Daily Archives: November 13, 2014

UN rappporteur to "investigate" NSA / GCHQ agency spying – Video

Posted: November 13, 2014 at 6:48 pm


UN rappporteur to "investigate" NSA / GCHQ agency spying
Meet Martin from Munich, Germany. Martin calls the show to talk about experiences involving the holy spirit. He reads a letter his wife wrote about her experiences in church with the holy spirit,...

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NSA phone snooping ban set for Senate vote

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Senate Democrats took the first steps Wednesday to set a final vote on a bill to halt the NSAs phone-snooping program, in a move that signals a developing consensus to try to shut the program down before the end of the year.

Democratic leaders set a first test vote for Friday, which would likely be followed by final passage next week adding yet another major issue to the list of priorities in the short lame-duck session.

Senators will vote on a revamped version of the bill written by SenateJudiciary Committee Chairman Patrick J. Leahy, Vermont Democrat, choosing that option over a more NSA-friendly bill that passed the House earlier this year.

The American people are wondering whether Congress can get anything done, Mr. Leahy said in statement. The answer is yes.

Under the NSA phone program, revealed by former government contractor Edward Snowden, the government collected the numbers, times and durations of phone calls made by Americans. The information was stored for years, so government analysts could use it to try to track down potential terrorist links.

The Obama administration defended the program, saying it had approval of a special secret court and had been run by a small group of members of Congress who oversee intelligence activities. But many other lawmakers felt the program went too far including Rep. F. James Sensenbrenner Jr., author of the 2001 Patriot Act that the government used as legal justification for the program.

There is no excuse not to pass this fundamental piece of legislation during the lame duck, said Mr. Sensenbrenner, Wisconsin Republican.

Senate Majority Leader Harry Reid moved to schedule the votes. He had resisted for months as an internal fight brewed within his party between Mr. Leahy on the one hand and Sen. Dianne Feinstein, California Democrat and chairwoman of the Senate intelligence committee, who had written a more lenient bill that would have let the NSA continue to collect phone records.

But with Democrats time in control of the Senate about to end, Mr. Reid acted.

Not everyone is on board with Mr. Leahys bill, which bans bulk collection of Americans records and requires the government to be more selective when it seeks data.

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Tech, digital rights groups applaud Senate move on NSA reform

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Several technology and digital rights groups have praised a U.S. Senate move toward passing legislation that would rein in the National Security Agencys domestic telephone records collection program.

A procedural vote on the USA Freedom Act could come as early as Tuesday, with a final vote on the bill in the days following. The bill, aimed at ending the NSAs widespread collection of U.S. telephone records, would have to pass both the Senate and the House of Representatives by the end of the year to become law.

Senate Majority Leader Harry Reid, a Nevada Democrat, filed a motion to move the bill forward late Wednesday.

Among the groups applauding the decision to move forward with the bill were software trade group BSA, tech trade group the Computer and Communications Industry Association, digital rights group the Center for Democracy and Technology and justice advocacy group the Brennan Center for Justice.

The legal reforms in the USA Freedom Act send a clear signal to U.S. citizens and Internet users around the world that Congress is serious about reforming government surveillance practices, and providing the judiciary and the public with tools that allow better oversight over remaining narrowed programs, CCIA President and CEO Ed Black said by email.The USA Freedom Act closes key loopholes on bulk call data collection and offers greater transparency, which is essential for citizens in a free democracy.

Libraries have been fighting against government searches allowed under the antiterrorism Patriot Act for 13 years, said American Library Association President-elect Sari Feldman.

The Senate bill gives Congress the opportunity to prove to the American people that their freedom from broad surveillance by their own government matters more than political posturing, Feldman said in a statement. Its time, way past time, to finally vote on and pass [the] bipartisan, intelligence community-backed USA Freedom Act without weakening its already modest protections for the public.

While the bill has a good chance of passing in the Senate, it may face a tougher test in the House, where several prominent lawmakers have suggested the legislation would hurt the ability of the U.S. government to fight terrorism. House members approved a compromise, watered-down version of the bill in May.

While top officials in President Barack Obamas administration have voiced support for the stronger Senate version of the bill, some lawmakers have suggested the bill would endanger the U.S.

The Senate bill would require the NSA to use specific selection terms to limit its targets in the telephone records collection, and require the government to issue reports on the number of people targeted in surveillance programs.

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Plumbing the Depths of NSAs Spying

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The complexityof the National Security Agencys spying programs has made some of its ex-technical experts the most dangerous critics since they are among the few whounderstandthe potential totalitarian risks involved, as ex-NSA analyst William Binney showed in an interview with journalist Lars Schall.

By Lars Schall

William Binney, who spent 36 years in the National Security Agency rising to become the NSAs technical director for intelligence, has emerged as one of the most knowledgeable critics of excesses in the NSAs spying programs, some of which he says managed to both violate the U.S. Constitution and prove inefficient in tracking terrorists.

Binney has been described as one of the best analysts in NSAs history combining expertise in intelligence analysis, traffic analysis, systems analysis, knowledge management and mathematics (including set theory, number theory and probability). He resigned in October 2001 and has since criticized the NSAs massive monitoring programs. After leaving the NSA, he co-founded Entity Mapping, LLC, a private intelligence agency, together with fellow NSA whistleblower J. Kirk Wiebe.

Former National Security Agency official William Binney sitting in the offices of Democracy Now! in New York City. (Photo credit: Jacob Appelbaum)

Lars Schall: You were invited this year as a witness by the NSA commission of the German parliament, the Bundestag. How has it been to speak there and what did you try to get across?

William Binney: I was there for about six hours testifying with a half hour break in the middle. So it was quite intense. There were so many questions. Some of them I didnt have answers for because I didnt have knowledge about it, and I tried to make those clear and tried to give them information about things I knew personally. I didnt want to extrapolate beyond that.

Initially, they were asking questions about my background which was, I guess, setting the stage for the follow on questions, but in the long run they were interested in the relationships with the BND and the NSA. I think part of the break in the middle had to do with something that happened there and that a BND person was implicated in spying on the commission when it was investigating the relationship, and they were also passing that information to NSA, at least that was alleged at that time, I dont know if thats true or not.

Anyway, it was quite lengthy and very thorough, and my whole point was to try to get across to them that what NSA and the intelligence community in the Five Eyes, at least, and probably in some of the other countries (I dont know exactly which ones and Ive made this clear, but I think theyre not doing it alone) is the idea of collecting massive amounts of data is just like the STASI except this time I kind of tried to get across to them that its like the STASI on super steroids.

As Wolfgang Schmidt, the former lieutenant colonel of East German STASI, commented about NSAs surveillance program: For us, this would have been a dream come true. Well, thats the whole point of it, its so invasive, its digital surveillance on a massive scale, and I tried to get that across to them. Because this is basically a fundamental threat to our democracy and every democracy around the world. You know, I call it over here in the United States the greatest threat to our democracy since our Civil War.

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4 5 Decrypting Your Devices Fifth Amendment Privilege 10 51 – Video

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4 5 Decrypting Your Devices Fifth Amendment Privilege 10 51

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4 5 Decrypting Your Devices Fifth Amendment Privilege 10 51 - Video

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Palmer school officials cited Fifth Amendment in charter revocation hearing – 77 times

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Even in a school district with more than its share of charter-school controversies, the answers stood out. Questioned about billing practices, two officials of an embattled Philadelphia charter school cited their Fifth Amendment right to silence - 77 times.

At hearings on whether to revoke the Walter D. Palmer school's charter, the questions ranged from hard-nosed ("Isn't it true that you lied . . . about accurately submitting invoices?") to humdrum ("Do you have a master's degree?").

Daira Hinson, the Palmer school's director of administration, invoked the Fifth Amendment 22 times in the hearings, which ended last week. Richard Troutman, its controller, did so 55 times.

"It is the first time in anybody's knowledge that a witness has pleaded the Fifth in a charter hearing," said district spokesman Fernando Gallard. "It's very surprising that two high-level administrators decided to plead the Fifth when we are asking questions on issues of overpayment. We're talking about $1.5 million over one single fiscal year."

The Inquirer obtained a transcript of the hearings via a Right To Know Law request.

While last month's abrupt closing of the Palmer charter's high school in Frankford caused turmoil for students and staff, the transcript sheds new light on the scope of the school's problems - which also include an ongoing federal investigation. An agent from the U.S. Department of Education's inspector general's office sat in on portions of the hearings.

Another witness in the hearings was school founder Walter D. Palmer, who stressed that citing their Fifth Amendment right against self-incrimination did not make school officials "guilty of anything."

On Monday he also defended his school in an Inquirer interview, saying, "They could bring a U-Haul in, and they are not going to find any culpability."

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Charter school officials pleaded 'Fifth' 77 times

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Posted: Wednesday, November 12, 2014 8:56 am | Updated: 12:06 pm, Wed Nov 12, 2014.

Charter school officials pleaded 'Fifth' 77 times Associated Press |

PHILADELPHIA (AP) Officials from an embattled Philadelphia charter school invoked their Fifth Amendment right against self-incrimination 77 times at hearings on the future of its charter.

The Philadelphia Inquirer reports Wednesday (http://bit.ly/1xgZtMI ) administrators from the Walter Palmer Leadership Learning Partners Charter School refused to answer questions on topics ranging from qualifications to the accuracy of invoices.

Last week's hearings were part of the Philadelphia school district's fight to revoke Walter Palmer's charter amid academic and financial stability concerns. The school's also the subject of a federal investigation.

A court recently ordered the school to return $1.5 million to the district after finding it enrolled twice the number of students allowed.

Walter Palmer shut down its high school last month in the city's Frankford neighborhood, forcing 280 students to enroll in other institutions.

___

Information from: The Philadelphia Inquirer, http://www.inquirer.com

2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Philadelphia charter school officials pleaded Fifth 77 times

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PHILADELPHIA Officials from an embattled Philadelphia charter school invoked their Fifth Amendment right against self-incrimination 77 times at hearings on the future of its charter.

The Philadelphia Inquirer reported Wednesday that administrators from the Walter Palmer Leadership Learning Partners Charter School refused to answer questions on topics ranging from qualifications to the accuracy of invoices.

Last week's hearings were part of the Philadelphia school district's fight to revoke Walter Palmer's charter amid academic and financial stability concerns. The school's also the subject of a federal investigation.

A court recently ordered the school to return $1.5 million to the district after finding it enrolled twice the number of students allowed.

Walter Palmer shut down its high school last month in the city's Frankford neighborhood, forcing 280 students to enroll in other institutions.

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Calif. court puts conceal-carry restrictions on brink – VIDEO: 'Impossible' to get permit in DC?

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Published November 12, 2014

A procedural decision in a landmark Second Amendment case could spell the end for California laws restricting the issuance of permits to carry concealed handguns.

The decision by the 9th U.S. Circuit Court of Appeals would bar other law enforcement officials, including state Attorney General Kamala Harris, from gaining "intervener status" to join in further challenges of its ruling in a case originally brought by an independent journalist who sued the San Diego County Sheriffs Department over its policy of requiring a specific reason for being allowed to carry a concealed weapon in public.

San Diego County Sheriff Bill Gore has said he will not fight the ruling, meaning there is no one with standing left to challenge the decision made in February.

Since becoming Sheriff, I have always maintained that it is the legislatures responsibility to make the laws, and the judiciarys responsibility to interpret them and their constitutionality, Gore wrote in a letter to the county board of supervisors earlier this year, in which he said the courts decision gave him clarity on the issuance of licenses. Law enforcements role is to uphold and enforce the law.

Edward Peruta sued Gores department over its policy of requiring a specific reason for being allowed to carry a concealed weapon in public, restrictions other counties around the state also had in place.

In its bombshell ruling earlier this year, the 9th Circuit found those policies to be unconstitutional and held that law-abiding citizens have a right to bear arms under the Constitutions Second Amendment and could not be required to justify their reasons for carrying concealed weapons. The panel simultaneously ruled on a similar case brought in Yolo County, and that county's sheriff, Edward Prieto, has not indicated he will drop further appeals, which could be heard en banc by all of the 9th Circuit judges or by the U.S. Supreme Court. Harris could try to join Prieto's case, although Wednesday's ruling appears to make it unlikely she would be allowed.

California counties have differed on policy in the wake of the February decision, with Orange County issuing the permits on request and others waiting for a resolution in the case.

One judge on the panel disagreed with Wednesdays ruling, saying the state should be able to intervene in the case to present an argument on an important constitutional question affecting millions of citizens.

The law would still not allow felons or the mentally ill to possess firearms, and would still prohibit the carrying of them in places such as schools and government buildings.

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Calif. court puts conceal-carry restrictions on brink - VIDEO: 'Impossible' to get permit in DC?

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I was wrong about the Second Amendment: Why my view of guns totally changed

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Noah Pozner did nothing to change my mind, except die. Before he died, I believed a few sensible gun laws could save children like Noah Pozner. After he died, after he and his Sandy Hook classmates were mowed down by a man with a gun, I changed my mind.

After he died, I realized an old custom had to die with him, so a nobler one could take its place. Before Noah Pozner died, I thought there was nothing wrong with the Second Amendment a little common sense couldnt fix. After he died, Ive come to believe the right of the people to keep and bear Arms no longer promotes our life, liberty and pursuit of happiness, but daily threatens them. How free are we when more people are shot and killed each year in America than populate the towns in which many of us live? How free are we when a backpack that unfolds into a bulletproof covering is a must-have item for schoolchildren?

A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

While I concede that a well-regulated militia might be necessary to the security of a free state, that role is now ably served by our military, professionally trained and highly disciplined, drawn from the ranks of our families and friends, from whom we have nothing to fear. We no longer need Minutemen. The British have not surrounded Concord. This is not Independence Dayand were not under alien attack. I cannot imagine any circumstance in which our government would urge us to arm ourselves in defense of our country. Our nation has outgrown its need for an armed citizenry. The disadvantages of widespread gun ownership far outweigh any perceived advantage. Ask the parents of Noah Pozner. Ask African-American residents of Ferguson, Missouri. Ask what Americas love affair with guns has meant to them.

The merit of a position can be gauged by the temperament of its supporters, and these days the NRA reminds me of the folks who packed the courtroom of the Scopes monkey trial, fighting to preserve a worldview no thoughtful person espoused. This worship of guns grows more ridiculous, more difficult to sustain, and they know it, hence their theatrics, their parading through Home Depot and Target, rifles slung over shoulders. Defending themselves, they say. From what, from whom? I have whiled away many an hour at Home Depots and Targets and never once come under attack.

They remind me of the Confederates who fought to defend the indefensible, sacrificing the lives of others in order to preserve some dubious right they alone valued. They would rather die, armed to the teeth, than live in a nation free of guns and their bitter harvest. You can have my gun when you pry it from around my cold, dead fingers, their bumper stickers read. How empty their lives must be if life without a gun is not worth living.

The first thing Hitler did was confiscate guns,the gun lovers warn, a bald lie if ever there was one. But lets suspend reality and imagine it was true. Where is the Hitler in Canada, in England, in Sweden, in every other civilized nation whose citizens have resolved to live without guns? Let the NRA trot out its tired canard about the housewife whose husband thoughtfully armed her, who shot the intruder and saved her family. I will tell you about the father who mistook his son for a burglar and shot him dead, about the man who rigged a shotgun in his barn to discourage thievery and accidentally slew his precious little girl when she entered the barn to play with her kittens.

What drives this fanaticism? Can I venture a guess? Have you noticed the simultaneous increase in gun sales and the decline of the white majority? After the 2010 census, when social scientists predicted a white minority in America by the year 2043, we began to hear talk of taking back our country. Gun shops popped up like mushrooms, mostly in the white enclaves of Americas suburbs and small towns. One cant help wondering if the zeal for weaponry has been fueled by the same dismal racism that has propelled so many social ills.

When I was growing up, our schools and colleges were unmatched, our medical care unrivaled, our infrastructure state-of-the-art, our opportunities unlimited. America set the gold standard. We can be great again, but not without addressing the fear and ignorance that feed our gun culture, for no nation can ascend until it cures the virus of violence. We cannot let the most fearful among us set our nations tone, lest we descend to that sorry state we labored centuries to rise above. It is time for America to grow up, to become adults, so that children like Noah Pozner have a fighting chance to do the same.

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