John Young provides us with a brief overview of the history, purpose and mission of his well-known website Cryptome.Org. He talks about the recent controversy involving Microsoft Corporation’s attempted legal action against Cryptome, and the temporary shutdown of the site by the ISP Network Solutions. He speaks to the importance of the free flow of information and challenging the governments’ self-serving secrecy as prerequisites for an informed citizenry and a functioning democracy, the importance of whistleblowers and anonymous disclosures, the existence of various trap websites, impostors and false flag operators to manipulate information, trick whistleblowers, and or plant specific propaganda, and more.

John Young is a New York based architect and online archivist who owns and operates Cryptome.Org, a website that functions as a repository for information about freedom of speech, cryptography, spying, and surveillance. In February 2010, the ISP Network Solutions shut down Mr. Young’s website after he posted a document summarizing Microsoft’s dealings with law enforcement agencies. Shortly after initiating legal action to suppress a document on how to subpoena online user data Microsoft withdrew the complaint, and the website was restored.

Here is our guest John Young unplugged!

 

 Interview with John Young [58:19m]: Play Now | Play in Popup | Download

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The Quest for Clearance

It was late spring 2007, and I had arrived right before sunset at Centerville’s new ‘in place’ for the 30 something techie crowd. I was supposed to meet two friends there, have a drink, and then head to the restaurant next door for an early dinner. As soon as I walked in I spotted both of them, and a third person, a man in his early thirties whom I’d never met before, I’ll call him ‘Joe,’ and headed towards their table. After brief introductions the trio resumed their conversation where they’d left off. The topic had to do with current hot jobs and the latest career trends in the area, which caters to the federal government…

I was listening only half-heartedly until one of my friends, a woman in her mid thirties who worked for a midsize travel agency, started talking about how she’d been waiting for the completion of the process to get her security clearance, and that she couldn’t wait to get ‘the darn thing,’ and with it her promotion and a 15% salary increase. Now that perked up my ears and grabbed my full attention. After all, I’d been intimately familiar with security clearances and related issues for several years and dealt with them extensively, working with hundreds of national security whistleblowers, and networking with attorneys. What I couldn’t understand was this:

Why in the world would a travel agent working in a private travel agency need or want to have a security clearance?!

So, I asked: ‘What do you need the clearance for?’

And she responded: ‘The agency I work for has a contract with the federal government. We provide airline tickets, rental car and hotel reservations for some federal employees…’ 

I asked again: ‘So why do you need clearance to do that?’

She said: ‘Well, the government agency requires that only those employees with security clearance handle their account, and since it is a fairly large account the travel agency I work for assigns several travel agents.’

After a brief a pause it dawned on me, ‘Oh, I guess your account is with one of THOSE agencies…DOD, CIA… gotcha…’

My friend interrupted: ‘No, actually it’s not. It’s the Department of Commerce. And it’s not even for their executive level people…just regular employees.’

I kept asking myself why in the world the Commerce Department would require travel agents with security clearance to handle their good ole ordinary travel arrangements.

I guess I was thinking out loud because my friend tried to justify, well, at least her end of this deal: ‘The point is they pay much bigger bucks to my employer, and my employer pays those of us with clearance who handle this account 15% more in salary than the travel agents with no clearance who  have regular accounts…’

I guess it made sense; perfectly. Government agencies don’t pay from their own pockets; they have at their disposal unlimited access to taxpayers’ dollars. So someone in The Department of Commerce apparently made this ridiculous rule – padded their civil servant status and importance – treated their inferiority complex from being placed much lower in the chain of civil servants (waaaayyy below the CIA, DIA, FBI…, ),and made it a requirement to have cleared travel agents handle their travel. As for the travel agency’s perspective: Hallelujah!!! They get a contract with the feds where they can pad their prices and never worry about having to give the best deal in terms of price/value. In fact pad it enough to pay 15% increased salaries to those on the fed account, and still have plenty of profit left.

…………

TSC Compliance & Disclosure on Banging

As I was processing the above information and reasoning, the man, Joe, straightened his shoulders, and if I’m not mistaken, kind of puffed up his chest…you know the body language I’m talking about; right?

He said: ‘I’ve got TSC; Top Secret Clearance. I’ve had it for almost a year now. My pay went up 25% the day I got it.’

Since the other two were obviously familiar with his line of work I was the one with the first question: ‘So who do you service?’

He put on the coolest and most aloof expression he could manage, which ended up being neither cool nor aloof: ‘I can’t talk about it. All I can tell you is that I’m a software programmer and we’ve got big contracts all right…’

I decided not to press ‘who for or why’, and instead, try to find out how much he understood of the significance of having TSC as a private sector employee, both positive and negative.

Obviously he considered the 25% increase in salary as the major positive; well, obviously. And considering his body language and tone he appeared to regard his clearance status as something ‘cool,’ ‘important,’ and ‘ego-boosting.’ He was single, so maybe he thought it made him more of a chick magnet…So I decided to see if he perceived any downside to having a TSC.

I asked him bluntly: ‘There are bunch of things you end up giving up for TSC; some would even say ‘they get you by the …’ don’t you think?’

Joe, already on his third drink, nodded: ‘Yeah.’ And then he said something I was neither expecting nor prepared for, ‘It complicates everything in the banging department.’

After a brief pause I recovered:’ How so?’

Joe: ‘Well, basically, you have to report who you sleep with and all the details if the girl is not a citizen, or has an accent or something.’ He continued, ‘About 8 months ago I met this hot woman with a cute accent and we hit it off right away…stayed together that weekend…and that Monday I had to go and report the entire thing…’

I probed for more details: ‘You mean report in writing? – Orally?’

Joe:’ Both! First, I had to fill out this form, and then I was called in to answer questions and give more details…’

I interrupted him: ‘No kidding! They have a form for this??! What’s it called, ‘Banging Disclosure Form? BDF?’

If he got my sarcasm he didn’t show it, instead he continued very seriously: ‘Just a standard form to fill out general information on foreign persons you come in close contact with, name, nationality, etc. But once in the office for follow up, then they ask you all these details ‘What was her full name?’ ‘What’s her nationality?’ ‘Where does she live?’ ‘How many times did you do it? Over how long?’…you know!’

I nodded understandingly, and he went on: ‘I mean you don’t ask for your new woman’s exact date of birth! How am I supposed to know? Go through her bag for ID while she’s in the bathroom?!…They ask me where she’s from and I can’t even remember; Greece? Lebanon?… Anyway, I’m done with foreign or foreign sounding women…’

This was getting a bit too much for me; trying not to laugh at the absurdity. The man could only come up with, could only think of, one downside and that had to do with ‘chicks.’ And obviously to him Greece and Lebanon were almost the same, either geographically or linguistically. I couldn’t detect in him even a minute trace of political or legal understanding. So, I didn’t bother bringing up issues like:

What happens when you decide to publicly oppose the current butchering of our civil liberties and speak up about it? Won’t they use your TSC and threaten its removal, thus your employment? Or maybe you’ll decide on your own against speaking out; thinking self-preservation. Because in 2005 I received many e-mails/letters from people who told me they wished they could sign a certain petition against constitutional abuses, but they feared for their clearance and job security, so they felt and believed they couldn’t.

What happens when you or your spouse or your partner joins a rally, albeit a peaceful protest, against war(s) or other human rights abuses committed in our name? Won’t they use that constitutionally and democratically sanctioned action against your ‘clearance,’ your job, thus, against you? Because just last month when I called a good friend, who also happens to be antiwar, to join me in an antiwar rally in DC, she was almost in tears and told me she couldn’t because her husband had a clearance, and that they feared her participation in a rally might jeopardize that clearance and their livelihood.

What happens when you witness a criminal or fraudulent act related to your work, and since a contractor to the feds, one with consequences to citizens and taxpayers, and you rightfully feel obligated to report or disclose it to the public? Won’t they come after you with criminal prosecution threats for violating your clearance? Because many whistleblowers have been through this exact experience, and been left with no employment and almost no course of action.

No, I couldn’t tell him all that and more. Even if I did, what would my lone voice accomplish toward raising this guy’s awareness, when the media, the government, and all their related tentacles are doing the exact opposite? He believed he was cleared, he believed he was one of the chosen ones, and unless one day, even if by chance, he faces the dark realities of his valuable rights being substituted for being ‘cleared or chosen’, he’ll hang on to these beliefs.
…

The Nation of Cleared & Not Cleared

Based on GAO’s July 2009 data, about 2.4 million persons currently hold security clearances for authorized access to classified information. And this figure, 2.4 million, does NOT even include some of those with clearances who work in areas of national intelligence.

In fiscal year 2008 the Office of Personnel Management and the Defense Department processed about 450,000 requests for confidential, secret and top-secret clearances. According to bits and pieces of data here and there, there are over three million federal employees who require security clearances for jobs. These jobs range from: Read more ?

As stated by Patrick Henry with conviction and passion, a democratic government will not last if its operations and policies are not visible to its public. The foundation of our democratic republic is supposed to be based on an open and accountable government. Transparency is what enables accountability.

For several decades post 1945, under the guise of the Cold War, with the creation of the Central Intelligence Agency and an aggressive foreign policy based on overt and covert intervention abroad, the seeds of excessive secrecy were planted, aggressively nurtured, and taken to heights not imaginable in our founding fathers’ vision of transparent and accountable government. Although the Watergate Scandal brought a short-lived wave of awakening, and to a certain degree defiance, by getting Americans to question the extent of and the real need for governmental secrecy, the subsequent political movements were eventually halted with no real action ever taken, thanks to a Congress unwilling to truly exercise its oversight authority over the intelligence community.

With the September 11 Terrorist Attacks the establishment had all it needed to take government secrecy to new heights where neither the Constitution nor the separation of powers would matter or be applicable. These new heights could never be reached in a functioning and live democracy, nor could they be sustained and flourish without a home marked by all the characteristics of a police state. Those new heights were indeed reached, and they surely have been not only sustained, but actually increased; notch by notch. Waving the national security flag nonstop, reminding us on a daily basis of some vague boogiemen terrorists who may be hiding under our beds, drilling the words terror-terrorists-terrorism every hour, did the magic; thanks to the US Media.

Let’s examine some of these new heights of secrecy we’ve reached and appear to have accepted:

The Cost

For the fiscal year 2005, based on an official report released by the National Archives, the total security classification cost estimates for Government was $7.7 billion. This figure represents costs provided by 41 executive branch agencies, including the Department of Defense. But it does not include the cost estimates of the CIA, which is classified by the agency. Here is the breakdown:

Personnel Security = $1.15 Billion
Physical Security = $1 Billion
Information Security = $4 Billion

Information Technology = $3.6 Billion
Classification Management = $310 Million
Declassification = $57 Million

Professional Education and Training = $219 Million
Security Management and Planning = $1.2 Billion
Unique = $6.6 Million

Total= $7.7 Billion

Based on the consensus among the knowledgeable this was truly a new height for government secrecy spun out of control. But wait, this new record height was short-lived! It climbed much higher very quickly. Here is the major new height for 2007 secrecy as reported by the US Information Security Oversight Office:

The U.S. Information Security

Oversight Office recorded an all-time-high record in the cost of implementing the national security classification system.

The annual report, released Thursday, representing the classification and declassification activity throughout the executive branch, said the cost of national security classifications totaled $9.91 billion in 2007. The total cost was a 4.6 percent increase over 2006 and became the highest total recorded in ISOO’s history.

That’s right. In two years the cost of our government’s classification and its secrecy increased from $7.7 Billion to $9.91 Billion. And, as with the 2005 cost this too does not include the CIA and other classified operations and entities we don’t know about. Just keep in mind all those rendition, detention and torture operations we’ve been engaged in around the globe.

The Trend

The following is a snap shot of a few items in the Secrecy Report Card for 2008 issued by Open the Government:

18% of DOD FY 2008 Acquisition Budget, equaling to more than $31 Billion, is classified.

Our Secret FISA Court issued 2,371 secret orders in 2007.

Over 25% of our Federal Government’s Contracts, equaling to $114 billion, were granted with no competition whatsoever.

Over 64% of the 7,067 meetings of Federal Advisory Committees on scientific technical areas were completely closed to the public.

What does this tell us? Secret Budgets, Secret Courts & Secret Orders, Secret Meetings, no-competition & no-oversight contracts paid by taxpayers’ dollars…

Secret Budgets, Secret Expenditures

What does it mean when we keep hearing secret budget for this agency, secret budget for that acquisition, secret budget for this and that operation? Take this example:

The Defense Department will spend $35.8 billion on secret technologies in 2010, according to a new report from the Washington, D.C.-based Center for Strategic and Budgetary Assessments.

“Restrictions placed on access to classified programs have meant that DoD and Congress typically exercise less oversight over classified programs than unclassified ones,” the report notes. That can result in big losses, when programs go awry.

Take the hush-hush Future Imagery Architecture program, meant to “develop the next generation of spy satellites for the National Reconnaissance Office.” “The electro-optical satellite component of the program was canceled in 2005 due to significant cost overruns and technical issues,” CSBA recalls, “resulting in what was reported as a $4 billion loss for the government.”

We’ve seen many examples like this; CIA, NSA, DOD, FBI…Here is another ludicrous example: Read more ?

Not much in terms of site updates on this week’s Boiling Frogs Round Up. If you haven’t listened to our interview with Pepe Escobar, please do; click here.

Last week I failed to bring to your attention an interesting and noteworthy interview:

Peter B Collins interviewed David Krikorian, challenger to GOP Rep. Jean Schmidt of Ohio, on Schmidt’s efforts to squelch Krikorian’s First Amendment rights and the infamous Turkish Lobby’s covert and overt influence of Schmidt’s campaign. Krikorian ran against Mean Jean in 2008 and got 17% of the vote as an independent. After he announced he would challenge her again in 2010 as a Democrat, Schmidt filed legal actions over Krikorian’s sharp criticism of her support from Turkish interests. Schmidt’s lawyer is Bruce Fein, an erstwhile friend of the PBC show for his support of impeachment for Bush and Cheney; Fein is counsel to the Turkish American Legal Defense Fund and an apologist for Turkey’s denial of the Armenian genocide.

This is a very interesting, and informative interview. You can listen to it here at Peter B Collins’ website. I’m looking forward to your feedback on this; many of you know why.

Rep. Ron Paul on the Escalation in Afghanistan

Congressman Ron Paul has written an excellent editorial piece on our war in Afghanistan and President Obama’s escalation plans now in full action. As always he makes his points clearly and sincerely: No beating around the bush, no gobbledygook stuff, and no special interests or agenda to serve.

Dr. Paul hits some of the most important key words and phrases: Perpetual War, seeking out monsters to destroy abroad, Military Industrial Complex, the War Lobby, bypassing the Constitution, nebulous & never-ending conflicts, domestic liberties, nation-building, war-racketeers…Here are a couple of excerpts:

If anyone still doubted that this administration’s foreign policy would bring any kind of change, this week’s debate on Afghanistan should remove all doubt. The president’s stated justifications for sending more troops to Afghanistan and escalating the war amount to little more than recycling all the false reasons we began the conflict. It is so discouraging to see this coming from our new leadership, when the people were hoping for peace. New polls show that 49 percent of the people favor minding our own business on the world stage, up from 30 percent in 2002. Perpetual war is not solving anything. Indeed continually seeking out monsters to destroy abroad only threatens our security here at home as international resentment against us builds. The people understand this and are becoming increasingly frustrated at not being heard by the decision-makers. The leaders say some things the people want to hear, but change never comes.

We now find ourselves in another foreign policy quagmire with little hope of victory, and not even a definition of victory. Eisenhower said that only an alert and informed electorate could keep these war racketeering pressures at bay. He was right, and the key is for the people to ensure that their elected leaders follow the Constitution. The Constitution requires a declaration of war by Congress in order to legitimately go to war. Bypassing this critical step makes it far too easy to waste resources on nebulous and never-ending conflicts. Without clear goals, the conflicts last forever and drain the country of blood and treasure. The drafters of the Constitution gave Congress the power to declare war precisely because they feared allowing the executive unfettered discretion in military affairs. They understood that making it easy for leaders to wage foreign wars would threaten domestic liberties.

I don’t know about you but I for one always seem to find myself agreeing with Dr. Paul’s view on our foreign policy and the destructiveness of the long-in-power war party. You can read the brief but effective piece here. What do you think?
 

President Obama: Staunch Supporter of our Domestic Enemies?

It certainly appears that way. He’s been vehemently supporting the Patriot Act and its architects & defenders; he’s been relentlessly protecting the previous administrations’ wrongdoers and culprits involved in rendition and torture…And now this: White House wants suit against Yoo dismissed

The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues.
…

Yoo, a UC Berkeley law professor, worked for the Justice Department from 2001 to 2003. He was the author of a 2002 memo that said rough treatment of captives amounts to torture only if it causes the same level of pain as “organ failure, impairment of bodily function or even death.” The memo also said the president may have the power to authorize torture of enemy combatants.

We’ve been writing and talking about many cases, issues, and points where Obama has been supporting, defending, and continuing the Bush administration’s practices and abuses. Now can we think of any cases, examples, or issues where he, Obama, has actually been opposing or challenging the previous administration’s decisions, policies, or practices? In the Human Rights area? Our civil liberties? War(s)? I didn’t think so either… Read more ?

This week we interviewed Mark Klein, the AT&T whistleblower; the interview should be posted in 3 or 4 weeks. I know you’re going to find it interesting and enlightening. Speaking of AT&T, check out our contributor Ishmael’s informative interview with Jeff Farias here.

I have a few noteworthy tidbits below. Don’t pay attention to their publication dates, since the issues, these cases and reports, are ‘timeless’ in nature.

Another Police State Government Villains & an Irate Minority Fighter Story

This week the Electronic Frontier Foundation (EFF), a privacy watchdog organization, released a comprehensive and eye-opening report on a bogus subpoena issued by a US attorney in Indiana to force Indymedia.us , an independent alternative news site to hand over all the data containing about their users who visited the site on a particular day. Not only that, consistent with other National Security Letters practices, the Justice Department issued gag order to prevent the site from speaking about the subpoena:

The report describes how, earlier this year, U.S. attorneys issued a federal grand jury subpoena to Indymedia.us administrator Kristina Clair demanding “all IP traffic to and from www.indymedia.us” for a particular date, potentially identifying every person who visited any news story on the Indymedia site. As the report explains, this overbroad demand for internet records not only violated federal privacy law but also violated Clair’s First Amendment rights, by ordering her not to disclose the existence of the subpoena without a U.S. attorney’s permission.

Because Indymedia follows EFF’s Best Practices for Online Service Providers and does not keep historical IP logs, there was no information for Indymedia to hand over, and the government withdrew the subpoena. However, as the report describes, that wasn’t the end of the tale: Ms. Clair wanted EFF to be able to tell the story of the subpoena and shine a light on the government’s illegal demand, yet the subpoena ordered silence. Under pressure from EFF, the government admitted that the subpoena’s gag order had no legal basis, and ultimately chose not to go to court to try to force Ms. Clair’s silence despite earlier threats to do so.

This is another story of our government villains determined to butcher the Constitution and speed up our descent towards a police state. This is another example illustrating how government abuses are thriving and expanding in secrecy. In this case, it took an irate, a determined, and a believer in Constitutional Rights, to get up and challenge the attempted despotism. In this particular case, the despotic villains backed down. But as EFF appropriately questions:

How often does the government attempt such illegal fishing expeditions through internet data? How many online service providers have received similarly bogus demands, and handed over how much data, violating how many internet users’ privacy? How many of those subpoena recipients have been intimidated into silence by unconstitutional gag orders?

Let’s hope the number of those who choose to speak up and fight back keeps increasing. But meanwhile, in addition to sitting and wishing and hoping, let us each be one of the irate minority who keeps on fighting until we become the majority, and the villains are restrained and ruled by we the people.

The Deceitful Media Pimping Tyranny

Freedom daily had a well-presented piece by James Bovard on the US media. I get tons of links and references everyday, and usually all I can do is a quick glance. With this one I was hooked after the first paragraph, and I’m sure those of you who’ve been visiting my site for a while would know why:

Why do politicians so easily get away with telling lies? In large part, because the news media are more interested in bonding with politicians than in exposing them. Americans are encouraged to believe that the media will serve as a check and a balance on the government. Instead, the press too often volunteer as unpaid pimps, helping politicians deceive the public. Read more ?

I don’t know what you think of our ex President Harry Truman; as with all our presidents he too came with a mixed bag of good and bad. For our discussion here it really doesn’t matter where we stand on Truman. On the other hand, the quote provides an excellent starting point for my Part III of the Makings of a Police State: National Security Letters. I wish we could bring President Truman back to life and ask him the following question:

Mr. President, if forcing only one American to shut his mind and close his mouth means that all Americans are in peril, what happens when thousands of good American citizens are forced to shut their mouths?

I wonder what his answer would be. Perhaps something like ‘…then all Americans are in real deep trouble!’ Or, ‘…then we are all doomed!’ Or maybe, ‘…then all Americans deserve it for not rising up and grabbing our pitchforks!’

If you think I am talking in riddles and hypotheticals, you are dead wrong, and can be thankful to our media for keeping you in the dark. Here is a documented statement on the state of our liberties when it comes to the government forcing us to shut our mouth when we see and witness evil & wrongdoing:

A federal appeals court may have slapped the Federal Bureau of Investigation last year for its misuse of gag orders to prevent discussion of government investigations conducted under the authority of National Security Letters, but that hasn’t slowed the feds very much. According to the American Civil Liberties Union, despite a court’s finding that such gag orders are constitutionally suspect and should be subject to judicial review, the FBI continues to muzzle recipients of the controversial letters, preventing them from participating in public debate over the Patriot Act and the security state.

National Security Letters are powerful tools that allow federal agents to obtain information about investigation targets from third parties, such as telephone companies, financial institutions, Internet service providers, and consumer credit agencies on their own say-so, without judicial review. Some 47,000 such letters were issued in 2005 alone, according to the Department of Justice’s Office of the Inspector General (PDF). The letters don’t receive much public discussion, probably because many of the recipients are also issued gag orders, forbidding them to discuss the experience.

Okay, let me preempt you before you rush and make wrong assumptions about who the recipients of these government gag orders are, before you start envisioning the stereotyped boogie-looking-men in shalvars with long flea-infested curly dark beards:

Unable to speak out about their experiences as the subjects of National Security Letters, recipients of such letters, including businesspeople and librarians, can only stand on the sidelines while the discussion is conducted in theoretical terms.

That’s right! We are talking about good ole ordinary American citizens like librarians, small business owners, and in some cases healthcare providers. Also, the 47,000 number mentioned above is only for the year 2005. In a report published by the Bill of Rights Defense Committee an Inspector General Report delivered to Congress found that there were 143,074 NS Letters requested in two years, between 2003 and 2005. And here is another fire-raising fact from the same report:

From the 143,074 NSLs requested, there was only 1 confirmed terrorism-related conviction.

That’s right. And each NSL may demand tens of thousands of records containing private information on Americans. So please do the math by multiplying 143, 074 with let’s say 1000 to be safe, and let it sink in. Now put that number next to the ‘1’ terrorism case they had, and try to come up with a single sane reason or justification for our government going after, demanding, obtaining and then keeping these records.

Okay, back to what our President Truman considered ‘being in peril.’ Let’s get a bit up close and personal with one of the thousands of NSL recipients. This one happens to be extraordinarily brave since we have his name. Thousands of other recipients are prohibited, or intimidated into think they are, from disclosing their identity – thanks to the Gag Provision imbedded in this unconstitutional police tool called NSL, handed to our federal police by our Congress. Let’s get a bit acquainted with the brave NSL and gag order recipient, a librarian named Peter Chase, through an article published by the Baltimore Sun:

“In 2005, Mr. Chase, the director of the Plainville, Conn., public library and then-vice president of a consortium of 26 Connecticut libraries, received an FBI demand for library patron records via a National Security Letter authorized under the Patriot Act. The FBI also imposed a gag order prohibiting him from speaking to anyone about the demand – including Congress, when the Patriot Act was up for reauthorization in 2005.

Now, thanks to the American Civil Liberties Union, Mr. Chase has finally won the legal battle and has torn the Bush administration’s tape from his mouth. So he’s speaking out, and this is what he has to say: “The government was telling Congress that it didn’t use the Patriot Act against libraries and that no one’s rights had been violated. I felt that I just could not be part of this fraud being foisted on our nation.””
…

Here is what I find the most disheartening, alarming, and simply frightening point in the above story: Peter Chase is one of only three brave Americans who have actually challenged the gag order imbedded in NSLs. Meaning what? Meaning of over 200,000 people who have received these unconstitutional police letters and the accompanying gag orders, ONLY 3 have found the courage, conviction, and real patriotism to stand up and challenge this assault on their constitutional rights and those of the entire nation. If this doesn’t rattle us Americans, the inhabitants of the land of the free, then may we deserve this and the highly probable worse to come.

Less than two months after the September 11 terrorist attack, while driven by panic and hysteria, our elected representatives rushed to enact the PATRIOT ACT, which was speedily, and conveniently, drafted by the Executive Branch. This unconstitutional set of laws handed our federal police and intelligence agencies unprecedented power to secretly and arbitrarily spy into Americans’ lives without any justification, any evidence of wrongdoing, or any oversight whatsoever.

Here are a few highlights on National Security Letters (NSL):

A National Security Letter (NSL) is a letter request for information from a third party that is issued by the FBI or by other government agencies with authority to conduct national security investigations. Government agency issues the request for information without prior judicial approval. Obtaining NSL requires no probable cause or judicial oversight. They also contain a gag order preventing the recipient of the letter from disclosing that the letter was ever issued. The non-disclosure rules have helped prevent the full extent of the NSL program from becoming known, as the FBI has systematically underreported to Congress the number of letters sent. Unlike other subpoenas and warrants, no approval from the Judicial Branch is required to issue an NSL. An NSL may be issued by “the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director” with no checks and balances in place until after the NSL has been delivered.

An internal FBI audit found that the bureau violated the rules more than 1000 times in an audit of 10% of its national investigations between 2002 and 2007. According to the September 9, 2007 New York Times report on the FBI’s use of NSLs to obtain broader information for data mining purposes, “In many cases, the target of a national security letter whose records are being sought is not necessarily the actual subject of a terrorism investigation and may not be suspected at all. Under the USA PATRIOT Act, the F.B.I. must assert only that the records gathered through the letter are considered relevant to a terrorism investigation.” (http://www.nytimes.com/2007/09/09/washington/09fbi.html?_r=1 )

In April, 2008, the American Civil Liberties Union alleged that the military was 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 based its allegation on a review of more than 1,000 documents turned over to it by the Defense Department in response to a suit the rights group filed in 2007 for documents related to national security letters.
…

The fear factor and the accompanying hysteria were the initial ingredients leading to the enactment of these laws befitting dictatorships and police states. The Bush-Cheney Administration’s war-mongering and absolute power-externally and internally, doctrine, kept the Patriot Act alive and in full implementation. The media fulfilled its significant role in promoting the fear-mongering which was, and is, the necessary ingredient in hushing the critics and hooraying the architects and implementers of the Patriot Act. Then came the President of Changes, and here is what he’s been doing to not only keep these unconstitutional police powers alive, but actually bolster them even further:

Last month, in a letter from the Justice Department to the Senate Judiciary Committee, the Obama administration went on record supporting the extension of key provisions of the USA Patriot Act, including the provision that gives the government the power to subpoena library records of any individual. The sections that our president is so keen to keep alive and take even further; allow roving wire taps on multiple phones, access to business records, and a never-used provision to conduct surveillance of a non-U.S. citizen who may not be part of a recognized terrorist group.
…

This same president, while an Illinois State Senator, considered the PATRIOT Act shoddy and dangerous and pledged to replace it. Well, as with all his promises of ‘change,’ he has done a hundred eighty degree change on this one, and been advocating for the continuation and expansion of this draconian police-state tool. You can read my brief piece on President Obama’s PATRIOT ACT Advocacy here.

While the federal police and intelligence agencies snoop on ordinary Americans and slap them with gag orders (forced by fear to shut their mouths), the public outrage appears to be in very short supply. Well, when you think of it, if of the known 200,000 + recipients only 3 refuse to shut their mouth, what would be a reasonable expectancy for hundreds of millions of Americans who don’t think these police-state practices affect their lives whatsoever?

How in the world did we get here? With hundreds of thousands of Americans being forced to shut their eyes, minds, and mouths, are we all in peril? In real big trouble? Doomed? And if you are like me and answer ‘yes,’ where is the outrage translated into action? Are we still sitting and waiting for a lobby and interest driven Congress to act in our behalf? Do we hope to see a President’s changes on his promised changes do yet another 180 degree change and change this? Or have we given up all hope and chosen to sit on the sidelines with our mouths shut waiting to be totally doomed?

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Is there a Surprise Factor here?

Last month, in a letter from the Justice Department to the Senate Judiciary Committee, the Obama administration went on record supporting the extension of key provisions of the USA Patriot Act, including the provision that gives the government the power to subpoena library records of any individual.

The sections that our president is so keen to keep alive and take even further; allow roving wire taps on multiple phones, access to business records, and a never-used provision to conduct surveillance of a non-U.S. citizen who may not be part of a recognized terrorist group.

Last week the Committee obliged and passed a bill to renew all of the PATRIOT powers that were set to expire at the end of the year.

Here is the reaction by one of the exasperated civil liberties groups, Electronic Frontier Foundation (EFF):

“…the Committee this morning voted to accept seven Republican amendments to the USA PATRIOT Act Sunset Extension Act to remove the few civil liberties protections left in the bill after it was already watered down at last Thursday’s Committee meeting. Surprisingly and disappointingly, most of those amendments were recommended to their Republican sponsors by the Obama Administration.”

Here is the section I have a bit, okay more than a bit, of a problem with: ‘Surprisingly.’ Surprisingly?! Don’t take me wrong. I am, and have been, a big supporter of EFF, and applaud their great work, especially in the case of NSA illegal eavesdropping. But Surprisingly? How could anyone be surprised with this move, when it is absolutely consistent with every single move this President has made since he took office? When it comes to the draconian State Secrets Privilege, he’s been advocating, using, and even pushing further this common law fit only for monarchs and kings. When it comes to secrecy and classification to cover up the deeds of those implicated in torture and rendition, this President has proven to be a relentless advocate. Same with this President’s support and advocacy of illegal wiretapping of Americans… Now why in the world would this move, his consistent efforts to expand executive branch power, meaning his power, to take away our civil liberties, to further our descend towards a police state, be a surprise to all these well-intended and well-informed legal communities? Am I missing something? If so, could someone please enlighten me? Because this is where I stand on this:

Fool me once shame on you, fool me twice shame on me, fool us three times, shame on all of us!

I am working on Part 3 of ‘The Makings of a Police State,’ which will cover the notorious National Security Letters. Stay Tuned.