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Georgia Bill Helps Wife Beaters Print
Sunday, 15 March 2015 14:03

Michaelson writes: "Georgia is poised to pass the nation's harshest 'religious freedom' law, allowing discrimination, judicial obstruction, and even domestic violence."

Georgia's 'Religious Freedom Restoration Act' could legalize domestic violence. (photo: Shutterstock.com)
Georgia's 'Religious Freedom Restoration Act' could legalize domestic violence. (photo: Shutterstock.com)


Georgia Bill Helps Wife Beaters

By Jay Michaelson, The Daily Beast

15 March 15

 

Georgia’s “Religious Freedom Restoration Act” is among the worst in the nation. So why are pro-gay companies doing nothing about it?

eorgia is poised to pass the nation’s harshest “religious freedom” law, allowing discrimination, judicial obstruction, and even domestic violence. Yet while the bill is far worse than Arizona’s notorious “Turn the Gays Away” bill, it’s attracted far less attention from national advocacy groups and businesses.

The bill, the “Georgia Religious Freedom Restoration Act,” is one of a raft of similar bills (RFRAs, for short) wending their way through state legislatures across the country. The bills are part of the backlash against same-sex marriage, but they go much farther than that. Like the Hobby Lobby decision, which allows closely-held corporations to opt out of part of Obamacare, these laws carve out exemptions to all kinds of laws if a person (or corporation) offers a religious reason for not obeying them.

For example? Restaurants could refuse to serve gay or interracial couples, city clerks could refuse to marry interfaith couples, hotels could keep out Jews, housing developments could keep out black people (Genesis 9:18-27), pharmacies could refuse to dispense birth control, banquet halls could turn away gay weddings, schools could specifically allow anti-gay bullying, and employers could fire anyone for any “religious” reason.

The national movement to pass these laws is well-funded and well-coordinated; most of the laws are written by the same handful of conservative legal hacks in Washington, working for organizations like the Alliance Defending Freedom and Ralph Reed’s Faith and Freedom Coalition, both of which have had a hand in the Georgia bill.

Jeff Graham, executive director of Georgia Equality, said in an interview with The Daily Beast that “in the last two years, there have been 35 bills introduced around the country to establish or expand a RFRA. And there have been over 80 bills filed that specifically allow for discrimination against gay and trans communities.”

As worrisome as these laws are, however, Georgia’s is worse than most.

First, the language is the strictest possible. As with other RFRAs, Georgia’s act says that the government cannot “substantially burden a person’s exercise of religion” without a “compelling governmental interest” and the “least restrictive means of furthering” that interest. This is the classic three-prong test that was at issue in Hobby Lobby, and is considered extremely difficult to meet.

Georgia’s RFRA also specifies that “exercise of religion” can be just about any “practice or observance of religion, whether or not compelled by or central to a system of religious belief.”

In other words, if I say it’s my religious exercise, it is.

Second, the Senate version of the bill was passed by its sponsor, State Senator Josh McKoon, with all kinds of shenanigans. He rammed it through the judiciary committee, which he chairs, while opposition members were in the bathroom.

Then, on dubious procedural grounds, he refused an amendment by a fellow Republican that would have specified that the “religious freedom” could not be used to discriminate against others.

Ironically, says Graham, Georgia doesn’t have that many protections for LGBT people in the first place.

“This is a preemptive strike against the LGBT community,” he says. “If this bill is not intended to allow discrimination, why were its sponsors so adamant about refusing to say so?”

McKoon’s bill passed the Republican-dominated State Senate on March 5, and now heads to the State House, where Republicans have a 2:1 advantage over Democrats, and where representatives have shelved their own version of the bill to try to pass McKoon’s version.

The combination of these factors has led to a curious result: a law so strict that it will lead to a host of unintended consequences—and has even led some Republicans to oppose it.

Some legal commentators have said that the law would give a pass to spousal and child abusers, as long as the husband (or father) has a religious pretext. Which is easy to provide; the Christian Domestic Discipline Network, for example, offers a host of rationales for “wife spanking.” And let’s not forget Proverbs 13:24: “He who spares his rod hates his son. But he who loves him disciplines him diligently.”

Georgia has numerous laws protecting child welfare, which is arguably a compelling state interest. But are such laws really the “least restrictive means” of protecting it? Not necessarily. At the very least, the laws offer a novel defense against assault and battery.

Or maybe not so novel. Graham says, “We have found cases where people used their religious views as an excuse to impede an investigation into child-endangerment and child-abuse charges. They were not ultimately successful, but they did slow down the investigations.”

With the new law, they would be far better armed. In fact, says Graham, conservative district attorneys in Macon and Marietta have said that the bill would impede investigations and prosecutions of child abuse.

Indeed, Georgia’s RFRA recently gained an unlikely opponent: Mike Bowers, the former attorney general of Bowers v. Hardwick fame. As some may recall, that was the Supreme Court case that upheld Georgia’s anti-sodomy law—and Bowers was the named plaintiff.

In an open letter to Graham (PDF), Bowers said that the law is “unequivocally an excuse to discriminate….[P]ermitting citizens to opt-out of laws because of a so-called burden on the exercise of religion in effect ‘would permit every citizen to become a law unto himself.’”

This perhaps is one reason why conservatives like Bowers and the D.A.s in Macon and Marietta stand opposed to it. As Bowers wrote, “this legislation is not about gay marriage, or contraception, or even so-called ‘religious freedom.’ It is more important than all of these, because it ultimately involves the rule of law.”

What is the future of Georgia’s RFRA?

The Georgia State House ends its session on April 2, and Graham predicts a tight vote. “This will probably go all the way to the final hours” of the session, he said.

Oddly, the most effective forces in killing Arizona’s “Turn The Gays Away” bill—corporations and the Chamber of Commerce—seem to be sitting this battle out. Maybe it’s because Arizona was bidding on a Super Bowl and Georgia isn’t. Or maybe it’s because no one is paying attention. But for whatever reason, the corporate silence is deafening.

This is especially the case for Coca-Cola, which has spent millions to brand itself as pro-gay (remember that Super Bowl ad?) but has been mum on the Georgia bill.

“For now, it appears that Coca-Cola has a relationship of convenience with the gay community,” said Bryan Long, executive director of the progressive organization Better Georgia, in an email to The Daily Beast. “The company promotes equality when it serves the brand but won’t stand up for us when we need it most.”

If big business, national media, and national LGBT organizations continue to sit on the sidelines, the bill’s fate may be a matter of vote-counting. The House bill had 59 cosponsors, out of 180 total members. But Graham pointed out that a pending non-discrimination bill has 78, including 19 Republicans. So it is up for grabs.

On the other hand, maybe those who claim to speak for “equality” will decide to actually do something about it.


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Feminists Don't Hate Men. But It Wouldn't Matter if We Did Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=30488"><span class="small">Jessica Valenti, Guardian UK</span></a>   
Sunday, 15 March 2015 13:57

Valenti writes: "When women hate men, we hurt their feelings. When men hate women, they kill us: mass shootings have been attributed to misogyny, and sexual and domestic violence against women is often fuelled by a hatred for women. That's why it's so hard to take seriously any claims that 'misandry' is a tremendous problem."

If a woman hates men, it has approximately zero effect on any given man. (photo: Alamy)
If a woman hates men, it has approximately zero effect on any given man. (photo: Alamy)


Feminists Don't Hate Men. But It Wouldn't Matter if We Did

By Jessica Valenti, Guardian UK

15 March 15

 

Hurting men’s feelings is not the same as life-threatening misogyny

ne of the most common derisive taunts thrown at feminists – and one of the oldest – is “manhater”. It’s been around since the days of suffrage, and still gets used today, though its a pretty anodyne insult. Most feminists, like me, shun the label and work to convince people that despite the stereotypes feminists absolutely, without a doubt, do not hate men.

But so what if we did?

It’s not that I recommend hating men or think it a particularly wise use of one’s time, but to each her own. Straight white men still hold the majority of political, economic and social power in the world, and everyone else struggles to make their lives work with less. So if the worst thing that happens to a man is that a woman doesn’t like him ...well, he has it pretty damn good. It’s not as if we’re living in some sort of Wicker Man-inspired dystopia, after all.

Besides, when women hate men, we hurt their feelings. When men hate women, they kill us: mass shootings have been attributed to misogyny, and sexual and domestic violence against women is often fuelled by a hatred for women.

That’s why it’s so hard to take seriously any claims that “misandry” is a tremendous problem – they’re based on the idea that merely insulting men is similar to the life-threatening misogyny women face worldwide. (Most recently, Newsday writer Cathy Young argued that men being called “mansplainers” or rape apologists is akin to the rape and death threats that women get online.)

But a younger generation of feminists has embraced what Slate writer Amanda Hess calls “ironic misandry”. Hess wrote last year that the rise in popularity of “male tears” mugs and man-hating inspired shirts and crafts serves as a sort of fuck-you to the constant barrage of harassment that feminists often face: “On its most basic level, ironic misandry functions like a stuck-out tongue pointed at a playground bully.”

Guardian contributor Jess Zimmerman – and self-proclaimed “misandrist witch” – told Hess: “It’s inhabiting the most exaggerated, implausible distortion of your position, in order to show that it’s ridiculous.”

In other words, calling ourselves misandrists is both a way of reappropriating one of the most common insults feminists weather, and a way to blow off some steam after a long day of fighting the same battles we did 30 years ago. And honestly, if feminists really hated men we’d probably come up with a better way to hurt them than funny t-shirts that insist that their tears are delicious. (Men may have some very sensitive parts, but even the manhating-est among us doesn’t go around kicking them willy-nilly.)

Despite all the fun-loving, internet-in-joke misandry, the vast majority of women and feminists do not hate men. Many of us might hate bad men: the sexists, misogynists and all-around jerks. But our hatred is just a feeling, and not something that can impact men in any meaningful or oppressive way.

Men who claim to be genuinely worried about man-hating or “misandry” are grasping at straws, and searching for a victim status that simply doesn’t exist. Guys are still doing pretty well, so let us have our “man-hating” fun while you go on ruling the world.

But keep one eye open. (Just kidding ... sort of.)


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FOCUS | US Intel Stands Pat on MH-17 Shoot-Down Print
Sunday, 15 March 2015 11:56

Parry writes: "Despite the high stakes involved in the confrontation between nuclear-armed Russia and the United States over Ukraine, the U.S. intelligence community has not updated its assessment on a critical turning point of the crisis - the shooting down of Malaysia Airlines Flight 17 - since five days after the crash last July 17, according to the office of the Director of National Intelligence."

The wreckage of MH-17. (photo: Reuters)
The wreckage of MH-17. (photo: Reuters)


US Intel Stands Pat on MH-17 Shoot-Down

By Robert Parry, Consortium News

15 March 15

 

Almost eight months after Malaysia Airlines Flight 17 was shot down over eastern Ukraine – creating a flashpoint in the standoff between nuclear-armed Russia and America – the U.S. intelligence community claims it has not updated its assessment since five days after the crash, reports Robert Parry.

espite the high stakes involved in the confrontation between nuclear-armed Russia and the United States over Ukraine, the U.S. intelligence community has not updated its assessment on a critical turning point of the crisis – the shooting down of Malaysia Airlines Flight 17 – since five days after the crash last July 17, according to the office of the Director of National Intelligence.

On Thursday, when I inquired about arranging a possible briefing on where that U.S. intelligence assessment stands, DNI spokesperson Kathleen Butler sent me the same report that was distributed by the DNI on July 22, 2014, which relied heavily on claims being made about the incident on social media.

So, I sent a follow-up e-mail to Butler saying: “are you telling me that U.S. intelligence has not refined its assessment of what happened to MH-17 since July 22, 2014?”

Her response: “Yes. The assessment is the same.”

I then wrote back: “I don’t mean to be difficult but that’s just not credible. U.S. intelligence has surely refined its assessment of this important event since July 22.”

When she didn’t respond, I sent her some more detailed questions describing leaks that I had received about what some U.S. intelligence analysts have since concluded, as well as what the German intelligence agency, the BND, reported to a parliamentary committee last October, according to Der Spiegel.

While there are differences in those analyses about who fired the missile, there appears to be agreement that the Russian government did not supply the ethnic Russian rebels in eastern Ukraine with a sophisticated Buk anti-aircraft missile system that the original DNI report identified as the likely weapon used to destroy the commercial airliner killing all 298 people onboard.

Butler replied to my last e-mail late Friday, saying “As you can imagine, I can’t get into details, but can share that the assessment has IC [Intelligence Community] consensus” – apparently still referring to the July 22 report.

A Lightning Rod

Last July, the MH-17 tragedy quickly became a lightning rod in a storm of anti-Russian propaganda, blaming the deaths personally on Russian President Vladimir Putin and resulting in European and American sanctions against Russia which pushed the crisis in Ukraine to a dangerous new level.

Yet, after getting propaganda mileage out of the tragedy – and after I reported on the growing doubts within the U.S. intelligence community about whether the Russians and the rebels were indeed responsible – the Obama administration went silent.

In other words, after U.S. intelligence analysts had time to review the data from spy satellites and various electronic surveillance, including phone intercepts, the Obama administration didn’t retract its initial rush to judgment – tossing blame on Russia and the rebels – but provided no further elaboration either.

This strange behavior reinforces the suspicion that the U.S. government possesses information that contradicts its initial rush to judgment, but senior officials don’t want to correct the record because to do so would embarrass them and weaken the value of the tragedy as a propaganda club to pound the Russians.

If the later evidence did bolster the Russia-did-it scenario, it’s hard to imagine why the proof would stay secret – especially since U.S. officials have continued to insinuate that the Russians are guilty. For instance, on March 4, Assistant Secretary of State for European Affairs Victoria Nuland fired a new broadside against Russia when she appeared before the House Foreign Affairs Committee.

In her prepared testimony, Nuland slipped in an accusation blaming Russia for the MH-17 disaster, saying: “In eastern Ukraine, Russia and its separatist puppets unleashed unspeakable violence and pillage; MH-17 was shot down.”

It’s true that if one parses Nuland’s testimony, she’s not exactly saying the Russians or the ethnic Russian rebels in eastern Ukraine shot down the plane. There is a semi-colon between the “unspeakable violence and pillage” and the passive verb structure “MH-17 was shot down.” But she clearly meant to implicate the Russians and the rebels.

Nuland’s testimony prompted me to submit a query to the State Department asking if she meant to imply that the U.S. government had developed more definitive evidence that the ethnic Russian rebels shot down the plane and that the Russians shared complicity. I received no answer.

I sent a similar request to the CIA and was referred to the DNI, where spokesperson Butler insisted that there had been no refinement in the U.S. intelligence assessment since last July 22.

But that’s just impossible to believe. Indeed, I’ve been told by a source who was briefed by U.S. intelligence analysts that a great deal of new information has been examined since the days immediately after the crash, but that the problem for U.S. policymakers is that the data led at least some analysts to conclude that the plane was shot down by a rogue element of the Ukrainian military, not by the rebels.

Yet, what has remained unclear to me is whether those analysts were part of a consensus or were dissenters within the U.S. intelligence community. But even if there was just dissent over the conclusions, that might explain why the DNI has not updated the initial sketchy report of July 22.

It is protocol within the intelligence community that when an assessment is released, it should include footnotes indicating areas of dissent. But to do that could undermine the initial certitude that Secretary of State John Kerry displayed on Sunday talks shows just days after the crash.

Pointing Fingers

Though the DNI’s July 22 report, which followed Kerry’s performance, joined him in pointing the blame at the Russians and the ethnic Russian rebels, the report did not claim that the Russians gave the rebels the sophisticated Buk (or SA-11) surface-to-air missile that the report indicated was used to bring down the plane.

The report cited “an increasing amount of heavy weaponry crossing the border from Russia to separatist fighters in Ukraine”; it claimed that Russia “continues to provide training – including on air defense systems to separatist fighters at a facility in southwest Russia”; and its noted the rebels “have demonstrated proficiency with surface-to-air missile systems, downing more than a dozen aircraft in the months prior to the MH17 tragedy, including two large transport aircraft.”

But what the public report didn’t say – which is often more significant than what is said in these white papers – was that the rebels had previously only used short-range shoulder-fired missiles to bring down low-flying military planes, whereas MH-17 was flying at around 33,000 feet, far beyond the range of those weapons.

The assessment also didn’t say that U.S. intelligence, which had been concentrating its attention on eastern Ukraine during those months, detected the delivery of a Buk missile battery from Russia, despite the fact that a battery consists of four 16-foot-long missiles that are hauled around by trucks or other large vehicles.

I was told that the absence of evidence of such a delivery injected the first doubts among U.S. analysts who also couldn’t say for certain that the missile battery that was suspected of firing the fateful missile was manned by rebels. An early glimpse of that doubt was revealed in the DNI briefing for several mainstream news organizations when the July 22 assessment was released.

The Los Angeles Times reported, “U.S. intelligence agencies have so far been unable to determine the nationalities or identities of the crew that launched the missile. U.S. officials said it was possible the SA-11 was launched by a defector from the Ukrainian military who was trained to use similar missile systems.” [See Consortiumnews.com’s “The Mystery of a Ukrainian ‘Defector.’”]

The Russian Case

The Russians also challenged the rush to judgment against them, although the U.S. mainstream media largely ignored – or ridiculed – their presentation. But the Russians at least provided what appeared to be substantive data, including alleged radar readings showing the presence of a Ukrainian jetfighter “gaining height” as it closed to within three to five kilometers of MH-17.

Russian Lt. Gen. Andrey Kartopolov also called on the Ukrainian government to explain the movements of its Buk systems to sites in eastern Ukraine and why Kiev’s Kupol-M19S18 radars, which coordinate the flight of Buk missiles, showed increased activity leading up to the July 17 shoot-down.

The Ukrainian government countered by asserting that it had “evidence that the missile which struck the plane was fired by terrorists, who received arms and specialists from the Russian Federation,” according to Andrey Lysenko, spokesman for Ukraine’s Security Council, using Kiev’s preferred term for the rebels.

Lysenko added: “To disown this tragedy, [Russian officials] are drawing a lot of pictures and maps. We will explore any photos and other plans produced by the Russian side.” But Ukrainian authorities have failed to address the Russian evidence except through broad denials.

On July 29, amid this escalating rhetoric, the Veteran Intelligence Professionals for Sanity, a group of mostly retired U.S. intelligence officials, called on President Barack Obama to release what evidence the U.S. government had, including satellite imagery.

“As intelligence professionals we are embarrassed by the unprofessional use of partial intelligence information,” the group wrote. “As Americans, we find ourselves hoping that, if you indeed have more conclusive evidence, you will find a way to make it public without further delay. In charging Russia with being directly or indirectly responsible, Secretary of State John Kerry has been particularly definitive. Not so the evidence.”

But the Obama administration failed to make public any intelligence information that would back up its earlier suppositions.

Then, in early August, I was told that some U.S. intelligence analysts had begun shifting away from the original scenario blaming the rebels and Russia to one focused more on the possibility that extremist elements of the Ukrainian government were responsible, funded by one of Ukraine’s rabidly anti-Russian oligarchs. [See Consortiumnews.com’s “Flight 17 Shoot-down Scenario Shifts”and “Was Putin Targeted for Mid-air Assassination?”]

German Claims

In October, Der Spiegel reported that the German intelligence service, the BND, also had concluded that Russia was not the source of the missile battery – that it had been captured from a Ukrainian military base – but the BND still blamed the rebels for firing it. The BND also concluded that photos supplied by the Ukrainian government about the MH-17 tragedy “have been manipulated,” Der Spiegel reported.

And, the BND disputed Russian government claims that a Ukrainian fighter jet had been flying close to MH-17, the magazine said, reporting on the BND’s briefing to a parliamentary committee on Oct. 8. But none of the BND’s evidence was made public — and I was subsequently told by a European official that the evidence was not as conclusive as the magazine article depicted. [See Consortiumnews.com’s “Germans Clear Russia in MH-17 Case.”]

When the Dutch Safety Board investigating the crash issued an interim report in mid-October, it answered few questions, beyond confirming that MH-17 apparently was destroyed by “high-velocity objects that penetrated the aircraft from outside.” The 34-page Dutch report was silent on the “dog-not-barking” issue of whether the U.S. government had satellite surveillance that revealed exactly where the supposed ground-to-air missile was launched and who fired it.

In January, when I re-contacted the source who had been briefed by the U.S. analysts, the source said their thinking had not changed, except that they believed the missile may have been less sophisticated than a Buk, possibly an SA-6, and that the attack may have also involved a Ukrainian jetfighter firing on MH-17.

Since then there have been occasional news accounts about witnesses reporting that they did see a Ukrainian fighter plane in the sky and others saying they saw a missile possibly fired from territory then supposedly controlled by the rebels (although the borders of the conflict zone at that time were very fluid and the Ukrainian military was known to have mobile anti-aircraft missile batteries only a few miles away).

But what is perhaps most shocking of all is that – on an issue as potentially dangerous as the current proxy war between nuclear-armed Russia and the United States, a conflict on Russia’s border that has sparked fiery rhetoric on both sides – the office of the DNI, which oversees the most expensive and sophisticated intelligence system in the world, says nothing has been done to refine the U.S. assessment of the MH-17 shoot-down since five days after the tragedy.


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FOCUS | The Orwellian Re-Branding of "Mass Surveillance" as Merely "Bulk Collection" Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29455"><span class="small">Glenn Greenwald, The Intercept</span></a>   
Sunday, 15 March 2015 10:05

Greenwald writes: "Just as the Bush administration and the U.S. media re-labelled 'torture' with the Orwellian euphemism 'enhanced interrogation techniques' to make it more palatable, the governments and media of the Five Eyes surveillance alliance are now attempting to re-brand 'mass surveillance' as 'bulk collection' in order to make it less menacing (and less illegal)."

Edward Snowden. (photo: NBC News)
Edward Snowden. (photo: NBC News)


The Orwellian Re-Branding of "Mass Surveillance" as Merely "Bulk Collection"

By Glenn Greenwald, The Intercept

15 March 15

 

ust as the Bush administration and the U.S. media re-labelled “torture” with the Orwellian euphemism “enhanced interrogation techniques” to make it more palatable, the governments and media of the Five Eyes surveillance alliance are now attempting to re-brand “mass surveillance” as “bulk collection” in order to make it less menacing (and less illegal). In the past several weeks, this is the clearly coordinated theme that has arisen in the U.S., U.K., Canada, Australia and New Zealand as the last defense against the Snowden revelations, as those governments seek to further enhance their surveillance and detention powers under the guise of terrorism.

This manipulative language distortion can be seen perfectly in yesterday’s white-washing report of GCHQ mass surveillance from the servile rubber-stamp calling itself “The Intelligence and Security Committee of the UK Parliament (ISC)”(see this great Guardian editorial this morning on what a “slumbering” joke that “oversight” body is). As Committee Member MP Hazel Blears explained yesterday (photo above), the Parliamentary Committee officially invoked this euphemism to justify the collection of billions of electronic communications events every day.

The Committee actually acknowledged for the first time (which Snowden documents long ago proved) that GCHQ maintains what it calls “Bulk Personal Datasets” that contain “millions of records,” and even said about pro-privacy witnesses who testified before it: “we recognise their concerns as to the intrusive nature of bulk collection.” That is the very definition of “mass surveillance,” yet the Committee simply re-labelled it “bulk collection,” purported to distinguish it from “mass surveillance,” and thus insist that it was all perfectly legal.

This re-definition game goes as follows: yes, we vacuum up and store literally as much of the internet as we possibly can. Then we analyze all the data about what you’re doing, with whom you’re speaking, and who your network of associates is. Based on that analysis of all of you and your activities, we then read the communications that we want (with virtually no checks and concealing from you what percentage of it we’re reading), and store as much of the rest of it as technology permits for future trolling. But don’t worry: we’re only reading the Bad People’s emails. So run along then: no mass surveillance here. Just bulk collection! It’s not mass surveillance, but “enhanced collection techniques.”

One of the many facts that made the re-defining of “torture” so corrupt and indisputably invalid was that there was long-standing law making clear that exactly these interrogation techniques used by the U.S. government were torture and thus illegal. The same is true of this obscene attempt to re-define “mass surveillance” as nothing more than mere innocent “bulk collection.”

As Caspar Bowden points out, EU law is crystal clear that exactly what these agencies are doing constitutes illegal mass surveillance. From the 2000 decision of the European Court of Human Rights in Amann v. Switzerland, which found a violation of the right to privacy guaranteed by Article 8 of the European Convention on Human Rights and rejected the defense from the government that no privacy violation occurs if the data is not reviewed or exploited:

The Court reiterates that the storing of data relating to the “private life” of an individual falls within the application of Article 8 § 1 . . . . The Court reiterates that the storing by a public authority of information relating to an individual’s private life amounts to an interference within the meaning of Article 8. The subsequent use of the stored information has no bearing on that finding (emphasis added).

A separate 2000 ruling found a violation of privacy rights even when the government is merely storing records regarding one’s activities undertaken in public (such as attending demonstrations), because “public information can fall within the scope of private life where it is systematically collected and stored in files held by the authorities.”

That’s why an EU Parliamentary Inquiry into the Snowden revelations condemned NSA and GCHQ spying in the “strongest possible terms,” pointing out that it was classic “mass surveillance” and thus illegal. That’s the same rationale that led a U.S. federal court to conclude that mass metatdata collection was very likely an unconstitutional violation of the privacy rights in the Fourth Amendment.

By itself, common sense should prevent any of these governments from claiming that sweeping up, storing and analyzing much of the Internet — literally examining billions of communications activities every week of entire populations — is something other than “mass surveillance.” Yet this has now become the coordinated defense from the governments in the U.S., the U.K., Canada, New Zealand and Australia. It’s nothing short of astonishing to watch them try to get away with this kind of propagnadistic sophistry. (In the wake of our reports with journalist Nicky Hager on GCSB, watch the leader of New Zealand’s Green Party interrogate the country’s flailing Prime Minister this week in Parliament about this completely artificial distinction.)

But — just as it was stunning to watch media outlets refuse to use the term “torture” because the U.S. government demanded that it be called something else — this Orwellian switch in surveillance language is now predictably (and mindlessly) being adopted by those nations’ most state-loyal media outlets.

Last night, I was on the BBC program Newsnight to discuss the new report. As usual, they decided to interview me first, and then interview a security services official after me, so that I could not respond to what the official said. In this case, the interviewee after me was former GCHQ director David Omand (last seen refusing to answer a difficult question about surveillance from the U.K.’s often-excellent Channel 4 by literally walking away from the interview, insisting he had to catch a train).

The somewhat contentious BBC interview from last night is worth watching, in part because Omand literally demands that there be no more surveillance disclosures or debate because The Committee Has Spoken (also a clearly coordinated message). But it’s worthwhile even more so because this interview illustrates the “bulk collection” language fraud that is now being perpetrated with the eager help of the largest media outlets in these countries:


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LAPD Helicopters Flying Overhead Don't Deter Crime. They Antagonize Minorities Print
Sunday, 15 March 2015 08:03

Khan writes: "The Los Angeles Police Department recently revealed that it is using helicopters to fly over high-crime areas as a way of deterring criminals. This tactic is being touted as 'cutting edge' by the police - but it is anything but that."

That eye in the sky is hardly going to make residents feel safe. (photo: Elliott Brown/flickr)
That eye in the sky is hardly going to make residents feel safe. (photo: Elliott Brown/flickr)


LAPD Helicopters Flying Overhead Don't Deter Crime. They Antagonize Minorities

By Hamid Khan, Guardian UK

15 March 15

 

This “preventive policing” tactic is not innovative - it’s offensive

he Los Angeles Police Department recently revealed that it is using helicopters to fly over high-crime areas as a way of deterring criminals. This tactic is being touted as “cutting edge” by the police - but it is anything but that. It will further criminalize and violate the privacy of black communities, as well as other people of color, who are already disproportionately affected by police abuses in the city.

This isn’t the first time that overhead surveillance has been used to collect information on communities of color in the greater Los Angeles area. The Atlantic revealed last year that in 2012, the Los Angeles Sheriff’s Department had secretly used a civilian aircraft to spy on Compton residents, who are overwhelmingly people of color. For nine days the department collected high-resolution aerial video footage of the neighborhood, without informing the community.

There is already an overwhelming amount of racial profiling of Los Angeles’ black community - and counterterrorism programs are worsening the situation. The black community has been impacted three times more than non-black Los Angelenos by counter-terrorism programs like Suspicious Activity Reporting (SAR).

LAPD was the launching pad of the National Suspicious Activity Reporting initiative in March 2008, following the 9/11 commission report, as a counterterrorism program to help “connect the dots”. This counterterrorism program defines suspicious activity in very vague terms that encourages a speculative standard of suspicion, enabling police officers to base their interventions on hunches and stereotypes.

These policies are not limited to law enforcement personnel. Programs such as iWATCH, with the tagline “See Something, Say Something”, actively recruit community informants to report on perfectly legal activity. This fosters a culture of suspicion and fear, reinforces social biases, and racial, ethnic, and religious profiling.

According to a recent audit of the program, 30% of the people suspected of “suspicious activity” and slated for further counterterrorism investigation at “fusion centers” - which are government-run warehouses of intelligence gathering, storing and sharing - are black. That figure rises to 50% in black women, despite black communities comprising less than 10% of the city’s population.

These policing methods are promoted as a set of techniques that will allow law enforcement agencies to identify criminal threats and prevent crimes. But there is little evidence that they are effective deterrents. In 2012, a scathing Senate report called such intelligence gathering at fusion centers “flawed, useless, irrelevant” and expressed deep concern that intelligence gathering was “more often than not unrelated to terrorism”.

When LAPD Deputy Chief Michael Downing, who also heads the department’s counterterrorism bureau, was asked to comment on the Senate audit he responded by saying: “There’s a lot of white noise, but there are occasionally gold nuggets”. Yet he did not know if any of these case had led to a conviction.

At the core of this “surveillance industrial complex” lies a complex web of information gathering, storing, and sharing. LAPD’s eye in the sky is not operating in isolation but is incorporated into the department’s massive architecture of surveillance that deploys human resources and electronic equipment.

Such policies systematically incentivize racial profiling, ride roughshod over the right to privacy and erode the principle of innocent until proven guilty. By assuming certain individuals or behaviors are suspicious, this new style of speculative policing treats people as guilty until proven innocent. They are tools of social control masked by the rhetoric of national security and public safety - and there is simply no excuse for them.


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