202 Chapters
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Medium 9780253017314

Made in the USA? NSA Surveillance and U.S. Technology Companies

David P Fidler Indiana University Press ePub

Made in the USA?
NSA Surveillance and U.S. Technology Companies

The Washington Post disclosed this NSA slide obtained from Snowden in October 2013. It formed part of a briefing on “Google Cloud Exploitation,” through which the NSA accessed communications flowing between Google data centers located outside the United States. The Post story stated that the NSA did the same thing with Yahoo’s foreign communication links. This activity formed part of the MUSCULAR program. In PRISM, Google and Yahoo received FISC-approved orders to provide information to the NSA. The exposure of MUSCULAR angered Google, Yahoo, and other U.S. technology companies, worsening their deteriorating relationship with the NSA and damaging their global reputation for providing secure services.

In the MUSCULAR program, neither company was aware that the NSA was accessing its foreign-based communications facilities, which raised questions about the NSA’s authority to conduct this activity. The most likely source was the president’s constitutional authority to conduct foreign intelligence, as regulated by Executive Order 12333, initially adopted in 1981, and considered a less restrictive set of rules than FISA. A former State Department official published an op-ed in July 2014 arguing that U.S. government collection and retention of communications by U.S. persons under Executive Order 12333 violated the Fourth Amendment. In August 2014, the Privacy and Civil Liberties Oversight Board decided to examine Executive Order 12333 for its implications for privacy and civil liberties, and the ACLU released documents in October 2014 on the executive order it obtained under the Freedom of Information Act as part of its effort to increase scrutiny of the order.

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Medium 9781574413175

Prologue

Bill Neal University of North Texas Press PDF

PROLOGUE

FOR FOUR MISERABLE DAYS the two would-be assassins sweated in the heat of early September. The small house they had rented for their intended ambush had no air-conditioning, but then nobody had air-conditioning in 1912 Amarillo. Still, most folks at least opened their windows to catch an occasional breeze. But not the assassins. They nailed the shades over all the windows, leaving only a narrow space for a peephole at the bottom.

When, several days earlier, John Beal Sneed heard that his prey had come to Amarillo, he and his deputy assassin, Beech Epting, caught the next train to town. Already anticipating his prey’s arrival, the leader had grown a full beard, and now, instead of wearing his usual business suit, he donned a pair of faded overalls. Adding to this disguise a rather bizarre touch, he wore, as one witness subsequently described it, “a pair of blue goggles.” Then, under aliases, he had

Epting rent what would later be referred to as “the death cottage” along a street they knew their target would have to walk, sooner or later, en route to the downtown area. Ironically, the death cottage was just across the street from a venerable Amarillo landmark—the

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Medium 9780253017314

4 U.S. Foreign Policy and the Snowden Leaks

David P Fidler Indiana University Press ePub

DAVID P. FIDLER

The proposition that Edward Snowden’s disclosures of information about the National Security Agency have damaged U.S. national security and foreign policy is not controversial.1 Since June 2013, the U.S. government has been reeling at home and abroad from Snowden’s disclosures. These revelations harmed U.S. relations with allies and friendly nations, hurt U.S. technology companies globally, and helped U.S. adversaries.

The impact has been so significant that the leaks undermined the strategic U.S. foreign policy approach on cyberspace developed before Snowden entered history. This approach—captured by the “Internet freedom” idea—emphasizes protecting individual rights in cyberspace, promoting democracy through cyber means, accessing the economic benefits and technological innovations a global Internet generates, and strengthening multistakeholder Internet governance. The Snowden disclosures, by contrast, created the perception that the United States prioritizes national security over individual rights, spies on democracies and dictatorships alike, subjects technological innovation to its interests, and exploits the Internet without restraint to protect its security and project its power.

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Medium 9781574411522

Appendix C Law Library Holdings

Jorge Antonio Renaud University of North Texas Press PDF

Appendix C

Law Library Holdings

Following is a partial listing of the books and manuals that all TDCJ law libraries must offer to remain in compliance with court-ordered stipulations concerning access to courts. Many transfer units and smaller units have mini-law libraries, and they offer less, but most attempt to make up the difference via loan programs with other TDCJ law libraries.

1. Federal Reporter 2d.

2. Federal Reporter 3d w/advance sheets

3. Federal Supplement w/advance sheets

4. Supreme Court Reporter w/interim bound volumes and advance sheets

5. United States Supreme Court Digest

6. South Western Reporter 2d, Texas w/advance sheets

7. Texas Subsequent History Table

8. United States Codes Annotated—Title 18: 19 volumes w/pocket parts; Title 28: 13 volumes w/pocket parts; Title 42: 5 volumes w/ pocket parts

9. Vernon’s Texas Statutes and Codes Annotated: 108 volumes w/ pocket parts

10. Vernon’s Texas Rules Annotated: 9 volumes w/pocket parts

11. Texas Evidence and Courtroom Handbook

12. Wright’s Federal Practice and Procedure, Criminal

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Medium 9781574411829

6. Home Confinement with Electronic Monitoring

Gail Caputo University of North Texas Press PDF

CHAPTER 6

Home Confinement with

Electronic Monitoring

Jon’a F. Meyer

BACKGROUND

Spiderman had possibly met his match; the poor super hero had no idea what his nemesis, the Jackal, had in store for him. Like a number of villains in the popular Spiderman comic series, the Jackal was a professor and an evil one at that. In a fit of sheer brilliance, the Jackal had developed a tracking device and fitted a sedated Spiderman with it (Lee,

1974). Spidey awoke to find his lower forearm encased in the fiendish bracelet. If removed, the device would explode and render Spiderman’s arm useless for life. If left in place, however, it allowed the Jackal to know Spidey’s whereabouts. Spiderman finally defeated the nefarious device and many scholars now attribute the birth of electronic monitoring of criminal offenders to the January 1974 issue of the comic in which Spidey and the Jackal engaged in their technologically enhanced battle.

Albuquerque-based judge Jack Love read the comic in 1977 and became convinced that the premise behind the Jackal’s tracking device could work in the corrections field, enabling better monitoring of those ordered into home detention. Satisfied that the idea merited consideration, he sent a memo, a copy of the comic, and a news article about devices used to track cargo and animals to the New Mexico

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Medium 9781626562691

7 Working from the Inside Out: Decarcerate!

Schenwar, Maya Berrett-Koehler Publishers ePub

This could be your brother, your son, or your father. This is what’s in our future. We have to stop it.

—Reginald Akkeem Berry, on the need to oppose supermax prisons

In 2006, a letter was slipped in through the door slat in Johnnie Walton’s cell. Johnnie was living—twenty-three hours a day—in a seventy-square-foot cell furnished with a concrete bed, a solid steel door, and a window through which little light traveled. Through the slat in the door, three times a day, Johnnie’s meals appeared. For one hour each day, Johnnie was permitted solitary “recreation” in a small pen just outside his cell.

The same routine went for the roughly 250 other prisoners in Tamms, the supermax prison that had opened in Southern Illinois in 1998. Practices at Tamms were similar to those in other supermax prisons and “Secure Housing Units” (such as the one Abraham Macías occupies at Pelican Bay) around the country: The prison, with no yard, no chapel, no dining hall, no library, and no phone calls (unless a close relative was dying), was designed to extinguish the outside world for the men trapped within.

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Medium 9781626562080

CHAPTER 5 From the Machine to the Network

Capra, Fritjof Berrett-Koehler Publishers ePub

Despite the continued success of Newtonian mechanics throughout the eighteenth and nineteenth centuries, some people voiced a strong opposition to this mechanistic worldview. In addition, several developments in nineteenth-century science—the theory of evolution, the investigation of electric and magnetic phenomena, and thermodynamics—made the limitations of the Newtonian model apparent and prepared the way for the scientific revolutions of the twentieth century.

Even before the limits of Newtonian mechanics became apparent to scientists, the Romantics were already questioning this purely mechanistic approach. The Romantic movement in art, literature, music, philosophy, science, and law, which arose in the late eighteenth century, stood in opposition to the mechanistic worldview of Newtonian science and Enlightenment philosophy.1 The Romantics were not altogether opposed to the Enlightenment’s emphasis on reason, but they argued that scientific reasoning should be accompanied by aesthetic judgment, which offered another, complementary path to understanding the nature of reality. The Romantics fundamentally questioned the role of mechanism as the dominant scientific paradigm; they replaced the concept of mechanism with that of “the organic” as the chief principle for interpreting nature.

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Medium 9781574414325

Chapter 4 – Clothing

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER FOUR

clothing

Think about what your taste in clothes says about you. Your wardrobe reflects your personality. Your grasp of fashion, your sense of color and texture, your hairstyle—all say something about your individuality.

The state prison does not want inmates to be individuals. It pursues policies that result in depersonalization, in a loss of personal identity, and it then justifies these policies in the name of security. There are various reasons for this. The first is that inmates who look like inmates dressed similarly, and all unlike the general population–are easy to recognize if they escape. An inmate who walked out the front gate wearing jeans, a designer shirt, and a pair of brand-name tennis shoes would easily merge with everyone else. Depersonalization is also for the guards’ benefit. If they do not see us as people, but as a mass of interchangeable inmates, they will not readily form associations with us. They will not have sympathy for us, show us leniency, or worse, bring us drugs and guns. Lastly, inmates who lose their sense of self are less likely to rebel. Texas inmates feel invisible. They feel that nothing they do is recognized. It is but one step from that to agreeing, subconsciously but sincerely, that if the others who dress like them, look like them, and act like them, are guilty and worthy of punishment, so are they.

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Medium 9781574411522

14 Craft Shop

Jorge Antonio Renaud University of North Texas Press PDF

Chapter fourteen

craft shop

T

here are perhaps only three ways an inmate may legally make money while he is in TDCJ. One is to write and then market his fiction, essays and poetry to free-world magazines. Another is to paint or draw and sell his artwork to interested buyers outside the walls. Both of these moneymaking ideas are subject to not just individual talent but to the mails, and to the hit-and-miss assistance of outside parties.

TDCJ offers one way for inmates who keep clear disciplinary records to make money while inside the walls, with all work and most sales being done by the inmates. It’s called the craft shop, or the “piddling” shop, and it is a privilege not to be dismissed lightly. The craft shop is just that: an area where inmates work on leather goods, jewelry, wood projects, paintings, fanciful stick creations—any of a number of personal expressions that can be done at a minimum of cost and then sold to officers or visitors or marketed to the free-world.

Inmates within the shops, called piddlers, usually begin as apprentices, or helpers, and work their way up the ladder as space in the craft shop allows. A determined, hard-working piddler who produces quality goods can make over $12,000 a year while still performing his assigned duties for the system. That may not sound like much money, but it does

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Medium 9781574414325

Chapter 17 – Discipline

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER SEVENTEEN

discipline

One of the most famous judges in Texas history was Roy Bean, remembered as the Law West of the Pecos as a result of the outrageous brand of justice he administered in Langtry, Texas. Judge Bean would ask miscreants how much money they had and then fine them exactly that much. He once ordered a hanged and buried criminal dug up and hanged again. Judge Bean would have fit in fine as a TDCJ disciplinary captain. The ultimate in frustration and helplessness felt by an inmate is when he goes before the Unit Disciplinary Committee and is steamrolled and flattened by the prison disciplinary machine.

The system seems simple, and maybe even just, to outsiders, if only because it mirrors the court system in the free-world. When inmates enter TDCJ, they are handed a book with the rules they must follow. If a guard believes an inmate has violated a rule, the guard writes a case—a ticket, if you will—that details the incident. The inmate is advised of the charges, and, depending on their seriousness, is appointed a substitute counsel, which is another guard, to aid in his defense. The inmate then appears before the Unit Disciplinary Committee, which is in reality a lone captain whose duties are to be the arm of justice on that unit. The inmate is allowed to present a defense, to call witnesses, and to appeal the findings. If found guilty, punishment is assessed from a range designed to fit the seriousness of the offense.

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Medium 9780253017314

A Secure and Reliable Cyberspace? The NSA, Encryption, and Exploits

David P Fidler Indiana University Press ePub

A Secure and Reliable Cyberspace?
The NSA, Encryption, and Exploits

Another category of disclosures made by Snowden includes NSA activities concerning encryption of cyber communications and the use of software exploits against foreign intelligence targets. These activities raised concerns that the NSA was strengthening its signals intelligence mission at the expense of broader cyber security, a point made by Cate and Fidler elsewhere in this volume. This document is an excerpt from a classified description of Project BULLRUN, a secret effort through which the NSA worked to defeat encryption of cyber communications of foreign intelligence targets. Exposure of BULLRUN and related NSA decryption activities brought accusations that the NSA was engaged in a secret war against encryption, a key way to provide security for communications transiting the Internet.

NSA, Classification Guide for Project BULLRUN on Defeating Encryption, June 16, 2010 [disclosed September 5, 2013].

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Chapter 20 – Racism, Gangs and Violence

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER TWENTY

racism, riots, and gangs

A Time cover story in the early 1980’s declared the East Texas prison unit of Eastham “America’s Toughest Prison,” a distinction hotly disputed by other Texas prison units. The entire then-Texas Department of Corrections rocked after Judge William Wayne Justice ordered the building tender system dismantled as a result of Ruiz v. Estelle. Without its inmate goons to keep order, TDC was exposed as almost criminally understaffed.

Coupled with the mass resignings and reassignments of many old-time guards and wardens—who had flourished under Director W.J. Estelle’s term—the lack of supervision left a power vacuum that was soon exploited by burgeoning prison gangs. Flexing their muscles, the various gangs waged war for the right to control the prison drug trade and jumped at the opportunity to settle old scores. The murder rates rocketed as the media fueled the killing frenzy by publicly lamenting the records for violent deaths that TDCJ convicts were daily rewriting. Clemens, Ellis, I, Coffield, Ramsey I, Darrington—where a 1984 triple murder in a sunlit dayroom prompted TDC’s first system-wide lockdown as officials frantically tried to isolate gang members—all laid valid claims to the dubious title of America’s deadliest joint.

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Medium 9781574411522

A Short History of Texas Prisons

Jorge Antonio Renaud University of North Texas Press PDF

A Short History of Texas Prisons

In order to understand the Texas prison system and how it deals with inmates and their families, you need to know a little of Texas prison history and the psychology that drives prison officials.

First, prisons don’t make money for the state, and this irritates bureaucrats to no end—that, with more than 100,000 able-bodied, convicted criminals at their disposal, the Texas Department of Criminal

Justice (TDCJ) cannot be labor intensive enough to at least break even, or make a dollar, as it used to. At one time, under the convict lease system—in which corporations or wealthy individuals would lease convicts from the state for private use—enough money was made so that

Texas didn’t need to appropriate funds from prisons. Convicts used to be leased to railroads, plantations, and mining corporations. However, the lessors—Ward Dewey Corporation of Galveston, which leased the entire penitentiary from 1871 to 1877; E. H. Cunningham and L. A. Ellis, who leased Huntsville prison from January 1878 to March 1893; and many others—spread the wealth around. They paid Texas officials for the right to have their hired prisoners pile up the profits.

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Medium 9780253020925

3 Defining Village Boundaries at the Time of the Introduction of the Malikane System: The Struggle of the Ottoman State for Reaffirming Ownership of the Land

Schull, Kent F. Indiana University Press ePub

Michael Nizri

SINCE LAND FORMED the major economic resource for centuries, providing a large share of people’s income and an important part of government’s taxes, the Ottoman state and Hanafi jurists had to deal with problems and issues relating to ownership, land management, access to agricultural surplus, and the settlement of disputes.2 As power relations shifted among various forces—the state, provincial administrators, local notables, owners of “free-hold” properties, waqf founders, peasant cultivators, and so forth—the rules of landed property were occasionally recast by legal thinkers and the central government.3 After all, as Sabrina Joseph asserts, “the law is a dynamic discourse, an integral part of the historical process, which is responsive to existing reality and actively engaged in shaping and re-shaping this reality. Thus, the law, similar to relations of power, is constantly being renegotiated.”4

Legal norms relating to landed property were formulated on the basis of Islamic law (sharia) and Ottoman imperial regulations (sing. kanun) defined in sultanic decrees and derived from local and customary usage as well as administrative exigencies. They emphasized first and foremost the role of the state or the ruler as the source of property rights (the right to make decisions regarding the land). These rights did not entail absolute claims over a certain property. Rather, they described differentiated and particularistic claims of revenue and subsistence. Not only rights to revenues, to the use of the land, and to its title were differentiated, but each claim could also be assigned to different claimants under various categories of property.5

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Medium 9781574414325

Chapter 19 – Drugs

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER NINETEEN

drugs

In March of 1995, TDCJ outlawed the use of tobacco products on all of its units, by both guards and inmates. Trumpeted as a cost-saving measure, the move probably did save the system millions of dollars. Building interiors no longer needed the constant repainting due to layers of smoke scum. The damage done by incidental, and sometimes intentional, fires was eliminated. Convicts suffering from asthma, emphysema, and other lung ailments could literally breathe easier, and convicts’ health improved overall, dropping the system’s medical cost.

One totally unintended consequence of the new tobacco policy was a sharp decline in drug trafficking, as the convicts who sold drugs—and the guards who smuggled them—realized the enormous profits and relatively low risks of now trafficking tobacco. While drugs are still available—especially on the units where older convicts retain their lifelong addiction to heroin—the businessmen who maintained the large operations now deal tobacco, not cocaine or marijuana.

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