The U.S.-Canada Security Perimeter and the Political Consolidation of North America

Global Research
Dana Gabriel

The U.S. and Canada are very close to unveiling a North American perimeter security deal that would promote greater integration between both countries. This includes expanding collaboration in areas of law enforcement and intelligence sharing which could dramatically affect sovereignty and privacy rights. While there is a need for more public scrutiny, incrementalism has been used to advance North American integration. In many ways this has kept the agenda under the radar. Much like NAFTA and the Security and Prosperity Partnership, a U.S.-Canada perimeter security agreement would represent another step in the consolidation of North America.

During his speech at a recent meeting of northern border states, U.S. Attorney General Eric Holder told participants that the U.S. and Canada are set to launch a pilot project next year which will allow law enforcement officers to operate on both sides of the border. Holder explained that, “the creation of ‘NextGen’ teams of cross-designated officers would allow us to more effectively identify, assess, and interdict persons and organizations involved in transnational crime.” He went on to say, “In conjunction with the other provisions included in the Beyond the Border Initiative, such a move would enhance our cross-border efforts and advance our information-sharing abilities.” The declaration, Beyond the Border: Shared Vision for Perimeter Security and Economic Competitiveness issued by President Barack Obama and Prime Minister Stephen Harper last February, identified joint law enforcement operations and information sharing as a high priority. There are already examples of what we could expect from a security perimeter as some Canadians have been denied entry into the U.S. after their records of mental illness were shared with the U.S. Department of Homeland Security.

While further details of the new joint law enforcement project are not yet available, Stuart Trew of the Council of Canadians pointed out that the plans are well advanced. This prompted him to question, “why is Harper consulting with Canadians on a done deal? We haven’t had a chance to yea or nay the perimeter agreement which is expected to be released as an ‘action plan’ within weeks. But a pilot project that legalizes and normalizes US policing activities in Canada is already set to begin next year.” He added that this confirms, “the Harper government will use its limited public consultations earlier this year to move ahead quickly with whatever new cross-border policing and information sharing commitments it wants, regardless of privacy and other concerns.” Last month, the Canadian government released two reports which summarized public input received concerning regulatory cooperation, as well as security and trade across the border. While improving the movement of goods and people was the priority for business groups, many individuals expressed concerns over the loss of sovereignty, along with the protection of personal information.

On top of announcing plans to create teams of cross-designated officers, Attorney General Eric Holder took time to praise bilateral relations between the two countries, but acknowledged, “there are areas in which the U.S. and Canada can enhance cooperation in criminal investigations and prosecutions. And I believe we must consider how extradition, and mutual legal assistance, processes could be streamlined.” He also stated, “As Canada’s national government considers various anti-crime policies and approaches, we will continue working to implement a comprehensive anti-crime framework.” Does this mean that as part of a security perimeter, Canada would have to change its legal system to better reflect U.S. laws? As the fall session of Parliament gets underway, the Harper government is set to table tough new criminal reform legislation.

In the report entitled Shared Vision or Myopia: The Politics of Perimeter Security and Economic Competitiveness, former Foreign Service officer Gar Pardy warns that a perimeter security deal with the U.S. could sacrifice Canadians privacy while doing nothing to improve the flow of trade across the border. In his report, Pardy reveals that “The concessions the Americans want is the transfer of enormous amounts of information about Canadians and others about whom Canada collects information. It is evident that to meet such expectations Canadian privacy laws will need to be ignored, violated or weakened.” He also stated that, “The Shared Vision approach essentially promotes the idea that in order to restore the status quo ante implicit in the free trade agreements there have to be large political concessions by Canada that will satisfy American security concerns.” This could explain the Conservative government’s announcement that it will reintroduce anti-terrorism measures which have expired and are on par with sections of the liberty-stripping U.S. Patriot Act. The move is tied to plans for a security perimeter and is aimed more at satisfying U.S. fears.

In his report released by the Rideau Institute, Gar Pardy also warns that, “when Canada–United States privacy protection principles are under bilateral discussion, privacy protection will not be increased. A more likely result is that existing Canadian privacy laws, as flawed as they are, will erode to meet the demands of the United States.” As part of his report, he recommended measures that would better protect privacy rights and encourage transparency. This included all new agreements with the U.S. affecting the privacy rights of Canadians, be reviewed by the Privacy Commissioner. Pardy called for the creation of a single authority to oversee all federal police and security organizations participating in information transfers between both countries. He also recommended a separate treaty that would protect personal information transferred to the U.S. for national security purposes. With regards to a perimeter security deal, Pardy concluded that, “If Canadian concessions on security and privacy rules do result in the lessening of American border restrictions and controls then such results would always be hostage to future events over which Canada has no control.”

It is important to keep in mind that the move towards a North American security perimeter is being done without congressional or parliamentary approval. There is no reason to trust that our governments will strike any kind of balance between security and freedom. That is why it is imperative that we demand more transparency and input. With a joint action plan expected to be released soon, it is my hope that Canadians and Americans will reject any perimeter security deal that reduces privacy rights and further puts our sovereignty at risk.

Dana Gabriel is an activist and independent researcher. He writes about trade, globalization, sovereignty, security, as well as other issues. Contact: beyourownleader@hotmail.com. Visit his blog at beyourownleader.blogspot.com

Conspiracy Theory

Sabbah Report

While we were not watching, conspiracy theory has undergone Orwellian redefinition.

A "conspiracy theory" no longer means an event explained by a conspiracy. Instead, it now means any explanation, or even a fact, that is out of step with the government’s explanation and that of its media pimps.

For example, online news broadcasts of RT have been equated with conspiracy theories by the New York Times simply because RT reports news and opinions that the New York Times does not report and the US government does not endorse.

In other words, as truth becomes uncomfortable for government and its Ministry of Propaganda, truth is redefined as conspiracy theory, by which is meant an absurd and laughable explanation that we should ignore.

When piles of carefully researched books, released government documents, and testimony of eye witnesses made it clear that Oswald was not President John F. Kennedy’s assassin, the voluminous research, government documents, and verified testimony was dismissed as "conspiracy theory."

In other words, the truth of the event was unacceptable to the authorities and to the Ministry of Propaganda that represents the interests of authorities.

The purest example of how Americans are shielded from truth is the media’s (including many Internet sites’) response to the large number of professionals who find the official explanation of September 11, 2001, inconsistent with everything they, as experts, know about physics, chemistry, structural engineering, architecture, fires, structural damage, the piloting of airplanes, the security procedures of the United States, NORAD’s capabilities, air traffic control, airport security, and other matters. These experts, numbering in the thousands, have been shouted down by know-nothings in the media who brand the experts as "conspiracy theorists."

This despite the fact that the official explanation endorsed by the official media is the most extravagant conspiracy theory in human history.

Let’s take a minute to re-acquaint ourselves with the official explanation, which is not regarded as a conspiracy theory despite the fact that it comprises an amazing conspiracy. The official truth is that a handful of young Muslim Arabs who could not fly airplanes, mainly Saudi Arabians who came neither from Iraq nor from Afghanistan, outwitted not only the CIA and the FBI, but also all 16 US intelligence agencies and all intelligence agencies of US allies including Israel’s Mossad, which is believed to have penetrated every terrorist organization and which carries out assassinations of those whom Mossad marks as terrorists.

TSA Threatens To Cancel All Flights Out Of Texas If ‘Groping Bill’ Passed

Forbes

Upset about invasive screening techniques at the airport, the Lone Star State was considering a bill that would make a TSA patdown that involves touching “the anus, sexual organ, buttocks, or breast of another person including through the clothing” a misdemeanor, allowing Texas law enforcement to arrest TSA officials and charge them with sexual harassment. It would have meant that TSA officials could be fined $4,000 and spend up to a year in jail for doing their jobs of feeling up prospective fliers.

The Transportation Security Administration was not happy when the bill was passed in the Texas House of Representatives, blogging in response that Texas is barred by the U.S. Constitution from regulating the federal government.

On Tuesday, the bill was set to be voted on in the Senate. This called for more of a response than a simple blog post. Federal government officials descended on the Capitol to hand out a letter (embedded below) from the Texas U.S. Attorney letting senators know that if they passed the bill, the TSA would probably have to cancel all flights out of Texas. As much as they love their state, the idea of shutting down airports and trapping people in Texas was scary enough to get legislators to reconsider their support for the groping bill…

Republican Dan Patrick, who was the sponsor of the bill in the Senate, withdrew it when he realized he would not have the votes he needed to pass it. “There was a time in this state, there was a time in our history, where we stood up to the federal government and we did not cower to rules and policies that invaded the privacy of Texans,” he said with regret, reports the Texas Tribune. No last stand for Texas this week.

The letter from U.S. attorney John Murphy said Texas could not pass a statute that conflicts with federal law. If it had, the TSA would have sought an emergency stay and until that had been granted, would have had to shut down Texas airports as it “could not ensure the safety of passengers and crew.”

“Naturally, Texans didn’t take to well to being threatened in that manner,” said Rep. David Simpson, the author of the bill, in a written statement.
They may not like it, but it worked.

TSA Letter to Texas Lawmakers over the 'groping' bill

Govt Plans to Expand Internet Censorship Powers

Would give DOJ the power to force US based third-parties, including ISPs, payment processors, online advertising network providers, and search engines to either block asccess to infringing sites or cease doing business with it. Copyright holders would also get additional tools to target infringing sites.

After years of failed efforts to eliminate online piracy copyright holders are trying a different plan of attack these days by eliminating freedom of movement on the Internet instead.

After having already seized more than 100 domain names so far as part of the ongoing “Operation in Our Sites,” legislators are pushing a proposal that would dramatically escalate that effort.

The “Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011,” or the “PROTECT IP Act,” would give the DOJ and copyright holders additional tools against copyright infringing websites.

In the case of a DOJ-initiated suit, the Attorney General can force US based third-parties, including ISPs, payment processors, online advertising network providers, and search engines to either block access the site or cease doing business with it.

A copyright holder-initiated suit is limited to payment processors and online advertising network providers, and exempts ISPs and search engines.

The PROECT IP Act talks about “safeguards” like allowing domain name operators or site owners to petition the court to have the orders vacated, but it still occurs after the fact and the damage done. It’s akin to being sentenced before trial.

Search engine filtering is what should make everyone sit up and take notice. It ostensibly means that search engines could find themselves forced down a slippery slope of filtering all kinds of illegal material and sites. Online gambling is illegal in the US, for example; would these sites be next? What about sites that promote drug usage or other illegal behavior?

Keep in mind also that this is all without the benefit of due process. Site owners from around the world would find themselves in an untenable situation of having to make the costly and arduous trek to a US courtroom to defend themselves, and against all manner of copyright holder accusations big and small.

Worse still is that the Act encourages voluntary filtering and sanctions by immunizing from damages “actions taken against an Internet site where they have a good faith on credible evidence it is dedicated to infringing activities.”

Stay tuned.

Court Closes Door to Families of Wrongfully Detained Men Who Died at Guantánamo

Center for Constitutional Rights

Court Denies Compelling Evidence of Murder at Secret Site

CONTACT: press@ccrjustice.org

September 29, 2010 Washington and New York – Today, the United States District Court for the District of Columbia affirmed its decision to dismiss Al-Zahrani v. Rumsfeld, a civil lawsuit brought by the Center for Constitutional Rights (CCR) and co-counsel concerning the deaths of three Guantánamo prisoners in June 2006, despite newly-available evidence from soldiers stationed at the base at the time of the deaths that strongly suggest the men were killed at a black site at Guantánamo and a government cover-up of the true cause and circumstances of the deaths. The government reported the deaths as suicides.

“No one can compensate me for the loss of my son; no one can bring him back to me,” said Talal Al-Zahrani, father of Yasser Al-Zahrani. “But the court’s refusal to hear my son’s case is devastating and deepens my family’s pain. The courts should be investigating my son’s death and holding those responsible accountable. President Obama should be defending human rights and the democratic values the U.S. preaches to the world, rather than going to court to defend the lies and gruesome crimes of the Bush administration.”

The case, filed on behalf of the families of two of the deceased, Yasser Al-Zahrani of Saudi Arabia and Salah Ali Abdullah Ahmed Al-Salami of Yemen, charged the government and 24 federal officials with responsibility for the men’s abuse, wrongful detention and ultimate deaths. Earlier this year, the court granted the defendants’ motion to dismiss the case, holding that national security considerations prevented the court from hearing the families’ claims. Following the dismissal, the families filed a motion for reconsideration on the basis of the evidence from the soldiers, as reported by Scott Horton in Harper’s Magazine in January 2010, arguing that the new facts compelled the court to reopen the case.

While noting that “‘it is, as plaintiffs argue, ‘disturb[ing]’ that defendants allegedly ‘fought to keep secret virtually all information concerning the cause and circumstances of Al-Zahrani and Al-Salami’s deaths’ and that ‘details of an elaborate, high-level cover-up of likely homicide at a ‘black site’ at Guantanamo’ are now emerging,’” the court’s decision today held that national security considerations still bar it from considering the families’ claims, and that the defendants’ alleged involvement in the murder of Al-Zahrani and Al-Salami was still within the scope of their employment.

“The very secrecy of Guantánamo is what allowed the government to torture and illegally imprison innocent men there for years, as we now know from leaked government memos, whistleblowers, and repeated wins in court in detainees’ habeas cases,” said CCR Attorney Pardiss Kebriaei, lead counsel in the case. “Yet the court’s decision today allows secrecy to continue to shroud the truth about these deaths, in the face of compelling evidence of a four-year cover-up of murder.”

The suit was brought by CCR and co-counsel William Goodman of Goodman & Hurwitz, P.C. and the International Human Rights Law Clinic (IHRLC) at the Washington College of Law. The decision, the complaint, the government briefs and other court documents, as well as video of Mr. Talal Zahrani addressing the U.S. government, courts and people regarding his son’s death can be found on CCR’s legal case page.

CCR has led the legal battle over Guantánamo for the last eight years, filing the first case on behalf of the men detained establishing the right of all Guantánamo detainees to challenge the legality of their detention, and organizing more than 500 pro bono lawyers across the country to provide legal representation to the men at Guantánamo.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.