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09 Mar '06

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09 Mar '06

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Re:
by Gregory Hicks 09 Mar '06

09 Mar '06

> Date: Thu, 9 Mar 2006 01:39:52 -0500 > From: "Riad S. Wahby" <rsw(a)jfet.org> > > "J.A. Terranson" <measl(a)mfn.org> wrote: > > Who else is left? > > Actually, after the recent round of publicity postings by coderman > (to, e.g., full-disclosure), we've gotten a bunch of new lurkers. > I've seen lots of subscribe requests come over the wire in the past > week-and-some. Well... For what it is worth, I've been lurking for the past nine months or so... > Maybe we can resuscitate this beast. I suppose a good start would be > de-lurking myself, but we shall see if that's really a possibility or > not. I would hope it can be resuscitated. I've used some of this software to make an "anonymous" (really) mailer for "whistle blowers" where I work. > As to the make-your-own-node howto, I haven't had the opportunity yet, > but I see the glimmer of free time at the end of the tunnel, so it > really is forthcoming, after a fashion. I'd like to see this. I've got some bandwidth (net wise, not work wise) to set up a node... Regards, Gregory Hicks --------------------------------------------------------------------- I am perfectly capable of learning from my mistakes. I will surely learn a great deal today. "A democracy is a sheep and two wolves deciding on what to have for lunch. Freedom is a well armed sheep contesting the results of the decision." - Benjamin Franklin "The best we can hope for concerning the people at large is that they be properly armed." --Alexander Hamilton

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A break-in to end all break-ins - In 1971, stolen FBI files exposed the government's domestic spying program.
by coderman 08 Mar '06

08 Mar '06

heh, wonder who did it? wonder if 'The Citizens' Commission to Investigate the FBI' is an idea whose time has come (back again?) :P ---cut--- http://www.latimes.com/news/opinion/commentary/la-oe-jalon8mar08,0,6893224,… A break-in to end all break-ins In 1971, stolen FBI files exposed the government's domestic spying program. By Allan M. Jalon ALLAN M. JALON is a longtime contributor to The Times and other publications on issues of culture and media. March 8, 2006 THIRTY-FIVE YEARS ago today, a group of anonymous activists broke into the small, two-man office of the Federal Bureau of Investigation in Media, Pa., and stole more than 1,000 FBI documents that revealed years of systematic wiretapping, infiltration and media manipulation designed to suppress dissent. The Citizens' Commission to Investigate the FBI, as the group called itself, forced its way in at night with a crowbar while much of the country was watching the Muhammad Ali-Joe Frazier fight. When agents arrived for work the next morning, they found the file cabinets virtually emptied. Within a few weeks, the documents began to show up mailed anonymously in manila envelopes with no return address in the newsrooms of major American newspapers. When the Washington Post received copies, Atty. Gen. John N. Mitchell asked Executive Editor Ben Bradlee not to publish them because disclosure, he said, could "endanger the lives" of people involved in investigations on behalf of the United States. Nevertheless, the Post broke the first story on March 24, 1971, after receiving an envelope with 14 FBI documents detailing how the bureau had enlisted a local police chief, letter carriers and a switchboard operator at Swarthmore College to spy on campus and black activist groups in the Philadelphia area. More documents went to other reporters Tom Wicker received copies at his New York Times office; so did reporters at the Los Angeles Times and to politicians including Sen. George McGovern of South Dakota and Rep. Parren J. Mitchell of Maryland. To this day, no individual has claimed responsibility for the break-in. The FBI, after building up a six-year, 33,000-page file on the case, couldn't solve it. But it remains one of the most lastingly consequential (although underemphasized) watersheds of political awareness in recent American history, one that poses tough questions even today for our national leaders who argue that fighting foreign enemies requires the government to spy on its citizens. The break-in is far less well known than Daniel Ellsberg's leak of the Pentagon Papers three months later, but in my opinion it deserves equal stature. Found among the Media documents was a new word, "COINTELPRO," short for the FBI's "secret counterintelligence program," created to investigate and disrupt dissident political groups in the U.S. Under these programs, beginning in 1956, the bureau worked to "enhance the paranoia endemic in these circles," as one COINTELPRO memo put it, "to get the point across there is an FBI agent behind every mailbox." The Media documents along with further revelations about COINTELPRO in the months and years that followed made it clear that the bureau had gone beyond mere intelligence-gathering to discredit, destabilize and demoralize groups many of them peaceful, legal civil rights organizations and antiwar groups that the FBI and Director J. Edgar Hoover found offensive or threatening. For instance, agents sought to persuade Martin Luther King Jr. to kill himself just before he received the Nobel Prize. They sent him a composite tape made from bugs planted illegally in his hotel rooms when he was entertaining women other than his wife and threatened to make it public. "King, there is one thing left for you to do. You know what it is," FBI operatives wrote in their anonymous letter. Under COINTELPRO, the bureau also targeted actress Jean Seberg for having made a donation to the Black Panther Party. The fragile actress ultimately committed suicide after a gossip nugget based on a FBI wiretap was leaked to the L.A. Times and published. The item, suggesting that the father of the baby she was carrying was a Black Panther rather than her French writer-husband, turned out to be wrong. The sheer reach of a completely politicized FBI was one of the most frightening revelations of the Media documents. Underground newspapers were targeted. Students (and their professors) were targeted. Celebrities were targeted. The Communist Party of the U.S.A., the Southern Christian Leadership Conference, the Student Non-Violent Organizing Committee, the Black Panther Party, the Women's Strike for Peace all were targeted. "Neutralize them in the same manner they are trying to destroy and neutralize the U.S.," one memo said. Eventually, the COINTELPRO memos some from Media and some unearthed later prompted hearings led by Rep. Don Edwards of California and by Sen. Frank Church of Idaho on intelligence agency abuses. In the mid-1970s, the wayward agency began finally to be reined in. It is tragic when people lose faith in their government to the extent that they feel they must break laws to expose corruption. But a war that had been started and sustained by lies had gone on for years. And a government had betrayed its citizens, manipulating their fear to strengthen its grip on power. Today, again, many people worry that their government may be on the road to subverting its own ideals. I hope that the commemoration of those unknown activists being held today in Media, Pa., will serve as a reminder that fighting for democracy abroad must remain more than merely an excuse to weaken civil liberties at home. ---end-cut---

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Bush's Mysterious 'New Programs'
by coderman 08 Mar '06

08 Mar '06

maybe the new detention centers are for journalists of insufficient loyalty... [it's hard for me to be outraged or shocked by anything done by our leaders at this point, but massive detention center build-out for 'new programs' is raising the hair on the back of my neck.] """ "In the war against terrorists of global reach, as the Nation learned all too well on Sept. 11, 2001, the territory of the United States is part of the battlefield," Bush's lawyers argued in briefs to the federal courts. [Washington Post, July 19, 2005] Given Bush's now open assertions that he is using his "plenary" - or unlimited - powers as Commander in Chief for the duration of the indefinite War on Terror, Americans can no longer trust that their constitutional rights protect them from government actions. As former Vice President Al Gore asked after recounting a litany of sweeping powers that Bush has asserted to fight the War on Terror, "Can it be true that any President really has such powers under our Constitution? If the answer is 'yes,' then under the theory by which these acts are committed, are there any acts that can on their face be prohibited?" In such extraordinary circumstances, the American people might legitimately ask exactly what the Bush administration means by the "rapid development of new programs," which might require the construction of a new network of detention camps. """ --cut--- http://www.zmag.org/content/print_article.cfm?itemID=9869&sectionID=104 Bush's Mysterious 'New Programs' by Nat Parry; Truthout ; March 08, 2006 Not that George W. Bush needs much encouragement, but Sen. Lindsey Graham suggested to Attorney General Alberto Gonzales a new target for the administration's domestic operations - Fifth Columnists, supposedly disloyal Americans who sympathize and collaborate with the enemy. "The administration has not only the right, but the duty, in my opinion, to pursue Fifth Column movements," Graham, R-S.C., told Gonzales during Senate Judiciary Committee hearings on Feb. 6. "I stand by this President's ability, inherent to being Commander in Chief, to find out about Fifth Column movements, and I don't think you need a warrant to do that," Graham added, volunteering to work with the administration to draft guidelines for how best to neutralize this alleged threat. "Senator," a smiling Gonzales responded, "the President already said we'd be happy to listen to your ideas." In less paranoid times, Graham's comments might be viewed by many Americans as a Republican trying to have it both ways - ingratiating himself to an administration of his own party while seeking some credit from Washington centrists for suggesting Congress should have at least a tiny say in how Bush runs the War on Terror. But recent developments suggest that the Bush administration may already be contemplating what to do with Americans who are deemed insufficiently loyal or who disseminate information that may be considered helpful to the enemy. Top US officials have cited the need to challenge news that undercuts Bush's actions as a key front in defeating the terrorists, who are aided by "news informers" in the words of Defense Secretary Donald Rumsfeld. Detention Centers Plus, there was that curious development in January when the Army Corps of Engineers awarded Halliburton subsidiary Kellogg Brown & Root a $385 million contract to construct detention centers somewhere in the United States, to deal with "an emergency influx of immigrants into the US, or to support the rapid development of new programs," KBR said. [Market Watch, Jan. 26, 2006] Later, the New York Times reported that "KBR would build the centers for the Homeland Security Department for an unexpected influx of immigrants, to house people in the event of a natural disaster or for new programs that require additional detention space." [Feb. 4, 2006] Like most news stories on the KBR contract, the Times focused on concerns about Halliburton's reputation for bilking US taxpayers by overcharging for sub-par services. "It's hard to believe that the administration has decided to entrust Halliburton with even more taxpayer dollars," remarked Rep. Henry Waxman, D-California. Less attention centered on the phrase "rapid development of new programs" and what kind of programs would require a major expansion of detention centers, each capable of holding 5,000 people. Jamie Zuieback, a spokeswoman for Immigration and Customs Enforcement, declined to elaborate on what these "new programs" might be. Only a few independent journalists, such as Peter Dale Scott and Maureen Farrell, have pursued what the Bush administration might actually be thinking. Scott speculated that the "detention centers could be used to detain American citizens if the Bush administration were to declare martial law." He recalled that during the Reagan administration, National Security Council aide Oliver North organized Rex-84 "readiness exercise," which contemplated the Federal Emergency Management Agency rounding up and detaining 400,000 "refugees," in the event of "uncontrolled population movements" over the Mexican border into the United States. Farrell pointed out that because "another terror attack is all but certain, it seems far more likely that the centers would be used for post-911-type detentions of immigrants rather than a sudden deluge" of immigrants flooding across the border. Vietnam-era whistleblower Daniel Ellsberg said, "Almost certainly this is preparation for a roundup after the next 9/11 for Mid-Easterners, Muslims and possibly dissenters. They've already done this on a smaller scale, with the 'special registration' detentions of immigrant men from Muslim countries, and with Guantanamo." Labor Camps There also was another little-noticed item posted at the US Army Web site, about the Pentagon's Civilian Inmate Labor Program. This program "provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison camps on Army installations." The Army document, first drafted in 1997, underwent a "rapid action revision" on Jan. 14, 2005. The revision provides a "template for developing agreements" between the Army and corrections facilities for the use of civilian inmate labor on Army installations. On its face, the Army's labor program refers to inmates housed in federal, state and local jails. The Army also cites various federal laws that govern the use of civilian labor and provide for the establishment of prison camps in the United States, including a federal statute that authorizes the Attorney General to "establish, equip, and maintain camps upon sites selected by him" and "make available ... the services of United States prisoners" to various government departments, including the Department of Defense. Though the timing of the document's posting - within the past few weeks - may just be a coincidence, the reference to a "rapid action revision" and the KBR contract's contemplation of "rapid development of new programs" have raised eyebrows about why this sudden need for urgency. These developments also are drawing more attention now because of earlier Bush administration policies to involve the Pentagon in "counter-terrorism" operations inside the United States. Pentagon Surveillance Despite the Posse Comitatus Act's prohibitions against US military personnel engaging in domestic law enforcement, the Pentagon has expanded its operations beyond previous boundaries, such as its role in domestic surveillance activities. The Washington Post has reported that since the Sept. 11, 2001, terror attacks, the Defense Department has been creating new agencies that gather and analyze intelligence within the United States. [Washington Post, Nov. 27, 2005] The White House also is moving to expand the power of the Pentagon's Counterintelligence Field Activity (CIFA), created three years ago to consolidate counterintelligence operations. The White House proposal would transform CIFA into an office that has authority to investigate crimes such as treason, terrorist sabotage or economic espionage. The Pentagon also has pushed legislation in Congress that would create an intelligence exception to the Privacy Act, allowing the FBI and others to share information about US citizens with the Pentagon, CIA and other intelligence agencies. But some in the Pentagon don't seem to think that new laws are even necessary. In a 2001 Defense Department memo that surfaced in January 2006, the US Army's top intelligence officer wrote, "Contrary to popular belief, there is no absolute ban on [military] intelligence components collecting US person information." Drawing a distinction between "collecting" information and "receiving" information on US citizens, the memo argued that "MI [military intelligence] may receive information from anyone, anytime." [See CQ.com, Jan. 31, 2005] This receipt of information presumably would include data from the National Security Agency, which has been engaging in surveillance of US citizens without court-approved warrants in apparent violation of the Foreign Intelligence Security Act. Bush approved the program of warrantless wiretaps shortly after 9/11. There also may be an even more extensive surveillance program. Former NSA employee Russell D. Tice told a congressional committee on Feb. 14 that such a top-secret surveillance program existed, but he said he couldn't discuss the details without breaking classification laws. Tice added that the "special access" surveillance program may be violating the constitutional rights of millions of Americans. [UPI, Feb. 14, 2006] With this expanded surveillance, the government's list of terrorist suspects is rapidly swelling. The Washington Post reported on Feb. 15 that the National Counterterrorism Center's central repository now holds the names of 325,000 terrorist suspects, a four-fold increase since the fall of 2003. Asked whether the names in the repository were collected through the NSA's domestic surveillance program, an NCTC official told the Post, "Our database includes names of known and suspected international terrorists provided by all intelligence community organizations, including NSA." Homeland Defense As the administration scoops up more and more names, members of Congress also have questioned the elasticity of Bush's definitions for words like terrorist "affiliates," used to justify wiretapping Americans allegedly in contact with such people or entities. During the Senate Judiciary Committee's hearing on the wiretap program, Sen. Dianne Feinstein, D-California, complained that the House and Senate Intelligence Committees "have not been briefed on the scope and nature of the program." Feinstein added that, therefore, the committees "have not been able to explore what is a link or an affiliate to al-Qaeda or what minimization procedures (for purging the names of innocent people) are in place." The combination of the Bush administration's expansive reading of its own power and its insistence on extraordinary secrecy has raised the alarm of civil libertarians when contemplating how far the Pentagon might go in involving itself in domestic matters. A Defense Department document, entitled the "Strategy for Homeland Defense and Civil Support," has set out a military strategy against terrorism that envisions an "active, layered defense" both inside and outside US territory. In the document, the Pentagon pledges to "transform US military forces to execute homeland defense missions in the ... US homeland." The Pentagon strategy paper calls for increased military reconnaissance and surveillance to "defeat potential challengers before they threaten the United States." The plan "maximizes threat awareness and seizes the initiative from those who would harm us." But there are concerns over how the Pentagon judges "threats" and who falls under the category "those who would harm us." A Pentagon official said the Counterintelligence Field Activity's TALON program has amassed files on antiwar protesters. In December 2005, NBC News revealed the existence of a secret 400-page Pentagon document listing 1,500 "suspicious incidents" over a 10-month period, including dozens of small antiwar demonstrations that were classified as a "threat." The Defense Department also might be moving toward legitimizing the use of propaganda domestically, as part of its overall war strategy. A secret Pentagon "Information Operations Roadmap," approved by Rumsfeld in October 2003, calls for "full spectrum" information operations and notes that "information intended for foreign audiences, including public diplomacy and PSYOP, increasingly is consumed by our domestic audience and vice-versa." "PSYOPS messages will often be replayed by the news media for much larger audiences, including the American public," the document states. The Pentagon argues, however, that "the distinction between foreign and domestic audiences becomes more a question of USG [US government] intent rather than information dissemination practices." It calls for "boundaries" between information operations abroad and the news media at home, but does not outline any corresponding limits on PSYOP campaigns. Similar to the distinction the Pentagon draws between "collecting" and "receiving" intelligence on US citizens, the Information Operations Roadmap argues that as long as the American public is not intentionally "targeted," any PSYOP propaganda consumed by the American public is acceptable. The Pentagon plan also includes a strategy for taking over the Internet and controlling the flow of information, viewing the Web as a potential military adversary. The "roadmap" speaks of "fighting the net," and implies that the Internet is the equivalent of "an enemy weapons system." In a speech on Feb. 17 to the Council on Foreign Relations, Rumsfeld elaborated on the administration's perception that the battle over information would be a crucial front in the War on Terror, or as Rumsfeld calls it, the Long War. "Let there be no doubt, the longer it takes to put a strategic communication framework into place, the more we can be certain that the vacuum will be filled by the enemy and by news informers that most assuredly will not paint an accurate picture of what is actually taking place," Rumsfeld said. The Department of Homeland Security also has demonstrated a tendency to deploy military operatives to deal with domestic crises. In the wake of Hurricane Katrina, the department dispatched "heavily armed paramilitary mercenaries from the Blackwater private security firm, infamous for their work in Iraq, (and had them) openly patrolling the streets of New Orleans," reported journalists Jeremy Scahill and Daniela Crespo on Sept. 10, 2005. Noting the reputation of the Blackwater mercenaries as "some of the most feared professional killers in the world," Scahill and Crespo said Blackwater's presence in New Orleans "raises alarming questions about why the government would allow men trained to kill with impunity in places like Iraq and Afghanistan to operate here." US Battlefield In the view of some civil libertarians, a form of martial law already exists in the United States and has been in place since shortly after the 9/11 attacks when Bush issued Military Order No. 1 which empowered him to detain any non-citizen as an international terrorist or enemy combatant. "The President decided that he was no longer running the country as a civilian President," wrote civil rights attorney Michael Ratner in the book Guantanamo: What the World Should Know. "He issued a military order giving himself the power to run the country as a general." For any American citizen suspected of collaborating with terrorists, Bush also revealed what's in store. In May 2002, the FBI arrested US citizen Jose Padilla in Chicago on suspicion that he might be an al-Qaeda operative planning an attack. Rather than bring criminal charges, Bush designated Padilla an "enemy combatant" and had him imprisoned indefinitely without benefit of due process. After three years, the administration finally brought charges against Padilla, in order to avoid a Supreme Court showdown the White House might have lost. But since the Court was not able to rule on the Padilla case, the administration's arguments have not been formally repudiated. Indeed, despite filing charges against Padilla, the White House still asserts the right to detain US citizens without charges as enemy combatants. This claimed authority is based on the assertion that the United States is at war and the American homeland is part of the battlefield. "In the war against terrorists of global reach, as the Nation learned all too well on Sept. 11, 2001, the territory of the United States is part of the battlefield," Bush's lawyers argued in briefs to the federal courts. [Washington Post, July 19, 2005] Given Bush's now open assertions that he is using his "plenary" - or unlimited - powers as Commander in Chief for the duration of the indefinite War on Terror, Americans can no longer trust that their constitutional rights protect them from government actions. As former Vice President Al Gore asked after recounting a litany of sweeping powers that Bush has asserted to fight the War on Terror, "Can it be true that any President really has such powers under our Constitution? If the answer is 'yes,' then under the theory by which these acts are committed, are there any acts that can on their face be prohibited?" In such extraordinary circumstances, the American people might legitimately ask exactly what the Bush administration means by the "rapid development of new programs," which might require the construction of a new network of detention camps. --end-cut--

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08 Mar '06

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wars of attrition
by coderman 08 Mar '06

08 Mar '06

hey, at least the cypherpunks aren't mentioned! *grin* [small blessings for a nearly defunct and moribund list perhaps...] let's get this thought crime party started! favorite quote: """ I turned the letter over to my lawyer and told him to send the following message to the feds: Fuck you. Strong letter to follow. """ (so how much of this is actually documented and blatantly intimidating versus journalistic 'emphasis' with passion?) ---cut--- http://www.capitolhillblue.com/blog/2006/03/bush_declares_war_on_freedom_o.… Bush declares war on freedom of the press March 6, 2006 07:44 AM / The Rant . By DOUG THOMPSON Using many of the questionable surveillance and monitoring techniques that brought both questions and criticism to his administration, President George W. Bush has launched a war against reporters who write stories unfavorable to his actions and is planning to prosecute journalists to make examples of them in his "war on terrorism." Bush recently directed Attorney General Alberto Gonzales to use "whatever means at your disposal" to wiretap, follow, harass and investigate journalists who have published stories about the administration's illegal use of warrantless wiretaps, use of faulty intelligence and anything else he deems "detrimental to the war on terror." Reporters for The New York Times, which along with Capitol Hill Blue revealed use of the National Security Agency to monitor phone calls and emails of Americans, say FBI agents have interviewed them and criminal prosecutors at the Justice Department admit they are laying "the groundwork for a grand jury that could lead to criminal charges," CIA Director Porter Goss told Congress recently that "it is my aim and it is my hope that we will witness a grand jury investigation with reporters present being asked to reveal who is leaking this information. I believe the safety of this nation and the people of this country deserve nothing less." As part of the investigation, the Justice Department, Department of Homeland Security and the National Security Agency are wiretapping reporters' phones, following journalists on a daily basis, searching their homes and offices under a USA Patriot Act provision that allows "secret and undisclosed searches" and pouring over financial and travel records of hundreds of Washington-based reporters. Spokesmen for the Justice Department and Department of Homeland Security admit there are "ongoing investigations" regarding publication of stories "involving threats to national security" but will not reveal what those investigations include. In addition to using the USA Patriot Act to pry into the lives of journalists, the Justice Department has also dusted off a pre-World War I law to prosecute people who receive classified information, although the law was aimed at military personnel not civilians. "This is the first administration that I can remember, including Nixon's, that said we need to think about a law that would put journalists who print national security things up in front of grand juries and put them in jail if they don't reveal their sources," says David Gergen, who served as President Regan's director of communication and also worked in the Nixon and Ford White Houses. Political scientist George Harleigh, who worked in the Nixon administration, says such use of federal law enforcement authority was illegal when Nixon tried it and still so today. "We're talking about a basic violation of the Constitutional guarantee of a free press as well as a violation of the rights of privacy of American citizens," Harleigh says. "I had hoped we would have learned our lessons from the Nixon era. Sadly, it appears we have not." In recent weeks, the FBI has issued hundreds of "National Security Letters," directing employers, banks, credit card companies, libraries and other entities to turn over records on reporters. Under the USA Patriot Act, those who must turn over the records are also prohibited from revealing they have done so to the subject of the federal probes. "The significance of this cannot be overstated," says prominent New York litigator Glenn Greenwald. "In essence, while the President sits in the White House undisturbed after proudly announcing that he has been breaking the law and will continue to do so, his slavish political appointees at the Justice Department are using the mammoth law enforcement powers of the federal government to find and criminally prosecute those who brought this illegal conduct to light. "This flamboyant use of the forces of criminal prosecution to threaten whistle-blowers and intimidate journalists are nothing more than the naked tactics of street thugs and authoritarian juntas." Just how widespread, and uncontrolled, this latest government assault has become hit close to home last week when one of the FBI's National Security Letters arrived at the company that hosts the servers for this web site, Capitol Hill Blue. The letter demanded traffic data, payment records and other information about the web site along with information on me, the publisher. Now that's a problem. I own the company that hosts Capitol Hill Blue. So, in effect, the feds want me to turn over information on myself and not tell myself that I'm doing it. You'd think they'd know better. I turned the letter over to my lawyer and told him to send the following message to the feds: Fuck you. Strong letter to follow. ---end-cut---

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08 Mar '06

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