NSA Uses Loophole to Justify Collecting Domestic E-mail, Phone Calls

The National Security Agency (NSA) is using a “secret backdoor” to conduct warrantless searches of the e-mails and phone calls of American citizens, the Guardian (U.K.) reports. As with earlier reports, this latest revelation comes from information given to the newspaper by former NSA contractor Edward Snowden.

Spencer Ackerman and James Ball, reporting for theGuardian, write that a rule change that was previously unreported is giving the NSA the inroad it needs to monitor “individual Americans’ communications using their name and other identifying information.”

In a statement to the Guardian, Senator Ron Wyden (D-Ore.) reportedly said that this rule change makes it possible for the NSA to conduct “warrantless searches for the phone calls or e-mails of law-abiding Americans.”

The regulatory restatement relied on by the NSA to justify their unconstitutional surveillance was “approved in 2011” by the Obama administration, in direct contradiction to the president’s commitment to protect the constitutionally protected privacy of the American public “from the NSA’s dragnet surveillance programs.”

The federal spy apparatus is relying on Section 702 of the Foreign Intelligence Surveillance Act Amendments of 2008 (FISA). This provision purports to grant the government the “authority to target without warrant the communications of foreign targets, who must be non-US citizens and outside the US at the point of collection.”

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Personal Liberty Laws for Whistleblowers?

Over the past few months, a name that has become well-known among Americans following politics is Edward Snowden.  Mr. Snowden caused shockwaves throughout the country with his leaking of information in regards to the NSA’s warrantless domestic surveillance program.  Supporters and detractors alike have had strong opinions on the matter, and the issue does not appear to be going away anytime soon.

Snowden’s ability to avoid arrest for these leaks has depended upon him finding sanctuary somewhere.  For the moment, he has been granted asylum in Russia (Author’s personal note: I remember when Russian whistleblowers came to the United States), much to the chagrin of the Obama Administration and former Bush Administration officials.  The thought that few, if any, have voiced is, what if Edward Snowden and other whistleblowers didn’t have to go outside the United States to find asylum?

When slavery was still legal in the United States, several northern states passed Personal Liberty Laws to combat the Fugitive Slave Act (FSA).  More than one version of FSA had been passed, the 1850 one being the most egregious, essentially allowing the kidnapping of a black person on the say so of an alleged owner.  

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Why Won’t They Tell Us the Truth About NSA Spying?

by Ron Paul

In 2001, the Patriot Act opened the door to US government monitoring of Americans without a warrant. It was unconstitutional, but most in Congress over my strong objection were so determined to do something after the attacks of 9/11 that they did not seem to give it too much thought. Civil liberties groups were concerned, and some of us in Congress warned about giving up our liberties even in the post-9/11 panic. But at the time most Americans did not seem too worried about the intrusion.

This complacency has suddenly shifted given recent revelations of the extent of government spying on Americans. Politicians and bureaucrats are faced with serious backlash from Americans outraged that their most personal communications are intercepted and stored. They had been told that only the terrorists would be monitored. In response to this anger, defenders of the program have time and again resorted to spreading lies and distortions. But these untruths are now being exposed very quickly.

In a Senate hearing this March, Director of National Intelligence James Clapper told Senator Ron Wyden that the NSA did not collect phone records of millions of Americans. This was just three months before the revelations of an NSA leaker made it clear that Clapper was not telling the truth. Pressed on his false testimony before Congress, Clapper apologized for giving an “erroneous” answer but claimed it was just because he “simply didn’t think of Section 215 of the Patriot Act.” Wow.

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Liberty’s Backlash

Last week, Justin Amash, the two-term libertarian Republican congressman from Michigan, joined with John Conyers, the 25-term liberal Democratic congressman from the same state, to offer an amendment to legislation funding the National Security Agency (NSA). If enacted, the Amash-Conyers amendment would have forced the government’s domestic spies when seeking search warrants to capture Americans’ phone calls, texts and emails first to identify their targets and produce evidence of their terror-related activities before a judge may issue a warrant. The support they garnered had a surprising result that stunned the Washington establishment.

It almost passed.

The final vote, in which the Amash-Conyers amendment was defeated by 205 to 217, was delayed for a few hours by the House Republican leadership, which opposed the measure. The Republican leadership team, in conjunction with President Obama and House Minority Leader Nancy Pelosi, needed more time for arm-twisting so as to avoid a humiliating loss.

But the House rank-and-file did succeed in sending a message to the big-government types in both parties: Nearly half of the House of Representatives has had enough of government spying and then lying about it, and understands that spying on every American simply cannot withstand minimal scrutiny or basic constitutional analysis.

The president is deeply into this and no doubt wishes he wasn’t. He now says he welcomed the debate in the House on whether his spies can have all they want from us or whether they are subject to constitutional requirements for their warrants. Surely he knows that the Supreme Court has ruled consistently since the time of the Civil War that the government is always subject to the Constitution, wherever it goes and whatever it does.

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Lie of the Century: NSA Director Claims to “Stand for Freedom”

We stand for freedom.

Those words were spoken by National Security Agency Director, Keith Alexander at a speech given during the annual Black Hat conference in Las Vegas, Nevada this week.

A little while later, he also responded to a heckler in the audience who told him to “read the Constitution,” with; “I have, and so should you.”

If that doesn’t qualify as the lie of the century, I don’t know what does.

I guess his version of the 4th amendment says this:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless the government feels it’s necessary, and no Warrants shall issue, because the government doesn’t need them.”

In an effort to show complete truthfulness, Alexander claimed that he would “answer every question to the fullest extent possible.” This because he welcomed dialog on this issue, and wanted to “put the facts on the table.”  He then assured another questioner in the audience that he had not lied to congress. Although, whether he was speaking only for himself or the entire NSA, is anyone’s guess.  He reaffirmed his stance that the NSA isn’t really doing any information collecting that we should worry about, because they are only collecting metadata.

Interestingly, the ACLU posted a great article yesterday on the truth regarding the intimacy of metadata. MIT media lab has developed a great tool called Immersion which “analyzes the metadata–From, To, Cc and Timestamp fields– from a volunteer’s Gmail account and visualizes it.” It illustrates what a huge repository of information exists as “metadata,” and why we have great reason to be concerned.

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Vote on Amash Amendment Reveals Ruse of Two-Party System

For all those who still believe that Republican=Constitutionalist and Democrat=Liberty-hating liberal, something happened on Capitol Hill that might change your mind.

As was reported by The New American, the House of Representatives narrowly defeated an amendment to the defense appropriations sponsored by Republican Congressman Justin Amash (shown) of Michigan and Democratic Congressman John Conyers, also of Michigan.

The Amash Amendment would have revoked authority “for the blanket collection of records under the Patriot Act. It would also bar the NSA and other agencies from using Section 215 of the Patriot Act to collect records, including telephone call records, that pertain to persons who are not subject to an investigation under Section 215” of the Patriot Act.

Despite the threat to the Establishment (or perhaps because of it), Amash’s measure failed by a vote of 205-217.

It’s the identity of the “ayes” and “nays” that tells the rest of the story.

An analysis of the roll call reveals that a majority of Democrats voted in favor of restricting the Obama administration’s wholesale surveillance of Americans, while a majority of the GOP voted to uphold the NSA’s unconstitutional surveillance of all electronic communications.

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