Wednesday, July 02, 2008

FLE

AT&T Whistleblower: Spy Bill Creates 'Infrastructure for a Police State' Mark Klein, the retired AT&T engineer who stepped forward with the technical documents at the heart of the anti-wiretapping case against AT&T, is furious at the Senate's vote on Wednesday night to hold a vote on a bill intended to put an end to that lawsuit and more than 30 others. Klein saw a network monitoring room being built in AT&T's internet switching center that only NSA-approved techs had access to. He squirreled away documents and then presented them to the press and the Electronic Frontier Foundation after news of the government's warrantless wiretapping program broke. Wired.com independently acquired a copy of the documents (.pdf) -- which were under court seal -- and published the wiring documents in May 2006 so that they could be evaluated. The lawsuit that resulted from his documents is now waiting on the 9th U.S. Appeals Court to rule on whether it can proceed despite the government saying the whole matter is a state secret. A lower court judge ruled that it could, because the government admitted the program existed and that the courts could handle evidence safely and in secret. But the appeals court ruling will likely never see the light of day, since the Senate is set to vote on July 8 on the FISA Amendments Act of 2008, which also largely legalizes Bush's warrantless wiretapping program by expanding how the government can wiretap from inside the United States without getting individualized court orders....
Momentum stalls for wiretapping bill Backlash from a senator and liberal advocacy groups helped sidetrack legislation to legalize President Bush's undocumented wiretapping program last week, just days after it appeared to be on a fast-track to passage. The delay is a setback for Democratic leaders who support the measure, who had hoped to send the bill to Mr. Bush before this week's July 4 holiday break. The House June 20 put aside more than a year of partisan wrangling and easily passed a bill to modernize the 30-year-old Foreign Intelligence Surveillance Act (FISA), allowing U.S. intelligence agencies to eavesdrop, without court approval, on foreign targets thought to be outside the United States. But opposition from Sen. Russ Feingold, Wisconsin Democrat, who has threatened to hold up the bill with a filibuster, forced Senate Majority Leader Harry Reid, Nevada Democrat, on Thursday to postpone a vote until next week. The legislation included retroactive immunity from lawsuits to phone companies that participated in a post-Sept. 11 surveillance program that operated outside court review - a controversial measure that had doomed previous attempts to pass a bill. Mr. Feingold, who opposes the bill's immunity provision, said the measure was "not a compromise - it is a capitulation."....
Airport gun showdown moves to courts Guns were the issue. But words and federal lawsuits became the weapons of choice Tuesday as Atlanta officials declared Hartsfield-Jackson International Airport a "gun-free zone," and gun advocates immediately retaliated by suing them. The fight about a new state law — one that permits licensed gun owners to carry concealed weapons in more public places — began at Atlanta's city-run airport, the world's busiest with 89 million passengers a year. But city officials say they think it could eventually have a nationwide impact. "This is a matter of national significance," Mayor Shirley Franklin told reporters at a news conference. Permitting guns inside an airport, even weapons carried by permit holders, would create an unsafe environment that "would endanger millions of people," the mayor said. Franklin vowed Tuesday to lobby Congress and federal officials to mandate that any public facility receiving federal money be declared a "gun-free zone." That would affect airports nationwide. Franklin's comments followed a vow by city officials to arrest anyone carrying a gun at Hartsfield-Jackson. The city drew a line in the sand on the very same day a new state law easing gun restrictions in public places took effect. The new law allows licensed gun owners who pass background checks to carry concealed weapons on public transportation, in parks and recreation areas and in restaurants that serve alcohol — all areas that were previously off-limits....
Gun Bill Provides for Self-Defense District gun owners would be able to keep weapons in their homes, loaded and without trigger locks, for "immediate self-defense" under legislation being introduced in the D.C. Council today. The bill, sponsored by Phil Mendelson (D-At Large), would also repeal the city's 32-year-old ban on handguns, which was struck down last week by the U.S. Supreme Court in a 5 to 4 ruling. Mendelson released a draft of his legislation yesterday. The bill specifically addresses the majority opinion written by Justice Antonin Scalia that said, "We hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense." Technically, the legislation would still require that firearms be kept unloaded and disabled, but it would provide a broad exception for guns that are present in the home for the purpose of "immediate self-defense." The exception is intended to address the high court's objection to a requirement that all guns be kept unloaded and either disassembled or outfitted with trigger locks. The exception would extend to firearms at the owner's "place of business, or . . . being used for lawful recreational purposes within the District of Columbia," according to the draft....
Civil rights coalition sues San Francisco over public housing gun ban Today, using the Heller decision as the basis for the challenge, the Citizens Committee, in partnership with the National Rifle Association (NRA), filed a civil rights lawsuit to confirm that the Second Amendment restricts state and local governments from infringing on the right to keep and bear arms as well. The lawsuit was filed in federal court against the City of San Francisco and the San Francisco Public Housing Authority to invalidate the City’s ordinance (Police Code section 617) and lease provision that bans the possession of firearms in public housing. Before the Second Amendment can be used to challenge unconstitutional regulations laws at the state or local level, it must be “incorporated” through the Fourteenth Amendment to apply to the state and local governments. The lawsuit will serve to establish the incorporation doctrine in the Ninth Circuit Court of Appeal, including California, and invalidate the existing ban on firearms in public housing in San Francisco in the process. “As with the advancement of any civil right throughout history, subsequent litigation is essential in order to establish both the parameters of the Second Amendment’s protections, and initially to establish that the Second Amendment restricts state and local governments from infringing on your right to self-defense,” said Chuck Michel, civil rights attorney for the plaintiffs in the case....
Judge Advises Crime Victim To Arm Herself After Attack General Sessions Court Judge Bob Moon said Friday that crime in Chattanooga "has become so rampant that it is no longer possible for the police department to protect our citizens." He told a woman who had been pulled from her car and beaten in the head that she or her mother needed to "purchase a weapon, obtain a gun permit and learn to protect yourself." The woman moved back in with her mother after the May 4 incident on E. 17th Street. Judge Moon said, "The U.S. Supreme Court has ruled that all citizens have a right to purchase a weapon to defend themselves, their families and their homes - unless there is some disqualification that prevents them from owning a weapon." The woman said she was driving on E. 17th Street when Beard came riding up on a bicycle and pulled a gold handgun on her. When she refused to get out of the car, he began hitting her in the head with the gun. He then pulled her out and drove off with her gold 2001 Toyota Corolla....

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