Halting Illegal Spying on Americans
Almost seven years after the September 11, 2001 attacks, mainstream media and Congressional Democrats are finally beginning to defy President Bush’s illegal and unconstitutional program of spying on Americans.
During an astounding press conference on February 28, 2008, President Bush was jarred by the veteran and habitually-reserved CBS correspondent, Bill Plante, who asked point blank: “I know it’s unintended to spy on Americans, but in the collection process information about everybody gets swept up and then it gets sorted. So if Americans don’t have any recourse, are you just telling them when it comes to their privacy to suck it up?”
Stunned by the question, Bush delivered a condescending non-sequiter: “I wouldn’t put it that way, if I were you - in public. You’ve been around long enough.” (The President never disputed Plante’s premise that everyone’s information is vacuumed up by the government.)
Visibly angry, the President blamed everything on his favorite target - trial lawyers: “You cannot expect phone companies to participate if they feel like they’re going to be sued… class-action plaintiffs attorneys, you know - I don’t want to try to get inside their head; I suspect they see, you know, a financial gravy train - are trying to sue these companies. It’s unfair. It is patently unfair.”
Always willing to go to the mat to defend helpless phone giants, President Bush neglected to mention that the original lawsuits were brought by public interest lawyers like us and the ACLU, not class-action lawyers. This is only one of a series of untruths told by the Bush Administration about the largest domestic spying program in American history. Not least, as reported in this paper in January, the Bush administration took steps to monitor the calls of American citizens before 9/11, not after, as the administration has repeatedly asserted.
The President’s suggestion that it would be “patently unfair” to hold the phone companies liable represents a new low in this administration’s disregard of the law. Congress has long made it a crime for phone carriers to share a subscriber’s phone records with the government without a warrant or subpoena. Both the Electronic Communications Privacy Act and the Stored Communications Act provide for a minimum of $1,000 in damages for each violation of a phone subscriber’s privacy rights.
The Bush Administration never mentions that at least two phone companies refused to participate in the Administrations’ illegal attempts to access citizen phone records without court order. Qwest, under former CEO Joe Nacchio, refused to cooperate with the NSA’s spying program because the government would not certify that the program was legal. Michael Kieschnick, President of the Working Assets phone company, went further: “Working Assets believes that the warrantless monitoring of phone conversations ordered by the Bush administration is illegal and unacceptable… Working Assets would never, under any circumstances, give (let alone sell) records to the Bush administration without a warrant or court order.”
The CEOs of the major phone companies - Verizon, ATT and Sprint - could have complied with the law, but chose not to. Now that they’ve been sued under laws Congress passed to protect their own subscribers, the companies expect a Congressional bailout that wipes away the privacy rights of nearly every American phone customer.
So far, Democratic leaders in the House have refused to join their Senate colleagues in pushing through the Protect America Act that would have expanded the administration’s domestic spying program and given unprecedented immunity to telephone companies. Had Democrats succumbed to White House pressure, dozens of lawsuits would have been dismissed and, along with them, any legal remedy for the one of the most widespread violations of civil liberties by any U.S. administration.
This is one of the most important civil liberties issues of this generation and House Democrats must stand firm. The President sounds increasingly like the fictional, deluded Dr. Strangelove, only instead of bemoaning a “Doomsday Gap” he incoherently warns of an “Intelligence Gap.” If ever there was an opening for Democrats to blockade an isolated and unpopular administration to protect a popular principle, this is it.
There are ways to safeguard national security and uphold the law. But intentionally rewarding illegal spying tramples upon due process and interferes with the independence of the federal courts. Such a drastic step is not needed to protect America from terrorist threats. Our greatest protection lies in a nation under the rule of law.
The government can assure the phone companies’ cooperation in future investigations, by protecting them from future damage claims while leaving pending cases to be resolved in the courts.
Americans cherish their security, but time and again have shown that they value first and foremost their rights of privacy and free speech.
There is little merit in protecting the nation from lawless terrorism only to become a nation contemptuous of established law.
Bruce I. Afran and Carl J. Mayer are public interest attorneys. They brought the first lawsuit against Verizon for illegally turning over customer records to the government.
Actually, the government shouldn’t assure the phone companies protection from future claims to get their cooperation. It is currently ILLEGAL for phone companies to withhold information from the government if it is being legally requested by a warrant or supeona. That should be all the motivation they need to comply.
No one needs to do or support any extra-legal activities to protect America from terrorism. “Our greatest protection lies in a nation under the rule of law.” These companies need their pants sued off. They are the faces of fascist rule.
As I have informed my US representatives, if they allow these law breakers off the hook, then they can no longer expect me to support this nation financially. I was raised and educated in public schools that taught me about the rights of citizens and how the American government is suppose to operate and what it stands for.
If they are going to be a government who doesn’t uphold these laws that have been so brazenly broken by this stupid coniving little man along with his hoods in telcoland, then everything is off the table.
This is little more than a BIG attempt to cover their BIG sorry asses. National security? No THEIR security is what its all about.
Well, Geo the inferior_in_thief is the world’s most knowledgeable about “you know, a financial gravy train”, with his funneling of trillion$ going to his co-conspirator’s through New World Odor welfare to the rich.
A propaganda primer: (no charge)
Whenever W sez “The American people”, you insert instead “me and my bosses.”
And when W sez “The enemy” or “terrorists” or “evildoers”, you insert “The American people.”
Thus, “It is critical that congress pass this legislation with telecom immunity so that we can protect [the American people] from [terrorists],” becomes instead …
Well, you get the idea.
I have written and written and called and called. It hasn’t done a bit of good. Funny, the day after my most recent spate of calls and emails, I got a call myself– from the DNC. It was also the day after the groveling Congress pulled themselves onto their knees (from their bellies) in the House and whined and gobbled that they might not give the Preznit his telco immunity for this blatant and unconstitutional breach of law. I told the caller that the Dems would get ZERO money from me ever again. “I am done with you,” I said. The fundraiser began to try and talk me out of it, asking for examples of what I find so worthless in the dems behavior. I pointed to the telco immunity and the spying. The Dem fundraiser immediately said that even though the Senate had capitulated, look at the House…they’re standing up. Not even. I can see it clearly now: It was nothing but teensy tad of political theater to try and get some money. They put on their little show and then they set their fundraisers to call in the bucks. Reyes, Rockefeller are traitors. Pelosi, Reid, Rahm. Traitors. Zionist flacks for Israel and willing co-conspirators in the Vichy-style neocon collaborator government that rules and has nearly destroyed our once-fair nation. I can’t see that Clinton and Obama are much better. Clinton plays the fear card just as good as the Republikkans. Obama mouths the same old pieties about our “special” relationship with Israel and claims the fact that the Bush admin bombed Pakistan with a predator drone vindicates his assertions that it would be what he would do. What happened to “rethinking the paradigm that underlies our foreign policy”? The military-industrial complex rules our country. It’s awful, but it’s true. And I don’t expect anything to change anytime soon. Won’t get fooled again.
Dang, Priestess… that was a magnificent rant. You made my day… thank you. I ain’t kiddin’, neither.
Whenever I finished a good rant, blood pressure up, breathing hard, shaking my head in horror… my father used to look at me and ask “So, um, who you gonna shoot?”
I remember him, 90 years old, emailing me links to Common Dreams editorials, sending me copies of his published “letters to the editor,” “Blah, blah blah… not since the Magna Carta, blah blah blah….”
Right now I’m thinking of opening a used book store and increasing my compliment of cats out here in the Red State Heartland. I can write letters to the editor and email links to Common Dreams editorials to my own grown children.
I make great coffee. Come and visit me… I’m sure we won’t be bothered by customers.
Aiding and abeting Corporate Crime?
I’ll never vote for my senators again!
Throw all the bums out in November
Lobo Gris
An area phsyician has a column in our local paper. He gets about 800 words to spew his right-wing crap. I get 225 words (if they print my letter) and higher blood pressure. Here’s my letter:There is no special place in my heart for lawyers, however Philip Araoz’s recent right-wing rant against lawsuits demands a hint of balance. Perhaps Dr. Araoz is weary of paying large sums for malpractice insurance? Perhaps Republican Randy Demmer’s troubles were merely ‘good old boys’ having a bit of fun with the girls at work? I don’t know. However I do know that Araoz’s cheap shot at Rep. Walz was way out of line. Walz voted against legislation that would have given immunity to telecommunications corporations that violated the law and illegally spied on us. Dr. Araoz cites a possible “solution” from infotainment reporter and union-hater, John Stossel, of whom Fairness and Accuracy in Reporting (FAIR) has a long list of his egregious, deceptive reporting. Stossel suggests that the loser should pay all the lawyer fees in lawsuits. Just imagine if you will, that a large corporation caused you harm, but was unwilling to give you any satisfaction. Would you risk everything you have to go up against a bevy of smart, corporate lawyers knowing that something unexpected might leave you in financial ruin? If ideas like this are allowed to happen, we can kiss our pseudo-democracy goodbye and say hello to the new Corporatocracy of America.
So let me get this straight… spying on US citizens = VERY BAD… Spying on non-US Citizens = VERY GOOD. I am not a US citizen nor do I live in the US… Do I want the US Government listening in on my phone calls, reading my email and tracking my online activities??? HELL NO! What gives them the right to do so? So perhaps you Americans should expand your outrage to encompass electronic eavesdropping GLOBALLY. Oh and I bet here comes the argument “We need to defend ourselves against the terrorists”… I say bullshit. There wouldn’t be any terrorists after you if you respected international law and global human rights. It’s BECAUSE you’re such a war-like aggressive nation that people hate you enough to want to kill you. You won’t find the solution internationally… the problem is in your own back yard! So your government is spying on you… boo hoo… they’re spying on everyone else too so welcome to the world. The NSA must be shut down immediately.
NOT TO MENTION THAT (ACCORDING TO BUSH) NOTHING ILLEGAL OCCURRED.
(so you need the immunity for telecoms for….? oh… so MORE BUSH ADMINISTRATION CRIMES don’t come out in discovery)
what is taking so long to impeach these criminals and traitors?
oh yeah… a baseball player may have used steroids.
some fucking country.
sorry to yell
I can’t believe that bush/cheney have to rely on phone companies to spy on us. I’m sure there’s more going on at places such as Area 51 than we realize. They can surely tap into all of our communication without the help of AT&T and the rest.
Fiber optic (F/O) cables, now installed, will be continuously upgraded as years advance, but currently have the intrinsic capacity to transmit trillions of times more data.
The current limits of data rate are hardware (modem) limited, not fiber capacity.
Fibers provide the ultimate in security, as it is essentially impossible to break into a bundle with data flowing - as any outage is clearly evident and can be isolated in distance from nearer repeater modems. The only way into the “pants” of the high data rate going through, is the purposeful installation of couplers to split or copy the entire traffic passing through the bundle.
So Truthmonger, there is little access other than direct collusion with the providers. This was not the case in the 80s when microwave towers and sat links were used, and the NSA had to build its own set of antennas to gather the intercepts through “errant” sidelobes of residual link gain, off-point of the comm channel. Back during the days of the Church committee’s investigation, the NSA was only allowed to intercept the calls leaving the USA and going to foreign gov’ts - and this trick of picking up the very weak side-lobe signals radiating into space was seen as quite devious.
Copper metal cables under the ocean have been tapped for decades by use of submerged robotic devices that can pick-up the stray electro-magnetic (E/M) radiation, it they get up close and personal. It doesn’t work that way for light beams within fiber, as there are no stay E/M fields that cause the massive losses experienced by copper transmission.
There are certain quantum mechanical “entangled photon” devices being researched that hold the promise of increasing the intrinsic data rates even more, as well as insuring even higher level of F/O security.
Namaste
Wow, what struck me were the first words out of Bush’s mouth.
“I wouldn’t put it that way, if I were you - in public. You’ve been around long enough.”
The article dismisses this as “a condescending non-sequiter”. To me it sounds more like a threat that Tony Sopranno would issue.
Per Namaste’s comment, this is why the Clintons along with the Republicans and Democrats in congress put into the Telecom Act of 1996 a requirement that the telecoms design in access to the system for govt spies.
namaste-The recent spate of cable-cutting in the Persian Gulf and surrounding areas involved, I think, fiber optic. Do you think our government may have cut each cable twice and inserted a re-coupler in one cut which monitors the traffic?
“what is taking so long to impeach these criminals and traitors?”
honor amongst thieves, including those in Congress.
Greg R -
Very likely. Another possibility is that the cuttings forced traffic to where tapping already occurred (short-term advantage).
I didn’t see much in the news about these cable cuttings. The numbers varied from 3-8.
Outside Alexandria, Egypt. In the Persian Gulf. Outside the Persian Gulf, between the ME and India (I did see news that India’s internet services were heavily affected (and infected?).
Greg R — You are sooo clever and perceptive, they want you to do their devious trix (as they once wanted me). So sad, but true (they likely cut the cable in ten places at the same time, so as to eliminate the possibility of anyone eventually evading their snooping).
My guess would be that this cutting was essentially an act of war against whatever country owns the cable, but they’re very likely complicit and even knew ahead of time (so as to not lose any crucially valuable economic transactions).
I would guess that these F/O cables were part of the world’s non-American controlled internet, so the spying continues even more deeply - everywhere. If so, the spooks also likely left charges to blow the links, as needed later.
Namaste
Were the telecomms doing their “patriotic duty” on January 11th of this year when they suspended their services to the FBI for an unpaid $66,000 telephone bill? Considering that one of them just posted 4th quarter earnings in excess of $3 billion dollars, I don’t think so.
Comarc — Yes, terrifyingly so.
Why the big fuss over the phone companies? Do you honestly think that phone companies have the locks and keys to most of our communication? Communication that travels through the air (like cell phone calls) can be snatched up by anyone with the desire and the technology to do so. And there is no way to stop that from happening, unless we give up our cell phones (like that would EVER happen).
Especially due to the popularity of cell phones and satellite based communications (like GPS), we have very little privacy, and I very much doubt that the US Government is the only organization interested in what we are saying and doing.
hmmmm, I think the Fourth Amendment is pretty explicit;
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Now the problem is, does data mining fit into the definition of “unreasonable searches and seizures”?
I remain dumbfounded that the contemporary interpretation of the Constitution is quite imaginary to what the original text said, and only interpretive to the interest of big business and big government. And the hell with all else.
The only “Intelligence Gap” is the one between Bush’s ears. “Protect America Act”? George Orwell where are you now?