Posts Tagged ‘Guantanamo Bay’

Round the Clock Surveillance: Is This the Price of Living in a ‘Free, Safe’ Society?

Posted: May 13, 2013 in Uncategorized
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“If you’re not a terrorist, if you’re not a threat, prove it. This is the price you pay to live in free society right now. It’s just the way it is.”—Sergeant Ed Mullins of the New York Police Department

Immediately following the devastating 9/11 attacks, which destroyed the illusion of invulnerability which had defined American society since the end of the Cold War, many Americans willingly ceded their rights and liberties to government officials who promised them that the feeling of absolute safety could be restored.

In the 12 years since, we have been subjected to a series of deceptions, subterfuges and scare tactics by the government, all largely aimed at amassing more power for the federal agencies and extending their control over the populace. Starting with the wars in Afghanistan and Iraq, continuing with the torture of detainees at Abu Ghraib and Guantanamo Bay, and coming to a head with the assassination of American citizens abroad, the importing of drones and other weapons of compliance, and the rise in domestic surveillance, we have witnessed the onslaught of a full-blown crisis in government.

Still Americans have gone along with these assaults on their freedoms unquestioningly.

Even with our freedoms in shambles, our country in debt, our so-called “justice” system weighted in favor of corporations and the police state, our government officials dancing to the tune of corporate oligarchs, and a growing intolerance on the part of the government for anyone who challenges the status quo, Americans have yet to say “enough is enough.”

Now, in the wake of the Boston Marathon bombing, we are once again being assured that if we only give up a few more liberties and what little remains of our privacy, we will achieve that elusive sense of security we’ve yet to attain. This is the same song and dance that comes after every tragedy, and it’s that same song and dance which has left us buying into the illusion that we are a free, safe society.

The reality of life in America tells a different tale, however. For example, in a May 2013 interview with CNN, former FBI counterterrorism agent Tim Clemente disclosed that the federal government is keeping track of all digital communications that occur within the United States, whether or not those communicating are American citizens, and whether or not they have a warrant to do so.

As revelatory as the disclosure was, it caused barely a ripple of dismay among Americans, easily distracted by the torrent of what passes for entertainment news today. Yet it confirms what has become increasingly apparent in the years after 9/11: the federal government is literally tracking any and all communications occurring within the United States, without concern for the legal limitations of such activity, and without informing the American people that they are doing so.

Clemente dropped his bombshell during a CNN interview about authorities’ attempts to determine the nature of communications between deceased Boston bombing suspect Tamerlan Tsarnaev and his widow Katherine Russell. In the course of that conversation, Clemente revealed that federal officials will not only be able to access any voicemails that may have been left by either party, but that the entirety of the phone conversations they had will be at federal agents’ finger tips.

“We certainly have ways in national security investigations to find out exactly what was said in that conversation,” stated Clemente. “All of that stuff [meaning phone conversations occurring in America] is being captured as we speak whether we know it or like it or not.” A few days later, Clemente was asked to clarify his comments, at which point he said, “There is a way to look at all digital communications in the past. No digital communication is secure.”

In other words, there is no form of digital communication that the government cannot and does not monitor—phone calls, emails, text messages, tweets, Facebook posts, internet video chats, etc., are all accessible, trackable and downloadable by federal agents.

At one time, such actions by the government would not only have been viewed as unacceptable, they would also have been considered illegal. However, government officials have been engaged in an ongoing attempt to legitimize these actions by passing laws that make the lives of all Americans an open book for government agents. For example, while the nation was caught up in the drama of the Boston bombing and the ensuing military-style occupation of the city by local and federal police, Congress passed a little-noticed piece of legislation known as the Cyber Intelligence Sharing and Protection Act (CISPA). The legislation, which the House of Representatives approved by an overwhelming margin of 288-127, will allow internet companies to share their users’ private data with the federal government and other private companies in order to combat so-called “cyber threats.”

In short, the law dismantles any notion of privacy on the internet, opening every action one undertakes online, whether emailing, shopping, banking, or just browsing, to scrutiny by government agents. While CISPA has yet to clear the U.S. Senate Committee on Commerce, Science, and Transportation, the spirit of it is alive and well. In fact, officials in the Obama administration have for some time now been authorizing corporate information sharing and spying in secret through the use of executive orders and other tactics.

The Justice Department, for instance, has been issuing so-called “2511 letters” to various internet service providers like AT&T, which immunize them from being prosecuted under federal wiretapping laws for providing the federal government with private information. Despite federal court rulings to the contrary, the Department of Justice continues to assert that it does not require a warrant to access Americans’ emails, Facebook chats, and other forms of digital communication.

NSA Surveillance Octopus

While it may be tempting to lay the full blame for these erosions of our privacy on the Obama administration, they are simply continuing a system of mass surveillance, the seeds of which were planted in the weeks after 9/11, when the National Security Agency (NSA) began illegally tracking the communications of American citizens. According to a Washington Post article published in 2010, the NSA continues to collect 1.7 billion communications, whether telephone, email or otherwise, every single day.

The NSA and Department of Justice are just two pieces of a vast surveillance network which encompasses and implicates most of the federal government, as well as the majority of technology and telecommunications companies in the United States. For the past two years, the United States Foreign Intelligence Surveillance Court has approved literally every single request by the federal government to spy on people within the United States. There have been some 4,000 applications rubberstamped by the court in the past two years, applications which allow federal officials to monitor the communications of any person in the United States, including American citizens, if they are believed to be in contact with someone overseas.

These government-initiated spying programs depend in large part on the willingness of corporations to hand over personal information about their customers to government officials. Sometimes the government purchases the information outright. At other times, the government issues National Security Letters, which allow the government to force companies to hand over personal information without a warrant or probable cause.

Some web companies, such as Skype, have already altered their products to allow government access to personal information. In fact, government agents can now determine the credit card information and addresses of Skype users under suspicion of criminal activity. Aside from allowing government agents backdoor access to American communications, corporations are also working on technologies to allow government agents even easier access to Americans’ communications.

For example, Google has filed a patent for a “Policy Violation Checker,” software which would monitor an individual’s communications as they type them out, whether in an email, an Excel spreadsheet or some other digital document, then alert the individual, and potentially their employer or a government agent, if they type any “problematic phrases” which “present policy violations, have legal implications, or are otherwise troublesome to a company, business, or individual.” The software would work by comparing the text being typed to a pre-defined database of “problematic phrases,” which would presumably be defined on a company-by-company basis.

The emergence of this technology fits in well with Google chairman Eric Schmidt’s view on privacy, which is that “If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place.” Unfortunately, this is not just the attitude of corporate benefactors who stand to profit from creating spy technology and software but government officials as well.

Additionally, police officials throughout the country have become increasingly keen on monitoring social media websites in real time. Rob D’Ovido, a criminal justice professor at Drexel University, has noted that, “The danger of this in light of the tragedy in Boston is that law enforcement is being so risk-averse they are in danger of crossing that line and going after what courts would ultimately deem as free speech.”

Cameron Dambrosio

For example, Cameron Dambrosio, a teenager and self-styled rap artist living in Metheun, Massachusetts, posted a video of one of his original songs on the internet which included references to the White House and the Boston bombing. While the song’s lyrics may well have been crude and ill-advised in the wake of the Boston bombing, police officers exacerbated the situation by arresting Dambrosio and charging him with communicating terrorist threats, a felony charge which could land him in prison for twenty years.

Unfortunately, cases like Dambrosio’s may soon become the norm, as the FBI’s Next Generation Cyber Initiative has announced that its “top legislative priority” this year is to get social media giants like Facebook and Google to comply with requests for access to real-time updates of social media websites. The proposed method of encouraging compliance is legal inquiries and hefty fines leveled at these companies. The Obama administration is expected to support the proposal.

The reality is this:  we no longer live in a free society. Having traded our freedoms for a phantom promise of security, we now find ourselves imprisoned in a virtual cage of cameras, wiretaps and watchful government eyes. All the while, the world around us is no safer than when we started on this journey more than a decade ago. Indeed, it well may be that we are living in a far more dangerous world, not so much because the terrorist threat is any greater but because the government itself has become the greater threat to our freedoms. — John W. Whitehead

Executioner in Chief: How a Nobel Peace Prize Winner Became the Head of a Worldwide Assassination Program

Posted: February 13, 2013 in Uncategorized
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“Much of our foreign policy now depends on the hope of benevolent dictators and philosopher kings. The law can’t help. The law is what the kings say it is.”—Ta-Nehisi Coates, writing for The Atlantic

“If George Bush had done this, it would have been stopped.”—Joe Scarborough, former Republican congressman and current MSNBC pundit

When Barack Obama ascended to the presidency in 2008, there was a sense, at least among those who voted for him, that the country might change for the better. Those who watched in awe as President Bush chipped away at our civil liberties over the course of his two terms as president thought that maybe this young, charismatic Senator from Illinois would reverse course and put an end to some of the Bush administration’s worst transgressions—the indefinite detention of suspected terrorists, the torture, the black site prisons, and the never-ending wars that have drained our resources, to name just a few.

A few short years later, that fantasy has proven to be just that: a fantasy. Indeed, Barack Obama has not only carried on the Bush legacy, but has taken it to its logical conclusion. As president, Obama has gone beyond Guantanamo Bay, gone beyond spying on Americans’ emails and phone calls, and gone beyond bombing countries without Congressional authorization. He now claims, as revealed in a leaked Department of Justice memo, the right to murder any American citizen the world over, so long as he has a feeling that they might, at some point in the future, pose a threat to the United States.

Let that sink in. The President of the United States of America believes he has the absolute right to kill you based upon secret “evidence” that you might be a terrorist. Not only does he think he can kill you, but he believes he has the right to do so in secret, without formally charging you of any crime and providing you with an opportunity to defend yourself in a court of law. To top it all off, the memo asserts that these decisions about whom to kill are not subject to any judicial review whatsoever.

The President of the United States of America believes he has the absolute right to kill you based upon secret “evidence” that you might be a terrorist. Not only does he think he can kill you, but he believes he has the right to do so in secret, without formally charging you of any crime and providing you with an opportunity to defend yourself in a court of law. To top it all off, the memo asserts that these decisions about whom to kill are not subject to any judicial review whatsoever. This is what one would call Mafia-style justice, when one powerful overlord—in this case, the president—gets to decide whether you live or die based solely on his own peculiar understanding of right and wrong. This is how far we have fallen in the twelve years since 9/11, through our negligence and our failure to hold our leaders in both political parties accountable to the principles enshrined in the Constitution.

This is what one would call Mafia-style justice, when one powerful overlord—in this case, the president—gets to decide whether you live or die based solely on his own peculiar understanding of right and wrong. This is how far we have fallen in the twelve years since 9/11, through our negligence and our failure to hold our leaders in both political parties accountable to the principles enshrined in the Constitution.

According to the leaked Department of Justice memo, there are certain “conditions” under which it is acceptable for the president to kill a U.S. citizen without the basic trappings of American justice, i.e., a lawyer and a fair hearing before a neutral judge.

First, you have to be suspected of being a “senior operational leader” of al-Qaeda or an “associated force.” Of course, neither of these terms is defined. Making matters worse, the government doesn’t actually have to prove that you’re an “operational leader.” It simply has to suspect that you are. (Of course, if all it takes for the government to pull the trigger and kill a U.S. citizen is a hunch, then the rest of the conditions set out in the memo are moot.)

Second, capturing you has to be “infeasible.” Easy enough, since “infeasibility of capture” includes being unable to capture someone without putting American troops in harm’s way.

Third, you must pose “an imminent threat of violent attack against the United States,” whether or not you can actually execute an attack on our soil. Before you breathe a sigh of relief that perhaps your neck is safe now, keep in mind that the imminence requirement “does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.” The Bush administration should get some credit here, since it was their creative parsing of the “imminent” threat posed by Saddam Hussein and his so-called weapons of mass destruction that inspired the Obama lawyers to play footloose with the laws on killing American citizens.

In short, by simply asserting that an American citizen is an enemy of the United States, the Obama administration has given itself the authority to murder that individual. This pales in comparison to George W. Bush’s assertion that he could detain an American citizen indefinitely simply by labeling him an enemy combatant.

Compounding this travesty, the Obama administration also insists that the power to target a U.S. citizen for murder applies to any “informed, high-level official of the U.S. government,” not just the president. Therefore, any bureaucrat or politician, if appointed to a high enough position, can target an American for execution by way of drone strikes.

It’s been done before. Without proving that they were “senior operational leaders” of any terrorist organization, the Obama administration used drone strikes to assassinate Anwar al-Awlaki and his 16-year-old son, Abdulrahman, both American citizens.

So now we find ourselves at this strange, surreal juncture where clear-cut definitions of right and wrong and the rule of law have been upended by legal parsing, government corruption, corporate greed, partisan games, and politicians with questionable morals and little-to-no loyalty to the American people.

It’s a short skip and a jump from a scenario where the president authorizes drone strikes on American citizens abroad to one in which a high-level bureaucrat authorizes a drone strike on American citizens here in the United States. It’s only a matter of time. Obama has already opened the door to drones flying in American skies—an estimated 30,000 by 2015, and a $30 billion per year industry to boot.

Yet no matter how much legislation we pass to protect ourselves from these aerial threats being used against us domestically, either to monitor our activities or force us into compliance, as long as the president is allowed to unilaterally determine who is a threat and who deserves to die by way of a drone strike, we are all in danger.

This is surely the beginning of the end of the republic. Not only are we upending the rule of law, but killing people across the globe without accountability seriously undermines America’s long term relationships with other nations. The use of drones to kill American citizens demonstrates just how out of control the so-called “war on terror” has become. A war that by definition cannot be won has expanded to encompass the entire globe. This confirms the fears of those who have been watching as the American drone program has slowly expanded from targeting members of al-Qaeda and the Taliban in Afghanistan and Pakistan to include any person the president cares to see eliminated, not to mention the countless civilians killed along the way.

Retired general Stanley McChrystal has said that drone strikes are “hated on a visceral level” and feed into a “perception of American arrogance.” By attacking small time jihadists, as well as innocent civilians, the American government further inflames populations where terrorist groups are embedded, exciting anti-American sentiment among those who may have previously been an asset to America’s relationship with Muslim countries. In fact, McChrystal and former CIA director Michael Hayden have both expressed concern that American drone strikes are “targeting low-level militants who do not pose a direct threat to the United States.”

For example, Salem Ahmed bin Ali Jaber, a Muslim cleric in Yemen gave a long sermon in August 2012 denouncing Al-Qaeda. A few days later, three members of Al-Qaeda showed up to his neighborhood, saying they wanted to talk with Jaber. Jaber agreed, bringing along his cousin Waleed Abdullah, a police officer, for protection. In the middle of the conversation, a hail of American missiles rained down upon the men, killing them all.

Incidents such as these are the exact reason that America cannot seem to bring an end to its myriad military commitments abroad.  By undermining our potential allies, we simply further endanger American lives. According to Naji al Zaydi, an opponent of Al-Qaeda and former governor of Marib province in Yemen, “some of these young guys getting killed have just been recruited and barely known what terrorism means.” In direct opposition to the stated goal of the “war on terror,” we are creating enemies abroad who will gladly look forward to the day when the United States falls in on itself, like the Roman Empire before it.

Unfortunately, there seems to be no exit from this situation. Too many high-level officials, both Democrats and Republicans, either don’t care, or actively champion the murder of American citizens and innocent civilians alike by the president. As journalist Amy Goodman put it, “the recent excesses of U.S. presidential power are not transient aberrations, but the creation of a frightening new normal, where drone strikes, warrantless surveillance, assassination and indefinite detention are conducted with arrogance and impunity, shielded by secrecy and beyond the reach of law.” — John W. Whitehead