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Monthly Archives: December 2004

DOJ Issues New Standard on Torture

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Memorandum for James B. Comey, Deputy Attorney General, Regarding Legal Standards Applicable Under 18 U.S.C. § § 2340-2340A (17 pages, PDF)

  • “Torture is abhorrent both to American law and values and to international norms. This universal repudiation of torture is reflected in our criminal law…and the longstanding policy of the United States, repeatedly and recently reaffirmed by the President. This Office interpreted the federal criminal prohibition against torture—codified at 18 U.S.C. §§ 2340-2340A—in Standards of Conduct for Interrogation under 18 U.S.C. §§ 23402340A (Aug. 1, 2002) (“August 2002 Memorandum“). The August 2002 Memorandum also addressed a number of issues beyond interpretation of those statutory provisions, including the President’s Commander-in-Chief power, and various defenses that might be asserted to avoid potential liability under sections 2340-2340A. Questions have since been raised, both by this Office and by others, about the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, S. Treaty Doc. No. 100-20, 1465 U.N.T.S. 85. See also, e.g., International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171. This memorandum supersedes the August 2002 Memorandum in its entirety. Because the discussion in that memorandum concerning the President’s Commander-in-Chief power and the potential defenses to liability was—and remains—unnecessary, it has been eliminated from the analysis that follows. Consideration of the bounds of any such authority would be inconsistent with the President’s unequivocal directive that United States personnel not engage in torture.”
  • Related references: from today’s Washington Post (reg. req’d) and January 1, 2005 New York Times, Justice Dept. Toughens Rule on Torture.
  • See also The Interrogation Documents: Debating U.S. Policy and Methods, from the National Security Archives

    • Federal Gov’t Creates Program to Recycle Old Computers

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    “Ecycling” Government Computers Under Recycling Electronics and Asset Disposition Services: “For the first time, EPA is awarding contracts to help the entire federal government recycle or properly dispose of computers and other electronic equipment. The new program will prevent hazardous substances inside these items from entering landfills. For example, each computer monitor contains six pounds… Continue Reading

    Desperately Seeking Customer Support

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    Having recently been caught on a treadmill to nowhere in my quest for “customer care” and “technical support” from two major vendors for hardware issues, this New York Times article hits home. It describes the frustrations of trying to locate a support telephone contact number on the websites of a range of product websites. This… Continue Reading

    Mobile Message Providers Must Submit Domain Names For FCC Database

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    From the FCC, Consumer and Governmental Affairs Bureau Domain Name Data Entry (For Wireless Providers Only): “The purpose of the domain name registry is to protect cellular and other commercial mobile service (CMRS) wireless consumers from unwanted commercial electronic mail messages, by identifying, for those who send commercial electronic mail messages, Internet domain names uses… Continue Reading

    CBO Report on Homeland Security

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    “This Congressional Budget Office (CBO) paper, prepared at the request of the Ranking Member of the House Select Committee on Homeland Security, examines the role of the private sector in responding to the threat of terrorism in the United States since September 11. In keeping with CBO’s mandate to provide objective, impartial analysis, the paper… Continue Reading