The Intelligence Cover-Up

THE COLD HARD TRUTH:

"The real danger is for Mr. Bush. A good law — like the House bill — would allow Americans to finally see the breathtaking extent of his lawless behavior.

What Mr. Bush wants is to be able to listen to your international telephone calls and read your international e-mail whenever he wants, without a court being able to prevent it or judge the legality of his actions.

Finally, Mr. Bush said it was vital to national security to give amnesty to any company that turned over data on Americans without a court order. The purpose of this amnesty is not to protect national secrets — that could be done during a trial — but to make sure that the full damage to Americans’ civil liberties is never revealed. "


NY TIMES
March 16, 2008
EDITORIAL

The Intelligence Cover-Up

For more than two years now, Congress, the news media, current and former national security officials, think tanks and academic institutions have been engaged in a profound debate over how to modernize the law governing electronic spying to keep pace with technology. We keep hoping President Bush will join in.

Instead, the president offers propaganda intended to scare Americans, expand his powers, and erode civil liberties — and to ensure that no one is held to account for the illegal wiretapping he ordered after 9/11.

Consider last Thursday’s performance, as the House debated a sound bill that closes some technology gaps in the 1978 Foreign Intelligence Surveillance Act and gives government agencies new flexibility to eavesdrop, but preserves constitutional protections against unreasonable searches. Mr. Bush distorted the contents of the bill and threatened to veto it.

He accused House leaders of “putting in place a cumbersome court approval process that would make it harder to collect intelligence on foreign terrorists.” Actually, the bill merely ensures that special judges continue to supervise surveillance of American citizens. The “cumbersome process” is really a court that acts swiftly and has refused only a half-dozen of more than 21,000 wiretap requests in its nearly 30 years of existence.

What Mr. Bush wants is to be able to listen to your international telephone calls and read your international e-mail whenever he wants, without a court being able to prevent it or judge the legality of his actions.

Mr. Bush said the House bill would “cause us to lose vital intelligence on terrorist threats.” But he has never offered credible evidence of any operation that was hobbled because officials had to request a warrant. The law already allows the government to eavesdrop first and then seek a warrant. As for that technology gap, Congress fixed it last year. The authority has expired, but wiretapping operations started under it can continue.

Finally, Mr. Bush said it was vital to national security to give amnesty to any company that turned over data on Americans without a court order. The purpose of this amnesty is not to protect national secrets — that could be done during a trial — but to make sure that the full damage to Americans’ civil liberties is never revealed. Mr. Bush also objects to a provision that would create a committee to examine his warrantless spying program.

Mr. Bush wanted the House to approve the Senate’s version of the bill, which includes Mr. Bush’s amnesty and does not do nearly as good a job of preserving Americans’ rights. We were glad the House ignored his bluster. If the Senate cannot summon the courage and good sense to follow suit, there is no rush to pass a law.

The president will continue to claim the country is in grave danger over this issue, but it is not. The real danger is for Mr. Bush. A good law — like the House bill — would allow Americans to finally see the breathtaking extent of his lawless behavior.

Inslee floor speech on FISA

Thank you Sir, I applaud, encore, encore
All I can say is it's long since been time for people to throw the Bush administration to the criminal history archives.

New Telecom Whistleblower Describes Possible Gateway for Massive Surveillance of Wireless Communications

Related Issues NSA Spying, Privacy

Trio of Commerce Chairmen Call for Further Investigation Based on Latest Spying Allegations

Washington D.C. - Three powerful House Commerce Committee Chairmen strongly urged their colleagues Thursday to defer acting on requests for retroactive immunity and to demand more information from the White House and the telecommunications companies in the wake of disclosures by another whistleblower that the government apparently has been granted an open gateway to wireless communications by a major telecommunications company.

Babak Pasdar, a computer security consultant, has gone public about his discovery of a mysterious "Quantico Circuit" while working for an unnamed major wireless carrier. Pasdar believes that this circuit gives the U.S. government direct, unfettered access to customers voice calls and data packets. These claims echo the disclosures from retired AT&T technician Mark Klein, who has described a "secret room" in an AT&T facility.

The White House is putting heavy pressure on lawmakers to grant the telecoms immunity from lawsuits over the spying as part of Foreign Intelligence Surveillance Act (FISA) legislation pending in Congress. But in today's letter -- written by John Dingell, Chairman of the House Committee on Energy and Commerce; Ed Markey, Chairman of the House Subcommittee on Telecommunications and the Internet; and Bart Stupak, Chairman of the Subcommittee on Oversight and Investigations -- the congressmen argue lawmakers must not "vote in the dark" on the immunity issue when "profound privacy and security risks" are involved.

"When you put Mr. Pasdar's information together with that of AT&T whistleblower Mark Klein, there is troubling evidence of telecom misconduct in massive domestic surveillance of ordinary Americans," said Cindy Cohn, Legal Director of the Electronic Frontier Foundation (EFF). "Congress needs to have hearings and get some answers about whether American telecommunications companies are helping the government to illegally spy on millions of us. Retroactive immunity for telecom companies now ought to be off the table in the ongoing FISA debate."

EFF represents the plaintiffs in Hepting v. AT&T, a class-action lawsuit brought by AT&T customers accusing the telecommunications company of violating their rights by illegally assisting the National Security Agency in widespread domestic surveillance. The Hepting case is just one of many suits aimed at holding telecoms responsible for knowingly violating federal privacy laws with warrantless wiretapping and the illegal transfer of vast amounts of personal data to the government.

For the full letter:
http://www.eff.org/files/newwhistleblower.pdf

For more on the telecoms' role in warrantless spying:
http://www.eff.org/issues/nsa-spying

Naomi Wolf with Amy Goodman of "Democracy Now": The End of America -Part 1 of 2