Wednesday, January 30, 2008

House Extends Warrantless Wiretapping Powers For 15 Days

I don't want to beat a dead horse on this whole FISA, warrantless wiretapping, and constitution shredding issue being debated in Congress right now, but I should finish what I started Monday by updating you all on what happened in the House.

Not that its all that newsworthy that they extended - for 15 more days - the abysmal "Protect America Act", but, there was a noteworthy speech by Rep. Rush Holt I'd like you to see (linked in the article). What should be noted is that it was the House that "got it right" on FISA with their version entitled "The Restore Act", as it balances the need for privacy and government restraint with national security.

But before you get to the article, the leading advocate and defender of the constitution and civil liberties in the Senate today - Russ Feingold - is interview here on Alternet...please watch.

Now to the article in Wired Magazine on the latest developments...

Some sort of extension was expected, given Senate Democrats' acrimony over Republican procedural maneuvers. Passage of any bill also must deal with Senator Chris Dodd's pledge to filibuster any bill that includes immunity for telecoms currently being sued in federal court for allegedly violating federal privacy laws by helping the government secretly spy on Americans. But President Bush says he'll veto any bill without immunity for spying telecoms.

Any measure out of the Senate will also have to be reconciled with a bill from the House. Currently, the bill it passed -- the Restore Act -- cleverly curbs when the intelligence community can wiretap inside America without a court order and does not include an immunity provision.

...

Rep. Rush Holt (D-NJ) forcefully argued Monday however, that the powers handed over this summer should expire, since the longstanding framework requiring warrants for wiretaps inside the U.S. was better than the Protect America Act. Holt also pointed out that any sweeping surveillance orders initiated since August don't expire come Friday - the administration simply loses the ability to issue new sweeping surveillance orders.

Listening to this debate unfold I continually am struck by the implication being made by the anti-privacy and pro-wiretapping crowd that somehow we can't have security and privacy.

Bruce Schneier, author of Beyond Fear: Thinking Sensibly About Security in an Uncertain World, said it best:

If you set up the false dichotomy, of course people will choose security over privacy -- especially if you scare them first. But it's still a false dichotomy. There is no security without privacy. And liberty requires both security and privacy. The famous quote attributed to Benjamin Franklin reads: "Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." It's also true that those who would give up privacy for security are likely to end up with neither.

I'll be following this debate every step of the way, but, future posts will begin to include more details on "privacy protection" bills in the California legislature this year...both the good, and the bad.

Tuesday, January 29, 2008

Monday's FISA votes - The Good, Bad, and the Ugly

All the procedural maneuverings and unintelligible legalese being thrown around the Senate yesterday on just what they should do about the new FISA bill would make anyone's head spin. There were a number of issues that needed to be addressed, so let's get to them one by one.

First, would the Democrats allow the Republicans to force a vote on the FISA bill (they didn't) - with little consitutional protections of privacy AND retroactive immunity for telecom companies - with no real time to debate amendments (like say STRIPPING retroactive immunity)? Second, could the Democrats fend off a cloture vote (they did) forced by the filibuster threat of Chris Dodd? And third, would a 30 day extension of the current "Protect America Act" (which Bush is vowing to veto) win approval (House to vote on this too) - thereby ensuring it won't expire? (the extension lost)

Sleepy yet? Thankfully, we've got Glenn Greenwald - constitutional scholar, blogger, and writer for Salon.com - to walk us through how each of these battles played out, then sort out what each means, and finally, where we all go from here. No one understands this issue better...

Glenn writes:

The vote on the GOP cloture motion -- to ignore all the amendments and proceed to a final vote on the Bush-Rockefeller SIC bill -- has just occurred. The motion has failed, which means (shockingly) that Democrats have successfully mounted a filibuster preventing the vote on this horrible bill from occurring. The vote was 48-45. Republicans missed by a whopping 12 votes to achieve cloture (60 votes needed for cloture). That's a pretty gaping defeat; the Democrats did well to stand together. In one sense, this is an extremely mild victory, to put that generously.

All this really means is that they will now proceed to debate and vote on the pending amendments to the bill, almost certainly defeat all of the meaningfully good ones, approve a couple of amendments which improve the bill in the most marginal ways, and then end up ultimately voting for a bill that contains both telecom immunity and warrantless eavesdropping. Moreover, it seems clear that Senate Republicans deliberately provoked this outcome and were hoping for it, by sabotaging what looked to be imminent Democratic capitulation so that Bush could accuse Democrats tonight of failing to pass a new FISA bill, thus helping their friend Osama. Still, in another sense, this is significant.

Preventing a vote today means that there is more time to work on opposing immunity, including by working on ensuring that the House stays firm behind its relatively decent bill. It also means that the Senate -- for once -- has refused to capitulate to brazen White House pressure tactics, whereby the President demanded that the Senate give the administration everything it wants before the Friday expiration of the PAA. Also, the presidential candidates responded to public pressure by joining in the filibuster, which is encouraging.

...

The vote on the Motion for Cloture on the 30-day extension (i.e., to proceed to a vote on it) just failed -- 48-45 (again, 60 votes are needed). All Democrats (including Clinton and Obama) voted in favor of the Motion, but no Republicans did -- not a single one. Thus, at least as of today, there will be no 30-day extension of the PAA and it will expire on Friday.

...

By blocking an extension, Republicans just basically assured that the PAA -- which they spent the last seven months shrilly insisting was crucial if we are going to be Saved from The Terrorists -- will expire on Friday without any new bill in place. Since the House is going out of session after tomorrow, there is no way to get a new bill in place before Friday. The Republicans, at Bush's behest, just knowingly deprived the intelligence community of a tool they have long claimed is so vital. Is the media going to understand and be able to explain what the Republicans just did? Yes, that's a rhetorical question.

Senate Democrats today took a stand for their procedural rights, not against telecom immunity or warrantless eavesdropping. After all, many of the Senate Democrats who voted to filibuster this bill were more than ready last week to vote for that bill, and they will vote for it again soon enough. Moreover, while they were upset that they were denied the right to vote on these amendments, many of them intend to vote against those very same amendments and will ensure that most, if not all of them, fail, so that the bill arrives at the White House in a form acceptable to the Leader.

As indicated, it's preferable for several reasons that the Cloture Motion failed today -- and one can still praise Senate Democrats for refusing to capitulate fully (at least yet) -- but it isn't the case that Senate Democrats collectively took a stand here for anything more substantive than their own institutional customs. Many of the Democratic Senators whom you like today for voting against cloture will be voting soon enough in favor of telecom amnesty and for warrantless eavesdropping. The House is the real hope for stopping these measures.

I hope you got all that! We now look to the House in hopes that they will do a better job than the Senate in articulating - as a body - the need to protect the privacy of Americans, enforce constitutional constraints on an unchecked executive branch, and defend and uphold the rule of law. But, for now, this battle is not lost. For Glenn's entire post click here.

Monday, January 28, 2008

The FISA Follies, Redux

It's good to see the editorial board of the New York Times take such a strong position on the FISA bill currently being debated in the Senate. I'll report on how it all goes down tomorrow, for now, check this excellent editorial out:

The Senate (reportedly still under Democratic control) seems determined to help President Bush violate Americans’ civil liberties and undermine the constitutional separation of powers. Majority Leader Harry Reid is supporting White House-backed legislation that would expand the administration’s ability to spy on Americans without court supervision and ensure that the country never learns the full extent of Mr. Bush’s illegal wiretapping program.

...

The House has passed a reasonable new bill — fixing FISA without further endangering civil liberties. But Mr. Bush wants to weaken FISA as much as he can. And the Senate leadership has been only too happy to oblige.

With the help of Republican senators and the misguided chairman of the Intelligence Committee, Jay Rockefeller, the White House got a bill that, once again, reduces court supervision of wiretapping. It also adds immunity for telecommunications companies that cooperated with the illegal spying.

...

It is now up to the House to protect Americans’ rights. Mr. Bush has already started issuing the ritual claims that if his bill is not passed instantly, Osama bin Laden will be telephoning his agents in the United States and no one will know. Let us be clear, Mr. Bush has always had the authority to order emergency wiretaps — and get court approval after the fact. That has never been the problem with FISA.

Click here to read the editorial in its entirety.

The ACLU also released a statement urging Senators to stand up to the administration on behalf of civil liberties.

Caroline Fredrickson, director of the Washington Office of the ACLU:

"The Republican shenanigans on warrantless wiretapping are simply playing politics with fear and are unacceptable. The American people and the Democrats in the Senate are not and should not be hoodwinked into giving up vital constitutional freedoms by the Republicans' incessant fearmongering.

We urge senators to vote against cutting off debate on Monday and reject Republican efforts to force the unconstitutional Intelligence Committee bill through the Senate. "Senators should have the opportunity to consider a wide range of important amendments, including measures on stripping retroactive immunity for telecommunications providers and provisions that would offer increased privacy protections.

"We agree with Senator Feingold when he stated that Monday's cloture vote will be a test of whether the majority is willing to stand up to the administration and stand up for our rights. "The truth is, the sunset of the Protect America Act is nothing to be afraid of. Surveillance is always allowable under the tried-and-true Foreign Intelligence Surveillance Court that's operated for almost thirty years.

Even the chairman of the Senate Intelligence Committee has said we're not facing a crisis. "We urge the Senate to stand firm and not rubberstamp the administration's warrantless wiretapping."

Friday, January 25, 2008

New Regulations Fail to Address Security, Privacy

If you haven't read up on the FISA bill coming up for a vote in the Senate on Monday - that includes retroactive immunity for the telecom companies that were complicit in wiretapping American citizens - I strongly suggest you check out what I posted yesterday.

In the meantime I just can't help posting another article on the abysmal REAL ID Act. This analysis was just too good to pass up. Check out what Sophia Cope, a staff attorney for the Center for Democracy and Technology, has to say about the proposal.

Sophia writes:

Of particular concern is the Department’s flirtation with a central ID database. The final regulations, released Jan. 11, strongly support leveraging existing technology by expanding the central database for commercial drivers to include all drivers and state ID card holders—that is, virtually every American.

Following this path of least resistance fails to acknowledge the enormous security risks and potential for government and business abuse of a central ID database. Security experts agree that creating a “one stop shop” of highly sensitive personal information on millions of Americans, not just a relatively small pool of commercial drivers, is a bad idea. It would be an irresistible treasure trove for identity thieves, terrorists, and other computer criminals.

...

Regardless of whether ID information is stored centrally or in separate databases that are accessible via a central portal, two equally important questions have yet to be addressed: Who would have access to the ID data and for what purposes?

...

If run by a private organization, as is the current commercial driver’s license database, federal privacy and security laws may not apply, nor would the much-touted, though still weak, Driver’s Privacy Protection Act, which only regulates how state motor vehicle departments disclose personal data to government agencies and commercial entities.

Thus no robust legal framework exists to protect the personal information that would be held in the centralized ID system envisioned by DHS from misuse by government and business. Allegedly, the Department of Transportation and other federal agencies already regularly access the privately managed commercial driver’s license database with virtually no oversight.

Neither the REAL ID Act nor the final regulations prohibit the recording of individuals’ transactions in the central ID database or the skimming of personal data from the card itself, both of which would facilitate intrusive tracking by the government and unsolicited marketing by commercial entities.

Click here to read the article in its entirety.

Thursday, January 24, 2008

FISA, Telecom Immunity, Democratic Capitulation, MoveOn, Dodd's Filibuster and the Constitution

It's that time again! Yes, while our constitution continues to be run through one of Cheney's paper shredders, we once again are being forced to suffer through watching Democrats in the Senate bend over backwards to give the administration - and their telecommunication industry allies - EVERYTHING they want when it comes to FISA, illegal wiretapping, and retroactive immunity.

I speak of the new FISA bill coming before Congress that looks an awful lot like the Orwellian "Protect America Act" - passed back in August. Apparently the "America" being referred to is the administration that has been illegally eavesdropping on the emails and phone calls of US citizens and the phone companies that gladly allowed them to do so!

Now that the Senate is back from recess, the bill that would give these criminally complicit telecommunication companies retroactive immunity - thereby squashing any effort to discover just how broad the scope of this program was - is back up for a vote...likely Monday.

We know where Senators like Rockefeller and Feinstein stand: firmly with the administration and against the constitution. Thankfully, Senator Chris Dodd has vowed to filibuster this disgrace - and Senators Feingold and Kennedy have joined him with strong statements of opposition, as has John Edwards. The question now is how many Democrats will join this effort - in particular Barak Obama and Hillary Clinton?

Before I get to a few of the articles detailing this sordid affair, here's MoveOn.org's take, and their request to urge Obama and Clinton to get back to DC and join Dodd and Co. stop this bill:

Some Senate Democrats want to cut a deal with President Bush to give immunity to phone companies that helped him illegally spy on the calls and emails of innocent Americans. This is nothing short of an attempted cover-up—ongoing lawsuits against companies like AT&T could be the only way we ever find out how far Bush went in breaking the law.2

Senators Hillary Clinton and Barack Obama have both said they oppose this immunity bill4, but now is a time we need real leadership. Senators Clinton and Obama have enormous influence with Democrats right now—if they helped lead a filibuster against this bill, other Senators would take notice and the public would see Democrats showing principle and backbone.

Can you call Senator Hillary Clinton today? Tell her we need her leadership to help block immunity for phone companies that helped Bush break the law.

Clinton 's presidential campaign number: (703) 469-2008


This issue strikes at the heart of accountability in our democracy. No president should be able to work with corporations to break the law and then use Congress to cover up the crimes.

...

And the facts are clearly on our side: A judge appointed by President Bush Sr. wrote an opinion finding that "AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal."

...

MoveOn email putting in calls to Clinton campaign:


http://pol.moveon.org/immunity/080124Clintonemail.html

MoveOn email putting in calls to Obama campaign:

http://pol.moveon.org/immunity/080124Obamaemail.html

P.S. Senator John Edwards made a bold statement yesterday encouraging all Democratic Senators to show backbone on this issue. You can read it here:

http://firedoglake.com/2008/01/23/john-edwards-on-fisa/

I also found an article entitled "FISA 2.0 Called 'Atrocious' Privacy Violation" that I think breaks the issue down pretty well:

In August, Congress passed and the president signed the Protect America Act, which allows the attorney general and the director of national intelligence (DNI) to "authorize the acquisition of foreign intelligence information" without the approval of the special court established by FISA.

According to the liberal American Civil Liberties Union, Senate Majority Leader Harry Reid (D-Nev.) is likely to bring an amendment to the floor this week written by the Intelligence Committee. "We're back pretty much where we were in August," said Caroline Fredrickson, director of the ACLU Washington Legislative Office, during a conference call with reporters.

"Sen. Reid is about to move a bill to the floor that looks an awful lot like the Protect America Act, except with one additional very bad provision, and that's the provision that provides immunity to those telecommunications carriers that - in violation of the law -turned over their customer data to the NSA," she said. (NSA is the National Security Agency and Central Security Service of the U.S. government.)

...

.J. Crowley, director of homeland security at the liberal Center for American Progress (CAP), added that, while FISA is outdated, how it is updated matters. "Advocates of the Protect America Act focus only on one side of the equation - finding the terrorists among us," Crowley told Cybercast News Service.

"They overlook the fact that an open-ended search for a terrorist will implicate Americans at the other end of the phone or e-mail who are completely innocent."This is why the FISA court remains relevant," he said. "The FISA court has already adapted how it operates to accommodate the government's need to act quickly. Warrants can be constructed in ways that allow broad latitude but retain oversight by the court."

"The Protect America Act was ostensibly intended to address a specific problem acknowledged on all sides: foreign-to-foreign communications that pass through U.S. switches," he told Cybercast News Service. "But the administration seized on this as an opportunity to enact legislation that effectively eviscerates FISA and goes far beyond what was necessary to address this problem," noting that the bill "makes a few modest improvements in the Protect America Act but fails to remedy its core deficiencies," Agrast said.

While the ACLU's Frederickson called the Intelligence Committee bill an "atrocious piece of legislation," she said the group is urging Reid to instead consider the Judiciary Committee's updates to the bill, introduced by Sen. Ron Wyden (D-Ore.), which would expand FISA's role.

Click here to read this article in its entirety.

The Washington Post also details some of the maneuverings going on in the Senate today:

But Vice President Cheney said in a speech yesterday that Congress "must act now" to renew the expiring surveillance law and provide telecommunications companies with protection from lawsuits alleging they violated personal privacy rights while helping the government after the Sept. 11, 2001, attacks.

"Those who assist the government in tracking terrorists should not be punished with lawsuits," Cheney said at the Heritage Foundation, a conservative think tank.

...

The White House and Republican lawmakers are pushing to make the law permanent while also adding legal protections for telecommunications companies, which face dozens of lawsuits. Most House Democrats and civil liberties groups strongly oppose immunity for the communications firms, but other Democrats -- including John D. Rockefeller IV (D-W.Va.), chairman of the Senate intelligence committee -- have backed the GOP position.

...

Rockefeller told reporters yesterday that his committee's immunity proposal "will prevail." Six of the committee's eight Democrats supported the legislation, giving Republicans a crucial edge in the narrowly divided Senate.

Further complicating the outlook was a renewed threat by Sen. Christopher J. Dodd (D-Conn.) to stage a filibuster to block any version of the bill that includes immunity.

...

Caroline Fredrickson, Washington legislative director for the American Civil Liberties Union, said Democrats opposing immunity face an uphill battle and accused Reid of mishandling the issue. "We would very much like Senator Reid to have a fight with the White House, to move forward with a bill that's stronger on civil liberties and has no immunity," she said. "If a bill doesn't pass, it's on the president's head."

Click here to read the article in its entirety.

I urge everyone to call Senator Obama, Clinton, or your US Senator and tell them to stand up for the people and the Constitution and join Dodd's filibuster! More on this come Monday...

Wednesday, January 23, 2008

Two More States Oppose Real ID + ACLU Releases Report Card

Even with the Department of Homeland Security scaling back the scope of the Real ID Act as well as giving states more time to comply, opposition continues to mount.

In the past few days two more states have joined the growing chorus of opposition to, or even outright refusal to comply with, the Real ID Act. And Montana's Governor has stepped up his efforts to urge other state leaders to join him in opposing the Act.

The W. Virginia State Senate has put forth a bill rejecting Real ID Act participation. The Register Herald Reports:

His bill introduced Thursday with 11 co-sponsors flatly declares that West Virginia won’t take part in the 2005 act. Moreover, it says the Department of Transportation is directed against implementing the federal act’s provisions, and that it must inform the governor of any effort by federal agencies, including Homeland Security, to use records in the Motor Vehicles Division to put it in force.

Barnes said privacy rights are a constitutional guarantee and viewed upon by West Virginians as “sacred.”“Real ID gives the government access in one fell swoop to a lot of our information,” the senator said.“First of all, the government hasn’t told us exactly what they want to do with all this information. And that ought to make people nervous.”

Barnes finds it troubling that such cards contain a wide range of personal data — medical, purchasing, credit and the like — and even more could be stashed on the cards.

Click here to read the article in its entirety.

Not to be outdone, a new Missouri bill thumbs its nose at federal Real ID Act as well. St. Louis Today Reports:

"We have a federal government that is out of control," Guest said. The Legislature overwhelmingly passed a resolution asking the federal government to repeal the program last year; Guest's bill would go a step further by prohibiting the state from participating in the program entirely.

...

Because Real ID would be required for so many common tasks, Guest said it amounts to a national identification card."Almost everybody would be affected by it," he said. "It is the first step to Big Brother watching you."

Click here to read the article in its entirety.

I would be remiss to not report a short follow up to my recent post regarding Montana's opposition to Real ID. The good news is Montana Governor Brian Schweitzer is urging a third of the nation's governors to join him in opposing the implementation of a national identification card, saying they can force Congress to change it.

The West Central Tribune reports:

Schweitzer, who last year said "no, nope, no way, hell no" to the federal plan calling for national driver's licenses under the REAL ID Act, sent a letter Friday to 17 other governors asking them to oppose a Department of Homeland Security effort to penalize states that have not adopted the mandate.

"If we stand together, either DHS will blink or Congress will have to act to avoid havoc at our nation's airports and federal courthouses," Schweitzer


...

The American Civil Liberties Union has suggested Homeland Security will not move forward with the travel restrictions if states force the issue. The act has been delayed since its 2005 inception amid opposition from the states.

The states who have passed legislation or resolutions objecting to the REAL ID Act - many due to concerns over the cost - are Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee and Washington, according to the ACLU.

Click here to read the article in its entirety.

The other good news to report, and I admittedly can't even keep up with them all, is the avalanche of newspaper editorials and op-ed that are coming out in opposition to Real Id...yet another indication the momentum in this debate over civil liberties is on the side of the people, not the administration.

And in case there was any doubt left in your mind regarding just what a threat this Act poses - on so many levels - here's some highlights of the ACLU's recently released report card (hint: the Act gets an "F") on the Act and its various components.

The ACLU release states:

A systematic analysis of the Department of Homeland Security’s (DHS) final regulations for the Real ID Act reveals that the regulations still address only 9 percent of the problems with the act that have been identified, the American Civil Liberties Union said today.

...

The ACLU’s analysis of the DHS regulations is based on a list of 56 problems that have been commonly identified with the Real ID law by a variety of parties, including privacy activists, domestic violence victims, anti-government conservatives, religious leaders and DMV administrators. Of the 56 problems, the regulations successfully addressed or “passed” 6 (11 percent), scored an incomplete on 12 (21 percent), and failed 38 (68 percent).

...ACLU Senior Legislative Counsel Tim Sparapani: “Despite the outpouring of public feedback they received – an astounding 21,000-plus comments from the public – and 9 additional months of work, their passing score has barely budged and their incompletes have risen only slightly. It’s as if Secretary Chertoff covered his ears and pretended he couldn’t hear the public’s protests. Since legitimate complaints were ignored willfully by DHS, it is now clear that Congress needs to step in and fix what DHS will not.”

...

“On so many of the hard issues, DHS has kicked the problems down the road to the next administration and beyond,” said Steinhardt. “They are trying to stretch out this bitter medicine to get the states and the American people to swallow it, but what this scorecard shows is that once it’s down it will still be poison.”

Needless to say, we'll be covering this issue very closely...including upcoming debates on the Act in New York and Virginia.

Friday, January 18, 2008

Farmers fear a barnyard Big Brother

As if there aren't enough ways that government and/or big business have found to creep into our lives, monitor our movements, trace our transactions, and listen to our phone calls! Now they want to chip animals and have small farmers report nearly everything that happens to them.

I'm talking about - and this isn't a joke - the Bush administration's "National Animal Identification System" initiative. This proposal to "chip" animals with RFID tags isn't just an invasion of privacy (as will be explained), it also would achieve an additional goal of the administration: provide an even greater advantage to agribusiness at the expense of family farms. See, big industrial farms would only have to track herds, not individual cattle...unlike small farmers who'd be forced to track each and every one...a HUGE pain, and cost.

Have you ever heard of a more unholy alliance than big agribusiness and the rapidly expanding surveillance industry???

It's not often that I come across proposals this lousy. I'll let Nicole Gaouette of the Los Angeles Times do the heavy lifting here and explain this rather diabollical initiative, and then below this Times piece is a much more hard hitting critique offered by longtime populist, and family farm advocate, Jim Hightower.

Nicole Reports:

A Bush administration initiative, the National Animal Identification System is meant to provide a modern tool for tracking disease outbreaks within 48 hours, whether natural or the work of a bioterrorist.

Most farm animals, even exotic ones such as llamas, will eventually be registered. Information will be kept on every farm, ranch or stable. And databases will record every animal movement from birth to slaughterhouse, including trips to the vet and county fairs.But the system is spawning a grass-roots revolt.

Family farmers see it as an assault on their way of life by a federal bureaucracy with close ties to industrial agriculture. They point out that they will have to track every animal while vast commercial operations will be allowed to track whole herds. Privacy advocates say the database would create an invasive, detailed electronic record of farmers' activities.

...despite the administration's insistence that the program is voluntary, farmers and families, such as the Calderwoods, chafe at the heavy-handed and often mandatory way states have implemented it, sometimes with the help of sheriff's deputies. The result is a system meant to help farms that many farmers oppose.

...

The first stage of the animal ID system involves free registration of the "premises" where livestock are kept. That seven-digit number is stored by the federal government, which had registered 440,997 farms as of last week, out of 1.43 million. The second stage, now under way, involves identifying animals with a microchip or a plastic or metal ear tag containing a 15-digit code.

The third stage, not yet in effect, would require farmers to report animal movements to the database within 24 hours. Farms that move animals in bulk from feedlot to slaughterhouse can get one animal ID for the entire herd. But smaller farmers who move and sell animals individually would have to get each animal an ID at a cost of about $1.50 apiece.

Small farmers are complaining about the cost of ID microchips and technology readers, as well as the labor costs involved in tracking and tagging animals.

...

"Where is the scientific proof that small farmers pose the same disease risk as large confined feeding operations?" asked Judith McGeary, an Austin, Texas, farmer and lawyer, who founded the Farm and Ranch Freedom Alliance to fight the database system.

"I could have been convinced that there were benefits to this program if they had come back and said here are the studies, here's the epidemiology."McGeary, who raises grass-fed lamb, free-range poultry and laying hens, said the program could cripple smaller family farms and organic growers. "It will be impossible to report every death, every coyote carrying off a chicken; you just can't," she said.

...

Opponents of the ID system, however, say USDA actions are making the program virtually compulsory. Since 2004, USDA has pledged more than $51 million to states and farm groups to promote premises registration -- but they must register a certain number of farms to get the money. "They only get the money if they get the performance," said Knight, who acknowledged "a great deal of resistance out there." Some states have responded by registering farms in less than voluntary ways.

...

Many farmers also deeply resent the way USDA's youth programs, including 4H and Future Farmers of America, are requiring children like Brandi Calderwood to register."This is like the government saying your kids can't be in your community soccer program unless you register your home with the government," Cathy Calderwood said. "It's just way too much Big Brother."

Click here to read the article in its entirety.

Now for the real "lowdown" from Jim Hightower on the government's plan to protect us from terrorist livestock.

Hightower writes:

This is Animal Farm meets the Marx Brothers! It would be one thing if this were meant for the massive factory farms run by agribusiness conglomerates, which account for the vast number of disease outbreaks. After all, they have corporate staffs, computer networks, and existing systems of inventory tracking. But no -- rather than focus on the big boys that cause the big harm, NAIS targets hundreds of thousands of small farms, homesteaders, organic producers, hobbyists ... and maybe even you.

...

This is far more onerous than the burden put on owners of guns and autos, the only two items of personal property presently subject to general systems of permanent registration. Gun owners, for example, can take their guns off their premises (to go hunting, attend a gun show, or just carry them around) without filing a report with the government. But NAIS would deny this freedom to chicken owners! The authorities are declaring hens to be more dangerous than a Belgian FN Five-SeveN handgun, and every time Hen No. 8406390528 strays from her assigned GPS locale, NAIS autocrats would require her owner to report within 24 hours the location, duration and purpose of her departure -- or be subject to a stiff fine.

...

To find out who's driving this, we have to ask the old Latin question, Cui bono? (Who benefits?) That takes us to another obscure acronym, NIAA, which stands for the National Institute of Animal Agriculture. Despite its official-sounding name, this is a private consortium largely made up of two groups: proponents of corporate agriculture and hawkers of surveillance technologies. They are the ones who conceived the program, wrote the USDA proposal, and are pushing hard to impose it on us.

Such industrialized meat producers as Cargill and Tyson have three reasons to love NAIS. First, the scheme fits their operations to a T, not only because they are already thoroughly computerized, but also because they engineered a neat corporate loophole: If an entity owns a vertically integrated, birth-to-death factory system with thousands of animals (as the Cargills and Tysons do), it does not have to tag and track each one but instead is given a single lot number to cover the whole flock or herd. Second, it's no accident that NAIS will be so burdensome and costly (fees, tags, computer equipment, time) to small farmers and ranchers. The giant operators are happy to see these pesky competitors saddled with another reason to go out of business, thus leaving even more of the market to the big guys.

Third, the Cargills and Tysons are eager to assure Japan, Europe and other export customers that the U.S. meat industry is finally doing something to clean up the widespread contamination of its product. A national animal-tracking system would give the appearance of doing this without making the corporations incur the cost of a real cleanup. The health claims of NAIS are a sham; NAIS backers assumed they could sneak their little package of nasties past the people before anyone woke up. Wrong. Because it does not touch the source of E. coli, salmonella, listeria, mad cow and other common meat-borne diseases. Such contamination comes from the inherently unhealthy practices (mass crowding, growth stimulants, feeding regimens, rushed assembly lines, poor sanitation, etc.) of industrial-scale meat operations, and NAIS will do nothing to stop these practices. Moreover, tracking ends at the time of slaughter, and it's from slaughter onward that most spoilage occurs. NAIS doesn't trace any contamination after this final '"event" in the animals' lives.

Which brings us to the chip companies and sellers of computer tracking systems. In addition to such brand-name players as Microsoft, outfits with names like Viatrace, AgInfoLink, and Digital Angel are drooling over the profits promised by the compulsory tagging of all farm animals. The USDA figures there are more than two million premises in the United States with eligible livestock. There are 6 million sheep in our country, 7 million horses, 63 million hogs, 97 million cows, 260 million turkeys, 300 million laying hens, 9 billion chickens and untold numbers of bison, alpaca, quail and other animals -- all needing to be chipped and monitored. And, as new animals are born, they need chips, too -- a self-perpetuating market!


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In at least 11 states, legislation has been introduced to reject the program, and in Texas and Vermont, aggressive grassroots opposition has forced legislators to back off plans to mandate premise registration. I also know some urban Democrats in Congress who had been supporting NAIS on the assumption that it was a consumer protection program. They've since had "visits" from agitated home folks who helped them see the light. Such visits are producing results. This summer, the House Appropriations Committee pointedly refused to approve any new funds for NAIS, instead demanding "a complete and detailed strategic plan for the program, including tangible outcomes ..." Incredibly, NAIS has gone as far as it has without ever having been subjected to a cost-benefit analysis! At last, the committee has now declared that without being shown some real benefits of such a sweeping ID system, it "has no justification to continue funding the program."

This is a big change in congressional attitude. However, billions of dollars are at stake in getting NAIS implemented, and the profiteers form a powerful lobby that will keep pushing at all levels, by all means. To hold them off requires more of us to learn what they're up to and to join the grassroots rebellion against them. You might not own a chicken or a cow, but you do own some fundamental freedoms that NAIS subverts in its pell-mell pursuit of special-interest profits. Some good people are standing up for those freedoms -- check the "Do Something" box to find out what you can do to help.

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