hands and trained hands. They should not be in the hands of private citizens to be used against police, neighborhood intruders or people who don’t agree with you. These are the weapons that maniacs acquire to wreak murder and mayhem on innocents. They are not the same as handguns to help homeowners protect themselves from intruders. They are not the same as hunting rifles or sporting rifles. These weapons are designed for harm and death on big scales.

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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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What Being An American Means To Me

I am not given to setting out pronouncements like this very often, but in light of the last several years I thought it might be worthwhile to do so on the occasion of the 236th anniversary of our declared independence. I don’t think in terms of demonstrating my love of country. My affection for my home is simply a given, a background hum, a constant, foundational reality that is reflexively true. This is the house in which I grew up. I know its walls, its ceiling, its floors, the steps to the attic, the verge, and every shadow that moves with the sun through all the windows. I live here; its existence contours my thinking, is the starting place of my feelings. The house itself is an old friend, a reliable companion, a welcoming space, both mental and physical, that I can no more dislike or reject than I can stop breathing. But some of the furniture...that’s different. I am an American. I don’t have to prove that to anyone. I carry it with me, inside, my cells are suffused with it. I do not have to wear a flag on my lapel, hang one in front of my house, or publicly pledge an oath to it for the convenience of those who question my political sentiments. Anyone who says I should or ought or have to does not understand the nature of what they request or the substance of my refusal to accommodate them. They do not understand that public affirmations like that become a fetish and serve only to divide, to make people pass a test they should—because we are free—never have to take. [More . . . ]

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Consider signing the Declaration of Internet Freedom

Today I signed this clearly worded Declaration of Internet Freedom.

We stand for a free and open Internet. We support transparent and participatory processes for making Internet policy and the establishment of five basic principles: Expression: Don't censor the Internet. Access: Promote universal access to fast and affordable networks. Openness: Keep the Internet an open network where everyone is free to connect, communicate, write, read, watch, speak, listen, learn, create and innovate. Innovation: Protect the freedom to innovate and create without permission. Don’t block new technologies, and don’t punish innovators for their users' actions. Privacy: Protect privacy and defend everyone’s ability to control how their data and devices are used.
I invite you to join me in signing this Declaration. The sponsoring organization, Free Press, has long been on the right side of media/Internet/speech issues. This one-page declaration captures what is critically important about net neutrality.

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