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
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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 NSAs
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
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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 presidents
desperation..........................................
Bush was desperate to keep the Times from running
this important storywhich the paper had
already inexplicably held for a yearbecause
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 reasonand less
out of genuine concern about national
securitythat George W. Bush tried so hard
to kill the New York Times story.© 2005 Newsweek, Inc.
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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
comment
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
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