Elliott C. Back: Internet & Technology

Obama Murders Osama: The Illegal Assassination of America’s #1 Enemy

Posted in Homeland Security,Law,Politics,President by Elliott Back on May 6th, 2011.

What gave President Obama the right to order Navy Seals to invade the foreign sovereign nation of Pakistan, fly inland 50 kilometers from the Capital, and murder an unarmed foreign citizen? According to Reuters, “‘this was a kill operation,’ U.S. national security official [said], clarifying no desire to capture Osama bin Laden alive.” In the NY Times article New U.S. Account Says Bin Laden Was Unarmed During Raid, they clarify:

Bin Laden’s wife, who was with him in the room, “rushed the U.S. assaulter and was shot in the leg but not killed,” said the White House spokesman, Jay Carney, reading from the brief account, which was provided by the Defense Department. “Bin Laden was then shot and killed. He was not armed.”

Despite expecting Bin Laden to put up a fight, Mr. Brennan said the assault team had made contingency plans for capturing, rather than killing him. “If we had the opportunity to take Bin Laden alive, if he didn’t present any threat, the individuals involved were able and prepared to do that,” he said.

After the atrocities of World War II, there were held a series of military tribunals called the Nuremberg Trials, where German leadership was tried under doctrine drawn up by the occupying powers. By attempting to create and follow a criminal war-crimes procedure rooted in justice, the trials dispelled notions of “victor’s justice” and “murder by court.”

So why couldn’t we do the same with Osama? Here are two reasons why we should:

Executive Order 12333

In 1981, President Ronald Reagan signed into law this order which stated that “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” This restated Gerald Ford’s ban on political assassinations, and Jimmy Carter’s ban on indirect assassination. Of course, this does not apply to enemy combatants…

“Grave Breaches” of the Geneva Convention

We haven’t seen any evidence that Osama was actively engaged against the United States; when he was confronted by Navy Seals, he was unarmed. He should therefore have been accorded protection as a prisoner of war, fairly treated, and granted a fair trial. Instead he was assassinated.

I’d like to leave you with this quote from Reason’s Did the killing of Osama bin Laden violate U.S. law?:

“We’re violating our basic values and our basic principles, which is that we accord everybody due process and we don’t engage in summary executions,” argued libertarian Fox Business Channel host Judge Andrew Napolitano. “Justice is not a summary execution by a Navy SEAL in your bedroom.”

The Economist’s obituary of Osama bin Ladin is also worth reading.

Update: In the LA Times article “Osama bin Laden’s son says U.S. broke international law ‘if’ his father is dead”, Omar bin Ladin says “We are not convinced on the available evidence in the absence of dead body, photographs, and video evidence that our natural father is dead.” Omar also accuses the US of “breaking international law by killing the unarmed terrorist leader without a trial.”

Motorola Aura Contract Illegal?

Posted in Cellphone,Law by Elliott Back on November 3rd, 2008.

I was reading Motorola legal tie to pull pricey Aura phone off eBay, and it struck me that some scary stuff is going on if you are going to have to spend $2000 on a phone, only to never be able to resell it:

A source close to the company told Register Hardware that in order to maintain Aura’s glow of exclusivity, buyers will be required to “sign into a contract that states they can’t sell it on eBay”. The source added that if an Aura owner wants to sell their phone after they’ve bought it then they’ll only have one option: to sell it back to the manufacturer.

Presumably, each Aura sold will carry a unique id number, possibly above and beyond an IMEI code, that’ll be linked to a specific buyer. So should you shirk your contractual obligations and offer your handset for auction, then Motorola’s legal department will come knocking on your door.

I would think that reselling your own phone would be covered by the first sales doctrine or consumer protection laws. What do you think?

Obama Voted For Teleco Immunity (Illegal Wiretaps) in FISA HR 6304 Bill

Posted in Government,Law,Scandal by Elliott Back on July 9th, 2008.

There’s now a serious reason not to vote for Barack Hussein Obama in the upcoming election. On the issue of illegal wiretapping he voted for HR 6304, which grants retroactive immunity from prosecution to telephone companies who cooperated with Bush’s presidency to illegally spy on millions of Americans.

obama-wiretaps.jpg
Illegal Wiretaps We Can Believe In

We are all disappointed, Obama. TechCrunch, in Barack Obama Breaks Promise, Flip Flops, and supports Telco’s, says it best:

In voting for the bill, Obama acted in direct contradiction to his earlier statements. In 2007 Bill Burton, an Obama campaign spokesman, said “To be clear: Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies.”

Update: BoingBoing just posted the same thing a little late to the game!

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