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	<title>Comments on: The FISA Loss: Recommendations for the Future</title>
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		<title>By: jdmckay</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86362</link>
		<dc:creator>jdmckay</dc:creator>
		<pubDate>Sun, 13 Jul 2008 18:23:00 +0000</pubDate>
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		<description>&lt;p&gt;Yes.  Sure resembles Tom Delay’s way of doing things… &lt;/p&gt;
&lt;p&gt;…&lt;/p&gt;
&lt;p&gt;EW:&lt;br /&gt;&lt;/p&gt;&lt;blockquote&gt;&gt;Nancy Pelosi’s objection to the program is most troubling. When, on March 10, 2004, the Administration came to Congress and asked whether, in light of Comey’s refusal to reauthorize the program, Congress could do a quickie law making it legal, the Gang of Eight said legislation would be impossible on that short notice, but a majority of those present did not object to the continuation of the clearly illegal program. That’s critically important for the issue of immunity–Congress couldn’t very well advocate holding the telecoms responsible for accepting an authorization from the White House Counsel, could they, if they knew and approved that the program should continue even after Comey determined it legally problematic.&lt;/blockquote&gt;
&lt;p&gt;I don’t know about that… wns.  &lt;/p&gt;
&lt;p&gt;Aside from Comey’s objections, I’ve never heard or seen &lt;em&gt;anything&lt;/em&gt; WRT WH statements/agreements/claims for cause in enrolling telecom participation.  After Junior’s WMD claims (didn’t Powell try and weed out the unsubstantiated claims, and didn’t the remainder fall into same category?), how &lt;em&gt;anyone&lt;/em&gt; could give WH benefit of the doubt wrt veracity is beyond me.&lt;/p&gt;
&lt;p&gt;If Pelosi &amp; crew screwed up, let ‘em say so.  &lt;/p&gt;
&lt;p&gt;If she was duped by GWB lies (recall ex. Sen Graham FL saying pre-Iraq invasion WH briefings informed SH could hit US east coast w/nukes), then we should know that.  &lt;/p&gt;
&lt;p&gt;Fool me once, shame on me… (etc etc).&lt;/p&gt;
&lt;p&gt;Was Pelosi briefed on operational details?  For ex., extent to which NSA allegedly &lt;em&gt;exclusively&lt;/em&gt; operated/staffed AT&amp;T (SBC) facilities?.  One doesn’t have to be a tech guru to perceive the implications there-in.&lt;/p&gt;
&lt;p&gt;Was she/BDs briefed on GWB’s legal rationale presented to telecos?&lt;/p&gt;
&lt;p&gt;Congress could very well advocate holding these telecoms feet to the fire.  If they were lied to by Bush, let’s find that out.  Feingold’s statement seems straight-arrow enough to me.&lt;/p&gt;
&lt;p&gt;I fully agree w/&lt;a href=&quot;http://www.dailykos.com/storyonly/2008/7/11/75618/7060/351/549864&quot; rel=&quot;nofollow&quot;&gt;Selise’s  suggestion&lt;/a&gt;… that we reward (w/support) lawmakers who stood tall, and punish those who caved.&lt;/p&gt;
&lt;p&gt;I’d note, again from Selise, of her speculative reasons why dem leadership pulled this “Delay”, her # 1&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt; &lt;em&gt;Some possible explanations are:&lt;/em&gt;&lt;/p&gt;
&lt;p&gt;   1. They responded to heavy lobbying and money from the telcos who want the suits against them dropped    &lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Indeed they did.  And indeed the 2 previous reasonable HOUSE FISA incarnations did not include the provisions you suggest CONGRESS could not codify.&lt;/p&gt;
&lt;p&gt;…&lt;/p&gt;
&lt;p&gt;I’ve generally been much more supportive of Pelosi than blogosphere as a whole.  I lived across the bay from her district for many years, and watched her operate closeup through that time.  I very much agreed w/most of her important stands over the years, and never had reason to think she was taking them for reasons other than integrity.  Aside from taking impeachment off the table, I’ve considered her performance as speaker considerable more able and effective than reflected in the grass roots.&lt;/p&gt;
&lt;p&gt;This changes all that for me… unforgiveable.&lt;/p&gt;
&lt;p&gt;As I said in response to WIGWAM, this looks more like K-Street than main street.  &lt;/p&gt;
&lt;p&gt;I support Selise’s suggestion to punish those who went along, and will commit to some action/hours to do so.&lt;/p&gt;
&lt;p&gt;Unforgiveable.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Yes.  Sure resembles Tom Delay’s way of doing things… </p>
<p>…</p>
<p>EW:</p>
<blockquote><p>&gt;Nancy Pelosi’s objection to the program is most troubling. When, on March 10, 2004, the Administration came to Congress and asked whether, in light of Comey’s refusal to reauthorize the program, Congress could do a quickie law making it legal, the Gang of Eight said legislation would be impossible on that short notice, but a majority of those present did not object to the continuation of the clearly illegal program. That’s critically important for the issue of immunity–Congress couldn’t very well advocate holding the telecoms responsible for accepting an authorization from the White House Counsel, could they, if they knew and approved that the program should continue even after Comey determined it legally problematic.</p></blockquote>
<p>I don’t know about that… wns.  </p>
<p>Aside from Comey’s objections, I’ve never heard or seen <em>anything</em> WRT WH statements/agreements/claims for cause in enrolling telecom participation.  After Junior’s WMD claims (didn’t Powell try and weed out the unsubstantiated claims, and didn’t the remainder fall into same category?), how <em>anyone</em> could give WH benefit of the doubt wrt veracity is beyond me.</p>
<p>If Pelosi &amp; crew screwed up, let ‘em say so.  </p>
<p>If she was duped by GWB lies (recall ex. Sen Graham FL saying pre-Iraq invasion WH briefings informed SH could hit US east coast w/nukes), then we should know that.  </p>
<p>Fool me once, shame on me… (etc etc).</p>
<p>Was Pelosi briefed on operational details?  For ex., extent to which NSA allegedly <em>exclusively</em> operated/staffed AT&amp;T (SBC) facilities?.  One doesn’t have to be a tech guru to perceive the implications there-in.</p>
<p>Was she/BDs briefed on GWB’s legal rationale presented to telecos?</p>
<p>Congress could very well advocate holding these telecoms feet to the fire.  If they were lied to by Bush, let’s find that out.  Feingold’s statement seems straight-arrow enough to me.</p>
<p>I fully agree w/<a href="http://www.dailykos.com/storyonly/2008/7/11/75618/7060/351/549864" rel="nofollow">Selise’s  suggestion</a>… that we reward (w/support) lawmakers who stood tall, and punish those who caved.</p>
<p>I’d note, again from Selise, of her speculative reasons why dem leadership pulled this “Delay”, her # 1</p>
<blockquote><p> <em>Some possible explanations are:</em></p>
<p>   1. They responded to heavy lobbying and money from the telcos who want the suits against them dropped    </p>
</blockquote>
<p>Indeed they did.  And indeed the 2 previous reasonable HOUSE FISA incarnations did not include the provisions you suggest CONGRESS could not codify.</p>
<p>…</p>
<p>I’ve generally been much more supportive of Pelosi than blogosphere as a whole.  I lived across the bay from her district for many years, and watched her operate closeup through that time.  I very much agreed w/most of her important stands over the years, and never had reason to think she was taking them for reasons other than integrity.  Aside from taking impeachment off the table, I’ve considered her performance as speaker considerable more able and effective than reflected in the grass roots.</p>
<p>This changes all that for me… unforgiveable.</p>
<p>As I said in response to WIGWAM, this looks more like K-Street than main street.  </p>
<p>I support Selise’s suggestion to punish those who went along, and will commit to some action/hours to do so.</p>
<p>Unforgiveable.</p>
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		<title>By: wigwam</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86351</link>
		<dc:creator>wigwam</dc:creator>
		<pubDate>Sun, 13 Jul 2008 18:11:13 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/#comment-86351</guid>
		<description>&lt;p&gt;Here is another &lt;a href=&quot;http://opensecrets.org/industries/recips.php?cycle=2008&amp;ind=B08&quot; rel=&quot;nofollow&quot;&gt;http://opensecrets.org/industr.....38;ind=B08&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Here is another <a href="http://opensecrets.org/industries/recips.php?cycle=2008&amp;ind=B08" rel="nofollow">http://opensecrets.org/industr&#8230;..38;ind=B08</a></p>
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		<title>By: wigwam</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86349</link>
		<dc:creator>wigwam</dc:creator>
		<pubDate>Sun, 13 Jul 2008 18:09:37 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/#comment-86349</guid>
		<description>&lt;p&gt;I’ve recently seen three different posting with tables of telco contributions to various candidates.  Here is one of them &lt;a href=&quot;http://maplight.org/FISA_June08&quot; rel=&quot;nofollow&quot;&gt;http://maplight.org/FISA_June08&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I’ve recently seen three different posting with tables of telco contributions to various candidates.  Here is one of them <a href="http://maplight.org/FISA_June08" rel="nofollow">http://maplight.org/FISA_June08</a></p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86333</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Sun, 13 Jul 2008 17:07:37 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/#comment-86333</guid>
		<description>&lt;p&gt;I am not sure that would have done anything for you.  When you check the actual facts and figures, the money and lobbying efforts by telecoms were actually at unusually low levels through the end of fall 2007.  And, considering that it was, from there forward, a presidential election year it has not been particularly elevated since then to the best of my understanding.  And keep in mind that they always do a certain baseline level of lobbying and donating for a whole host of reasons germane to their business other than FISA; when you do, you find no real cognizable push that is overly noteworthy.  The big push came from the Bush Administration.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I am not sure that would have done anything for you.  When you check the actual facts and figures, the money and lobbying efforts by telecoms were actually at unusually low levels through the end of fall 2007.  And, considering that it was, from there forward, a presidential election year it has not been particularly elevated since then to the best of my understanding.  And keep in mind that they always do a certain baseline level of lobbying and donating for a whole host of reasons germane to their business other than FISA; when you do, you find no real cognizable push that is overly noteworthy.  The big push came from the Bush Administration.</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86331</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Sun, 13 Jul 2008 17:00:34 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/#comment-86331</guid>
		<description>&lt;p&gt;Yes it would have been perfect if any of the Democrats had the concern or the cojones to actually do their job.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Yes it would have been perfect if any of the Democrats had the concern or the cojones to actually do their job.</p>
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		<title>By: yonodeler</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86321</link>
		<dc:creator>yonodeler</dc:creator>
		<pubDate>Sun, 13 Jul 2008 14:06:44 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/#comment-86321</guid>
		<description>&lt;p&gt;The retroactive immunity issue, it would seem, could be significant to the voting public; trouble is, the backers of retroactive immunity have been widely persuasive in painting the affected service providers as patriots who acted in good faith.&lt;/p&gt;
&lt;p&gt;Exclusivity has potential for becoming a significant issue for the voting public. No one who learns that blanket surveillance has been and is being conducted, and who becomes familiar with FISA exclusivity, would believe that blanket surveillance is lawful conduct under FISA. Some lawsuits, if allowed to proceed, may eventually have the effect of making more of the public aware of illegal electronic surveillance and interception of domestic wire, oral, and electronic communications. But I’d like to think we won’t have to wait that long for the voices defending the rule of law to win credibility from their opponents.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The retroactive immunity issue, it would seem, could be significant to the voting public; trouble is, the backers of retroactive immunity have been widely persuasive in painting the affected service providers as patriots who acted in good faith.</p>
<p>Exclusivity has potential for becoming a significant issue for the voting public. No one who learns that blanket surveillance has been and is being conducted, and who becomes familiar with FISA exclusivity, would believe that blanket surveillance is lawful conduct under FISA. Some lawsuits, if allowed to proceed, may eventually have the effect of making more of the public aware of illegal electronic surveillance and interception of domestic wire, oral, and electronic communications. But I’d like to think we won’t have to wait that long for the voices defending the rule of law to win credibility from their opponents.</p>
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		<title>By: TomR</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86319</link>
		<dc:creator>TomR</dc:creator>
		<pubDate>Sun, 13 Jul 2008 13:54:45 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/#comment-86319</guid>
		<description>&lt;p&gt;What I wonder is if there’s some way we can monitor telecom or other applicable lobbyist activities with our elected representatives.  Is there some kind of public log kept somewhere of which lobbyists are meeting with which senators and representatives?&lt;/p&gt;
&lt;p&gt;That would have clued us in to there still being something afoot in regard to FISA legislation.&lt;/p&gt;
&lt;p&gt;- Tom&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>What I wonder is if there’s some way we can monitor telecom or other applicable lobbyist activities with our elected representatives.  Is there some kind of public log kept somewhere of which lobbyists are meeting with which senators and representatives?</p>
<p>That would have clued us in to there still being something afoot in regard to FISA legislation.</p>
<p>- Tom</p>
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		<title>By: Sara</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86305</link>
		<dc:creator>Sara</dc:creator>
		<pubDate>Sun, 13 Jul 2008 08:36:08 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/#comment-86305</guid>
		<description>&lt;p&gt;May I make a book recommendation.  Tim Shorrock’s new book, “Spies for Hire: The Secret World of Intelligence Outsourcing” (Simon and Schuster, 2008), a work based on his attending the business meetings of the Military Intelligence Complex organizations for the past seven years, really should be a barn-burner in this area.  Shorrock is a business and commerce investigative reporter, mostly published in business journals, and the likes of the Progressive, New York Review and Mother Jones — but his key point is that about 70% of all intelligence and Homeland Security stuff is outsourced, and virtually no Government Contract gives the Government exclusive ownership of the data or the analytical programs used to extract it and support recommendations.  The vast majority of this is personal data, or based on refinement of personal data.  Because Congress has avoided trying to pass a modern data privacy act — what has happened is that Government now supports the process of collecting the data through contractors, who are perfectly free to keep the data and use as they will, for any purpose they wish — or whoever can pay for what they have.  &lt;/p&gt;
&lt;p&gt;Richard Clarke today put some emphasis on “outsourcing” as he does in his new book — but to really comprehend the meaning of for instance, 70% of CIA or NSA’s budget going out the door to private contractors, you have to read Shorrock’s work, where he describes the special “fairs” departments such as Homeland Security set up, which are little more than auctions, with lots of shrimp and crab cocktail laid on to give it all a bit of class.  Clarke is quietly trying to say, a lot of this stuff is really government business, and it should be brought back in house, and done by accountable public servants.  That can probably only happen once many more folk know the vast rape of private information that has been on offer in recent years, gets mad, and demands change.  And that is why you need a totally eclectic coalition — not something that can be easily “typed.”  &lt;/p&gt;
&lt;p&gt;I will bet bottom dollar that the reason the Pentagon so fucked up the contracts for in air refueling tankers was because they wanted to look totally incompetent so that the procurement process could be privatized.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>May I make a book recommendation.  Tim Shorrock’s new book, “Spies for Hire: The Secret World of Intelligence Outsourcing” (Simon and Schuster, 2008), a work based on his attending the business meetings of the Military Intelligence Complex organizations for the past seven years, really should be a barn-burner in this area.  Shorrock is a business and commerce investigative reporter, mostly published in business journals, and the likes of the Progressive, New York Review and Mother Jones — but his key point is that about 70% of all intelligence and Homeland Security stuff is outsourced, and virtually no Government Contract gives the Government exclusive ownership of the data or the analytical programs used to extract it and support recommendations.  The vast majority of this is personal data, or based on refinement of personal data.  Because Congress has avoided trying to pass a modern data privacy act — what has happened is that Government now supports the process of collecting the data through contractors, who are perfectly free to keep the data and use as they will, for any purpose they wish — or whoever can pay for what they have.  </p>
<p>Richard Clarke today put some emphasis on “outsourcing” as he does in his new book — but to really comprehend the meaning of for instance, 70% of CIA or NSA’s budget going out the door to private contractors, you have to read Shorrock’s work, where he describes the special “fairs” departments such as Homeland Security set up, which are little more than auctions, with lots of shrimp and crab cocktail laid on to give it all a bit of class.  Clarke is quietly trying to say, a lot of this stuff is really government business, and it should be brought back in house, and done by accountable public servants.  That can probably only happen once many more folk know the vast rape of private information that has been on offer in recent years, gets mad, and demands change.  And that is why you need a totally eclectic coalition — not something that can be easily “typed.”  </p>
<p>I will bet bottom dollar that the reason the Pentagon so fucked up the contracts for in air refueling tankers was because they wanted to look totally incompetent so that the procurement process could be privatized.</p>
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		<title>By: kspena</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86304</link>
		<dc:creator>kspena</dc:creator>
		<pubDate>Sun, 13 Jul 2008 08:29:59 +0000</pubDate>
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		<description>&lt;p&gt;As a bit of 2 cents, I remembered how hard it was to get the Pentagon Papers published and in circulation.  Gavel read them from the floor of Congress where he had immunity.  I wonder if reading key documents, from whistle-blowers or experts on topics (as Bybee memo, orders, presidential findings, etc.) that cut to the quick of the secrecy and lies, reading them and discoursing on them from the floor with CSPAN coverage, could be a useful tool….&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>As a bit of 2 cents, I remembered how hard it was to get the Pentagon Papers published and in circulation.  Gavel read them from the floor of Congress where he had immunity.  I wonder if reading key documents, from whistle-blowers or experts on topics (as Bybee memo, orders, presidential findings, etc.) that cut to the quick of the secrecy and lies, reading them and discoursing on them from the floor with CSPAN coverage, could be a useful tool….</p>
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		<title>By: yonodeler</title>
		<link>http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/comment-page-2/#comment-86301</link>
		<dc:creator>yonodeler</dc:creator>
		<pubDate>Sun, 13 Jul 2008 06:32:01 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/07/12/the-fisa-loss-recommendations-for-the-future/#comment-86301</guid>
		<description>&lt;p&gt;I’m not to the point of holding that only tech-savvy candidates should be elected to Congress, but I’ll say that we should expect every Member of Congress to be aware of technological issues pertaining to legislation before Congress and to congressional responsibilities. Having or pretending to have little knowledge of telecommunications and information technology should no longer be acceptable. Every Member can have staff possessing technical knowledge who can help the Member acquire technical understanding necessary for performance of duty; there are abundant resources on the World Wide Web; there are experts who would gladly tutor congressional committees or Members requesting tutoring.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I’m not to the point of holding that only tech-savvy candidates should be elected to Congress, but I’ll say that we should expect every Member of Congress to be aware of technological issues pertaining to legislation before Congress and to congressional responsibilities. Having or pretending to have little knowledge of telecommunications and information technology should no longer be acceptable. Every Member can have staff possessing technical knowledge who can help the Member acquire technical understanding necessary for performance of duty; there are abundant resources on the World Wide Web; there are experts who would gladly tutor congressional committees or Members requesting tutoring.</p>
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