Copied from http://blog.wired.com/27bstroke6/

 

by Ryan Singel and Kevin Poulsen

Saturday, 28 October 2006

FBI Raids Boarding Pass Maker's House, Seizes Computers

Sometime after 2:00 a.m. Central Time Saturday morning, the FBI searched the home and seized computers belonging to Christopher Soghoian, an Indiana University Ph.D. student who created a DIY boarding pass generator, according to a post on his blog. Backstory.

On Friday night, Soghoian and his advisor met with the FBI for several hours.  Just hours later, FBI agents had a federal magistrate judge sign a search warrant at 2 a.m. to find evidence that Soghoian was involved in a "conspiracy to commit or the commission of knowingly presenting a false and fictitious claim upon or against the United States, or any department or agency thereof." Links to search warrant and attachment (27B mirrors: warrant and attachment).

Soghoian found the search warrant taped to his kitchen table Saturday morning when he returned home after sleeping elsewhere.

The warrant specifies that agents can seize all of Soghoian's computer equipment, any records pertaining to airline travel, airports and aviation security, and records or correspondence relating to his website and blog.

Soghoian did not immediately respond to an email, but earlier today wrote me to say he's not talking to reporters until he has a lawyer.

Thoughts:

First, the FBI is likely looking to find direct evidence that Soghoian actually used a fake boarding pass to board a plane.  Soghosian told me he had never done so and was waiting for clearance from lawyers before doing so.  Finding such proof would allow the feds to try to prosecute him for the fraud statute quoted in the search warrant.  The conspiracy charge is much more of a long shot to prosecute since it would require proving intent.  That said, that's just my opinion and I am very much not a lawyer.

Second, shutting down the boarding pass generator will likely not be effective in keeping the tool off the web. There's already replacement code floating around the internet and it may only be hours before it gets loaded onto a server hosted beyond the FBI's reach.

Third, Security expert Adam Shostack has written that senior TSA managers were briefed in February 2004 on the vulnerability exploited by Soghoian's website.  That is in addition to the discussion of how the gap between where a boarding pass is printed and where the security line starts, which began with Bruce Schneier in 2003, and was continued here, here and here, among other places.

Fourth, any browser can change a boarding pass and shutting down Soghoian's site doesn't change that.

Fifth, anyone else noticing the deafening silence from the Electronic Frontier Foundation (they only do criminal cases), the American Civil Liberties Union (no idea), the Electronic Privacy Information Center (generally only does FOIA cases and friend of the court briefs) and John Gilmore's Identity Project (maybe trying to seem respectable since it's trying to get the Supreme Court to hear Gilmore's appeal of his airport I.D. case loss in the Ninth Circuit?).  I'm not saying any of these groups should be Soghoian's counsel, but not one has even issued a statement to my knowledge.

Sixth: Text of relevant laws mentioned in the search warrant:  Illegally going into airport area and fraudulent document creation.

Full Wired Story on Soghoian here.

Xeni Jardin on raid and legal questions.

Previous blog coverage:

• Boarding Pass Ordered Closed
• Hacker Not Arrested
• Northwest Airlines Statement

Court Told It Lacks Power in Detainee Cases

By Karen DeYoung
Washington Post Staff Writer
Friday, October 20, 2006; Page A18

Moving quickly to implement the bill signed by President Bush this week that authorizes military trials of enemy combatants, the administration has formally notified the U.S. District Court here that it no longer has jurisdiction to consider hundreds of habeas corpus petitions filed by inmates at the Guantanamo Bay prison in Cuba.

In a notice dated Wednesday, the Justice Department listed 196 pending habeas cases, some of which cover groups of detainees. The new Military Commissions Act (MCA), it said, provides that "no court, justice, or judge" can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future.

Beyond those already imprisoned at Guantanamo Bay or elsewhere, the law applies to all non-U.S. citizens, including permanent U.S. residents.

The new law already has been challenged as unconstitutional by lawyers representing the petitioners. The issue of detainee rights is likely to reach the Supreme Court for a third time.

Habeas corpus, a Latin term meaning "you have the body," is one of the oldest principles of English and American law. It requires the government to show a legal basis for holding a prisoner. A series of unresolved federal court cases brought against the administration over the last several years by lawyers representing the detainees had left the question in limbo.

Two years ago, in Rasul v. Bush, which gave Guantanamo detainees the  right to challenge their detention before a U.S. court, and in this year's Hamdan v. Rumsfeld , the Supreme Court appeared to settle the issue in favor of the detainees. But the new legislation approved by Congress last month, which gives Bush the authority to try detainees before military commissions, included a provision removing judicial review for all habeas claims.

Immediately after Bush signed the act into law Tuesday, the Justice Department sent a letter to the U.S. Court of Appeals for the District of Columbia Circuit asserting the new authorities and informing the court that it no longer had jurisdiction over a combined habeas case that had been under consideration since 2004.

The U.S. District Court cases, which had been stayed pending the appeals court decision, were similarly invalid, the administration informed that court on Wednesday. 

A number of legal scholars and members of Congress, including Senate Judiciary Committee Chairman Arlen Specter (R-Pa.), have said that the habeas provision of the new law violates a clause of the Constitution that says the right to challenge detention "shall not be suspended" except in cases of "rebellion or invasion."

Historically, the Constitution has been interpreted to apply equally to citizens and noncitizens under U.S. jurisdiction. The administration's persistence on the issue "demonstrates how difficult it is for the courts to enforce [the clause] in the face
of a resolute executive branch that is bound and determined to resist it," said Joseph Margulies, a Northwestern University law professor involved in the detainee cases.

On Tuesday, the appeals court granted a petition by lawyers for the detainees to argue against the new law. Vincent Warren, the executive director of the Center for Constitutional Rights, which represents many of the detainees, said yesterday that he expected the administration to file a motion for dismissal of all the cases before the defense challenge is heard.

"We and other habeas counsel are going to vigorously oppose dismissal of these cases," Warren said. "We are going to challenge that law as violating the Constitution on several grounds."

Whichever side loses in the upcoming court battles, he said, will then appeal to the Supreme Court.

Staff researcher Julie Tate contributed to this report.

Keith Olbermann comments on the anniversary of 9/11

SPECIAL COMMENT

By Keith Olbermann

Anchor, 'Countdown'

MSNBC

Updated: 9:15 a.m. PT Sept 25, 2006

Half a lifetime ago, I worked in this now-empty space.   And for 40 days after the attacks, I worked here again, trying to make sense of what happened, and was yet to happen, as a reporter.

All the time, I knew that the very air I breathed contained the remains of thousands of people, including four of my friends, two in the planes and -- as I discovered from those "missing posters" seared still into my soul -- two more in the Towers.

And I knew too, that this was the pyre for hundreds of New York policemen and firemen, of whom my family can claim half a dozen or more, as our ancestors.

I belabor this to emphasize that, for me this was, and is, and always shall be, personal.

And anyone who claims that I and others like me are "soft,"or have "forgotten" the lessons of what happened here is at best a grasping, opportunistic, dilettante and at worst, an idiot whether he is a commentator, or a Vice President, or a President.

However, of all the things those of us who were here five years ago could have forecast -- of all the nightmares that unfolded before our eyes, and the others that unfolded only in our minds -- none of us could have predicted this.

Five years later this space is still empty.

Five years later there is no memorial to the dead.

Five years later there is no building rising to show with proud defiance that we would not have our America wrung from us, by cowards and criminals.

Five years later this country's wound is still open.

Five years later this country's mass grave is still unmarked.

Five years later this is still just a background for a photo-op.

It is beyond shameful.

At the dedication of the Gettysburg Memorial -- barely four months after the last soldier staggered from another Pennsylvania field -- Mr. Lincoln said, "we cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract."

Lincoln used those words to immortalize their sacrifice.

Today our leaders could use those same words to rationalize their reprehensible inaction. "We cannot dedicate, we can not consecrate, we can not hallow this ground." So we won't.

Instead they bicker and buck pass. They thwart private efforts, and jostle to claim credit for initiatives that go nowhere. They spend the money on irrelevant wars, and elaborate self-congratulations, and buying off columnists to write how good a job they're doing instead of doing any job at all.

Five years later, Mr. Bush, we are still fighting the terrorists on these streets. And look carefully, sir, on these 16 empty acres.  The terrorists are clearly, still winning.

And, in a crime against every victim here and every patriotic sentiment you mouthed but did not enact, you have done nothing about it.

And there is something worse still than this vast gaping hole in this city, and in the fabric of our nation.  There is its symbolism of the promise unfulfilled, the urgent oath, reduced to lazy execution.

The only positive on 9/11 and the days and weeks that so slowly and painfully followed it was the unanimous humanity, here, and throughout the country. The government, the President in particular, was given every possible measure of support.

Those who did not belong to his party -- tabled that.

Those who doubted the mechanics of his election -- ignored that.

Those who wondered of his qualifications -- forgot that.

History teaches us that nearly unanimous support of a government cannot be taken away from that government by its critics. It can only be squandered by those who use it not to heal a nation's wounds, but to take political advantage.

Terrorists did not come and steal our newly-regained sense of being American first, and political, fiftieth. Nor did the Democrats. Nor did the media. Nor did the people.

The President -- and those around him -- did that.

They promised bi-partisanship, and then showed that to them, "bi-partisanship" meant that their party would rule and the rest would have to follow, or be branded, with ever-escalating hysteria, as morally or intellectually confused, as appeasers, as those who, in the Vice President's words yesterday, "validate the strategy of the terrorists."

They promised protection, and then showed that to them "protection" meant going to war against a despot whose hand they had once shaken, a despot who we now learn from our own Senate Intelligence Committee, hated al-Qaida as much as we did.

The polite phrase for how so many of us were duped into supporting a war, on the false premise that it had 'something to do' with 9/11 is "lying by implication."

The impolite phrase is "impeachable offense."

Not once in now five years has this President ever offered to assume responsibility for the failures that led to this empty space, and to this, the current, curdled, version of our beloved country.

Still, there is a last snapping flame from a final candle of respect and fairness: even his most virulent critics have never suggested he alone bears the full brunt of the blame for 9/11.

Half the time, in fact, this President has been so gently treated, that he has seemed not even to be the man most responsible for anything in his own administration.

Yet what is happening this very night?

A mini-series, created, influenced -- possibly financed by -- the most radical and cold of domestic political Machiavellis, continues to be televised into our homes.

The documented truths of the last fifteen years are replaced by bald-faced lies; the talking points of the current regime parroted; the whole sorry story blurred, by spin, to make the party out of office seem vacillating and impotent, and the party in office, seem like the only option.

How dare you, Mr. President, after taking cynical advantage of the unanimity and love, and transmuting it into fraudulent war and needless death,  after monstrously transforming it into fear and suspicion and turning that fear into the campaign slogan of three elections?  How dare you -- or those around you -- ever "spin" 9/11?

Just as the terrorists have succeeded -- are still succeeding -- as long as there is no memorial and no construction here at Ground Zero.

So, too, have they succeeded, and are still succeeding as long as this government uses 9/11 as a wedge to pit Americans against Americans.

This is an odd point to cite a television program, especially one from March of 1960. But as Disney's continuing sell-out of the truth (and this country) suggests, even television programs can be powerful things.

And long ago, a series called "The Twilight Zone" broadcast a riveting episode entitled "The Monsters Are Due On Maple Street." 

In brief: a meteor sparks rumors of an invasion by extra-terrestrials disguised as humans. The electricity goes out. A neighbor pleads for calm. Suddenly his car -- and only his car -- starts. Someone suggests he must be the alien. Then another man's lights go on. As charges and suspicion and panic overtake the street, guns are inevitably produced.  An "alien" is shot -- but he turns out to be just another neighbor, returning from going for help.  The camera pulls back to a near-by hill, where two extra-terrestrials are seen manipulating a small device that can jam electricity. The veteran tells his novice that there's no need to actually attack, that you just turn off a few of the human machines and then, "they pick the most dangerous enemy they can find, and it's themselves."

And then, in perhaps his finest piece of writing, Rod Serling sums it up with words of remarkable prescience, given where we find ourselves tonight: "The tools of conquest do not necessarily come with bombs and explosions and fallout. There are weapons that are simply thoughts, attitudes, prejudices, to be found only in the minds of m
en.

"For the record, prejudices can kill and suspicion can destroy, and a thoughtless, frightened search for a scapegoat has a fallout all its own -- for the children, and the children yet unborn."

When those who dissent are told time and time again -- as we will be, if not tonight by the President, then tomorrow by his portable public chorus -- that he is preserving our freedom, but that if we use any of it, we are somehow un-American...When we are scolded, that if we merely question, we have "forgotten the lessons of 9/11"... look into this empty space behind me and the bi-partisanship upon which this administration also did not build, and tell me:

Who has left this hole in the ground?

We have not forgotten, Mr. President.

You have.

May this country forgive you.

© 2006 MSNBC Interactive

URL: http://www.msnbc.msn.com/id/15000144/

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© 2006 MSNBC.com

Carlos Comment: Articles like these are what worries me. Where are we going and how much can we really take before things get to the point where they can't be fixed?

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Olbermann addresses the Military Commissions Act in a special comment

SPECIAL COMMENT

By Keith Olbermann

Anchor, 'Countdown'

MSNBC

Updated: 8:39 p.m. PT Oct 18, 2006

We have lived as if in a trance.

We have lived as people in fear.

And now--our rights and our freedoms in peril--we slowly awake to learn that we have been afraid of the wrong thing.

Therefore, tonight have we truly become the inheritors of our American legacy.

For, on this first full day that the Military Commissions Act is in force, we now face what our ancestors faced, at other times of exaggerated crisis and melodramatic fear-mongering:

A government more dangerous to our liberty, than is the enemy it claims to protect us from.

We have been here before--and we have been here before led here--by men better and wiser and nobler than George W. Bush.

We have been here when President John Adams insisted that the Alien and Sedition Acts were necessary to save American lives, only to watch him use those acts to jail newspaper editors. 

American newspaper editors, in American jails, for things they wrote about America.

We have been here when President Woodrow Wilson insisted that the Espionage Act was necessary to save American lives, only to watch him use that Act to prosecute 2,000 Americans, especially those he disparaged as "Hyphenated Americans," most of whom were guilty only of advocating peace in a time of war.

American public speakers, in American jails, for things they said about America.

And we have been here when President Franklin D. Roosevelt insisted that Executive Order 9066 was necessary to save American lives, only to watch him use that order to imprison and pauperize 110,000 Americans while his man in charge, General DeWitt, told Congress: "It makes no difference whether he is an American citizen--he is still a Japanese."

American citizens, in American camps, for something they neither wrote nor said nor did, but for the choices they or their ancestors had made about coming to America.

Each of these actions was undertaken for the most vital, the most urgent, the most inescapable of reasons.

And each was a betrayal of that for which the president who advocated them claimed to be fighting.

Adams and his party were swept from office, and the Alien and Sedition Acts erased.

Many of the very people Wilson silenced survived him, and one of them even ran to succeed him, and got 900,000 votes, though his presidential campaign was conducted entirely from his jail cell.

And Roosevelt’s internment of the Japanese was not merely the worst blight on his record, but it would necessitate a formal apology from the government of the United States to the citizens of the United States whose lives it ruined.

The most vital, the most urgent, the most inescapable of reasons.

In times of fright, we have been only human.

We have let Roosevelt’s "fear of fear itself" overtake us.

We have listened to the little voice inside that has said, "the wolf is at the door; this will be temporary; this will be precise; this too shall pass."

We have accepted that the only way to stop the terrorists is to let the government become just a little bit like the terrorists.

Just the way we once accepted that the only way to stop the Soviets was to let the government become just a little bit like the Soviets.

Or substitute the Japanese.

Or the Germans.

Or the Socialists.

Or the Anarchists.

Or the Immigrants.

Or the British.

Or the Aliens.

The most vital, the most urgent, the most inescapable of reasons.

And, always, always wrong.

"With the distance of history, the questions will be narrowed and few: Did this generation of Americans take the threat seriously, and did we do what it takes to defeat that threat?"

Wise words.

And ironic ones, Mr. Bush.

Your own, of course, yesterday, in signing the Military Commissions Act.

You spoke so much more than you know, Sir.

Sadly--of course--the distance of history will recognize that the threat this generation of Americans needed to take seriously was you.

We have a long and painful history of ignoring the prophecy attributed to Benjamin Franklin that "those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."

But even within this history we have not before codified the poisoning of habeas corpus, that wellspring of protection from which all essential liberties flow.

You, sir, have now befouled that spring.

You, sir, have now given us chaos and called it order.

You, sir, have now imposed subjugation and called it freedom.

For the most vital, the most urgent, the most inescapable of reasons.

And -- again, Mr. Bush -- all of them, wrong.

We have handed a blank check drawn against our freedom to a man who has said it is unacceptable to compare anything this country has ever done to anything the terrorists have ever done.

We have handed a blank check drawn against our freedom to a man who has insisted again that "the United States does not torture. It’s against our laws and it’s against our values" and who has said it with a straight face while the pictures from Abu Ghraib Prison and the stories of Waterboarding figuratively fade in and out, around him.

We have handed a blank check drawn against our freedom to a man who may now, if he so decides, declare not merely any non-American citizens "unlawful enemy combatants" and ship them somewhere--anywhere --  but may now, if he so decides, declare you an "unlawful enemy combatant" and ship you somewhere - anywhere.

And if you think this hyperbole or hysteria, ask the newspaper editors when John Adams was president or the pacifists when Woodrow Wilson was president or the Japanese at Manzanar when Franklin Roosevelt was president.

And if you somehow think habeas corpus has not been suspended for American citizens but only for everybody else, ask yourself this: If you are pulled off the street tomorrow, and they call you an alien or an undocumented immigrant or an "unlawful enemy combatant"--exactly how are you going to convince them to give you a court hearing to prove you are not? Do you think this attorney general is going to help you?

This President now has his blank check.

He lied to get it.

He lied as he received it.

Is there any reason to even hope he has not lied about how he intends to use it nor who he intends to use it against?

"These military commissions will provide a fair trial," you told us yesterday, Mr. Bush, "in which the accused are presumed innocent, have access to an attorney and can hear all the evidence against them."

"Presumed innocent," Mr. Bush?

The very piece of paper you signed as you said that, allows for the detainees to be abused up to the point just before they sustain "serious mental and physical trauma" in the hope of getting them to incriminate themselves, and may no longer even invoke The Geneva Conventions in their own defense.

"Access to an attorney," Mr. Bush?

Lieutenant Commander Charles Swift said on this program, Sir, and to the Supreme Court, that he was only granted access to his detainee defendant on the promise that the detainee would plead guilty.

"Hearing all the evidence," Mr. Bush?

The Military Commissions Act specifically permits the introduction of classified evidence not made available to the defense.

Your words are lies, Sir.

They are lies that imperil us all.

"One of the terrorists believed to have planned the 9/11 attacks," you told us yesterday, "said he hoped the attacks would be the beginning of the end of America."

That terrorist, sir, could only hope.

Not his actions, nor the actions of a ceaseless line of terrorists (real or imagined), could measure up to w
hat you have wrought.

Habeas corpus? Gone.

The Geneva Conventions? Optional.

The moral force we shined outwards to the world as an eternal beacon, and inwards at ourselves as an eternal protection? Snuffed out.

These things you have done, Mr. Bush, they would be "the beginning of the end of America."

And did it even occur to you once, sir -- somewhere in amidst those eight separate, gruesome, intentional, terroristic invocations of the horrors of 9/11 -- that with only a little further shift in this world we now know--just a touch more repudiation of all of that for which our patriots died --- did it ever occur to you once that in just 27 months and two days from now when you leave office, some irresponsible future president and a "competent tribunal" of lackeys would be entitled, by the actions of your own hand, to declare the status of "unlawful enemy combatant" for -- and convene a Military Commission to try -- not John Walker Lindh, but George Walker Bush?

For the most vital, the most urgent, the most inescapable of reasons.

And doubtless, Sir, all of them--as always--wrong.

© 2006 MSNBC Interactive

URL: http://www.msnbc.msn.com/id/15321167/

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© 2006 MSNBC.com