Telecommunications

20080623
Media -  - Radio - Communications - Corporations - Government - Politics
"July 18 Deadline for Cross-Ownership Move Requests: Ninth Circuit Court of Appeals Gives Broadcasters, Media Activists Until July 18 to File Requests for Moving Appeal of FCC Decision." ... "The Ninth Circuit Court of Appeals gave broadcasters and media activists until July 18 to file their requests for moving the appeal of the Federal Communications Commission's decision to loosen the ban on newspaper-broadcast cross-ownership." ... "That's according to one of the parties involved." -By John Eggerton -BroadcastingCable.com

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20080616
Kevin Jeffrey Martin - Corporate - Government - Politics - Satellite - Spectrum - History - Communications - Media - Minorities - Women - Lawmakers - Md
"Radio Merger Under Fire From Black Lawmakers: Caucus, FCC [Federal Communications Commission] Chair Differ On Setting Aside XM, Sirius Channels for Minorities." ... "Senior members of the Congressional Black Caucus yesterday criticized a compromise plan for the proposed merger of the XM and Sirius satellite radio companies, saying the deal does not provide enough opportunities for minority-owned programming." ... "[Republican President Bush's] Federal Communications Commission Chairman Kevin J. Martin said over the weekend that he would support the merger after XM Satellite Radio Holdings and Sirius Satellite Radio voluntarily agreed, among a series of other concessions, to lease 4 percent of their radio spectrums, or 12 channels, for programming run by minorities and women." ... "Members of the black caucus on Capitol Hill have been arguing for the merged company to lease five times that amount of spectrum to companies owned by racial minorities." ... "[Maryland Democratic Representative Elijah E. Cummings:] "It's shocking to the conscience in this day and age, where the minority populations comprise a significant part of the satellite radio audience, that Mr. Martin would settle for what I deem to be crumbs that have fallen off the table," Cummings said." ... "If the merger is approved, it would be a major reversal of FCC rules. The agency distributed licenses to XM and Sirius in 1997 on the condition the two companies never combine." -By Jeffrey H. Birnbaum -WashingtonPost

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20080611
Secret - Surveillance - Cellphone - Tracking - Technology - Internet - Financial - Data - Electronic - Intelligence - Counterterrorism - Investigation - Law - Politics
"Secret Spy Court Repeatedly Questions FBI Wiretap Network." ... "Does the FBI [Federal Bureau of Investigation] track cellphone users' physical movements without a warrant? Does the Bureau store recordings of innocent Americans caught up in wiretaps in a searchable database?  Does the FBI's wiretap equipment store information like voicemail passwords and bank account numbers without legal authorization to do so?" ... "That's what the nation's Foreign Intelligence Surveillance Court [FISC] wanted to know, in a series of secret inquiries in 2005 and 2006 into the bureau's counterterrorism electronic surveillance efforts, revealed for the first time in newly declassified documents." ... "The inquires are the first publicly known questioning of the FBI's post-9/11 surveillance activities by the secret court, which has historically approved nearly every wiretap application submitted to it.  The court handles surveillance requests in counterterrorism and foreign espionage investigations. The inquiries add to questions surrounding how the FBI has used the broad powers handed to it by Congress in the 2001 USA Patriot Act, including the FBI's admitted abuse of so-called National Security Letters to get stored telephone and financial records." ... "Among other things, the declassified documents reveal that lawyers in the FBI's Office of General Counsel and the Justice Department's Office of Intelligence Policy Review queried FBI technology officials in late July 2006 about cellphone tracking. The attorneys asked whether the FBI was obtaining and storing real-time cellphone-location data from carriers under a "pen register" court order that's normally limited to records of who a person called or was called by." ... "Separately, the secret court questioned if the FBI was using pen register orders to collect digits dialed after a call is made, potentially including voicemail passwords and account numbers entered into bank-by-phone applications." ... "EFF's Bankston says it's clear that FBI offices had configured their digit-recording software, [Digital Collection System] DCS 3000, to collect more than the law allows." ... "For more on the FBI's sophisticated wiretapping technology and how it links in with the nation's phone and internet infrastructure, see Point, Click, Eavesdrop." -By Ryan Singel -27B/6 -Wired

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20080606
John McCain - Surveillance - Amnesty - Politics - Corporate - Military - Government - Phone - E-Mail - Intelligence - History - Arizona - American - International - 2008 Election
"Adviser Says McCain Backs Bush Wiretaps." ... "A top adviser to [2008 Election Republican Presidential Candidate and Arizona] Senator John McCain says Mr. McCain believes that [Republican] President Bush’s program of wiretapping without warrants was lawful, a position that appears to bring him into closer alignment with the sweeping theories of executive authority pushed by the Bush administration legal team." ... "In a letter posted online by National Review this week, the adviser, Douglas Holtz-Eakin, said Mr. McCain believed that the Constitution gave Mr. Bush the power to authorize the National Security Agency to monitor Americans’ international phone calls and e-mail without warrants, despite a 1978 federal statute that required court oversight of surveillance." ... "Although a spokesman for Mr. McCain, the presumptive Republican presidential nominee, denied that the senator’s views on surveillance and executive power had shifted, legal specialists said the letter contrasted with statements Mr. McCain previously made about the limits of presidential power." ... "In an interview about his views on the limits of executive power with The Boston Globe six months ago, Mr. McCain strongly suggested that if he became the next commander in chief, he would consider himself obligated to obey a statute restricting what he did in national security matters." ... "Mr. McCain was asked whether he believed that the president had constitutional power to conduct surveillance on American soil for national security purposes without a warrant, regardless of federal statutes." ... "He replied: “There are some areas where the statutes don’t apply, such as in the surveillance of overseas communications. Where they do apply, however, I think that presidents have the obligation to obey and enforce laws that are passed by Congress and signed into law by the president, no matter what the situation is.”" ... "Following up, the interviewer asked whether Mr. McCain was saying a statute trumped a president’s powers as commander in chief when it came to a surveillance law. “I don’t think the president has the right to disobey any law,” Mr. McCain replied." ... "David Golove, a New York University law professor who specializes in executive power issues, said that while the language used by Mr. McCain in his answers six months ago was imprecise, the recent statement by Mr. Holtz-Eakin “seems to contradict precisely what he said earlier.”" ... "[2008 Election Democratic Presidential Candidate Barack Obama campaign adviser Greg Craig:] “American voters deserve to know which side of this flip-flop [McCain is] he’s on today, and what he would do as president,” Mr. Craig said in a phone interview." ... "And Glenn Greenwald, a Salon columnist and critic of the Bush administration's legal claims, wrote that the statement was a "complete reversal" by McCain, accusing the candidate of seeking "to shore up the support of right-wing extremists."" (1, 2) -By Charlie Savage -NYTimes

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20080605
John McCain - Corporate - Military - Government - Telecommunications - Surveillance - Amnesty - Politics - Intelligence - John Yoo - Torture - Detainee - Human Rights - Enforcement - Florida - 2008 Election
"McCain tangled in flip-flop flap over wiretapping immunity." ... "A series of statements about immunizing telecommunications companies that violated federal wiretapping laws have become something of an embarrassment, and perhaps even a problem, for [2008 Election Republican] John McCain's presidential campaign." ... "The statements revolve around whether McCain, like [Republican] President Bush, supports legislation that could be voted on this month extending retroactive immunity to those companies and perhaps many more." ... "In 2005, at least, McCain was in favor of letting the courts decide whether AT&T and other telecos violated the law." ... "... [Late December 2007] McCain told the Boston Globe this: "I think that presidents have the obligation to obey and enforce laws that are passed by Congress and signed into law by the president, no matter what the situation is."" ... "But after McCain became the all-but-official nominee, his political principles appear to have become more malleable. He voted in February for retroactive immunity -- even though there were no explicit statements telling AT&T and other telecommunications companies that this is not a "blessing." There were no deals providing for "oversight hearings." And there certainly were no "provisions" to ensure this won't happen again." ... "Our story may have ended there. Except that campaign representative Chuck Fish (not an actual campaign lawyer, as has been incorrectly reported, but a surrogate) subsequently suggested that his candidate still wanted "hearings," which The Washington Post picked up on last week. McCain's campaign fired off a nastygram to the Post saying that their candidate's "position on immunity has not changed."" ... "Meanwhile, McCain was questioned about his position at a town hall meeting the next day -- he replied that Congress needs to "have hearings" -- which The Wall Street Journal dutifully reported. The fuss became enough to prompt the conservative National Review to begin questioning McCain's the-executive-can-wiretap-as-it-pleases credentials. Salon entered the fray too." ... "[Florida Democratic Representative] Rep. Robert Wexler of Florida, who is a member of the House Judiciary committee, sent us this statement on Wednesday:"

"I am appalled by Senator John McCain's reaffirmation of support for the use of warrantless wiretapping on American citizens. Senator McCain has once again chosen to align himself with President George Bush, whose reprehensible spying program on Americans is a grave threat to our Constitutions guarantees of privacy and limited executive power. It is clear that Senator McCain, President Bush, and their Republican allies in Congress will continue to use scare tactics and fear mongering to claim that a president can simply chose to ignore America's laws... Senator McCain opposes a bipartisan House compromise bill that preserves appropriate court review of all surveillance of US citizens and gives judges the discretion to review all the necessary documents related to telecom lawsuits without offering blanket immunity."

"Yet there's a more important issue here, which is why the neo-cons are pressing McCain to adhere to the Bush administration's line. And that's the administration's theory of the so-called unitary executive, which says that the president's use of military force cannot be reviewed by courts." ... "McCain's earlier statements -- especially where he says presidents must "obey and enforce laws that are passed by Congress" -- seem to question the administration's interpretation. Beyond wiretapping, that touches on topics such as John Yoo's so-called torture memos, the applicability of the Geneva Convention to detainees, Bush's signing statements, and military commissions. Questioning the justifications for Bush's warrantless wiretapping means questioning the rest; no wonder McCain seems a little worried about where this may lead." -By Declan McCullagh -CNET

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[note: The conservative/Republican opinion magazine National Review supports lawless surveillance.]

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20080603
John McCain - Criminal - Spying - Secretly - Military - Government - Intelligence - Corporate - Telecom - Amnesty - Terrorism - Politics - 2008 Election - Arizona - Civil Liberties - "McCain: I'd Spy on Americans Secretly, Too." ... "If elected president, [2008 Election Republican Presidential Candidate and Arizona] Senator John McCain would reserve the right to run his own warrantless wiretapping program against Americans, based on the theory that the president's wartime powers trump federal criminal statutes and court oversight, according to a statement released by his campaign Monday." ... "McCain's new tack towards the [Republican President] Bush administration's theory of executive power comes some 10 days after a McCain surrogate stated, incorrectly it seems, that the senator wanted hearings into telecom companies' cooperation with [Republican] President Bush's warrantless wiretapping program, before he'd support giving those companies retroactive legal immunity." ... "As first reported by Threat Level, Chuck Fish, a full-time lawyer for the McCain campaign, also said McCain wanted stricter rules on how the nation's telecoms work with U.S. [United States] spy agencies, and expected those companies to apologize for any lawbreaking before winning amnesty." ... "But Monday, McCain adviser Doug Holtz-Eakin, speaking for the campaign, disavowed those statements, and for the first time cast McCain's views on warrantless wiretapping as identical to Bush's."

"[N]either the Administration nor the telecoms need apologize for actions that most people, except for the ACLU [American Civil Liberties Union] and the trial lawyers, understand were Constitutional and appropriate in the wake of the attacks on September 11, 2001. [...]"

"We do not know what lies ahead in our nation’s fight against radical Islamic extremists, but John McCain will do everything he can to protect Americans from such threats, including asking the telecoms for appropriate assistance to collect intelligence against foreign threats to the United States as authorized by Article II of the Constitution."

"The Article II citation is key, since it refers to [Republican] President Bush's longstanding arguments that the president has nearly unlimited powers during a time of war. The administration's analysis went so far as to say the Fourth Amendment did not apply inside the United States in the fight against terrorism, in one legal opinion from 2001." -By Ryan Singel -Wired

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20080516
• Barack Obama - Communications -  - Radio - Media - Market - Government - Politics - 2008 Election - "Obama, Bush at Odds Over Media-Ownership Vote: Democratic Presidential Candidate Urges House of Representatives to Follow Senate's Lead, Scrap FCC's Media-Ownership-Rule Change." ... "The fight over the Federal Communications Commission's [December] Dec. 18 media-ownership vote set up a potential battle between the current president [Republican Bush] and a senator who wants to be the next one." ... "[2008 Election Democratic Presidential Candidate and Illinois Senator] Sen. Barack Obama (D-Ill.[Democratic-Illinois]) Thursday urged the House to follow the Senate's lead and pass a resolution of disapproval, an unusual legislative maneuver that would invalidate the FCC's decision to allow TV and radio stations and newspapers to be co-owned in the top 20 markets, subject to some conditions." ... "After the Senate approved the measure, Obama, a co-sponsor of the bill, released a statement saying, "I urge my colleagues in the House of Representatives to expeditiously pass the legislation."" ... "He framed the vote, as he has before, as standing up to "Washington special interests," a campaign theme. "Our nation’s media market must reflect the diverse voices of our population, and it is essential that the FCC promotes the public interest and diversity in ownership," he said." -By John Eggerton -BroadcastingCable.com

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20080507
• Secret - Government - Intelligence - Terrorism - Politics - Illegal - Surveillance - Investigation - Internet - Archive - Library - Electronic - Civil Liberties - Brewster_Kahle - Censorship - San Francisco - California - Student - Health - Consumer - Telephone - Electronic - Data - National Security Letter - "FBI Targets Internet Archive With Secret 'National Security Letter', Loses." ... "The Internet Archive, a project to create a digital library of the web for posterity, successfully fought a secret government Patriot Act order for records about one of its patrons and won the right to make the order public, civil liberties groups announced Wednesday morning." ... "On November 26, 2007, the FBI [Federal Bureau of Investigation] served a controversial National Security Letter (.pdf) on the Internet Archive's founder Brewster Kahle, asking for records about one of the library's registered users, asking for the user's name, address and activity on the site." ... "The Electronic Frontier Foundation, the Internet Archive's lawyers, fought the NSL [National Security Letter], challenging its constitutionality in a December 14 complaint (.pdf) to a federal court in San Francisco [California]. The FBI agreed on April 21 to withdraw the letter and unseal the court case, making some of the documents available to the public." ... "The Patriot Act greatly expanded the reach of NSLs, which are subpoenas for documents such as billing records and telephone records that the FBI can issue in terrorism investigations without a judge's approval. Nearly all NSLs come with gag orders forbidding the recipient from ever speaking of the subpoena, except to a lawyer." ... "Brewster Kahle called the gag order "horrendous," saying he couldn't talk about the case with his board members, wife or staff, but said that his stand was part of a time-honored tradition of librarians protecting the rights of their patrons." ... ""This is an unqualified success that will help other recipients understand that you can push back on these," Kahle said in a conference call with reporters Wednesday morning." ... "Though FBI guidelines on using NSLs warned of overusing them, two Congressionally ordered audits revealed that the FBI had issued hundreds of illegal requests for student health records, telephone records and credit reports. The reports also found that the FBI had issued hundreds of thousands of NSLs since 2001, but failed to track their use. In a letter to Congress last week, the FBI admitted it can only estimate how many NSLs it has issued." -By Ryan Singel -Wired 

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20080421
• Elizabeth Edwards - John McCain - Government - Health Care - Politics - Drugs - Market - Occupations - Firefighting - Telecom - Arizona - 2008 Election - "Elizabeth Edwards On Health Care: ‘This Is Not A Cheap Shot; It Is Potentially Life And Death’." ... [By Elizabeth Edwards:] "[2008 Election Republican Presidential Candidate] John McCain accused me of taking a “cheap shot” on “This Week with George Stephanopoulos” yesterday for noting that people with preexisting conditions, such as he and I have, would not be able to get health care under his plan –- and that he perhaps was not as sensitive to this problem as he should be since he has been in government health care his whole life." ... "[Arizona Senator] Sen. McCain noted that he was not receiving government health care for the six years he was in captivity. That is true. But it has nothing to do with my point — which is that the problem with Sen. McCain’s health care plan is not how it affects us –- but how it affects the tens of millions of Americans with preexisting conditions who, unlike Sen. McCain and myself, do not have the resources to pay for quality health care." ... "That is not a cheap shot, it is a potentially life and death question for tens of million of Americans. And it is a question Sen. McCain must address." ... "McCain’s health care plan is centered around the idea that we’d be better off if more Americans bought health coverage on their own, rather than receiving it through a job or government program. But maybe since he has never purchased insurance in the individual market, he does not know the challenge it presents for Americans with preexisting conditions." ... "A recent study showed that nearly nine out of every ten people seeking individual coverage on the private insurance market never got it. Insurers will disqualify you for just taking certain medicines because of the possibility of future costs, including common drugs as Lipitor, Zocor, Nexium, and Advair. People who have had cancer are denied coverage and those who get cancer run the risk of simply being dropped by their insurer for any excuse that can be found. And insurers make it a practice to deny coverage to individuals in high risk occupations, such as firefighting, lumber work, telecom installation, and pretty much anything more risky than working in an office." -By Elizabeth Edwards -ThinkProgress.org /Wonk Room 

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• Corporate - Hackers - Manufacture - Electronics - Technology - California - Texas - US - Global - TV - Telecom - Media - Copyright - Enforcement - German - Canada - UK - Israeli - Intelligence - Spying - "Rupert Murdoch Firm Goes on Trial for Alleged Tech Sabotage." ... "Did a Rupert Murdoch company go too far and hire hackers to sabotage rivals and gain the top spot in the global pay-TV war?" ... "This is the question a jury will be facing in a spectacular five-year-old civil lawsuit that is finally being tried this month in California but which has, oddly, received little notice from U.S. [United States] media." ... "The case involves a colorful cast of characters that includes former intelligence agents, Canadian TV pirates, Bulgarian and German hackers, stolen e-mails and the mysterious suicide of a Berlin [Germany's capital] hacker who had been courted by the Murdoch company not long before his death." ... "On the hot spot is NDS Group, a UK-Israeli firm that makes smartcards for pay-TV systems like DirecTV. The company is a majority-owned subsidiary of Murdoch's News Corporation. The charges stem from 1997 when NDS is accused of cracking the encryption of rival NagraStar, which makes access cards and systems for EchoStar's Dish Network and other pay-TV services. Further, it’s alleged NDS then hired hackers to manufacture and distribute counterfeit NagraStar cards to pirates to steal Dish Network's programming for free." ... "NagraStar and one of its parent companies, EchoStar, are seeking about $101 million for damages for piracy, copyright infringement, misconduct and unfair competition. The list of witnesses in the case includes EchoStar's founder and CEO Charlie Ergen; several hackers and pirates; and Reuven Hazak, an Israeli who heads security for NDS and is a former deputy head of Shabak, or Shin Bet, Israel's domestic security agency (the equivalent of Britain's MI5)." ... "According to court documents, the scheme began to unravel in 2000 when law-enforcement agents in Texas seized suspicious packages containing CD and DVD players stuffed with more than $40,000 in cash. Parcels similar to this were being sent almost daily from Canada, via Texas, to a hacker in California named Christopher Tarnovsky, who was working for NDS as an engineer. The money was allegedly part of the conspiracy between Tarnovsky and NDS Group to sabotage NagraStar's cards." -By Kim Zetter -Wired

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20080328
• Barack Obama - Hillary Clinton - John McCain - Homeowners - Financial - Law - Government - Energy - Telecommunications - Illinois - North Carolina - 2008 Election - "Obama Casts Wide Blame for Financial Crisis and Proposes Homeowner Aid." ... "[2008 Election Democratic Presidential Candidate and Illinois] Senator Barack Obama called Thursday for tighter regulation of mortgage lenders, banks and financial houses, even as he spoke of pumping $30 billion into the economy to shield homeowners and local governments from the worst effects of the collapse of the housing bubble." ... "Mr. Obama laid much of the blame for the crisis on lobbyists and politicians who dismantled the regulatory framework governing the energy, telecommunications and financial services sectors." ... "“Under Republican and Democratic administrations, we failed to guard against practices that all too often rewarded financial manipulation instead of productivity and sound business practices,” Mr. Obama said. “The result has been a distorted market that creates bubbles instead of steady sustainable growth, a market that favors Wall Street over Main Street but ends up hurting both.”" ... "“Instead of establishing a 21st-century regulatory framework, we simply dismantled the old one,” he said, “aided by a legal but corrupt bargain in which campaign money all too often shaped policy and watered down oversight.”" ... "[2008 Election Democratic Presidential Candidate Hillary Clinton:] “We’ve had enough of a president who didn’t know enough about economics and didn’t do enough for the American middle class,” Mrs. Clinton said in Raleigh [North Carolina's capital]. Referring to [2008 Election Republican Presidential Candidate John] Mr. McCain, she added, “I don’t think we can afford four more years of that kind of inaction.”" ... "Mr. McCain “recently admitted, ‘The issue of economics is not something I’ve understood as well as I should,’ ” Mrs. Clinton said. “And it turns out he’d rather ignore the credit crisis and mortgage crisis — or blame middle-class families instead of offering solutions on their behalf.”" -By Michael Powell and Jeff Zeleny -NYTimes

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20080311
• Corporate - Government - Wiretapping - Amnesty - Phone - Customers - Classified - Intelligence - Terrorism - Politics - "House Steers Its Own Path on Wiretaps." ... "In continued defiance of the [Republican President Bush] White House, House Democratic leaders are readying a proposal that would reject giving legal protection to the phone companies that helped in the National Security Agency’s program of wiretapping without warrants after the Sept. 11 attacks, Congressional officials said Monday." ... "Instead of blanket immunity, the tentative proposal would give the federal courts special authorization to hear classified evidence and decide whether the phone companies should be held liable." ... "President Bush has been insisting for months that Congress give retroactive immunity to the phone companies, calling it a vital matter of national security." ... "Democrats have accused Mr. Bush of fear-mongering." ... "The flash point in the debate has been the question of whether to protect AT&T and other major phone companies from some 40 lawsuits pending in federal courts, which charge that the companies’ participation in the eavesdropping program violated federal privacy laws and their responsibilities to their customers." ... "With some conservative Democrats in the House favoring immunity for the phone companies, Democratic leaders conceded that the proposal would face opposition even within their own party. And they said that even if it were approved by the House, it was certain to face strong opposition from the White House and probable defeat in the Senate." -By Eric Lichtblau -NYTimes

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20080310
• Secretive - Government - Domestic Spying - American - Peoples - Communications - Travel - Finances - Electronic - EMails - Internet - Searches - Databases - Civil-Liberties - Law - Terrorism - Politics - Investigation - International - Military - Intelligence - TIA - "NSA's Domestic Spying Grows As Agency Sweeps Up Data." ... "Five years ago, Congress killed an experimental Pentagon antiterrorism program meant to vacuum up electronic data about people in the U.S. to search for suspicious patterns [the TIA program: the Total Information Awareness program]. Opponents called it too broad an intrusion on Americans' privacy, even after the Sept. 11 terrorist attacks." ... "But the data-sifting effort didn't disappear. The National Security Agency, once confined to foreign surveillance, has been building essentially the same system." ... "The central role the NSA has come to occupy in domestic intelligence gathering has never been publicly disclosed. But an inquiry reveals that its efforts have evolved to reach more broadly into data about people's communications, travel and finances in the U.S. than the domestic surveillance programs brought to light since the 2001 terrorist attacks." ... "Congress now is hotly debating domestic spying powers under the main law governing U.S. surveillance aimed at foreign threats. An expansion of those powers expired last month and awaits renewal, which could be voted on in the House of Representatives this week. The biggest point of contention over the law, the Foreign Intelligence Surveillance Act, is whether telecommunications and other companies should be made immune from liability for assisting government surveillance." ... "Largely missing from the public discussion is the role of the highly secretive NSA in analyzing that data, collected through little-known arrangements that can blur the lines between domestic and foreign intelligence gathering." ... "According to current and former intelligence officials, the spy agency now monitors huge volumes of records of domestic emails and Internet searches as well as bank transfers, credit-card transactions, travel and telephone records. The NSA receives this so-called "transactional" data from other agencies or private companies, and its sophisticated software programs analyze the various transactions for suspicious patterns. Then they spit out leads to be explored by counterterrorism programs across the U.S. government, such as the NSA's own Terrorist Surveillance Program, formed to intercept phone calls and emails between the U.S. and overseas without a judge's approval when a link to al Qaeda is suspected." ... "The NSA's enterprise involves a cluster of powerful intelligence-gathering programs, all of which sparked civil-liberties complaints when they came to light. They include a Federal Bureau of Investigation program to track telecommunications data once known as Carnivore, now called the Digital Collection System, and a U.S. arrangement with the world's main international banking clearinghouse to track money movements." ... "The effort also ties into data from an ad-hoc collection of so-called "black programs" whose existence is undisclosed, the current and former officials say." ... "Two current officials also said the NSA's current combination of programs now largely mirrors the former TIA [Total Information Awareness] project. But the NSA offers less privacy protection." -By Siobhan Gorman -WSJ.com 

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20080306
• Illegal - Corporate - Government - Surveillance - Terrorism - Investigation - Consumer - Finances - Telephone - Internet - Data - Intelligence - Politics - Rights - History - Audit - Vt - "More FBI Privacy Violations Confirmed." ... "The FBI [Federal Bureau of Investigation] acknowledged it improperly accessed Americans' telephone records, credit reports and Internet traffic in 2006, the fourth straight year of privacy abuses resulting from investigations aimed at tracking terrorists and spies." ... "Testifying at a Senate Judiciary Committee hearing, [FBI Director Robert] Mueller raised the issue of the FBI's controversial use of so-called national security letters [NSLs] in reference to an upcoming report on the topic by the Justice Department's inspector general." ... "An audit by the inspector general last year found the FBI demanded personal records without official authorization or otherwise collected more data than allowed in dozens of cases between 2003 and 2005. Additionally, last year's audit found that the FBI had underreported to Congress how many national security letters were requested by more than 4,600." ... "National security letters, as outlined in the USA Patriot Act, are administrative subpoenas used in suspected terrorism and espionage cases. They allow the FBI to require telephone companies, Internet service providers, banks, credit bureaus and other businesses to produce highly personal records about their customers or subscribers without a judge's approval." ... "Speaking before the FBI chief, [Vermont Democratic Senator and] Senate Judiciary Chairman Patrick Leahy, D-Vt. [Democratic-Vermont], urged Mueller to be more vigilant in correcting what he called "widespread illegal and improper use of national security letters."" ... ""Everybody wants to stop terrorists. But we also, though, as Americans, we believe in our privacy rights and we want those protected," Leahy said. "There has to be a better chain of command for this. You cannot just have an FBI agent who decides he'd like to obtain Americans' records, bank records or anything else and do it just because they want to."" -By Lara Jakes Jordan -AP via -SFGate.com 

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20080228
• Corporate - Government - Telecom - Amnesty - Politics - Surveillance - Intelligence - Data - US - Foreign - "If we punish lawbreaking, they might not break the law again." ... "[Republican President] GEORGE BUSH held a press conference this morning to discuss a variety of issues, but above all to hammer House Democrats for failing to hold a vote on reforms to the Foreign Intelligence Surveillance Act already approved in the Senate, including retroactive civil immunity for telecoms that participated in the National Security Agency's extrajudicial eavesdropping programme. And again, the president articulated an argument that has never made any sense to me, for all that it has been repeated:"
[Bush:] "You can't expect the phone companies to participate if they feel that they are going to be sued... How can you listen to the enemy if the phone compnaies aren't going to particiapte with you?"
"How are you going to listen? Well, presumably by way of lawful court orders or emergency certifications, as authorised under the old FISA statute, and now also on the independent authority of the attorney-general and director of national intelligence even without a court order, assuming some version of those expanded powers eventually passes. When surveillance is conducted pursuant to the law, there is no question of whether telecom firms will "cooperate" or "participate", like children at day camp. They will comply, and they will do it because they are required to." ... "The worry about "participation" makes sense only if you anticipate asking these companies to turn over information outside the law, without a court order or any statutory authority. But that is precisely why we have laws establishing penalties for unauthorised data disclosure: To deter them from helping the government to circumvent the law. If you think they should help the government circumvent the law, then it seems you ought to stop poncing about with ad hoc amnesties and simply do away with the data disclosure statues, at least as they apply to information sharing with intelligence agencies." -Economist.com

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20080227
• Karl Rove - Political - Government - Computer - E-Mails - Communications - Archives - Laws - Presidential Records Act Law - Hatch Act Law - History - Data - Censorship - Investigation - "GOP Halts Effort to Retrieve White House E-Mails." ... "After promising last year to search its computers for tens of thousands of e-mails sent by [Republican President Bush] White House officials, the Republican National Committee has informed a House committee that it no longer plans to retrieve the communications by restoring computer backup tapes, the panel's chairman said yesterday." ... "The move increases the likelihood that an untold number of RNC [RNC=Republican National Committee=Republican Party] e-mails dealing with official White House business during the first term of the Bush administration -- including many sent or received by former [Republican President Bush] presidential adviser Karl Rove -- will never be recovered, said House Democrats and public records advocates." ... "Administration officials have acknowledged that Rove and many other White House officials routinely used RNC accounts for government business, despite rules [Laws: the Presidential Records Act Law and the Hatch Act Law] requiring that they conduct such business through official communications channels. The RNC deleted all e-mails until 2004, when it exempted White House officials from its e-mail purging policy." ... "About 80 White House aides used RNC accounts for official government business, committee staff members said. Rove, for example, sent or received 140,000 e-mails on RNC servers from 2002 to 2007, and more than half involved official ".gov" accounts, the panel has said." ... "The RNC dispute is part of a broader debate over whether the Bush administration has complied with long-standing statutory requirements to preserve official White House records -- including those reflecting potentially sensitive policy discussions -- for history and in case of future legal demands." ... "The committee is investigating allegations that vast stores of official Bush administration e-mails have also gone missing from the White House, which scrapped a [former Democratic President] Clinton-era archiving system and has struggled with data retention problems." -By Dan Eggen -WashingtonPost

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20080223
• John McCain - Corporate - Politician - Government - Television - Media - Communications - Law - Pennsylvania - Arizona - Florida - Jet -