Obama trampling civil rights and rights to privacy underfoot in the pretense of National Security

The Obama Administration’s “Secret Law” to Spy on Americans
by Tom Burghardt – Global Research, July 31, 2011

During last spring’s run-up to the reauthorization of three expiring provisions of the USA Patriot Act, Senator Ron Wyden (D-OR) charged that the administration and the FBI was relying on a “secret” interpretation of law to vacuum-up exabytes of data, including cell phone location records and internet data mining that target Americans.

In March, a written statement to the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security by Justice Department official Todd Hinnen confirmed that the administration had used Section 215, the so-called “business records” section of the Act “to obtain driver’s license records, hotel records, car rental records, apartment leasing records, credit card records, and the like.”

Further confirmation of Wyden’s charges came from an unlikely source: a White House nominee for a top counterterrorism position.

Last week Wired reported that Matthew Olsen, the administration’s pick to head the National Counterterrorism Center “acknowledged that ‘some of the pleadings and opinions related to the Patriot Act’ to the secret Foreign Intelligence Surveillance Court that approves snooping warrants ‘are classified’.”

If confirmed, Olsen will replace Michael E. Leiter, the Bushist embed who told the Senate last year during hearings into 2009’s aborted plot to bring down Northwest Airlines Flight 253 over Detroit on Christmas Day: “I will tell you, that when people come to the country and they are on the watch list, it is because we have generally made the choice that we want them here in the country for some reason or another.”

What those reasons are for wanting a terrorist to board a packed airliner were not spelled out to Senate nor were they explored by corporate media. This raises an inevitable question: what else is the administration concealing from the American people?

White House Stonewall

Back in May, the Electronic Frontier Foundation (EFF) filed a Freedom of Information Act lawsuit against the Justice Department “demanding the release of a secret legal memo used to justify FBI access to Americans’ telephone records without any legal process or oversight.”

So far, the administration has refused to release the memos.

According to the civil liberties’ watchdogs, a report last year by the DOJ’s own Inspector General “revealed how the FBI, in defending its past violations of the Electronic Communications Privacy Act (ECPA), had come up with a new legal argument to justify secret, unchecked access to private telephone records.”

“The Obama administration,” The Washington Post reports, has continued “to resist the efforts of two Democratic senators to learn more about the government’s interpretation of domestic surveillance law, stating that ‘it is not reasonably possible’ to identify the number of Americans whose communications may have been monitored under the statute.”

In a letter to Wyden and Senator Mark Udall (D-CO), Kathleen Turner, the director of legislative affairs for the Office of the Director of National Intelligence (ODNI), claimed that a “joint oversight team” has not uncovered evidence “of any intentional or willful attempts to violate or circumvent the Foreign Intelligence Surveillance Act or FISA, which was amended in 2008.”

Turner went on to say that “with respect to FAA” [FISA Amendments Act of 2008, the statute that “legalized” Bushist surveillance programs and handed retroactive immunity to spying telecoms like AT&T], “you [Wyden] asked whether any significant interpretations of the FAA are currently classified. As you are aware, opinions of the FISA Court usually contain extensive discussions of particularly sources, methods and operations and are therefore classified.”

Throwing the onus back on political grifters in the House and Senate, Turner wrote: “Even though not publicly available, by law any opinion containing a significant legal interpretation is provided to the congressional intelligence committees.”

With circular logic Turner claims that because “FISA Court opinions are so closely tied to the facts of the application under review that they cannot be made public in any meaningful form without compromising the sensitive sources and methods at issue.”

At best, her statement is disingenuous. After all, it is precisely that secret interpretation of the law made by the White House Office of Legal Counsel that Wyden and others, including EFF, the Electronic Privacy Information Network (EPIC) and journalists are demanding the administration clarify.

Justice Department Shields NSA’s Private Partners

The FBI isn’t the only agency shielded by the Justice Department under cover of bogus “state secrets” assertions by the Obama administration.

On July 13, EPIC reported that a U.S. District Court Judge issued an opinion in their lawsuit (EPIC v. NSA), “and accepted the NSA’s claim” that it can “neither confirm nor deny” that the agency “had entered into a relationship with Google following the China hacking incident in January 2010.”

The privacy watchdogs sought documents under FOIA “because such an agreement could reveal that the NSA is developing technical standards that would enable greater surveillance of Internet users.”

According to EPIC, the administration’s “Glomar response” to “neither confirm nor deny” a covert relationship amongst giant media corporations such as Google and secret state agencies “is a controversial legal doctrine that allows agencies to conceal the existence of records that might otherwise be subject to public disclosure.”

This issue is hardly irrelevant to internet users. CNET News reported last week that “Google’s Street View cars collected the locations of millions of laptops, cell phones, and other Wi-Fi devices around the world, a practice that raises novel privacy concerns.”

And given the government’s penchant to vacuum-up so-called “transactional data” without benefit of a warrant, would media giants such as Google, high-tech behemoths such as Apple or Microsoft, beholden to the federal government for regulatory perks, resist efforts by the feds demanding they cough-up users’ locational data?

Investigative journalist Declan McCullagh found that the cars “were supposed to collect the locations of Wi-Fi access points. But Google also recorded the street addresses and unique identifiers of computers and other devices using those wireless networks and then made the data publicly available through Google.com until a few weeks ago.”

According to CNET, “the French data protection authority, known as the Commission Nationale de l’Informatique et des Libertés (CNIL) recently contacted CNET and said its investigation confirmed that Street View cars collected these unique hardware IDs. In March, CNIL’s probe resulted in a fine of 100,000 euros, about $143,000.”

On Friday, CNET reported that Microsoft too, is in on the geolocation spy game. ..more