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Libertarians Cheer New “Surveillance State Repeal Act”

in Liberator Online Archives by James W. Harris Comments are off

(From the Activist Ammunition section in Volume 20, No. 12 of the Liberator Online. Subscribe here!)

Two congressmen have introduced bold bipartisan legislation that will fully repeal the police-state 2001 U.S. PATRIOT Act and substantially roll back the U.S. surveillance state that has metastasized in recent years.

Repeal the Surveillance StateThe Surveillance State Repeal Act (H.R. 1466) was introduced on March 24 by Reps. Mark Pocan (D-WI) and Thomas Massie (R-KY), and it offers a great opportunity for Americans to restore lost liberty and privacy in one swoop.

“The warrantless collection of millions of personal communications from innocent Americans is a direct violation of our constitutional right to privacy,” said Rep. Pocan. “Revelations about the NSA’s programs reveal the extraordinary extent to which the program has invaded Americans’ privacy.

“I reject the notion that we must sacrifice liberty for security — we can live in a secure nation which also upholds a strong commitment to civil liberties. This legislation ends the NSA’s dragnet surveillance practices, while putting provisions in place to protect the privacy of American citizens through real and lasting change.”

“The Patriot Act contains many provisions that violate the Fourth Amendment and have led to a dramatic expansion of our domestic surveillance state,” said Rep. Massie. “Our Founding Fathers fought and died to stop the kind of warrantless spying and searches that the Patriot Act and the FISA Amendments Act authorize. It is long past time to repeal the Patriot Act and reassert the constitutional rights of all Americans.”

Libertarians and other defenders of civil liberties have cheered the bill.

The Surveillance State Repeal Act will:

  1. Repeal the 2001 U.S. PATRIOT Act, which among other things contains the telephone metadata harvesting provision by which the NSA has justified collecting phone information on millions of Americans.
  2. Repeal the FISA Amendments Act (which contains the email harvesting provision), with the exception of the provisions regarding FISA court reporting and WMD intelligence collection.
  3. Protect whistleblowers: Make retaliation against federal national security whistleblowers illegal and provide for the termination of individuals who engage in such retaliation.
  4. Ensure that any FISA collection against a U.S. Person takes place only pursuant to a valid warrant based on probable cause (which was the original FISA standard from 1978 to 2001).
  5. Retain the ability for government surveillance capabilities to be targeted against a specific natural person, regardless of the type of communications method(s) or device(s) being used by the subject of the surveillance.
  6. Retain provisions in current law dealing with the acquisition of intelligence information involving weapons of mass destruction from entities not composed primarily of U.S. Persons.
  7. Prohibit the government from mandating that electronic device or software manufacturers build in so-called “back doors” to allow the government to bypass encryption or other privacy technology built into said hardware and/or software.
  8. Increase the terms of judges on the Foreign Intelligence Surveillance Court (FISC) from seven to ten years and allows their reappointment.
  9. Mandate that the FISC utilize technologically competent Special Masters (technical and legal experts) to help determine the veracity of government claims about privacy, minimization and collection capabilities employed by the U.S. government in FISA applications.
  10. Mandate that the Government Accountability Office (GAO) regularly monitor such domestic surveillance programs for compliance with the law, including responding to Member requests for investigations and whistleblower complaints of wrongdoing.
  11. Explicitly ban the use of Executive Order 12333 as a way of collecting bulk data, which pertains to the collection and storage of communications by U.S. Persons.

Make no mistake: The bill faces an uphill battle in Congress. FreedomWorks chair Matt Kibbe called upon its 6.9 million members to fight for the bill, and created a web page where supporters of the bill can easily email this message to their representatives.

Libertarian Party chair Nicholas Sarwark called on all Americans who love liberty to create a grassroots campaign to support the Surveillance State Repeal Act, to contact their congressmen and women and urge them to support H.R. 1466, and to spread this message through social media and whatever other means possible.

In fact, Sarwick’s only complaint was that the bill, sweeping though it is, doesn’t go far enough.

“The Libertarian Party would like to see all aspects of government mass surveillance ended, including complete elimination of the secret FISA court whose work issuing warrants for terrorist and criminal suspects can be easily assumed by existing federal courts,” said Sarwark. “But this bill is a good first step.”

Joe Biden: Impeach the President If He Goes to War Without Congressional Approval

in Elections and Politics, Foreign Policy, Liberator Online Archives, War by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 15 of the Liberator Online. Subscribe here!)

Joe BidenIn a bold move, U.S. Vice President Joe Biden has declared it would be unconstitutional for the president to go to war without consulting Congress.

Further, Biden has pledged to demand the president’s impeachment should he do so.

Said Biden: “I want to make it clear and I made it clear to the president, if he takes this nation to war… without congressional approval — I will make it my business to impeach him.”

The vice president — who has taught constitutional law at the university level — elaborated on his views in this statement: “It is precisely because the consequences of war — intended or otherwise — can be so profound and complicated that our Founding Fathers vested in Congress, not the President, the power to initiate war, except to repel an imminent attack on the United States or its citizens. They reasoned that requiring the President to come to Congress first would slow things down… allow for more careful decision making before sending Americans to fight and die… and ensure broader public support.

“The Founding Fathers were, as in most things, profoundly right. That’s why I want to be very clear: if the President takes us to war… without Congressional approval, I will call for his impeachment.

“I do not say this lightly or to be provocative. I am dead serious. I have chaired the Senate Judiciary Committee. I still teach constitutional law. I’ve consulted with some of our leading constitutional scholars. The Constitution is clear. And so am I.

“I’m saying this now to put the administration on notice and hopefully to deter the President from taking unilateral action in the last year of his administration. If war is warranted with a nation of 70 million people, it warrants coming to Congress and the American people first. ”

The only problem… those remarks were made in 2007 and 2008. When Biden was running for president. Before he was elected vice president of the U.S.

For that matter, then-Senator Barack Obama agreed with him. In 2008 Obama told the Boston Globe: “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”

Funny how being in the White House changes things.

(Hat tip to Andrew Kaczynski, BuzzFeed.com)

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THEY SAID IT…

in Drugs, Healthcare, Liberator Online Archives, Victimless Crime by James W. Harris Comments are off


JAY LENO’S LAST STAB AT OBAMACARE:
 “And the worst thing about losing this job, I’m no longer covered by NBC. I have to sign up for Obamacare!” — Jay Leno on his last day as host of The Tonight Show, Feb. 6, 2014.

RAND PAUL TAKES ON NSA: “The Fourth Amendment states that warrants issued must be specific to a person, place or task and this provision of the Bill of Rights exists explicitly to guard against the notion of a general warrant,where government can plunder through anyone’s privacy at will. The NSA’s metadata collection program is a general warrant for the modern age, reflecting the same kind of tyranny our nation’s founders fought a revolution to make sure would never happen again. … It’s time to trash the NSA’s mass surveillance of Americans, for good.” — Sen. Rand Paul (R-KY), “The NSA is still violating our rights,” The Guardian, Feb. 20, 2014.

THE UNCONSTITUTIONAL WAR ON MARIJUANA: “The truth is that the federal ban on marijuana — unlike the federal ban on alcohol, which began and ended with constitutional amendments — has no basis in the powers granted by the Constitution, at least insofar as it purports to reach purely intrastate activities.” — syndicated columnist Jacob Sullum, “Let 50 Cannabis Flowers Bloom,” Jan. 29, 2014.

YES, THE GOV’T CAN KILL AMERICAN SUSPECTS ON AMERICAN SOIL: “The truth emerged only in 2013 when Senator Rand Paul asked point-blank whether the president could authorize lethal force, such as a drone strike, against an American citizen in the United States. Attorney General Eric Holder fired back that while the question was ‘hypothetical,’ the real-world answer was yes. Holder said he could imagine ‘an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the president to authorize the military to use lethal force within the territory of the United States.’ … They’ve thought about it. They’ve set up the legal manipulations necessary to justify it. The broad, open-ended criteria the president laid out for killing suspected terrorists exposes the post-Constitutional stance our government has already prepared for. All that’s left to do is pull the trigger.” — journalist Peter Van Buren, “How to Build a Post-Constitutional America One Killing at a Time,” February 17, 2014.

WHY TRUST THE GOV’T: “The United States has been lying to its people for more than 50 years, and such lies extend from falsifying the reasons for going to war with Vietnam and Iraq to selling arms to Iran in order to fund the reactionary Nicaraguan Contras. Why should anyone trust a government that has condoned torture, spied on at least 35 world leaders, supports indefinite detention, places bugs in thousands of computers all over the world, kills innocent people with drone attacks, promotes the Post Office to log mail for law enforcement agencies and arbitrarily authorizes targeted assassinations?” — Prof. Henry A. Giroux, “Totalitarian Paranoia in the Post-Orwellian Surveillance State,” Truthout, Feb. 10, 2014.

THE FOUNDERS BETRAYED: “The bottom line is that we’ve betrayed much of the moral vision of our Founding Fathers. In 1794, when Congress appropriated $15,000 for relief of French refugees who had fled from insurrection in San Domingo to Baltimore and Philadelphia, James Madison rose on the floor of the House of Representatives to object, saying, ‘I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.’ Tragically, today’s Americans — Democrat or Republican, liberal or conservative — would hold such a position in contempt and run a politician like Madison out of town on a rail.” — syndicated columnist and economist Walter Williams, “Concealing Evil,” Feb. 19, 2014.