Tag Archives: civil liberties

US Government Promises Not to Torture or Execute Edward Snowden

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Via the New York Times on Friday:

U.S. Tells Russia It Won’t Torture or Kill Snowden

Attorney General Eric Holder wrote a letter to Russia’s minister of justice assuring him that the United States government would not seek the death penalty against the former NSA contractor, and that the US would not torture him. (Snowden faces criminal charges back home and has been hiding out in a Moscow airport.) Theoretically, the US Constitution should on its own be enough of a reassurance that American officials won’t torture someone. It hasn’t always worked out that way in recent years.

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US Government Promises Not to Torture or Execute Edward Snowden

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TSA Is Making Airport Valets Search Your Trunk

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A New York woman who used a valet service recently to park her car at Greater Rochester International Airport discovered upon her return, through a notice left on her car, that it had been searched under TSA regulations without her consent. Furious, she got in touch with a local TV station, and the story went viral. TSA quickly put out a statement saying that its agents don’t search cars—but searches can be included in a TSA-approved security plan. Mother Jones has found that not only does TSA approve searches of the trunks and interior of unattended cars in an undefined perimeter that’s considered dangerously close to the airport—like a car left with valet parking—but if a valet attendant finds illegal drugs instead of bombs, they will call the police. Privacy experts say these searches could be a violation of a person’s Fourth Amendment rights.

“We search every car, we open the trunk and take a look around,” says Saour Merwan, a keymaster at the valet service at San Diego International Airport. “We were told by airport authority to do that, since about two years ago. We keep an eye out for something suspicious, like wires and cables. The airport has security regulations and we have to follow them.” Merwan says the service doesn’t inform anyone that they’re checking out the inside of the vehicles, and when asked what he’d do if he found illegal drugs, he says, “Of course we’d call the police.”

“This is exactly what the Fourth Amendment was designed to say the government can’t do, generally search everything without suspicion,” says Fred H. Cate, a professor at the Maurer School of Law at Indiana University. “At the same time, the Supreme Court has made an exception to searching items that you’ve voluntarily given to someone else—like a car. It’s a crazy argument, but that’s not bothered the courts before.”

As David Castelveter, a spokesman for TSA explains, each airport in the United States is required to come up with a TSA-approved plan to deal with security risks. That includes “unattended vehicles parked curbside at the terminal.” Approved measures to deal with that risk can include “searches of cars queued for curbside valet parking” (not all airports have valet services, but those that do tend to leave the cars in lots close to the airport.) Mother Jones asked Castelveter whether the definition of “curbside” can include any parking lot close to the airport—including those that may contain locked, non-valet cars—but he said TSA looks at each airport security plan on a “case-by-case basis.” Obviously, valet cars are easier to search than other vehicles, as the valet company has the keys.

“If TSA is made aware that evidence of illegal activity is discovered incidental to a search for explosives, that information will be relayed to law enforcement,” Castelveter adds.

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TSA Is Making Airport Valets Search Your Trunk

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Justice Department Sues Florida Over Disabled Kids in Nursing Homes

Mother Jones

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Abdel Rahman Gasser is one of more than 200 kids stuck in Florida geriatric nursing homes. Gasser family

The Justice Department Monday sued the state of Florida over its longstanding practice of housing medically fragile and disabled children in geriatric nursing homes, alleging that the state is in violation of the Americans with Disabilities Act. The complaint has been a long time in coming. DOJ started investigating Florida’s treatment of medically fragile and disabled kids in late 2011. It’s been warning the state ever since that if it didn’t change its practices and find a way for these kids to be cared for at home with their families or in better settings in the community, it would file suit and force the state to act.

Tea party-dominated Florida has been extremely reluctant to spend any money to provide care for this vulnerable population of children. The state even went so far as to turn down $37.5 million in federal money that would help move children out of nursing homes, all because the money was seen as part of Obamacare. Not even the threat of a civil rights lawsuit, apparently, was enough to get the state to do more.

Monday’s complaint was signed by Thomas Perez, the head of DOJ’s civil rights division who is now taking over as US secretary of labor. During his time at the civil rights division, Perez has been quietly but firmly pushing states to deinstitutionalize the mentally disabled and medically fragile. Under his leadership, the Obama administration has been the first presidential administration to systematically use the Supreme Court’s 1999 decision in Olmstead v. LC to advocate for this vulnerable population. That decision bans states from segregating disabled people in institutions or other settings.

Olmstead was a landmark decision, but it wasn’t until Obama took office that DOJ really started using it aggressively. Since 2009, DOJ has filed suit against 11 states over the discrimination against the physically and mentally disabled, and prosecutors have either investigated or intervened in ongoing private litigation in some way in many others. As a result, for instance, the state of Virginia was forced to close down several “training centers” in which it had institutionalized thousands of people with mental disabilities. Those people are now being moved into community settings or back home with their families. Similar moves are underway in Georgia, Mississippi, and elsewhere thanks to intervention by DOJ. Florida is now the latest—and probably the last such case—to be brought by Perez.

The kids at the heart of the Florida suit are children who, for instance, suffered traumatic brain injuries and are reliant on ventilators, feeding tubes, and 24-hour nursing care because they could die in five minutes if a breathing tube came loose. Many of them also have cognitive deficiencies or are paralyzed in some way. In short, their families need a lot of help taking care of them. Rather than provide that support, Florida’s response has been to push many kids into geriatric nursing homes, which are sometimes cheaper than home care but which also don’t provide children nearly the sorts of developmental opportunities they get with their families or even in foster care.

The Justice Department complaint lays out just how stingy Florida has been in the past decade when it comes to taking care of these kids. According to the complaint, even after Florida supposedly took steps this year to move more out of institutions, nearly 200 children with disabilities are still living in them, where they have only limited interaction with non-disabled people and are often far from their families and friends.

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Justice Department Sues Florida Over Disabled Kids in Nursing Homes

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New Report: The State Department’s Anti-Hacking Office Is a Complete Disaster

Mother Jones

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The State Department has plenty of important secrets—classified cables, foreign policy directives, embassy plans, and more. It also has a department (with a nine-word name) responsible for protecting those secrets from hackers: the Bureau of Information Resource Management’s Office of Information Assurance. Yet according to an unusually scathing new report from the State Department’s inspector general, this “lead office” for cybersecurity is so dysfunctional and technologically out-of-date that Foggy Bottom may be open to cyberattack.

The IG’s audit of the cybersecurity office, which took place earlier this year, concluded that the office “wastes personnel resources,” is unequipped to monitor $79 million in contracts, “has no mission statement,” and “is not doing enough and is potentially leaving Department systems vulnerable.” The report notes that department employees usually cannot find the head of the bureau because he’s often not in the office, and as a result, they don’t know what their work priorities are. The IG report notes that because of these problems, other parts of the department have to pick up the slack.

“This report reads like a what-not-to-do list from every policy, program, and contracting perspective,” says Scott Amey, the general counsel for the Project On Government Oversight, a nonprofit watchdog group where I used to work. “With stories about foreign entities hacking US government systems and questions about non-authorized access to classified information, this latest IG report causes major concerns about the State Department’s ability to protect government systems.”

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New Report: The State Department’s Anti-Hacking Office Is a Complete Disaster

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Judges Say Reporter Must Testify, CIA Spies Can Wear Disguises in Court

Mother Jones

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A US appeals court has ruled that the First Amendment does not protect New York Times national security reporter James Risen from revealing the sources that gave him information about the CIA’s plan to disrupt Iran’s nuclear program. Risen has been issued a subpoena by the Obama Administration to testify at the trial of former CIA officer Jeffrey Sterling, who allegedly leaked unauthorized information about the program.

In a 2-1 decision, the US Court of Appeals in Richmond, Virginia, overturned a 2011 ruling by a lower court that Risen had journalist’s privilege to protect his sources. It also reaffirmed that the CIA can take special measures to hide the identity of current and former CIA agents who provide witness in the trial. Agents can hide their real names from the jury when testifying, and can take other security measures such as hiding behind ” a screen between the trial participants and the public seating section of the courtroom” or wearing “light disguises (wigs, false beards, half glasses.)”

The majority opinion said: “There is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify by the prosecution or the defense in criminal proceedings about criminal conduct that the reporter personally witnessed or participated in, absent a showing of bad faith, harassment, or other such non-legitimate motive.”

The information in question is part of Risen’s 2006 book, State of War: The Secret History of the C.I.A. and the Bush Administration. In it, he described the CIA operation against Iran’s nuclear program as poorly run and wrote that it potentially gave valuable information to the Iranians. Risen told The Times in 2011 that, “I am going to fight this subpoena…I will always protect my sources, and I think this is a fight about the First Amendment and the freedom of the press.”

In a dissenting opinion, Circuit Judge Roger L. Gregory agreed with Risen: “The majority reads narrowly the law governing the protection of a reporter from revealing his sources, a decision that is, in my view, contrary to the will and wisdom of our Founders.”

The Obama Administration indicted Sterling under the Espionage Act, a law it has wielded more than any other presidential administration. Critics of Risen’s subpoena say that forcing Risen to testify, and cracking down on a national security whistleblower, is setting an alarming precedent. “I think it’s possible we’re headed toward a genuine crisis, where a New York Times reporter is in jail for publishing the news,” says Steven Aftergood, director of the Project on Government Secrecy, a government watchdog group. He would like to the Obama Administration to withdraw the subpoena, but notes, “I’m not sure where things go from here. It’s hard for me to imagine Risen saying, ‘OK, I give up. Sterling was my source.’ Will he go to jail? I don’t know.”

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Judges Say Reporter Must Testify, CIA Spies Can Wear Disguises in Court

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“You’re a Sacrifice”: An Open Letter to Edward Snowden

Mother Jones

This story first appeared on the TomDispatch website.

Dear Edward Snowden,

Billions of us, from prime ministers to hackers, are watching a live espionage movie in which you are the protagonist and perhaps the sacrifice. Your way forward is clear to no one, least of all, I’m sure, you.

I fear for you; I think of you with a heavy heart. I imagine hiding you like Anne Frank. I imagine Hollywood movie magic in which a young lookalike would swap places with you and let you flee to safety—if there is any safety in this world of extreme rendition and extrajudicial execution by the government that you and I were born under and that you, until recently, served. I fear you may pay, if not with your death, with your life—with a life that can have no conventional outcome anytime soon, if ever. “Truth is coming, and it cannot be stopped,” you told us, and they are trying to stop you instead.

I am moved by your choice of our future over yours, the world over yourself. You know what few do nowadays: that the self is not the same as self-interest. You are someone who is smart enough, idealistic enough, bold enough to know that living with yourself in a system of utter corruption would destroy that self as an ideal, as something worth being. Doing what you’ve done, on the other hand, would give you a self you could live with, even if it gave you nowhere to live or no life. Which is to say, you have become a hero.

Pity the country that requires a hero, Bertolt Brecht once remarked, but pity the heroes too. They are the other homeless, the people who don’t fit in. They are the ones who see the hardest work and do it, and pay the price we charge those who do what we can’t or won’t. If the old stories were about heroes who saved us from others, modern heroes—Nelson Mandela, Cesar Chavez, Rachel Carson, Ella Baker, Martin Luther King, Aung San Suu Kyi—endeavored to save us from ourselves, from our own governments and systems of power.

The rest of us so often sacrifice that self and those ideals to fit in, to be part of a cannibal system, a system that eats souls and defiles truths and serves only power. Or we negotiate quietly to maintain an uneasy distance from it and then go about our own business. Though in my world quite a few of us strike our small blows against empire, you, young man, you were situated where you could run a dagger through the dragon’s eye, and that dragon is writhing in agony now; in that agony it has lost its magic: an arrangement whereby it remains invisible while making the rest of us ever more naked to its glaring eye.

Private Eyes and Public Rights
Privacy is a kind of power as well as a right, one that public librarians fought to protect against the Bush administration and the PATRIOT Act and that online companies violate in every way that’s profitable and expedient. Our lack of privacy, their monstrous privacy—even their invasion of our privacy must, by law, remain classified—is what you made visible. The agony of a monster with nowhere to stand—you are accused of spying on the spies, of invading the privacy of their invasion of privacy—is a truly curious thing. And it is changing the world. Europe and South America are in an uproar, and attempts to contain you and your damage are putting out fire with gasoline.

You yourself said it so well on July 12th:

“A little over one month ago, I had family, a home in paradise, and I lived in great comfort. I also had the capability without any warrant to search for, seize, and read your communications. Anyone’s communications at any time. That is the power to change people’s fates. It is also a serious violation of the law. The 4th and 5th Amendments to the Constitution of my country, Article 12 of the Universal Declaration of Human Rights, and numerous statutes and treaties forbid such systems of massive, pervasive surveillance. While the US Constitution marks these programs as illegal, my government argues that secret court rulings, which the world is not permitted to see, somehow legitimize an illegal affair. These rulings simply corrupt the most basic notion of justice—that it must be seen to be done.”

They say you, like Bradley Manning, gave secrets to their enemies. It’s clear who those enemies are: you, me, us. It was clear on September 12, 2001, that the Bush administration feared the American people more than al-Qaeda. Not much has changed on that front since, and this almost infinitely broad information harvest criminalizes all of us. This metadata—the patterns and connections of communications rather than their content—is particularly useful, as my friend Chris Carlsson pointed out, at mapping the clusters of communications behind popular movements, uprisings, political organizing: in other words, those moments when civil society rises to shape history, to make a better future in the open world of the streets and squares.

The goal of gathering all this metadata, Chris speculates, “is to be able to identify where the ‘hubs’ are, who the people are who sit at key points in networks, helping pass news and messages along, but especially, who the people are who spread ideas and information from one network of people to the next, who help connect small networks into larger ones, and thus facilitate the unpredictable and rapid spread of dissent when it appears.”

Metadata can map the circulatory system of civil society, toward what ends you can certainly imagine. When governments fear their people you can be sure they are not serving their people. This has always been the minefield of patriotism: loyalty to our government often means hostility to our country and vice-versa. Edward Snowden, loyalist to country, you have made this clear as day.

Those who demonize you show, as David Bromwich pointed out in a fine essay in the London Review of Books, their submission to the power you exposed. Who stood where, he writes,

“was an infallible marker of the anti-authoritarian instinct against the authoritarian. What was distressing and impossible to predict was the evidence of the way the last few years have worn deep channels of authoritarian acceptance in the mind of the liberal establishment. Every public figure who is psychologically identified with the ways of power in America has condemned Snowden as a traitor, or deplored his actions as merely those of a criminal, someone about whom the judgment ‘he must be prosecuted’ obviates any further judgment and any need for thought.”

You said, “I know the media likes to personalize political debates, and I know the government will demonize me.” Who you are is fascinating, but what you’ve exposed is what matters. It is upending the world. It is damaging Washington’s relations with many Latin American and some European countries, with Russia and China as well as with its own people—those, at least, who bother to read or listen to the news and care about what they find there. “Edward Snowden Single-Handedly Forces Tech Companies To Come Forward With Government Data Request Stats,” said a headline in Forbes. Your act is rearranging our world. How much no one yet knows.

What You Love
What’s striking about your words on video, Edward Snowden, the ones I hear as your young, pale, thoughtful face speaks with clarity and incisiveness in response to Glenn Greenwald’s questions, is that you’re not talking much about what you hate, though it’s clear that you hate the secret network you were part of. You hate it because it poisons what you love. You told us, “I understand that I will be made to suffer for my actions… but I will be satisfied if the federation of secret law, unequal pardon, and irresistible executive powers that rule the world that I love are revealed even for an instant.” You love our world, our country—not its government, clearly, but its old ideals and living idealists, its possibilities, its dreamers, and its dreams (not the stale, stuffed American dream of individual affluence, but the other dreams of a better world for all of us, a world of principle).

You told us where we now live and that you refuse to live there anymore:

“I don’t want to live in a world where everything that I say, everything I do, everyone I talk to, every expression of creativity or love or friendship is recorded. And that’s not something I’m willing to support, it’s not something I’m willing to build, and it’s not something I’m willing to live under. America is a fundamentally good country. We have good people with good values who want to do the right thing. But the structures of power that exist are working to their own ends to extend their capability at the expense of the freedom of all publics.”

Which is to say you acted from love, from all the things the new surveillance state imperils: privacy, democracy, accountability, decency, honor. The rest of us, what would we do for love?

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“You’re a Sacrifice”: An Open Letter to Edward Snowden

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Ex-Indiana Gov. Mitch Daniels Supports Free Speech—Except When He Disagrees With It

Mother Jones

When Mitch Daniels took the helm of Purdue University in January, after eight years as the Republican governor of Indiana, he published an “open letter to the people of Purdue” outlining his vision for the state’s second-largest public college. In his letter, Daniels offered critiques and observations about the state of higher education; on the subject of “Open Inquiry,” he wrote: “A university violates its special mission if it fails to protect free and open debate,” adding that “the ensuring of free expression is paramount.”

Now, some great muckraking by the Associated Press casts serious doubt on Daniels’ commitment to protecting free speech. According to emails obtained by the AP, Daniels as governor tried to ban the works of historian Howard Zinn from the classrooms of Indiana’s public colleges. When Zinn died in February 2010, Daniels wrote in an email: “The terrible anti-American academic has finally passed away.” Daniel described Zinn’s celebrated and widely read book A People’s History of the United States as “a truly execrable, anti-factual piece of disinformation that misstates American history on every page.”

Daniels goes on to write: “Can someone assure me that it is not in use anywhere in Indiana? If it is, how do we get rid of it before more young people are force-fed a totally false version of our history?”

When told the book was being taught at Indiana University in a course on American social movements, Daniel fired back: “This crap should not be accepted for any credit by the state. No student will be better taught because someone sat through this session.”

More from the AP:

David Shane, a top fundraiser and state school board member, replied seven minutes later with a strategy directing Bennett and Indiana Commissioner for Higher Education Teresa Lubbers to review university courses across the state.

“Sounds like we need a cleanup of what is credit-worthy in ‘professional development’ and what is not. Who will take charge,” Daniels replied seven minutes later.

Shane replied that a statewide review “would force to daylight a lot of excrement.”

Just seven minutes later, Daniels signed off on it.

“Go for it. Disqualify propaganda and highlight (if there is any) the more useful offerings. Don’t the ed schools have at least some substantive PD (professional development) courseware to upgrade knowledge of math, science, etc,” Daniels wrote.

Daniels also appeared to have used his position as governor to target an academic who was critical of the state’s education policies. Emails show that Daniels asked for an audit focusing on the work of Charles Little, who is on the faculty of Indiana University Purdue University–Indianapolis’ School of Education and who leads the Indiana Urban Schools Association, an advocate for inner-city students, teachers, and administrators. In an April 11, 2009, email, Daniels asked for greater scrutiny of Little’s program and how it spent it funds.

Reached at his office, Little said he wasn’t surprised that Daniels and his colleagues targeted him. “It is worrisome that some of the people mentioned in the article are still around” in state government, Little told me.

Daniels, for his part, told the AP he had no regrets about his decision to target Howard Zinn. “We must not falsely teach American history in our schools,” he responded. “We have a law requiring state textbook oversight to guard against frauds like Zinn, and it was encouraging to find that no Hoosier school district had inflicted his book on its students.”

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Ex-Indiana Gov. Mitch Daniels Supports Free Speech—Except When He Disagrees With It

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Unitarians, Gun Lovers, and Pot Advocates Sue the NSA Over Spying Program

Mother Jones

A coalition of odd bedfellows—including Greenpeace, CalGuns Foundation, the First Unitarian Church of Los Angeles, the Council on American Islamic Relations, and the National Organization for the Reform of Marijuana Laws—are suing the National Security Agency (NSA) over its alleged “illegal and unconstitutional program of dragnet surveillance.” The groups, which are being represented by the Electronic Frontier Foundation, are bringing the suit in the wake of revelations by former NSA contractor Edward Snowden that the secret US spy court forced Verizon, AT&T, and Sprint to hand over customer records to the feds.

“When the government has access to your communications records for a period of up to five years, it creates a chilling effect on your willingness to participate in political discourse and join political groups,” Cindy Cohn, legal director for the Electronic Frontier Foundation, said in a press call on Tuesday. EFF also sued the NSA in 2008 over the Bush Administration’s warrantless wiretapping program—a case that has yet to be resolved.

The plaintiffs allege that through the NSA’s tracking program, “defendants…continue to collect, acquire, and retain, bulk communications information of telephone calls made and received by plaintiffs, their members and staffs. This information is otherwise private.” They also claim that the collection of this information was “neither relevant to an existing authorized criminal investigation, nor to an existing authorized investigation to protect against international terrorism.” The charges are being brought as violations to the First, Fourth and Fifth Amendments, among other laws.

The Director of National Intelligence, Keith Alexander—who is also listed on the suit—testified last month that the NSA’s surveillance program has helped stopped more than 50 terror plots since 9/11. The NSA maintains that the only information that has been collected through phone surveillance is basic information called metadata, which includes information like which numbers made and received a call, when it took place, and how long it lasted.

At the call on Tuesday, representatives for the groups said that even though the coalition comes from across the political spectrum, they have one big thing in common: They feel their First Amendment rights are being squashed. Reverend Rick Hoyt from the First Unitarian Church of Los Angeles noted that the church played an important role in fighting hysteria during the McCarthy years, and he sees this as more of the same: “We’re very aware how organizations can be affected by government surveillance…we want to make sure our current church members feel they have the right to associate with this church.” Gene Hoffman, chairman of The Calguns Foundation, which fights gun control laws, said his members are “definitely” hesitant about calling his organization because of surveillance concerns. “It’s common to have caller-ID block for our members even before this came out.”

Shahid Buttar, the executive director of the Bill of Rights Defense Committee, a civil rights organization that fights to end racial profiling, notes, “A lot of our members have had concerns about these kinds of activities happening for a long time, they’ve been dismissed for years by the broader public as paranoia… The people who suspected they were being watched, until now, couldn’t prove it.”

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Unitarians, Gun Lovers, and Pot Advocates Sue the NSA Over Spying Program

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The US Surveillance State Dates Back to the 19th Century

Mother Jones

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This story first appeared on the TomDispatch website.

The American surveillance state is now an omnipresent reality, but its deep history is little known and its future little grasped. Edward Snowden’s leaked documents reveal that, in a post-9/11 state of war, the National Security Agency (NSA) was able to create a surveillance system that could secretly monitor the private communications of almost every American in the name of fighting foreign terrorists. The technology used is state of the art; the impulse, it turns out, is nothing new. For well over a century, what might be called “surveillance blowback” from America’s wars has ensured the creation of an ever more massive and omnipresent internal security and surveillance apparatus. Its future (though not ours) looks bright indeed.

In 1898, Washington occupied the Philippines and in the years that followed pacified its rebellious people, in part by fashioning the world’s first full-scale “surveillance state” in a colonial land. The illiberal lessons learned there then migrated homeward, providing the basis for constructing America’s earliest internal security and surveillance apparatus during World War I. A half-century later, as protests mounted during the Vietnam War, the FBI, building on the foundations of that old security structure, launched large-scale illegal counterintelligence operations to harass antiwar activists, while President Richard Nixon’s White House created its own surveillance apparatus to target its domestic enemies.

In the aftermath of those wars, however, reformers pushed back against secret surveillance. Republican privacy advocates abolished much of President Woodrow Wilson’s security apparatus during the 1920s, and Democratic liberals in Congress created the FISA courts in the 1970s in an attempt to prevent any recurrence of President Nixon’s illegal domestic wiretapping.

Today, as Washington withdraws troops from the Greater Middle East, a sophisticated intelligence apparatus built for the pacification of Afghanistan and Iraq has come home to help create a twenty-first century surveillance state of unprecedented scope. But the past pattern that once checked the rise of a US surveillance state seems to be breaking down. Despite talk about ending the war on terror one day, President Obama has left the historic pattern of partisan reforms far behind. In what has become a permanent state of “wartime” at home, the Obama administration is building upon the surveillance systems created in the Bush years to maintain US global dominion in peace or war through a strategic, ever-widening edge in information control. The White House shows no sign—nor does Congress—of cutting back on construction of a powerful, global Panopticon that can surveil domestic dissidents, track terrorists, manipulate allied nations, monitor rival powers, counter hostile cyber strikes, launch preemptive cyberattacks, and protect domestic communications.

Writing for TomDispatch four years ago during Obama’s first months in office, I suggested that the War on Terror has “proven remarkably effective in building a technological template that could be just a few tweaks away from creating a domestic surveillance state—with omnipresent cameras, deep data-mining, nano-second biometric identification, and drone aircraft patrolling ‘the homeland.'”

That prediction has become our present reality—and with stunning speed. Americans now live under the Argus-eyed gaze of a digital surveillance state, while increasing numbers of surveillance drones fill American skies. In addition, the NSA’s net now reaches far beyond our borders, sweeping up the personal messages of many millions of people worldwide and penetrating the confidential official communications of at least 30 allied nations. The past has indeed proven prologue. The future is now.

The Coming of the Information Revolution
The origins of this emerging global surveillance state date back over a century to “America’s first information revolution” for the management of textual, statistical, and analytical data—a set of innovations whose synergy created the technological capacity for mass surveillance.

Here’s a little litany of “progress” to ponder while on the road to today’s every-email-all-the-time version of surveillance.

Within just a few years, the union of Thomas A. Edison’s quadruplex telegraph with Philo Remington’s commercial typewriter, both inventions of 1874, allowed for the accurate transmission of textual data at the unequalled speed of 40 words per minute across America and around the world.

In the mid-1870s as well, librarian Melvil Dewey developed the “Dewey decimal system” to catalog the Amherst College Library, thereby inventing the “smart number” for the reliable encoding and rapid retrieval of limitless information.

The year after engineer Herman Hollerith patented the punch card (1889), the US Census Bureau adopted his Electrical Tabulating machine to count 62,622,250 Americans within weeks—a triumph that later led to the founding of International Business Machines, better known by its acronym IBM.

By 1900, all American cities were wired via the Gamewell Corporation’s innovative telegraphic communications, with over 900 municipal police and fire systems sending 41 million messages in a single year.

A Colonial Laboratory for the Surveillance State
On the eve of empire in 1898, however, the US government was still what scholar Stephen Skowronek has termed a “patchwork” state with a near-zero capacity for domestic security. That, of course, left ample room for the surveillance version of modernization, and it came with surprising speed after Washington conquered and colonized the Philippines.

Facing a decade of determined Filipino resistance, the US Army applied all those American information innovations—rapid telegraphy, photographic files, alpha-numeric coding, and Gamewell police communications—to the creation of a formidable, three-tier colonial security apparatus including the Manila Police, the Philippines Constabulary, and above all the Army’s Division of Military Information.

In early 1901, Captain Ralph Van Deman, later dubbed “the father of US Military Intelligence,” assumed command of this still embryonic division, the Army’s first field intelligence unit in its 100-year history. With a voracious appetite for raw data, Van Deman’s division compiled phenomenally detailed information on thousands of Filipino leaders, including their physical appearance, personal finances, landed property, political loyalties, and kinship networks.

Starting in 1901, the first US governor-general (and future president) William Howard Taft drafted draconian sedition legislation for the islands and established a 5,000-man strong Philippines Constabulary. In the process, he created a colonial surveillance state that ruled, in part, thanks to the agile control of information, releasing damning data about enemies while suppressing scandals about allies.

When the Associated Press’s Manila bureau chief reported critically on these policies, Taft’s allies dug up dirt on this would-be critic and dished it out to the New York press. On the other hand, the Division of Military Information compiled a scandalous report about the rising Filipino politician Manuel Quezon, alleging a premarital abortion by his future first lady. Quezon, however, served the Constabulary as a spy, so this document remained buried in US files, assuring his unchecked ascent to become the first president of the Philippines in 1935.

American Blueprint
During the US conquest of the Philippines, Mark Twain wrote an imagined history of twentieth-century America. In it, he predicted that a “lust for conquest” had already destroyed “the Great American Republic,” because “trampling upon the helpless abroad had taught her, by a natural process, to endure with apathy the like at home.” Indeed, just a decade after Twain wrote those prophetic words, colonial police methods came home to serve as a template for the creation of an American internal security apparatus in wartime.

After the US entered World War I in 1917 without an intelligence service of any sort, Colonel Van Deman brought his Philippine experience to bear, creating the US Army’s Military Intelligence Division (MID) and so laying the institutional foundations for a future internal security state.

In collaboration with the FBI, he also expanded the MID’s reach through a civilian auxiliary organization, the American Protective League, whose 350,000 citizen-operatives amassed more than a million pages of surveillance reports on German-Americans in just 14 months, arguably the world’s most intensive feat of domestic surveillance ever.

After the Armistice in 1918, Military Intelligence joined the FBI in two years of violent repression of the American left marked by the notorious Luster raids in New York City, J. Edgar Hoover’s “Palmer Raids” in cities across the northeast and the suppression of union strikes from New York City to Seattle.

When President Wilson left office in 1921, incoming Republican privacy advocates condemned his internal security regime as intrusive and abusive, forcing the Army and the FBI to cut their ties to patriotic vigilantes. In 1924, Attorney General Harlan Fiske Stone, worrying that “a secret police may become a menace to free government,” announced “the Bureau of Investigation is not concerned with political or other opinions of individuals.” Epitomizing the nation’s retreat from surveillance, Secretary of War Henry Stimson closed the Military Intelligence cipher section in 1929, saying famously, “Gentlemen do not read each other’s mail.”

After retiring at the rank of major general that same year, Van Deman and his wife continued from their home in San Diego to coordinate an informal intelligence exchange system, compiling files on 250,000 suspected “subversives.” They also took reports from classified government files and slipped them to citizen anti-communist groups for blacklisting. In the 1950 elections, for instance, Representative Richard Nixon reportedly used Van Deman’s files to circulate “pink sheets” at rallies denouncing California Congresswoman Helen Gahagan Douglas, his opponent in a campaign for a Senate seat, launching a victorious Nixon on the path to the presidency.

From retirement, Van Deman, in league with FBI Director J. Edgar Hoover, also proved crucial at a 1940 closed-door conference that awarded the FBI control over domestic counterintelligence. The Army’s Military Intelligence, and its successors, the CIA and NSA, were restricted to foreign espionage, a division of tasks that would hold, at least in principle, until the post-9/11 years. So armed, during World War II the FBI used warrantless wiretaps, “black bag” break-ins, and surreptitious mail opening to track suspects, while mobilizing more than 300,000 informers to secure defense plants against wartime threats that ultimately proved “negligible.”

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The US Surveillance State Dates Back to the 19th Century

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This Man Has an IQ of 70. Will Georgia Execute Him Tonight? (Update: No)

Mother Jones

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Update: A Fulton County judge has stayed Hill’s execution, pending a hearing on Thursday.

At 7 p.m. EST on Monday, Georgia is set to execute Warren Hill, who has been on death row since 1989 for murdering his cellmate with a wooden board. (Hill had, at the time, been serving a life sentence for murdering his girlfriend.) That in itself isn’t especially unusual, except that according to every expert who has examined him, Hill is mentally disabled—and states are prohibited from executing mentally disabled individuals under a 2002 Supreme Court decision.

At this point, no one seems to dispute that Hill meets even the state’s high standard for proving he’s mentally handicapped. But Georgia contends—and in April, a federal appeals court agreed—that his mental capacities are irrelevant, because he is procedurally barred from making that case. That is, even though there is evidence beyond a reasonable doubt that Hill is unfit for execution, Georgia is going ahead with the lethal injection anyway, on a technicality; he’s all out of options.

But there’s another wrinkle. In February, a state court granted a stay of execution for Hill due to questions about the legality of the state’s lethal injection cocktail. The difficulty in acquiring new lethal injection cocktails is such that in February, Georgia sought to expedite the executions of its 94 death row inmates before its cocktails reached their March 1 expiration date. So in May, Gov. Nathan Deal (R) signed the Lethal Injection Secrecy Act, which classifies the state’s execution drug cocktail as a “state secret,” and therefore immune from judicial oversight:

The identifying information of any person or entity who participates in or administers the execution of a death sentence and the identifying information of any person or entity that manufactures, supplies, compounds, or prescribes the drugs, medical supplies, or medical equipment utilized in the execution of a death sentence shall be confidential and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50 or under judicial process. Such information shall be classified as a confidential state secret.

Under the new law, judges—or anyone else, really—are prohibited from finding out what drugs are actually being used to execute death row inmates, and where those drugs are coming from. (In Oklahoma, for instance, lawyers have successfully blocked executions that make use of new, more experimental drugs.) Because the cocktail is unknown, it is impossible to know whether such an execution process would square with other Constitutional tenets, such as the Eighth Amendment prohibition on cruel and unusual punishment.

Hill’s last best hope now is the US Supreme Court, which had previously announced it would conference on the case in September. But that’s only pushed Georgia to speed up its own deadline. The law went into effect on July 1. On July 3, Georgia set the new execution date for Hill. We’ll keep you updated.

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This Man Has an IQ of 70. Will Georgia Execute Him Tonight? (Update: No)

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