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DARKREADING Fri, 28 Mar 2008
Most Internet users deplore child pornography and the purveyors of it. I’ve personally been involved in a number of pedophile busts in my day, so I've seen my share of these criminals in the past. However, there’s a new, disturbing trend in law enforcement that could have wide and dangerous consequences for people who have no interest in ever viewing child pornography.
The FBI
has begun busting people for clicking on links that advertise child pornography. At first blush, that may sound like a good thing, so let me just re-state: The FBI can arrest and convict you based on no other evidence than the fact that your browser visited a Web page.

Still not scared? Let me give you a few examples of how I could easily make your browser visit the wrong site, if I wanted to ruin your life.
LATIMES Wed, 20 Feb 2008
In response to the abuses during the Nixon administration, Congress enacted the Foreign Intelligence Surveillance Act, or FISA, in 1978. The law provides that no electronic surveillance may occur by anyone in the government at any time under any circumstances for any reason other than in accordance with law, and no such surveillance may occur within the U.S. of an American other than in accordance with the 4th Amendment.

The 4th Amendment was written in response to the Colonial experience whereby British soldiers wrote their own search warrants, thus literally authorizing themselves to enter the private property of colonists.

The amendment has been uniformly interpreted by the courts to require a warrant by a judge; and judges can only issue search warrants after government agents, under oath, have convinced the judges that it is more likely than not that the things to be seized are evidence of crimes. This standard of proof is called probable cause of crime. It is one of only two instances in which the founders wrote a rule of criminal procedure into the Constitution itself, surely so that no Congress, president or court could tamper with it. Those who believe the Constitution means what it says should tremble at every effort to weaken any of its protections. The Constitution protects all "persons" and all "people" implicated by government behavior. So the government should be required, as it was until FISA, to obtain a 4th Amendment warrant to conduct surveillance of anyone, American or not, in the U.S. or not.

If we lower constitutional protections for foreigners and their American correspondents, for whom will we lower them next?

DISSIDENTVOICE Wed, 20 Feb 2008
One of the most important web sites in recent months has been Wikileaks.org. Created by several brave journalists committed to transparency, Wikieaks has published important leaked documents, such as the Rules of Engagement for Iraq [see my The Secret Rules of Engagement in Iraq], the 2003 and 2004 Guantanamo Camp Delta Standard Operating Procedures, and evidence of major bank fraud in Kenya [see also here] that apparently affected the Kenyan elections. Wikileaks has upset the Chinese government enough that they are attempting to censor it, as is the Thai military junta.

Now censorship has extended to the United States of America, land of the First Amendment. As of Friday, February 15, those going to Wikileaks.org have gotten Server not found messages. Today I received a message explaining that a California court has granted an injunction written and requested by lawyers for the Cayman Island’s Bank Julius Baer. It seems that the bank is trying to keep the public from accessing documents that may reveal shady dealings. Wikileaks was only given a couple of hours notice “by email” and was not even represented at the hearing where a U.S. judge took such a drastic step attempting to totally shut down an important information outlet. The result was this totally unprecedented attempt to totally wipe out the existence of Wikileaks: