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July 19, 2010

Washington Post's Top Secret America

A very interesting and comprehensive look at our growing national security and intelligence apparatus by the Washington Post today.

The story tries to wrap its arms around the huge industry that has become "Top Secret America." There's nothing truly explosive in the story (aside from the main point that maybe our intel apparatus is too big for its own good), but it's one of the first pieces of mainstream journalism to look at the big picture and what it means for our national security. Plus, it's chock full of interesting data points.

There are many companies in Maryland that do top secret work for the federal government -- you can find them in a database that the Post put together.

For instance, there are 372 Maryland companies and government organizations in the state that are involved in top secret work with the government.


This is an archived version of the technology blog. For updated coverage, see the current baltTech location: baltimoresun.com/balttech
Posted by Gus Sentementes at 10:19 AM | | Comments (2)
Categories: *NEWS*, Big Ideas, Government Tech
        

Comments

I think it is an important topic to be covered BUT the layout for the online portion was HORRIBLE!!!!. The 'article' is more akin to a slideshow than anything else. And did you try and click on the comments? If not try it.

Following 9/11 Bush II set into motion counter-surveillance networks, that allowed NSA illegal wiretaps and surveillance of Americans private emails—allegedly to prevent terrorists attacking America. Subsequently U.S. Government counter-surveillance networks have become huge, supported by thousands of government employees and private contractors, many duplicating work. There are now tens of thousands of U.S. Government counter-surveillance agents, employees and private contractors monitoring U.S. Citizens private records and communications with no Congress or U.S. Citizens’ oversight. It is probable spies have already infiltrated private contractor industries stealing or buying vast amounts of intelligence information.

What this report does not mention, in the U.S., government-private contractors and their operatives work so close with police exchanging information to arrest Americans and or share in the forfeiture of their assets, they appear to have merged with police. Similarly in 1933 after the German Parliament building was set afire, Hitler used the fire as vehicle to use taxpayer money to expand his private police, the Gestapo and increasing merged it with German national security. Even before the Gestapo was consolidated with the German Government, the Gestapo arrested Citizens and confiscated private property with no legal authority." However U.S. Government has already granted that power to private contractors. In 1939 all German Police agencies including the Gestapo were put under the control of the "Reich Main Security Office” the equivalent of U.S. Homeland Security.

Can History repeat itself? It is foreseeable that should there be a radical change in U.S. Government, many of the current government private contractors would continue working for e.g. a fascist U.S. Government; communist or other despot government against the interests of Americans. Consider the German police first work for a democracy; then under Hitler worked for the Nazi Fascists; then worked for the Soviet Union running the East German Police (Stasi) believed to be the world most oppressive police force until the German Wall came down.

Now consider the power Congress, perhaps negligently has given police and Black Box counter-surveillance entities; including private contractors to spy on U.S. Citizens. Under Bush II NSA illegally wiretapped your phone, fax and private email communications: Now NSA will monitor your Internet. In 2008 Telecoms were granted government immunity after they helped U.S. Government spy on millions of Americans’ electronic communications. Since, Government has not disclosed what happened to NSA’s millions of collected emails, faxes and phone call information that belong to U.S. Citizens? Could those wiretaps perhaps illegal, become a problem for some Americans? Neither Congress nor the courts—determined what NSA electronic surveillance could be used by police or introduced into court by the government to prosecute Citizens.

In 2004, former Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary” criminal prosecutions. That was shortly after a court case lowered a barrier that prior, blocked prosecutors from using illegal-wire tap evidence in Justice Dept. “Intelligence Files” to prosecute ordinary crimes. It would appear this information, may also be used by government to prosecute civil asset forfeitures.
See: http://www.securityfocus.com/news/5452

Considering that court case, it appears NSA can share its electronic-domestic-spying with government contractors and private individuals that have security clearances to facilitate the arrest and forfeiture of Americans’ property—-to keep part of the bounty. Police too easily can take an innocent person’s hastily written email, fax, phone call or web post out of context to allege a crime or violation was committed to cause an arrest or asset forfeiture.

There are over 200 U.S. laws and violations mentioned in the Civil Asset Forfeiture Reform Act of 2000 and the Patriot Act that can subject property to civil asset forfeiture. Under federal civil forfeiture laws, a person or business need not be charged with a crime for government to forfeit their property. Again, in the U.S., private contractors and their operatives work so close with police exchanging information to arrest Americans and or share in the forfeiture of their assets, they appear to merge with police.

Rep. Henry Hyde’s bill HR 1658 passed, the “Civil Asset Forfeiture Reform Act of 2000” and effectively eliminated the “statue of limitations” for Government Civil Asset Forfeiture. The statute now runs five years from when police allege they “learned” that an asset became subject to forfeiture. With such a weak statute of limitations and the low standard of civil proof needed for government to forfeit property “A preponderance of Evidence”, it is problematic law enforcement and private government contractors will want access to NSA and other government wiretaps perhaps illegal and Citizens’ private information U.S. Government agencies glean monitoring the Internet, to arrest Americans and to seize their homes, inheritances and businesses under Title 18USC and other laws. Of obvious concern, what happens to fair justice in America if police and government contractors become dependent on “Asset Forfeiture” to pay their salaries and operating costs?

Under the USA Patriot Act, witnesses including government contractors can be kept hidden while being paid part of the assets they cause to be forfeited. The Patriot Act specifically mentions using Title 18USC asset forfeiture laws: those laws include a provision in Rep. Henry Hyde’s 2000 bill HR 1658—for “retroactive civil asset forfeiture” of “assets already subject to government forfeiture”, meaning "property already tainted by crime" provided “the property” was already part of or “later connected” to a criminal investigation in progress" when HR.1658 passed. That can apply to more than two hundred federal laws and violations Government can forfeit property—requiring only “A Preponderance of Civil Evidence” little more than hearsay.

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About Gus G. Sentementes
Gus G. Sentementes (@gussent on Twitter) has been writing for The Baltimore Sun since 2000. He's covered real estate, business, prisons, and suburban and Baltimore City crime and cops. He was one of the first reporters at The Sun to use multimedia tools and Web applications -- a video camera, an iPhone -- to cover breaking news. He hopes to cover Maryland geeks and the gadgets and Web sites they build, and learn -- and share -- something new every day.

Gus has a wife, a young daughter and two feuding cats. They live in Northeast Baltimore.
This is an archived version of the technology blog. For updated coverage, see the current baltTech location: baltimoresun.com/balttech
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