The Obama Administration wants the Supreme Court to dismiss an American Civil Liberties Union (ACLU) challenge to the Foreign Intelligence Surveillance Act (FISA) Amendments Act, an act passed in 2008 that ACLU attorneys contend “allows dragnet surveillance of Americans’ international communications with none of the safeguards that the Constitution requires.” It filed a petition to the Court asking for an appeals court ruling that permits the ACLU to challenge the law to be overturned.

A federal court has upheld on appeal a ruling that telecom companies can receive legal immunity from Congress for participating in the warrantless wiretapping program under George W. Bush.

Russ Feingold is a hero, and for good reason, to progressives. Russ was one, if not the only one, of the Democratic Senate, make that Senate as a whole, who really stood up for civil liberties in the face of the bipartisan onslaught that has occurred over the last decade, both under George Bush and Barack Obama.

this has gotten me thinking. If you were to talk about a country establishing a “digital insider presence” on computer networks looking to collect sensitive financial data, you could be describing this alleged hacker or … the United States’ wiretappers. And that’s even before we threaten to wiretap the SWIFT database so we can take what SWIFT won’t just give us.

Mind you, it shouldn’t take personal encounters like this for the Administration to realize it was going to look really stupid trying to convict a guy for keeping two unclassified documents in his email archive. But in the same way that it took PJ Crowley asking the President about Bradley Manning, did it take Thomas Drake asking Eric Holder about his own case to make that case to the Administration?

Thomas Drake just signed a plea agreement, admitting to Exceeding Authorized Use of a Computer.

Earlier, we learned that (thanks to Antonin Scalia) the word “suspicion” no longer means what it used to mean.

Now we learn that “protected” doesn’t mean what it used to mean.

As Josh Gerstein reports, the judge in the Thomas Drake case has agreed to let the government protect unclassified information using the Classified Information Procedures Act. But as Drake’s lawyers make clear, the process of substitution is making unclassified information look classified.

This CNN column by Bob Greene is so blithely, obliviously ridiculous that I am almost speechless. He latches onto one phrase from a posthumous Korean War Medal of Honor citation, “utterly disregarding his own safety,” and repeats it over and over again like some kind of magical talisman as he uses our troops to “prove” that 9/11 did not change our national character.

HBGary’s past governmental work has been about cybersecurity–assessing malware and finding intrusions. But they’ve been proposing collecting information about citizens’ First Amendment activity to use to target those citizens. And the Air Force–that entity with a cybersecurity budget bigger than all of DOD’s cybersecurity budget–is the service that was engaging cybersecurity firms to develop persona management software.

But aside from that, why should we be worried that such dangerous entities are organizationally such a clusterfuck?

The unredacted sections of the Goldsmith Memo do not rely on In re Sealed Case to claim warrantless wiretapping qualifies as a special need, whereas the White Paper does.