MEDIA ROOTS — From warrantless wiretapping to SMART meter invasion of privacy, it seems everywhere we turn we are allowing erosion of our rights to privacy.  Meanwhile, the state wants it both ways, as it’s pushed to stifle police transparency by outlawing videotaping of on-duty cops in some states.  Legal scholar and professor Jonathan Turley, has noted the absurdity of that move:  “The police are basing this claim on a ridiculous reading of the two-party consent surveillance law—requiring all parties to consent to being taped. I have written in the area of surveillance law and and can say that this is utter nonsense.”

As the U.S.A. undergoes unprecedented erosion of human rights, ACLU affiliates filed hundreds of public records requests last summer with law enforcement agencies regarding their policies for tracking cell phones.  And now the results have been made public.  “While virtually all of the over 200 police departments […] said they track cell phones,” according to the newly released documents, almost none demonstrate probable cause nor obtain warrants.”

Messina

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ACLU — In January, the Supreme Court issued a landmark decision in U.S. v. Jones, ruling unanimously that when the D.C. police and the FBI attached a GPS device to Antoine Jones’s car and tracked him for 28 days, they violated the Fourth Amendment. But now the government — instead of fixing the way it conducts this kind of invasive surveillance — has simply set its sights on another way to obtain people’s location information: their cell phones.

Late last week, during preliminary proceedings before Jones’s retrial, his attorney revealed that prosecutors have also obtained records showing the location and movement of Jones’s cell phone over the course of five months. Since the GPS data from Jones’s car was thrown out by the Supreme Court, it seems the prosecution intends to use Jones’s cell phone data to get another bite at the apple. Like the GPS device on the car, the government was able to obtain the cell phone information without a probable cause warrant. Instead, it only had to claim that the data was “relevant and material” to an ongoing investigation.

Unfortunately, this story is all too common. As a recent nationwide ACLU public records request revealed, hundreds of law enforcement agencies engage in cell phone tracking on a regular basis. Many of these agencies obtain cell phone location data without getting a warrant and demonstrating probable cause.

The government is clearly trying to avoid the main point of the Jones decision. If using a GPS device to track a car’s movements over time requires a warrant based on probable cause, then surely law enforcement must be held to the same standard when obtaining the same type of information about an individual’s cell phone. If anything, that data is even more sensitive, since most people take their cell phones with them wherever they go. Moreover, many popular smartphones now include GPS, which means that in some cases we’re talking about exactly the same technology.

Requiring the government to obtain a warrant based on probable cause before engaging in any kind of electronic location tracking is necessary to protect Americans’ privacy, and it’s also what the Constitution requires. A few of the law enforcement agencies that responded to our public records request told us that they do hold themselves to a standard requiring a warrant and probable cause. This strikes the right balance between privacy and public safety. Rather than dancing around the issue, it’s time for the government to fully accept the Court’s Jones decision, and respect that ordinary Americans shouldn’t have to worry about the government tracking their every move.

State and federal lawmakers should pass laws requiring a warrant for police to engage in location tracking in non-emergency situations. In Congress, there are two pending bipartisan efforts, entitled the Geolocation Privacy and Surveillance (GPS) Act, which would require law enforcement agents to obtain a warrant in order to access location information.

TAKE ACTION: Tell your representatives in Washington to support these important pieces of legislation.

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MEDIA ROOTS – Big Brother surveillance cameras that bark orders at you are already in full effect in London and could be coming soon to the US. Luke Rudkowski, Abby Martin and Mark Dice made an entertaining video highlighting the issue so San Diego residents can be aware of the scary and very likely possibility of Big Brother barking the “laws” at you in your neighborhood.

Abby

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Big Brother Barking Orders at You

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Luke Rudkowski: www.youtube.com/wearechange

Mark Dice: www.youtube.com/theresistance

MEDIA ROOTS — The shameless political minions of insidious U.S. plutocrats and oligarchs continue to push civil rights down the memory hole.  The latest power grab by Washington elites is H.R. 347, also known as the “Federal Restricted Buildings and Grounds Improvement Act of 2011.”  Furtively tucked away in this ordinary legislation lies a new tool for the ruling-class to further neutralize popular protest and political dissent. 

The bill effectively outlaws the ability of U.S. citizens to protest near any politician or people who are under Secret Service protection.  This means, for example, the President and Vice President of the United States are now effectively immune to public protest.  The list of people provided with Secret Service protection is long and can arbitrarily grow under their discretion.  H.R. 347 was signed by President Obama on March 8, 2012 and enacted soon thereafter.

This law continues the dismantling of First Amendment rights and largely gives police the prerogative to subjectively arrest any person that “impedes or disrupts the orderly conduct of Government business or official functions.”  Furthermore, this political will to snuff out free speech also enables cops to detain any person who “engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds….”  In light of upcoming, headline-grabbing events like the NATO Summit in Chicago and the Republican National Convention in Tampa come August, it seems that this legislation has been premeditated and enacted in a very timely manner. 

Adam Miezio

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INFORMATION LIBERATION — Don’t you just love Congress, where almost no bills actually are what they say on the tin? There’s some buzz building online about the “Federal Restricted Buildings and Grounds Improvement Act of 2011″ (or HR 347), which has been positioned as a simple updating of trespassing laws concerning federal grounds. However, as some are pointing out, hidden in there is quite the Easter egg that effectively outlaws protests near people who are “authorized” to be protected by the Secret Service (mainly the President and Vice President, but it could include a lot more as well). Only three Representatives voted against it, including Rep. Justin Amash who explained his concerns via Facebook: 

“Some government officials may need extraordinary protection to ensure their safety. But criminalizing legitimate First Amendment activity — even if that activity is annoying to those government officials — violates our rights. I voted “no.” It passed 388-3.”

You know all those stories we’ve had about people being arrested for filming police? Quite often those people are charged with disorderly conduct — which often seems to boil down to “that person did something law enforcement doesn’t like.” To then take that and say that anything that constitutes disorderly conduct on the grounds of a building where someone who is protected by the Secret Service is a crime, it appears to be wide open to abuse, and a pretty clear restriction on the free speech rights of anyone wishing to engage in normal and healthy protest of our political process.

On top of that, the punishment can be pretty severe. You can get up to a year in jail for being found guilty of these things, and that jumps up to 10 years if you are carrying a “deadly or dangerous weapon.”

As Amash notes, there are legitimate safety concerns to be aware of, and there are issues with doing something that significantly impedes government regulations. But it’s really not difficult to see how this bill could very, very easily be stretched to be used against those doing standard protesting against significant political figures.

Read more about Chipping Away At The First Amendment.

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FRONT PORCH POLITICS — Just when you think the government can’t possibly violate the First Amendment anymore than they already have, they up and surprise you.

Last week the House of Representatives approved a bill that outlaws protests where some government officials are nearby. Oh, and by the way this applies whether you know the officials are there or not!

They voted 388-3 in favor of HR347. The bill is being referred to as the Federal Restricted Buildings and Grounds Improvement Act or as we’ll refer to it as it should be called, “The Treasonous Trampling of the First Amendment Rights of American Citizens Under the Constitution Act” (TTFARACCA).

Now hold onto your hats here folks because this bill does not just apply to protests where you are in Washington, DC on a tourist escapade or some such vacation where you wish to engage in peaceful protest as your […] inalienable right. No, no my friends, this bill is written in such a way that [it] gives power to the government to bring charges against any American engaged in political protest anywhere in the country.

Currently, trespassers of the White House can be arrested and prosecuted under a local ordinance and obviously just as with any property such laws can and should be in place. However, to restrict peaceful protests simply because a government official might be within earshot of it is ridiculous. What is the point of protesting if the people you are protesting against don’t hear it?

Read more about Goodbye First Amendment Via New Trespass Bill.

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Photo by Flickr user JBrazito

MEDIA ROOTS — Michael Levitin, Editor of The Occupied Wall Street Journal, speaks at San Francisco State University about the Occupy Wall Street Movement and occupying the media at the ‘Media Literacy: Corporate Propaganda & Advocating Independent Journalism’ Project Censored event on March 13, 2012.

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Michael Levitin, Editor of the Occupied Wall Street Journal, at SFSU

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March 16, 2012

MEDIA ROOTS — Earlier this week, Pacifica Radio’s Flashpoints spoke with Project Censored Director, Mickey Huff to discuss various topics addressed in the new Project Censored 2012 Sourcebook.

Messina

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FLASHPOINTS — “You’re listening to Flashpoints on Pacifica Radio.  My name is Dennis Bernstein. 

“We are joined by Project Censored Director Mickey Huff.  There’s going to be an event held by Project Censored tomorrow at the Arlene Francis Center in Santa Rosa.  Mickey Huff, welcome back to Flashpoints.”

Mickey Huff (c. 52:02):  “Dennis, thanks so much for having us back.  We appreciate it.”

Dennis Bernstein:  “Well, it’s good to have you with us.  Why don’t you take a minute or two to talk about, I don’t know, what’s the latest corporate media outrage that’s on your mind?  I know that there’s a lot, a big selection.” 

Mickey Huff:  “Yeah. [Laughs]  Yeah, to have a few minutes for that.  I mean, gee, it’s overwhelming.  I mean just the reporting that’s been going on over the weekend concerning the alleged lone gunman.  And, certainly, you’ve covered that and some other people at KPFA and some independent media have been covering this.  And it’s always the case that it’s some lone gunmen and it’s one tragic disaster.  And it has nothing to do with the overall architecture of empire.  And the dots are never connected.  In terms of that type of framing and issues of censorship in the Obama Administration’s War on Whistleblowers and Journalists, it connects, at least in our minds at Project Censored, to Obama’s role in continuing the imprisonment of Abdulelah Haider Shaye in Yemen, who also revealed the significant involvement of the U.S. in the slaughter of civilians there that they later claimed to be militants.  He went and uncovered that material.  Jeremy Scahill has reported that.  Glenn Greenwald’s reported that.  The corporate media is completely silent on those types of things. 

“And, again, it also helps hide to the public the fact that these are not bad apples; these are not lone instances; these are not exceptions to the rule.  How many exceptions need to happen before it becomes the rule?  These are war atrocities.  War is terrorism.  And the media—the corporate media—in this country is complicit in, not only covering it up, but cheerleading it along the way.”

Dennis Bernstein (c. 53:48):  “I noted with Kathy Kelly, at the beginning of the show, that the mainstream media was saying there’s not nearly the response to this slaughter as there was, for instance, to the burning of the Quran.  But then we learn the so-called independent media supported by the U.S. government, was warned, ‘Shut it down or you’re gonna be punished.’  Sound familiar?”

Mickey Huff (c. 54:12):  “Yeah, it’s kind of amazing the collusion between government and these media organisations.  I mean, again, it’s easily, if anybody bothers to read the First Amendment they can see where there’s some problems here.  But the problem, really, goes further.  Again, the problem isn’t that just simply that these are horrible things that are happening.  These are things as you’ve mentioned earlier in the programme are things that come here at home in terms of the paramilitarisation of police against the Occupy Movement; H.R. 347, the new law that will basically criminalise dissent even if people are unaware that they are in an area that is a so-called restricted zone.  This is a continuation of the free speech pens under the Bush era. 

“And the thing that’s quite alarming is both in the corporate media and even among liberals, why is this okay when Obama does it?  Can one imagine the outcry in the streets if there was a Bush president and these types of things were going on?  I mean you would have a serious mobilisation of many people that are liberal.  Certainly, the peace movement is still somewhat active in some of these movements. 

“But because it’s an election year, there’s a serious tendency for people to say, well, there’s nobody else, but Obama.  We certainly can’t withstand a Santorum; or a Gingrich; or a Jeb Bush, dark horse out of the blue; or what have you.

“But, again, these people are turning a blind eye to, not again, not just these kinds of atrocities are being committed in Afghanistan and Iraq and Yemen and Syria and Libya.  But they’re acting as if, again, Obama is somehow different.  He has actually continued the trajectory of the Bush wars and attacks.  He has continued the illegality of them.  He has made real assassination strikes against U.S. citizens and drone attacks.  And he continues to be the worst president on record for attacking whistleblowers.”

Dennis Bernstein:  “Alright.  Let me jump in here, Mickey ‘cos I want to tell people what’s goin’ on. We’re speaking with Mickey Huff.  He is Project Censored’s Director.  They have an incredible new yearbook, Censored 2012 Sourcebook for the Media Revolution.  In Santa Rosa, there’s gonna be an event tomorrow night, there’s a reception 6-7pm, doors open from 7-9pm, at the Arlene Francis Center, 99 Sixth Street, Santa Rosa. 

“And if people want more information about what’s gonna happen, how do they get that, Mickey?”

Mickey Huff (c. 56:35):  “ProjectCensored.org is our website.  The event tomorrow:  Dispatches from the Media Revolution Project Censored 2012.  Again, food and refreshments, 6-7pm.  Arlene Francis Center for Spirit, Art, and Politics, a wonderful space in Santa Rosa in the North Bay.

“We’ll be hearing from Michael Levitin of the Occupy Wall Street Journal.  Nora Barrows Friedman, Electronic Intifada, also formerly with Flashpoints.  We’re delighted that you’ll be there to talk about your new book, Dennis.  Abby Martin of Media Roots.  Associate Director, Andy Roth.  Peter Phillips.  Carol Brouillet, long-time activist in the South Bay.  Paul Ray, 9/11 researcher.  Again, we’ll have many, many different people.  And we’d love to come out and meet everybody.  And talk to students and professors about the research we’ve done on the 2012 book.  And also foreshadow what’s going on for the near future.”

Dennis Bernstein (c. 57:18):  “And we want to let people know that if they can’t make it.  They can check it out on NoLiesRadio.org, right?”

Mickey Huff:  “That’s correct.  Allan Rees will be streaming the show live.  And we invite people to watch and to, again, make comments, stream, and, of course, if anybody has stories that they’re interested in seeing; get more of a voice and a megaphone because they are not being covered, whether it’s at Pacifica or any other media outlet, please nominate stories at ProjectCensored.org.”

Dennis Bernstein:  “Alright.  Mickey Huff, Director of Project Censored.  Hoping to see you tomorrow night at the Arlene Francis Center.  Starting at six o’clock for the reception.  Thanks, Mickey. 

Mickey Huff:  “Thanks so much, Dennis.  We appreciate being on.”

Transcript by Felipe Messina for Media Roots, Flashpoints, and Project Censored

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