Get Your Satellite Out of My Backyard

by emptywheel

This will be interesting. The Dems are trying to prevent Chertoff from implementing his big brother satellite domestic spying program on October 1.

We are so concerned that, as the Department’s authorizing Committee, we are calling for a moratorium on the program until the many Constitutional, legal and organizational questions it raises are answered.

Today’s testimony made clear that there is effectively no legal framework governing the domestic use of satellite imagery for the various purposes envisioned by the Department. Without this legal framework, the Department runs the risk of creating a program that – while well-intended – could be misused and violate Americans’ Constitutional rights. The Department’s failure to include its Privacy Officer and the Civil Rights and Civil Liberties Officer before this July, almost two years after planning for the NAO began, only heightens our sense of concern. Privacy and civil liberties simply cannot remain an afterthought at the Department.

We ask that you provide the Committee with the written legal framework under which the NAO will operate, the standard operating procedures (SOPs) for the NAO – particularly those SOPs that will be used for requests by State, local, and tribal law enforcement, the privacy and civil liberties safeguards that will accompany any use of satellite imagery, and an analysis of how the program conforms with Posse Comitatus.

I say it's interesting because it's unclear whether this letter will have the legal umph to achieve its intent--preventing Chertoff from implementing his system. As I have pointed out before, Chertoff did not use the civil rights and privacy professionals in DHS to vet this system. And since those positions are statutory, presumably the failure to do so would predispose a court to rule Chertoff's program illegal. And this letter, clearly states a legislative intent to prohibit the government from implementing the system. With all the Fourth Amendment concerns raised by this program, that, too, may be enough to prevent DHS from implementing it.

But that begs the question: are the Congressional Dems prepared to pass actual legislation preventing Chertoff from implementing this program? Of course, Kagro will probably be here in about 45 seconds to remind us that, unless Congress is willing to take real steps to make sure the Administration follows the law, any law would be moot anyway.

Comments

[Waccamaw]

I caught most of the rerun of this hearing early today and the attitudes of the people from DHS were so far past chilling you couldn't get there from here. According to one of those on the committee (maybe Harmon?), she learned about it in the WSJ.

Get your fait accompli right here, hot off the presses.

[P J Evans]

Kagro X is over at dKos scoring points on the folks from DC. It will be at least 90 seconds before he can get here. ;)

[eyesonthestreet]

Speaking of fait accompli,

What will the program have that is not already available on Google Earth?

Do they want pictures to go with the sound? (from the patriot/Fisa programs)?

I am asking this facetiously, no response expected. (although it is no joke)

Just exactly, I want to know, WHO is going to be reviewing the pictures? Is this going to outsourced to another country, perhaps? Am I going to get a call to tell me I am hanging my laundry out to dry in the wrong way? I think I will move to a foggier neighborhood..........

[Kagro X]

Hell, I call for a moratorium on not delivering free pizza to my house. And ponies, too.

All "call for" framings are admissions of powerlessness. And as you correctly surmise, this one's got even less juice behind it than most.

Go ahead! Make it "illegal!" Michael Chertoff and Pretzelnit Bush have something for you that they'd like you to put in your faces: "Hahahahahahahahahaha!"

[greenhouse]

Damn, Kagro with the slam dunk analysis!

[Hugh]

Chertoff is probably the only person in the US government who could give George Bush a run for his money in terms of sheer incompetence. Like Bush, he combines disastrous ideas with really dopey execution.

[bmaz]

The Wheel family has a Sputnik in the backyard where the cement pond ought to be? I am jealous.

There is no question but that DHS, Chertoff and the Administration (anyone smell the aroma of Addington?) intentionally excluded the Privicy Office and Civil Rights and Liberties professionals in this scheme. Why you ask? This is patently offensive conduct under the Constitution.

Kyllo v. United States, 533 U.S. 27 (2001), held that the use of a thermal imaging device from a public vantage point to monitor the radiation of heat from a person's apartment was a "search" within the meaning of the Fourth Amendment, and thus required a warrant. Because the police in Kyllo did not have a warrant, the Court reversed Kyllo's conviction for growing marijuana. If a thermal imaging device is violative, a high tech spy satellite that can measure the size of your naval sure as hell is as well. I litigated a thermal imaging motion to suppress motion before Kyllo was even rendered; even the trial court judge was offended and held the evidence to be gathered in vioation of the 4th Amendment.

This is a craven attempt by the Administration, and an excellent example for the zombie like proletariat out there in our heartland of exactly how bad and criminal this Administration really is. Just like we have been saying.....

[Waccamaw]

eyesonthestreet -

After watching most of the hearing for a second time and in response of some of your questions:

1. Bob Etheridge (D-NC) asked “Why was former system inadequate?” Response from Charles Allen - DHS Asst Sec for Intelligence & Security = blah, blah, blah, hot air. This guy was the creepiest of the three on the panel from DHS.

2. Yes, indeedy, dearie........definitely pix. Per Lisa Graves from Center for National Security Studies (rebuttal panel) - “current imaging resolution = approx. 3 feet; imaging resolution in near future = INCHES!

3. Wrt reviewing pix - Executive Branch controls ALL decisions on use..........but not to worry.........Allen says “We understand your concerns” but trust us......”we’ll have many levels of oversight” .

4. Correction - Not Harman but Sheila Jackson Lee (D-TX) who made the comment about learning of the program in the WSJ. I think Harman is a member of the “Gang of Eight.”

5. The final gagger - per Allen, DHS doesn’t like the term “spy satellite”; they prefer “remote sensing satellites”. Me to me.........can’t imagine why.

Suggest you buy a dryer; it’s cheaper than moving. *g* Have a few more notes on participant names if you’re interested.

DHS is expecting to put this in place by 1 Oct.........now taking bets on how soon we’ll be hearing: “But......but......but......you can’t ask us any more questions; we need this technology IMMEDIATELY! And.........the dims will cave.

[Waccamaw]

eyesonthestreet -

After watching most of the hearing for a second time and in response of some of your questions:

1. Bob Etheridge (D-NC) asked “Why was former system inadequate?” Response from Charles Allen - DHS Asst Sec for Intelligence & Security = blah, blah, blah, hot air. This guy was the creepiest of the three on the panel from DHS.

2. Yes, indeedy, dearie........definitely pix. Per Lisa Graves from Center for National Security Studies (rebuttal panel) - “current imaging resolution = approx. 3 feet; imaging resolution in near future = INCHES!

3. Wrt reviewing pix - Executive Branch controls ALL decisions on use..........but not to worry.........Allen says “We understand your concerns” but trust us......”we’ll have many levels of oversight” .

4. Correction - Not Harman but Sheila Jackson Lee (D-TX) who made the comment about learning of the program in the WSJ. Iirc, Harman is a member of the “Gang of Eight.”

5. The final gagger - per Allen, DHS doesn’t like the term “spy satellite”; they prefer “remote sensing satellites”. Me to me.........can’t imagine why.

Suggest you buy a dryer; it’s cheaper than moving. *g* Have a few more notes on participant names if you’re interested.

DHS is expecting to put this in place by 1 Oct.........now taking bets on how soon we’ll be hearing: “But......but......but......you can’t ask us anymore questions; we need this technolog IMMEDIATELY! And.........the dims will cave.

PS to ew -
I hope I'm only posting this once; please delete if duplicate appears.