Of all the Looney Tunes we’ve lived through in two
terms of Bush, the lame
duck’s daffiness has reached a new level of strange. Now we have Bush
Order Expands Network Monitoring. According to the lame duck directive, in
addition to spying on other countries, the NSA (National Security, read Spy,
Agency) will now focus on US government agencies. As cartoonist Signe Wilkinson
wrote and drew, now we are One
Nation, Under Surveillance.
The run-amok duck
carried off this spy hunt, quacking at an increase in cyber attacks directed
against the US, possibly from foreign
countries. The Office of the Director of National Intelligence (ODNI, if not
Odious) will lead the hunt to get at the source of these attacks. Our trusty
Department of Homeland Insecurity and Pentagon will be looking at retaliation.
Would that sort of be like Cheney mistakenly shotgunning his friend at a duck
hunt?
The above Washington Post story broke the news of
the Bush-led joint directive, which is, of course, classified. And, of course, it will cost billions of dollars. As if
our cup isn’t empty enough, Daffy is now slurping at the 2009 budget when he
will be gone but certainly not forgotten.
As it is, US citizens
are presently under a historically potent spying machine. It raised its sights
not just on suspected criminals, but allowed for wiretapping the phone calls of
Mr., Mrs., Miss, and Junior’s America, and warrant-free. The government is also
pouring more money into specialized computers from the likes of Cray, The Supercomputer Company. They can
search through enormous databases at lightening speed. Welcome to the future!
Of course, our
not-so-lame, daffy duck-in-chief cites cyber attacks against the various
departments of State, Commerce, Defense and Homeland Security as the rationale
to expand NSA’S spyware even more. The Post reports that “US officials and
cyber-security experts have said Chinese Web sites were involved in several of
the biggest attacks back in 2005, including some of the country’s
nuclear-energy labs and large defense contractors.” Naturally, our protectors
at the Pentagon and Home Security will be operating with the power to
counter-strike attackers.
But whether the
actual culprits are rogue attackers or real nations would be very difficult to
prove. And the possibility for a disastrous mistake is reasonably high. Also,
the rest of the world hasn’t formed any agreed upon rules of cyber war, though
that hasn’t stopped Ducks Are Us from throwing away the Geneva Conventions at
Guantanamo or the Constitution for the USAPATRIOT Act. But that’s not all,
folks!
Daffy asked Congress to help Verizon and
AT&T better spy on us
In his last (thank
god) State of the Union Address (a sure cure for insomnia), Daffy asked for
broader protection for telecom carriers to dig into our phone calls and emails,
expanding warrantless surveillance programs to communications beyond our
borders with the help of AT&T and Verizon. This is part of the Protect America
Act and bears the same relation to protecting us as the Clean Air Act did to
keeping our air clean or the No Child Left Behind Act did in leaving most kids
behind for lack of adequate funding.
The name of a Bush
act always has an opposite purpose. In this case, the Protect America Act gives
the NSA more clout to violate our privacy for the purported cause of nailing
suspected “terrorists” without getting a court warrant first. And who knows who
could be suspected and/or for what reason. Hey, it’s secret stuff and secret is
secret.
But rest assured. Our
lame duck said, “To protect America, we need to know who the terrorists are
talking to, what they are saying, and what they are planning.” And “last year,
Congress passed legislation [Protect America Act] to help us do that.
Unfortunately, Congress set the legislation to expire on Feb 1. This means that
if you do not act by Friday, our ability to track terrorists’ threats would be
weakened and our citizens will be in greater danger. Congress must ensure the flow
of vital intelligence is not disrupted.” Well, those “terrists” sure seem to
have us by the short hairs.
In fact, Congress had
three ways to go after its first try that failed to reach a 60-vote majority to
stop debate and force a vote on two wiretapping-related proposals, one
Republican-favored the other Democrat-desired, the last the right way to go.
Congress’ three ways
to go
One: Renew last August’s law, the Protect America Act, for 30 days. This
would seemingly have given both sides more wiggle room, though sooner or later
they’d have to live with some version of it. Dems favored this, but Daffy
threatened a veto on a temporary extension. Yet, on Jan. 31, he signed a 15-day
extension passed by Congress.
Two: Renew a reworked version of the PAA for good and protect telecom
companies from legal consequences of any illegal acts they committed. Daffy
loved this, and he had a minority of Dems ready to bow to him. If Decider Duck
had his wish, the retroactive protection would have a bunch of pending lawsuits
against telecom companies, i.e. Verizon and AT&T, especially the latter’s
case before the 9th circuit court of appeals, thrown out.
Three: Let the PAA, known too as the pro-privacy option (backed by the ACLU
and others), expire. This group reasons: “The Patriot Act dramatically expanded
police eavesdropping powers in 2001, and there’s no pressing need to go
further. The Foreign Intelligence Security Act (FISA) has worked for decades,
and has long included emergency no-court-order-required wiretaps as long as
proper procedures are followed.” Three cheers for that!
Senate Majority
Leader Henry Reid and most Dems favored option one, figures. The Repugs wanted
two, and put the heat on to get it through, especially Senate Leader Mitch
McConnell. He wanted the Intelligence Committee version that went beyond
immunizing telecom companies. It would have also retroactively protected (if
you can believe it) email providers, search engines, Internet service providers
and instant-messaging service.
Meanwhile, the house changed the bill to make it a 15-day extension instead
of 30-day one, and the bill passed by voice vote. It moved quickly and was
flipped to the Senate.
Rep. Rush Holt (D-N.J.) took to the floor last Tuesday and urged others to
vote against any extension to the
Protect America Act. His reasoning: 1) the administration’s bill was bad
law in the first place and brought home the lesson to never pass legislation
under ‘duress brought on by propaganda, misinformation, and fear mongering,’ 2)
surveillance authorized under the PAA would continue even if the law lapsed,
and 3) it wouldn’t improve the Dems’ negotiating position.” Now there’s a smart
guy for you!
Nevertheless, the
Protect America act may not be a dead duck yet. Of course, Bush insists that he
won’t sign new FISA legislation unless it grants the telecom companies immunity
for aiding and abetting his illegal spying ops and turning over millions of
people’s individual records to the government.
Yet the American Civil Liberties Union (ACLU), which has relentlessly
battled Bush and his various duck spying blinds, advises “fix the Foreign Intelligence Security Act (FISA) not make it
worse. We must preserve the
protections and the checks and balances in the Constitution against government
abuses of power that violate our rights and values.”
The ACLU 2008 Yearly Plan also
includes stopping USAPATRIOT Act abuses, protecting the freedom of expression
and the right to protest, resisting the use of torture and rendition, restoring
the right of habeas corpus, preserving religious liberty, reproductive freedom
and LGBT rights, maintaining free elections, and fighting for racial justice
and opposing discrimination. If you can, after you write a check to Online Journal, send one to the ACLU via
http://www.aclu.org/. Both groups are in
your corner every day. “That’s All Folks” for now.
Jerry Mazza is a freelance writer living in New York.
Reach him at gvmaz@verizon.net.