November 27. 2009

SALON– Earlier this week, Kevin Drum said that “nine times out of ten” Obama’s policies are “pretty much what [he] expected” but that “the biggest one-time-out-of-ten where he’s not doing what [he] expected is in the area of detainee and civil liberties issues.”  Similarly, Andrew Sullivan cited “accountability for war crimes and civil rights” as among the very few issues on which he finds fault with Obama.  Matt Yglesias objects to those observations as follows:

Both Kevin Drum and Andrew Sullivan say they think most people are too hard on Obama, but express disappointment at his record on civil liberties issues. I agree that the civil liberties record hasn’t been exactly what I would have wanted, but I’m continually surprised that people are disappointed in this turn. Of all the things for an incumbent President of the United States to take political risks fighting for, obviously reducing the power of the executive branch is going to be dead last on the list. If you want to see civil liberties championed, that’s going to have to come from congress.

It’s interesting how what was once lambasted as “Constitution-shredding” under George Bush is now nothing more than:  Obama’s “civil liberties record hasn’t been exactly what I would have wanted.”  Also, the premise implicitly embedded in Matt’s argument is the standard Beltway dogma that there would be serious political costs from reversing the Bush/Cheney abuses of the Constitution and civil liberties.  The success of Obama’s campaign — which emphatically and repeatedly vowed to do exactly that  — ought to have permanently retired that excuse. 

Read more at SALON.

By Glenn Greenwald, Salon.com Writer

© SALON 2009

LA TIMES— The number of Americans being secretly wiretapped or having their financial and other records reviewed by the government has continued to increase as officials aggressively use powers approved after the Sept. 11 attacks. But the number of terrorism prosecutions ending up in court — one measure of the effectiveness of such sleuthing — has continued to decline, in some cases precipitously.

The trends, visible in new government data and a private analysis of Justice Department records, are worrisome to civil liberties groups and some legal scholars. They say it is further evidence that the government has compromised the privacy rights of ordinary citizens without much to show for it.

The emphasis on spy programs also is starting to give pause to some members of Congress who fear the government is investing too much in anti-terrorism programs at the expense of traditional crime-fighting. Other lawmakers are raising questions about how well the FBI is performing its counter-terrorism mission.

The Senate Intelligence Committee last week concluded that the bureau was far behind in making internal changes to keep the nation safe from terrorist threats. Lawmakers urged that the FBI set specific benchmarks to measure its progress and make more regular reports to Congress.

These concerns come as the Bush administration has been seeking to expand its ability to gather intelligence without prior court approval. It has asked Congress for amendments to the 1978 Foreign Intelligence Surveillance Act to make it clear that eavesdropping on foreign telecommunications signals routed through the U.S. does not require a warrant.

Law enforcement officials say the additional surveillance powers have been critically important in ways the public does not always see. Threats can be mitigated, they say, by deporting suspicious people or letting them know that authorities are watching them.

“The fact that the prosecutions are down doesn’t mean that the utility of these investigations is down. It suggests that these investigations may be leading to other forms of prevention and protection,” said Thomas Newcomb, a former Bush White House national security aide. He said there were half a dozen actions outside of the criminal courts that the government could take to snuff out potential threats, including using diplomatic or military channels.

Written by Richard B. Schmitt

© LA TIMES 2008

THE GUARDIAN– The rapid introduction of full body scanners at British airports threatens to breach child protection laws which ban the creation of indecent images of children, the Guardian has learned.

Privacy campaigners claim the images created by the machines are so graphic they amount to “virtual strip-searching” and have called for safeguards to protect the privacy of passengers involved.

Ministers now face having to exempt under 18s from the scans or face the delays of introducing new legislation to ensure airport security staff do not commit offences under child pornography laws.

They also face demands from civil liberties groups for safeguards to ensure that images from the £80,000 scanners, including those of celebrities, do not end up on the internet. The Department for Transport confirmed that the “child porn” problem was among the “legal and operational issues” now under discussion in Whitehall after Gordon Brown’s announcement on Sunday that he wanted to see their “gradual” introduction at British airports.

A 12-month trial at Manchester airport of scanners which reveal naked images of passengers including their genitalia and breast enlargements, only went ahead last month after under-18s were exempted. The decision followed a warning from Terri Dowty, of Action for Rights of Children, that the scanners could breach the Protection of Children Act 1978, under which it is illegal to create an indecent image or a “pseudo-image” of a child.

Continue reading about Body Scanners Breaking Child Porn Laws.

© COPYRIGHT THE GUARDIAN, 2010