The Obama administration has filed a brief in EFF's lawsuit against the government for its program of illegal, mass wiretapping of Americans, defending the practice, arguing that the lawsuit should be dismissed, endorsing the Bush administration's invented "State Secret" theory, and augmenting it with a new theory, that "the Patriot Act bars any lawsuits of any kind for illegal government surveillance unless there is "willful disclosure" of the illegally intercepted communications." This brief was not written by Bush cronies left behind by the outgoing administration: this is an invention of the Obama administration.
I don't expect the guy to walk on water, but I'd sure like it if he'd stop wallowing in the mud.
Every defining attribute of Bush's radical secrecy powers -- every one -- is found here, and in exactly the same tone and with the exact same mindset. Thus: how the U.S. government eavesdrops on its citizens is too secret to allow a court to determine its legality. We must just blindly accept the claims from the President's DNI that we will all be endangered if we allow courts to determine the legality of the President's actions. Even confirming or denying already publicly known facts -- such as the involvement of the telecoms and the massive data-mining programs -- would be too damaging to national security. Why? Because the DNI says so. It is not merely specific documents, but entire lawsuits, that must be dismissed in advance as soon as the privilege is asserted because "its very subject matter would inherently risk or require the disclosure of state secrets."
New and worse secrecy and immunity claims from the Obama DOJ
What's being asserted here by the Obama DOJ is the virtually absolute power of presidential secrecy, the right to break the law with no consequences, and immunity from surveillance lawsuits so sweeping that one can hardly believe that it's being claimed with a straight face. It is simply inexcusable for those who spent the last several years screaming when the Bush administration did exactly this to remain silent now or, worse, to search for excuses to justify this behavior. As EFF's Bankston put it:
"President Obama promised the American people a new era of transparency, accountability, and respect for civil liberties. But with the Obama Justice Department continuing the Bush administration's cover-up of the National Security Agency's dragnet surveillance of millions of Americans, and insisting that the much-publicized warrantless wiretapping program is still a "secret" that cannot be reviewed by the courts, it feels like deja vu all over again."
A Maryland judge today granted a retrial to Adnan Syed, whose conviction for the 1999 murder of his former girlfriend was the subject of the first season of the popular podcast “Serial.” Syed’s lawyer C. Justin Brown announced the news Thursday afternoon via Twitter, and confirmed to reporters later that the motion for a new […]
It’s been a day of “intrigue and betrayal” in UK politics, as the New York Times puts it. The man widely predicted to be a solid candidate as the next prime minister of Britain, Boris Johnson, says he won’t run. This appears to be a response to today’s unexpected news of a candidacy launch by […]
Maciej Cegłowski (previously) keynoted the Society for the Advancement of Socio-Economics conference with a characteristically brilliant speech about the “moral economy of tech” — that is, the way that treating social problems like software problems allows techies to absolve themselves of the moral consequences of their actions and the harms that result.
The realm of web development is constantly evolving. New platforms, languages, and processes materialize all the time, so staying on top of all that innovation is a tall order.Whether you’re brushing up on new tricks, starting from scratch, or just looking to make your own website a little jazzier, Rob Percival’s new Complete Web Developer Course 2.0 (now […]
Folks used to rely on alarms to protect their home – and before that, the family dog. Now, anyone looking to guard their homes can choose from some high-tech options, including the Amaryllo iCamPRO FHD Home Security Camera (now just $219 in the Boing Boing Store).In fact, this 2015 CES “Best of Innovation” award-winner boasts so many features, it’s […]
If you want a quality vaping experience, it’s usually going to cost you. Vaporizers that deliver a fast, controlled burn will set you back up to $300, which is why the FEZ Vaporizer (now just $99) is an absolute steal.The FEZ dry herb pen does everything that more expensive models handle at a reduced price. It heats up […]