US: Justice Department secretly seized AP reporters’ phone records
By Brendan Sasso and Jordy Yager – The Hill - 05/13/13
Federal prosecutors secretly obtained two months’ worth of telephone records of Associated Press journalists in what the news agency described Monday as a “massive and unprecedented intrusion.”
The Justice Department notified the AP on Friday that it had subpoenaed the records, which included more than 20 office, cellphone and home phone lines. The lines include the general AP office numbers in New York, Washington and Hartford, Conn., and the number for AP reporters in the House of Representatives press gallery.
The records included outgoing call numbers, the AP said, but it is unclear whether prosecutors also obtained incoming call numbers or the duration of calls. The news organization said it had no reason to think that the government listened in to the content of the calls. The government did not reveal why it seized the records, but the AP noted that federal officials have previously said they were investigating who had leaked information to the news service about a foiled terror plot in 2012. An AP story in May 2012 included details about a CIA operation in Yemen targeting al Qaeda operatives.
AP President and CEO Gary Pruitt called the action “a serious interference with AP’s constitutional rights to gather and report the news.”
Republicans were quick to criticize the Department of Justice (DOJ), saying that the invasion of privacy of a news outlet was just the latest example of an administration rife with problems. News of the AP probe broke as the White House is already fending off criticism of its handling of last year’s attacks on the embassy in Benghazi, Libya, and the revelation that the Internal Revenue Service had targeted conservative and Tea Party groups.
House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.) called the DOJ subpoena “very disturbing” and said he expected to team up with House Judiciary Committee Chairman Bob Goodlatte (R-Va.) to probe the issue further.
“If this question went to the Attorney General then he’s responsible and he should be held accountable for what I think is wrong,” Issa said on CNN. “On the other hand, if it didn’t go to him, the question is: when is the Justice Department going to take responsibility for what it does?
“There are serious problems at DOJ, this is just the latest one.”
Department policy requires that the attorney general sign off on all requests for reporter phone records. It is unclear whether Attorney General Eric Holder signed off in this case.
Rep. Frank Wolf (R-Va.), the chairman of the Appropriations subcommittee that oversees the Justice budget, said the department’s move was reminiscent of the wiretapping authorized by former President Nixon’s administration.
“It’s unbelievable,” said Wolf in an interview with The Hill after news of the story broke. “It kind of reminds you of the mid-70s.”
“It is the arrogance of power and paranoia. I think it’s shocking. It reminds me of the Nixon days. If they can do it to the AP, they can do to any news service in the country.”
Criticism also came from the left.
“The media’s purpose is to keep the public informed and it should be free to do so without the threat of unwarranted surveillance,” Laura Murphy, director of the ACLU’s Washington Office, said in a statement. “The Attorney General must explain the Justice Department’s actions to the public so that we can make sure this kind of press intimidation does not happen again.”
The AP’s Pruitt sent a letter on Monday to Holder protesting the seizure of records, demanding that the government return the call records to the AP and destroy its copies.
“There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters,” Pruitt said.
“These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP’s newsgathering operations, and disclose information about AP’s activities and operations that the government has no conceivable right to know.”
Federal regulations require that subpoenas for a reporter’s phone records be as “narrowly drawn as possible.”
White House press secretary Jay Carney referred questions about the probe to the Justice Department.
In a statement, the U.S. Attorney’s Office for the District of Columbia said it takes its legal obligations and department policies seriously when subpoenaing media phone records.
“Those regulations require us to make every reasonable effort to obtain information through alternative means before even considering a subpoena for the phone records of a member of the media,” the office said. “We must notify the media organization in advance unless doing so would pose a substantial threat to the integrity of the investigation.
“Because we value the freedom of the press, we are always careful and deliberative in seeking to strike the right balance between the public interest in the free flow of information and the public interest in the fair and effective administration of our criminal laws,” it said.
The FBI revealed in 2008 that it had subpoenaed the phone records of New York Times and Washington Post reporters in Indonesia as part of a terrorism investigation. The agency apologized for the incident, saying it failed to follow department policies.
Goodlatte said he planned to ask Holder “pointed questions” about the AP records on Wednesday when the attorney general is slated to testify during a general Judiciary oversight hearing.
“Any abridgement of the First Amendment right to the freedom of the press is very concerning,” said Goodlatte in a statement.
“The House Judiciary Committee will thoroughly investigate this issue and will also ask Attorney General Eric Holder pointed questions about it at Wednesday’s oversight hearing,” he said.
Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) also said he would be probing the issue further and looking into whether the government may have overstepped its bounds.
“The burden is always on the government when they go after private information – especially information regarding the press or its confidential sources,” said Leahy in a statement. “I want to know more about this case, but on the face of it, I am concerned that the government may not have met that burden. I am very troubled by these allegations and want to hear the government’s explanation.”
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Buckling to Bigotry: The Newseum Dishonors Murdered Palestinian Journalists
By Nima Shirazi | Wide Asleep in America | May 13, 2013
Just two days before Palestinians commemorate the 65th anniversary of the Nakba, the names of two Palestinian cameramen targeted and killed by Israeli airstrikes in Gaza last November were dropped from a dedication ceremony held to honor “reporters, photographers and broadcasters who have died reporting the news” over the past year. The move followed an Israel lobby pressure campaign led by anti-Palestinian organizations such as the Anti-Defamation League, the Foundation for the Defense of Democracies and the American Jewish Committee, efforts that were openly supported by the Israeli government.
The Atlantic Wire’s J.K. Trotter summarizes:
Two days after Washington, D.C.’s Newseum announced its intent to honor Hussam Salama and Mahmoud al-Kumi, who were killed in November while working as cameramen for the Middle East-based Al-Aqsa TV, the well-known temple of journalism has decided — for now — not to recognize Salama and al-Kumi, citing their employer’s deep ties to Hamas, a Palestinian organization currently designated by the United States as a terrorist group.
The Newseum, which honored 82 journalists on May 13, 2013, stated that it had “decided to re-evaluate their inclusion as journalists on our memorial wall pending further investigation,” even though just last week, in response to the hysterical reaction to Salama’s and al-Kumi’s initial inclusion, the museum had affirmed and defended their decision, noting that “the Committee to Protect Journalists, Reporters Without Borders and The World Association of Newspapers and News Publishers all consider these men journalists killed in the line of duty.”
Indeed, as Joe Catron notes, Reporters Without Borders has pointed out, “Even if the targeted media support Hamas, this does not in any way legitimize the attacks,” while the Committee to Protect Journalists “found that the Israeli military’s official justifications for its attacks on journalists…’did not specifically address CPJ’s central question: how did Israel determine that those targeted did not deserve the civilian protections afforded to all journalists, no matter their perspective, under international law?’”
The World Association of Newspapers and News Publishers includes both Salama and al-Kumi on its list of “69 Media Employees Killed in 2012,” as does the International Federation of Journalists in tis report, “In the Grip of Violence: Journalists and Media staff Killed in 2012.”
Human Rights Watch, in its December 20, 2012 report on “Unlawful Israeli Attacks on Palestinian Media,” concluded,
Four Israeli attacks on journalists and media facilities in Gaza during the November 2012 fighting violated the laws of war by targeting civilians and civilian objects that were making no apparent contribution to Palestinian military operations.
The attacks killed two Palestinian cameramen, wounded at least 10 media workers, and badly damaged four media offices, as well as the offices of four private companies. One of the attacks killed a two-year-old boy who lived across the street from a targeted building.
The Israeli government asserted that each of the four attacks was on a legitimate military target but provided no specific information to support its claims. After examining the attack sites and interviewing witnesses, Human Rights Watch found no indications that these targets were valid military objectives.
“Just because Israel says a journalist was a fighter or a TV station was a command center does not make it so,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “Journalists who praise Hamas and TV stations that applaud attacks on Israel may be propagandists, but that does not make them legitimate targets under the laws of war.”
HRW added, “The two men’s families, interviewed separately, said the men were neither participating in the fighting nor members of any armed group. Human Rights Watch found no evidence, including during visits to the men’s homes, to contradict that claim. Hamas’s armed wing, al-Qassam Brigades, has not put either man on its official list of killed fighters – an unlikely omission if the men had been playing a military role.”
For the Newseum to be bullied into omitting Salama and al-Kumi from its rededication ceremony by avowedly Zionist groups and right-wing media outlets demonstrates that the institution itself is no less a propaganda outfit than Al-Aqsa TV. This shameful last minute decision effectively grants the U.S. and Israeli governments the ability to decide who is and who is not a journalist and who should and who should not be honored for their work.
But the decision also reeks of hypocrisy and Manichean double standards.
The Newseum is essentially suggesting that sycophantic journalists parroting government propaganda may be legitimate targets in military operations and should be labeled combatants, rather than civilians who enjoy press freedoms and are subject to protection.
Yet this only extends as far as the U.S. State Department says it does.
The ADL’s Abe Foxman called Salama and al-Kumi “members of a terrorist organization advancing their agenda through murderous violence” and “terrorist operatives” who “were working for a propaganda outlet, not a legitimate news organization.” The AJC’s David Harris echoed these sentiments, labeling Salama and al-Kumi as “brazen terrorists” and “two individuals who were integral to the propaganda machine of the Hamas terrorist organization,” that could not be considered “a legitimate media operation.”
Such terms as “terrorism” and “terrorist” are perhaps the most loaded, politicized, exploited and, consequently, meaningless words in our current lexicon, employed as a bludgeon against critical thinking in order to reinforce “us vs. them” narratives.
Apparently, the Newseum has determined that our propaganda deserves respect and admiration, while their propaganda (in this case, documenting on camera the effects Israeli bombs and missiles have on the human flesh of Palestinian people at Gaza’s al-Shifa Hospital) should be condemned, targeted and investigated.
By this measure, plenty of alleged propagandists grace the memorial wall of the Newseum already, with more added during today’s ceremony.
Mohamed Al-Massalma, a freelance reporter for Al Jazeera, was killed by a sniper while covering the Syrian civil war in Busra Al-Harir in late January 2013. The Syrian journalist, working under the pseudonym Mohamed Al-Horani, was “an activist in the revolt against President Bashar al-Assad,” before joining Al Jazeera.
In January 2012, Mukarram Khan Aatif was gunned down in the Pakistani town of Shabqadar by members of the Pakistani Taliban. Aatif was a journalist working for Deewa Radio, the U.S. government’s Voice of America Pasto-language service. He was among those honored by the Newseum this year.
The taxpayer-funded Voice of America (VOA) and its affiliated services have been legally banned from broadcasting or distribution here in the United States for the past 65 years because of a Congressional act prohibiting the government from propagandizing to its own citizens. Only last year was this law reversed; the ban will be officially lifted this coming July 2013. VOA is literally U.S. government propaganda, yet its reporters are accorded due protection from violence, as they should be.
Another VOA journalist, Mohammed Ali Nuxurkey, was killed in an al-Shabab bombing in Mogadishu, Somalia, this past March There is no doubt he will be added the Newseum’s wall next year.
If any distinctions are to be made among different categories of journalists caught in the line of fire or deliberately targeted for murder, international law does not, in fact, favor the Foxman’s and Harris’ of the world.
While war journalists who are not embedded with troops or themselves soldiers taking direct part in hostilities are legally protected by the law of armed conflict, embedded reporters are not necessarily similarly protected.
According to international law professor Sandesh Sivakumaran, writing for the Oxford University Press, embedded journalists, while civilians, may be “casualties of lawful attacks” as “[t]he law allows for the targeting of troops and that targeting may result in bystanders or embedded reporters becoming casualties.”
Still, embedded journalists who were killed while accompanying American occupation forces in Iraq and Afghanistan – a policy promoted by the U.S. military in order to ensure positive reporting on American actions (some might call that propaganda) – have also rightly been accorded a place in the Newseum’s memorial. Journalists like Spanish reporter Julio Anguita Parrado and German correspondent Christian Liebig, killed by Iraqi missiles in an April 7, 2003 attack on the U.S. Army’s 3rd Division headquarters in Baghdad, are honored by the Newseum as is NBC News soundman Jeremy Little, killed in Fallujah in July 2003 while embedded with the Army’s 3rd Infantry.
Sivakumaran also explains that “[j]ournalists who work for media outlets or information services of the armed forces” are legally considered “members of the armed forces,” and therefore “don’t benefit from the protections afforded to civilians and their deaths don’t constitute a violation of the law.”
As such, the Newseum’s glaring duplicity is all the more evident when considering the case of James P. Hunter. A staff sergeant, reporter and photographer with the 2nd Brigade Combat Team, 101st Airborne Division, Hunter was killed on June 18, 2010 by an IED while covering the massive U.S. offensive taking place in Kandahar, Afghanistan, for The Fort Campbell Courier, an Army newspaper in Kentucky. He was an active duty soldier and the first Army journalist to die in combat since 9/11. Still, the Newseum saw fit to honor Hunter on its memorial wall.
Yet in the case of Salama and al-Kumi, “Israeli officials sought to justify attacks on Palestinian media by saying the military had targeted individuals or facilities that ‘had relevance to’ or were ‘linked with’ a Palestinian armed group, or had ‘encouraged and lauded acts of terror against Israeli civilians,’” according to Human Rights Watch. “These justifications, suggesting that it is permissible to attack media because of their associations or opinions, however repugnant, rather than their direct participation in hostilities, violate the laws of war and place journalists at grave risk.”
If repellant statements, including the justification of and praise for acts of violence against civilians, are the benchmark of propaganda and thereby constitute legitimate targeting for death by those opposed to such statements, then countless American journalists and commentators from across the political spectrum would be subject to the same fate as Salama and al-Kumi.
Warmongering and incitement abound in the editorial pages of The Washington Post and Wall Street Journal. Liberal commentators like Joe Klein and former White House spokesman Robert Gibbs exhalt the extrajudicial executions by flying robot of countless civilians, including a 16-year-old American citizen in Yemen and hundreds of children in Pakistan. Right-wing pundits like Jennifer Rubin and her friends at Commentary and The Weekly Standard openly advocate for the murder of Iranian and Palestinian civilians, endlessly call for permanent war and occupation, support torture and indefinite detention, advocate for the assassination of whistleblowers, scientists and foreign officials, and justify the war crimes of their preferred military forces and governments.
Just days before the car in which Salama and al-Kumi were traveling, marked clearly as a press vehicle, was blown up by an Israeli bomb, Rubin published a post praising the IDF assault on Gaza. Hardly able to contain her glee, Rubin anonymously quoted “an old Middle East hand” declaring that, after weeks of sporadic Israeli airstrikes (“a form of messaging to Hamas”), “the Israelis escalated. But still they are avoiding infrastructure, hitting pinpoint high-level Hamas target.”
A recent B’Tselem report on Israel’s actions last November, however, “challenges the common perception in the Israeli public and media that the operation was ‘surgical’ and caused practically no fatalities among uninvolved Palestinian civilians,” noting that, “in some cases at least, the [Israeli] military violated IHL [international humanitarian law] and in other cases there are substantial reasons to believe IHL was violated.” Israeli airstrikes killed 167 Palestinians in Gaza, at least 87 of whom were noncombatants, including 31 minors.
Two days after cheering Israeli war crimes, Rubin set her sights on a bigger target. “Israel can keep swatting down Hamas, using air power or, if need be, going into Gaza on land,” she wrote. “It has a solemn obligation to defend itself against what was a deliberate escalation by Hamas in the number and quality of weapons launched against Israel’s civilian population. But even with the most robust U.S. support this is not a long-term solution. That will only come when Iran is dealt with, either militarily or via regime change.”
Anyone arguing that Rubin could be targeted with violence for writing her opinions would be labeled sociopathic and lambasted for incitement, and for good reason. And there is no doubt that if correspondents from Israeli Army Radio or employees of the state-run Israel Broadcasting Authority were killed, they would be honored by the Newseum, without so much as a whiff of dissent, let alone outrage.
It is evident that, as always, Palestinians are subject to unparalleled scrutiny and suspicion due to the tireless defamation and lobbying efforts of big-moneyed Zionist organizations and ideological zealots.
But is it surprising that the Newseum should jump on this bias bandwagon?
In the late 1940′s, Bugsy Siegel’s former publicist Hank Greenspun was recruited by Jewish militias in Palestine to help them fight against both the occupying British and indigenous Palestinians. He hijacked a yacht and laundered $1.3 million through Mexico in order to smuggle machine guns stolen from the U.S. Navy in Hawaii to the prolific terrorist group Irgun, which had blown up Jerusalem’s King David Hotel the year before and would massacre the residents of Deir Yassin a year later. Soon thereafter, Greenspun was apprehended by the FBI while attempting to illegally ship surplus combat airplane engines to Haganah.
In 1950, he was convicted of violating the U.S. Neutrality Act and fined $10,000 for his arms deals. The same year, he purchased the Las Vegas Review-Journal and renamed it the Las Vegas Sun, serving as publisher for the next four decades.
Upon his death in 1989, former Israeli Prime Minister Shimon Peres called Greenspun “a hero of our country and a fighter for freedom – a man of great spirit who fought with his mind and his soul; a man of great conviction and commitment.” In 1993, a one-acre plaza in the Jerusalem Botanical Garden of Hebrew University was dedicated to him.
In 2006, the Greenspun Family donated $7 million to the Newseum, which named a terrace in his honor. It overlooks Pennsylvania Avenue.
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Activists: Facebook blocks Nakba group page
Ma’an – 14/05/2013
BETHLEHEM – A Facebook page promoting Nakba commemoration events in Jaffa was temporarily blocked overnight, Palestinian activists said Monday.
Fatima Huleiwi, an activist with Jaffa Youth, told Ma’an that it was not the first time that Facebook had blocked the group’s user page.
“When we published material urging people to support hunger striking prisoners, our pages were blocked. Last night the invitation to an event commemorating the Nakba anniversary in Jaffa was also blocked on several accounts for hours,” she said.
Sometimes right-wing Israelis report violations on the group’s Facebook pages, Huleiwi says, and as a result Facebook temporarily blocks the site for several hours.
Jaffa Youth has to send a complaint to Facebook before they eventually unblock the page, she added.
Members of Jaffa Youth will commemorate the 65th Nakba anniversary in Jaffa’s Clock Square from 10 a.m. to 7 p.m.
The event will include artistic activities and public discussions about the Nakba, with Dr. Thabet Abu Ras from Adalah, and Eitan Bronstein from Zochrot, or ‘remembering,’ among the participants.
“We will continue to prepare for this event and will try to make it the most prestigious commemoration of the Nakba in the Palestinian territories occupied in 1948,” Mahmoud Abu Arisha, an activist from Jaffa Youth, told Ma’an.
More than 760,000 Palestinians — estimated today to number 4.8 million with their descendants — were pushed into exile or driven out of their homes in the conflict surrounding Israel’s creation in 1948.
Around 160,000 Palestinians, who remained in Israel after 1948, now number around 1.36 million people, or 20 percent of the country’s population.
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UK spyware used against Bahraini activists – court witness
RT | May 12, 2013
UK spy technology was used against British citizen in Bahrain, new evidence filed in a UK high court has claimed. Activists are calling for a judicial review of the UK’s failure to hold firms accountable for sales of spy software to repressive regimes.
The evidence submitted contains a witness statement from Bahraini activist and writer Ala’a Shehabi, 30. She has both Bahraini and British citizenship, and is one of the founding members of Bahrain Watch, an independent research and advocacy organization set up following a security crackdown in the country in February 2011.
Shebabi became one of the targets of the FinSpy malware emails, developed by UK firm Gamma International, the Guardian reported.
The activist claimed she received four phishing emails from what appeared to be authentic email accounts after being released after detention.
The FinSpy software reportedly allows for surveillance of emails, social media messaging and Skype calls, and can retrieve files saved on an infected computer’s hard drive. It also can remotely operate microphones and cameras on computers and mobile phones.
“I have real concerns about the Bahraini regime having effective unfettered access to my computer, reading my emails and monitoring my calls. Not only is this a gross invasion of my privacy, I am concerned that it could put in danger from the Bahraini authorities myself, my family members and other activists,” the paper quoted Shehabi as saying.
In her witness statement, she claims that the first infected email was supposedly from Kahil Marzou, the deputy head of Bahrain’s main opposition party. Other emails purported to have come from an Al Jazeera journalist.
“It upset me a lot, scared me and made me feel quite paranoid. I am very concerned that it appears that a product of a British company,” she stressed.
The campaign group Privacy International (PI) in November reported that Gamma International is selling surveillance technology without a proper license. The technology sold is being used by 25 countries to spy on activists, who are later targeted by repressive regimes – a situation that “amounts to criminal conduct” on the part of the tech firms, the activist group said in an 186-page report it sent to Her Majesty’s Revenue and Customs (HMRC).
In the spring and summer of 2012, Bahraini activists, including Shehabi, received emails containing malware. After the University of Toronto’s CitizenLab investigated the case, it found evidence connecting the malware to FinSpy.
With this new witness statement, privacy rights groups are seeking to force the UK government to review exports of surveillance technology. The activists are pushing for a judicial review of the government’s apparent failure to investigate whether the sale of technology to repressive regimes is a breach of export-license controls.
In April, Privacy International filed an application for judicial review of HMRC over its role in allowing the export of advanced surveillance technology used by repressive regimes worldwide – including Bahrain – to spy on dissidents.
Privacy International’s lawsuit is over the government’s refusal to disclose whether it investigated UK-based Gamma International (GI). GI’s FinSpy software has allegedly been used by some two dozen countries worldwide.
“In the wrong hands, today’s surveillance technologies can have devastating effects, and the public, especially victims targeted by this surveillance, have a right to know what the UK government is doing about it,” said Eric King, head of research at Privacy International.
Gamma International, an Anglo-German company registered in the British Virgin Islands, denied reports it had sold to oppressive regimes, and maintained that it complies with export controls.
The UK’s Department for Business, Innovation and Skills advised Gamma International that FinSpy products have been controlled by EU legislation since 2000 and “require a license” in order to be sold outside the EU. This would require the tech firm to disclose the names of export customers.
Bahrain’s human rights violations
Bahrain’s human rights situation is “critical in the wake of the brutal crackdown on pro-democracy protesters that erupted in February 2011,” Human Rights Watch reported in December.
Police regularly use violence to disperse crowds of protesters, while Bahrainis, led by the country’s Shia Muslim majority, are continuing to protest, demanding greater rights and freedoms from the ruling Sunni minority.
More than 80 people have died in unrest since the pro-democracy protests begun in the February 2011 uprising, with thousands arrested and imprisoned and severe violence reportedly employed during the course of the arrests. Physical and psychological torture of prisoners to sign false confessions has also been reported.
New laws were passed in Bahrain in April making it illegal to insult the country’s king and national symbols, charges that carry five-year jail sentences.
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Jewish groups slam ‘Newseum’ for honoring Palestinian journalists killed by Israelis
Rehmat’s World | May 11, 2013
On May 13, 2013, Washington-based media museum, Newseum, will honor 84 journalists killed in line of duty in various countries in 2012. The list includes two cameramen, Hussam Salama and Mahmoud Al-Kumi, from Hamas-owned Al-Aqsa TV, who were killed by an Israeli air-strike while driving through Gaza City’s Nasser area inside a car clearly marked “TV” in November 2012.
On May 10, the Zionist embassy in Washington DC demanded that Newseum management remove Hussam Salama and Mahmoud Al-Kumi’s names from the honor list saying they’re members of Gaza-ruling Hamas, which Israel and the US have designated as a terrorist group.
The Simon Wiesenthal Center’s Rabbi Abraham Cooper, criticized Newseum saying: “Duct Tape on car with the letters TV does not a journalist make. A shameful decision based on a falsehood that besmirches the true heroes of journalism who died while pursuing their mission of seeking and reporting the Truth.”
“What would the legitimate martyred journalists like Daniel Pearl say as their heroism and humanity is debased and degraded?” Cooper asked.
Daniel Pearl, a US-Israeli Jewish citizen and Wall Street Journal reporter was kidnapped and killed in Pakistan allegedly working for Israeli Mossad. The Center itself is named after the so-called the “Father of Holocaust” Simon Weisenthal (1908-2005) who is described by Israeli historian, Tom Segev, as a fame-seeking myth-maker and an Israeli Mossad agent.
The Washington Free Beacon (May 10, 2013), a pro-Israel Jewish website quoted an adviser to a large Washington DC Jewish organization, saying: “They couldn’t have been legitimate journalists killed in the line of duty because they weren’t working for a legitimate media outlet. They were working for a designated terrorist organization that has a propaganda shop.“
On Friday, the Foundation for the Defense of Democracies (FDD), a Jewish-Israeli advocacy group, said it’s boycotting Newseum. “I will put a call to the CEO of the Newseum first thing tomorrow morning. I’m hoping he’ll tell me there’s been a misunderstanding – or a re-thinking once it became clear that these ‘journalists’ were members of designated terrorist organizations,” Cliff May, the Zionist Jewish president of the FDD, said in an email to BuzzFeed, a Jewish website.
Despite Israeli protest, Jonathan Thomson, spokesman for the Newseum said the two cameramen, who were killed by an Israeli air-strike, would remain on its roll of slain reporters. “Hussam Salama and Mahmoud Al-Kumi were cameramen in a car clearly marked “TV”. The Committee to Protect Journalists, Reporters Without Borders and The World Association of Newspapers and News Publishers all consider these men journalists killed in the line duty,” said the Newseum spokesperson.
The dedication ceremony will take place at the Journalist Memorial Gallery. The keynote speaker will be Jewish Richard Engel, chief foreign correspondent for NBC News. Last year, while on assignment in Syria – he along with other members of his crew were kidnapped by USrael-funded anti-Assad rebels and held hostage for five days. NBC identified the kidnappers as members of the Ahrar al-Sham brigade, an anti-Assad Wahabi militant group.
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Beaten for Filming a Beating, Woman Says
By RYAN ABBOTT | Courthouse News | May 10, 2013
BALTIMORE – Baltimore police beat up a woman and smashed her camera for filming them beating up a man, telling her: “You want to film something bitch? Film this!” the woman claims in court.
Makia Smith sued the Baltimore Police Department, Police Commissioner Anthony Batts and police Officers Nathan Church, William Pilkerton, Jr., Nathan Ulmer and Kenneth Campbell in Federal Court.
Smith claims she was stuck in stand-still rush hour traffic in northern Baltimore when she saw the defendant officers beating up and arresting a young man.
She says pulled out her camera, stood on her car’s door sill and filmed the beating.
“Officer Church saw plaintiff filming the beating and ran at her,” the complaint states. “He scared her and she sat back in her vehicle. As he ran at her, he yelled, ‘You want to film something bitch? Film this!’
“Officer Church reached into plaintiff’s car and grabbed her telephone-camera out of her hand, threw it to the ground and destroyed it by smashing it with his foot.
“Officer Church pulled plaintiff out of her car by her hair and beat her. Officers Pilkerton, Ulmer, and Campbell then ran to plaintiff’s car and joined Officer Church in beating plaintiff and arrested her using excessive force. At all times described herein, plaintiff’s two year old daughter witnessed her mother’s beating and arrest by the Officers, as did others.”
Smith claims the cops taunted her and threatened to take her daughter away. She says they refused to call her mother to her toddler.
“The officers, despite the pleas of plaintiff, refused to call plaintiff’s mother. Instead, the officers tormented plaintiff by telling her that her daughter would be taken from her and sent to Social Services. Seeing plaintiff’s distressful reaction to these tormenting threats, they continued,” the complaint states.
Smith says claims she was arrested and taken to jail on bogus charges that she assaulted Church and resisted arrest.
She claims Church failed to appear for her trial – twice, and prosecutors dropped the charges, but she had to hire a lawyer and spend more money recovering her impounded car.
She claims Baltimore police have a history of illegally seizing and destroying recording devices.
She seeks $1.5 million in compensatory and punitive damages for civil rights violations, conversion and infliction of emotional distress.
She is represented by Christopher Lyon, with Astrachan Gunst Thomas.
Police departments around the country have been accused of similar responses to citizens filming them abusing other people.
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California dad ‘begged for his life’ as police beat him to death – witnesses
RT | May 10, 2013
A California father of four died Wednesday shortly after a group of police allegedly beat him with batons as he lay defenseless on the sidewalk. Cops, before confiscating witness’ cameras, also reportedly unleashed a canine unit on him.
David Sal Silva, 33, allegedly resisted when police approached him to ask if he was who neighbors called about to complain of an intoxicated man in the area. The officers called for backup and, witnesses told the Bakersfield Californian, Silva was soon being beaten in the face and upper body by as many as nine policemen and their batons. At least one of the cops reportedly held a German Shepherd on a leash nearby.
Witnesses who had recorded the events on their cell phone cameras had the devices confiscated by officers, who claimed the footage was part of a police investigation that could yield evidence. The Sheriff’s Department has released the names of seven officers who were on the scene, but the identities of the California Highway Patrol police who were also there have not yet been made public.
“When I got outside I saw two officers beating a man with batons, and they were hitting his head so every time they would swing, I could hear the blows to his head,” said witness Ruben Ceballos, who told the Californian the noise was so loud it woke him up.
“His body was just lying on the street and before the ambulance arrived one of the officers performed CPR on him and another used a flashlight on his eyes but I’m sure he was already dead.”
Police have refused to comment, citing an ongoing investigation that could take years to complete, but relatives have demanded the cell phone footage be made public.
“My brother spent the last eight minutes of his life pleading, begging for his life,” said Christopher Silva, 31. “The true evidence is in those phone witnesses that apparently the sheriff deputies already took. But I know the truth will come out and my brother’s voice will be heard.”
An autopsy was completed Thursday but the cause of death’s release is pending a toxicology report and microscopic studies, the local coroner’s office told the Bakersfield Californian Friday.
The family has hired attorney David Cohn, who told reporters they plan to file a civil rights lawsuit in federal district court next week. He sent a letter formally requesting that law enforcement agencies do not tamper with the video evidence on the phones.
“We all know that a picture is worth a thousand words,” Cohn said. “And thank God we have concerned citizens who take video and pictures of incidents like this and who are ultimately policing the police … But we will get to the bottom of this and I ask the sheriff’s department once again, what are you hiding?”
9th Circuit: No Relief for Copyright Troll Righthaven
By Kurt Opsahl | EFF | May 9, 2013
The Ninth Circuit appeals court today turned down copyright troll Righthaven’s last ditch effort to salvage its failed business model, upholding the federal district court’s decision to dismiss its bogus copyright case on the grounds that it never actually held the copyrights it was suing under.
In one of the two cases decided together, EFF represents Tad DiBiase, a criminal justice blogger who provides resources for difficult-to-prosecute “no body” murder cases. Righthaven sued DiBiase in 2010 based on a news article that DiBiase posted to his blog. Instead of paying them off, DiBiase fought back with the help of EFF and its co-counsel at Wilson, Sonsini, Goodrich and Rosati, and helped drive Righthaven out of business.
The leading issue on appeal was whether a newspaper could transfer the right to sue for copyright infringement to a copyright troll, while retaining all other rights in the newspaper articles. (audio of argument) Under the Copyright Act, only the “owner of an exclusive right under a copyright is entitled … to institute an action for any infringement of that particular right committed while he or she is the owner of it.”
Righthaven attempted to get around this rule by drafting a document that pretended to transfer copyrights even as a secret agreement between Righthaven and Stephens Media, the newspaper publisher, ensured that Stephens retained all of the rights to exploit the news articles. As the Ninth Circuit noted, citing a story about Abraham Lincoln: “we conclude that merely calling someone a copyright owner does not make it so.”
Nor was the Ninth Circuit impressed by Righthaven’s argument that the court should implement its intent, even if the contract drafting was not up to snuff. “The problem is not that the district court did not read the contract in accordance with the parties’ intent; the problem is that what the parties intended was invalid under the Copyright Act.” Finally, the Court rejected a desperate attempt by Righthaven to retroactively revise their contract after it started to lose in the courts.
With that, the court affirmed the lower court decisions tossing Righthaven’s cases. Since it had found that the Righthaven had no legal standing, it also vacated the decision in the companion case, Righthaven v. Hoehn, that had found fair use as an alternative grounds on which Righthaven lost.
The troll problem continues to persist, especially porn trolls, but today’s decision effectively ends one pernicious species by establishing that copyright owners cannot sell the right to sue to attorneys looking to make a quick buck off the back of bloggers, while otherwise doing business as usual.
In the appeal, Righthaven was represented by a new attorney, Erik Syverson of Miller Barondess. Righthaven’s CEO and founder, Steven A. Gibson is now an attorney with Dickinson Wright. EFF, Colleen Bal and Evan Stern from the law firm of Wilson Sonsini Goodrich & Rosati, and Las Vegas attorney Chad Bowers represent Mr. DiBiase. The appeal was consolidated with Righthaven v. Hoehn. Mr. Hoehn is represented by Marc Randazza and Jay DeVoy of the Randazza Legal Group.
Related Case
Related articles
- Copyright troll Righthaven finally, completely dead (arstechnica.com)
- Righthaven Finally Bites the Dust; 9th Circuit Court of Appeals Confirms No Standing to Sue (righthavenvictims.com)
Obama to support Internet wiretapping program
RT | May 08, 2013
United States President Barack Obama is likely to endorse a Federal Bureau of Investigation effort that would ensure all Internet companies in the US provide a way for the government to conduct undetected, backdoor surveillance.
The FBI has been considering solutions to their so-called “Going Dark” problem as intricate methods of encryption and advances in technology have made it increasingly difficult for the federal government and law enforcement to gain access to online communications conducted in the shadows of the Web. Should the latest efforts of the FBI move forward, though, Internet companies that act as any conduit for correspondence of any kind would be heavily fined if they don’t include in their infrastructure a way for the government to eavesdrop on that dialogue in real time.
At a press conference in Washington, DC in March, FBI general counsel Andrew Weissmann said the Department of Justice was determined to have the means to wiretap any online communication by 2014 and called it “a huge priority for the FBI.” Further developments last month revealed that the FBI was considering a fine-based model under which Internet companies would be forced to comply or risk being penalized beyond repair.
On Tuesday, New York Times reporter Charlie Savage cited Obama administration officials as saying the president “is on the verge of backing” that very plan.
Savage explained that while companies would be allowed to operate without giving the government backdoor access, the fees would likely limit the number of entities willing to challenge the order. As RT reported last month, a company that doesn’t comply with the FBI’s orders would be fined $25,000 after 90 days. Additional penalties would then be tacked on every day an Internet service provider, website or other company fails to comply — with the price of the penalty doubling each day they don’t assist investigators.
“While the FBI’s original proposal would have required Internet communications services to each build in a wiretapping capacity, the revised one, which must now be reviewed by the White House, focuses on fining companies that do not comply with wiretap orders,” wrote Savage. “The difference, officials say, means that start-ups with a small number of users would have fewer worries about wiretapping issues unless the companies became popular enough to come to the Justice Department’s attention.”
Savage quoted a statement in his article from Weissmann in which the FBI attorney said, “This doesn’t create any new legal surveillance authority.” Instead, said Weissman, “None of the ‘going dark’ solutions would do anything except update the law given means of modern communications.”
“This always requires a court order,” he said.
Coincidently, that same issue has had major developments in its own right this week. On Wednesday morning, CNET reporter Declan McCullagh wrote that the Justice Department circulated memos in which they insisted that obtaining a search warrant isn’t necessary to eavesdrop on Internet communication of any sort.
“The US Department of Justice and the FBI believe they don’t need a search warrant to review Americans’ e-mails, Facebook chats, Twitter direct messages and other private files, internal documents reveal,” wrote McCullagh, citing a government documents obtained by the American Civil Liberties Union and provided to CNET.
According to McCullagh, those documents include very specific instructions from high-importance officials that demonstrate the Justice Department’s disinterest in applying established law when it comes to eavesdropping on Americans. While Weissmann made the argument that the FBI plan reportedly backed by the president won’t change what rules the DoJ operates by, the memos obtained by McCullagh paints the Obama White House as an administration unwilling to work with the already broad surveillance powers provided to it.
In one memo unearthed by the ACLU, McCullagh said the US attorney for Manhattan instructed his office that an easy-to-obtain legal paper that requires no judicial oversight is all that’s needed to obtain personal correspondence.
“[A] subpoena — a piece of paper signed by a prosecutor, not a judge — is sufficient to obtain nearly ‘all records from an ISP,’” McCullagh wrote.
In another instance, McCullagh said the US attorney in Houston, Texas obtained the “contents of stored communications” from another ISP without getting a judge to sign a warrant.
One current law that limits how and when authorities can obtain a suspect’s email pursuant to a criminal investigation, the Electronic Communication Privacy Act, provides that while a warrant is needed for relatively recent correspondence, a comparably easier to get administrative subpoena is all that’s required to get communication older than 180 days. Provisions of the ECPA have been largely unchanged since it was passed in the mid-1980s, but last month a Senate Judiciary Committee approved an amendment that would require a warrant in all instances.
In advocating for fewer restrictions when obtaining store communication, the FBI’s Wessmann said in April that another law, 1994’s Communications Assistance for Law Enforcement Act, needs to be expanded so investigators can leap over current hurdles that keep them from conducting real time wiretaps of online discussions.
“You do have laws that say you need to keep things for a certain amount of time, but in the cyber realm you can have companies that keep things for five minutes,” he said. “You can imagine totally legitimate reasons for that, but you can also imagine how enticing that ability is for people who are up to no good because the evidence comes and it goes.”
In the wake of the Boston Marathon bombing on April 15, renewed calls across the country have been made to make it easier for investigators to quickly conduct surveillance — in and off the Web. A recent poll found that roughly two-thirds of Americans favored more surveillance cameras in public places, and now the nation’s top law officials are asking for increased spy power not just on the streets but on the Web.
Earlier this month, Google Chairman Eric Schmidt said at a discussion in Washington, “When you come across an advocate for one thing — an advocate for security, and advocate for privacy — they’re often arguing from a position without understanding that it’s a two-edged sword.”
“For example, very strong encryption would allow you and I to have a very, very secure communication: If we were criminals, if we were dissidents, if we were martyrs or if we were just doing a little business,” he said. “If you could figure out a way to ban very strong encryption from evil people and only allow good people…then this would be easy,” he said.
Related articles
- Obama administration bypasses CISPA by secretly allowing Internet surveillance (alethonews.wordpress.com)
- Spy, or pay up: FBI-backed bill would fine US firms for refusing wiretaps (alethonews.wordpress.com)
- To Ease Internet Snooping, Feds Promise To Ignore Privacy Violations (reason.com)
Defend Assata, Defend Ourselves: The Black Is Black Coalition Rallies in Harlem
A Black Agenda Radio commentary by Glen Ford | May 8, 2013
In doubling the bounty on former Black Liberation Army member Assata Shakur’s head, the Obama administration is announcing that Black radicals are candidates for his Kill List. The message is as unmistakable and dramatic as the billboards that have been erected in Newark, New Jersey, and elsewhere screaming for the exiled freedom fighter’s blood.
One does not wind up on the FBI’s Most Wanted list based on the number of murders committed or millions of dollars stolen. The Most Wanted list is among the nation’s most political documents, in which individuals are meant to personify the scope and type of offenses that the U.S. government considers most in need of stamping out. The list is a kind of propaganda, a symbolic display of what the state considers dangerous behavior.
President Obama and Attorney General Eric Holder, the two Black men who are most responsible for making Assata Shakur the face of domestic terror in the United States, are fully conversant in the language of symbolism. They are publicly defining the Black liberation movement – or what’s left of it, or those who might attempt to revive it – as a priority domestic target for repression. Shakur, a 65-year old grandmother who has not left Cuba for the past 29 years, poses no physical danger to the American state. She represents a political threat, through her “ideology,” as brazenly stated by the FBI. The Bureau has marked Shakur for priority assassination on the basis of, in the FBI’s words, her “anti-U.S. government speeches espousing the Black Liberation Army message.” “Terrorism” is somehow inherent in the message of Black liberation. Advocacy of Black liberation, is the threat. The reward of $2 million is meant to silence Assata Shakur’s political speech, and remove her as a symbol of resistance to the U.S government.
For the National Security State, “terror” is a powerful word, with vast legal ramifications. The Obama administration is informing Americans and Cubans that Assata is as much fair game for assassination by drone as the late Anwar al-Awlaki. Barack Obama and Eric Holder are serving notice that those who share Assata’s ideology – as understood by the FBI – are subject to eradication as well, because it is an ideology of terror. And they are telling those who give “substantial support” to Assata that they are subject to detention by the U.S. military without trial or charge, for the duration of the war against “terror.”
The Black Is Back Coalition for Social Justice, Peace and Reparations will hold a demonstration on Thursday, May 9, from 5 to 7pm, in front of the Harlem State Office Building in New York City, to give substantial and unwavering support to the safety and freedom of Assata Shakur; Freedom for Sundiata Acoli and Sekou Odinga, Black Liberation Army members held in U.S. prisons; and Freedom for All Political Prisoners.
They tried to kill Assata in 1973, and their still trying. They tried to kill the Black liberation movement, but its not dead yet. Join the Black is Back Coalition and a host of other concerned organizations at the Harlem State Office Building, on 125th Street, at 5pm, on Thursday. Tell the real terrorists what you think about them, their austerity, their mass incarceration, and their wars.
Glen Ford can be contacted at GlenFord@BlackAgendaReport.com.
For more information, go to Black Is Back Coalition event Facebook page:
Expanding Security State
By affinis – Corrente – 05/06/2013
A few days ago, I noticed this piece at FDL: “’Homeland Security’ Spending Overtakes New Deal“
TomDispatch: this country has spent a jaw-dropping $791 billion on ‘homeland security’ since 9/11. To give you a sense of just how big that is, Washington spent an inflation-adjusted $500 billion on the entire New Deal.
Two indicators of the expanding security state that caught my attention in the last few days:
1. Glenn Greenwald: “Are all telephone calls recorded and accessible to the US government?“
2. A massive lockdown in the Madison WI area (where I live).
A fugitive, Paris Poe, whom the FBI wanted for parole violation and questioning in a murder investigation, was spotted at a hotel in a Madison, WI suburb. Poe had previously been imprisoned for armed robbery. A large area encompassing much of Vernona, Fitchburg, and part of Madison, WI was then essentially locked down and swarmed with SWAT teams in a day-long manhunt.
Reverse 911 calls were made to all landlines (about 30,000 homes) asking residents to lock their doors and remain inside. Police asked all the businesses in their area to close and lock their doors. All six schools in the area were placed on lockdown and surrounded by police. In Verona, no-one could enter or exit the schools. In some classrooms, children were told to crouch under their desks for hours. In some schools, children were herded into the gym. Children were prohibited from using the bathroom, since that would involve leaving their rooms, and were told to urinate in buckets. Parents could not pick up their children since entry or exit was prohibited. Once the lockdown was ended, parents were required to present ID to take their children home. During the escalating panic, it was stated that Poe was on the FBI’s most wanted list, but he was not.
Late in the day, Poe was arrested far outside the locked down area. He was apparently unarmed, faces no charges in WI, and will be transported back to IL. News stories here, here, here, here, here, here, here, and here.
Does anyone else see something wrong with this picture?
