Tag Archives: government

A Federal Surveillance Law Lapse

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A fairly broad range of FISA surveillance authorities held by the Federal government has lapsed, and that

has begun to limit the FBI’s ability to pursue some terrorism and espionage suspects….

Disagreements among the House, Senate, and White House over how much to renew and the degree of additional controls to be applied to what’s renewed combined with the Wuhan Virus situation to let Congress adjourn for the season and the situation without action.

I’m undismayed by this turn of events. In the first place, when Congress returns, it’s quite likely to work out these differences and renew the FISA authorities in some form—which, if done correctly, won’t be all bad.

However, given the decision by far too many in the FBI to not bother discriminating between suspects and political opponents, the lapse isn’t all bad, either. It’ll be worth the time if only necessary authorities are renewed, proper controls are put in place, and the miscreants in the FBI are terminated for cause along with those whose miscreancy was criminal brought to trial.

A Progressive-Democrat Governor’s View

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…of the intelligence and responsibility of American citizens, including particularly Kentucky citizens.

Kentucky Governor Andy Beshear (D) has said he’s going to identify, track, and isolate Kentucky citizens who dare go to their church’s Easter services. His excuse—and that’s all it is, a cynical rationalization—for his government’s surveillance of a broad swath of citizens is the present Wuhan Virus situation.

It’s for the greater good, you see.

I hear people say, “It’s my choice”. Well, it’s not the person next to you’s choice….

That’s plainly not true. It was the person next to you’s clear choice to be there, also, knowing full well the nature and the proximity of the company both of those individuals, and it was the clear choice of all of the rest of the congregation.

Neither is there anything in either the Free Exercise Clause or the Establishment Clause that says “except for when a State governor thinks better.” This is simply a confluence of two Progressive-Democrat ideologies: American citizens are too grindingly stupid to make their own decisions or to act intelligently (here, to govern their own post-service behavior), and religious freedom is just a phrase that’s gone out of vogue because, after all, the Constitution isn’t binding on anything.

Senator Rand Paul (R, KY) is on the right track:

Taking license plates at church? Quarantining someone for being Christian on Easter Sunday? Someone needs to take a step back here[.]

The Progressive-Democrat Beshear has no faith in the citizens of Kentucky or their ability to act intelligently, he wants Government to identify and surveil them and then control them, and he has no respect for Law.

Kentuckians might want to remember this at the next election for Governor, in three more years.

The Coming Wuhan Virus War

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Daniel Henninger worries about the next Wuhan Virus war (he refers to it with the more press’ saccharine, more politically correct label, “coronavirus” war).  This is a political war between the American Left and the rest of our American nation.

In the course of his piece, though, he had a couple of remarks that I’m not sure he really understood.

A federally led policy is appropriate in a national crisis like this.

Indeed, but federally led, not centrally led.

But once it passes, the issue will be whether to revert to the freest private economy we had in a generation or whether deeper, explicit social direction and economic protections by the national government are justified.

This depends entirely on whether Americans in general understand the difference between “federal government” and “central government.” That’s a distinction Progressives, Progressive-Democrats, and their “education” divisions of teachers unions have been working so hard for so long to muddy.

We’ll need to turn out in force in the coming election to prevent Progressive-Democrat destruction. Yes, that’s part of the war which worries Henninger—but the answer to Progressive-Democrats’ divisiveness and destruction cannot be, at this crossroads for our nation, simply to turn the other cheek or otherwise ignore attacks on our freedoms and our personal responsibilities.

Wuhan Virus Tracking

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Many nations are using cell phone data and/or apps installed on cell phones to track folks known to be infected in order to identify those persons’ contacts and to build up anticipatory data of pending and developing hotspots. This is intended to facilitate more efficient targeting of medical resources, to more efficiently target more limited populations, and so to more quickly free up economic resources and activity.

The US Federal government, working with the Centers for Disease Control and Prevention, is creating a portal that will compile phone geolocation data to help authorities predict where outbreaks could next occur and determine where resources are needed, though the effort faces privacy concerns.
… Alphabet Inc’s Google said Thursday it would share a portion of its huge trove of data on people’s movements.
Massachusetts Institute of Technology researchers have developed an app to track Covid-19 patients and the people they interact with, and are in talks with the federal government about its use, The Wall Street Journal has reported.

The EU is going even further, developing and propagating apps that track individuals, ostensibly with their permission.

These moves are being sold as necessary for the present situation, even though they badly risk individual privacy—cue Ben Franklin.

Such sales pitches would be believable—and stipulate arguendo that the tradeoff might be minimally acceptable—if these surveillance moves had sunset clauses in them. Such surveillances need to be automatically terminated after some specified period of time or at some easily measurable milestone—Wuhan Virus infection rate drops below a particular threshold, for instance. Sunset clauses also must include destruction of the surveillance databases, with that being verifiable by anyone who asks—the present FOIA procedures would provide an example of how that would work.

Unfortunately, sunset clauses are notably absent from these moves toward government surveillance of us citizens—the danger of which is emphasized by the example of the People’s Republic of China and by our own FBI’s abuse of its surveillance authorities, along with our own FISA Court judges’ cynical acceptance of those abuses.

Where Were the FISA Court Judges?

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DoJ’s Inspector General is finding yet more, yet more rampant, miscreancies in and done by what used to be our nation’s—the world’s, even—premier law enforcement agency.

DOJ’s new assessment indicated that FISA problems were systemic at the bureau and extended beyond the Page probe. In four of the 29 cases the DOJ inspector general reviewed, the FBI did not have any so-called “Woods files” at all, referring to documentation demonstrating that it had independently corroborated key facts in its surveillance warrant applications. In three of those applications, the FBI couldn’t confirm that Woods documentation ever existed.
The other 25 applications contained an average of 20 assertions not properly supported with Woods materials; one application contained 65 unsupported claims. The review encompassed the work of eight field offices over the past five years in several cases.

The IG went on.

“As a result of our audit work to date and as described below, we do not have confidence that the FBI has executed its Woods procedures in compliance with FBI policy,” the DOJ IG wrote in a memo today [31 Mar] to FBI Director Christopher Wray.

That’s damning enough, but the problem is much wider than just a failed FBI.  The judges sitting on this Star Chamber FISA court knew those materials needed to be present, yet they approved the warrants in all of those flawed, to the point of dishonesty, warrant applications. Every single one of them.

This is another demonstration that this secret court cannot be fixed; it must be eliminated.

Full stop.