Open thread

Watching BSG on TiVO now Read More......

Cingular gets restraining order against cell phone records vendor

Good. Cingular still needs to, however, review their own practices for protecting such records since obviously they're not good enough. More on that later - I found out more information about how my records were obtained and how Cingular does, or doesn't, protect them. But not on Sci-Fi Friday, that can come later.

From Cingular's press release:

Cingular Wireless has succeeded in the first round of a court fight against websites that offer cell phone records for sale.

Cingular today obtained a Temporary Restraining Order from the U.S. District Court in Atlanta, GA, against two companies, Data Find Solutions, Inc. and 1st Source Information Specialists, Inc. Several weeks ago, Cingular filed a civil lawsuit alleging that these companies unlawfully obtained and disseminated Cingular customer records. The court has now granted Cingular's request for a Temporary Restraining Order in order to halt these companies' ability to obtain and sell Cingular customer records.

Cingular believes that Data Find Solutions, Inc. previously owned and operated several websites that advertise the sale of phone records, including http://locatecell.com and http://celltolls.com, and that 1st Source Information Specialists, Inc. currently owns and operates these websites. Cingular's lawsuit charges that these companies or their representatives obtained customer records through fraudulent means, such as by posing as customers seeking information about their own accounts.

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Sneak mini-preview of tonight's Battlestar Galactica

Michael in NYC has just launched his own pop culture blog, PopSurfing.com, and his latest entry is a sneak mini-preview/review of tonight's episode of Battlestar Galactica, and more. Check it out. Read More......

Friday Orchid Blogging

This is the flower I showed you a few days ago and last Friday, it's still not fully opened but it's doing pretty well.

Off to watch Sci-Fi Friday! Read More......

Al-Qaeda #2, Zawahiri, dead?

I hate to even post this because I have a sick feeling that yet again we're getting misinformation, but I'm posting it anyway because I guess I never learn. CNN is reporting that supposedly Zawahiri, the number 2 in Al Qaeda, "may" have been killed by a CIA-ordered strike against a building in Pakistan.

If true, this is great. But I'll believe it when it's confirmed.

And by the way, all 12 miners are alive! Read More......

Sprint caught lying over customer privacy

It's one thing for Sprint, Cingular and T-Mobile to be caught not being able to protect their customers' privacy, but it's quite another if they decide to lie about it. Sprint appears to be doing just that.

Dear Samuel,

I appreciate the opportunity to resolve your concern regarding the purchase of phone records.

We are aware of the article that you are referring to. Sprint has not decided to participate in this cause. I want to assure you that the privacy of our customers is of utmost importance to us and we will not compromise it in any manner.

Our legal advisors are also contemplating a legal action against this company.

Once again, I assure that your information is completely safe and only accessible to you.

Your satisfaction as a Sprint subscriber is important to us. If there is anything else I can assist you with, please reply to this email.

Warm Regards,

Candance S.
E-Care
Sprint together with Nextel
"Where our customers come first!"

Well, then how did CNN and a friend of ours both buy Sprint customers' phone records today?

Can you hear me now? Good. Read More......

The A.G. will testify before the Senate on the illegal domestic spying operation

Of course, Gonzales already thinks the NSA domestic spying program is legal. After all, he was White House Counsel when it began. Be interesting to see what he says when he does testify. We all know that the Bush people will say anything for their cause (whatever it is) -- even if they are under oath before Congress:

Attorney General Alberto Gonzales said Friday he will testify publicly at a Senate hearing on the Bush administration's domestic spying program, in the face of questions from lawmakers and legal analysts about whether it is lawful.

Gonzales said he reached an agreement with Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee, to answer questions about the legal basis for the National Security Agency's warrantless eavesdropping on telephone conversations between suspected terrorists and people in the United States.

Read More......

Last November, Congressman Ed Markey asked the FCC and FTC to stop the selling of private cell phone records

Given the lack of respect that the Bush Administration has for privacy, it's not really a surprise that there was no response or action from the Bush appointees at the FCC or FTC to Markey's demand that they put a stop to the selling of private cell phone records:

November 14, 2005- Selling Private Cell Phone Records Must Stop
WASHINGTON, D.C. – Representative Edward J. Markey (D-MA) Ranking Democrat on the House Subcommittee on Telecommunications and the Internet, responded to recent news reports of the commercial availability of consumer telephone records by companies like www.celltolls.com and other web-based companies that sell private cell phone records for as low as $89.95. A CBS – 4 Boston news report detailed that consumer phone records and billing information are now available for sale on several Internet websites.

“It is ILLEGAL to disclose this information without the approval of telephone subscribers,” said Rep. Markey. “The privacy of American citizens is priceless -- the phone records of consumers should not be commodities for sale in any cyberspace bazaar.

“I am requesting that the Federal Trade Commission and the Federal Communications Commission take immediate action – we must make it clear to these companies that they cannot profit off of the exploitation of consumer privacy,” Markey continued.

Rep. Markey reacted swiftly to this violation of private consumer information sending a letter to Chairmen Kevin Martin of the Federal Communications Commission (FCC) and Deborah P. Majoras of the Federal Trade Commission (FTC), requesting that immediate action be taken by the FCC and the FTC in order to halt the sale of consumers’ private information on a secret black market.

The letter sent to the trade and consumer agencies stated: “we must send a signal to the public and these website companies that the abuse of private information will not be tolerated.” The letter also requested that the agencies provide information regarding the steps that carriers are currently obligated to take under FCC rules to secure and protect consumer information.

Read More......

Open thread

And nap time for Bonzo. Been fighting a cold all week, eck. Read More......

Democratic Senate Leader Harry Reid (D-NV) demands immediate FCC investigation of illegal sale of phone records

Reid just sent the following letter, below, to the Federal Communications Commission chairman in Washington, DC demanding an immediate investigation into how online brokers are obtaining private phone records of Americans, whether phone companies are doing enough to protect our privacy, and what laws if any are needed to fix this problem.

Read More......

Sprint joins growing list of wireless companies whose customers' phone records are available to anyone for $89.95

Sprint today joined Cingular Wirless and T-Mobile as cell phone companies whose customers' private cell phone records are available online for anyone to buy for as little as $89.95.

A friend earlier today bought the cell phone records of AMERICAblog writer Joe Sudbay (Joe in DC) from CellTolls.com. These included the dates and numbers of 91 calls made to and from Sudbay's Sprint cell phone in November and December 2005. CellTolls is the same company AMERICAblog used yesterday to buy the T-Mobile phone records of former presidential candidate General Wesley Clark. And last Friday, I used LocateCell.com to easily buy my private Cingular Wireless cell phone records. (It appears that LocateCell and CellTolls are operated by the same company.)

No word yet from any of these companies as to why their customers' allegedly private cell phone records are readily available to anyone with an Internet connection and a credit card. Read More......

Cliff's Corner

The Week That Was 01/13/06

Another week. More preposterousness to report.

This week we were reminded that GOP lies make Baby Jesus cry. Or at least Judge Alito's wife. Yes, that Lindsay Graham-induced outbreak of sobbery by the bath towel-clad Mrs. Bomgardner (that feminazi didn't even have the decency to take here husband's name?) may be the most high drama news networks could concoct in the world's most deliberative body, at least since telesurgeon Bill Frist pronounced Terry Schiavo a member of Mensa via video feed.

It was hard not to be reminded of the sad state of our democracy this past week, while watching members of congress donning baseball caps with big grins and giving speeches longer than a line of Kate Moss's coke without actually asking questions. And I don't mean "highest" in a George Bush during the 70s or Rush Limbaugh yesterday kinda way. I am talking about a man who could and probably will be a party to ensuring our rights are on par with children in Burmese sweat shops or Pat Buchanan's wife over the next generation.

We were also once again privileged to watch that tired old film Brownback Mountain, where the honorable crotch stain from Kansas gives us his personal feelings on abortion ad nauseam, like anyone actually gives a shit. Somewhere in the world there must be a family eating stem cells with their Cheerios that he can go execute or something. Maybe he can become a super hero in a Jack Abramoff/Dana Rohrbacher flick, where he is a Senator by day, yet by night, he sniffs out coitus interruptus around the land and makes damn sure each and every American copulates for procreation. Tom Coburn could be his lovable sidekick—you know the one that wears short shorts and secretly yearns for his affection.

Yes, at least that's all I got out of the "hearings" this week, a foregone conclusion with the usual horserace media coverage and supposed moderates like Arlen Specter and Christie Todd Whitman whoring out like Duke Cunningham in the presence of a free French toilet to ensure many of the rights they claim to cherish are gone by 2010 (Note to NARAL: Lincoln Chafee and Olympia Snowe are part of the same Band of Brothers—keep that in mind when pondering your endorsements and Justice Gary Bauer is up for approval). At least some Senators, such as Ted Kennedy, Chuck Schumer and Russ Feingold, did try and challenge Alito's non-answers to Roe as "settled law," yet his membership in the White Nights of Princeton and past stated opposition to abortion are apparently much like putting pubic hairs on people's chosen carbonated beverage: a free pass to the Supreme Court!

Heckuva job country!

I'm just glad it is over. The only thing I can think of more painful than watching the Scalito questioning again would be if I were a victim in the movie Hostel (Note: plug for friend Eli Roth—if horror flicks are your thing, go see critically acclaimed film Hostel) or forced to watch Kate O'Beirne giving Susan Estrich a deep-tissue massage in her skivvies.

I am sure, were it to exist, you could purchase a videotape of the latter along with Kofi Annan's cell records at a myriad companies with a simple phone call. Last week, you may remember, I linked to an article I wrote arguing for a constitutional right to privacy. Do we need more proof this is a necessity after John found it easier to get a list of Wes Clark's phone calls than it is for one of Dick Cheney's arteries to clog?

And just remember, Alito's past rulings have shown his agreement with President Brush Clearer that he can ignore all laws with which he disagrees and made clear his support for forcing ten year-olds to be strip searched. So you can most certainly count on him to protect your personal information when he joins the Supreme Court.

In any case, I would like to be the first to call Old Sammy Alito to congratulate him. Anyone have $89.95 they can spare so I can get his number? Read More......

Chicago Sun-Times: "Blogger buys presidential candidate's call list"

Chicago Sun-Times

One of the nation's top political bloggers purchased the cell phone records of former presidential candidate Gen. Wesley Clark on Thursday to demonstrate the growing privacy concerns highlighted in a Chicago Sun-Times story last week.

John Aravosis, publisher of AMERICAblog.com, said he bought Clark's records for $89.95 from celltolls.com. Aravosis said he obtained a list of 100 calls made on Clark's cell phone over three days in November -- no questions asked.

Aravosis, whose liberal blog is critical of the Bush administration, said he called Clark's cell phone Thursday to make sure the former NATO supreme commander was informed Aravosis bought his records. Aravosis did not publish the numbers on his blog.

"I am not doing this to be mean, I am doing this to help people," Aravosis said. "I supported [Clark's] campaign when he was running in the beginning.

"This shows nobody's records are untouchable. . . . Wouldn't it be interesting to know who [Sun-Times columnist] Bob Novak was calling in the month that [CIA agent] Valerie Plame's name came out? How about [U.S. Attorney] Patrick Fitzgerald's phone calls?"

Clark said legal remedies are needed to stop companies from selling telephone records.

"When I learned today that my phone records were purchased for less than a hundred dollars I joined millions of Americans who worry about the invasion of their privacy that seems to be the growing price of technology," Clark said. "People should be able to trust that their privacy is being respected and protected by everyone from the government to our internet and mobile phone service providers. Clearly, this is not the case."

Clark urged consumers to contact their senators to urge passage of a law to order the Federal Trade Commission to "restore integrity to the system and give people back a reasonable degree of privacy."....

Read the rest of the article here, it also talks about the MoveOn action yesterday (click here to sign their petition), legislation etc.

Here's our post about buying Wes Clark's phone records. And can I just say, General Clark was a real champ with the quotes he gave, let alone his willingness to be quoted on this. Read More......

Alito = Scalia + Thomas

The traditional media keeps saying that Alito didn't really make any news and that his nomination is practically a shoo-in now. They preferred the pseudo-dram of his wife's tears to the reality of his words. Alito basically said that he's a hard-core, right wing conservative who will revoke rights, but apparently that's not important news:

On one of the few occasions Judge Alito spoke about his general approach to the law, he embraced a mode of constitutional interpretation, originalism, often associated with Justices Scalia and Thomas.

"In interpreting the Constitution," Judge Alito said Wednesday, "I think we should look to the text of the Constitution, and we should look to the meaning that someone would have taken from the text of the Constitution at the time of its adoption."

That "originalism" theory doesn't have much room for privacy rights, the right to choose and anything that would protect gays and lesbians. And, we already know that Alito will say anything to get a job, so those few words about looking backwards actually said volumes. Read More......

No, George Bush can't do more than one thing at a time

During the photo-op meeting on Iraq with former secretaries of Defense and State, one had the courage to challenge the President:

Madeleine K. Albright, a bit stirred up after hearing an exceedingly upbeat 40-minute briefing to 13 former secretaries of state and defense about how well things are going in Iraq, asked President Bush whether, with the war "taking up all the energy" of his foreign policy team, he had let the nuclear programs in Iran and North Korea spin out of control and allowed Latin America and China policy suffer by neglect.

"I can't let this comment stand," Bush shot back, telling Albright and the rare assembly of her colleagues, who reached back to the Kennedy White House, that his administration "can do more than one thing at a time."

Well, no surprise, that's not true. Witness the situation in Iran which is starting to get really tense and ugly:

Iran threatened on Friday to block inspections of its nuclear sites if confronted by the U.N. Security Council over its atomic activities. The hard-line president reaffirmed his country's intention to produce nuclear energy.

Iran, which really has nuclear capacity, really wants their nuclear capacity. But, Bush was too focused on Iraq which didn't have nuclear capacity even though he said they did.

If you have to say you can do more than one thing at a time, you probably can't. Read More......

Friday Morning Open Thread

Let's review: The drama of Alito's wife crying outweighs Alito's refusal to say the Roe v. Wade is settled law. The traditional media is unable to cover real news. Pathetic performances all around... Read More......

Maryland Senate overrides GOP Gov on Wal-Mart bill

The GOP position is that the state will lose jobs because, heaven forbid, Wal-Mart spends at least 8% on employee healthcare instead of the state picking up the charges via Medicaid which will be on the taxpayers bill.

"Don't dump your employees that you refuse to insure into our Medicaid system," said the bill's sponsor, Sen. Gloria Lawlah.

In the House, Delegate Anne Healey compared Wal-Mart to a schoolyard bully. But House Republican Leader George Edwards called the measure an unwarranted intrusion into private enterprise.

"If you don't want to work for Wal-Mart, no one's twisting your arms. Go somewhere else and work," Edwards said.

And if Wal-Mart doesn't want to do business in the state of Maryland, they don't have to either. I'm sure that other companies are ready, willing and able to fill the void. With all of the free give-aways that Wal-Mart asks from local governments I don't think that Maryland will be that damaged by not having Wal-Mart. Who's raking in all of the money anyway? It sure isn't the employees. Read More......

Army cuts off investigation of abuse

And quite frankly, who needs rule of law, serious investigations and fair court trials in a Soviet-esque state? Investigating abuse is probably overrated anyway and when has the Army ever lied or tried to cover up? As long as we don't orchestrate kangaroo courts we should be fine. Ooops.

Internal Army documents about the Iraqi's capture on Jan. 4, 2004, and his subsequent interrogation at an unspecified facility at or near Baghdad International Airport were not reviewed, the records show, because investigators were told they had been lost in a computer malfunction.

The investigation records were among thousands of pages of records released by the ACLU which obtained them from the Defense Department as part of a Freedom of Information request.

The documents include numerous references to investigators being blocked from a thorough investigation, yet the matter was closed a final time on June 17, 2005, by the Army Criminal Investigation Command.

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Open thread - NBC video is now online - CBS video now up as well

I am so off to bed. Man what a week.

The NBC Nightly News piece about cell phone records being for sale is now online. You can view it here, but you need Internet Explorer to view it (I don't know why).

And here's CBS News' piece as well from tonight, you can use any browser for this one I think.

More weirdness is going on with this cell phone story. There are a lot of unanswered questions worth much further investigation, such as why this problem hasn't been addressed even though congress and the executive branch and the phone companies have known about it for at least six months. Does someone in power want this ability to get phone records easily, or this company, to stay around for a while, and if so, why? How does this company get your phone records? Seems a bit too slick and detailed for the info to come from a simple phone call to the cell company by someone pretending to be you - what, they read you a hundred phone numbers during a phone call? Doubtful.

This story smells. I think we need a blogswarm of folks investigating just what is going on here. More to come. Read More......