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Guest William Wesley Lee Jarvis returns to the show to discuss "Normal Box Theory" and how it applies to how people, and societies, in identifying the illusion of priorities. What is "thinking in averages?" Why is perception of normality everything? What are counter-processes and fixes? How do we analyze processes of culture relative to box theory? What are the range of consequences of "the law" interfering with "individual will?" NORMAL BOX THEORY. Imagine a typical cardboard box. Now imagine that everything inside of the box is what humanity considers normal and safe. Rather than thinking of a sliding scale of good or bad, the “normal box” plainly communicates what is good and safe as well as what is bad and evil. What's inside of the box is determined by some sort of authority or by majority. The contents of the box are constantly changing - perhaps subtle adjustments, or, as in times of great uncertainty, there might be a substantial change to what is deemed worthy of the box. PROBLEM WITH BOX THEORY. The box is finite. When something is added, something must be removed. Lee suggests that the staunch binary status of box-or-no-box should allow for people to “think in averages” where there are no normal or abnormal or limitations to the box. In Lee's nuanced interpretation, “you just let people be, treating those that harm others as problems once they make problems.” PERCEPTION OF NORMALITY IS EVERYTHING. Lee explains that “people dislike what they think is “different” and go out of their way to be a busy-body to force their perception of normality on others. This is most likely due to simple mental survival mechanisms to thin the herd, it enhances the “bullying nanny” in everyone to report people not wearing masks in their homes, For example, real-live 24/7 thought police and other such nonsense. It can turn adults into kindergartners, because people lose a sense of themselves and their limits. This also enhances culture wars and group conflict, which is very profitable for most of the modern world.” GOVERNMENT COMPETENCY AND THE SOCIAL CONTRACT. It was Thomas Hobbes' book Leviathan, written in 1651, that described the delicate balance between just-enough government and individuals' free will. The book's tenets are clearly evident today as governments have extracted concessions from their citizens for the sake of safety. The most controversial permanent program under the Patriot Act is the "National Security Letters" program, which lets the government demand communications records from telecom companies without even going through the surveillance court for approval first. PEOPLE DON'T QUESTION THE RULES. Lee notes that, “Not only are bad rules made without due diligence, but they are also embraced and cherished by much of the population. It only makes the “Wealth equals Power equals Corruption” dynamic worse as people profit from the conflagration of incompetence which leads to more waste and corruption. In other words, people want to be governed, the government grows, and it becomes too large and cumbersome to be effective. The “box” is stuffed with tangled rules. CHICKEN AND EGG. It's a bit of a chicken and an egg problem, to counter this you need sane and reasonable people in governance, to make laws devoid of proactive discrimination, to focus people on flowing with individual will, to not interfere with the will of another unless another is harming them, and if the situation becomes where one wishes to be harmed by another in some way, then that person in the dominating interpersonal position is responsible for the actions and care of the submissive person, to ensure responsibility is metered out fairly to limit abuse from drugs or any contract or job, to ensure people are innocent until proven guilty, which means if good capable people are in governance then incompetence and corruption would be mitigated. And yes jobs and contracts have their own rules and balanced-out responsibilities. If you handwave away people's basic responsibilities to each other, to do no harm to each other, to ensure a stable environment, then you get what we have now, a legal system that allows any law to be “for your protection” to be enacted and then enforced with punitive measures and opportunities for others to report “non-compliers” because the system is desperate for money to maintain the system.” FOLLOW DR. PERRODIN: Twitter @SafetyPhD and subscribe to The Safety Doc YouTube channel & Apple Podcasts. SAFETY DOC WEBSITE, BLOG & BOOKS: www.safetyphd.com. The Safety Doc Podcast is hosted & produced by David P. Perrodin, PhD. This podcast and blog post represent the opinions of David P. Perrodin and his guests to the show. The content here is for informational purposes only. Please consult with your safety professional regarding the unique needs of yourself or your organization.This is episode 171 of The Safety Doc Podcast published on 03-01-2022. Purchase Dr. Perrodin's Books: School of Errors – Rethinking School Safety in America. www.schooloferrors.com Velocity of Information - Human Thinking During Chaotic Times. www.velocityofinformation.com
The Patriot Act: A law that is still governing us after 20 years despite being almost universally hated. In this episode, we take a close look at the lesser known parts of the Patriot Act that became permanent immediately, examine the status of the few provisions that had to be reauthorized over the years, find out how the law was crafted in the first place, and see what happened to the members of Congress who voted for this rights-destroying legislation. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via PayPal Support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536. Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes CD236: January 6: The Capitol Riot CD235: The Safe Haven of Sanctions Evaders CD160: Equifax Breach CD105: Anthrax CD098: USA Freedom Act: Privatization of the Patriot Act CD048: The Affordable Care Act (Obamacare) Patriot Act Overviews Charles Doyle. April 18, 2002. The USA PATRIOT Act: A Sketch, RS21203.” Congressional Research Service. Charles Doyle. December 10, 2001. Terrorism: Section by Section Analysis of the USA PATRIOT Act, RL31200. Congressional Research Service. Indefinite Detention Anna Mulrine Grobe. October 7, 2021. “Guantanamo: A former prosecutor's solution to an ‘unsolvable problem.'” The Christian Science Monitor. Jessica Corbett. July 22, 2020. “ACLU Says Release of Adham Hassoun Confirms US Government Lacks Power to 'Lock Someone Up Without Due Process.'” Common Dreams. Carol Rosenberg. June 29, 2020. “Judge Rejects U.S. Effort to Hold Palestinian Man After Prison Term.” The New York Times. Nino Guruli. February 24, 2020. “The Unreasonableness of the Citizenship Distinction: Section 412 of the USA PATRIOT Act and Lessons from Abroad.” The University of Chicago Law Review Online. Jennifer K. Elsea and Michael John Garcia. March 14, 2016. Wartime Detention Provisions in Recent Defense Authorization Legislation, R42143 Congressional Research Service. ACLU. December 31, 2011. “President Obama Signs Indefinite Detention Bill Into Law.” ACLU. October 23, 2001. “How the Anti-Terrorism Bill Permits Indefinite Detention of Immigrants.” Credit Reporting Agencies Ken Sweet. October 6, 2017. “Equifax Collects Your Data, and Then Sells It.” Inc. “Experian Revenue.” Craft. “Equifax Revenue 2006-2021| EFX.” Macrotrends. “TransUnion Revenue 2011-2021 | TRU” Macrotrends. 15 U.S. Code § 1681v - Disclosures to governmental agencies for counterterrorism purposes. Cornell Law School Legal Information Institute. Reauthorizations and Expirations Charlie Savage. August 14, 2020. “McConnell Appears Set to Quietly Suffocate Long-Debated F.B.I. Surveillance Bill.” The New York Times. India McKinney and Andrew Crocker. April 16, 2020. “Yes, Section 215 Expired. Now What?” EFF. Charlie Savage. March 27, 2020. “House Departs Without Vote to Extend Expired F.B.I. Spy Tools” The New York Times. Office of the Press Secretary. March 9, 2006. “President Signs USA PATRIOT Improvement and Reauthorization Act.” The White House. Steven M. Martinez. April 21, 2005. “Testimony Before the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security.” archives.fbi.gov Brain Duignan. “USA PATRIOT Act: Reauthorizations.” Britannica. ACLU. “The Sun Also Sets: Understanding the Patriot Act ‘Sunsets.'” Surveillance Charlie Savage. January 22, 2021. “Intelligence Analysts Use U.S. Smartphone Location Data Without Warrants, Memo Says” The New York Times. Charlie Savage. December 3, 2020. “U.S. Used Patriot Act to Gather Logs of Website Visitors” The New Times. Charlie Savage. March 31, 2020. “Problems in F.B.I. Wiretap Applications Go Beyond Trump Aide Surveillance, Review Finds.” The New York Times. Byron Tau and Michelle Hackman. February 7, 2020. “Federal Agencies Use Cellphone Location Data for Immigration Enforcement.” The Wall Street Journal. Charlie Savage. December 11, 2019. “We Just Got a Rare Look at National Security Surveillance. It Was Ugly.” The New York Times. Sharon Bradford Franklin. July 25, 2018. “Carpenter and the End of Bulk Surveillance of Americans.” Lawfare. Adam Liptak. June 22, 2018. “In Ruling on Cellphone Location Data, Supreme Court Makes Statement on Digital Privacy.” The New York Times. International Impact Commission on Security and Cooperation in Europe Bill Weinberg. June 15, 2018. “USA PATRIOT Act Threatens Uruguay Banks Over Legal Cannabis System.” Cannabis Now. Bills and Laws The Patriot Act United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) of 2001 House Vote Senate Vote Law Outline TITLE I: ENHANCING DOMESTIC SECURITY AGAINST TERRORISM Sec. 106: Presidential Authority Expanded the authority of the President to "investigate, regulate, or prohibit" financial transactions to include "any person, or with respect to any property, subject to the jurisdiction of the United States." Expanded the authority of the President to block transactions and property of "any person, or with respect to any property, subject to the jurisdiction of the United States" "during the pendency of an investigation". Expands the authority of the President to confiscate property "of any foreign person, foreign organization, or foreign country" when the US has been "attacked by a foreign country or foreign nationals" and the President can then decide what to do with that property "for the benefit of the United States." These provisions remain in current law as of 10/18/21 TITLE II: ENHANCED SURVEILLANCE PROCEDURES Sec. 201: Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism Expands the list of suspected actions that can justify the Attorney General and some subordinates obtaining judicial permission for wiretaps (a list that has since been expanded further) to include terrorism related crimes. Sec. 203: Authority to Share Criminal Investigate Information Allows grand jury information to be shared with "any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official" if the matter involves "foreign intelligence or counterintelligence" The government official who receives the information has to notify the court that it got the information, but that notification can be in secret and they have to submit it "within a reasonable time after such disclosure", which is not defined. The government official who receives the information is authorized to share it with "any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official" if it includes "foreign intelligence or counterintelligence" The procedures for sharing the information was left up to the Attorney General to decide. Sec. 205: Employment of Translators by the Federal Bureau of Investigation Authorizes the FBI to speed up the hiring of translators Sec. 206: Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978 If a person is a "foreign power or an agent of a foreign power", the government can authorize wiretapping a "common carrier, landlord, custodian, or other specified person" if the court finds that the target is using communications that "may have the effect of thwarting the identification" of the target. Sec. 207: Duration of FISA Surveillance of Non-United States Persons Who Are Agents of a Foreign Power The warrants can be issued for up to 120 days fi they are for targeting individuals and can be for up to a year if targeting a "foreign power" Sec. 209: Seizure of Voicemail Messages Pursuant to Warrants Allows the government to seize the contents of voicemails using a warrant instead of a surveillance order, which is a faster method for authorization. Sec. 210: Scope of Subpoenas For Records of Electronic Communications Expands the information that can be subpoenaed from telecom companies to include connection records, records of call times and duration, types of services used, telephone numbers, IP addresses, and method of payments included credit card or bank account numbers. This provision had no sunset. Sec. 212: Emergency Disclosure of Electronic Communications to Protect Life and Limb Allows the telecom companies to provide customer data to the government if it "reasonably believes that an emergency involving immediate danger of death or serous physical injury to any person requires disclosure of the information with delay" Allows the telecom companies to provide customer data "to any person other than a governmental entity" Allows the government to require a telecom company to disclose customer records, which was previously an option decided by the telecoms. Sec. 213: Authority for Delaying Notice of the Execution of a Warrant Allows the government to delay notifying their target about a warrant if they court finds that the notification "may have an adverse result" such as an individual fleeing prosecution, endangerment of someone's life, tampering with evidence, witness intimidation, or jeopardizing the investigation. This provision allowed "sneak and peek" warrants, which allowed the government to secretly enter - physically or electronically - a target's property to search, take pictures, copy documents, download files, etc. as long as they didn't take any property with them. This provision had no sunset. Sec. 214: Pen Register and Trap and Trace Authority Under FISA Eliminates the requirements that trace devices only be applied to devices and facilities used by foreign persons, so that now they can be used on devices belonging to US citizens so long as the devices are likely to provide information related to a foreign intelligence investigation. Sec. 215: Access to Records and Other items under the Foreign Intelligence Surveillance Act Authorizes the FBI to order "the production of any tangible items" for their investigations into international terrorism, as long as the investigation of a US citizen or company is "not conducted solely upon the basis of activities protected by the first amendment to the Constitution." The entity turning over the property can not tell anyone that they gave the FBI whatever they requested or tell anyone about the investigation's existence, and in return, the entity that produced the items "shall not be liable to any other person for such production." Sec. 216: Modification of Authorities Relating to Use of Pen Registers and Trap and Trace Devices Requires that the court "shall" authorize the installation of trace devices "anywhere within the United States" if the court finds that the government has shown that the information likely obtained from the devices "is relevant to an ongoing criminal investigation." The order "shall apply to any personal or entity providing wire or electronic communication services in the United states" A record must be kept of which officers installed the device, the date and time it was installed and uninstalled, the date, times, and durations that the device is accessed for information, and the information collected from the device. The record must be provided to the court "under seal" within 30 days "after termination of the order". There was no sunset for this provision. Sec. 217: Interception of Computer Trespasser Communications Allows companies to voluntarily request law enforcement monitoring of intruders on their networks and authorizes the government to intercept information transmitted by a "computer trespasser" Sec. 219: Single-Jurisdiction Search Warrants for Terrorism Allows judges to issue search warrants outside of the districts where the property to be searched is located. There was no sunset for this provision. Sec. 222: Assistance to Law Enforcement Agencies Requires that companies that help the government install tracing devices authorized by Section 216 on their network be "reasonably compensated for such reasonable expenditures incurred in providing such facilities or assistance." Sec. 223: Civil Liability for Certain Unauthorized Disclosures If a court finds that an employee of the United States has disclosed information collected improperly, the government has to conduct a proceeding to determine if discipline is warranted. Damages can be awarded of at least $10,000 plus litigation costs. Sec. 224: Sunset Sets an expiration date of December 31, 2005 for Sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222. Sec. 225: Immunity for Compliance with FISA Wiretap Provides immunity to anyone who complies with a FISA wiretap, including private and government persons. TITLE III: INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTITERRORIST FINANCING ACT OF 2001 Subtitle A - International Counter Money Laundering and Related Measures Sec. 311: Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern Authorizes the Secretary of the Treasury to require domestic financial institutions to maintain records and file reports, including personally identifiable information, about transactions in a location outside the United States or between foreign financial institutions. Authorizes the Secretary of the Treasury to prohibit or impose conditions upon accounts being opened in domestic financial institutions by people from foreign jurisdictions. Sec. 312: Special Due Diligence for Correspondent Accounts and Private Banking Accounts Requires banks that open accounts for non-US citizens to investigate the background of the account opener or owner for money laundering red flags. Sec. 313: Prohibition on United States Correspondent Accounts With Foreign Shell Banks Prohibits domestic financial institutions from opening or maintaining accounts for a foreign bank that doesn't have a physical presence in any country. Sec. 314: Cooperative Efforts to Deter Money Laundering Orders the Secretary of the Treasury to write regulations that encourage law enforcement and financial institutions to share information about individuals, entities, and organizations, with a specific focus on charitable organizations, non-profit organizations, and nongovernmental organizations. A financial institution that shares information that "may involve terrorist acts or money laundering activities" can not be held liable "under any law or regulation of the United States" or of any state or contract and they can not be held liable for failing to inform their customer that their information was shared. Sec. 315: Inclusion of Foreign Corruption Offenses as Money Laundering Crimes Expands what qualifies as "money laundering" to include "bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of public official" and some smuggling and firearm offenses. Sec. 316: Anti-Terrorist Forfeiture Protection An owner of property that is confiscated under US laws that allow the seizure of assets of suspected international terrorists can contest that confiscation, but the government can use evidence against them to justify the confiscation that is "otherwise inadmissible under the Federal Rules of Evidence" if it finds that "compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States." Sec. 319: Forfeiture of Funds in United States Interbank Accounts If funds are deposited by suspect into an account at a foreign bank that has an account in the United States, the money in that bank's account -up to the amount deposited in the target's account - can be held or seized from the bank's account. If a foreign bank doesn't terminate their relationship with the suspect, that foreign bank can be fined up to $10,000 per day until that relationship is terminated. If a convicted criminal hides their property, the court "shall" order other property up to the value of the missing property to be seized. Sec. 320: Proceeds of Foreign Crimes Expands the government's power to seize property held inside the United States if the property was obtained via felony drug offenses if the offense would be punishable by death or more than one year in prison under the foreign nation's or the US's laws. Sec. 323: Enforcement of Foreign Judgments The government can apply for and the courts can grant restraining orders to hold property that is the subject of investigations being conducted by foreign governments as long as the offense would have been illegal if committed in the United States. No one can object to the restraining order. The defendant is no longer required to have received notice of the proceedings in time to act but instead the foreign court has to "take steps" to notify the defendant. Sec. 326: Verification of Identification The Secretary of the Treasury has to write regulations that require banks to verify the identity of their customers and check a list of suspected terrorists to make sure that those people are not trying to open accounts at their bank. Sec. 328: Criminal Penalties Any official or employee of the US Federal Government, or any one who helps them, commit fraud on the United States "shall be fined in an amount not more than 3 times the monetary equivalent of the thing of value, or imprisoned for not more than 15 years, or both. Subtitle B - Bank Secrecy Act Amendments and Related Improvements Sec. 351: Amendments Relating to Reporting of Suspicious Activities Provides immunity to "any financial institution" that makes a voluntary disclosure of a possible violation of law to a government agency Prohibits the financial institution or anyone in it and the officers and employees of the Federal Government from notifying the customer that their suspicious transaction has been reported to the government. Sec. 355: Authorization to Include Suspicions of Illegal Activity in Written Employment References Authorizes employees of "any insured depository institution" (which includes "any uninsured branch or agency of a foreign bank") to "disclose in any written employment reference" of a current or former employee information about "the possible involvement" of that person in "potentially unlawful activity." If the information is shared "with malicious intent", the institution sharing the information can be sued. Sec. 358: Bank Secrecy Provisions and Activities of United States Intelligence Agencies to Fight International Terrorism Consumer reporting agencies "shall furnish a consumer report of a consumer and all other information in a consumer's file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary" for the agency's investigation. The consumer reporting agency is not allowed to tell the consumer that the government requested the information or that the government received it. Provides immunity for a consumer reporting agency that complies with the government request. Sec. 361: Financial Crimes Enforcement Network Transforms the Financial Crimes Enforcement Network (FinCEN) into a bureau in the Department of the Treasury. Sec. 363: Increase in Civil and Criminal Penalties for Money Laundering The Secretary of the Treasury may impose civil money penalties equal to or more than 2 times the amount of the transaction but not more than $1 million on any financial institution that violates the money laundering laws and special measures. Sec. 365: Reports Relating to Coins and Currency Received in Non-Financial Trade or Business Requires that any coin or currency transaction that is over $10,000 be reported to FinCEN. The reports must include the name and address of the recipient, the amount, the date and nature of the transaction, and the name of the person filing the report. This does not apply to any transaction if the entire transaction occurs outside of the United States. Subtitle C - Currency Crimes and Protection Sec. 371: Bulk Cash Smuggling Into or Out of the United States Creates the crime of "currency smuggling", which is when someone knowingly conceals more than $10,000 in currency or other monetary instruments on themselves or in their luggage or containers and transports it, or attempts to transport it, into or out of the United States. Punishment: Up to 5 years in prison and forfeiture of the money involved in the smuggling, or an equal amount from the suspect's personal belongings. Sec. 373: Illegal Money Transmitting Businesses Anyone who "knowingly conducts, controls, manages, supervises, directs, or owns all or part of an unlicensed money transmitting business" can be imprisoned for 5 years, fined, or both. Sec. 374: Counterfeiting Domestic Currency and Obligations Expands the definition and punishments for counterfeiting to include analog, digital, and electronic images. Lengthens prison sentences for a range of counterfeiting offenses. Sec. 375: Counterfeiting Foreign Currency and Obligations Dramatically expands prison sentences for counterfeiting foreign currencies from single digit year sentences to 20-25 years. Sec. 376: Laundering the Proceeds of Terrorism Expands the applicability of computer fraud offenses committed outside the United States if they involve devices issued by a company inside the United States, like a credit card, or if the defendant used any property within the United States to commit the crime. TITLE IV: PROTECTING THE BORDER Subtitle A - Protecting the Northern Border Sec. 402: Northern Border Personnel Authorizes unlimited funds to triple the number of border patrol agents, customs agents, and INS inspectors on our northern border along with an additional $50 million to update technology. Sec. 403: Access by the Department of State and the INS to Certain Identifying Information in the Criminal History Records of Visa Applicants and Applicants For Admission to the United States The Attorney General and the FBI will provide criminal history records to the State Department Subtitle B - Enhanced Immigration Provisions Sec. 411: Definitions Relating to Terrorism Adds being a representative of a foreign terrorist organization as designated by the Secretary of State or being a representative of an organization that publicly endorses terrorist activity to the grounds to denial of entry into the United States. If the endorsement of terrorist activity has occurred in the last five years, that person's spouse and children are also barred from entering the United States (this can be waived by the Attorney General if it can be proved that the spouse/children didn't know or has renounced the behavior). Defines "terrorist activity" "To commit or to incite to commit under circumstances indicating an intention to cause death or serious bodily injury To gather information on potential targets for terrorist activity To solicit funds or other things of value for a terrorist activity, a terrorist organization (unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity). To solicit any individual to engage in terrorist activity or membership in a terrorist organization (unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity). To commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training for the commission of a terrorist activity, to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity, or to a terrorist organization (unless the actor can demonstrate that he did not know, and should not reasonably have known, that the act would further the organization's terrorist activity.) Defines a "terrorist organization" A group designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in "terrorist activity" or that the organization provides material support to further terrorist activity A group of two or more individuals, whether organized or not, which engages in "terrorist activity" Sec. 412: Mandatory Detention of Suspected Terrorists; Habeas Corpus; Judicial Review The Attorney General "may" certify that an "alien" is "engaged in any other activity that endangers the national security of the United States" An alien who is certified "shall" be taken into custody by the Attorney General "The Attorney General shall maintain custody of such an alien until the alien is removed from the United States... such custody shall be maintained irrespective of any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified" If the alien is finally determined to not be removable, detention "shall terminate" but an alien who has not been removed "and whose removal is unlikely in the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person." Judicial review of "any action or decision" relating to this section ("including judicial review of the merits of a determination") is available exclusively in habeas corpus proceedings. Outside of that, "no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision." The habeas corpus proceedings that are allowed may be initiated only by an application filed with the Supreme Court, any circuit judge of the United States Court of Appeals for the District of Columbia, or "any district court otherwise having jurisdiction to entertain it." The final order "shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other circuit court of appeals." Section 413: Multilateral Cooperation Against Terrorists Allows the Secretary of State to share information with other countries about "individual aliens" for the "purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States" Subtitle C - Preservation of Immigration Benefits for Victims of Terrorism Sections 421-428: Provide leniency to immigrants who were either direct victims of 9/11 or whose US citizen spouse or parent died on 9/11. TITLE V: REMOVING OBSTACLES TO INVESTIGATING TERRORISM Sec. 501: Attorney General's Authority to Pay Rewards to Combat Terrorism Allows the Attorney General to offer rewards via public advertisements for assisting the Justice Department to "defend the Nation against terrorist acts" The money can come from "any executive agency or military department" "Neither the failure to of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review" Sec. 502: Secretary of State's Authority to Pay Rewards Allows the Secretary of State to pay rewards - including rewards over $5 million - for "the identification or location of an individual who holds a key leadership position in a terrorist organization" The reward limit has since been increased to $25 million, but higher amounts can be personally authorized by the Secretary of State Rewards up to $100,000 do not need to be approved by the Secretary of State Current law: "A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review" Sec. 504: Coordination With Law Enforcement Allows Federal officers who conduct electronic surveillance or physical searches to coordinate with Federal law enforcement officers to "investigate or protect against" actual or potential attacks, sabotage, or clandestine intelligence activities by agents of a foreign power. Sec. 505: Miscellaneous National Security Authorities Authorizes FBI investigators to collect the name, address, length of service, and toll billing records of telephone, financial records, and consumer reports of US citizens as long as the investigation is "not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States." Allows the FBI to obtain records faster using National Security Letters instead of the previous process where they had to document specific and facts showing that the person is an agent of a foreign power Sec. 507: Disclosure of Educational Records Allows the Attorney General (or high ranking designee) to request a court order for educational records that are relevant to investigations into "an act of domestic or international terrorism" The application to the court "shall certify that there are specific and articulable facts giving reason to believe" that the records will likely contain information related to their terrorism investigation. Provides immunity to educational agencies and institutions that comply with the court orders TITLE VI: PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES Subtitle A - Aid to Families of Public Safety Officers Sec. 613: Public Safety Officers Benefit Program Payment Increase Increases the death or severe disability payment amount from $100,000 to $250,000 Subtitle B - Amendments to the Victims of Crime Act of 1984 Sec. 621: Crime Victims Fund Allocates money specifically to 9/11 victims and ensures that the payments do not count as income in order to reduce any government assistance that victim receives. TITLE VII: INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION Sec. 701: Expansion of Regional Information Sharing System to Facilitate Federal-State-Local Law Enforcement Response Related to Terrorist Attacks Funds new information sharing networks TITLE VIII: STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM Sec. 801: Terrorist Attacks and Other Acts of Violence Against Mass Transportation Systems Sets penalties for attacking mass transportation systems For attacks or plots that don't kill anyone or have passengers on board: Fines and up to 20 years in prison For attacks on vessels carrying at least one passenger or that result in "the death of any person", fines and up to life in prison. Sec. 802: Definition of Domestic Terrorism "The term 'domestic terrorism' means activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; appear to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, or kidnapping; and occur primarily within the territorial jurisdiction of the United States." Current law maintains this definition Sec. 803: Prohibition Against Harboring Terrorists Establishes punishments for anyone who "harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit" a list of terrorism related crimes. They can be fined, sent to prison for up to 10 years, or both. Any Federal judicial district court can prosecuted these offenses. Sec. 804: Jurisdiction Over Crimes Committed at U.S. Facilities Abroad Gives the Federal Government jurisdiction over crimes committed by or against Americans that take place on property used - not necessarily owned - by the United States in foreign countries and in the residences used by United States personnel assigned to foreign missions. Sec. 806: Assets of Terrorist Organizations Subjects to civil forfeiture "all assets, foreign and domestic of any individual, entity, or organization engaged in planning or perpetrating any act of domestic or international terrorism against the United States, citizens or residents of the United States, or their property, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization; acquired or maintained by any person with the intent and for the purpose of supporting, planning, conducting, or concealing an act of domestic or international terrorism... or derived from, involved in, or used or intended to be used to commit any act of domestic or international terrorism..." The language 'any act of domestic or international terrorism' has since be changed to 'any Federal crime of terrorism' Sec. 809: No Statute of Limitation for Certain Terrorism Offenses Exempts terrorism crimes that result in or created a forseeable risk of death or serious bodily injury from an 8 year statute of limitations. Sec. 810: Alternate Maximum Penalties for Terrorism Offenses Increases penalties for crimes Arson prison sentences increase from a maximum of 20 years to a maximum of life Destruction of energy facilities increase from a maximum of 10 years to a maximum of 20 years Arson or energy facility destruction crimes that result in a death can be given life sentences Material support to terrorists and terrorist organization prison sentences increased from a maximum of 10 years to 15 years Material support to terrorists or terrorist organizations that result in a death can be given life sentences Destruction of national defense material crimes and sabotage of nuclear facilities or fuel prison sentences increased from a maximum of 10 years to 20 years Destruction of national defense material crimes and sabotage of nuclear facilities or fuel that result in a death can be given life sentences Damaging or destroying an interstate gas or hazardous liquid pipeline facility crimes prison sentences increased from a maximum 15 years to 20 years Damaging or destroying an interstate gas or hazardous liquid pipeline facility crimes that result in a death can be given life sentences Sec. 811: Penalties for Terrorist Conspiracies Adds people who conspire to commit crimes including arson, killings in Federal facilities, destruction of communications lines, stations, or systems, wrecking trains, material support to terrorists, torture, conspiracy, sabotage of nuclear facilities or fuel, interference with flight crew members and attendants, damaging or destroying an interstate gas or hazardous liquid pipeline facility, and a few others to the list of those who can be punished with fines and prison sentences. Sec. 814: Deterrence and Prevention of Cyberterrorism Increases the penalty for intentionally damaging a federal computer from up to 5 years in prison to up to 10 years in prison (up to 20 years for a repeat offender). Sec. 817: Expansion of the Biological Weapons Statute Establishes a maximum 10 year prison sentence and a fine for anyone who "knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity... that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose." TITLE IX: IMPROVED INTELLIGENCE Sec. 901: Responsibilities of Director of Central Intelligence Regarding Foreign Intelligence Collected Under Foreign Intelligence Surveillance Act of 1978 Because only the President and Attorney General are able to initiate a FISA surveillance order, this provision facilitates information sharing from the Attorney General to the CIA in a way that ensures that the CIA "Director shall have no authority to direct, manage, or undertake electronic surveillance or physical search operations." Sec. 905: Disclosure to Director of Central Intelligence of Foreign Intelligence-Related Information With Respect to Criminal Investigations The Attorney General or the head of "any other department or agency of the Federal Government" with law enforcement responsibilities "shall expeditiously disclose" to the Director of Central Intelligence foreign intelligence gotten in the course of a criminal investigation. TITLE X: MISCELLANEOUS Sec. 1005: First Responders Assistance Act Creates a grant program where the Attorney General will fund States and local governments for hiring additional law enforcement personal dedicated to "intelligence gathering", purchasing spying equipment such as wire-tap, pen links, cameras, and computer hardware/software, protective equipment for patrol officers, and communications operations for improved interoperability among surrounding jurisdictions. Sec. 1007: Authorization of Funds for DEA Police Training in South and Central Asia Authorizes $5 million for fiscal year 2002 for "regional antidrug training in the Republic of Turkey" by the DEA for police and "increased precursor chemical control efforts in the South and Central Asia region." Sec. 1010: Temporary Authority to Contract with Local and State Governments for Performance of Security Functions at United States Military Installations "During the period of time that United States armed forces are engaged in Operation Enduring Freedom and for the period of 180 days thereafter", the Department of Defense is allowed to use their money to contract out security at their military bases in the United States to local and State governments. Sec. 1012: Limitation on Issuance of Hazmat Licenses The Attorney General will complete background checks at the request of the States on people applying for a license to transport hazardous material Sec. 1016: Critical Infrastructure Protection Creates the National Infrastructure Simulation and Analysis Center (NISAC) Hearings House Session - October 23, 2001 Sound Clip Transcripts 1:26:29 Rep. Bobby Scott: First of all, I think it's appropriate to comment on the process by which the bill is coming to us. This is not the bill that was reported and deliberated on in the Judiciary Committee. It came to us late on the floor. No one has really had an opportunity to look at the bill to see what's in it since we've been out of our offices. The report has just come to us. And it would be helpful if we'd wait for some period of time so that we can at least review what we're voting on. But I guess that's not gonna stop us. So here we go. 1:27:26 Rep. Bobby Scott: This bill makes three significant changes. One, it reduces s+tandards for getting a foreign intelligence wiretap from one where it is the reason you're getting it, to it is a significant reason for getting the wiretap, much less. Then you wonder, well, if it's not the primary reason, why are you getting the wiretap? Second, it allows the roving wiretap so once you find a target, if he's using cell phones, for example, you can go and find them wherever he is. And third, you can use the information in a criminal investigation and the combination gives you the situation where there's very little standard, and you can essentially conduct a criminal investigation without probable cause. If you have, for example, a target, who is using cell phones, you get the the wiretap, he uses a payphone, you can listen to anybody using the payphone. If he's in a club or organization, in a business, you can go on you tap the phones there, if he's visiting the democratic national headquarters, maybe you can tap all the phones there. 1:29:47 Rep. Bobby Scott: There are provisions that allow attention under certain circumstances that may be indefinite, we expand the ability of the government to conduct secret searches and so called sneak and peek where you don't tell people they're even being investigated. And you can start targeting domestic organizations, designated domestic groups, as terrorist groups and you can start getting the CIA into designating these groups as targets for criminal investigations. There's a lot in this bill that we have not appropriately considered. And that's why we need more time to think of it because it goes way past terrorism. This is the way you're going to be conducting criminal investigations and therefore the bill ought to be defeated. 1:39:09 Rep. Spencer Bachus: You know, we may not have understood and appreciated the word “terrorism” and what terrorists were before September 11. We certainly do today. We know who they are. We know what they're capable of. We may not have appreciated the need for this legislation before September 11, but surely today, we appreciate the need for this legislation and the urgency of such legislation. 1:44:04 Rep. Sheila Jackson Lee: I'm concerned that the legislation still permits the Attorney General indefinitely to incarcerate or detain non-citizens based on mere suspicion and to deny readmission to the United States of such non-citizens. I'm also concerned that the AG and the Secretary of State have the power to designate domestic terrorists. You might simply be paying dues and be declared part of a terrorist organization. It has widespread investigation of Americans just on the basis of intelligence purposes. It allows searches of highly personal financial records, and allows student records to be searched. I would say this, Mr. Speaker, let us show America's character and bring forth a bill that all of us will find a good balance. We'll review this bill but I hope that we'll vote on a good bill and provide the leadership that we need to lead. 1:46:41 Rep. Marge Roukema: I would like to say to some of the naysayers that complain about the provisions, the question as to whether or not they deny due process or whatever. The question has been asked, Are we endangering the rights and privacy of innocent Americans? The answer is no. But it does give our law enforcement officials the requirements that they need for their careful investigation. It gives our regulators and law enforcement officials what they need to get the job done. 1:52:25 Rep. Zoe Lofgren: I would also like to note, however, that there's been a lot of loose language among people who oppose this bill, and people are perfectly free to disagree with it, but it's important that we not be incorrect about what's actually in the bill. I actually heard someone say that the bill would provide for indefinite incarceration on a mere suspicion by the Attorney General, that's simply not the case. The Attorney General may detain persons but he has to certify and he has to have reasonable reasonable grounds to believe that the individuals have involved in terrorism and that decision is reviewable by a court. So that is really the to say it's a mere suspicion and indefinite is certainly not the case. 2:07:48 Rep. Mel Watt: Some groups in our country have had their rights violated, trampled on, by the law enforcement authorities in this country and so we don't have the luxury of being able to just sit back and give authority, more authority, than is warranted, the authority possibly to abuse due process, to law enforcement, even in the context of what we're going through now. This is a very difficult time. I acknowledge that it is. But I think we are giving the government and law enforcement too much authority in this bill. 2:18:15 Rep. Barney Frank: Mr. Speaker, I don't know how I'm gonna vote on this bill yet, because I have this notion that in a bill of this weight, I ought to read it. So what I want to talk about now is my deep disappointment at the procedure. The gentleman from Wisconsin, the chair of the committee, has fought hard for a fair chance for the members to look at things. But on the whole, his efforts have not been honored. We now, for the second time, are debating on the floor a bill of very profound significance for the constitutional structure and security of our country and in neither case has any member been allowed to offer a single amendment. At no point in the debate in this very profound set of issues, have we had a procedure whereby the most democratic institution in our government, the House of Representatives, engages in democracy. Who decided that to defend democracy we had to degrade it? Who decided that the very openness and participation and debate and weighing of issues, who decided that was a defect at a time of crisis? This is a chance for us to show the world that democracy is a source of strength, that with our military strength and our determination and our unity of purpose goes to continued respect for the profound way in which our democracy functions. And this bill ironically, this bill which has been given all these high flying acronyms, it's the Patriot bill, it's the USA bill, it's that stand up and sing the Star Spangled Banner bill, has been debated in the most undemocratic way possible. And that's not worthy of this institution. 2:21:13 Rep. John Conyers: The members of the judiciary committee, who had a free and open debate, and then we came to a bill that even though imperfect, was unanimously agreed on. That was removed from us and we're now debating at this hour of the night, with only two copies of the bill that we're being asked to vote on available to the members on this side of the aisle. 2:22:18 Rep. John Conyers: Although I like the the money laundering provisions in the bill, I detest the work product that bears the name of my committee on it that has now been joined with this bill. And for this reason, as we close this debate, my inclination is not to support the bill. 2:23:12 Rep. James Sensenbrenner: Mr. Speaker, this is the latest step in a long process to attempt to pass a bill and send to the president that is vitally needed. It is vitally needed by our law enforcement officials, who are fighting the battle at home. We don't know how this battle will be fought. We don't know what tactics the enemy will take. We don't know what agents the enemy will use. And what we need is we need to get the intelligence necessary to protect the people of the United States of America from whatever the enemy has planned up its sleeve. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)
MasterMyTrades.com Patreon.com/GoodMorningLiberty Judge tosses Twitter suit over surveillance secrecy https://www.politico.com/news/2020/04/18/federal-judge-dismisses-surveillance-twitter-suit-193557?cid=apn A federal judge has dismissed Twitter's long-running lawsuit aimed at receiving a green light to provide users with a more detailed picture of U.S. government surveillance requests. On Friday evening, U.S. District Court Judge Yvonne Rogers turned down the social media company's bid to reverse the FBI's classification of statistical reports Twitter wanted to release about demands it receives from U.S. authorities through National Security Letters and Foreign Intelligence Surveillance Act warrants. Hundreds of Amazon warehouse workers are set to call in sick to protest its response to COVID-19 https://www.businessinsider.com/hundreds-amazon-workers-call-in-sick-to-protest-coronavirus-response-2020-4 Hundreds of US Amazon workers are set to protest Amazon's handling of the coronavirus crisis by calling in sick this week. More than 300 Amazon employees have pledged to not go into work starting Tuesday, according to worker rights group United for Respect. The figures were first reported by The Guardian. Trump Plans to Halt Nearly All Legal Immigration Into the U.S. https://slate.com/news-and-politics/2020/04/trump-suspend-legal-immigration-green-card-immigrants-travel-ban-coronavirus.html The coronavirus has led the U.S. to a dark place of national reckoning. On Monday evening, President Donald Trump announced his intention to further dim what remains of American life from just two months ago by suspending nearly all legal immigration into the country. “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!” Trump tweeted. The move is being made under the guise of the pandemic and an effort to protect American workers, many millions of whom now find themselves out of work, but it’s hard not to see something deeper and darker in the “America First” president’s motives. It’s hard not to read this as an opportunist seizing an opportunity. --- Support this podcast: https://anchor.fm/goodmorningliberty/support
Iran says it’s foiled a cyber espionage campaign mounted by APT27, a Chinese threat group. The Indian government responds to protests over a citizenship law in two states by sending in troops and cutting off the Internet in those states. The City of New Orleans sustains what appears to be a ransomware attack. So does a New Jersey healthcare network. And three Senators would like credit bureaus to tell them what the FBI is asking for. Joe Carrigan from JHU ISI on Twitter’s proposal to shift to open standards. For links to all of today's stories check our our CyberWire daily news brief: https://thecyberwire.com/issues/issues2019/December/CyberWire_2019_12_16.html Support our show
In this episode I cross swords with John Samples of the Cato Institute on Silicon Valley's efforts to disadvantage conservative speech and what to do about it. I accuse him of Panglossian libertarianism; he challenges me to identify any way in which bringing government into the dispute will make things better. I say government is already in it, citing TikTok's People's Republic of China-friendly “community standards” and Silicon Valley's obeisance to European standards on hate speech and terror incitement. Disagreeing on how deep the Valley's bias runs, we agree to put our money where our mouths are: I bet John $50 that Donald J. Trump will be suspended or banned from Twitter by the end of the year in which he leaves office. There's a lot of news in the Roundup. David Kris explains the background of the first CLOUD Act agreement that may be signed this year with the UK. Nate Jones and I ask, “What is the president's beef with CrowdStrike, anyway?” And find a certain amount of common ground on the answer. This Week in Counterattacks in the War on Terror: David and I recount the origins and ironies of Congress's willingness to end the NSA 215 phone surveillance program. We also take time to critique the New York Times's wide-eyed hook-line-and-sinker ingestion of an EFF attack on the FBI's use of National Security Letters. Edward Snowden's got a new book out, and the Justice Department wants to make sure he never collects his royalties. Nate explains. I'm just relieved that I will be able to read it without having to shoplift it. And it seems to be an episode for challenges, as I offer Snowden a chance to be interviewed on the podcast—anytime, anywhere, Ed! Matthew Heiman explains the latest NotPeya travail for FedEx: A shareholder suit alleging that the company failed to disclose how much damage the malware caused to its ongoing business. Evan Abrams gives a hint about the contents of Treasury's 300-page opus incorporating Congress's overhaul of CFIUS into the CFR. I credit David for inspiring my piece questioning how long end-to-end commercial encryption is going to last, and we note that even the New York Times seems to be questioning whether Silicon Valley's latest enthusiasm is actually good for the world. Matthew tells us that China may have a new tool in the trade war—or at least to keep companies toeing the party line: The government is assigning social credit scores to businesses. Finally, Matthew outlines France's OG take on international law and cyber conflict. France opens up some distance between its views and those of the United States, but everyone will get a chance to talk at even greater length on the topic, as the U.N. gears up two different bodies to engage in yet another round of cyber-norm-building. Download the 280th Episode (mp3). You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed! As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
This is a flashback episode of the syndicated FuseBox Radio Broadcast with DJ Fusion & Ausar Ra Black Hawk for the weeks of July 6, 2017 (originally broadcast on the week of March 14, 2013) with some new and classic music from the international Black Diaspora, news and commentary. Our commentary during that week touched base on crazy textbooks in the Louisiana public school system, the FBI’s ‘National Security Letters’ demands being ruled unconstitutional by a Federal Judge, historical information coming about about Albert Einstein's views on Race & Black America in the U.S., Prince & A Tribe Called Quest performing at this year's South by Southwest (SXSW), the foolery of an Irvington, NJ cop (& head of the police union) getting caught doing (terrible) gangsta rap and some other things here and there. There was a Black Agenda Report news mini-segment on this week's episode. FuseBox Radio Playlist + Charts for the Week of July 6, 2017 [originally broadcast on March 14, 2013] Top Spins (Music Still Lasting in Rotation/Music Played Live on Air Each Week/As Well As Music Requested By The Listeners) 1. Ghostface Killah & Adrian Younge/The Sure Shot (Parts 1 & 2)/Soul Temple (Played Live) 2. Jimi Hendrix/Hear My Train A Comin'/Legacy (Played Live) 3. Camp Lo & Soopasoul/Hustlin' Black Nostaljack (Steely Chan's Blender Mash)/White Label (Played Live) 4. R.A. The Rugged Man/The People's Champ/Nature Sounds (Played Live) 5. RZA/Black Soul/VLEK (Played Live) 6. Tricky feat. Francesca Belmonte/Nothing's Changed/False Idols (Played Live) 7. Joey Badass/Waves/Sony Red (Played Live) 8. Adrian Younge Presents The Delfonics/Love's Melody/Wax Poetics (Played Live) 9. Jasiri X feat. Brother Ali/The Pillars/Wandering Worx Music (Played Live) 10. Bonobo/Cirrus/Ninja Tune (Played Live) 11. Able 8/Data Crunch/NerdsVsBullies.com (Played Live) 12. Emeri & Lusche/Now, That's Hot!/#PointofLu (Played Live) 13. Simian Mobile Disco/Cerulean/Delicacies (Played Live) 14. Chamillionaire/Elevate/Chamillitary Ent. (Top Song Requested) 15. Disclosure feat. Alunageorge/White Noise/Co-Op & PMR (Top Song Requested) 16. David Bowie/(You Will) Set The World On Fire/Iso & Columbia (Top Song Requested) 17. Gary Clark Jr./Black And Blue/GaryClarkJr.com (Top Song Requested) 18. Rapper Big Pooh feat. Chaundon/Congnac/TheFreshestFatBoy.com (Top Song Requested) 19. Adam Warlock feat. Prince Po/Frequent Flyers (Nasa RMX)/Uncommon Records (Top Song Requested) 20. Spectac & Shakim/F.A.C.E. (Football, Arts, Comics, Etc.)/HipNoTT Records (Top Song Requested) 21. Mute Speaker/Ten Fold/Liquid Noise Records (Top Song Requested) 22. Truth Universal/Invent The Future/Truth Universal Music (Top Song Requested) 23. BNEW/Star In The City/White Label (http://arollingstone.bandcamp.com) (Top Song Requested) 24. Johnny Polygon/How It Feels (Change Your Mind)/JohnnyPolygon.com (Top Song Requested) 25. RDGLDGRN/Million Fans/RDGLDRGN.com (Top Song Requested) Top Adds (New Joints Played Live On This Week's Broadcast) 1. Marco Polo feat. Big Daddy Kane/Nite & Day/Soulspaszm & Rawkus 2. Justin Timberlake/Let The Groove In/RCA 3. Awaxx/Till The End/Never So Deep Records 4. Mariella/Flyaway (DJ Vadim RMX)/Wonderwheel DJ Fusion Flashback Tracks: Grandmaster D.St/The Home of Hip-Hop/Celluloid Roy Ayers feat. Kerri Chandler/Good Vibrations (Kerri's Mad Mix)/White Label PLUS Some Extra Special Hidden Tracks in the Ausar Ra Black Hawk Master Mix w/ Old School Black Music Classics and Independent Music Finds
We talk to former senator and peace envoy George Mitchell about the Middle East. A nonprofit organization called The Internet Archive has prevailed in a long battle to resist the FBI’s demand for information about one of its users, subjecting the Bureau’s “National Security Letters” to an unprecedented level of scrutiny. And we have this hour's top trending stories. Guests: John Hayward, Julie Fisk. Trending Today USA with Rusty Humphries 12-09-16 Part 3Image credit: Roman Yanushevsky / Shutterstock.com
Green Party Vice Presidential Candidate Ajamu Baraka Here on Law and Disorder we continue our interviews with candidates other than the two major parties. This week we talk with Green Party Vice Presidential Candidate Ajamu Baraka. Guest â?? Ajamu Baraka is a longtime activist, veteran of Black Liberation Movement, Human Rights defender, Former founding director of US Human Rights Network, currently Public Intervenon for Human Rights with Green Shadow Cabinet, member of Coordinating Committee of Black Left Unity Network and Associate Fellow at IPS. Heâ??s on a long time board member of the Center for Constitutional Rights and a human rights defender whose experience spans three decades of domestic and international education and activism, Ajamu Baraka is a veteran grassroots organizer whose roots are in the Black Liberation Movement and anti-apartheid and Central American solidarity struggles. Black Agenda Report The Connecticut Four More than ten years ago four librarians in Connecticut fought back after FBI agents handed them National Security Letters seeking library records under the PATRIOT Act, and warned them it was a criminal offense to discuss it with anyone. The letter demanded that the librarians identify patrons who had used library computers online at a specific time a year earlier. Four librarians challenged the legality of the request in a lawsuit, represented by the ACLU. A year later the government withdrew the demand for information and the gag order. The media dubbed them â??the Connecticut Four.â?? Recently they have reunited to draw attention to attempts by the U.S. Senate to expand the amount and kinds of information that the government may compel libraries and others to divulge. It could force librarians to give the FBI transaction records, such as email metadata, links clicked on to access other websites and the length and time of Internet search sessions. Guest â?? George Christian, executive director of the Library Connection and one of the four Connecticut librarians gagged by the FBI. The four librarians, members of the Library Connection, sought help from the ACLU after the FBI demanded patron records through a National Security Letter. The Bronx 120 Just before 5 in the morning on April 27, 700 law enforcement officers conducted the largest gang raid in NY history in the Williamsbridge section of the North Bronx. Prosecutors used the 1970 RICO Act, and 78 young men averaging 24 years in age were arrested and indicted 120 on conspiracy charges. All are being detained collectively for 8 murders and firearms and drug charges dating back two decades. In one apartment, more than a dozen police threw flash-bang grenades and broke down the front door with assault weapons aimed at Paula Clarke and her two daughters, then forced them to crawl down their hall on all fours toward the officers. At a press conference, police characterized the young men as â??the epitome of organized crime today.â?? Cooperating federal agencies included the DEA, the ATF, the US attorney general, and ICEâ??s Homeland Security Investigations. Community members question this portrayal, saying the young men were not highly organized gangsters terrorizing a community; they lacked money and weapons and were living at home with their parents. Critics claim that applying RICO to to street gangs has racist implications. Under RICO, individuals can be found guilty by association. Despite gang-related crime accounting for less than 2 percent of city crime, two weeks after the raid, James Oâ??Neill, now NYPD Commissioner, promised 20 more raids before July 4. The department quadrupled its gang division by launching Operation Crew Cut in 2012. A 2014 initiative has spent over $64.6 million on surveillance cameras and singled out 15 projects as high-crime zones; at least ten of those projects have experienced police raids. Guest â?? Cindy Gorn is a former teacher of Urban Studies at Hunter College and a member of the Incarcerated Workers Organizing Committee.
In today's podcast, we hear about cyber and information operations in Eastern Europe that look disturbingly like battlespace preparation. The FBI finds that the scope of the Democratic Party hacks is much greater than initially believed. The Bureau seems ready to ask for more authority to unlock devices, but opponents point to Microsoft's inadvertent leak of Secure Boot keys as an object lesson in why that's a bad idea. USENIX proofs-of-concept include Linux and car-hacking exploits. Samsung Pay is criticized as vulnerable to token skimming. Senior Law Analyst Ben Yelin outlines the FBI's request to expand the reach of National Security Letters. Deputy Director Rick Lipsey explains the mission of the ISAO Standards Organization. New ransomware features disappearing extortion emails. And how do you solve a problem like Pokémon-GO?
The State Department is seeking to delay the release of a batch of emails from Hillary Clinton’s tenure that could reveal a conflict of interest that benefited the Clinton Foundation. The two Sam’s run down the list of other records waiting to see the light of day before the upcoming general election.Also, details about National Security Letters just hit the public domain. We talked to Alison Macrina, Library Freedom Project Director and Tor Project member, to discuss the latest in surveillance news.And the White House is no longer returning the calls of a prominent former senator who wants a classified chapter of the 9/11 Commission Report made public.
The State Department is seeking to delay the release of a batch of emails from Hillary Clinton’s tenure that could reveal a conflict of interest that benefited the Clinton Foundation. The two Sam’s run down the list of other records waiting to see the light of day before the upcoming general election.Also, details about National Security Letters just hit the public domain. We talked to Alison Macrina, Library Freedom Project Director and Tor Project member, to discuss the latest in surveillance news.And the White House is no longer returning the calls of a prominent former senator who wants a classified chapter of the 9/11 Commission Report made public.
The Mind Renewed : Thinking Christianly in a New World Order
"We want no Gestapo or secret police. FBI is tending in that direction. They are dabbling in sex-life scandals and plain blackmail… [J.] Edgar Hoover would give his right eye to take over, and all congressmen and senators are afraid of him." (US President Harry S. Truman) So begins a recent commentary by our guest for this Good Friday edition of TMR, the constitutional attorney and author John. W. Whitehead, president of The Rutherford Foundation, a nonprofit civil liberties and human rights organisation headquartered in Charlottesville, Virginia. With his recent article—"America's Gestapo : The FBI's Reign of Terror"—as our focus, we discuss the significance of the FBI in the seemingly-inexorable transformation of the USA into a police state, and consider the example of Jesus as an activist in Roman-occupied Palestine. (For show notes please visit http://themindrenewed.com)
The Mind Renewed : Thinking Christianly in a New World Order
"We want no Gestapo or secret police. FBI is tending in that direction. They are dabbling in sex-life scandals and plain blackmail… [J.] Edgar Hoover would give his right eye to take over, and all congressmen and senators are afraid of him." (US President Harry S. Truman) So begins a recent commentary by our guest for this Good Friday edition of TMR, the constitutional attorney and author John. W. Whitehead, president of The Rutherford Foundation, a nonprofit civil liberties and human rights organisation headquartered in Charlottesville, Virginia. With his recent article—"America's Gestapo : The FBI's Reign of Terror"—as our focus, we discuss the significance of the FBI in the seemingly-inexorable transformation of the USA into a police state, and consider the example of Jesus as an activist in Roman-occupied Palestine. (For show notes please visit http://themindrenewed.com)
It's law! The USA Freedom Act, which reauthorizes and privatizes portions of the Patriot Act, is being called a victory for privacy... but it's not. In this episode, find out all the details of the bill that was signed into law just hours after this episode was recorded, including how it continues bulk data collection and lets the most powerful men in the United States get away with breaking the law. Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin; click the PayPal "Make it Monthly" checkbox to create a monthly subscription Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! H.R. 2048: USA Freedom Act of 2015 Title I: FISA business records reforms The government will need to provide "a specific selection term to be used for the basis" for the data being collected The term can't be the name of a telecom, unless that telecom is under investigation The term can't be a "broad geographic region, including the United States, a city, a county, a State, a zip code, or an area code" The term must be something that "specifically identifies an individual, account, or personal device." The government will have 180 days to comply after the bill is signed into law Limits ongoing phone call record collection to 180 days unless extended Orders the telecoms to keep secret the order from the government to turn over call records The Attorney General can require records be turned over in "emergencies" if he/she informs a judge and applies for the warrant within 7 days. If the warrant is denied, nothing collected under the Attorney General's emergency power will be admissible in court, "except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person." The Attorney General will be in charge of determining if the standards above are met. Eliminates a clause that lets a judge immediately dismiss a protest from a company fighting a FISA order Gives immunity to any company that hands over information under a FISA order or an emergency order from the Attorney General Companies will be paid for "expenses incurred" producing the information or assisting the government with FISA or emergency orders "Call detail record" will not include the contents of the call, the person's name, address or financial information, or the cell phone's GPS location. The bill expressly says that nothing in the USA Freedom Act will limit the government's authority to get orders from the secret FISA court, as authorized in by the Foreign Intelligence Surveillance Act of 1978 Title II: FISA pen register and trap and trace device reform The Attorney General will get to determine the privacy procedures for the use of tracing devices installed to track phone numbers dialed in monitor Internet communications. Title III: FISA acquisitions targeting person outside the United States reforms "Limits on use of unlawfully obtained information" can be waived if the government fixes whatever illegal thing they were doing, which would allow information they collected before the fix to be used in court. Within 180 days after enactment, FISA court judges will pick at least five people to serve as amicus curiae - "friends of the court" - to argue on behalf of privacy and civil liberties. FISA court judges will write the rules for the amicus curiae participation. The FISA court gets to decide if the amicus curiae's participation is appropriate The Director of National Intelligence must make publicly available "to the greatest extent practicable" any FISA court decision that includes "a significant construction or interpretation of any provision of law" The decision, order, or opinion can be released to the public in redacted form The Director of National Intelligence can waive the requirement to make FISA decisions, orders, and opinions public as long as they say it's "necessary to protect the national security of the United States or properly classified intelligence sources or methods". Title V: National Security Letter reform National Security Letter (NSL): Letters served by the FBI to telecoms that allow the FBI to secretly demand data. There is a gag order on anyone who receives these letters, guaranteeing that the public is not told and that there is no judicial review. Allows NSLs to be issued for telephone, financial, and consumer records if the order "specifically identifies a person, entity, telephone number, or account as the basis for a request". There will be a gag order, preventing companies from telling anyone that the FBI is requesting the information, as long as the order also has a notification of the telecoms right to judicial review and if the FBI says disclosure could result in: "A danger to the national security of the United States" "Interference with a criminal, counterterrorism or counterintelligence investigation" "Interference with diplomatic relations" (new) "Danger to the life or physical safety of any person" Title VI: FISA transparency and reporting requirements Orders the government to submit a bunch of new reports to Congress Allows companies served with National Security Letters to publicly report approximately how many NSLs they've received They can only report the number of FISA orders and NSLs subject to a gag order to the nearest thousand They can only report the number of FISA orders and NSLs not subject to a gag order to the nearest 500. They can report twice a year on the total number of orders, directives, and NSLs served to the nearest 250 These reports are only allowed to cover NSLs for the previous 180 days Once a year, they can report on the total number of orders, directives, and NSLs they were required to comply with to the nearest 100 The FISA court, if their ruling "includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this Act", will have to submit their decision or denial of disclosure petition to Congress within 45 days Title VII: Enhanced national security provisions Emergency monitoring of a person outside the United States is limited to 72 hours without a warrant Extends PATRIOT Act and Intelligence Reform and Terrorism Prevention Act of 2004 provisions until December 15, 2019. Title VIII: Safety of Maritime Navigation and Nuclear Terrorism Conventions Implementation Allows civil forfeiture of property of people suspected of trying to harm a United States ship Gives a fine of up to $2,000,000 and possible life in prison to a person who possesses radioactive material or a device with intent to damage people or property or someone who threatens to do so. Sound Clip Sources Hearing: House Judiciary Committee Markup of H.R. 2048 from April 28, 2015 Senate Floor Proceeding: May 20, 2015 Senate Floor Proceeding: May 31, 2015, Part 1 Senate Floor Proceeding: May 31, 2015, Part 2 Speech: President George W. Bush speaks at Kansas State University, January 23, 2006. Television Appearance: President Barack Obama on The Tonight Show with Jay Leno, August 6, 2013. Hearing: Director of National Intelligence James Clapper lies to Congress, March 12, 2013. Last Week Tonight with John Oliver: HBO, October 5, 2014 Information Presented in This Episode USA Freedom Act Article: White House backs bill that would end NSA bulk collection of phone records by Ellen Nakashima and Mike DeBonis, Washington Post, May 11, 2015. Article: House Votes to End NSA’s Bulk Phone Data Collection by Jennifer Steinhauer, New York Times, May 13, 2015. Article: House reaches deal on bill to end NSA phone collection by Associated Press, April 30, 2015. Article: House Says No To NSA Bulk Data Collection As Fight To End Mass Surveillance Gathers Momentum by Thomas Fox-Brewster, Forbes, May 14, 2015. Article: US Congress to vote on bill banning NSA from bulk-collecting phone calls by Spencer Ackerman and Sabrina Siddiqui, The Guardian, May 13, 2015. Patriot Act Expiring Provisions Legal Summary: Section 206 - Roving Surveillance Authority under FISA by Mary DeRosa, American Bar Association. Legal Summary: Lone Wolf by Mary DeRosa, American Bar Association. Legal Summary: Section 215 - Access to Business Records under FISA ("Libraries Provision") and Section 214 - Pen Register and Trap and Trace Authority under FISA by Mary DeRosa, American Bar Association. NSA Surveillance System Article: Bush Lets U.S. Spy on Callers Without Courts by James Risen and Eric Lichtblau, New York Times, December 16, 2005. Article: The NSA is Building the Country's Biggest Spy Center (Watch What You Say) by James Bamford, Wired, March 15, 2012. Article: The NSA's New Spy Facilities are 7 Times Bigger Than the Pentagon by Aliya Sternstein, Defense One, July 25, 2013. Article: In NSA-intercepted Data, Those Not Targeted Far Outnumber The Foreigners Who Are by Barton Gellman, Julie Tate, and Ashkan Soltani, Washington Post, July 5, 2014. Editorial: Meet Executive Order 12333: The Reagan Rule That Lets the NSA Spy on American by John Napier Tye, Washington Post, July 18, 2014. Podcast Appearance ProfitCast Episode #48: Effective NON-Marketing Ways to Grow Your Podcast - Interview with Jen Briney Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) Bill of Rights Song by Rhythm, Rhyme, and Results Let Their Heads Roll by Jack Erdie (found on Music Alley by mevio)
This is the latest episode of the syndicated FuseBox Radio Broadcast with DJ Fusion & Jon Judah for the week of March 14, 2013 with some new and classic music from the international Black Diaspora, news and commentary. Our commentary this week touched base on crazy textbooks in the Louisiana public school system, the FBI’s ‘National Security Letters’ demands being ruled unconstitutional by a Federal Judge, historical information coming about about Albert Einstein's views on Race & Black America in the U.S., Prince & A Tribe Called Quest performing at this year's South by Southwest (SXSW), the foolery of an Irvington, NJ cop (& head of the police union) getting caught doing (terrible) gangsta rap and some other things here and there. There is a brand new Black Agenda Report news mini-segment on this week's episode. FuseBox Radio Playlist + Charts for the Week of March 14, 2013 Top Spins (Music Still Lasting in Rotation/Music Played Live on Air Each Week/As Well As Music Requested By The Listeners) 1. Ghostface Killah & Adrian Younge/The Sure Shot (Parts 1 & 2)/Soul Temple (Played Live) 2. Jimi Hendrix/Hear My Train A Comin'/Legacy (Played Live) 3. Camp Lo & Soopasoul/Hustlin' Black Nostaljack (Steely Chan's Blender Mash)/White Label (Played Live) 4. R.A. The Rugged Man/The People's Champ/Nature Sounds (Played Live) 5. RZA/Black Soul/VLEK (Played Live) 6. Tricky feat. Francesca Belmonte/Nothing's Changed/False Idols (Played Live) 7. Joey Badass/Waves/Sony Red (Played Live) 8. Adrian Younge Presents The Delfonics/Love's Melody/Wax Poetics (Played Live) 9. Jasiri X feat. Brother Ali/The Pillars/Wandering Worx Music (Played Live) 10. Bonobo/Cirrus/Ninja Tune (Played Live) 11. Able 8/Data Crunch/NerdsVsBullies.com (Played Live) 12. Emeri & Lusche/Now, That's Hot!/#PointofLu (Played Live) 13. Simian Mobile Disco/Cerulean/Delicacies (Played Live) 14. Chamillionaire/Elevate/Chamillitary Ent. (Top Song Requested) 15. Disclosure feat. Alunageorge/White Noise/Co-Op & PMR (Top Song Requested) 16. David Bowie/(You Will) Set The World On Fire/Iso & Columbia (Top Song Requested) 17. Gary Clark Jr./Black And Blue/GaryClarkJr.com (Top Song Requested) 18. Rapper Big Pooh feat. Chaundon/Congnac/TheFreshestFatBoy.com (Top Song Requested) 19. Adam Warlock feat. Prince Po/Frequent Flyers (Nasa RMX)/Uncommon Records (Top Song Requested) 20. Spectac & Shakim/F.A.C.E. (Football, Arts, Comics, Etc.)/HipNoTT Records (Top Song Requested) 21. Mute Speaker/Ten Fold/Liquid Noise Records (Top Song Requested) 22. Truth Universal/Invent The Future/Truth Universal Music (Top Song Requested) 23. BNEW/Star In The City/White Label (http://arollingstone.bandcamp.com) (Top Song Requested) 24. Johnny Polygon/How It Feels (Change Your Mind)/JohnnyPolygon.com (Top Song Requested) 25. RDGLDGRN/Million Fans/RDGLDRGN.com (Top Song Requested) Top Adds (New Joints Played Live On This Week's Broadcast) 1. Marco Polo feat. Big Daddy Kane/Nite & Day/Soulspaszm & Rawkus 2. Justin Timberlake/Let The Groove In/RCA 3. Awaxx/Till The End/Never So Deep Records 4. Mariella/Flyaway (DJ Vadim RMX)/Wonderwheel DJ Fusion Flashback Tracks: Grandmaster D.St/The Home of Hip-Hop/Celluloid Roy Ayers feat. Kerri Chandler/Good Vibrations (Kerri's Mad Mix)/White Label PLUS Some Extra Special Hidden Tracks in the Jon Judah Master Mix w/ Old School Black Music Classics and Independent Music Finds
Well we have a new Pope, but we're not here to talk about Francis today. We're here to talk about National Security Letters, Dick Cheney, signature strikes, Ted Cruz, Dianne Fienstein and the assault weapons ban that could have saved Newtown and a list of ten surprising things that you thought were true, but weren't …We didn't get to Sarah Palin which is too bad because we love to see Republican's eat their own. Carl Rove should get a gun 'cuz the Moma Grizzly went after him … somewhere near Russia I think.This from the Dallas News"On multiple occasions, Cruz attacked Hagel for not disclosing the sources of his lucrative speaking fees, speculating that some of that money could have come from unfriendly foreign governments: “It is at a minimum relevant to know if that $200,000 that he deposited in his bank account came directly from Saudi Arabia, came directly from North Korea. I have no evidence to suggest that it is or isn’t."(empahsis added)Click here and see what Maqz thinks of Ted Cruz
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Justin and Jason discuss why Peter and Alex were asked to fill in for Jason on last week's show, why our brains seem to get slower over time, Justin's struggle to remain productive while on his six week "work-cation", why Jason accepted a full-time consulting contract with Uber, whether it's worth entering the LAUNCH startup competition if you're not planning on raising money, the process of setting up the AnyFu bank account, switching some of Uber's infrastructure from MongoDB to Redis, comparing Uber's rocket-ship growth rate to it's humble beginnings, the success of Louis C.K.'s DVD experiment, Jason's one-dollar Christmas moment, capturing light at a trillion frames per second, the latest breakthrough in solar panel efficiency, why long vacations and retirement are boring, the only real way to stop SOPA, the indefinite detention provision of the NDAA and the FBI's abuse of National Security Letters, and how Jason's kids helped him get through his mother's death.