FISA

Americans Value Privacy Over Security, Survey Results Suggest

President Obama’s claim to be responding to people’s concerns related to the NSA’s surveillance programs hasn’t gained momentum, mainly because most Americans still believe that his promised reforms will do nothing to address the real problems.

According to Politico, a new Associated Press-GfK poll shows that over 60 percent of people who participated said they value privacy over surveillance tactics disguised as anti-terror protections carried out by agencies like the National Security Agency. Since the last time this question was asked of respondents back in August by the AP-NORC Center for Public Affairs Research, the percentage of Americans that claimed to value privacy over security has gone up two points.

Since NSA whistleblower Edward Snowden made his revelations public, President Obama has been scrambling to gain the public’s trust back but none of his efforts seems to be paying off. He has recently promised to review NSA’s surveillance system by ensuring that new limits are going to be imposed to the intelligence committee. According to Sen. Rand Paul (R-KY), Obama’s reforms are not going to be effective mostly because the President has misdiagnosed the problem.

According to the most recent poll, only 34% of respondents claimed to support Obama’s reform proposals concerning the FISA court procedures and the creation of a panel of attorneys that would offer counter-arguments to the government, while only 17% say Obama’s proposal to move collected phone data out of the NSA’s hands is valid.

White House releases brutal panel report on NSA spying

Just two days after a federal judge issued a scathing opinion in which he said the NSA phone metadata program is “likely unconstitutional,” the White House released the report from the five-member panel tasked with reviewing the agency’s data collection methods.

The Review Group on Intelligence and Communications Technology recommending 46 changes, some of which are significant, to the how the NSA gathers intelligence. The suggestions in the 303-page report, Liberty and Security in a Changing World, are non-binding.

“We have emphasized the need to develop principles designed to create strong foundations for the future,” said the panel members a letter to President Barack Obama. “Although we have explored past and current practices, and while that exploration has informed our recommendations, this Report should not be taken as a general review of, or as an attempt to provide a detailed assessment of, those practices.”

“We recognize that our forty-six recommendations, developed over a relatively short period of time, will require careful assessment by a wide range of relevant officials, with close reference to the likely consequences. Our goal has been to establish broad understandings and principles that can provide helpful orientation during the coming months, years, and decades,” the members added.

Initial reports indicated that the panel would suggest that the agency dismantle its vast controversial and heavily criticized phone record database, which stores information on virtually every American. Indeed, the panel even says that “the current storage by the government of bulk meta-data creates potential risks to public trust, personal privacy, and civil liberty.”

Atlas Bugged II: Is There an NSA Mass Location Tracking Program?

Written by Julian Sanchez, a research fellow at the Cato Institute. Posted with permission from Cato @ Liberty.

Way back in 2011—when “Snowden” was just a quiescent indie band from Atlanta—I wrote two posts at the Cato Institute’s blog trying to suss out what the “secret law” of the Patriot Act that Sen. Ron Wyden (D-OR) and others were raising alarms about might involve: “Atlas Bugged” and “Stalking the Secret Patriot Act.” Based on what seemed like an enormous amount of circumstantial evidence—which I won’t try to summarize here—I speculated that the government was likely engaged in some kind of large scale program of location tracking, involving the use of the Patriot Act’s Section 215 to bulk collect cell phone location records for data mining purposes.

Leftist hypocrisy on free speech and government surveillance

One truth about politics: when those who have taken up one side of an issue are forced to accept and defend that same issue, should it suit their needs to do so, the acknowledgement of their previous criticism will be generally non-existent.

Take the histrionics surrounding 2010’s Citizens United decision — “Corporations aren’t people! They shouldn’t have First Amendment rights! Elections will be bought and sold by evil dark money special interest groups! Those with the most cash will always win!”

Forgetting for a moment that Barack Obama managed to get re-elected despite the impressive amount of money that was raised to support Mitt Romney via super PACs that were not associated with his actual campaign, this idea that corporations — really just groups of people — shouldn’t retain First Amendment speech rights is proving quite the interesting conundrum for those who both HATED the Citizens United decision but now find themselves DESPISING that National Security Agency’s (NSA) peek under the hood at millions of lines of metadata on American citizens’ phone records.

Because corporations such as the American Civil Liberties Union (ACLU) and Google are taking the uncomfortable action of invoking their First Amendment speech rights to file suit, in the case of the former, and in requesting the release of records showing exactly how persistent the government was in insisting that the search giant provide them private information on American citizens.

Michael Turk wrote a terrific blog post detailing a similarly terrific piece on the ACLU v. Clapper case by Wendy Kaminer at The Atlantic at his blog, Kung Fu Quip:

NSA Scandal Not about Republican vs. Democrat — It’s about Liberty vs. the State

Liberty and the NSA

It’s been a week since Glenn Greenwald broke the story on the National Security Agency’s broad surveillance of calls made on the Verizon network. There have been a lot of arguments made for and against this program over the last week, and the battlelines have been clearly drawn.

First, let’s recap. This sort of surveillance has been around for at least seven years, perhaps even longer. The difference between what was going on with the NSA under the Bush Administration and what is currently going in the Obama Administration is that the former didn’t bother with court orders or warrants to conduct this sort of blanket surveillance.

So when the apologists for the program say it’s “legal,” like Rep. Steny Hoyer (D-MD) did yesterday, they’re referring to the the statutory authority granted via Section 215 of the PATRIOT Act, a controversial provision of the law that allows intelligence agencies to obtain a court order to collect this information from businesses. More on this in a moment.

Using this section of the law, the NSA obtained authority from a secret court, known as the Foreign Intelligence Surveillance Court (FISC), to force Verizon to turn over the phone records of millions of customers, even if they are not suspected of terrorist activity.

Why The NSA Collecting Your Phone Records Is A Problem

Written by Julian Sanchez, a research fellow at the Cato Institute. Posted with permission from Cato @ Liberty.

Privacy advocates and surveillance experts have suspected for years that the government was using an expansive interpretation of the Patriot Act’s §215 “business record” authority to collect bulk communications records indiscriminately. We now have confirmation in the form of a secret order from the secret Foreign Intelligence Surveillance Court to Verizon — and legislators are saying that such orders have been routinely served on phone carriers for at least seven years. (It seems likely that similar requests are being served on Internet providers — increasingly the same companies that provide us with wireless phone services).

Some stress that what is being collected is “just metadata”—a phrase I’m confident you’ll never see a computer scientist or data analyst use. Metadata—the transactional records of information about phone and Internet communications, as opposed to their content—can be incredibly revealing, as the recent story about the acquisition of Associated Press phone logs underscores. Those records, as AP head Gary Pruitt complained, provide a comprehensive map of reporters’ activities, telling those who know how to look what stories journalists are working on and who their confidential sources are. Metadata can reveal what Websites you read, who you communicate with, which political or religious groups you’re affiliated with, even your physical location.

NSA Scandal Brings Opportunity for Constitutionalists

 RonPaulProblems.Tumblr.com

During the commencement address last month at Ohio State University, President Barack Obama talked up what he views as the virtues of big government and told graduates that they should “reject” those who warn of tyranny.

Unfortunately, you’ve grown up hearing voices that incessantly warn of government as nothing more than some separate, sinister entity that’s at the root of all our problems; some of these same voices also doing their best to gum up the works,” President Obama told the students. “They’ll warn that tyranny is always lurking just around the corner,” he continued. “You should reject these voices.  Because what they suggest is that our brave and creative and unique experiment in self-rule is somehow just a sham with which we can’t be trusted.”

Since that speech, four major scandals have emerged — the Benghazi cover-up, the Internal Revenue Service’s politically-charged targeting of Tea Party and conservative groups, the Justice Department’s war on the First Amendment, and, now, the National Security Agency’s broad seizure of millions of phone records. Each of these scandals bring a unique dynamic to the political landscape, but the NSA scandal is one that the blame is equally spread between the Obama Administration and members of both parties in Congress.

The NSA’s complete disregard for the Fourth Amendment has drawn outrage from all sides. The New York Times notoriously Leftist editorial board wasted no time in condemning the Obama Administration for its secrecy.

The Best Defense Against Terrorism

Terrorism

The specter of terrorism, especially on the American homeland is very frightening. These fears are especially acute in the immediate aftermath of a terrorist attack such as the bombing near the finish line of the Boston Marathon on Monday.

More recently and prior to this latest attack, however; according to a recent Gallup poll, terrorism received 0% when asked about America’s greatest problem. Sen. Mitch McConnell said in response to the mathon bombing: “I think it’s safe to say that, for many, the complacency that prevailed prior to September 11th has returned. And so we are newly reminded that serious threats to our way of life remain.

Is Sen. McConnell right? Have Americans become complacent to these “serious threats”? Are Americans to blame for failing to be vigilant? Should we demand the federal government “do something” more to protect us?

Ted Cruz says the new and improved USA FREEDOM Act would end the NSA’s unconstitutional spying program

The new version of the USA FREEDOM Act rolled out on Tuesday by Senate Judiciary Committee Chairman Patrick Leahy (D-VT) has picked up the support of Sen. Ted Cruz (R-TX), who announced the addition of his name a cosponsor.

The latest version of the USA FREEDOM Act, a compromise Leahy worked out with the White House, would end the National Service Agency’s bulk metadata collection program as well as add a civil liberties panel to the Foreign Intelligence Surveillance Court to provide some much-needed oversight.

Cruz hailed the measure a bipartisan approach to ending NSA spying.

“Republicans and Democrats are showing America that the government can respect the privacy rights of law-abiding citizens, while at the same time, giving law enforcement the tools needed to target terrorists,” said Cruz in a press release on Tuesday. “The USA FREEDOM Act of 2014 ends the government’s bulk record collection program and implements other necessary surveillance reforms.”

“Importantly, it also sends a strong signal that a bipartisan coalition in Congress is working to safeguard our privacy rights,” said Cruz. “I am honored to work with my colleagues on both sides of the aisle toward delivering this bill to the President’s desk for his signature. We need to protect the constitutional rights of every American.”

Surprise! 90% of Internet users caught up in NSA dragnet surveillance aren’t suspected of any wrongdoing

Don't Spy on Me

The NSA apologists have told Americans countless times that the agency’s collection programs target only those believed to be involved in terrorist activity. Though they admit that Americans are caught up in the dragnet overseas surveillance, administration officials and lawmakers who defend the NSA insist that these instances are limited.

But a report from Barton Gellman, Julie Tate and Ashkan Soltani at the Washington Post explains that online communications and information of thousands of innocent people — including American citizens — were swept up by the NSA (emphasis added):

Ordinary Internet users, American and non-American alike, far outnumber legally targeted foreigners in the communications intercepted by the National Security Agency from U.S. digital networks, according to a four-month investigation by The Washington Post.

Nine of 10 account holders found in a large cache of intercepted conversations, which former NSA contractor Edward Snowden provided in full to The Post, were not the intended surveillance targets but were caught in a net the agency had cast for somebody else.


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