Saturday, December 15, 2007

Drug war and terrorism war as excuses for expanded government surveillance Interesting article in tomorrow's New York Times: Wider Spying Fuels Aid Plan for Telecom Industry by Eric Lightblau, James Risen and Scott Shane. We've long talked about the increase in government abuse of Constitutional rights and privacy in the name of the drug war. With 911, terrorism was added to the mix, with each feeding the other in terms of giving the government excuses to ask for, or take, more power. Recent revelations are showing just how much the drug war and terrorism war are tools in the search for greater authoritarian reach. The N.S.A.'s reliance on telecommunications companies is broader and deeper than ever before, according to government and industry officials, yet that alliance is strained by legal worries and the fear of public exposure. To detect narcotics trafficking, for example, the government has been collecting the phone records of thousands of Americans and others inside the United States who call people in Latin America, according to several government officials who spoke on the condition of anonymity because the program remains classified. And this began before 911. The government's dependence on the phone industry, driven by the changes in technology and the Bush administration's desire to expand surveillance capabilities inside the United States, has grown significantly since the Sept. 11 attacks. The N.S.A., though, wanted to extend its reach even earlier. In December 2000, agency officials wrote a transition report to the incoming Bush administration, saying the agency must become a "powerful, permanent presence" on the commercial communications network, a goal that they acknowledged would raise legal and privacy issues. [..] In the drug-trafficking operation, the N.S.A. has been helping the Drug Enforcement Administration in collecting the phone records showing patterns of calls between the United States, Latin America and other drug-producing regions. The program dates to the 1990s, according to several government officials, but it appears to have expanded in recent years. Interestingly, the demands went far enough to set off warning bells within some companies. At least one major phone carrier -- whose identity could not be confirmed -- refused to cooperate, citing concerns in 2004 that the subpoenas were overly broad, government and industry officials said. The executives also worried that if the program were exposed, the company would face a public-relations backlash. The D.E.A. declined to comment on the call-tracing program, except to say that it "exercises its legal authority" to issue administrative subpoenas. The N.S.A. also declined to comment on it. On Monday, the Senate will discuss a bill to grant immunity to the telecom companies for spying on Americans (thereby essentially shutting down any chance of finding out the truth about government abuses). [Thanks, Tom] Update: More from Glenn Greenwald who has been indispensable on this topic. 8:32:03 PM |  drug policy | Links | permalink | comment []

December 15, 1791 (updated) Bill of Rights ratified Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. These are not just political exercises, or arcane matters of historical law to be debated by people in robes. These are the living, breathing representation of the self-evident fact that people are endowed with unalienable rights. Government that violates, ignores, devalues, or weakens these rights has lost its legitimacy and can no longer be respected as a bona fide government of the people. Update: This is a little closer to the current situation, although I may have missed a couple. Amendment I Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances, and the Supreme Court may end up blocking some of them. Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed by bullets from drug task forces. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall generally not be violated unless desired by the police, and no warrants shall issue, but upon probable cause rubber stamp, supported by oath or affirmation the uncorroborated word of a snitch, and particularly describing the place to be searched or a similar house in the neighborhood, and the fact that any or all persons or things are to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice more than five times put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself except by the threat of excessive prison terms, nor be deprived of life, liberty, or property, without due process of law a pretty good reason; nor shall private property be taken for public use, without just compensation or a receipt. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to be given the option of taking their chances of getting lots of extra prison time through a speedy and public trial, by an impartial a jury willing to follow prosecutor orders of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Federal law may prohibit the presentation of facts within a trial. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor and cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people, unless the United States wants to use them. 12:41:50 PM |  drug policy | Links | permalink | comment []