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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.


Some Amish in Mich. resist electronic ID tags for cattle
2007-08-19, Associated Press
http://www.mlive.com/newsflash/michigan/index.ssf?/base/news-46/1187539862261...

Some Amish farmers say a state requirement that they tag cattle with electronic chips is a violation of their religious beliefs. Last year, the state Department of Agriculture announced that Michigan cattle leaving farms must be tagged in the ear with electronic identification as part of an effort to combat bovine tuberculosis. That has drawn some resistance from the Amish, who typically shun technology. In April, Glen Mast and other Amish farmers appeared before the state Senate Appropriations Committee, urging it to block the program. "We're never happier than when we're just left alone," said Mast, whose farm in Isabella County operates without electricity. "That's all we're asking." State officials say the ability to trace food sources is increasingly important in the global economy. State officials said cattle are to be tagged if they are leaving the farm to be sold or change ownership. Kevin Kirk, who coordinates the program for the state agriculture department, said Amish farmers produced a "very, very small" percentage of the nearly 397 million pounds of beef sold by Michigan farmers last year. "Our No. 1 goal is animal health, human health and food safety," Kirk said. "I know it's hard sometimes to trust the government, but that's what we're asking is trust us." So far, the state has not forced the Amish to use the electronic tags but said they can wait until the animals arrive at an auction before having them applied, the newspaper said. Animal identification has traditionally involved a plastic or metal tag, or tattoo. Electronic ID uses a radio frequency device with a number unique to each animal, and speeds up the ability to locate or trace animals.

Note: To read an article that explains in more depth how the attitude of the Amish to the use of electronic chips on their cattle is that it is the "mark of the beast" in Bible prophecy, click here.


The Padilla Conviction
2007-08-17, New York Times
http://www.nytimes.com/2007/08/17/opinion/17fri1.html?ex=1345003200&en=b04dde...

It would be a mistake to see [the verdict against Jose Padilla] as a vindication for the Bush administration’s serial abuse of the American legal system in the name of fighting terrorism. On the way to this verdict, the government repeatedly trampled on the Constitution, and its prosecution of Mr. Padilla was so cynical ... that the crime he was convicted of — conspiracy to commit terrorism overseas — bears no relation to the ambitious plot to wreak mass destruction inside the United States which the Justice Department first loudly proclaimed. When Mr. Padilla was arrested in 2002, the government said he was an Al Qaeda operative who had plotted to detonate a radioactive dirty bomb inside the United States. Mr. Padilla, who is an American citizen, should have been charged as a criminal and put on trial in a civilian court. Instead, President Bush declared him an “enemy combatant” and kept him in a Navy brig for more than three years. The administration’s insistence that it had the right to hold Mr. Padilla indefinitely — simply on the president’s word — was its first outrageous act in the case, but hardly its last. Mr. Padilla was kept in a small isolation cell, and when he left that cell he was blindfolded and his ears were covered. He was denied access to a lawyer even when he was being questioned. It was only after the Supreme Court appeared poised last year to use Mr. Padilla’s case to decide whether indefinite detention of an American citizen violates the Constitution, that the White House suddenly decided to give him a civilian trial. He will likely never be brought to trial on the dirty-bomb plot. The administration did everything it could to keep Mr. Padilla away from a jury and deny him impartial justice.


Domestic Use of Spy Satellites To Widen
2007-08-16, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/15/AR20070815024...

The Bush administration has approved a plan to expand domestic access to some of the most powerful tools of 21st-century spycraft, giving law enforcement officials and others the ability to view data obtained from satellite and aircraft sensors that can see through cloud cover and even penetrate buildings and underground bunkers. A program approved by the Office of the Director of National Intelligence and the Department of Homeland Security will allow broader domestic use of secret overhead imagery beginning as early as this fall, with the expectation that state and local law enforcement officials will eventually be able to tap into technology once largely restricted to foreign surveillance. But the program ... quickly provoked opposition from civil liberties advocates, who said the government is crossing a well-established line against the use of military assets in domestic law enforcement. The administration's decision would provide domestic authorities with unprecedented access to high-resolution, real-time satellite photos. They could also have access to much more. Civil liberties groups quickly condemned the move, which Kate Martin, director of the Center for National Security Studies, ... likened to "Big Brother in the sky. They want to turn these enormous spy capabilities ... onto Americans. They are laying the bricks one at a time for a police state." Steven Aftergood, director of the Project on Government Secrecy for the Federation of American Scientists, said that ... oversight for the program was woefully inadequate. Enhanced access "shouldn't be adopted at all costs because it comes with risk to privacy and to the integrity of our political institutions," he said.


A chip on my shoulder
2007-08-12, San Francisco Chronicle (San Francisco's leading newspaper)
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/08/12/EDG00REOHJ1.DTL

The ability to blend vast databases containing personal information -- and the sophistication of tracking devices that can announce your presence along with myriad vital statistics when you cross a bridge or enter a room -- have brought Americans to a crossroads. Do we shrug and concede that privacy is lost -- "get over it," as one titan of tech declared so bluntly? Or do we look for ways to draw the line, to identify means and places where employers and governments should not dare to tread? One such place: Our bodies. Life has begun to imitate art -- as in the futuristic film "Minority Report" -- with the refinement of toothpick-thick microchips that can be implanted in your arm and packed with loads of personally identifiable information that can be beamed to the world. These radio-frequency identification (RFID) devices -- or "talking bar codes" -- amount to miniature antennas that transmit the types of information that might otherwise be held on a swipe card. Even if you've shrugged through the debates about warrantless wiretapping and said "what the heck" at the prospect that everything from your spending habits to your Web site travels are being compiled and crunched for commercial purposes, you might think twice about letting your employer insert a microchip under your skin as a condition of getting a job. As of today, it is both a technical and a legal possibility. Just last year, a ... provider of video-surveillance equipment inserted ... microchips into the arms of two employees. Those two workers volunteered, but it's not hard to imagine the lightbulbs going off in Corporate America. Is Joe really making a sales call or is he taking in a baseball game at AT&T Park? How many smoke breaks is Mary taking? Amazingly, there is no California law against "chipping" workers as a condition of employment.

Note: For many reliable reports from the major media on the potential dangers of microchips, click here.


China Enacting a High-Tech Plan to Track People
2007-08-12, New York Times
http://www.nytimes.com/2007/08/12/business/worldbusiness/12security.html?ex=1...

At least 20,000 police surveillance cameras are being installed along streets here [in Shenzhen] in southern China and will soon be guided by sophisticated computer software from an American-financed company to recognize automatically the faces of police suspects and detect unusual activity. Starting this month in a port neighborhood and then spreading across Shenzhen, a city of 12.4 million people, residency cards fitted with powerful computer chips programmed by the same company will be issued to most citizens. Data on the chip will include not just the citizen’s name and address but also work history, educational background, religion, ethnicity, police record, medical insurance status and landlord’s phone number. Even personal reproductive history will be included, for enforcement of China’s controversial “one child” policy. Plans are being studied to add credit histories, subway travel payments and small purchases charged to the card. Security experts describe China’s plans as the world’s largest effort to meld cutting-edge computer technology with police work to track the activities of a population. But they say the technology can be used to violate civil rights. “We have a very good relationship with U.S. companies like I.B.M., Cisco, H.P., Dell,” said Robin Huang, the chief operating officer of China Public Security. “All of these U.S. companies work with us to build our system together.” The role of American companies in helping Chinese security forces has periodically been controversial in the United States. Executives from Yahoo, Google, Microsoft and Cisco Systems testified in February 2006 at a Congressional hearing called to review whether they had deliberately designed their systems to help the Chinese state muzzle dissidents on the Internet; they denied having done so.


US doles out millions for street cameras
2007-08-12, Boston Globe
http://www.boston.com/news/nation/articles/2007/08/12/us_doles_out_millions_f...

The Department of Homeland Security is funneling millions of dollars to local governments nationwide for purchasing high-tech video camera networks, accelerating the rise of a "surveillance society" in which the sense of freedom that stems from being anonymous in public will be lost, privacy rights advocates warn. The department ... has doled out millions on surveillance cameras, transforming city streets and parks into places under constant observation. A Globe [investigation] shows that a large number of new surveillance systems, costing at least tens and probably hundreds of millions of dollars, are being simultaneously installed around the country as part of homeland security grants. Federal money is helping New York, Baltimore, and Chicago build massive surveillance systems that may also link thousands of privately owned security cameras. Boston has installed about 500 cameras in the MBTA system, funded in part with homeland security funds. Marc Rotenberg, director of the Electronic Privacy Information Center, said [the] Homeland Security Department is the primary driver in spreading surveillance cameras, making their adoption more attractive by offering federal money to city and state leaders. The proliferation of cameras could mean that Americans will feel less free because legal public behavior -- attending a political rally, entering a doctor's office, or even joking with friends in a park -- will leave a permanent record, retrievable by authorities at any time.


Same Agencies to Run, Oversee Surveillance Program
2007-08-07, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR20070806013...

The Bush administration plans to leave oversight of its expanded foreign eavesdropping program to the same government officials who supervise the surveillance activities and to the intelligence personnel who carry them out, senior government officials said yesterday. The law, which permits intercepting Americans' calls and e-mails without a warrant if the communications involve overseas transmission, gives Director of National Intelligence Mike McConnell and Attorney General Alberto R. Gonzales responsibility for creating the broad procedures determining whose telephone calls and e-mails are collected. It also gives McConnell and Gonzales the role of assessing compliance with those procedures. The law ... does not contain provisions for outside oversight -- unlike an earlier House measure that called for audits every 60 days by the Justice Department's inspector general. The controversial changes to the 1978 Foreign Intelligence Surveillance Act were approved by both chambers of the Democratic-controlled Congress despite privacy concerns raised by Democratic leaders and civil liberties advocacy groups. Central to the new program is the collection of foreign intelligence from "communication service providers," which the officials declined to identify, citing secrecy concerns. Under the new law, the attorney general is required to draw up the governing procedures for surveillance activity, for approval by the Foreign Intelligence Surveillance Court. Once the procedures are established, the attorney general and director of national intelligence will formally certify that the collection of data is authorized. But the certification will be placed under seal "unless the certification is necessary to determine the legality of the acquisition," according to the law signed by Bush.


Bush administration defends spy law
2007-08-07, Los Angeles Times
http://www.latimes.com/news/la-na-intel7aug07,0,1631228.story

The Bush administration rushed to defend new espionage legislation Monday amid growing concern that the changes could lead to increased spying by U.S. intelligence agencies on American citizens. But officials declined to provide details about how the new capabilities might be used by the National Security Agency and other spy services. And in many cases, they could point only to internal monitoring mechanisms to prevent abuse of the new rules that appear to give the government greater authority to tap into the traffic flowing across U.S. telecommunications networks. Officials rejected assertions that the new capabilities would enable the government to cast electronic "drift nets" that might ensnare U.S. citizens [and] that the new legislation would amount to the expansion of a controversial — and critics contend unconstitutional — warrantless wiretapping program that President Bush authorized after the 9/11 attacks. Intelligence experts said there were an array of provisions in the new legislation that appeared to make it possible for the government to engage in intelligence-collection activities that the Bush administration officials were discounting. "They are trying to shift the terms of the debate to their intentions and away from the meaning of the new law," said Steven Aftergood, an intelligence policy analyst at the Federation of American Scientists. "The new law gives them authority to do far more than simply surveil foreign communications abroad," he said. "It expands the surveillance program beyond terrorism to encompass foreign intelligence. It permits the monitoring of communications of a U.S. person as long as he or she is not the primary target. And it effectively removes judicial supervision of the surveillance process."


The Fear of Fear Itself
2007-08-07, New York Times
http://www.nytimes.com/2007/08/07/opinion/07tue1.html?ex=1344139200&en=69538e...

It was appalling to watch over the last few days as Congress — now led by Democrats — caved in to yet another unnecessary and dangerous expansion of President Bush’s powers, this time to spy on Americans in violation of basic constitutional rights. Many of the 16 Democrats in the Senate and 41 in the House who voted for the bill said that they had acted in the name of national security, but the only security at play was their job security. What [do] the Democrats ... plan to do with their majority in Congress if they are too scared of Republican campaign ads to use it to protect the Constitution and restrain an out-of-control president[?] The White House and its allies on Capitol Hill railroaded Congress into voting a vast expansion of the president’s powers. They gave the director of national intelligence and the attorney general authority to intercept — without warrant, court supervision or accountability — any telephone call or e-mail message that moves in, out of or through the United States as long as there is a “reasonable belief” that one party is not in the United States. While serving little purpose, the new law has real dangers. It would allow the government to intercept, without a warrant, every communication into or out of any country, including the United States. The Democratic majority has made strides on other issues like children’s health insurance against White House opposition. As important as these measures are, they do not excuse the Democrats from remedying the damage Mr. Bush has done to civil liberties and the Bill of Rights. That is their most important duty.


Bush Signs Law to Widen Legal Reach for Wiretapping
2007-08-06, New York Times
http://www.nytimes.com/2007/08/06/washington/06nsa.html?ex=1344052800&en=5e75...

President Bush signed into law ... legislation that broadly [expands] the government’s authority to eavesdrop on the international telephone calls and e-mail messages of American citizens without warrants. The law [goes] far beyond the small fixes that administration officials had said were needed to gather information about foreign terrorists [and will] sharply alter the legal limits on the government’s ability to monitor millions of phone calls and e-mail messages going in and out of the United States. The new law for the first time [provides] a legal framework for much of the surveillance without warrants that was being conducted in secret by the National Security Agency and outside the Foreign Intelligence Surveillance Act, the 1978 law that is supposed to regulate the way the government can listen to the private communications of American citizens. “This more or less legalizes the N.S.A. program,” said Kate Martin, director of the Center for National Security Studies in Washington. Previously, the government needed search warrants approved by a special intelligence court to eavesdrop on ... electronic communications between individuals inside the United States and people overseas. The new law gives the attorney general and the director of national intelligence the power to approve the international surveillance, rather than the special intelligence court. The law also gave the administration greater power to force telecommunications companies to cooperate with such spying operations. The companies can now be compelled to cooperate by orders from the attorney general and the director of national intelligence.


In Bush we trust - or else
2007-08-05, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/08/05/EDJFRB8AF1.DTL

President Bush's latest affront to the U.S. Constitution [is] in plain view on the White House Web site: "Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq." This far-reaching order ... is a frontal assault on the Fifth Amendment, which decrees that the government cannot seize an individual's property without due process. [The order asserts] the authority to freeze the American assets of anyone who directly or indirectly assists someone who poses "a significant risk" [to] the "peace and stability" of [Iraq] or the reconstruction effort. "On its face, this is the greatest encroachment on civil liberties since the internment of Japanese Americans in World War II," said Bruce Fein, a constitutional lawyer who was a deputy attorney general in the Reagan administration. Fein said the sanctions against suspected violators would amount to "a financial death penalty. King George III really would have been jealous of this power." The executive order not only calls for the freezing of assets of anyone who directly or indirectly [opposes US policy in Iraq,] it prohibits anyone else from providing "funds, goods or services" to a blacklisted individual. In other words, a friend or relative could have his or her assets seized for trying to help someone whose bank account is suddenly frozen. An attorney who offered legal help could risk losing everything he or she owned. Then again, there's not much need for lawyers in the world of this executive order. The blacklist would be drawn up by the "secretary of treasury, in consultation with the secretary of state and the secretary of defense." The Fifth Amendment was written for good reason: It's dangerous to give the government unchecked authority to seize private property without judicial review.


A Push to Rewrite Wiretap Law
2007-08-01, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/31/AR20070731018...

The Bush administration is pressing Congress this week for the authority to intercept, without a court order, any international phone call or e-mail between a surveillance target outside the United States and any person in the United States. It would also give the attorney general sole authority to order the interception of communications for up to one year as long as he certifies that the surveillance is directed at a person outside the United States. Civil liberties and privacy groups have denounced the administration's proposal, which they say would effectively allow the National Security Agency to revive a warrantless surveillance program conducted in secret from 2001 until late 2005. They say it would also give the government authority to force carriers to turn over any international communications into and out of the United States without a court order. An unstated facet of the program is that anyone the foreigner is calling inside the United States, as long as that person is not the primary target, would also be wiretapped. Caroline Fredrickson, director of the ACLU's Washington legislative office [said], "What the administration is really going after is the Americans. Even if the primary target is overseas, they want to be able to wiretap Americans without a warrant." The proposal would also allow the NSA to ... have access to the entire stream of communications without the phone company sorting, said Kate Martin, director of the Center for National Security Studies. "It's a 'trust us' system," she said. "Give us access and trust us."


NSA Spying Part of Broader Effort
2007-08-01, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/31/AR20070731021...

The Bush administration's chief intelligence official said yesterday that President Bush authorized a series of secret surveillance activities under a single executive order in late 2001. The disclosure makes clear that a controversial National Security Agency program was part of a much broader operation than the president previously described. The disclosure by Mike McConnell [is] the first time that the administration has publicly acknowledged that Bush's order included undisclosed activities beyond the warrantless surveillance of e-mails and phone calls that Bush confirmed in December 2005. McConnell [disclosed] that the executive order following the Sept. 11, 2001 attacks included "a number of . . . intelligence activities" and that a name routinely used by the administration -- the Terrorist Surveillance Program -- applied only to "one particular aspect of these activities, and nothing more. This is the only aspect of the NSA activities that can be discussed publicly, because it is the only aspect of those various activities whose existence has been officially acknowledged." News reports ... have detailed a range of activities linked to the program, including the use of data mining to identify surveillance targets and the participation of telecommunication companies in turning over millions of phone records. Kate Martin ... of the Center for National Security Studies, said the new disclosures show that ... administration officials have "repeatedly misled the Congress and the American public" about the extent of NSA surveillance efforts. "They have repeatedly tried to give the false impression that the surveillance was narrow and justified," Martin said. "Why did it take accusations of perjury before the DNI disclosed that there is indeed other, presumably broader and more questionable, surveillance?"


It's time to check the balance of power
2007-07-29, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/07/29/ING0UR6C1D1.DTL

Since 9/11, President Bush's repeated assaults on the Constitution and celebration of international lawlessness ... have needlessly made Americans less safe. The president, for example, has flouted the Foreign Intelligence Surveillance Act in intercepting the conversations and e-mails of American citizens on American soil on his say-so alone. He has claimed authority to break into and enter our homes, open our mail and commit torture. He has insisted that the entire United States is a battlefield -- even pizza parlors -- where lethal military force may be employed to kill ... suspects with bombs or missiles. He has detained citizens and noncitizens alike as enemy combatants based on secret evidence. And he has insisted that he is constitutionally empowered to keep U.S. troops in Iraq indefinitely. Congress should restore the Constitution's checks and balances and protections against government abuses. The most frightening of Bush's abuses travels under the banner of "extraordinary rendition." In its name, Bush has kidnapped, secretly imprisoned, and tortured. The practice is what would be expected of dictators such as the Soviet Union's Joseph Stalin or Iraq's Saddam Hussein. The detainees are held incommunicado without accusation or trial. No judge reviews the allegedly incriminating evidence. No law restricts interrogation methods or the conditions of confinement. And the innocent are left without recourse as "collateral damage" in Bush's ... global [war on terrorism].

Note: The author, Bruce Fein, served as Associate Attorney General under President Reagan.


FBI Proposes Building Network of U.S. Informants
2007-07-25, ABC News blog
http://blogs.abcnews.com/theblotter/2007/07/fbi-proposes-bu.html

The FBI is taking cues from the CIA to recruit thousands of covert informants in the United States as part of a sprawling effort to boost its intelligence capabilities. According to a recent unclassified report to Congress, the FBI expects its informants to provide secrets about possible terrorists and foreign spies, although some may also be expected to aid with criminal investigations, in the tradition of law enforcement confidential informants. The FBI said the push was driven by a 2004 directive from President Bush ordering the bureau to improve its counterterrorism efforts by boosting its human intelligence capabilities. The aggressive push for more secret informants appears to be part of a new effort to grow its intelligence and counterterrorism efforts. Other recent proposals include expanding its collection and analysis of data on U.S. persons, retaining years' worth of Americans' phone records and even increasing so-called "black bag" secret entry operations. To handle the increase in so-called human sources, the FBI also plans to overhaul its database system, so it can manage records and verify the accuracy of information from "more than 15,000" informants, according to the document. The bureau has arranged to use elements of CIA training to teach FBI agents about "Source Targeting and Development," the report states. The courses will train FBI special agents on the "comprehensive tradecraft" needed to identify, recruit and manage these "confidential human sources."


Destabilizing Iraq, Broadly Defined
2007-07-23, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/22/AR20070722011...

Be careful what you say and whom you help -- especially when it comes to the Iraq war and the Iraqi government. President Bush issued an executive order last week titled "Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq." It could be interpreted as targeting the financial assets of any American who directly or indirectly aids someone who has committed or "poses a significant risk of committing" violent acts "threatening the peace or stability of Iraq" or who undermines "efforts to promote economic reconstruction and political reform" in the war-torn country. The text of the order, if interpreted broadly, could cast a far bigger net to include not just those who commit violent acts or pose the risk of doing so in Iraq, but also third parties -- such as U.S. citizens in this country -- who knowingly or unknowingly aid or encourage such people. The targeting of not just those who support perpetrators of violence but also those who support individuals who "pose a significant risk" of committing violence goes far beyond normal legal language related to intent and could be applied in a highly arbitrary manner, said Bruce Fein, a senior Justice Department official in the Reagan administration. Fein also questioned the executive order's inclusion of third parties, such as U.S. citizens who assist, sponsor or make "any contribution or provision of funds, goods, or services" to assist people on the Treasury list. "What about a lawyer hired to get someone off the list?" Fein asked. The Treasury Department's Office of Foreign Assets Control keeps a "Specially Designated Nationals and Blocked Persons" roll that includes those covered by several such executive orders. It most recently ran to 276 pages.

Note: To read the full text of the Executive Order, "Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq," click here.


Alarm at US right to highly personal data
2007-07-22, The Observer (U.K.)
http://observer.guardian.co.uk/uk_news/story/0,,2132099,00.html

Highly sensitive information about the religious beliefs, political opinions and even the sex life of Britons travelling to the United States is to be made available to US authorities when the European Commission agrees to a new system of checking passengers. The EC is in the final stages of agreeing a new Passenger Name Record system with the US which will allow American officials to access detailed biographical information about passengers entering international airports. Civil liberty groups warn it will have serious consequences for European passengers. In a strongly worded document drawn up in response to the plan that will affect the 4 million-plus Britons who travel to the US every year, the EU parliament said it 'notes with concern that sensitive data (ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning the health or sex life of individuals) will be made available to the DHS.' The US will be able to hold the records of European passengers for 15 years compared with the current three year limit. The EU parliament said it was concerned the data would lead to 'a significant risk of massive profiling and data mining, which is incompatible with basic European principles and is a practice still under discussion in the US congress.' Peter Hustinx, the European Data Protection Supervisor, has written to the EC expressing his 'grave concern' at the plan, which he describes as 'without legal precedent' and one that puts 'European data protection rights at risk'. Hustinx warns: 'Data on EU citizens will be readily accessible to a broad range of US agencies and there is no limitation to what US authorities are allowed to do with the data.'


In Intelligence World, A Mute Watchdog
2007-07-15, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/14/AR20070714008...

An independent oversight board created to identify intelligence abuses after the CIA scandals of the 1970s did not send any reports to the attorney general of legal violations during the first 5 1/2 years of the Bush administration's counterterrorism effort, the Justice Department has told Congress. The President's Intelligence Oversight Board -- the principal civilian watchdog of the intelligence community -- is obligated under a 26-year-old executive order to tell the attorney general and the president about any intelligence activities it believes "may be unlawful." The board was vacant for the first two years of the Bush administration. The board's mandate is to provide independent oversight, so the absence of such communications has prompted critics to question whether the board was doing its job. "It's now apparent that the IOB was not actively employed in the early part of the administration. And it was a crucial period when its counsel would seem to have been needed the most," said Anthony Harrington, who served as the board's chairman for most of the Clinton administration. Senate Judiciary Committee chairman Patrick J. Leahy (D-Vt.) added: "It is deeply disturbing that this administration seems to spend so much of its energy and resources trying to find ways to ignore any check and balance on its authority and avoid accountability to Congress and the American public."


'Code Orange' for press freedom
2007-07-15, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/07/15/EDGU9R0PAC1.DTL

The arguments against a federal shield law might be frightening if they were not so ludicrous. There are two ways to reassure yourself that legislation to allow journalists to protect the identity of confidential sources will not be exploited by terrorists, thugs, identity thieves, sleazy sleuths and anarchists who expose trade secrets. One is to look at the experience of 49 state laws that grant varying levels of protection for journalists using anonymous sources. The other is to read the bill. "The Free Flow of Information Act of 2007,'' sponsored by Reps. Mike Pence, R-Ind., and Rick Boucher, D-Va., does not provide an absolute right for journalists to protect their sources. Under their HR2102, a journalist could be forced by the courts to reveal his or her source if the disclosure involved: -- A threat to national security. -- A threat of imminent death or significant [bodily] harm to a person. -- A trade secret of significant value. -- Personal financial or health information. [The] Justice Department, which has wielded subpoenas and threats of jail time against journalists in pursuing government leaks, has never liked the idea of a shield law. So it was hardly a surprise when it recently testified against HR2102. What was eye-poppingly outrageous was a Justice official's straight-faced attempt to suggest that criminals or terrorists would invoke the bill's protection for journalists to thwart prosecutors. "Totally absurd," House Judiciary Chairman John Conyers, D-Mich., said of the terrorism argument. However, the dangers that overzealous prosecutors pose to a free and independent press that Pence calls "essential to an informed" electorate are very real and growing. As Pence put it, "there may never be another Deep Throat" if whistle-blowers become worried that journalists cannot keep a promise of confidentiality.


FBI Plans Initiative To Profile Terrorists
2007-07-11, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR20070710018...

The Federal Bureau of Investigation is developing a computer-profiling system that would enable investigators to target possible terror suspects. The System to Assess Risk, or STAR, assigns risk scores to possible suspects based on a variety of information, similar to the way a credit bureau assigns a rating based on a consumer's spending behavior and debt. The program focuses on foreign suspects but also includes data about some U.S. residents. Some lawmakers said ... that the report raises new questions about the government's power to use personal information and intelligence without accountability. "The Bush administration has expanded the use of this technology, often in secret, to collect and sift through Americans' most sensitive personal information," said Sen. Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee. The use of data mining in the war on terror has sparked criticism. An airplane-passenger screening program called CAPPS II was revamped and renamed because of civil liberty concerns. An effort to collect Americans' personal and financial data called Total Information Awareness was killed. Law enforcement and national security officials have continued working on other programs to use computers to sift through information for signs of threats. The Department of Homeland Security, for example, flags travelers entering and leaving the United States who may be potential suspects through a risk-assessment program called the Automated Targeting System.


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