THE HANDSTAND

JANUARY 2006

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Big Brother Bush

The answer to the mystery of the NSA snooping scandal - why did they break the law when it was so ludicrously easy to get FISA warrants? - appears to be developing:

The media must learn the difference between a wiretap and "Echelon."
Noone is getting it. Liberals are talking in terms of "why couldn't he just go through FISA." Liberals are wasting their time arguing that Bush could easily have obtained FISA approval for what he was doing. Bush and his administration are purposely muddying the water by saying things like "we only listened to people who were talking to people with known al queda links."

Iin short, everyone is talking as if what the NSA does is just your typical, run of the mill law enforcement wiretap.

A typical law enforcement wiretap, the kind you can get a warrant for under FISA, allows the government to tap a person's phone, or even any phone that an identified subject might use, and listen to that person's conversations. Thats what FISA authorizes, targeted wiretaps, constitutional wiretaps authorized by a constitutional warrant that identifies the specific target of the tap.

Thats not what the NSA does. Thats not what Bush was doing. FISA does not and cannot authorize what Bush was doing, because its unconstitutional from the get go.

FISA cannot authorize the blanket monitoring of all telephone calls, a'la Echelon.

That is what Bush was doing. The media must learn the difference, because arguing about whether the "wiretaps" would have been authorized under FISA is missing the point, its not a wiretap program. Its the wholesale interception of all telephone communications.

Its indefensible. By muddying the water and engaging in complicated legal arguments, the media makes it look as if it is defensible, and supports the right wing meme of "the only people who care about this issue are law professors and scholars, not real americans trying to protect against terrorist attacks" as Katie Couric put it.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5639121

They weren't just wiretapping, they were data mining. They were using Echelon to 'Able Danger' the whole country (this is Poindexter's Total Information Awareness, which is supposedly dead, in action).

Executive Summary

In the greatest surveillance effort ever established, the US National Security Agency (NSA) has created a global spy system, codename ECHELON, which captures and analyzes virtually every phone call, fax, email and telex message sent anywhere in the world. ECHELON is controlled by the NSA and is operated in conjunction with the Government Communications Head Quarters (GCHQ) of England, the Communications Security Establishment (CSE) of Canada, the Australian Defense Security Directorate (DSD), and the General Communications Security Bureau (GCSB) of New Zealand. These organizations are bound together under a secret 1948 agreement, UKUSA, whose terms and text remain under wraps even today.

The ECHELON system is fairly simple in design: position intercept stations all over the world to capture all satellite, microwave, cellular and fiber-optic communications traffic, and then process this information through the massive computer capabilities of the NSA, including advanced voice recognition and optical character recognition (OCR) programs, and look for code words or phrases (known as the ECHELON “Dictionary”) that will prompt the computers to flag the message for recording and transcribing for future analysis. Intelligence analysts at each of the respective “listening stations” maintain separate keyword lists for them to analyze any conversation or document flagged by the system, which is then forwarded to the respective intelligence agency headquarters that requested the intercept.

But apart from directing their ears towards terrorists and rogue states, ECHELON is also being used for purposes well outside its original mission. The regular discovery of domestic surveillance targeted at American civilians for reasons of “unpopular” political affiliation or for no probable cause at all in violation of the First, Fourth and Fifth Amendments of the Constitution – are  consistently impeded by very elaborate and complex legal arguments and privilege claims by the intelligence agencies and the US government. The guardians and caretakers of our liberties, our duly elected political representatives, give scarce attention to these activities, let alone the abuses that occur under their watch. Among the activities that the ECHELON targets are:

Political spying: Since the close of World War II, the US intelligence agencies have developed a consistent record of trampling the rights and liberties of the American people. Even after the investigations into the domestic and political surveillance activities of the agencies that followed in the wake of the Watergate fiasco, the NSA continues to target the political activity of “unpopular” political groups and our duly elected representatives. One whistleblower charged in a 1988 Cleveland Plain Dealer interview that, while she was stationed at the Menwith Hill facility in the 1980s, she heard real-time intercepts of South Carolina Senator Strom Thurmond. A former Maryland Congressman, Michael Barnes, claimed in a 1995 Baltimore Sun article that under the Reagan Administration his phone calls were regularly intercepted, which he discovered only after reporters had been passed transcripts of his conversations by the White House. One of the most shocking revelations came to light after several GCHQ officials became concerned about the targeting of peaceful political groups and told the London Observer in 1992 that the ECHELON dictionaries targeted Amnesty International, Greenpeace, and even Christian ministries.

Commercial espionage: Since the demise of Communism in Eastern Europe, the intelligence agencies have searched for a new justification for their surveillance capability in order to protect their prominence and their bloated budgets. Their solution was to redefine the notion of national security to include economic, commercial and corporate concerns. An office was created within the Department of Commerce, the Office of Intelligence Liaison, to forward intercepted materials to major US corporations. In many cases, the beneficiaries of this commercial espionage effort are the very companies that helped the NSA develop the systems that power the ECHELON network. This incestuous relationship is so strong that sometimes this intelligence information is used to push other American manufacturers out of deals in favor of these mammoth US defense and intelligence contractors, who frequently are the source of major cash contributions to both political parties.

While signals intelligence technology was helpful in containing and eventually defeating the Soviet Empire during the Cold War, what was once designed to target a select list of communist countries and terrorist states is now indiscriminately directed against virtually every citizen in the world. The European Parliament is now asking whether the ECHELON communications interceptions violate the sovereignty and privacy of citizens in other countries. In some cases, such as the NSA’s Menwith Hill station in England, surveillance is conducted against citizens on their own soil and with the full knowledge and cooperation of their government.

This report suggests that Congress pick up its long-neglected role as watchdog of the Constitutional rights and liberties of the American people, instead of its current role as lap dog to the US intelligence agencies. Congressional hearings ought to be held, similar to the Church and Rockefeller Committee hearings held in the mid-1970s, to find out to what extent the ECHELON system targets the personal, political, religious, and commercial communications of American citizens. The late Senator Frank Church warned that the technology and capability embodied in the ECHELON system represented a direct threat to the liberties of the American people. Left unchecked, ECHELON could be used by either the political elite or the intelligence agencies themselves as a tool to subvert the civil protections of Constitution and to destroy representative government in the United States.
 
http://fly.hiwaay.net/~pspoole/echelon.html

The problem is that FISA was enacted prior to the current capability for data mining, and didn't anticipate how ubiquitous it could be. The reason they couldn't use FISA is that they would have had to obtain a FISA warrant for every person in the country. Data mining requires that you follow each link discovered by your snooping, and wouldn't work if it had to be subjected to FISA or the Constitution.

Jonathan Alter in Newsweek
No wonder Bush was so desperate that The New York Times not publish its story on the National Security Agency eavesdropping on American citizens without a warrant, in what lawyers outside the administration say is a clear violation of the 1978 Foreign Intelligence Surveillance Act. I learned this week that on December 6, Bush summoned Times publisher Arthur Sulzberger and executive editor Bill Keller to the Oval Office in a futile attempt to talk them out of running the story. The Times will not comment on the meeting, but one can only imagine the president’s desperation..........................................
Bush was desperate to keep the Times from running this important story—which the paper had already inexplicably held for a year—because he knew that it would reveal him as a law-breaker. He insists he had “legal authority derived from the Constitution and congressional resolution authorizing force.” But the Constitution explicitly requires the president to obey the law. And the post 9/11 congressional resolution authorizing “all necessary force” in fighting terrorism was made in clear reference to military intervention. It did not scrap the Constitution and allow the president to do whatever he pleased in any area in the name of fighting terrorism.................This time, the president knew publication would cause him great embarrassment and trouble for the rest of his presidency. It was for that reason—and less out of genuine concern about national security—that George W. Bush tried so hard to kill the New York Times story.

© 2005 Newsweek, Inc.

The NYT article, now being spun as resisted by the Bush Administration (as if the NYT would publish anything without Rove's say-so), appears to itself be part of the spinning, a limited hang-out to cover up the bigger scandal.
xymphora.blogspot.com


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I found this link that automatically sends your comments to your local newspaper and legislators regarding the issue of Bush illegally tapping people (phone tapping that is).

http://www.usalone.net/cgi-bin/o...oen.cgi? qnum=63
Caveman