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Civil Liberties Media Articles
Excerpts of Key Civil Liberties Media Articles in Major Media


Below are key excerpts of revealing news articles on the erosion of our civil liberties from reliable news media sources. If any link fails to function, a paywall blocks full access, or the article is no longer available, try these digital tools.


Note: Explore our full index to key excerpts of revealing major media news articles on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.


Centers Tap Into Personal Databases
2008-04-02, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/01/AR20080401030...

Intelligence centers run by states across the country have access to personal information about millions of Americans, including unlisted cellphone numbers, insurance claims, driver's license photographs and credit reports, according to a document obtained by The Washington Post. One center also has access to top-secret data systems at the CIA, the document shows, though it's not clear what information those systems contain. Dozens of the organizations known as fusion centers were created after the Sept. 11, 2001, terrorist attacks. The centers use law enforcement analysts and sophisticated computer systems to compile, or fuse, disparate tips and clues and pass along the refined information to other agencies. Though officials have publicly discussed the fusion centers' importance to national security, they have generally declined to elaborate on the centers' activities. But a document that lists resources used by the fusion centers shows how a dozen of the organizations in the northeastern United States rely far more on access to commercial and government databases than had previously been disclosed. The list of information resources was part of a survey conducted last year, officials familiar with the effort said. It shows that, like most police agencies, the fusion centers have subscriptions to private information-broker services that keep records about Americans' locations, financial holdings, associates, relatives, firearms licenses and the like. "Fusion centers have grown, really, off the radar screen of public accountability," said Jim Dempsey, vice president for public policy at the Center for Democracy and Technology, a nonpartisan watchdog group in the District. "Congress and the state legislatures need to get a handle over what is going on at all these fusion centers."

Note: For further disturbing reports on threats to privacy, click here.


Colorado Proposes Tough Law on Executive Accountability
2008-04-01, New York Times
http://www.nytimes.com/2008/04/01/business/01fraud.html?ex=1364702400&en=6a78...

For 30 years, Lew Ellingson loved being a telephone man. His job splicing phone cables was one that he says gave him “a true sense of accomplishment,” first for Northwestern Bell, then US West and finally Qwest Communications International. But by the time Mr. Ellingson retired from Qwest last year at 52, he had grown angry. An insider trading scandal had damaged the company’s reputation, and the life savings of former colleagues had evaporated in the face of Qwest’s stock troubles. “It was a good place,” he said wistfully. “And then something like this happened.” Now, Mr. Ellingson is the public face of a proposed ballot measure in Colorado that seeks to create what supporters hope will be the nation’s toughest corporate fraud law. Buttressed by local advocacy groups and criticized by a Colorado business organization, the measure would make business executives criminally responsible if their companies run afoul of the law. It would also permit any Colorado resident to sue the executives under such circumstances. Proceeds from successful suits would go to the state. If passed by voters in November, the proposal would leave top business officers [with] unprecedented individual accountability, said Mr. Ellingson. “If nothing else, these folks in charge of the corporations and companies will think twice about cutting corners to make themselves look more profitable than they really are,” he said. The plight of Mr. Ellingson’s former employer, Qwest, based in Denver, was a motivation for the proposal. Last April, a jury in Denver convicted Qwest’s former chief executive, Joseph P. Nacchio, of 19 of 42 counts of insider trading. Mr. Nacchio was sentenced to six years in prison and ordered to pay a fine of $19 million and forfeit $52 million in money he earned from stock sales in 2001.

Note: As reported in the Washington Post, Joseph P. Nacchio, the former Qwest CEO, has claimed that he was singled out for prosecution because he refused to cooperate with the National Security Agency's electronic surveillance of American citizens, which began before 9/11.


ACLU: Military using FBI to skirt restrictions
2008-04-01, MSNBC/Associated Press
http://www.msnbc.msn.com/id/23908142

The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans' Internet service providers, financial institutions and telephone companies, the ACLU said Tuesday. The American Civil Liberties Union based its conclusion on a review of more than 1,000 documents turned over by the Defense Department after it sued the agency last year for documents related to national security letters. The letters are investigative tools used to compel businesses to turn over customer information without a judge's order or grand jury subpoena. ACLU lawyer Melissa Goodman said the documents the civil rights group studied "make us incredibly concerned that the FBI and DoD might be collaborating to evade limits" placed on the Defense Department's use of the letters. Goodman, a staff attorney with the ACLU National Security Project, said the military is allowed to demand financial and credit records in certain instances but does not have the authority to get e-mail and phone records or lists of Web sites that people have visited. That is the kind of information that the FBI can get by using a national security letter, she said. "That's why we're particularly concerned. The DoD may be accessing the kinds of records they are not allowed to get," she said. Goodman also noted that legal limits are placed on the Defense Department "because the military doing domestic investigations tends to make us leery.

Note: For further disturbing reports on threats to civil liberties, click here.


Google has lots to do with intelligence
2008-03-30, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/29/BUQLUAP8L.DTL

When the nation's intelligence agencies wanted a computer network to better share information ... they turned to a big name in the technology industry to supply some of the equipment: Google Inc. The Mountain View company sold the agencies servers for searching documents. Many of the contracts are for search appliances - servers for storing and searching internal documents. Agencies can use the devices to create their own mini-Googles on intranets made up entirely of government data. Additionally, Google has had success licensing a souped-up version of its aerial mapping service, Google Earth. Spy agencies are using Google equipment as the backbone of Intellipedia, a network aimed at helping agents share intelligence. [The system] is maintained by the director of national intelligence and is accessible only to the CIA, FBI, National Security Agency and an alphabet soup of other intelligence agencies and offices. Google supplies the computer servers that support the network, as well as the search software that allows users to sift through messages and data. Because of the complexities of doing business with the government, Google uses resellers to process orders on its behalf. Google takes care of the sales, marketing and management of the accounts. Google is one of many technology vendors vying for government contracts. On occasion, Google is the target of conspiracy theories from bloggers who say it is working with spy agencies more closely than simply selling search equipment.


Every bank transaction triggers snooping
2008-03-26, Atlanta Journal-Constitution (Atlanta's leading newspaper)
http://www.ajc.com/blogs/content/shared-blogs/ajc/barrcode/entries/2008/03/26...

The sad saga of [Eliot] Spitzer should concern every American. The web of snooping in which federal investigators and regulators are now able to ensnare any person who engages in any form of financial transaction has become so complex and pervasive that almost no person anywhere in the world can escape its clutches. The seeds of this modern-day Orwellian financial web were sown in the late 1960s and early 1970s when such expansive federal laws as the Bank Secrecy Act were enacted. Designed as tools to ferret out organized crime figures, major drug traffickers and international money launderers, this family of far-reaching regulatory-cum-criminal laws initially was used largely as intended. Many of the “Suspicious Activity Reports” (or SARs) required by the Bank Secrecy Act of 1970, for example, were largely ignored by investigators and prosecutors, who viewed them as burdensome and difficult to catalog and utilize. Two events have conspired to change all that. First, the advent of digital technology has elevated dramatically the ability of the government to gather, analyze, manipulate, retrieve and disseminate the SAR data. The second factor ... was, of course, the events of 9/11 and the ensuing USA Patriot Act. These two things institutionalized fear as the driving force in virtually all federal policies, including those relating to financial reporting. [A section of] the Patriot Act — has been interpreted by banking examiners to require banks to profile their customers and the full range of their transactions, regardless of amount. These “know your customer” regulations are among the most insidious of this entire class of invasive federal laws and regulations.

Note: This informative article is by former US Congressman Bob Barr, who has become a crusader against the excesses of the PATRIOT Act.


Unintended Consequences
2008-03-24, Newsweek magazine
http://www.newsweek.com/id/123489

When Congress passed the Patriot Act in the aftermath of the 9/11 attacks, law-enforcement agencies hailed it as a powerful tool to help track down the confederates of Osama bin Laden. No one expected it would end up helping to snag the likes of Eliot Spitzer. In the fine print were provisions that gave the Treasury Department authority to demand more information from banks about their customers' financial transactions. But Treasury went further. It issued stringent new regulations that required banks themselves to look for unusual transactions (such as odd patterns of cash withdrawals or wire transfers) and submit SARs—Suspicious Activity Reports—to the government. Facing potentially stiff penalties if they didn't comply, banks and other financial institutions installed sophisticated software to detect anomalies among millions of daily transactions. They began ranking the risk levels of their customers ... based on complex formulas that included ... whether an account holder was a "politically exposed person" [PEP]. At first focused on potentially crooked foreign officials, the PEP lists expanded to include many U.S. politicians and public officials who were conceivably vulnerable to corruption. Federal prosecutors around the country routinely scour the SARs for potential leads. One of those leads led to Spitzer. Last summer New York's North Fork Bank, where Spitzer had an account, filed a SAR about unusual money transfers he had made. The governor called attention to himself by asking the bank to transfer money in someone else's name. The SAR was not itself evidence that Spitzer had committed a crime. But it made the Feds curious enough to follow the money.

Note: This story provides useful information about how the PATRIOT Act has been applied since its passage. The reasons for the investigation of Eliot Spitzer, leading to his resignation, may not have been so simple, however, given his many powerful enemies in government and on Wall Street.


Papers Detail Complaints of Links to Treasury List
2008-03-19, New York Times
http://www.nytimes.com/2008/03/19/us/19suit.html?ex=1363665600&en=eb4f1ed6600...

A sheaf of documents that a federal court forced the Treasury Department to release indicate there have been repeated complaints from American consumers who have been falsely linked to terrorism or drug trafficking during routine credit checks, the organization that sought the documents in a lawsuit said Tuesday. The more than 100 pages of documents released Monday to the organization, the Lawyers’ Committee for Civil Rights in San Francisco, include a variety of complaints about the list maintained by the Office of Foreign Asset Control in the Treasury Department, said Philip Hwang, a lawyer for the group. The released documents include e-mail messages and letters from consumers who have been denied cars or home loans or faced difficulties with other financial transactions because their names allegedly appear on the list. Financial institutions are supposed to check clients’ names against the list, which is known officially as the Specially Designated Nationals List. A Federal District Court judge in San Francisco last month ordered the Treasury Department to release all the complaints after a Freedom of Information Act request, Mr. Hwang said. He said his organization believed that what they received was only a small fraction of the complaints filed. Among other indications, he said, was that Henry Paulson Jr., the Treasury secretary, said in Congressional testimony last year that his department fielded up to 90,000 telephone complaints about the list over one year. Mr. Hwang said most consumers discovered the problem only when they asked for a credit report and were shocked to find a notation on it associating them with terrorists or drug traffickers.

Note: For many disturbing reports of increasing threats to civil liberties, click here.


Audit: Bush Barely Trims FOIA Backlog
2008-03-17, New York Times/Associated Press
http://www.nytimes.com/aponline/us/AP-Sunshine-Week-Bush-FOIA.html

Despite ordering improvements more than two years ago, President Bush has barely made a dent in the huge backlog of unanswered requests under the Freedom of Information Act. At the same time, an audit by the National Security Archive found that Bush has provided citizens someone to talk to about how long it is going to take to get the government records they want or to be turned down. The archive, a private research group at The George Washington University, released its seventh audit ... of the 1967 law that gives people the power to request information from federal government files. The audit of 90 government agencies found mixed results from Bush's executive order on Dec. 14, 2005, to agencies to clear the backlog and be more responsive to requesters. "Behind its ambitious facade, the order lacked both carrot and stick," the audit said, because it provided no additional money to do the job and no way to force agencies to set substantial goals or step up their efforts if they fell short. "Many of the same old scofflaw agencies are still shirking their responsibilities to the public," said Tom Blanton, director of the archive, whose FOIA audits are funded by the John S. and James L. Knight Foundation. The archive found that unanswered requests government-wide dropped just over 2 percent, from 217,000 to 212,000, from the end of 2005 to the end of 2007. Of those agencies with backlogs, 31 percent even saw pending requests rise during the two years, including some agencies that significantly reduced very old unanswered requests but saw gains wiped out by a surge of new requests. The audit particularly criticized the Treasury Department for trying to "wait out the requester."

Note: For many key articles on government secrecy, click here.


President weakens espionage oversight
2008-03-14, Boston Globe
http://www.boston.com/news/nation/washington/articles/2008/03/14/president_we...

Almost 32 years to the day after President Ford created an independent Intelligence Oversight Board made up of private citizens with top-level clearances to ferret out illegal spying activities, President Bush issued an executive order that stripped the board of much of its authority. The White House did not say why it was necessary to change the rules governing the board when it issued Bush's order [on February 29]. But critics say Bush's order is consistent with a pattern of steps by the administration that have systematically scaled back Watergate-era intelligence reforms. "It's quite clear that the Bush administration officials who were around in the 1970s are settling old scores now," said Tim Sparapani, senior legislative counsel to the American Civil Liberties Union. "Here they are even preventing oversight within the executive branch. They have closed the books on the post-Watergate era." Ford created the board following a 1975-76 investigation by Congress into domestic spying, assassination operations, and other abuses by intelligence agencies. The probe prompted fierce battles between Congress and the Ford administration, whose top officials included Dick Cheney, Donald Rumsfeld, and the current president's father, George H. W. Bush. Some analysts said the order is just the latest example of actions the administration has taken since the 2001 terrorist attacks that have scaled back intelligence reforms enacted in the 1970s. Frederick A. O. Schwarz Jr., the former chief counsel to the Senate committee that undertook the 1975-76 investigation into intelligence abuses, said "It's profoundly disappointing if you understand American history, and it's profoundly harmful to the United States."

Note: For many key articles on government secrecy, click here.


FBI Found to Misuse Security Letters
2008-03-14, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/13/AR20080313022...

The FBI has increasingly used administrative orders to obtain the personal records of U.S. citizens rather than foreigners implicated in terrorism or counterintelligence investigations, and at least once it relied on such orders to obtain records that a special intelligence-gathering court had deemed protected by the First Amendment, according to two government audits released yesterday. The episode was outlined in a Justice Department report that concluded the FBI had abused its intelligence-gathering privileges by issuing inadequately documented "national security letters" from 2003 to 2006. The report makes it clear that the abuses persisted in 2006 and disclosed that 60 percent of the nearly 50,000 security letters issued that year by the FBI targeted Americans. Because U.S. citizens enjoy constitutional protections against unreasonable searches and seizures, judicial warrants are ordinarily required for government surveillance. But national security letters are approved only by FBI officials and are not subject to judicial approval; they routinely demand certain types of personal data, such as telephone, e-mail and financial records, while barring the recipient from disclosing that the information was requested or supplied. "The fact that these are being used against U.S. citizens, and being used so aggressively, should call into question the claim that these powers are about terrorists and not just about collecting information on all kinds of people," said Jameel Jaffer, national security director at the American Civil Liberties Union. "They're basically using national security letters to evade legal requirements that would be enforced if there were judicial oversight."

Note: For many key reports from major media sources on increasing threats to civil liberties, click here.


Homeschoolers' setback sends shock waves through state
2008-03-07, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/archive/2008/03/07/MNJ...

A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution. The homeschooling movement never saw the case coming. "At first, there was a sense of, 'No way,' " said homeschool parent Loren Mavromati, a resident of Redondo Beach (Los Angeles County) who is active with a homeschool association. "Then there was a little bit of fear. I think it has moved now into indignation." The ruling arose from a child welfare dispute between the Los Angeles County Department of Children and Family Services and Philip and Mary Long of Lynwood, who have been homeschooling their eight children. Mary Long is their teacher, but holds no teaching credential. The parents said they also enrolled their children in Sunland Christian School, a private religious academy in Sylmar (Los Angeles County), which considers the Long children part of its independent study program and visits the home about four times a year. The Second District Court of Appeal ruled that California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home. "California courts have held that ... parents do not have a constitutional right to homeschool their children," Justice H. Walter Croskey said in the 3-0 ruling issued on Feb. 28. "A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation," the judge wrote, quoting from a 1961 case on a similar issue.

Note: To support the ability of parents to teach their children at home and sign a petition with already over 100,000 signatories, click here.


National Dragnet Is a Click Away
2008-03-06, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/05/AR20080305036...

Several thousand law enforcement agencies are creating the foundation of a domestic intelligence system through computer networks that analyze vast amounts of police information. As federal authorities struggled to meet information-sharing mandates after the Sept. 11, 2001 terrorist attacks, police agencies from Alaska and California to the Washington region poured millions of ... records into shared digital repositories called data warehouses, giving investigators and analysts new power to discern links among people, patterns of behavior and other hidden clues. Those network efforts will begin expanding further this month, as some local and state agencies connect to a fledgling Justice Department system called the National Data Exchange, or N-DEx. The expanding police systems illustrate the prominent roles that private companies play in homeland security and counterterrorism efforts. They also underscore how the use of new data -- and data surveillance -- is evolving faster than the public's understanding or the laws intended to check government power and protect civil liberties. Three decades ago, Congress imposed limits on domestic intelligence activity after revelations that the FBI, Army, local police and others had misused their authority for years to build troves of personal dossiers and monitor political activists and other law-abiding Americans. Since those reforms, police and federal authorities have observed a wall between law enforcement information-gathering, relating to crimes and prosecutions, and more open-ended intelligence that relates to national security and [politics]. That wall is fast eroding following the passage of laws expanding surveillance authorities, the push for information-sharing networks, and the expectation that local and state police will play larger roles.

Note: For many revealing reports from reliable sources of serious threats to civil liberties, click here.


U.S. tops world in prison inmates
2008-02-29, San Francisco Chronicle/Washington Post
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/29/MN98VARN7.DTL

More than 1 percent of adult Americans are in jail or prison, an all-time high that is costing state governments nearly $50 billion a year, in addition to more than $5 billion spent by the federal government, according to a report released Thursday. With more than 2.3 million people behind bars at the start of 2008, the United States leads the world in both the number and the percentage of residents it incarcerates, leaving even far more populous China a distant second, noted the report by the nonpartisan Pew Center on the States. The ballooning prison population is largely the result of tougher state and federal sentencing laws enacted since the mid-1980s. Minorities have been hit particularly hard: One in 9 black men age 20 to 34 is behind bars. For black women age 35 to 39, the figure is 1 in 100, compared with 1 in 355 white women in the same age group. When it comes to preventing repeat offenses by nonviolent criminals - who make up about half of the incarcerated population - alternative punishments such as community supervision and mandatory drug counseling that are far less expensive may prove just as or more effective than jail time. About 91 percent of incarcerated adults are under state or local jurisdiction, and the report documents the trade-offs state governments have faced as they have devoted ever larger shares of their budgets to house them. For instance, over the past two decades, state spending on corrections (adjusted for inflation) increased by 127 percent, while spending on higher education rose by 21 percent.


MLK death conspiracies live on
2008-02-21, ABC News (Georgia affiliate)
http://www.walb.com/story/7903026/mlk-death-conspiracies-live-on

"I have a dream today." Those are the words that still echo to this day. But that dream was deferred by a gunshot in Memphis. The date was April 4th 1968. Reverend Charles Sherrod ... knew Martin Luther King Junior as more than a civil rights leader. "I got to know him as a person," said Sherrod. And he says he knows to this very day there's more to his murder. On that day in April at the Lorraine Motel, several people pointed to where the deadly gunshot came from. Reverend Jesse Jackson was one of them. "We were telling the police, you guys are coming this way but the bullet came from that way. Don't come here. Go there," said Jackson. The investigation led to the arrest of ... James Earl Ray. Ray maintained until his death that he took the blame but a man by the name of Raul actually killed King. So who did it? "The government," said Sherrod. Reverend Sherrod says King was getting more radical with his approach to civil rights and people wanted him quieted. "So what happens when he comes to Memphis? There was a breakdown, an intentional breakdown," said Sherrod. Shelby County Criminal Prosecutor John Campbell and a team of investigators spent four years re-examining evidence from the King murder. "We know that J. Edgar Hoover was doing all types of illegal things to Dr. King. We also know that Bobby Kennedy approved ... illegal wire taps. It's not a stretch to say if they were doing that they were certainly capable of killing him," said Campbell.

Note: Watch clips of this news report and a CNN program on a conspiracy surrounding the Martin Luther King, Jr. assassination. Then watch an excellent six-minute video clip of a Canadian news program giving an excellent overview of the 1999 civil trial in Memphis which found the U.S. government guilty in the assassination.


Army Blocks Public's Access to Documents in Web-Based Library
2008-02-21, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/20/AR20080220028...

The Army has shut down public access to the largest online collection of its doctrinal publications, a move criticized by open-government advocates as unnecessary secrecy by a runaway bureaucracy. Army officials moved the Reimer Digital Library behind a password-protected firewall on Feb. 6, restricting access to an electronic trove that is popular with researchers for its wealth of field and technical manuals and documents on military operations, education, training and technology. All are unclassified, and most already are approved for public release. "Almost everything connected to the Army is reflected in some way in the Reimer collection," said Steven Aftergood, director of the Project on Government Secrecy at the nonprofit Federation of American Scientists. "It provides the public with an unparalleled window into Army policy. It provides unclassified resources on military planning and doctrine." Aftergood ... said the collection offers specialized military manuscripts that do not appear on the shelves of local libraries. These include documents on the Army's use of unmanned aircraft [and] tactics and techniques for the use of nonlethal weapons. "All of this stuff had been specifically approved for public release," Aftergood said. "I think it's a case of bureaucracy run amok. And it's a familiar impulse to secrecy that needs to be challenged at every turn." In 2006, the National Archives acknowledged that the CIA and other agencies had withdrawn thousands of records from the public shelves ... and inappropriately reclassified many of them. Early in 2002, then-Attorney General John D. Ashcroft issued a memo urging federal agencies to use whatever legal means necessary to reject Freedom of Information Act requests for public documents.

Note: For reliable reports on escalating government secrecy from reliable, verifiable sources, click here.


Advertisers using 'directed sound' to get in your head
2008-02-19, Atlanta Journal-Constitution (Atlanta's leading newspaper)
http://www.ajc.com/services/content/business/stories/2008/02/18/sound_0219.html

If you hear mysterious voices in your head the next time you stroll down the street, they may be trying to sell you something. That was the case recently in New York when people walking beneath a billboard for the A&E show "Paranormal State" suddenly heard a woman's disembodied voice whisper: "Who's there? Who's there?" and "It's not your imagination." The creepy effect was caused by technology called Audio Spotlight that projects sound in a focused beam so only people in a certain spot can hear it. "The idea of directing sound was a real uphill battle when we first started, but all of a sudden people are coming to us saying, 'We have to have directional sound. We don't want all this noise in our store,' " said Woody Norris, founder of American Technology Corp. in San Diego. Norris said he has sold many units for use with video screens in checkout lines in ... grocery stores so audio can reach waiting customers without constantly bombarding store workers. While some of the advertising applications are recent, directed sound is often used in museums and other places where sound must be focused on people standing in front of an exhibit or display without disturbing those around them. Smithsonian museums in Washington have used [such] systems [as have] the New York Public Library, the Boston Museum of Fine Arts and ... the observation deck of the Seattle Space Needle. Directed-sound devices ... use narrow beams of ultrasound waves that can't be heard by human ears. The beam distorts air as it passes through, generating sound people can hear along its length.

Note: It's not hard to imagine non-advertising uses for this invasive technology. Could it possibly be used to influence people's thinking in ways other than advertising?


Justice Official Defends Rough CIA Interrogations
2008-02-17, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/16/AR20080216026...

The Bush administration allowed CIA interrogators to use tactics that were "quite distressing, uncomfortable, even frightening," as long as they did not cause enough severe and lasting pain to constitute illegal torture, a senior Justice Department official said last week. In testimony before a House subcommittee, Steven G. Bradbury, the acting chief of the Justice Department's Office of Legal Counsel, spelled out how the administration regulated the CIA's use of rough tactics and offered new details of how [waterboarding] was used to compel disclosures by prisoners. Bradbury indicated that no water entered the lungs of the three prisoners who were subjected to the practice, lending credence to previous accounts that the noses and mouths of CIA captives were covered in cloth or cellophane. Cellophane could pose a serious asphyxiation risk, torture experts said. Bradbury's unusually frank testimony ... stunned many civil liberties advocates and outside legal scholars who have long criticized the Bush administration's secretive and aggressive interrogation policies. Martin S. Lederman, a former Office of Legal Counsel official who teaches law at Georgetown University, called Bradbury's testimony "chilling." Lederman said that "to say that this is not severe physical suffering -- is not torture -- is absurd. And to invoke the defense that what the Spanish Inquisition did was worse and that we use a more benign, non-torture form of waterboarding . . . is obscene." Bradbury wrote two secret memos in 2005 that authorized waterboarding, head-slapping and other harsh tactics by the CIA. As a result of that and other issues, Senate Democrats have repeatedly blocked Bradbury's nomination to head the legal counsel's office permanently.


The FBI Deputizes Business
2008-02-07, Common Dreams
http://www.commondreams.org/archive/2008/02/07/6918/

Today, more than 23,000 representatives of private industry are working quietly with the FBI and the Department of Homeland Security. The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does -- and, at least on one occasion, before elected officials. In return, they provide information to the government, which alarms the ACLU. But there may be more to it than that. One business executive, who showed me his InfraGard card, told me they have permission to "shoot to kill"ť in the event of martial law. In November 2001, InfraGard had around 1,700 members. As of late January, InfraGard had 23,682 members, according to its website, www.infragard.net, which adds that "350 of our nation's Fortune 500 have a representative in InfraGard."ť FBI Director Robert Mueller addressed an InfraGard convention on August 9, 2005. He urged InfraGard members to contact the FBI if they "note suspicious activity or an unusual event." And he said they could sic the FBI on "disgruntled employees who will use knowledge gained on the job against their employers."ť

Note: We don't normally use Common Dreams as a news source, but as this news is so important and the major media failed to report it, we decided to include this article here. For a revealing report by the ACLU on this key topic, click here. For important reports from major media sources on threats to civil liberties, click here.


Clarity Sought on Electronics Searches
2008-02-07, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/06/AR20080206047...

The Electronic Frontier Foundation and Asian Law Caucus, two civil liberties groups in San Francisco, [have filed] a lawsuit to force the government to disclose its policies on border searches, including which rules govern the seizing and copying of the contents of electronic devices. They also want to know the boundaries for asking travelers about their political views, religious practices and other activities potentially protected by the First Amendment. The lawsuit was inspired by two dozen cases, 15 of which involved searches of cellphones, laptops, MP3 players and other electronics. Almost all involved travelers of Muslim, Middle Eastern or South Asian background. "It's one thing to say it's reasonable for government agents to open your luggage," said David D. Cole, a law professor at Georgetown University. "It's another thing to say it's reasonable for them to read your mind and everything you have thought over the last year. What a laptop records is as personal as a diary but much more extensive. It records every Web site you have searched. Every e-mail you have sent. It's as if you're crossing the border with your home in your suitcase." Mark Rasch, a technology security expert with FTI Consulting and a former federal prosecutor, [said] "Your kid can be arrested because they can't prove the songs they downloaded to their iPod were legally downloaded," he said. "Lawyers run the risk of exposing sensitive information about their client. Trade secrets can be exposed to customs agents with no limit on what they can do with it. Journalists can expose sources, all because they have the audacity to cross an invisible line."

Note: For many recent stories on threats to our civil liberties, click here.


Is Ombudsman Already in Jeopardy?
2008-02-06, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/05/AR20080205028...

Hours before the new year, open-government groups won a key victory in their years-long fight to force government agencies to release documents without months, and sometimes years, of delay. The moment came when President Bush reluctantly signed a law enforcing better compliance with the Freedom of Information Act. But in his budget request this week, Bush proposed shifting a newly created ombudsman's position from the National Archives and Records Administration to the Department of Justice. Because the ombudsman would be the chief monitor of compliance with the new law, that move is akin to killing the critical function, some members of Congress and watchdog groups say. "Justice represents the agencies when they're sued over FOIA ... It doesn't make a lot of sense for them to be the mediator," said Kristin Adair, staff counsel at the National Security Archive. The law establishes the ombudsman's office to hear disputes over unmet FOIA requests, monitor agencies and foster best practices. The ombudsman would be part of the National Archives and Records Administration, the non-partisan repository where most of the nation's important documents eventually wind up, and from which they are distributed. The Justice Department has hardly shown itself to be a strong supporter of public information requests: After the Sept. 11, 2001, terrorist attacks, then-Attorney General John D. Ashcroft issued a memo urging agencies to use all legal means to refuse public document requests. A recent review of overdue FOIA requests by the National Security Archive criticizes Justice for holding up public records releases. In at least four cases, the delay was for more than 15 years.

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