
	by Tom Burghardt
	August 13, 2010
	
			from 
			GlobalResearch Website
	
	 
	
	The 
	Obama 
	administration is seeking authority from Congress that would 
	compel internet service providers (ISPs) to turn over records of an 
	individual's internet activity for use in secretive FBI probes.
	
	In another instance where Americans are urged to trust their political 
	minders,
	
	The Washington Post reported last month 
	that, 
	
		
		"the administration wants to add just four 
		words - 'electronic communication transactional records' - to a list of 
		items that the law says the FBI may demand without a judge's approval."
	
	
	
	
	
	Under cover of coughing-up information deemed 
	relevant to espionage or terrorism investigations, proposed changes to the
	Electronic Communications Privacy Act (ECPA) 
	would greatly expand the volume of private records that can be seized 
	through National Security Letters (NSLs).
	
	Constitution-shredding letters de cachet, NSLs are administrative subpoenas 
	that can be executed by agencies such as the FBI, CIA or Defense Department, 
	solely on the say so of supervisory agents.
	
	The noxious warrants are not subject to court review, nor can a recipient 
	even disclose they have received one. Because of their secretive nature, 
	they are extremely difficult to challenge.
	
	Issued by unaccountable Executive Branch agents hiding behind a façade of 
	top secret classifications and much-ballyhooed "sources and methods," NSLs 
	clearly violate our constitutional rights.
	
	The fourth amendment unambiguously states: 
	
		
		"The right of the people to be secure in 
		their persons, houses, papers, and effects, against unreasonable 
		searches and seizures, shall not be violated, and no Warrants shall 
		issue, but upon probable cause, supported by Oath or affirmation, and 
		particularly describing the place to be searched, and the persons or 
		things to be seized."
	
	
	However, in "new normal" America constitutional 
	guarantees and civil rights are mere technicalities, cynical propaganda 
	exercises jettisoned under the flimsiest of pretexts:
	
		
		the endless "War 
		on Terror" where the corporate state's praetorian guards work 
		the "dark side."
	
	
	Once served, firms such as telecommunication 
	providers, banks, credit card companies, airlines, health insurers, video 
	rental services, even booksellers and libraries, are compelled to turn over 
	what the secret state deem relevant records on targets of FBI fishing 
	expeditions.
	
	If burdensome NSL restrictions are breeched for any reason, that person can 
	be fined or even jailed if gag orders built into the draconian
	
	USA Patriot Act are violated.
	
	However, even the Patriot Act's abysmally lowered threshold for seizing 
	private records specify that NSLs cannot be issued, 
	
		
		"solely on the basis of activities protected 
		by the first amendment of the Constitution of the United States."
	
	
	Despite these loose standards, congressional 
	investigators, journalists and civil liberties watchdogs found that the FBI 
	violated the rules of the road, such as they are, thousands of times. 
	Between 2003-2006, the Bureau issued 192,499 NSLs, according to current 
	estimates, the FBI continues to hand out tens of thousands more each year.
	
	According to a
	
	May 2009 Justice Department letter sent to 
	the House and Senate Judiciary Committees, 
	
		
		"in 2007, the FBI made 16,804 NSL requests" 
		and followed-up the next year by issuing some, "24,744 NSL requests ... 
		to 7,225 United States persons."
	
	
	The Justice Department's Office of the Inspector 
	General (OIG) issued
	
	a 2007 report which concluded that the 
	Bureau had systematically abused the process and exceeded their authority.
	
	
	 
	
	
	
	A follow-up report published by the OIG in 
	January found that serious civil liberties breeches continue under President 
	Obama.
	
	This is hardly surprising given the track record of the Obama 
	administration.
 
	
	 
	
	
	"Reform," Obama-Style
	
	The latest White House proposal would hand the secret state unprecedented 
	access to the personal communications of every American. What Bushist war 
	criminals did secretly, Obama intends to do openly and with the blessings of 
	a supine Congress. 
	
	 
	
	As constitutional scholar Glenn Greenwald
	
	points out, 
	
		
		"not only has Obama... blocked any reforms, 
		he has taken multiple steps to further expand unaccountable and 
		unchecked surveillance power."
	
	
	Nowhere is this more apparent than by 
	administration moves to "reform" ECPA.
	
	While the Justice Department claims their newly sought authority does not 
	include "'content' of email or other Internet communications," this is so 
	much eyewash to deceive the public.
	
	In fact, the addition of so-called transactional records to the volume of 
	files that the state can arbitrarily seize, would hand the government access 
	to a limitless cache of email addresses, dates and times they were sent and 
	received, and a literal snap-shot on demand of what any user looks at or 
	searches when they log onto the internet.
	
	As I have pointed out before, most recently last month when I 
	
	described the National Security Agency's 
	PERFECT CITIZEN program, the roll-out of privacy-killing deep-packet 
	inspection software developed by NSA already has the ability to read and 
	catalogue the content of email messages flowing across private 
	telecommunications networks.
	
	Former Bushist Homeland Security official, Stewart A. Baker, 
	applauded the proposal and told the Post, 
	
		
		"it'll be faster and easier to get the 
		data." Baker touts the rule change as a splendid way for ISPs to hand 
		over "a lot more information to the FBI in response to an NSL."
	
	
	While the Post claims "many internet service 
	providers" have "resisted the government's demands to turn over electronic 
	records," this is a rank mendacity.
	
	A "senior administration official," speaking anonymously of course, told the 
	Post that "most" ISPs already "turn over such data." Of course they do, and 
	at a premium price!
	
	Internet security analyst Christopher Soghoian has documented that 
	just one firm,
	
	Sprint Nextel, routinely turned over their 
	customer's geolocation data to law enforcement agencies and even built them 
	a secure web portal to do so, eight million times in a single year!
	
	Soghoian
	
	wrote last year that, 
	
		
		"government agents routinely obtain customer 
		records from these firms, detailing the telephone numbers dialed, text 
		messages, emails and instant messages sent, web pages browsed, the 
		queries submitted to search engines, and of course, huge amounts of 
		geolocation data, detailing exactly where an individual was located at a 
		particular date and time."
	
	
	As a public service, the secrecy-shredding web 
	site 
	Cryptome has published dozens of so-called compliance guides for 
	law enforcement issued by a plethora of telecoms and ISPs. 
	
	 
	
	Readers are urged to peruse
	
	Yahoo's manual for a taste of what these 
	grifters hand over.
	
	While the administration argues that "electronic communication transactional 
	records" are the "same as" phone records that the Bureau can obtain with an 
	NSL, seizing such records reveal far more about a person's life, and 
	political views, than a list of disaggregated phone numbers. This is 
	precisely why the FBI wants unlimited access to this data. 
	
	 
	
	Along with racial and religious profiling, the 
	Bureau would be handed the means to build a political profile on anyone they 
	deem an "extremist."
	
	That "senior administration official" cited by the Post claims that access 
	to a citizen's web history, 
	
		
		"allows us to intercede in plots earlier 
		than we would if our hands were tied and we were unable to get this data 
		in a way that was quick and efficient."
	
	
	Perhaps our "change" administration has 
	forgotten a simple historical fact: police states are efficient. 
	
	 
	
	The value of privacy in a republic, including 
	whom one communicates with or where one's interests lie, form the core 
	values of a democratic order; principles sorely lacking in our "new normal" 
	Orwellian order!
	
	In a small but significant victory,
	
	the ACLU announced this week that, 
	
		
		"the FBI has partially lifted a gag it 
		imposed on American Civil Liberties Union client Nicholas Merrill in 
		2004 that prevented him from disclosing to anyone that he received a 
		national security letter (NSL) demanding private customer records."
	
	
	In a statement to reporters, Merrill said:
	
	
		
		"Internet users do not give up their privacy 
		rights when they log on, and the FBI should not have the power to 
		secretly demand that ISPs turn over constitutionally protected 
		information about their users without a court order. I hope my 
		successful challenge to the FBI's NSL gag power will empower others who 
		may have received NSLs to speak out."
	
	
	Despite this narrow ruling, the FBI intends to 
	soldier on and the Obama administration is hell-bent on giving the Bureau 
	even more power to operate in the dark.
	
	Commenting on the Merrill case, The
	
	Washington Post reported FBI spokesperson
	Mike Kortan claimed that NSL, 
	
		
		"secrecy is often essential to the 
		successful conduct of counterterrorism and counterintelligence 
		investigations" and that public disclosure "may pose serious risks to 
		the investigation itself and to other national security interests."
	
	
	Those "other" interests, apparently, do not 
	extend to the right to express one's views freely, particularly when they 
	collide with the criminal policies of the secret state.