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A member of parliament in Iceland who is also a former WikiLeaks volunteer says the US justice department has ordered Twitter to hand over her private messages. Birgitta Jonsdottir, an MP for the Movement in Iceland, said last night on Twitter that the "USA government wants to know about all my tweets and more since november 1st 2009. Do they realize I am a member of parliament in Iceland?" She said she was starting a legal fight to stop the US getting hold of her messages, after being told by Twitter that a subpoena had been issued. She added that the US authorities had requested personal information from Twitter as well as her private messages and that she was now assessing her legal position. "It's not just about my information. It's a warning for anyone who had anything to do with WikiLeaks. It is completely unacceptable for the US justice department to flex its muscles like this. I am lucky, I'm a representative in parliament. But what of other people? It's my duty to do whatever I can to stop this abuse."
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The growing use by the police of new technologies that make surveillance far easier and cheaper to conduct is raising difficult questions about the scope of constitutional privacy rights. The issue is whether the Fourth Amendment’s protection against unreasonable searches covers a device that records a suspect’s movements for weeks or months without any need for an officer to trail him. The GPS tracking dispute coincides with a burst of other technological tools that expand police monitoring abilities — including ... the widely discussed prospect of linking face-recognition computer programs to the proliferating number of surveillance cameras. Some legal scholars ... have called for a fundamental rethinking of how to apply Fourth Amendment privacy rights in the 21st century. Traditionally, courts have held that the Fourth Amendment does not cover the trailing of a suspect because people have no expectation of privacy for actions exposed to public view. On [August 12], five judges on the San Francisco appeals court dissented from a decision not to re-hear a ruling upholding the warrantless use of GPS trackers. Chief Judge Alex Kozinski characterized the tactic as “creepy and un-American” and contended that its capabilities handed “the government the power to track the movements of every one of us, every day of our lives.”
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It is just a technical matter, the Obama administration says: We just need to make a slight change in a law to make clear that we have the right to see the names of anyone’s e-mail correspondents and their Web browsing history without the messy complication of asking a judge for permission. It is far more than a technical change. The administration’s request, reported [on July 29] in The Washington Post, is an unnecessary and disappointing step backward toward more intrusive surveillance from a president who promised something very different during the 2008 campaign. To get this information, the F.B.I. simply has to ask for it in the form of a national security letter, which is an administrative request that does not require a judge’s signature. The F.B.I. used these letters hundreds of thousands of times to demand records of phone calls and other communications, and the Pentagon used them to get records from banks and consumer credit agencies. Internal investigations of both agencies found widespread misuse of the power, and little oversight into how it was wielded. President Obama campaigned for office on an explicit promise to rein in these abuses. But instead of implementing reasonable civil liberties protections, like taking requests for e-mail surveillance before a judge, the administration is proposing changes to the law that would allow huge numbers of new electronic communications to be examined with no judicial oversight.
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The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions. E-mails obtained by The Washington Post detail how counterterrorism officials inside FBI headquarters did not follow their own procedures that were put in place to protect civil liberties. A Justice Department inspector general's report due out this month is expected to conclude that the FBI frequently violated the law with its emergency requests. FBI officials said they thought that nearly all of the requests involved terrorism investigations. FBI general counsel Valerie Caproni said ... that the FBI technically violated the Electronic Communications Privacy Act when agents invoked nonexistent emergencies to collect records.
Note: The FBI, by admitting that "nearly all" of the phone records they obtained were related to "terrorism investigations," make it clear that some were not. But they used claims of "terrorism emergency" to obtain them. These they then assert were merely "technical" violations. For many disturbing reports from major media sources on the increasing threats to civil liberties under the pretext of the "war on terrorism," click here.
The Department of Homeland Security is finalizing a proposal to collect fingerprints or eye scans from all foreign travelers at U.S. airports as they leave the country, officials said, a costly screening program that airlines have opposed. The plan ... would collect fingerprints at airport security checkpoints, departure gates or terminal kiosks, allowing the government to track when roughly 35 million foreign visitors a year. In a concession to industry, DHS said it probably will drop plans to require airlines to pay for the bulk of the program and is looking to cut costs, which could reach $1 billion to $2 billion over a decade, largely to be paid by taxpayers or foreign travelers. In addition, the program would not operate for now at land borders, where 80 percent of noncitizens enter and leave the country, because fingerprinting travelers there could cost billions more and significantly delay commerce. Congress focused on inbound travelers after the [September 11, 2001 attacks,] appropriating $3 billion since 2003 on the US-VISIT tracking program. The program collects biological identifiers, such as fingerprints and digital photographs, from all arriving foreigners except Canadians and Mexicans with special border-crossing cards. By the time Bush administration officials unveiled a $3.5 billion program in April 2008, however, political impetus for changes had weakened.
Note: For many reports from major media sources of growing government threats to civil liberties, click here.
Shares of VeriChip Corp tripled after the company said it had been granted an exclusive license to two patents, which will help it to develop implantable virus detection systems in humans. The patents, held by VeriChip partner Receptors LLC, relate to biosensors that can detect the H1N1 and other viruses. The technology will combine with VeriChip's implantable radio frequency identification devices to develop virus triage detection systems. The triage system will provide multiple levels of identification -- the first will identify the agent as virus or non-virus, the second level will classify the virus and alert the user to the presence of pandemic threat viruses and the third level will identify the precise pathogen, VeriChip said in a white paper published May 7, 2009. Shares of VeriChip were up 186 percent.
Note: Beware of efforts to scare you into getting microchipped for your own safety. Click here for more on this. For more on pharmaceutical corporation profiteering from swine flu vaccines, click here.
The Obama administration will largely preserve Bush-era procedures allowing the government to search -- without suspicion of wrongdoing -- the contents of a traveler's laptop computer, cellphone or other electronic device. The policy, disclosed ... in a pair of Department of Homeland Security directives, describes more fully than did the Bush administration the procedures by which travelers' laptops, iPods, cameras and other digital devices can be searched and seized when they cross a U.S. border. And it sets time limits for completing searches. Representatives of civil liberties and travelers groups say they see little substantive difference between the Bush-era policy, which prompted controversy, and this one. "It's a disappointing ratification of the suspicionless search policy put in place by the Bush administration," said Catherine Crump, staff attorney for the American Civil Liberties Union. "It doesn't deal with the fundamental problem, which is that under the policy, government officials are free to search people's laptops and cellphones for any reason whatsoever." "Under the policy begun by Bush and now continued by Obama, the government can open your laptop and read your medical records, financial records, e-mails, work product and personal correspondence -- all without any suspicion of illegal activity," said Elizabeth Goitein, who leads the liberty and national security project at the nonprofit Brennan Center for Justice.
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Internet "black boxes" will be used to collect every email and web visit in the UK under the Government's plans for a giant "big brother" database, The Independent has learnt. Home Office officials have told senior figures from the internet and telecommunications industries that the "black box" technology could automatically retain and store raw data from the web before transferring it to a giant central database controlled by the Government. Plans to create a database holding information about every phone call, email and internet visit made in the UK have provoked a huge public outcry. Richard Thomas, the Information Commissioner, described it as "step too far" and the Government's own terrorism watchdog said that as a "raw idea" it was "awful". News that the Government is already preparing the ground by trying to allay the concerns of the internet industry is bound to raise suspicions about ministers' true intentions. Further details of the database emerged on Monday at a meeting of internet service providers (ISPs) in London where representatives from BT, AOL Europe, O2 and BSkyB were given a PowerPoint presentation of the issues and the technology surrounding the Government's Interception Modernisation Programme (IMP), the name given by the Home Office to the database proposal. "It was clear the 'back box' is the technology the Government will use to hold all the data. But what isn't clear is what the Home Secretary, GCHQ and the security services intend to do with all this information in the future," said a source close to the meeting.
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Hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia. "These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones," said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA's Back Hall at Fort Gordon from November 2001 to 2003. She said US military officers, American journalists and American aid workers were routinely intercepted and "collected on" as they called their offices or homes in the United States. Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad's Green Zone from late 2003 to November 2007. Both former intercept operators came forward at first to speak with investigative journalist [James] Bamford for a book on the NSA, The Shadow Factory, to be published next week. "It's extremely rare," said Bamford, who has written two previous books on the NSA, including the landmark Puzzle Palace which first revealed the existence of the super secret spy agency. "Both of them felt that what they were doing was illegal and improper, and immoral, and it shouldn't be done, and that's what forces whistleblowers."
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The Bush administration has overturned a 22-year-old policy and now allows customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, civil rights lawyers in San Francisco said Tuesday in releasing records obtained in a lawsuit. The records also indicate that the government gives customs agents unlimited authority to question travelers about their religious beliefs and political opinions, said lawyers from the Asian Law Caucus and the Electronic Frontier Foundation. They said they had asked the Department of Homeland Security for details of any policy that would guide or limit such questioning and received no reply. "We're concerned that people of South Asian or Muslim-looking background are being targeted inappropriately" for questioning and searches, said Asian Law Caucus attorney Shirin Sinnar. The Bay Area legal groups filed a Freedom of Information Act suit against the government in February, seeking documents on the policies that govern searches and questioning of international travelers. The organizations said they had received more than 20 complaints in the previous year, mostly from South Asians and Muslims. The travelers said customs agents regularly singled them out when they returned from abroad, looked at their papers and laptop computers, and asked them such questions as whom they had seen on their trips, whether they attended mosques and whether they hated the U.S. government.
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On a cloudless spring day, the NYPD helicopter soars over the city, its sights set on the Statue of Liberty. A dramatic close-up of Lady Liberty's frozen gaze fills one of three flat-screen computer monitors mounted on a console. Hundreds of sightseers below are oblivious to the fact that a helicopter is peering down on them from a mile and a half away. "They don't even know we're here," said crew chief John Diaz, speaking into a headset over the din of the aircraft's engine. The helicopter's unmarked paint job belies what's inside: an arsenal of sophisticated surveillance and tracking equipment powerful enough to read license plates — or scan pedestrians' faces — from high above the nation's largest metropolis. "It looks like just another helicopter in the sky," said Assistant Police Chief Charles Kammerdener, who oversees the department's aviation unit. Police Commissioner Raymond Kelly has said that no other U.S. law enforcement agency "has anything that comes close" to the surveillance chopper, which was designed by engineers at Bell Helicopter and computer technicians based on NYPD specifications. The $10 million helicopter is just part of the department's efforts to adopt cutting-edge technology for its [surveillance] operations. The NYPD also plans to spend tens of millions of dollars strengthening security in the lower Manhattan business district with a network of closed-circuit television cameras and license-plate readers posted at bridges, tunnels and other entry points. Civil rights advocates are skeptical about the push for more surveillance, arguing it reflects the NYPD's evolution into ad hoc spy agency.
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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.
Here's a vision of the not-so-distant future: Microchips with antennas will be embedded in virtually everything you buy, wear, drive and read, allowing retailers and law enforcement to track consumer items -- and, by extension, consumers -- wherever they go, from a distance. A seamless, global network of electronic "sniffers" will scan radio tags in myriad public settings, identifying people and their tastes instantly so that customized ads, "live spam," may be beamed at them. In "Smart Homes," sensors built into walls, floors and appliances will inventory possessions, record eating habits, monitor medicine cabinets -- all the while, silently reporting data to marketers eager for a peek into the occupants' private lives. Science fiction? In truth, much of the radio frequency identification [RFID] technology that enables objects and people to be tagged and tracked wirelessly already exists -- and new and potentially intrusive uses of it are being patented, perfected and deployed. Some of the world's largest corporations are vested in the success of RFID technology, which couples highly miniaturized computers with radio antennas to broadcast information about sales and buyers to company databases. Already, microchips are turning up in some computer printers, car keys and tires, on shampoo bottles and department store clothing tags. They're also in library books and "contactless" payment cards. With tags in so many objects, relaying information to databases that can be linked to credit and bank cards, almost no aspect of life may soon be safe from the prying eyes of corporations and governments, says Mark Rasch, former head of the computer-crime unit of the U.S. Justice Department.
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For the last four years, two robot rovers operated from the Jet Propulsion Laboratory in La Canada Flintridge have been moving across the surface of Mars, taking photographs and collecting information. It's an epic event in the history of exploration, one of many for which JPL's 7,000 civilian scientists and engineers are responsible -- when they're not fending off the U.S. government's attempts to conduct an intimidating and probably illegal inquisition into the intimate details of their lives. The problem began -- as so many have -- in the security mania that gripped the Bush administration after 9/11. Presidential Directive No. 12, issued by the Department of Homeland Security, directed federal agencies to adopt a uniform badge that could be used by employees and contractors to gain access to government facilities. NASA Administrator Michael Griffin ... directed Caltech, which has a contract to run JPL for NASA, to make sure all of the lab's employees complied. The government demanded that the scientists, in order to get the badges, fill out questionnaires on their personal lives and waive the privacy of their financial, medical and psychiatric records. The government also wanted permission to gather information about them by interviewing third parties. Twenty-eight of JPL's senior scientists sued in federal court to stop the government and Caltech from forcing them to agree to the background checks as the price of keeping their jobs. They point out that Griffin is one of those who remain skeptical that human actions contribute to global warming, and that some of JPL's near-Earth science has played a critical role in establishing the empirical case to the contrary. They see the background checks as the first step toward establishing a system of intimidation that might be used to silence inconvenient science.
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Transcript: [Suzanne] MALVEAUX: A Texas mystery solved -- at least partially. We now know Houston police are going to start using unmanned drone aircraft. But the question remains, well, for what? Stephen Dean of CNN affiliate KPRC has got an exclusive look. STEPHEN DEAN, KPRC CORRESPONDENT (voice-over): HPD [Houston Police Dept.], the federal Department of Homeland Security and other invited guests all watching to see how this drone could be used for police work in and around Houston. We tracked that drone from News Chopper 2. And that drone was able to use a high-powered camera to track us. Those cameras can actually look into people's homes or even follow them in moving cars -- which raises all sorts of new questions. HPD quickly hustled together a news conference when it realized our cameras were there for the entire secret test. Executive Assistant Chief Martha Mantabo admits that could mean covert police action. But she says it's too early to tell what else HPD will do with the aircraft. We asked, are these drones headed for ticketing speeders from the sky? MONTALVO: I'm not ruling anything out. DEAN: Back at the secret test site, police helicopter pilots claimed the entire air space was restricted and even threatened our local 2 Investigates pilot with action from the FAA if we didn't leave. But we checked with FAA several times and there never was a flight restriction. That leaves some to wonder whether the police are now ready to use terrorism fears since 911 to push the envelope further into our private lives.
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According to a former AT&T employee, the government has warrantless access to a great deal of Internet traffic should they care to take a peek. As information is traded between users it flows also into a locked, secret room on the sixth floor of AT&T's San Francisco offices and other rooms around the country -- where the U.S. government can sift through and find the information it wants, former AT&T employee Mark Klein alleged Wednesday at a press conference on Capitol Hill. "An exact copy of all Internet traffic that flowed through critical AT&T cables -- e-mails, documents, pictures, Web browsing, voice-over-Internet phone conversations, everything -- was being diverted to equipment inside the secret room," he said. Klein ... said that as an AT&T technician overseeing Internet operations in San Francisco, he helped maintain optical splitters that diverted data en route to and from AT&T customers. One day he found that the splitters were hard-wired into a secret room on the sixth floor. Documents he obtained [from] AT&T showed that highly sophisticated data mining equipment was kept there. Conversations he had with other technicians and the AT&T documents led Klein to believe there are 15 to 20 such sites nationwide, including in Seattle, Los Angeles, San Jose, San Diego and Atlanta, he said. Brian Reid, a former Stanford electrical engineering professor who appeared with Klein, said the NSA would logically collect phone and Internet data simultaneously because of the way fiber optic cables are intertwined. He said ... the system described by Klein suggests a "wholesale, dragnet surveillance." Of the major telecom companies, only Qwest is known to have rejected government requests for access to data. Former Qwest CEO Joseph Nacchio, appealing an insider trading conviction last month, said the government was seeking access to data even before Sept. 11.
The Halle Orchestra, one of Great Britain's oldest symphony orchestras, has not toured the United States in more than a decade, so spirits were high when the group secured dates at Lincoln Center and in Upstate New York for performances last winter. But when the orchestra learned that to get their entry visas, all 85 musicians -- every last cellist, oboist and piccolo player -- would have to travel from their Manchester headquarters to the U.S. Embassy in London for personal interviews, electronic fingerprinting and facial-recognition scans, it scrapped the trip. Budgeting for airfare and travel costs to New York was one thing, but simply getting everyone to the embassy at the same time, along with hotel bills and fees for the visas themselves, would have cost an additional $80,000, said marketing director Andy Ryans. "It was very simply money that we didn't have," Ryans explained. "We were desperate to go to the States, but our hands were absolutely tied." Theirs aren't the only ones. To perform in this country, foreign artists of all stripes -- punk rockers, ballet dancers, folk musicians, acrobats -- are funneled through a one-size-fits-all "nonimmigrant" visa process whose costs and complications have become prohibitive, according to booking agents, managers and presenters, such as the Kennedy Center, who program and market the performers. Visiting businesspeople face similar security hurdles put in place since Sept. 11, 2001. But artists' visa petitions also require substantial documentation to satisfy the "sustained international recognition" requirement for the type of visa (called a "P-1") issued to many performing artists. Arts organizations say they have become reluctant to book foreign performers because of the risk of bureaucratic snags. Soon after Sept. 11, the State Department rolled out its Biometric Visa Program, requiring all applicants to undergo fingerprinting and have photographs taken at the nearest U.S. consulate each time they apply.
A former Qwest Communications International executive, appealing a conviction for insider trading, has alleged that the government withdrew opportunities for contracts worth hundreds of millions of dollars after Qwest refused to participate in an unidentified National Security Agency program that the company thought might be illegal. Former chief executive Joseph P. Nacchio, convicted in April of 19 counts of insider trading, said the NSA approached Qwest more than six months before the Sept. 11, 2001, attacks ... about participating in a warrantless surveillance program to gather information about Americans' phone records. In the court filings disclosed this week, Nacchio suggests that Qwest's refusal to take part in that program led the government to cancel a separate, lucrative contract with the NSA in retribution. He is using the allegation to try to show why his stock sale should not have been considered improper. He has claimed in court papers that he had been optimistic that Qwest would overcome weak sales because of the expected top-secret contract with the government. Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts. In May 2006, USA Today reported that the NSA had been secretly collecting the phone-call records of tens of millions of Americans, using data provided by major telecom firms. Qwest, it reported, declined to participate because of fears that the program lacked legal standing.
Note: The Bush Administration has claimed that the NSA surveillance of the American public was a necessary response to the attacks of 9/11. But this story reveals that the surveillance began before 9/11, shortly after Bush took office. The obvious question is, why? For many other reliable, verifiable reports that suggest the official explanation of the events of 9/11 is false, click here.
The Bush administration ... plans to turn again to a legal tool, the “state secrets” privilege, to try to stop a suit against a Belgian banking cooperative [known as Swift] that secretly supplied millions of private financial records to the United States government. The “state secrets” privilege, allowing the government to shut down litigation on national security grounds, was once rarely used. The Bush administration has turned to it more than 30 times, seeking to end public discussion of cases like the claims of an F.B.I. whistle-blower and the abduction of a German terrorism suspect. Most notably, the administration has sought to use the privilege to kill numerous suits against telecommunications carriers over the National Security Agency’s eavesdropping program. Swift is considered the nerve center of the global banking industry, routing trillions of dollars each day among banks, brokerage houses and other financial institutions. Its partnership with Washington ... gave Central Intelligence Agency and Treasury Department officials access to millions of records on international banking transactions. Months after the Sept. 11, 2001, attacks, Swift began turning over large chunks of its database in response to a series of unusually broad subpoenas from the Treasury Department. Two American banking customers ... sued Swift on invasion-of-privacy grounds. [Steven E. Schwarz, the lawyer for the plaintiffs, said the Swift program] “is an Orwellian example of government overreaching and unfettered access to private financial information that is not consistent with the values upon which our country was founded. We’ve seen a real erosion of the ‘state secrets’ privilege in the last year. I think it is from overuse. We’ve seen it used in record numbers, in situations where it was inappropriate, and the courts are starting to recognize that.”
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.
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