http://epic.org/

Justice Department Proposes Vast Expansion of Domestic Surveillance

The Department of Justice has recommended ( http://www.usdoj.gov/opa/pr/2007/April/07_nsd_247.html ) legislation ( http://www.fas.org/irp/news/2007/04/fisa-proposal.pdf ) that would give the agency new authority to conduct surveillance within the United States under the Foreign Intelligence Surveillance Act. The proposal would also remove current obligations communications providers have to safeguard the privacy of customer information. The American Bar Association has recommended that, rather than expand FISA, the Congress should establish new safeguards that limit the administration's domestic spying program. More at EPIC FISA page and EPIC FISA Orders 1979-2005 page. (Apr. 13)

This thing's a lot more slimy than I originally thought.

Here's the alert from C.D.T:

"Administration Seeks Warrantless Domestic Surveillance Authority

Last week, the Administration released a draft bill that would amend the Foreign Intelligence Surveillance Act to permit large-scale warrantless surveillance of Americans. Described as a "modernization" effort, the legislation would result in a huge step backwards in efforts to re-establish reasonable checks and balances on government spying. The dense and complicated draft was over a year in preparation. CDT will be releasing an analysis of the bill by the end of this week. April 17, 2007

CDT Analysis: Administration Proposal [PDF] April 19, 2007
http://www.cdt.org/security/20070418fisaanalysis.pdf

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It would behoove you to make an effort to read that analysis link - it's the only way you're going to get a clear picture of exactly what this proposal would change - and how.

Reduced to its' most basic description, this change to the way things are done - or not - supposedly via the FISA court gives the government everything they could ever possibly want in the way of warrantless, totally-without oversight-or-recourse data-mining of every single citizen in the United States.

It needs to be opposed by everyone - in no uncertain terms and in every possible way.

If possible, its' scope exceeds that of even the infamous 'patriot' act (no wonder they put a year's worth of thought into its' wording).

Read it. Think about what it allows. It's positively chilling. Pete

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

This link and new site comes from the Electronic Frontier Foundation: http://www.stopillegalspying.org/

It's a quick, easy way for you to let your Rep and Congressmen/women know that you haven't forgotten about illegal surveillance of legitimate, innocent American citizens, that you don't want those programs expanded and that you do want all current surveillance programs exposed and subject to rigorous over-sight.

Please take the time to fill it out and send it. And make sure you go ahead and receive the email alerts - this stuff moves too fast not to. Thanks

http://action.eff.org/fisa

* Action Alert - Tell Congress Not to Let Telcos Off the
Hook for Illegal Spying

The Bush Administration is pushing legislation that could
let telecommunications providers off the hook for illegally
assisting the NSA's domestic spying program, and one of
your Senators is on the key committee that can stop it.
Take action now and defend your rights:
http://action.eff.org/fisa

In January 2006, EFF filed suit against telco giant AT&T
for violating its customers' privacy and helping the NSA
spy on millions of Americans' telephone and Internet
communications. Congress is now considering a bill proposed
by the Administration that could threaten cases like EFF's.
That proposal appears intended to not only gut current
privacy safeguards but also give blanket immunity to anyone
who collaborated with the government's spying.

While no Congressional representatives have sponsored the
Administration's proposal so far, we're hearing that the
proposal could be attached to the intelligence budget
authorization that the Senate Intelligence Committee will
likely consider on May 17.

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http://www.aclu.org/safefree/general...s20070501.html and especially read the letter they sent:

http://www.aclu.org/safefree/general...g20070416.html

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

Bush is evil!!

http://www.aclu.org/safefree/general...s20070511.html

5/11/2007

"House Affirms No Domestic Eavesdropping Without Warrant

WASHINGTON, DC -The American Civil Liberties Union today cheered an amendment to the House Intelligence Reauthorization Bill that would prevent illegal domestic wiretapping by the government. The amendment, by Representatives Adam Schiff (D-CA) and Jeff Flake (R-AZ), will reaffirm the Foreign Intelligence Surveillance Act (FISA) as the only legal means of collecting electronic intelligence surveillance. The amendment was passed late last night by a vote of 245-178.

"Congress has signaled that it will not allow the president to continue the National Security Agency’s illegal eavesdropping," said Caroline Fredrickson, Director of the ACLU’s Washington Legislative Office. "Passage of the Schiff/Flake amendment is Congress drawing a line in the sand. This amendment reaffirms that FISA is the law and it needs to be followed."

Congress originally passed FISA to provide the exclusive authority for the wiretapping of people in the United States in foreign intelligence investigations to protect national security. As the Senate Report noted, FISA "was designed . . . to curb the practice by which the Executive Branch may conduct warrantless electronic surveillance on its own unilateral determination that national security justifies it."

Passage of this amendment makes clear that the House will not capitulate to separate legislative proposals by the Administration that would give the NSA the freedom to snoop into innocent Americans lives. While the Administration claims that its proposed FISA changes would "modernize" the law, in truth they would gut the judicial oversight mechanisms carefully crafted to prevent abuse, while expanding the scope of communications that can be intercepted under FISA. The ACLU noted that, despite many recent hearings about "modernization" and "technology neutrality," the administration has not publicly provided Congress with a single example of how current FISA standards have either prevented the intelligence community from using new technologies, or proven unworkable for the agents tasked with following them.

"We applaud Congressmen Schiff and Flake for their work to uphold the rule of law," said Michelle Richardson, ACLU Legislative Consultant. "Today is the first move towards Congress growing a backbone. We hope that the Senate will follow their lead and not be swayed by the administration and Department of Justice’s unconstitutional attempts to eviscerate FISA."

=============================================

While this is a "victory" of sorts, one has to ask oneself how many "warrants" the FISA court has refused in its' entire existence - and whether the warrants granted in the future will actually be done on an individual, case-by-case basis.

Or if whether instead, entire programs of surveillance (involving hundreds or thousands of citizens') will be granted or refused.

But it's a whole lot better than nothing. Time will tell - and besides, it hasn't even been voted on yet. The amendment may not even stand. Pete

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

http://epic.org/

9/11 Commission Leaders Press President's
Civil Liberties Board on Domestic Surveillance Program
Governor Tom Kean and Lee Hamilton, former Chair and Vice Chair of the 9/11 Commission, sent a letter ( http://www.epic.org/privacy/terrorism/pclob_letter.pdf ) to the President's Privacy and Civil Liberties Oversight Board in response to the first annual report from the Board. The Kean and Hamilton letter begins with the question "What civil liberties have been specifically protected or enhanced by your actions?" The letter also raises questions about the President's domestic surveillance program, the watch list problems, and the misuse of National Security Letter authority. EPIC testified before the 9/11 Commission on the importance of effective oversight and has published a paper on the need to reform the Privacy board. More information at EPIC 9/11 Commission page. (May 9)

It's coming down to crunch-time on the ""FISA Modernization" act, too.

Are we going to let this one slip through our fingers just as we did the C.A.L.E.A expansion-of-scope?

Check this list and CALL any of those listed who are your Senators and let them know that you've had quite enough and that you'll be basing your vote next time on whether or not they oppose this.

The "FISA Modernization"is going to blanket pardon all politician's and telco's for spying on innocent American citizens' without any warrant, due process or burden of proof before being allowed to do so.

Wake up! Pick up your phone and fire up your FAX machine if you can make a difference here.

The window is closing, people - don't let it slam shut before you have your say.

================================================== ===

StopIllegalSpying.org: Call Your Senator Now and Block the
Administration's Power Grab

Last week, the House passed legislation that aims to rein in the NSA's
domestic spying program and ensure that the President obeys the law.
This is an important victory, but danger looms in the Senate, as the
Bush Administration is pushing a proposal that could gut privacy
protections and make it easier for the government to spy on your
communications without a warrant. The proposal also threatens to let
government agents and big telecom companies off the hook for breaking
the law.

One of your Senators is on the key committee that can stop this
dangerous proposal. Please locate your Senator's phone number in the
list below, and tell them to stop the illegal spying now.

Keep your call to your member of Congress short and polite. Whether or
not he or she agrees with you, what is important is that the staffer
knows you are a constituent who opposes "FISA Modernization," including
any kind of immunity for those who participated in the NSA spying program.

Evan Bayh (Indiana)
(202) 224-5623

Christopher 'Kit' Bond (Missouri)
(202) 224-5721

Richard Burr (North Carolina)
(202) 224-3154

Saxby Chambliss (Georgia)
(202) 224-3521

Russ Feingold (Wisconsin)
(202) 224-5323

Dianne Feinstein (California)
(202) 224-3841

Chuck Hagel (Nebraska)
(202) 224-4224

Orrin Hatch (Utah)
(202) 224-5251

Carl Levin (Michigan)
(202) 224-6221

Barbara Milkulski (Maryland)
(202) 224-4654

Bill Nelson (Florida)
(202) 224-5274

John 'Jay' Rockefeller IV (West Virginia)
(202) 224-6472

Olympia Snowe (Washington)
(202) 224-5344

John Warner (Virginia)
(202) 224-2023

Sheldon Whitehouse (Rhode Island)
(202) 224-2921

Ron Wyden (Oregeon)
(202) 224-5244

Pete

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

CDT Urges Congress to Get Full Story on Warrantless Snooping

The Administration must come clean with a full accounting of its domestic surveillance activities before Congress can be expected to make any changes to the laws that protect Americans against uncontrolled government snooping, CDT said today. CDT applauded the House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties for holding a critical hearing on the topic today, and urged lawmakers to fully explore all aspects of the government’s domestic spying activities. The White House has been aggressively promoting legislation aimed at "modernizing" the Foreign Intelligence Surveillance Act (FISA), which governs how national security surveillance is conducted in the United States. June 07, 2007

Press Release: NSA Oversight June 07, 2007: http://www.cdt.org/press/20070607press.php

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

Committee Approves Subpoena Authority on NSA Snooping

The Senate Judiciary Committee today voted 13-3 to give Chairman Patrick Leahy (D-VT) the authority to issue subpoenas for information and documents relating to the administration's warrantless wiretapping of Americans. CDT supports the committee's effort to conduct rigorous oversight on warrantless surveillance activities to determine the extent to which they have impacted Americans' privacy rights. The administration is seeking to rewrite the Foreign Intelligence Surveillance Act to legalize warrantless wiretapping of Americans who communicate with people abroad or with foreign embassies and related entities in the U.S. CDT renewed its call for Congress to convene a joint inquiry to take a serious, in-depth look at domestic surveillance in the U.S. and whether current law is adequate to protect privacy in the digital age. June 21, 2007

Most Wanted Surveillance Documents [ http://www.cdt.org/security/20070620wanteddocs.pdf ] June 20, 2007

Most Wanted Surveillance Answers [ http://www.cdt.org/security/20070620wantedanswers.pdf ] June 20, 2007

CDT Testimony: FISA Modernization [ http://www.cdt.org/security/20070501fisa-statement.pdf ] May 01, 2006