October 17 2007 by The Systemic Analyst.

The following is an insightful article published in The Boston Globe on the expansion of NSA wiretapping privileges in the U.S. passed by Congress last August:

“JUST AS CONGRESS was about to break for its August recess, President Bush pressured it into passing a bill allowing widespread wiretapping of Americans’ phone calls and e-mails without judicial warrants. The only saving grace in this odious legislation is that it expires in February. Now, two committees in the House of Representatives have drawn up a new bill that establishes some degree of judicial oversight on this surveillance. If the House and Senate cannot come up with an even stronger bill, it would be better to let the current law die an unmourned death in February.

Last summer’s law legalized the warrantless wiretapping that the administration began on the president’s order - in secret - after Sept. 11. In fact, the bill passed by Congress in a rush that justifies its low approval ratings gave the administration even broader powers than it had taken on its own. Under the president’s secret program, warrantless eavesdropping was permitted only when one of those involved in a communication was a suspected terrorist. There is no such requirement in the August legislation.

Also, under the president’s order, telecommunications companies participating in the wiretapping did so at their own legal risk. The bill Congress passed granted them immunity from lawsuits by individuals who believe their privacy has been violated.

No one is proposing to block all wiretapping of terrorism-linked communications. But a 1978 law sets out a flexible process for judicial oversight of taps in which investigators can start a tap and then wait as long as 72 hours before getting a warrant if time is of the essence. By railroading Congress into approving the bill last summer without hearings, the administration has never had to explain to the American public why the 1978 Foreign Intelligence Surveillance Act is not a workable framework for electronic surveillance.

To its credit, the House drops the immunity provisions for the telecommunications companies in the new bill and carries its own expiration date, two years from passage. It also requires warrants from a special court set up under the 1978 law for surveillance of individual calls or e-mails to persons in the United States. But the bill would permit “basket” or “bundle” warrants for interceptions of communications by groups of people for a year, subject only to some scrutiny by the special court. This provision could be a loophole for overzealous eavesdroppers.

The pending expiration of the existing law in February shifts leverage to Congress. It should make sure that any surveillance legislation it approves does not detract significantly from the privacy protection afforded by the 1978 law - not to mention the Fourth Amendment’s prohibition of “unreasonable searches and seizures.”

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October 17 2007 by The Systemic Analyst.

Science Daily has reported that “a Purdue University study has found that while the platen glass surfaces of devices that scan fingerprints or hand geometry may look more unsanitary due to visible dirt and prints, they in fact harbor about the same amount of bacteria as a typical doorknob.”

While there are shortcomings with some applications of biometrics, fear over germs should not be considered one of them. Hopefully the Purdue University study will help convince those preoccupied with germs that the spread of disease should be the least of their concerns regarding the use biometrics in security measures.

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October 17 2007 by The Systemic Analyst.

Allegations have been made that the warrantless wiretapping program implemented by the Bush administration was in the works at least six months before the events of September 11th, 2001. The Washington Post has reported that the allegations were made by former Qwest Communications Chief Executive Joseph Nacchio.

“Nacchio’s account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts.” Click here for more.

Beyond indicating advanced plans to introduce sweeping security measures, the Nacchio allegations also suggest that the Bush administration has been employing strong arm tactics in a bid to have private sector and others co-operate on such measures. Nacchio, reports The Washington Post, “has alleged that the government withdrew a $200-million contract after Qwest refused to participate in an unidentified National Security Agency program,” ultimately leading to the company’s financial troubles and Nacchio’s conviction for insider trading.

If this is true, it could have far-reaching implications for national security, calling into question many of the measures enacted supposedly as a direct reaction to 9/11. Indeed, if such proof exists indicating plans were made in advance of the destruction of the World Trade Centre to implement sweeping security measures, further erosion of faith in the system held by the general public should be expected. If people feel that the powers-that-be are not trustworthy, the state of security for the U.S. will be considerably undermined as a result.

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October 17 2007 by The Systemic Analyst.

Margaret Brennan has published an interesting article covering the costs associated with and implications of the “controversial Transportation Workers Identity Card (TWIC) program.” It’s definitely worth a read.

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