Voters Confront Chris Van Hollen About NSA Mass Surveillance // PLUS: Rep. Dennis Kucinich Slams NSA at DC Film Screening

Privacy Advocates Criticize Chris Van Hollen at Town Hall

Maryland Juice previously reported that more than half of the Free State's Democratic members of the U.S. House voted to continue potentially illegal violations of our Internet and telephone privacy. Democratic Representatives John Delaney, Chris Van Hollen, Dutch Ruppersberger, and Steny Hoyer voted against ending constitutionally questionable surveillance of Americans, while Donna Edwards, John Sarbanes, Elijah Cummings and GOP Rep. Andy Harris voted to end the sketchy practice.

Below we provide a round-up of updates to the snowballing story, including responses from Congressmen John Delaney & Chris Van Hollen.

VOTERS SLAM VAN HOLLEN AND OTHER POLITICIANS OVER NSA SURVEILLANCE - In the wake of startling revelations that the NSA (our top spy agency) has been engaging in mass surveillance of innocent Americans, voters are beginning to confront members of Congress during their August recess Town Hall meetings. Politico reported on the development last week (excerpt below):

POLITICO: Activists with Demand Progress and similar groups raised their surveillance qualms at a town hall held Tuesday by Rep. Jim Langevin (D-R.I.), a member of the House Intelligence Committee. And a small group of protestors appeared to disrupt [Rep. Chris] Van Hollen’s recent August gathering, an event focused on climate change in Silver Spring, Md. The tiny activist cohort carried signs emblazoned, “VAN HOLLEN WRONG ON NSA: Restore the 4th!” The Democratic congressman voted against the so-called Amash amendment because it wasn’t “the most comprehensive and effective” approach, according to a spokeswoman, who added Van Hollen does support “rewriting these laws....”

The foremost congressional supporters of the NSA long have been playing defense on Capitol Hill. At one point, though, agency allies invited the NSA’s leader, Gen. Keith Alexander, to brief lawmakers “in advance of the August district work period,” according to an invite sent to Democrats last month and obtained by POLITICO.

Maryland Rep. Dutch Ruppersberger, the leading Democrat on the House Intelligence Committee, hosted his party’s session. He stressed the meeting wasn’t focused on teaching members how to fend off angry voters. The point, Ruppersberger said, was to “get the facts from the source so that there’s not false information.”

OVERSIGHT FAILURE FROM CONGRESS - Rep. Dutch Ruppersberger, whose district includes the NSA's headquarters in Ft. Meade, has abdicated his responsibility to conduct oversight of the agency's surveillance activities, and has instead served as a cheerleader for illegal spying on Americans. The reason why this is a serious problem, is because the NSA's Director of National Intelligence James Clapper has now admitted he perjured himself when asked by Congress about the unconstitutional surveillance. Salon.com writer David Sirota now reports that a new poll shows a strong majority of Americans want to see Clapper prosecuted for perjury (excerpt below):

SALON.COM: There is no longer any doubt that Director of National Intelligence James Clapper lied to Congress. Likewise, there is no doubt that his lie runs afoul of federal law. And, of course, there is no doubt that in terms of its implications for oversight, constitutional precepts and privacy for millions of Americans, his lies were far more serious than those that have gotten other people prosecuted for perjury. The question now is whether his brazen dishonesty will become a political issue — or whether it will simply disappear into the ether.

As evidenced by President Obama this week attempting to promote Clapper to head an “independent” NSA reform panel, the White House clearly believes it will be the latter. But a set of new polls out today suggests such a calculation may be wrong....

In the Democratic states of California and Hawaii, 54 percent and 58 percent of voters, respectively, want him prosecuted. In middle-of-the-road Iowa, it’s 65 percent. And in Republican Texas and Kentucky, it is 68 percent and 69 percent, respectively. These are particularly striking numbers because the “not sure” numbers are relatively small....

Indeed, outrage over the NSA's surveillance of innocent Americans has become a bipartisan issue, even impacting those who voted correctly to end the questionable snooping. The Huffington Post reported recently that Maryland's Tea Party Congressman Andy Harris was confronted by voters over the issue, even though he voted the right way (excerpt below):

HUFFINGTON POST: A Maryland town hall meeting grew heated Tuesday, when GOP Rep. Andy Harris faced disgruntled constituents angry over partisan politics fraying the country and the perceived lack of Republican action to fix problems.

At a packed gathering in Bel Air, voters voiced their discontent on topics ranging from the Benghazi attack to National Security Agency surveillance to health care reform. Some demanded that Republicans do more to pressure President Barack Obama and Democrats to change the direction of the country....

Harris tried to calm the crowd during the almost-two-hour meeting, emphasizing that he is "very, very worried about what the NSA is doing"....But Harris' constituents had grave concerns.

"When is this government going to come clean with the American people and tell us what this secret law says, how it's being secretly interpreted, how it's being secretly implemented, and what it means [to] every person in this room," one angered resident asked....

DENNIS KUCINICH SLAMS NSA & COMMENTS ON SNOWDEN AT DC FILM SCREENING - Last week, Maryland Juice invited readers to the DC film premiere of "Terms and Conditions May Apply," a new film about privacy and surveillance in the digital era. The screening was attended by numerous national civil liberties advocates, several Montgomery County residents and filmmaker Cullen Hoback. But former presidential candidate and U.S. House member Dennis Kucinich stopped by the premiere and offered his thoughts on the NSA scandal. Kucinich slammed the NSA and called for its dissolution, while stating that there should be ticker-tape parades for NSA whistleblower Edward Snowden. Maryland Juice captured his comments in the video below:



VAN HOLLEN & DELANEY (KIND OF) BACKING AWAY FROM SUPPORT FOR NSA SURVEILLANCE - After the outcry over the failure to end the NSA's mass surveillance program, two Maryland supporters of the spy agency, are quietly trying to "reform" the program. Politico reported that this morning Van Hollen claimed that we should fix the snooping program to make it better (excerpt below):

POLITICO: [Rep. Chris Van Hollen] voted against an amendment by Rep. Justin Amash to pull much of the funding for the NSA program, calling it the wrong approach....  The NSA was back in the news last week after recent with a report in The Washington Post that the agency has broken privacy rules “thousands” of times.... The NSA to needs to get “advanced approval” for its queries, Van Hollen said....

Meanwhile, a few weeks ago Rep. John Delaney issued a press release asking for Congress to "examine" the NSA's mass surveillance activities:

JOHN DELANEY: Congressman John K. Delaney (MD-6) has joined 153 Members of Congress on a letter to President Obama regarding the NSA’s collection of bulk metadata. The letter states that, “Congress must examine the various national security collection programs and consider amendments to the law.”...

“My constituents have made it clear that they are troubled by the scope of our intelligence and counter-terrorism programs. I share their concerns. In the Washington region, we also know that we face an elevated risk of terrorism each day. Congress has a critical oversight role to perform and we should continue to examine the constitutional and national security implications of our policies,” said Congressman Delaney. “There was a heated debate last week on the Amash amendment, but that was not the final chapter. It’s important that we get this right: these programs are at the intersection of our security and protected liberties, the stakes are very high.” 

Indeed, Van Hollen and Delaney both signed a flimsy and meaningless letter to President Obama noting that there are "lingering questions" about NSA activities and that Congress should "examine" what's going on. It should be noted, however, that the letter lacks any credibility, given that it calls for no specific policy changes and was also signed by the same Democratic leaders who were whipping the NSA vote against privacy advocates. Indeed, many long-time rubber-stamps for the NSA and Pentagon signed the letter calling for more "examination" of the NSA's assault on the constitution. What have they been doing the last ten years? Apparently not "examining" what the NSA is doing.  #OversightFAIL

MORE ON THE GROWING NSA SURVEILLANCE SCANDAL SOON!

EVENT: Movie Night w/ Maryland Juice on Friday // PLUS SEE: "Terms & Conditions May Apply" Trailer & Filmmaker Interview

MOVIE NIGHT WITH MARYLAND JUICE: One of Maryland Juice blogger David Moon's ongoing work projects involves national advocacy for progressive issues and Internet freedom through a 1.5 million member group called Demand Progress. In that capacity, I am currently helping promote a startling new film about online privacy and government surveillance, titled "Terms and Conditions May Apply." The movie premieres in DC this Friday at the West End Cinema, and Maryland Juice thought some readers might want to join for the festivities, given the timeliness of the topic for Maryland politicos. The opening night screening (Friday at 7:00 pm) will be followed by a discussion with the filmmaker and privacy experts, along with a wine reception. Not a bad deal for the cost of a movie ticket. Below you can watch the official film trailer, read an exclusive interview with filmmaker Cullen Hoback, and find out more about Terms and Conditions May Apply.

WHAT: Premiere of Terms and Conditions May Apply

WHEN: Friday, August 16th at 7:00 p.m.

WHERE: West End Cinema, 2301 M Street NW, Washington, D.C.

WHAT: Following the screening, Craig Aaron of Free Press will moderate a conversation with Terms and Conditions director Cullen Hoback, Open Technology Institute Senior Research Fellow Seeta Gangadharan and privacy expert Ashkan Soltani. Wine and snacks will be served at a reception.

ADMISSION: Tickets may be purchased here.

ABOUT THE FILM "TERMS AND CONDITIONS MAY APPLY" - The YouTube page for this movie describes it as, "a documentary about what you're really agreeing to when you click 'I accept.'" But the film goes much deeper than what rights you sign away through your online account agreements. Terms and Conditions May Apply takes viewers through a tour of surveillance and privacy infringement from companies like Facebook and from the government itself. The film was selected as a "New York Times Critics' Pick," and their movie review called it a "quietly blistering documentary" that "should rile even the most passive viewer" (excerpt below):

NEW YORK TIMES: Investigating our casual surrender of privacy rights every time we click the “Agree” button on those dense (and typically unread) online user contracts, the director Cullen Hoback outlines the real-life dangers of digital heedlessness. As the film illustrates, a random tweet or innocent Google search could summon a SWAT team to your door or transform you into a suspected terrorist.

Actual horror stories aside, this concise and lively summary of the many ways corporations, law enforcement and government agencies gather, share and use our information — assisted by digital giants like AT&T and Google — is creepily unnerving....

Audience members and critics alike agree with the New York Times, and as the film review site Rotten Tomatoes notes, Terms and Conditions May Apply has a strong 88% approval rating from critics and 83% from audience members. Below you can watch the official film trailer and read an exclusive interview with filmmaker Cullen Hoback:

INTERVIEW WITH TERMS AND CONDITIONS MAY APPLY 
FILMMAKER CULLEN HOBACK

First of all, why'd you decide this subject matter -- this was before the issue became nearly as prominent as it's been over the last several months? 

CULLEN HOBACK: I began the project nearly three years ago, asking the question "How is technology changing us?" It took me over a year of work to realize that the greatest change wasn't the technology itself at all, but what's behind that technology.  All those seemingly benign terms and conditions and privacy policies revealed the real cost of using digital services--the complete erosion of privacy.  It almost felt like I was being sucked into a conspiracy theory.  The pure scope of what the government seemed capable of was beyond science fiction.

Were there any really surprising things that you learned about the ways in which the law around privacy rights operates?

CULLEN HOBACK: The concept of the 3rd party doctrine is still baffling to me.  The notion that it's okay for a government to access information about you if you've given that information to a 3rd party, like a bank, or an email provider is totally mind-blowing.  It's like what we did in Iraq when we wanted to conduct operations that the military couldn't legally do itself.  We hired a private contractor: Blackwater.  That's essentially what major tech-companies have become; a sort of de-facto Blackwater that provides surveillance the government couldn't legally achieve by itself.  The main difference is that these tech companies aren't being paid for this.

Without giving too much away, can you speak to some of the more interesting, personal anecdotes that you cover in the film?

CULLEN HOBACK: I show multiple cases of perfectly innocent people having their lives upended dues to these spy systems.  A comedian is visited within hours after he makes a bad joke on Facebook.  A 7th grade boy is visited by our FBI, after posting a concerned message to Obama on Facebook--a warning to watch out for bombers after Osama Bin Laden was killed.  His mother wasn't notified when the FBI showed up at his school to interrogate him.  These systems are bad at context.  And that's a dicey game when you're in the business of trying to prevent crimes from happening.

What do you see as the relative importance of government surveillance and corporate surveillance?  Or are they one in the same?

CULLEN HOBACK: If a corporation can see everything you do, and use that information to target you with ads or profit from its sale, then the government essentially has access to it as well.  So yes, they're one in the same.  In some instances, we've seen companies like Twitter stand up for the rights of their users.  However, this doesn't mean that the NSA isn't able to collect information against the will of a company through other means.  We need greater encryption built into innovative and new online tools.  The kind of encryption that disables both the company and the government from seeing what you do on any given service.

What would you advise viewers who are inspired to fight for their rights to do?

CULLEN HOBACK: I'd recommend visiting trackoff.us and petitioning Congressmen to see Terms and Conditions May Apply, because I think the first step in fixing these systems is to educate lawmakers.  From there we need greater control over our information, and we need to put pressure on companies like Facebook to stop tracking us, changing the rules overnight, and lying to us about what they do with our data.  A mixture of regulation, innovation, and pressure are vital to seeing change.  This and more will happen at trackoff.us.  Also, begin using tools like Ghostery, Wickr, duckduckgo, and Firefox and consider emerging social media services with privacy at the forefront like Sgrouples. 

The question everybody asks: Why should you worry about privacy rights if you're "not doing anything wrong"?

CULLEN HOBACK: If you feel that way, I'd recommend taking the blinds and curtains off of all of your windows.  And take your clothing off as well.  It's not about doing anything wrong, it's about it being no one else's business.  Beyond that, the use of these spy systems against free speech and a free press should be enough to make anyone shake in their totalitarian-fearing boots.

What do you hope will come of the Snowden situation?

CULLEN HOBACK: That I'll get to eat brunch with a free man, a man who's considered a hero, and that it will happen on US soil.  I'd also like to see Clapper investigated for lying under oath to the US Senate.

We hope you might join Maryland Juice for a movie night this Friday at 7:00 pm, but if you can't make it to the opening night screening and festivities, you can still catch the film during its run at the West End Cinema.

ROLL CALL: See How MD House Members Voted on NSA Mass Surveillance // HINT: Vote Edwards or Sarbanes for US Senate?

BACKGROUND: Yesterday Maryland Juice reported that in response to revelations that our government was engaging in constitutionally questionable mass surveillance of Americans, the U.S. House of Representatives would be voting on a proposal to end funding for the NSA's warehousing of your communications. For years Democrats berated President George W. Bush and his minions (Dick Cheney and John Ashcroft) over their post-9/11 war on civil liberties and the Constitution. But for years now, we've watched as the Democrats took power and used their status to continue and expand Bush's assault on our privacy and liberty.

Yesterday the nation got a chance to see who among the hundreds of members of the U.S. House would actually be willing to take a vote to restore due process. Unfortunately, the effort to protect civil liberties came breathtakingly close but fell short by a handful of votes in a 205 to 217 vote.

Maryland's eight U.S. House members split 50/50 on protecting due process and your privacy, and a switch of only seven votes would've changed the outcome in favor of the people. Below we highlight how the Free State's Congressional delegation voted on the effort to end the NSA's mass surveillance program, and we provide some political context for the pathetic anti-civil liberties votes from four of our U.S. House members. But first, The New York Times reported on the broad context of the anti-surveillance effort (excerpt below):

NEW YORK TIMES: A deeply divided House defeated legislation Wednesday that would have blocked the National Security Agency from collecting vast amounts of phone records, handing the Obama administration a hard-fought victory in the first Congressional showdown over the N.S.A.’s surveillance activities since Edward J. Snowden’s security breaches last month.

The 205-to-217 vote was far closer than expected and came after a brief but impassioned debate over citizens’ right to privacy and the steps the government must take to protect national security. It was a rare instance in which a classified intelligence program was openly discussed on the House floor, and disagreements over the  program led to some unusual coalitions....

The amendment to the annual Defense Department spending bill, written by Representatives Justin Amash, a libertarian Republican from Western Michigan, and John Conyers Jr., a veteran liberal Democrat from Detroit, turned Democrat against Democrat and Republican against Republican. It would have limited N.S.A. phone surveillance to specific targets of law enforcement investigations, not broad dragnets....

Mr. Amash framed his push as a defense of the Fourth Amendment’s prohibition against unreasonable search and seizure, and he found a surprising ally, Representative F. James Sensenbrenner Jr., Republican of Wisconsin and one of the principal authors of the Patriot Act. Mr. Sensenbrenner said his handiwork was never meant to create a program that allows the government to demand the phone records of every American. “The time has come to stop it,” Mr. Sensenbrenner said....

Ultimately, 94 House Republicans defied their leadership; 111 Democrats — a majority of the Democratic caucus — defied their president....

HOW DID MARYLAND'S U.S. HOUSE MEMBERS VOTE?- Though a majority of U.S. House Democrats voted to curb the NSA's sketchy mass surveillance program, a majority of Maryland's U.S. House Democrats voted to continue the erosion of their constituents' privacy rights and civil liberties. See the Maryland roll call below:

VOTED TO END SURVEILLANCE OF MARYLANDERS (GOOD VOTE)

• Rep. Elijah Cummings - CD7 Democrat
• Rep. Donna Edwards - CD4 Democrat
• Rep. Andy Harris - CD1 Republican
• Rep. John Sarbanes - CD3 Democrat

VOTED TO CONTINUE SURVEILLANCE OF MARYLANDERS (EVIL VOTE)

• Rep. John Delaney - CD6 Democrat
• Rep. Steny Hoyer - CD5 Democrat
• Rep. Dutch Ruppersberger - CD2 Democrat
• Rep. Chris Van Hollen - CD8 Democrat

SHADINESS FROM MARYLAND'S HOUSE DEMOCRATS WHO SUPPORT NSA SPYING - Four Maryland Democratic House members voted to continue funding the NSA's mass surveillance program, joining a majority of Republicans, including policymakers like Michele Bachmann, John Boehner, and Eric Cantor. Let's explore the anti-civil liberties votes (and some hypocrisy) from a few of Maryland's Democrats below:

#1 - REP. DUTCH RUPPERSBERGER: Ruppersberger's vote to continue funding the NSA's mass surveillance program should not come as a surprise to anybody. The NSA, after all, is headquartered in his district, and Dutch co-authored the controversial CISPA cybersnooping proposal which failed earlier this year (ironically with the backdrop of a White House veto threat that cited the privacy rights of individuals). But it is worth noting the numerous reports that Rep. Ruppersberger is one of the top recipients of contributions from the same Pentagon contractors who are doing much of the spying. The Washington Times reiterated this point last month (excerpt below):

WASHINGTON TIMES: Six of the largest government contractors doing “Top Secret” work for the National Security Agency and other U.S. intelligence agencies have given more than $16 million to lawmakers since 2007, according to Maplight, a firm that tracks political donations.   

The biggest donors were Lockheed Martin, whose employees gave over $5 million; Boeing, Inc. whose workers chipped in more than $4.5 million; and Northrop Grumman, $3.3 million....

Democratic Rep. C.A. “Dutch” Ruppersberger, whose Maryland district includes the Fort Meade headquarters of the NSA, and who is the ranking member of the Permanent Select Committee on Intelligence, received the second most in contributions, with just over $225,000....

#2 - REP. STENY HOYER: Steny Hoyer's vote to continue the mass surveillance of Americans is also not a shocker. Hoyer previously voted for the Patriot Act twice. Moreover, in past months, Hoyer was running around the country endorsing centrist/conservative Democrats in contested Democratic Primaries, presumably in the hope of finding allies in his quest to succeed Nancy Pelosi. But even more disturbing than Hoyer's positioning against progressives is his seeming use of the Patriot Act and government surveillance as political tools. For example, Maryland Juice located a 2005 press release from Mr. Hoyer where he hypocritically chastised Republicans over their use of the Patriot Act, before voting for it multiple times. Interestingly, the press release appears to have been removed from Hoyer's website, though I was able to track down a backed up copy (excerpt below):

STENY HOYER (CIRCA 2005):  House Republicans Abdicate Oversight on Patriot Act

Today, on this House floor, the American people will see no division in our willingness to do what is necessary to fight terrorism. What they will see today, however, is an absolute abuse of power by this Republican Majority – which has deliberately and purposely chosen to stifle a full debate on this important legislation, the Patriot Act.

This Republican rule is nothing less than a craven failure of our Congressional oversight responsibility on legislation that involves the government’s power to intrude on American lives. Every single year, Mr. Speaker, this Congress reauthorizes Department of Defense programs.  This reauthorization process allows us to assess, to re-examine and to re-calibrate our defense policies to the changing circumstances.

Today, however, we are being forced by this Republican Majority to permanently authorize 14 of 16 provisions of the Patriot Act.  And, we are being forced to extend the remaining two provisions – one that involves “roving” wiretaps; the other dealing with the FBI’s power to demand business records – for 10 years.

Democrats fought to sunset these provisions.  Why?  Because when it comes to the government’s power to intrude on the private lives of American citizens, the United States Congress should not be a participant in giving the government unchecked power to do so.  But our Republican friends seem to be afraid of a free, full debate on this issue.  Why are they so afraid of our democratic process?....

This Republican rule is an affront not only to Democrats – but to the American people and to our constitutional principles. And, history will record it as such.  Vote no on this rule.

#3 - REP. CHRIS VAN HOLLEN: Van Hollen is actually my own representative in Congress, so his vote to continue supporting the mass surveillance of Americans (including me) is very, very disappointing. Many of us expect a solid progressive voting record from Rep. Van Hollen, especially considering that his district is anchored in liberal Montgomery County. But the vote to continue eroding civil liberties and due process for Van Hollen's constituents appears to be the latest in a small string of support for the military industrial complex from someone who is often seen as Montgomery County's "golden boy."

In March of 2011, Van Hollen voted against winding down the war in Afghanistan (note that Rep. Donna Edwards was the only House member from Maryland to vote to end the war). Then in October of 2011, the Montgomery County Council introduced a completely symbolic resolution asking Congress to spend more money on social programs instead of war. The resolution had enough sponsors to pass, but strangely The Washington Post reported that it was withdrawn after lobbying by Lockheed Martin and Rep. Chris Van Hollen (excerpt below):

WASHINGTON POST: A Montgomery County Council resolution asking Congress to spend less on wars and redirect the funds to social programs has drawn the scrutiny of one of the county’s largest employers and other lawmakers.... The nonbinding resolution, introduced by County Council President Valerie Ervin (D-Silver Spring), had gained a 5 to 4 majority on the council and was scheduled for a vote Tuesday.

But late last week, lawmakers and Bethesda-based Lockheed Martin, a defense contracting giant that employs more than 5,000 workers in Montgomery, urged county officials against the resolution. Ervin has withdrawn the measure, citing lack of support.

Council members and county officials were called by one of Lockheed Martin’s top lobbyists, a state delegate, and the offices of County Executive Isiah Leggett (D), Gov. Martin O’Malley (D) and Rep. Chris Van Hollen (D)....

Going back to the topic of the Patriot Act, it should be highlighted that like Steny Hoyer, Van Hollen sang a different tune in 2005. Check out his hilariously contradictory past statements about the Patriot Act (excerpt below):

CHRIS VAN HOLLEN (CIRCA 2005): Mr. Chairman, I rise to explain my decision to vote against the Conference Report on the Patriot Act.... It is very important that, in our effort to defend the liberties that Americans cherish, we not enact measures that erode the very freedoms we seek to protect. We can ensure that the government has the necessary surveillance powers without sacrificing the privacy rights of Americans....

Unlike the Senate bill, the Conference Report allows the government to obtain personal information on a mere showing of “relevance,” thereby striking the safeguard contained in the Senate passed bill that required a three-part test.  This allows the government to obtain this information without demonstrating that the information that they are seeking has some connection to a terrorist or a spy....

It is important that any policy that is advanced to enhance our nation’s security always maintains appropriate “sunshine” and checks and balances on those law enforcement and intelligence agencies that are empowered to promote national security.  History reminds us that these law enforcement tools can be overzealously used and may also be directed at innocent parties....

#4 - REP. JOHN DELANEY: There's not much to say about John Delaney's vote to support the mass surveillance of his constituents. As a freshman lawmaker with no legislative record, politicos had little information available to try and predict how Delaney might vote in Congress. But I guess we're beginning to get a sense of him, and if this vote is any indication, it does not appear that Delaney prioritizes civil liberties or due process. This morning, however, I did receive the following press statement from Delaney's office "explaining" his vote:

JOHN DELANEY: In considering the Amash amendment, I do not believe that it represents the best approach to this critical national security topic. Oversight and smart reform deserve full deliberation and consideration. Unfortunately, this was a hurried debate on truly sweeping changes, via an amendment to the defense appropriations bill. Such an approach does not do justice to the seriousness of the issue, for either side.

The surveillance programs administered by the NSA and other agencies raise serious and troubling constitutional questions that need to be resolved. With new technologies emerging each day, we need to continually revisit our government practices. Our system of government has checks in place and Congress has an important oversight role. We should continue to be vigilant, ensuring that our constitutional rights are protected and I hope we have a serious debate about the future of this program. 

Basically it sounds like Delaney did not have enough time to think about whether the gutting of the 4th amendment and mass surveillance of his constituents was kosher. Um, okay. It was also reported this week that he stands to earn $69 million from the sale of his company, so maybe he's banking on being able to vote however he wants.


A HYPOTHETICAL OPEN SEAT PRIMARY FOR U.S. SENATE? -  So there you have it folks -- only four of Maryland's eight U.S. House members voted to curb the mass surveillance of their constituents, and one of the four "good" votes even came from Tea Party Rep. Andy Harris. Where does that leave progressives in the event that a U.S. Senate seat opens up down the road? At this point in time it seems like most of Maryland's congressional delegation would be interested in a promotion to the U.S. Senate, but there seem to be dwindling choices for those of us who are tired of the "inside" game when it comes to issues of justice and liberty. If the election were held today, based on the trajectory of these voting records, Maryland Juice would be forced to take a close look at Rep. Donna Edwards and Rep. John Sarbanes. I hate to say it, but a lot of other folks in our delegation are looking kind of suspect right now.... You can attribute this partly to their ambition, partly to their unwillingness to buck leadership, and partly to their feelings of invincibility in their current positions (*eye roll*).  But as one of my friends used to enjoy stating, "nobody's irreplaceable." And you can bet that if a U.S. Senate seat eventually emerges, Maryland's progressive primary electorate will be able to quickly rule out some of the potential options. But there's still time for these wayward lawmakers to make it right!


ANGRY TWEETS AGAINST THE FOUR MARYLAND DEMOCRATS WHO SUPPORTED MASS SURVEILLANCE - Maryland Juice is not the only one who is extremely irate about the assault on civil liberties from Congress. After the NSA vote, we saw a number of angry Tweets being directed at Rep. Chris Van Hollen, Rep. Steny Hoyer, Rep. John Delaney and Rep. Dutch Ruppersberger (samples below):

BACK TO SCHOOL FOR A CIVICS LESSON? - Amazingly, a wide range of telephone and Internet companies decided to give the NSA access to your user data (eg: Google, Microsoft, Apple, Facebook, AT&T, Sprint, Verizon, Skype, YouTube, etc). That is a situation that will need to be addressed by consumers very soon. But even more disturbing than the corporate misbehavior is that a large chunk of Congress (aka our representatives) apparently need a civics refresher course. After all, Maryland Juice would argue that this NSA surveillance vote was no ordinary vote. Whether the U.S. government can snoop without justification on the communications of millions of innocent Americans raises fundamental questions about due process, civil liberties, and abuse of power -- and more importantly, the issue begs the question of where these lawmakers draw the line when acting in the name of our safety. The slippery slope we all feared when Bush implemented the Patriot Act has become all too real, and Congress continues to let it happen. Enough already!

NOW OR NEVER: Congress to Vote on Ending NSA Surveillance Today // Left-Right Coalition Needs You to Call Your House Reps

PLEASE CONTACT MD MEMBERS OF CONGRESS TODAY  //  DETAILS BELOW

MARYLAND JUICE PUBLIC SERVICE ANNOUNCEMENT: If you paid attention to the news in the last month, you likely discovered that the NSA, America's top-secret surveillance agency headquartered in Maryland, has been spying on and harvesting data on your telephone usage, email communications, social media accounts, and much more -- all in the name of your safety. Numerous major corporations have been complicit in providing the NSA and FBI access to your communications data, including Google, Microsoft, Apple, Skype, AOL, YouTube, Facebook, Sprint, Verizon, AT&T and more. But the surveillance dragnet has involved millions of innocent Americans with little to no transparency for the public and minimal oversight from members of Congress. The only reason we now have proof of this government snooping on residents of the United States is due to the disclosures made from a handful of whistleblowers dating back to the George W. Bush administration, and most recently from 29-year-old former defense contractor Edward Snowden -- who is now being pursued as a "traitor" and "spy" by the Obama administration.

In fact, due to the NSA's classification of their spying operations as top-secret information, Senators who knew about what was going on were not even allowed to talk about it. But as the liberal blog DailyKos recently reported, a trio of U.S. Senators has been warning us for years about this civil liberties travesty (excerpt below):

DAILYKOS: Over two years ago [U.S. Senators] Merkley, Udall and Wyden warned about the administration's surveillance overrreach: "I want to deliver a warning this afternoon,” Wyden said. “When the American people find out how their government has secretly interpreted the Patriot Act, they will be stunned and they will be angry...."

U.S. HOUSE VOTE TO END MASS SURVEILLANCE OF AMERICANS TODAY: This may be the only vote the American public gets out of Congress to finally curtail years of sketchy behavior from government spying agencies, so your diligence as a voter is urgently needed today (details below). Dozens of groups on the left and right are mobilizing their supporters to call members of Congress and urge them to vote to end mass surveillance of Americans. The Huffington Post reported on the rare development yesterday, and noted that the NSA is now lobbying against the interests of the people (excerpt below):

HUFFINGTON POST: The National Security Agency called for a "top secret" meeting with members of the House on Tuesday to lobby against the first House amendment to challenge the agency's authority to cull broad swaths of communications data, according to an invitation circulated in Congress.

The amendment was authored by Rep. Justin Amash, a libertarian Republican from Michigan, and cosponsored by former chairman of the House Judiciary Committee and liberal Michigan Democratic Rep. John Conyers. The House ruled the amendment in order on Monday, and it is expected to get a vote sometime this week.

NSA head Gen. Keith Alexander scheduled a last-minute, members-only briefing in response to the amendment, according to an invitation distributed to members of Congress this morning and forwarded to HuffPost. "In advance of anticipated action on amendments to the DoD Appropriations bill, Ranking Member C.A. Dutch Ruppersberger of the House Intelligence Committee invites your Member to attend a question and answer session with General Keith B. Alexander of the National Security Agency," reads the invitation. The invitation warned members that they could not share what they learned with their constituents or others....

The Amash amendment would put the House on record when it comes to NSA snooping. The measure, which would be attached to the Pentagon's spending bill, "ends authority for the blanket collection of records under the Patriot Act" and "bars the NSA and other agencies from using Section 215 of the Patriot Act to collect records, including telephone call records, that pertain to persons who are not subject to an investigation under Section 215...."

But Sen. Ron Wyden (D-Ore.), a member of the Senate Intelligence Committee with access to classified details about the program, said there is no evidence that the data collection had been directly responsible for stopping any single plot. Civil libertarians, meanwhile, are aghast at the NSA's broad interpretation of the law, and even the [Patriot Act's] author said he was surprised at how it is being used....

IT'S NOW OR NEVER TO STAND UP FOR YOUR CIVIL LIBERTIES: The excuse by our nosy bureaucrats and government contractors over the years has been that the mass surveillance of Americans was all made legal years ago through the Patriot Act and FISA Amendments Act. Today you have an opportunity to take that excuse away from lawmakers and finally tell Congress to put their money where their mouths have been regarding civil liberties and your privacy rights. Please contact Maryland's U.S. House members and ask them to support the "Amash amendment" to end mass surveillance of Americans:

• CD1: Rep. Andy Harris (GOP)  -  Email,  Tweet  or call 202-225-5311
• CD2: Rep. Dutch Ruppersberger (DEM)  -  Email,  Tweet  or call 202-225-3061
• CD3: Rep. John Sarbanes (DEM)  -  Email,  Tweet  or call 202-225-4016
• CD4: Rep. Donna Edwards (DEM)  -  Email,  Tweet  or call 202-225-8699
• CD5: Rep. Steny Hoyer (DEM)  -  Email,  Tweet  or call 202-225-4131
• CD6: Rep. John Delaney (DEM)  -  Email,  Tweet  or call 202-225-2721
• CD7: Rep. Elijah Cummings (DEM)  -  Email,  Tweet  or call 202-225-4741
• CD8: Rep. Chris Van Hollen (DEM)  -  Email,  Tweet  or call 202-225-5341

This issue speaks to the fundamental balance of power between the people and our government, and Maryland Juice will be fairly unforgiving to those Democrats who choose to stand with the military industrial complex on the side of the Bush-Ashcroft-Cheney surveillance state. You can find additional details on the effort to protect our civil liberties through the "Amash amendment" in the ACLU Fact Sheet below:

ACLU Fact Sheet on Amash Amendment to End NSA Surveillance

Full disclosure: Note that I work for a progressive, Internet Freedom organization called Demand Progress that has been fighting the NSA's surveillance efforts.

EXCLUSIVE INTERVIEW: Congressman Dutch Ruppersberger Discusses Potential 2014 Bid for Governor with Maryland Juice

Earlier this week, Baltimore Sun columnist Dan Rodricks reported that Congressman Dutch Ruppersberger was weighing a surprise run for Maryland Governor in 2014. Maryland Juice found out firsthand that the rumors are true!

DUTCH RUPPERSBERGER TALKS TO MARYLAND JUICE ABOUT 2014 GOVERNOR'S RACE - Below Maryland Juice provides an exclusive interview with Rep. Dutch Ruppersberger about his exploration of a 2014 gubernatorial campaign. We asked Rep. Ruppersburger several questions about the basic contours of his race:

1. Why did you decide to start exploring the 2014 Governor's race?
2. Have you set a timeline for making a decision?
3. Would you consider being the running-mate of one of the existing candidates? 
4. Can you compete in fundraising this late in the game?

WATCH DUTCH RUPPERSBERGER DISCUSS A 2014 GUBERNATORIAL RUN

STOP CISPA: FLOOR VOTE WEDNESDAY: I should note that I was actually in Rep. Ruppersberger's office to discuss my concerns with his cybersecurity bill CISPA, but after a lengthy debate over that issue, I think the Congressman and I will have to agree to disagree. The bill's stated intent is to stop malicious "hackers," but it attempts to do so by overriding all existing online privacy laws and allowing companies (like Google, Facebook, and Twitter) to voluntarily share information with law enforcement agencies and defense contractors. In exchange, these companies are granted immunity from lawsuits.

The ACLU notes: "CISPA is a proposed law that would give companies unprecedented power to hand your personal information from the internet, including from private communications, over to government agencies without a warrant."

Granted most reasonable people want to protect the U.S. power grid and stop malicious hacking, but on the balance of things, Americans increasingly prioritize online privacy. Last year every Democratic House member from Maryland voted against CISPA (except for bill sponsor Rep. Ruppersberger), and President Obama threatened to veto the legislation.

The U.S. House is scheduled to vote on the proposal next Wednesday, and Maryland Juice hopes to see last year's CISPA opponents continue their opposition: Rep. Elijah Cummings, Rep. Donna Edwards, Rep. Steny Hoyer, Rep. John Sarbanes, and Rep. Chris Van Hollen. We also hope that Rep. John Delaney will join the majority of his Democratic colleagues in affirming last year's opposition to CISPA.

Okay, I'm jumping off my soapbox now, and I'll admit that in spite of my disagreements over this issue, Dutch Ruppersberger (a self-described moderate Democrat) seems like a nice enough guy. Moreover, I appreciate that he provided the opportunity for me to air some concerns with the legislation.

More on the 2014 Governor's race soon!

MD Attorney General Doug Gansler Elected President of National Association of Attorneys General // Focus on Online Privacy

Maryland Attorney General Doug Gansler has just released the following press statement announcing that he has been elected President of the National Association of Attorneys General (NAAG). Notably, Gansler has been serving as head of the Democratic Attorneys General Association (DAGA), and his website notes that his position there ended upon taking the NAAG role.

Gansler's statement also announces that his focus at NAAG will be on protecting Internet users' privacy. Indeed, this is a growing area of concern for consumers, given the roughshod treatment of our digital privacy by corporations and law enforcement officials. Rep. Dutch Ruppersberger, for example, recently sought to grant immunity to online companies if they share information about our Internet use with government officials.

A QUICK NOTE ON GANSLER'S ONLINE PRIVACY INITIATIVES - Gansler's press announcement states that he will use the NAAG role to highlight privacy violations by the "Internet's major players," and in his role as Maryland AG, he has worked to fight privacy policies at Google and Facebook. This is pretty smart politics for the 2014 gubernatorial candidate, given the enthusiasm from the Netroots for greater online privacy protections. But Maryland Juice would also reiterate that government officials are some of the worst violators of online privacy, and we hope to see Mr. Gansler also address the increasing disregard of digital privacy by law enforcement agencies. Moreover, Mr. Gansler also mentions NAAG's role in addressing "internet crime." We hope that he doesn't mean more overblown attempts at anti-piracy enforcement at the behest of pro-censorship companies like Rosetta Stone, as well as the film and music industries (ie: SOPA/PIPA). If Mr. Gansler is able to disregard the lies and propaganda from entertainment industry and cable lobbyists, he may be able to develop a real following among Internet users. We will be watching!

PRESS RELEASE 

Attorney General Douglas F. Gansler Elected 
President of National Association of Attorneys General

“Privacy in the Digital Age” will be presidential initiative

Anchorage, Alaska (June 22, 2012) – Attorney General Douglas F. Gansler has been unanimously elected the 105th President of the National Association of Attorneys General (NAAG) by his peers during NAAG’s Annual Summer Meeting. The nonpartisan association of chief legal officers from each state, territory and the District of Columbia has used its vast and varied expertise, experience and legal authority to address many of the nation’s most serious legal, social and economic issues, such as the home foreclosure crisis, tobacco litigation, financial fraud, human trafficking and internet crime.

“As the chief legal officers of our states, Attorneys General are engaged in every aspect of state governance. We are uniquely positioned to make a real difference in the lives of the citizens in our states, and we do so every day,” said Attorney General Gansler. “It is an honor to serve as NAAG President. I look forward to working with my colleagues on some of our states’ and our nation’s most pressing issues.”

Upon accepting office, Attorney General Gansler announced his intent to examine “Privacy in the Digital Age” as his yearlong Presidential Initiative.

“The Digital Age has transformed everything we do, from buying groceries to boarding an airplane, from treating an illness to socializing with friends and family. These changes have raised some unique and significant challenges to privacy,” said Attorney General Gansler. “With this initiative, we will bring the energy and legal weight of this organization to investigate, educate and take necessary steps to ensure that the Internet’s major players protect the privacy of online consumers while balancing their legitimate business interests.”

Currently serving his second term in office, Attorney General Gansler has also served as Chairman of the Democratic Attorneys General Association. He has also chaired NAAG committees on Youth Access to Alcohol and Environment and Energy. Gansler is the second Attorney General from Maryland elected to NAAG’s top office. The first was Attorney General Francis Burch, elected in 1970.

For Attorney General Gansler’s bio: http://www.oag.state.md.us/bio.htm

For more information about the Maryland Office of Attorney General: http://www.oag.state.md.us/

For more information about NAAG accomplishments and initiatives: http://www.naag.org/press_room.php

To visit the NAAG website: http://www.naag.org/

# # #

Obama Threatens to Veto Rep. Dutch Ruppersberger's Internet Snooping Bill // Advocates Condemn CISPA During Floor Debate

UPDATE: The House Republican majority rammed through CISPA tonight on a mostly party-line vote. Here's how Maryland's House delegation voted - YES: Rep. Roscoe Bartlett, Rep. Andy Harris, Rep. Dutch Ruppersberger // NO: Rep. Elijah Cummings, Rep. Donna Edwards, Rep. Steny Hoyer, Rep. Chris Van Hollen, Rep. John Sarbanes. The technology bloggers at TechDirt wrote:

TECHDIRT: Up until this afternoon, the final vote on CISPA was supposed to be tomorrow. Then, abruptly, it was moved up today—and the House voted in favor of its passage with a vote of 248-168. But that's not even the worst part....

The CISPA that was just approved by the House is much worse than the CISPA being discussed as recently as this morning.... The government would be able to search information it collects under CISPA for the purposes of investigating American citizens with complete immunity from all privacy protections as long as they can claim someone committed a "cybersecurity crime". Basically it says the 4th Amendment does not apply online, at all.

Today, the U.S. House of Representatives is engaging in a heated floor debate on Rep. Dutch Ruppersberger's Internet snooping legislation CISPA (aka HR 3523). You can watch the proceedings online. A floor vote is expected TONIGHT.

STOP #CISPA // TWEET AT BILL SPONSORS: @CALL_ME_DUTCH and @ROSCOE_BARTLETT

OPPOSITION ON THE LEFT: CISPA has been criticized by key House Democrats, and a recent veto threat by President Obama was a gamechanger in the policy dialogue. Obama cited CISPA's weak efforts to protect our online privacy. The Hill today reported on Rep. Ruppersberger's response:

THE HILL: Democratic Rep. Dutch Ruppersberger (Md.) voiced frustration Thursday with the White House's threat to veto his cybersecurity bill.

"It was like a kick in the solar plexus," Ruppersberger said, referring to an area of the abdomen....

Maryland Attorney General Doug Gansler's New Fundraising Letter Previews Issues for 2014 Governor's Race

A Maryland Juice reader has forwarded us a scanned copy of the following fundraising letter from Attorney General Doug Gansler. Two things are worth noting:

1. Gansler's fundraising is not slowing down, and 
2. Gansler is previewing a set of issues and accomplishments as Attorney General that he will likely highlight in a 2014 gubernatorial bid. 

We noted in January that Gansler was developing a large cash lead in the race for the 2014 Democratic Primary, with over $4 million in his war chest already. In the letter below, he highlights a body work around four issue areas:

1. Environmental Enforcement & Alternative Energy
2. Alcohol-Related Public Safety Issues & Senior Abuse
3. Consumer Protections for Home Loans & Refinancing
4. Internet Privacy

Rep. Dutch Ruppersberger & Rep. Roscoe Bartlett would do well to take note of number 4, given their recent decision to sponsor legislation encouraging government snooping of Internet social networks.

Maryland Attorney General Doug Gansler Fundraising Letter - April 2012