Epic Fail in Congress: USA PATRIOT Act Renewed Without Any New Civil Liberties Protections

News Update by Kevin Bankston

Yesterday evening, the U.S. House of Representatives voted overwhelmingly to renew three expiring provisions of the USA PATRIOT Act, after the Senate abandoned the PATRIOT reform effort and approved the extension by a voice vote on Wednesday night.

Disappointingly, the government's dangerously broad authority to conduct roving wiretaps of unspecified or "John Doe" targets, to secretly wiretap of persons without any connection to terrorists or spies under the so-called "lone wolf" provision, and to secretly access a wide range of private business records without warrants under PATRIOT Section 215 were all renewed without any new checks and balances to prevent abuse. Despite months of vigorous debate, when PATRIOT renewal bills providing for greater oversight and accountability were approved by the Judiciary Committees of both the House and the Senate, Democratic leaders' push for reform fizzled in the face of staunch Republican opposition buoyed by recent hot-button events such as the attempted bombing of an airliner on Christmas Day and the shooting at Fort Hood.

Why the 'Don't ask, don't tell' policy is doomed

By David B. Rivkin Jr. and Lee A. Casey
Saturday, February 13, 2010; A21

When the Pentagon's top brass announced last week that they no longer believe military unit cohesion suffers from the presence of openly gay men or women in the ranks, they effectively transformed a policy question into a legal one, to which the answer is clear: Congress can no longer mandate discrimination in the armed forces on the basis of sexual orientation.

In the 2003 case Lawrence v. Texas, the Supreme Court struck down a Texas law criminalizing same-gender sexual relations, reasoning that such conduct was part of a constitutionally protected liberty interest. The court also suggested that the Texas statute was vulnerable to challenge as a denial of equal protection of the laws. And it is application of the equal protection doctrine to the military's professional assessment of the impact that openly gay service members have on combat effectiveness that is likely to be the end of "don't ask, don't tell."

Related? Cyber War-Game scheduled for Feb. 16
________________

.. the KB971033 update is scheduled to deploy to the manual downloading "Genuine Microsoft Software" site on February 16, and start pushing out automatically through the Windows Update environment on February 23.

Who Owns Your PC? New Anti-Piracy Windows 7 Update "Phones Home" to Microsoft Every 90 Days

Greetings. Sometimes a seemingly small software update can usher in a whole new world. When Microsoft shortly pushes out a Windows 7 update with the reportedly innocuous title "Update for Microsoft Windows (KB971033)" -- it will be taking your Windows 7 system where it has never been before.

And it may not be a place where you want to go.

Need to Trim Corrections Spending, Governor? Stop Wasting Money on the Death Penalty!
Created 01/11/2010 - 1:27pm
By Natasha Minsker

If Gov. Schwarzenegger thinks he can cut $3.5 billion from state spending on corrections, he is being unrealistic and impractical.

In his state of the state address Wednesday, Gov. Schwarzenegger promised to restore the California dream by increasing funds for education and cutting funds for prisons in the budget proposal he releases today. That’s a great theory. But his only real proposal is to outsource prison administration to private companies. The state’s powerful prison guards’ union will ensure that plan fails. Meanwhile, the governor continues to slash education, health care, and other vital services.

So let’s consider something the governor can actually do right now to make a serious dent in the corrections budget: convert all 700 death sentences in California to permanent imprisonment saving the state $1 billion over the next five years.

California Court Slams Wardens for Illegally Stopping Motorists Over Lobsters

California Court of Appeal smacks down Department of Fish and Game for stopping and searching cars without authority.

The California Court of Appeal for the Fourth District on Tuesday ruled that a state agency may not pull over and search a motorist on a mere hunch that a lobster might be hidden in the vehicle. The court considered the case of Bounh Maikhio, a motorist stopped by Department of Fish and Game Warden Erik Fleet on August 19, 2007 at 11pm. That evening, Fleet had been spying through a telescope on the Ocean Beach pier in San Diego when he saw Maikhio put something into his bag.

All twelve links will open in this window, so be sure to click the back button to come back

Taser abuse videos

http://www.youtube.com/results?search_query=police+taser+abuse&search_ty...
________________________

Federal appellate court limits cops' use of Tasers

A federal appeals court on Monday issued one of the most comprehensive rulings yet limiting police use of Tasers against low-level offenders who seem to pose little threat and may be mentally ill.

In a case out of San Diego County, the 9th U.S. Circuit Court of Appeals criticized an officer who, without warning, shot an emotionally troubled man with a Taser when he was unarmed, yards away, and neither fleeing nor advancing on the officer.

Sold as a nonlethal alternative to guns, Tasers deliver an electrical jolt meant to subdue a subject. The stun guns have become a common and increasingly controversial tool used by law enforcement.

There have been at least nine Taser-related fatalities in the Sacramento region, including the death earlier this month of Paul Martinez Jr., an inmate shot with a stun gun while allegedly resisting officers at the Roseville jail.

http://www.sacbee.com/topstories/story/2425481.html
_________________________

Sacramento Sheriff McGinness defends Taser use after ruling

http://www.sacbee.com/crime/story/2427227.html
_________________________

Why Are Cops Tasering Grandmothers, Pregnant Women and Kids?

http://www.aclusac.org/node/196
_________________________

Death reignites Taser debate

Over the weekend, a Sacramento man joined the growing tally of people who have died after police attempted to subdue them with Tasers.

Under the radar, Obama pushes for Patriot Act renewal

Feingold expresses frustration over Senate version

Richard Moore
Investigative Reporter

With key sections of the U.S. Patriot Act set to expire [Update: Extended for two months by the House] Dec. 31, the Obama administration - essentially tiptoeing through the corridors of Congress and using the raucous health care debate as cover - has quietly maneuvered for renewal of the controversial provisions, which he opposed as a senator.

Perhaps the most contentious measure is the business records provision, also known as the library provision, which allows the government to seek a court order forcing private entities such as banks, hospitals, and libraries to hand over "any tangible thing" - from library circulation records to medical records - officials think is relevant in a terrorist investigation.

That is a patently false implied message by the government. The message is that the disputed sections have only been used in terrorism investigations, and are used judiciously, and fairly, ... is not supported by fact. And the contention that there are court orders involved in everything they want to do, is an insult to our intelligence - National Security Letters, and their abuse

[...]

This is a very good article

http://www.lakelandtimes.com/main.asp?SectionID=9&subsectionID=9&article...

Click

What you should know

On December 31, 2009, three provisions of the Patriot Act will sunset. [Update: The House tabled the legislation, automatically extending the disputed sections for two more months] This is the perfect opportunity for Congress to examine all of our surveillance laws and amend those that have been found unconstitutional or have been abused to collect information on innocent people, including last year's changes to the Foreign Intelligence Surveillance Act (FISA) and the Attorney General Guidelines (AGGs).

Despite the many amendments to these laws since 9/11, congress and the public have yet to receive real information about how these powerful tools are being used to collect information on Americans and how that information is being used. All of these laws work together to create a surveillance superstructure – and Congress must understand how it really works to create meaningful protections for civil liberties.

The ACLU's recent report, Reclaiming Patriotism, provides more information on parts of the Patriot Act that need to be amended.