10-23-2019  3:05 am   •   PDX Weather    •   SEA weather  
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NORTHWEST NEWS

Washington State Ecology Director Objects to EPA’s Proposed Clean Water Act Rule

Ecology Director Maia Bellon submitted formal objections in which she calls the proposal ill-advised and illegal

Washington State to Vote on Affirmative Action Referendum

More than two decades after voters banned affirmative action, the question of whether one's minority status should be considered in state employment, contracting, colleges admissions is back on the ballot

Merkley Introduces Legislation that Protects Access to Health Care for Those Who Cannot Afford Bail

Under current law, individuals in custody who have not been convicted of a crime are denied Medicare, Medicaid, and veterans’ benefits

New County Hire Aims to Build Trust, Transparency Between Community and Public Safety Officials

Leneice Rice will serve as a liaison focused on documenting and reporting feedback from a community whose faith in law enforcement has been tested

NEWS BRIEFS

U.S. Census Bureau Hosts Job Recruitment Events in Portland

There are several opportunities to ‘Meet the Employer’ today through Saturday for more information or to apply for 2020 census...

GFO Offers African Americans Help in Solving Family Mysteries

The Genealogical Forum of Oregon is holding an African American Special Interest Group Saturday, Oct. 19 ...

Third Annual NAMC-WA Gala Features Leader on Minority Business Development

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Building Bridges Event Aims to Strengthen Trust Between Communities

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The Black Man Project Kicks Off National Tour in Seattle

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Woman sues Oregon clinic over claims of past abuse by doctor

PORTLAND, Ore. (AP) — A woman who says she was repeatedly sexually abused by her pediatrician has filed a jumi million lawsuit against the doctor's former medical clinic in Oregon.The Oregonian/OregonLive reported Tuesday that the woman says the abuse occurred in the 1980s and early 1990s at...

Police: Body found is missing university student

PORTLAND, Ore. (AP) — Portland police say a body found near the St. Johns Bridge in Northwest Portland is a missing University of Portland freshman.Police on Tuesday evening said that the medical examiner's office had conducted an autopsy and positively identified the body as Owen...

AP Top 25: Ohio State jumps Clemson to 3rd; Wisconsin falls

Ohio State edged past Clemson to No. 3 in The Associated Press college football poll and Wisconsin dropped to 13th after being upset ahead of its showdown with the Buckeyes.Alabama remained No. 1 on Sunday in the AP Top 25 presented by Regions Bank, receiving 24 first-place votes. No. 2 LSU held...

Vaughn scores twice, Vandy upsets No. 22 Missouri 21-14

NASHVILLE, Tenn. (AP) — Derek Mason wants it known he's the best coach for the Vanderbilt Commodores.Riley Neal came off the bench and threw a 21-yard touchdown to Cam Johnson with 8:57 left, and Vanderbilt upset No. 22 Missouri 21-14 on Saturday with a stifling defensive...

OPINION

Atatiana Jefferson, Killed by Police Officer in Her Own Home

Atatiana Jefferson, a biology graduate who worked in the pharmaceutical industry and was contemplating becoming a doctor, lived a life of purpose that mattered ...

“Hell No!” That Is My Message to Those Who Would Divide Us 

Upon release from the South African jail, Nelson Mandela told UAW Local 600 members “It is you who have made the United States of America a superpower, a leader of the world" ...

Rep. Janelle Bynum Issues Response to the Latest Statement from Clackamas Town Center

State legislator questions official response after daughter questioned for ‘loitering’ in parking lot ...

Why Would HUD Gut Its Own Disparate Impact Rule?

"You can’t expand housing rights by limiting civil protections. The ’D’ in HUD doesn’t stand for ‘Discrimination’" ...

AFRICAN AMERICANS IN THE NEWS

Trump claim brings new pain to relatives of lynching victims

MONTGOMERY, Ala. (AP) — Willie Edwards Jr., a black truck driver, was killed by Ku Klux Klansmen who forced him to jump off a bridge in Alabama in 1957. Two years earlier, white men had bludgeoned black teenager Emmett Till to death in Mississippi. No one went to prison for either...

Farewells to US Rep. Elijah Cummings to begin in Baltimore

BALTIMORE (AP) — Constituents, friends and other mourners are set to gather at a historically black college in Baltimore to honor the life of U.S. Rep. Elijah Cummings in the first of a series of planned services.The Maryland congressman and civil rights champion died Thursday of...

Trump 2020 targeting Hispanic vote in nontraditional places

YORK, Pa. (AP) — President Donald Trump's reelection campaign is making contrarian appeals in the most unusual places, trying to win over Hispanic voters in states not known for them, like Pennsylvania.His second campaign, far better financed and organized than his first, is pressing every...

ENTERTAINMENT

Liam Gallagher talks solo rise, family feud and rock music

LOS ANGELES (AP) — Spend a few minutes with Liam Gallagher and it's clear the rocker hasn't lost any of his bravado, right down to counting himself among the greats in rock history.But Gallagher does acknowledge that one band breakup — not, Oasis, but rather the demise of Beady Eye in...

Lori Loughlin, other parents charged again in college scheme

BOSTON (AP) — "Full House" actress Lori Loughlin, her fashion designer husband and nine other parents faced new federal charges Tuesday in a scandal involving dozens of wealthy parents accused of bribing their children's way into elite universities or cheating on college entrance exams.A...

Celebrities to get drag makeovers in RuPaul's new VH1 series

LOS ANGELES (AP) — RuPaul is giving a dozen celebrities the chance to get drag makeovers for charity and bragging rights.VH1 said Tuesday that "RuPaul's Celebrity Drag Race" will air as a limited series next year.Each of the four episodes will feature a trio of stars competing for best drag...

U.S. & WORLD NEWS

Soto, Nationals top Cole, Astros 5-4 in World Series opener

HOUSTON (AP) — Juan Soto and the Washington Nationals quickly derailed the Cole Express.A 20-year-old...

39 people found dead in truck container in southeast England

LONDON (AP) — Police in southeastern England said 39 people were found dead Wednesday inside a truck...

Trump 2020 targeting Hispanic vote in nontraditional places

YORK, Pa. (AP) — President Donald Trump's reelection campaign is making contrarian appeals in the most...

Q&A: How a woman's death got tangled in Hong Kong politics

TAIPEI, Taiwan (AP) — Around Valentine's Day last year, the decomposing body of a pregnant Hong Kong woman,...

Botswana votes as ruling party faces surprising challenge

GABORONE, Botswana (AP) — Polls opened in Botswana on Wednesday as the long-peaceful southern African...

UK prime minister mulls early election over Brexit impasse

LONDON (AP) — British Prime Minister Boris Johnson appeared to be pushing Wednesday for an early general...

McMenamins
Kara Brandeisky Propublica

When the House of Representatives recently considered an amendment that would have dismantled the NSA's bulk phone records collection program, the White House swiftly condemned the measure. But only five years ago, Sen. Barack Obama, D-Ill. was part of a group of legislators that supported substantial changes to NSA surveillance programs. Here are some of the proposals the president co-sponsored as a senator.

As a senator, Obama wanted to limit bulk records collection.

Obama co-sponsored a 2007 bill, introduced by Sen. Russ Feingold, D-Wis., that would have required the government to demonstrate, with "specific and articulable facts," that it wanted records related to "a suspected agent of a foreign power" or the records of people with one degree of separation from a suspect. The bill died in committee. Following pressure from the Bush administration, lawmakers had abandoned a similar 2005 measure, which Obama also supported.

We now know the Obama administration has sought, and obtained, the phone records belonging to all Verizon Business Network Services subscribers (and reportedly, Sprint and AT&T subscribers, as well). Once the NSA has the database, analysts search through the phone records and look at people with two or three degrees of separation from suspected terrorists.

The measure Obama supported in 2007 is actually similar to the House amendment that the White House condemned earlier this month. That measure, introduced by Reps. Justin Amash, R-Mich., and John Conyers, D-Mich., would have ended bulk phone records collection but still allowed the NSA to collect records related to individual suspects without a warrant based on probable cause.

The 2007 measure is also similar to current proposals introduced by Conyers and Sen. Bernie Sanders, I-Vt.

As a senator, Obama wanted to require government analysts to get court approval before accessing incidentally collected American data.

In Feb. 2008, Obama co-sponsored an amendment, also introduced by Feingold, which would have further limited the ability of the government to collect any communications to or from people residing in the U.S.  

The measure would have also required government analysts to segregate all incidentally collected American communications. If analysts wanted to access those communications, they would have needed to apply for individualized surveillance court approval.

The amendment failed 35-63. Obama later reversed his position and supported what became the law now known to authorize the PRISM program. That legislation — the FISA Amendments Act of 2008 — also granted immunity to telecoms that had cooperated with the government on surveillance.

The law ensured the government would not need a court order to collect data from foreigners residing outside the United States. According to the Washington Post, analysts are told that they can compel companies to turn over communications if they are 51 percent certain the data belongs to foreigners.

Powerpoint presentation slides published by the Guardian indicate that when analysts use XKeyscore — the software the NSA uses to sift through huge amounts of raw internet data — they must first justify why they have reason to believe communications are foreign. Analysts can select from rationales available in dropdown menus and then read the communications without court or supervisor approval.

Finally, analysts do not need court approval to look at previously-collected bulk metadata either, even domestic metadata. Instead, the NSA limits access to incidentally collected American data according to its own "minimization" procedures. A leaked 2009 document said that analysts only needed permission from their "shift coordinators" to access previously-collected phone records. Rep. Stephen Lynch, D-Mass., has introduced a bill that would require analysts to get special court approval to search through telephone metadata.

As a senator, Obama wanted the executive branch to report to Congress how many American communications had been swept up during surveillance.

Feingold's 2008 amendment, which Obama supported, would have also required the Defense Department and Justice Department to complete a joint audit of all incidentally collected American communications and provide the report to congressional intelligence committees. The amendment failed 35-63.

The Inspector General of the Intelligence Community told Senators Ron Wyden, D-Ore., and Mark Udall, D-Co. last year that it would be unfeasible to estimate how many American communications have been incidentally collected, and doing so would violate Americans' privacy rights.

As a senator, Obama wanted to restrict the use of gag orders related to surveillance court orders.

Obama co-sponsored at least two measures that would have made it harder for the government to issue nondisclosure orders to businesses when compelling them to turn over customer data.

One 2007 bill would have required the government to demonstrate that disclosure could cause one of six specific harms: by either endangering someone, causing someone to avoid prosecution, encouraging the destruction of evidence, intimidating potential witnesses, interfering with diplomatic relations, or threatening national security. It would have also required the government to show that the gag order was "narrowly tailored" to address those specific dangers. Obama also supported a similar measure in 2005. Neither measure made it out of committee.

The Obama administration has thus far prevented companies from disclosing information about surveillance requests. Verizon's surveillance court order included a gag order.

Meanwhile, Microsoft and Google have filed motions with the Foreign Intelligence Surveillance Court seeking permission to release aggregate data about directives they've received. Microsoft has said the Justice Department and the FBI had previously denied its requests to release more information. The Justice Department has asked for more time to consider lifting the gag orders.

As a senator, Obama wanted to give the accused a chance to challenge government surveillance.

Obama co-sponsored a 2007 measure that would have required the government to tell defendants before it used any evidence collected under the controversial section of the Patriot Act. (That section, known as 215, has served as the basis for the bulk phone records collection program.) Obama also supported an identical measure in 2005.

Both bills would have ensured that defendants had a chance to challenge the legalityof Patriot Act surveillance. The Supreme Court has since held that plaintiffs who cannot prove they have been monitored cannot challenge NSA surveillance programs.

Those particular bills did not make it out of committee. But another section of the Foreign Intelligence Surveillance Act requires that the government tell defendants before it uses evidence collected under that law.

Until recently, federal prosecutors would not tell defendants what kind of surveillance had been used.

The New York Times reported that in two separate bomb plot prosecutions, the government resisted efforts to reveal whether its surveillance relied on a traditional FISA order, or the 2008 law now known to authorize PRISM. As a result, defense attorneys had been unable to contest the legality of the surveillance. Sen. Dianne Feinstein, D-Calif., later said that in both cases, the government had relied on the 2008 law, though prosecutors now dispute that account.

On July 30, the Justice Department reversed its position in one bomb plot prosecution. The government disclosed that it had not gathered any evidence under the 2008 law now known to authorize sweeping surveillance.

  

But that's not the only case in which the government has refused to detail its surveillance. When San Diego cab driver BasaalySaeedMoalin was charged with providing material support to terrorists based on surveillance evidence in Dec. 2010, his attorney, Joshua Dratel, tried to get the government's wiretap application to the Foreign Intelligence Surveillance Court. The government refused, citing national security.

Dratel only learned that the government had used Moalin's phone records as the basis for its wiretap application — collected under Section 215 of the Patriot Act — when FBI Deputy Director Sean Joyce cited the Moalin case as a success story for the bulk phone records collection program.

Reuters has also reported that a U.S. Drug Enforcement Administration unit uses evidence from surveillance to investigate Americans for drug-related crimes, and then directs DEA agents to "recreate" the investigations to cover up the original tip, so defendants won't know they've been monitored.

As a senator, Obama wanted the attorney general to submit a public report giving aggregate data about how many people had been targeted for searches.

Under current law, the attorney general gives congressional intelligence committees a semiannual report with aggregate data on how many people have been targeted for surveillance. Obama co-sponsored a 2005 bill that would have made that report public. The bill didn't make it out of committee.

Despite requests from Microsoft and Google, the Justice Department has not yet given companies approval to disclose aggregate data about surveillance directives.

As a senator, Obama wanted the government to declassify significant surveillance court opinions.

Currently, the attorney general also gives congressional intelligence committees "significant" surveillance court opinions, decisions and orders and summaries of any significant legal interpretations. The 2005 bill that Obama co-sponsored would have released those opinions to the public, allowing redactions for sensitive national security information.

Before Edward Snowden's disclosures, the Obama Justice Department had fought Freedom of Information Act lawsuits seeking surveillance court opinions. On July 31, the Director of National Intelligence released a heavily redacted version of the FISA court's "primary order" compelling telecoms to turn over metadata.

In response to a request from Yahoo, the government also says it is going to declassify court documents showing how Yahoo challenged a government directive to turn over user data. The Director of National Intelligence is still reviewing if there are other surveillance court opinions and other significant documents that may be released. Meanwhile, there are severalbills in Congress that would compel the government to release secret surveillance court opinions.

 

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