Showing posts with label gag order. Show all posts
Showing posts with label gag order. Show all posts

28 January 2015

UPDATED: Fugitive Founder Julian Assange And Wikileaks Consider Legal Action Against U.S. Government And Google For Illegal Search And Seizure Of Gmails And Other Data Without Notice From Google Of Wkiileaks' Journalists

       Wednesday, 28 January 2015. GENEVA - Wikilleaks and its fugitive editor Jullian Assange through one of their lawyers Michael A. Ratner is demanding information and details about the search and seizure of three of Wikileaks' "whistleblowing" journalists' emails and other data by the Department of Justice (DOJ) and provided by Google pursuant to warrant(s) issued over two-and-one-half years ago. Since the subjects never were notified by Google of this demand for their private communications and data they thus were prevented from fighting the warrants in court. The New York Times in the below linked article reports that they are considering initiating a court action now against DOJ and Google related to this action and the failure to notify them.
       Google Chairman Eric Schmidt issued a statement that it was the "policy" of Google to inform parties in instances where such information was demanded but implied that despite Google's desire to do so the failure here was due to a gag order issued against Google "which sadly happens quite often". Google previously has taken legal action against the Government as to such demands for private information as well as the Government's wholesale collection of such information by "grabbing it out of the air" as in the well-publicized case of the NSA breaking Google's code for internal data point-to-point transmissions as part of the NSA's collection of metadata on all Americans and others without regard for "reasonable suspicion", "probable cause", nor any other limitation.
       However the facts here are instructive to all members of the public with Google accounts as they seem to demonstrate Google whatever claims Google may make as to the security of Gmail and other "private" data apparently it in reality is not willing ultimately to go to any efforts whatsoever to help protect the privacy of individuals' Gmail and other "private" data from disclosure to the Government. Google's Eric Schmidt gave no indication at all that Google makes any effort in such cases to fight a Government "gag order" so as even to alert Google account holders so that they can mount a legal defense as to even wrongfully issued search and seizure orders in violation of the Fourth Amendment. Therefore false claims aside Google rolls over immediately without any fight even regarding giving notice to individuals that the Government has sought their Gmails and "private" data. In conclusion Google gave the Government individuals' Gmail and other "private" data without any fight whatsoever because when faced with a gag order Google did not even contest it so that the individuals could at least mount their own defense.
       "Gag orders" are particularly anathema to a free society which places a premium on freedom of speech and the press and are a form of "prior restraint" which is repugnant to the most core values of the United States Constitution. Since the Wikileaks' journalists' Gmails and other "private" data unfortunately entrusted to Google obviously were in no danger of being destroyed by the journalists and it is not as if since the disclosures of Edward Snowden especially Wikileaks is unaware it has been a prime target of U.S. Government presumably officials unwilling to operate in the public eye but prosecute whomever they can so as to shut then up so as to continue to operate protected by the "dark cloak of secrecy" hidden from public scrutiny the issuance of "gag orders" here is yet another example demonstating that they know they likely not only cannot withstand public scrutiny but even a legitimate challenge leveled against them in open court.
       This is but one more example of why individuals should consider applying for an invitation to a free ProtonMail email account based in Switzerland as described in any earlier post as others such as Hushmail and Statmail ultimately are susceptible to government intrusion whether by pressure on the Canadian government in British Columbia in the case of Hushmail or otherwise as to supposedly "secure" email encrypted accounts. Likewise if computer users do not wish to be tracked by governments or anyone else the stand-alone favorite is the "Tor" browser which can be researched on Wikepedia and other sites and freely downloaded from the internet.
       Despite Google's well-publicized seemingly antagonistic relationship to the U.S. Government executive branch in this area this must at the same time be tempered by Google's widely known ventures with the executive branch. One example is with the C.I.A. through that agency's In-Q-Tel investment arm providing services to several national intelligence agencies here in a joint venture with Google Ventures in the web monitoring package of the company Recorded Future described as the "the ultimate tool for open-source intelligence". Open-source intelligence is publicly available information from a wide variety of sources which can be amassed and organized to provide reputedly valuable intelligence information by any party. Readers interested in more detail regarding the above and other national security agency investment relationships with Google are referred initially to the wired.com article at the link http://www.wired.com/2010/07/exclusive-google-cia/.
       Finally as to the Obama Administration's DOJ under departing Attorney General Eric Holder that department has undertaken unprecedented efforts to prosecute sources of unauthorized leaks of "security" information notably including aggressively using legal process against journalists and the press to attempt to force them to reveal their sources. This was demonstrated most recently in the subject of the immediately preceding Ninth Amendment post regarding the espionage conviction earlier this week of former C.I.A. agent Jeffrey Sterling which included efforts ultimately dropped to force New York Times reporter James Risen to reveal his source whose identity in the end was identified not by Mr. Risen but by reportedly very strong circumstantial evidence presented at Mr. Sterling's trial.
       The circumstances of these various legal actions and others in their totality would seem to point to a certain amount of ambiguity in the Obama Administration's perceived espoused concerns for the protection of privacy and freedom of speech rights of individuals and the press versus the reality of the unprecedented or continuing actions of the Obama Administration that seemingly intrude on them to a degree rarely or never seen before.
       
http://www.nytimes.com/2015/01/27/world/europe/wikileaks-assails-google-and-the-us.html?mabReward=A4&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine

Copyright 2015 Martin P. All World Rights Expressly Reserved

08 October 2014

Run Amok FBI And Other Federal "National Security" Domestic Spying Outfits Get Hypocrites Obama And Holder Appeal Assist Against Tech Companies Including Google, Microsoft Corp., Facebook Winning Suit Against Federal Government Issuing Prior Restraint Gag Orders In Attempt To Prevent Release By Techs Of Lists Of Unwelcome Federal Unconstitutional Demands For Customer Information, Twitter Too Sues Federal SuperSnoops For Breadth Of Spying Imposed On Twitter After Failed "Talks"

       Wednesday, 8 October 2014, SAN FRANCISCO, CA - Not being satisfied with Courts allowing their widespread unconstitutional snooping on and invading the privacy of all Americans with neither warrants, court orders, or even articulated suspicion hypocritical Obama/Holder supported U.S Government federal spying agencies now having lost a lower court decision allowing tech companies in unwelcome receipt of such orders to invade their customers privacy and "directing" them to engage in this clear fundamental constitutional rights invasion on behalf of the federal government at least under the lower federal court's order to disclose such unwelcome requests and disclosures to customers including even in aggregate numbers because such blanket "gag orders" constitute "prior restraint" which is the most repugnant restraint in jurisprudence of core first amendment rights including to freedom of speech and the press.
       Since these federal spying agencies which hypocrite President Barack Obama and Attorney General Holder exactly as promised not to do when Obama first ran for Presidential office seeking to distinguish himself from former not-elected "President" Bush have not been restrained but instead continued to be supported as official State policy to run ever further totally amok even in the face of even worsening abuse of the People's constitutional and other legal rights much less forget about moral and ethical restraints (terms that long ago fell out of the State's vocabulary) naturally they again are screaming "national security" as they insist on trampling one right after another even in such ridiculous circumstances as below. Someone needs to tattoo Benjamin Franklin's admonition on these dangerous idiots' foreheads. Twitter too agrees reportedly having given up on lengthy "negotiations" with the State for ordering the use of social media as yet another spying tentacle of untold proportions with the State now having totally alienated yet more of the great minds of a generation with the Federal State conspiracy of dunces at the table no doubt endlessly repeating the two words left they know "national security" ad nauseum forcing disgusted Twitter finally yesterday to throw up its hands and just sue the federal government as well.
       In the appeal scheduled to be heard by the Ninth Circuit Court of Appeals in San Francisco today Federal spy agencies including the FBI plan to expound on the same old tired arguments that their attempts not only to proceed with their clearly unconstitutional demands of telecom, internet and tech companies but even to "gag" unwilling companies from disclosing the fact of the demands even in the aggregate as a threat calling "such secrecy 'vital' in national security cases because public disclosure could interfere with the probe or endanger someone's physical safety," which phrase the Ninth Amendment could just bet the State cut and pasted out of about one million other specious fictitious "legal briefs". This with more details is reported today in the Reuters article linked to below. Sure aggregate disclosure of such information is going to "endanger someone's physical safety".  And if readers believe that we have got a whole warehouse of "like new" United States Constitutions that are no longer in use by the current federal government that we would like to sell you. Not really please do not be in touch.
       It should be obvious we would think to most at this point the bigger threat to anyone's physical safety is not these telecom, internet, and tech companies being forced to snoop by federal spy agencies that have proven incapable of doing their jobs the right (and incidentally legal) way not being "gagged" from disclosing even aggregates of lists of such "requests by force" in violation of yet further fundamental core Constitutional rights.
       The biggest threat to the American people's personal safety, the Nation's security, and everyone's liberty with the continuing State assaults decimating the sacred text of the Constitution which ironically is the only compact which affords the State any legitimacy in the first place as revealed particularly by continuing careful disclosures of the State's seemingly endless voluminous mountains of misdeeds and attempted cover-ups from Edward Snowden's vast library of cautiously distributed documents has now been revealed to all as none other than these State federal executive "national security" agencies run wild out-of-control screaming "fire" in every crowded theater and hollering "national security" (like the loser alcoholic morphine crazed Senator Joseph McCarthy and his opportunistic posse whose "Red Baiting" no one even the venerable (at that time) Supreme Court dared rein in for fear of life, liberty and career until McCarthy simply virtually disintegrated into the nothing at all that he was) in every legal case the Feds wish to strong-arm the judiciary into backing down and letting the "national security" hysteria junkies "win" for fear that otherwise the Court doubtless will be ordering the end of the world.
       These are nothing more than cases where as in the usual course of human experience those with far too little experience are allowed way too much power and thus will use it inevitably until they are "corrupted absolutely" as long ago observed by Lord Acton so here now they wish to holler on about spying domestically on ordinary citizens that is each of us (and doubtless one day themselves as well) with near zero correlation to any valid "national security" concern that they are likely to discover. These are cases the Department of Justice would have been ashamed to argue in better times and so it should be now. And what the heck are they so eager to be "probing" all the time anyway. Can one not go to jail or some rehabilitative institution or at least a proctologist for doing so much probing.

http://www.reuters.com/article/2014/10/08/us-security-telecommunications-hearing-idUSKCN0HX0IN20141008?feedType=RSS&feedName=topNews

Copyright 2014 Martin P. All World Rights Expressly Reserved

22 March 2014

New Tanguska "Situation HQ" In World's Most Remote Region Site Of 1908 "Tanguska Event" Announced By Ninth Amendment Editorial Board

       Saturday, 22 March 2014, TANGUSKA, SIBERIA - Hello everybody. If London's Privy Council, the Queen, MI5 and all the rest are content to let Great Britain's transparently faux Commonwealth "shining example" (oh, yes, just like Canada, sure) corrupt ruling party New Zealand "leadership" continue its divebomb into a full-fledged mafia state, at least it is pretty far away down there at the bottom of the Earth servicing the McMurdo Naval Air Station landfill and wildlife sanctuary.
       Recent affirmations of court-enforced years-long totally perversely misused "gag orders" reminiscent of any number of things no doubt King George III would have done protecting the simultaneously "robust and powerful' and at the same time dead-doggie "vulnerable" National Party President "mob boss" Goodfella must have been a foregone conclusion in the onslaught of the overpowering tautological ever-dramatically persuasive Lady Harley despite an evident enduring inability to reason or think. At least if things get too far out of hand "Eye Five" can pack it in for Western Australia.  
      For a band of "free speaking" American voices whose greatest desire has been to  preserve, protect and promote the blessings of liberty bestowed on our Great Nation and ourselves through the remarkable insight and brilliance of a group of totally committed Patriots we have learned that just the simple practice of ONE act of freedom can and often has demanded vigilant struggle to maintain that which by compact already is ours the people from whom ALL power emanates and where it resides.
       We were not "geeks" during the period of our formal education, and in the exponential development of technology since then which clearly by its very nature can leverage power immensely, we have no confidence whatsoever that such developments justify massive shifts of  power within a society from those who strove to be well-rounded and open-minded to those who without the strictest supervision can unleash the once unimaginable destruction of life, liberty and the pursuit of happiness.
       Please excuse erratic interruptions in regular posts here in quite some time.  Many may be surprised how often although one may see an apparent dearth of readers' comments which have always been freely accepted uncensored here, an unfortunately high number of persons particularly in the past year apparently unable to express themselves in words have all too often chosen to do so criminally meaning our editorial staff has had to trail at times a stream of we do not even know what, hard drives, repeaters, industrial spools of cable, bug with laser detectors, routers, switches, hire-powered wireless adapters and who knows what.
     Finally a message to our overzealous readers of which we are confident we have none,  Should you be interested in the most remote area of the earth first mentioned above, we as always encourage our readers to follow up on that which catches their interest here and they may care to further explore. The "Tanguska Event" which took place in Siberia in 1908 has never been adequately explained although it devastated something like 80 square miles of trees and landscape and is believed to have unleashed the force of something like 30 megatons of TNT.  No evidence of a meteor, asteroid or any evidence of radioactivity was found on harrowing expeditions. The closest stop to the site on the Trans-Siberian Railway is 450 miles away, temperatures in winter of 45 degrees below zero. The ice melts in the Spring becoming entirely muddy swamp and water with the worst mosquito population in the world. In other words this Tanguska is NO place to go lay a redux of John Krakauer's Into The Wild.

Copyright 2014 Martin P. All World Rights Expressly Expressly Reserved