Daily Archives: April 5, 2017

Former CIA Analyst: Susan Rice’s NSA demasking denials don’t add up – Fox News

Posted: April 5, 2017 at 4:30 pm

In an interview with Andrea Mitchell on MSNBC Tuesday, former National Security Adviser Susan Rice broke her silence over this weeks stunning reports that she requested the names of Trump campaign and transition officials be demasked from National Security Agency (NSA) intercepts.

It was an awkward interview. Rice confirmed that she requested the demasking of Americans while she was National Security Adviser. While Rice would not deny that she asked that names of Trump officials be demasked, she insisted the Obama administration did not spy on Mr. Trump or his staff for political purposes. She also offered some questionable explanations for the demasking process.

As a former CIA analyst who has handled requests for demasking the names of American citizens for a U.S. policymaker, I thought Rices claims in her interview did not add up.

The names of U.S. citizens incidentally mentioned in NSA reports are masked to preserve their identities because Americas intelligence agencies are barred from spying on American citizens except in extraordinary circumstances with court approval.

Rice correctly said in her interview that policymakers sometimes request to know the identities of Americans from NSA reports to understand these reports in certain circumstances. She also tried to dismiss this controversy by claiming NSA demasking requests are routine.

They actually are not routine and taken very seriously by NSA.

Rice also said there is an Intelligence Community process to review whether to approve demasking requests. This seemed to be an attempt by Rice to make her requests look legitimate because NSA carefully reviewed them.

In fact, this review is pro forma. If a senior official gives what appears to be a national security reason, demasking requests are almost always approved.

Rices interview came amid a growing controversy that the Obama administration abused U.S. intelligence to spy on the Trump campaign and leak intelligence to the press to hurt Trump. This included the illegal leaking of General Michael Flynns name from an NSA report and press reports that the Obama administration in its final weeks lowered the threshold for access to NSA information and spread intelligence about Russian interference in the election and alleged collusion between Russia and the Trump campaign throughout the government.

Also factor in House Intelligence Committee Chairman Devin Nuness disclosure in a March 22 press conference that the names of Trump campaign or transition officials were demasked from NSA reports that had nothing to do with Russia or alleged wrongdoing by the Trump campaign.

Bloomberg reporter Eli Lake confirmed this in a bombshell April 3 report in which he said the demasked reports contained valuable political information on the Trump transition. Lake also broke the story that Rice asked for the demaskings in this report.

An April 3 Daily Caller report that Rice ordered U.S. spy agencies to produce detailed spreadsheets of legal phone calls involving Donald Trump and his aides when he was running for president makes this story more interesting. Rice denied this allegation during her MSNBC interview.

Rices denials dont add up. It is hard to fathom how the demasking of multiple Trump campaign and transition officials was not politically motivated. While it was legal for her to do this, it was highly unethical and would be a huge scandal if a Republican senior official sought the names of Democratic political opponents from U.S. intelligence reports.

My guess is that Rices demasking requests were on behalf of the Obama National Security Council and were part of a broad campaign that began in early 2016 to abuse U.S. intelligence to hurt the Trump candidacy and then his presidency.

It wouldnt surprise me if former Deputy National Security Council Ben Rhodes was deeply involved in this campaign.

Despite determined efforts by the mainstream media to stamp out this story, the smoke of this scandal continues to grow.

Susan Rices interview Tuesday added more smoke.

Fred Fleitz is senior vice president for policy and programs with the Center for Security Policy, a Washington, DC national security think tank. He held U.S. government national security positions for 25 years with the CIA, DIA, and the House Intelligence Committee staff. Fleitz also served as Chief of Staff to John R. Bolton when he was Under Secretary of State for Arms Control and International Security in the George W. Bush administration. Fleitz specializes in the Iranian nuclear program, terrorism, and intelligence issues. He is the author of "Peacekeeping Fiascos of the 1990s: Causes, Solutions and U.S. Interests" (Praeger, May 30, 2002).

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Former CIA Analyst: Susan Rice's NSA demasking denials don't add up - Fox News

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Yul Williams on fostering innovation at the NSA – Washington Post

Posted: at 4:30 pm

Courtesy of NSA

Yul Williams is the technical director for the National Security Agency/Central Security Service, working with computer scientists, mathematicians and engineers to develop new technologies in the cybersecurity field that will assist the agency in its intelligence operations. In a conversation with Tom Fox, Williams described an NSA idea incubation technique that has led to many innovations. Fox is a guest writer for On Leadership and the vice president for leadership and innovation at the nonprofit, nonpartisan Partnership for Public Service. The conversation has been edited for length and clarity.

What is your main area of focus at the National Security Agency?

My work is centered on cybersecurity, and its mostly of a defensive nature. We are trying to gather ideas from the workforce that we can develop and implement to enhance our overall mission. Our CYBERx incubation model provides a venue where anyone in the workforce can present concepts to an audience of senior leaders that may have the potential to affect the manner in which we conduct business.

If I am an NSA employee and I have an idea, how do I get it to you?

We developed a crowdsourcing tool that is available to the NSA workforce. The workforce can look at the idea submitted and vote for or against it. They can leave comments saying why an idea is great or that it has been tried before. Afterward, a group known as the Innovators In Residence reviews the idea and decides how we can bring it into the incubation stage.

What happens next?

We guarantee the idea champion will have an audience within four weeks with the Innovators in Residence, which will make the determination whether the idea should move to the next stage. The group makes a list of all the good and bad things about the idea. The focus is mostly on the negative comments because they surface the institutional fears as to why the idea hasnt been implemented before. Our emphasis is on proving why those fears are unfounded. If the idea champion cannot overcome those concerns, the idea dies on the spot. We refer to this concept as a fast failure, and it limits the energy expanded on ideas with low mission potential. If the idea has merit, the group helps the idea champion develop a pitch that can be used to convince the organization of the value of the idea to the bottom line.

What happens if an idea passes that phase?

The idea champion is given an audience with the RIP or the Resource Investment Panel that is made up of NSA senior leaders who run organizations and have staff. Instead of giving funding for the first round of development, we ask the RIP to loan a resource to the project. For example, a resource may be an analyst who might have skill in microelectronics or optoelectronics. Once the RIP concurs, it provides resources to the idea champion who then has up to five months to conduct experiments. During that phase, the idea champion must periodically meet with the RIP and explain the experiments status. If all of the requirements are satisfied, the idea champion meets with the same panel, now called the Strategic Investment Panel or SIP. The SIP must come to a consensus about turning the idea into a product and deploying it.

How many ideas on average go through this process?

There are around 117 ideas percolating in the crowdsourcing process.

Can your approach be adopted by other agencies?

I would strongly encourage other federal agencies to adopt an incubation model. I am shocked at the amount of interest employees have in lending their ideas to make us a better agency. You should see the passion that people bring to the table and the pride they have when their idea makes it to the end of the incubation model or is even considered. We dont attribute failure of an idea as a personal failure. We celebrate that the person was willing to step away from what they do on a daily basis and take an idea through the process.

Tell me about your management philosophy or management style.

My leadership style is to respect the professionalism of the people I work with. I learned long ago that if youre working with low-skilled people, it is more direction-oriented. In this environment, we have very professional people, so you want to leverage what they have to offer and challenge them to do things that they did not believe were possible. I find that people always exceed their own expectations.

Have you learned any important leadership lessons during your time as a manager?

One of the lessons I learned is to always seek out others who have more experience in areas where you may be lacking so you can consider a wider range of ideas. It is important to confer with a diverse set of people who you can bounce ideas off of and those that help you to grow as a professional and as a person.

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A Harvard professor on the five questions to ask when facing tough decisions

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Yul Williams on fostering innovation at the NSA - Washington Post

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CIA, NSA Aren’t the Only Federal Agencies Violating Privacy – American Spectator

Posted: at 4:30 pm

Wikileaks recent dump of classified information related to the CIAs secret hacking operations has once again sparked a conversation about privacy in the digital age. While similar secret surveillance programs like the NSAs PRISM have been in the public eye for years, other government agencies thatmishandle millions of Americans private information in the light of day are often left unchecked.

Take the U.S. Census Bureau, for example. Since 2005, Census has selected approximately three million Americans annually to complete the American Community Survey (ACS), collecting information on the nations demographic, social, economic, and housing characteristics. While theres no question that the ACS collects some valuable information, the intrusive nature of the survey and the poor security measures with which Census handles respondents personal information should be a cause for concern no less sothan any surveillance by the CIA or NSA.

The methods used by Census Bureau employees can vary in the degree to which they violate a persons privacy. Some may only receive letters in the mail, appealing to the persons sense of community, with a veiled threat if they do not comply. Others have received a personal visit from a Census employee, often resulting in pressure or downright intimidation to complete the survey.

Take Kimberly Hayes of Sapulpa, Oklahoma. After being threatened with a fine by mail for refusing to fill out the form because some of the questions made her uncomfortable, a man sent by Census visited her home unannounced in the hopes of getting her to complete the ACS. The man started walking around and was looking in windows, according to Hayes.

If this gentleman had been trying to conduct a survey on behalf of a companys marketing department, Hayes could have told him to get lost without fear of repercussions. She might even have been able to prosecute him for trespassing. So long as the ACS exists, however, the letter of the law is against people like Hayes. If our government treated its citizens with the respect that companies reserve for their customers, violations of privacy would be far less frequent.

Unfortunately, our government is more often a technological laggard than a pathbreaker. Census has been remarkably slow in following the private sectors civilizing example. Recipients who fail to fill out the online ACS are sent a paper copy that they are asked to return in the mail, chock-full of personal information that could be damaging in the wrong hands. Questions range from the embarrassing (e.g. Question 18b, Does this person have difficulty dressing or bathing?) to the dangerous (e.g. Question 33, What time did this person usually leave home to go to work last week?).

Furthermore, the Census database is vulnerable. It has already been hacked into as recently as 2015. While Census tried to reassure nervous Americans that survey information remains safe, secure and on an internal network, bureaucrats dont always follow internal safety protocols. In 2011, the State Department operated an internal network that broke federal standards and may have left sensitive material vulnerable to hackers according to the Associated Press.

Many ACS answers are already compromised by design. On the Bureaus microdata website, anyone can download data of anonymous individualized ACS responses for areas with as few as 600 people. The only defense against those who might use ACS data for nefarious purposes is the bolded command: Use it for GOOD never for EVIL.

There are better ways to acquire sensitive information while protecting the privacy of citizens. For instance, in Europe, there are many viable census models already in place that drastically reduce privacy violations, and are more cost effective to boot.

The Netherlands, Slovenia, and Austria are among eight European countries that obtain census data without employing costly survey employees to harass their constituents. These countries use models that only process data from what other government agencies have already collected, so there is no added risk of privacy violations from mandatory and redundant surveys. The monetary and psychological costs of harassment suggest that we should look for foreign alternatives, perhaps even outside any government solution.

If the destruction of the ACS does indeed leave a void in the market for knowledge, then a private company could fill this gap, while heeding a mandate to respect our privacy. The fact of the matter is that our government has rarely prioritized the right to privacy for American citizens, regardless of which party is in power.

The benefits of the ACS have been greatly exaggerated, especially when we consider viable alternatives. The monetary costs of the ACS, while excessive at over $1.3 billion per year, are nothing compared to the psychological damage done to three million Americans annually. Our right to privacy has been offered up by our government on the altar of the common good. Americans who love their liberty should support replacing the ACS with a more conscientious alternative.

Census collection c. 1940 (Wikimedia Commons)

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Former NSA, CIA director Gen. Michael Hayden points to ‘tectonic shifts’ in national security – The Hub at Johns Hopkins

Posted: at 4:30 pm

By Saralyn Lyons

National security is undergoing a tectonic shift in the 21st century, Gen. Michael Hayden said Tuesday during a discussion at Johns Hopkins University's School of Advanced International Studies in Washington, D.C.

Haydenformer director of the NSA, the CIA, and a principal deputy director of national intelligence who served during the Clinton, Bush, and Obama administrationswarned that intelligence and security agencies not only face growing threats of cyberattacks and terror attacks, but also what he called "macro" issues that include a shakeup of the major players on the world stage.

Gen. Michael Hayden

Former NSA, CIA director

"We're kind of seeing the meltdown of the post-WWI [Treaty of] Versailles," he told Vali Nasr, dean of SAIS, who moderated the conversation. "The colonially created countries, which were always a bit artificial and held in place by a brand of autocracy that is no longer en vogue, will not survive."

Hayden predicted that the conflict in the Middle East will likely lead to the creation of entirely new nation-states in the region based on ideology rather than historical borders.

"That world that's falling away? It's got the stamp 'Made in America' on it," he said. "It is the product of American statecraft, and frankly was sustained by American power for 75 years."

Hayden warned against myopic forms of national defensestrategies that fail to address macro issues. The chemical attack in Syria on Tuesday is an example of an act of terror that deserves an investigation and strategic response, but he said that it pales in comparison to what he considers an "existential" threatthe prospect that "Syria doesn't exist anymore, and it's not coming back."

To help illustrate his point, he drew an imaginary graph in the air, with the X axis representing the timeline of a security threat, and the Y axis representing the severity. He said that issues such as cyberattacks and terrorism don't rate high on either axis, and gestured toward the bottom corner of the graph where the X and Y meet.

And yet, he said, those issues dominated his work at the CIA.

"Driven by the urgency and the immediacy of the threat, I was down in that corner," he said. "And now I fearto get modestly political on youI fear we have a political leadership whose attention is really down there, too, and that's going to make it hard to get us up here to the macro issues."

Those crucial issues, Hayden said, include the U.S. relationship with China, and the North Korean nuclear program.

"The Sino-American relationship's success or failure will broadly define how bright or how dark the 21st century is," he said. But that relationship is complicated by North Korea, which he called, among other things, "ambitious, brittle, and nuclear."

North Korea, Hayden said, only exists because of its nuclear program, which the U.S. works to counter in part by deploying anti-ballistic missile systems to South Korea. China, however, fears the collapse of North Korea, because it could lead to a refugee crisis, loss of control over North Korea's nuclear weapons, and the possibility of an American-friendly South Korean army mobilized in the region.

"My overly simplified metaphor is that North Korea is a bad toothache, and [the Chinese] know it's a bad toothache, and we keep saying, 'You know, you really should go in for a root canal,' and they keep saying, 'I'm just going to take some aspirin,'" Hayden said. "We have not yet convinced them of the dental discomfort to a sufficient level to begin to take more dramatic action [against North Korea]."

North Korea is among the big issues that Hayden said he gets asked about frequentlyquestions about what keeps him up at night.

"Before the end of President Trump's current term, the North Koreans will probably be able to reach Seattle with an indigenously produced nuclear weapon aboard an indigenously produced intercontinental ballistic missile," he said. "I know it's a low-probability shot, but what kind of odds are you comfortable with?"

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Former NSA, CIA director Gen. Michael Hayden points to 'tectonic shifts' in national security - The Hub at Johns Hopkins

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NSA Janjua says UK providing safe abode to MQM founder, Baloch leaders – Geo News, Pakistan

Posted: at 4:30 pm

ISLAMABAD: National Security Adviser (NSA) Lt General Nasser Janjua while meeting a British delegation said that the United Kingdom was unfortunately, preferring individuals over state relationship.

A seven-member British Parliamentary delegation while visiting discussed regional and global issues with Janjua, which were significant for both Pakistan and United Kingdom (UK).

The visiting delegation exchanged views on matters pertaining to further enhancing bilateral cooperation, a press release said.

The NSA said Pakistan highly values its relationship with the UK which has a strategic character and stressed the need for further improving the understanding between the two countries to strengthen ties and exploring more areas of cooperation.

The members of delegation sought the opinion of NSA on many serious issues and challenges faced both by the UK and Pakistan.

The NSA briefed them at length about the rise of extreme thought, extremism, conflict in Muslim world, rise of Daish, resilience and sacrifices of Pakistani nation, seeking closure of overall conflictual situations in the region and world, control and restraints of social media to curb spread of extremism and implementation of National Action Plan.

The delegation specially broached the subject of Altaf Hussain, relationship with India, Kashmir dispute and India's threat to stop water for Pakistan.

The NSA elaborately explained how the UK was, unfortunately, preferring individuals over state relationship.

In addition to Altaf Hussain, he mentioned some Baloch leaders who find their safe abode in the UK.

Referring to India, he explained how the fragile security architecture of the region was fast becoming under stress and had started to suffer from serious imbalance.

The NSA also urged the UK to have a balanced regional approach as the imbalance in the region was becoming critical which needed to be retrieved and restored immediately.

The NSA also apprised the delegates of a greater and brighter future which Pakistan holds by providing largest geo-strategic connectivity to the world.

The leader of the delegation said the UK understood and acknowledged the role of Pakistan against terrorism.

The members of the delegation also appreciated the resilience of Pakistani nation against terrorism and wished to strengthen and diversify relations with Pakistan to face the challenges of future together.

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Firearms technology and the original meaning of the Second Amendment – Washington Post

Posted: at 4:28 pm

Gun-control advocates often argue that gun-control laws must be more restrictive than the original meaning of the Second Amendment would allow, because modern firearms are so different from the firearms of the late 18th century. This argument is based on ignorance of the history of firearms. It is true that in 1791 the most common firearms were handguns or long guns that had to be reloaded after every shot. But it is not true that repeating arms, which can fire multiple times without reloading, were unimagined in 1791. To the contrary, repeating arms long predate the 1606 founding of the first English colony in America. As of 1791, repeating arms were available but expensive.

This article explains why the price of repeating arms declined so steeply. Then it describes some of the repeating arms that were already in use when the Second Amendment was ratified, including the 22-shot rifle that was later carried on the Lewis andClark expedition.

One of the men to credit for why repeating arms became much less expensive during the 19th century is James Madison, author of the Second Amendment. During Madisons presidency (1809-17), Secretary of War James Monroe (who would succeed Madison as president), successfully promoted legislation to foster the development of firearms technology. In particular, the federal armories at Springfield, Mass., and Harpers Ferry, Va., were ordered to invent the means of producing firearms with interchangeable parts.

To function reliably, repeating firearms must have internal components that fit together very precisely much more precisely than is necessary for single-shot firearms. Before President Madison and Secretary Monroe started the manufacturing revolution, firearms were built one at a time by craftsmen. Making a repeating arm required much more time and expertise than making a single-shot firearm.Howto make repeating arms was well-known, but making them at a labor cost the average person could afford was impossible.

Thanks to the technology innovation labs created at Springfield and Harpers Ferry, inventors found ways to manufacture firearms components at a higher rate, and with more consistency for each part. Instead of every part being made by hand, parts were manufactured with machine tools (tools that make other tools). For example, the wooden stocks for rifles could be repetitively manufactured with such precision that any stock from a factory would fit any rifle from the factory, with no need for craftsmen to shave or adjust the stock.

In New England, the Springfield Armory worked with emerging machinists for other consumer products; the exchange of information in this technology network led directly to the Connecticut River Valley becoming a center of American consumer firearms manufacture, and to rapid improvements in the manufacture of many other consumer durables. The story is told in: Ross Thomson, Structures of Change in the Mechanical Age: Technological Innovation in the United States 1790-1865 (2009);Alexander Rose, American Rifle: A Biography (2008); David R. Meyer, Networked Machinists: High-Technology Industries in Antebellum America (2006); David A. Hounshell, From the American System to Mass Production, 1800-1932 (1985); Merritt Roe Smith, Harpers Ferry Armory and the New Technology: The Challenge of Change (1977);Felicia Johnson Deyrup, Arms Makers of the Connecticut Valley: A Regional Study of the Economic Development of the Small Arms Industry, 1798-1870 (1948). By the 1830s, manufacturing uniformity was sufficiently advanced that repeating arms were becoming widely affordable, and no longer just for the wealthy.

What kind of repeating arms were available before1815, when the Madison-Monroe mass production innovation program began? The state of the art was theGirandoni air rifle, invented around 1779 for Austrian army sharpshooters. Lewis and Clark would carry a Girandoni on their famous expedition, during the Jefferson administration. The Girandoni could shoot 21 or 22 bullets in .46 or .49 caliber without reloading. Ballistically equal to a firearm, a single shot from the Girandoni could penetrate a one-inch wood plank, or take an elk. (For more on the Girandoni, see my article The History of Firearms Magazines and Magazine Prohibitions, 88 Albany L. Rev. 849, 852-53 (2015).)

The first repeaters had been invented about three centuries before. The earliest-known model is a German breech-loading matchlock arquebus from around 1490-1530 with a 10-shot revolving cylinder.M.L. Brown, Firearms in Colonial America: The Impact on History and Technology, 1492-1792, 50 (1980). Henry VIII had a long gun that used a revolving cylinder (a revolver) for multiple shots.W.W. Greener, The Gun and Its Development, 81-82 (9th ed. 1910). A 16-round wheel lock dates from about 1580.Kopel, at 852.

Production of repeaters continued in the seventeenth century. Brown, at 105-6 (four-barreled wheel-lock pistol could fire 15 shots in a few seconds); John Nigel George, English Guns and Rifles, 55-58 (1947) (English breech-loading lever-action repeater, and a revolver, made no later than the British Civil War, and perhaps earlier, by an English gun maker).

The first repeaters to be built in large quantities appear to be the 1646 Danish flintlocks that used a pair of tubular magazines, and could fire 30 shots without reloading. Like a modern lever-action rifle, the next shot was made ready by a simple two-step motion of the trigger guard. These guns were produced for the Danish and Dutch armies. Brown, at 106-7.

In Colonial America, repeating arms wereavailable for people who could afford them, or who were skilled enough to make their own. For example, in September 1722, John Pim of Boston entertained some Indians by demonstrating a firearm he had made. Although loaded but once, it was discharged eleven times following, with bullets in the space of two minutes each which went through a double door at fifty yards distance. Samuel Niles, A Summary Historical Narrative of the Wars in New England, Massachusetts Historical Society Collections, 4th ser., vol. 5, 347 (1837). Pims gun may have been a type of the repeating flintlock that became popular in England from the third quarter of the 17th century, and was manufactured in Massachusetts starting in the early eighteenth. Harold L. Peterson, Arms and Armor in Colonial America 1526-1783, 215-17(Dover reprint 2000) (Smithsonian Institution 1956). Another repeating flintlock, invented by Philadelphias Joseph Belton, could fire eight shots in three seconds. Idem,217. Pim also owned a .52 caliber six-shot flintlock revolver, similar to the revolvers that had been made in England since the turn of the century. Brown, 255.A variety of multi-shot pistols from the late eighteenth century have been preserved, holding two to four rounds. Charles Winthrop Sawyer, Firearms in American History: 1600 to 1800, 194-98, 215-16 (1910).

The repeaters described above werenotthe most common arms. It would take two decades for the program begun by President Madison to result in repeating arms beginning to become affordable to the middle class. So in the seventeenth and eighteenth centuries, a person who could not afford an expensive repeater, but who wanted to be able to fire more than one bullet without reloading, would often buy ablunderbuss. The blunderbuss was the size of a very large handgun. Its muzzle flared outward slightly, like a bell. This made it easier to load while bouncing in a stagecoach, or on a swaying ship. The blunderbuss could fire either one large projectile, or several at once. Most often it was loaded with about 20 large pellets, and so it was devastating at short range. The name seems an adaptation of the Dutch donder-buse or thunder gun.

Excellent for self-defense at close quarters, the blunderbuss was of little use for anything else, having an effective range of about 20 yards. Militarily, it was used by sailors to repel boarders. Stagecoach guards and travelers carried blunderbusses, and it was also a common arm for home defense.For more on the blunderbuss, see Brown and George, above.

No one would dispute that modern arms are much improved from 1791 in terms of reliability, accuracy, range and affordability. But the gap from the 22-shot Girandoni (powerful enough to take an elk) to a modern firearm is pretty small compared withthe changes in technology of the press. Compared to the one-sheet-at-a-time printing presses of 1791, the steam and rotary presses invented in the 19th century made printing vastly faster a speed improvement that dwarfs the speed improvement in firearms in the last 500 years. When the First Amendment was written, a skilled printer could produce 250 sheets in two hours. Today, a modern newspaper printing press can produce 70,000 copies of a newspaper (consisting of dozens of sheets) in an hour. Now, with digital publishing, a newspaper article can be read globally within minutes after it is written.

This means that irresponsible media can cause far more harm today than they could in 1791. For example, in 2005, Newsweek magazine published a false story claiming that American personnel at Guantanamo Bay had desecrated Korans belonging to prisoners there. Eventually, Newsweek retracted the story. But the phony story had already spread worldwide, setting off riots in six countries, in which over 30 people were killed.Had Newsweek been using 18th-century printing presses, the false story would have mostly been read by several thousand people in the New York City area, where Newsweek is based. It would been months if ever before the Newsweek issue with the false story was read by anyone in Pakistan or Afghanistan.

We do not limit any constitutional right to the technology that existed in 1791. In District of Columbia v. Heller, the court observed:

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35-36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

This is an accurate statement of constitutional law, but it understates how truly frivolous the argument against modern firearms is. The people who ratified the Bill of Rights certainly didnot anticipate the invention centuries later of the Internet or of thermal imaging sensors. The American people of 1791 did not have to anticipate the invention of repeating arms, because such arms had been in existence for centuries.

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LA Clippers JJ Redick: Second Amendment Should ‘Evolve’ to Allow Gun Control – Breitbart News

Posted: at 4:28 pm

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He referenced the Second Amendment while talking about collegiate sports, contending that NCAA basketball players ought to be paid. In fact, Redick jumped from announcing the end of amateurism in collegiate sports to declaring the end of a Second Amendment that protects 21st century firearms.

According to the Los Angeles Times, Redick said:

The idea of amateurism, it doesnt exist anymore. And so if youre going to do what youre doing, then you just need that complete overhaul. Its got to be something radical. Its not just, Oh, lets just pay every player $5,000. It really requires something really radical. And maybe thats getting rid of college athletics as we know it.

He paraphrased a Thomas Jefferson quote to segue to guns, saying, I go back to the Thomas Jefferson quote Im going to butcher it, but its something weve all read. You wouldnt expect a little boy to wear the pea coat he wore as a boy as a grown man. You need to change with the times.

Redick then addressed gun control, saying laws should evolve in the same way he wants to see collegiate sports evolve. He said:

Laws should reflect that [change], rules, regulations, especially as we know more. Gun control. I dont want to get political, but gun control. Thats something that should evolve as technology evolves. When the 2nd Amendment was created, we had to worry about bears, people lived on the frontier and it took a minute to load a muzzle. I think laws should reflect where we are with guns.

Ironicallyjust one day before Redick made these commentsIndependent Institutes Dave Kopel wrote that gun control arguments framed around musket arguments show a lack of historical knowledge. Writing in The Washington Post, Kopel said:

Gun-control advocates often argue that gun-control laws must be more restrictive than the original meaning of the Second Amendment would allow, because modern firearms are so different from the firearms of the late 18th century. This argument is based on ignorance of the history of firearms. It is true that in 1791 the most common firearms were handguns or long guns that had to be reloaded after every shot. But it is not true that repeating arms, which can fire multiple times without reloading, were unimagined in 1791. To the contrary, repeating arms long predate the 1606 founding of the first English colony in America. As of 1791, repeating arms were available but expensive.

Kopels historical observation helps the reader better understand the Supreme Courts majority opinion in District of Columbia v. Heller (2008). In that opinion, late Justice Antonin Scalia pointed to judicial precedent to show the Second Amendment protects guns in common use at any given time. In other words, at all times the Second Amendment protects the guns commonly owned and used by law-abiding citizens. This means protection for the very 21st century firearms J.J. Redick believes justify more gun control.

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.

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‘Chicago Fire’ Teaches Petulant Teen First Amendment Rights in Best Way Possible – NewsBusters (blog)

Posted: at 4:28 pm

'Chicago Fire' Teaches Petulant Teen First Amendment Rights in Best Way Possible
NewsBusters (blog)
Chicago firefighter Christopher Herrmann (David Eigenberg) is shocked to learn that his son is suspended from school for refusing to recite the Pledge of Allegiance with his high school class in the April 4th episode of NBC's Chicago Fire titled Take ...

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'Chicago Fire' Teaches Petulant Teen First Amendment Rights in Best Way Possible - NewsBusters (blog)

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The First Amendment Looks Beautiful in Any Language | American … – ACLU (blog)

Posted: at 4:28 pm

If you find yourself in Times Square between now and June, look up. You may catch a glimpse of the First Amendment in Spanish, English, and Arabic.

The ad on the Reuters Digital Tower at 3 Times Square is part of an ACLU campaign to raise awareness about First Amendment rights and remind people that the Constitution is for all of us, no matter who you are or what language you speak.

In addition to the Times Square billboard, the ads were unveiled at 30 bus shelters across Washington, D.C. The First Amendment in all three languages is also displayed on a fence in the Williamsburg neighborhood of Brooklyn and will appear on a wall in the arts district of downtown Los Angeles.

Additional ads may appear in other cities and in other languages in the coming days and weeks.

The idea for the campaign came about shortly after Donald Trump was elected president on a wave of anti-immigrant hysteria and a pledge to ban Muslims from entering the United States. It was conceived of by the agency Emergence Creative, which approached the ACLU with the idea in December 2016.

In addition to protecting freedom of speech, freedom of the press, and freedom to peaceably protest, the First Amendment protects the right to practice your religion and not be discriminated against for doing so.

Because so much of the ACLUs work involves protecting First Amendment rights, and because we now have a president that openly disdains such freedoms, it seemed like a good time to point out the We the People means everyone.

Several advertising vendors refused to run the campaign. Representatives who handle advertising space for New Yorks Metropolitan Transit Authority and Washingtons Metropolitan Area Transit Authority declined, saying they did not accept issue oriented advertising.However, the vendors who did offer space did so at a substantial discount in part because they wanted to support the effort.

The First Amendment ads will run in Times Square through June, appearing twice an hour for 15 seconds on the electronic billboard at Reuters Digital Tower, 3 Times Square. The ads in Washington will appear on 30 bus shelters across the city for four weeks.

Any advertisers who would like to donate space should contact the ACLU.

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The First Amendment Looks Beautiful in Any Language | American ... - ACLU (blog)

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Inside the First Amendment: Men bring much of the news – NorthJersey.com

Posted: at 4:28 pm

Gene Policinski, Gannett 11:59 a.m. ET April 4, 2017

A man looks over the front pages from newspapers around the country on display outside the Newseum in Washington in this file photo from November of 2014.(Photo: Susan Walsh/AP)

Who brings us the news? Mostly its still men, according to a new Womens Media Center study, Divided 2017.

The report says that among the major TV networks, online versions of CNN, Fox, The Huffington Post and The Daily Beast, and the nations 10 largest newspapers:

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The gender disparity shown in the survey is obvious in terms of numbers and simple equity, considering that women make up 51 percent of the population. But its implications, including the impact on news credibility, may not be so clear to news consumers. Cristal Williams Chancellor, the centers director of communications, noted in an interview that many of our fellow citizens are comfortable with men in anchor chairs or dominating story bylines. But in an era in which a majority of people say they distrust the news media and its motives, the most credible news operations should have diverse staffs that represent both their subjects and their audiences, she said.

Clearly, the news industry still falls short of having enough women to meet that goal. Why?

Its not for a lack of qualified female job candidates-in-training: Women made up two-thirds of the student body enrolled in journalism and media-oriented degree programs during the fall 2013 semester, according to data from the most recent Annual Survey of Journalism and Mass Communication Enrollment.

One factor in the lack of overall visibility may come from the finding that lifestyle, health and education remain the topics where women most likely appear. I can recall that same circumstance in newsrooms of the 1960s.

Another bit of history: The American Society of News Editors annual newsroom census found in 2016 that the number of women leaders and employees has remained nearly the same since the 1990s. The survey that year reported that women made up about a third of newsroom employees overall, with a higher number employed at online-only sites than at newspapers. Women comprised 38 percent of daily newspaper employees in this years survey and nearly 50 percent of online-only news organization employees.

At a 2014 ASNE conference, women who were editors also called for changes in hiring and the review/promotion process to address old canards of how women in leadership roles are perceived. Fast Company senior editor Kathleen Davis referenced a study of 248 performance reviews of 180 men and women in media, prepared by both men and women, which showed the word abrasive was used 17 times for women and never for men.

None of these stats or biases is the sole province of newsrooms, to be sure. And going back to the mid-20th century, women in leadership roles in major news operations from the news desk to the corporate suite more often resulted from inherited ownership than from corporate diversity considerations.

But the profession that represents us all in gathering and reporting the news ought to be more of a leader in the 21st century in being representative of all of us.

Gene Policinski is chief operating officer of the Newseum Institute and senior vice president of the First Amendment Center, 555 Pennsylvania Ave., Washington, D.C., 20001.

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Inside the First Amendment: Men bring much of the news - NorthJersey.com

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