We need an open internet - "That's Bullshit" with Sam Seder

i've lost track of the petitions and pleas and letters and faxes i've signed and sent begging that the internet be allowed to remain open and unconstrained by greedy corporations hell-bent on profits...

the combo of my laptop and rapid, readily available internet access literally makes my current life possible... every few months, i'm on the move, conducting my personal life and my business from different cities, different time zones, different countries and different continents... from the keyboard of my laptop, i shop, make travel arrangements, conduct business correspondence, make phone calls, hold business meetings, keep in touch with family and friends, do my banking, conduct research, post material for students in my classes, keep up with news and current events, and a thousand and one other things that are an essential part of my daily routine... the last thing i need is to have some money-crazed corporation telling me what i can access and what i can't or throwing pay-as-you-go speed bumps in the way of doing what i need to do...

sam seder courtesy of atrios...



capitalism and the profit motive ran amok a long time ago... there's going to come a time - and i predict it will be soon - when there will simply be no more blood money to be squeezed from us turnips peasants...

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B-A-A-A-A-AAAD news for the internet

the goddam supreme court... just another bunch of stooges that don't have a clue about what serving the common good means... i'm sure there's dancing in the halls of the executive suites at both comcast and verizon...

A federal appeals court has ruled that the Federal Communications Commission lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks.

Tuesday’s ruling by the United States Court of Appeals for the District of Columbia is a big victory for the Comcast Corporation, the nation’s largest cable company. It had challenged the FCC’s authority to impose so called “net neutrality” obligations.

It marks a serious setback for the F.C.C., which needs authority to regulate the Internet in order to push ahead with key parts of its national broadband plan.

why is it that corporations in the u.s. get all the breaks and us poor slob private citizens get absolutely none...? who, may i ask, is looking out for us...? no-fucking-body, that's who...

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The big telecoms and ISP's really do care for the common good? HA!

in an editorial dated 21 march, the wapo opined that...

"...it is curious that the FCC's newly released National Broadband Plan faults the market for failing to 'bring the power and promise of broadband to us all'..."

i responded that i didn't find it "curious" at all, given that the massive telecom and isp providers in the u.s. have been milking their customers for many years, charging higher and higher access fees with precious little increases in speed with the result that the u.s. ranks a humiliating #29 in the world in download speeds...

choosing to not cite such statistics, the wapo went on to make the false claim that...

[B]roadband networks have been built with billions of dollars from companies in the private sector with a legitimate right to extract profit from well-placed investments. These initiatives -- and yes, the profit motive -- have resulted in remarkable leaps in a few short years.

and then added this disclaimer...

It is useful to continue to mark America's standing in these matters in comparison to that of other nations. But it is hard to see in this field the signs of gross market failure.

now i notice that, since i read the editorial, the wapo has deigned to add a bit of disclosure to the piece...

(Disclosure: The Washington Post Co. has interests in broadcast and cable television and businesses that depend on the Internet, all of which could be affected by FCC action.)

woo-hoo...

i don't think the washington post has ever met a greedy corporation it didn't like... taking precious op-ed space to attempt to convince the citizenry that u.s. corporations have our best interests at heart, particularly with the slow-motion financial train wreck that's still in progress, is disingenuous at best...

fortunately, we now have this to show us just how much of a shit for the common good these large corporations really do give...

One of the nation's biggest telecommunications providers urged the Federal Communications Commission on Wednesday not to assert its authority over Internet services, a challenge that comes as the agency embarks on a 10-year effort to greatly expand broadband access across the country.

Verizon Communications said that the FCC's power over high-speed Internet services is "at best murky" and offered recommendations to Congress that could take away much of the agency's power.

ya gotta love verizon... they don't want anybody tellin' 'em what to do or interfering in any way with their ability to suck the last dime out of their customers' pockets...

i can't speak for the advantages and disadvantages of re-classifying the internet as a common carrier... i do know that, for all practical purposes, at least where i'm concerned, it already is... i rarely use any other means of communication and that's not to mention the myriad other functions my laptop serves... in my view, the internet should be treated as the primary means of communication and as an inherent right, much as telephones and television are, both technologies that have already been largely subsumed by internet technology...

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McJoan: Why isn't Mark Klein being called to testify before Congress?

from mcjoan at daily kos, a follow-up to my post the other day on babak pasdar... important enough to post the whole thing...

Mark Klein is the former AT&T technician who exposed the infamous secret room at AT&T's facility in San Francisco, the room that was equipped to vacuum up "comprehensive customer usage data ... and transforms it into actionable information.... (It) provides complete visibility for all internet applications." For his efforts in exposing this massive warrantless wiretapping program by AT&T on behalf of the NSA, Klein received the Electronic Frontier's Foudnation Pioneer award.

What he has yet to receive is an invitation from any committee of Congress to testify about AT&T's illegal activity. In fact, the only member of Congress to make an attempt to reach out to him has been Senator Chris Dodd.

In this video, Boing Boing's Xeni Jardin interviews Klein and EFF legal director Cindy Cohn about the case, the Congress, and the Constitution. Klein has some harsh words for Democrats who care to listen.

Maybe it's time for Mark Klein to have his day testifying before Congress. While they're at it, they could invite whistleblower Babak Pasdar who tells a very similar story about one of the nation's major wireless carriers, ironically enough very likely the wireless carrier that sponsored that video you just watched.

It's unbelievable that these stories haven't been heard by Congress, that the Democratic leadership and the chairs of the Intelligence and Judiciary committees haven't given them the opportunity to tell what they know about this highly controversial, and illegal spying on Americans.

Instead, they want to sweep it all under the rug. Tell them not to. Call your Senators and Representative and tell them to demand a hearing for these allegations. No further action on FISA until they, and we, have heard the whole story.

Call leadership and the intelligence committee chairs, and tell them, too.

Harry Reid, Phone: (202) 224-3542, Fax: (202) 224-7327
Nancy Pelosi, Phone: (202) 225-4965, Fax: (202) 225-8259
Jay Rockefeller, Phone: (202) 224-6472, Fax: (202) 224-7665
Silvestre Reyes, Phone: (202) 225-4831, Fax: (202) 225-2016

Update: Adding in Judiciary Chairs, because they could probably find some angle to bring these guys in with, and frankly would be a lot more likely to do it.
Patrick Leahy, Phone: (202) 224-4242, Fax: (202) 224-3479
John Conyers, Phone: (202) 225-5126, Fax: (202) 225-0072

yeah, it may be nothing more than the little dutch boy, sticking his finger in the dike, but we gotta keep fightin' against our police state...

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Oferchrissake, NOW the FBI wants telecom immunity

i'd no sooner finished with the previous post than i ran across this totally self-serving piece about fbi director mueller recommending telecom immunity...

At the heart of President Bush's plea to give telecommunications companies legal immunity is the contention that these companies were merely being patriotic corporate citizens when they facilitated the warrantless wiretapping of Americans.

FBI Director Robert Mueller undercut that argument Wednesday, telling Congress that the 'good faith' argument should have nothing to do with whether or not they are let off the hook in dozens of pending court cases.

"I would focus more on the downsides, substantial downsides, of not providing retroactive immunity as being the principal rational of the legislation, providing immunity," Mueller told the Senate Judiciary Committee.

go back and re-read my previous post and then tell me if you don't think the fbi is making a big move to protect its OWN miserable, exposed ass...

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Wholesale FBI/NSA domestic information "vacuuming" - first Mark Klein, now Babak Pasdar

looks like we have another mark klein...

A U.S. government office in Quantico, Virginia, has direct, high-speed access to a major wireless carrier's systems, exposing customers' voice calls, data packets and physical movements to uncontrolled surveillance, according to a computer security consultant who says he worked for the carrier in late 2003.

"What I thought was alarming is how this carrier ended up essentially allowing a third party outside their organization to have unfettered access to their environment," Babak Pasdar, now CEO of New York-based Bat Blue told Threat Level. "I wanted to put some access controls around it; they vehemently denied it. And when I wanted to put some logging around it, they denied that."

Pasdar won't name the wireless carrier in question, but his claims are nearly identical to unsourced allegations made in a federal lawsuit filed in 2006 against four phone companies and the U.S. government for alleged privacy violations. That suit names Verizon Wireless as the culprit.

Pasdar has executed a seven-page affidavit for the nonprofit Government Accountability Project in Washington, which on Tuesday began circulating the document (.pdf), along with talking points (.doc), to congressional staffers hashing out a Republican proposal to grant retroactive legal immunity to phone companies who cooperated in the warrantless wiretapping of Americans.

According to his affidavit, Pasdar tumbled to the surveillance superhighway in September 2003, when he led a "Rapid Deployment" team hired to revamp security on the carrier's internal network. He noticed that the carrier's officials got squirrelly when he asked about a mysterious "Quantico Circuit" -- a 45 megabit/second DS-3 line linking its most sensitive network to an unnamed third party.

thanks babak... great info...

and, of course, we remember mark klein, don't we...?

What I observed first-hand:

In 2002, when I was working in an AT&T office in San Francisco, the site manager told me to expect a visit from a National Security Agency agent, who was to interview a management-level technician for a special job. The agent came, and by chance I met him and directed him to the appropriate people.

In January 2003, I, along with others, toured the AT&T central office on Folsom Street in San Francisco -- actually three floors of an SBC building. There I saw a new room being built adjacent to the 4ESS switch room where the public's phone calls are routed. I learned that the person whom the NSA interviewed for the secret job was the person working to install equipment in this room. The regular technician work force was not allowed in the room.

In October 2003, the company transferred me to the San Francisco building to oversee the Worldnet Internet room, which included large routers, racks of modems for customers' dial-in services, and other equipment. I was responsible for troubleshooting problems on the fiber optic circuits and installing new circuits.

While doing my job, I learned that fiber optic cables from the secret room were tapping into the Worldnet circuits by splitting off a portion of the light signal. I saw this in a design document available to me, entitled "Study Group 3, LGX/Splitter Wiring, San Francisco" dated Dec. 10, 2002. I also saw design documents dated Jan. 13, 2004 and Jan. 24, 2003, which instructed technicians on connecting some of the already in-service circuits to the "splitter" cabinet, which diverts some of the light signal to the secret room. The circuits listed were the Peering Links, which connect Worldnet with other networks and hence the whole country, as well as the rest of the world.

One of the documents listed the equipment installed in the secret room, and this list included a Narus STA 6400, which is a "Semantic Traffic Analyzer". The Narus STA technology is known to be used particularly by government intelligence agencies because of its ability to sift through large amounts of data looking for preprogrammed targets. The company's advertising boasts that its technology "captures comprehensive customer usage data ... and transforms it into actionable information.... (It) provides complete visibility for all internet applications."

My job required me to connect new circuits to the "splitter" cabinet and get them up and running. While working on a particularly difficult one with a technician back East, I learned that other such "splitter" cabinets were being installed in other cities, including Seattle, San Jose, Los Angeles and San Diego.

What is the significance and why is it important to bring these facts to light?

Based on my understanding of the connections and equipment at issue, it appears the NSA is capable of conducting what amounts to vacuum-cleaner surveillance of all the data crossing the internet -- whether that be peoples' e-mail, web surfing or any other data.

no WONDER the bushies want to shut down those pesky lawsuits by giving the telecoms immunity... the discovery information might just end up confirming what we all already know...

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I'm with Kagro X... Article I is dead so let's have a funeral...

we are so screwed, and anybody that thinks congress is going to do a goddam thing to protect and preserve our constitution is smoking some high quality shit...

Three telecommunications companies have declined to tell Congress whether they gave U.S. intelligence agencies access to Americans' phone and computer records without court orders, citing White House objections and national security.

Director of National Intelligence Mike McConnell "formally invoked the state secrets privilege to prevent AT&T from either confirming or denying" any details about intelligence programs, AT&T general counsel Wayne Watts wrote in a letter to the House Energy and Commerce Committee.

Qwest and Verizon also declined to answer, saying the federal government has prohibited them from providing information, discussing or referring to any classified intelligence activities.

"Our company essentially finds itself caught in the middle of an oversight dispute between the Congress and the executive relating to government surveillance activities," Watts wrote.

The White House declined to comment on the matter Monday.

kagro x at daily kos, in full...

Did you catch that?

Three telecommunications companies have declined to tell Congress. Citing White House objections.

First, the White House says it can use executive privilege to prevent former employees from testifying before Congress. (And Congress does nothing.)

Now, the White House says it can use the state secrets privilege (normally something invoked in the courts, not in Congress) to prevent corporations from testifying before Congress.

Any guesses on what Congress will do with this one?

Note, too, that the companies say "the federal government" has prohibited them from providing this information.

Has Congress removed itself from "the federal government" since we last checked?

Congress now demands the right to inform itself about the subject matter on which it legislates, and the executive branch says no -- and not only no, but that any bill not containing the provisions it demands but will not permit the Congress to inform itself on will be vetoed.

Article I is dead, and the least concerned with the death, astoundingly, is the Article I branch.

just in case you forgot, here's some selected Article I items...

The Constitution of the United States

Article. I. - The Legislative Branch

Section 1 - The Legislature

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2 - The House

[...]

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3 - The Senate

[...]

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

[...]

Section 7 - Revenue Bills, Legislative Process, Presidential Veto

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

[...]

Section 8 - Powers of Congress

[...]

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

[...]

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9 - Limits on Congress

[...]

The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

i think we should have a full-blown funeral with a military honor guard and a 21-gun salute...

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