Psyche, Science, and Society

Cheap pain ray developed by Israeli academics

Israelis make new advances in “non-lethal,” deniable mass torture. Imagine the uses? No more batons and tear gas to suppress protesters. Every authoritarian, make that every state, will want one. Which countries won’t  follow?

Israeli ‘portable pain ray’ raises fears of non-lethal weapons proliferation

By Daniel Tencer

Israeli researchers have developed a portable device that causes excruciating sensations of burning and can be built for just $250,000, raising fears that even the world’s poorest, most oppressive governments will now be able to use advanced non-lethal weapons on their civilian populations.

The Man-Portable Active Denial System, developed by researchers at the College of Judea and Samaria, can beam a microwave ray that causes skin surface to heat up to 130 degrees Fahrenheit, causing the nerve cells in the skin to think they’re on fire.

In tests of a similar project by the US military, “nobody [was] able to stay in the beam for more than a few seconds,” writes David Hambling at Wired.com.

Reports of the US military developing a burn ray have been around for some time, but the US’s Active Denial System is a nine-ton machine that has not yet come out of testing, for technical and political reasons, Hambling reports.

But the Israeli researchers say they have developed “unique know-how” that allows them to build the technology on a much smaller scale, and for much less money. A cheap, portable version that could be easily purchased and distributed to law enforcement agencies raises concerns about civil rights, particularly in the wake of numerous controversies about police use of Tasers.

Steve Wright, a security expert at Leeds Metropolitan University in the UK, described the new class of “active denial” weapons as “torture at the touch of a button.”

“The project highlights how other countries could now develop their own versions on a shoestring budget,” Hambling writes. “If a university department can do it in Israel, so can others in Russia, China or anywhere else.”

Neal Ungerleider, on his TrueSlant blog, notes that Human Rights Watch has declared active denial weapons to have limited military applications.

And while the US military has been very cautious in the development of its version of the technology, Ungerleider suggests that the Israeli government may be more willing to experiment, pointing out that it has previously used “skunk bombs” on protesters. Skunk bombs spray their targets with a viciously foul-smelling liquid that can’t be washed off for at least 48 hours.

In 2004, defense contractor Raytheon received permission from the FCC to demonstrate early versions of active denial weapons to “law enforcement, military and security organizations,” suggesting that the US foresees allowing the technology into the hands of private security contractors.

November 13th, 2009

Justice Department subpoenas IndyMedia records, backs down

UPDATE: Crooks and Liars points out that the subpoena was signed on January 23, 2009, before Attorney General Holder was confirmed. So the Obama administration cannot be held responsible for this.

In the latest manifestation of the surveillance state, the Justice Department evidently tried to intimidate the radical news source, IndyMedia by subpoenaing  all records of visitors on a certain day and issuing a gag order not to tell anyone about it.When challenged, they withdrew the subpoena, but insisted its existence remain secret. Mow the Justice Department claims that the Attorney General knew nothing about the subpoena, violating Department guidelines. It remains to be seen if there will be any discipline for the US Attorney who acted illegally. Or is illegal behavior by US attorneys going to be tolerated in the Obama DoJ as it was in the Bush DoJ? We’ll have to wait and see.

Justice Dept. Asked For News Site’s Visitor Lists

By Declan McCullagh

In a case that raises questions about online journalism and privacy rights, the U.S. Department of Justice sent a formal request to an independent news site ordering it to provide details of all reader visits on a certain day.

The grand jury subpoena also required the Philadelphia-based Indymedia.us Web site “not to disclose the existence of this request” unless authorized by the Justice Department, a gag order that presents an unusual quandary for any news organization.

Kristina Clair, a 34-year old Linux administrator living in Philadelphia who provides free server space for Indymedia.us, said she was shocked to receive the Justice Department’s subpoena. (The Independent Media Center is a left-of-center amalgamation of journalists and advocates that – according to their principles of unity and mission statement – work toward “promoting social and economic justice” and “social change.”)

The subpoena (PDF) from U.S. Attorney Tim Morrison in Indianapolis demanded “all IP traffic to and from www.indymedia.us” on June 25, 2008. It instructed Clair to “include IP addresses, times, and any other identifying information,” including e-mail addresses, physical addresses, registered accounts, and Indymedia readers’ Social Security Numbers, bank account numbers, credit card numbers, and so on.

“I didn’t think anything we were doing was worthy of any (federal) attention,” Clair said in a telephone interview with CBSNews.com on Monday. After talking to other Indymedia volunteers, Clair ended up calling the Electronic Frontier Foundation in San Francisco, which represented her at no cost.

Under long-standing Justice Department guidelines, subpoenas to members of the news media are supposed to receive special treatment. One portion of the guidelines, for instance, says that “no subpoena may be issued to any member of the news media” without “the express authorization of the attorney general” – that would be current attorney general Eric Holder – and subpoenas should be “directed at material information regarding a limited subject matter.”

Still unclear is what criminal investigation U.S. Attorney Morrison was pursuing. Last Friday, a spokeswoman initially promised a response, but Morrison sent e-mail on Monday evening saying: “We have no comment.” The Justice Department in Washington, D.C. also declined to respond.

Kevin Bankston, a senior staff attorney at the San Francisco-based Electronic Frontier Foundation, replied to the Justice Department on behalf of his client in a February 2009 letter (PDF) outlining what he described as a series of problems with the subpoena, including that it was not personally served, that a judge-issued court order would be required for the full logs, and that Indymedia did not store logs in the first place.

Morrison replied in a one-sentence letter saying the subpoena had been withdrawn. Around the same time, according to the EFF, the group had a series of discussions with assistant U.S. attorneys in Morrison’s office who threatened Clair with possible prosecution for obstruction of justice if she disclosed the existence of the already-withdrawn subpoena — claiming it “may endanger someone’s health” and would have a “human cost.”

Lucy Dalglish, the executive director of the Reporters Committee for Freedom of The Press, said a gag order to a news organization wouldn’t stand up in court: “If you get a subpoena and you’re a journalist, they can’t gag you.”

Dalglish said that a subpoena being issued and withdrawn is not unprecedented. “I have seen any number of these things withdrawn when counsel for someone who is claiming a reporter’s privilege says, ‘Can you tell me the date you got approval from the attorney general’s office’… I’m willing to chalk this up to bad lawyering on the part of the DOJ, or just not thinking.”

Making this investigation more mysterious is that Indymedia.us is an aggregation site, meaning articles that appear on it were published somewhere else first, and there’s no hint about what sparked the criminal probe. Clair, the system administrator, says that no IP (Internet Protocol) addresses are recorded for Indymedia.us, and non-IP address logs are kept for a few weeks and then discarded.

EFF’s Bankston wrote a second letter to the government saying that, if it needed to muzzle Indymedia, it should apply for a gag order under the section of federal law that clearly permits such an order to be issued. Bankston’s plan: To challenge that law on First Amendment grounds.

But the Justice Department never replied. “This is the first time we’ve seen them try to get the IP address of everyone who visited a particular site,” Bankston said. “That it was a news organization was an additional troubling fact that implicates First Amendment rights.”

This is not, however, the first time that the Feds have focused on Indymedia — a Web site whose authors sometimes blur the line between journalism, advocacy, and on-the-streets activism. In 2004, the Justice Department sent a grand jury subpoena asking for information about who posted lists of Republican delegates while urging they be given an unwelcome reception at the party’s convention in New York City that year. A Indymedia hosting service in Texas once received a subpoena asking for server logs in relation to an investigation of an attempted murder in Italy.

Bankston has written a longer description of the exchange of letters with the Justice Department, which he hopes will raise awareness of how others should respond to similar legal demands for Web logs, customer records, and compulsory silence. “Our fear is that this kind of bogus gag order is much more common than one would hope, considering they’re legally baseless,” Bankston says. “We’re telling this story in hopes that more providers will press back and go public when the government demands their silence.”

Update 1:59pm E.T.: A Justice Department official familiar with this subpoena just told me that the attorney general’s office never saw it and that it had not been submitted to the department’s headquarters in Washington, D.C. for review. If that’s correct, it suggests that U.S. Attorney Tim Morrison and Assistant U.S. Attorney Doris Pryor did not follow department regulations requiring the “express authorization of the attorney general” for media subpoenas — and it means that neither Attorney General Eric Holder nor Acting Attorney General Mark Filip were involved. I wouldn’t be surprised to see an internal investigation by the Office of Professional Responsibility; my source would not confirm or deny that.

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Declan McCullagh is a correspondent for CBSNews.com. He can be reached at declan@cbsnews.com and can be followed on Twitter as declanm. You can bookmark Declan’s Taking Liberties site here, or subscribe to the

November 10th, 2009

David Shuster and Scott Horton dissect John Yoo

David Shuster and Scott Horton dissect John Yoo’s disingenuous defense in the Wall street Journal of his legal advice on warantless wiretapping and attack o the IG’s report:

July 17th, 2009

NYT: Investigate Bush-era crimes

The New York Times, in an editorial, calls for a full investigation of Bush-era lawbreaking:

Illegal, and Pointless

We’ve known for years that the Bush administration ignored and broke the law repeatedly in the name of national security. It is now clear that many of those programs could have been conducted just as easily within the law — perhaps more effectively and certainly with far less damage to the justice system and to Americans’ faith in their government.

That is the inescapable conclusion from a devastating report by the inspectors general of the intelligence and law-enforcement community on President George W. Bush’s warrantless wiretapping program. The report shows that the longstanding requirement that the government obtain a warrant was not hindering efforts to gather intelligence on terrorists after the 9/11 attacks. In fact, the argument that the law was an impediment was concocted by White House and Justice Department lawyers after Mr. Bush authorized spying on Americans’ international communications.

We know less, so far, about the Bush administration’s plan to send covert paramilitary teams to assassinate Al Qaeda leaders. But what is overwhelmingly clear is that there was no legal or rational justification for Vice President Dick Cheney’s order to conceal the program from Congress. The plan was never put into effect, apparently because it was unworkable. But it’s hard to imagine Congress balking at killing terrorists.

So why break the law, again and again? Two things seem disturbingly clear. First, President Bush and his top aides panicked after the Sept. 11 attacks. And second, Mr. Cheney and his ideologues, who had long chafed at any legal constraints on executive power, preyed on that panic to advance their agenda.

According to the inspectors general, the legal memo justifying warrantless wiretapping was written by John Yoo, then the deputy head of the Justice Department’s Office of Legal Counsel and author of other memos that twisted the law to justify torture.

In this case, the report said, he misrepresented both the law and the details of the wiretapping operation to make it seem as if the 1978 Foreign Intelligence Surveillance Act was outdated and that Mr. Bush could ignore it. And, according to the report, Mr. Yoo bypassed his bosses at the Justice Department and delivered his reports directly to, you guessed it, Mr. Cheney’s office.

For four years, until The Times revealed the warrantless wiretapping, Mr. Bush reauthorized the eavesdropping every 45 days based on memos from the intelligence community and Justice Department. The report said that when the “scary memos,” as they came to be called, were not sufficiently scary, lawyers under the direction of Alberto Gonzales, White House counsel and later attorney general, revised them or ordered up additional “threat information.” Each ended with a White House-written paragraph asserting that communications were intercepted from terrorists who “possessed the capability and intention” to attack this country.

After Mr. Yoo and his boss, Jay Bybee, left the Justice Department, their replacements concluded that the wiretapping program was illegal. The White House did eventually change parts of the program and then demanded that Congress legalize it, but only after the White House tried to force the Justice Department to ignore its own conclusions and after Robert Mueller, the director of the F.B.I., threatened to resign.

Mr. Cheney has tried to head off a reckoning by claiming that the warrantless wiretapping saved thousands of lives. The report said the C.I.A. could point to little direct benefit. The F.B.I. said most of the leads it produced were false. Others never led to an arrest.

This is not an isolated case. Once the Bush team got into the habit of breaking the law, it became their operating procedure that any means are justified: ordering the nation’s intelligence agents to torture prisoners; sending innocents to be tortured in foreign countries; creating secret prisons where detainees were held illegally without charge.

Americans still don’t have the full story. Even now, most of what the inspectors general found remains classified, including other wiretapping that Mr. Bush authorized. Mr. Yoo’s original memo is also classified.

President Obama has refused to open a full investigation of the many laws that were evaded, twisted or broken — pointlessly and destructively — under Mr. Bush. Mr. Obama should change his mind. A full accounting is the only way to ensure these abuses never happen again.

July 17th, 2009