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Civil Liberties Media Articles
Excerpts of Key Civil Liberties Media Articles in Major Media


Below are key excerpts of revealing news articles on the erosion of our civil liberties from reliable news media sources. If any link fails to function, a paywall blocks full access, or the article is no longer available, try these digital tools.


Note: Explore our full index to key excerpts of revealing major media news articles on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.


Domestic spying far outpaces terrorism prosecutions
2008-05-12, Los Angeles Times
http://www.latimes.com/news/nationworld/nation/la-na-justice12-2008may12,0,43...

The number of Americans being secretly wiretapped or having their financial and other records reviewed by the government has continued to increase as officials aggressively use powers approved after the Sept. 11 attacks. But the number of terrorism prosecutions ending up in court -- one measure of the effectiveness of such sleuthing -- has continued to decline, in some cases precipitously. The trends, visible in new government data and a private analysis of Justice Department records, are worrisome to civil liberties groups and some legal scholars. They say it is further evidence that the government has compromised the privacy rights of ordinary citizens without much to show for it. The Bush administration has been seeking to expand its ability to gather intelligence without prior court approval. The [Justice] department ... reported a sharp rise in the use of national security letters by the FBI -- from 9,254 in 2005 to 12,583 in 2006, the latest data available. The letters seek customer information from banks, Internet providers and phone companies. They have caused a stir because consumers do not have a right to know that their information is being disclosed and the letters are issued without court oversight. Civil liberties groups say the new data reveal a disturbing consequence of the government's post-Sept. 11 expanded surveillance capabilities. "The number of Americans being investigated dwarfs any legitimate number of actual terrorism prosecutions, and that is extremely troubling," said Lisa Graves, deputy director of the Center for National Security Studies, a Washington-based civil liberties group.

Note: For many reports from major media sources that question the reality of the "terror" threat, click here.


FBI Backs Off From Secret Order for Data After Lawsuit
2008-05-08, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/05/07/AR20080507038...

The FBI has withdrawn a secret administrative order seeking the name, address and online activity of a patron of the Internet Archive after the San Francisco-based digital library filed suit to block the action. It is one of only three known instances in which the FBI has backed off from such a data demand, known as a "national security letter," or NSL, which is not subject to judicial approval and whose recipient is barred from disclosing the order's existence. NSLs are served on phone companies, Internet service providers and other electronic communications service providers, but because of the gag order provision, the public has little way to know about them. FBI officials now issue about 50,000 such orders a year. The order against the Internet Archive was served Nov. 26, and the nonprofit challenged it based on a provision of the reauthorized USA Patriot Act, which protects libraries from such requests. The privacy advocacy group Electronic Frontier Foundation represented the archive in the suit, which was joined by the American Civil Liberties Union. The archive also alleged that the gag order that accompanied the data demand violated the Constitution. As part of their settlement, the FBI agreed to drop the gag order and the archive agreed to withdraw the complaint. The case was unsealed Monday. Yesterday, redacted versions of key documents were filed, allowing the parties to discuss the case. "We see this as an unqualified success," said Brewster Kahle, the archive's co-founder and digital librarian. "The goal here was to help other recipients of NSLs to understand that you can push back."

Note: The Internet Archive has now posted excellent information on how to deal with cases like this at http://government.zdnet.com/?p=3795. Three cheers for the Internet Archive!


Justice Dept. OKs harsh interrogation tactics
2008-04-27, New York Times
http://www.nytimes.com/2008/04/27/washington/27intel.html?ex=1366948800&en=68...

The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law. The legal interpretation, outlined in recent letters, sheds new light on the still-secret rules for interrogations by the Central Intelligence Agency. It shows that the administration is arguing that the boundaries for interrogations should be subject to some latitude, even under an executive order issued last summer that President Bush said meant that the C.I.A. would comply with international strictures against harsh treatment of detainees. While the Geneva Conventions prohibit “outrages upon personal dignity,” a letter sent by the Justice Department to Congress on March 5 makes clear that the administration has not drawn a precise line in deciding which interrogation methods would violate that standard, and is reserving the right to make case-by-case judgments. The new documents provide more details about how the administration intends to determine whether a specific technique would be legal, depending on the circumstances involved. Some legal experts critical of the Justice Department interpretation said the department seemed to be arguing that the prospect of thwarting a terror attack could be used to justify interrogation methods that would otherwise be illegal. “What they are saying is that if my intent is to defend the United States rather than to humiliate you, than I have not committed an offense,” said Scott L. Silliman, who teaches national security law at Duke University. The humiliating and degrading treatment of prisoners is prohibited by Common Article 3 of the Geneva Conventions.

Note: For many disturbing reports of increasing threats to civil liberties, click here.


Bush Lawyer Won't Say if Congress can Limit President's Power
2008-04-24, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/04/24/MNAI10AKM0.DTL

A Bush administration lawyer resisted a San Francisco federal judge's attempts Wednesday to get him to say whether Congress can limit the president's wiretap authority in terrorism and espionage cases, calling the question simplistic. "You can't possibly make that judgment on the public record" without knowing the still-secret details of the electronic surveillance program that President Bush approved in 2001, Justice Department attorney Anthony Coppolino said at a crucial hearing in a wiretapping lawsuit. Chief U.S. District Judge Vaughn Walker didn't rule immediately on the government's request to dismiss the suit by an Islamic charity in Oregon, which says a document that federal authorities accidentally released showed it was wiretapped. But Walker, in an extensive exchange with Coppolino, said Congress had spoken clearly in a 1978 law that required the government to obtain a warrant from a secret court before it could conduct electronic surveillance of suspected foreign terrorists or spies. "The president is obliged to follow what Congress has mandated," Walker said. The case may determine whether any U.S. court can judge the legality of Bush's covert order to the National Security Agency to intercept phone calls and e-mails between Americans and suspected foreign terrorists without seeking judicial approval. After Bush acknowledged the existence of the program, Congress temporarily extended it in August and now is debating whether to protect telecommunications companies from lawsuits for their past cooperation. Most lawsuits challenging the program have been dismissed because the plaintiffs were unable to show that they had been wiretapped.

Note: For many disturbing reports of increasing threats to civil liberties, click here.


Unleashing the Bugs of War
2008-04-18, Time magazine
http://www.time.com/time/nation/article/0,8599,1732226,00.html

The Defense Advanced Research Project Agency, that secretive band of Pentagon geeks that searches obsessively for the next big thing in the technology of warfare, is 50 years old. So what's hot at DARPA right now? Bugs. The creepy, crawly flying kind. The Agency's Microsystems Technology Office is hard at work on HI-MEMS (Hybrid Insect Micro-Electro-Mechanical System), raising real insects filled with electronic circuitry, which could be guided using GPS technology to specific targets via electrical impulses sent to their muscles. These half-bug, half-chip creations — DARPA calls them "insect cyborgs" — would be ideal for surveillance missions, the agency says in a brief description on its website. Such bugs "could carry one or more sensors, such as a microphone or a gas sensor, to relay back information gathered from the target destination." Scientist Amit Lal and his team insert mechanical components into baby bugs during "the caterpillar and the pupae stages," which would then allow the adult bugs to be deployed to do the Pentagon's bidding. "The HI-MEMS program is aimed at developing tightly coupled machine-insect interfaces by placing micro-mechanical systems inside the insects during the early stages of metamorphosis," DARPA says. DARPA declined TIME's request to interview Dr. Lal about his program and the progress he is making in producing the bugs. But in a written statement, spokeswoman Jan Walker said that "living, adult-stage insects have emerged with the embedded systems intact." Presumably, enemy arsenals will soon be well-stocked with Raid.

Note: For many disturbing reports on threats to civil liberties, click here.


Administration Set to Use New Spy Program in U.S.
2008-04-12, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/11/AR20080411036...

The Bush administration said yesterday that it plans to start using the nation's most advanced spy technology for domestic purposes soon, rebuffing challenges by House Democrats over the idea's legal authority. Homeland Security Secretary Michael Chertoff said his department will activate his department's new domestic satellite surveillance office in stages, starting as soon as possible. Sophisticated overhead sensor data will be used for law enforcement once privacy and civil rights concerns are resolved, he said. His statements marked a fresh determination to operate the department's new National Applications Office. But Congress delayed launch of the new office last October. Critics cited its potential to expand the role of military assets in domestic law enforcement, to turn new or as-yet-undeveloped technologies against Americans without adequate public debate, and to divert the existing civilian and scientific focus of some satellite work to security uses. Democrats say Chertoff has not spelled out what federal laws govern the NAO, whose funding and size are classified. Congress barred Homeland Security from funding the office until its investigators could review the office's operating procedures and safeguards. The department submitted answers on Thursday, but some lawmakers promptly said the response was inadequate. [Rep. Bennie G. Thompson (D-Miss.), chairman of the House Homeland Security Committee] said, "We still don't know whether the NAO will pass constitutional muster since no legal framework has been provided."

Note: For many more revealing stories on threats to civil liberties, click here.


Bush Aware of Advisers' Interrogation Talks
2008-04-11, ABC News
http://abcnews.go.com/TheLaw/LawPolitics/Story?id=4635175

President Bush says he knew his top national security advisers discussed and approved specific details about how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, according to an exclusive interview with ABC News. "Well, we started to connect the dots in order to protect the American people," Bush told ABC News White House correspondent Martha Raddatz. "And yes, I'm aware our national security team met on this issue. And I approved." As first reported by ABC News, the most senior Bush administration officials repeatedly discussed and approved specific details of exactly how high-value al Qaeda suspects would be interrogated by the CIA. The president had earlier confirmed the existence of the interrogation program run by the CIA in a speech in 2006. But before [ABC's original] report, the extraordinary level of involvement by the most senior advisers in repeatedly approving specific interrogation plans -- down to the number of times the CIA could use a certain tactic on a specific al Qaeda prisoner -- had never been disclosed. Critics at home and abroad have harshly criticized the interrogation program, which pushed the limits of international law and, they say, condoned torture. In the interview with ABC News, Bush defended the waterboarding technique used against KSM. "We had legal opinions that enabled us to do it," Bush said. "And no, I didn't have any problem at all trying to find out what Khalid Sheikh Mohammed knew." The president said, "I think it's very important for the American people to understand who Khalid Sheikh Mohammed was. He was the person who ordered the suicide attack -- I mean, the 9/11 attacks."

Note: For a transcript of the interview with President Bush on the Washington Post website, click here. For a powerful two-page summary of many unanswered questions about who really ordered the 9/11 attacks, click here.


Cheney, Rice Approved Use of Waterboarding, Other Tactics
2008-04-11, FOX News/Associated Press
http://www.foxnews.com/story/0,2933,349948,00.html

Bush administration officials from Vice President Dick Cheney on down signed off on using harsh interrogation techniques against [captives] after asking the Justice Department to endorse their legality, The Associated Press has learned. The officials also took care to insulate President Bush from a series of meetings where CIA interrogation methods, including waterboarding, ... were discussed and ultimately approved. A former senior U.S. intelligence official familiar with the meetings ... spoke on condition of anonymity because he was not authorized to publicly discuss the issue. Between 2002 and 2003, the Justice Department issued several memos from its Office of Legal Counsel that justified using the interrogation tactics, including ones that critics call torture. "If you looked at the timing of the meetings and the memos you'd see a correlation," the former intelligence official said. The meetings were held in the White House Situation Room in the years immediately following the Sept. 11 attacks. Attending the sessions were Cheney, then-Bush aides Attorney General John Ashcroft, Secretary of State Colin Powell, CIA Director George Tenet and National Security Advisor Condoleezza Rice. The American Civil Liberties Union called on Congress to investigate. "With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House," ACLU legislative director Caroline Fredrickson said. "This is what we suspected all along." The former intelligence official described Cheney and the top national security officials as deeply immersed in developing the CIA's interrogation program during months of discussions over which methods should be used and when."


Sources: Top Bush Advisors Approved 'Enhanced Interrogation'
2008-04-09, ABC News
http://www.abcnews.go.com/TheLaw/LawPolitics/Story?id=4583256

In dozens of top-secret talks and meetings in the White House, the most senior Bush administration officials discussed and approved specific details of how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, sources tell ABC News. The so-called Principals who participated in the meetings also approved the use of "combined" interrogation techniques -- using different techniques during interrogations, instead of using one method at a time -- on [captives] who proved difficult to break, sources said. The high-level discussions about these "enhanced interrogation techniques" were so detailed, these sources said, some of the interrogation sessions were almost choreographed -- down to the number of times CIA agents could use a specific tactic. The advisers were members of the National Security Council's Principals Committee, a select group of senior officials who met frequently to advise President Bush on issues of national security policy. At the time, the Principals Committee included Vice President Cheney, former National Security Advisor Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, as well as CIA Director George Tenet and Attorney General John Ashcroft. Rice chaired the meetings, which took place in the White House Situation Room and were typically attended by most of the principals or their deputies. According to multiple sources, it was members of the Principals Committee that not only discussed specific plans and specific interrogation methods, but approved them. The Principals also approved interrogations that combined different methods, pushing the limits of international law and even the Justice Department's own legal approval in the [infamous] 2002 memo.


Permissible Assaults Cited in Graphic Detail
2008-04-06, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/05/AR20080405020...

Thirty pages into a memorandum discussing the legal boundaries of military interrogations in 2003, senior Justice Department lawyer John C. Yoo tackled a question not often asked by American policymakers: Could the president, if he desired, have a prisoner's eyes poked out? Or, for that matter, could he have "scalding water, corrosive acid or caustic substance" thrown on a prisoner? How about slitting an ear, nose or lip, or disabling a tongue or limb? What about biting? These assaults are all mentioned in a U.S. law prohibiting maiming, which Yoo parsed as he clarified the legal outer limits of what could be done to terrorism suspects as detained by U.S. authorities. The specific prohibitions, he said, depended on the circumstances or which "body part the statute specifies." But none of that matters in a time of war, Yoo also said, because federal laws prohibiting assault, maiming and other crimes by military interrogators are trumped by the president's ultimate authority as commander in chief. In the sober language of footnotes, case citations and judicial rulings, the memo explores a wide range of unsavory topics, from the use of mind-altering drugs on captives to the legality of forcing prisoners to squat on their toes in a "frog crouch." It repeats an assertion in another controversial Yoo memo that an interrogation tactic cannot be considered torture unless it would result in "death, organ failure or serious impairment of bodily functions." Yoo, who is now a law professor at the University of California at Berkeley, also uses footnotes to effectively dismiss the Fourth and Fifth amendments to the Constitution, arguing that protections against unreasonable search and seizure and guarantees of due process either do not apply or are irrelevant in a time of war. He frequently cites his previous legal opinions to bolster his case.


Administration Asserted a Terror Exception on Search and Seizure
2008-04-04, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/03/AR20080403041...

The Justice Department concluded in October 2001 that military operations combating terrorism inside the United States are not limited by Fourth Amendment protections against unreasonable searches and seizures, in one of several secret memos containing new and controversial assertions of presidential power. The memo, sent on Oct. 23, 2001, to the Defense Department and the White House by the Office of Legal Counsel, focused on the rules governing any deployment of U.S. forces inside the country "in the event of further large-scale terrorist activities." Administration officials declined to detail what domestic military operations were being contemplated at the time. The memo has not been formally withdrawn. The Fourth Amendment assertion is one of several far-reaching legal arguments revealed by the disclosure Tuesday of a 2003 Justice Department memo that authorized harsh military interrogations. In its footnotes, asides and central text, that 81-page memo asserted nearly unlimited presidential powers during a time of war. The document disclosed, for example, that the administration's top lawyers had declared that the president has unfettered power to seize oceangoing ships as commander in chief; that Congress has no ability to pass legislation governing the interrogations of enemy combatants; and that federal laws prohibiting assault and other crimes did not apply to military interrogators. One section discussed to what extent the president might be allowed to legally maim a prisoner, such as through the use of a "scalding, corrosive, or caustic substance." A footnote argued that Fifth Amendment guarantees of due-process rights "do not address actions the Executive takes in conducting a military campaign against the Nation's enemies."

Note: For further disturbing reports on threats to civil liberties, click here.


Eyewitness To Murder: The King Assassination
2008-04-03, CNN
http://transcripts.cnn.com/TRANSCRIPTS/0804/03/siu.01.html

Forty years ago, Dr. Martin Luther King, Jr. was shot down. The alleged assassin [was] a small time criminal on the run. Some of Dr. King's closest aides believe the full story has yet to be told. From his first days in the civil rights movement, Dr. King lived under the shadow of death - his house bombed in the Montgomery bus boycott, followers killed in Birmingham and Selma. He was stabbed once in Harlem at a book signing. Dr. King's electrifying speech at the March on Washington in August of 1963 had made him the ... the FBI's nightmare, according to the official paper trail. They called him in one of the FBI memos released later "the most dangerous Negro." Pulitzer Prize winner David Garrow ... discovered thousands of these memos while writing his book, "The FBI and Martin Luther King." The memos show an FBI obsessed. Director J. Edgar Hoover sent Attorney General Robert Kennedy [the] warning [that] communists were pulling Dr. King's puppet strings. Fellow minister Ralph Abernathy discovered an FBI bug while speaking at an Alabama church. Hoover ... called Reverend King "the most notorious liar in the country" in a rare 1964 press conference. When Dr. King won the Nobel Prize, the FBI mailed an anonymous package to Dr. King's office [containing sexually explicit recordings along] with an ominous note. There was nothing nervous about him that last day in Memphis. "I'm not worried about anything. I'm not fearing any man," King said. He probably never even heard the shot.

Note: Watch clips of this news report and a CNN program on a conspiracy surrounding the Martin Luther King, Jr. assassination. Then watch an excellent six-minute video clip of a Canadian news program giving an excellent overview of the 1999 civil trial in Memphis which found the U.S. government guilty in the assassination.


Torture Memo Gave White House Broad Powers
2008-04-02, ABC News
http://abcnews.go.com/TheLaw/DOJ/story?id=4569746&page=1

The Justice Department's newly declassified torture memo outlined the broad legal authority its lawyers gave to the Bush White House on matters of torture and presidential authority during times of war. The March 14, 2003 memorandum ... provided legal "guidance" for military interrogations of "alien unlawful combatants," and concluded that the president's authority during wartime took precedence over the individual rights of enemies captured in the field. The memo ... determined that amendments to the U.S. Constitution, which in part protect rights of individuals charged with crimes, do not apply equally to enemy combatants. "The Fifth Amendment due process clause does not apply to the president's conduct of a war," the memo noted. It also asserted, "The detention of enemy combatants can in no sense be deemed 'punishment' for purposes of the Eighth Amendment," which prohibits "cruel and unusual" forms of punishment. The memo was drafted by John Yoo, who was at the time the deputy assistant attorney general for the Justice Department's Office of Legal Counsel. Former aides to John Ashcroft say the then-attorney general privately dubbed Yoo "Dr. Yes" for being so closely aligned with lawyers at the White House. The memo also provided an argument in defense of government interrogators who used harsh tactics in their line of work. The memo also laid out a defense against the authority of the U.N. Convention Against Torture, or CAT. Jack Goldsmith who headed OLC from October 2003 to July 2004, and worked at the Pentagon before coming to the department ... described the problems he had reviewing and standing by Yoo's work. "My first [reaction] was disbelief that programs of this importance could be supported by legal opinions that were this flawed."

Note: For further disturbing reports on threats to civil liberties, click here.


Centers Tap Into Personal Databases
2008-04-02, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/01/AR20080401030...

Intelligence centers run by states across the country have access to personal information about millions of Americans, including unlisted cellphone numbers, insurance claims, driver's license photographs and credit reports, according to a document obtained by The Washington Post. One center also has access to top-secret data systems at the CIA, the document shows, though it's not clear what information those systems contain. Dozens of the organizations known as fusion centers were created after the Sept. 11, 2001, terrorist attacks. The centers use law enforcement analysts and sophisticated computer systems to compile, or fuse, disparate tips and clues and pass along the refined information to other agencies. Though officials have publicly discussed the fusion centers' importance to national security, they have generally declined to elaborate on the centers' activities. But a document that lists resources used by the fusion centers shows how a dozen of the organizations in the northeastern United States rely far more on access to commercial and government databases than had previously been disclosed. The list of information resources was part of a survey conducted last year, officials familiar with the effort said. It shows that, like most police agencies, the fusion centers have subscriptions to private information-broker services that keep records about Americans' locations, financial holdings, associates, relatives, firearms licenses and the like. "Fusion centers have grown, really, off the radar screen of public accountability," said Jim Dempsey, vice president for public policy at the Center for Democracy and Technology, a nonpartisan watchdog group in the District. "Congress and the state legislatures need to get a handle over what is going on at all these fusion centers."

Note: For further disturbing reports on threats to privacy, click here.


Colorado Proposes Tough Law on Executive Accountability
2008-04-01, New York Times
http://www.nytimes.com/2008/04/01/business/01fraud.html?ex=1364702400&en=6a78...

For 30 years, Lew Ellingson loved being a telephone man. His job splicing phone cables was one that he says gave him “a true sense of accomplishment,” first for Northwestern Bell, then US West and finally Qwest Communications International. But by the time Mr. Ellingson retired from Qwest last year at 52, he had grown angry. An insider trading scandal had damaged the company’s reputation, and the life savings of former colleagues had evaporated in the face of Qwest’s stock troubles. “It was a good place,” he said wistfully. “And then something like this happened.” Now, Mr. Ellingson is the public face of a proposed ballot measure in Colorado that seeks to create what supporters hope will be the nation’s toughest corporate fraud law. Buttressed by local advocacy groups and criticized by a Colorado business organization, the measure would make business executives criminally responsible if their companies run afoul of the law. It would also permit any Colorado resident to sue the executives under such circumstances. Proceeds from successful suits would go to the state. If passed by voters in November, the proposal would leave top business officers [with] unprecedented individual accountability, said Mr. Ellingson. “If nothing else, these folks in charge of the corporations and companies will think twice about cutting corners to make themselves look more profitable than they really are,” he said. The plight of Mr. Ellingson’s former employer, Qwest, based in Denver, was a motivation for the proposal. Last April, a jury in Denver convicted Qwest’s former chief executive, Joseph P. Nacchio, of 19 of 42 counts of insider trading. Mr. Nacchio was sentenced to six years in prison and ordered to pay a fine of $19 million and forfeit $52 million in money he earned from stock sales in 2001.

Note: As reported in the Washington Post, Joseph P. Nacchio, the former Qwest CEO, has claimed that he was singled out for prosecution because he refused to cooperate with the National Security Agency's electronic surveillance of American citizens, which began before 9/11.


ACLU: Military using FBI to skirt restrictions
2008-04-01, MSNBC/Associated Press
http://www.msnbc.msn.com/id/23908142

The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans' Internet service providers, financial institutions and telephone companies, the ACLU said Tuesday. The American Civil Liberties Union based its conclusion on a review of more than 1,000 documents turned over by the Defense Department after it sued the agency last year for documents related to national security letters. The letters are investigative tools used to compel businesses to turn over customer information without a judge's order or grand jury subpoena. ACLU lawyer Melissa Goodman said the documents the civil rights group studied "make us incredibly concerned that the FBI and DoD might be collaborating to evade limits" placed on the Defense Department's use of the letters. Goodman, a staff attorney with the ACLU National Security Project, said the military is allowed to demand financial and credit records in certain instances but does not have the authority to get e-mail and phone records or lists of Web sites that people have visited. That is the kind of information that the FBI can get by using a national security letter, she said. "That's why we're particularly concerned. The DoD may be accessing the kinds of records they are not allowed to get," she said. Goodman also noted that legal limits are placed on the Defense Department "because the military doing domestic investigations tends to make us leery.

Note: For further disturbing reports on threats to civil liberties, click here.


Google has lots to do with intelligence
2008-03-30, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/29/BUQLUAP8L.DTL

When the nation's intelligence agencies wanted a computer network to better share information ... they turned to a big name in the technology industry to supply some of the equipment: Google Inc. The Mountain View company sold the agencies servers for searching documents. Many of the contracts are for search appliances - servers for storing and searching internal documents. Agencies can use the devices to create their own mini-Googles on intranets made up entirely of government data. Additionally, Google has had success licensing a souped-up version of its aerial mapping service, Google Earth. Spy agencies are using Google equipment as the backbone of Intellipedia, a network aimed at helping agents share intelligence. [The system] is maintained by the director of national intelligence and is accessible only to the CIA, FBI, National Security Agency and an alphabet soup of other intelligence agencies and offices. Google supplies the computer servers that support the network, as well as the search software that allows users to sift through messages and data. Because of the complexities of doing business with the government, Google uses resellers to process orders on its behalf. Google takes care of the sales, marketing and management of the accounts. Google is one of many technology vendors vying for government contracts. On occasion, Google is the target of conspiracy theories from bloggers who say it is working with spy agencies more closely than simply selling search equipment.


Every bank transaction triggers snooping
2008-03-26, Atlanta Journal-Constitution (Atlanta's leading newspaper)
http://www.ajc.com/blogs/content/shared-blogs/ajc/barrcode/entries/2008/03/26...

The sad saga of [Eliot] Spitzer should concern every American. The web of snooping in which federal investigators and regulators are now able to ensnare any person who engages in any form of financial transaction has become so complex and pervasive that almost no person anywhere in the world can escape its clutches. The seeds of this modern-day Orwellian financial web were sown in the late 1960s and early 1970s when such expansive federal laws as the Bank Secrecy Act were enacted. Designed as tools to ferret out organized crime figures, major drug traffickers and international money launderers, this family of far-reaching regulatory-cum-criminal laws initially was used largely as intended. Many of the “Suspicious Activity Reports” (or SARs) required by the Bank Secrecy Act of 1970, for example, were largely ignored by investigators and prosecutors, who viewed them as burdensome and difficult to catalog and utilize. Two events have conspired to change all that. First, the advent of digital technology has elevated dramatically the ability of the government to gather, analyze, manipulate, retrieve and disseminate the SAR data. The second factor ... was, of course, the events of 9/11 and the ensuing USA Patriot Act. These two things institutionalized fear as the driving force in virtually all federal policies, including those relating to financial reporting. [A section of] the Patriot Act — has been interpreted by banking examiners to require banks to profile their customers and the full range of their transactions, regardless of amount. These “know your customer” regulations are among the most insidious of this entire class of invasive federal laws and regulations.

Note: This informative article is by former US Congressman Bob Barr, who has become a crusader against the excesses of the PATRIOT Act.


Unintended Consequences
2008-03-24, Newsweek magazine
http://www.newsweek.com/id/123489

When Congress passed the Patriot Act in the aftermath of the 9/11 attacks, law-enforcement agencies hailed it as a powerful tool to help track down the confederates of Osama bin Laden. No one expected it would end up helping to snag the likes of Eliot Spitzer. In the fine print were provisions that gave the Treasury Department authority to demand more information from banks about their customers' financial transactions. But Treasury went further. It issued stringent new regulations that required banks themselves to look for unusual transactions (such as odd patterns of cash withdrawals or wire transfers) and submit SARs—Suspicious Activity Reports—to the government. Facing potentially stiff penalties if they didn't comply, banks and other financial institutions installed sophisticated software to detect anomalies among millions of daily transactions. They began ranking the risk levels of their customers ... based on complex formulas that included ... whether an account holder was a "politically exposed person" [PEP]. At first focused on potentially crooked foreign officials, the PEP lists expanded to include many U.S. politicians and public officials who were conceivably vulnerable to corruption. Federal prosecutors around the country routinely scour the SARs for potential leads. One of those leads led to Spitzer. Last summer New York's North Fork Bank, where Spitzer had an account, filed a SAR about unusual money transfers he had made. The governor called attention to himself by asking the bank to transfer money in someone else's name. The SAR was not itself evidence that Spitzer had committed a crime. But it made the Feds curious enough to follow the money.

Note: This story provides useful information about how the PATRIOT Act has been applied since its passage. The reasons for the investigation of Eliot Spitzer, leading to his resignation, may not have been so simple, however, given his many powerful enemies in government and on Wall Street.


Papers Detail Complaints of Links to Treasury List
2008-03-19, New York Times
http://www.nytimes.com/2008/03/19/us/19suit.html?ex=1363665600&en=eb4f1ed6600...

A sheaf of documents that a federal court forced the Treasury Department to release indicate there have been repeated complaints from American consumers who have been falsely linked to terrorism or drug trafficking during routine credit checks, the organization that sought the documents in a lawsuit said Tuesday. The more than 100 pages of documents released Monday to the organization, the Lawyers’ Committee for Civil Rights in San Francisco, include a variety of complaints about the list maintained by the Office of Foreign Asset Control in the Treasury Department, said Philip Hwang, a lawyer for the group. The released documents include e-mail messages and letters from consumers who have been denied cars or home loans or faced difficulties with other financial transactions because their names allegedly appear on the list. Financial institutions are supposed to check clients’ names against the list, which is known officially as the Specially Designated Nationals List. A Federal District Court judge in San Francisco last month ordered the Treasury Department to release all the complaints after a Freedom of Information Act request, Mr. Hwang said. He said his organization believed that what they received was only a small fraction of the complaints filed. Among other indications, he said, was that Henry Paulson Jr., the Treasury secretary, said in Congressional testimony last year that his department fielded up to 90,000 telephone complaints about the list over one year. Mr. Hwang said most consumers discovered the problem only when they asked for a credit report and were shocked to find a notation on it associating them with terrorists or drug traffickers.

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