http://wnd.com/…

Two new directives signed by President Bush establish sweeping authority for federal executive departments and agencies to establish a coordinated “framework” to collect and retain biometric data on U.S. citizens identified as “known and suspected terrorists,” without requiring public or congressional disclosure of the procedures.

Although the directives run over 1,700 words in length, Congress is not mentioned once, nor is there any specification of how the coordinated “framework” will be disclosed to the public.

WND contacted the White House press office for comment but received no return call.

The directives also do not specify any procedures for citizens to challenge their inclusion in the biometric database or any resulting consequences, such as restricted travel or additional government surveillance.

How is it that something so large can be put into place without the say of Congress? Obviously while the executive branch is given funds by the legislative and not all ways in which the money will be spent can be tagged by them you would think something this intensive would get some nod from those who hold the purse and pass law. But no. As we have seen time and time again from Lincoln to G.W. Bush the executive branch thinks itself supreme and obviously above the law.

I suspect that this will be challenged right quick by the EFF and/or ACLU and if we’re lucky it’d be shot down.

http://blog.wired.com/…

Arlen Specter, the Republican leader of the Senate Judiciary Committee, on Wednesday demanded an independent investigation into “Spygate.”

The announcement came three years after it was first disclosed President Bush had authorized a secret electronic eavesdropping program on Americans without warrants in the wake of the September 11 terror attacks.

But Specter wasn’t referring to that.

Instead, the Pennsylvania senator is demanding an inquiry into the New England Patriots’ secret videotaping of opposing NFL coaches’ signals on the sidelines — an affair sports writers have dubbed “Spygate.”

We are not making this up. Specter said such behavior, a violation of NFL rules, is damaging to the sport. Call it Specter’s own Patriot Act.

“It’s really an insult to the people who follow it,” Specter said. He added that the Patriots “owe the public a lot more candor and a lot more accountability.”

The league has fined the Patriots and coach Bill Belichick $750,000 each. The team’s video assistant has turned over to the NFL eight tapes of opposing coaches giving signals during games.

Apparently real-world warrantless spying isn’t as egregious as snooping on opposing NFL coaches.

Specter and other lawmakers initially talked tough when The New York Times disclosed Bush’s spying program in 2005. “There is no doubt that this is inappropriate,” Specter said at the time.

But Congress, including Specter, eventually passed the Protect America Act, which allowed government officials to eavesdrop in the United States on telephone conversations and  e-mails without warrants, if the target of the surveillance is “reasonably believed” to be overseas.

The law expired in February after lawmakers deadlocked on whether to grant immunity to telecommunications companies being sued for assisting Bush in carrying out the administration’s secret spying program before it was legal.
The Protect America Act’s expiration means surveillance must be authorized by a secret intelligence court if the wiretap is physically planted on U.S. soil.

Still, President Bush maintains that, as commander in chief, his administration has warrantless spying powers regardless of the Fourth Amendment to the U.S. Constitution.

Again, we’re not making up this story.

Or total fucking tool? This really is just disgusting. At least the whole baseball drug thing it was related to the whole war on drugs thing which many people still oppose. This is related to an extreme breach of the Constitution and public trust which the executive branch not only hid from the public and the other branches of government but blatantly lied about. This asshole is more concerned with a fucking sporting event then the American people or even his own person and family. How does he think the ex-New York governor got caught?

And yet this jackball will get reelected.

http://arstechnica.com/…

The US last week released its 2007 wiretapping stats, and they show that such surveillance is up a full 20 percent over the year before. The number of non-secret wiretaps is higher than it has ever been in the last decade, and not a single application was denied in all of 2007. If you’re concerned about privacy, though, the report makes clear that you’re statistically unlikely to be targeted unless you use a cell phone to run drugs. Murder might also earn you a wiretap, but apart from that, the authorities don’t seem to use wiretaps in all but unusual cases.

2,208 wiretaps were requested last year, up from 1,839 the year before, and the vast majority of them were run by state authorities; only 457 wiretaps were executed by the feds. No applications for wiretap were denied, but this is hardly uncommon. Since 1997, some 15,000 wiretaps have been made, but only four applications were rejected in that entire time.

When we look at the prevalence of wiretaps, two trends stand out. One is that taps are almost exclusively used on “portable devices,” including digital pagers and portable phones. In fact, 94 percent of all taps authorized last year were for such devices. The second trend is that most wiretaps are used in narcotics cases. 81 percent of all taps were for drug-related crime, with murder and assault coming in a distant second (6 percent).

Wiretaps apparently have something in common with shopping at bulk retailers; when you buy more items at once, the price goes down. The cost per intercept has been dropping since 2003, when it peaked at $62,164. In 2007, that number had fallen to $48,477 per investigation. While that still sounds pricey, the report notes that drug intercepts have often been used to make big busts. One set of 2007 wiretaps in Morris County, New Jersey led to the arrest of 105 people; another, in New York, scooped up 51 people, 48 of whom were later convicted. Another 57-day wiretap in California led to the seizure of 40 pounds of methamphetamine, four kilograms of cocaine, and $700,000 in cash.Of course, those are just regular warrants. The Justice Department also released information this week on secret warrants issued by the Foreign Intelligence Surveillance Court. These numbers are also rising, and have been going up since 2001; the increase is a dramatic one. In 2001, the Court approved only 1,012 applications, but approved 2,370 last year.

I’m glad the government is getting a better rate at which to waste our money on rights infringement. Is it likely that these larger drug busts got guys who were actually harming people? Yes, but those people should be arrested for that harm and not providing a drug to another individual in a completely consensual act. This war on drugs is a war on the public. It’s a negative sum game. A drug addiction is a personal problem, a family problem, a community problem. It’s a medical problem. It should be treated as such. In the least I’d like to see some consistency. Alcohol and tobacco are the precursor to far more harm then marijuana or LSD.

And as for the privacy invasion. Wasn’t all this FISA enhancement requested for terrorism? Why are we catching NY governors paying for sex and people selling goods?

http://www.out-law.com/page-8884 

The US government, through the National Security Agency, has been tapping phone lines without court warrants since shortly after the terrorist attacks in the US of September 2001. The till-then secret programme was revealed by the New York Times in 2005.

The government claims that the actions were legal but has made all details of the programme classified. This causes problems for the ACLU since only those who have been wiretapped can sue, but the information about who has been tapped is kept secret.

Jameel Jaffer, director of the ACLU’s national security project, said that the case raised worries about the unchecked power of the president who, as the executive arm, is just one branch of government.

“It’s very disturbing that the president’s actions will not be reviewed by the Supreme Court. It shouldn’t be left to executive branch officials alone to determine what limits apply to their own surveillance activities and whether those limits are being honoured,” he said. “Allowing the executive branch to police itself flies in the face of the constitutional system of checks and balances.”

The ACLU had tried to appeal a verdict of a US Court of Appeal which ruled that it could not prove that its communications had been monitored, and so could not prove that the programme had harmed any party to the case. It had sued on behalf of itself, journalist and scholars.

Separate law suits are being conducted in the US against the telecommunications companies that allowed the surveillance to happen without court-issued warrants.

There are also political struggles over amendments to US law that would allow warrantless wiretaps of non-US citizens in the US who are communicating with people overseas.

A temporary measure expired over the weekend and the Democrat-controlled Congress refused to make the law permanent.

That law included controversial immunity for telecoms companies. Congress has proposed a law that does extend wiretapping but does not grant telcos immunity from prosecution for their actions.

“The court’s unwillingness to act makes it even more important that Congress insist on legislative safeguards that will protect civil liberties without jeopardizing national security,” said Steven Shapiro, the ACLU’s legal director.

You want to prove to the judicial branch that the executive branch is breaking the law and show that the legislative branch is at least complacent if not helping them do so. To have a case you must prove you’ve been harmed but the only proof is held by those you are accusing. They won’t confirm or deny the existence of the proof nor would they turn it over because it’s a matter of national security. The judicial system says that since you can’t get the evidence you don’t have a case.

Does anyone else find this a little troubling?

• 10:00AM Sharon Harris from Advocates for Self-Government gave the opening speech this morning. She talked about how the liberty movement needs to start working toward honing our delivery of the freedom message. Libertarians, especially those who are active in the movement, tend to be more abstract thinkers. More logical progression of ideas whereas the majority of people are more emotional “think with the heart” types. We talk about abstract rights and wrongs and less practical examples but we need practical real world examples for those who aren’t generally like us.
• Chris Lawless informs us the hotel doesn’t want us to open carry.
• We ran into Glen Jacobs very briefly. He is better known as Kane from the WWE. He’s fairly well known as a libertarian and recently publicly supported Ron Paul for President. I believe he is also a member of the FSP. We unfortunately didn’t get an opportunity to get a photo with him but if he’s still around tomorrow or Sunday we surely will.
• 12PMish xyz and I checkin to the hotel and while walking out to the car we see the John McCain’s campaign bus. While walking in we discuss stopping Mr. McCain and telling him that after his argument with Romney over whether or not water boarding is torture we decided to try it out ourselves and agreed with him that it indeed torture. As we walk through the automatic doors into the lobby and are talking about this I nearly run into McCain as my head is turned talking to xyz behind me. I got out of the way in time however and diverted my knocking over of a 72y/o presidential candidate which would have been picked up on the camera which was following him.
• 1:00PM xyz and myself attend Gardner Goldsmith’s presentation on immigration. I listen to his radio show so little was new but it’s very enjoyable to interact with fellow Liberty Forum attendees in asking questions and whatnot. Robert Schulz of We the People Foundation also gave a very good lecture I heard. xyz and I did however get a chance to talk with him while waiting in line for dinner.
• 2:30PM I attended Don Gorman’s lecture on Becoming an Effective Activist but it effectively was a sales pitch for the FSP and how easy it is to participate in politics and protest in NH. xyz attended Peter Bagge’s presentation on his work for Reason Magazine and his art in general.
• 4:00PM Thomas Eddlem gave a lecture on how the current administration has been disobeying the Constitution. Particularly the 4th, 6th, and 8th Amendments. He however blew things out of proportion a bit in describing how it could be used against the average citizen. While it’s certainly an issue to say that it’s just as probable that I would be locked up and the key thrown away without trial is the same as some guy picked up who has the same name as a known terrorist and himself has a criminal record is ridiculous.
• Chatted with another Libertarian Party presidential candidate: Michael P. Jingozian. Reminded him that I believe he was invited to the Manhattan LP’s Annual Convention. He said he forgot to look into whether he could attend and took some contact info. We’ll see.
• Nearly had dinner with Gardner but it turned out the table we picked already was filled besides the two chairs we picked. However, those who had reserved those seats were people we had previously had discussions with during the cocktail hour. Including Ed Hudgins from The Atlas Society. Talked about hard money.
  
• The keynote speaker for the evening was Bernard von NotHaus of the Liberty Dollar. He came out dressed as the ghost of a Revolutionary solder, Capt. Roughseas, who was sent by the Founding fathers informing us to take care of this fiat money system that’s corrupted the US. Complete with sabre. It was a bit odd but generally entertaining. Nothing that probably more than half of them in attendance hadn’t heard before.

Dave Ridley’s Ridley Reports from the first night: