Anti-Trump Protesters Target Benson, Coulter at Politicon Free … – Fox News Insider

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Guy Benson said anti-Trump protesters proved their critics' point this past weekend when they interrupted a panel discussion on free speech.

Benson, author of the new book "End of Discussion," explained on "Fox & Friends" what happened at Politicon, where he and Ann Coulter were speaking about the attempts to curb conservative voices on college campuses.

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A few protesters wore Nazi garb as they tried to shout down the speakers, while another group interrupted with a large red banner and chanted "Trump and Pence must go!"

"It was like: you're proving our point," said Benson about the panel discussion, which was about denouncing censorship in favor of the free flow of ideas.

Benson said he reminded the protesters that there is an election in 2020, where they're free to make their choice for president and vice president. He said their actions "were not constructive at all" as the hecklers yelled at Coulter rather than listen to her statements and offer opposing arguments.

Despite the incidents, Benson urged young conservatives to still go to college campuses so that students are exposed to differing viewpoints.

Benson recalled that he spoke with his co-author at Princeton last year and the school needed extra security because some students found them too controversial.

"What's alarming is some on the hard left have conflated speech with violence. They say your hate speech is violence and we can shut you down using any means necessary. It's very Orwellian," said Benson.

Last week, Ben Shapiro spoke before a House hearing on attempts to silence conservatives on campuses.

Watch the interview above.

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Anti-Trump Protesters Target Benson, Coulter at Politicon Free ... - Fox News Insider

Senryu pries open ‘The Jaws of Life’ to explore death on latest release – Maryville Daily Times

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It took six years and approximating death for Wil Wright to make another full-length Senryu record.

The band, which celebrates the release of The Jaws of Life Saturday night at The Pilot Light, has been a part of the East Tennessee music scene for nearly 17 years more than half of Wrights life, ever since he started it in 2000 with percussionist Steven Rodgers, the only remaining original member of the bands lineup. In that period, Wright and Rodgers have grown up, fallen in and out and back in love, entered into marriage (Rodgers earlier this year, Wright later this month) and cobbled together a band thats been solid for nearly seven years now: brothers Andres (a multi-instrumentalist) and guitarist Dan McCormack, and bassist Zac Fallon.

I dont remember a time before Senryu, Wright told The Daily Times recently over brunch at Petes Coffee Shop in downtown Knoxville. I ring at rock n roll records. For me, its just about keeping my brain hungry, about feeding it to help make records I can stand behind and be proud of. And weve made so many Senryu records that doing it a song at a time doesnt really work. The only reason to keep making records is to explore concepts that are interesting to me.

Which brings us to death. Hes spent the past several years thinking about it, ruminations brought on by the natural rate of attrition to the circle of family and friends of a man whos racing toward the apex of life expectancys bell curve. At the outset, Wright said, he felt certain he had it figured out, which in the beginning dictated a different sort of concept. The album was going to be called Perfect Nothing, he added.

I thought I was going to make a real upbeat record about how nothing happens after you die, because thats so much more uplifting, he said. But then I started reading about pantheism and the science behind seeing the tunnel, and what I found was that writing a record about death and finding inspiration is tough. If youre here to talk about it, then you didnt die, so its difficult to do the research. So I started digging into preexisting theories, and I started to imagine a record about the last moments before you die, and the first moments after.

His research eventually led him to a sensory depravation experience in Asheville, N.C., where he was enclosed in a vault containing roughly 1,500 pounds of salt in, at most, 2 feet of water. Completely dark and soundproof, is was the closest to approaching death and the absence of the body as he could find.

Thats as close to nothing as you can get, because once you get settled in, your body vanishes, he said. Your eyes stop working, and everything physical goes. You stop feeling, you stop being aware of your breathing, your eyes stop working, your ears go. Its quiet for a minute, and then it gets really, really loud, because you just become your mind. Reducing it to the ghost in the machine, to the spark to me, thats what I believe death is.

And it left me completely baffled and more clueless than ever. What I figured out is that I dont know s---, but its so much better to admit you dont know and to just be alive.

And so the context of the record began to change. Its meditative and contemplative, which is most certainly the bands wheelhouse; with the McCormacks, Rodgers and Fallon, Wright is given a canvas on which to explore grand ideas through intricate, delicate instrumentation, and if lovely is an acceptable descriptor for Senryu, then it applies to Night of the Twisters, the albums lead-off track. But the band sheds whatever emo tendencies it may occasionally flirt with on songs like Heaven Can Wait, Dream of Nothing and the howling maelstrom that is Summer Death March, a too-painful-to-look-away tale of madness and breakdown. Wright has never flinched away from documenting his emotional turmoil through song, and while his other projects LiL iFFy and Skeleton Coast, to name a few have been personal ones, none have allowed him to document the journey of his own existence like Senryu.

This was a three-year album making process, and when the title changed, the record stopped being about the stopping and became more about the continuation, he said. The body is the wrecked car, and the end pulls whatevers left out and keeps it going. Over the course of this record, I experienced a personality death six or seven times; I was getting my perspective rocked about the death of self and rebirth, and the constant through it all was, Im making this record.

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Senryu pries open 'The Jaws of Life' to explore death on latest release - Maryville Daily Times

Taking The Bible Seriously Pushed Me Towards Atheism – Patheos (blog)

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I frequently hear from and read articles by Christians getting frustrated with people who take the Bible seriously whether those people are fundamentalists who view the Bible as a historical chronicle or skeptics whose journey to skepticism began with them reading the Bible. The behavior of frustrated Christians typically includes comparing atheists to fundamentalists and using the word fundamentalist as an insult. I am annoyed by this and want to address as best as I can but let me start by pointing out the obvious: if youre a member of a religion and have a problem with your religions fundamentalists maybe your religion has some problems that need to be worked out before you start antagonizing people who left your religion because of whats in your holy books.

In this discussion of the Bible have a picture of one.

When I read the Bible I took its claims seriously. The seriousness with which I took those claims compelled me to research the claims and the further I researched the claims of the Bible the more I realized that the claims the Bible made were lacking in evidence and were often doubted by historians, particularly the claims in the Old Testament. From the Exodus, to the Flood, to the supposed slaughter of the Canaanites, the historicity of the claims of the Old Testament are gradually fading away. I examined these claims throughoutmy life, believing them to be true for many years and gradually realizing that this wasnt the case and this impacted my world view substantially. I did this because even as a child I valued and value truth. I took the Bible seriously and didnt think itsclaims should be unproven but rather ought to be examined objectively by historians and either confirmed or rejected as having actually taken place.

I take the Bible seriously. I am annoyed by how much this annoys modern Christians. Supposed followers of Christ often get on my case for refusing to believe a book that has made claims that have been repeatedly seriously studied and found to be at best lacking in evidence. Theres nothing special about Christianity or its Bible, even if Christians refuse to admit this themselves. Its easy and it might be fun to claim that theres something bad about taking the Bible seriously, even among Christians nowadays but this is a weird thing to say. It reminds me of the Christians who claim to hate religion and love God, because they understand that religion is a bad word, but God isnt. This is a similar trend where being a Christian and twisting Christianity to fit a modern fold is popular but taking it seriously and refusing to conform isnt, and while this its a good thing for modern society that Christians have shown a willingness to mold themselves, at least to an extent, its frustrating that they have used this willingness to antagonize both atheists who once seriously examined the claims of the Bible and other Christians who arent as willing to leave behind their values and modernize their understandings of the Bible and their perspectives on the world at large.

I dislike that not everyone will seriously examine the Bible. I dislike that some people prefer to maintain their current worldview without an honest desire to find the truth and that that laziness can instill in them a hostility towards others who do seriously care about the truth and understand that a genuine desire to know truth means that one lives their lives perpetually seeking out new information and continuously being aware of ones own opinions and being willing to change those opinions upon gaining new information.

I am an honest seeker of truth and that that annoys some Christians is both sad and very revealing about the current state of Christianity and the dilemmas facing Christian leaders as they discuss theology and how to keep people both believing in Christianity and attending church. Once I realized that some Christians had clung to their beliefs through hallow justifications like its the morality that matters here or the lessons of Jesus were superior to the lessons of other religious figures or even when you die youll know! I realized more and more that at least some Christians didnt care about whether or not their beliefs were backed by historians, scientists, and those who study the world itself. That bothered me because I wanted Christianity to be true more than I wanted to feel like I was right, or to feel like I was safe from the threat of Hell. As an honest person I wasnt originally happy realizing I no longer had a rational reason to believe in God but I readily accepted that I had become an atheist almost by accident. That being said: as a lover of truth I needed to accept my own truth before I could begin to search for other, external, truths. And so I did. I hope that you readily accept your truth as well. And that in doing so you examine it and take it seriously, not just because its convenient.

If you care about truth, even if the conclusion you arrived at is different than the one I did I salute you because you are a rare breed. I hope that this post made you think and that we can have a neat discussion down below in the comments section!

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KABAKA PYRAMID + One-A-Chord & DJ Spleece – SantaCruz.com

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Keron "Kabaka Pyramid" Salmon is a multi-talented artist and producer hailing from the streets of Kingston, Jamaica with a unique musical style blending the power, energy and melody of Reggae with the lyricism of Hip hop. He is based out of the Bebble Rock Music camp and through his liquid and hypnotizing delivery spreads the positive messages of spirituality and conscious evolution that forces you to listen.

The name "Kabaka" is Ugandan for "King" and the long lasting survival of the Pyramids of ancient Africa represent his desire for longevity in the music and deep connection to Kemetic roots; leaving messages for generations to come.

He is an ever-evolving artist that has numerous ways of expressing his creativity. The ability to watch and learn from others around him has made him into somewhat of a Jack-of-all-trades, writing lyrics, producing tracks, engineering/recording himself or other artists, mixing songs, editing video/photos and even playing the guitar!

His passion for music began at an early age when he would change the lyrics to popular songs and record his own version on his mother's tape recorder. What began as a humorous venture was actually a stepping-stone for the artist we know today. Reggae music has always been a strong influence on the Kingstonian lyricist with Sizzla Kalongi and Peter Tosh providing a great source of spiritual inspiration in his life. During high school Hip Hop music also captivated him; reciting his favorite Canibus lines constantly with Nas and Common serving as great examples of the success of conscious music. The influence of both genres can be easily detected as he seeks to find the perfect fusion of the two cultural expressions.

Kabaka spent his early years as a rapper to underground success. He was awarded a place on internationally renowned; Dj Green Lantern's "Myspace Invasion" Mixtape as well as released two Mixtapes for himself The Transition Vol 1 and 2 and a collaboration album Bebble Business as part of the Bebble Team group dedicated to his fallen brother in music Rap Brown (Taiwo McKenzie). With these projects he cemented himself as an artist with deep spiritual messages and proven lyrical ability and was instrumental in raising the bar on the standard of Hip Hop in Jamaica.

Pyramid also released a few reggae and dancehall tracks including Carry on and Never be the same and achieved chart success in Bermuda with the track "Love is all I see" featuring Ashanti. Also as a producer he saw chart success in the Bahamas for Dead Man Walking.

In July 2011 Kabaka Pyramid released his Rebel Music EP free to the public at http://www.kabakapyramid.bandcamp.com. This project is a fusion of roots rock, reggae, dancehall and hip-hop and made waves in the global landscape, particularly Europe and North America. It has received an overwhelming worldwide response gaining homepage features on websites and magazines such as Reggaeville and United Reggae and gaining over 14,000 downloads with the 10-track CD regarded as a classic in its own right.

Kabaka has since achieved top spot, placing #1 on the BILLBOARD Next Big Sound Charts Worldwide and also been featured by the popular music conglomerate MTV Iggy. A solid global fan-base has developed that connects with the messages in his music.

He has been awarded breakthrough artist of the year 2013 by the Jamaica Reggae Industry Association and was also nominated for Song of the year 2013. The lyricist has also been nominated for best reggae recording 2013 by Canadas highly respected Juno Awards. This follows up a successful 2012 where he was nominated by the Jamaica Star for Break-through artist of the year and named by Popular New York Publication Largeup.com as in the top 10 Caribbean artists to watch . He had also been tipped by the Jamaica Gleaner as one of the top 4 (four) artists to watch in that year.

Releasing singles such as Free from Chains, No Capitalist, Mi Alright, and King Kabaka as well as music videos for the popular Free from Chains, King Kabaka, High and Windy, Warrior featuring Protoje and World Wide Love; he has achieved regular rotation on local and international airwaves. Kabaka is being touted by many as strong part of a new wave of powerful artists coming out of Jamaica.

In 2013 Kabaka embarked on his 9 country 20 show Rebel Music Tour performing on major reggae festivals spanning from the US West Coast to Europe. He has brought his message and power to stages such as Reggae on the River, Rototom Sunsplash and the Chiemsee Reggae Festival. He has certainly developed a solid global fan-base that connects with his music.

He has also performed in Toronto, Canada at the Manifesto Arts Festival and travelled to Costa Rica for the Rebel Musik Fest series of shows to great response from the people. 2012 was his first visit to Europe completing his 6-week, 13 show "Ready fi di Road " tour where he headlined sold-out club shows in Germany, France, Italy, Austria, Netherlands and Switzerland.

Locally; Pyramid has graced the stage of major local concerts such as Rebel Salute, Trench Town Rock and the Dennis Brown Tribute Concert as well as live national TV performances to rave reviews. He has made a significant impact on the Live Music scene performing at many shows in and around Kingston including the Manifesto Jamaica Festival, JARIA Reggae Month and Live from Kingston shows as well as venues such as Tracks and Records, South Beach Caf, Emancipation Park, Wickie Wackie and Pulse.

His new EP Lead the Way released in November 2013 has been making waves in the reggae industry debuting at #9 on the Billboard charts. He also featured in the Top ten iTunes reggae charts all over the globe building on his success earlier in the year where he achieved top spot, placing #1 on the BILLBOARD Next Big Sound Charts.

With a mission to steer future generations towards harmony and unity Kabaka is primed and focused on bringing a righteous and conscious way of thinking to the masses through Reggae and Hip Hop Music.

With a solid list of skills not only in the booth but on the mixing board, and an array of lyrics that preach a message of love, self-awareness and African pride, Kabaka Pyramid is well on his way to a career that should not only lead to greatness but also lead a lot of fans to righteousness Aesthetics Now Mag.

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Hubble Telescope Detects Stratosphere on Huge Alien Planet – Space.com

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This artist's illustration shows the "hot Jupiter" exoplanet WASP-121b, which presents the best evidence yet of a stratosphere on an exoplanet.

A huge, superhot alien planet has a stratrosphere, like Earth does, a new study suggests.

"This result is exciting because it shows that a common trait of most of the atmospheres in our solar system a warm stratosphere also can be found in exoplanet atmospheres," study co-author Mark Marley, of NASA's Ames Research Center in California's Silicon Valley, said in a statement.

"We can now compare processes in exoplanet atmospheres with the same processes that happen under different sets of conditions in our own solar system," Marley added. [Gallery: The Strangest Alien Planets]

The research team, led by Thomas Evans of the University of Exeter in England, detected spectral signatures of water molecules in the atmosphere of WASP-121b, a gas giant that lies about 880 light-years from Earth. These signatures indicate that the temperature of the upper layer of the planet's atmosphere increases with the distance from the planet's surface. In the bottom layer of the atmosphere, the troposphere, the temperature decreases with altitude, study team members said.

WASP-121b lies incredibly close to its host star, completing one orbit every 1.3 days. The planet is a "hot Jupiter"; temperatures at the top of its atmosphere reach a sizzling 4,500 degrees Fahrenheit (2,500 degrees Celsius), researchers said.

"The question [of] whether stratospheres do or do not form inhot Jupitershas been one of the major outstanding questions in exoplanet research since at least the early 2000s," Evans told Space.com. "Currently, our understanding of exoplanet atmospheres is pretty basic and limited. Every new piece of information that we are able to get represents a significant step forward."

The top of WASP-121b's atmosphere is heated to a blazing 4,600 degrees Fahrenheit (2,500 Celsius), hot enough to boil some metals.

The discovery is also significant because it shows that atmospheres of distant exoplanets can be analyzed in detail, said Kevin Heng of the University of Bern in Switzerland, who is not a member of the study team.

"This is an important technical milestone on the road to a final goal that we all agree on, and the goal is that, in the future, we can apply the very same techniques to study atmospheres of Earth-like exoplanets," Heng told Space.com. "We would like to measure transits of Earth-like planets. We would like to figure out what type of molecules are in the atmospheres, and after we do that, we would like to take the final very big step, which is to see whether these molecular signatures could indicate the presence of life."

Available technology does not yet allow such work with small, rocky exoplanets, researchers said.

"We are focusing on these big gas giants that are heated to very high temperatures due to the close proximity of their stars simply because they are the easiest to study with the current technology," Evans said. "We are just trying to understand as much about their fundamental properties as possible and refine our knowledge, and, hopefully in the decades to come, we can start pushing towards smaller and cooler planets."

WASP-121b is nearly twice the size of Jupiter. The exoplanet transits, or crosses the face of, its host star from Earth's perspective. Evans and his team were able to observe those transits using an infrared spectrograph aboard NASA's Hubble Space Telescope.

"By looking at the difference in the brightness of the system for when the planet was not behind the star and when it was behind the star, we were able to work out the brightness and the spectrum of the planet itself," Evans said. "We measured the spectrum of the planet using this method at a wavelength range which is very sensitive to the spectral signature of water molecules."

The team observed signatures of glowing water molecules, which indicated that WASP-121b's atmospheric temperatures increase with altitude, Evans said. If the temperature decreased with altitude, infrared radiation would at some point pass through a region of cooler water-gas, which would absorb the part of the spectrum responsible for the glowing effect, he explained.

There have been hints of stratospheres detected on other hot Jupiters, but the new results are the most convincing such evidence to date, Evans said.

"It's the first time that it has been done clearly for an exoplanet atmosphere, and that's why it's the strongest evidence to date for an exoplanet stratosphere," he said.

He added that researchers might be able to move closer to studying more Earth-like planets with the arrival of next-generation observatories such as NASA's James Webb Space Telescope and big ground-based observatories such as the Giant Magellan Telescope (GMT), the European Extremely Large Telescope (E-ELT) and the Thirty Meter Telescope (TMT). JWST is scheduled to launch late next year, and GMT, E-ELT and TMT are expected to come online in the early to mid-2020s.

The new study was published online Wednesday (Aug. 2) in the journal Nature.

Follow us @Spacedotcom, Facebook or Google+. Originally published on Space.com.

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Kepler Space Telescope may have spotted the first exomoon – Blasting News

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NASA scientists have been able to detect the presence of exoplanets, the ones which are present outside the #Solar System, using specialized equipment, such as the #Kepler Space Telescope. However, even with thousands of these planets being discovered, researchers have been unable to find trace of any moons orbiting around them. Now, new studies have yielded what researchers believe to be the evidence of these exomoons.

A group of astronomers studying the existence of these moons from the University of Colombia claimed that they may have unearthed data that these moons really do exist. They said that they were able to pinpoint one of these exomoons almost 4,000 light years away from the Earth.

The researchers went over old data collected by the Kepler telescope and found something which they think indicates the presence of the moon.

When the moon passes in front of a planet in a far away system, the telescope can detect a slight difference in the light emitted from these bodies. This light has been extensively studied and could be showing the presence of a moon orbiting the planet. However, to confirm their theories, the team will study the same planet using the Hubble telescope, which is even more powerful than the Kepler one used previously. The findings were established in a system formed around the Kepler-1625 star.

Previous studies have also claimed to have found evidence of #Exomoon activity, but in most cases these assertions were later found to be false.

Researchers explained what really makes spotting a moon on in a system 4,000 light years away so difficult. Most moons are much smaller than the planet it orbits and thus its passing in front of the planet does not really affect the light that the telescope picks up. However, in this case, the moon is believed to be the size of Neptune, which is quite large, and may be big enough to cause the difference in light.

Many people may believe that finding moons outside the solar system may be a pointless pursuit. However, researchers have pointed out that this difficult endeavor is just as essential as discovering new planets. Some moons can support the conditions needed for life to flourish. In the solar system itself, the presence of such moons as Enceladus and Europa have proved that water may be present in moons as well. The team will now get on the Hubble telescope and verify whether the exomoon they claim to have discovered really does exist.

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Kepler Space Telescope may have spotted the first exomoon - Blasting News

Afghanistan: Two US soldiers killed in NATO convoy attack …

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"Two US service members were killed in action in Kandahar, Afghanistan, when their convoy came under attack" on Wednesday, Pentagon spokesman US Navy Capt. Jeff Davis said in a statement.

Earlier Wednesday, the NATO-led Resolute Support Mission, which trains and advises Afghanistan's military and police, confirmed that the attack had resulted in casualties.

"Resolute Support can confirm a NATO convoy was attacked this afternoon in Kandahar. The attack did cause casualties," the statement said.

The high-profile attack targeting the coalition comes as President Donald Trump's administration is attempting to determine its commitment to and strategy for Afghanistan and the wider region and could be seen as an attempt to shape that debate.

Secretary of Defense James Mattis told Congress that the strategy would be decided upon by mid-July but has since said that the administration is continuing to work on it.

In the absence of an administration policy on Afghanistan Sen. John McCain, the Republican chairman of the Armed Services Committee, said Monday he would work to produce a strategy for winning the conflict in September.

"Eight years of a 'don't lose' strategy has cost us lives and treasure in Afghanistan. Our troops deserve better," McCain said in a statement.

US and coalition casualties in Afghanistan have become rarer in recent years, falling dramatically since the Afghan government assumed responsibility for combat operations in 2014. But there has been an uptick in recent months as US forces have become more directly involved in the fight against the local ISIS affiliate.

Wednesday's bombing is the latest attack to rock southern Kandahar province, which borders Pakistan, in recent months.

At least 26 Afghan soldiers were killed and 13 more wounded last week in a Taliban attack on an army camp in the province's Khakrez district, the Afghan Ministry of Defense said.

Violence also continues elsewhere in the country.

CNN's Ehsan Popalzai contributed to this report.

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Ambush Hits NATO Convoy In Afghanistan, Killing 2 US Service Members – NPR

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An American helicopter hovers over a NATO convoy struck by a suicide bomb Wednesday. The Pentagon says the attack, which unfolded near the southern Afghan city of Kandahar, killed two U.S. service members. STR/AP hide caption

An American helicopter hovers over a NATO convoy struck by a suicide bomb Wednesday. The Pentagon says the attack, which unfolded near the southern Afghan city of Kandahar, killed two U.S. service members.

Two U.S. service members were killed Wednesday when a NATO convoy came under attack outside the southern Afghan city of Kandahar, according to the Pentagon. It was not immediately clear how many people were wounded in the violence, which unfolded near an American base.

The Taliban quickly claimed responsibility for the bombing, saying a militant carried out a suicide attack with a truck packed with explosives.

NATO's Resolute Support mission in the country confirmed an assault on its convoy but did not offer further details. "We are working to gather additional information as quickly as possible," the coalition said in a statement.

As NPR's Tom Bowman notes, the Taliban rose to prominence first in Kandahar Province in the 1990s, but in recent years, U.S. and Afghan forces have largely pushed the militant group from the area.

"The last American combat deaths in Kandahar were in 2014," Tom says, "but during the past year, the Taliban have made inroads once again in Kandahar."

The Pentagon is considering sending nearly 4,000 more troops to the country to train their Afghan counterparts, joining a U.S. contingent that currently numbers roughly 8,500.

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Ambush Hits NATO Convoy In Afghanistan, Killing 2 US Service Members - NPR

NATO readiness strategy: ‘Out-exercise them, out-train them’ – DefenseNews.com

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WASHINGTON With exercise Saber Guardian coming to a close in Eastern Europe and more than 30 exercises stillto take place during the remainder of 2017, NATO is continuing to build its readiness. Gen. Tod Wolters, commander of NATOs Allied Air Command,highlighted for Defense News the importance of these exercises from the air perspective of the multi-domain effort.

What you want to do is out-work them, out-exercise them, out-train them, he said on how to best NATOsadversaries, such as Russia.

Wolters likened NATO to an athlete, perched in theater in a three-point stance, ready to move forward on the drop of a dimein response to nefarious events.

To maximize get readiness, Wolters emphasized training, training and training as the best way to integrate both layered capabilities and layered domains for this level of maximum readiness. And to get the best juice for your squeeze, he said, the alliance should train with the resources available.

As an example, he said NATO has seven nations that are on the brink of bringing fifth-generation F-35 aircraft into theater. But a crew of mixed fourth- and fifth-generation aircraft makes for an operational challenge.

As the aircraft train in an integrated group, he said, the crews learn how the other types of aircraft react to different situations. They become familiar with communication systems and work out the kinks, allowing for a cohesive crew, he added, in turn increasing deterrence capabilities.

This idea also extends to the interoperability of domains. Each NATO exercise, he said, is designed to incorporate several domains and ensure that allies operate smoothly, side by side and add to a greater effect.

Each one of these exercises they improve your speed, they improve your understanding of the environment, he said. You gain a greater intellectual grasp of what the problem could be, and you certainly gain a greater degree of confidence.

For Wolters, communication is also key to readiness and efficiency. This is especially true in relation to the air domain, as pilots must be cognizant of their environment through which they fly as well as coordinate with operations in other domains.

Wolters said he sees a great willingness from NATO countries both to train and provide understanding in their air domains. And he sees investments being made in ensuring the linkage between domains is open and flowing, allowing an awareness of what other groups are accomplishing.

This greater motivation to participate in exercises and cooperate across borders comes from the recent acceleration of readiness and NATOs shift from assurance to deterrence. Wolters said this shift has driven counties to secure their airspace and not only allow but participate in NATO activities.

The Turkish Air Force maintains airspace security not only for its own aircraft, but also for the aircraft taking off from Turkish soil to participate in Operation Inherent Resolve, the multinational joint task force battling the Islamic State group.

You have to be on your toes 24/7, 365 to make sure you understand exactly what is taking place, he said. Its not easy. You have to embrace it intellectually.

But training, training, training in maintaining a razor-sharp edge is critically important, he added. And weve had great success up to this point there.

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NATO’s role in fighting post-caliphate ISIS looms large – The Hill (blog)

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With the Islamic State defeated in Mosul and on the ropes in Raqqa, NATO is trying to assess what its role could or should be in the post-caliphate phase of the counterterrorism fight to come. The alliance has an important role to play, but it should stick close to its traditional mission and skillset. At its core, NATO is a military alliance, not a counterterrorism (CT) agency.

The spike in international terror incidents in the West and the unrelenting instability rocking the Middle East and North Africa (MENA) region, provided a stark backdrop for the blunt comments of President Trump about NATOs need to do more on counterterrorism. NATO, then presidential-candidate Trumpsaidin May 2016, was obsolete.

NATO is not new to the CT mission, having invoked Article 5 for the first time after 9/11 and soon launching the largest combat operation in its history in Afghanistan in response to the terror attacks against the United States. NATO has developed particular expertise at training local security forces in Afghanistan to take on the Taliban, al-Qaeda and ISIS and stabilize the country.

Similar NATO training missions have focused on CT capabilities in in the MENA region as well, including in Egypt, Jordan, Mauritania, Morocco and Tunisia. NATO surveillance planes support the anti-ISIS coalition, and at the NATO summit in May, the alliance announced it would become a full member of the Global Coalition to Defeat ISIS.

But given the nature of the terrorist threats today, it should not surprise anyone that bothformerandcurrentNATO secretaries general recently concluded there is more NATO can and should do on CT. Despite the near-term battlefield defeat of the so-called caliphate in Syria and Iraq, the terrorism forecast is grim.

As ISIS loses territory, the terrorist threat it poses in the region through itsprovincesand terrorist cells and in the West may increase (at least in the short term) as it devolves from governance to insurgency and terrorism. Returning foreign terrorist fighters (FTF) present one threat, compounded by the social-media-driven phenomenon ofhomegrown violent extremism(HVE), which in turn can include a spectrum of terrorist threats from foreign-inspired, enabled or directed plots.

There is no light at the end of the tunnel with respect to the Syrian tragedy, a jihadist enterprise that has givenal-Qaedaa new lease on life, a group that is also resurgent in the Arabian Peninsula and in Africa. To Europes south,Libyapresents a variety of security threats that show no signs of abating and threaten stability across North Africa and into the Sahel, and, as the Manchester attack suggests, up into Europe as well.

Europols 2017TESAT reporthighlights the threats posed to Europe by regional instability outside the EU, including the Western Balkans, Caucasus, Africa, Middle East and in NATO-member Turkey.

The latest Global Trendsreportpublished by the U.S. National Intelligence Council focuses on two key trends that will significantly impact the future direction of theterroristthreat:

First, the resolution or continuation of the many intra- and inter-state conflicts currently underway most importantly, the Syrian civil war, but also conflict in Afghanistan, Iraq, Libya and the Sahel, Somalia, Yemen, and elsewhere will determine the intensity and geography of future violence.

The key factor this will impact is the spread of ungoverned space, which to date has created an environment conducive to extremism and encouraged the enlistment of thousands of volunteers eager to fight.

The second factor is how we deal today with the foreign fighter and migrant phenomena. If not properly managed, these will become the recruiting pools for tomorrows terrorist groups.

What more could NATO do in the counterterrorism arena?As the latest State Departmentreporton counterterrorism notes, NATOs added-value in the CT space comes in the three cones of its current strategy: improving threat awareness, developing CT capabilities and enhancing partner engagement.

The creation of a newNATO Strategic Direction-South (NSD-S) Hubin Naples is a welcome development and should help NATO improve situational awareness along NATOs southern flank and provide long-range, horizon-scanning analysis and policy recommendations for NATO HQ, SHAPE and the North Atlantic Council.

This effort should leverage resources to address both existing and future regional security challenges. NATO should play a greater role countering FTFs and the migrant crisis, as an example of current challenges. The EU counterterrorism coordinator hascalledfor increased connectivity between NATO soldiers and Europol for the timely sharing of biometric and other tactical intelligence collected in the field.

NATO could also do more on maritime security related to the EUs migrant crisis, he added. But the NSD-S Hub will have the biggest potential impact getting ahead of future problems by partnering NATO officers and analysts with academics and subject-matter experts to focus international engagement (primarily training) in areas that would benefit from being preemptively inoculated from projected instability.

For example, NATO could focus efforts to prevent the spread of violent extremist organizations in relatively stable but fragile states, such as Tunisia. This must be made a strategic priority over a 10-20-year horizon.

At the end of the day, the NSD-S Hub cannot be just a response to President Trump, in which case it will be focused more on being seen to be doing something rather than actually generating effects. To get ahead of the trajectory of the tomorrows terrorist threat, we must collectively address the two key factors laid out by the NIC: contending with the foreign terrorist fighters coming out of Syria and Iraq and addressing the festering conflicts that createlooming disequilibriaand the ungoverned spaces in which tomorrows threats can fester.

Matthew Levitt is the Fromer-Wexler fellow and director of the Stein Program on Counterterrorism and Intelligence at the Washington Institute for Near East Policy, a Washington, D.C.-based think tank that seeks to advance a realistic understanding of American interests in theMiddle Eastand to promote thepoliciesthat secure them.

The views expressed by contributors are their own and not the views of The Hill.

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NATO's role in fighting post-caliphate ISIS looms large - The Hill (blog)

It Looks Like HR McMaster Is Cleaning House at the NSA – New York Magazine

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Ad will collapse in seconds CLOSE August 2, 2017 08/02/2017 9:54 pm By Jen Kirby Share McMaster. Photo: Nicholas Kamm/AFP/Getty Images

H.R. McMaster, national security adviser and so-called adult in the room, is apparently gaining some ground over the nationalistic forces inside the Trump administration.

On Wednesday, the White House confirmed that the NSCs senior director of intelligence, 30-year-old Ezra Cohen-Watnick has left the NSC. McMaster had allegedly tried to get rid of Cohen-Watnick who was brought on by Flynn, and also worked on the Trump transition soon after taking the NSA job. McMaster reportedly expressed doubts about Cohen-Watnicks qualifications, but advisers Jared Kushner and Steve Bannon intervened on his behalf, and got Trump to step in and overrule McMaster.

Cohen-Watnicks ouster appears to be the latest sign that McMaster isnt done cleaning house of both Bannon and Flynn loyalists at the NSC. (And maybe its also a sign of a new order under chief-of-state John Kelly.) In addition to Cohen-Watnick, Derek Harvey, another Flynn ally and Iran hawk, was removed from his post as NSC Middle East adviser last week.

These personnel changes come amid an Atlantic report that an NSC staffer was fired last month after a troubling memo he wrote arguing that globalists, Islamists, and the deep state are working to undermine President Trumps agenda, and threatening the country.

The NSC-staffer in question is Rich Higgins, formerly director of strategic planning. Through the campaign, candidate Trump tapped into a deep vein of concern among many citizens that America is at risk and slipping away, he wrote in the memo, a portion of which The Atlantic obtained. Globalists and Islamists recognize that for their visions to succeed, America, both as an ideal and as a national and political identity, must be destroyed.

The conspiracy-laced memo reportedly also insinuates that the Russia probe is made-up to hurt Trump and accuses the left of being aligned with Islamist organizations at the local, national and international levels, and:

recognition should be given to the fact that they seamlessly interoperate through coordinated synchronized interactive narratives These attacks narratives are pervasive, full spectrum and institutionalized at all levels. They operate in social media, television, the 24-hour news cycle in all media and are entrenched at the upper levels of the bureaucracies

Higgins apparently wrote the memo in May, though warning about the Maoist insurgency being co-opted by Islamists was shockingly outside his job description. Its not clear how the memo came to the attention of NSC higher-ups or why it took so long but sources told the Atlantic that the memo had been circulating around the White House and may have landed on the presidents desk. Finally, on July 21, McMasters deputy NSA Ricky Waddell (who himself replaced Trump appointee K.T. McFarland when McMaster took the job after Michael Flynns firing) relieved Higgins from his duties.

In July, former Breitbart writer Tera Dahl also left the NSC, rounding out a string of dismissals for the Bannonesque populists. However, its unclear if some of ex-NSCers will leave the Trump orbit for good, or be reshuffled to new posts within the administration. Which means McMaster may have an edge now, but the battle against the fever swamp is far from over.

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After repeatedly pushing off major undertakings like tax reform and raising the debt ceiling, theyre in for a truly hellish fall.

He suggested replacing the top general, but experts say the issue is he hasnt approved a new strategy.

A few high-profile firings of Flynn and Bannon allies including one who wrote a bizarre memo warning against globalists are out in recent weeks.

Despite Governor Cuomos assurances that wouldnt happen, the Board of Elections complied though it wont turn over Social Security numbers.

The GOPs plans to use the budget process for health care and tax legislation are already half-ruined. The worst could be yet to come.

The Statue of Liberty doesnt mean what you think it does, Miller says.

Sanders, Biden, or Warren may run in 2020 and clear the field of pretenders. If not, Democrats could have the kind of field the GOP sported in 2016.

Yous guys should give him some credit.

Trump said an executive from the organization called him to say his speech was the greatest. Turns out, no such call was ever placed.

After defeat, wild, pointless anger.

Well have to wait for Scaramuccis inevitable book deal to get the real tea.

If the prospects of vulnerable 2018 GOP candidates get much worse, and the chaos in D.C. doesnt improve, an anti-Trump rebellion is a possibility.

The retired general may have had early success in ousting Scaramucci and instilling some order. But this is Trumps White House were talking about.

In a signing statement, Trump says that provisions limiting his power to alter the sanctions are unconstitutional.

This complex in the Rockaways was rebuilt and is clean, well-maintained, and safe.

Two senators, alongside Trump, will propose halving the rate over the next ten years.

After Kellys first 48 hours on the job, even Trump is on his best behavior for his new chief of staff.

She only reports real (a.k.a. positive) stories about the White House.

The civil-rights division is preparing to tackle discrimination against white people.

The Trump administration and Ed Butowsky, the conservative commentator at the center of a new lawsuit, cant seem to agree.

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It Looks Like HR McMaster Is Cleaning House at the NSA - New York Magazine

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In Abusing NSA Intelligence, Did Obama White House Commit A Crime? – Investor’s Business Daily

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Then-Deputy Security Advisor Ben Rhodes, shown talking to the White House press corps in December 2016, joins a growing list of former Obama officials under subpoena from the House Intelligence Committee. (Cheriss May/Zuma Press/Newscom)

'Unmasking' Scandal: Day by day, the scandal of the Obama administration's abuse of domestic intelligence gathered by the National Security Agency grows. Forget the phony Russia-Trump collusion charges the Obama White House looks increasingly to have committed a crime by using U.S. intelligence for political purposes.

The NSA's insatiable gathering of data and conversations on Americans make it a potentially highly dangerous enemy of Americans' freedoms. Who would want to have a federal government spy shop that knows almost everything you do in public, on the phone, by email, or by computer?

That's why the super-secret NSA, which is much bigger than the better-known CIA, has always operated under strict guidelines for how its intel could be used. In its reports, Americans who are surveilled without a warrant while speaking to a foreign citizen are routinely "masked" that is, their identity is kept secret unless there's an overwhelming national security interest in that person being "unmasked."

Unfortunately, like a child with a dangerous new toy, the Obama administration apparently seems to have believed that the NSA could be used for narrow, political purposes.

As a result, a number of administration officials and Obama supporters, including former National Security Advisor Susan Rice, former U.N. Ambassador Samantha Power and former CIA chief John Brennan, have been subpoenaed by the House Intelligence Committee to answer some questions.

On Wednesday, the panel announced another subpoena had been issued for a former Obama official, this for former Deputy National Security Advisor Ben Rhodes. Our guess is it won't be the last.

This mega-scandal, by the way, has been building for months, though you would hardly know by the near-silence it's been treated with in the media.

But there are exceptions. Back on May 24, the online journal Circa reported that the scandal was far more serious than it first appeared.

"The National Security Agency under former President Barack Obama routinely violated American privacy protections while scouring through overseas intercepts and failed to disclose the extent of the problems until the final days before Donald Trump was elected president last fall, according to once top-secret documents that chronicle some of the most serious constitutional abuses to date by the U.S. intelligence community," wrote Circa investigative reporter Sara A. Carter.

Now, this week, Carter reports that the scandal is much bigger than suspected. A review of government documents found that "government officials conducted 30,355 searches in 2016 seeking information about Americans in NSA intercept meta-data, which include telephone numbers and email addresses," Carter wrote.

She notes that the election-year searches by Obama's political aides and other government officials jumped 27.5% from 2015, tripling the "9,500 such searches" in 2013."In 2016 the administration also scoured the actual contents of NSA intercepted calls and emails for 5,288 Americans, an increase of 13% over the prior year and a massive spike from the 198 names searched in 2013."

Before the Obama administration, under rules propagated by former President George H.W. Bush, "unmasking" incidental intelligence targets was strictly limited and frowned upon. Even after 9/11, despite increased surveillance of people with potential terrorist ties, the rules stayed in place. The potential for abuse, they knew, was too great.

But that ended in 2011 as Obama, using the pretense of fighting a War on Terror that he never even believed in, loosened the rules. As the Washington Examiner reported earlier this week, in 2013 National Intelligence Director James Clapper formally loosened the rules on "unmasking" the names of congressional staffers, elected officials and others.

That major violations occurred under this program seems clear. Last week, House Intelligence Committee Chair Devin Nunes in a letter to Director of National Intelligence Dan Coats noted that "the total requests for Americans' names by Obama political aides numbered in the hundreds during Obama's last year in office and often lacked a specific intelligence community justification," according to The Hill.

In particular, Nunes pointed out that "one official, whose position had no apparent intelligence related function, made hundreds of unmasking requests" in 2016. Speculation is that the official was U.N. Ambassador Samantha Power.

Is this a crime? We do know that the FISA Court, in a closed-door hearing last October, already censured White House officials for their violations of Americans' email privacy, citing an "institutional lack of candor" that had become a "very serious Fourth Amendment issue."

As a reminder, the Fourth Amendment states flatly that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ..." Spying on, and then unmasking, hundreds if not thousands of Americans would seem to us to be a brazen violation of the Constitution.

Remember how the media ridiculed and shamed Donald Trump for tweeting out that he had been "wiretapped" by Obama? It's starting to look like that, or something like it, was very much the case.

If it turns out, as some suspect, that the "unmasking" was used for domestic spying on political foes such as Trump, it would constitute a serious crime and would require a special counsel to investigate it.

The immense size of the spying operation and the clear attempt to use the U.S.' intelligence apparatus for questionable personal purposes seems to be at minimum a violation of the law. If it further turns out that there was a coordinated effort by Obama and his aides to use the information in the 2016 presidential campaign, it will be a crime and scandal larger than even Watergate.

Yes, people will go to prison.

Is that what we have here, the political crime of the still-young 21st century? It would be nice if the mainstream media seemed at all interested in answering that question.

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In Abusing NSA Intelligence, Did Obama White House Commit A Crime? - Investor's Business Daily

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Should NSA and CyberCom split? A watchdog weighs in — FCW – FCW.com

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Defense

As the status of the dual-hat leadership structure of the National Security Agency and U.S. Cyber Command remains under review, the Government Accountability Office teamed up with Pentagon officials to identify the advantages and disadvantages of such a change in a new report.

The benefits of the current arrangement, as identified by officials from the Department of Defense, involve collaboration, faster decision making and resource efficiency.

But the big downside is that wider access to NSA's toolkit of exploits increases the risk that destructive bugs will get loose as has been seen recently.

GAO was directed to conduct the review in the report language of a recent defense bill.

Auditors found that because one officer calls the shots for two organizations, senior leaders from each organization have visibility into the procedures of the other, allowing for natural coordination on capability development, testing and business processes.

"In the absence of the dual-hat, [NSA] and CyberCom would need to formalize these internal processes in order to maintain them," auditors write.

Another advantage is that the single leader for both organizations allows for faster decision-making because it doesn't require building consensus across commands.

Officials from several DOD components, including NSA and CyberCom, told GAO that the structure allows the two organizations to make efficient use of their resources by sharing digital and physical infrastructure and by combining employee training sessions.

DOD officials also detailed the disadvantages of the dual-hat approach.

Officials reported concerns about preferential prioritization of one organization's requests for support over the other's, concerns that may only be exacerbated as CyberCom is set to receive the authorities of a unified combatant command.

And, as previously noted, CyberCom's use of NSA's tools and infrastructure increases the risk those tools being leaked or exposed.

Because of the wide range of responsibilities of the two organizations, and as CyberCom is elevated to become a full combatant command, DOD officials expressed concerns that the duties may be too broad for a single officer to realistically handle.

Although they both operate in cyberspace, the missions of CyberCom and NSA also have an inherent tension. CyberCom focuses primarily on conducting military operations, while NSA's mission is primarily intelligence-based.

DOD officials also told auditors that while the sharing of resources is efficient, the resource allocation between the two entities is sometimes unclear. They stated that DOD does not have an official position on the advantages and disadvantages of the dual-hat structure.

The report also includes actions that could limit potential risks of splitting the leadership.

While there is broad support from current and former officials, including former President Barack Obama, for elevating Cyber Command to the level of an independent combatant command, the idea of splitting the agencies has received some pushback.

Legislatively, 2017 National Defense Authorization Act stated that the dual-hat role, which dates back to CyberCom's creation in 2009, will remain in place until an assessment is conducted about the potential security risks of splitting the current structure.

The 2018 bill submitted by the House Armed Services Committee includes a $647 million boost to support the elevation of U.S. Cyber Command to a full combatant command level, but omits new language about an eventual split of the NSA and CyberCom.

About the Author

Chase Gunter is a staff writer covering civilian agencies, workforce issues, health IT, open data and innovation.

Prior to joining FCW, Gunter reported for the C-Ville Weekly in Charlottesville, Va., and served as a college sports beat writer for the South Boston (Va.) News and Record. He started at FCW as an editorial fellow before joining the team full-time as a reporter.

Gunter is a graduate of the University of Virginia, where his emphases were English, history and media studies.

Click here for previous articles by Gunter, or connect with him on Twitter: @WChaseGunter

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Should NSA and CyberCom split? A watchdog weighs in -- FCW - FCW.com

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Report: NSA Illegally Spied on Kim Dotcom in New Zealand – Breitbart News

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Documents reveal that the NSA and New Zealands Government Communications Security Bureau surveilled Dotcom in a joint operation officially until 2012. The NSA then reportedly continued to use New Zealand technology to spy on Dotcom after 2012.

GCSB claimed that it turned off all surveillance systems targeting Dotcom and others butfound out more than a year later that surveillance continued without its knowledge, reportedthe New Zealand Herald. The details in the documents have led Dotcom to state that there is now evidence the United States National Security Agency was carrying out surveillance on him.

Dotcom, who should have been protected from GCSB surveillance as a New Zealand resident, said the GCSB did not know because its equipment was being used by the NSA, which was directly involved, the report claims.

In a series of tweets, Dotcomcalled GCSB consistent liars and claimed they were aware of the continued surveillance of him by the NSA.

The tech entrepreneur also called the incident a sellout of NZ sovereignty, before referencing the Five Eyes surveillance alliance between New Zealand, the United States, the United Kingdom, Australia, and Canada.

Im not a terrorist or a national security threat. Im not even a criminal, declared Dotcom on Twitter. Im an innovator, a nerd, I play video games. Fuck you NSA!

Charlie Nash is a reporterforBreitbart Tech. You can follow himon Twitter@MrNashingtonorlike his page at Facebook.

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Report: NSA Illegally Spied on Kim Dotcom in New Zealand - Breitbart News

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Independence Pass defendant denies multiple allegations – Aspen Daily News

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The Colorado Springs man who police say held three men at gunpoint last summer on Independence Pass has denied the allegations in response to a lawsuit.

In addition to the denials, Brolin McConnell, 31, also maintains his Fifth Amendment rights, which guard against self-incrimination.

McConnell faces criminal charges of attempted murder, first-degree kidnapping and menacing, among other counts. He has been in jail ever since his arrest on July 27, 2016, following what the alleged victims said was a terrifying and frightening ordeal on Lincoln Creek Road.

Its unclear why McConnell, a Front Range real estate agent, allegedly held the men hostage and made bizarre statements and demands, including one for $100 million. Law enforcement initially suspected he was on methamphetamine, but a drug screen showed only a trace of marijuana in his blood.

He shot twice near one hostage, including a bullet that whizzed by the mans ear, causing hearing damage, according to the lawsuit and police reports. That man and two others were able to escape, and McConnell surrendered after being rushed by sheriffs deputies and an Aspen police officer at gunpoint. He has been held in jail on a $500,000 bond ever since.

In June, the three men sued him in Pitkin County District Court, claiming assault, battery, false imprisonment, extreme and outrageous conduct and negligent infliction of emotional distress.

The criminal case has halted after the district attorneys office appealed a judges dismissal or reduction, in February, of three felony counts, including attempted murder after deliberation, though a charge of attempted murder with extreme indifference was upheld. The disputed charges are now in the hands of the Colorado Court of Appeals.

McConnell has yet to speak in court or enter a plea; his first attorney waived advisement of the charges. At a preliminary hearing in January, in which a judge upheld some of the charges and dismissed or reduced others leading to the appeal Sarah Oszczakiewicz said the current bond was appropriate to protect the public. She cited jail recordings of conversations McConnell had with family members that show him instructing relatives to sell all his possessions to pay for legal representation. That includes multiple firearms, including AR-15 and AK-47 rifles, she said, adding that McConnell told his family he wanted to go live in the woods and forgo society.

On July 24, McConnells attorney, Scott Mikulecky of Colorado Springs, answered the lawsuit with a filing in which all of the allegations are denied.

The plaintiffs claims are barred or reduced by failure to mitigate their damages, the answer says, employing standard, boiler-plate legalese. Defendant expressly reserves all Fifth Amendment rights and privileges.

On Tuesday, Mikulecky moved to stay the lawsuit.

Defendant contends that in order to avoid undue prejudice against him, and to allow him and his counsel to prepare for the criminal trial, this court should stay these civil proceedings until the criminal trial has been completed, says the motion to stay the civil proceeding.

It says that McConnell, during the criminal proceeding, will be advised by his attorneys to invoke the Fifth Amendment in relation to the lawsuit.

And not until the criminal trial is concluded, and any appeals exhausted, will defendant be instructed by counsel that he will no longer have the ability to invoke these Fifth Amendment rights, Mikulecky wrote.

The motion, which the plaintiffs attorney, Ryan Kalamaya of Aspen, did not oppose, was approved by a judge on Wednesday.

chad@aspendailynews.com

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Independence Pass defendant denies multiple allegations - Aspen Daily News

Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine – SCOTUSblog (blog)

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Posted Wed, August 2nd, 2017 12:21 pm by Jennifer Lynch

Jennifer Lynch is a senior staff attorney for the Electronic Frontier Foundation, which filed an amicus brief in support of Timothy Carpenters petition for certiorari in Carpenter v. United States.

This summer, the Supreme Court granted certiorari in Carpenter v. United States, a case that offers the court another chance to address just how far the Fourth Amendments protections against warrantless searches and seizures extend to cover information generated by the modern technologies we rely on every day.

In Carpenter, the FBI accessed location data linked to Timothy Carpenters and his co-defendants cell phones in its attempt to place the suspects at the sites of several robberies. But the data the FBI asked for and received werent limited to the days and times of the known robberies they also included months of records that could reveal everywhere the defendants were every time they made or received a phone call. And the FBI got all of this information without a warrant.

The specific data at issue in the case are called cell-site-location information, or CSLI. These data, maintained by wireless carriers, are records of the cell towers our phones connect to every time they try to send and receive calls, texts, emails and any other information. The records generated hundreds and sometimes thousands of times per day include the precise GPS coordinates of each tower as well as the day and time the phone tried to connect to it. While this all may sound complicated, the important point is that, in cases like this one, the government argues that CSLI is really just a proxy for where the phone and, by extension, the phones owner is or has been.

Police ask for these records a lot in 2016, Verizon and AT&T alone received about 125,000 requests for CSLI and each request may involve months of information on multiple people. No federal statutes place any specific restrictions on how much data the police can ask for at any one time, and the standard required to obtain access whether there are specific and articulable facts showing that there are reasonable grounds to believe the data are relevant and material to an ongoing criminal investigation is much lower than probable cause. As a result, cases like this one, in which the government obtained 88 days and 127 days worth of location information for each defendant, appear to be the norm. (In another cert petition filed this past term, Graham v. United States, the police accessed 221 days of CSLI for each defendant.)

In Carpenter, the Supreme Court will address whether access to this information is a search under the Fourth Amendment and whether that search requires a warrant. The issues raised in this case are important because location information like CSLI shows where we are and where we have been. And where we travel can reveal very sensitive details about our lives. As Justice Sonia Sotomayor noted in her concurring opinion in United States v. Jones, location information can provide the government with a precise, comprehensive record of a persons public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. Or, as the lower court in Jones put it, [a] person who knows all of anothers travels can deduce whether he is a weekly church goer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individuals or political groupsand not just one such fact about a person, but all such facts.

Despite the sensitive nature of location data and the volume of information collected in Carpenter and other cases, five federal appellate courts, in deeply divided opinions, have held that historical CSLI isnt protected by the Fourth Amendment in large part because the information is collected and stored by third-party service providers. The courts have relied on a legal principle called the third-party doctrine, which was developed in two 1970s Supreme Court cases, Smith v. Maryland and United States v. Miller. This principle holds that information you voluntarily share with someone else whether that someone else is your bank (such as deposit and withdrawal information) or the phone company (the numbers you dial on your phone) isnt protected by the Fourth Amendment because you cant expect that third party to keep the information secret. By sharing that information with a third party, you have assumed the risk that it will be shared with others.

The Electronic Frontier Foundation and many others have argued that its time for the Supreme Court to revisit this outdated doctrine. As Sotomayor noted in Jones, the third-party doctrine is ill suited to the digital age. This is because, as she also noted, we live in an era in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks. We use cellphones to stay in touch with friends and family on the go, store data in the cloud to be able to access it anywhere later, rely on GPS mapping technologies to find our way about town, and wear activity trackers to try to improve our health. Its impossible to use any of these technologies without sharing data with third parties.

This dilemma highlights a key weakness in this line of the Supreme Courts Fourth Amendment jurisprudence: Assuming that it is unreasonable to expect privacy when we share something with others makes secrecy a prerequisite for privacy. But Justice Thurgood Marshall recognized in his dissent in Smith years ago that [p]rivacy is not a discrete commodity, possessed absolutely or not at all. That an individual discloses information to a third party for one purpose does not mean he believes he has relinquished all privacy interests in that information. Nor is it clear that such a belief would be good for society. To maintain secrecy as a prerequisite for Fourth Amendment safeguards would mean that information once protected in the non-digital world would lose that protection today.

Some third-party cases at the Supreme Court and federal appellate courts have recognized that sharing information with others doesnt always equal blanket disclosure to all. The court has held that patients have a reasonable expectation of privacy in diagnostic test results, even when the hospital maintains the records (Ferguson v. City of Charleston); passengers retain an expectation of privacy in luggage placed in an overhead bin despite the possibility of external inspection by others (Bond v. United States); and hotel guests are entitled to constitutional protections even though they provide implied or express permission for third parties to access their rooms (Stoner v. California). And at least one lower court, the U.S. Court of Appeals for the 6th Circuit, in United States v. Warshak, has ruled that people have an expectation of privacy in email content, even if they use a third party service provider to transmit that email.

Thus, the main challenge for the Supreme Court in Carpenter will be to figure out how to reset the parameters of the third-party doctrine for the digital age or do away with it altogether.

One thing is clear: These thorny issues are not going away. How the Supreme Court decides this case will have important ramifications for the future especially for the internet of things, where sensors and devices in our homes, on our cars, and throughout our world will constantly collect, generate, and share data about us with little to no volition on our part. Choosing to participate in society in the 21st century will require use of these technologies; it shouldnt require us to relinquish our constitutional rights.

Posted in Carpenter v. U.S., Summer symposium on Carpenter v. United States, Featured, Merits Cases

Recommended Citation: Jennifer Lynch, Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine, SCOTUSblog (Aug. 2, 2017, 12:21 PM), http://www.scotusblog.com/2017/08/symposium-will-fourth-amendment-protect-21st-century-data-court-confronts-third-party-doctrine/

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Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine - SCOTUSblog (blog)

Traffic Stop and Request to Search Did Not Violate the Fourth Amendment – WisBar

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Traffic Stop and Request to Search Did Not Violate the Fourth Amendment
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Aug. 2, 2017 A sheriff's deputy ran a man's license plates in high crime area in Kenosha and learned the vehicle's registration was suspended for emissions violations. Recently, the state supreme court ruled the subsequent stop and search, which ...

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Traffic Stop and Request to Search Did Not Violate the Fourth Amendment - WisBar

The Second Amendment has won (again) in Washington. So why … – Fox News

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Washington, D.C. residents, you dont have to holster your Second Amendment rights anymore. Unfortunately, residents of many other states like California dont have the same ability that D.C. residents now do to protect themselves.

In a stirring victory for those who live in the nationals capital, a panel of the District of Columbia Circuit Court of Appeals recently threw out a D.C. ordinance that denied concealed-carry permits to anyone who could not show a special need for self-defense, what is referred to as a good reason requirement. The problem is that other courts of appeal have upheld such restrictive laws and the U.S. Supreme Court has turned down appeals of those decisions, refusing to take up the issue of the Second Amendments application to carrying a weapon outside of the home.

This happened most recently at the very end of the Supreme Courts 2017 term in June when it refused to take up Peruta v. California, an appeal of a decision of the Ninth Circuit upholding Californias good reason requirement.

In a scathing dissent, Justice Clarence Thomas (joined by Neil Gorsuch) castigated the other justices for treating the Second Amendment as a disfavored right. He said it was long-past time for the Court to decide this issue and that he found it extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen.

In the opinion over the District of Columbias concealed carry law written by Judge Thomas Griffith of the D.C. Circuit, Griffith pointed out that the U.S. Supreme Courts first in-depth examination of the Second Amendment occurred in 2008 in District of Columbia v. Heller, where the Court threw out D.C.s complete ban on handguns as unconstitutional.

That decision is younger than the first iPhone. The Supreme Court did not outline how the Second Amendment applies to the carrying of a weapon in public, but as Griffith says, Heller reveals the Second Amendment erects some absolute barriers than no gun law may breach.

After Heller, D.C. implemented a complete ban on concealed carry. That was struck down in 2014 in Palmer v. District of Columbia. D.C. responded by restricting concealed-carry permits only to those who could show a good reason to fear injury. That required showing a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks.

Living in a high-crime neighborhood wasnt a good enough reason for a concealed-carry permit under D.C.s regulation. In essence, you had to prove you had a good reason to exercise your constitutional right, a bizarre situation unique in American constitutional jurisprudence.

D.C. argued, absurdly enough, that its ordinance did not violate any constitutional right because the Second Amendment doesnt apply outside of the home.

Judge Griffith dismissed this claim, saying that the fact that the need for self-defense is most pressing in the home doesnt mean that self-defense at home is the only right at the [Second] Amendments core.

Obviously, the need for self-defense might arise beyond as well as within the home. Further, the Second Amendments text protects the right to bear as well as keep arms. Thus, it is natural that the core of the Second Amendment includes a law-abiding citizens right to carry common firearms for self-defense beyond the home.

Even under Heller, governments can apply regulations on the possession and carrying of firearms that are longstanding, such as bans on possession by felons or bans on carrying near sensitive sites such as government buildings. But preventing carrying in public is not a longstanding tradition or rule.

This opinion goes into detail discussing the long American and English history applicable to weapons and self-defense, going back as far as the Statute of Northampton of 1328 -- whose text, as the court says, will remind Anglophiles of studying Canterbury Tales in the original. But the state of the law in Chaucers England or for that matter Shakespeares or Cromwells is not decisive here.

What is decisive is that the Supreme Court established in Heller that by the time of the Founding, the preexisting right enshrined by the Amendment had ripened to include carrying more broadly than the District contends based on its reading of the 14th-century statute. According to Griffith, the individual right to carry common firearms beyond the home for self-defense even in densely populated areas, even for those lacking special self-defense needs falls within the core of the Second Amendments protections.

Unfortunately, other federal courts of appeals have upheld similar good reason laws for concealed carry permits. But as Judge Griffith points out, those courts dispensed with the historic digging that would have exposed that their toleration of regulations restricting the carrying of a weapon is faulty.

The constitutional analysis that should be applied to all government gun regulations is that they must allow gun access at least for each typical member of the American public. Because D.C.s restrictive good reason concealed-carry law bars most people from exercising their Second Amendment right at all, it is unconstitutional. At a minimum, the Second Amendment must protect carrying given the risks and needs typical of law-abiding citizens.

The court drew together all the pieces of its analysis in this way:

At the Second Amendments core lies the right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to longstanding restrictions. These traditional limits include, for instance, licensing requirements, but not bans on carrying in urban areas like D.C. or bans on carrying absent a special need for self-defense. In fact, the Amendments core at a minimum shields the typically situated citizens ability to carry common arms generally. The Districts good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents. Thats enough to sink this law under Heller I.

One of the judges on the D.C. panel, Karen LeCraft Henderson, dissented, arguing that the core right in the Second Amendment is only to possess a firearm in ones home and she saw no problem with D.C.s good-reason requirement.

That dissent, along with the contrary decisions of other appeals courts, shows why the Supreme Court needs to follow Justice Thomass admonition and finally settle this issue. As Thomas scolds in his dissent in Peruta:

For those of us who work in marble halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it.

Hans A. von Spakovsky is a Senior Legal Fellow at The Heritage Foundation and former Justice Department official. He is coauthor of Whos Counting? How Fraudsters and Bureaucrats Put Your Vote at Risk.

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The Second Amendment has won (again) in Washington. So why ... - Fox News

Collins proposes new measures for protecting Second Amendment rights – Wyoming County Free Press

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Congressman Chris Collins (NY-27) has proposed new measures for protecting Second Amendment rights by introducing legislation to limit states authority when it comes to regulating rifles and shotguns, commonly used by sportsmen and sportswomen.

The Second Amendment Guarantee Act (SAGA) would prevent states from implementing any regulations on these weapons that are more restrictive than what is required by federal law. Upon passage of this bill, most of the language included in New York States Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 signed into law by Gov. Andrew Cuomo would be void.

This legislation would protect the Second Amendment rights of New Yorkers that were unjustly taken away by Andrew Cuomo,Collins said.I am a staunch supporter of the Second Amendment and have fought against all efforts to condemn these rights. I stand with the law-abiding citizens of this state that have been outraged by the SAFE Act and voice my commitment to roll back these regulations.

Governor Cuomos SAFE Act violates federal regulation and the following provisions would be void under the proposed legislation:

-Cuomos SAFE Act expanded rifle and shotgun bans to include semi-automatic guns with detachable magazines that possess certain features.

-The Cuomo SAFE Act banned the capacity of magazines that hold more than 10 rounds of ammunition.It further limited magazines to seven rounds at any time.

In the Collins bill, States or local governments would not be able to regulate, prohibit, or require registration and licensing (that are any more restrictive under Federal law) for the sale, manufacturing, importation, transfer, possession, or marketing of a rifle or shotgun. Additionally, rifle or shotgun includes any part of the weapon including any detachable magazine or ammunition feeding devise and any type of pistol grip or stock design.

Under this legislation, any current or future laws enacted by a state or political subdivision that exceeds federal law for rifles and shotguns would be void. Should a state violate this law, and a plaintiff goes to court, the court will award the prevailing plaintiff a reasonable attorneys fee in addition to any other damages.

Congressman Collins was joined today by local, county, and state elected officials and citizen supporters of the Second Amendment during events to unveil his bill in Erie and Monroe counties.

Hamburg Rod and Gun Club:

Assemblyman David DiPietro

Erie County Sheriff Tim Howard

Erie County Comptroller Stefan Mychajliw

Erie County Legislator Ted Morton

Representatives from SCOPE

Rochester Brooks Gun Club:

Senator Rich Funke

Senator Rob Ortt

Assemblyman Peter Lawrence

Monroe County Legislator Karla Boyce

Representatives from SCOPE

To read the text of H.R. 3576, the Second Amendment Guarantee Act, clickhere.

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Collins proposes new measures for protecting Second Amendment rights - Wyoming County Free Press

MMA Legend Royce Gracie On The Second Amendment – The Daily Caller

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If youve heard of Brazilian jiu-jitsu, mixed-martial arts or the UFC, the reason is Royce Gracie. In the early 1990s, his dominance of the octagon brought his familys style of jiu-jitsu into the American mainstream, and the martial art has become immensely popular around the world ever since. In addition to his hand-to-hand combat skills, Gracie is also a fan of firearms and the Second Amendment. Shooting Illustrated Editor-in-Chief Ed Friedman sat down with Gracie to discuss his career, his love of freedom and his interest in guns.

SI: How did you get interested in firearms?

Royce Gracie: Growing up in Brazil, my dad had a few guns on our farm. Its part of martial arts. Sure, they say its empty hands, but so many styles use weapons, so its part of the martial arts culture. When I came to America and saw the freedom that we have, I was blown away. Back in the early days, we had a friend who would take us to the range, and wed shoot 100 rounds through a .45 ACP 1911. Our goal was to make the bullseye disappear, and I got the shooting bug. Shooting is an art. You need to know what youre doing, how to be safe, to recognize the skill needed to control that power. Its a lot like martial arts in that way.

SI: What makes someone who is so skilled in unarmed self-defense feel the need to own firearms?

Royce Gracie: What if theres more than one person? What if the adversary is armed? If its just one guy whos not armed, yeah, I can take care of him. But what if he pulls a gun? What if theres more than one attacker and they have knives? What happens if theres a terrorist attack? Ive got a mentality that Im going to try to stop an attack no matter what, but if hes got a gun, thats suicidal if Im not armed. Also, if a criminal is attacking other people, its not always feasible for even someone with my skills to stop that attack without a firearm.

Attackers arent going to make it a fair fight. They launch surprise assaults; they try to take you out to get to your family or your property. Its not the octagon. Theres no referee. And if he pulls a weapon, hes not just trying to fight mehes trying to kill me. At that point, youd be crazy to try to go hand to hand. I have a gun to defend myself if the situation escalates like that.

SI: Tell me a little about the situation in Brazil as it pertains to gun ownership and crime.

Royce Gracie: Brazil never had the degree of freedom we have in the U.S., but you used to be able to buy some guns. There were restrictions, but there were shops we could go to. Then, they essentially banned civilian ownership guns in what they said was an effort to fight crime. That resulted in the criminals arming themselves to the teeth. I mean, they had RPGs and machine guns. They get it from corrupt officials. Violence got out of control after that. It was like the law switched to protect the bad guys. So at the same time they disarmed the law-abiding citizens, they made life easier on the criminals. The murder rate went through the roof. Its so bad, the prisoners in jails get better food than the police!

SI: Why do people sign up for your classes? What is it about Brazilian jiu-jitsu that is so popular?

Royce Gracie: The main reason people go to any martial arts school is to gain confidence by learning skills. They may have had something happen to them or seen a situation that they didnt know how to react to. That stays with themthey dont go right away to learn about self-defense, but that thought stays filed away. Then one day a friend will say Hey, Im learning this martial art; lets go check it out. Then they go to class and start to get the hang of it. Its a lot of the same reasons why people buy a gun for the first time. People realize theyre vulnerable, but it often takes a while. Its not like they see a fight and say, I need to learn a martial art, but a while later that thought comes to the front and they sign up for a class. Its really all about the skills you need to be confident. Parents sign their kids up for the same reason; for the confidence that can come with the discipline that martial arts provide.

SI: What can people expect to learn in a Royce Gracie-taught class?

Royce Gracie: I teach them self-defense. I dont teach competition. Martial arts were made to defend yourself. A lot of schools teach you how to score points, but thats not real life. Competition can ruin a martial art. I teach how to defend yourself in a street-fight situation. Why do you buy a gun? Sure, there are a small number of people who want to be the best competitive shooter in the world, but for most of us, its for self-defense. And maybe that leads to competition, which is fine, but thats not why you signed up for a martial arts class or why you bought that first gun.

SI: What drew you to the NRA? How important is the Second Amendment to you?

Royce Gracie: TheNational Rifle Associationis the front line of keeping my right to keep and bear arms. Thats the way I look at it. I really respect the NRA, because I know from experience, from what happened to Brazil, how important the Second Amendment is. It is my right to defend myself, and the NRA makes sure that right will be there. Look what happened when they took those rights away in Brazil, in Venezuelait is vital to keep that right.

Want to take a class with Royce Gracie? VisitNRACarryGuardExpo.comtoday to sign up for the (limited-space) Brazilian jiu-jitsu class he will teach at the inaugural Carry Guard Expo in Milwaukee, WI, Aug. 25 to 27. Gracie will teach paying attendees several moves that could come in handy should you find yourself in a close-quarters criminal attack. He will also be signing autographs at the show. In addition, there will be seminars from world-class instructors like Steve Tarani, Travis Doc T and many others, so you wont want to miss the best event for those interested in self-defense.

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MMA Legend Royce Gracie On The Second Amendment - The Daily Caller