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Gallup: Partisan split at historic level
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Against the USA, Naked Communist Conspiracy Is Unfolding, NWO
1.U.S. acceptance of coexistence as the only alternative to atomic war.
2.U.S. willingness to capitulate in preference to engaging in atomic war.
3.Develop the illusion that total disarmament by the United States would be a demonstration of moral strength.
4.Permit free trade between all nations regardless of Communist affiliation
5.Extension of long-term loans to Russia & satellites.
6.Provide American aid to all nations regardless
7.Grant recognition of Red China. Admission of Red China to the U.N.
8.Set up East and West Germany as separate states under supervision of the U.N.
9.Prolong the conferences to ban atomic tests because the U.S. has agreed to suspend tests as long as negotiations are in progress.
10.Allow all Soviet satellites individual representation in the U.N.
11.Promote the U.N. as the only hope for mankind. Demand that it be set up as a one-world government with its own independent armed forces.
12.Resist any attempt to outlaw the Communist Party.
13.Do away with all loyalty oaths.
14.Continue giving Russia access to the U.S. Patent Office.
15.Capture one or both of the political parties.
16.Use technical decisions of the courts to weaken by claiming their activities violate civil rights.
17.Get control of the schools. Promote Communist propaganda. Soften the curriculum. Get control of teachers’ associations.
18.Gain control of all student newspapers.
19.Use student riots to foment public protests against programs or organizations which are under Communist attack.
20.Infiltrate the press. Get control of book-review assignments, editorial writing, policymaking positions.
21.Gain control of key positions in radio, TV, and motion pictures.
22.Continue discrediting American culture by degrading all forms of artistic expression. “eliminate all good sculpture from parks and buildings, substitute shapeless, awkward and meaningless forms.”
23.Control art critics and directors of art museums.
24.Eliminate all laws governing obscenity by calling them “censorship” and a violation of free speech.
25.Break down cultural standards of morality by promoting pornography and obscenity 26.Present homosexuality, degeneracy and promiscuity as “normal, natural, healthy.”
27.Infiltrate the churches and replace revealed religion with “social” religion. Discredit the Bible as a “religious crutch.”
28.Eliminate prayer or religious expression in the schools
29.Discredit the American Constitution by calling it inadequate, old-fashioned, a hindrance to cooperation between nations on a worldwide basis.
30.Discredit the American Founding Fathers.
31.Belittle all forms of American culture and discourage the teaching of American history
32.Support any socialist movement to give centralized control over any part of the culture; education, social agencies, welfare programs, mental health clinics, etc.
33.Eliminate all laws or procedures which interfere with the operation of communism
34.Eliminate the House Committee on Un-American Activities.
35.Discredit and eventually dismantle the FBI.
36.Infiltrate and gain control of more unions.
37.Infiltrate and gain control of big business.
38.Transfer some of the powers of arrest from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand or treat.
39.Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communist goals.
40.Discredit the family. Encourage promiscuity, masturbation, easy divorce.
41.Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks and retarding to suppressive influence of parents.
42.Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special-interest groups should rise up and use “united force” to solve economic, political or social problems.
43.Overthrow all colonial governments before natives are ready for self-government.
44.Internationalize the Panama Canal.
45.Repeal the Connally reservation so the United States cannot prevent the World Court from seizing jurisdiction over domestic problems and individuals alike.
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Labor force status: Unemployed
Type of data: Number in thousands
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WASHINGTON, D.C. — After reaching a more than two-year high in early 2015, Americans’ satisfaction with the direction of the U.S. continues to fall. Twenty-six percent of Americans say they are satisfied with the way things are going in the nation in May, down slightly from 32% in January and February.
The latest data are from Gallup’s May 6-10 poll.
Satisfaction jumped nine points in January to 32%, a promising sign that Americans’ moods were improving after a year of lower figures throughout 2014, ranging between 20% and 27%. Since February, though, satisfaction has dipped only slightly each month, but these small drops have resulted in a six-point decline since the beginning of the year. Satisfaction remains below the 36% historical average for Gallup’s trend dating back to 1979.
The drop in Americans’ satisfaction with the way things are going parallels the recent decline in economic confidence. Americans had a more positive outlook on the economy at the dawn of 2015, but these views, like satisfaction, have edged down in recent months.
Views of the nation’s direction have certainly been brighter in the past. Majorities of Americans were typically satisfied with the direction of the U.S. between 1998 and mid-2002 — including a record high of 71% in February 1999. But satisfaction declined steadily in the latter half of President George W. Bush’s presidency as the public grew disillusioned with the war in Iraq and the national economy suffered. This dip in satisfaction culminated in 7% of Americans, a record low, saying they were satisfied with the direction of the nation in October 2008 as the global economy collapsed and the U.S. stock market plummeted.
Satisfaction improved significantly during the first year of President Barack Obama’s term — reaching 36% in August 2009. It has not returned to that level since, ranging between 11% and 33% throughout Obama’s time in office.
Americans Still List Economy, Gov’t and Unemployment as Top Problems
Though the 14% of Americans who name dissatisfaction with government, Congress and politicians as the top problem facing the U.S. has fallen five points since April, it still remains the most commonly mentioned problem — a distinction it has held for six months.
The economy in general (12%) and unemployment (10%) have remained at the top of the list for several years. But mentions of these issues are down significantly from their recent peaks — the economy reached a high of 37% in 2012, and unemployment reached a high of 39% in 2011.
Race relations and racism (8%), immigration (6%), a decline in moral, religious and family ethics (6%), the state of the healthcare system (5%) and terrorism (5%) were also among the most frequently cited problems facing the nation.
Bottom Line
After years of dysfunctional government, the economy and unemployment dominating Americans’ mentions of the top problem facing the nation, fewer mention these problems now than in recent years. Still, these three problems remain at the forefront of Americans’ concerns, and may be driving Americans’ high level of dissatisfaction with the nation’s direction.
Although Americans’ confidence in the economy is higher this year than in recent years, it is still negative. And while fewer mention dysfunctional government as the nation’s top problem, Americans still strongly disapprove of Congress’ performance and remain divided on Obama’s.
Meanwhile, mentions of unemployment as a top problem have dipped as more U.S. workers report their workplaces are hiring and the unemployment rate as reported by the BLS declines. But unemployment still remains one of the most frequently cited problems.
Survey Methods
Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.
Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.
Five Months Into GOP Congress, Approval Remains Low at 19%
by Andrew Dugan
Story Highlights
Congressional job approval at 19%, essentially unchanged
Approval of GOP Congress similar among Republicans and Democrats
WASHINGTON, D.C. — Congressional job approval, currently at 19%, remains stuck near historical lows, despite a number of recent high-profile legislative achievements.
Over the past month, Congress has confirmed the stalled nomination of Attorney General Loretta Lynch and both chambers passed a bill that was signed into law regarding Medicare. Bills that would authorize limited congressional oversight on any international agreement with Iran and help victims of human trafficking passed the Senate with little or no opposition. The uptick in activity, though hardly historic, is notable compared with the past two Congresses. Those Congresses, marked by divided control of the two chambers, were known for their entrenched partisan gridlock and few legislative accomplishments. And Americans didn’t care for their inability to agree — they gave Congress its lowest approval ever over this time period. Gallup found in June 2013, six months into the previous Congress, that gridlock and ineffectiveness were the most frequently cited reason for Americans’ disapproval of Congress.
Several months into this new Congress, the accomplishments that have been realized could give one the impression that the gridlock is softening, particularly over the past month. But these achievements have had virtually no impact on Congress’s job approval compared with early April (15%).
And, of course, Congress is far from working perfectly now, even if the pace of work appears to have increased. Most dramatically, the Senate failed to overcome a Democratic filibuster Tuesday afternoon that would give the president enhanced authority in negotiating trade bills, though the May survey was conducted before this occurrence. Legislation authorizing the use of military force in Iraq and Syria to fight ISIS, proposed by the administration and which many members of Congress support, remains stalled.
GOP Congress Has Low Approval Among Republicans
A key reason the current 114th Congress appears to be having more legislative success than the two Congresses before it is that the House and Senate are now under one party’s control. Unified GOP control of Capitol Hill should, at least in theory, boost Republicans’ overall approval of Congress. But the expected “Republican rally” for Congress has yet to materialize — 21% of Republicans and Republican leaners approve of Congress, not much different from the 18% of independents and of Democrats who approve. Nor is Republican support notably higher than the 15% it reached in 2014, despite the decided Republican tilt of this year’s legislature.
Bottom Line
After years of dysfunction, Congress is moving forward on key pieces of legislation. No longer shackled by split control — though still facing a president of the opposite party — the legislative branch is suddenly finding some areas of agreement. But even if it appears that the gridlock is easing, the overwhelming majority of Americans still disapprove of Congress. If Congress continues passing bipartisan legislation, more Americans might soften their stance. Still, it may be that Americans are largely not aware of or impressed by Congress’ recent legislative successes. Or it may be that the hit to Congress’ reputation over the last several years — evident not only in dismal job approval ratings, but also fallinglevels of trust and confidence — will take a long time to reverse.
Survey Methods
Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.
Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.
On Social Ideology, the Left Catches Up to the Right
by Jeffrey M. Jones
Story Highlights
31% say they are socially liberal, 31% socially conservative
This is the first time conservatives have not outnumbered liberals
Conservatives maintain edge on economic issues
PRINCETON, N.J. — Thirty-one percent of Americans describe their views on social issues as generally liberal, matching the percentage who identify as social conservatives for the first time in Gallup records dating back to 1999.
Gallup first asked Americans to describe their views on social issues in 1999, and has repeated the question at least annually since 2001. The broad trend has been toward a shrinking conservative advantage, although that was temporarily interrupted during the first two years of Barack Obama’s presidency. Since then, the conservative advantage continued to diminish until it was wiped out this year.
The newfound parity on social ideology is a result of changes in the way both Democrats and Republicans describe their social views. The May 6-10 Gallup poll finds a new high of 53% of Democrats, including Democratic-leaning independents, describing their views on social issues as liberal.
Democrats were more likely to describe their views on social issues as moderate rather than liberal from 2001 to 2005. Since then, socially liberal Democrats have outnumbered socially moderate Democrats in all but one year.
Meanwhile, the 53% of Republicans and Republican leaners saying their views on social issues are conservative is the lowest in Gallup’s trend. The drop in Republicans’ self-identified social conservatism has been accompanied by an increase in moderate identification, to 34%, while the percentage identifying as socially liberal has been static near 10%.
These trends echo the pattern in Gallup’s overall ideology measure, which dates back to 1992 and shows increasing liberal identification in recent years. As with the social ideology measure, the longer-term shifts are mainly a result of increasing numbers of Democrats describing their views as liberal rather than moderate. That may reflect Democrats feeling more comfortable in describing themselves as liberal than they were in the past, as much as a more leftward shift in Democrats’ attitudes on political, economic and social issues.
Conservatives Still Lead Liberals on Economic Issues
In contrast to the way Americans describe their views on social issues, they still by a wide margin, 39% to 19%, describe their views on economic issues as conservative rather than liberal. However, as on social ideology, the gap between conservatives and liberals has been shrinking and is lower today than at any point since 1999, with the 39% saying they are economically conservative the lowest to date.
Currently, 64% of Republicans identify as conservative economically, which is down from 70% the previous two years and roughly 75% in the early years of the Obama presidency. During George W. Bush’s administration, Republicans were less likely to say they were economic conservatives, with as few as 58% doing so in 2004 and 2005. The trends suggest Republicans’ willingness to identify as economic conservatives, or economic moderates, is influenced by the party of the president in office, and perhaps the types of financial policies the presidential administration is pursuing at the time.
Democrats are also contributing to the trend in lower economic conservative identification. While the plurality of Democrats have consistently said they are economically moderate, Democrats have been more likely to identify as economic liberals than as economic conservatives since 2007. The last two years, there has been a 15-percentage-point gap in liberal versus conservative identification among Democrats on economic matters.
Implications
Americans’ growing social liberalism is evident not only in how they describe their views on social issues but also in changes in specific attitudes, such as increased support for same-sex marriage and legalizing marijuana. These longer-term trends may be attributable to changing attitudes among Americans of all ages, but they also may be a result of population changes, with younger, more liberal Americans entering adulthood while older, more conservative adults pass on. Gallup found evidence that population replacement is a factor in explaining changes in overall ideology using an analysis of birth cohorts over time.
The 2016 presidential election will thus be contested in a more socially liberal electorate — and a less economically conservative one — than was true of prior elections. Economically and socially conservative candidates may still appeal to the Republican Party base in the primaries, but it may be more important now than in the past for the GOP nominee to be a bit less conservative on social issues in order to appeal to the broader general electorate.
And while Americans are less economically conservative than in the past, economic conservatives still outnumber economic liberals by about 2-to-1. As a result, Democrats must be careful not to nominate a candidate who is viewed as too liberal on economic matters if their party hopes to hold the White House beyond 2016.
Survey Methods
Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.
Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.
Hillary Clinton is not the only Democratic comeback candidate on the 2016 ticket. Senate Democrats are betting on the past to rebuild their party for the future.
BY JOSH KRAUSHAAR
One of the most underappreciated stories in recent years is the deterioration of the Democratic bench under President Obama’s tenure in office. The party has become much more ideologically homogenous, losing most of its moderate wing as a result of the last two disastrous midterm elections. By one new catch-all measure, a party-strength index introduced by RealClearPolitics analysts Sean Trende and David Byler, Democrats are in their worst position since 1928. That dynamic has manifested itself in the Democratic presidential contest, where the bench is so barren that a flawed Hillary Clinton is barreling to an uncontested nomination.
But less attention has been paid to how the shrinking number of Democratic officeholders in the House and in statewide offices is affecting the party’s Senate races. It’s awfully unusual to see how dependent Democrats are in relying on former losing candidates as their standard-bearers in 2016. Wisconsin’s Russ Feingold, Pennsylvania’s Joe Sestak, Indiana’s Baron Hill, and Ohio’s Ted Strickland all ran underwhelming campaigns in losing office in 2010—and are looking to return to politics six years later. Party officials are courting former Sen. Kay Hagan of North Carolina to make a comeback bid, despite mediocre favorability ratings and the fact that she lost a race just months ago that most had expected her to win. All told, more than half of the Democrats’ Senate challengers in 2016 are comeback candidates.
On one hand, most of these candidates are the best choices Democrats have. Feingold and Strickland are running ahead of GOP Sens. Ron Johnson and Rob Portman in recent polls. Hill and Hagan boast proven crossover appeal in GOP-leaning states that would be challenging pickups. Their presence in the race gives the party a fighting chance to retake the Senate.
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But look more closely, and the reliance on former failures is a direct result of the party having no one else to turn to. If the brand-name challengers didn’t run, the roster of up-and-coming prospects in the respective states is short. They’re also facing an ominous historical reality that only two defeated senators have successfully returned to the upper chamber in the last six decades. As political analyst Stu Rothenberg put it, they’re asking “voters to rehire them for a job from which they were fired.” Senate Democrats are relying on these repeat candidates for the exact same reason that Democrats are comfortable with anointing Hillary Clinton for their presidential nomination: There aren’t any better alternatives.
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For a portrait of the Democrats’ slim pickings, just look at the political breakdown in three of the most consequential battleground states. Republicans hold 12 of Ohio’s 16 House seats, and all six of their statewide offices. In Wisconsin, Republicans hold a majority of the state’s eight House seats and four of five statewide partisan offices. In Pennsylvania, 13 of the 18 representatives are Republicans, though Democrats hold all the statewide offices. (One major caveat: Kathleen Kane, the Democrats’ once-hyped attorney general in the state, is under criminal investigation and has become a political punchline.) These are all Democratic-friendly states that Obama carried twice.
If Strickland didn’t run, the party’s hopes against Portman would lie in the hands of 30-year-old Cincinnati Councilman P.G. Sittenfeld, who would make unexpected history as one of the nation’s youngest senators with a victory. (Sittenfeld is still mounting a long-shot primary campaign against Strickland.) Without Feingold in Wisconsin, the party’s only logical option would be Rep. Ron Kind, who has regularly passed up opportunities for a promotion. Former Milwaukee Mayor Tom Barrett already lost to Gov. Scott Walker twice, and businesswoman Mary Burke disappointed as a first-time gubernatorial candidate last year. And despite the Democratic establishment’s publicized carping over Joe Sestak in Pennsylvania, the list of alternatives is equally underwhelming: His only current intra-party opposition is from the mayor of Allentown.
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In the more conservative states, the drop-off between favored recruits and alternatives is even more stark. Hagan would be a flawed nominee in North Carolina, but there’s no one else waiting in the wings. The strongest Democratic politician, Attorney General Roy Cooper, is running for governor instead. And in Indiana, the bench is so thin that even the GOP’s embattled governor, Mike Pence, isn’t facing formidable opposition. Hill, who lost congressional reelection campaigns in both 2004 and 2010, is not expected to face serious primary competition in the race to succeed retiring GOP Sen. Dan Coats.
Even in the two swing states where the party landed young, up-and-coming recruits to run, their options were awfully limited. In Florida, 32-year-old Rep. Patrick Murphy is one of only five House Democrats to represent a district that Mitt Romney carried in 2012—and his centrism has made him one of the most compelling candidates for higher office. The Democratic Senatorial Campaign Committee quickly rallied behind his campaign (in part to squelch potential opposition from firebrand congressman Alan Grayson). But if Murphy didn’t run, the alternatives would have been limited: freshman Rep. Gwen Graham and polarizing Democratic National Committee Chair Debbie Wasserman Schultz being the most logical alternatives.
In Nevada, Democrats boast one of their strongest challengers in former state Attorney General Catherine Cortez Masto, vying to become the first Latina ever elected to the Senate. But her ascension is due, in part, to the fact that other talented officeholders lost in the 2014 statewide wipeout. Democratic lieutenant-governor nominee Lucy Flores, hyped by MSNBC as a “potential superstar,” lost by 26 points to her GOP opponent. Former Secretary of State Ross Miller, another fast-rising pol, badly lost his bid for attorney general against a nondescript Republican. By simply taking a break from politics, Cortez Masto avoided the wave and kept her prospects alive for 2016.
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This isn’t an assessment of Democratic chances for a Senate majority in 2017; it’s a glaring warning for the party’s longer-term health. If Clinton can’t extend the Democrats’ presidential winning streak—a fundamental challenge, regardless of the political environment—the party’s barren bench will cause even more alarm for the next presidential campaign. And if the Democrats’ core constituencies don’t show up for midterm elections—an outlook that’s rapidly becoming conventional wisdom—Democrats have serious challenges in 2018 as well. It’s why The New Yorker’s liberal writer John Cassidy warned that a Clinton loss next year could “assign [Republicans] a position of dominance.”
By focusing on how the electorate’s rapid change would hand Democrats a clear advantage in presidential races, Obama’s advisers overlooked how the base-stroking moves would play in the states. Their optimistic view of the future has been adopted by Clinton, who has been running to the left even without serious primary competition.
But without a future generation of leaders able to compellingly carry the liberal message, there’s little guarantee that changing demographics will secure the party’s destiny. The irony of the 2016 Senate races is that Democrats are betting on the past, running veteran politicians to win them back the majority—with Clinton at the top of the ticket. If that formula doesn’t work, the rebuilding process will be long and arduous.
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America will never be destroyed from the outside.
If we falter and lose our freedoms, it will be because we destroyed ourselves.
~Abraham Lincoln
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Amendment IV
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.
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AFTER OVER 10 HOURS, RAND PAUL ENDS HIS NSA ‘FILIBUSTER’
The Kentucky Republican spoke on the Senate floor until he could no longer stand. Here’s everything that happened.
BY DUSTIN VOLZ AND KAVEH WADDELL
en. Rand Paul has just wrapped a ten-and-a-half hour long speech on the Senate floor in what his office called a filibuster against the National Security Agency’s surveillance programs, as part of an apparent stand against efforts by some of his Republican colleagues to extend the Patriot Act’s expiring spy powers.
“There comes to a time in the history of nations when fear and complacency allow power to accumulate and liberty and privacy to suffer,” Paul started. “That time is now. And I will not let the Patriot Act, the most un-patriotic of acts, go unchallenged.”
“There comes to a time in the history of nations when fear and complacency allow power to accumulate and liberty and privacy to suffer,” Paul started. “That time is now. And I will not let the Patriot Act, the most un-patriotic of acts, go unchallenged.”
Paul took the podium at 1:18 p.m. and left the floor at 11:49 p.m. Here’s what happened, and what’s coming next.
12:26 a.m.: A very tired Rand Paul, off the floor, opens up.
After he walked off the Senate floor, the Kentucky senator told reporters he was “tired, voice is worn out, ready to go home.”
But Paul didn’t feel like his time and energy were for nothing. Business shoes in hand, a weary Paul said “we accomplished something by having, you know, it was kind of nice to have bipartisan support.”
Paul said that even though he didn’t last until midnight, he still believed he had slowed down the clock by a day on procedural advancement on any Patriot Act reauthorization. But an aide to Senate Majority Leader Mitch McConnell suggested the theatrics matter little. “Cloture on trade would be tomorrow either way. Patriot Act is after that,” the aide said.
Because McConnell did not file for cloture by Tuesday evening, it was already unlikely the Senate could act on the Patriot Act before the House goes on recess tomorrow, given the drawn-out parliamentary process of the upper chamber. Unless the Senate is willing to stay in town over the weekend and approve the House-passed Freedom Act, it appears increasingly likely that we are headed for a full expiration of the law’s three surveillance authorities, which sunset on June 1.
Paul, while talking to reporters, took a jab at President Obama for not ending the NSA’s bulk phone-records program unilaterally. Obama “needs to step up and be a little more of a leader in getting us out of this mess,” he said.
Noting support from Sens. Mike Lee and Ted Cruz, his presidential rival, Paul said “We’re not exactly [on] the same page but I think we’re all opponents of the bulk collection.” Both Lee and Cruz support the USA Freedom Act, while Paul says it does not go far enough.
11:49 p.m.: It’s over. Thanking his staff, Sen. Rand Paul has relinquished the floor after 10 hours and 30 minutes.
(C-SPAN)
Since Paul didn’t speak past midnight, the week’s schedule appears to remain unchanged. Earlier in the night, an aide to Senate Majority Leader Mitch McConnell said that if Paul talked into Thursday, it would hold up possible consideration of a Patriot Act extension and throw off the Senate’s calendar before breaking for recess.
11:45 p.m.: We’re winding down. After Sen. Ted Cruz’s fiery speech, a tired Paul took the podium for a final hurrah. “My voice is rapidly leaving, and my bedtime has long since past,” he said, before launching into a summary of what he’s been saying for almost 10 and a half hours. “Bulk collection must end, and I think we have the votes to end it now,” Paul said.
11:29 p.m.: At last, Ted Cruz stands with Rand. Sen. Ted Cruz joined Paul to rail against the Patriot Act late Wednesday evening, just before 11:30 p.m. Cruz is the third Republican to join Paul on the floor.
The Texas Republican praised Paul for having “altered this debate” over NSA surveillance.
Cruz presided over the Senate for a bit earlier in the evening but stepped down to the floor to join Paul’s efforts.
Cruz is running for the GOP nomination for president, as is Paul. Sen. Marco Rubio is currently presiding, meaning three Republican White House contenders are currently in the chamber. A Paul-sanctioned super PAC that is backing his presidential bid earlier mocked Cruz on Twitter for not #StandingWithRand.
Cruz began talking up the virtues of the House-passed USA Freedom Act. Though Cruz supports the bill, he is only one of five GOP co-sponsors in the Senate. Paul believes the bill does not enough, while Rubio wants to preserve the Patriot Act’s spying authorities and the NSA’s bulk data regime.
Cruz emphasized that a straight extension of the Patriot Act provisions that the NSA uses to justify its surveillance program would not be acceptable.
“It is abundantly, abundantly clear that a clean reauthorization of the Patriot Act ain’t passing this body, and it certainly ain’t passing the House of Representatives.”
Cruz spent much of his speech focusing on the personal, saying that standing on the floor with Paul and Sen. Mike Lee reminded him of The Blues Brothers and getting the band back together.
“I said many times I will go to my grave in debt to Sen. Rand Paul that the first opportunity I had to speak on the Senate floor was in support of his epic filibuster,” Cruz said.
11:25 p.m.: Rand Paul is now selling a “filibuster starter pack.” This talk-a-thon is about more than just national security, the power of government, and privacy rights. It’s also about Rand Paul and his presidential ambitions. The latest example: you can now buy yourself a “filibuster starter pack” at Paul’s online campaign store, as the senator’s Twitter account alerted followers to.
The kit is $30 and includes, per the site, a t-shirt that reads “The NSA knows I bought this Rand Paul tshirt,” a bumper sticker that says the same, just about buying a sticker, and a “Spy blocker” for your computer camara.
11:16 p.m.: Patriot Act defender Marco Rubio is now presiding over Paul’s Patriot Act takedown. Another GOP presidential candidate is now presiding over Paul’s “filibuster.” Sen. Marco Rubio of Florida took over the duties to run the floor from Sen. Ted Cruz.
Rubio has vociferously defended the NSA’s surveillance powers, once penning an op-ed calling for the permanent extension of the Patriot Act’s spy provisions.
Rubio was spotted intently reading a magazine—using a pen to go line by line—as Sen. Lee spoke from the floor. Cruz, meanwhile, took a seat to Lee’s right, indicating he may end up joining the talk-a-thon after all.
11:10 p.m.: Rand Paul’s biggest House fans join him on Senate floor. A handful of House members gathered behind Paul on the Senate floor late Wednesday to cheer him on. The gaggle included Republican Rep. Tom Massie and Democratic Rep. Earl Blumenauer, both of whom voted against the House-passed USA Freedom Act last week on grounds it does not do enough to curb NSA surveillance. Massie has long been a big political ally of Paul’s.
Paul tonight has repeatedly said he is concerned the Freedom Act needs to do more before it can earn his support.
10:43 p.m.: Mike Lee returns. The tea-party Republican from Utah has reemerged to keep the Patriot Act talk-a-thon going. Lee is one of two Republicans to speak on the floor for Paul’s “filibuster,” along with Sen. Steve Daines of Montana.
Lee is a lead sponsor of the House-passed USA Freedom Act, alongside Sen. Patrick Leahy, the top Democrat on the Judiciary Committee. Though seven Democrats have supported Paul on the floor today, Leahy is not one them.
10:25 p.m.: Cruz’s office says he was scheduled to be presiding officer. In a strange twist of fate, Sen. Ted Cruz was already on the books to preside over the Senate tonight, his office says. Many expected Cruz to support Paul during his speech.
10:15 p.m.: As promised, Wyden is back. The Oregon Democrat has returned to speak on the floor, giving Paul a much-needed break.
10:10 p.m.: Sen. Ted Cruz arrives, but not to help. After nearly nine hours, Republican Sen. Ted Cruz arrived on the floor. But he wasn’t there to stand with the long-suffering Kentucky senator—he is presiding over the nearly-empty senate.
Cruz, who, like Paul, is running for the GOP presidential nomination, is a co-sponsor of the USA Freedom Act, which would rein in parts of the NSA and effectively end its bulk collection of U.S. call data. He is one of five Republicans to cosponsor the measure. Paul has said the bill does not go far enough.
9:50 p.m.: Another Democrat arrives to stand with Rand. Sen. Richard Blumenthal of Connecticut appeared to give Paul another breather. This is the seventh Democrat to come to Paul’s assistance.
Blumenthal talked about the secrecy of the Foreign Intelligence Surveillance Court and pressed for more transparency and oversight of the judicial body, which some privacy advocates have derided as a “rubber stamp” for the NSA’s surveillance orders. Blumenthal called for an adversarial body to argue against the government before the FISA Court.
9:48 p.m.: Ron Paul is standing with his son. The Campaign for Liberty, the organization led by former Rep. Ron Paul, tweeted out a picture of Paul and his wife standing by a TV tuned to C-SPAN 2. “C4L Chairman @RonPaul and his wife Carol stand with their son Rand to end NSA spying. Do you? #StandWithRand”
9:43 p.m. Rand Paul is slowing down. Over the last twenty minutes, Paul has paused for prolonged moments, swaying back and forth as he shuffles through the papers on his desk. His voice sounds hoarse, and he has fallen silent to pop a candy into his mouth a few times. If you were wondering if talking for so long with few breaks can get physically taxing, he’s your proof.
9:03 p.m.: Wyden returns. Sen. Ron Wyden, who was the first senator to join Paul several hours ago, is now back on the floor. The Oregon Democrat discussed his concerns about so-called “backdoor search loopholes” that can be used by the intelligence community to pry into the digital communications of Americans who correspond with foreigners.
Wyden then praised Paul’s stamina and determination before pledging to return later in the evening. “I intend to rejoin my colleague before long,” Wyden said.
8:57 p.m.: After listening for hours, Sen. Cantwell speaks. Washington Democrat Maria Cantwell, who has been sitting at a desk for much of the evening—certainly longer than any other senator—stood to ask Paul about encryption technology. She follows Sens. Wyden, Heinrich, Manchin, Coons, and Tester as the sixth Democrat to speak with Paul.
8:51 p.m.: McConnell aide: If Paul talks past midnight, he will delay NSA consideration. An aide for Senate Majority Leader Mitch McConnell said late Wednesday that if Paul continues his talk-a-thon past midnight, he will succeed in delaying the Senate’s possible consideration of any Patriot Act extension, possibly into the weekend or later.
This is significant because the House is due to pack its bags and leave town tomorrow. Because the Patriot Act’s spy authorities expire on June 1, the Senate may not be able to pass any surveillance legislation in time before the lower chamber recesses until next month.
If Paul makes it past midnight, the McConnell aide said, he will delay when the Senate—which still needs to address pending trade legislation—can file cloture on any Patriot Act legislation.
Earlier Wednesday, the Obama administration said the NSA would start shutting down its phone-records dragnet this Friday in order to have it turned off completely by June 1 unless Congress figured out a way forward before then.
It is unclear if McConnell would have filed cloture today had he been given the opportunity, however. And this all may be a moot point, as it is unclear if either the Freedom Act or a short-term “clean” reauthorization has the 60 votes necessary to advance through the Senate.
8:12 p.m.: Paul: Freedom Act allows for continued spying. Paul has said he’s unhappy with the House-passed USA Freedom Act because it doesn’t go far enough to stop NSA surveillance. He outlined his gripes with the bill on the floor, saying that the liability protection it offers telephone companies is proof that it doesn’t limit the spying programs enough.
“One question I would ask, if there was anybody that would actually tell you the answer, would be: If we already gave them liability protection under the Patriot Act, why are they getting it again under the USA Freedom Act unless we’re asking them to do something new that they didn’t have permission for?” Paul asked.
“The other problem with the USA Freedom Act is: If you think bulk collection is wrong, why do they need new authorities? Why are we giving them some new authorities?” he continued.
7:55 p.m.: Paul: This is just the tip of the iceberg. Paul is under no illusions that letting portions of the Patriot Act expire would end what he calls illegal spying. While the NSA’s bulk surveillance is a high-profile target, Paul says he thinks there are many similar programs that haven’t been revealed.
“If we decide to fix bulk records and try to do something about this, I think, injustice, the main thing is we should be aware that this isn’t the only program. There’s probably a dozen programs. There’s probably another dozen we haven’t even heard of that they won’t tell any of us about,” Paul said.
“And realize that they’re not asking Congress for permission. They are doing whatever they want,” he continued. “We did not give them permission under the Patriot Act to do bulk collection of phone records. They are doing it with no authority, or inherent authority, or some other authority, because the courts have already told them that there is no authority under the Patriot Act.”
7:47 p.m.: Paul goes off on EPA overreach. To illustrate the problems that come with big government, Paul turned away from the NSA and toward the EPA, an agency much reviled among conservatives unhappy with government overinvolvement.
Paul brought up a case that saw a man and his daughter sentenced to 10 years in prison for “putting clean dirt on his own land.”
“That’s what’s happening in America. So you wonder why some of us worry about our records being snatched up? We’re worried about our own government’s run amok, that our own government’s out of control and that our own government’s not really paying attention to us,” Paul said. “To put a 70-year-old man in prison for ten years for putting clean dirt on his own land, the person that did that ought to go to jail, in fact they ought to be put in a stockade and publicly flogged and then made to pay penance for a decade for doing something so stupid.”
Paul appeared to be referring to this 2005 case. According to an EPA administrator, “the defendants destroyed valuable wetlands and victimized the residents of Big Hill Acres, who ended up with polluted homes and yards with leaking sewage.”
7:13 p.m.: Rand’s getting a lot of help, but where is Ted Cruz? Two Republicans and five Democrats have joined Paul’s extended oratorical demonstration against the Patriot Act, but one senator is so far notably absent: Ted Cruz.
Cruz, who, like Paul, is running for president, has frequently lambasted the NSA for violating Americans’ privacy rights with its sweeping surveillance programs. Cruz is also one of five GOP cosponsors of the USA Freedom Act, the reform bill that passed the House and would effectively end the NSA’s domestic phone-records dragnet.
But Cruz, who was spotted in the Capitol earlier Wednesday, has so far not appeared on the floor to lend support to Paul. Cruz’s office did not respond to multiple requests for comment asking whether the Texas senator had plans to join the “filibuster.”
6:50 p.m.: Sen. Jon Tester is here. The Montana Democrat and chairman of the Democratic Senatorial Campaign Committee is the fifth Democrat to join Paul on the Senate floor.
6:45 p.m.: Rand Paul takes on “people who believe that the inherent authorities of the president are unlimited.” Paul said the bulk collection program’s beginnings, during which it was not sanctioned by law, fell outside the bounds of a president’s authority.
“For the first several years we did bulk collection, they just did it,” Paul said. “They just said it was under the inherent authorities of the president. This should scare us because there are people who believe that the inherent authorities of the president are unlimited. That would not be a president. There would be another name for that.”
6:44: Sen. Chris Coons comes to the floor. The Delaware senator is the fourth Democrat to come to the floor.
It’s relatively rare for my colleague from Kentucky and I to come to the floor in agreement on an issue,” Coons said. “But it has happened before on exactly this issue.”
6:35 p.m.: Standing with Rand outside the Capitol. About 25 “grassroots” supporters of Rand Paul gathered outside the Capitol Wednesday to show solidarity for his stand against the Patriot Act and support his presidential campaign. Chanting “stand with Rand” and “President Paul,” the group was nearly matched by the number of journalists snapping photos of the demonstration.
Cliff Maloney, 24, organized the event on Facebook. Maloney, who works for Young Americans for Liberty, said he supports Paul because of his stances on privacy issues and ability to reach out to younger voters.
“Look at today,” Maloney said. “He’s on the Senate floor filibustering [for digital privacy rights]. And that’s something young voters care about.”
6:20 p.m.: Sen. Joe Manchin Spars with Paul over USA Freedom Act. The Democrat from West Virginia joined Paul on the floor just after 6 p.m. “My good friend, I don’t always agree with you on every issue, but when it comes to this nation’s intelligence gathering and security, we agree more than we don’t,” Manchin said.
Manchin went on to express his support for the NSA reform bill that the House passed last week. “I believe this bill, USA Freedom 2015, moves us in a positive direction, ends the bulk data collection program, and ensures that the collection of data is related to a relevant, particular terrorist investigation,” Manchin said.
When Paul took the podium again, he laid out his concerns with the act that Manchin was touting. “I want to like it, and I want to because it ends bulk collection,” Paul said. But he said the fact that the bill allows the government to search for a person’s records leaves a loophole.
“See, the big thing for me is a warrant should be individualized and I’m worried when you use the word “person” if it can be replaced with the word verizon and still collect all the records,” Paul said. The problem stems from the legal practice of treating corporations as people.
“I don’t know if they’re insurmountable, but those are a couple concerns,” Paul said.
6:02 p.m.: Sen. Steve Daines joins the fray. Montana Republican Steve Daines joined Paul’s stand against the Patriot Act shortly before 6 p.m.
“I spent more than 12 years in the technology sector before being elected to Congress,” Daines said. “I know firsthand the power that big data holds. I also know the great risks that arise when this power is abused. There is a clear and a direct threat to American civil liberties that comes from the mass collection of our personal information and our phone records.”
Daines is one of five GOP cosponsors of the reform-minded USA Freedom Act, which passed the House easily last week. Paul is not a cosponsor of the measure, which he says does not go far enough to limit the Patriot Act’s spying provisions.
It is expected nearly all Senate Democrats would vote for the Freedom Act, with Sen. Bill Nelson being the lone holdout. But it remains unclear if the bill has enough Republican support to reach a filibuster-proof 60-vote threshold, especially with Senate Majority Leader Mitch McConnell whipping against it.
5:53 p.m.: What Rand Paul wants. Paul began going into detail over the last twenty minutes about the amendments he and Sen. Ron Wyden are “most likely” to offer on legislation seeking to reauthorize the expiring provisions of the Patriot Act. Many of the amendments would push for privacy safeguards that the two civil-liberties advocates have long championed.
The first amendment, Paul said, would prohibit the government from mandating that tech firms create so-called surveillance “backdoors” in their products, which the NSA could access. “I know facebook has objected to this and fought them on this, but our amendment would say that the government just can’t do this,” Paul said.
A second amendment would “end bulk collection and replace it with nothing,” Paul said. It would close a loophole that allows back-door searches, he said, referring to the NSA’s practice of using a rule that allows it to search the foreigners’ data to capture information on U.S. citizens. The amendment would also require a “constitutional advocate” to be present in order to argue against the government in intelligence courts.
That amendment, Paul said, would also enact certain privacy protections for Americans whose digital records are held by third-party companies.
Another amendment Paul wants to introduce would make warrantless spying on Americans illegal “in non-terror” cases. He said the amendment would protect Americans against the government using a warrant intended for foreign terrorists that’s easier to obtain.
A fourth amendment would require courts to approve national security letters to “make them more like warrants,” Paul said. So-called NSLs compel companies to hand over communications data or financial records of certain users for the purposes of a national security investigation. The decades-old investigative tool that has grown in importance and frequency of use since the Patriot Act’s passage. Hundreds of thousands of letters have been used by the Justice Department since Sept. 11, 2001, and are often accompanied by gag orders.
Paul continued to tick off several other amendment ideas, including additional protections for whistleblowers, allowing for U.S. citizens to appeal surveillance orders handed down by Foreign Intelligence Surveillance Court, and implementing limitations to the Reagan-era Executive Order 12333, which some privacy advocates say allows the NSA the majority of its spying power.
5:50 p.m.: Supports of Rand to Rally in Capitol. A group of “grassroots supporters” for Paul’s efforts to block the Patriot Act will gather at 6 p.m. outside the U.S. Capitol, according to a Facebook event page. The event calls for supporters to gather on the Senate steps “on the west front side” that face the White House. Eighty-nine people have currently RSVP’d for the Stand with Rand party.
5:01 p.m.: Martin Heinrich arrives. Democratic Sen. Martin Heinrich became the second Democrat to join Paul on the floor to criticize the NSA’s mass surveillance programs.
The New Mexico senator took the opportunity to cite a recent federal appeals court decision deeming the NSA’s phone-records dragnet illegal as proof the Patriot Act’s spying provisions cannot be renewed without substantial changes akin to what the USA Freedom Act offers.
“Why on Earth, I would ask you, why on Earth would we extend a law that this court has found to be illegal?” Heinrich asked. “Now, given the overwhelming evidence that the current bulk collection program is not only unnecessary but also illegal, i think we’ve reached a critical turning point
Heinrich serves on the intelligence committee along with Sen. Ron Wyden, who spoke on the floor earlier. The two have frequently teamed up to question the intelligence community’s broad surveillance powers.
4:46 p.m.: Lee makes his case for a vote on USA Freedom. Sen. Mike Lee said he was open to amendments to his NSA reform package, the USA Freedom Act, but that it would be irresponsible for the Senate to not take up consideration with sufficient time for discussion.
“If there are those who have concerns with the legislation passed by the House of Representatives last week by a vote of 338-88, I welcome their input, I welcome any amendments they may have, I welcome the opportunity to make the bill better to make it more compatible with this or that interest,” Lee said. “We cannot continue to function by cliff. Government by cliff is a recipe for disaster.”
4:27 p.m.: Wyden out, Lee in. Sen. Mike Lee, R-Utah, joined Paul on the Senate floor to give the Kentucky senator’s vocal cords a rest. Lee has been an outspoken supporter of reforming the NSA’s surveillance programs, and is one of the co-sponsors of the USA Freedom Act. Lee acknowledged that his position is not as extreme as Paul’s—he does not support allowing the Patriot Act to expire, as Paul does—but he offered his support on the floor.
“Let me be clear at the outset that while the senator from Kentucky and I come to different conclusions with regard to the specific question as to whether we should allow section 215 of the Patriot Act to expire, I absolutely stand with the junior senator from Kentucky,” Lee said when he took the podium.
On Tuesday. Lee asked the Senate to table discussion of the trade bill to begin debating the USA Freedom Act. The move was blocked by an objection from Sen. Tom Cotton, R-Ark.
4: 17 p.m.: What do other Republican senators think of Paul’s “filibuster”? Some of Paul’s Republican colleagues attempted to downplay the significance of Paul taking over the Senate floor on Wednesday. “Oh that’ll be, you know, 12 hours, and he’ll get a lot of publicity for a day or so, but it won’t affect the process,” Sen. John McCain said Tuesday, when asked about Paul’s expected filibuster.
Republican leadership seemed relieved Paul chose to take the floor during dead time Wednesday, a move they anticipate may mean he won’t get in the way later this week when the chamber actually considers a Patriot Act extension. “I guess if he’s going to, doing it now as opposed to doing it on the weekend is maybe preferable,” Sen. John Thune told an AP reporter.
“I don’t think those inside Washington are listening very well,” Paul said during his speech, in apparent recognition of his colleagues’ unwillingness to let the NSA’s bulk call-records program lapse.
4:12 p.m.: “No Senators.” One headline that Sen. Paul wasn’t necessarily hoping for: a little bit into his speech, C-SPAN2 aired this chyron while the senator spoke:
3:46 p.m.: Backup is here, and it’s a Democrat. Sen. Ron Wyden, D-Ore., took the podium to relieve Paul more than two hours into Paul’s floor speech. Wyden is Paul’s partner in opposing a straight reauthorization of the Patriot Act, and he is the only other senator who has also promised to filibuster an extension of the NSA’s spying programs. “This will not be the last time we are back on the floor,” Wyden said as he took over for Paul.
Paul and Wyden are somewhat strange bedfellows, as Wyden has indicated he would vote for the reform package the House passed last week, known as the USA Freedom Act. Paul contends it does not go far enough. But the bipartisan pair is co-sponsoring a number of amendments they say will make the USA Freedom Act go farther in limiting the NSA’s surveillance powers.
“A number of us—myself specifically—have been concerned that the majority leader and other supporters of business as usual on bulk collection of all of these phone records would somehow try to take advantage of our current discussions and try to, in effect, sneak through a motion to extend section 215 of the USA Patriot Act,” Wyden said. “As long as the senator from Kentucky has the floor, that cannot happen.”
“My colleague from Kentucky has been an invaluable ally on this particular cause since he arrived in the Senate,” the Oregon Democrat continued.
3:41 p.m.: Hitler appears. It took a little over two hours for the first mention of Hitler during Paul’s speech. “Any time you make an analogy to horrific people in history, a Mussolini or a Hitler, people say, ‘Oh, you’re exaggerating, you’re talking about—it’s hyperbole. And maybe it is. And particularly to accuse anybody of that is a horrific analogy, and I’m not doing that,” Paul said. “But what I would say is that if you are not concerned that democracy could produce bad people, I don’t think you’re really thinking this through too much.”
3:20 p.m.: Paul goes after Graham. Paul attacked fellow Republican Sen. Lindsey Graham, R-S.C., for his characteristically hawkish views on surveillance and due process. Paul seized on Graham’s comment earlier this week about how he would deal with anyone who’s thinking about joining the Islamic State terrorist group.
“One senator said recently—i find this really hard to believe—he said, well, when they ask you for a judge, just drone them,” Paul said. “Ha ha. Same guy said when they ask you for a lawyer, tell them to shut up.”
The Background
Paul, who is a Republican candidate for president, has for weeks threatened that he would filibuster any attempt to reauthorize the Patriot Act authorities due to sunset on June 1. Although the Senate was not taking up votes Wednesday afternoon, a Paul spokesman called the speech a “filibuster” and said the Kentucky Republican “will speak until he can no longer speak.”
The timing of Paul’s speech took some observers by surprise, as the Senate has not yet moved to consider the Patriot Act and is still trudging through an ongoing fight over an international trade deal. Because Paul was not actually objecting to any specific vote, his speech does not appear to qualify as a formal filibuster.
Procedural votes could still come up later this week on the Freedom Act and McConnell’s short-term extension. But the Senate would likely need to stay through the weekend to get through the full process of voting on the opposing measures, as McConnell had not filed for cloture on either option by Tuesday.
Paul could further stall each vote and force the Senate to stay in town through the weekend. But his decision to eat up time on Wednesday likely indicates he does not want to cause party leaders that headache. Either way, the Senate almost certainly won’t resolve the matter before the House leaves town on Thursday, and an expiration of the Patriot Act’s spy provisions looks increasingly likely.
Paul opposes both McConnell’s push and the Freedom Act, which he says does not go far enough in ushering in surveillance reforms.
Paul’s stand against government surveillance comes as three provisions of the Patriot Act are due to expire on June 1, including Section 215, which the NSA uses to justify its bulk collection of U.S. call records.
(RELATED: Where the 2016 Republicans Stand on NSA Spying)
Congress has reauthorized the authorities in the past, but the current expiration is the first to occur after the Edward Snowden revelations, which began two years ago and publicly exposed for the first time the NSA’s phone dragnet.
Last week the House overwhelmingly passed a reform package called the USA Freedom Act, which would effectively end the NSA’s domestic phone records program. Instead, telephone companies would be relied on to keep the records and hand them over to the government on an as-needed basis after judicial approval is obtained from the Foreign Intelligence Surveillance Court.
But that measure has run hard into a wall in the upper chamber, where Senate Majority Leader Mitch McConnell and a number of GOP defense hawks have said it could jeopardize national security. McConnell and his flock prefer a “clean” reauthorization to the Patriot Act’s spying authorities, and have most recently pushed for a two-month extension to allow more time for debate.
Paul said his stand will force the Senate to debate the surveillance programs, which he says did not happen when the Patriot Act was first introduced in the weeks following the terrorist attacks of Sept. 11, 2001.
“The Patriot Act—I’m not sure unless we insert ourselves a at this moment that we’ll have any debate over it. It’s been set to expire for three years. We’ve known it was coming. And the question is, do we not have enough time because we just don’t care enough?”
In 2013, Paul famously spoke for 13 hours on the Senate floor on John Brennan’s nomination to run the CIA, attacking the nominee and the Obama administration for its drone policy.
Within twenty minutes of the beginning of Paul’s speech, his campaign sent an email to supporters asking for donations. “I will not rest. I will not back down. I will not yield one inch in this fight so long as my legs can stand,” the email, which was signed by Paul, read.
The campaign took a dig at senators eager to leave town for the long weekend. “It seems many of my colleagues here in the Senate care more about getting out of town for the Memorial Day break than protecting the Constitution so many American patriots have fought and died for,” the email said. “I have news for them. They are going NOWHERE.”
Quoting founding fathers and waxing philosophical on the importance of privacy, Paul called for President Obama to immediately issue an executive order to end the NSA’s surveillance programs.
(RELATED: On NSA Spying, Bernie Sanders, Not Elizabeth Warren, Is Pushing Hillary Clinton Let)
“For over a year now, he has said the program is illegal and yet he does nothing,” Paul said on the Senate floor. “He says, well, Congress can get rid of the Patriot Act. Congress can get rid of the bulk collection. And yet he has the power to do it at his fingertips.”
“He began this illegal program,” Paul continued. “The court has informed him that the program is illegal. He has every power to stop it and yet the president does nothing.”
Paul has said he would end the NSA’s surveillance programs were he elected president.
A panel appointed by President Obama to review the government’s surveillance activities has recommended significant new limits on the nation’s intelligence apparatus that include ending the National Security Agency’s collection of virtually all Americans’ phone records.
It urged that phone companies or a private third party maintain the data instead, with access granted only by a court order.
The President’s Review Group on Intelligence and Communications Technologies also recommended in a wide-ranging report issued Wednesday that decisions to spy on foreign leaders be subjected to greater scrutiny, including weighing the diplomatic and economic fallout if operations are revealed. Allied foreign leaders or those with whom the United States shares a cooperative relationship should be accorded “a high degree of respect and deference,” it said.
The panel also urged legislation that would require the FBI to obtain judicial approval before it can use a national security letter or administrative subpoena to obtain Americans’ financial, phone and other records. That would eliminate one of the tool’s main attractions: that it can be employed quickly without court approval.
The review group also would impose a ban on warantless NSA searches for Americans’ phone calls and e-mails held within large caches of communications collected legally because the program targeted foreigners overseas.
A report from the five-member Review Group on Intelligence and Communications Technologies contains 40-plus recommendations on the NSA. Read it.
Taken together, the five-
member panel’s recommendations take aim at some of the most controversial practices of the intelligence community, in particular the 35,000-employee NSA, headquartered at Fort Meade, Md. The signals intelligence agency has been in the news constantly since June, when reports based on documents leaked by former NSA contractor Edward Snowden began appearing in The Washington Post and the Guardian.
The White House released the 300-plus-page report as part of a larger effort to restore public confidence in the intelligence community, which has been shaken by the Snowden revelations.
The panel said that the NSA’s storage of phone data “creates potential risks to public trust, personal privacy, and civil liberty” and that as a general rule, “the government should not be permitted to collect and store mass, undigested, non-public personal information” about Americans to be mined for foreign intelligence purposes.
Despite the proposed constraints, panel member Michael Morell, a former deputy director of the CIA, said, “We are not in any way recommending the disarming of the intelligence community.”
The panel made 46 recommendations in all, which included moving the NSA’s information assurance directorate — its computer defense arm — outside the agency and under the Defense Department’s cyber-policy office.
“The review committee has reaffirmed that national security neither requires nor permits the government to help itself to Americans’ personal information at will,” said Elizabeth Goitein, co-
director of the Brennan Center for Justice’s Liberty and National Security Program. “The recommendations would extend significant privacy protections to Americans.”
Some intelligence professionals were dismayed. “If adopted in bulk, the panel’s recommendations would put us back before 9/11 again,” said Joel F. Brenner, a former NSA inspector general.
Former NSA and CIA director Michael V. Hayden urged senior intelligence officials to lay out the operational costs of adopting the recommendations. “The responsibility is now in the intelligence community to be ruthlessly candid with the policy leadership,” Hayden said.
Obama met Wednesday morning with the panel, whose suggestions are advisory only, and some intelligence officials predicted that the most far-reaching recommendations, including ending the government collection and storage of bulk phone data, would not be adopted. The White House has said it will announce in January which ideas it has embraced, as it concludes its internal review of surveillance activities.
The NSA’s phone-records program has prompted debate about whether the government has overreached in the effort to prevent terrorist attacks. The review panel is urging that Congress pass legislation to end the NSA’s storage of phone records — estimated by some former officials to number more than 1 trillion — “as soon as reasonably practicable.”
If the data were held by phone companies or a private third party, access to them would be permitted only with an order from the Foreign Intelligence Surveillance Court, based on reasonable suspicion that the information sought is relevant to an authorized terrorism investigation. Each phone number would require a court order.
Currently, the NSA holds for five years the phone records it gathers daily from U.S. phone companies. These “metadata” include the numbers dialed and call times and durations, but not call content or subscriber names.
The review panel is not recommending that the phone companies maintaining the data store it any longer than they do now — periods that vary from as little as six months to 10 years.
In a ruling Monday on the collection program, U.S. District Judge Richard J. Leon described the technology used to search the NSA database as “almost Orwellian.” The judge said the collection was “almost certainly” unconstitutional.
“The combination of this report plus the judge’s decision Monday makes this a big week for the cause of intelligence reform,” said Sen. Ron Wyden (D-Ore.).
Moving custodianship of the records outside the NSA would diminish the agency’s agility in detecting terrorist plots, supporters of the current arrangement say. With companies holding data for different periods and in different formats, searching across them would become complicated, they argue.
But the panel said the collection program had not proved its utility. “Our review suggests that the information contributed to terrorist investigations by the use of . . . telephony metadata was not essential to preventing attacks and could readily have been obtained in a timely manner using conventional [court] orders,” it said.
The review group urged that the public have a legal advocate before the Foreign Intelligence Surveillance Court.
Anthony D. Romero, executive director of the American Civil Liberties Union, said the recommendation to end NSA’s bulk collection “goes to the very heart of NSA dragnet surveillance.” He called it “the most necessary recommendation of the review group.”
The NSA’s information assurance directorate, which would be shifted out of the agency, protects classified government computer systems and works with industry to help them better safeguard their systems. That mission differs from the NSA’s job of breaking into systems overseas to gain intelligence, the panel said.
The suggested move, said Gregory T. Nojeim, senior counsel at the Center for Democracy and Technology, would “end NSA’s dual personality as a code-breaker and cybersecurity-enhancer. It’s good.”
But Tony Sager, a former NSA information assurance executive, said moving the defensive mission out of NSA was unwise. “The defensive mission benefits a lot from the technology and the skills of people who work on the offensive side of the house and vice versa,” he said. “They get better insight into the model of what real adversaries do.”
The panel also recommended a prohibition on the government “in any way”subverting or weakening commercial software in order to get around encryption and urged that it not undermine efforts to create encryption standards. The panel also said the government should add oversight to the use and production of “zero day” hacking tools that can be used to penetrate computer systems and, in some cases, damage or destroy them.
The security community has long been concerned that the NSA is building and buying hacking tools, but a Pentagon cyber-official, Eric Rosenbach, has said that the government discloses vulnerabilities it finds to software companies.
Matthew Blaze, a University of Pennsylvania cryptology expert, said disclosure “doesn’t mean that the government can’t or wouldn’t be able to make use of cyberattack techniques that involve exploiting computers.
Kentucky Sen. Rand Paul is filibustering the Patriot Act on the Senate floor, and it doesn’t look like he’s going to stop anytime soon.
The Republican presidential candidate took control of the floor Wednesday afternoon at 1:18 p.m., simultaneously explaining on Twitter that he is filibustering the renewal of the Patriot Act because of the National Security Agency’s program that collects bulk phone record data of American citizens.
“The government shouldn’t have the ability to get that information unless they have suspicion,” Paul said on the floor Wednesday. “Unless they have probable cause you committed a crime.”
In an campaign email to supporters, posted online by a reporter from Time magazine, Paul said: “I will not rest. I will not back down. I will not yield one inch in this fight so long as my legs can stand.”
Here’s how a Paul campaign aide described the marathon speech: “Senator Rand Paul has taken the floor of the U.S. Senate to filibuster the reauthorization of the Patriot Act. Senator Paul is a staunch defender of liberty and believes Americans have a right to privacy. The U.S. government has no place conducting these warrantless searches and should focus on gathering intelligence on suspected terrorists and foreign actors.”
On Monday, Paul previewed the filibuster, holding a press conference in Philadelphia and calling on Obama to end the NSA’s program.
“Here in front of Independence Hall, I call for the president to obey the law,” he said Monday. “The court said last week that it is illegal to collect all of your phone records, all of the time, without a warrant with your name on it. I call on the president today to immediately end the bulk collection of our phone records.”
Asked on Monday whether he would filibuster the upcoming vote on the extension of the Patriot Act, which the NSA uses to carry out the bulk collection program, Paul told reporters: “I will do everything possible. The rules are tricky in the Senate, so I don’t know what I can promise. But we will do everything possible, including filibustering the Patriot Act, to stop that.”
This isn’t Paul’s first filibuster: in 2013, he filibustered the nomination of John Brennan as director of the CIA for 13 hours, talking about drones and the Bill of Rights.
The USA PATRIOT Act is an Act of Congress that was signed into law by PresidentGeorge W. Bush on October 26, 2001. Its title is a ten-letter backronym (USA PATRIOT) that stands for “Uniting andStrengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001″.[1]
On May 26, 2011, President Barack Obama signed the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act:[2]roving wiretaps, searches of business records (the “library records provision“), and conducting surveillance of “lone wolves”—individuals suspected of terrorist-related activities not linked to terrorist groups.[3]
Details
From broad concern felt among Americans from both the September 11 attacks and the 2001 anthrax attacks, Congress rushed to pass legislation to strengthen security controls. On October 23, 2001, Republican Rep. Jim Sensenbrenner introduced H.R. 3162 incorporating provisions from a previously sponsored House bill and a Senate bill also introduced earlier in the month.[4] The next day on October 24, 2001, the Act passed the House 357 to 66,[5] with Democrats comprising the overwhelming portion of dissent. The following day, on October 25, 2001, the Act passed the Senate by 98 to 1.[6]
Opponents of the law have criticized its authorization of indefinite detentions of immigrants; the permission given law enforcement officers to search a home or business without the owner’s or the occupant’s consent or knowledge; the expanded use of National Security Letters, which allows the Federal Bureau of Investigation (FBI) to search telephone, e-mail, and financial records without a court order; and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several legal challenges have been brought against the act, and Federal courts have ruled that a number of provisions are unconstitutional.
Many provisions of the act were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act’s original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns.[7]
The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.
The PATRIOT Act[8] made a number of changes to U.S. law. Key acts changed were the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic Communications Privacy Act of 1986 (ECPA), the Money Laundering Control Act of 1986 and Bank Secrecy Act (BSA), as well as the Immigration and Nationality Act. The Act itself came about after the September 11th attacks on New York City and the Pentagon. After these attacks, Congress immediately started work on several proposed antiterrorist bills, before the Justice Department finally drafted a bill called the Anti-Terrorism Act of 2001, introduced to Congress on September 19, 2001. This was introduced to the House as the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001, and was later passed by the House as the Uniting and Strengthening America (USA) Act (H.R. 2975) on October 12.[9] It was then introduced into the Senate as the USA Act (S. 1510)[10] where a number of amendments were proposed by SenatorRuss Feingold,[11][12][13][13] all of which were passed. The final bill, the USA PATRIOT Act was introduced into the House on October 23 and incorporated H.R. 2975, S. 1510 and many of the provisions of H.R. 3004 (the Financial Anti-Terrorism Act).[14] It was vehemently opposed by only one Senator, Russ Feingold, who was the only Senator to vote against the bill. Senator Patrick Leahy also expressed some concerns.[15]However, many parts were seen as necessary by both detractors and supporters.[16][17][18] The final Act included a number of sunsets which were to expire on December 15, 2005.
Due to its controversial nature, a number of bills – none of which were passed – were proposed to amend the USA PATRIOT Act. These included the Protecting the Rights of Individuals Act,[19] the Benjamin Franklin True Patriot Act,[20] and the Security and Freedom Ensured Act (SAFE).[21] In late January 2003, the founder of the Center for Public Integrity, Charles Lewis, published a leaked draft copy of an Administration proposal titled the Domestic Security Enhancement Act of 2003.[22] This highly controversial document was quickly dubbed “PATRIOT II” or “Son of PATRIOT” by the media and organizations such as the Electronic Frontier Foundation.[23] The draft, which was circulated to 10 divisions of the Department of Justice,[24]proposed to make further extensive modifications to extend the USA PATRIOT Act.[25] It was widely condemned, although the Department of Justice claimed that it was only a draft and contained no further proposals.[26]
Titles
Title I: Enhancing domestic security against terrorism
Title I authorizes measures to enhance the ability of domestic security services to prevent terrorism. The title established a fund for counter-terrorist activities and increased funding for the Terrorist Screening Center which is administered by the FBI. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the Attorney General. The National Electronic Crime Task Force was expanded, along with thePresident‘s authority and abilities in cases of terrorism. The title also condemned the discrimination against Arab and Muslim Americans that happened soon after the September 11 terrorist attacks. The impetus for many of the provisions came from earlier bills, for instance the condemnation of discrimination was originally proposed by Senator Tom Harkin (D–IA) in an amendment to the Combatting Terrorism Act of 2001, though in a different form. It originally included “the prayer ofCardinalTheodore McCarrick, the Archbishop of Washington in a Mass on September 12, 2001 for our Nation and the victims in the immediate aftermath of the terrorist hijackings and attacks in New York City, Washington, D.C., and Pennsylvania reminds all Americans that ‘We must seek the guilty and not strike out against the innocent or we become like them who are without moral guidance or proper direction.'”[27] Further condemnation of racial vilification and violence is also spelled out in Title X, where there was condemnation of such activities against Sikh Americans, who were mistaken for Muslims after the September 11th terrorist attack.[28]
Title II is titled “Enhanced Surveillance Procedures”, and covers all aspects of the surveillance of suspected terrorists, those suspected of engaging in computer fraud or abuse, and agents of a foreign power who are engaged in clandestine activities. It primarily made amendments to FISA, and the ECPA, and many of the most controversial aspects of the USA PATRIOT Act reside in this title. In particular, the title allows government agencies to gather “foreign intelligence information” from both U.S. and non-U.S. citizens, and changed FISA to make gaining foreign intelligence information the significant purpose of FISA-based surveillance, where previously it had been the primary purpose.[29] The change in definition was meant to remove a legal “wall” between criminal investigations and surveillance for the purposes of gathering foreign intelligence, which hampered investigations when criminal and foreign surveillance overlapped.[30] However, that this wall even existed was found by the Federal Surveillance Court of Review to have actually been a long-held misinterpretation by government agencies. Also removed was the statutory requirement that the government prove a surveillance target under FISA is a non-U.S. citizen and agent of a foreign power, though it did require that any investigations must not be undertaken on citizens who are carrying out activities protected by the First Amendment.[31] The title also expanded the duration of FISA physical search and surveillance orders,[32] and gave authorities the ability to share information gathered before a federal grand jury with other agencies.[33]
The scope and availability of wiretapping and surveillance orders were expanded under Title II. Wiretaps were expanded to include addressing and routing information to allow surveillance of packet switched networks[34]—the Electronic Privacy Information Center (EPIC) objected to this, arguing that it does not take into account email or web addresses, which often contain content in the address information.[35] The Act allowed any district court judge in the United States to issue such surveillance orders[34] and search warrants for terrorism investigations.[36] Search warrants were also expanded, with the Act amending Title III of the Stored Communications Access Act to allow the FBI to gain access to stored voicemail through a search warrant, rather than through the more stringent wiretap laws.[37]
Various provisions allowed for the disclosure of electronic communications to law enforcement agencies. Those who operate or own a “protected computer” can give permission for authorities to intercept communications carried out on the machine, thus bypassing the requirements of the Wiretap statute.[38] The definition of a “protected computer” is defined in 18 U.S.C.§ 1030(e)(2) and broadly encompasses those computers used in interstate or foreign commerce or communication, including ones located outside the United States. The law governing obligatory and voluntary disclosure of customer communications by cablecompanies was altered to allow agencies to demand such communications under U.S.C. Title 18 provisions relating to the disclosure of electronic communications (chapter 119), pen registers and trap and trace devices (chapter 206) and stored communications (121), though it excluded the disclosure of cable subscriber viewing habits.[39]Subpoenas issued to Internet Service Providers were expanded to include not only “the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber” but also session times and durations, types of services used, communication device address information (e.g. IP addresses), payment method and bank account and credit card numbers.[40] Communication providers are also allowed to disclose customer records or communications if they suspect there is a danger to “life and limb”.[41]
Title II established three very controversial provisions: “sneak and peek” warrants, roving wiretaps and the ability of the FBI to gain access to documents that reveal the patterns of U.S. citizens. The so-called “sneak and peek” law allowed for delayed notification of the execution of search warrants. The period before which the FBI must notify the recipients of the order was unspecified in the Act—the FBI field manual says that it is a “flexible standard”[42]—and it may be extended at the court’s discretion.[43] These sneak and peek provisions were struck down by judge Ann Aiken on September 26, 2007 after a Portland attorney, Brandon Mayfield, was wrongly jailed because of the searches. The court found the searches to violate the provision that prohibits unreasonable searches in the Fourth Amendment to the U.S. Constitution.[44][45]
Roving wiretaps are wiretap orders that do not need to specify all common carriers and third parties in a surveillance court order. These are seen as important by the Department of Justice because they believe that terrorists can exploit wiretap orders by rapidly changing locations and communication devices such as cell phones,[46] while opponents see it as violating the particularity clause of the Fourth Amendment.[47][48] Another highly controversial provision is one that allows the FBI to make an order “requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.”[49] Though it was not targeted directly at libraries, the American Library Association (ALA), in particular, opposed this provision.[50] In a resolution passed on June 29, 2005, they stated that “Section 215 of the USA PATRIOT Act allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity.”[51] However, the ALA’s stance did not go without criticism. One prominent critic of the ALA’s stance was the Manhattan Institute‘s Heather Mac Donald, who argued in an article for the New York City Journal that “[t]he furor over section 215 is a case study in Patriot Act fear-mongering.”[52]
The title also covers a number of other miscellaneous provisions, including the expansion of the number of FISC judges from seven to eleven (three of which must reside within 20 miles (32 km) of the District of Columbia),[53] trade sanctions against North Korea and Taliban-controlled Afghanistan[54] and the employment oftranslators by the FBI.[55]
At the insistence of Republican Representative Richard Armey,[56] the Act had a number of sunset provisions built in, which were originally set to expire on December 31, 2005. The sunset provision of the Act also took into account any ongoing foreign intelligence investigations and allowed them to continue once the sections had expired.[57] The provisions that were to expire are below.
Title II sections that were to originally expire on December 31, 2005
Section
Section title
201
Authority to intercept wire, oral, and electronic communications relating to terrorism
202
Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses
203(b)
Authority to share electronic, wire and oral interception information
204
Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications
206
Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978.
207
Duration of FISA surveillance of non-United States persons who are agents of a foreign power
209
Seizure of voice-mail messages pursuant to warrants
212
Emergency disclosure of electronic communications to protect life and limb
214
Pen register and trap and trace authority under FISA
215
Access to records and other items under the Foreign Intelligence Surveillance Act.
217
Interception of computer trespasser communications
218
Foreign intelligence information
220
Nationwide service of search warrants for electronic evidence
223
Civil liability for certain unauthorized disclosures
225
Immunity for compliance with FISA wiretap
Title III: Anti-money-laundering to prevent terrorism
Title III of the Act, titled “International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001,” is intended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. It primarily amends portions of the Money Laundering Control Act of 1986 (MLCA) and the Bank Secrecy Act of 1970 (BSA). It was divided into three subtitles, with the first dealing primarily with strengthening banking rules against money laundering, especially on the international stage. The second attempts to improve communication between law enforcement agencies and financial institutions, as well as expanding record keeping and reporting requirements. The third subtitle deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency.
The first subtitle tightened the record keeping requirements for financial institutions, making them record the aggregate amounts of transactions processed from areas of the world where money laundering is a concern to the U.S. government. It also made institutions put into place reasonable steps to identify beneficial owners of bank accounts and those who are authorized to use or route funds through payable-through accounts.[58] The U.S. Treasury was charged with formulating regulations intended to foster information sharing between financial institutions to prevent money-laundering.[59] Along with expanding record keeping requirements it put new regulations into place to make it easier for authorities to identify money laundering activities and to make it harder for money launderers to mask their identities.[60] If money laundering was uncovered, the subtitle legislated for the forfeiture of assets of those suspected of doing the money laundering.[61]In an effort to encourage institutions to take steps that would reduce money laundering, the Treasury was given authority to block mergers of bank holding companies and banks with other banks and bank holding companies that had a bad history of preventing money laundering. Similarly, mergers between insured depository institutions and non-insured depository institutions that have a bad track record in combating money-laundering could be blocked.[62]
Restrictions were placed on accounts and foreign banks. It prohibited shell banks that are not an affiliate of a bank that has a physical presence in the U.S. or that are not subject to supervision by a banking authority in a non-U.S. country. It also prohibits or restricts the use of certain accounts held at financial institutions.[63]Financial institutions must now undertake steps to identify the owners of any privately owned bank outside the U.S. who have a correspondent account with them, along with the interests of each of the owners in the bank. It is expected that additional scrutiny will be applied by the U.S. institution to such banks to make sure they are not engaging in money laundering. Banks must identify all the nominal and beneficial owners of any private bank account opened and maintained in the U.S. by non-U.S. citizens. There is also an expectation that they must undertake enhanced scrutiny of the account if it is owned by, or is being maintained on behalf of, any senior political figure where there is reasonable suspicion of corruption.[64] Any deposits made from within the U.S. into foreign banks are now deemed to have been deposited into any interbank account the foreign bank may have in the U.S. Thus any restraining order, seizure warrant or arrest warrant may be made against the funds in the interbank account held at a U.S. financial institution, up to the amount deposited in the account at the foreign bank.[65] Restrictions were placed on the use of internal bank concentration accounts because such accounts do not provide an effective audit trail for transactions, and this may be used to facilitate money laundering. Financial institutions are prohibited from allowing clients to specifically direct them to move funds into, out of, or through a concentration account, and they are also prohibited from informing their clients about the existence of such accounts. Financial institutions are not allowed to provide any information to clients that may identify such internal accounts.[66] Financial institutions are required to document and follow methods of identifying where the funds are for each customer in a concentration account that co-mingles funds belonging to one or more customers.
The definition of money laundering was expanded to include making a financial transaction in the U.S. in order to commit a violent crime;[67] the bribery of public officials and fraudulent dealing with public funds; the smuggling or illegal export of controlled munition[68] and the importation or bringing in of any firearm or ammunition not authorized by the U.S. Attorney General[69] and the smuggling of any item controlled under the Export Administration Regulations.[70][71] It also includes any offense where the U.S. would be obligated under a mutual treaty with a foreign nation to extradite a person, or where the U.S. would need to submit a case against a person for prosecution because of the treaty; the import of falsely classified goods;[72]computer crime;[73] and any felony violation of the Foreign Agents Registration Act of 1938.[71] It also allows the forfeiture of any property within the jurisdiction of the United States that was gained as the result of an offense against a foreign nation that involves the manufacture, importation, sale, or distribution of a controlled substance.[74] Foreign nations may now seek to have a forfeiture or judgment notification enforced by a district court of the United States.[75] This is done through new legislation that specifies how the U.S. government may apply for a restraining order[76] to preserve the availability of property which is subject to a foreign forfeiture or confiscation judgement.[77] In taking into consideration such an application, emphasis is placed on the ability of a foreign court to follow due process.[75] The Act also requires the Secretary of Treasury to take all reasonable steps to encourage foreign governments make it a requirement to include the name of the originator in wire transfer instructions sent to the United States and other countries, with the information to remain with the transfer from its origination until the point of disbursement.[78] The Secretary was also ordered to encourage international cooperation in investigations of money laundering, financial crimes, and the finances of terrorist groups.[79]
The Act also introduced criminal penalties for corrupt officialdom. An official or employee of the government who acts corruptly—as well as the person who induces the corrupt act—in the carrying out of their official duties will be fined by an amount that is not more than three times the monetary equivalent of the bribe in question. Alternatively they may be imprisoned for not more than 15 years, or they may be fined and imprisoned. Penalties apply to financial institutions who do not comply with an order to terminate any corresponding accounts within 10 days of being so ordered by the Attorney General or the Secretary of Treasury. The financial institution can be fined $US10,000 for each day the account remains open after the 10 day limit has expired.[65]
The second annotation made a number of modifications to the BSA in an attempt to make it harder for money launderers to operate and easier for law enforcement and regulatory agencies to police money laundering operations. One amendment made to the BSA was to allow the designated officer or agency who receivessuspicious activity reports to notify U.S. intelligence agencies.[80] A number of amendments were made to address issues related to record keeping and financial reporting. One measure was a new requirement that anyone who does business file a report for any coin and foreign currency receipts that are over US$10,000 and made it illegal to structure transactions in a manner that evades the BSA’s reporting requirements.[81] To make it easier for authorities to regulate and investigate anti-money laundering operations Money Services Businesses (MSBs)—those who operate informal value transfer systems outside of the mainstream financial system—were included in the definition of a financial institution.[82] The BSA was amended to make it mandatory to report suspicious transactions and an attempt was made to make such reporting easier for financial institutions.[83]FinCEN was made a bureau of the United States Department of Treasury[84] and the creation of a secure network to be used by financial institutions to report suspicious transactions and to provide alerts of relevant suspicious activities was ordered.[85] Along with these reporting requirements, a considerable number of provisions relate to the prevention and prosecution of money-laundering.[86]Financial institutions were ordered to establish anti-money laundering programs and the BSA was amended to better define anti-money laundering strategy.[87] Also increased were civil and criminal penalties for money laundering and the introduction of penalties for violations of geographic targeting orders and certain record-keeping requirements.[88] A number of other amendments to the BSA were made through subtitle B, including granting the Board of Governors of the Federal Reserve System power to authorize personnel to act as law enforcement officers to protect the premises, grounds, property and personnel of any U.S. National reserve bank and allowing the Board to delegate this authority to U.S. Federal reserve bank.[89] Another measure instructed United States Executive Directors of international financial institutions to use their voice and vote to support any country that has taken action to support the U.S.’s War on Terrorism. Executive Directors are now required to provide ongoing auditing of disbursements made from their institutions to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism.[90]
The third subtitle deals with currency crimes. Largely because of the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid them. A new effort was made to stop the laundering of money through bulk currency movements, mainly focusing on the confiscation of criminal proceeds and the increase in penalties for money laundering. Congress found that a criminal offense of merely evading the reporting of money transfers was insufficient and decided that it would be better if the smuggling of the bulk currency itself was the offense. Therefore, the BSA was amended to make it a criminal offense to evade currency reporting by concealing more than US$10,000 on any person or through any luggage, merchandise or other container that moves into or out of the U.S. The penalty for such an offense is up to 5 years imprisonment and the forfeiture of any property up to the amount that was being smuggled.[91] It also made the civil and criminal penalty violations of currency reporting cases[92] be the forfeiture of all a defendant’s property that was involved in the offense, and any property traceable to the defendant.[93] The Act prohibits and penalizes those who run unlicensed money transmitting businesses.[94] In 2005, this provision of the USA PATRIOT Act was used to prosecute Yehuda Abraham for helping to arrange money transfers for British arms dealer Hermant Lakhani, who was arrested in August 2003 after being caught in a government sting. Lakhani had tried to sell a missile to an FBI agent posing as a Somali militant.[95] The definition of counterfeiting was expanded to encompass analog, digital or electronic image reproductions, and it was made an offense to own such a reproduction device. Penalties were increased to 20 years imprisonment.[96] Money laundering “unlawful activities” was expanded to include the provision of material support or resources to designated foreign terrorist organizations.[97] The Act specifies that anyone who commits or conspires to undertake a fraudulent activity outside the jurisdiction of the United States, and which would be an offense in the U.S., will be prosecuted under 18 U.S.C.§ 1029, which deals with fraud and related activity in connection with access devices.[98]
Title IV amends the Immigration and Nationality Act of 1952 to give more law enforcement and investigative power to the United States Attorney General and to theImmigration and Naturalization Service (INS). The Attorney General was authorized to waive any cap on the number of full-time employees (FTEs) assigned to the INS on the Northern border of the United States.[99] Enough funds were set aside to triple the maximum number of Border Patrol personnel, Customs Service personnel and INS inspectors along with an additional US$50,000,000 funding for the INS and the U.S. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border.[100] The INS was also given the authority to authorize overtime payments of up to an extra US$30,000 a year to INS employees.[101] Access was given to the Department of State and the INS to criminal background information contained in the National Crime Information Center’s Interstate Identification Index (NCIC-III), Wanted Persons File and any other files maintained by the National Crime Information Center to determine whether visa applicants and applicants could be admitted to the U.S.[102] The Department of State was required to form final regulations governing the procedures for taking fingerprints and the conditions with which the department was allowed to use this information.[103] Additionally, theNational Institute of Standards and Technology (NIST) was ordered to develop a technology standard to verify the identity of persons applying for a United States visa.[103] The reason was to make the standard the technology basis for a cross-agency, cross-platform electronic system used for conducting background checks, confirming identities and ensuring that people have not received visas under different names.[104] This report was released on November 13, 2002,[105] however, according to NIST, this was later “determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998.”[106] This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002.
Under subtitle C, various definitions relating to terrorism were altered and expanded. The INA was retroactively amended to disallow aliens who are part of or representatives of a foreign organization or any group who endorses acts of terrorism from entering the U.S. This restriction also included the family of such aliens.[107] The definition of “terrorist activity” was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms).[107] To “engage in terrorist activity” is defined as committing, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organization or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to perform the terrorist act.[107] The INA criteria for making a decision to designate an organization as a terrorist organization was amended to include the definition of a terrorist act.[108] Though the amendments to these definitions are retroactive, it does not mean that it can be applied to members who joined an organization, but since left, before it was designated to be a terrorist organization under 8 U.S.C.§ 1189 by the Secretary of State.[107]
The Act amended the INA to add new provisions enforcing mandatory detention laws. These apply to any alien who is engaged in terrorism, or who is engaged in an activity that endangers U.S. national security. It also applies to those who are inadmissible or who must be deported because it is certified they are attempting to enter to undertake illegal espionage; are exporting goods, technology, or sensitive information illegally; or are attempting to control or overthrow the government; or have, or will have, engaged in terrorist activities.[109] The Attorney General or the Attorney General’s deputy may maintain custody of such aliens until they are removed from the U.S., unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days but can be held up to six months after it is deemed that they are a national security threat. However, the alien must be charged with a crime or removal proceedings start no longer than seven days after the alien’s detention, otherwise the alien will be released. However, such detentions must be reviewed every six months by the Attorney General, who can then decide to revoke it, unless prevented from doing so by law. Every six months the alien may apply, in writing, for the certification to be reconsidered.[109]Judicial review of any action or decision relating to this section, including judicial review of the merits of a certification, can be held underhabeas corpus proceedings. Such proceedings can be initiated by an application filed with the United States Supreme Court, by any justice of the Supreme Court, by any circuit judge of the United States Court of Appeals for the District of Columbia Circuit, or by any district court otherwise having jurisdiction to entertain the application. The final order is subject to appeal to the United States Court of Appeals for the District of Columbia Circuit.[109] Provisions were also made for a report to be required every six months of such decisions from the U.S. Attorney General to the Committee on the Judiciary of the House of Representatives and theCommittee on the Judiciary of the Senate.[109]
A sense of Congress was given that the U.S. Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). They also found that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. Congress wanted the primary focus of development of the entry-exit data system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. They also wanted the system to be able to interface with existing law enforcement databases.[110] The Attorney General was ordered to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA.[111] which records the date and port of entry of each foreign student. The program was expanded to include other approved educational institutions, including air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State. US$36,800,000 was appropriated for the Department of Justice to spend on implementing the program.[112]
The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under 8 U.S.C.§ 1187 for each fiscal year until September 30, 2007. The Secretary was also ordered to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.[113] The Secretary was also ordered to report back to Congress on whether consulate shopping was a problem.[114]
The last subtitle, which was introduced by Senators John Conyers and Patrick Leahy, allows for the preservation of immigration benefits for victims of terrorism, and the families of victims of terrorism.[115] They recognized that some families, through no fault of their own, would either be ineligible for permanent residence in the United States because of being unable to make important deadlines because of the September 11 terrorist attacks, or had become ineligible to apply for special immigration status because their loved one died in the attacks.[116]
Title V: Removing obstacles to investigating terrorism
It allows the U.S. Attorney General to pay rewards pursuant of advertisements for assistance to the Department of Justice to combat terrorism and prevent terrorist acts, though amounts over $US250,000 may not be made or offered without the personal approval of the Attorney General or President, and once the award is approved the Attorney General must give written notice to the Chairman and ranking minority members of the Committee on Appropriations and the Judiciary of the Senate and of the House of Representatives.[117] The State Department Basic Authorities Act of 1956 was amended to allow the Department of State to offer rewards, in consultation with the Attorney General, for the full or significant dismantling of any terrorist organization[118] and to identify any key leaders of terrorist organizations.[119] The Secretary of State was given authority to pay greater than $US5 million if he so determines it would prevent terrorist actions against the United States and Canada.[120] The DNA Analysis Backlog Elimination Act was amended to include terrorism or crimes of violence in the list of qualifying Federal offenses.[121] Another perceived obstacle was to allow Federal agencies to share information with Federal law enforcement agencies. Thus, the act now allows Federal officers who acquire information through electronic surveillance or physical searches to consult with Federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of a foreign power.[122]
Secret Service jurisdiction was extended to investigate computer fraud, access device frauds, false identification documents or devices, or any fraudulent activities against U.S. financial institutions.[123] The General Education Provisions Act was amended to allow the U.S. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism and which an educational agency or institution possesses. The Attorney General or Assistant Attorney General must “certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed].” An education institution that produces education records in response to such a request is given legal immunity from any liability that rises from such a production of records.[124]
One of the most controversial aspects of the USA PATRIOT Act is in title V, and relates to National Security Letters (NSLs). An NSL is a form of administrative subpoena used by the FBI, and reportedly by other U.S. government agencies including the CIA and the Department of Defense (DoD). It is a demand letter issued to a particular entity or organization to turn over various records and data pertaining to individuals. They require no probable cause or judicial oversight and also contain a gag order, preventing the recipient of the letter from disclosing that the letter was ever issued. Title V allowed the use of NSLs to be made by a Special Agent in charge of a Bureau field office, where previously only the Director or the Deputy Assistant Director of the FBI were able to certify such requests.[125] This provision of the Act was challenged by the ACLU on behalf of an unknown party against the U.S. government on the grounds that NSLs violate the First and Fourth Amendments of the U.S. Constitution because there is no way to legally oppose an NSL subpoena in court, and that it was unconstitutional not to allow a client to inform their Attorney as to the order because of the gag provision of the letters. The court’s judgement found in favour of the ACLU’s case, and they declared the law unconstitutional.[126] Later, the USA PATRIOT Act was reauthorized and amendments were made to specify a process of judicial review of NSLs and to allow the recipient of an NSL to disclose receipt of the letter to an attorney or others necessary to comply with or challenge the order.[127] However, in 2007 the U.S. District Court struck down even the reauthorized NSLs because the gag power was unconstitutional as courts could still not engage in meaningful judicial review of these gags.
Title VI: Victims and families of victims of terrorism
Title VI made amendments to the Victims of Crime Act of 1984 (VOCA) in order to make changes to how the U.S. Victims of Crime Fund was managed and funded. Changes were made to VOCA to improve the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers. Under the changes, payments must be made no later than 30 days after the officer is injured or killed in the line of duty.[128] The Assistant Attorney General was given expanded authority under section 614 of the USA PATRIOT Act to make grants to any organization that administers any Office of Justice Programs, which includes the Public Safety Officers Benefits Program.[129] Further changes to the Victims of Crime Fund increased the amount of money in the Fund, and changed the way that funds were distributed.[130] The amount available for grants made through the Crime Victim Fund to eligible crime victim compensation programs were increased from 40 percent to 60 percent of the total in the Fund. A program can provide compensation to U.S. citizens who were adversely affected overseas.Means testing was also waived for those who apply for compensation.[131] Under VOCA, the Director may make an annual grant from the Crime Victims Fund to support crime victim assistance programs. An amendment was made to VOCA to include offers of assistance to crime victims in the District of Columbia, theCommonwealth of Puerto Rico, the United States Virgin Islands, and any other U.S. territory.[132] VOCA also provides for compensation and assistance to victims of terrorism or mass violence.[133] This was amended to allow the Director to make supplemental grants to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non-governmental organizations that provide assistance to victims of crime. The funds could be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance for investigations and prosecutions of terrorism.[134]
Title VII: Increased information sharing for critical infrastructure protection
Title VII has one section. The purpose of this title is to increase the ability of U.S. law enforcement to counter terrorist activity that crosses jurisdictional boundaries. It does this by amending the Omnibus Crime Control and Safe Streets Act of 1968 to include terrorism as a criminal activity.
Title VIII alters the definitions of terrorism, and establishes or re-defines rules with which to deal with it. It redefined the term “domestic terrorism” to broadly include mass destruction as well as assassination or kidnapping as a terrorist activity. The definition also encompasses activities that are “dangerous to human life that are a violation of the criminal laws of the United States or of any State” and are intended to “intimidate or coerce a civilian population,” “influence the policy of a government by intimidation or coercion,” or are undertaken “to affect the conduct of a government by mass destruction, assassination, or kidnapping” while in the jurisdiction of the United States.[135] Terrorism is also included in the definition of racketeering.[136] Terms relating to cyber-terrorism are also redefined, including the term “protected computer,” “damage,” “conviction,” “person,” and “loss.”[137]
New penalties were created to convict those who attack mass transportation systems. If the offender committed such an attack while no passenger was on board, they are fined and imprisoned for a maximum of 20 years. However, if the activity was undertaken while the mass transportation vehicle or ferry was carrying a passenger at the time of the offense, or the offense resulted in the death of any person, then the punishment is a fine and life imprisonment.[138] The title amends the biological weapons statute to define the use of a biological agent, toxin, or delivery system as a weapon, other than when it is used for “prophylactic, protective,bona fide research, or other peaceful purposes.” Penalties for anyone who cannot prove reasonably that they are using a biological agent, toxin or delivery system for these purposes are 10 years imprisonment, a fine or both.[139]
A number of measures were introduced in an attempt to prevent and penalize activities that are deemed to support terrorism. It was made a crime to harbor or conceal terrorists, and those who do are subject to a fine or imprisonment of up to 10 years, or both.[140] U.S. forfeiture law was also amended to allow authorities to seize all foreign and domestic assets from any group or individual that is caught planning to commit acts of terrorism against the U.S. or U.S. citizens. Assets may also be seized if they have been acquired or maintained by an individual or organization for the purposes of further terrorist activities.[141] One section of the Act (section 805) prohibited “material support” for terrorists, and in particular included “expert advice or assistance.”[142] This was struck down as unconstitutional by aU.S. Federal Court after the Humanitarian Law Project filed a civil action against the U.S. government. The court found that it violated the First and Fifth Amendments to the United States Constitution and the provision was so vague it would cause a person of average intelligence to have to guess whether they were breaking the law, thus leading to a potential situation where a person was charged for an offense that they had no way of knowing was illegal. The court found that this could potentially have the effect of allowing arbitrary and discriminatory enforcement of the law, as well as possible chilling effects on First Amendment rights.[143][144] Congress later improved the law by defining the definitions of the “material support or resources,” “training,” and “expert advise or resources.”[145]
Cyberterrorism was dealt with in various ways. Penalties apply to those who either damage or gain unauthorized access to a protected computer and then commit a number of offenses. These offenses include causing a person to lose an aggregate amount greater than US$5,000, as well as adversely affecting someone’s medical examination, diagnosis or treatment. It also encompasses actions that cause a person to be injured, a threat to public health or safety, or damage to a governmental computer that is used as a tool to administer justice, national defense or national security. Also prohibited was extortion undertaken via a protected computer. The penalty for attempting to damage protected computers through the use of viruses or other software mechanism was set to imprisonment for up to 10 years, while the penalty for unauthorized access and subsequent damage to a protected computer was increased to more than five years imprisonment. However, should the offense occur a second time, the penalty increases up to 20 years imprisonment.[146] The act also specified the development and support of cybersecurity forensic capabilities. It directs the Attorney General to establish regional computer forensic laboratories that have the capability of performing forensic examinations of intercepted computer evidence relating to criminal activity and cyberterrorism, and that have the capability of training and educating Federal, State, and local law enforcement personnel and prosecutors in computer crime, and to “facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces.” The sum of $50,000,000 was authorized for establishing such labs.[147]
Title IX amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under FISA and to provide assistance to the United States Attorney General to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes.[148] With the exception of information that might jeopardize an ongoing law enforcement investigation, it was made a requirement that the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, disclose to the Director any foreign intelligence acquired by the U.S. Department of Justice. The Attorney General and Director of Central Intelligence were directed to develop procedures for the Attorney General to follow in order to inform the Director, in a timely manner, of any intention of investigating criminal activity of a foreign intelligence source or potential foreign intelligence source based on the intelligence tip-off of a member of the intelligence community. The Attorney General was also directed to develop procedures on how to best administer these matters.[149] International terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act.[150]
A number of reports were commissioned relating to various intelligence-related government centers. One was commissioned into the best way of setting up theNational Virtual Translation Center, with the goal of developing automated translation facilities to assist with the timely and accurate translation of foreign intelligence information for elements of the U.S. intelligence community.[151] The USA PATRIOT Act required this to be provided on February 1, 2002, however the report, entitled “Director of Central Intelligence Report on the National Virtual Translation Center: A Concept Plan to Enhance the Intelligence Community’s Foreign Language Capabilities, April 29, 2002” was received more than two months late, which the Senate Select Committee on Intelligence reported was “a delay which, in addition to contravening the explicit words of the statute, deprived the Committee of timely and valuable input into its efforts to craft this legislation.”[152] Another report was commissioned on the feasibility and desirability of reconfiguring the Foreign Terrorist Asset Tracking Center and the Office of Foreign Assets Control of the Department of the Treasury.[153] It was due by February 1, 2002 however, it was never written. The Senate Select Committee on Intelligence later complained that “[t]he Director of Central Intelligence and the Secretary of the Treasury failed to provide a report, this time in direct contravention of a section of the USA PATRIOT Act” and they further directed “that the statutorily-directed report be completed immediately, and that it should include a section describing the circumstances which led to the Director’s failure to comply with lawful reporting requirements.”[154]
Other measures allowed certain reports on intelligence and intelligence-related matters to be deferred until either February 1, 2002 or a date after February 1, 2002 if the official involved certified that preparation and submission on February 1, 2002, would impede the work of officers or employees engaged in counterterrorism activities. Any such deferral required congressional notification before it was authorized.[155] The Attorney General was charged with training officials in identifying and utilizing foreign intelligence information properly in the course of their duties. The government officials include those in the Federal Government who do not normally encounter or disseminate foreign intelligence in the performance of their duties, and State and local government officials who encounter, or potentially may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties.[156] A sense of Congress was expressed that officers and employees of the intelligence community should be encouraged to make every effort to establish and maintain intelligence relationships with any person, entity, or group while they conduct lawful intelligence activities.[150]
Title X created or altered a number of miscellaneous laws that did not really fit into the any other section of the USA PATRIOT Act. Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials.[157] The Inspector General of the Department of Justice was directed to appoint an official to monitor, review and report back to Congress all allegations of civil rights abuses against the DoJ.[158] It amended the definition of “electronic surveillance” to exclude the interception of communications done through or from a protected computer where the owner allows the interception, or is lawfully involved in an investigation.[159] Money laundering cases may now be brought in the district the money laundering was committed or where a money laundering transfer started from.[160] Aliens who committed money laundering were also prohibited from entering the U.S.[161] Grants were provided to first responders to assist them with responding to and preventing terrorism.[162] US$5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police inSouth and East Asia.[163] The Attorney General was directed to commission a study on the feasibility of using biometric identifiers to identify people as they attempt to enter the United States, and which would be connected to the FBI’s database to flag suspected criminals.[164] Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights.[165] The Department of Defense was given temporary authority to use their funding for private contracts for security purposes.[166] The last title also created a new Act called the Crimes Against Charitable Americans Act[167] which amended the Telemarketing and Consumer Fraud and Abuse Prevention Act to require telemarketers who call on behalf of charities to disclose the purpose and other information, including the name and mailing address of the charity the telemarketer is representing.[168] It also increased the penalties from one year imprisonment to five years imprisonment for those committing fraud by impersonating a Red Cross member.[169]
Reauthorizations
The USA PATRIOT Act was reauthorized by three bills. The first, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, was passed by both houses of Congress in July 2005. This bill reauthorized provisions of the USA PATRIOT Act and the Intelligence Reform and Terrorism Prevention Act of 2004. It created new provisions relating to the death penalty for terrorists,[170] enhancing security at seaports,[171] new measures to combat the financing of terrorism,[172]new powers for the Secret Service,[173] anti-methamphetamine initiatives[174] and a number of other miscellaneous provisions. The second reauthorization act, theUSA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, amended the first and was passed in February 2006.
The first act reauthorized all but two of the provisions of Title II that would have expired. Two sections were changed to sunset on December 31, 2009: section 206—the roving wiretap provision—and section 215, which allowed access to business records under FISA. Section 215 was amended further regardless so as to give greater judicial oversight and review. Such orders were also restricted to be authorized by only the FBI Director, the FBI Deputy Director, or the Executive Assistant Director for National Security, and minimization procedures were specified to limit the dissemination and collection of such information. Section 215 also had a “gag” provision, which was changed to allow the defendant to contact their Attorney.[175] However, the change also meant that the defendant was also made to tell the FBI who he (or she) was disclosing the order to—this requirement was removed by the USA PATRIOT Act Additional Reauthorizing Amendments Act.[176]
On Saturday, February 27, 2010, President Barack Obama signed into law legislation that would temporarily extend for one year three controversial provisions of the Patriot Act that had been set to expire:[177][178][179]
Authorize court-approved roving wiretaps that permit surveillance on multiple phones.
Allow court-approved seizure of records and property in anti-terrorism operations.
Permit surveillance against a so-called lone wolf, a non-U.S. citizen engaged in terrorism who may not be part of a recognized terrorist group.[180]
In a vote on February 8, 2011, the House of Representatives considered a further extension of the Act through the end of 2011.[181] House leadership moved the extension bill under suspension of the rules, which is intended for noncontroversial legislation and requires two-thirds majority to pass.[181] After the vote, the extension bill did not pass; 277 members voted in favor, which was less than the 290 votes needed to pass the bill under suspension of the rules.[181] Without an extension, the Act was set to expire on February 28, 2011. However, it eventually passed, 275-144.[182] The FISA Sunsets Extension Act of 2011 was signed into law February 25, 2011.
On May 26, 2011, President Barack Obama used an Autopen to sign the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act while he was in France:[2]roving wiretaps, searches of business records (the “library records provision“), and conducting surveillance of “lone wolves”—individuals suspected of terrorist-related activities not linked to terrorist groups.[3] Republican leaders[183] questioned if the use of the Autopen met the constitutional requirements for signing a bill into law.[184]
As NSL provisions of the USA PATRIOT Act had been struck by the courts[126] the reauthorization Act amended the law in an attempt to make them lawful. It provided for judicial review and the legal right of a recipient to challenge the validity of the letter. The reauthorization act still allowed NSLs to be closed and all evidence to be presented in camera and ex parte.[185] Gag provisions were maintained, but were not automatic. They only occurred when the Deputy Assistant Director of the FBI or a Special Agent in Charge in a Bureau field office certified that disclosure would result in “a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person”.[186] However, should there be no non-disclosure order, the defendant can disclose the fact of the NSL to anyone who can render them assistance in carrying out the letter, or to an attorney for legal advice. Again, however, the recipient was ordered to inform the FBI of such a disclosure.[186] Because of the concern over the chilling effects of such a requirement, the Additional Reauthorization Amendments Act removed the requirement to inform the FBI that the recipient spoke about the NSL to their Attorney.[187] Later, the Additional Reauthorization Amendments Act excluded libraries from receiving NSLs, except where they provide electronic communications services.[188] The reauthorization Act also ordered the Attorney General submit a report semi-annually to the House and Senate Judiciary Committees, the House and Senate Intelligence Committees and the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs on all NSL request made under the Fair Credit Reporting Act.[189]
Changes were made to the roving wiretap provisions of the USA PATRIOT Act. Applications and orders for such wiretaps must describe the specific target of the electronic surveillance if the identity of the target is not known. If the nature and location of each of the facilities or places targeted for surveillance is not known, then after 10 days the agency must provide notice to the court. The notice must include the nature and location of each new facility or place at which the electronic surveillance was directed. It must also describe the facts and circumstances relied upon by the applicant to justify the applicant’s belief that each new surveillance place or facility under surveillance is or was being used by the target of the surveillance. The applicant must also provide a statement detailing any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed. Applicants must detail the total number of electronic surveillances that have been or are being conducted under the authority of the order.[190]
Section 213 of the USA PATRIOT Act was modified. Previously it stated that delayed notifications would be made to recipients of “sneak and peek” searches in a “reasonable period”. This was seen as unreasonable, as it was undefined and could potentially be used indefinitely. Thus, the reauthorization act changed this to a period not exceeding 30 days after the date of the execution of the search warrant. Courts were given the opportunity to extend this period if they were provided good cause to do so. Section 213 states that delayed notifications could be issued if there is “reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result”. This was criticized, particularly by the ACLU, for allowing potential abuse by law enforcement agencies[191] and was later amended to prevent a delayed notification “if the adverse results consist only of unduly delaying a trial.”.[192] On September 26, 2007 the Sneak and Peak provisions of the USA PATRIOT ACT were struck down, however, by an Oregon US District Court in an opinion indicating the provisions gave too much power to the Executive in the face of the 4th Amendment.[193]
The reauthorization act also legislates increased congressional oversight for emergency disclosures by communication providers undertaken under section 212 of the USA PATRIOT Act.[194] The duration of FISA surveillance and physical search orders were increased. Surveillance performed against “lone wolf terrorists” under section 207 of the USA PATRIOT Act were increased to 120 days for an initial order, while pen registers and trap and trace device extensions under FISA were increased from 90 days to a year. The reauthorization act also increased congressional oversight, requiring a semi-annual report into physical searches and the use of pen registers and trap and trace devices under FISA.[195] The “lone wolf terrorist” provision (Section 207) was a sunset provision that also was to have expired, however this was enhanced by the Intelligence Reform and Terrorism Prevention Act of 2004. The reauthorization act extended the expiration date to December 31, 2009.[196] The amendment to material support law done in the Intelligence Reform and Terrorism Prevention Act[145] was also made permanent.[197] The definition of terrorism was further expanded to include receiving military-type training from a foreign terrorist organization and narcoterrorism.[198] Other provisions of the reauthorization act was to merge the law outlawing train wrecking (18 U.S.C.§ 992) and the law outlawing attacks on mass transportation systems (18 U.S.C.§ 1993) into a new section of Title 18 of the U.S. Code (18 U.S.C.§ 1992) and also to criminalize the act of planning a terrorist attack against a mass transport system.[199][200]Forfeiture law was further changed and now assets within U.S. jurisdiction will be seized for illegally trafficking in nuclear, chemical, biological or radiological weapons technology or material, if such offense is punishable under foreign law by death or imprisonment for a term exceeding one year. Alternatively, this applies if similar punishment would be so punishable if committed within the U.S.[201] A sense of Congress was further expressed that victims of terrorism should be entitled to the forfeited assets of terrorists.[202]
The USA PATRIOT Act has generated a great deal of controversy since its enactment.
Opponents of the Act have been quite vocal in asserting that it was passed opportunistically after the September 11 attacks, believing that there would have been little debate. They view the Act as one that was hurried through the Senate with little change before it was passed. (Senators Patrick Leahy and Russell Feingoldproposed amendments to modify the final revision.)[15][203][204]
The sheer magnitude of the Act itself was noted by Michael Moore in his controversial film Fahrenheit 9/11. In one of the scenes of the movie, he records Congressman Jim McDermott alleging that no Senator had read the bill[205] and John Conyers, Jr. as saying, “We don’t read most of the bills. Do you really know what that would entail if we read every bill that we passed?” Congressman Conyers then answers his own rhetorical question, asserting that if they did it would “slow down the legislative process”.[206] As a dramatic device, Moore then hired an ice-cream van and drove around Washington, D.C. with a loud speaker, reading out the Act to puzzled passers-by, which included a few Senators.[207]
However, Moore was not the only commentator to notice that not many people had read the Act. When Dahlia Lithwick and Julia Turne for Slate asked, “How bad is PATRIOT, anyway?”, they decided that it was “hard to tell” and stated:
The ACLU, in a new fact sheet challenging the DOJ Web site, wants you to believe that the act threatens our most basic civil liberties. Ashcroft and his roadies call the changes in law “modest and incremental.” Since almost nobody has read the legislation, much of what we think we know about it comes third-hand and spun. Both advocates and opponents are guilty of fear-mongering and distortion in some instances.[208]
One prime example of a controversy of the Patriot Act is shown in the case of Susan Lindauer.
Another is the recent court case United States v. Antoine Jones. A nightclub owner was linked to a drug trafficking stash house via a law enforcement GPS tracking device attached to his car. It was placed there without a warrant, which caused a serious conviction obstacle for federal prosecutors in court. Through the years the case rose all the way to the United States Supreme Court where the conviction was overturned in favor of the defendant. The court found that increased monitoring of suspects caused by such legislation like the Patriot Act directly put the suspects’ Constitutional rights in jeopardy.
The Electronic Privacy Information Center (EPIC) has criticized the law as unconstitutional, especially when “the private communications of law-abiding American citizens might be intercepted incidentally”,[209] while the Electronic Frontier Foundation held that the lower standard applied to wiretaps “gives the FBI a ‘blank check’ to violate the communications privacy of countless innocent Americans”.[48] Others do not find the roving wiretap legislation to be as concerning. Professor David D. Cole of the Georgetown University Law Center, a critic of many of the provisions of the Act, found that though they come at a cost to privacy are a sensible measure[210] while Paul Rosenzweig, a Senior Legal Research Fellow in the Center for Legal and Judicial Studies at the Heritage Foundation, argues that roving wiretaps are just a response to rapidly changing communication technology that is not necessarily fixed to a specific location or device.[211]
The Act also allows access to voicemail through a search warrant rather than through a title III wiretap order.[212] James Dempsey, of the CDT, believes that it unnecessarily overlooks the importance of notice under the Fourth Amendment and under a Title III wiretap,[213] and the EFF criticizes the provision’s lack of notice. However, the EFF’s criticism is more extensive—they believe that the amendment “is in possible violation of the Fourth Amendment to the U.S. Constitution” because previously if the FBI listened to voicemail illegally, it could not use the messages in evidence against the defendant.[214] Others disagree with these assessments. Professor Orin Kerr, of the George Washington University school of law, believes that the ECPA “adopted a rather strange rule to regulate voicemail stored with service providers” because “under ECPA, if the government knew that there was one copy of an unopened private message in a person’s bedroom and another copy on their remotely stored voicemail, it was illegal for the FBI to simply obtain the voicemail; the law actually compelled the police to invade the home and rifle through peoples’ bedrooms so as not to disturb the more private voicemail.” In Professor Kerr’s opinion, this made little sense and the amendment that was made by the USA PATRIOT Act was reasonable and sensible.[215][216]
The USA PATRIOT Act’s expansion of court jurisdiction to allow the nationwide service of search warrants proved controversial for the EFF.[217] They believe that agencies will be able to “‘shop’ for judges that have demonstrated a strong bias toward law enforcement with regard to search warrants, using only those judges least likely to say no—even if the warrant doesn’t satisfy the strict requirements of the Fourth Amendment to the Constitution”,[218] and that it reduces the likelihood that smaller ISPs or phone companies will try to protect the privacy of their clients by challenging the warrant in court—their reasoning is that “a small San Francisco ISP served with such a warrant is unlikely to have the resources to appear before the New York court that issued it.”[218] They believe that this is bad because only the communications provider will be able to challenge the warrant as only they will know about it—many warrants are issued ex parte, which means that the target of the order is not present when the order is issued.[218]
For a time, the USA PATRIOT Act allowed for agents to undertake “sneak and peek” searches.[43] Critics such as EPIC and the ACLU strongly criticized the law for violating the Fourth Amendment,[219] with the ACLU going so far as to release an advertisement condemning it and calling for it to be repealed.[220][221]
However supporters of the amendment, such as Heather Mac Donald, a fellow at the Manhattan Institute and contributing editor to the New York City Journal, expressed the belief that it was necessary because the temporary delay in notification of a search order stops terrorists from tipping off counterparts who are being investigated.[222]
In 2004, FBI agents used this provision to search and secretly examine the home of Brandon Mayfield, who was wrongfully jailed for two weeks on suspicion of involvement in the Madrid train bombings. While the U.S. Government did publicly apologize to Mayfield and his family,[223] Mayfield took it further through the courts. On September 26, 2007, Judge Ann Aiken found the law was, in fact, unconstitutional as the search was an unreasonable imposition on Mayfield and thus violated the Fourth Amendment.[44][45]
Laws governing the material support of terrorism proved contentious. It was criticized by the EFF for infringement of freedom of association. The EFF argues that had this law been enacted during Apartheid, U.S. citizens would not have been able to support the African National Congress (ANC) as the EFF believe the ANC would have been classed as a terrorist organization. They also used the example of a humanitarian social worker being unable to train Hamas members how to care for civilian children orphaned in the conflict between Israelis and Palestinians, a lawyer being unable to teach IRA members about international law, and peace workers being unable to offer training in effective peace negotiations or how to petition the United Nations regarding human rights abuses.[224]
Another group, the Humanitarian Law Project, also objected to the provision prohibiting “expert advise and assistance” to terrorists and filed a suit against the U.S. government to have it declared unconstitutional. They succeeded, and a Federal Court found that the law was vague enough to cause a reasonable person to guess whether they were breaking the law or not. Thus they found it violated the First Amendment rights of U.S. citizens, and struck it down.[143][144]
Perhaps one of the biggest controversies involved the use of NSLs by the FBI. Because they allow the FBI to search telephone, email, and financial records without a court order, they were criticized by many parties.[225][226][227][228] In November 2005, BusinessWeek reported that the FBI had issued tens of thousands of NSLs and had obtained one million financial, credit, employment, and in some cases, health records from the customers of targeted Las Vegas businesses. Selected businesses included casinos, storage warehouses and car rental agencies. An anonymous Justice official claimed that such requests were permitted under section 505 of the USA PATRIOT Act and despite the volume of requests insisted “We are not inclined to ask courts to endorse fishing expeditions”.[229] Before this was revealed, however, the ACLU challenged the constitutionality of NSLs in court. In April 2004, they filed suit against the government on behalf of an unknown Internet Service Provider who had been issued an NSL, for reasons unknown. In ACLU v. DoJ, the ACLU argued that the NSL violated the First and Fourth Amendments of the U.S. Constitution because the USA PATRIOT Act failed to spell out any legal process whereby a telephone or Internet company could try to oppose an NSL subpoena in court. The court agreed, and found that because the recipient of the subpoena could not challenge it in court it was unconstitutional.[126] Congress later tried to remedy this in a reauthorization Act, but because they did not remove the non-disclosure provision a Federal court again found NSLs to be unconstitutional because they prevented courts from engaging in meaningful judicial review.[230][231][232]
Another provision of the USA PATRIOT Act has caused a great deal of consternation amongst librarians. Section 215 allows the FBI to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. Among the “tangible things” that could be targeted, it includes “books, records, papers, documents, and other items”.[49]
Supporters of the provision point out that these records are held by third parties, and therefore are exempt from a citizen’s reasonable expectations of privacy and also maintain that the FBI has not abused the provision.[233] As proof, then Attorney General John Ashcroft released information in 2003 that showed that section 215 orders had never been used.[234]
However, despite protestations to the contrary, the American Library Association strongly objected to the provision, believing that library records are fundamentally different from ordinary business records, and that the provision would have a chilling effect on free speech. The association became so concerned that they formed a resolution condemning the USA PATRIOT Act, and which urged members to defend free speech and protect patrons’ privacy.[235]
They urged librarians to seek legal advice before complying with a search order and advised their members to only keeping records for as long as was legally needed.[236]
Consequently, reports started filtering in that librarians were shredding records to avoid having to comply with such orders.[237][238][239]
In 2005, Library Connection, a nonprofit consortium of 27 libraries in Connecticut, known as the Connecticut Four worked with the ACLU to lift a gag order for library records, challenging the government’s power under Section 505 to silence four citizens who wished to contribute to public debate on the PATRIOT Act. This case became known as Doe v. Gonzales. In May 2006, the government finally gave up its legal battle to maintain the gag order. In a summary of the actions of the Connecticut Four and their challenge to the USA PATRIOT Act, Jones (2009: 223) notes: “Librarians need to understand their country’s legal balance between the protection of freedom of expression and the protection of national security. Many librarians believe that the interests of national security, important as they are, have become an excuse for chilling the freedom to read.”[240]
Another controversial aspect of the USA PATRIOT Act is the immigration provisions that allow for the indefinite detention of any alien who the Attorney General believes may cause a terrorist act.[109] Before the USA PATRIOT Act was passed, Anita Ramasastry, an associate professor of law and a director of the Shidler Center for Law, Commerce, & Technology at the University of Washington School of Law in Seattle, Washington, accused the Act of depriving basic rights for immigrants to America, including legal permanent residents. She warned that “Indefinite detention upon secret evidence—which the USA PATRIOT Act allows—sounds more like Taliban justice than ours. Our claim that we are attempting to build an international coalition against terrorism will be severely undermined if we pass legislation allowing even citizens of our allies to be incarcerated without basic U.S. guarantees of fairness and justice.”[241] Many other parties have also been strongly critical of the provision. Russell Feingold, in a Senate floor statement, claimed that the provision “falls short of meeting even basic constitutional standards of due process and fairness [as it] continues to allow the Attorney General to detain persons based on mere suspicion”.[242] The University of California passed a resolution condemning (amongst other things) the indefinite detention provisions of the Act,[243] while the ACLU has accused the Act of giving the Attorney General “unprecedented new power to determine the fate of immigrants … Worse, if the foreigner does not have a country that will accept them, they can be detained indefinitely without trial.”[244]
Another controversial aspect of the USA PATRIOT Act is its effect on the privacy of Canadians living in the province of British Columbia (B.C.). British Columbia’s privacy commissioner raises concerns that the USA PATRIOT Act will allow the United States government to access Canadians’ private information, such as personal medical records, that are outsourced to American companies. Although the government of B.C. has taken measures to prevent United States authorities from obtaining information, the widespread powers of the USA PATRIOT Act could overcome legislation that is passed in Canada.[245] B.C. Privacy Commissioner David Loukidelis stated in a report on the consequences of the USA PATRIOT Act, “once information is sent across borders, it’s difficult, if not impossible, to control”.[246]
In an effort to maintain their privacy, British Columbia placed amendments on the Freedom of Information and Protection of Privacy Act (FOIPPA), which was enacted as law on October 21, 2004. These amendments aim to place more firm limitations on “storing, accessing, and disclosing of B.C. public sector data by service providers.”[247] These laws only pertain to public sector data and do not cover trans-border or private sector data in Canada. The public sector establishments include an estimated 2,000 “government ministries, hospitals, boards of health, universities and colleges, school boards, municipal governments and certain Crown corporations and agencies.”[247] In response to these laws, many companies are now specifically opting to host their sensitive data outside the United States.[248]
Legal action has been taken in Nova Scotia to protect the province from the USA PATRIOT Act’s data collecting methods. On November 15, 2007 the government of Nova Scotia passed a legislation aimed to protect Nova Scotians’ personal information from being brought forward by the USA PATRIOT Act. The act was entitled “The new Personal Information International Disclosure Protection Act”. The goal of the act is to establish requirements to protect personal information from being revealed, as well as punishments for failing to do so. Justice Minister Murray Scott stated, “This legislation will help ensure that Nova Scotians’ personal information will be protected. The act outlines the responsibilities of public bodies, municipalities and service providers and the consequences if these responsibilities are not fulfilled.”[216][249] In the 1980s, the Bank of Nova Scotia was the center of an early, pre-Internet data-access case that led to the disclosure of banking records.[citation needed]
After suspected abuses of the USA PATRIOT Act were brought to light in June 2013 with articles about collection of American call records by the NSA and thePRISM program (see 2013 mass surveillance disclosures), Representative Jim Sensenbrenner, Republican of Wisconsin, who introduced the Patriot Act in 2001, said that the National Security Agency overstepped its bounds.[250] He released a statement saying “While I believe the Patriot Act appropriately balanced national security concerns and civil rights, I have always worried about potential abuses.” He added: “Seizing phone records of millions of innocent people is excessive and un-American.”[250][251]
The ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions. Private intrusions not acting in the color of governmental authority are exempted from the Fourth Amendment.
A seizure of a person, within the meaning of the Fourth Amendment, occurs when the police’s conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.
Two elements must be present to constitute a seizure of a person. First, there must be a show of authority by the police officer. Presence of handcuffs or weapons, the use of forceful language, and physical contact are each strong indicators of authority. Second, the person being seized must submit to the authority. An individual who ignores the officer’s request and walks away has not been seized for Fourth Amendmentpurposes.
An arrest warrant is preferred but not required to make a lawful arrest under the Fourth Amendment. Awarrantlessarrest may be justified where probable cause and urgent need are present prior to the arrest. Probable cause is present when the police officer has a reasonable belief in the guilt of the suspect based on the facts and information prior to the arrest. For instance, a warrantlessarrest may be legitimate in situations where a police officer has a probable belief that a suspect has either committed a crime or is a threat to the public security. Also, a police officer might arrest a suspect to prevent the suspect’s escape or to preserve evidence. A warrantlessarrest may be invalidated if the police officer fails to demonstrate exigent circumstances.
There are investigatory stops that fall short of arrests, but nonetheless, they fall within Fourth Amendment protection. For instance, police officers can perform a terry stop or a traffic stop. Usually, these stops provide officers with less dominion and controlling power and impose less of an infringement of personal liberty for individual stopped. Investigatory stops must be temporary questioning for limited purposes and conducted in a manner necessary to fulfill the purpose.
An officer’s reasonable suspicion is sufficient to justify brief stops and detentions. To determine if the officer has met the standard to justify the seizure, the court takes into account the totality of the circumstances and examines whether the officer has a particularized and reasonable belief for suspecting the wrongdoing. Probable cause gained during stops or detentions might effectuate a subsequent warrantlessarrest.
The warrant requirement may be excused in exigent circumstances if an officer has probable cause and obtaining a warrant is impractical. For instance, in State v. Helmbright 990 N.E.2d 154, Ohio court held that a warrantlesssearch of probationer’s person or place of residence complies with the Fourth Amendment if the officer who conducts the search possesses “reasonable grounds” to believe that the probationer has failed to comply with the terms of his probation.
There is no general exception to the Fourth Amendmentwarrant requirement in national security cases. Warrantlesssearches are generally not permitted in exclusively domestic security cases. In foreign security cases, court opinions might differ on whether to accept the foreign security exception to warrant requirement generally and, if accepted, whether the exception should include both physical searches and electronic surveillance.
In cases of warrantlesssearches and seizures, the court will try to balance the degree of intrusion on the individual’s right to privacy and the need to promote government interests and special needs. The court will examine the totality of the circumstances to determine if the search or seizure was justified. When analyzing the reasonableness standard, the court uses an objective assessment and considers factors including the degree of intrusion by the search or seizure and the manner in which the search or seizure is conducted. V. EXCLUSIONARY RULE
Under the exclusionary rule, any evidence obtained in violation of the Fourth Amendment will be excluded from criminal proceedings. There are a few exceptions to this rule.
VI. ELECTRONIC SURVEILLANCE
In recent years, the Fourth Amendment‘s applicability in electronic searches and seizures has received much attention from the courts. With the advent of the internet and increased popularity of computers, there has been an increasing amount of crime occurring electronically. Consequently, evidence of such crime can often be found on computers, hard drives, or other electronic devices. The Fourth Amendment applies to the search and seizure of electronic devices.
Many electronic search cases involve whether law enforcement can search a company-owned computer that an employee uses to conduct business. Although the case law is split, the majority holds that employees do not have a legitimate expectation of privacy with regard to information stored on a company-owned computer. In the 2010 case of City of Ontario v. Quon (08-1332), the Supreme Court extended this lack of an expectation of privacy to text messages sent and received on an employer-owned pager.
Following the September 11, 2001 attacks on the World Trade Center and the Pentagon, Congress and the President enacted legislation to strengthen the intelligence gathering community’s ability to combat domestic terrorism. Entitled the USA Patriot Act, the legislation’s provisions aimed to increase the ability of law enforcement to search email and telephonic communications in addition to medical, financial, and library records.
One provision permits law enforcement to obtain access to stored voicemails by obtaining a basic search warrant rather than a surveillance warrant. Obtaining a basic search warrant requires a much lower evidentiary showing. A highly controversial provision of the Act includes permission for law enforcement to use sneak-and-peak warrants. A sneak-and-peak warrant is a warrant in which law enforcement can delay notifying the property owner about the warrant’s issuance. In an Oregon federal district court case that drew national attention, Judge Ann Aiken struck down the use of sneak-and-peak warrants as unconstitutional and in violation of the Fourth Amendment. See 504 F.Supp.2d 1023 (D. Or. 2007).
The Patriot Act also expanded the practice of using National Security Letters (NSL). An NSL is an administrative subpoena that requires certain persons, groups, organizations, or companies to provide documents about certain persons. These documents typically involve telephone, email, and financial records. NSLs also carry a gag order, meaning the person or persons responsible for complying cannot mention the existence of the NSL. Under the Patriot Act provisions, law enforcement can use NSLs when investigating U.S. citizens, even when law enforcement does not think the individual under investigation has committed a crime. The Department of Homeland Security has used NSLs frequently since its inception. By using an NSL, an agency has no responsibility to first obtain a warrant or court order before conducting its search of records.
Story 1: First Official Explosive Documentation From Defense Intelligence Agency (DIA) — Profiles in Deceit — Obama And Clinton Lying To The Families That Died in Benghazi and The American People — Why? Coverup of CIA Covert Operation Including Supervision of Arms Shipments Through Third Party Cutout To Syrian Rebels Including Al Qaeda and Islamic Jihadist Terrorists (Now Islamic State) And Win Second Term For Obama and First Term For Hillary Clinton — Both Incompetent and Untrustworthy Leftist Liars — Impeach Obama Now! — Videos
Defense Intelligence Agency (DIA), dated September 12, 2012, the day after the Benghazi attack
The attack was planned ten or more days prior on approximately 01 September 2012. The intention was to attack the consulate and to kill as many Americans as possible to seek revenge for U.S. killing of Aboyahiye ((ALALIBY)) in Pakistan and in memorial of the 11 September 2001 atacks on the World Trade Center buildings.
Weapons from the former Libya military stockpiles were shipped from the port of Benghazi, Libya to the Port of Banias and the Port of Borj Islam, Syria. The weapons shipped during late-August 2012 were Sniper rifles, RPG’s, and 125 mm and 155mm howitzers missiles.
During the immediate aftermath of, and following the uncertainty caused by, the downfall of the ((Qaddafi)) regime in October 2011 and up until early September of 2012, weapons from the former Libya military stockpiles located in Benghazi, Libya were shipped from the port of Benghazi, Libya to the ports of Banias and the Port of Borj Islam, Syria. The Syrian ports were chosen due to the small amount of cargo traffic transiting these two ports. The ships used to transport the weapons were medium-sized and able to hold 10 or less shipping containers of cargo.
The weapons shipped from Syria during late-August 2012 were Sniper rifles, RPG’s and 125mm and 155mm howitzers missiles. The numbers for each weapon were estimated to be: 500 Sniper rifles, 100 RPG launchers with 300 total rounds, and approximately 400 howitzers missiles [200 ea – 125mm and 200ea – 155 mm.]
The deterioration of the situation has dire consequences on the Iraqi situation and are as follows:
This creates the ideal atmosphere for AQI [al Qaeda Iraq] to return to its old pockets in Mosul and Ramadi, and will provide a renewed momentum under the presumption of unifying the jihad among Sunni Iraq and Syria, and the rest of the Sunnis in the Arab world against what it considers one enemy, the dissenters. ISI could also declare an Islamic state through its union with other terrorist organizations in Iraq and Syria, which will create grave danger in regards to unifying Iraq and the protection of its territory.
US Intel knew about weapons going from Benghazi to Syria
Daily News Collective For May 19, 2015
Hillary Clinton Fires Back Over Benghazi Select Committee On The Record
Hillary’s Benghazi Lies Exposed!
Hillary Clinton feigned ignorance when she was questioned about the Benghazi gun-running program by Senator Rand Paul in January 2013.
However, explosive new documents obtained by Judicial Watch prove conclusively that US intelligence agencies were fully aware weapons were being transferred from Libya to Syria before the attack.
That’s not the only Benghazi fact given the spin by the Obama Administration.
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Military intel predicted rise of ISIS in 2012, detailed arms shipments from Benghazi to Syria
Rep. Mike Pompeo Discusses 13 Hours At Benghazi
(FULL) 13 Hours in Benghazi: Fox News Special Report
Benghazi: The Truth Behind the Smokescreen
Herridge: Fmr. CIA Director Morell May Have Altered Benghazi Talking Points to Benefit Obama Admin
The Truth About How The US Will Save Syria
CNN Benghazi Claims: Report alleges CIA operatives in Libya were sending weapons to Syrian rebels
Retired Lt Gen Jerry Boykin suspects US Was Running Guns To Syrian Rebels Via Benghazi
SYRIA CNBC: Benghazi Is Not About Libya But An Operation To Put Arms & Men In Syria
Former CIA Spy: Benghazi Was CIA Operation
Benghazi Bombshell: Insiders Confirm CIA Sent Missiles to FSA Rebels
Judge Jeanine Pirro Opening Statement President Obama’s Benghazi Attack Claims
Judicial Watch: Defense, State Department Documents Reveal Obama Administration Knew that al Qaeda Terrorists Had Planned Benghazi Attack 10 Days in Advance
Administration knew three months before the November 2012 presidential election of ISIS plans to establish a caliphate in Iraq
Administration knew of arms being shipped from Benghazi to Syria
(Washington, DC) – Judicial Watch announced today that it obtained more than 100 pages of previously classified “Secret” documents from the Department of Defense (DOD)and the Department of State revealing that DOD almost immediately reported that the attack on the U.S. Consulate in Benghazi was committed by the al Qaeda and Muslim Brotherhood-linked “Brigades of the Captive Omar Abdul Rahman” (BCOAR), and had been planned at least 10 days in advance. Rahman is known as the Blind Sheikh, and is serving life in prison for his involvement in the 1993 World Trade Center bombing and other terrorist acts. The new documents also provide the first official confirmation that shows the U.S. government was aware of arms shipments from Benghazi to Syria. The documents also include an August 2012 analysis warning of the rise of ISIS and the predicted failure of the Obama policy of regime change in Syria.
The documents were released in response to a court order in accordance with a May 15, 2014, Freedom of Information Act (FOIA) lawsuit filed against both the DOD and State Department seeking communications between the two agencies and congressional leaders “on matters related to the activities of any agency or department of the U.S. government at the Special Mission Compound and/or classified annex in Benghazi.”
Spelling and punctuation is duplicated in this release without corrections.
A Defense Department document from the Defense Intelligence Agency (DIA), dated September 12, 2012, the day after the Benghazi attack, details that the attack on the compound had been carefully planned by the BOCAR terrorist group “to kill as many Americans as possible.” The document was sent to then-Secretary of State Hillary Clinton, then-Defense Secretary Leon Panetta, the Joint Chiefs of Staff and the Obama White House National Security Council. The heavily redacted Defense Department “information report” says that the attack on the Benghazi facility “was planned and executed by The Brigades of the Captive Omar Abdul Rahman (BCOAR).” The group subscribes to “AQ ideologies:”
The attack was planned ten or more days prior on approximately 01 September 2012. The intention was to attack the consulate and to kill as many Americans as possible to seek revenge for U.S. killing of Aboyahiye ((ALALIBY)) in Pakistan and in memorial of the 11 September 2001 atacks on the World Trade Center buildings.
“A violent radical,” the DIA report says, is “the leader of BCOAR is Abdul Baset ((AZUZ)), AZUZ was sent by ((ZAWARI)) to set up Al Qaeda (AQ) bases in Libya.” The group’s headquarters was set up with the approval of a “member of the Muslim brother hood movement…where they have large caches of weapons. Some of these caches are disguised by feeding troughs for livestock. They have SA-7 and SA-23/4 MANPADS…they train almost every day focusing on religious lessons and scriptures including three lessons a day of jihadist ideology.”
The Defense Department reported the group maintained written documents, in “a small rectangular room, approximately 12 meters by 6 meters…that contain information on all of the AQ activity in Libya.”
(Azuz is again blamed for the Benghazi attack in an October 2012 DIA document.)
The DOD documents also contain the first official documentation that the Obama administration knew that weapons were being shipped from the Port of Benghazi to rebel troops in Syria. An October 2012 report confirms:
Weapons from the former Libya military stockpiles were shipped from the port of Benghazi, Libya to the Port of Banias and the Port of Borj Islam, Syria. The weapons shipped during late-August 2012 were Sniper rifles, RPG’s, and 125 mm and 155mm howitzers missiles.
During the immediate aftermath of, and following the uncertainty caused by, the downfall of the ((Qaddafi)) regime in October 2011 and up until early September of 2012, weapons from the former Libya military stockpiles located in Benghazi, Libya were shipped from the port of Benghazi, Libya to the ports of Banias and the Port of Borj Islam, Syria. The Syrian ports were chosen due to the small amount of cargo traffic transiting these two ports. The ships used to transport the weapons were medium-sized and able to hold 10 or less shipping containers of cargo.
The DIA document further details:
The weapons shipped from Syria during late-August 2012 were Sniper rifles, RPG’s and 125mm and 155mm howitzers missiles. The numbers for each weapon were estimated to be: 500 Sniper rifles, 100 RPG launchers with 300 total rounds, and approximately 400 howitzers missiles [200 ea – 125mm and 200ea – 155 mm.]
The heavily redacted document does not disclose who was shipping the weapons.
Another DIA report, written in August 2012 (the same time period the U.S. was monitoring weapons flows from Libya to Syria), said that the opposition in Syria was driven by al Qaeda and other extremist Muslim groups: “the Salafist, the Muslim Brotherhood, and AQI are the major forces driving the insurgency in Syria.” The growing sectarian direction of the war was predicted to have dire consequences for Iraq, which included the “grave danger” of the rise of ISIS:
The deterioration of the situation has dire consequences on the Iraqi situation and are as follows:
This creates the ideal atmosphere for AQI [al Qaeda Iraq] to return to its old pockets in Mosul and Ramadi, and will provide a renewed momentum under the presumption of unifying the jihad among Sunni Iraq and Syria, and the rest of the Sunnis in the Arab world against what it considers one enemy, the dissenters. ISI could also declare an Islamic state through its union with other terrorist organizations in Iraq and Syria, which will create grave danger in regards to unifying Iraq and the protection of its territory.
Some of the “dire consequences” are blacked out but the DIA presciently warned one such consequence would be the “renewing facilitation of terrorist elements from all over the Arab world entering into Iraqi Arena.”
From a separate lawsuit, the State Department produced a document created the morning after the Benghazi attack by Hillary Clinton’s offices, and the Operations Center in the Office of the Executive Secretariat that was sent widely through the agency, including to Joseph McManus (then-Hillary Clinton’s executive assistant). At 6:00 am, a few hours after the attack, the top office of the State Department sent a “spot report” on the “Attack on U.S. Diplomatic Mission in Benghazi” that makes no mention of videos or demonstrations:
Four COM personnel were killed and three were wounded in an attack by dozens of fighters on the U.S. Diplomatic Mission in Benghazi beginning approximately 1550 Eastern Time….
The State Department has yet to turn over any documents from the secret email accounts of Hillary Clinton and other top State Department officials.
“These documents are jaw-dropping. No wonder we had to file more FOIA lawsuits and wait over two years for them. If the American people had known the truth – that Barack Obama, Hillary Clinton and other top administration officials knew that the Benghazi attack was an al-Qaeda terrorist attack from the get-go – and yet lied and covered this fact up – Mitt Romney might very well be president. And why would the Obama administration continue to support the Muslim Brotherhood even after it knew it was tied to the Benghazi terrorist attack and to al Qaeda? These documents also point to connection between the collapse in Libya and the ISIS war – and confirm that the U.S. knew remarkable details about the transfer of arms from Benghazi to Syrian jihadists,” stated Tom Fitton, Judicial Watch president. “These documents show that the Benghazi cover-up has continued for years and is only unraveling through our independent lawsuits. The Benghazi scandal just got a whole lot worse for Barack Obama and Hillary Clinton.”
In fact, she’s had a series of bad days since she announced her presidential bid April 12. But Monday was the worst of them.
In a bombshell report, the New York Times reported that Clinton, as secretary of state, used her private email to share private intelligence reports from noted conspiracy theorist and political hitman Sidney Blumenthal, at a time when Blumenthal was being paid by the Clinton Foundation and liberal political organizations that helped lay the groundwork for Clinton’s presidential campaign.
The emails included reports on Libya at a time when Blumenthal was seeking business in the country and included dubious information. The Times reported that Clinton nonetheless “took Mr. Blumenthal’s advice seriously” and “continued to pass around his emails even after other senior diplomats concluded that Mr. Blumenthal’s assessments were often unreliable.”
A second story about Clinton and Libya broke the same day, this one casting further doubt on the Obama administration’s narrative about the attacks on U.S. facilities in Benghazi on September 11, 2012, and specifically on claims Clinton made about nature of those attacks and motivations of the attackers. An intelligence report prepared by the Defense Intelligence Agency and sent to Clinton and other senior administration officials on September 12, 2012, just one day after the attacks, concluded that the attack “was planned ten or more days” in advance and was meant to “kill as many Americans as possible.” The report identifies al Qaeda-linked terrorists believed to have been involved in the assault.
Despite this, the Obama administration crafted a public narrative that the attack had evolved from a “spontaneous” protest over a YouTube video and included a wide range of individuals. Clinton cited the video in remarks at a memorial service on September 14, 2012, for those killed in the attacks. She told members of the victims’ families that the administration would bring to justice those responsible for the video. The DIA report and several other Benghazi-related documents were released to Judicial Watch pursuant to a court order in response to a FOIA request.
The DIA report further undermines the administration’s already-tattered claims that its public case was based on intelligence assessments. Emails released in response to a previous Judicial Watch requestshowed that the White House had drafted a set of political talking points that sought to blame the video and not administration policy.
That the DIA report was not released as a result of any previous Benghazi investigations raises additional questions about the administration’s unwillingness to turn over documents related to the attacks and how comprehensive those previous investigations have been. Many of the revelations that have undermined administration claims about Benghazi have come outside of the regular congressional oversight efforts, in part because of the administration’s disinclination to cooperate and in part because of the half-hearted inquiries led by the committees of jurisdiction.
Administration defenders and many in the media claimed that an additional investigation of Benghazi would be unnecessary because of these previous efforts. But these recent revelations validate the decision of House speaker John Boehner to create a select committee and make clear that there is still much more to learn. The State Department only recently turned over documents related to the State Department’s Administrative Review Board examination of Benghazi. The House Oversight Committee first requested those documents more than two years ago – on January 28, 2013. The Benghazi Select Committee is still waiting for reams of documents from the White House, the Pentagon, and the State Department.
Beyond that, of course, are questions about emails and documents that the public may never see because Hillary Clinton used private emails to circumvent the record retention requirements of the U.S. government. The committee is examining all options in its attempt to find or recover those discarded emails.
It has been nearly a month since Hillary Clinton took questions from the media. And with the growing stench of scandal it’s likely that she’ll continue to seek to avoid circumstances that might require her to provide answers. That’s a short-term solution to a long-term problem. And even a media that is ideologically sympathetic is showing signs of frustration with her games.
Story 1: 3 Criminal Biker Gangs aka Outlaw Motorcycle Gangs (OMGSs) in Waco, Texas Kill 9 and Islamic State Takes Back Ramadi, Iraq — U.S. Army’s Delta force kills senior ISIS commander — Videos
Outlaw Motorcycle Gangs (OMGs) are organizations whose members use their motorcycle clubs as conduits for criminal enterprises. OMGs are highly structured criminal organizations whose members engage in criminal activities such as violent crime, weapons trafficking, and drug trafficking. There are more than 300 active OMGs within the United States, ranging in size from single chapters with five or six members to hundreds of chapters with thousands of members worldwide. The Hells Angels, Mongols, Bandidos, Outlaws, and Sons of Silence pose a serious national domestic threat and conduct the majority of criminal activity linked to OMGs, especially activity relating to drug-trafficking and, more specifically, to cross-border drug smuggling. Because of their transnational scope, these OMGs are able to coordinate drug smuggling operations in partnership with major international drug-trafficking
9 Dead in Waco Biker Gang Shooting 18 Injured 5-17-15
Biker brawl breaks out at Waco restaurant
Waco Biker Gang Shooting. 9 Dead At Waco Shooting Twin Peaks
Waco Shooting Updates — Ten people killed in Waco, Texas biker gang shooting
[AERIAL FOOTAGE] Biker Gang Shootout Waco, Texas – 17 May 2015
( ORIGINAL FOOTAGE ) Waco Texas Shooting 9 biker gangs Dead In Waco Texas
9 dead in Texas biker brawl
Gunfire erupted Sunday among rival biker gangs in Waco, Texas, leaving at least nine people dead, according to police.
Authorities had anticipated trouble and pre-positioned officers.
“There were at least three rival gang groups here this morning for whatever reason. As they were here, we had officers on scene. We expected issues,” said Sgt. W. Patrick Swanton, a police spokesman. He later said there were at least five gangs.
The fight broke out at Twin Peaks restaurant and spilled into the parking lot. It quickly escalated from hands and feet, as weapons, to gunfire, Swanton said.
“In my nearly 35 years of law enforcement experience,” he said, “this is the most violent and gruesome scene that I have dealt with.”
Bikers shot at each other and at officers, who returned fire.
Swanton expressed anger at Twin Peaks, which he claims had been less than helpful in dealing with gangs in the past. He declined to identify the specific groups involved in Sunday’s shooting.
“Are we frustrated? Sure. Because we feel like there may have been more that could have been done by a business to prevent this,” he said.
Corporate management at Twin Peaks released a statement saying it was reviewing the circumstances of the shooting. The Waco restaurant is franchised.
“We are thankful no employees, guests or police were injured in this senseless violence outside the restaurant, and our sympathies are with the families of those killed,” the statement said.
To escape the fight, some restaurant customers and employees took cover in the freezer, according to CNN affiliate KWTX. The station reported that more than 100 weapons were recovered, and Waco police said officers were continuing to arrest people arriving with weapons.
Swanton told reporters that eight people were dead on the scene and another was pronounced dead at an area hospital. A total of 18 people were taken to the hospital. It was not immediately clear whether that figure included the person who died. All those injured or dead are believed to be bikers.
No officers were hurt, Swanton said, praising their response.
“Their action has saved lives in keeping this from spilling into a very busy Sunday morning,” the spokesman said. “Thank goodness the officers were here, and took the action that they needed to take to save numerous lives.”
Police: Deadly Waco biker gang shooting is capital murder
By Patrick Tolbert and Jackie Vega
At last count, 170 people have been arrested and are in the process of being booked and charged with engaging in organized crime in connection to the deadly shooting that broke out between five biker gangs at a Twin Peaks in Waco. Police Sgt. W. Patrick Swanton says this shooting is now considered a capital murder case “because of the number of people killed in one episode.”
Swanton says the details of the charges are still being worked out, but everyone is in the process of being booked on charges of engaging in organized crime. That organized crime is capital murder, said Swanton.
“That’s a pretty severe charge — engaging in organized crime in reference to nine individuals killed. It doesn’t get much more significant than that,” said Swanton. “There may be warrants on individuals that may be attached to that as well, but that’s a pretty serious charge.”
Some 18 Waco police officers and four Texas Department of Public Safety officers were involved in the gunfight in a matter of seconds, according to Swanton. Off-duty officers even responded to the incident. He also added that they are in the process of going through “every blood spot” and “every body” involved in the shootout that spanned a large area.
Under a Texas Alcoholic Beverage Commission mandate, the restaurant shut down its alcohol sales for the next seven days as the investigation continues into the shooting that left nine people dead and at least 18 people injured — an investigation that has included biker gang death threats made against uniformed officers. The restaurant’s corporate officials later said they were immediately revoking its franchise agreement,and Waco police are urging the restaurant to remain closed entirely — at least for the next week — out of respect for the incident.
“They are threatening to kill uniformed officers, and we’re aware of that. We’re sharing the intelligence that we’re getting. We know that we had a heavy influx of biker members coming into our area yesterday. We believe that was in an attempt to come in,” said Swanton early Monday morning, who added that the people arrested could be looking at capital murder charges. “They saw the show of force that we had here; they saw the large number of officers that we had here — not only at this location but scattered throughout Waco. We were prepared for a worst-case scenario if they tried to bring a fight to us.”
Swanton said local, state and federal officers are prepared if the biker gangs decide to act on those threats. He also added that if you could name a local agency in the area, they were there helping them Sunday afternoon following the shootout.
“I can tell you that yesterday’s events started as bad guys on bad guys,” said Swanton. “When our officers got there and intervened in the active-shooter situation, those bad guys turned their hostility on our officers, which included Waco and DPS.”
Meanwhile, authorities continue to comb through evidence that spans a Central Texas shopping center, much of which is closed Monday morning due to the amount of evidence they have to go through. Some 50 weapons — including knives, brass knuckles, chains and clubs — have been recovered from the scene so far.
“These were bad-guy weapons. They ranged from brass knucks to knives to chains to clubs and to firearms,” said Swanton. “This was a true gang fight.”
It started with a fist fight in the bathroom of the restaurant near the intersection of Interstate 35 and State Highway 6 Sunday afternoon in Waco. It spilled into the bar, where it quickly escalated into knife fight — and then out into the parking lot where a gun battle raged between five different biker gangs and heavily armed police. Swanton says the shooting began inside the restaurant and spilled out into the parking lot and surrounding area.
Three bodies were found in the immediate Twin Peaks parking lot, and another four were found throughout the extended parking lot. Eight people died at the scene, and another person died at the hospital. Most of the injured either had stab wounds or gunshot wounds — or both. Two people had to be take out of the Waco area because of the severity of the injuries, and most of the others injured were taken to Scott & White Baylor Hillcrest.
“They had a little bit of an issue there as well, with individuals showing up, being threatening to staff, demanding answers and had some problems there,” said Swanton of the hospital situation.
Waco police are questioning hundreds of people.
“In 34 years of law enforcement, this is the most violent crime scene I have ever been involved in,” Swanton said. “There is blood everywhere.”
The altercation between biker gangs began just as churchgoers arrived at the Central Texas Marketplace for Sunday Lunch.
In anticipation of any problems, Waco police were already on scene when the violence broke out. Officers say bikers were attacking one another with chains, knives, bats, clubs and firearms.
“These are officers that ran into gunfire to protect our citizens, and they — without a doubt — did a hell of a job doing that yesterday, and we’re very proud of them. And again, we think that saved numerous lives,” said Swanton. “We were quickly able to gain control because of the number of officers we had here on scene. And we began calling for additional resources due to the large number of people that were there and the threat to not only our officers, but the citizens as well.”
It is still unclear if those killed and injured were hit by police gunfire or gunfire from the bikers involved.
“What I want you all to understand: This is not a bunch of doctors and dentists and lawyers riding Harleys,” said Swanton on Sunday afternoon. “These are criminals on Harley-Davidsons that are members of a criminal biker gang, and we know who they are. We know which clubs that they’re with.”
Meanwhile, the shopping center is shut down from Cabela’s to Best Buy. The shopping center is open for business starting from Kohl’s.
Could it have been prevented?
“What happened here today could have been avoided,” Swanton told the media during a news conference. He went on to say that police alerted the restaurant to the threat of violence and that the manager was asked to discontinue ‘bike night.’”
Swanton says police presence has been at that Twin Peaks for about two months now, adding that this incident wasn’t the first Sunday that they’d been out there.
“They were aware that there were issues here. We have been working with management here — to no avail. And I have to say: That was local management here,” said Swanton. “We told them of the issues. We tried to get assistance from them in dealing with this crowd, but they would not cooperate … There was a statement that local management put out last night that was absolute fabrication. It was a lie.”
Jay Patel, operating partner of the Twin Peaks Waco franchise, offered up a statement on Facebook.
“We are horrified by the criminal, violent acts that occurred outside of our Waco restaurant today. We share in the community’s trauma. Our priority is to provide a safe and enjoyable environment for our customers and employees, and we consider the police our partners in doing so. Our management team has had ongoing and positive communications with the police, and we will continue to work with them as we all want to keep violent crime out of our businesses and community. We will continue to cooperate with the police as they investigate this terrible crime.”
Swanton doesn’t agree.
“We feel like they could’ve done more. We feel like that they did not take our advice and try to keep the bike groups from being here,” said Swanton on Sunday after the shooting. “They absolutely have a right to refuse service to people that may be a harm to their patrons and employees. They didn’t do that, and today is the ultimate aftermath of what their decision was.”
Swanton says that the police department has had officers in plain clothes — in large numbers — at the restaurant for the past two months. He also said there have been several arrests stemming from incidents at Twin Peaks, most of them minor skirmishes, warrant arrests and arrests of that nature.
“As of about a week ago, we were in contact with the national management of Twin Peaks because we were getting no cooperation locally, and we were going to them for assistance,” said Swanton. “People have civil rights. Until a law is broken, there’s nothing we can do if we don’t have management to support — to assist us — in keeping individuals out of a business. There’s nothing we can do until a law is broken.”
No bystanders were hurt, despite another packed restaurant just 25 feet from the gun battle.
As bikers from across the state began to pour into town Sunday afternoon, Waco police decided to close the mall where the restaurant is located.
While five different gangs are believed to be involved in the fight, officers on scene said it appeared some of the gangs appeared to be in alliance with one another.
Twin Peaks corporate statement
“We are in the people business, and the safety of the employees and guests in our restaurants is priority one. Unfortunately, the management team of the franchised restaurant in Waco chose to ignore the warnings and advice from both the police and our company, and did not uphold the high security standards we have in place to ensure everyone is safe at our restaurants. We will not tolerate the actions of this relatively new franchisee and are revoking their franchise agreement immediately. Our sympathies continue to be with the families of those who died and are very thankful on employees, guests, police officers of bystanders were hurt or injured.”
Why Waco?
Waco’s proximity to Austin and Dallas, by way of Interstate 35 and less-traveled highways, has made it a popular destination for bikers since the 1970s. The city has several biker bars on the outskirts bearing signs barring gang members from wearing “colors” inside.
Investigators in Waco say the gangs involved in Sunday’s violence were apparently in town in effort to recruit new members.
The motorcycle gangs involved in Sunday’s shootout in a Waco, Texas, restaurant parking lot are a breed apart from weekend hobbyists on bikes, authorities say.
The groups are serious criminal organizations — including one that the FBI alleges is among the largest outlaw motorcycle gangs in the USA.
Police in Waco say the melee involved five gangs, including the Bandidos and the Cossacks, who clashed at a weekend recruiting event. The FBI says on its organized crime Web page that the Bandidos is one of the largest outlaw motorcycle gangs (OMGs) in the USA, with about 900 members and 93 chapters. The group itself says it has over 200 chapters with more than 2,500 members in 16 countries.
The FBI says OMGs such as the Bandidos “pose a serious national domestic threat.” It defines them as “organizations whose members use their motorcycle clubs as conduits for criminal enterprises” including drug trafficking, cross-border drug smuggling, prostitution and human trafficking. More than 300 OMGs are active in the USA, it says, coordinating smuggling operations with “major international drug-trafficking organizations.”
The FBI says the Bandidos “are involved in transporting and distributing cocaine and marijuana and are involved in the production, transportation and distribution of methamphetamine.” The group is most active in the Pacific, Southeastern,Southwestern and the West Central regions of the USA.
The FBI’s National Gang Intelligence Center in 2013 found that just 2.5% of U.S. gang members belonged to an OMG — by contrast, 88% were street gang members and 9.5% were prison gang members. OMGs were considered the greatest threat in only about 11% of jurisdictions.
But the center said the low percentage is misleading. OMGs, it said, “are more problematic than their modest numbers suggest. This is likely due to their solid organizational structure, criminal sophistication, and their tendency to employ violence to protect their interests.”
On one of its websites, the Bandidos says a U.S. Marine named Donald Eugene “Mother” Chambers formed the group in San Leon, Texas, in 1966, after he and other veterans returning home from Vietnam found themselves abandoned by the U.S. government, living in poverty “and without any respect for what they have done” during the Vietnam War.
“What they have learned in their unit of companionship and unconditional support … has no existence in the civilian life,” according to the site. The club chose the red and gold colors of the U.S. Marine Corps. The group’s motto: “We are the people our parents warned us about.”
The FBI in 2013 said the Bandidos and other groups use their ties to “military-affiliated gang members” to extend their operations, through transfers and deployment, “and thereby potentially undermine security at military installations.”
The FBI identified at least 60 gangs whose members or associates “have been either enlisted or have attempted to gain employment in the military or various government agencies.” Of the 60, 54 had members who served in the military or who were affiliated with the military. It also said the Bandidos and others were encouraging members without criminal records to enlist in the military “to obtain weapons expertise, combat training, or access to sensitive information.”
A McLennan County deputy stands guard near a group of bikers in the parking lot of a Twin Peaks restaurant in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were “multiple victims” after gunfire erupted between rival biker gangs at the restaurant. (Photo: Rod Aydelotte, Waco Tribune-Herald via AP)
The Cossacks, a smaller, local Texas gang, had been challenging the Bandidos’ dominance, including discussing a possible alliance with rival gang the Hell’s Angels, Steve Cook, executive director of the Midwest Outlaw Motorcycle Gang Investigators Association, told Vox.
The biggest provocation came, he said, when the Cossacks began wearing a Texas patch on their clothing, which was “basically a slap in the face” to the Bandidos.
“We knew the tensions with the Cossacks were as high as they’d ever been,” he said. “I don’t think anybody could have forecasted it to the degree that it happened.”
Cook said Sunday’s shootout parallels previous encounters between the Bandidos and Hells Angels. Cook told The Washington Post that the shootout started because the Cossacks, backed by the Angels, challenged the Bandidos for control of Texas. Several other bike gangs might have joined the battle, too, angry over recent killings by Bandidos members, he said.
“My perception is that the Cossacks have been flirting, if you will, with Hell’s Angles,” Cook said. “If I’m a Bandido, my immediate reaction is: ‘These guys are going to try to make a move and bring an international gang into our state, which is going to cause a war.'”
Cook said he hoped Sunday’s shooting will draw more attention to the gangs. “Maybe it’ll be time for law enforcement and the public to take the blinders off and recognize these groups for what they are: criminals.”
Talking to reporters on Sunday, Waco Police spokesman Sgt. Patrick Swanton cautioned that the groups involved in the shootout were not “a friendly group of motorcycle enthusiasts,” but criminal gangs.
Cook agreed. “They can pretend like they’re these fraternal organizations — I can’t tell you the last time the Kiwanis and the Shriners had a shootout at a public venue.”
Outlaw Motorcycle Gangs (OMGs) are organizations whose members use their motorcycle clubs as conduits for criminal enterprises. OMGs are highly structured criminal organizations whose members engage in criminal activities such as violent crime, weapons trafficking, and drug trafficking. There are more than 300 active OMGs within the United States, ranging in size from single chapters with five or six members to hundreds of chapters with thousands of members worldwide. The Hells Angels, Mongols, Bandidos, Outlaws, and Sons of Silence pose a serious national domestic threat and conduct the majority of criminal activity linked to OMGs, especially activity relating to drug-trafficking and, more specifically, to cross-border drug smuggling. Because of their transnational scope, these OMGs are able to coordinate drug smuggling operations in partnership with major international drug-trafficking organizations (DTOs).
The Bandidos Motorcycle Club (Bandidos) is an OMG with a membership of 2,000 to 2,500 persons in the U.S. and in 13 other countries. The Bandidos constitute a growing criminal threat to the U.S. Law enforcement authorities estimate that the Bandidos are one of the two largest OMGs operating in the U.S., with approximately 900 members belonging to 93 chapters. The Bandidos are involved in transporting and distributing cocaine and marijuana and are involved in the production, transportation and distribution of methamphetamine. The Bandidos are most active in the Pacific, Southeastern, Southwestern and the West Central regions of the U.S. The Bandidos are expanding in each of these regions by forming additional chapters and allowing members of supporting clubs, known as “puppet” or “duck” club members who have sworn allegiance to another club but who support and do the “dirty work” of a mother club – to form new or join existing Bandidos chapters.
Black Pistons Motorcycle Club
The Black Pistons Motorcycle Club (Black Pistons) is the official support club for the Outlaws Motorcycle Club (Outlaws). Established in 2002 with the backing of the Outlaws, the Black Pistons have expanded rapidly throughout the U.S., Canada and Europe. The Black Pistons have an estimated 70 domestic chapters in 20 states and an unknown number of foreign chapters in Belgium, Canada, Germany, Great Britain, Norway and Poland. The exact number of Black Pistons members is unknown but the figure is estimated to be more than 200 in the U.S. The Outlaws use the Black Pistons chapters as a recruitment source for prospective Outlaws members. The Outlaws also use the Black Pistons chapters to conduct criminal activity, especially for the transportation and distribution of drugs. Members of the Black Pistons are also known to engage in assault, extortion, fraud, intimidation and theft.
Hells Angels Motorcycle Club
The Hells Angels Motorcycle Club (Hells Angels) is an OMG with between 2,000 and 2,500 members who belong to over 230 chapters in the U.S. and in 26 foreign countries. The Hells Angels pose a criminal threat on six continents. U.S. law enforcement authorities estimate that the Hells Angels have more than 92 chapters in 27 states with a membership in excess of 800 persons. The Hells Angels are involved in the production, transportation and distribution of marijuana and methamphetamine. Additionally, the Hells Angels are involved in the transportation and distribution of cocaine, hashish, heroin, LSD (lysergic acid diethylamide), ecstasy, PCP (phencyclidine) and diverted pharmaceuticals. The Hells Angels are also involved in other criminal activity including assault, extortion, homicide, money laundering and motorcycle theft.
Mongols Motorcycle Club
The Mongols Motorcycle Club (Mongols) is an extremely violent OMG that poses a serious criminal threat to the Pacific and Southwestern regions of the U.S. The Mongols are engaged in the transportation and distribution of cocaine, marijuana and methamphetamine. The Mongols are also known to frequently commit violent crime including assault, intimidation and murder in defense of their territory, and to uphold the reputation of the club. A majority of the Mongols membership consists of Hispanic males who live in the Los Angeles area, and many are former street gang members with a long history of using violence to settle grievances. Agents with the Bureau of Alcohol, Tobacco, Firearms (ATF) have called the Mongols the most violent and dangerous OMG in the nation. In the 1980’s the Mongols seized control of Southern California from the Hells Angels, and today, the Mongols are allied with the Bandidos, the Outlaws, the Sons of Silence and the Pagans against the Hells Angels. The Mongols have also maintained their ties with Hispanic street gangs in Los Angeles.
Outlaws Motorcycle Club
The Outlaws Motorcycle Club (Outlaws) have more than 1,700 members who belong to 176 chapters in the U.S. and in 12 foreign countries. U.S. law enforcement authorities estimate that the Outlaws have more than 86 chapters in 20 states with over 700 members. The Outlaws also identify themselves as the A.O.A. (American Outlaws Association) and the Outlaws Nation. The Outlaws are the dominant OMG in the Great Lakes region. The Outlaws are involved in the production, transportation and distribution of methamphetamine, the transportation and distribution of cocaine, marijuana and, to a lesser extent, ecstasy. The Outlaws engage in various criminal activities including arson, assault, explosives, extortion, fraud, homicide, intimidation, kidnapping, money laundering, prostitution, robbery, theft and weapons violations. The Outlaws compete with the Hells Angels for both members and territory.
Pagans Motorcycle Club
The Pagans Motorcycle Club (Pagans) is a violent OMG whose membership distribute cocaine, methamphetamine, marijuana and PCP (phencyclidine). The Pagans are one of the most prominent OMGs in the Mid-Atlantic region. The Pagans have an estimated 200 to 250 members among 41 chapters in 11 states. The Pagans have been tied to traditional organized crime groups in Philadelphia, Pittsburgh and New York and have engaged in criminal activities such as arson, assault, bombing, extortion and murder.
Sons of Silence
Sons of Silence Motorcycle Club (SOSMC) is one of the largest OMGs in the United States, with 250 to 275 members among 30 chapters in 12 states. The club also has five chapters in Germany. SOSMC members have been implicated in numerous criminal activities, including murder, assault, drug trafficking, intimidation, extortion, prostitution operations, money laundering, weapons trafficking, and motorcycle and motorcycle parts theft.
May 17 2015 Breaking News IRAN led Shiite paramilitaries have been deployed to Ramadi Iraq
ISIL seizes Iraq’s Ramadi
Islamic State ‘seizes Iraqi city of Ramadi’ – BBC News
Watch: ‘Islamic State forces’ march into Ramadi after seizing the Iraqi city
ISIS Seizes Government Headquarters in Ramadi, Iraq
PBS NewsHour Weekend full episode May 17, 2015
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Iraqi city of Ramadi falls to Islamic State as police, military retreat
By Hugh Naylor and Mustafa Salim
BAGHDAD — The capital of Anbar province fell to Islamic State militants Sunday as hundreds of police personnel, soldiers and tribal fighters abandoned the city, prompting the Iraqi premier to order Iranian-aligned Shiite militias to join the fight to win back control.
The fall of Ramadi represented a huge victory for the Islamic State and dealt a profound blow to Iraq’s U.S.-backed government, led by Prime Minister Haidar al-Abadi, and its military campaign to drive the extremist group out of the war-torn country. Just 24 hours before, officials in Baghdad announced that military reinforcements had been dispatched to defend the city, capital of Iraq’s largest province, against a brutal assault that began on Thursday.
But by Sunday, even the roads to Baghdad, 80 miles to the east, appeared vulnerable to the militant advance.
“Ramadi has fallen,” Muhannad Haimour, a spokesman for the Anbar governor told the Associated Press. “The city was completely taken…It was a gradual deterioration. The military is fleeing.”
Sunday’s developments, including Abadi’s decision to deploy Shiite militias to the country’s Sunni heartland, could complicate the U.S.-led campaign targeting the extremist group, which in recent days has included American airstrikes against militant positions in Ramadi in an effort to keep the city in government hands. U.S. officials have expressed concern over the divisive, sectarian-motivated — and increasingly powerful — Iranian-backed Shiite militias.
Carried by state television on Sunday evening, Abadi’s announcement, which contained few details, also included a plea for pro-government forces not to abandon their positions in Anbar.
The rapid disintegration of pro-government forces in Ramadi conjured memories of the Islamic State’s similar lighting defeat of Iraq’s weak military during sweeping advances throughout northern areas of the country last summer. Security forces retreated from the Malaab area of Ramadi at 1:30 p.m., abandoning about 60 military vehicles, including military-grade Humvees, to the militants, said Col. Nasser al-Alwani of the Ramadi police force. About half of the abandoned vehicles were sent by the U.S.-backed government on Saturday to reinforce the neighborhood, he added.
“Today, everybody retreated from the Malaab area, including counterterrorism units, army and police,” he said by telephone. Along with soldiers and counterterrorism units, the force of about 400 police officers who fall under Alwani’s command retreated in their vehicles to the east, he said. Islamic State fighters besieged them on all roads, forcing them to abandon the vehicles and escape on foot. A military convoy from the al-Habbaniyah air base later retrieved the fleeing Iraqi forces, he added.
“The retreat was complete chaos. There was no organization,” Alwani said, describing attacks by “hundreds” of Islamic State militants.
Earlier in the day, militants posted a statement on social media by the Islamic State that described Sunday’s events as a major military success, saying that the group “had imposed its control over all of Ramadi.”
In Mosul, Iraq’s second-largest city, which the group captured in June, loud street celebrations were being held that involved fighters shooting automatic weapons into the air and passing out candy, according to a resident in the city. He spoke on condition of anonymity, citing concern for his safety.
“The streets are full of cars honking horns and shouting Allahu Akbar because of Ramadi,” he said in a Facebook message.
In a sign of the seriousness over the situation in Anbar, the prime minister’s order to Shiite militias came just hours after Anbar’s provincial council voted in favor of allowing the irregular forces — known by the government as “popular mobilization units” — to participate in the battle to retake the city.
Iraqis, particularly in the Sunni-dominated province, are wary of the militias and the Shiite-led government in Baghdad. The Islamic State has capitalized on Sunni grievances to take control of most of most of Anbar.
“We voted yes to the measure,” said Kahtan Abed, officer manager for the provincial council’s head, Sabah Karhout. “We took this decision because we have nowhere else to turn. We’ve literally lost everything.”
Diplomats, analysts and Iraqis say that the powerful militias threaten to undermine Iraq’s government as well as delicate sectarian relations in the country. With aid from Shiite Iran, the militiamen carried out scores of attacks against American soldiers when U.S. forces were still fighting in Iraq. But more recently, the militias have proved to be a crucial force in retaking territory, including the city of Tikrit last month, from the Islamic State.
An official in one of the Iranian-backed Shiite militias, Kitaeb Hezbollah, confirmed by text message that the group’s militiamen have mobilized and been put on high alert. Jawad al-Talibawi, a spokesman for the armed wing of Asaib Ahl al-Haq, another Iran-aligned militia, said the group had mobilized 1,500 members of its special forces to enter Anbar. The fighters had spent months battling in Syria’s civil war against rebels seeking to overthrow President Bashar al-Assad’s regime, also an ally of Iran.
“Those 1,500 fighters are now awaiting the order to go in,” Talibawi said by telephone.
Omar al-Alwani, a pro-government tribal fighter from Ramadi, said no soldiers are left to defend eastern roads to the capital, Baghdad. He said he was among those who fled Malaab with the group of pro-government forces, which he estimated at more than 500. They left behind weapons that included artillery, machine-gun trucks and machine guns, he said.
“Daesh seized the police station, the big mosque” in the area, he said, adding that Islamic State fighters surrounded the area police station and fatally shot the senior officer there, Col. Muthana al-Jabari. Daesh is the Arabic acronym for the Islamic State.
He and others expressed concern about several hundred pro-government forces who are still surrounded by militants in a military operations hub in the city. According to unconfirmed reports, as many as 40 people in that facility were killed Sunday in two suicide bombings.
“Only God can help those people now. There is no one left to protect them,” said Alwani the tribal fighter.
However, Majed Abdullah, a captain in the Iraqi army who was besieged in the compound, said that scores of pro-government forces managed to escape the facility. They drove away, heading west, he said, adding that they left behind dozens on wounded soldiers and police. It is unclear whether the Islamic State has entered the compound, although there is fear that those who have been left behind could be executed by the militants.
“We’re on the Iraq-Jordan highway now and we’re waiting for orders to either reconstitute our forces and attack or retreat entirely,” Abdullah said by telephone. Using car bombings and heavy shelling, Islamic State militants launched a surprise attack Thursday on Ramadi, capturing most of the city’s neighborhoods by the following day. Residents, pro-government forces and officials accuse the militants of carrying out dozens of executions and systematic destruction of homes belonging to members of the security services.
Before the assault on Thursday, the Islamic State had already taken control of most of Anbar during sweeping advances last summer throughout Iraq.
Just under a decade ago, U.S.-backed Sunni tribes in Anbar led a revolt against al-Qaeda in Iraq, the precursor to the Islamic State. But frustration with Iraq’s Shiite-led government persuaded a number of tribesmen in the province to side with the Islamic State.
Rafia al-Fahdawi, an elder in the province’s Albu Fahed tribe, expressed doubt that a similar tribal uprising could be waged at the moment against the extremist group. On Saturday, he and dozens of fellow Sunni tribal leaders also issued a call for Shiite militias to intervene in Anbar.
“The army has let us down. The SWAT team has let us down. We can’t depend on these forces, and we need forces that are inspired to fight hard,” he said, referring to the militias.
Islamic State captures government compound in Ramadi
An Iraqi official says Islamic State militants have captured the main government compound inRamadi, the capital of the western Anbar province, after fierce clashes with security forces.
Ramadi’s Mayor Dalaf al-Kubaisi says the militants raised the black flag of the IS group over the area on Friday after troops were forced to withdraw from the compound, which houses most of the city’s government offices.
He says the IS militants are now attacking the Anbar Operation Command, the military headquarters for the province.
U.S. troops saw some of the heaviest fighting of the eight-year Iraq intervention in Anbar, and Ramadi was a major insurgent stronghold.
The IS assault on the government compound began with three nearly simultaneous suicide car bombings that killed 10 police and wounded seven others.
Following heavy defeats at Tikrit in Iraq and the appalling costly siege of Kobane, Islamic State have launched their own social media rules to censor coverage on its recent defeats.
The image of the rules began to circulate on social media, two weeks after Islamic State was forced to abandon the Iraqi city of Tikrit.
With ISIS propaganda team releasing endless sets of dull publicity photos from life inside Iraq and Syria, the senior commanders appear keen to eradicate any hint of problems within the group’s territory.
The media crackdown appears to be an attempt by ISIS senior commanders to eradicate any knowledge of the extremist group’s defeats or internal problems.
+8
Some ISIS supporters on social media appear to be exasperated by the apparent leaking of information and discussions of the defeat at Tikrit.
Specific details like the manufacturing of new weapons and any pictures of ISIS fighters, have been deemed by ISIS as a breach of online security.
Perhaps the strangest and most unclear rule reads: ‘The stupendous spread of Mujahideen along a specific locations’ It appears unknown what the extremist group meant by ‘the stupendous spread of mujahideen.’
Whilst it remains unknown how Islamic State will manage to enforce these rules, the jihadi group has previously struggled to keep any control of its fighters and supporters on social media.
One exasperated ISIS supporter wrote: ‘Brothers, please stop posting news about anything in Tirkit or Ramadi walla. You are doing more harm to the mujahideen than good. Fear Allah.’
Some of the rules, particularly regarding the publishing information on the location of fighters and the use of tactics, appears to come after a series of calamitous social media errors by some fighters.
Islamic State fighter Mark Taylor, originally from New Zealand, shot to fame after accidentally tweeting his location whilst fighting in Syria.
Taylor forgot to turn off the geo-locator setting on his account, allowing intelligence services to successfully track his every movement. He even managed to give away where he was living in al-Tabaqah, south west Raqqa.
Known as Ali Al-Farsi, 19-year-old Ali Kalantar’s death was first tweeted by Halane, under the nom de guerre, Umm Jafar al-Britaniyah.
British terror twin Zahra Halane (left) and Kiwi fighter Mark Taylor (right), have both been criticised by ISIS supporters for giving away information on fighters and locations.
Islamic State commander fear that with the deadly coalition air strikes decimating their ranks, such lapses in security is proving costly.
In particular female jihadis have been criticized by fellow ISIS supporters for their loose lipped attitude on social media. One of the British terror twins, Zahra Halane, has previously broken the rules by announcing the death of her husband on social media.
Known as Ali Al-Farsi, 19-year-old Ali Kalantar’s death was first tweeted by Halane, under the nom de guerre, Umm Jafar al-Britaniyah. Halane quickly deleted the tweets but not before a screenshot had sent them viral.
Islamic State propaganda remains highly important to their strategy for recruitment and legitimacy. ISIS media continue to churn out endless propaganda photos from inside ISIS territory.
Islamic State fighters have recently made worrying gains near the Iraqi city of Ramadi, Anbar province. Shiite paramilitary groups and other reinforcements are reportedly heading to Ramadi to provide support against the ISIS threat.
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New propaganda photos from Anbar province claim that ISIS were warmly welcomed as they entered a nearby town near Ramadi.
Islamic State continue to launch new offensives, targeting the strategic Iraqi oil fields at Baiji and the city of Ramadi in Anbar province.
Islamic State continue to launch new offensives, targeting the strategic Iraqi oil fields at Baiji and the city of Ramadi in Anbar province.
Using suicide bombers to destroy the surrounding fence, Islamic State fighters have been managed to fight their way inside the oil field compound in Salahuddin province.
Parts of the oil fields have frequently changed hands between the Iraqi army and militants from Islamic State. Due to its remote desert location, it has proved to be a difficult base to maintain.
Newly published photos and a brief video shows dozens of ISIS fighters celebrating inside the oil field’s facilities.
It remains unknown how long they will manage to hold out before the Baghdad forces re-take it.
Using suicide bombers to destroy the surrounding fence, Islamic State fighters have been managed to fight their way inside the oil field compound
Situated in Salahuddin province, the Baiji oil fields has long been seen as a key stategic target for Islamic State. it remains unknown how long they will manage to hold out before the Baghdad forces re-take it.
Delta Force Commandos Kill Key ISIS Leader in Ground Raid in Syria
In a ground raid deep in Syrian territory, U.S. special operations forces killed a top ISIS leader who they were attempting to capture and interrogate about American hostages and how the terror group finances its war machine, the Obama…
U.S. conducts raid in Syria, says it kills senior Islamic State leader
WASHINGTON| BY WILL DUNHAM AND MATT SPETALNICK
American special operations forces killed a senior Islamic State leader in a raid in Syria, U.S. officials said on Saturday, an operation that marked a departure from Washington’s strategy of relying primarily on air strikes to target militants there.
Delta Force commandos used UH-60 Black Hawk helicopters and V-22 Osprey tiltrotor aircraft to punch deep into eastern Syria from Iraq. They engaged in a firefight and hand-to-hand combat with Islamic State fighters, killed a key figure in the group named as Abu Sayyaf and captured his wife, U.S. officials said.
The officials described Sayyaf, a Tunisian, as an Islamic State commander who helped manage the group’s black-market sales of oil and gas to raise funds. The officials said President Barack Obama ordered the overnight operation, which killed about a dozen Islamic State fighters and had been planned for several weeks.
It marked the first known U.S. special forces operation inside Syria apart from a failed mission last year to rescue U.S. and other foreign hostages held by Islamic State in northeastern Syria.
Wary of the United States getting pulled deeper into Middle East conflicts, Obama has promised not to commit major ground forces in the fight against Islamic State, which has seized swathes of Syria and Iraq. But he has left open the prospect of special forces raids.
It was not immediately clear if this one marked the start of a new chapter in Syria.
U.S. and Arab forces have carried out almost daily air raids against hardline Islamist militant groups in Syria including Islamic State since last September, and U.S.-led forces are also targeting the group in Iraq.
Defense Secretary Ash Carter said the operation was intended to capture Abu Sayyaf but he was killed “when he engaged U.S. forces.” His wife, Umm Sayyaf, was captured, then placed in U.S. military detention in Iraq and was being questioned about Islamic State operations and hostages held by the group.
No U.S. forces were killed or wounded during the operation, Carter said.
“The operation represents another significant blow to ISIL, and it is a reminder that the United States will never waver in denying safe haven to terrorists who threaten our citizens, and those of our friends and allies,” Carter said, using an acronym for the Islamic State organization.
Local Syrian sources contacted by Reuters said two other senior Islamic State operatives, a Syrian and a Saudi, were also killed alongside Abu Sayyaf. The raid lasted no more than half an hour, according to the sources.
The accounts could not be independently verified. U.S. officials had no immediate comment on whether other senior Islamic State militants were killed in the raid.
The raid in Syria came at a time when Islamic State, which has declared a caliphate in areas it controls and has carried out beheadings and massacres, has scored high-profile gains in Iraq and made advances in Syria.
Islamic State militants raised their black flag over the local government headquarters in the Iraqi city of Ramadi on Friday and claimed victory after overrunning most of the provincial capital.
If Ramadi were to fall it would be the first major city seized by the Sunni insurgents in Iraq since security forces and paramilitary groups began pushing them back last year.
U.S. House of Representatives Speaker John Boehner said he extended his “gratitude and continued support” for the U.S. troops involved in the Syria raid. But Boehner, a Republican, said he was “gravely concerned” by Islamic State’s advances in Ramadi, which he said “threatens the stability and sovereignty of Iraq, which is vital to America’s interests.”
Hawkish Republican critics of Obama, a Democrat, say he has not acted forcefully enough to rein in the rise of Islamic State.
GREEN LIGHT FROM OBAMA
White House National Security Council spokeswoman Bernadette Meehan said the Syria raid was conducted “with the full consent of Iraqi authorities.” She said the United States did not give any advance warning or coordinate with the government of Syrian President Bashar al-Assad, who Washington opposes.
“The president authorized this operation upon the unanimous recommendation of his national security team and as soon as we had developed sufficient intelligence and were confident the mission could be carried out successfully,” Meehan said.
Meehan said U.S. forces freed a young Yezidi woman “who appears to have been held as a slave” by Abu Sayyaf and his wife. His wife was suspected of playing “an important role in ISIL’s terrorist activities,” Meehan said.
The U.S. military last summer carried out a failed mission in Syria to rescue journalist James Foley, held hostage by Islamic State. Foley was later beheaded by the group in August 2014.
In December, al Qaeda militants shot and fatally wounded American photo journalist Luke Somers and South African teacher Pierre Korkie during a failed rescue attempt led by U.S. commandos in Yemen.
Saturday’s raid followed a summit Obama held at Camp David earlier this week with Saudi Arabia and other Gulf Arab allies who have pressed the United States to be more militarily assertive in Syria, especially in support of moderate rebels seeking to oust Assad.
Story 1: Breaking News — Tsarnaev Sentenced To Death — Bring Back Prompt Public Executions — Hillary Clinton’s War On Babies A Woman’s Right To Kill Her Baby In The Womb — We Need To Kill More Black Babies? — Black Genocide and Eugenics Through Planned Parenthood — Videos
Abortion — Killing Babies in The Womb
“it’s not enough to legalize the procedure.
Far too many women are denied access to reproductive health care and safe childbirth, and laws don’t count for much if they’re not enforced.
And deep-seated cultural codes, religious beliefs and structural biases have to be changed.’
~ Hillary Clinton
I admire Margaret Sanger enormously, her courage, her tenacity, her vision,”
“I am really in awe of her, there are a lot of lessons we can learn from her life”
~ Hillary Clinton
Boston Marathon bomber Dzhokhar Tsarnaev sentenced to death
Boston Bomber Dzhokhar Tsarnaev Sentenced to Death
Boston Marathon Bomber “Dzhokhar Tsarnaev” Gets Death Penalty!
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Execution of N. Korea defense chief shows cruelty of regime： U.S. State Department
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Eugenics, Planned Parenthood & Psychology, Mind Control
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Margaret Sanger, Planned Parenthood’s Racist Founder
Dr Angela Franks- Planned Parenthood:Everything You Didn’t Know
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VERY REVEALING Margaret Sanger Interview MUST SEE ! PLANNED PARENTHOOD
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American Eugenics movement, the truth is here, must see!
Scientific Racism The Eugenics of Social Darwinism
Harvest of Despair Soviet Communism engineered Ukraine Famine Genocide 1933)
USSR, The Genocidal Communist Empire (FULL video)
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BBC’s World at War- The Final Solution part 2
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Three Reasons: The War Room
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Hillary Clinton’s keynote address at the 2015 Women in the World Summit
The presidential hopeful made her sixth appearance at the Women in the World Summit with a keynote address that challenged viewers to be champions for change.
Tsarnaev sentenced to death
By Milton J. Valencia, Patricia Wen, Kevin Cullen, John R. Ellement and Martin Finucane
Dzhokhar Tsarnaev was sentenced to death Friday for his role in the 2013 Boston Marathon bombing, the terror attack on the finish line of the storied race that killed three people and injured more than 260 others.
Tsarnaev, 21, had been convicted last month in US District Court in Boston of 17 charges that carried the possibility of the death penalty.
The death sentence handed down Friday by the seven-woman, five-man jury came at the end of a lengthy, high-profile trial. Tsarnaev, who had taken a sharp turn from hopeful immigrant college student to radical jihadist, also was convicted in the murder of a police officer.
The April 15, 2013, bombing was one of the worst terror attacks in the United States since Sept. 11, 2001.
Wearing a blazer and a collared shirt, Tsarnaev, as has been his habit for most of the trial, had no expression as a court clerk read the verdict sentencing him to death. The jury took 14 1/2 hours over three days to render its decision on the penalty.
View Story
Explore the evidence from the trial
A look at the witnesses, evidence, and key players in the trial.
Tsarnaev sentencing verdict form
Live updates from the courtroom
US District Judge George A. O’Toole Jr. will impose the sentence at a hearing where Tsarnaev’s victims will be able to confront him and he also has the option of addressing the court.
After the verdict was announced, O’Toole told jurors, at least three of whom wiped away tears, “You should be justly proud of your service in this case.”
Those in the courtroom included Bill and Denise Richard, parents of 8-year-old Martin Richard of Dorchester, the youngest victim of the attack. Despite the devastating impact on their family, the Richards had called for life in prison, rather than death, for Tsarnaev.
Federal prosecutors said Tsarnaev was a remorseless self-radicalized terrorist who had participated in the bombing to make a political statement. Defense attorneys, seeking to save Tsarnaev’s life, portrayed him as the puppy dog-like follower of his troubled, violence-prone older brother, Tamerlan, who became obsessed with waging jihad and died in a firefight with police.
The jurors decided Dzhokhar Tsarnaev should be sentenced to death for the people he was found directly responsible for killing when he placed one of the two homemade pressure cooker bombs: Martin Richard and 23-year-old Boston University graduate student Lingzi Lu.
The panel also had the right to sentence Tsarnaev to death for the second bomb placed by Tamerlan Tsarnaev, which killed Krystle Campbell, 29, of Arlington. But the jury chose not to impose the death penalty for her death.
The jurors also decided against imposing the death penalty for the subsequent murder of MIT Police Officer Sean A. Collier, whom the defense argued was shot to death by Tamerlan, not Dzhokhar.
The response to the death sentence was immediate from some of the hundreds of people who were injured.
One of those who turned to social media to share their views was Sydney Corcoran, who was seriously injured along with her mother, Celeste, who lost both legs in the blast.
“My mother and I think that NOW he will go away and we will be able to move on. Justice,’’ Sydney Corcoran wrote on the Twitter account. “In his own words, ‘an eye for an eye.’ “
Boston Mayor Martin J. Walsh said in a statement that the “verdict provides a small amount of closure to the survivors, families, and all impacted by the violent and tragic events surrounding the 2013 Boston Marathon.’’
“We will forever remember and honor those who lost their lives and were affected by those senseless acts of violence on our City,’’ Walsh said. “Today, more than ever, we know that Boston is a City of hope, strength and resilience, that can overcome any challenge.”
Dzhokhar Tsarnaev was convicted last month of 30 charges, including 17 that carried a possible death penalty, in the first phase of the two-phase federal death penalty trial.
The defense never contested his guilt, focusing instead on the second phase of the trial, in which the jury was asked to determine whether Tsarnaev should get life in prison without parole or a death sentence. Over 11 days of testimony jurors heard from more than 60 witnesses, most of them called by the defense in an effort to humanize Tsarnaev.
Tsarnaev did not testify himself during either phase, showing little emotion as he sat in the courtroom, leaving him an inscrutable figure to the jury that decided his fate.
But in a statement he wrote when he was hiding from police several days after the bombing, he said he had acted because the US government was “killing our innocent civilians. … We Muslims are one body, you hurt one you hurt us all.”
Prosecutor Steven Mellin, in his closing argument, cited a line from the note that said, “Now I don’t like killing innocent people, but in this case it is allowed.”
“These are the words of a terrorist who thought he did the right thing,” Mellin told jurors. “His actions have earned him a sentence of death.”
Defense attorney Judy Clarke suggested that Tsarnaev’s parents were emotionally, and later physically, absent from his life, and that Tamerlan had filled the void.
The root cause of the violence that erupted on Boylston Street on April 15, 2013, was Tamerlan, Clarke said.
“Dzhokhar would not have done this but for Tamerlan,” she said.
“We’re asking you to choose life,” she said. “Yes, even for the Boston Marathon bomber. It’s a sentence that reflects justice and mercy.”
The homemade pressure cooker bombs planted by the Tsarnaev brothers went off just before 3 p.m. at the race, a colorful rite of spring in which thousands of runners, including top competitors from around the world, stream down the course into the heart of the city.
In addition to the three people killed, more than 260 others were injured, including 17 who lost limbs. First responders and people in the crowd rushed forward to help, and the city’s renowned medical community saved lives that were hanging by a thread.
A massive manhunt followed that ended several days later in a violent, chaotic showdown. After authorities released their pictures, Tsarnaev, who was 19 at the time, and his 26-year-old brother murdered Collier while he sat in his cruiser on the night of April 18, 2013, in an unsuccessful attempt to get a second gun.
When police caught up with the brothers in Watertown, just outside the city, in the early hours of April 19, the brothers hurled more deadly bombs and fired dozens of shots at police. Tamerlan Tsarnaev died after being shot by police and run over by his own brother as he made his escape.
Dzhokhar Tsarnaev slipped away from the legions of police who swarmed to the area as the governor, in an unprecedented step, urged residents of Boston, Watertown and other nearby areas to stay indoors and “shelter in place.” But Tsarnaev was ultimately captured later in the day, hiding in a boat stored in a Watertown back yard, where he had written the note explaining his actions. A stunned region breathed a sigh of relief.
People in Boston and beyond rallied together after the attacks, expressing sympathy and offering support to the bombing victims. At the same time, questions were raised and investigations launched into why the attacks weren’t prevented.
One mystery remaining at the heart of the case was how Dzhokhar Tsarnaev transformed from a hard-working teenager to a failing college student who joined a deadly terrorist plot.
“If you expect me to have an answer, a simple clean answer, I don’t have it,” Clarke said in her closing argument.
Tsarnaev arrived in America with his family when he was 9 years old. Jurors heard from his teachers in Cambridge that as a young boy, he was an A student, smart, popular, and kind. He became captain of the Cambridge Rindge and Latin School wrestling team and went on to the University of Massachusetts Dartmouth, and witnesses described him as a laid-back, and fun-loving college student.
But jurors also heard about Tsarnaev’s upbringing in a dysfunctional immigrant Chechen family that held to old cultural traditions that gave outsized rank to the oldest brother. And an expert on Chechnya described how that country’s struggles for independence became intertwined over the last two decades with the global jihad movement by Islamic militants.
When his parents returned to Russia in 2012, the jihad-obsessed Tamerlan was the only adult figure in his life, the defense said.
Prosecutors rejected the idea that Tamerlan Tsarnaev had influenced his young brother.
“These weren’t youthful crimes,” said prosecutor William Weinreb. “There was nothing immature or impulsive about them. These were political crimes, designed to punish the United States . . . by killing and mutilating innocent civilians on US soil.”
Governor Charlie Baker met reporters at the State House after the verdict, but refused to say whether he believed the death sentence was the right choice to have been made. Instead, he said, the verdict resulted from the persistence of the 12 jurors who were in court day after day and for 10 weeks.
“This was their call,’’ he said.
As a parent and husband, Baker said he was stunned by the “randomness” of the bombings. He also said that the region would be reminded about the bombings every April when the Marathon is held.
“I think it will be a long time before this event and all that came with it ever lands in my rear view mirror,’’ Baker said. “It changed the Marathon and thereby by definition, changed Boston as well.’’
He said that he hopes some closure, some healing will be forthcoming for anyone connected to the bombings.
Hillary Clinton Reaffirms Her Commitment to Women’s Rights
At Tina Brown’s Women in the World conference, the presidential hopeful spoke about the obstacles women still face in this country and abroad.
Today at Tina Brown’s Women in the World summit, presidential hopeful and former Secretary of State Hillary Clinton took the stage to reaffirm her commitment to women’s and girls’ rights, and outlined what will likely be her talking points on women, girls, and minorities as she travels the country trying to gain voter support in the coming months.
“It’s not just enough for some women to get ahead,” Clinton said, adding that all women need support, “no matter where you live and who you are.”
Clinton outlined issues facing women from birth through retirement, noting that “all the evidence tells us that despite the enormous obstacles that remain, there has never been a better time in history to be born female.” But when women enter the workforce, she said, they face a pay gap, which is particularly wide for women of color. She pointed to the recent Hobby Lobby Supreme Court decision to assert that a woman’s boss should not determine what kind of health care she can access.Sexual assault on college campuses and in the military remains a pressing issue in need of legislative solutions, Clinton said. And she criticized discrimination in retirement benefits, saying, “When we deny women access to retirement that is secure, when we continue as we do to discriminate against women in the Social Security system, we are leaving too many women on their own.”
The way forward, Clinton said — and presumably what she will campaign on — is to embrace those who have long been marginalized in American society.
“We move forward when gay and transgender women are embraced as our colleagues and friends, not fired from good jobs because of who they love and who they are,” she said. Immigrants too, Clinton said, need protections and a path to citizenship. Striking a populist tone, Clinton highlighted economic inequality and the value of closing the wage gap — not just for women and their families, but for the U.S. economy as a whole.
Tina Brown’s Women in the World is a global conference, and Clinton emphasized her longtime advocacy for international women’s rights. She famously spoke at the 1995 Beijing conference on women’s rights, where she declared, “Women’s rights are human rights once and for all.” And at Women in the World today, she not only focused heavily on a domestic agenda centered on women’s rights, but mentioned her Beijing work, saying that when she gave her speech back in 1995, 189 countries came together to declare that “human rights are women rights and women rights are human rights, once and for all. And finally, the world began to listen.”
But, Clinton said, “Despite all this progress, we’re just not there yet. Yes, we’ve nearly closed the global gender gap in primary school, but secondary school remains out of reach for so many girls around the world. Yes, we’ve increased the number of countries prohibiting domestic violence, but still more than half the nations in the world have no such laws on the books, and an estimated one in three women still experience violence. Yes, we’ve cut the maternal mortality rate in half, but far too many women are still denied critical access to reproductive health care and safe childbirth.”
Clinton announced her run for president earlier this month and is the presumptive Democratic nominee. But when she sought the Democratic nomination for president in 2008, she moved away from her women’s rights bona fides, staking out a more gender-neutral position.
Now, running again eight years later, Clinton may be more inclined to embrace her potentially historic role as the first female candidate for president from a major political party. A month before she announced her intent to run, Clinton gave the keynote speech at the anniversary gala of EMILY’s List, an organization that raises money for pro-choice female politicians.
The Women in the World speech focused on women and girls, handily avoiding any mention ofallegations of inappropriate relationships between governments Clinton dealt with at the State Department and her family’s nonprofit, the Clinton Foundation. Those allegations originated in a book called Clinton Cash written by a Republican consultant, and the accusations of unethical behavior are now being investigated further by several media outlets, including The New York Times and TheWashington Post.
The Women in the World conference runs through Friday and features a long list of female activists and celebrities, including actresses Meryl Streep, Ashley Judd, Robin Wright, and Friedo Pinto; journalists Katie Couric, Poppy Harlow, Nora O’Donnell, and Mika Brzezinski; writers Tavi Gevinson, Jon Krakauer, and Janet Mock; and political leaders Kirsten Gillibrand and Kamala Harris.
Hillary Clinton’s remarks last week at the sixth annual Women in The World Summit raised eyebrows when she openly admitted her goal to steamroll conservative religious beliefs to clear the way for abortion on demand.
As the Daily Caller reports, “Clinton said, ‘it’s not enough to legalize the procedure. Far too many women are denied access to reproductive health care and safe childbirth, and laws don’t count for much if they’re not enforced. And deep-seated cultural codes, religious beliefs and structural biases have to be changed.’”
Hillary is right about one thing. Laws can’t simply be created, they have to be enforced, and you can’t enforce the progressive agenda fully unless you completely uproot the “deep seated cultural codes and religious beliefs” of society. Then, and only then, will the liberals secure their progressive dream.
That’s why progressives push so hard to “normalize” single motherhood, non-traditional families, transgenderism and remove all trappings of our Judeo-Christian faith heritage.
Law and morality cannot entirely be separated, because nearly all laws are based on moral standards: codes of right and wrong. Our Founders recognized this and made us “one nation under God” with certain rights endowed to us by our Creator.
Hillary’s progressive worldviews include the “woman’s right to choose” – death, actually. Death for the unborn. And primarily, death for unborn non-white babies.
But liberals’ credal commitment to abortion hides an appalling racial bias.
While progressives are quick to label conservatives as racists, they support a genocidal industry that targets and slaughters African American babies more than any other race. This industry is abortion on demand.
According to CDC estimates, an average of “1,876 black babies are aborted every day in the United States.” Also, in 2011, the CDC released a shocking report that “black women were 3.7 times more likely to have an abortion..than non-Hispanic white women.”
In 2012, black women were almost five times as likely to have an abortion as white women. Among white women there were 138 abortions for every 1,000 births. Among black women, there were 501 abortions for every 1,000 births.”
Right now, we’re seeing Baltimore erupt in anger over the tragic death of Freddy Gray. The current narrative is that policemen are rampantly killing young black men. In fact, Rep. Hank Johnson (D-Ga.) even went so far as to say the recent deaths of unarmed African-American men at the hands of police officers make it feel like “open season” on members of his race.
No sir, it’s open season on babies of your race. Self-inflicted.
According to the FBI there were about 33 homicides each day across the United States in 2013. That’s right, only 33 – whatever their color. But 1,876 black babies are aborted every day. In other words, 5,685% more black babies aborted by their mothers every day then there are homicides in the entire nation.
Rep. Johnson, I hope those figures alarm you. And Mrs. Clinton, aren’t you interested in changing that “deep-seated cultural code?”
In the end, when political leaders like Hillary Clinton promote the destruction of human life through abortion, they are willfully aiding Margaret Sanger’s eugenical dream to purify the population.
Story 1: Economic Illiterate Obama On Life’s Lottery Winners — Wealth, Job and Income Creators Pay Over 70% of Federal Income Taxes — Obama Wants More — Greedy Progressive Politicians Use Government To Steal Other People’s Money — Videos
“But how is this legal plunder to be identified?
Quite simply. See if the law takes from some persons what belongs to them and gives it to other persons to whom it does not belong.
See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.”
“The state is that great fiction by which everyone tries to live at the expense of everyone else.”
~Frédéric Bastiat
Obama Dismisses Wealthy Americans As ‘Society’s Lottery Winners’
Obama: Tax Hedge Funds More
EAT THE RICH!
IDIOTS – Who pays the most taxes – Franklin vs Marx
Why the Rich Never Pay Taxes
Why The Rich Pay Lower Taxes
Summary of Latest Federal Income Tax Data
December 22, 2014
By Kyle Pomerleau,Andrew Lundeen
The Internal Revenue Service has recently released new data on individual income taxes for calendar year 2012, showing the number of taxpayers, adjusted gross income, and income tax shares by income percentiles.[1]
The data demonstrates that the U.S. individual income tax continues to be very progressive, borne mainly by the highest income earners.
In 2012, 136.1 million taxpayers reported earning $9.04 trillion in adjusted gross income and paid $1.1 trillion in income taxes.
All income groups increased their income and taxes paid over the previous year.
The top 1 percent of taxpayers earned their largest share of income since 2007 at 21.9 percent of total AGI and paid their largest share of the income tax burden since the same year at 38.1 percent of total income taxes.
In 2012, the top 50 percent of all taxpayers (68 million filers) paid 97.2 percent of all income taxes while the bottom 50 percent paid the remaining 2.8 percent.
The top 1 percent (1.3 million filers) paid a greater share of income taxes (38.1 percent) than the bottom 90 percent (122.4 million filers) combined (29.8 percent).
The top 1 percent of taxpayers paid a higher effective income tax rate than any other group at 22.8 percent, which is nearly 7 times higher than taxpayers in the bottom 50 percent (3.28 percent).
Taxpayers Reported $9.04 Trillion in Adjusted Gross Income and Paid $1.19 Trillion in Income Taxes in 2012
Taxpayers reported $9.04 trillion in adjusted gross income (AGI) on 136.1 million tax returns in 2012. This represents $725 billion in additional income over 2011 on 500,000 fewer tax returns. While the majority of the income gain went to the top 5 percent of taxpayers (those making $175,817 or more), every income group experienced an increase in income in 2012. Due to the increase in incomes, taxes paid increased by $142 billion to $1.185 trillion in 2012. Taxes paid increased for all income groups.
The share of income earned by the top 1 percent increased to 21.9 percent of total AGI, the highest level since the peak year of 2007 (22.9 percent of total AGI). The share of the income tax burden for the top 1 percent increased to 38.1 percent from 35.1 percent in 2011, also the highest level since the peak in 2007 (39.8 percent).
Table 1. Summary of Federal Income Tax Data, 2012
Number of Returns*
AGI ($ millions)
Income Taxes Paid ($ millions)
Group’s Share of Total AGI (IRS)
Group’s Share of Income Taxes
Income Split Point
Average Tax Rate
All Taxpayers
136,080,353
9,041,744
1,184,978
100.0%
100.0%
Top 1%
1,360,804
1,976,738
451,328
21.9%
38.1%
> $434,682
22.8%
1-5%
5,443,214
1,354,206
247,215
15.0%
20.9%
18.3%
Top 5%
6,804,018
3,330,944
698,543
36.8%
58.9%
> $175,817
21.0%
5-10%
6,804,017
996,955
132,902
11.0%
11.2%
13.3%
Top 10%
13,608,035
4,327,899
831,445
47.9%
70.2%
> $125,195
19.2%
10-25%
20,412,053
1,933,778
192,601
21.4%
16.3%
10.0%
Top 25%
34,020,088
6,261,677
1,024,046
69.3%
86.4%
> $73,354
16.4%
25-50%
34,020,089
1,776,123
128,017
19.6%
10.8%
7.2%
Top 50%
68,040,177
8,037,800
1,152,063
88.9%
97.2%
> $36,055
14.3%
Bottom 50%
68,040,177
1,003,944
32,915
11.1%
2.8%
< $36,055
3.3%
*Does not include dependent filers.
Top 50 Percent of All Taxpayers Paid 97.2 Percent of All Federal Income Taxes; Top 1 Percent Paid 38.1 Percent; and Bottom 90 Percent Paid 29.7 Percent of All Federal Income Taxes
Figure 1 shows the distribution of AGI and income taxes paid by income percentiles in 2012. In 2012, the bottom 50 percent of taxpayers (those with AGIs below $36,055) earned 11.1 percent of total AGI. This group of taxpayers paid approximately $33 billion in taxes, or 2.8 percent of all income taxes in 2012.
In contrast, the top 1 percent of all taxpayers (taxpayers with AGIs of $434,682 and above), earned 21.9 percent of all AGI in 2012, but paid 38.1 percent of all federal income taxes.
Combined, the top 1 percent of taxpayers (those with AGIs above $434,682) accounted for more income taxes paid than the bottom 90 percent (those with AGIs below $125,195) combined. In 2012, the top 1 percent of taxpayers paid $451 billion in income taxes, or 38.1 percent of all income taxes while the bottom 90 percent paid $353 billion in income taxes, or 29.8 percent of all income taxes paid.
The Top 1 Percent’s Effective Tax Rate Is Nearly Seven Times Higher than the Bottom 50 percent’s
The 2012 IRS data shows that taxpayers with higher incomes pay much higher effective income tax rates than lower-income taxpayers.
The bottom 50 percent of taxpayers (taxpayers with AGIs under $36,055) faced an average effective income tax rate of 3.3 percent. As taxpayer AGI increases, the IRS data shows that average income tax rates rise. For example, taxpayers with AGIs between the 10th and 5th percentile ($125,195 and $175,817) pay an average effective rate of 13.3 percent—four times the rate paid by those in the bottom 50 percent.
The top 1 percent of taxpayers (AGI of $434,682 and higher) paid the highest effective income tax rate at 22.8 percent, 6.9 times the rate faced by the bottom 50 percent of taxpayers. The top 1 percent’s average effective tax rate for 2012 of 22.8 percent was slightly lower than that of 2011 (23.5 percent).
Taxpayers at the very top of the income distribution, the top 0.1 percent, which includes taxpayers with incomes over $2.2 million, actually paid a slightly lower income tax rate than the top 1 percent (21.7 percent versus 22.8 percent). This is due to the fact that very high income taxpayers are more likely to report a greater share of their income as taxable capital gains income. This leads to a slightly lower effective tax rate because capital gains and dividends income faces a lower top income tax rate (23.8 percent) than wage and business income (39.6 percent). It is important to note, however, that capital gains taxes at the individual level are the second layer of tax after the corporate income tax (which is 35 percent).
Appendix
Table 2. Number of Federal Individual Income Tax Returns Filed 1980–2012 (In thousands)
Year
Total
Top 0.1%
Top 1%
Top 5%
Between 5% & 10%
Top 10%
Between 10% & 25%
Top 25%
Between 25% & 50%
Top 50%
Bottom 50%
1980
93,239
932
4,662
4,662
9,324
13,986
23,310
23,310
46,619
46,619
1981
94,587
946
4,729
4,729
9,459
14,188
23,647
23,647
47,293
47,293
1982
94,426
944
4,721
4,721
9,443
14,164
23,607
23,607
47,213
47,213
1983
95,331
953
4,767
4,767
9,533
14,300
23,833
23,833
47,665
47,665
1984
98,436
984
4,922
4,922
9,844
14,765
24,609
24,609
49,218
49,219
1985
100,625
1,006
5,031
5,031
10,063
15,094
25,156
25,156
50,313
50,313
1986
102,088
1,021
5,104
5,104
10,209
15,313
25,522
25,522
51,044
51,044
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987
106,155
1,062
5,308
5,308
10,615
15,923
26,539
26,539
53,077
53,077
1988
108,873
1,089
5,444
5,444
10,887
16,331
27,218
27,218
54,436
54,436
1989
111,313
1,113
5,566
5,566
11,131
16,697
27,828
27,828
55,656
55,656
1990
112,812
1,128
5,641
5,641
11,281
16,922
28,203
28,203
56,406
56,406
1991
113,804
1,138
5,690
5,690
11,380
17,071
28,451
28,451
56,902
56,902
1992
112,653
1,127
5,633
5,633
11,265
16,898
28,163
28,163
56,326
56,326
1993
113,681
1,137
5,684
5,684
11,368
17,052
28,420
28,420
56,841
56,841
1994
114,990
1,150
5,749
5,749
11,499
17,248
28,747
28,747
57,495
57,495
1995
117,274
1,173
5,864
5,864
11,727
17,591
29,319
29,319
58,637
58,637
1996
119,442
1,194
5,972
5,972
11,944
17,916
29,860
29,860
59,721
59,721
1997
121,503
1,215
6,075
6,075
12,150
18,225
30,376
30,376
60,752
60,752
1998
123,776
1,238
6,189
6,189
12,378
18,566
30,944
30,944
61,888
61,888
1999
126,009
1,260
6,300
6,300
12,601
18,901
31,502
31,502
63,004
63,004
2000
128,227
1,282
6,411
6,411
12,823
19,234
32,057
32,057
64,114
64,114
IRS changed methodology, so data above and below this line not strictly comparable
2001
119,371
119
1,194
5,969
5,969
11,937
17,906
29,843
29,843
59,685
59,685
2002
119,851
120
1,199
5,993
5,993
11,985
17,978
29,963
29,963
59,925
59,925
2003
120,759
121
1,208
6,038
6,038
12,076
18,114
30,190
30,190
60,379
60,379
2004
122,510
123
1,225
6,125
6,125
12,251
18,376
30,627
30,627
61,255
61,255
2005
124,673
125
1,247
6,234
6,234
12,467
18,701
31,168
31,168
62,337
62,337
2006
128,441
128
1,284
6,422
6,422
12,844
19,266
32,110
32,110
64,221
64,221
2007
132,655
133
1,327
6,633
6,633
13,265
19,898
33,164
33,164
66,327
66,327
2008
132,892
133
1,329
6,645
6,645
13,289
19,934
33,223
33,223
66,446
66,446
2009
132,620
133
1,326
6,631
6,631
13,262
19,893
33,155
33,155
66,310
66,310
2010
135,033
135
1,350
6,752
6,752
13,503
20,255
33,758
33,758
67,517
67,517
2011
136,586
137
1,366
6,829
6,829
13,659
20,488
34,146
34,146
68,293
68,293
2012
136,080
136
1,361
6,804
6,804
13,608
20,412
34,020
34,020
68,040
68,040
Source: Internal Revenue Service.
Table 3. Adjusted Gross Income of Taxpayers in Various Income Brackets, 1980–2012 ($Billions)
Year
Total
Top 0.1%
Top 1%
Top 5%
Between 5% & 10%
Top 10%
Between 10% & 25%
Top 25%
Between 25% & 50%
Top 50%
Bottom 50%
1980
$1,627
$138
$342
$181
$523
$400
$922
$417
$1,339
$288
1981
$1,791
$149
$372
$201
$573
$442
$1,015
$458
$1,473
$318
1982
$1,876
$167
$398
$207
$605
$460
$1,065
$478
$1,544
$332
1983
$1,970
$183
$428
$217
$646
$481
$1,127
$498
$1,625
$344
1984
$2,173
$210
$482
$240
$723
$528
$1,251
$543
$1,794
$379
1985
$2,344
$235
$531
$260
$791
$567
$1,359
$580
$1,939
$405
1986
$2,524
$285
$608
$278
$887
$604
$1,490
$613
$2,104
$421
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987
$2,814
$347
$722
$316
$1,038
$671
$1,709
$664
$2,374
$440
1988
$3,124
$474
$891
$342
$1,233
$718
$1,951
$707
$2,658
$466
1989
$3,299
$468
$918
$368
$1,287
$768
$2,054
$751
$2,805
$494
1990
$3,451
$483
$953
$385
$1,338
$806
$2,144
$788
$2,933
$519
1991
$3,516
$457
$943
$400
$1,343
$832
$2,175
$809
$2,984
$532
1992
$3,681
$524
$1,031
$413
$1,444
$856
$2,299
$832
$3,131
$549
1993
$3,776
$521
$1,048
$426
$1,474
$883
$2,358
$854
$3,212
$563
1994
$3,961
$547
$1,103
$449
$1,552
$929
$2,481
$890
$3,371
$590
1995
$4,245
$620
$1,223
$482
$1,705
$985
$2,690
$938
$3,628
$617
1996
$4,591
$737
$1,394
$515
$1,909
$1,043
$2,953
$992
$3,944
$646
1997
$5,023
$873
$1,597
$554
$2,151
$1,116
$3,268
$1,060
$4,328
$695
1998
$5,469
$1,010
$1,797
$597
$2,394
$1,196
$3,590
$1,132
$4,721
$748
1999
$5,909
$1,153
$2,012
$641
$2,653
$1,274
$3,927
$1,199
$5,126
$783
2000
$6,424
$1,337
$2,267
$688
$2,955
$1,358
$4,314
$1,276
$5,590
$834
IRS changed methodology, so data above and below this line not strictly comparable
2001
$6,116
$492
$1,065
$1,934
$666
$2,600
$1,334
$3,933
$1,302
$5,235
$881
2002
$5,982
$421
$960
$1,812
$660
$2,472
$1,339
$3,812
$1,303
$5,115
$867
2003
$6,157
$466
$1,030
$1,908
$679
$2,587
$1,375
$3,962
$1,325
$5,287
$870
2004
$6,735
$615
$1,279
$2,243
$725
$2,968
$1,455
$4,423
$1,403
$5,826
$908
2005
$7,366
$784
$1,561
$2,623
$778
$3,401
$1,540
$4,940
$1,473
$6,413
$953
2006
$7,970
$895
$1,761
$2,918
$841
$3,760
$1,652
$5,412
$1,568
$6,980
$990
2007
$8,622
$1,030
$1,971
$3,223
$905
$4,128
$1,770
$5,898
$1,673
$7,571
$1,051
2008
$8,206
$826
$1,657
$2,868
$905
$3,773
$1,782
$5,555
$1,673
$7,228
$978
2009
$7,579
$602
$1,305
$2,439
$878
$3,317
$1,740
$5,058
$1,620
$6,678
$900
2010
$8,040
$743
$1,517
$2,716
$915
$3,631
$1,800
$5,431
$1,665
$7,096
$944
2011
$8,317
$737
$1,556
$2,819
$956
$3,775
$1,866
$5,641
$1,716
$7,357
$961
2012
$9,042
$1,017
$1,977
$3,331
$997
$4,328
$1,934
$6,262
$1,776
$8,038
$1,004
Source: Internal Revenue Service.
Table 4. Total Income Tax after Credits, 1980–2012 ($Billions)
Year
Total
Top 0.1%
Top 1%
Top 5%
Between 5% & 10%
Top 10%
Between 10% & 25%
Top 25%
Between 25% & 50%
Top 50%
Bottom 50%
1980
$249
$47
$92
$31
$123
$59
$182
$50
$232
$18
1981
$282
$50
$99
$36
$135
$69
$204
$57
$261
$21
1982
$276
$53
$100
$34
$134
$66
$200
$56
$256
$20
1983
$272
$55
$101
$34
$135
$64
$199
$54
$252
$19
1984
$297
$63
$113
$37
$150
$68
$219
$57
$276
$22
1985
$322
$70
$125
$41
$166
$73
$238
$60
$299
$23
1986
$367
$94
$156
$44
$201
$78
$279
$64
$343
$24
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987
$369
$92
$160
$46
$205
$79
$284
$63
$347
$22
1988
$413
$114
$188
$48
$236
$85
$321
$68
$389
$24
1989
$433
$109
$190
$51
$241
$93
$334
$73
$408
$25
1990
$447
$112
$195
$52
$248
$97
$344
$77
$421
$26
1991
$448
$111
$194
$56
$250
$96
$347
$77
$424
$25
1992
$476
$131
$218
$58
$276
$97
$374
$78
$452
$24
1993
$503
$146
$238
$60
$298
$101
$399
$80
$479
$24
1994
$535
$154
$254
$64
$318
$108
$425
$84
$509
$25
1995
$588
$178
$288
$70
$357
$115
$473
$88
$561
$27
1996
$658
$213
$335
$76
$411
$124
$535
$95
$630
$28
1997
$727
$241
$377
$82
$460
$134
$594
$102
$696
$31
1998
$788
$274
$425
$88
$513
$139
$652
$103
$755
$33
1999
$877
$317
$486
$97
$583
$150
$733
$109
$842
$35
2000
$981
$367
$554
$106
$660
$164
$824
$118
$942
$38
IRS changed methodology, so data above and below this line not strictly comparable
2001
$885
$139
$294
$462
$101
$564
$158
$722
$120
$842
$43
2002
$794
$120
$263
$420
$93
$513
$143
$657
$104
$761
$33
2003
$746
$115
$251
$399
$85
$484
$133
$617
$98
$715
$30
2004
$829
$142
$301
$467
$91
$558
$137
$695
$102
$797
$32
2005
$932
$176
$361
$549
$98
$647
$145
$793
$106
$898
$33
2006
$1,020
$196
$402
$607
$108
$715
$157
$872
$113
$986
$35
2007
$1,112
$221
$443
$666
$117
$783
$170
$953
$122
$1,075
$37
2008
$1,029
$187
$386
$597
$115
$712
$168
$880
$117
$997
$32
2009
$863
$146
$314
$502
$101
$604
$146
$749
$93
$842
$21
2010
$949
$170
$355
$561
$110
$670
$156
$827
$100
$927
$22
2011
$1,043
$168
$366
$589
$123
$712
$181
$893
$120
$1,012
$30
2012
$1,185
$220
$451
$699
$133
$831
$193
$1,024
$128
$1,152
$33
Source: Internal Revenue Service.
Table 5. Adjusted Gross Income Shares, 1980–2012 (percent of total AGI earned by each group)
Year
Total
Top 0.1%
Top 1%
Top 5%
Between 5% & 10%
Top 10%
Between 10% & 25%
Top 25%
Between 25% & 50%
Top 50%
Bottom 50%
1980
100%
8.46%
21.01%
11.12%
32.13%
24.57%
56.70%
25.62%
82.32%
17.68%
1981
100%
8.30%
20.78%
11.20%
31.98%
24.69%
56.67%
25.59%
82.25%
17.75%
1982
100%
8.91%
21.23%
11.03%
32.26%
24.53%
56.79%
25.50%
82.29%
17.71%
1983
100%
9.29%
21.74%
11.04%
32.78%
24.44%
57.22%
25.30%
82.52%
17.48%
1984
100%
9.66%
22.19%
11.06%
33.25%
24.31%
57.56%
25.00%
82.56%
17.44%
1985
100%
10.03%
22.67%
11.10%
33.77%
24.21%
57.97%
24.77%
82.74%
17.26%
1986
100%
11.30%
24.11%
11.02%
35.12%
23.92%
59.04%
24.30%
83.34%
16.66%
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987
100%
12.32%
25.67%
11.23%
36.90%
23.85%
60.75%
23.62%
84.37%
15.63%
1988
100%
15.16%
28.51%
10.94%
39.45%
22.99%
62.44%
22.63%
85.07%
14.93%
1989
100%
14.19%
27.84%
11.16%
39.00%
23.28%
62.28%
22.76%
85.04%
14.96%
1990
100%
14.00%
27.62%
11.15%
38.77%
23.36%
62.13%
22.84%
84.97%
15.03%
1991
100%
12.99%
26.83%
11.37%
38.20%
23.65%
61.85%
23.01%
84.87%
15.13%
1992
100%
14.23%
28.01%
11.21%
39.23%
23.25%
62.47%
22.61%
85.08%
14.92%
1993
100%
13.79%
27.76%
11.29%
39.05%
23.40%
62.45%
22.63%
85.08%
14.92%
1994
100%
13.80%
27.85%
11.34%
39.19%
23.45%
62.64%
22.48%
85.11%
14.89%
1995
100%
14.60%
28.81%
11.35%
40.16%
23.21%
63.37%
22.09%
85.46%
14.54%
1996
100%
16.04%
30.36%
11.23%
41.59%
22.73%
64.32%
21.60%
85.92%
14.08%
1997
100%
17.38%
31.79%
11.03%
42.83%
22.22%
65.05%
21.11%
86.16%
13.84%
1998
100%
18.47%
32.85%
10.92%
43.77%
21.87%
65.63%
20.69%
86.33%
13.67%
1999
100%
19.51%
34.04%
10.85%
44.89%
21.57%
66.46%
20.29%
86.75%
13.25%
2000
100%
20.81%
35.30%
10.71%
46.01%
21.15%
67.15%
19.86%
87.01%
12.99%
IRS changed methodology, so data above and below this line not strictly comparable
2001
100%
8.05%
17.41%
31.61%
10.89%
42.50%
21.80%
64.31%
21.29%
85.60%
14.40%
2002
100%
7.04%
16.05%
30.29%
11.04%
41.33%
22.39%
63.71%
21.79%
85.50%
14.50%
2003
100%
7.56%
16.73%
30.99%
11.03%
42.01%
22.33%
64.34%
21.52%
85.87%
14.13%
2004
100%
9.14%
18.99%
33.31%
10.77%
44.07%
21.60%
65.68%
20.83%
86.51%
13.49%
2005
100%
10.64%
21.19%
35.61%
10.56%
46.17%
20.90%
67.07%
19.99%
87.06%
12.94%
2006
100%
11.23%
22.10%
36.62%
10.56%
47.17%
20.73%
67.91%
19.68%
87.58%
12.42%
2007
100%
11.95%
22.86%
37.39%
10.49%
47.88%
20.53%
68.41%
19.40%
87.81%
12.19%
2008
100%
10.06%
20.19%
34.95%
11.03%
45.98%
21.71%
67.69%
20.39%
88.08%
11.92%
2009
100%
7.94%
17.21%
32.18%
11.59%
43.77%
22.96%
66.74%
21.38%
88.12%
11.88%
2010
100%
9.24%
18.87%
33.78%
11.38%
45.17%
22.38%
67.55%
20.71%
88.26%
11.74%
2011
100%
8.86%
18.70%
33.89%
11.50%
45.39%
22.43%
67.82%
20.63%
88.45%
11.55%
2012
100%
11.25%
21.86%
36.84%
11.03%
47.87%
21.39%
69.25%
19.64%
88.90%
11.10%
Source: Internal Revenue Service.
Table 6. Total Income Tax Shares, 1980–2012 (percent of federal income tax paid by each group)
Year
Total
Top 0.1%
Top 1%
Top 5%
Between 5% & 10%
Top 10%
Between 10% & 25%
Top 25%
Between 25% & 50%
Top 50%
Bottom 50%
1980
100%
19.05%
36.84%
12.44%
49.28%
23.74%
73.02%
19.93%
92.95%
7.05%
1981
100%
17.58%
35.06%
12.90%
47.96%
24.33%
72.29%
20.26%
92.55%
7.45%
1982
100%
19.03%
36.13%
12.45%
48.59%
23.91%
72.50%
20.15%
92.65%
7.35%
1983
100%
20.32%
37.26%
12.44%
49.71%
23.39%
73.10%
19.73%
92.83%
7.17%
1984
100%
21.12%
37.98%
12.58%
50.56%
22.92%
73.49%
19.16%
92.65%
7.35%
1985
100%
21.81%
38.78%
12.67%
51.46%
22.60%
74.06%
18.77%
92.83%
7.17%
1986
100%
25.75%
42.57%
12.12%
54.69%
21.33%
76.02%
17.52%
93.54%
6.46%
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987
100%
24.81%
43.26%
12.35%
55.61%
21.31%
76.92%
17.02%
93.93%
6.07%
1988
100%
27.58%
45.62%
11.66%
57.28%
20.57%
77.84%
16.44%
94.28%
5.72%
1989
100%
25.24%
43.94%
11.85%
55.78%
21.44%
77.22%
16.94%
94.17%
5.83%
1990
100%
25.13%
43.64%
11.73%
55.36%
21.66%
77.02%
17.16%
94.19%
5.81%
1991
100%
24.82%
43.38%
12.45%
55.82%
21.46%
77.29%
17.23%
94.52%
5.48%
1992
100%
27.54%
45.88%
12.12%
58.01%
20.47%
78.48%
16.46%
94.94%
5.06%
1993
100%
29.01%
47.36%
11.88%
59.24%
20.03%
79.27%
15.92%
95.19%
4.81%
1994
100%
28.86%
47.52%
11.93%
59.45%
20.10%
79.55%
15.68%
95.23%
4.77%
1995
100%
30.26%
48.91%
11.84%
60.75%
19.62%
80.36%
15.03%
95.39%
4.61%
1996
100%
32.31%
50.97%
11.54%
62.51%
18.80%
81.32%
14.36%
95.68%
4.32%
1997
100%
33.17%
51.87%
11.33%
63.20%
18.47%
81.67%
14.05%
95.72%
4.28%
1998
100%
34.75%
53.84%
11.20%
65.04%
17.65%
82.69%
13.10%
95.79%
4.21%
1999
100%
36.18%
55.45%
11.00%
66.45%
17.09%
83.54%
12.46%
96.00%
4.00%
2000
100%
37.42%
56.47%
10.86%
67.33%
16.68%
84.01%
12.08%
96.09%
3.91%
IRS changed methodology, so data above and below this line not strictly comparable
2001
100%
15.68%
33.22%
52.24%
11.44%
63.68%
17.88%
81.56%
13.54%
95.10%
4.90%
2002
100%
15.09%
33.09%
52.86%
11.77%
64.63%
18.04%
82.67%
13.12%
95.79%
4.21%
2003
100%
15.37%
33.69%
53.54%
11.35%
64.89%
17.87%
82.76%
13.17%
95.93%
4.07%
2004
100%
17.12%
36.28%
56.35%
10.96%
67.30%
16.52%
83.82%
12.31%
96.13%
3.87%
2005
100%
18.91%
38.78%
58.93%
10.52%
69.46%
15.61%
85.07%
11.35%
96.41%
3.59%
2006
100%
19.24%
39.36%
59.49%
10.59%
70.08%
15.41%
85.49%
11.10%
96.59%
3.41%
2007
100%
19.84%
39.81%
59.90%
10.51%
70.41%
15.30%
85.71%
10.93%
96.64%
3.36%
2008
100%
18.20%
37.51%
58.06%
11.14%
69.20%
16.37%
85.57%
11.33%
96.90%
3.10%
2009
100%
16.91%
36.34%
58.17%
11.72%
69.89%
16.85%
86.74%
10.80%
97.54%
2.46%
2010
100%
17.88%
37.38%
59.07%
11.55%
70.62%
16.49%
87.11%
10.53%
97.64%
2.36%
2011
100%
16.14%
35.06%
56.49%
11.77%
68.26%
17.36%
85.62%
11.50%
97.11%
2.89%
2012
100%
18.60%
38.09%
58.95%
11.22%
70.17%
16.25%
86.42%
10.80%
97.22%
2.78%
Source: Internal Revenue Service.
Table 7. Dollar Cut-Off, 1980–2012 (minimum AGI for tax return to fall into various percentiles; thresholds not adjusted for inflation)
Year
Top 0.1%
Top 1%
Top 5%
Top 10%
Top 25%
Top 50%
1980
$80,580
$43,792
$35,070
$23,606
$12,936
1981
$85,428
$47,845
$38,283
$25,655
$14,000
1982
$89,388
$49,284
$39,676
$27,027
$14,539
1983
$93,512
$51,553
$41,222
$27,827
$15,044
1984
$100,889
$55,423
$43,956
$29,360
$15,998
1985
$108,134
$58,883
$46,322
$30,928
$16,688
1986
$118,818
$62,377
$48,656
$32,242
$17,302
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987
$139,289
$68,414
$52,921
$33,983
$17,768
1988
$157,136
$72,735
$55,437
$35,398
$18,367
1989
$163,869
$76,933
$58,263
$36,839
$18,993
1990
$167,421
$79,064
$60,287
$38,080
$19,767
1991
$170,139
$81,720
$61,944
$38,929
$20,097
1992
$181,904
$85,103
$64,457
$40,378
$20,803
1993
$185,715
$87,386
$66,077
$41,210
$21,179
1994
$195,726
$91,226
$68,753
$42,742
$21,802
1995
$209,406
$96,221
$72,094
$44,207
$22,344
1996
$227,546
$101,141
$74,986
$45,757
$23,174
1997
$250,736
$108,048
$79,212
$48,173
$24,393
1998
$269,496
$114,729
$83,220
$50,607
$25,491
1999
$293,415
$120,846
$87,682
$52,965
$26,415
2000
$313,469
$128,336
$92,144
$55,225
$27,682
IRS changed methodology, so data above and below this line not strictly comparable
2001
$1,393,718
$306,635
$132,082
$96,151
$59,026
$31,418
2002
$1,245,352
$296,194
$130,750
$95,699
$59,066
$31,299
2003
$1,317,088
$305,939
$133,741
$97,470
$59,896
$31,447
2004
$1,617,918
$339,993
$140,758
$101,838
$62,794
$32,622
2005
$1,938,175
$379,261
$149,216
$106,864
$64,821
$33,484
2006
$2,124,625
$402,603
$157,390
$112,016
$67,291
$34,417
2007
$2,251,017
$426,439
$164,883
$116,396
$69,559
$35,541
2008
$1,867,652
$392,513
$163,512
$116,813
$69,813
$35,340
2009
$1,469,393
$351,968
$157,342
$114,181
$68,216
$34,156
2010
$1,634,386
$369,691
$161,579
$116,623
$69,126
$34,338
2011
$1,717,675
$388,905
$167,728
$120,136
$70,492
$34,823
2012
$2,161,175
$434,682
$175,817
$125,195
$73,354
$36,055
Source: Internal Revenue Service.
Table 8. Average Tax Rate, 1980–2012 (percent of AGI paid in income taxes)
Year
Total
Top 0.1%
Top 1%
Top 5%
Between 5% & 10%
Top 10%
Between 10% & 25%
Top 25%
Between 25% & 50%
Top 50%
Bottom 50%
1980
15.31%
34.47%
26.85%
17.13%
23.49%
14.80%
19.72%
11.91%
17.29%
6.10%
1981
15.76%
33.37%
26.59%
18.16%
23.64%
15.53%
20.11%
12.48%
17.73%
6.62%
1982
14.72%
31.43%
25.05%
16.61%
22.17%
14.35%
18.79%
11.63%
16.57%
6.10%
1983
13.79%
30.18%
23.64%
15.54%
20.91%
13.20%
17.62%
10.76%
15.52%
5.66%
1984
13.68%
29.92%
23.42%
15.57%
20.81%
12.90%
17.47%
10.48%
15.35%
5.77%
1985
13.73%
29.86%
23.50%
15.69%
20.93%
12.83%
17.55%
10.41%
15.41%
5.70%
1986
14.54%
33.13%
25.68%
15.99%
22.64%
12.97%
18.72%
10.48%
16.32%
5.63%
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987
13.12%
26.41%
22.10%
14.43%
19.77%
11.71%
16.61%
9.45%
14.60%
5.09%
1988
13.21%
24.04%
21.14%
14.07%
19.18%
11.82%
16.47%
9.60%
14.64%
5.06%
1989
13.12%
23.34%
20.71%
13.93%
18.77%
12.08%
16.27%
9.77%
14.53%
5.11%
1990
12.95%
23.25%
20.46%
13.63%
18.50%
12.01%
16.06%
9.73%
14.36%
5.01%
1991
12.75%
24.37%
20.62%
13.96%
18.63%
11.57%
15.93%
9.55%
14.20%
4.62%
1992
12.94%
25.05%
21.19%
13.99%
19.13%
11.39%
16.25%
9.42%
14.44%
4.39%
1993
13.32%
28.01%
22.71%
14.01%
20.20%
11.40%
16.90%
9.37%
14.90%
4.29%
1994
13.50%
28.23%
23.04%
14.20%
20.48%
11.57%
17.15%
9.42%
15.11%
4.32%
1995
13.86%
28.73%
23.53%
14.46%
20.97%
11.71%
17.58%
9.43%
15.47%
4.39%
1996
14.34%
28.87%
24.07%
14.74%
21.55%
11.86%
18.12%
9.53%
15.96%
4.40%
1997
14.48%
27.64%
23.62%
14.87%
21.36%
12.04%
18.18%
9.63%
16.09%
4.48%
1998
14.42%
27.12%
23.63%
14.79%
21.42%
11.63%
18.16%
9.12%
16.00%
4.44%
1999
14.85%
27.53%
24.18%
15.06%
21.98%
11.76%
18.66%
9.12%
16.43%
4.48%
2000
15.26%
27.45%
24.42%
15.48%
22.34%
12.04%
19.09%
9.28%
16.86%
4.60%
IRS changed methodology, so data above and below this line not strictly comparable
2001
14.47%
28.17%
27.60%
23.91%
15.20%
21.68%
11.87%
18.35%
9.20%
16.08%
4.92%
2002
13.28%
28.48%
27.37%
23.17%
14.15%
20.76%
10.70%
17.23%
8.00%
14.87%
3.86%
2003
12.11%
24.60%
24.38%
20.92%
12.46%
18.70%
9.69%
15.57%
7.41%
13.53%
3.49%
2004
12.31%
23.06%
23.52%
20.83%
12.53%
18.80%
9.41%
15.71%
7.27%
13.68%
3.53%
2005
12.65%
22.48%
23.15%
20.93%
12.61%
19.03%
9.45%
16.04%
7.18%
14.01%
3.51%
2006
12.80%
21.94%
22.80%
20.80%
12.84%
19.02%
9.52%
16.12%
7.22%
14.12%
3.51%
2007
12.90%
21.42%
22.46%
20.66%
12.92%
18.96%
9.61%
16.16%
7.27%
14.19%
3.56%
2008
12.54%
22.67%
23.29%
20.83%
12.66%
18.87%
9.45%
15.85%
6.97%
13.79%
3.26%
2009
11.39%
24.28%
24.05%
20.59%
11.53%
18.19%
8.36%
14.81%
5.76%
12.61%
2.35%
2010
11.81%
22.84%
23.39%
20.64%
11.98%
18.46%
8.70%
15.22%
6.01%
13.06%
2.37%
2011
12.54%
22.82%
23.50%
20.89%
12.83%
18.85%
9.70%
15.82%
6.98%
13.76%
3.13%
2012
13.11%
21.67%
22.83%
20.97%
13.33%
19.21%
9.96%
16.35%
7.21%
14.33%
3.28%
Source: Internal Revenue Service.
(1) For data prior to 2001, all tax returns that have a positive AGI are included, even those that do not have a positive income tax liability. For data from 2001 forward, returns with negative AGI are also included, but dependent returns are excluded.
(2) Income tax after credits (the tax measure above) does not account for the refundable portion of EITC. If it were included (as is often the case with other organizations), the tax share of the top income groups would be higher. The refundable portion is legally classified as a spending program by the Office of Management and Budget and therefore is not included by the IRS in these figures.
(3) The only tax analyzed here is the federal individual income tax, which is responsible for about 25 percent of the nation’s taxes paid (at all levels of government). Federal income taxes are much more progressive than payroll taxes, which are responsible for about 20 percent of all taxes paid (at all levels of government), and are more progressive than most state and local taxes (depending upon the economic assumption made about property taxes and corporate income taxes).
(4) AGI is a fairly narrow income concept and does not include income items like government transfers (except for the portion of Social Security benefits that is taxed), the value of employer-provided health insurance, underreported or unreported income (most notably that of sole proprietors), income derived from municipal bond interest, net imputed rental income, worker’s compensation benefits, and others.
(5) Tax return is the unit of analysis, which is broader than households, especially for those at the bottom end, many of which are dependent returns (prior to 2001). Some dependent returns are included in the figures here prior to 2001, and under other units of analysis (like the Treasury Department’s Family Economic Unit) would likely be paired with their parents’ returns.
(6) These figures represent the legal incidence of the income tax, although most distributional tables (such as those from CBO, Tax Policy Center, Citizens for Tax Justice, the Treasury Department, and JCT) assume that the entire economic incidence of personal income taxes falls on the income earner.
Story 1: Hell On Wheels — Government Train Wreck Kills 8, Injures 200 Plus — Speeding At Over 100 Miles Per Hour in A 50 MPH Zone — Northeast Regional Train 188, from Washington to New York — Democrats Want More Money and Subsidies For Amtrak — Stop Subsidizing Silly Walks — $1 Billion Per Year For 44 Years in Subsidies To Amtrak — $45 Billion Total — Hell of A Way To Run A Railroad — Shut It Down — Videos
In an aerial photo, emergency personnel work at the scene of a deadly train wreck, Wednesday, May 13, 2015, in Philadelphia, after a fatal Amtrak derailment Tuesday night, in the Port Richmond section of Philadelphia. Federal investigators arrived Wednesday to determine why an Amtrak train jumped the tracks in a wreck that killed at least six people, and injured dozens. (AP Photo/Patrick Semansky)
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Source: Amtrak train thought to be going twice as fast as it should have been
How do all seven cars and the engine of an Amtrak train jump the rails, sending passengers, luggage, laptops and more flying?
One possibility jumped ahead of all others Wednesday: speed.
Authorities haven’t said, definitively, what caused the derailment of Amtrak Northeast Regional Train 188 in Philadelphia on Tuesday night. But a source briefed by investigators said the train was believed to have been traveling in excess of 100 mph. That would be about twice the 50 mph speed limit for the curve it was in.
An official with direct knowledge of the investigation earlier said that authorities were focusing on speed as a possible cause, given the angles of the wreckage and type of damage to the cars. The recorder, or “black box,” discovered at the scene could be pivotal by showing just that, former National Transportation Safety Board official John Goglia said.
Peter Goelz, also once a top NTSB figure and now a CNN analyst, predicted that a definitive conclusion could come soon.
“I’m afraid that this train might be going too fast for this turn,” he said.
NTSB board member Robert Sumwalt has said only that his team will examine things such as the condition of the track and the train, how the signals operated and “human performance.”
Even if it’s determined the train was going too fast, that could be due to the engineer or a mechanical issue, like faulty brakes.
“You have a lot of questions, we have a lot of questions,” Sumwalt told reporters late Wednesday morning. “We intend to answer many of those questions in the next 24 to 48 hours.”
Midshipman, AP staffer among the 7 dead
Whatever the cause, it doesn’t change the suffering that many experienced Wednesday — be they survivors dealing with physical and emotional trauma, or relatives of the seven people killed after a few frenetic, horrific moments. Some 238 passengers and five crew members were on the train when it crashed around 9:30 p.m. Tuesday.
One of those who didn’t make it was Jim Gaines, a father of two who worked as a video software architect for The Associated Press, his company said.
Another was a U.S. Naval Academy midshipman in full uniform heading home to New York on leave from the Annapolis, Maryland, school. A family member described 20-year-old Justin Zemser as a great person and genius whose death has left his parents “beside themselves.”
Hospitals have treated more than 200 others, at least half of whom have been released. That figure included eight in critical condition among the 25 wounded passengers at Temple University Hospital — the closest trauma center to the crash site — according to Herb Cushing, the hospital’s medical director.
He said many passengers were injured when other passengers or objects fell on them. One of those hurt is the train’s engineer, who received medical treatment and was interviewed by police, Philadelphia Mayor Michael Nutter said.
Authorities have not ruled out the possibility of more victims at the crash site.
“We are heartbroken by what we’ve experienced here,” Nutter said Wednesday morning. “We have not experienced anything like this in modern times.”
The miracle may be how some escaped relatively unscathed, given the severity of the derailment. A U.S. Department of Transportation representative told CNN that the engine and two cars were left standing upright, three cars were tipped on their sides, and one was nearly flipped over on its roof. The seventh one was “leaning hard.”
“It is amazing,” Nutter told CNN. “I saw some people last night literally walking off that train. I don’t know how they did it.”
FBI: No indication of terrorism in Amtrak train derailment01:08
PLAY VIDEO
The Washington-New York corridor is the busiest stretch for Amtrak nationwide. Hundreds of trains, carrying thousands of passengers, have made that trip in recent years, most of them rolling seamlessly from start to finish on a roughly 3½-hour journey.
That’s what seemed to be happening Tuesday night, passenger Daniel Wetrin told CNN.
“Everything was normal,” he said. “Then it was just chaos.”
Former U.S. Rep. Patrick Murphy tweeted he was aboard the train when it crashed. “Helping others,” he said. “Pray for those injured.” Later he shared this photo that showed a firefighter inside the train.
Jeremy Wladis was in the very last car, eating, when he noticed the train starting to do “funny things. And it gradually starts getting worse and worse.”
Things started flying — phones, laptops. “Then people.”
“There were two people in the luggage rack above my head. Two women, catapulted (there).”
As she read a book in the second-to-last car, Janna D’Ambrisi said, she “felt like we were going a little too fast around a curve. The car she was in started to tip, and she was thrown onto another girl.
“People started to fall on us,” she said. “I just held on to her leg and sort of bowed my head and I was kind of praying, ‘Please make it stop.’ “
Fortunately, D’Ambrisi’s train car didn’t tip over and she made it out safely. She credited many people — including one fellow passenger who guided people with his shoes off — for stepping up.
“Everyone was just trying to help the people who were injured, who had blood coming out of their head, their noses, to help them sit down in the dirt away from the rails,” she said.
The locomotive was built by Siemens and delivered to Amtrak in 2014 specifically for its Northeast Corridor service, a Siemens official said. That makes it fairly new, which doesn’t rule out the train’s condition playing a role in the crash but seemingly makes it less likely.
One factor that can’t be discounted is where the crash happened.
Josh Earnest responds to Philadelphia train derailment03:09
PLAY VIDEO
“It’s an extremely heavily used stretch of track,” transportation analyst Matthew L. Wald said of the area. “They have trouble keeping it in a state of good repair.”
The derailment was Amtrak’s ninth this year alone, according to the Federal Railroad Administration, and while its cause has not yet been determined, some, like Wald, are already discussing the nation’s aging rail infrastructure.
Noting President Barack Obama’s commitment to upgrading the country’s infrastructure, White House press secretary Josh Earnest said that the Obama administration is “hard at work” trying to figure out what caused the crash, and that their thoughts and prayers are with the families of everyone affected.
“Along the Northeast Corridor, Amtrak is a way of life for many,” the President said later in a statement. “From Washington, D.C., and Philadelphia to New York City and Boston, this is a tragedy that touches us all.”
Congressional Republicans were elected on a platform of cutting spending, but taxpayers will continue to pay for Amtrak’s losses for at least 5 more years if a bill that just passed the House becomes law. Can’t Congress do better?
Amtrak has cost the government over $45 billion in subsidies over the last 44 years, allowing it to finance the upkeep of unprofitable routes, overstaffed trains, and the mismanagement of its food services.
The bipartisan Passenger Rail Reform and Investment Act of 2015 would subsidize Amtrak by an estimated $7 billion from 2016 to 2020. It passed the House by 316 votes to 101 votes on Wednesday and is now headed to the Senate and, presumably, President Obama’s signature. Amtrak has been operating without official funding authorization since the previous bill expired in October 2013.
Despite generous taxpayer subsidies, Amtrak has run operating losses every year since it began operating in 1971. Although these losses are declining, in 2014, the railroad reported what it described as a “strong” result, with an operating loss of only $227 million.
The operating loss is unlikely to continue to decline due to the losses in Amtrak’s long-distance routes, which bleed about $600 million annually. After factoring in depreciation and other expenses, Amtrak lost a total of $1.1 billion in 2014.
The railroad’s food and beverage service has been singled out in recent years by both government watchdogs and Congress for its wasteful use of government subsidies. Amtrak lost over $900 million from 2003 to 2013 on food services alone.
In a 2012 congressional hearing, Rep. John Mica (R-FL) noted that a $9 cheeseburger sold on an Amtrak train actually costs $16 after factoring in the services’ operating expenses, and the $7 shortfall is subsidized taxpayers. A 2013 Inspector General report found that employee-pass riders who are offered free trips on Amtrak also received complimentary meals, resulting in a $240,000 loss for the railroad in 2012.
A provision in the 2015 bill requires Amtrak to develop and implement a plan to eliminate the losses from its food and beverage in five years, but a similar rule passed decades ago failed to achieve savings. Amtrak was required by Congress to turn a profit from its food and beverage service in 1981, but the railroad never complied. A 1997 law went a step further by requiring Amtrak to operate subsidy-free by 2002, but losses continued, along with government subsidies.
The 2015 bill lacks an effective mechanism to force Amtrak’s food service to become solvent in an enforceable timeframe, thus allowing Amtrak to continue losing money without fear of losing its subsidies. The millions lost from its food services are dwarfed by the billions spent on labor costs and mismanagement of funds, and will continue as long as subsidies prevent accountability for the losses.
The $1 billion in annual subsidies have not covered all of Amtrak’s expenses, and the company has incurred an estimated $1 billion in non-federal debt. The 2015 bill authorizes $625 million in federal funds to pre-pay Amtrak’s non-federal debt as the railroad has been unable to renegotiate favorable terms to result in savings.
Amtrak’s largest expense is labor, salary, and benefits, which cost over $2 billion in 2014. Maintaining fully-staffed trains on infrequently-traveled routes has contributed to high labor costs, but the pay rate of Amtrak’s employees raise its costs substantially. The average onboard employee made $41.19 an hour on Amtrak in 2012, while railroads that contracted out services to private companies paid their employees $7.75 to $13.00 an hour.
Base pay may already be substantial, but regulations and poor oversight allowed employees to pocket $185 million in overtime pay in 2013. The management allowed employee misconduct and wasteful business practices to thrive, even as at the same time it hindered plans to make train stations accessible to the disabled to comply with the Americans with Disability Program.
Amtrak’s did not meet ADA’s goals due to lack of structure and a strategy, according to a 2014 IG report. Management activities took up 46% of the $100 million budget, $6.5 million was spent on unrelated projects, and an undetermined amount was shipped out of state on non-ADA projects.
The ADA program’s failure was rooted in a lack of vision, goals and objectives, and was compounded by a lack of accountability and decision making authority. The IG’s summation of the ADA program reflects problems inherent to Amtrak’s culture. Its promises of reform have never fully materialized into solvency, and its failure to follow congressional mandates never resulted in penalties. Amtrak has never made a profit because it doesn’t need to.
Privatizing Amtrak is the only option certain to prevent billions of taxpayer dollars from being wasted while providing the benefits that accompany competitive services. Congress should develop a plan to privatize the railroad and allow for private companies to compete for routes.
America has successfully privatized rail before, as freight railroads were once unprofitable enterprises subsidized by the federal government until the industry was deregulated and sold to private investors in the 1980s. The industry has thrived since routes were opened up to competition.
Amtrak has had 44 years to become solvent without success. Reducing labor costs can be an effective interim measure, but deregulating the passenger rail system is the best way to ensure improved service and lower fares for consumers. Cutting Amtrak’s subsidies and ending its monopoly is a responsible alternative to passing inneffective reforms.
Story 2: United States Economy Keeps Stagnating Along With Low Real GDP Economic Growth Rates Below 3% and Labor Participation Rates Below 66% — Obama’s Failed Economic Policies and Massive Deficits and Debt — Videos
Ep 81: The April Jobs Report and My Encounter With Ben Bernanke
U.S. gains 223,000 jobs in April
Labor Force Participation Rate
Labor participation rate is down to unprecedented levels
Governor Perry: Labor Force Participation Rate Reveals a ‘Sick Economy’
WSJ Markets Wrap: May 8, 2015
Modern Wall Street AM Anticipation: May 8, 2015
Weekly Market Wrap Up – May, 8 2015
May 8, 2015 Financial News – Business News – Stock Exchange – NYSE – Market News
Closing Bell Happy Hour: May 8, 2015
April Produces Encouraging Jobs Report
Civilian Labor Force Level
157,072,00
Series Id: LNS11000000
Seasonally Adjusted
Series title: (Seas) Civilian Labor Force Level
Labor force status: Civilian labor force
Type of data: Number in thousands
Age: 16 years and over
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2000
142267(1)
142456
142434
142751
142388
142591
142278
142514
142518
142622
142962
143248
2001
143800
143701
143924
143569
143318
143357
143654
143284
143989
144086
144240
144305
2002
143883
144653
144481
144725
144938
144808
144803
145009
145552
145314
145041
145066
2003
145937(1)
146100
146022
146474
146500
147056
146485
146445
146530
146716
147000
146729
2004
146842(1)
146709
146944
146850
147065
147460
147692
147564
147415
147793
148162
148059
2005
148029(1)
148364
148391
148926
149261
149238
149432
149779
149954
150001
150065
150030
2006
150214(1)
150641
150813
150881
151069
151354
151377
151716
151662
152041
152406
152732
2007
153144(1)
152983
153051
152435
152670
153041
153054
152749
153414
153183
153835
153918
2008
154063(1)
153653
153908
153769
154303
154313
154469
154641
154570
154876
154639
154655
2009
154210(1)
154538
154133
154509
154747
154716
154502
154307
153827
153784
153878
153111
2010
153484(1)
153694
153954
154622
154091
153616
153691
154086
153975
153635
154125
153650
2011
153314(1)
153227
153377
153566
153492
153350
153276
153746
154085
153935
154089
153961
2012
154445(1)
154739
154765
154589
154899
155088
154927
154726
155060
155491
155305
155553
2013
155825(1)
155396
155026
155401
155562
155761
155632
155529
155548
154615
155304
155047
2014
155486(1)
155688
156180
155420
155629
155700
156048
156018
155845
156243
156402
156129
2015
157180(1)
157002
156906
157072
1 : Data affected by changes in population controls.
Labor Force Participation Rate
62.8%
Series Id: LNS11300000
Seasonally Adjusted
Series title: (Seas) Labor Force Participation Rate
Labor force status: Civilian labor force participation rate
Type of data: Percent or rate
Age: 16 years and over
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2000
67.3
67.3
67.3
67.3
67.1
67.1
66.9
66.9
66.9
66.8
66.9
67.0
2001
67.2
67.1
67.2
66.9
66.7
66.7
66.8
66.5
66.8
66.7
66.7
66.7
2002
66.5
66.8
66.6
66.7
66.7
66.6
66.5
66.6
66.7
66.6
66.4
66.3
2003
66.4
66.4
66.3
66.4
66.4
66.5
66.2
66.1
66.1
66.1
66.1
65.9
2004
66.1
66.0
66.0
65.9
66.0
66.1
66.1
66.0
65.8
65.9
66.0
65.9
2005
65.8
65.9
65.9
66.1
66.1
66.1
66.1
66.2
66.1
66.1
66.0
66.0
2006
66.0
66.1
66.2
66.1
66.1
66.2
66.1
66.2
66.1
66.2
66.3
66.4
2007
66.4
66.3
66.2
65.9
66.0
66.0
66.0
65.8
66.0
65.8
66.0
66.0
2008
66.2
66.0
66.1
65.9
66.1
66.1
66.1
66.1
66.0
66.0
65.9
65.8
2009
65.7
65.8
65.6
65.7
65.7
65.7
65.5
65.4
65.1
65.0
65.0
64.6
2010
64.8
64.9
64.9
65.2
64.9
64.6
64.6
64.7
64.6
64.4
64.6
64.3
2011
64.2
64.2
64.2
64.2
64.1
64.0
64.0
64.1
64.2
64.1
64.1
64.0
2012
63.7
63.8
63.8
63.7
63.8
63.8
63.7
63.5
63.6
63.7
63.6
63.7
2013
63.7
63.5
63.3
63.4
63.4
63.4
63.3
63.2
63.2
62.8
63.0
62.8
2014
63.0
63.0
63.2
62.8
62.8
62.8
62.9
62.9
62.7
62.8
62.9
62.7
2015
62.9
62.8
62.7
62.8
Employment Level
148, 523, 000
Series Id: LNS12000000
Seasonally Adjusted
Series title: (Seas) Employment Level
Labor force status: Employed
Type of data: Number in thousands
Age: 16 years and over
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2000
136559(1)
136598
136701
137270
136630
136940
136531
136662
136893
137088
137322
137614
2001
137778
137612
137783
137299
137092
136873
137071
136241
136846
136392
136238
136047
2002
135701
136438
136177
136126
136539
136415
136413
136705
137302
137008
136521
136426
2003
137417(1)
137482
137434
137633
137544
137790
137474
137549
137609
137984
138424
138411
2004
138472(1)
138542
138453
138680
138852
139174
139556
139573
139487
139732
140231
140125
2005
140245(1)
140385
140654
141254
141609
141714
142026
142434
142401
142548
142499
142752
2006
143150(1)
143457
143741
143761
144089
144353
144202
144625
144815
145314
145534
145970
2007
146028(1)
146057
146320
145586
145903
146063
145905
145682
146244
145946
146595
146273
2008
146378(1)
146156
146086
146132
145908
145737
145532
145203
145076
144802
144100
143369
2009
142152(1)
141640
140707
140656
140248
140009
139901
139492
138818
138432
138659
138013
2010
138438(1)
138581
138751
139297
139241
139141
139179
139438
139396
139119
139044
139301
2011
139267(1)
139400
139649
139610
139639
139392
139520
139940
140156
140336
140780
140890
2012
141633(1)
141911
142069
141953
142231
142400
142270
142277
142953
143350
143279
143280
2013
143328(1)
143429
143374
143665
143890
144025
144275
144288
144297
143453
144490
144671
2014
145206(1)
145301
145796
145724
145868
146247
146401
146451
146607
147260
147331
147442
2015
148201(1)
148297
148331
148523
1 : Data affected by changes in population controls.
Unemployment Level 8,549,000
Series Id: LNS13000000
Seasonally Adjusted
Series title: (Seas) Unemployment Level
Labor force status: Unemployed
Type of data: Number in thousands
Age: 16 years and over
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2000
5708
5858
5733
5481
5758
5651
5747
5853
5625
5534
5639
5634
2001
6023
6089
6141
6271
6226
6484
6583
7042
7142
7694
8003
8258
2002
8182
8215
8304
8599
8399
8393
8390
8304
8251
8307
8520
8640
2003
8520
8618
8588
8842
8957
9266
9011
8896
8921
8732
8576
8317
2004
8370
8167
8491
8170
8212
8286
8136
7990
7927
8061
7932
7934
2005
7784
7980
7737
7672
7651
7524
7406
7345
7553
7453
7566
7279
2006
7064
7184
7072
7120
6980
7001
7175
7091
6847
6727
6872
6762
2007
7116
6927
6731
6850
6766
6979
7149
7067
7170
7237
7240
7645
2008
7685
7497
7822
7637
8395
8575
8937
9438
9494
10074
10538
11286
2009
12058
12898
13426
13853
14499
14707
14601
14814
15009
15352
15219
15098
2010
15046
15113
15202
15325
14849
14474
14512
14648
14579
14516
15081
14348
2011
14046
13828
13728
13956
13853
13958
13756
13806
13929
13599
13309
13071
2012
12812
12828
12696
12636
12668
12688
12657
12449
12106
12141
12026
12272
2013
12497
11967
11653
11735
11671
11736
11357
11241
11251
11161
10814
10376
2014
10280
10387
10384
9696
9761
9453
9648
9568
9237
8983
9071
8688
2015
8979
8705
8575
8549
U- 3 Unemployment Rate
5.4%
Series Id: LNS14000000
Seasonally Adjusted Series title: (Seas) Unemployment Rate Labor force status: Unemployment rate Type of data: Percent or rate Age: 16 years and over
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2000
4.0
4.1
4.0
3.8
4.0
4.0
4.0
4.1
3.9
3.9
3.9
3.9
2001
4.2
4.2
4.3
4.4
4.3
4.5
4.6
4.9
5.0
5.3
5.5
5.7
2002
5.7
5.7
5.7
5.9
5.8
5.8
5.8
5.7
5.7
5.7
5.9
6.0
2003
5.8
5.9
5.9
6.0
6.1
6.3
6.2
6.1
6.1
6.0
5.8
5.7
2004
5.7
5.6
5.8
5.6
5.6
5.6
5.5
5.4
5.4
5.5
5.4
5.4
2005
5.3
5.4
5.2
5.2
5.1
5.0
5.0
4.9
5.0
5.0
5.0
4.9
2006
4.7
4.8
4.7
4.7
4.6
4.6
4.7
4.7
4.5
4.4
4.5
4.4
2007
4.6
4.5
4.4
4.5
4.4
4.6
4.7
4.6
4.7
4.7
4.7
5.0
2008
5.0
4.9
5.1
5.0
5.4
5.6
5.8
6.1
6.1
6.5
6.8
7.3
2009
7.8
8.3
8.7
9.0
9.4
9.5
9.5
9.6
9.8
10.0
9.9
9.9
2010
9.8
9.8
9.9
9.9
9.6
9.4
9.4
9.5
9.5
9.4
9.8
9.3
2011
9.2
9.0
9.0
9.1
9.0
9.1
9.0
9.0
9.0
8.8
8.6
8.5
2012
8.3
8.3
8.2
8.2
8.2
8.2
8.2
8.0
7.8
7.8
7.7
7.9
2013
8.0
7.7
7.5
7.6
7.5
7.5
7.3
7.2
7.2
7.2
7.0
6.7
2014
6.6
6.7
6.6
6.2
6.3
6.1
6.2
6.1
5.9
5.7
5.8
5.6
2015
5.7
5.5
5.5
5.4
Not In Labor Force
93,194,000
Series Id: LNS15000000
Seasonally Adjusted
Series title: (Seas) Not in Labor Force
Labor force status: Not in labor force
Type of data: Number in thousands
Age: 16 years and over
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2000
69142
69120
69338
69267
69853
69876
70398
70401
70645
70782
70579
70488
2001
70088
70409
70381
70956
71414
71592
71526
72136
71676
71817
71876
72010
2002
72623
72010
72343
72281
72260
72600
72827
72856
72554
73026
73508
73675
2003
73960
74015
74295
74066
74268
73958
74767
75062
75249
75324
75280
75780
2004
75319
75648
75606
75907
75903
75735
75730
76113
76526
76399
76259
76581
2005
76808
76677
76846
76514
76409
76673
76721
76642
76739
76958
77138
77394
2006
77339
77122
77161
77318
77359
77317
77535
77451
77757
77634
77499
77376
2007
77506
77851
77982
78818
78810
78671
78904
79461
79047
79532
79105
79238
2008
78554
79156
79087
79429
79102
79314
79395
79466
79790
79736
80189
80380
2009
80529
80374
80953
80762
80705
80938
81367
81780
82495
82766
82865
83813
2010
83349
83304
83206
82707
83409
84075
84199
84014
84347
84895
84590
85240
2011
85390
85624
85623
85580
85821
86140
86395
86125
85986
86335
86351
86624
2012
87824
87696
87839
88195
88066
88068
88427
88840
88713
88491
88870
88797
2013
88838
89432
89969
89774
89801
89791
90124
90430
90620
91766
91263
91698
2014
91429
91398
91077
92019
91993
92114
91975
92210
92601
92414
92442
92898
2015
92544
92898
93175
93194
Total Unemployment Rate U-6
10.8%
Series Id: LNS13327709
Seasonally Adjusted
Series title: (seas) Total unemployed, plus all marginally attached workers plus total employed part time for economic reasons, as a percent of all civilian labor force plus all marginally attached workers
Labor force status: Aggregated totals unemployed
Type of data: Percent or rate
Age: 16 years and over
Percent/rates: Unemployed and mrg attached and pt for econ reas as percent of labor force plus marg attached
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2000
7.1
7.2
7.1
6.9
7.1
7.0
7.0
7.1
7.0
6.8
7.1
6.9
2001
7.3
7.4
7.3
7.4
7.5
7.9
7.8
8.1
8.7
9.3
9.4
9.6
2002
9.5
9.5
9.4
9.7
9.5
9.5
9.6
9.6
9.6
9.6
9.7
9.8
2003
10.0
10.2
10.0
10.2
10.1
10.3
10.3
10.1
10.4
10.2
10.0
9.8
2004
9.9
9.7
10.0
9.6
9.6
9.5
9.5
9.4
9.4
9.7
9.4
9.2
2005
9.3
9.3
9.1
8.9
8.9
9.0
8.8
8.9
9.0
8.7
8.7
8.6
2006
8.4
8.4
8.2
8.1
8.2
8.4
8.5
8.4
8.0
8.2
8.1
7.9
2007
8.4
8.2
8.0
8.2
8.2
8.3
8.4
8.4
8.4
8.4
8.4
8.8
2008
9.2
9.0
9.1
9.2
9.7
10.1
10.5
10.8
11.0
11.8
12.6
13.6
2009
14.2
15.2
15.8
15.9
16.5
16.5
16.4
16.7
16.7
17.1
17.1
17.1
2010
16.7
17.0
17.1
17.1
16.6
16.4
16.4
16.5
16.8
16.6
16.9
16.6
2011
16.2
16.0
15.9
16.1
15.8
16.1
15.9
16.1
16.3
15.8
15.5
15.2
2012
15.2
15.0
14.5
14.6
14.8
14.8
14.8
14.6
14.7
14.4
14.4
14.4
2013
14.5
14.3
13.8
14.0
13.8
14.2
13.8
13.6
13.6
13.7
13.1
13.1
2014
12.7
12.6
12.6
12.3
12.1
12.0
12.2
12.0
11.7
11.5
11.4
11.2
2015
11.3
11.0
10.9
10.8
Employment Situation Summary
Transmission of material in this release is embargoed until USDL-15-0838
8:30 a.m. (EDT) Friday, May 8, 2015
Technical information:
Household data: (202) 691-6378 * cpsinfo@bls.gov * www.bls.gov/cps
Establishment data: (202) 691-6555 * cesinfo@bls.gov * www.bls.gov/ces
Media contact: (202) 691-5902 * PressOffice@bls.gov
THE EMPLOYMENT SITUATION -- APRIL 2015
Total nonfarm payroll employment increased by 223,000 in April, and the
unemployment rate was essentially unchanged at 5.4 percent, the U.S. Bureau
of Labor Statistics reported today. Job gains occurred in professional and
business services, health care, and construction. Mining employment
continued to decline.
Household Survey Data
In April, both the unemployment rate (5.4 percent) and the number of
unemployed persons (8.5 million) were essentially unchanged. Over the
year, the unemployment rate and the number of unemployed persons were down
by 0.8 percentage point and 1.1 million, respectively. (See table A-1.)
Among the major worker groups, the unemployment rate for Asians increased
to 4.4 percent. The rates for adult men (5.0 percent), adult women (4.9
percent), teenagers (17.1 percent), whites (4.7 percent), blacks (9.6
percent), and Hispanics (6.9 percent) showed little or no change in April.
(See tables A-1, A-2, and A-3.)
The number of persons unemployed for less than 5 weeks increased by 241,000
to 2.7 million in April. The number of long-term unemployed (those
jobless for 27 weeks or more) changed little at 2.5 million, accounting
for 29.0 percent of the unemployed. Over the past 12 months, the number
of long-term unemployed has decreased by 888,000. (See table A-12.)
In April, the civilian labor force participation rate (62.8 percent)
changed little. Since April 2014, the participation rate has remained
within a narrow range of 62.7 percent to 62.9 percent. The employment-
population ratio held at 59.3 percent in April and has been at this level
since January. (See table A-1.)
The number of persons employed part time for economic reasons (sometimes
referred to as involuntary part-time workers) was little changed at 6.6
million in April, but is down by 880,000 from a year earlier. These
individuals, who would have preferred full-time employment, were working
part time because their hours had been cut back or because they were
unable to find a full-time job. (See table A-8.)
In April, 2.1 million persons were marginally attached to the labor
force, little changed over the year. (The data are not seasonally
adjusted.) These individuals were not in the labor force, wanted and
were available for work, and had looked for a job sometime in the prior
12 months. They were not counted as unemployed because they had not
searched for work in the 4 weeks preceding the survey. (See table A-16.)
Among the marginally attached, there were 756,000 discouraged workers
in April, little different from a year earlier. (The data are not
seasonally adjusted.) Discouraged workers are persons not currently
looking for work because they believe no jobs are available for them.
The remaining 1.4 million persons marginally attached to the labor
force in April had not searched for work for reasons such as school
attendance or family responsibilities. (See table A-16.)
Establishment Survey Data
Total nonfarm payroll employment rose by 223,000 in April, after
edging up in March (+85,000). In April, employment increased in
professional and business services, health care, and construction,
while employment in mining continued to decline. (See table B-1.)
Professional and business services added 62,000 jobs in April.
Over the prior 3 months, job gains averaged 35,000 per month. In
April, services to buildings and dwellings added 16,000 jobs,
following little change in March. Employment continued to trend up
in April in computer systems design and related services (+9,000),
in business support services (+7,000), and in management and
technical consulting services (+6,000).
Health care employment increased by 45,000 in April. Job growth was
distributed among the three major components--ambulatory health care
services (+25,000), hospitals (+12,000), and nursing and residential
care facilities (+8,000). Over the past year, health care has added
390,000 jobs.
Employment in construction rose by 45,000 in April, after changing
little in March. Over the past 12 months, construction has added
280,000 jobs. In April, job growth was concentrated in specialty
trade contractors (+41,000), with employment gains about evenly
split between the residential and nonresidential components.
Employment declined over the month in nonresidential building
construction (-8,000).
In April, employment continued to trend up in transportation and
warehousing (+15,000).
Employment in mining fell by 15,000 in April, with most of the job
loss in support activities for mining (-10,000) and in oil and gas
extraction (-3,000). Since the beginning of the year, employment
in mining has declined by 49,000, with losses concentrated in
support activities for mining.
Employment in other major industries, including manufacturing,
wholesale trade, retail trade, information, financial activities,
leisure and hospitality, and government, showed little change
over the month.
The average workweek for all employees on private nonfarm payrolls
remained at 34.5 hours in April. The manufacturing workweek for
all employees edged down by 0.1 hour to 40.8 hours, and factory
overtime edged down by 0.1 hour to 3.2 hours. The average workweek
for production and nonsupervisory employees on private nonfarm
payrolls was unchanged at 33.7 hours. (See tables B-2 and B-7.)
In April, average hourly earnings for all employees on private
nonfarm payrolls rose by 3 cents to $24.87. Over the past 12
months, average hourly earnings have increased by 2.2 percent.
Average hourly earnings of private-sector production and
nonsupervisory employees edged up by 2 cents to $20.90 in April.
(See tables B-3 and B-8.)
The change in total nonfarm payroll employment for February was
revised from +264,000 to +266,000, and the change for March was
revised from +126,000 to +85,000. With these revisions,
employment gains in February and March combined were 39,000
lower than previously reported. Over the past 3 months, job
gains have averaged 191,000 per month.
_____________
The Employment Situation for May is scheduled to be released
on Friday, June 5, 2015, at 8:30 a.m. (EDT).
http://www.bls.gov/news.release/empsit.nr0.htm
Civilian noninstitutional population247,439249,899250,080250,266186Civilian labor force155,420157,002156,906157,072166Participation rate62.862.862.762.80.1Employed145,724148,297148,331148,523192Employment-population ratio58.959.359.359.30.0Unemployed9,6968,7058,5758,549-26Unemployment rate6.25.55.55.4-0.1Not in labor force92,01992,89893,17593,19419Unemployment rates
Total, 16 years and over6.25.55.55.4-0.1Adult men (20 years and over)5.95.25.15.0-0.1Adult women (20 years and over)5.74.94.94.90.0Teenagers (16 to 19 years)19.117.117.517.1-0.4White5.34.74.74.70.0Black or African American11.410.410.19.6-0.5Asian5.94.03.24.41.2Hispanic or Latino ethnicity7.56.66.86.90.1Total, 25 years and over5.24.54.44.50.1Less than a high school diploma8.88.48.68.60.0High school graduates, no college6.35.45.35.40.1Some college or associate degree5.65.14.84.7-0.1Bachelor’s degree and higher3.32.72.52.70.2Reason for unemployment
Job losers and persons who completed temporary jobs5,1534,1804,1894,136-53Job leavers786884875828-47Reentrants2,6312,6552,6892,685-4New entrants1,05297281586853Duration of unemployment
Less than 5 weeks2,4512,4312,4882,7292415 to 14 weeks2,3462,2232,3122,307-515 to 26 weeks1,5091,3351,2531,139-11427 weeks and over3,4132,7092,5632,525-38Employed persons at work part time
Part time for economic reasons7,4606,6356,7056,580-125Slack work or business conditions4,5173,8474,0693,885-184Could only find part-time work2,6242,4262,3372,37437Part time for noneconomic reasons18,91519,83719,73320,056323Persons not in the labor force (not seasonally adjusted)
Marginally attached to the labor force2,1602,1592,0552,115–Discouraged workers783732738756–– Over-the-month changes are not displayed for not seasonally adjusted data.
NOTE: Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Detail for the seasonally adjusted data shown in this table will not necessarily add to totals because of the independent seasonal adjustment of the various series. Updated population controls are introduced annually with the release of January data. http://www.bls.gov/news.release/empsit.a.htmEmployment Situation Summary Table B. Establishment data, seasonally adjustedhttp://www.bls.gov/news.release/empsit.b.htm2015 April Job Cut Report: Cuts Surge to 61,582, 3-Year High
Falling oil prices contributed to a 68 percent surge in job cuts last month, as US-based employers announced workforce reductions totaling 61,582 in April, up from 36,594 in March, according to the latest report on monthly layoffs released Thursday by global outplacement consultancy Challenger, Gray & Christmas, Inc.
The April total was 53 percent higher than the same month a year ago, when 40,298 planned job cuts were recorded. It represents the highest monthly total since May 2012 (61,887) and the highest April total since 2009 (132,590).
Year to date, employers have announced 201,796 planned job cuts, which marks a 25 percent increase from the 161,639 layoffs tracked in the first four months of 2014. This is the largest four-month total since 2010.
Driving the increased pace of job cutting in April and for the year is the dramatic decline in oil prices, which is forcing producers and suppliers to cut production. Of the 61,582 job cut announced last month, 20,675 or 34 percent were directly attributed to oil prices.
For the year, oil prices were blamed for 68,285 job cuts, or about 34 percent of the 201,796 planned layoffs announced between January 1 and April 30.
“Schlumberger, Baker Hughes and Halliburton have all announced multiple rounds of job cuts in recent months, including April. The largest job cut of the month came from Schlumberger, which announced that it will shed 11,000 workers, in addition to the 9,000 laid off in January,” said John A. Challenger, chief executive officer of Challenger, Gray & Christmas.
“The jobs that are most vulnerable are those in the field – engineers, oil rig operators, drill operators, refinery operators, etc. Managers and executives in the corporate offices are more secure, but the drop in oil prices is leading to increased merger activity, which could put more executives at risk of job loss,” said Challenger.
Most of the oil-related layoffs have occurred in the energy sector, which is the top job-cutting industry to date, with 57,556 planned cuts. That is more than double the second-ranked retail sector, which has announced 26,096 job cuts this year.
The pace of retail sector job cuts is slightly higher than a year ago, when these employers announced 25,224 job cuts through the first four months.
“Low oil prices should be helping retailers. However, the extra money in Americans’ wallets do not appear to be making it into the nation’s cash registers. Retail sales have been lackluster, at best. Furthermore, consumer products giant Procter & Gamble announced in April that it would reduce its headcount by as many as 6,000 workers over the next two years, following a poor earnings report,” noted Challenger.
“We could be witnessing the after-effect of the severe and protracted recession. Much like the generation that lived through the Great Depression, those who scraped by during the recession are being extra careful with their money. Another factor is that not everyone’s boat is rising with the tide. Many Americans are still struggling to find work and those that do are not earning as much they once did,” he said.
HOUSEHOLD DATA
Summary table A. Household data, seasonally adjusted
[Numbers in thousands]
CategoryApr.
2014Feb.
2015Mar.
2015Apr.
2015Change from:
Mar.
2015-
Apr.
2015
Employment status
Civilian noninstitutional population
247,439249,899250,080250,266186
Civilian labor force
155,420157,002156,906157,072166
Participation rate
62.862.862.762.80.1
Employed
145,724148,297148,331148,523192
Employment-population ratio
58.959.359.359.30.0
Unemployed
9,6968,7058,5758,549-26
Unemployment rate
6.25.55.55.4-0.1
Not in labor force
92,01992,89893,17593,19419
Unemployment rates
Total, 16 years and over
6.25.55.55.4-0.1
Adult men (20 years and over)
5.95.25.15.0-0.1
Adult women (20 years and over)
5.74.94.94.90.0
Teenagers (16 to 19 years)
19.117.117.517.1-0.4
White
5.34.74.74.70.0
Black or African American
11.410.410.19.6-0.5
Asian
5.94.03.24.41.2
Hispanic or Latino ethnicity
7.56.66.86.90.1
Total, 25 years and over
5.24.54.44.50.1
Less than a high school diploma
8.88.48.68.60.0
High school graduates, no college
6.35.45.35.40.1
Some college or associate degree
5.65.14.84.7-0.1
Bachelor’s degree and higher
3.32.72.52.70.2
Reason for unemployment
Job losers and persons who completed temporary jobs
5,1534,1804,1894,136-53
Job leavers
786884875828-47
Reentrants
2,6312,6552,6892,685-4
New entrants
1,05297281586853
Duration of unemployment
Less than 5 weeks
2,4512,4312,4882,729241
5 to 14 weeks
2,3462,2232,3122,307-5
15 to 26 weeks
1,5091,3351,2531,139-114
27 weeks and over
3,4132,7092,5632,525-38
Employed persons at work part time
Part time for economic reasons
7,4606,6356,7056,580-125
Slack work or business conditions
4,5173,8474,0693,885-184
Could only find part-time work
2,6242,4262,3372,37437
Part time for noneconomic reasons
18,91519,83719,73320,056323
Persons not in the labor force (not seasonally adjusted)
Marginally attached to the labor force
2,1602,1592,0552,115–
Discouraged workers
783732738756–
– Over-the-month changes are not displayed for not seasonally adjusted data.
NOTE: Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Detail for the seasonally adjusted data shown in this table will not necessarily add to totals because of the independent seasonal adjustment of the various series. Updated population controls are introduced annually with the release of January data.
ESTABLISHMENT DATA
Summary table B. Establishment data, seasonally adjusted CategoryApr.
2014Feb.
2015Mar.
2015(p)Apr.
2015(p)
EMPLOYMENT BY SELECTED INDUSTRY
(Over-the-month change, in thousands)
Footnotes (1) Includes other industries, not shown separately. (2) Data relate to production employees in mining and logging and manufacturing, construction employees in construction, and nonsupervisory employees in the service-providing industries. (3) The indexes of aggregate weekly hours are calculated by dividing the current month’s estimates of aggregate hours by the corresponding annual average aggregate hours. (4) The indexes of aggregate weekly payrolls are calculated by dividing the current month’s estimates of aggregate weekly payrolls by the corresponding annual average aggregate weekly payrolls. (5) Figures are the percent of industries with employment increasing plus one-half of the industries with unchanged employment, where 50 percent indicates an equal balance between industries with increasing and decreasing employment. (p) Preliminary
NOTE: Data have been revised to reflect March 2014 benchmark levels and updated seasonal adjustment factors.
Story 1: Part II, Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State — Alive, Well and Growing — Videos
Amendment IV
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.
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THE COMPUTERS ARE LISTENING
HOW THE NSA CONVERTS SPOKEN WORDS INTO SEARCHABLE TEXT
Most people realize that emails and other digital communications they once considered private can now become part of their permanent record.
But even as they increasingly use apps that understand what they say, most people don’t realize that the words they speak are not so private anymore, either.
Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored.
The documents show NSA analysts celebrating the development of what they called “Google for Voice” nearly a decade ago.
Though perfect transcription of natural conversation apparently remains the Intelligence Community’s “holy grail,” the Snowden documentsdescribe extensive use of keyword searching as well as computer programs designed to analyze and “extract” the content of voice conversations, and even use sophisticated algorithms to flag conversations of interest.
The documents include vivid examples of the use of speech recognition in war zones like Iraq and Afghanistan, as well as in Latin America. But they leave unclear exactly how widely the spy agency uses this ability, particularly in programs that pick up considerable amounts of conversations that include people who live in or are citizens of the United States.
Spying on international telephone calls has always been a staple of NSA surveillance, but the requirement that an actual person do the listening meant it was effectively limited to a tiny percentage of the total traffic. By leveraging advances in automated speech recognition, the NSA has entered the era of bulk listening.
And this has happened with no apparent public oversight, hearings or legislative action. Congress hasn’t shown signs of even knowing that it’s going on.
The USA Freedom Act — the surveillance reform bill that Congress is currently debating — doesn’t address the topic at all. The bill would end an NSA program that does not collect voice content: the government’s bulk collection of domestic calling data, showing who called who and for how long.
Even if becomes law, the bill would leave in place a multitude of mechanisms exposed by Snowden that scoop up vast amounts of innocent people’s text and voice communications in the U.S. and across the globe.
Civil liberty experts contacted by The Intercept said the NSA’s speech-to-text capabilities are a disturbing example of the privacy invasions that are becoming possible as our analog world transitions to a digital one.
“I think people don’t understand that the economics of surveillance have totally changed,” Jennifer Granick, civil liberties director at the Stanford Center for Internet and Society, told The Intercept.
“Once you have this capability, then the question is: How will it be deployed? Can you temporarily cache all American phone calls, transcribe all the phone calls, and do text searching of the content of the calls?” she said. “It may not be what they are doing right now, but they’ll be able to do it.”
And, she asked: “How would we ever know if they change the policy?”
Indeed, NSA officials have been secretive about their ability to convert speech to text, and how widely they use it, leaving open any number of possibilities.
That secrecy is the key, Granick said. “We don’t have any idea how many innocent people are being affected, or how many of those innocent people are also Americans.”
I Can Search Against It
NSA whistleblower Thomas Drake, who was trained as a voice processing crypto-linguist and worked at the agency until 2008, told The Intercept that he saw a huge push after the September 11, 2001 terror attacks to turn the massive amounts of voice communications being collected into something more useful.
Human listening was clearly not going to be the solution. “There weren’t enough ears,” he said.
The transcripts that emerged from the new systems weren’t perfect, he said. “But even if it’s not 100 percent, I can still get a lot more information. It’s far more accessible. I can search against it.”
Converting speech to text makes it easier for the NSA to see what it has collected and stored, according to Drake. “The breakthrough was being able to do it on a vast scale,” he said.
More Data, More Power, Better Performance
The Defense Department, through its Defense Advanced Research Projects Agency (DARPA), started funding academic and commercial research into speech recognition in the early 1970s.
What emerged were several systems to turn speech into text, all of which slowly but gradually improved as they were able to work with more data and at faster speeds.
In a brief interview, Dan Kaufman, director of DARPA’s Information Innovation Office, indicated that the government’s ability to automate transcription is still limited.
Kaufman says that automated transcription of phone conversation is “super hard,” because “there’s a lot of noise on the signal” and “it’s informal as hell.”
“I would tell you we are not very good at that,” he said.
In an ideal environment like a news broadcast, he said, “we’re getting pretty good at being able to do these types of translations.”
A 2008 document from the Snowden archive shows that transcribing news broadcasts was already working well seven years ago, using a program called Enhanced Video Text and Audio Processing:
(U//FOUO) EViTAP is a fully-automated news monitoring tool. The key feature of this Intelink-SBU-hosted tool is that it analyzes news in six languages, including Arabic, Mandarin Chinese, Russian, Spanish, English, and Farsi/Persian. “How does it work?” you may ask. It integrates Automatic Speech Recognition (ASR) which provides transcripts of the spoken audio. Next, machine translation of the ASR transcript translates the native language transcript to English. Voila! Technology is amazing.
Experts in speech recognition say that in the last decade or so, the pace of technological improvement has been explosive. As information storage became cheaper and more efficient, technology companies were able to store massive amounts of voice data on their servers, allowing them to continually update and improve the models. Enormous processors, tuned as “deep neural networks” that detect patterns like human brains do, produce much cleaner transcripts.
And the Snowden documents show that the same kinds of leaps forward seen in commercial speech-to-text products have also been happening in secret at the NSA, fueled by the agency’s singular access to astronomical processing power and its own vast data archives.
In fact, the NSA has been repeatedly releasing new and improved speech recognition systems for more than a decade.
The first-generation tool, which made keyword-searching of vast amounts of voice content possible, was rolled out in 2004 and code-named RHINEHART.
“Voice word search technology allows analysts to find and prioritize intercept based on its intelligence content,” says an internal 2006 NSA memo entitled “For Media Mining, the Future Is Now!”
The memo says that intelligence analysts involved in counterterrorism were able to identify terms related to bomb-making materials, like “detonator” and “hydrogen peroxide,” as well as place names like “Baghdad” or people like “Musharaf.”
RHINEHART was “designed to support both real-time searches, in which incoming data is automatically searched by a designated set of dictionaries, and retrospective searches, in which analysts can repeatedly search over months of past traffic,” the memo explains (emphasis in original).
As of 2006, RHINEHART was operating “across a wide variety of missions and languages” and was “used throughout the NSA/CSS [Central Security Service] Enterprise.”
But even then, a newer, more sophisticated product was already being rolled out by the NSA’s Human Language Technology (HLT) program office. The new system, called VoiceRT, was first introduced in Baghdad, and “designed to index and tag 1 million cuts per day.”
The goal, according to another 2006 memo, was to use voice processing technology to be able “index, tag and graph,” all intercepted communications. “Using HLT services, a single analyst will be able to sort through millions of cuts per day and focus on only the small percentage that is relevant,” the memo states.
A 2009 memo from the NSA’s British partner, GCHQ, describes how “NSA have had the BBN speech-to-text system Byblos running at Fort Meade for at least 10 years. (Initially they also had Dragon.) During this period they have invested heavily in producing their own corpora of transcribed Sigint in both American English and an increasing range of other languages.” (GCHQ also noted that it had its own small corpora of transcribed voice communications, most of which happened to be “Northern Irish accented speech.”)
VoiceRT, in turn, was surpassed a few years after its launch. According to the intelligence community’s “Black Budget” for fiscal year 2013, VoiceRT was decommissioned and replaced in 2011 and 2012, so that by 2013, NSA could operationalize a new system. This system, apparently called SPIRITFIRE, could handle more data, faster. SPIRITFIRE would be “a more robust voice processing capability based on speech-to-text keyword search and paired dialogue transcription.”
Extensive Use Abroad
Voice communications can be collected by the NSA whether they are being sent by regular phone lines, over cellular networks, or through voice-over-internet services. Previously released documents from the Snowden archive describe enormous efforts by the NSA during the last decade to get access to voice-over-internet content like Skype calls, for instance. And other documents in the archive chronicle the agency’s adjustment to the fact that an increasingly large percentage of conversations, even those that start as landline or mobile calls, end up as digitized packets flying through the same fiber-optic cables that the NSA taps so effectively for other data and voice communications.
The Snowden archive, as searched and analyzed by The Intercept, documents extensive use of speech-to-text by the NSA to search through international voice intercepts — particularly in Iraq and Afghanistan, as well as Mexico and Latin America.
For example, speech-to-text was a key but previously unheralded element of the sophisticated analytical program known as the Real Time Regional Gateway (RTRG), which started in 2005 when newly appointed NSA chief Keith B. Alexander, according to the Washington Post, “wanted everything: Every Iraqi text message, phone call and e-mail that could be vacuumed up by the agency’s powerful computers.”
The Real Time Regional Gateway was credited with playing a role in “breaking up Iraqi insurgent networks and significantly reducing the monthly death toll from improvised explosive devices.” The indexing and searching of “voice cuts” was deployed to Iraq in 2006. By 2008, RTRG was operational in Afghanistan as well.
Keyword spotting extended to Iranian intercepts as well. A 2006 memoreported that RHINEHART had been used successfully by Persian-speaking analysts who “searched for the words ‘negotiations’ or ‘America’ in their traffic, and RHINEHART located a very important call that was transcribed verbatim providing information on an important Iranian target’s discussion of the formation of a the new Iraqi government.”
“Spanish is the most mature of our speech-to-text analytics,” the memo says, noting that the NSA and its Special Collections Service sites in Latin America, have had “great success searching for Spanish keywords.”
The memo offers an example from NSA Texas, where an analyst newly trained on the system used a keyword search to find previously unreported information on a target involved in drug-trafficking. In another case, an official at a Special Collection Service site in Latin America “was able to find foreign intelligence regarding a Cuban official in a fraction of the usual time.”
In a 2011 article, “Finding Nuggets — Quickly — in a Heap of Voice Collection, From Mexico to Afghanistan,” an intelligence analysis technical director from NSA Texas described the “rare life-changing instance” when he learned about human language technology, and its ability to “find the exact traffic of interest within a mass of collection.”
Analysts in Texas found the new technology a boon for spying. “From finding tunnels in Tijuana, identifying bomb threats in the streets of Mexico City, or shedding light on the shooting of US Customs officials in Potosi, Mexico, the technology did what it advertised: It accelerated the process of finding relevant intelligence when time was of the essence,” he wrote. (Emphasis in original.)
The author of the memo was also part of a team that introduced the technology to military leaders in Afghanistan. “From Kandahar to Kabul, we have traveled the country explaining NSA leaders’ vision and introducing SIGINT teams to what HLT analytics can do today and to what is still needed to make this technology a game-changing success,” the memo reads.
Extent of Domestic Use Remains Unknown
What’s less clear from the archive is how extensively this capability is used to transcribe or otherwise index and search voice conversations that primarily involve what the NSA terms “U.S. persons.”
The NSA did not answer a series of detailed questions about automated speech recognition, even though an NSA “classification guide” that is part of the Snowden archive explicitly states that “The fact that NSA/CSS has created HLT models” for speech-to-text processing as well as gender, language and voice recognition, is “UNCLASSIFIED.”
Also unclassified: The fact that the processing can sort and prioritize audio files for human linguists, and that the statistical models are regularly being improved and updated based on actual intercepts. By contrast, because they’ve been tuned using actual intercepts, the specific parameters of the systems are highly classified.
“The National Security Agency employs a variety of technologies in the course of its authorized foreign-intelligence mission,” spokesperson Vanee’ Vines wrote in an email to The Intercept. “These capabilities, operated by NSA’s dedicated professionals and overseen by multiple internal and external authorities, help to deter threats from international terrorists, human traffickers, cyber criminals, and others who seek to harm our citizens and allies.”
Vines did not respond to the specific questions about privacy protections in place related to the processing of domestic or domestic-to-international voice communications. But she wrote that “NSA always applies rigorous protections designed to safeguard the privacy not only of U.S. persons, but also of foreigners abroad, as directed by the President in January 2014.”
“I’m not going to get into whether any program does or does not have that capability,” PCLOB chairman David Medine told The Intercept.
His board’s reports, he said, contained only information that the intelligence community agreed could be declassified.
“We went to the intelligence community and asked them to declassify a significant amount of material,” he said. The “vast majority” of that material was declassified, he said. But not all — including “facts that we thought could be declassified without compromising national security.”
Hypothetically, Medine said, the ability to turn voice into text would raise significant privacy concerns. And it would also raise questions about how the intelligence agencies “minimize” the retention and dissemination of material— particularly involving U.S. persons — that doesn’t include information they’re explicitly allowed to keep.
“Obviously it increases the ability of the government to process information from more calls,” Medine said. “It would also allow the government to listen in on more calls, which would raise more of the kind of privacy issues that the board has raised in the past.”
“I’m not saying the government does or doesn’t do it,” he said, “just that these would be the consequences.”
A New Learning Curve
Speech recognition expert Bhiksha Raj likens the current era to the early days of the Internet, when people didn’t fully realize how the things they typed would last forever.
“When I started using the Internet in the 90s, I was just posting stuff,” said Raj, an associate professor at Carnegie Mellon University’s Language Technologies Institute. “It never struck me that 20 years later I could go Google myself and pull all this up. Imagine if I posted something on alt.binaries.pictures.erotica or something like that, and now that post is going to embarrass me forever.”
The same is increasingly becoming the case with voice communication, he said. And the stakes are even higher, given that the majority of the world’s communication has historically been conducted by voice, and it has traditionally been considered a private mode of communication.
“People still aren’t realizing quite the magnitude that the problem could get to,” Raj said. “And it’s not just surveillance,” he said. “People are using voice services all the time. And where does the voice go? It’s sitting somewhere. It’s going somewhere. You’re living on trust.” He added: “Right now I don’t think you can trust anybody.”
“Things aren’t ephemeral anymore,” Taipale told The Intercept. “We’re living in a world where many things that were fleeting in the analog world are now on the permanent record. The question then becomes: what are the consequences of that and what are the rules going to be to deal with those consequences?”
Realistically, Taipale said, “the ability of the government to search voice communication in bulk is one of the things we may have to live with under some circumstances going forward.” But there at least need to be “clear public rules and effective oversight to make sure that the information is only used for appropriate law-enforcement or national security purposes consistent with Constitutional principles.”
Ultimately, Taipale said, a system where computers flag suspicious voice communications could be less invasive than one where people do the listening, given the potential for human abuse and misuse to lead to privacy violations. “Automated analysis has different privacy implications,” he said.
But to Jay Stanley, a senior policy analyst with the ACLU’s Speech, Privacy and Technology Project, the distinction between a human listening and a computer listening is irrelevant in terms of privacy, possible consequences, and a chilling effect on speech.
“What people care about in the end, and what creates chilling effects in the end, are consequences,” he said. “I think that over time, people would learn to fear computerized eavesdropping just as much as they fear eavesdropping by humans, because of the consequences that it could bring.”
Indeed, computer listening could raise new concerns. One of the internal NSA memos from 2006 says an “important enhancement under development is the ability for this HLT capability to predict what intercepted data might be of interest to analysts based on the analysts’ past behavior.”
Citing Amazon’s ability to not just track but predict buyer preferences, the memo says that an NSA system designed to flag interesting intercepts “offers the promise of presenting analysts with highly enriched sorting of their traffic.”
To Phillip Rogaway, a professor of computer science at the University of California, Davis, keyword-search is probably the “least of our problems.” In an email to The Intercept, Rogaway warned that “When the NSA identifies someone as ‘interesting’ based on contemporary NLP [Natural Language Processing] methods, it might be that there is no human-understandable explanation as to why beyond: ‘his corpus of discourse resembles those of others whom we thought interesting’; or the conceptual opposite: ‘his discourse looks or sounds different from most people’s.’”
If the algorithms NSA computers use to identify threats are too complex for humans to understand, Rogaway wrote, “it will be impossible to understand the contours of the surveillance apparatus by which one is judged. All that people will be able to do is to try your best to behave just like everyone else.”
EFF sued the Department of Justice (DOJ) on the 10th anniversary of the signing of the USA PATRIOT Act in October 2011 for answers about “secret interpretations” of a controversial section of the law. In June 2013, a leaked FISA court order publicly revealed that “secret interpretation”: the government was using Section 215 of the Patriot Act to collect the phone records of virtually every person in the United States.
Prior to the revelations, several senators warned that the DOJ was using Section 215 of the PATRIOT Act to support what government attorneys called a “sensitive collection program,” targeting large numbers of Americans. The language of Section 215 allows for secret court orders to collect “tangible things” that could be relevant to a government investigation – a far lower threshold and more expansive reach than a warrant based on probable cause. The list of possible “tangible things” the government can obtain is seemingly limitless, and could include everything from driver’s license records to Internet browsing patterns.
In response to a court order in our lawsuit, in September 2013, the government released hundreds of pages of previously secret FISA documents detailing the court’s interpretation of Section 215, including an opinion excoriating the NSA for misusing its mass surveillance database for years. In October 2013, the government released a second batch of documents related to Section 215, which showed, among other things, that the NSA had collected cell site location without notifying its oversight committees in Congress or the FISA court.
EFF’s lawsuit came after the DOJ failed to respond to a Freedom of Information Act (FOIA) request on the interpretation and use of Section 215. The suit demanded records describing the types of “tangible things” that have been collected so far, the legal basis for the “sensitive collection program,” and information on the how many people have been affected by Section 215 orders.
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
Published on Dec 30, 2013
Through a PRISM, Darkly
Everything we know about NSA spying
From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.
Speaker: Kurt Opsahl
EventID: 5255
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Language: english
Glenn Becks “SURVEILLANCE STATE”
Inside the NSA
Ed Snowden, NSA, and Fairy Tales
AT&T Spying On Internet Traffic
For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”
NSA Whistle-Blower Tells All – Op-Docs: The Program
The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
He told you so: Bill Binney talks NSA leaks
William Benny – The Government is Profiling You (The NSA is Spying on You)
‘After 9/11 NSA had secret deal with White House’
The story of Whistleblower Thomas Drake
Whistleblowers, Part Two: Thomas Drake
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
Meet Edward Snowden: NSA PRISM Whistleblower
The Truth About Edward Snowden
N.S.A. Spying: Why Does It Matter?
Inside The NSA~Americas Cyber Secrets
NSA Whistleblower Exposes Obama’s Dragnet
AT&T whistleblower against immunity for Bush spy program-1/2
AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program
The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.
AT&T whistleblower against immunity for Bush spy program-2/2
Enemy Of The State 1998 (1080p) (Full movie)
Background Articles and Videos
Stellar Wind
Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau.[1] The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001.[2] Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.[3]
The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity.[1] William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[4]
There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[4]
During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2] One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.[1]
In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[5] The article suggested that the otherwise dispatched Stellar Wind is actually an active program.
PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[1][2][3][Notes 1]PRISM is a government codename for a data collection effort known officially as US-984XN.[8][9] It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA).[10] The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.
A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.”[11] The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012.[12] The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.[13][14]
According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum.[15] Clapper issued a statement and “fact sheet”[16] to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.[17]
History
Slide showing that much of the world’s communications flow through the US
Details of information collected via PRISM
PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s.[1] A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC).[18][19][20][21] PRISM was authorized by an order of the FISC.[11] Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017.[2][22] According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.[22]
PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden.[2][1] The leaked documents included 41 PowerPoint slides, four of which were published in news articles.[1][2] The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012).[23] The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”[1]
The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States.[11] The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.[2][11]
According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally.[1] Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”[1]
Response from companies
The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.[2][1]
Initial Public Statements
Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports.[2][24] Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:[25][26]
Slide listing companies and the date that PRISM collection began
Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”[25]
Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.”[25] “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”[26]
Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”[25]
Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.”[25] “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”[26]
Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”[27]
Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”[25]
In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data.[13]The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.”[1] “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.[26]
“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.[28]
Slide showing two different sources of NSA data collection. The first source the fiber optic cables of the internet handled by the Upstream program and the second source the servers of major internet companies handled by PRISM.[29]
On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant.[30] Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”[31]
The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.”[32] The other companies held discussions with national security personnel on how to make data available more efficiently and securely.[32] In some cases, these companies made modifications to their systems in support of the intelligence collection effort.[32] The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel.[32] These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers”[29] and the companies’ denials.[32]
While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission.[32] Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said.[32] Facebook, for instance, built such a system for requesting and sharing the information.[32] Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.[33]
Post-PRISM Transparency Reports
In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.
On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000” user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.[34]
Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.[35]
Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.[36]
Response from United States government
Executive branch
Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats.[13] The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.”[37] He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.”[37] Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”[37] On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans.[38] In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.[39]
Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”[15]
On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.”[40][10] The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10]
The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”[10]
The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.”[41] He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”[41]
In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.[42]
Legislative branch
In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification,[43] and others said that they had not been aware of the program.[44] After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:
Senator John McCain (R-AZ)
June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”[45]
Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee
June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.[46]
June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”[47]
June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”[48]
Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee
June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”[49]
Representative John Boehner (R-OH), Speaker of the House of Representatives
June 11 “He’s a traitor”[50] (referring to Edward Snowden)
Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act
June 9, “This is well beyond what the Patriot Act allows.”[51] “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”[51]
Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.
June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”[46]
June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”[52]
Senator Mark Udall (D-CO)
June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.[46]
Representative Todd Rokita (R-IN)
June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,[53]
Senator Rand Paul (R-KY)
June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”[54]
June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”[45]
Representative Luis Gutierrez (D-IL)
June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”[52]
Judicial branch
The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.
Applicable law and practice
On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10] Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”[55] In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.”[55] When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.”[55] They do not need to specify which facilities or property that the targeting will be directed at.[55]
After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret.[55] The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.
If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.[55]
If the provider rejects the directive, the A.G. may request an order from FISC to enforce it.[55] A provider that fails to comply with FISC’s order can be punished with contempt of court.[55]
Finally, a provider can petition FISC to reject the directive.[55] In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order.[55] The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.[55]
The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”[56]
Involvement of other countries
Australia
The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.[57]
Canada
Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”[58]
Germany
Germany did not receive any raw PRISM data, according to a Reuters report.[59]
Israel
Israeli newspaper Calcalist discussed[60] the Business Insider article[61] about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.
New Zealand
In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”[62]
United Kingdom
In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.[63][64]
Domestic response
The neutrality of this section is disputed. Please do not remove this message until the dispute is resolved. (June 2013)
The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,”[65] and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”[66]
Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.”[67] Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.”[67] He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.[68]
In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case.[69] An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.”[69] Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.”[69] Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.”[70] In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.[71]
In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers;[72] the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.”[72][73] George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.[74]
The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.[75]
On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.[76]
International response
Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California.[77][78] When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”.[79] The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style.[80] Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”[81]
Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.[82]
Protests at Checkpoint Charlie in Berlin
The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”.[83] He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.[84]
The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.[85]
William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism[86] saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.”[86] David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.”[86][87] Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority.[87] The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”[82]
Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”[88]
Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.”[89] The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.[90]
Russia has offered to consider an asylum request from Edward Snowden.[91]
Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”[92][93]
A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”[94]
A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.[95]
ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun.[1] The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.[2] The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.
ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections.[3] A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.[4]
Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.[1][2] It ran over budget, failed to accomplish critical goals, and was cancelled.
NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.
The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.[5]
Background
Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens.[4][3] Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.[3]
In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management; Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]
Redacted version of the DoD Inspector General audit, obtained through the Freedom of Information Act by the Project on Government Oversight and others. [12][5]
The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” [13]
In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.”[5] The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]
In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down,[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.[17]
The new project replacing Trailblazer is called Turbulence.[3]
Whistleblowing
According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”[3]
In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.[19]
Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.[3]
In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[21] It had cost more than $1 billion.[8][22][23]
In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18] Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.[3]
In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[24][17][25] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]
In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.
In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][26][27] part of President Barack Obama’s crackdown on whistleblowers and “leakers”.[24][17][28][18] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]
In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.[5]
Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities.[1] It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian.[2] According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.
Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.[3][4]
History
Slide showing that much of the world’s communications flow through the US.
Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).[5][6][7]
NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.[8]
Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian.[1][9] The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.[10]
Technology
According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.[11]
Legality and FISA Amendments Act of 2008
The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.[12][13][14][15]
The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”[16]
Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.[17][18]
ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement[1] (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS[1] and Five Eyes).[2][3] It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.[4]
ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[5]
The system has been reported in a number of public sources.[6] Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001,[5] and by author James Bamford in his books on the National Security Agency of the United States.[4] The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.[5]
Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.
The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:
the Government Communications Headquarters of the United Kingdom,
the National Security Agency of the United States,
the Communications Security Establishment of Canada,
the Defence Signals Directorate of Australia, and
the Government Communications Security Bureau of New Zealand.
the National SIGINT Organisation (NSO) of The Netherlands
The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.[5]
Capabilities
The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic.[5] During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication,[7] and could be intercepted at great distances.[5] The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”[5]
The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber.[8] The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%.[5] Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video.[9] Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.[5]
One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt.[5] A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.[5]
Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.[10]
Controversy
See also: Industrial espionage
Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes.[10] Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon[5][11] and the speech technology developed by the Belgian firm Lernout & Hauspie.[12] An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.[13][14]
In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.[5]
Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.
Hardware
According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits.[citation needed] The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.[15]
Name
The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.”[5] The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).
Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK.[16] At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.[17]
Ground stations
The 2001 European Parliamentary (EP) report[5] lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:
Likely satellite intercept stations
The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:
Hong Kong (since closed)
Australian Defence Satellite Communications Station (Geraldton, Western Australia)
Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)[18]
Misawa Air Base (Japan) Map
GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
Sugar Grove (West Virginia, U.S.) Map
Yakima Training Center (Washington, U.S.) Map
GCSB Waihopai (New Zealand)
GCSB Tangimoana (New Zealand)
CFS Leitrim (Ontario, Canada)
Teufelsberg (Berlin, Germany) (closed 1992)
Other potentially related stations
The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:
Ayios Nikolaos (Cyprus – U.K.)
BadAibling Station (BadAibling, Germany – U.S.)
relocated to Griesheim in 2004[19]
deactivated in 2008[20]
Buckley Air Force Base (Aurora, Colorado)
Fort Gordon (Georgia, U.S.)
Gander (Newfoundland & Labrador, Canada)
Guam (Pacific Ocean, U.S.)
Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
Lackland Air Force Base, Medina Annex (San Antonio, Texas)
Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency that commenced operations in 2003 and was exposed in 2006.[1][2]
Description
Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T.[1] The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic[3] and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.”[4] Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.[2]
The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.[1]
The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T.[5] Klein claims he was told that similar black rooms are operated at other facilities around the country.
Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.
Lawsuit
Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings[4]
More complicated diagram of how it allegedly worked. From EFF court filings.[3] See bottom of the file page for enlarged and rotated version.
The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.[6] A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.
PRISM: A clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) which can target customers of participating corporations outside or inside the United States
Main Core: A personal and financial database storing information of millions of U.S. citizens believed to be threats to national security.[7] The data mostly comes from the NSA, FBI, CIA, as well as other government sources.[7]
Carnivore: A system implemented by the Federal Bureau of Investigation that was designed to monitor email and electronic communications. Apparently replaced by commercial software such as NarusInsight
Intelligence Community (IC): A cooperative federation of 16 government agencies working together, but also separately, to gather intelligence and conduct espionage
President George W. Bush gestures as he addresses an audience Wednesday, July 20, 2005 at the Port of Baltimore in Baltimore, Md., encouraging the renewal of provisions of the Patriot Act.
The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United StatesCongress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections (section 224) containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title’s provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.
Title II contains many of the most contentious provisions of the act. Supporters of the Patriot Act claim that these provisions are necessary in fighting the War on Terrorism, while its detractors argue that many of the sections of Title II infringe upon individual and civil rights.
The sections of Title II amend the Foreign Intelligence Surveillance Act of 1978 and its provisions in 18 U.S.C., dealing with “Crimes and Criminal Procedure“. It also amends the Electronic Communications Privacy Act of 1986. In general, the Title expands federal agencies’ powers in intercepting, sharing, and using private telecommunications, especially electronic communications, along with a focus on criminal investigations by updating the rules that govern computer crime investigations. It also sets out procedures and limitations for individuals who feel their rights have been violated to seek redress, including against the United States government. However, it also includes a section that deals with trade sanctions against countries whose government supports terrorism, which is not directly related to surveillance issues.
Two sections dealt with the interception of communications by the United States government.
Section 201 is titled Authority to intercept wire, oral, and electronic communications relating to terrorism. This section amended 18 U.S.C.§ 2516 (Authorization for interception of wire, oral, or electronic communications) of the United States Code. This section allows (under certain specific conditions) the United States Attorney General (or some of his subordinates) to authorize a Federal judge to make an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation (FBI), or another relevant U.S. Federal agency.
The Attorney General’s subordinates who can use Section 201 are: the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division who is specially designated by the Attorney General.
The amendment added a further condition which allowed an interception order to be carried out. The interception order may now be made if a criminal violation is made with respect to terrorism (defined by 18 U.S.C.§ 2332):
Section 202 is titled Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses, and amended the United States Code to include computer fraud and abuse in the list of reasons why an interception order may be granted.[3][4]
Section 203: Authority to share criminal investigative information
Section 203 (Authority to share criminal investigation information) modified the Federal Rules of Criminal Procedure with respect to disclosure of information before the grand jury (Rule 6(e)). Section 203(a) allowed the disclosure of matters in deliberation by the grand jury, which are normally otherwise prohibited, if:
a court orders it (before or during a judicial proceeding),
a court finds that there are grounds for a motion to dismiss an indictment because of matters before the Grand Jury,
if the matters in deliberation are made by an attorney for the government to another Federal grand jury,
an attorney for the government requests that matters before the grand jury may reveal a violation of State criminal law,
the matters involve foreign intelligence or counterintelligence or foreign intelligence information. Foreign intelligence and counterintelligence was defined in section 3 of the National Security Act of 1947,[5] and “foreign intelligence information” was further defined in the amendment as information about:
an actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
sabotage or international terrorism by a foreign power or an agent of a foreign power; or
clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
information about a foreign power or foreign territory that relates to the national defense or the security of the United States or the conduct of the foreign affairs of the United States.’.
information about non-U.S. and U.S. citizens
203(a) gave the court the power to order a time within which information may be disclosed, and specified when a government agency may use information disclosed about a foreign power. The rules of criminal procedure now state that “within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.”
Section 203(b) modified 18 U.S.C.§ 2517, which details who is allowed to learn the results of a communications interception, to allow any investigative or law enforcement officer, or attorney for the Government to divulge foreign intelligence, counterintelligence or foreign intelligence information to a variety of Federal officials. Specifically, any official who has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from this could divulge this information to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official. The definition of “foreign intelligence” was the same as section 203(a), with the same ability to define “foreign intelligence” to be intelligence of a non-U.S. and U.S. citizen. The information received must only be used as necessary in the conduct of the official’s official duties.[6]
The definition of “foreign intelligence information” is defined again in Section 203(d).
Section 203(c) specified that the Attorney General must establish procedures for the disclosure of information due to 18 U.S.C.§ 2517 (see above), for those people who are defined as U.S. citizens.[7]
Section 204: Limitations on communication interceptions
Section 204 (Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communication) removed restrictions from the acquisition of foreign intelligence information from international or foreign communications. It was also clarified that the Foreign Intelligence Surveillance Act of 1978 should not only be the sole means of electronic surveillance for just oral and wire intercepts, but should also include electronic communication.[8][9]
Section 205: Employment of translators by the FBI
Under section 205 (Employment of translators by the Federal Bureau of Investigation), the Director of the Federal Bureau of Investigation is now allowed to employ translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations. However, he must report to the House Judiciary Committee and Senate Judiciary Committee the number of translators employed and any legal reasons why he cannot employ translators from federal, state, or local agencies.[10]
Section 206: Roving surveillance authority
The Foreign Intelligence Surveillance Act of 1978[11] allows an applicant access to all information, facilities, or technical assistance necessary to perform electronic surveillance on a particular target. The assistance given must protect the secrecy of and cause as little disruption to the ongoing surveillance effort as possible. The direction could be made at the request of the applicant of the surveillance order, by a common carrier, landlord, custodian or other specified person. Section 206 (Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978) amended this to add:
or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a particular person.
This allows intelligence agencies to undertake “roving” surveillance: they do not have to specify the exact facility or location where their surveillance will be done. Roving surveillance was already specified for criminal investigations under 18 U.S.C.§ 2518(11), and section 206 brought the ability of intelligence agencies to undertake such roving surveillance into line with such criminal investigations. However, the section was not without controversy, as James X. Dempsey, the Executive Director of the Center for Democracy & Technology, argued that a few months after the Patriot Act was passed the Intelligence Authorization Act was also passed that had the unintended effect of seeming to authorize “John Doe” roving taps — FISA orders that identify neither the target nor the location of the interception (see The Patriot Debates, James X. Dempsey debates Paul Rosenzweig on section 206).[12]
Section 207: Duration of FISA surveillance on agents of a foreign powe
Previously FISA only defined the duration of a surveillance order against a foreign power (defined in 50 U.S.C.§ 1805(e)(1)) . This was amended by section 207 (Duration of FISA surveillance of non-United States persons who are agents of a foreign power) to allow surveillance of agents of a foreign power (as defined in section 50 U.S.C.§ 1801(b)(1)(A)) for a maximum of 90 days. Section 304(d)(1) was also amended to extend orders for physical searches from 45 days to 90 days, and orders for physical searches against agents of a foreign power are allowed for a maximum of 120 days. The act also clarified that extensions for surveillance could be granted for a maximum of a year against agents of a foreign power.[13]
Section 208: Designation of judges
Section 103(A) of FISA was amended by Section 208 (Designation of judges) of the Patriot Act to increase the number of federal district court judges who must now review surveillance orders from seven to 11. Of these, three of the judges must live within 20 miles (32 km) of the District of Columbia.[14]
Section 209: Seizure of voice-mail messages pursuant to warrants
Section 209 (Seizure of voice-mail messages pursuant to warrants) removed the text “any electronic storage of such communication” from title 18, section 2510 of the United States Code. Before this was struck from the Code, the U.S. government needed to apply for a title III wiretap order[15] before they could open voice-mails, however now the government only need apply for an ordinary search. Section 2703, which specifies when a “provider of electronic communication services” must disclose the contents of stored communications, was also amended to allow such a provider to be compelled to disclose the contents via a search warrant, and not a wiretap order. According to Vermont senator Patrick Leahy, this was done to “harmonizing the rules applicable to stored voice and non-voice (e.g., e-mail) communications”.[16][17]
Section 210 & 211: Scope of subpoenas for records of electronic communications
The U.S. Code specifies when the U.S. government may require a provider of an electronic communication service to hand over communication records.[18] It specifies what that provider must disclose to the government,[19] and was amended by section 210 (Scope of subpoenas for records of electronic communications) to include records of session times and durations of electronic communication as well as any identifying numbers or addresses of the equipment that was being used, even if this may only be temporary. For instance, this would include temporarily assigned IP addresses, such as those established by DHCP.[20]
Section 211 (Clarification of scope) further clarified the scope of such orders. 47 U.S.C.§ 551 (Section 631 of the Communications Act of 1934) deals with the privacy granted to users of cable TV. The code was amended to allow the government to have access to the records of cable customers, with the notable exclusion of records revealing cable subscriber selection of video programming from a cable operator.[21]
Section 212: Emergency disclosure of electronic communications
Section 212 (Emergency disclosure of electronic communications to protect life and limb) amended the US Code to stop a communications provider from providing communication records (not necessarily relating to the content itself) about a customer’s communications to others.[22] However, should the provider reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person then the communications provider can now disclose this information. The act did not make clear what “reasonably” meant.
A communications provider could also disclose communications records if:
a court orders the disclosure of communications at the request of a government agency (18 U.S.C.§ 2703)
the customer allows the information to be disclosed
if the service provider believes that they must do so to protect their rights or property.
Section 213 (Authority for delaying notice of the execution of a warrant) amended the US Code to allow the notification of search warrants[24] to be delayed.[25] This section has been commonly referred to as the “sneak and peek” section, a phrase originating from the FBI[citation needed] and not, as commonly believed, from opponents of the Patriot Act. The U.S. government may now legally search and seize property that constitutes evidence of a United States criminal offense without immediately telling the owner. The court may only order the delayed notification if they have reason to believe it would hurt an investigation — delayed notifications were already defined in 18 U.S.C.§ 2705 — or, if a search warrant specified that the subject of the warrant must be notified “within a reasonable period of its execution,” then it allows the court to extend the period before the notification is given, though the government must show “good cause”. If the search warrant prohibited the seizure of property or communications, then the search warrant could then be delayed.
Section 214: Pen register and trap and trace authority
FISA was amended by section 214 (Pen register and trap and trace authority under FISA) to clarify that pen register and trap and trace surveillance can be authorised to allow government agencies to gather foreign intelligence information.[27] Where the law only allowed them to gather surveillance if there was evidence of international terrorism, it now gives the courts the power to grant trap and traces against:
non-U.S. citizens.
those suspected of being involved with international terrorism,
those undertaking clandestine intelligence activities
Section 215: Access to records and other items under FISA
This section is commonly referred to as the “library records” provision[29] because of the wide range of personal material that can be investigated.[30][31]
FISA was modified by section 215 (Access to records and other items under the Foreign Intelligence Surveillance Act) to allow the Director of the FBI (or an official designated by the Director, so long as that official’s rank is no lower than Assistant Special Agent in Charge) to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. The act specifically gives an example to clarify what it means by “tangible things”: it includes “books, records, papers, documents, and other items”.
It is specified that any such investigation must be conducted in accordance with guidelines laid out in Executive Order 12333 (which pertains to United States intelligence activities). Investigations must also not be performed on U.S. citizens who are carrying out activities protected by the First Amendment to the Constitution of the United States.
Any order that is granted must be given by a FISA court judge or by a magistrate judge who is publicly designated by the Chief Justice of the United States to allow such an order to be given. Any application must prove that it is being conducted without violating the First Amendment rights of any U.S. citizens. The application can only be used to obtain foreign intelligence information not concerning a U.S. citizen or to protect against international terrorism or clandestine intelligence activities.
This section of the PATRIOT Act is controversial because the order may be granted ex parte, and once it is granted — in order to avoid jeopardizing the investigation — the order may not disclose the reasons behind why the order was granted.
The section carries a gag order stating that “No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section”. Senator Rand Paul stated that the non-disclosure is imposed for one year,[32] though this is not explicitly mentioned in the section.
In order to protect anyone who complies with the order, FISA now prevents any person who complies with the order in “good faith” from being liable for producing any tangible goods required by the court order. The production of tangible items is not deemed to constitute a waiver of any privilege in any other proceeding or context.
During a House Judiciary hearing on domestic spying on July 17, 2013 John C. Inglis, the deputy director of the surveillance agency, told a member of the House judiciary committee that NSA analysts can perform “a second or third hop query” through its collections of telephone data and internet records in order to find connections to terrorist organizations.[34] “Hops” refers to a technical term indicating connections between people. A three-hop query means that the NSA can look at data not only from a suspected terrorist, but from everyone that suspect communicated with, and then from everyone those people communicated with, and then from everyone all of those people communicated with.[34][35] NSA officials had said previously that data mining was limited to two hops, but Inglis suggested that the Foreign Intelligence Surveillance Court has allowed for data analysis extending “two or three hops”.[36]
Section 216: Authority to issue pen registers and trap and trace devices[edit]
Section 216 (Modification of authorities relating to use of pen registers and trap and trace devices) deals with three specific areas with regards to pen registers and trap and trace devices: general limitations to the use of such devices, how an order allowing the use of such devices must be made, and the definition of such devices.
Limitations
18 U.S.C.§ 3121 details the exceptions related to the general prohibition on pen register and trap and trace devices. Along with gathering information for dialup communications, it allows for gathering routing and other addressing information. It is specifically limited to this information: the Act does not allow such surveillance to capture the actual information that is contained in the communication being monitored. However, organisations such as the EFF have pointed out that certain types of information that can be captured, such as URLs, can have content embedded in them. They object to the application of trap and trace and pen register devices to newer technology using a standard designed for telephones.
Making and carrying out orders
It also details that an order may be applied for ex parte (without the party it is made against present, which in itself is not unusual for search warrants), and allows the agency who applied for the order to compel any relevant person or entity providing wire or electronic communication service to assist with the surveillance. If the party whom the order is made against so requests, the attorney for the Government, law enforcement or investigative officer that is serving the order must provide written or electronic certification that the order applies to the targeted individual.
If a pen register or trap and trace device is used on a packet-switched data network, then the agency doing surveillance must keep a detailed log containing:
any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;
the configuration of the device at the time of its installation and any subsequent modification made to the device; and
any information which has been collected by the device
This information must be generated for the entire time the device is active, and must be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device. This must be done within 30 days after termination of the order.
Orders must now include the following information:[37]
the identifying number of the device under surveillance
the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied
if a trap and trace device is installed, the geographic limits of the order must be specified
This section amended the non-disclosure requirements of 18 U.S.C.§ 3123(d)(2) by expanding to include those whose facilities are used to establish the trap and trace or pen register or to those people who assist with applying the surveillance order who must not disclose that surveillance is being undertaken. Before this it had only applied to the person owning or leasing the line.
Definitions
The following terms were redefined in the US Code’s chapter 206 (which solely deals with pen registers and trap and trace devices):
Court of competent jurisdiction: defined in 18 U.S.C.§ 3127(2), subparagraph A was stricken and replaced to redefine the court to be any United States district court (including a magistrate judge of such a court) or any United States court of appeals havingjurisdiction over the offense being investigated (title 18 also allows State courts that have been given authority by their State to use pen register and trap and trace devices)
Pen register: defined in 18 U.S.C.§ 3127(3), the definition of such a device was expanded to include a device that captures dialing, routing, addressing, or signaling information from an electronics communication device. It limited the usage of such devices to exclude the capturing of any of the contents of communications being monitored. 18 U.S.C.§ 3124(b) was also similarly amended.
Trap and trace device: defined in 18 U.S.C.§ 3127(4), the definition was similarly expanded to include the dialing, routing, addressing, or signaling information from an electronics communication device. However, a trap and trace device can now also be a “process”, not just a device.
Contents:18 U.S.C.§ 3127(1) clarifies the term “contents” (as referred to in the definition of trap and trace devices and pen registers) to conform to the definition as defined in 18 U.S.C.§ 2510(8), which when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
Section 217: Interception of computer trespasser communications
Section 217 (Interception of computer trespasser communications) firstly defines the following terms:
Protected computer: this is defined in 18 U.S.C.§ 1030(e)(2)(A), and is any computer that is used by a financial institution or the United States Government or one which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
Computer trespasser: this is defined in 18 U.S.C.§ 2510(21) and references to this phrase means
a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and
does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer
Amendments were made to 18 U.S.C.§ 2511(2) to make it lawful to allow a person to intercept the communications of a computer trespasser if
the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer,
the person is lawfully engaged in an investigation,
the person has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to their investigation, and
any communication captured can only relate to those transmitted to or from the computer trespasser.
Section 218: Foreign intelligence information
Section 218 (Foreign intelligence information) amended 50 U.S.C.§ 1804(a)(7)(B) and 50 U.S.C.§ 1823(a)(7)(B) (both FISA sections 104(a) (7)(B) and section 303(a)(7)(B), respectively) to change “the purpose” of surveillance orders under FISA to gain access to foreign intelligence to “significant purpose”. Mary DeRosa, in The Patriot Debates, explained that the reason behind this was to remove a legal “wall” which arose when criminal and foreign intelligence overlapped. This was because the U.S. Department of Justice interpreted “the purpose” of surveillance was restricted to collecting information for foreign intelligence, which DeRosa says “was designed to ensure that prosecutors and criminal investigators did not use FISA to circumvent the more rigorous warrant requirements for criminal cases”. However, she also says that it is debatable whether this legal tightening of the definition was even necessary, stating that “the Department of Justice argued to the FISA Court of Review in 2002 that the original FISA standard did not require the restrictions that the Department of Justice imposed over the years, and the court appears to have agreed [which] leaves the precise legal effect of a sunset of section 218 somewhat murky.”[38]
Section 219: Single-jurisdiction search warrants for terrorism
Section 219 (Single-jurisdiction search warrants for terrorism) amended the Federal Rules of Criminal Procedure to allow a magistrate judge who is involved in an investigation of domestic terrorism or international terrorism the ability to issue a warrant for a person or property within or outside of their district.[39]
Section 220: Nationwide service of search warrants for electronic evidence
Section 220 (Nationwide service of search warrants for electronic evidence) gives the power to Federal courts to issue nationwide service of search warrants for electronic surveillance. However, only courts with jurisdiction over the offense can order such a warrant. This required amending 18 U.S.C.§ 2703 and 18 U.S.C.§ 2711.
Section 221: Trade sanctions
Section 221 (Trade sanctions) amended the Trade Sanctions Reform and Export Enhancement Act of 2000.[40] This Act prohibits, except under certain specific circumstances, the President from imposing a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity. The Act holds various exceptions to this prohibition, and the Patriot Act further amended the exceptions to include holding sanctions against countries that design, develop or produce chemical or biological weapons, missiles, or weapons of mass destruction.[41] It also amended the act to include the Taliban as state sponsors of international terrorism. In amending Title IX, section 906 of the Trade sanctions act, the Taliban was determined by the Secretary of State to have repeatedly provided support for acts of international terrorism and the export of agricultural commodities, medicine, or medical devices is now pursuant to one-year licenses issued and reviewed by the United States Government.[42] However, the export of agricultural commodities, medicine, or medical devices to the Government of Syria or to the Government of North Korea were exempt from such a restriction.[43]
The Patriot Act further states that nothing in the Trade Sanctions Act will limit the application of criminal or civil penalties to those who export agricultural commodities, medicine, or medical devices to:
any foreign entity or individual who is subject to any restriction for involvement in weapons of mass destruction or missile proliferation.
Section 222: Assistance to law enforcement agencies
Section 222 (Assistance to law enforcement agencies) states that nothing in the Patriot Act shall make a communications provider or other individual provide more technical assistance to a law enforcement agency than what is set out in the Act. It also allows for the reasonable compensation of any expenses incurred while assisting with the establishment of pen registers or trap and trace devices.[47]
Section 223: Civil liability for certain unauthorized disclosures
18 U.S.C.§ 2520(a) allows any person who has had their rights violated due to the illegal interception of communications to take civil action against the offending party. Section 223 (Civil liability for certain unauthorized disclosures) excluded the United States from such civil action.
If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of chapter 119 of the U.S. Code they may request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action.[48]
A citizen’s rights will also be found to have been violated if an investigative, law enforcement officer or governmental entity discloses information beyond that allowed in 18 U.S.C.§ 2517(a).[49]
U.S. Code Title 18, Section 2712 added
A totally new section was appended to Title 18, Chapter 121 of the US Code: Section 2712, “Civil actions against the United States”. It allows people to take action against the US Government if they feel that they had their rights violated, as defined in chapter 121,chapter 119, or sections 106(a), 305(a), or 405(a) of FISA. The court may assess damages no less than $US10,000 and litigation costs that are reasonably incurred. Those seeking damages must present them to the relevant department or agency as specified in the procedures of the Federal Tort Claims Act.
Actions taken against the United States must be initiated within two years of when the claimant has had a reasonable chance to discover the violation. All cases are presented before a judge, not a jury. However, the court will order a stay of proceedings if they determine that if during the court case civil discovery will hurt the ability of the government to conduct a related investigation or the prosecution of a related criminal case. If the court orders the stay of proceedings they will extend the time period that a claimant has to take action on a reported violation. However, the government may respond to any action against it by submitting evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. The plaintiff is then given an opportunity to make a submission to the court, not ex parte, and the court may request further information from either party.[50]
If a person wishes to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under FISA, then the Attorney General may file an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States. In these cases, the court may review in camera and ex parte the material relating to the surveillance to make sure that such surveillance was lawfully authorized and conducted. The court may then disclose part of material relating to the surveillance. However, the court is restricted in they may only do this “where such disclosure is necessary to make an accurate determination of the legality of the surveillance”.[50] If it then determined that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the result of such surveillance may be suppressed as evidence. However, should the court determine that such surveillance was lawfully authorised and conducted, they may deny the motion of the aggrieved person.[51]
It is further stated that if a court or appropriate department or agency determines that an officer or employee of the United States willfully or intentionally violated any provision of chapter 121 of the U.S. Code they will request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action. (see[49] for a similar part of the Act)
Section 224: Sunset
This article is outdated. Please update this article to reflect recent events or newly available information.(November 2010)
Section 224 (Sunset) is a sunset clause. Title II and the amendments made by the title originally would have ceased to have effect on December 31, 2005, with the exception of the below sections. However, on December 22, 2005, the sunset clause expiration date was extended to February 3, 2006, and then on February 2, 2006 it was further extended to March 10:
Title II sections that did not expire on March 10, 2006
Section
Section title
203(a)
Authority to share criminal investigation information : Authority to share Grand Jury information
203(c)
Authority to share criminal investigation information : Procedures
205
Employment of translators by the Federal Bureau of Investigation
208
Designation of judges
210
Scope of subpoenas for records of electronic communications
211
Clarification of scope
213
Authority for delaying notice of the execution of a warrant
216
Modification of authorities relating to use of pen registers and trap and trace devices
219
Single-jurisdiction search warrants for terrorism
221
Trade sanctions
222
Assistance to law enforcement agencies
Further, any particular foreign intelligence investigations that are ongoing will continue to be run under the expired sections.
Section 225: Immunity for compliance with FISA wiretap[edit]
Section 225 (Immunity for compliance with FISA wiretap) gives legal immunity to any provider of a wire or electronic communication service, landlord, custodian, or other person that provides any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance. This was added to FISA as section 105 (50 U.S.C.§ 1805).
Jump up^18 U.S.C.§ 3103a(a) states that “a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States”
Jump up^This is defined in Executive Order No. 12947: “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process”
Jump up^This is defined in Executive Order No. 13224: “Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism”
Story 1: Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State — Alive, Well and Growing — Videos
Amendment IV
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.
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Everything We Know About NSA Spying: “Through a PRISM, Darkly” – Kurt Opsahl at CCC
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Last Week Tonight with John Oliver: Government Surveillance (HBO)
The Lame Duck Show: Turn Key Tyranny Solutions
PBS Nova S36E11 The Spy Factory Full Documentary
Inside The NSA~Americas Cyber Secrets
Full Documentaries – National Security Agency Secrets – (NSA) Special Documentary
NSA can spy on 98 percent of the world
Glenn Becks “SURVEILLANCE STATE”
Glenn Greenwald on Domestic Surveillance: NSA Warrantless Wiretapping Controversy (2006)
Enemy of the State (1998) Predicts Edward Snowden’s Revelations
Enemy Of The State – The NSA Can Read The Time Off Your F**king Wristwatch!
Will Smith | Enemy of the State 1998 Movie Full HD
Ron Paul to Congress: DO NOT Extend the “PATRIOT” Act!
Congressman Ron Paul, MD – We’ve Been NeoConned
Why Shouldn’t I Work for the NSA?
(Good Will Hunting)
N.S.A. Phone Data Collection Is Illegal, Appeals Court Rules
THE COMPUTERS ARE LISTENING
HOW THE NSA CONVERTS SPOKEN WORDS INTO SEARCHABLE TEXT
Most people realize that emails and other digital communications they once considered private can now become part of their permanent record.
But even as they increasingly use apps that understand what they say, most people don’t realize that the words they speak are not so private anymore, either.
Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored.
The documents show NSA analysts celebrating the development of what they called “Google for Voice” nearly a decade ago.
Though perfect transcription of natural conversation apparently remains the Intelligence Community’s “holy grail,” the Snowden documentsdescribe extensive use of keyword searching as well as computer programs designed to analyze and “extract” the content of voice conversations, and even use sophisticated algorithms to flag conversations of interest.
The documents include vivid examples of the use of speech recognition in war zones like Iraq and Afghanistan, as well as in Latin America. But they leave unclear exactly how widely the spy agency uses this ability, particularly in programs that pick up considerable amounts of conversations that include people who live in or are citizens of the United States.
Spying on international telephone calls has always been a staple of NSA surveillance, but the requirement that an actual person do the listening meant it was effectively limited to a tiny percentage of the total traffic. By leveraging advances in automated speech recognition, the NSA has entered the era of bulk listening.
And this has happened with no apparent public oversight, hearings or legislative action. Congress hasn’t shown signs of even knowing that it’s going on.
The USA Freedom Act — the surveillance reform bill that Congress is currently debating — doesn’t address the topic at all. The bill would end an NSA program that does not collect voice content: the government’s bulk collection of domestic calling data, showing who called who and for how long.
Even if becomes law, the bill would leave in place a multitude of mechanisms exposed by Snowden that scoop up vast amounts of innocent people’s text and voice communications in the U.S. and across the globe.
Civil liberty experts contacted by The Intercept said the NSA’s speech-to-text capabilities are a disturbing example of the privacy invasions that are becoming possible as our analog world transitions to a digital one.
“I think people don’t understand that the economics of surveillance have totally changed,” Jennifer Granick, civil liberties director at the Stanford Center for Internet and Society, told The Intercept.
“Once you have this capability, then the question is: How will it be deployed? Can you temporarily cache all American phone calls, transcribe all the phone calls, and do text searching of the content of the calls?” she said. “It may not be what they are doing right now, but they’ll be able to do it.”
And, she asked: “How would we ever know if they change the policy?”
Indeed, NSA officials have been secretive about their ability to convert speech to text, and how widely they use it, leaving open any number of possibilities.
That secrecy is the key, Granick said. “We don’t have any idea how many innocent people are being affected, or how many of those innocent people are also Americans.”
I Can Search Against It
NSA whistleblower Thomas Drake, who was trained as a voice processing crypto-linguist and worked at the agency until 2008, told The Intercept that he saw a huge push after the September 11, 2001 terror attacks to turn the massive amounts of voice communications being collected into something more useful.
Human listening was clearly not going to be the solution. “There weren’t enough ears,” he said.
The transcripts that emerged from the new systems weren’t perfect, he said. “But even if it’s not 100 percent, I can still get a lot more information. It’s far more accessible. I can search against it.”
Converting speech to text makes it easier for the NSA to see what it has collected and stored, according to Drake. “The breakthrough was being able to do it on a vast scale,” he said.
More Data, More Power, Better Performance
The Defense Department, through its Defense Advanced Research Projects Agency (DARPA), started funding academic and commercial research into speech recognition in the early 1970s.
What emerged were several systems to turn speech into text, all of which slowly but gradually improved as they were able to work with more data and at faster speeds.
In a brief interview, Dan Kaufman, director of DARPA’s Information Innovation Office, indicated that the government’s ability to automate transcription is still limited.
Kaufman says that automated transcription of phone conversation is “super hard,” because “there’s a lot of noise on the signal” and “it’s informal as hell.”
“I would tell you we are not very good at that,” he said.
In an ideal environment like a news broadcast, he said, “we’re getting pretty good at being able to do these types of translations.”
A 2008 document from the Snowden archive shows that transcribing news broadcasts was already working well seven years ago, using a program called Enhanced Video Text and Audio Processing:
(U//FOUO) EViTAP is a fully-automated news monitoring tool. The key feature of this Intelink-SBU-hosted tool is that it analyzes news in six languages, including Arabic, Mandarin Chinese, Russian, Spanish, English, and Farsi/Persian. “How does it work?” you may ask. It integrates Automatic Speech Recognition (ASR) which provides transcripts of the spoken audio. Next, machine translation of the ASR transcript translates the native language transcript to English. Voila! Technology is amazing.
Experts in speech recognition say that in the last decade or so, the pace of technological improvement has been explosive. As information storage became cheaper and more efficient, technology companies were able to store massive amounts of voice data on their servers, allowing them to continually update and improve the models. Enormous processors, tuned as “deep neural networks” that detect patterns like human brains do, produce much cleaner transcripts.
And the Snowden documents show that the same kinds of leaps forward seen in commercial speech-to-text products have also been happening in secret at the NSA, fueled by the agency’s singular access to astronomical processing power and its own vast data archives.
In fact, the NSA has been repeatedly releasing new and improved speech recognition systems for more than a decade.
The first-generation tool, which made keyword-searching of vast amounts of voice content possible, was rolled out in 2004 and code-named RHINEHART.
“Voice word search technology allows analysts to find and prioritize intercept based on its intelligence content,” says an internal 2006 NSA memo entitled “For Media Mining, the Future Is Now!”
The memo says that intelligence analysts involved in counterterrorism were able to identify terms related to bomb-making materials, like “detonator” and “hydrogen peroxide,” as well as place names like “Baghdad” or people like “Musharaf.”
RHINEHART was “designed to support both real-time searches, in which incoming data is automatically searched by a designated set of dictionaries, and retrospective searches, in which analysts can repeatedly search over months of past traffic,” the memo explains (emphasis in original).
As of 2006, RHINEHART was operating “across a wide variety of missions and languages” and was “used throughout the NSA/CSS [Central Security Service] Enterprise.”
But even then, a newer, more sophisticated product was already being rolled out by the NSA’s Human Language Technology (HLT) program office. The new system, called VoiceRT, was first introduced in Baghdad, and “designed to index and tag 1 million cuts per day.”
The goal, according to another 2006 memo, was to use voice processing technology to be able “index, tag and graph,” all intercepted communications. “Using HLT services, a single analyst will be able to sort through millions of cuts per day and focus on only the small percentage that is relevant,” the memo states.
A 2009 memo from the NSA’s British partner, GCHQ, describes how “NSA have had the BBN speech-to-text system Byblos running at Fort Meade for at least 10 years. (Initially they also had Dragon.) During this period they have invested heavily in producing their own corpora of transcribed Sigint in both American English and an increasing range of other languages.” (GCHQ also noted that it had its own small corpora of transcribed voice communications, most of which happened to be “Northern Irish accented speech.”)
VoiceRT, in turn, was surpassed a few years after its launch. According to the intelligence community’s “Black Budget” for fiscal year 2013, VoiceRT was decommissioned and replaced in 2011 and 2012, so that by 2013, NSA could operationalize a new system. This system, apparently called SPIRITFIRE, could handle more data, faster. SPIRITFIRE would be “a more robust voice processing capability based on speech-to-text keyword search and paired dialogue transcription.”
Extensive Use Abroad
Voice communications can be collected by the NSA whether they are being sent by regular phone lines, over cellular networks, or through voice-over-internet services. Previously released documents from the Snowden archive describe enormous efforts by the NSA during the last decade to get access to voice-over-internet content like Skype calls, for instance. And other documents in the archive chronicle the agency’s adjustment to the fact that an increasingly large percentage of conversations, even those that start as landline or mobile calls, end up as digitized packets flying through the same fiber-optic cables that the NSA taps so effectively for other data and voice communications.
The Snowden archive, as searched and analyzed by The Intercept, documents extensive use of speech-to-text by the NSA to search through international voice intercepts — particularly in Iraq and Afghanistan, as well as Mexico and Latin America.
For example, speech-to-text was a key but previously unheralded element of the sophisticated analytical program known as the Real Time Regional Gateway (RTRG), which started in 2005 when newly appointed NSA chief Keith B. Alexander, according to the Washington Post, “wanted everything: Every Iraqi text message, phone call and e-mail that could be vacuumed up by the agency’s powerful computers.”
The Real Time Regional Gateway was credited with playing a role in “breaking up Iraqi insurgent networks and significantly reducing the monthly death toll from improvised explosive devices.” The indexing and searching of “voice cuts” was deployed to Iraq in 2006. By 2008, RTRG was operational in Afghanistan as well.
Keyword spotting extended to Iranian intercepts as well. A 2006 memoreported that RHINEHART had been used successfully by Persian-speaking analysts who “searched for the words ‘negotiations’ or ‘America’ in their traffic, and RHINEHART located a very important call that was transcribed verbatim providing information on an important Iranian target’s discussion of the formation of a the new Iraqi government.”
“Spanish is the most mature of our speech-to-text analytics,” the memo says, noting that the NSA and its Special Collections Service sites in Latin America, have had “great success searching for Spanish keywords.”
The memo offers an example from NSA Texas, where an analyst newly trained on the system used a keyword search to find previously unreported information on a target involved in drug-trafficking. In another case, an official at a Special Collection Service site in Latin America “was able to find foreign intelligence regarding a Cuban official in a fraction of the usual time.”
In a 2011 article, “Finding Nuggets — Quickly — in a Heap of Voice Collection, From Mexico to Afghanistan,” an intelligence analysis technical director from NSA Texas described the “rare life-changing instance” when he learned about human language technology, and its ability to “find the exact traffic of interest within a mass of collection.”
Analysts in Texas found the new technology a boon for spying. “From finding tunnels in Tijuana, identifying bomb threats in the streets of Mexico City, or shedding light on the shooting of US Customs officials in Potosi, Mexico, the technology did what it advertised: It accelerated the process of finding relevant intelligence when time was of the essence,” he wrote. (Emphasis in original.)
The author of the memo was also part of a team that introduced the technology to military leaders in Afghanistan. “From Kandahar to Kabul, we have traveled the country explaining NSA leaders’ vision and introducing SIGINT teams to what HLT analytics can do today and to what is still needed to make this technology a game-changing success,” the memo reads.
Extent of Domestic Use Remains Unknown
What’s less clear from the archive is how extensively this capability is used to transcribe or otherwise index and search voice conversations that primarily involve what the NSA terms “U.S. persons.”
The NSA did not answer a series of detailed questions about automated speech recognition, even though an NSA “classification guide” that is part of the Snowden archive explicitly states that “The fact that NSA/CSS has created HLT models” for speech-to-text processing as well as gender, language and voice recognition, is “UNCLASSIFIED.”
Also unclassified: The fact that the processing can sort and prioritize audio files for human linguists, and that the statistical models are regularly being improved and updated based on actual intercepts. By contrast, because they’ve been tuned using actual intercepts, the specific parameters of the systems are highly classified.
“The National Security Agency employs a variety of technologies in the course of its authorized foreign-intelligence mission,” spokesperson Vanee’ Vines wrote in an email to The Intercept. “These capabilities, operated by NSA’s dedicated professionals and overseen by multiple internal and external authorities, help to deter threats from international terrorists, human traffickers, cyber criminals, and others who seek to harm our citizens and allies.”
Vines did not respond to the specific questions about privacy protections in place related to the processing of domestic or domestic-to-international voice communications. But she wrote that “NSA always applies rigorous protections designed to safeguard the privacy not only of U.S. persons, but also of foreigners abroad, as directed by the President in January 2014.”
“I’m not going to get into whether any program does or does not have that capability,” PCLOB chairman David Medine told The Intercept.
His board’s reports, he said, contained only information that the intelligence community agreed could be declassified.
“We went to the intelligence community and asked them to declassify a significant amount of material,” he said. The “vast majority” of that material was declassified, he said. But not all — including “facts that we thought could be declassified without compromising national security.”
Hypothetically, Medine said, the ability to turn voice into text would raise significant privacy concerns. And it would also raise questions about how the intelligence agencies “minimize” the retention and dissemination of material— particularly involving U.S. persons — that doesn’t include information they’re explicitly allowed to keep.
“Obviously it increases the ability of the government to process information from more calls,” Medine said. “It would also allow the government to listen in on more calls, which would raise more of the kind of privacy issues that the board has raised in the past.”
“I’m not saying the government does or doesn’t do it,” he said, “just that these would be the consequences.”
A New Learning Curve
Speech recognition expert Bhiksha Raj likens the current era to the early days of the Internet, when people didn’t fully realize how the things they typed would last forever.
“When I started using the Internet in the 90s, I was just posting stuff,” said Raj, an associate professor at Carnegie Mellon University’s Language Technologies Institute. “It never struck me that 20 years later I could go Google myself and pull all this up. Imagine if I posted something on alt.binaries.pictures.erotica or something like that, and now that post is going to embarrass me forever.”
The same is increasingly becoming the case with voice communication, he said. And the stakes are even higher, given that the majority of the world’s communication has historically been conducted by voice, and it has traditionally been considered a private mode of communication.
“People still aren’t realizing quite the magnitude that the problem could get to,” Raj said. “And it’s not just surveillance,” he said. “People are using voice services all the time. And where does the voice go? It’s sitting somewhere. It’s going somewhere. You’re living on trust.” He added: “Right now I don’t think you can trust anybody.”
“Things aren’t ephemeral anymore,” Taipale told The Intercept. “We’re living in a world where many things that were fleeting in the analog world are now on the permanent record. The question then becomes: what are the consequences of that and what are the rules going to be to deal with those consequences?”
Realistically, Taipale said, “the ability of the government to search voice communication in bulk is one of the things we may have to live with under some circumstances going forward.” But there at least need to be “clear public rules and effective oversight to make sure that the information is only used for appropriate law-enforcement or national security purposes consistent with Constitutional principles.”
Ultimately, Taipale said, a system where computers flag suspicious voice communications could be less invasive than one where people do the listening, given the potential for human abuse and misuse to lead to privacy violations. “Automated analysis has different privacy implications,” he said.
But to Jay Stanley, a senior policy analyst with the ACLU’s Speech, Privacy and Technology Project, the distinction between a human listening and a computer listening is irrelevant in terms of privacy, possible consequences, and a chilling effect on speech.
“What people care about in the end, and what creates chilling effects in the end, are consequences,” he said. “I think that over time, people would learn to fear computerized eavesdropping just as much as they fear eavesdropping by humans, because of the consequences that it could bring.”
Indeed, computer listening could raise new concerns. One of the internal NSA memos from 2006 says an “important enhancement under development is the ability for this HLT capability to predict what intercepted data might be of interest to analysts based on the analysts’ past behavior.”
Citing Amazon’s ability to not just track but predict buyer preferences, the memo says that an NSA system designed to flag interesting intercepts “offers the promise of presenting analysts with highly enriched sorting of their traffic.”
To Phillip Rogaway, a professor of computer science at the University of California, Davis, keyword-search is probably the “least of our problems.” In an email to The Intercept, Rogaway warned that “When the NSA identifies someone as ‘interesting’ based on contemporary NLP [Natural Language Processing] methods, it might be that there is no human-understandable explanation as to why beyond: ‘his corpus of discourse resembles those of others whom we thought interesting’; or the conceptual opposite: ‘his discourse looks or sounds different from most people’s.’”
If the algorithms NSA computers use to identify threats are too complex for humans to understand, Rogaway wrote, “it will be impossible to understand the contours of the surveillance apparatus by which one is judged. All that people will be able to do is to try your best to behave just like everyone else.”
EFF sued the Department of Justice (DOJ) on the 10th anniversary of the signing of the USA PATRIOT Act in October 2011 for answers about “secret interpretations” of a controversial section of the law. In June 2013, a leaked FISA court order publicly revealed that “secret interpretation”: the government was using Section 215 of the Patriot Act to collect the phone records of virtually every person in the United States.
Prior to the revelations, several senators warned that the DOJ was using Section 215 of the PATRIOT Act to support what government attorneys called a “sensitive collection program,” targeting large numbers of Americans. The language of Section 215 allows for secret court orders to collect “tangible things” that could be relevant to a government investigation – a far lower threshold and more expansive reach than a warrant based on probable cause. The list of possible “tangible things” the government can obtain is seemingly limitless, and could include everything from driver’s license records to Internet browsing patterns.
In response to a court order in our lawsuit, in September 2013, the government released hundreds of pages of previously secret FISA documents detailing the court’s interpretation of Section 215, including an opinion excoriating the NSA for misusing its mass surveillance database for years. In October 2013, the government released a second batch of documents related to Section 215, which showed, among other things, that the NSA had collected cell site location without notifying its oversight committees in Congress or the FISA court.
EFF’s lawsuit came after the DOJ failed to respond to a Freedom of Information Act (FOIA) request on the interpretation and use of Section 215. The suit demanded records describing the types of “tangible things” that have been collected so far, the legal basis for the “sensitive collection program,” and information on the how many people have been affected by Section 215 orders.
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
Published on Dec 30, 2013
Through a PRISM, Darkly
Everything we know about NSA spying
From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.
Speaker: Kurt Opsahl
EventID: 5255
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Language: english
Glenn Becks “SURVEILLANCE STATE”
Inside the NSA
Ed Snowden, NSA, and Fairy Tales
AT&T Spying On Internet Traffic
For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”
NSA Whistle-Blower Tells All – Op-Docs: The Program
The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
He told you so: Bill Binney talks NSA leaks
William Benny – The Government is Profiling You (The NSA is Spying on You)
‘After 9/11 NSA had secret deal with White House’
The story of Whistleblower Thomas Drake
Whistleblowers, Part Two: Thomas Drake
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
Meet Edward Snowden: NSA PRISM Whistleblower
The Truth About Edward Snowden
N.S.A. Spying: Why Does It Matter?
Inside The NSA~Americas Cyber Secrets
NSA Whistleblower Exposes Obama’s Dragnet
AT&T whistleblower against immunity for Bush spy program-1/2
AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program
The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.
AT&T whistleblower against immunity for Bush spy program-2/2
Enemy Of The State 1998 (1080p) (Full movie)
Background Articles and Videos
Stellar Wind
Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau.[1] The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001.[2] Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.[3]
The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity.[1] William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[4]
There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[4]
During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2] One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.[1]
In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[5] The article suggested that the otherwise dispatched Stellar Wind is actually an active program.
PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[1][2][3][Notes 1]PRISM is a government codename for a data collection effort known officially as US-984XN.[8][9] It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA).[10] The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.
A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.”[11] The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012.[12] The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.[13][14]
According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum.[15] Clapper issued a statement and “fact sheet”[16] to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.[17]
History
Slide showing that much of the world’s communications flow through the US
Details of information collected via PRISM
PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s.[1] A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC).[18][19][20][21] PRISM was authorized by an order of the FISC.[11] Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017.[2][22] According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.[22]
PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden.[2][1] The leaked documents included 41 PowerPoint slides, four of which were published in news articles.[1][2] The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012).[23] The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”[1]
The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States.[11] The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.[2][11]
According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally.[1] Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”[1]
Response from companies
The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.[2][1]
Initial Public Statements
Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports.[2][24] Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:[25][26]
Slide listing companies and the date that PRISM collection began
Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”[25]
Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.”[25] “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”[26]
Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”[25]
Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.”[25] “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”[26]
Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”[27]
Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”[25]
In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data.[13]The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.”[1] “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.[26]
“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.[28]
Slide showing two different sources of NSA data collection. The first source the fiber optic cables of the internet handled by the Upstream program and the second source the servers of major internet companies handled by PRISM.[29]
On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant.[30] Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”[31]
The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.”[32] The other companies held discussions with national security personnel on how to make data available more efficiently and securely.[32] In some cases, these companies made modifications to their systems in support of the intelligence collection effort.[32] The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel.[32] These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers”[29] and the companies’ denials.[32]
While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission.[32] Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said.[32] Facebook, for instance, built such a system for requesting and sharing the information.[32] Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.[33]
Post-PRISM Transparency Reports
In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.
On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000” user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.[34]
Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.[35]
Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.[36]
Response from United States government
Executive branch
Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats.[13] The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.”[37] He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.”[37] Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”[37] On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans.[38] In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.[39]
Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”[15]
On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.”[40][10] The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10]
The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”[10]
The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.”[41] He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”[41]
In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.[42]
Legislative branch
In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification,[43] and others said that they had not been aware of the program.[44] After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:
Senator John McCain (R-AZ)
June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”[45]
Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee
June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.[46]
June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”[47]
June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”[48]
Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee
June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”[49]
Representative John Boehner (R-OH), Speaker of the House of Representatives
June 11 “He’s a traitor”[50] (referring to Edward Snowden)
Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act
June 9, “This is well beyond what the Patriot Act allows.”[51] “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”[51]
Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.
June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”[46]
June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”[52]
Senator Mark Udall (D-CO)
June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.[46]
Representative Todd Rokita (R-IN)
June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,[53]
Senator Rand Paul (R-KY)
June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”[54]
June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”[45]
Representative Luis Gutierrez (D-IL)
June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”[52]
Judicial branch
The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.
Applicable law and practice
On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10] Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”[55] In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.”[55] When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.”[55] They do not need to specify which facilities or property that the targeting will be directed at.[55]
After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret.[55] The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.
If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.[55]
If the provider rejects the directive, the A.G. may request an order from FISC to enforce it.[55] A provider that fails to comply with FISC’s order can be punished with contempt of court.[55]
Finally, a provider can petition FISC to reject the directive.[55] In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order.[55] The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.[55]
The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”[56]
Involvement of other countries
Australia
The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.[57]
Canada
Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”[58]
Germany
Germany did not receive any raw PRISM data, according to a Reuters report.[59]
Israel
Israeli newspaper Calcalist discussed[60] the Business Insider article[61] about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.
New Zealand
In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”[62]
United Kingdom
In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.[63][64]
Domestic response
The neutrality of this section is disputed. Please do not remove this message until the dispute is resolved. (June 2013)
The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,”[65] and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”[66]
Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.”[67] Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.”[67] He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.[68]
In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case.[69] An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.”[69] Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.”[69] Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.”[70] In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.[71]
In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers;[72] the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.”[72][73] George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.[74]
The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.[75]
On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.[76]
International response
Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California.[77][78] When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”.[79] The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style.[80] Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”[81]
Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.[82]
Protests at Checkpoint Charlie in Berlin
The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”.[83] He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.[84]
The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.[85]
William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism[86] saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.”[86] David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.”[86][87] Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority.[87] The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”[82]
Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”[88]
Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.”[89] The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.[90]
Russia has offered to consider an asylum request from Edward Snowden.[91]
Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”[92][93]
A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”[94]
A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.[95]
ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun.[1] The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.[2] The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.
ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections.[3] A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.[4]
Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.[1][2] It ran over budget, failed to accomplish critical goals, and was cancelled.
NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.
The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.[5]
Background
Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens.[4][3] Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.[3]
In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management; Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]
Redacted version of the DoD Inspector General audit, obtained through the Freedom of Information Act by the Project on Government Oversight and others. [12][5]
The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” [13]
In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.”[5] The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]
In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down,[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.[17]
The new project replacing Trailblazer is called Turbulence.[3]
Whistleblowing
According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”[3]
In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.[19]
Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.[3]
In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[21] It had cost more than $1 billion.[8][22][23]
In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18] Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.[3]
In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[24][17][25] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]
In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.
In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][26][27] part of President Barack Obama’s crackdown on whistleblowers and “leakers”.[24][17][28][18] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]
In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.[5]
Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities.[1] It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian.[2] According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.
Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.[3][4]
History
Slide showing that much of the world’s communications flow through the US.
Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).[5][6][7]
NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.[8]
Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian.[1][9] The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.[10]
Technology
According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.[11]
Legality and FISA Amendments Act of 2008
The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.[12][13][14][15]
The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”[16]
Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.[17][18]
ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement[1] (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS[1] and Five Eyes).[2][3] It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.[4]
ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[5]
The system has been reported in a number of public sources.[6] Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001,[5] and by author James Bamford in his books on the National Security Agency of the United States.[4] The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.[5]
Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.
The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:
the Government Communications Headquarters of the United Kingdom,
the National Security Agency of the United States,
the Communications Security Establishment of Canada,
the Defence Signals Directorate of Australia, and
the Government Communications Security Bureau of New Zealand.
the National SIGINT Organisation (NSO) of The Netherlands
The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.[5]
Capabilities
The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic.[5] During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication,[7] and could be intercepted at great distances.[5] The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”[5]
The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber.[8] The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%.[5] Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video.[9] Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.[5]
One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt.[5] A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.[5]
Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.[10]
Controversy
See also: Industrial espionage
Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes.[10] Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon[5][11] and the speech technology developed by the Belgian firm Lernout & Hauspie.[12] An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.[13][14]
In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.[5]
Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.
Hardware
According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits.[citation needed] The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.[15]
Name
The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.”[5] The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).
Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK.[16] At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.[17]
Ground stations
The 2001 European Parliamentary (EP) report[5] lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:
Likely satellite intercept stations
The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:
Hong Kong (since closed)
Australian Defence Satellite Communications Station (Geraldton, Western Australia)
Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)[18]
Misawa Air Base (Japan) Map
GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
Sugar Grove (West Virginia, U.S.) Map
Yakima Training Center (Washington, U.S.) Map
GCSB Waihopai (New Zealand)
GCSB Tangimoana (New Zealand)
CFS Leitrim (Ontario, Canada)
Teufelsberg (Berlin, Germany) (closed 1992)
Other potentially related stations
The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:
Ayios Nikolaos (Cyprus – U.K.)
BadAibling Station (BadAibling, Germany – U.S.)
relocated to Griesheim in 2004[19]
deactivated in 2008[20]
Buckley Air Force Base (Aurora, Colorado)
Fort Gordon (Georgia, U.S.)
Gander (Newfoundland & Labrador, Canada)
Guam (Pacific Ocean, U.S.)
Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
Lackland Air Force Base, Medina Annex (San Antonio, Texas)
Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency that commenced operations in 2003 and was exposed in 2006.[1][2]
Description
Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T.[1] The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic[3] and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.”[4] Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.[2]
The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.[1]
The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T.[5] Klein claims he was told that similar black rooms are operated at other facilities around the country.
Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.
Lawsuit
Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings[4]
More complicated diagram of how it allegedly worked. From EFF court filings.[3] See bottom of the file page for enlarged and rotated version.
The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.[6] A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.
PRISM: A clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) which can target customers of participating corporations outside or inside the United States
Main Core: A personal and financial database storing information of millions of U.S. citizens believed to be threats to national security.[7] The data mostly comes from the NSA, FBI, CIA, as well as other government sources.[7]
Carnivore: A system implemented by the Federal Bureau of Investigation that was designed to monitor email and electronic communications. Apparently replaced by commercial software such as NarusInsight
Intelligence Community (IC): A cooperative federation of 16 government agencies working together, but also separately, to gather intelligence and conduct espionage
President George W. Bush gestures as he addresses an audience Wednesday, July 20, 2005 at the Port of Baltimore in Baltimore, Md., encouraging the renewal of provisions of the Patriot Act.
The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United StatesCongress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections (section 224) containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title’s provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.
Title II contains many of the most contentious provisions of the act. Supporters of the Patriot Act claim that these provisions are necessary in fighting the War on Terrorism, while its detractors argue that many of the sections of Title II infringe upon individual and civil rights.
The sections of Title II amend the Foreign Intelligence Surveillance Act of 1978 and its provisions in 18 U.S.C., dealing with “Crimes and Criminal Procedure“. It also amends the Electronic Communications Privacy Act of 1986. In general, the Title expands federal agencies’ powers in intercepting, sharing, and using private telecommunications, especially electronic communications, along with a focus on criminal investigations by updating the rules that govern computer crime investigations. It also sets out procedures and limitations for individuals who feel their rights have been violated to seek redress, including against the United States government. However, it also includes a section that deals with trade sanctions against countries whose government supports terrorism, which is not directly related to surveillance issues.
Two sections dealt with the interception of communications by the United States government.
Section 201 is titled Authority to intercept wire, oral, and electronic communications relating to terrorism. This section amended 18 U.S.C.§ 2516 (Authorization for interception of wire, oral, or electronic communications) of the United States Code. This section allows (under certain specific conditions) the United States Attorney General (or some of his subordinates) to authorize a Federal judge to make an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation (FBI), or another relevant U.S. Federal agency.
The Attorney General’s subordinates who can use Section 201 are: the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division who is specially designated by the Attorney General.
The amendment added a further condition which allowed an interception order to be carried out. The interception order may now be made if a criminal violation is made with respect to terrorism (defined by 18 U.S.C.§ 2332):
Section 202 is titled Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses, and amended the United States Code to include computer fraud and abuse in the list of reasons why an interception order may be granted.[3][4]
Section 203: Authority to share criminal investigative information
Section 203 (Authority to share criminal investigation information) modified the Federal Rules of Criminal Procedure with respect to disclosure of information before the grand jury (Rule 6(e)). Section 203(a) allowed the disclosure of matters in deliberation by the grand jury, which are normally otherwise prohibited, if:
a court orders it (before or during a judicial proceeding),
a court finds that there are grounds for a motion to dismiss an indictment because of matters before the Grand Jury,
if the matters in deliberation are made by an attorney for the government to another Federal grand jury,
an attorney for the government requests that matters before the grand jury may reveal a violation of State criminal law,
the matters involve foreign intelligence or counterintelligence or foreign intelligence information. Foreign intelligence and counterintelligence was defined in section 3 of the National Security Act of 1947,[5] and “foreign intelligence information” was further defined in the amendment as information about:
an actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
sabotage or international terrorism by a foreign power or an agent of a foreign power; or
clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
information about a foreign power or foreign territory that relates to the national defense or the security of the United States or the conduct of the foreign affairs of the United States.’.
information about non-U.S. and U.S. citizens
203(a) gave the court the power to order a time within which information may be disclosed, and specified when a government agency may use information disclosed about a foreign power. The rules of criminal procedure now state that “within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.”
Section 203(b) modified 18 U.S.C.§ 2517, which details who is allowed to learn the results of a communications interception, to allow any investigative or law enforcement officer, or attorney for the Government to divulge foreign intelligence, counterintelligence or foreign intelligence information to a variety of Federal officials. Specifically, any official who has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from this could divulge this information to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official. The definition of “foreign intelligence” was the same as section 203(a), with the same ability to define “foreign intelligence” to be intelligence of a non-U.S. and U.S. citizen. The information received must only be used as necessary in the conduct of the official’s official duties.[6]
The definition of “foreign intelligence information” is defined again in Section 203(d).
Section 203(c) specified that the Attorney General must establish procedures for the disclosure of information due to 18 U.S.C.§ 2517 (see above), for those people who are defined as U.S. citizens.[7]
Section 204: Limitations on communication interceptions
Section 204 (Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communication) removed restrictions from the acquisition of foreign intelligence information from international or foreign communications. It was also clarified that the Foreign Intelligence Surveillance Act of 1978 should not only be the sole means of electronic surveillance for just oral and wire intercepts, but should also include electronic communication.[8][9]
Section 205: Employment of translators by the FBI
Under section 205 (Employment of translators by the Federal Bureau of Investigation), the Director of the Federal Bureau of Investigation is now allowed to employ translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations. However, he must report to the House Judiciary Committee and Senate Judiciary Committee the number of translators employed and any legal reasons why he cannot employ translators from federal, state, or local agencies.[10]
Section 206: Roving surveillance authority
The Foreign Intelligence Surveillance Act of 1978[11] allows an applicant access to all information, facilities, or technical assistance necessary to perform electronic surveillance on a particular target. The assistance given must protect the secrecy of and cause as little disruption to the ongoing surveillance effort as possible. The direction could be made at the request of the applicant of the surveillance order, by a common carrier, landlord, custodian or other specified person. Section 206 (Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978) amended this to add:
or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a particular person.
This allows intelligence agencies to undertake “roving” surveillance: they do not have to specify the exact facility or location where their surveillance will be done. Roving surveillance was already specified for criminal investigations under 18 U.S.C.§ 2518(11), and section 206 brought the ability of intelligence agencies to undertake such roving surveillance into line with such criminal investigations. However, the section was not without controversy, as James X. Dempsey, the Executive Director of the Center for Democracy & Technology, argued that a few months after the Patriot Act was passed the Intelligence Authorization Act was also passed that had the unintended effect of seeming to authorize “John Doe” roving taps — FISA orders that identify neither the target nor the location of the interception (see The Patriot Debates, James X. Dempsey debates Paul Rosenzweig on section 206).[12]
Section 207: Duration of FISA surveillance on agents of a foreign powe
Previously FISA only defined the duration of a surveillance order against a foreign power (defined in 50 U.S.C.§ 1805(e)(1)) . This was amended by section 207 (Duration of FISA surveillance of non-United States persons who are agents of a foreign power) to allow surveillance of agents of a foreign power (as defined in section 50 U.S.C.§ 1801(b)(1)(A)) for a maximum of 90 days. Section 304(d)(1) was also amended to extend orders for physical searches from 45 days to 90 days, and orders for physical searches against agents of a foreign power are allowed for a maximum of 120 days. The act also clarified that extensions for surveillance could be granted for a maximum of a year against agents of a foreign power.[13]
Section 208: Designation of judges
Section 103(A) of FISA was amended by Section 208 (Designation of judges) of the Patriot Act to increase the number of federal district court judges who must now review surveillance orders from seven to 11. Of these, three of the judges must live within 20 miles (32 km) of the District of Columbia.[14]
Section 209: Seizure of voice-mail messages pursuant to warrants
Section 209 (Seizure of voice-mail messages pursuant to warrants) removed the text “any electronic storage of such communication” from title 18, section 2510 of the United States Code. Before this was struck from the Code, the U.S. government needed to apply for a title III wiretap order[15] before they could open voice-mails, however now the government only need apply for an ordinary search. Section 2703, which specifies when a “provider of electronic communication services” must disclose the contents of stored communications, was also amended to allow such a provider to be compelled to disclose the contents via a search warrant, and not a wiretap order. According to Vermont senator Patrick Leahy, this was done to “harmonizing the rules applicable to stored voice and non-voice (e.g., e-mail) communications”.[16][17]
Section 210 & 211: Scope of subpoenas for records of electronic communications
The U.S. Code specifies when the U.S. government may require a provider of an electronic communication service to hand over communication records.[18] It specifies what that provider must disclose to the government,[19] and was amended by section 210 (Scope of subpoenas for records of electronic communications) to include records of session times and durations of electronic communication as well as any identifying numbers or addresses of the equipment that was being used, even if this may only be temporary. For instance, this would include temporarily assigned IP addresses, such as those established by DHCP.[20]
Section 211 (Clarification of scope) further clarified the scope of such orders. 47 U.S.C.§ 551 (Section 631 of the Communications Act of 1934) deals with the privacy granted to users of cable TV. The code was amended to allow the government to have access to the records of cable customers, with the notable exclusion of records revealing cable subscriber selection of video programming from a cable operator.[21]
Section 212: Emergency disclosure of electronic communications
Section 212 (Emergency disclosure of electronic communications to protect life and limb) amended the US Code to stop a communications provider from providing communication records (not necessarily relating to the content itself) about a customer’s communications to others.[22] However, should the provider reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person then the communications provider can now disclose this information. The act did not make clear what “reasonably” meant.
A communications provider could also disclose communications records if:
a court orders the disclosure of communications at the request of a government agency (18 U.S.C.§ 2703)
the customer allows the information to be disclosed
if the service provider believes that they must do so to protect their rights or property.
Section 213 (Authority for delaying notice of the execution of a warrant) amended the US Code to allow the notification of search warrants[24] to be delayed.[25] This section has been commonly referred to as the “sneak and peek” section, a phrase originating from the FBI[citation needed] and not, as commonly believed, from opponents of the Patriot Act. The U.S. government may now legally search and seize property that constitutes evidence of a United States criminal offense without immediately telling the owner. The court may only order the delayed notification if they have reason to believe it would hurt an investigation — delayed notifications were already defined in 18 U.S.C.§ 2705 — or, if a search warrant specified that the subject of the warrant must be notified “within a reasonable period of its execution,” then it allows the court to extend the period before the notification is given, though the government must show “good cause”. If the search warrant prohibited the seizure of property or communications, then the search warrant could then be delayed.
Section 214: Pen register and trap and trace authority
FISA was amended by section 214 (Pen register and trap and trace authority under FISA) to clarify that pen register and trap and trace surveillance can be authorised to allow government agencies to gather foreign intelligence information.[27] Where the law only allowed them to gather surveillance if there was evidence of international terrorism, it now gives the courts the power to grant trap and traces against:
non-U.S. citizens.
those suspected of being involved with international terrorism,
those undertaking clandestine intelligence activities
Section 215: Access to records and other items under FISA
This section is commonly referred to as the “library records” provision[29] because of the wide range of personal material that can be investigated.[30][31]
FISA was modified by section 215 (Access to records and other items under the Foreign Intelligence Surveillance Act) to allow the Director of the FBI (or an official designated by the Director, so long as that official’s rank is no lower than Assistant Special Agent in Charge) to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. The act specifically gives an example to clarify what it means by “tangible things”: it includes “books, records, papers, documents, and other items”.
It is specified that any such investigation must be conducted in accordance with guidelines laid out in Executive Order 12333 (which pertains to United States intelligence activities). Investigations must also not be performed on U.S. citizens who are carrying out activities protected by the First Amendment to the Constitution of the United States.
Any order that is granted must be given by a FISA court judge or by a magistrate judge who is publicly designated by the Chief Justice of the United States to allow such an order to be given. Any application must prove that it is being conducted without violating the First Amendment rights of any U.S. citizens. The application can only be used to obtain foreign intelligence information not concerning a U.S. citizen or to protect against international terrorism or clandestine intelligence activities.
This section of the PATRIOT Act is controversial because the order may be granted ex parte, and once it is granted — in order to avoid jeopardizing the investigation — the order may not disclose the reasons behind why the order was granted.
The section carries a gag order stating that “No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section”. Senator Rand Paul stated that the non-disclosure is imposed for one year,[32] though this is not explicitly mentioned in the section.
In order to protect anyone who complies with the order, FISA now prevents any person who complies with the order in “good faith” from being liable for producing any tangible goods required by the court order. The production of tangible items is not deemed to constitute a waiver of any privilege in any other proceeding or context.
During a House Judiciary hearing on domestic spying on July 17, 2013 John C. Inglis, the deputy director of the surveillance agency, told a member of the House judiciary committee that NSA analysts can perform “a second or third hop query” through its collections of telephone data and internet records in order to find connections to terrorist organizations.[34] “Hops” refers to a technical term indicating connections between people. A three-hop query means that the NSA can look at data not only from a suspected terrorist, but from everyone that suspect communicated with, and then from everyone those people communicated with, and then from everyone all of those people communicated with.[34][35] NSA officials had said previously that data mining was limited to two hops, but Inglis suggested that the Foreign Intelligence Surveillance Court has allowed for data analysis extending “two or three hops”.[36]
Section 216: Authority to issue pen registers and trap and trace devices[edit]
Section 216 (Modification of authorities relating to use of pen registers and trap and trace devices) deals with three specific areas with regards to pen registers and trap and trace devices: general limitations to the use of such devices, how an order allowing the use of such devices must be made, and the definition of such devices.
Limitations
18 U.S.C.§ 3121 details the exceptions related to the general prohibition on pen register and trap and trace devices. Along with gathering information for dialup communications, it allows for gathering routing and other addressing information. It is specifically limited to this information: the Act does not allow such surveillance to capture the actual information that is contained in the communication being monitored. However, organisations such as the EFF have pointed out that certain types of information that can be captured, such as URLs, can have content embedded in them. They object to the application of trap and trace and pen register devices to newer technology using a standard designed for telephones.
Making and carrying out orders
It also details that an order may be applied for ex parte (without the party it is made against present, which in itself is not unusual for search warrants), and allows the agency who applied for the order to compel any relevant person or entity providing wire or electronic communication service to assist with the surveillance. If the party whom the order is made against so requests, the attorney for the Government, law enforcement or investigative officer that is serving the order must provide written or electronic certification that the order applies to the targeted individual.
If a pen register or trap and trace device is used on a packet-switched data network, then the agency doing surveillance must keep a detailed log containing:
any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;
the configuration of the device at the time of its installation and any subsequent modification made to the device; and
any information which has been collected by the device
This information must be generated for the entire time the device is active, and must be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device. This must be done within 30 days after termination of the order.
Orders must now include the following information:[37]
the identifying number of the device under surveillance
the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied
if a trap and trace device is installed, the geographic limits of the order must be specified
This section amended the non-disclosure requirements of 18 U.S.C.§ 3123(d)(2) by expanding to include those whose facilities are used to establish the trap and trace or pen register or to those people who assist with applying the surveillance order who must not disclose that surveillance is being undertaken. Before this it had only applied to the person owning or leasing the line.
Definitions
The following terms were redefined in the US Code’s chapter 206 (which solely deals with pen registers and trap and trace devices):
Court of competent jurisdiction: defined in 18 U.S.C.§ 3127(2), subparagraph A was stricken and replaced to redefine the court to be any United States district court (including a magistrate judge of such a court) or any United States court of appeals havingjurisdiction over the offense being investigated (title 18 also allows State courts that have been given authority by their State to use pen register and trap and trace devices)
Pen register: defined in 18 U.S.C.§ 3127(3), the definition of such a device was expanded to include a device that captures dialing, routing, addressing, or signaling information from an electronics communication device. It limited the usage of such devices to exclude the capturing of any of the contents of communications being monitored. 18 U.S.C.§ 3124(b) was also similarly amended.
Trap and trace device: defined in 18 U.S.C.§ 3127(4), the definition was similarly expanded to include the dialing, routing, addressing, or signaling information from an electronics communication device. However, a trap and trace device can now also be a “process”, not just a device.
Contents:18 U.S.C.§ 3127(1) clarifies the term “contents” (as referred to in the definition of trap and trace devices and pen registers) to conform to the definition as defined in 18 U.S.C.§ 2510(8), which when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
Section 217: Interception of computer trespasser communications
Section 217 (Interception of computer trespasser communications) firstly defines the following terms:
Protected computer: this is defined in 18 U.S.C.§ 1030(e)(2)(A), and is any computer that is used by a financial institution or the United States Government or one which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
Computer trespasser: this is defined in 18 U.S.C.§ 2510(21) and references to this phrase means
a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and
does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer
Amendments were made to 18 U.S.C.§ 2511(2) to make it lawful to allow a person to intercept the communications of a computer trespasser if
the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer,
the person is lawfully engaged in an investigation,
the person has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to their investigation, and
any communication captured can only relate to those transmitted to or from the computer trespasser.
Section 218: Foreign intelligence information
Section 218 (Foreign intelligence information) amended 50 U.S.C.§ 1804(a)(7)(B) and 50 U.S.C.§ 1823(a)(7)(B) (both FISA sections 104(a) (7)(B) and section 303(a)(7)(B), respectively) to change “the purpose” of surveillance orders under FISA to gain access to foreign intelligence to “significant purpose”. Mary DeRosa, in The Patriot Debates, explained that the reason behind this was to remove a legal “wall” which arose when criminal and foreign intelligence overlapped. This was because the U.S. Department of Justice interpreted “the purpose” of surveillance was restricted to collecting information for foreign intelligence, which DeRosa says “was designed to ensure that prosecutors and criminal investigators did not use FISA to circumvent the more rigorous warrant requirements for criminal cases”. However, she also says that it is debatable whether this legal tightening of the definition was even necessary, stating that “the Department of Justice argued to the FISA Court of Review in 2002 that the original FISA standard did not require the restrictions that the Department of Justice imposed over the years, and the court appears to have agreed [which] leaves the precise legal effect of a sunset of section 218 somewhat murky.”[38]
Section 219: Single-jurisdiction search warrants for terrorism
Section 219 (Single-jurisdiction search warrants for terrorism) amended the Federal Rules of Criminal Procedure to allow a magistrate judge who is involved in an investigation of domestic terrorism or international terrorism the ability to issue a warrant for a person or property within or outside of their district.[39]
Section 220: Nationwide service of search warrants for electronic evidence
Section 220 (Nationwide service of search warrants for electronic evidence) gives the power to Federal courts to issue nationwide service of search warrants for electronic surveillance. However, only courts with jurisdiction over the offense can order such a warrant. This required amending 18 U.S.C.§ 2703 and 18 U.S.C.§ 2711.
Section 221: Trade sanctions
Section 221 (Trade sanctions) amended the Trade Sanctions Reform and Export Enhancement Act of 2000.[40] This Act prohibits, except under certain specific circumstances, the President from imposing a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity. The Act holds various exceptions to this prohibition, and the Patriot Act further amended the exceptions to include holding sanctions against countries that design, develop or produce chemical or biological weapons, missiles, or weapons of mass destruction.[41] It also amended the act to include the Taliban as state sponsors of international terrorism. In amending Title IX, section 906 of the Trade sanctions act, the Taliban was determined by the Secretary of State to have repeatedly provided support for acts of international terrorism and the export of agricultural commodities, medicine, or medical devices is now pursuant to one-year licenses issued and reviewed by the United States Government.[42] However, the export of agricultural commodities, medicine, or medical devices to the Government of Syria or to the Government of North Korea were exempt from such a restriction.[43]
The Patriot Act further states that nothing in the Trade Sanctions Act will limit the application of criminal or civil penalties to those who export agricultural commodities, medicine, or medical devices to:
any foreign entity or individual who is subject to any restriction for involvement in weapons of mass destruction or missile proliferation.
Section 222: Assistance to law enforcement agencies
Section 222 (Assistance to law enforcement agencies) states that nothing in the Patriot Act shall make a communications provider or other individual provide more technical assistance to a law enforcement agency than what is set out in the Act. It also allows for the reasonable compensation of any expenses incurred while assisting with the establishment of pen registers or trap and trace devices.[47]
Section 223: Civil liability for certain unauthorized disclosures
18 U.S.C.§ 2520(a) allows any person who has had their rights violated due to the illegal interception of communications to take civil action against the offending party. Section 223 (Civil liability for certain unauthorized disclosures) excluded the United States from such civil action.
If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of chapter 119 of the U.S. Code they may request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action.[48]
A citizen’s rights will also be found to have been violated if an investigative, law enforcement officer or governmental entity discloses information beyond that allowed in 18 U.S.C.§ 2517(a).[49]
U.S. Code Title 18, Section 2712 added
A totally new section was appended to Title 18, Chapter 121 of the US Code: Section 2712, “Civil actions against the United States”. It allows people to take action against the US Government if they feel that they had their rights violated, as defined in chapter 121,chapter 119, or sections 106(a), 305(a), or 405(a) of FISA. The court may assess damages no less than $US10,000 and litigation costs that are reasonably incurred. Those seeking damages must present them to the relevant department or agency as specified in the procedures of the Federal Tort Claims Act.
Actions taken against the United States must be initiated within two years of when the claimant has had a reasonable chance to discover the violation. All cases are presented before a judge, not a jury. However, the court will order a stay of proceedings if they determine that if during the court case civil discovery will hurt the ability of the government to conduct a related investigation or the prosecution of a related criminal case. If the court orders the stay of proceedings they will extend the time period that a claimant has to take action on a reported violation. However, the government may respond to any action against it by submitting evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. The plaintiff is then given an opportunity to make a submission to the court, not ex parte, and the court may request further information from either party.[50]
If a person wishes to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under FISA, then the Attorney General may file an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States. In these cases, the court may review in camera and ex parte the material relating to the surveillance to make sure that such surveillance was lawfully authorized and conducted. The court may then disclose part of material relating to the surveillance. However, the court is restricted in they may only do this “where such disclosure is necessary to make an accurate determination of the legality of the surveillance”.[50] If it then determined that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the result of such surveillance may be suppressed as evidence. However, should the court determine that such surveillance was lawfully authorised and conducted, they may deny the motion of the aggrieved person.[51]
It is further stated that if a court or appropriate department or agency determines that an officer or employee of the United States willfully or intentionally violated any provision of chapter 121 of the U.S. Code they will request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action. (see[49] for a similar part of the Act)
Section 224: Sunset
This article is outdated. Please update this article to reflect recent events or newly available information.(November 2010)
Section 224 (Sunset) is a sunset clause. Title II and the amendments made by the title originally would have ceased to have effect on December 31, 2005, with the exception of the below sections. However, on December 22, 2005, the sunset clause expiration date was extended to February 3, 2006, and then on February 2, 2006 it was further extended to March 10:
Title II sections that did not expire on March 10, 2006
Section
Section title
203(a)
Authority to share criminal investigation information : Authority to share Grand Jury information
203(c)
Authority to share criminal investigation information : Procedures
205
Employment of translators by the Federal Bureau of Investigation
208
Designation of judges
210
Scope of subpoenas for records of electronic communications
211
Clarification of scope
213
Authority for delaying notice of the execution of a warrant
216
Modification of authorities relating to use of pen registers and trap and trace devices
219
Single-jurisdiction search warrants for terrorism
221
Trade sanctions
222
Assistance to law enforcement agencies
Further, any particular foreign intelligence investigations that are ongoing will continue to be run under the expired sections.
Section 225: Immunity for compliance with FISA wiretap[edit]
Section 225 (Immunity for compliance with FISA wiretap) gives legal immunity to any provider of a wire or electronic communication service, landlord, custodian, or other person that provides any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance. This was added to FISA as section 105 (50 U.S.C.§ 1805).
Jump up^18 U.S.C.§ 3103a(a) states that “a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States”
Jump up^This is defined in Executive Order No. 12947: “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process”
Jump up^This is defined in Executive Order No. 13224: “Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism”
Story 2: Hillary Clinton Goes Far Left and Makes Illegal Immigration A Wedge Issue — Favors A Path To Citizenship For 30-50 Million Illegal Aliens In United States — American Workers and Unemployed Will Turnout and Vote Republican — Videos
Hillary promises to ‘go even further’ with immigration orders(6-5-2015)
Hillary Clinton: Deportation makes no sense
Immigration by the Numbers — Off the Charts
BRASS TACKS ON IMMIGRATION
How Many Illegal Aliens Are in the US? – Walsh – 1
How Many Illegal Aliens Are in the US? – Walsh – 2
The Truth About Immigration: What They Won’t Tell You!
Kid’s Reaction To Hillary Clinton’s Campaign Video Is So Amazing
Clinton supporter realizes truth about Hillary
Immigration
Support for More Border Control Hits Four-Year High
May 04, 2015
A growing number of voters consider illegal immigration a serious problem and believe controlling the border is the most important thing the government can do, even if using the military is necessary.
A new Rasmussen Reports national telephone survey finds that 77% of Likely U.S. Voters now consider illegal immigration a serious problem in America today, with 51% who say it is Very Serious. Just 19% don’t think it’s a serious problem, and that includes only three percent (3%) who say it’s Not At All Serious. (To see survey question wording, click here.)
While overall concern about illegal immigration is unchanged from January, the number who think it is a Very Serious problem is up from 47%.
As they have for years, most voters (63%) think gaining control of the border is more important than legalizing the status of undocumented workers already living in the United States. While that’s up just two points from January, it is the highest level of support for border control since December 2011.Thirty percent (30%) believe it’s more important to legalize those already living here, the lowest finding in two years.
Most voters (63%) still agree that the U.S. military should be used along the Mexican border to prevent illegal immigration, but that’s up from 57% in January and is the highest finding since December 2012. Just 26% disagree, while 12% are undecided.
Fifty-eight percent (58%) believe providing a pathway to citizenship for those currently in the country illegally will just encourage more illegal immigration, also up from January. Just 24% disagree, but 19% are not sure.
The survey of 1,000 Likely Voters was conducted on April 29-30, 2015 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.
However, 54% still agree that the goal of immigration policy should be to keep out only national security threats, criminals and those who would come here to live off our welfare system, in line with findings since 2010. Twenty-nine percent (29%) disagree, and 17% are not sure.
Most voters in nearly every demographic category rate illegal immigration a serious problem and think border control is the most important step to take to combat it.
Eighty-three percent (83%) of Republicans and 65% of voters not affiliated with either major political party think securing the border is more important than legalizing the status of current illegal immigrants. Democrats by a narrow 48% to 42% margin disagree and put legalizing those who are already here first.
But then 72% of GOP voters and 63% of unaffiliateds believe that providing a pathway to citizenship for those who are here illegally just encourages more illegal immigration. Only 40% of Democrats agree. Republicans and unaffiliated voters also feel more strongly that the U.S. military should be used along the border.
Voters under 40 are less likely than their elders are to view illegal immigration as a Very Serious problem but are only slightly more likely to support legalizing the status of those already living here.
Black voters are less likely than white and other minority voters to think offering a pathway to citizenship encourages more illegal immigration. Other minorities are slightly less supportive of using the U.S. military along the border.
Please sign up for the Rasmussen Reports daily e-mail update (it’s free) or follow us on Twitter or Facebook. Let us keep you up to date with the latest public opinion news.
Poll: Americans Want More Aggressive Deportation of Illegal Immigrants
The debate about President Obama’s executive action on illegal immigration is ongoing and the issue is sure to be a hot topic on the 2016 presidential campaign trail, but a new Rasmussen Report shows the vast majority of Americans do not believe the federal government is aggressive enough with deporting illegal immigrants.
Just 16% of Likely U.S. Voters think the U.S. government is too aggressive in deporting those who are in the country illegally. A new Rasmussen Reports national telephone survey finds that 62% believe the government is not aggressive enough in deporting these illegal immigrants, up from 52% a year ago and 56% in November. Fifteen percent (15%) feel the current number of deportations is about right.
Further, a majority of Americans do not believe children brought to the United States illegally by their parents should be able to stay and want welfare benefits for illegal immigrants cut off.
Thirty-two percent (32%) believe illegal immigrants who have American-born children should be exempt from deportation, an element of Obama’s plan, but 51% now disagree. In November, voters were much more closely divided: 38% said they should be exempt from deportation, and only 42% disagreed. Seventeen percent (17%) remain undecided.
But then most voters (54%) continue to feel that a child born to an illegal immigrant mother in the United States should not automatically become a U.S. citizen, as is now the case. Thirty-eight percent (38%) favor the current policy of automatic citizenship for these children. Opposition has ranged from 51% to 65% in surveys since April 2006. Support has been in the 28% to 41% range in that same period.
An overwhelming 83% of voters think someone should be required to prove they are legally allowed in the United States before receiving local, state or federal government services. Just 12% disagree. These findings have changed little over the past four years.
Earlier this year U.S. District Judge Andrew Hanen issued a stay in the implementation of President Obama’s executive action on illegal immigration until a lawsuit from 26 states against the action is carried out through the courts.
About the Population Clock and Population Estimates
U.S. Population
The U.S. population clock is based on a series of short-term projections for the resident population of the United States. This includes people whose usual residence is in the 50 states and the District of Columbia. These projections do not include members of the Armed Forces overseas, their dependents, or other U.S. citizens residing outside the United States.
The projections are based on a monthly series of population estimates starting with the April 1, 2010 resident population from the 2010 Census.
At the end of each year, a new series of population estimates, from the census date forward, is used to revise the postcensal estimates, including the population clock projections series. Once a series of monthly projections is completed, the daily population clock numbers are derived by interpolation. Within each calendar month, the daily numerical population change is assumed to be constant, subject to negligible differences caused by rounding.
Population estimates produced by the U.S. Census Bureau for the United States, states, counties, and cities or towns can be found on thePopulation Estimates web page. Future projections for the United States and states can be found on the Population Projections web page.
The Country Ranking tool provides a quick and easy method to view the most populous countries and areas of the world for any year between 1950 and 2050. The data for this tool are drawn from the International Data Base (IDB), which offers additional demographic information for each country.
“Top 10 Most Populous Countries”, projected to July 1, 2015.
United States data used in the IDB are based on official estimates and projections. All population estimates and projections are for the resident population. Population estimates for 2000-2012 are consistent with the 2010 Census. Population data in the IDB for 2013-2050 are based on the 2012 National Projections, Middle Series. Revised official population estimates are released each year (www.census.gov/popest), and projections are updated periodically (www.census.gov/population/projections). The official, current U.S. population estimates and projections may not match those shown in the IDB due to differences in the timing of their releases.
Coordinated Universal Time (UTC) is the equivalent of Eastern Standard Time (EST) plus 5 hours or Eastern Daylight Saving Time (EDT) plus 4 hours.
Story 1: Two Terrorist Islamic Jihadists Attack Garland Texas Curtis Culwell Center Where Mohammed Cartoon Contest Free Speech Event Was Ending — Suspect Elton Simpson and Nadir Soofi Shot Dead — Don’t Mess With Texas — Videos
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Robert Spencer on Hannity’s Great American Panel, January 10, 2015: “Rise of Radical Islam”
Michael Coren & Robert Spencer – Jihad Watch – Jan 15, 2015
Two Gunmen killed at Muhammad Art Contest in Garland Texas identified as Jihad sympathizers
Shooting at Muhammad Cartoon Contest Garland, Texas: 2 Gunmen Killed, Officer Down -FIRST VIDEO
Garland TX Mohammed Cartoon Contest Shooting: First report
Garland Shooting: Elton Simpson, Nadir Soofi Suspects Attack Muhammad Carton Drawing in Texas |VIDEO
The Secret of The Muhammad Garland TX Shooting
Police won’t call Garland attack a TERRORIST ATTACK even though suspect was a wannabe terrorist
Pamela Geller Battles CNN Host over Garland Shooting: Why Is Media ‘Targeting’ Us? |FULL INTERVIEW
Muslim extremists attack Muhammad cartoon contest in Garland, Texas – TomoNews
Pamela Geller on anti-jihad ad
Pamela Geller and Robert Spencer: The Post American Presidency
Pamela Geller and Robert Spencer: Jihad Candidate
Jerry Agar & Robert Spencer – France arrests 8 connected to Paris jihadist cell
Interview with Robert Spencer about Islam حوار مع الكاتب روبرت سبنسر
Pamela Geller on Sean Hannity, FOX news Discussing Islamic Hate Preacher at Yale
WAS THE TEXAS MOHAMMED SHOOTING A FALSE FLAG?
Robert Spencer on Why ISIS is Islamic
Lying Lunatic Left
Video: CAIR Rep on MSNBC’s ‘NOW with Alex Wagner’ to Discuss Shooting in Garland, Texas
SPLC Labels Muhammad Cartoon Group ‘anti-muslim’
FBI had known about suspected Texas shooter for years
By Adam Goldman and Mark Berman
One of the gunmen authorities say opened fire Sunday outside an exhibition of cartoons depicting the prophet Muhammad had previously been suspected of trying to fly overseas and wage violent jihad, according to court records.
He was identified as Elton Simpson, 30, of Phoenix, according to a U.S. law enforcement official. Law enforcement officials said Monday afternoon that the second shooter in the Texas attack was Nadir Soofi, 34, Simpson’s roommate.
FBI agents searched a Phoenix apartment Monday as part of the investigation into the shooting, which occurred Sunday evening in Garland, a city near Dallas.
The FBI had begun monitoring Simpson again recently. Authorities said Monday that they were still working to determine details about the two men and who may have instigated the plan. The FBI does not believe the shooting was directed by an international terrorist group, but is still investigating.
Police say the two gunmen drove up to the Curtis Culwell Center during a controversial art exhibition and, at around 6:50 p.m., opened fire with assault rifles, striking a security guard in the leg.
An officer who normally works on traffic was there as part of a heavy security detail for the event, and this officer shot and killed both gunmen using his duty pistol, said Joe Harn, a spokesman for the Garland police.
“Both those men died there on the street next to their car,” Harn said during a news conference Monday morning.
The gunmen had additional ammunition as well as suitcases in their vehicle, but no bombs or explosives were found, Harn said. They were also wearing some form of protective gear, he said.
While Harn would not say if police believed the shooting was directly connected with the event, he said the two gunmen intended to get inside the center and shoot people.
“We were able to stop those men before they were able to penetrate the area and attempt to shoot anyone else,” Harn said.
The guns recovered by authorities in Garland were being traced Monday by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Officer ‘probably saved lives’ in Tex. shootings(1:57)
Police planned security for months before a Texas event showing cartoons of the prophet Muhammad, a police spokesperson said. (Reuters)
City officials said that Bruce Joiner was the Garland Independent School District security officer who was shot at by the two gunmen. Joiner was treated for an ankle wound and released, the city said in a statement.
The inflammatory event was hosted by a New York group that had promised $10,000 for the best cartoon depicting Muhammad. Drawing or otherwise depicting Muhammad is largely forbidden under Islam.
Authorities said there was considerable discussion on social media in the days leading up to the cartoon event, which prompted authorities to deploy heavy security. One tweet sent out on Sunday referred to taking a pledge of allegiance and referred to a #texasattack, but it was unclear whether the account belonged to either of the men involved.
Simpson was born in Illinois and converted to Islam at a young age, court documents show. The government began investigating him in 2006, recording conversations between him and a paid informant.
In May 2009, according a federal court document, Simpson told an FBI informant: “It’s time to go to Somalia, brother.” He added: “It’s time. I’m tellin’ you man. We gonna make it to the battlefield…it’s time to roll.”
Simpson was arrested by the FBI in January 2010 after a lengthy investigation. He was charged with lying to agents in connection with terrorism. Authorities suspected he was trying to fly to Somalia, but Simpson claimed at the time he had intended to travel to South Africa to go to school and study Islam there.
Following a bench trial, a judge dropped the terrorism enhancement, citing insufficient evidence. The judge, Mary H. Murguia, said in March 2011 that the government had failed to prove that Simpson intended to wage violent jihad in Somalia. Murguia reduced the charge to making a false statement to federal officials and sentenced Simpson to three years of probation. Authorities also returned his passport, which they had confiscated after his arrest.
Simpson’s lawyer described him as a very religious man who had converted to Islam.
“He didn’t seem to me to be any threat to anybody,” Kristina Sitton, Simpson’s lawyer, said in a telephone interview Monday. “He seemed to be very kind but entrenched in Islam. He wouldn’t shake my hand.”
She said that after he was sentenced to probation, Simpson called her saying that he had tried to board a domestic flight and was told he could not fly. Sitton said she believed he was on the no-fly list.
Soofi was a pre-med student at the University of Utah from 1998 to 2003, according to a spokeswoman for the school. He left the school in the summer of 2003 without having earned a degree, she said.
Former terror suspect well known to the FBI is named as one of two gunmen shot dead by cops after attack on anti-Islam ‘draw Muhammad’ art contest near Dallas
Elton Simpson, 30, and his roommate Nadir Soofi, 34, were gunned down after shooting a guard in the leg outside the Curtis Culwell Center in Garland, Texas on Sunday evening
Simpson was convicted of lying to federal agents about traveling to Africa five years ago – but a judge ruled it could not be proved that he was going to join a terror group
Their Phoenix, Arizona home has been surrounded and a bomb squad is carrying out a search
The American Freedom Defense Initiative event had offered a $10,000 prize for the best caricature of the prophet; local residents had expressed their concerns about the event but organizers said they were exercising free speech
The security guard who was shot, Bruce Joiner, was taken to hospital in stable condition and has been released
One traffic officer shot both men dead and has been praised by cops for potentially saving many lives
ISIS fighter claimed on Twitter that the shooting was carried out by two pro-ISIS individuals
A former terror suspect has been named as one of the gunmen shot dead by police after the two attackers blasted an unarmed security guard in the ankle during an anti-Islam art contest in Texas on Sunday night.
Elton Simpson, 30, who was previously the subject of a terror investigation, and his roommate Nadir Soofi, 34, were armed with assault rifles when they were killed by a quick-thinking traffic officer after opening fire outside the Curtis Culwell Center in Garland, Dallas, at around 7pm.
The shooting unfolded as the American Freedom Defense Initiative held an event inside the building where caricatures of the Prophet Muhammad were being displayed. Followers of Islam deem that any physical depiction of the prophet – even a positive one – is blasphemous.
Simpson, identified in court papers as an American Muslim, had been convicted of lying to federal agents about his plans to travel to Somalia five years ago, but a judge ultimately ruled it could not be proved that he was heading there to join a terror group. He was placed on probation.
Soofi, named as the second gunman by the Washington Post, shared an apartment with Simpson at the Autumn Ridge complex in Phoenix.
On Monday morning, FBI agents and investigators could be seen cordoning off and searching the apartment, as well as a white van believed to belong to Simpson. Investigators are also reviewing computer records from materials found at the home.
Shot dead: Elton Simpson, pictured, was one of the two gunmen who stormed an anti-Islam event on Sunday evening in Texas
Killed: FBI crime scene investigators look at the bodies of the two killed gunmen outside the Curtis Culwell Center in Garland, Texas on Monday. Police killed the two men after they opened fire at an anti-Islam event on Sunday
Destroyed: Investigators destroyed some of the belongings found inside the back of the suspects’ car, pictured, as a precaution
Investigation: Agents work on the scene near to where the men opened fire before they were shot dead by a traffic officer
Search: Reporters gather near the home of Elton Simpson, one of the suspected attackers, in Phoenix, Arizona on Monday morning
Raid: Police tape surrounds a vehicle, believed to belong to one of the two gunmen, in Phoenix, Arizona on Monday
Probe: Investigators pull belongings from the back of the truck and carry items inside the complex on Monday morning
ISIS supporters claimed on Twitter that one of the gunmen was a man calling himself Shariah Is Light on the social media site
Investigators also searched the car that the two gunmen drove to the scene and found luggage and further ammunition inside. Some of the belongings were destroyed as a precaution but no explosives were found inside the vehicle, Garland Police Officer Joe Harn said on Monday.
On Monday, Simpson’s father said that he believes his son, who had worked in a dentist’s office, ‘made a bad choice’.
‘We are Americans and we believe in America,’ Dunston Simpson told ABC News. ‘What my son did reflects very badly on my family.’
Ahead of the attack on Sunday evening, several Twitter messages were sent out, and authorities believe Simpson was behind them. The last one was shared just half an hour before the shooting.
Followers of ISIS had been calling for an attack online for more than a week after learning that the competition in Garland would feature a ‘draw Muhammad’ art contest, with a prize of $10,000 for the best caricatur
After the attack, the SITE Intelligence Group reported that an Islamic State fighter claimed on Twitter that the shooting was carried out by two pro-Isis individuals.
In a series of tweets and links, a jihadist named as Abu Hussain AlBritani, which SITE said was British IS fighter Junaid Hussain, claimed that ‘2 of our brothers just opened fire’ at the Prophet Muhammad exhibition in Texas.
‘They Thought They Was Safe In Texas From The Soldiers of The Islamic State,’ added the tweet.
Other ISIS supporters claimed on Twitter that one of the gunmen was a man calling himself Shariah Is Light on the social media site, using the now-suspended account name @atawaakul, according to New York Times reporter Rukmini Callimachi.
He had posted a message earlier that said ‘the bro with me and myself have given bay’ah [oath] to Amirul Mu’mineen [ISIS leader Al Baghdadi]. May Allah accept us as mujahideen #texasattack’.
The contest was just minutes from finishing when multiple gunshots were heard.
The two suspects had pulled up in a vehicle before getting out and firing at a security officer, 57-year-old Bruce Joiner, who was employed by the independent school district. He was later taken to hospital in a stable condition and was released on Sunday evening.
FBI search home of gunman killed at Muhammad exhibit
Attack: The bodies of shooting suspects are seen next to their vehicle as it is searched for explosives at an anti-Muslim event in Texas on Sunday. The two men had got out the vehicle and opened fire, wounding a security guard in the leg, before they were shot by police
Controversial: On Sunday, two heavily armed police officers can be seen securing art work following the shooting. The art competition, which was awarding $10,000 to the best caricature of the Prophet Muhammad, had been condemned by critics
An officer prevents two people from leaving the building as the area was placed on lockdown after multiple gunshots were heard
TAPES OF A TERROR SUSPECT: RECORDINGS SHOW SIMPSON’S INTENTIONS TO WAGE A WAR
Elton Simpson was well known to the FBI. In 2010, he was convicted of lying to federal agents about his plans to travel to Somalia – although a judge ultimately ruled it could not be proved that he was heading there to join a terror group.
During the investigation, an FBI informant recorded their conversations, which showed Simpson talking about his intentions to fight for the Muslim way of life.
Court documents state: ‘Mr. Simpson said that the reward is high because “If you get shot, or you get killed, it’s [heaven] straight away”…. “[Heaven] that’s what we here for…so why not take that route?”‘
He added that in countries, such as Palestine, Iraq and Somalia, ‘they trying to bring democracy over there man, they’re trying to make them live by man-made laws, not by Allah’s laws’.
He went on: ‘That’s why they get fought. You try to make us become slaves to man? No we slave to Allah, we going to fight you to the death.’
In a recording from 2009, he told the informant that it was time they went to Somalia.
‘It’s time,’ he said. ‘I’m tellin’ you man. We gonna make it to the battlefield… It’s time to roll…
‘People fighting and killing your kids, and dropping bombs on people that have nothing to do with nothing. You got to fight back you can’t be just sitting down… smiling at each other…’
As the gunmen got out of their car with their weapons, one police officer – a tenured traffic cop – shot both men dead, Garland Police officer Joe Harn said at a press conference on Monday. The officer used his service pistol to shoot the men, who were carrying assault weapons.
‘With what he was faced with and his reaction and his shooting with a pistol, he did a good job,’ Harn said of the officer.
‘He did what he was trained to do, and under the fire that he was put under, he did a very good job and probably saved lives. We think their strategy was to get into the events center and they were not able to get past that outer perimeter.’
Randy Potts, a contributor for The Daily Beast, recalled how he was watching the speeches wrap up when a man wearing camouflage shouted: ‘Get inside the conference room now!’
‘The room was oddly quiet,’ he said. ‘A hush fell over the crowd of about 150, as if we were listening for something outside. Then a camo-clad security guard with a rifle got up on stage and announced that a cop and two suspects had been shot.’
He described how security surrounding the event was evident even as he drove up to the Curtis Culwell Center. The parking lot was surrounded by yellow tape and his ID was checked twice before he was allowed to enter.
Johnny Roby of Oklahoma City, Oklahoma, had also been attending the conference. He said he was outside the building when he heard around 20 shots that appeared to be coming from the direction of a passing car.
Roby said he then heard two single shots before officers yelled that they had the car before he was sent inside the building.
The building, which had about 100 people inside, and surrounding areas were placed on lockdown by SWAT teams.
FBI bomb squad robots were then sent in to check the suspects’ vehicle, as the two bodies of the gunmen lay on the road beside it. The bodies were not immediately taken from the scene because they were too close to the car, which police feared had incendiary devices inside.
Shortly before midnight, police alerted media that a strong electronic pulse would be activated near the scene, presumably as part of the bomb squad’s work, and a loud boom was heard moments later, though police did not comment further on what was carried out.
The art event had been condemned by critics as an attack on Islam, but the organizers insisted they were exercising free speech.
Some Twitter users began posting about the shooting using a #JeSuisGarland hashtag, mirroring the #JesuisCharlie hashtag that became popular after January’s jihadist attacks in France. In that incident, gunmen killed 12 people in the Paris offices of French satirical magazine Charlie Hebdo in revenge for its cartoons of the prophet.
After the gunfire in Garland, those inside the building started to sing patriotic songs, including the national anthem and God Bless America, and said a prayer for the injured security guard after one woman pulled out an American flag from her bag.
Garland Police officer Joe Harn said on Sunday evening they had been monitoring the build-up to the event and had not received any credible threats.
During a press conference, he described how the shootout lasted only seconds. A large area around the Center remained blocked off late into the night.
Update: On Monday, Garland Police spokesperson Joe Harn praised the traffic officer who took down both of the attackers
Keeping calm: A policeman keeps members of the audience inside the auditorium after the shots were fired at the controversial event
At the ready: Members of the Garland Police Department stand guard inside the Curtis Culwell Center in the aftermath of the shooting
Safe: Attendees of the event were led off of a school bus into another building where they were questioned by law enforcemen
Two heavily-armed officers stand guard as police blocked off the street surrounding the scene in Garland, Texas
Two gunmen shot dead outside anti-Islam cartoon contest
He said: ‘Because of the situation of what was going on today and the history of what we’ve been told has happened at other events like this, we are considering their car (is) possibly containing a bomb.’
Texas Governor Greg Abbott described the incident as a ‘senseless attack’ and praised the ‘swift action’ of Garland law enforcement.
Security guard Bruce Joiner was shot in the leg while standing outside the building. His injuries were not life-threatening
The attack unfolded shortly after Dutch member of parliament and leader of the far-right Party for Freedom, Geert Wilders, had delivered his keynote speech. There had been calls by members of Congress for him to be stopped at the border so he would not be able to speak.
‘We are here in defiance of Islam to stand for our rights and freedom of speech,’ he said during his speech shortly before the building was shut down. ‘That is our duty… Our message today is very simple: we will never allow barbarism, never allow Islam, to rob us of our freedom of speech.’
His remarks were met with a standing ovation. He then told the audience that most terrorists are Muslims, and ‘the less Islam the better’.
In 2009, he sparked controversy for showing a controversial film which linked the Koran to terrorism and has previously said the Netherlands is being taken over by a ‘tsunami of Islamisation’.
Pamela Geller, the organizer of the event and the leader of Stop Islamisation of America, wrote on her personal website after the attack: ‘This is a war. This is war on free speech. What are we going to do? Are we going to surrender to these monsters?’
In a post in late March, she insisted that the event was necessary to fight back against what she described as ‘the jihad against freedom’.
It was set up by the American Freedom Defense Initiative (AFDI) and had been described by opponents as an attack on Islam. They booked the center a little more than a week after Islamic militants in France killed 12 people at satirical magazine Charlie Hebdo.
The Garland Independent School district, who own the cultural center, allowed the event to go ahead despite criticism from residents and local Muslims that it was a risk to public safety.
The group spent $10,000 on 40 additional security officers, aware of potential threats they may attract, while Garland Police officers were fully prepared to deal with any issues that arose.
Before the event, the New York-based organisation made the headlines for its sponsorship of anti-Islamic adverts which it paid to run on transit systems in Washington, D.C., Philadelphia and San Francisco.
A picture taken from inside the event just before the attack showed Geller giving a check for $12,500 to Bosch Fawtin who won the event.
He told the Dallas Morning News he believed there would be no danger because of the high levels of security surrounding the event.
‘I had known it would be secure, but seeing it is a whole new thing,’ he said before the shootings.
Locals in Garland said they were upset with the exhibit being held in their town, and tried to convince the city council to intervene.
One resident, Dorothy Brooks, said that the event was like shouting ‘fire!’ in a theater – an oft-cited example of freedom of speech taken too far.
She continued: ‘I understand that participants have a right to express themselves with cartoons, but I regret that this will be happening in our city.’
Another, Lena Griffin, asked at a city council meeting: ‘Do we want to be involved with this type of rhetoric?’ It is not an issue of free speech but clearly one of public safety.’
Aerial footage of robot checking for explosives at shooting scene
Winner: Artist Bosh Fawstin (left) is presented with a check for $12,500 by Dutch politician Geert Wilders (center) and Pamela Geller (right) during a ceremony at the Curtis Culwell Center just before the shootings occurred
Proud: Wilders, leader of the anti-Islam Freedom Party, center, poses for a photograph with officers who responded to the shooting
Pamela Geller, co-founder and President of Stop Islamization of America, also spoke just before the two gunmen opened fire
Wilders, who has sparked controversy for linking the Koran with terrorism, speaks at the Muhammad Art Exhibit and Contest
+23
Scene: An aerial view shows the Curtis Culwell Center and the black car (seen center bottom) that was used by the two gunmen
The event had already been the subject of disapproval from further afield, according to ForeignPolicy.com.
The site obtained a letter from congressmen Keith Ellison (D-Minnesota) and André Carson (D-Indiana) sent to John Kerry and Homeland Security asking them to bar a speaker for the event from entering the United States.
Caricatures of the Prophet Mohammed have triggered violent protests in the past, including when the Danish daily Jyllands-Posten published 12 satirical cartoons in 2005, triggering deadly protests in some Muslim countries.
In January, just weeks after the Paris attacks, an event called Stand with the Prophet was held in the same center. Muslim leaders from across the world gathered to try and combat ‘Islamophobes in America’ who had turned Muhammad into an ‘object of hate’.
Geller spearheaded about 1,000 picketers at the event. One chanted: ‘Go back to your own countries! We don’t want you here!’ Others held signs with messages such as, ‘Insult those who behead others,’ an apparent reference to recent beheadings by the militant group Islamic State.
Mr Abbott said state officials are investigating, and Dallas FBI spokeswoman Katherine Chaumont said that the agency is providing investigative and bomb technician assistance.
The Charlie Hebdo attack was followed by another a month later in Europe. A masked gunman sprayed bullets into a Copenhagen meeting in February attended by a Swedish artist who had been threatened with death for his cartoons of the Prophet Mohammad.
A civilian was killed and three police officers were injured in the attack, aimed at artist Lars Vilks, who stirred controversy in 2007 with published drawings depicting the Prophet Mohammad as a dog.
Denmark itself became a target 10 years ago after the publication of cartoons lampooning the Prophet Mohammad. The images led to sometimes fatal protests in the Muslim world.
CONTROVERSIAL CARICATURES: WHY DEPICTING THE PROPHET MUHAMMAD IS BANNED BY MUSLIMS
It’s not mentioned in Islam’s holy book, the Quran, but the religion’s ban on depicting the Prophet Muhammad — even favorably — has run firm through the centuries.
Religious traditions built over the years have prohibited such depictions out of respect for Muhammad and to discourage idolatry, according to Muslim scholars and clerics. The ban is further rooted in a wider prohibition against images or statues of human beings.
There have been exceptions. A rich tradition of depicting Muhammad emerged in miniatures and illustrations for manuscripts from around 1200 to 1700. The art is mainly from Turkey and Iran, where pictorial traditions were stronger than in the Arab world. The paintings often show traditional stories from Muhammad’s life, such as his journey to heaven, though in some the prophet’s face is obscured by a veil or a plume of flame.
Shiites also differ from Sunnis by depicting Muhammad’s son-in-law Ali, revered by Shiites who see him as the prophet’s rightful successor. His image — and those of his sons Hassan and Hussein — are plentiful among Shiites, adorning posters, banners, jewelry and even keychains. For Sunnis, the ban on depictions extends beyond the prophet to his close companions and wives.
‘The Prophet Muhammad enjoys sublime and supreme status among Muslims and it is impossible to let a normal person depict or act the role of the prophet,’ said Iraqi Shiite cleric Fadhil al-Saadi. ‘There is no confirmed information about the shape or the features of the Prophet … So nobody should come up with a painting or an image of him. That would represent an insult to the status of the prophet.’
With no explicit text against depictions — or against images of humans in general — the prohibition comes from deduction by Muslim scholars and interpreters over the centuries from the collections of Hadeeth, or sayings and actions of Muhammad.
The prohibition against depicting humans and other living beings, which emerged from scholars as early as the 9th century, came from reported sayings of Muhammad, in some of which he refused to enter a room with such depictions or challenged their creators to breathe life into them. The presumption was that such art would suggest man can emulate God’s powers of creation — and there were worries that statues in particular could encourage idolatry.
Islamic tradition is full of written descriptions of Muhammad and his qualities — describing him as the ideal human being. But clerics have generally agreed that trying to depict that ideal is forbidden. That puts satirical — and obscene — depictions like those in the French magazing Charlie Hebdo far beyond the pale.
While no one knows Muhammad’s true appearance, followers of the relatively modern, ultraconservative Salafi movement in Islam seek to emulate him as closely as possible — including in what they believe to be his physical features and dress. Hardcore Salafis wear a beard without a moustache, let their hair grow long, line their eyes with kohl or wear robes stopping around mid-shin, contending that was the prophet’s manner.
The ban also extends to his wives, daughters, sons-in-law, the first caliphs who succeeded him and his closest companions. In fact, Egypt’s al-Azhar mosque, the Sunni world’s foremost seat of religious learning, has complained when ‘Mohammed, Messenger of God,’ an epic 1970s Hollywood production, depicted the prophet’s camel.
There is a thriving production of religious TV series in the Arab world depicting the times of the prophet. But Muhammad and his companions are never themselves shown. At times, a white light stands in for Muhammad in the films or in movie posters — and when they are meant to be addressing Muhammad, the actors usually speak into the camera.
How Texas “Terror” Shooter Elton Simpson Avoided Prison In 2011
Wiretaps of Texas shooter Elton Simpson talking about jihad didn’t convince a federal judge that he was a potential terrorist
The attorney who once defended one of two men who opened fire at a “Draw Muhammad” event in Texas on Sunday says she was “shocked” to learn that he was involved in the attack. She says she has represented a number of people charged with terrorism-related crimes. Some of them are the “worst of the worst,” but Elton Simpson was “one of the good ones,” she said.
“He was always respectful to me and my staff—did everything he was supposed to do,” attorney Kristina Sitton told Vocativ.
According to Sitton, Simpson didn’t come from a Muslim family and didn’t convert to Islam until he was in high school. “He said he was running with a bad crowd in high school—smoking, drinking and stuff,” she said. “He said Islam got him away from that stuff.”
Sitton defended Simpson against charges that he made false statements to an FBI agent in 2010 about a trip he was planning to take to Somalia to study Islam. He was facing up to eight years in prison if federal prosecutors had been able to convince Ninth Circuit Court of Appeals Judge Mary Murguia that the trip was related to international or domestic terrorism. Ultimately, Murguia in 2011 sentenced him to three years probation for the false statement. According to federal court records obtained by Vocativ, the judge determined that the feds didn’t make their case—despite audio recordings of Simpson talking about “jihad” with an FBI informant.
The FBI began investigating Simpson in 2006 after he was found to be in contact with a man who authorities believe was attempting to set up a terror cell in Phoenix, Arizona. Investigators began recording conversations between Simpson and the informant, Dabla Deng. The federal government paid Deng $132,000 to befriend Simpson under the guise of being new to Islam and needing guidance.
Between March 2007 and November 2009, Deng recorded more than 1,500 hours of conversations he had with Simpson, during which the two discussed fighting non-Muslims and how getting killed while waging jihad made it possible to get to heaven “straight away.”
“[Heaven] that’s what we (sic) here for, so why not take [the jihad] route,” Simpson said during a conversation with Deng on July 31, 2007.
In another recording, from May 29, 2009, Simpson tells Deng: “It’s time to go to Somalia, brother,” before explaining, “we gonna make it to the battlefield…it’s time to roll.” On January 7, 2010, FBI agents contacted Simpson and specifically asked whether he “discussed traveling to, or are you planning to, travel to Somalia?”
Simpson said “no.”
“I thought [the case] was completely ridiculous, to tell you the truth,” said Sitton, who told Vocativ that she’s “not a bleeding heart — I’m a Republican.”
“They show up at his house and ask him about something that happened two years ago, and he says ‘no’ and then faces federal charges?” Sitton said that in the 1,500 hours of recordings with Deng, Simpson only mentioned Al-Shabaab, a Somali terrorist organization, twice.
Federal prosecutors wanted Simpson to receive the beefed-up sentence of eight years because, they argued, his crime of lying to federal authorities involved terrorism. But Judge Murguia—an Obama appointee on what is often considered to be the most left-leaning appeals court in the country—found that there was insufficient evidence that Simpson’s false statement to authorities involved international terrorism.
On Sunday, Simpson posted on Twitter: “May Allah accept us as mujahideen,” with the hashtag “#texasattack,” before he and another man drove to the “Draw Muhammad” event at a conference center in a Dallas suburb and opened fire. Both men were fatally shot by security.
Sitton says the narrative of the shooting is not representative of the client she describes as a kind, respectful young man who frequently tried to convert her and others to Islam. “He was always kind about it,” she said. “He would say, ‘the Koran says this and the Koran says that,’ but it was always respectful.”
She questioned the motivation of the organizers of the “Draw Muhammad” event, as images of the prophet are highly offensive to many Muslims. “I kind of wonder what this event was about,” she says. “It just seems like they want to provoke people.”
NSA Whistle-blower William Binney: The Future of FREEDOM
A 36-year veteran of America’s Intelligence Community, William Binney resigned from his position as Director for Global Communications Intelligence (COMINT) at the National Security Agency (NSA) and blew the whistle, after discovering that his efforts to protect the privacy and security of Americans were being undermined by those above him in the chain of command.
The NSA data-monitoring program which Binney and his team had developed — codenamed ThinThread — was being aimed not at foreign targets as intended, but at Americans (codenamed as Stellar Wind); destroying privacy here and around the world. Binney voices his call to action for the billions of individuals whose rights are currently being violated.
William Binney speaks out in this feature-length interview with Tragedy and Hope’s Richard Grove, focused on the topic of the ever-growing Surveillance State in America.
On January 22, 2015: (Berlin, Germany) – The Government Accountability Project (GAP) is proud to announce that retired NSA Technical Director and GAP client, William “Bill” Binney, will accept the Sam Adams Associates for Integrity in Intelligence Award today in Berlin, Germany. The award is presented annually by the Sam Adams Associates for Integrity in Intelligence (SAAII) to a professional who has taken a strong stand for ethics and integrity. http://whistleblower.org/press/nsa-wh…
NSA Whistle-blower: Everyone in US under virtual surveillance, all info stored, no matter the post
Former NSA Head Exposes Agency’s Real Crimes
Edward Snowden, v 1.0: NSA Whistleblower William Binney Tells All
“Where I see it going is toward a totalitarian state,” says William Binney. “You’ve got the NSA doing all this collecting of material on all of its citizens – that’s what the SS, the Gestapo, the Stasi, the KGB, and the NKVD did.”
Binney is talking about the collection of various forms of personal data on American citizens by the National Security Agency (NSA), where he worked for 30 years before quitting in 2001 from his high-placed post as technical leader for intelligence. A registered Republican for most of his life, Binney volunteered for military service during the Vietnam War, which led to his being hired by the NSA in the early ’70s.
In 2002 – long before the revelations of Edward Snowden rocked the world – Binney and several former colleagues went to Congress and the Department of Defense, asking that the NSA be investigated. Not only was the super-secretive agency wasting taxpayer dollars on ineffective programs, they argued, it was broadly violating constitutional guarantees to privacy and due process.
The government didn’t just turn a blind eye to the agency’s activities; it later accused the whistleblowers of leaking state secrets. A federal investigation of Binney – including an FBI search and seizure of his home and office computers that destroyed his consulting business – exonerated him on all charges.
“We are a clear example that [going through] the proper channels doesn’t work,” says Binney, who approves of Edward Snowden’s strategy of going straight to the media. At the same time, Binney criticizes Snowden’s leaking of documents not directly related to the NSA’s surveillance of American citizens and violation of constitutional rights. Binney believes that the NSA is vital to national security but has been become unmoored due to technological advances that vastly extend its capabilities and leadership that has no use for limits on government power. “They took that program designed [to prevent terrorist attacks] and used it to spy on American citizens and everyone else in the world,” flatly declares Binney (33:30).
Binney sat down with Reason TV’s Nick Gillespie to discuss “Trailblazer”, a data-collection program which was used on American citizens (1:00), why he thinks the NSA had the capability to stop the 9/11 attacks (7:00), his experience being raided by the FBI in 2007 (12:50), and why former President Gerald Ford, usually regarded as a hapless time-server, is one of his personal villians (41:25).
NSA Whistle-Blower Tells All: The Program | Op-Docs | The New York Times
William Binney: NSA had 9/11 foreknowledge
NSA Whistleblower Supports 9/11 Truth – William Binney and Richard Gage on GRTV
“The NSA Is Lying”: U.S. Government Has Copies of Most of Your Emails Says NSA Whistleblower
William Edward Binney[2] is a former highly placed intelligence official with the United States National Security Agency (NSA)[3] turned whistleblower who resigned on October 31, 2001, after more than 30 years with the agency. He was a high-profile critic of his former employers during the George W. Bush administration.
Binney continues to speak out during Barack Obama‘s presidency about the NSA’s data collection policies, and continues interviews in the media regarding his experiences and his views on communication intercepts by governmental agencies of American citizens. In a legal case, Binney has testified in an affidavit that the NSA is in deliberate violation of the U.S. Constitution.
Biography
Binney grew up in rural Pennsylvania and graduated with a Bachelor of Science degree in mathematics from the Pennsylvania State University in 1970. He said that he volunteered for the Army during the Vietnam era in order to select work that would interest him rather than be drafted and have no input. He was found to have strong aptitudes for mathematics, analysis, and code-breaking,[4] and served four years from 1965–1969 at the Army Security Agency before going to the NSA in 1970. Binney was a Russia specialist and worked in the operations side of intelligence, starting as an analyst and ending as Technical Director prior to becoming a geopolitical world Technical Director. In the 1990s, he co-founded a unit on automating signals intelligence with NSA research chief Dr. John Taggart.[5] Binney’s NSA career culminated as Technical Leader for intelligence in 2001. Having expertise in intelligence analysis, traffic analysis, systems analysis, knowledge management, and mathematics (including set theory, number theory, and probability),[6] Binney has been described as one of the best analysts in the NSA’s history.[7] After retiring from the NSA he founded “Entity Mapping, LLC”, a private intelligence agency together with fellow NSA whistleblower J. Kirk Wiebe to market their analysis program to government agencies. NSA continued to retaliate against them, ultimately preventing them from getting work, or causing contracts they had secured to be terminated abruptly.[8]
Whistleblowing
Binney sitting in the offices ofDemocracy Now! in New York City, prior to appearing with hosts Amy Goodman, Juan Gonzalez, and guest Jacob Appelbaum. Photo taken byJacob Appelbaum.
In September 2002, he, along with J. Kirk Wiebe and Edward Loomis, asked the U.S. Defense Department to investigate the NSA for allegedly wasting “millions and millions of dollars” on Trailblazer, a system intended to analyze data carried on communications networks such as the Internet. Binney had been one of the inventors of an alternative system, ThinThread, which was shelved when Trailblazer was chosen instead. Binney has also been publicly critical of the NSA for spying on U.S. citizens, saying of its expanded surveillance after the September 11, 2001 attacks that “it’s better than anything that the KGB, the Stasi, or the Gestapo and SS ever had”[9] as well as noting Trailblazer’s ineffectiveness and unjustified high cost compared to the far less intrusive ThinThread.[10] He was furious that the NSA hadn’t uncovered the 9/11 plot and stated that intercepts it had collected but not analyzed likely would have garnered timely attention with his leaner more focused system.[7]
After he left the NSA in 2001, Binney was one of several people investigated as part of an inquiry into the 2005 New York Times exposé[11][12] on the agency’s warrantless eavesdropping program. Binney was cleared of wrongdoing after three interviews with FBI agents beginning in March 2007, but one morning in July 2007, a dozen agents armed with rifles appeared at his house, one of whom entered the bathroom and pointed his gun at Binney, still towelling off from a shower. In that raid, the FBI confiscated a desktop computer, disks, and personal and business records. The NSA revoked his security clearance, forcing him to close a business he ran with former colleagues at a loss of a reported $300,000 in annual income. In 2012, Binney and his co-plaintiffs went to federal court to get the items back. Binney spent more than $7,000 on legal fees.[13]
During interviews on Democracy Now! in April and May 2012[14] with elaboration in July 2012 at 2600’s hacker conference HOPE[4] and at DEF CON a couple weeks later,[15]Binney repeated estimates that the NSA (particularly its Stellar Wind project[16]) had intercepted 20 trillion communications “transactions” of Americans such as phone calls, emails, and other forms of data (but not including financial data). This includes most of the emails of US citizens. Binney disclosed in an affidavit for Jewel v. NSA[17] that the agency was “purposefully violating the Constitution”.[6] Binney also notes that he found out after retiring that the NSA was pursuing collect-it-all vs. targeted surveillance even before the 9/11 attacks.
Binney was invited as a witness by the NSA commission of the German Bundestag. On July 3, 2014 the Spiegel wrote, he said that the NSA wanted to have information about everything. In Binney’s view this is a totalitarian approach, which had previously been seen only in dictatorships.[18] Binney stated the goal was also to control people. Meanwhile, he said it is possible in principle to survey the whole population, abroad and in the US, which in his view contradicts the United States Constitution. In October 2001, shortly after the 9/11 attacks, the NSA began with its mass surveillance, he said. Therefore, he left the secret service shortly afterwards, after more than 30 years of employment. Binney mentioned that there were about 6000 analysts in the surveillance at NSA already during his tenure. According to him, everything changed after 9/11. The NSA used the attacks as a justification to start indiscriminate data collection. “This was a mistake. But they still do it”, he said. The secret service was saving the data as long as possible: “They do not discard anything. If they have anything they keep it.” Since then, the NSA has been saving collected data indefinitely. Binney said he deplored the NSA’s development of the past few years, to collect data not only on groups who are suspicious for criminal or terrorist activities. “We have moved away from the collection of these data to the collection of data of the 7 billion people on our planet.” Binney said he argued even then, to only pull relevant data from the cables. Access to the data was granted to departments of the government or the IRS.[18]
In August 2014 Binney was among the signatories of an open letter by the group Veteran Intelligence Professionals for Sanity to German chancellor Angela Merkel in which they urged the Chancellor to be suspicious of U.S. intelligence regarding the alleged invasion of Russia in Eastern Ukraine.[19][20]
“An especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors.”[1]
Status
Active
Statistics
Established
1960
First awarded
1960
Distinct
recipients
unknown; an average of fewer than 11 per year since 1993 [2]
Service ribbon of the Presidential Medal of Freedom
(left: Medal with Distinction)
The Presidential Medal of Freedom is an award bestowed by the President of the United States and is—along with the comparable Congressional Gold Medal, bestowed by an act of U.S. Congress—the highest civilian award of the United States. It recognizes those individuals who have made “an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors”.[3] The award is not limited to U.S. citizens and, while it is a civilian award, it can also be awarded to military personnel and worn on the uniform.
It was established in 1963 and replaced the earlier Medal of Freedom that was established by President Harry S. Truman in 1945 to honor civilian service duringWorld War II.
History of the award
Similar in name to the Medal of Freedom,[3] but much closer in meaning and precedence to the Medal for Merit: the Presidential Medal of Freedom is currently the supreme civilian decoration in precedence, whereas the Medal of Freedom was inferior in precedence to the Medal for Merit; the Medal of Freedom was awarded by any of three Cabinet secretaries, whereas the Medal for Merit was awarded by the president, as is the Presidential Medal of Freedom. Another measure of the difference between these two similarly named but very distinct awards is their per-capita frequency of award: from 1946 to 1961 the average annual incidence of award of the Medal of Freedom was approximately 1 per every 86,500 adult U.S. citizens; from 1996 to 2011 the average annual incidence of award of the Presidential Medal of Freedom was approximately 1 per every 20,500,000 adult U.S. citizens (so on an annualized per capita basis, 240 Medals of Freedom have been awarded per one Presidential Medal of Freedom).[2][4]
President John F. Kennedy established the current decoration in 1963 through Executive Order11085, with unique and distinctive insignia, vastly expanded purpose, and far higher prestige.[1] It was the first U.S. civilian neck decoration and, in the grade of Awarded With Distinction, is the only U.S. sash and star decoration (the Chief Commander degree of the Legion of Merit – which may only be awarded to foreign heads of state – is a star decoration, but without a sash). The Executive Order calls for the medal to be awarded annually on or around July 4, and at other convenient times as chosen by the president,[5] but it has not been awarded every year (e.g., 2001, 2010). Recipients are selected by the president, either on his own initiative or based on recommendations. The order establishing the medal also expanded the size and the responsibilities of the Distinguished Civilian Service Awards Board so it could serve as a major source of such recommendations.
Medal andaccoutrementsincluding undress ribbon, miniature, and lapel badge.
Graphical representation of the Presidential Medal of Freedom with Distinction
The badge of the Presidential Medal of Freedom is in the form of a golden star with white enamel, with a red enamel pentagon behind it; the central disc bears thirteen gold stars on a blue enamel background (taken from the Great Seal of the United States) within a golden ring. Golden American bald eagles with spread wings stand between the points of the star. It is worn around the neck on a blue ribbon with white edge stripes.
A special grade of the medal, known as the Presidential Medal of Freedom with Distinction,[6] has a larger execution of the same medal design worn as a star on the left chest along with a sash over the right shoulder (similar to how the insignia of a Grand Cross is worn), with its rosette (blue with white edge, bearing the central disc of the medal at its center) resting on the left hip. When the medal With Distinction is awarded, the star may be presented depending from a neck ribbon and can be identified by its larger size than the standard medal (compare size of medals in pictures below; President Reagan’s was awarded With Distinction).
Both medals may also be worn in miniature form on a ribbon on the left chest, with a silver American bald eagle with spread wings on the ribbon, or a golden American bald eagle for a medal awarded With Distinction. In addition, the medal is accompanied by a service ribbon for wear on military service uniform, a miniature medal pendant for wear on mess dress or civilian formal wear, and a lapel badge for wear on civilian clothes (all shown in the accompanying photograph of the full presentation set).
Gordon B. Hinckleyreceiving the Presidential Medal of Freedom from George W. Bush in 2004
Chita Rivera with President Barack Obamaprior to receiving the Presidential Medal of Freedom, August 2009
President Barack Obama talks with Stephen Hawking in the Blue Room of the White House before a ceremony presenting him and 15 others the Presidential Medal of Freedom, August 12, 2009.
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
Published on Dec 30, 2013
Through a PRISM, Darkly
Everything we know about NSA spying
From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.
Speaker: Kurt Opsahl
EventID: 5255
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Language: english
Glenn Becks “SURVEILLANCE STATE”
Inside the NSA
Ed Snowden, NSA, and Fairy Tales
AT&T Spying On Internet Traffic
For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”
NSA Whistle-Blower Tells All – Op-Docs: The Program
The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
He told you so: Bill Binney talks NSA leaks
William Benny – The Government is Profiling You (The NSA is Spying on You)
‘After 9/11 NSA had secret deal with White House’
The story of Whistleblower Thomas Drake
Whistleblowers, Part Two: Thomas Drake
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
Meet Edward Snowden: NSA PRISM Whistleblower
The Truth About Edward Snowden
N.S.A. Spying: Why Does It Matter?
Inside The NSA~Americas Cyber Secrets
NSA Whistleblower Exposes Obama’s Dragnet
AT&T whistleblower against immunity for Bush spy program-1/2
AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program
The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.
AT&T whistleblower against immunity for Bush spy program-2/2
Enemy Of The State 1998 (1080p) (Full movie)
Background Articles and Videos
Stellar Wind
Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau.[1] The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001.[2] Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.[3]
The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity.[1] William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[4]
There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[4]
During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2] One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.[1]
In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[5] The article suggested that the otherwise dispatched Stellar Wind is actually an active program.
PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[1][2][3][Notes 1]PRISM is a government codename for a data collection effort known officially as US-984XN.[8][9] It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA).[10] The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.
A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.”[11] The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012.[12] The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.[13][14]
According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum.[15] Clapper issued a statement and “fact sheet”[16] to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.[17]
History
Slide showing that much of the world’s communications flow through the US
Details of information collected via PRISM
PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s.[1] A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC).[18][19][20][21] PRISM was authorized by an order of the FISC.[11] Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017.[2][22] According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.[22]
PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden.[2][1] The leaked documents included 41 PowerPoint slides, four of which were published in news articles.[1][2] The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012).[23] The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”[1]
The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States.[11] The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.[2][11]
According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally.[1] Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”[1]
Response from companies
The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.[2][1]
Initial Public Statements
Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports.[2][24] Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:[25][26]
Slide listing companies and the date that PRISM collection began
Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”[25]
Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.”[25] “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”[26]
Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”[25]
Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.”[25] “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”[26]
Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”[27]
Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”[25]
In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data.[13]The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.”[1] “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.[26]
“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.[28]
Slide showing two different sources of NSA data collection. The first source the fiber optic cables of the internet handled by the Upstream program and the second source the servers of major internet companies handled by PRISM.[29]
On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant.[30] Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”[31]
The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.”[32] The other companies held discussions with national security personnel on how to make data available more efficiently and securely.[32] In some cases, these companies made modifications to their systems in support of the intelligence collection effort.[32] The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel.[32] These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers”[29] and the companies’ denials.[32]
While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission.[32] Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said.[32] Facebook, for instance, built such a system for requesting and sharing the information.[32] Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.[33]
Post-PRISM Transparency Reports
In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.
On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000” user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.[34]
Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.[35]
Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.[36]
Response from United States government
Executive branch
Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats.[13] The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.”[37] He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.”[37] Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”[37] On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans.[38] In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.[39]
Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”[15]
On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.”[40][10] The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10]
The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”[10]
The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.”[41] He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”[41]
In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.[42]
Legislative branch
In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification,[43] and others said that they had not been aware of the program.[44] After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:
Senator John McCain (R-AZ)
June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”[45]
Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee
June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.[46]
June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”[47]
June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”[48]
Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee
June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”[49]
Representative John Boehner (R-OH), Speaker of the House of Representatives
June 11 “He’s a traitor”[50] (referring to Edward Snowden)
Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act
June 9, “This is well beyond what the Patriot Act allows.”[51] “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”[51]
Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.
June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”[46]
June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”[52]
Senator Mark Udall (D-CO)
June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.[46]
Representative Todd Rokita (R-IN)
June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,[53]
Senator Rand Paul (R-KY)
June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”[54]
June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”[45]
Representative Luis Gutierrez (D-IL)
June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”[52]
Judicial branch
The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.
Applicable law and practice
On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10] Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”[55] In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.”[55] When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.”[55] They do not need to specify which facilities or property that the targeting will be directed at.[55]
After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret.[55] The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.
If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.[55]
If the provider rejects the directive, the A.G. may request an order from FISC to enforce it.[55] A provider that fails to comply with FISC’s order can be punished with contempt of court.[55]
Finally, a provider can petition FISC to reject the directive.[55] In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order.[55] The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.[55]
The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”[56]
Involvement of other countries
Australia
The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.[57]
Canada
Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”[58]
Germany
Germany did not receive any raw PRISM data, according to a Reuters report.[59]
Israel
Israeli newspaper Calcalist discussed[60] the Business Insider article[61] about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.
New Zealand
In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”[62]
United Kingdom
In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.[63][64]
Domestic response
The neutrality of this section is disputed. Please do not remove this message until the dispute is resolved. (June 2013)
The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,”[65] and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”[66]
Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.”[67] Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.”[67] He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.[68]
In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case.[69] An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.”[69] Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.”[69] Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.”[70] In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.[71]
In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers;[72] the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.”[72][73] George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.[74]
The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.[75]
On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.[76]
International response
Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California.[77][78] When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”.[79] The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style.[80] Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”[81]
Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.[82]
Protests at Checkpoint Charlie in Berlin
The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”.[83] He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.[84]
The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.[85]
William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism[86] saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.”[86] David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.”[86][87] Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority.[87] The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”[82]
Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”[88]
Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.”[89] The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.[90]
Russia has offered to consider an asylum request from Edward Snowden.[91]
Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”[92][93]
A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”[94]
A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.[95]
ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun.[1] The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.[2] The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.
ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections.[3] A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.[4]
Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.[1][2] It ran over budget, failed to accomplish critical goals, and was cancelled.
NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.
The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.[5]
Background
Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens.[4][3] Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.[3]
In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management; Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]
Redacted version of the DoD Inspector General audit, obtained through the Freedom of Information Act by the Project on Government Oversight and others. [12][5]
The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” [13]
In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.”[5] The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]
In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down,[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.[17]
The new project replacing Trailblazer is called Turbulence.[3]
Whistleblowing
According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”[3]
In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.[19]
Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.[3]
In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[21] It had cost more than $1 billion.[8][22][23]
In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18] Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.[3]
In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[24][17][25] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]
In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.
In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][26][27] part of President Barack Obama’s crackdown on whistleblowers and “leakers”.[24][17][28][18] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]
In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.[5]
Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities.[1] It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian.[2] According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.
Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.[3][4]
History
Slide showing that much of the world’s communications flow through the US.
Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).[5][6][7]
NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.[8]
Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian.[1][9] The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.[10]
Technology
According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.[11]
Legality and FISA Amendments Act of 2008
The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.[12][13][14][15]
The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”[16]
Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.[17][18]
ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement[1] (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS[1] and Five Eyes).[2][3] It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.[4]
ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[5]
The system has been reported in a number of public sources.[6] Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001,[5] and by author James Bamford in his books on the National Security Agency of the United States.[4] The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.[5]
Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.
The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:
the Government Communications Headquarters of the United Kingdom,
the National Security Agency of the United States,
the Communications Security Establishment of Canada,
the Defence Signals Directorate of Australia, and
the Government Communications Security Bureau of New Zealand.
the National SIGINT Organisation (NSO) of The Netherlands
The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.[5]
Capabilities
The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic.[5] During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication,[7] and could be intercepted at great distances.[5] The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”[5]
The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber.[8] The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%.[5] Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video.[9] Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.[5]
One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt.[5] A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.[5]
Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.[10]
Controversy
See also: Industrial espionage
Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes.[10] Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon[5][11] and the speech technology developed by the Belgian firm Lernout & Hauspie.[12] An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.[13][14]
In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.[5]
Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.
Hardware
According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits.[citation needed] The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.[15]
Name
The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.”[5] The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).
Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK.[16] At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.[17]
Ground stations
The 2001 European Parliamentary (EP) report[5] lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:
Likely satellite intercept stations
The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:
Hong Kong (since closed)
Australian Defence Satellite Communications Station (Geraldton, Western Australia)
Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)[18]
Misawa Air Base (Japan) Map
GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
Sugar Grove (West Virginia, U.S.) Map
Yakima Training Center (Washington, U.S.) Map
GCSB Waihopai (New Zealand)
GCSB Tangimoana (New Zealand)
CFS Leitrim (Ontario, Canada)
Teufelsberg (Berlin, Germany) (closed 1992)
Other potentially related stations
The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:
Ayios Nikolaos (Cyprus – U.K.)
BadAibling Station (BadAibling, Germany – U.S.)
relocated to Griesheim in 2004[19]
deactivated in 2008[20]
Buckley Air Force Base (Aurora, Colorado)
Fort Gordon (Georgia, U.S.)
Gander (Newfoundland & Labrador, Canada)
Guam (Pacific Ocean, U.S.)
Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
Lackland Air Force Base, Medina Annex (San Antonio, Texas)
Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency that commenced operations in 2003 and was exposed in 2006.[1][2]
Description
Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T.[1] The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic[3] and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.”[4] Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.[2]
The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.[1]
The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T.[5] Klein claims he was told that similar black rooms are operated at other facilities around the country.
Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.
Lawsuit
Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings[4]
More complicated diagram of how it allegedly worked. From EFF court filings.[3] See bottom of the file page for enlarged and rotated version.
The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.[6] A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.
PRISM: A clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) which can target customers of participating corporations outside or inside the United States
Main Core: A personal and financial database storing information of millions of U.S. citizens believed to be threats to national security.[7] The data mostly comes from the NSA, FBI, CIA, as well as other government sources.[7]
Carnivore: A system implemented by the Federal Bureau of Investigation that was designed to monitor email and electronic communications. Apparently replaced by commercial software such as NarusInsight
Intelligence Community (IC): A cooperative federation of 16 government agencies working together, but also separately, to gather intelligence and conduct espionage
Story 1: 6 Baltimore Police Officers Charged — Obama’s National Police Force For The 21st Century! — Videos
We cannot continue to rely only on our military in order to achieve the national security objectives that we’ve set. We’ve got to have a civilian national security force that’s just as powerful, just as strong, just as well-funded.
Breaking News – Specific charges, profiles of Freddie Gray officers
6 Baltimore Cops Charged In Freddie Gray’s Death
Sheriff Clarke: Baltimore is “George Zimmerman, Duke Lacross all over again..”
SHARPTON CALLS FOR DOJ TO TAKE OVER POLICING
Judge Nap: Gov’t Cannot Be Confronted By Blue Wall of Silence in Freddie Gray Case
Napolitano: There’s a ‘Serious Absence of Leadership’ in Baltimore
Judge Nap: Arrest of Black Man Who Died From Spinal Injury ‘Unconstitutional’
DOJ Targets Racism in Police Forces – CNN.com
Will Police Departments Face Scrutiny After DOJ Ferguson Report?
Al Sharpton called to Baltimore by Mayor
Al Sharpton Calls For Nationalization Of Police In Wake Of Baltimore Riots (Limbaugh responds)
OBAMA RIPS US POLICE: Target Poor, African Americans
What They Won’t Tell You About Baltimore Riots
BALTIMORE RIOTS – Maryland Governor Activates 5,000 National Guard Troops. Martial Law Coming?
Bishop Jackson to Rev. Sharpton: ‘March Right Back to N.Y. & MSNBC’
Sheriff David Clarke: Al Sharpton Should ‘Go Back into the Gutter He Came From’
Baltimore Mayor Hand Picked by Obama for Task Force, Plan to Nationalize Police
BALTIMORE MAYOR NAMED IN OBAMA NATIONAL POLICE FORCE DOCUMENT. FALSE FLAG
Obama Civilian Security
Obama National Police Force
Heads Up! Obama Just Federalized Police Forces In 6 US Cities
Glenn Beck Digs into Obama’s Civilian National Police Force
President Obama Meets with the Task Force on 21st Century Policing
Radley Balko on the Militarization of America’s Police Force: VICE Meets
Gestapo Hitler’s Secret Police
LARKE: FREDDIE GRAY CHARGES ‘DUKE LACROSSE CASE ALL OVER AGAIN’
by IAN HANCHETT
Milwaukee County Sheriff David Clarke (D) declared the charges brought against six police officers in the death of Freddie Gray “George Zimmerman and the Duke Lacrosse case all over again” and said “these cops are political prisoners,” offered up as human sacrifices, thrown like red meat to an angry mob” on Friday’s “Your World with Neil Cavuto” on the Fox News Channel.
Clarke said of the charges, “it’s a miscarriage of justice. This neophyte prosecutor stood up there and made a political statement, Neil, and I say that because she’s chanting or voicing some of the chants from this angry mob. Her job is to tune that out. She said, I hear the voices. She’s not supposed to hear anything as she reviews this case that is not consistent with the rule of law and our system of justice. Look, I’m an experienced and a veteran homicide detective. I’ve had — I’ve participated in charging conferences. There is no way I have ever gotten a criminal charge within 24 hours after taking over all the reports and evidence to a prosecutor. A prosecutor who is thorough needs several days to sift through hundreds of pages of reports. They usually want to interview some of the witnesses themselves, in person, and they have to sift through all of the evidence, piece by piece, and they have to wait for some of the forensics evidence to conclude, to come back and that’s why I say on a minimum, three to four days. She just got this case yesterday. This is political activism. She’ll never prove this beyond a reasonable doubt, and I’m not going to silently stand by and watch my brother officers, offered up as human sacrifices, thrown like red meat to an angry mob, just to appease this angry mob.” And that “she rushed this thing through.”
After his interview was cut off to carry a Fraternal Order of Police press conference live, he continued, “she knows she’s not going to be able to prove these charges beyond a reasonable doubt. This is George Zimmerman and the Duke Lacrosse case all over again. A politically active district attorney or state’s attorney, you can tell the emotion in her voice, she almost did this with glee. And that’s why I believe, like they [the FOP] do…she needs to remove herself from the case. I hope the state’s attorney general gets involved in this, and sees the error of her ways. The smart thing for her to do is recuse herself and name a special prosecutor.”
He added that “there may be and probably are, some civil torts here, but what little I know, and I don’t know all the facts, but I’m listening to the emotion in their voice, and listening to those political statements that she made at the end of that news conference, that’s political activism, it’s wrong, it’s probably in violation of her code of ethics as a lawyer. And again, I’m going to take my time with this, but I’m not going to sit idly by, and I want to call out to every law enforcement officer in the country to pay attention to this. Because, I see a pattern, at least demands from an angry mob, that we be offered up as human sacrifices. We don’t do that in our system of justice in the United States just to please an angry mob. And I sense from what I heard her say, Neil, that that’s what is going on here.”
Clarke concluded, “there are some things I find in this case — what little I know — that are problematic from a procedural standpoint, but Neil, it doesn’t make it criminal. These cops are political prisoners. I’m calling them political prisoners because this state’s attorney, stood up there and made a political statement at the end, talking about she hears the voices, and no justice and no peace.”
Being educated in social work and community organizing, I have long suspected that Obama’s deception runs much deeper than many may realize. I have argued in other articles that blacks in America are deliberately being impoverished so they can easily be called upon to protest against the system; after all, that is the job of the community organizer, to stir up hate and discontent. This isn’t really a far fetched idea seeing as though some of the most impoverished cities in the country have been governed by Democrats for decades. I wrote in my article “Critical Projection Theory,” that the real reason Democrats push the race card so much is to hide their true history as the real oppressor of minorities in America. Watching events unfold as they have, I have to say I am more convinced of this than ever before. Are we witnessing the Hegelian Dialectic at play here?
This week in New York, another white police officer was not indicted for the death of another black man, and protests have been called. This is the case where the police officer in question choked Eric Gardner to death on the sidewalk July 17th of this year. To be honest with you, after watching the video I find myself wondering why he wasn’t indicted. In my opinion this looks like a clear cut case of police brutality. Is it possible that the same communist agitators that flamed the Ferguson riots have manipulated events concerning the jury’s decision not to indict, in order to encourage more resentment? While it may seem like a far fetched idea, it is in fact, the way “psychopolitical operatives” (communists) operate. This could very well be an expert application of the Hegelian Dialectic at work;create the problem, cause a crisis and then offer the solution. In this case the solution Obama wants may be a nationalized police force.
It isn’t hard to come to this conclusion when you remember what Obama said about a civilian security force that is better funded and more “well trained” than the military. Alleged racism in the police precincts across the country gives Obama and his communist cohorts the perfect excuse. We even have the U.N. expressing concerns about racially charged police brutality in America. The facts about white police killing blacks, as Janna B. reported, matter little because their is an agenda, and that agenda is disarming America and creating a national gestapo.
Public Law 87-297, State Department Publication NO. 7277, which is called The Arms Control And Disarmament act, calls for the complete and total disarmament of America. In fact, the first target of this plan is the United States military. If you haven’t noticed, our military has been decimated over the past couple of years. The plan then calls for disarming the public. Is it possible that disarming the police forces is also on the agenda? There would have to be a level of “psychological disarmament” before police forces across the countries would accept being under federal control; however, once this was accomplished they would certainly lack any ability to push back against the enveloping arms of the federal leviathan.
President Obama knows he can not push his will on the American people much longer, and he needs massive manpower to quell the civil unrest he knows is coming. As it stands now, he knows he can not count on local law enforcement because too many county sheriffs know their responsibilities, and are willing to stand up to the federal government. A nationalized police force could very well do away with the county sheriff and consolidate all policing powers under the federal government.
While much of this seems like crazy speculation, you have to remember that a great deal of what Obama accomplished was at one point, considered to be the same. The man keeps pushing for more and more and honestly, the less the cowardly Republicans do to stop him, the more he will push. I realize that sometimes many people will think I’m reaching far out there to come to conclusions that may never come to pass. The truth is, I hope they are right; however, when I see the racial divide Obama has created, and videos that appear to represent his own personal army in training, I get a little concerned. Keep your eyes open America, the next two years promise to be the most trying.
Marilyn Mosby Charges 6 Baltimore Police Officers in Death of Freddie Gray
Maryland State Attorney for the city of Baltimore Marilyn Mosby announced on Friday morning that Freddie Gray‘s death in police custody was ruled a homicide by the medical examiner, and that there is sufficient probable cause to file criminal charges against the six officers involved.
The six Baltimore police officers involved in the arrest of Freddie Gray will now face criminal charges ranging from murder to manslaughter to assault. The driver of the police van was charged with second-degree murder, while three officers were charged with involuntary manslaughter. Other officers were also charged with assault in connection with the murder.
Officers Charged In Freddie Gray’s Death, State’s Attorney Said Arrest Was Illegal
May 1, 2015 3:45 PM
City State’s Attorney Marilyn Mosby says Freddie Gray received his critical injuries in Baltimore police custody and has charged all six officers involved in his death.
The city state’s attorney outlined where they say the officers went wrong from the moment they arrested Gray all the way to the time they took him out of the van and realized he wasn’t breathing.
On April 12, when 25-year-old Freddie Gray first made eye contact with a city police officer and ran away, officers chased him down and arrested him at 1700 Pressbury Street.
Bystanders then began recording the arrest, watching as Gray was placed in the police van. The prosecutor faults the three arresting officers for not properly restraining or seatbelting Gray in the van, calling his arrest illegal to begin with.
“Lt. Rice, Officer Nero and Officer Miller failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed by Mr. Gray,” Mosby said.
The van made its first stop at Baker Street, where Gray was removed, put in flex cuffs and leg shackles and, again, not properly restrained. It is here prosecutors believe he was injured.
“Following transport from Baker’s Street, Mr. Gray suffered a severe and critical neck injury as a result of being restrained, handcuffed, shackled by his feet and unrestrained by his feet inside the Baltimore Police Department wagon,” she said.
That van stopped again at the intersection of Mosher and Freemont Street. The driver got out and observed Gray, but gave him no medical aid—and Gray still wasn’t in a seatbelt. The van made a third stop at Dolphin and Druid Hill Street, where Gray said he couldn’t breathe and asked twice for medical attention.
“However, despite Mr. Gray’s request for a medic, both officers assessed Mr. Gray’s condition. At no point did they restrain Mr. Gray per BPD general order, nor did they render or request medical attention,” she said.
The van then headed to North Avenue and Pennsylvania, where it stops to pick up Donta Allen. At that time, Gray was already unresponsive, according to Mosby. The officers did not get him medical help; he was still not properly secured in the van. Finally, the van drove to the Western District Police Station, where officers first removed the other prisoner from the van, before realizing that Gray had stopped breathing and was now in cardiac arrest.
“The findings of our comprehensive, thorough, and independent investigation coupled with the ME’s determination that Mr. Gray’s death was a homicide which we received today, has led us to believe that we have probable cause to file criminal charges,” Mosby said.
She charged all six officers in the death of Gray and said his arrest was illegal.
Mosby described the morning’s event:
She said Lt. Brian W. Rice along with Officer Garret Miller & Officer Edward M. Nero were on bike patrol when they made eye contact with Gray. Gray ran from Rice and Rice dispatched he was involved in a foot pursuit. Other officers got involved.
Gray surrendered to Miller and Nero and the officer handcuffed him behind his back, Mosby said. Gray asked for an inhaler because he “could not breathe,” but the officers did not get him medical attention.
They found a knife clipped inside his pants packet — the knife was not a switchblade and is lawful under Maryland law, she said.
The officers then restrained Gray in a “leg lace,” and held him down until the transport van arrived, while he “flailed and screamed.”
The officers failed to find probable cause for Gray’s arrest, Mosby said. When the police transport van arrived, he was placed into the wagon driven by Officer Caesar B. Goodson, but without a seatbelt.
“At no point was he secured by a seatbelt while in the wagon contrary to a BPD general order,” she added. “Despite stopping for the purpose of checking on Mr. Gray’s condition, at no point did he seek nor render any medical assistance for Mr. Gray.”
Gray was then removed from the wagon at Baker Street, places flex cuffs on his wrists and leg shackles on his ankles — while they completed paperwork. He was then placed back into the wagon’s floor head first and stomach down — without a seatbelt.
“Following transport from Baker Street, Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon,” Mosby said.
After leaving Baker Street, the officers stopped again to check on Gray’s condition, but they did not seek medical attention for Gray. Again, Goodson drove off without buckling Gray into the van.
The van stopped once again, this time Officer William G. Porter met up with Goodson and checked on gray. Gray asked for medical attention stating he couldn’t breathe. Porter asked Gray if he needed a medic and although Gray insisted he did, the officers allegedly placed him back on the bench and decided he did not need a medic.
Then Porter left to assist with another arrest on West North avenue and Goodson shortly followed with Gray in the back of the police van to help transport another suspect. When they arrived at that located they Sgt. Alicia White, Goodson and Porter saw Gray was unresponsive on the floor of the back of the wagon.
White spoke to the back of Gray’s head and was advised he needed a medic, but Mosby said she made no effort to determine his condition.
The officer did not get Gray medical attention until they returned to the Western District station.
Mosby said the officers are being charged with a number of counts of manslaughter, assault and misconduct. One officer will even be charged with a count of murder.
Officer Caeser B. Goodson, Jr. was charged with second-degree depraved heart murder, involuntary manslaughter, second-degree assault, two counts of manslaughter by vehicle and misconduct in office.
Officer William G. Porter was charged with involuntary manslaughter, second-degree assault and misconduct in office.
Lt. Brian W. Rice was charged with involuntary manslaughter, two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
Officer Edward M. Nero charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
Officer Garret Miller charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
Sgt. Alicia White involuntary manslaughter, second-degree assault and misconduct in office.
Warrants have been issued for the arrest of the officers.
“To the people of Baltimore and the demonstrators across America, I heard your call for ‘No Justice, No Peace,’ your peace is sincerely needed as I work to deliver justice on behalf of this young man,” Mosby added.
The officers could face up to 20 years in prison for the charges. The driver — Goodson — could face up to 63 years in prison. They are expected to turn themselves in later today.
As groups take to the streets of Baltimore to celebrate the news, several officials reacted to the findings.
The Baltimore Police Fraternal Order of Police No. 3 issued a letter to Mosby Friday morning on behalf of the officers involved saying that the death was not the officers’ faults and they also requested a special prosecutor citing conflicts of interest with Mosby’s office.
“Each of the officers involved is sincerely saddened by Gray’s passing. They are all committed police officers who have dedicated their careers to the Baltimore City Police Department,” the letter states, “And that has been lost in all the publicity.”
“All death is tragic,” the FOP states. “And death associated with interaction with police is both shocking and frightening to the public.”
Rep. Elijah Cummings reacted to the charges filed against the officers in a press conference Friday afternoon.
“Let the wheels of justice roll, and it’s good that they are rolling, instead of standing still,” Cummings said. “”One of things that I’m determined to do and I’m hoping we’re able to do is make Baltimore a model for the nation.”
Gov. Larry Hogan who has been working from Baltimore this week due to the state of emergency also commented on Mosby’s findings:
“We finally get the process moving forward, but it’s a process. The criminal justice system is gonna work it’s way through, we believe in the criminal justice system. It’s just one component of what’s going on down here. There’s the Freddie Gray case, there’s the safety of the people of Baltimore, and then there’s the longer term issues,” Hogan said. “My role in the process is to try to keep folks safe.” … “I know emotions are running high. We want to keep the peace, keep the calm. We’ve got a lot folks out there demonstrating tonight and tomorrow and we want to continue to have the kind of success we’ve had over the past three days of keeping people calm.”
Hogan said he doesn’t have a timeline for when curfew will be lifted.
On April 12, 2015, Freddie Gray, a 25-year-old African-American man, was taken into custody by the Baltimore Police Department for allegedly possessing a switchblade; however, Baltimore state’s attorney Marilyn J. Mosby subsequently stated “The knife was not a switchblade and is lawful under Maryland law”.[2] While being transported in a police van, Gray fell into a coma and was taken to a trauma center.[3][4][5] Gray died on April 19, 2015. His death was ascribed to injuries to his spinal cord.[5] On April 21, 2015, pending an investigation of the incident, six Baltimore police officers were temporarily suspended with pay.[4]
The circumstances of the injuries were initially unclear; eyewitness accounts suggested that the officers involved had partaken in unnecessary use of force against Gray while arresting him—a claim denied by an officer involved.[4][5][6][7]Commissioner Anthony Batts reported that the officers did not buckle him inside the van when being transported to the police station—a report supported by a medical investigation which found that Gray had sustained the injuries while in transport.[8][9]
On May 1, 2015, Baltimore prosecutors ruled that Gray’s death was a homicide, and that his arrest was illegal because the alleged switchblade was a legal-sized pocket knife. The prosecutors stated that they had probable cause to file criminal charges against the six police officers who were believed to be involved in his death.[2] One officer was charged with second degreedepraved-heart murder, and others were charged with crimes ranging from manslaughter to illegal arrest.[2]
Gray’s death resulted in an ongoing series of protests and civil disorder, in the spirit of the reaction to the 2014shooting of Michael Brown. A major protest in downtown Baltimore on April 25, 2015, turned violent, resulting in 34 arrests and injuries to 15 police officers.[10] After Gray’s funeral on April 27, civil unrest intensified with looting and burning of local businesses and a CVS drug store, culminating with a state of emergency declaration by GovernorLarry Hogan and Maryland National Guard deployment to Baltimore.
Background
Personal life
Freddie C. Gray was the 25-year-old son of Gloria Darden. He had a twin sister, Fredericka, as well as another sister, Carolina.[11] At the time of his death, Gray lived in the home owned by his sisters in the Gilmor Homes neighborhood.[11] He stood 5 feet 8 inches (1.73 m) and weighed 145 pounds (66 kg).[12]
Criminal record
Gray had a criminal record, mainly for misdemeanors and drug-related offenses.[12] He had been arrested a total of 22 times in Maryland, primarily for possession and distribution of illegal narcotics.[13] Gray had been involved in 20 criminal court cases, five of which were still active at the time of his death.[14][12]
Arrest and death
Police encountered Freddie Gray on the morning of April 12, 2015,[7] in the Sandtown-Winchester neighborhood of Baltimore, an area known to have high levels of home foreclosures, poverty, drug deals and violent crimes.[3][15] According to the charging documents submitted by the Baltimore police,[16] Gray attempted to flee “unprovoked” on foot, but police on bicycles chased and tackled Gray, found what they claimed was a switchblade in his pocket, and took him into custody at 8:40 a.m.[7][17] Two bystanders captured Gray’s arrest with video recordings, showing Gray being dragged into the van by officers. A bystander with connections to Gray stated that the officers were “folding” Gray—with one officer bending Gray’s legs backwards, and another holding Gray down by pressing a knee into Gray’s neck. Another witness told the Baltimore Sun that they had witnessed Gray being beaten with batons.[7][18]
According to the police timeline, Gray was placed in a transport van within 11 minutes of his arrest, and within 30 minutes, paramedics were summoned to take Gray to a hospital.[3] The van made four confirmed stops while Gray was detained. At 8:46 a.m., Gray was unloaded in order to be placed in leg irons because police said he was “irate.” A later stop, recorded by a private camera, shows the van stopped at a grocery store. At 8:59 a.m., a second prisoner was placed in the vehicle while officers checked on Gray’s condition, and 27 minutes later the van made its final stop so paramedics could transport an unconscious Gray to the hospital.[19] He was taken to the University of MarylandR Adams Cowley Shock Trauma Center in a coma.[3][20] The statement of charges filed by Officer Garrett Miller against Gray accused him of possessing a switchblade. Miller wrote, “The defendant was arrested without force or incident.”[6] Officers also reported “that he suffered a medical emergency during transport”.[7][21] The media has suggested the possibility of a so-called “rough ride“—where a handcuffed prisoner is placed without a seatbelt in an erratically driven vehicle—as a contributing factor in Gray’s injury.[22][23]
In the following week, according to the Gray family attorney, Gray suffered from total cardiopulmonary arrest at least once but was resuscitated without ever regaining consciousness. He remained in a coma, and underwent extensive surgery in an effort to save his life.[3] According to his family, he lapsed into a coma with three fractured vertebrae, injuries to his “voice box”, and his spine “80% severed” at his neck. Police confirmed that the spinal injury led to Gray’s death.[4][5] The attorney also disputed the claim that Gray had been in possession of a switchblade, and stated that it was actually a “pocketknife of legal size”.[24] He died on April 19, 2015, a week after his arrest.[17]
Aftermath
Investigation
The Baltimore Police Department suspended six officers with pay pending an investigation of Gray’s death.[17] The six officers involved in the arrest were identified as Lieutenant Brian Rice, 41 (18 years on the force), Sergeant Alicia White, 30 (5 years on the force), Officer William Porter, 25 (5 years on the force), Officer Garrett Miller, 26 (3 years on the force), Officer Edward Nero, 29 (3 years on force), and Officer Caesar Goodson, 45 (16 years on the force).[25] On April 24, 2015, Police Commissioner Anthony Batts said, “We know our police employees failed to get him medical attention in a timely manner multiple times.”[8] Batts also acknowledged police did not follow procedure when they failed to buckle Gray in the van while he was being transported to the police station.[8] The U.S. Department of Justice also opened an investigation into the case.[26]
On April 30, 2015, Kevin Moore, the man who filmed Gray’s arrest, was arrested at gunpoint following “harassment and intimidation” by police. Moore stated to have cooperated with police and gave over his video of Gray’s arrest for investigation. He claimed, despite aiding in the investigation, his photo was made public by police for further questioning.[27] The same day, medical examiners reported Gray sustained more injuries as a result of him slamming into the inside of the transport van, “apparently breaking his neck; a head injury he sustained matches a bolt in the back of the van”. [9]
On May 1, 2015, the Baltimore State’s Attorney’s office ruled that Freddie Gray’s death was a homicide, and that they had probable cause to file criminal charges against the six officers involved. Marilyn Mosby, the state’s attorney for Baltimore City, said that the Baltimore police had acted illegally and that “No crime had been committed” (by Freddie Gray).[28] Mosby said that Gray “suffered a critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside the BPD wagon.”[29][30] It was also ruled that the arrest of Gray was false imprisonment, because he was carrying a pocket knife of legal size, and not the switchblade police claimed he had possessed at the time of his arrest.[31]
Three of the officers are facing manslaughter charges and one faces an additional count of second degreedepraved-heart murder. The murder charge carries a possible penalty of 30 years in prison; the manslaughter and assault offenses carry a maximum penalty of 10 years in prison. [32]
Officer William G. Porter: Involuntary manslaughter; second degree assault; misconduct in office[32]
Lt. Brian W. Rice: Involuntary manslaughter; two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment[32]
Officer Edward M. Nero: Two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment[32]
Officer Garrett E. Miller: Two counts of second degree assault; two counts of misconduct in office; false imprisonment[32]
Sgt. Alicia D. White: Involuntary manslaughter; second degree assault; misconduct [32]
As of May 1st, five of the six officers were in custody.[33]
Response to charges
Mayor Stephanie Rawlings-Blake said there was no place in the Baltimore Police department for those police officers who “choose to engage in violence, brutality, racism and brutality.[34] Gene Ryan, president of the police union chapter said that despite the tragic situation, “none of the officers involved are responsible for the death of Mr. Gray.”[34]
Protesters at a police station near the site of Gray’s arrest on April 25
Public reaction to the death has drawn parallels to the response to the 2014 shooting of Michael Brown, as part of a larger string of controversial uses of force by police officers in the United States.[35][36] As of April 30, 2015, 22 demonstrations had been held nationwide in direct response to Gray’s death or in solidarity with Baltimore.[37]
On April 18, 2015, hundreds of people participated in a protest outside the Baltimore Police Department.[38] Three days later, on April 21, 2015, according to Reuters, “[h]undreds of demonstrators gathered in Baltimore”, protesting Gray’s death.[18]The next day, Gene Ryan, the president of the local lodge of the Fraternal Order of Police, expressed sympathy for the Gray family, but criticized the “rhetoric of protests” and suggested that “the images seen on television look and sound much like a lynch mob.” William Murphy, attorney for the Gray family, demanded an “immediate apology and a retraction”.[39] Ryan defended his statement two days later, while admitting that the wording was poor.[40]Charles M. Blow of The New York Times, reminded of a column he wrote several years ago, said that comparing protests to lynch mobs was too extreme because it inflames racial tensions by belittling the significance of the history of lynching in the United States.[41]
On April 25, 2015, protests were organized in downtown Baltimore, and the protests turned violent as protesters threw rocks and set fires.[42] At least 34 people were arrested, and 15 officers were injured.[10][43][44] On April 27, rioting and looting began after the funeral of Gray,[45] with two patrol cars destroyed and 15 officers reported injured.[10] Protesters looted and burned down a CVS Pharmacy location in downtown Baltimore.[46]
At a press conference, Baltimore’s mayor announced there would be a citywide curfew from 10:00 p.m. to 5:00 a.m.[54][55][56] School trips were canceled until mid-May,[57][58] and Baltimore’s city schools were closed on April 28.[59] In addition, both the University of Maryland campus in downtown Baltimore and the Mondawmin Mall were closed early.[60]
Protests outside Baltimore also took place in other U.S. cities. In New York City, 143 people at Union Square were arrested on April 29, 2015 for blocking traffic and refusing to relocate. On the same day, outside the White House in Washington, D.C., nearly 500 protesters converged without an incident. In Denver, eleven people were arrested as protesters were involved in physical altercations with officers. Other protests in response to Gray’s death took place in cities including Philadelphia,Minneapolis, and Portland.[61]
Story 1: Baltimore Police Were Repeatedly Ordered To ‘Stand down, stand down, stand down! Back up, back up, retreat, retreat!’ — Videos
Alarming Order – Rpt: Mayor Told Police To Stand Down – Baltimore, MD – Fox & Friends
Hemmer to Baltimore Mayor: Did You Tell Cops to Stand Down?
Officers Saying Baltimore Mayor Told Police To Stand Down!
Baltimore Riots: Mayor Ordered Police to Stand Down
Baltimore Mayor Stephanie Rawlings-Blake Defends Police Reforms at Sharpton Presser
OBAMA Gave STAND DOWN ORDER to BALTIMORE Mayor! “NOW THATS A LEGACY!” Part 1
Sheriff: ‘I Was Sick To My Stomach’ After Being Told To Stand Down
A Maryland sheriff who traveled to Baltimore to help law enforcement stop Monday’s riots told 105.7 The Fan that he was stunned when officers alerted him of the orders to stand down.
Michael Lewis is the Sheriff in Wicomico County, and was also a Sergeant with the Maryland State Police. He joined Ed Norris and Steve Davis on Thursday to talk about the alleged controversial orders the police were given during the riots.
Lewis said it wasn’t his intention to come to Baltimore, a drive of about two hours, but he felt it was his duty to help.
“I hadn’t planned to go to Baltimore at all. I watched the events unfold Saturday night like we all did, and was very concerned about what I saw, and the the lack of response Saturday night,” he said. “I immediately rallied up the troops. We made sure our MRAP was prepared and ready. … We were assigned to assigned to protect Baltimore City Police headquarters, all of E. Fayette Street up to City Hall, to include City Hall. There wasn’t a whole lot of activity taking place at all. We could smell that putrid smell of burning tires and a city on fire when as we came into the city. Had lots of concerns like everyone else. We maintained our post all night long until we were relieved.”
But what shocked him the most, he said, was when city police told him not to confront and accost the rioters.
“I was sick to my stomach like everybody else. … This was urban warfare, no question about it. They were coming in absolutely beaten down. The [city officers] got out of their vehicles, thanked us profusely for being there, apologized to us for having to be there. They said we could have handled this, we were very capable of handling this, but we were told to stand down, repeatedly told to stand down,” he said. “I had never heard that order come from anyone — we went right out to our posts as soon as we got there, so I never heard the mayor say that. But repeatedly these guys, and there were many high-ranking officials from the Baltimore City Police Department … and these guys told me they were essentially neutered from the start. They were spayed from the start. They were told to stand down, you will not take any action, let them destroy property. I couldn’t believe it, I’m a 31-year veteran of law enforcement. … I had never heard anything like this before in my life and these guys obviously aren’t gonna speak out and the more I thought about this, … I had to say a few things. I apologize if I’ve upset people, but I believe in saying it like it is.”
Lewis said though he didn’t hear the order to stand down come from the mayor, he did hear it from police officials.
“I heard it myself over the Baltimore City police radio that I had tethered to my body-armor vest, I heard it repeatedly. ‘Stand down, stand down, stand down! Back up, back up, retreat, retreat!’ I couldn’t believe those words. Those are words I’ve never heard in my law enforcement vocabulary,” he said. “Baltimore City police, all law enforcement agencies are very capable of handling that city. They’re trained to handle that city. These guys were hearing words that had never been echoed in their lives, in their careers.”
Lewis claims after the riots many officers told him they were done being cops in the city and how heartbroken they are that they were not allowed to defend their city and stop businesses from burning.
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Greg Toppo
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Pronk Palisades 
Part 1 of 3: American People Leaving Both Democratic and Republican Parties In Search of A Party With Principles and Leaders With Integrity and Defenders of The United States Constitution — A New Direction For America — Videos
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The Pronk Pops Show Podcasts
Pronk Pops Show 470 May 22, 2015
Pronk Pops Show 469 May 21, 2015
Pronk Pops Show 468 May 20, 2015
Pronk Pops Show 467 May 19, 2015
Pronk Pops Show 466 May 18, 2015
Pronk Pops Show 465 May 15, 2015
Pronk Pops Show 464 May 14, 2015
Pronk Pops Show 463 May 13, 2015
Pronk Pops Show 462 May 8, 2015
Pronk Pops Show 461 May 7, 2015
Pronk Pops Show 460 May 6, 2015
Pronk Pops Show 459 May 4, 2015
Pronk Pops Show 458 May 1, 2015
Pronk Pops Show 457 April 30, 2015
Pronk Pops Show 456: April 29, 2015
Pronk Pops Show 455: April 28, 2015
Pronk Pops Show 454: April 27, 2015
Pronk Pops Show 453: April 24, 2015
Pronk Pops Show 452: April 23, 2015
Pronk Pops Show 451: April 22, 2015
Pronk Pops Show 450: April 21, 2015
Pronk Pops Show 449: April 20, 2015
Pronk Pops Show 448: April 17, 2015
Pronk Pops Show 447: April 16, 2015
Pronk Pops Show 446: April 15, 2015
Pronk Pops Show 445: April 14, 2015
Pronk Pops Show 444: April 13, 2015
Pronk Pops Show 443: April 9, 2015
Pronk Pops Show 442: April 8, 2015
Pronk Pops Show 441: April 6, 2015
Pronk Pops Show 440: April 2, 2015
Pronk Pops Show 439: April 1, 2015
Pronk Pops Show 438: March 31, 2015
Pronk Pops Show 437: March 30, 2015
Pronk Pops Show 436: March 27, 2015
Pronk Pops Show 435: March 26, 2015
Pronk Pops Show 434: March 25, 2015
Pronk Pops Show 433: March 24, 2015
Pronk Pops Show 432: March 23, 2015
Pronk Pops Show 431: March 20, 2015
Pronk Pops Show 430: March 19, 2015
Pronk Pops Show 429: March 18, 2015
Pronk Pops Show 428: March 17, 2015
Pronk Pops Show 427: March 16, 2015
Pronk Pops Show 426: March 6, 2015
Pronk Pops Show 425: March 4, 2015
Pronk Pops Show 424: March 2, 2015
Pronk Pops Show 423: February 26, 2015
Pronk Pops Show 422: February 25, 2015
Pronk Pops Show 421: February 20, 2015
Pronk Pops Show 420: February 19, 2015
Pronk Pops Show 419: February 18, 2015
Pronk Pops Show 418: February 16, 2015
Pronk Pops Show 417: February 13, 2015
Pronk Pops Show 416: February 12, 2015
Pronk Pops Show 415: February 11, 2015
Pronk Pops Show 414: February 10, 2015
Pronk Pops Show 413: February 9, 2015
Pronk Pops Show 412: February 6, 2015
Pronk Pops Show 411: February 5, 2015
Pronk Pops Show 410: February 4, 2015
Pronk Pops Show 409: February 3, 2015
Pronk Pops Show 408: February 2, 2015
Story 1: American People Leaving Both Democratic and Republican Parties In Search of A Party With Principles and Leaders With Integrity and Defenders of The United States Constitution — A New Direction For America — Videos
Five Finger Death Punch – Wrong Side Of Heaven
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Gallup: Partisan split at historic level
Gallup Poll: Americans Overwhelmingly Want GOP Congress to Set Country’s Agenda, Not Obama
Most Political Independents Ever In USA
How Are Conservative And Liberal Brains Different?
Poll Record High 42 Percent Americans Identify As Independents
Against the USA, Naked Communist Conspiracy Is Unfolding, NWO
1.U.S. acceptance of coexistence as the only alternative to atomic war.
2.U.S. willingness to capitulate in preference to engaging in atomic war.
3.Develop the illusion that total disarmament by the United States would be a demonstration of moral strength.
4.Permit free trade between all nations regardless of Communist affiliation
5.Extension of long-term loans to Russia & satellites.
6.Provide American aid to all nations regardless
7.Grant recognition of Red China. Admission of Red China to the U.N.
8.Set up East and West Germany as separate states under supervision of the U.N.
9.Prolong the conferences to ban atomic tests because the U.S. has agreed to suspend tests as long as negotiations are in progress.
10.Allow all Soviet satellites individual representation in the U.N.
11.Promote the U.N. as the only hope for mankind. Demand that it be set up as a one-world government with its own independent armed forces.
12.Resist any attempt to outlaw the Communist Party.
13.Do away with all loyalty oaths.
14.Continue giving Russia access to the U.S. Patent Office.
15.Capture one or both of the political parties.
16.Use technical decisions of the courts to weaken by claiming their activities violate civil rights.
17.Get control of the schools. Promote Communist propaganda. Soften the curriculum. Get control of teachers’ associations.
18.Gain control of all student newspapers.
19.Use student riots to foment public protests against programs or organizations which are under Communist attack.
20.Infiltrate the press. Get control of book-review assignments, editorial writing, policymaking positions.
21.Gain control of key positions in radio, TV, and motion pictures.
22.Continue discrediting American culture by degrading all forms of artistic expression. “eliminate all good sculpture from parks and buildings, substitute shapeless, awkward and meaningless forms.”
23.Control art critics and directors of art museums.
24.Eliminate all laws governing obscenity by calling them “censorship” and a violation of free speech.
25.Break down cultural standards of morality by promoting pornography and obscenity 26.Present homosexuality, degeneracy and promiscuity as “normal, natural, healthy.”
27.Infiltrate the churches and replace revealed religion with “social” religion. Discredit the Bible as a “religious crutch.”
28.Eliminate prayer or religious expression in the schools
29.Discredit the American Constitution by calling it inadequate, old-fashioned, a hindrance to cooperation between nations on a worldwide basis.
30.Discredit the American Founding Fathers.
31.Belittle all forms of American culture and discourage the teaching of American history
32.Support any socialist movement to give centralized control over any part of the culture; education, social agencies, welfare programs, mental health clinics, etc.
33.Eliminate all laws or procedures which interfere with the operation of communism
34.Eliminate the House Committee on Un-American Activities.
35.Discredit and eventually dismantle the FBI.
36.Infiltrate and gain control of more unions.
37.Infiltrate and gain control of big business.
38.Transfer some of the powers of arrest from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand or treat.
39.Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communist goals.
40.Discredit the family. Encourage promiscuity, masturbation, easy divorce.
41.Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks and retarding to suppressive influence of parents.
42.Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special-interest groups should rise up and use “united force” to solve economic, political or social problems.
43.Overthrow all colonial governments before natives are ready for self-government.
44.Internationalize the Panama Canal.
45.Repeal the Connally reservation so the United States cannot prevent the World Court from seizing jurisdiction over domestic problems and individuals alike.
Mind Control, Psychology of Brainwashing, Sex & Hypnosis
Fit vs. UnFit, Eugenics, Planned Parenthood & Psychology, Mind Control Report
Yuri Bezmenov: Psychological Warfare Subversion & Control of Western Society
The Subversion Factor, Part 1: Moles In High Places
The Subversion Factor, Part 2: The Open Gates of Troy
G. Edward Griffin – The Collectivist Conspiracy
youtube=https://www.youtube.com/watch?v=jAdu0N1-tvU]
The Quigley Formula – G. Edward Griffin lecture
Robert Welch in 1974 reveals NWO
Robert Welch Speaks: A Touch of Sanity (1965)
Robert Welch Speaks: In One Generation (1974)
CORPORATE FASCISM: The Destruction of America’s Middle Class
CULTURAL MARXISM: The Corruption of America
Countdown to Financial Collapse – A Conversation with G. Edward Griffin
WRCFresnoTV — G. Edward Griffin — The Federal Reserve, Taxes, The I.R.S. & Solutions
Rammstein “We’re all living in America” (HD) English Subtitle
WASHINGTON, D.C. — After reaching a more than two-year high in early 2015, Americans’ satisfaction with the direction of the U.S. continues to fall. Twenty-six percent of Americans say they are satisfied with the way things are going in the nation in May, down slightly from 32% in January and February.
The latest data are from Gallup’s May 6-10 poll.
Satisfaction jumped nine points in January to 32%, a promising sign that Americans’ moods were improving after a year of lower figures throughout 2014, ranging between 20% and 27%. Since February, though, satisfaction has dipped only slightly each month, but these small drops have resulted in a six-point decline since the beginning of the year. Satisfaction remains below the 36% historical average for Gallup’s trend dating back to 1979.
The drop in Americans’ satisfaction with the way things are going parallels the recent decline in economic confidence. Americans had a more positive outlook on the economy at the dawn of 2015, but these views, like satisfaction, have edged down in recent months.
Views of the nation’s direction have certainly been brighter in the past. Majorities of Americans were typically satisfied with the direction of the U.S. between 1998 and mid-2002 — including a record high of 71% in February 1999. But satisfaction declined steadily in the latter half of President George W. Bush’s presidency as the public grew disillusioned with the war in Iraq and the national economy suffered. This dip in satisfaction culminated in 7% of Americans, a record low, saying they were satisfied with the direction of the nation in October 2008 as the global economy collapsed and the U.S. stock market plummeted.
Satisfaction improved significantly during the first year of President Barack Obama’s term — reaching 36% in August 2009. It has not returned to that level since, ranging between 11% and 33% throughout Obama’s time in office.
Americans Still List Economy, Gov’t and Unemployment as Top Problems
Though the 14% of Americans who name dissatisfaction with government, Congress and politicians as the top problem facing the U.S. has fallen five points since April, it still remains the most commonly mentioned problem — a distinction it has held for six months.
The economy in general (12%) and unemployment (10%) have remained at the top of the list for several years. But mentions of these issues are down significantly from their recent peaks — the economy reached a high of 37% in 2012, and unemployment reached a high of 39% in 2011.
Race relations and racism (8%), immigration (6%), a decline in moral, religious and family ethics (6%), the state of the healthcare system (5%) and terrorism (5%) were also among the most frequently cited problems facing the nation.
Bottom Line
After years of dysfunctional government, the economy and unemployment dominating Americans’ mentions of the top problem facing the nation, fewer mention these problems now than in recent years. Still, these three problems remain at the forefront of Americans’ concerns, and may be driving Americans’ high level of dissatisfaction with the nation’s direction.
Although Americans’ confidence in the economy is higher this year than in recent years, it is still negative. And while fewer mention dysfunctional government as the nation’s top problem, Americans still strongly disapprove of Congress’ performance and remain divided on Obama’s.
Meanwhile, mentions of unemployment as a top problem have dipped as more U.S. workers report their workplaces are hiring and the unemployment rate as reported by the BLS declines. But unemployment still remains one of the most frequently cited problems.
Survey Methods
Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.
Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.
http://www.gallup.com/poll/183248/americans-satisfaction-direction-wanes.aspx?utm_source=Politics&utm_medium=newsfeed&utm_campaign=tiles
Party Affiliation
Five Months Into GOP Congress, Approval Remains Low at 19%
Story Highlights
WASHINGTON, D.C. — Congressional job approval, currently at 19%, remains stuck near historical lows, despite a number of recent high-profile legislative achievements.
Over the past month, Congress has confirmed the stalled nomination of Attorney General Loretta Lynch and both chambers passed a bill that was signed into law regarding Medicare. Bills that would authorize limited congressional oversight on any international agreement with Iran and help victims of human trafficking passed the Senate with little or no opposition. The uptick in activity, though hardly historic, is notable compared with the past two Congresses. Those Congresses, marked by divided control of the two chambers, were known for their entrenched partisan gridlock and few legislative accomplishments. And Americans didn’t care for their inability to agree — they gave Congress its lowest approval ever over this time period. Gallup found in June 2013, six months into the previous Congress, that gridlock and ineffectiveness were the most frequently cited reason for Americans’ disapproval of Congress.
Several months into this new Congress, the accomplishments that have been realized could give one the impression that the gridlock is softening, particularly over the past month. But these achievements have had virtually no impact on Congress’s job approval compared with early April (15%).
And, of course, Congress is far from working perfectly now, even if the pace of work appears to have increased. Most dramatically, the Senate failed to overcome a Democratic filibuster Tuesday afternoon that would give the president enhanced authority in negotiating trade bills, though the May survey was conducted before this occurrence. Legislation authorizing the use of military force in Iraq and Syria to fight ISIS, proposed by the administration and which many members of Congress support, remains stalled.
GOP Congress Has Low Approval Among Republicans
A key reason the current 114th Congress appears to be having more legislative success than the two Congresses before it is that the House and Senate are now under one party’s control. Unified GOP control of Capitol Hill should, at least in theory, boost Republicans’ overall approval of Congress. But the expected “Republican rally” for Congress has yet to materialize — 21% of Republicans and Republican leaners approve of Congress, not much different from the 18% of independents and of Democrats who approve. Nor is Republican support notably higher than the 15% it reached in 2014, despite the decided Republican tilt of this year’s legislature.
Bottom Line
After years of dysfunction, Congress is moving forward on key pieces of legislation. No longer shackled by split control — though still facing a president of the opposite party — the legislative branch is suddenly finding some areas of agreement. But even if it appears that the gridlock is easing, the overwhelming majority of Americans still disapprove of Congress. If Congress continues passing bipartisan legislation, more Americans might soften their stance. Still, it may be that Americans are largely not aware of or impressed by Congress’ recent legislative successes. Or it may be that the hit to Congress’ reputation over the last several years — evident not only in dismal job approval ratings, but also fallinglevels of trust and confidence — will take a long time to reverse.
Survey Methods
Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.
Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.
http://www.gallup.com/poll/183128/five-months-gop-congress-approval-remains-low.aspx?utm_source=Politics&utm_medium=newsfeed&utm_campaign=tiles
On Social Ideology, the Left Catches Up to the Right
Story Highlights
PRINCETON, N.J. — Thirty-one percent of Americans describe their views on social issues as generally liberal, matching the percentage who identify as social conservatives for the first time in Gallup records dating back to 1999.
Gallup first asked Americans to describe their views on social issues in 1999, and has repeated the question at least annually since 2001. The broad trend has been toward a shrinking conservative advantage, although that was temporarily interrupted during the first two years of Barack Obama’s presidency. Since then, the conservative advantage continued to diminish until it was wiped out this year.
The newfound parity on social ideology is a result of changes in the way both Democrats and Republicans describe their social views. The May 6-10 Gallup poll finds a new high of 53% of Democrats, including Democratic-leaning independents, describing their views on social issues as liberal.
Democrats were more likely to describe their views on social issues as moderate rather than liberal from 2001 to 2005. Since then, socially liberal Democrats have outnumbered socially moderate Democrats in all but one year.
Meanwhile, the 53% of Republicans and Republican leaners saying their views on social issues are conservative is the lowest in Gallup’s trend. The drop in Republicans’ self-identified social conservatism has been accompanied by an increase in moderate identification, to 34%, while the percentage identifying as socially liberal has been static near 10%.
These trends echo the pattern in Gallup’s overall ideology measure, which dates back to 1992 and shows increasing liberal identification in recent years. As with the social ideology measure, the longer-term shifts are mainly a result of increasing numbers of Democrats describing their views as liberal rather than moderate. That may reflect Democrats feeling more comfortable in describing themselves as liberal than they were in the past, as much as a more leftward shift in Democrats’ attitudes on political, economic and social issues.
Conservatives Still Lead Liberals on Economic Issues
In contrast to the way Americans describe their views on social issues, they still by a wide margin, 39% to 19%, describe their views on economic issues as conservative rather than liberal. However, as on social ideology, the gap between conservatives and liberals has been shrinking and is lower today than at any point since 1999, with the 39% saying they are economically conservative the lowest to date.
Currently, 64% of Republicans identify as conservative economically, which is down from 70% the previous two years and roughly 75% in the early years of the Obama presidency. During George W. Bush’s administration, Republicans were less likely to say they were economic conservatives, with as few as 58% doing so in 2004 and 2005. The trends suggest Republicans’ willingness to identify as economic conservatives, or economic moderates, is influenced by the party of the president in office, and perhaps the types of financial policies the presidential administration is pursuing at the time.
Democrats are also contributing to the trend in lower economic conservative identification. While the plurality of Democrats have consistently said they are economically moderate, Democrats have been more likely to identify as economic liberals than as economic conservatives since 2007. The last two years, there has been a 15-percentage-point gap in liberal versus conservative identification among Democrats on economic matters.
Implications
Americans’ growing social liberalism is evident not only in how they describe their views on social issues but also in changes in specific attitudes, such as increased support for same-sex marriage and legalizing marijuana. These longer-term trends may be attributable to changing attitudes among Americans of all ages, but they also may be a result of population changes, with younger, more liberal Americans entering adulthood while older, more conservative adults pass on. Gallup found evidence that population replacement is a factor in explaining changes in overall ideology using an analysis of birth cohorts over time.
The 2016 presidential election will thus be contested in a more socially liberal electorate — and a less economically conservative one — than was true of prior elections. Economically and socially conservative candidates may still appeal to the Republican Party base in the primaries, but it may be more important now than in the past for the GOP nominee to be a bit less conservative on social issues in order to appeal to the broader general electorate.
And while Americans are less economically conservative than in the past, economic conservatives still outnumber economic liberals by about 2-to-1. As a result, Democrats must be careful not to nominate a candidate who is viewed as too liberal on economic matters if their party hopes to hold the White House beyond 2016.
Survey Methods
Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.
Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.
http://www.gallup.com/poll/183386/social-ideology-left-catches-right.aspx?utm_source=Politics&utm_medium=newsfeed&utm_campaign=tiles
AGAINST THE GRAIN
Democrats’ Vanishing Future
Hillary Clinton is not the only Democratic comeback candidate on the 2016 ticket. Senate Democrats are betting on the past to rebuild their party for the future.
BY JOSH KRAUSHAAR
One of the most underappreciated stories in recent years is the deterioration of the Democratic bench under President Obama’s tenure in office. The party has become much more ideologically homogenous, losing most of its moderate wing as a result of the last two disastrous midterm elections. By one new catch-all measure, a party-strength index introduced by RealClearPolitics analysts Sean Trende and David Byler, Democrats are in their worst position since 1928. That dynamic has manifested itself in the Democratic presidential contest, where the bench is so barren that a flawed Hillary Clinton is barreling to an uncontested nomination.
But less attention has been paid to how the shrinking number of Democratic officeholders in the House and in statewide offices is affecting the party’s Senate races. It’s awfully unusual to see how dependent Democrats are in relying on former losing candidates as their standard-bearers in 2016. Wisconsin’s Russ Feingold, Pennsylvania’s Joe Sestak, Indiana’s Baron Hill, and Ohio’s Ted Strickland all ran underwhelming campaigns in losing office in 2010—and are looking to return to politics six years later. Party officials are courting former Sen. Kay Hagan of North Carolina to make a comeback bid, despite mediocre favorability ratings and the fact that she lost a race just months ago that most had expected her to win. All told, more than half of the Democrats’ Senate challengers in 2016 are comeback candidates.
On one hand, most of these candidates are the best choices Democrats have. Feingold and Strickland are running ahead of GOP Sens. Ron Johnson and Rob Portman in recent polls. Hill and Hagan boast proven crossover appeal in GOP-leaning states that would be challenging pickups. Their presence in the race gives the party a fighting chance to retake the Senate.
(RELATED: What’s Next In the House Benghazi Committee’s Hillary Clinton Investigation)
But look more closely, and the reliance on former failures is a direct result of the party having no one else to turn to. If the brand-name challengers didn’t run, the roster of up-and-coming prospects in the respective states is short. They’re also facing an ominous historical reality that only two defeated senators have successfully returned to the upper chamber in the last six decades. As political analyst Stu Rothenberg put it, they’re asking “voters to rehire them for a job from which they were fired.” Senate Democrats are relying on these repeat candidates for the exact same reason that Democrats are comfortable with anointing Hillary Clinton for their presidential nomination: There aren’t any better alternatives.
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For a portrait of the Democrats’ slim pickings, just look at the political breakdown in three of the most consequential battleground states. Republicans hold 12 of Ohio’s 16 House seats, and all six of their statewide offices. In Wisconsin, Republicans hold a majority of the state’s eight House seats and four of five statewide partisan offices. In Pennsylvania, 13 of the 18 representatives are Republicans, though Democrats hold all the statewide offices. (One major caveat: Kathleen Kane, the Democrats’ once-hyped attorney general in the state, is under criminal investigation and has become a political punchline.) These are all Democratic-friendly states that Obama carried twice.
If Strickland didn’t run, the party’s hopes against Portman would lie in the hands of 30-year-old Cincinnati Councilman P.G. Sittenfeld, who would make unexpected history as one of the nation’s youngest senators with a victory. (Sittenfeld is still mounting a long-shot primary campaign against Strickland.) Without Feingold in Wisconsin, the party’s only logical option would be Rep. Ron Kind, who has regularly passed up opportunities for a promotion. Former Milwaukee Mayor Tom Barrett already lost to Gov. Scott Walker twice, and businesswoman Mary Burke disappointed as a first-time gubernatorial candidate last year. And despite the Democratic establishment’s publicized carping over Joe Sestak in Pennsylvania, the list of alternatives is equally underwhelming: His only current intra-party opposition is from the mayor of Allentown.
(RELATED: Hillary Clinton to Launch Her Campaign, Again)
In the more conservative states, the drop-off between favored recruits and alternatives is even more stark. Hagan would be a flawed nominee in North Carolina, but there’s no one else waiting in the wings. The strongest Democratic politician, Attorney General Roy Cooper, is running for governor instead. And in Indiana, the bench is so thin that even the GOP’s embattled governor, Mike Pence, isn’t facing formidable opposition. Hill, who lost congressional reelection campaigns in both 2004 and 2010, is not expected to face serious primary competition in the race to succeed retiring GOP Sen. Dan Coats.
Even in the two swing states where the party landed young, up-and-coming recruits to run, their options were awfully limited. In Florida, 32-year-old Rep. Patrick Murphy is one of only five House Democrats to represent a district that Mitt Romney carried in 2012—and his centrism has made him one of the most compelling candidates for higher office. The Democratic Senatorial Campaign Committee quickly rallied behind his campaign (in part to squelch potential opposition from firebrand congressman Alan Grayson). But if Murphy didn’t run, the alternatives would have been limited: freshman Rep. Gwen Graham and polarizing Democratic National Committee Chair Debbie Wasserman Schultz being the most logical alternatives.
In Nevada, Democrats boast one of their strongest challengers in former state Attorney General Catherine Cortez Masto, vying to become the first Latina ever elected to the Senate. But her ascension is due, in part, to the fact that other talented officeholders lost in the 2014 statewide wipeout. Democratic lieutenant-governor nominee Lucy Flores, hyped by MSNBC as a “potential superstar,” lost by 26 points to her GOP opponent. Former Secretary of State Ross Miller, another fast-rising pol, badly lost his bid for attorney general against a nondescript Republican. By simply taking a break from politics, Cortez Masto avoided the wave and kept her prospects alive for 2016.
(RELATED: Newly Released Clinton Email Detail Benghazi Correspondence)
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This isn’t an assessment of Democratic chances for a Senate majority in 2017; it’s a glaring warning for the party’s longer-term health. If Clinton can’t extend the Democrats’ presidential winning streak—a fundamental challenge, regardless of the political environment—the party’s barren bench will cause even more alarm for the next presidential campaign. And if the Democrats’ core constituencies don’t show up for midterm elections—an outlook that’s rapidly becoming conventional wisdom—Democrats have serious challenges in 2018 as well. It’s why The New Yorker’s liberal writer John Cassidy warned that a Clinton loss next year could “assign [Republicans] a position of dominance.”
By focusing on how the electorate’s rapid change would hand Democrats a clear advantage in presidential races, Obama’s advisers overlooked how the base-stroking moves would play in the states. Their optimistic view of the future has been adopted by Clinton, who has been running to the left even without serious primary competition.
But without a future generation of leaders able to compellingly carry the liberal message, there’s little guarantee that changing demographics will secure the party’s destiny. The irony of the 2016 Senate races is that Democrats are betting on the past, running veteran politicians to win them back the majority—with Clinton at the top of the ticket. If that formula doesn’t work, the rebuilding process will be long and arduous.
http://www.nationaljournal.com/against-the-grain/democrats-vanishing-future-20150521
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