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Libertarians Cheer New “Surveillance State Repeal Act”

in Liberator Online 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.”

Libertarian Party Response to President Obama’s State of the Union Address: Why Not Peace, Liberty and Abundance for All?

in Liberator Online by James W. Harris Comments are off

(From the Activist Ammunition section in Volume 20, No. 3 of the Liberator Online. Subscribe here!)

Immediately after President Obama’s State of the Union address and the Republican response, America’s third-largest political party, the Libertarian Party, weighed in with their take, offering a ringing pro-liberty alternative to the Big Government agendas of the two older parties.

The mass media declined to carry it, but don’t let that stop you from encountering a genuine libertarian State of the Union address. It was delivered by Arvin Vohra, vice chair of the Libertarian National Committee. You can see and read the entire response here.

Some highlights:

On education: 

“Mr. President, we can have world-class education. The first step is defunding and eliminating the federal Department of Education, abolishing Common Core, and allowing parents to take full control over their children’s education. Free-market competition will raise educational standards, lower costs, and prepare students to compete in a global economy.”

On ending the income tax: 

“Here’s how we really grow the economy and create jobs: dramatically cut taxes and government spending. Libertarian candidates have pledged to sponsor legislation to cut federal spending to 1998 levels and eliminate the income tax. That means that you keep the money you earn, and spend it how you see fit: on charities and the arts, science research, education, and the health care of your choice.

“Eliminating the income tax also defunds government’s ability to infringe on our privacy, to create enemies through needless wars, and to imprison our fellow citizens for victimless crimes.”

On ending the War on Drugs:

“Mr. President, so many of your supporters have begged you to defund and end the War on Drugs, but you have refused their pleas. Drug prohibition separates families, fosters violence, and destroys communities. You can end the War on Drugs today, by doing what so many Libertarian gubernatorial and presidential candidates have pledged to do: pardon all nonviolent drug offenders.

“Libertarian candidates have pledged to completely end the War on Drugs, and thereby eliminate the black market profits that fund violent cartels. Ending the Drug War will make our streets safer, and people will no longer have to fear incarceration if they seek help overcoming an addiction.”

On online privacy: 

“Americans should be able to use their computers and phones without fear of anyone listening in or recording their communications through mass surveillance. … To protect privacy, Libertarian candidates have pledged to defund the NSA’s mass surveillance program, repeal the Patriot Act, and massively downsize and consolidate redundant spy agencies.”

On war, military spending, and foreign intervention: 

“Mr. President, your party and the Republican Party are damaging lives here and abroad through misuse and overuse of the military. Libertarian candidates have pledged to sponsor legislation to end all foreign military operations, shut down needless foreign bases, cut military spending by at least 60 percent, and bring our troops home.

“Even after those spending cuts, we will still outspend both Russia and China combined. We will also be safer, because our military will be focused on defense. We will stop creating enemies through unwarranted military intrusions.”

On ending Obamacare:

“Republicans have talked about repealing and replacing Obamacare. With what? Romneycare? That will continue to damage businesses and make health care worse. When Republicans controlled the House, they had the chance to defund Obamacare. They refused.

“Libertarian candidates have pledged to completely repeal Obamacare along with the many laws that stand in the way of low-cost, high-quality health care. Providers will compete for customers by lowering costs and increasing quality.

“To help people in need, Libertarian candidates will make charitable hospitals legal. Doctors should not have to leave our borders to be able to offer free care.”

On the need for the Libertarian Party:

“We need to massively downsize and defund the federal government. But Republican and Democratic politicians only want to make it bigger. Get involved with the Libertarian Party in your state by going to LP.org, and by voting Libertarian.”

Libertarian Party: Shut Down CIA, Prosecute Torturers

in Communicating Liberty by James W. Harris Comments are off

(From the Activist Ammunition section in Volume 19, No. 24 of the Liberator Online. Subscribe here!)

The Libertarian Party says there’s only one way to deal with the new revelations of CIA torture and the tortureagency’s long history of other crimes: shut down the CIA and other rogue, out-of-control spy agencies.

Says Libertarian National Committee Chair Nicholas J. Sarwark:

“The CIA’s practice of torture confirmed by the Senate Intelligence Report released on December 9 shows the agency engaged in reprehensible and illegal behaviors that were, in effect, war crimes.

“The CIA and politicians redacted the bulk of the government’s report, which remains withheld from public view. One can only speculate as to the additional horrors that lie within the rest of the report, given the gravity of what was revealed.

“These acts of torture were immoral, disgusting, and un-American. And… they were ineffective.

“Yet the CIA and the Department of Justice, which sanctioned the torture, claim that it was legal and exhibit a shocking lack of remorse for the brutality inflicted on its victims.

“Whether it’s choking a man to death for selling loose cigarettes in New York or torturing prisoners at Guantanamo Bay, the government refuses to prosecute government employees who brutalize the vulnerable. When the government investigates itself, it almost always clears itself of any wrongdoing.

“This is why we must shut down the CIA.”

Sarwark points out that the 70-year history of the CIA is ” littered with episodes of human rights violations, illegal activities, and deception,” including:

  • Targeted killings and assassinations
  • Overthrowing democratically elected governments
  • Human experimentation, including giving the hallucinogenic drug LSD to U.S. and Canadian citizens without their knowledge
  • Dealing heroin in Asia
  • Spying on Americans, members of congress, and foreign leaders
  • Shipping war prisoners to foreign countries where torture is permissible (“extraordinary rendition”)
  • Lying to Congress

“Government-sanctioned torture is bipartisan,” Sarwark adds, noting that Republican President George W. Bush authorized the torture revealed in the Senate report, and President Barack Obama granted him full immunity. Torturers still hold high positions in government.

“Famed journalist Glenn Greenwald said ‘The Obama administration’s aggressive, full-scale whitewashing of the ‘War on Terror’ crimes committed by Bush officials is now complete.’

“Whereas Democrats and Republicans have continually funded and encouraged CIA war crimes, the Libertarian Party has consistently and strongly opposed the use of torture, mass surveillance, and human rights violations by the U.S. government throughout the party’s 43-year history.

“The Libertarian Party calls for real accountability, including prosecuting all of those who authorized and performed these brutal acts.”

Online Liberty Campaign: “Reset The Net” on June 5, 2014

in Liberator Online by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 8 of the Liberator Online. Subscribe here!)

Sick of government surveillance spoiling the freedom and fun of the Internet?

Reset The NetYou’re not alone. And now there’s something you can do about it.

On June 5th, 2014 — the anniversary of the first NSA surveillance story revealed by whistleblower Edward Snowden — a worldwide coalition of tens of thousands of Internet users, companies and organizations is pledging to “Reset The Net.”

Reset The Net is a day of global action to secure and encrypt the web to shut out the government’s mass surveillance capabilities. Tens of thousands of Internet activists, companies and organizations — from across the political spectrum and across the technology industry — have committed to preserve free speech and basic rights on the Internet by taking simple steps to shut off the government’s mass surveillance capabilities. And you can join them.

Participating organizations, sites and companies include the Libertarian Party, Fight For The Future (who initiated the campaign), reddit, CREDO Mobile, Namecheap, Imgur, Greenpeace, FireDogLake, Thunderclap, DuckDuckGo, Disconnect.Me, Demand Progress, Access, Free Press, Restore the Fourth, AIDS Policy Project, PolitiHacks, OpenMedia, Free Software Foundation, Bill of Rights Defense Committee, Code Pink, Popular Resistance, Participatory Politics Foundation, BoingBoing, Public Knowledge, Amicus, New America Foundation’s Open Technology Institute, Progressive Change Campaign Committee, Student Net Alliance, and the Center for Democracy and Technology.

These and other organizations will participate by publicizing the effort and by improving their own security and/or promoting privacy tools to their followers.

Individual Internet users can act with Reset The Net in several important ways. They can get and install a free “privacy pack” of safe open-source software tools that make end-to-end encryption easy, as well as learning other ways to secure their online life against intrusive surveillance. Information on how to do this will be available from Reset The Net.

Individuals are also invited to sign a petition supporting online freedom and pledging to participate in the campaign. So far nearly 20,000 people have done so. Reset The Net hopes to have at least 50,000 signatures by the June 5 kick-off date.

Reset The Net will offer supporters a splash screen they can run at their web sites on June 5. These screens will potentially reach millions with a call for privacy and a link to the privacy tools pack.

Twitter users can join the #ResetTheNet Twitter brigade to further publicize the idea. Still more suggestions are at the Reset The Net website.

“The NSA is exploiting weak links in Internet security to spy on the entire world, twisting the Internet we love into something it was never meant to be,” says Reset The Net. “We can’t stop targeted attacks, but we can stop mass surveillance, by building proven security into the everyday Internet.”

For more information watch the short ResetTheNet.org campaign video and visit ResetTheNet.org.

“The Libertarian Party enthusiastically joins Reset the Net,” said Carla Howell, Political Director for the Libertarian National Committee. “Over thirty Libertarian candidates running for federal office this year have pledged to shut down the NSA and invite Edward Snowden to return home a free man. He should be granted an immediate presidential pardon, awarded the American Medal of Freedom, and applauded for blowing the whistle on the NSA’s abuse of the Constitution.”

“Freedom to be yourself is everything. No government can take that away from us, so we’re going to use the power we have to take it back,” said Tiffiniy Cheng, co-founder of Fight for the Future. “Now that we know how mass surveillance works, we know how to stop it. That’s why people all over the world are going to work together to use encryption everywhere and make it too hard for any government to conduct mass surveillance. There are moments in history where people and organizations must choose whether to stand on the side of freedom or tyranny. On June 5th, the Internet will show which side it’s on.”

THEY SAID IT…

in Drugs, Healthcare, Liberator Online, 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.

They Said It…

in Liberator Online by James W. Harris Comments are off

SECRETIVE US SPECIAL OP FORCES DEPLOYED WORLDWIDE: “A review of open-source information reveals that in 2012 and 2013, US Special Operations forces (SOF) were likely deployed to — or training, advising or operating with the personnel of — more than 100 foreign countries. And that’s probably an undercount. In 2011, then-SOCOM spokesman Colonel Tim Nye told TomDispatch that Special Operations personnel were annually sent to 120 countries around the world. They were in, that is, about 60 percent of the nations on the planet. … SOCOM is weaving a complex web of alliances with government agencies at home and militaries abroad to ensure that it’s at the center of every conceivable global hot spot and power center. In fact, Special Operations Command has turned the planet into a giant battlefield…” — award-winning journalist Nick Turse, “Why Are US Special Operations Forces Deployed in Over 100 Countries? That’s over 60 percent of the nations on the planet,” The Nation, January 7, 2014.

JUDGE: FOUNDERS WOULD BE “AGHAST” AT NSA: “[N]o court has ever recognized a special need sufficient to justify continuous, daily searches of virtually every American citizen without any particularized suspicion. … I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power,’ would be aghast.” — from U.S. District Court Judge Richard Leon‘s Dec. 16 ruling that the National Security Agency’s bulk collection of phone records was “almost certainly” unconstitutional. The issue seems headed to the Supreme Court.

SNOWDEN JUSTIFIED: “I acted on mybelief that the NSA’s mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts. Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.” — NSA whistleblower Edward Snowden reacting to U.S. District Court Judge Richard Leon’s Dec. 16 ruling (above).

OUR UNCONSTITUTIONAL GOVERNMENT: “Article I, Section 8 of our Constitution lists the activities for which Congress is authorized to tax and spend. Nowhere on that list is there authority for Congress to tax and spend for: Medicare, Social Security, public education, farm subsidies, bank and business bailouts, food stamps and thousands of other activities that account for roughly two-thirds of the federal budget. Neither is there authority for congressional mandates to citizens about what type of health insurance they must purchase, how states and people may use their land, the speed at which they can drive, whether a library has wheelchair ramps, and the gallons of water used per toilet flush. The list of congressional violations of both the letter and spirit of the Constitution is virtually without end. Our derelict Supreme Court has given Congress sanction to do just about anything for which they can muster a majority vote.” — economist and syndicated columnist Walter Williams, “Parting Company,” Jan. 1, 2014.

JAY LENO STONES CONGRESS:  “In defending the budget deal, Congressman Paul Ryan quoted the Rolling Stones and said, ‘You can’t always get what you want.’ When it comes to Congress, here’s a better Stones quote: ‘Can’t get no satisfaction.’ How about that?” — Jay Leno Dec. 13, 2013.