AT&T Whistleblower: Spy Bill Creates Infrastructure for a Police State

(What a courageous man! – The Infinite Unknown)

Mark Klein, the retired AT&T engineer who stepped forward with the technical documents at the heart of the anti-wiretapping case against AT&T, is furious at the Senate’s vote on Wednesday night to hold a vote on a bill intended to put an end to that lawsuit and more than 30 others.

[Wednesday]’s vote by Congress effectively gives retroactive immunity to the telecom companies and endorses an all-powerful president. It’s a Congressional coup against the Constitution.

The Democratic leadership is touting the deal as a “compromise,” but in fact they have endorsed the infamous Nuremberg defense: “Just following orders.” The judge can only check their paperwork. This cynical deal is a Democratic exercise in deceit and cowardice.

Klein saw a network monitoring room being built in AT&T’s internet switching center that only NSA-approved techs had access to. He squirreled away documents and then presented them to the press and the Electronic Frontier Foundation after news of the government’s warrantless wiretapping program broke.

Wired.com independently acquired a copy of the documents (.pdf) — which were under court seal — and published the wiring documents in May 2006 so that they could be evaluated.

The lawsuit that resulted from his documents is now waiting on the 9th U.S. Appeals Court to rule on whether it can proceed despite the government saying the whole matter is a state secret. A lower court judge ruled that it could, because the government admitted the program existed and that the courts could handle evidence safely and in secret.

But the appeals court ruling will likely never see the light of day, since the Senate is set to vote on July 8 on the FISA Amendments Act of 2008, which also largely legalizes Bush’s warrantless wiretapping program by expanding how the government can wiretap from inside the United States without getting individualized court orders.

Klein continues:

Congress has made the FISA law a dead letter–such a law is useless if the president can break it with impunity. Thus the Democrats have surreptitiously repudiated the main reform of the post-Watergate era and adopted Nixon’s line: “When the president does it that means that it is not illegal.” This is the judicial logic of a dictatorship.

The surveillance system now approved by Congress provides the physical apparatus for the government to collect and store a huge database on virtually the entire population, available for data mining whenever the government wants to target its political opponents at any given moment-all in the hands of an unrestrained executive power. It is the infrastructure for a police state.

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Democrats Have Legalized Bush’s Crimes

House Speaker Nancy Pelosi claims that a key positive feature of the new wiretap “compromise” is that the bill reaffirms that the President must follow the law, even though the same bill virtually assures that no one will be held accountable for George W. Bush’s violation of the earlier spying law.

In other words, in the guise of rejecting Bush’s theories of an all-powerful presidency that is above the law, the Democratic leadership cleared the way for the President and his collaborators to evade punishment for defying the law.

So, why should anyone assume that the new legislative edict demanding that the President obey the law will get any more respect than the old one, which established the Foreign Intelligence Surveillance Act of 1978 as the “exclusive” means for authorizing electronic spying?

It wasn’t that Bush and his team didn’t understand the old law’s language; they simply believed they could violate the law without consequence, under the radical theory that at a time of war – even one as vaguely defined as the “war on terror” – the President’s powers trump all laws as well as the constitutional rights of citizens.

Essentially, Bush was betting that even if his warrantless wiretap program was disclosed – as it was in December 2005 – that he could trust his Republican congressional allies to protect him and could count on most Democrats not to have the guts to challenge him.

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House passes new surveillance law

WASHINGTON (AP) – The House Friday easily approved a compromise bill setting new electronic surveillance rules that effectively shield telecommunications companies from lawsuits arising from the government’s terrorism-era warrantless eavesdropping on phone and computer lines in this country.

The bill, which was passed on a 293-129 vote, does more than just protect the telecoms. The update to the 30-year-old Foreign Intelligence Surveillance Act is an attempt to balance privacy rights with the government’s responsibility to protect the country against attack, taking into account changes in telecommunications technologies.

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McCain: I’d Spy on Americans Secretly, Too

If elected president, Senator John McCain would reserve the right to run his own warrantless wiretapping program against Americans, based on the theory that the president’s wartime powers trump federal criminal statutes and court oversight, according to a statement released by his campaign Monday.

McCain’s new tack towards the Bush administration’s theory of executive power comes some 10 days after a McCain surrogate stated, incorrectly it seems, that the senator wanted hearings into telecom companies’ cooperation with President Bush’s warrantless wiretapping program, before he’d support giving those companies retroactive legal immunity.

As first reported by Threat Level, Chuck Fish, a full-time lawyer for the McCain campaign, also said McCain wanted stricter rules on how the nation’s telecoms work with U.S. spy agencies, and expected those companies to apologize for any lawbreaking before winning amnesty.

But Monday, McCain adviser Doug Holtz-Eakin, speaking for the campaign, disavowed those statements, and for the first time cast McCain’s views on warrantless wiretapping as identical to Bush’s.

[N]either the Administration nor the telecoms need apologize for actions that most people, except for the ACLU and the trial lawyers, understand were Constitutional and appropriate in the wake of the attacks on September 11, 2001. […]

We do not know what lies ahead in our nation’s fight against radical Islamic extremists, but John McCain will do everything he can to protect Americans from such threats, including asking the telecoms for appropriate assistance to collect intelligence against foreign threats to the United States as authorized by Article II of the Constitution.

The Article II citation is key, since it refers to President Bush’s longstanding arguments that the president has nearly unlimited powers during a time of war. The administration’s analysis went so far as to say the Fourth Amendment did not apply inside the United States in the fight against terrorism, in one legal opinion from 2001.

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Spying Telecoms Receive Billions in Government Contracts

The telecoms who are being sued for their cooperation in the government’s illegal warrantless surveillance program have received billions in government contracts. According to Washington Technology magazine, Verizon received $1.3 billion, Sprint $839 million and AT&T $505 million in federal prime contract revenue for fiscal 2007, for a total of $2.6 billion. While the companies have been government contractors for a long time, it still represents a significant increase in revenue.

Telecom apologists like to suggest that the communications companies’ motivation was not financial. As Judge Walker noted when examining EFF’s allegations of dragnet surveillance: “AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal.” Yet, the prospect of $2.6 billion per year can go a long way to explaining why an industry might cooperate with a program far outside the limitations of the Foreign Intelligence Surveillance Act (FISA), despite the difficulty of believing it was legal.

Note that the numbers represent publicly available information for prime contracting only and do not include subcontracting revenue. Any monies paid for the secret NSA surveillance program would be in addition to the public contracting numbers.

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Homeland Security invokes nuclear bomb, as Bush quietly links cybersecurity program to NSA

Department of Homeland Security Michael Chertoff has dropped the bomb.

At a speech to hundreds of security professionals Wednesday, Chertoff declared that the federal government has created a cyber security “Manhattan Project,” referencing the 1941-1946 project led by the Army Corps of Engineers to develop American’s first atomic bomb.

According to Wired’s Ryan Singel, Chertoff gave few details of what the government actually plans to do.

He cites a little-noticed presidential order: “In January, President Bush signed a presidential order expanding the role of DHS and the NSA in government computer security,” Singel writes. “Its contents are classified, but the U.S. Director of National Intelligence has said he wants the NSA to monitor America’s internet traffic and Google searches for signs of cyber attack.”

The National Security Agency was the key player in President Bush’s warrantless wiretapping program, which was revealed by the New York Times in 2005.

Sound familiar? Yesterday, documents acquired by the Electronic Frontier Foundation under the Freedom of Information act showed the FBI has engaged in a massive cyber surveillance project that targets terror suspects emails, telephone calls and instant messagesand is able to get some information without a court order.

Last week, the ACLU revealed documents showing that the Pentagon was using the FBI to spy on Americans. The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans’ Internet service providers, financial institutions and telephone companies, according to Pentagon documents.

Read moreHomeland Security invokes nuclear bomb, as Bush quietly links cybersecurity program to NSA