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Paul Merrell

Friday's Jobs Report: More Lies From "our" Big Brother   :    Information Cle... - 0 views

  • In his report on the Bureau of Labor Statistics’ latest jobs and unemployment report, statistician John Williams (shadowstats.com) writes: “The July employment and unemployment numbers published today, August 3rd, were worthless and likely misleading.
  • Instead, Let’s just apply common sense. According to the BLS, there were 163,000 new nonfarm payroll jobs created in July. This figure is about 13,000 more jobs than is needed to keep pace with population growth. Therefore, the unemployment rate should have declined fractionally. Instead, the unemployment rate (U3) rose from 8.2% to 8.3%. In case you missed the point, new jobs, a net figure, rose and so did the unemployment rate!
  • Moreover, the alternative, but much less reported, jobs report from the Household Survey found that the economy lost 195,000 jobs in July.
Paul Merrell

Leahy: NSA surveillance 'not making us safer' | TheHill - 0 views

  • Sen. Patrick Leahy (D-Vt.) warned about the government’s collection of massive quantities about data about American citizens on Wednesday.During a panel discussion titled “The Big Brother Problem" at the World Economic Forum in Davos, Switzerland, Leahy said government officials “don’t make ourselves safer by wiretapping or investigating every single person.”“In the United States, which should be one of the freest countries to express yourself, we are collecting far too much information,” the Senate Judiciary Committee chairman said. “It is not making us safer.”ADVERTISEMENTLeahy also compared the dangers posed by the National Security Agency’s (NSA) collection of information to abuses conducted by former longtime FBI Director J. Edgar Hoover or the Nixon administration during the Watergate scandal.“Just because we can do it in the United States doesn’t mean we should,” he told the panel. “I don’t think it makes us safer any more than the horrible excesses of Watergate and J. Edgar Hoover and all made us safer. It made us less safe.”
Paul Merrell

OpEdNews - Article: Our Man In Moscow - 0 views

  • Barack Obama virtually screamed his lungs out telling Russian President Vladimir Putin he had to hand him Snowden "under international law." Putin repeatedly said this was not going to happen.  Obama even phoned Putin. Nothing. Washington even forced European poodles to down Bolivian President Evo Morales' plane. Worse. Moscow kept following the letter of Russian law and eventually granted temporary asylum to Snowden.  The Edward Snowden saga has turned the Pentagon's Full Spectrum Dominance doctrine on its Hydra-head. Not only because of the humbling of the whole US security state apparatus, but also for exploding the myth of Full Spectrum Dominance by POTUS.  Obama revealed himself once again as a mediocre politician and an incompetent negotiator. Putin devoured him as a succulent serving of eggs benedict. Glenn Greenwald will be inflicting death by a thousand leaks -- because he is in charge of Snowden's digital treasure chest. And Snowden took a taxi and left the airport -- on his own terms.  Layers and layers of nuances have been captured in this fascinating discussion at Yves Smith's blog -- something impossible to find across Western corporate media. For POTUS, all that's left is to probably boycott a bilateral meeting with Putin next month, on the sidelines of the G20 summit in St Petersburg. Pathetic does not even begin to explain it. 
  • There's got to be a serious glitch with the collective IQ of these people. The Obama administration as well as the Orwellian/Panopticon complex are in shock because they simply cannot stop death by a thousand leaks. The Roving Eye is among those who suspect the NSA has no clue about what Snowden, as a systems administrator, was able to download (especially because someone with his skills can easily delete traces of access). Even the top NSA robot -- General Keith Alexander -- admitted on the record the "no such agency" does not know how Snowden pulled it off. He could have left a bug, or infected the system with a virus. The fun may have not even started. 
  • This Big Brother obsession with watching, tracking, monitoring, controlling, decoding virtually everything we do digitally is leading to monumental stupidities like Google searches attracting armed US government's agents to one's house, as is pricelessly detailed here. And still Paranoia Paradise has not isolated Washington from a major ass-kicking in Afghanistan and Iraq, or has foreseen the 2008 financial crisis; but then again it probably did, and the elites who arbitraged all that massive inside information royally profited from it.  For the moment, what we have is an Orwellian/Panopticon complex that will persist with its unchecked powers; an aphasic populace; a quiet, invisible man in a Moscow multitude; and a POTUS consumed with boundless rage. Watch out. He may be tempted to wag the (war) dog. 
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    Pepe Escobar's take on the Obama Administration and Edward Snowden's leaked documents, and on the forthcoming Balkanization of the Internet. Will Obama be remembered most for destroying the Global Internet? 
Gary Edwards

"War is a Racket" by General Smedly Butler - 1 views

  • by MAJOR GENERAL SMEDLEY D. BUTLER, USMC - Retired TWO-TIME Congressional Medal of Honor Recipient FULL TEXT ON LINE FREE
  • GET THE NEW PAPERBACK EDITION including two bonus titles.
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    An accidental find, the full text online of USMC Maj. Gen. Smedley Butler's 1935 book, War Is a Racket. Butler served in the Marine Corps from 1899 to 1931 and at the time of his retirement was the most-decorated Marine in history, for both valor and accomplishments. Following his retirement, he became a vehement anti-war activist and public speaker.  This book is easily his most-cited and most-quoted published work. You can capture the flavor from an article he published in a magazine that included the following lines: "I spent 33 years and four months in active military service and during that period I spent most of my time as a high class muscle man for Big Business, for Wall Street and the bankers. In short, I was a racketeer, a gangster for capitalism. I helped make Mexico and especially Tampico safe for American oil interests in 1914. I helped make Haiti and Cuba a decent place for the National City Bank boys to collect revenues in. I helped in the raping of half a dozen Central American republics for the benefit of Wall Street. I helped purify Nicaragua for the International Banking House of Brown Brothers in 1902-1912. I brought light to the Dominican Republic for the American sugar interests in 1916. I helped make Honduras right for the American fruit companies in 1903. In China in 1927 I helped see to it that Standard Oil went on its way unmolested. Looking back on it, I might have given Al Capone a few hints. The best he could do was to operate his racket in three districts. I operated on three continents." http://en.wikipedia.org/wiki/Smedley_Butler#Lectures  I look forward to reading this book. The book was reprinted in 2003 and is available from the linked web site, together with two bonus titles. 
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    "WAR IS A RACKET" - free online book CHAPTER ONE WAR is a racket. It always has been. It is possibly the oldest, easily the most profitable, surely the most vicious. It is the only one international in scope. It is the only one in which the profits are reckoned in dollars and the losses in lives. A racket is best described, I believe, as something that is not what it seems to the majority of the people. Only a small "inside" group knows what it is about. It is conducted for the benefit of the very few, at the expense of the very many. Out of war a few people make huge fortunes. In the World War [I] a mere handful garnered the profits of the conflict. At least 21,000 new millionaires and billionaires were made in the United States during the World War. That many admitted their huge blood gains in their income tax returns. How many other war millionaires falsified their tax returns no one knows. How many of these war millionaires shouldered a rifle? How many of them dug a trench? How many of them knew what it meant to go hungry in a rat-infested dug-out? How many of them spent sleepless, frightened nights, ducking shells and shrapnel and machine gun bullets? How many of them parried a bayonet thrust of an enemy? How many of them were wounded or killed in battle? Out of war nations acquire additional territory, if they are victorious. They just take it. This newly acquired territory promptly is exploited by the few - the selfsame few who wrung dollars out of blood in the war. The general public shoulders the bill. And what is this bill? This bill renders a horrible accounting. Newly placed gravestones. Mangled bodies. Shattered minds. Broken hearts and homes. Economic instability. Depression and all its attendant miseries. Back-breaking taxation for generations and generations. For a great many years, as a soldier, I had a suspicion that war was a racket; not until I retired to civil life did I fully realize it. Now that I see the international war clouds g
Paul Merrell

Dr. Joseph Bonneau Wins NSA Award, Criticizes NSA | Electronic Frontier Foundation - 0 views

  • "Like many in the community of cryptographers and security engineers, I’m sad that we haven’t better informed the public about the inherent dangers and questionable utility of mass surveillance. And like many American citizens I’m ashamed we’ve let our politicians sneak the country down this path." -- Bonneau On July 18th, Dr. Joseph Bonneau, a software engineer at Google, received the National Security Agency’s award for the best scientific cybersecurity paper.  According to its stated mission, the competition was created to help broaden the scientific foundations of cybersecurity needed in the development of systems that are resilient to cyber attacks. But Bonneau was deeply conflicted about receiving the award, noting on his blog that even though he was flattered to receive the award he didn’t condone the mass surveillance programs run by the NSA:  “Simply put, I don’t think a free society is compatible with an organisation like the NSA in its current form." Bonneau elaborated on his feelings in a Twitter discussion as well as in an interview with Animal during which he said: "I’d rather have it [the NSA] abolished than persist in its current form. I think there’s a question about whether it’s possible to reform the NSA into something that’s more reasonable."
  • Engineers and researchers like Bonneau have a unique and important role to play in fighting back against NSA oversteps. As Michael Hirsh noted in the Atlantic last month, "The government's massive data collection and surveillance system was largely built not by professional spies or Washington bureaucrats but by Silicon Valley and private defense contractors."  As Hirsh explained, tech companies have contributed enormously to wiring up Big Brother -- companies like Palantir Technologies, Eagle Alliance (of Computer Sciences Corp. and Northrup Grumman) and Booz Allen Hamilton. The only way the government gets to spy on everyone is when people who are intelligent and innovative enough to build scalable surveillance technologies decide to help them.
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    A courageous stand.
Paul Merrell

Leaked memos reveal GCHQ efforts to keep mass surveillance secret | UK news | The Guardian - 0 views

  • The UK intelligence agency GCHQ has repeatedly warned it fears a "damaging public debate" on the scale of its activities because it could lead to legal challenges against its mass-surveillance programmes, classified internal documents reveal.Memos contained in the cache disclosed by the US whistleblower Edward Snowden detail the agency's long fight against making intercept evidence admissible as evidence in criminal trials – a policy supported by all three major political parties, but ultimately defeated by the UK's intelligence community.Foremost among the reasons was a desire to minimise the potential for challenges against the agency's large-scale interception programmes, rather than any intrinsic threat to security, the documents show.
  • The papers also reveal that:• GCHQ lobbied furiously to keep secret the fact that telecoms firms had gone "well beyond" what they were legally required to do to help intelligence agencies' mass interception of communications, both in the UK and overseas.• GCHQ feared a legal challenge under the right to privacy in the Human Rights Act if evidence of its surveillance methods became admissible in court.• GCHQ assisted the Home Office in lining up sympathetic people to help with "press handling", including the Liberal Democrat peer and former intelligence services commissioner Lord Carlile, who this week criticised the Guardian for its coverage of mass surveillance by GCHQ and America's National Security Agency.The most recent attempt to make intelligence gathered from intercepts admissible in court, proposed by the last Labour government, was finally stymied by GCHQ, MI5 and MI6 in 2009.
  • Another top GCHQ priority in resisting the admission of intercepts as evidence was keeping secret the extent of the agency's co-operative relationships with telephone companies – including being granted access to communications networks overseas.In June, the Guardian disclosed the existence of GCHQ's Tempora internet surveillance programme. It uses intercepts on the fibre-optic cables that make up the backbone of the internet to gain access to vast swaths of internet users' personal data. The intercepts are placed in the UK and overseas, with the knowledge of companies owning either the cables or landing stations.The revelations of voluntary co-operation with some telecoms companies appear to contrast markedly with statements made by large telecoms firms in the wake of the first Tempora stories. They stressed that they were simply complying with the law of the countries in which they operated.
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  • In reality, numerous telecoms companies were doing much more than that, as disclosed in a secret document prepared in 2009 by a joint working group of GCHQ, MI5 and MI6.Their report contended that allowing intercepts as evidence could damage relationships with "Communications Service Providers" (CSPs).In an extended excerpt of "the classified version" of a review prepared for the Privy Council, a formal body of advisers made up of current and former cabinet ministers, the document sets out the real nature of the relationship between telecoms firms and the UK government."Under RIPA [the Regulation of Investigatory Powers Act 2000], CSPs in the UK may be required to provide, at public expense, an adequate interception capability on their networks," it states. "In practice all significant providers do provide such a capability. But in many cases their assistance – while in conformity with the law – goes well beyond what it requires."
  • GCHQ's internet surveillance programme is the subject of a challenge in the European court of human rights, mounted by three privacy advocacy groups. The Open Rights Group, English PEN and Big Brother Watch argue the "unchecked surveillance" of Tempora is a challenge to the right to privacy, as set out in the European convention on human rights.That the Tempora programme appears to rely at least in part on voluntary co-operation of telecoms firms could become a major factor in that ongoing case. The revelation could also reignite the long-running debate over allowing intercept evidence in court.GCHQ's submission goes on to set out why its relationships with telecoms companies go further than what can be legally compelled under current law. It says that in the internet era, companies wishing to avoid being legally mandated to assist UK intelligence agencies would often be able to do so "at little cost or risk to their operations" by moving "some or all" of their communications services overseas.
  • As a result, "it has been necessary to enter into agreements with both UK-based and offshore providers for them to afford the UK agencies access, with appropriate legal authorisation, to the communications they carry outside the UK".The submission to ministers does not set out which overseas firms have entered into voluntary relationships with the UK, or even in which countries they operate, though documents detailing the Tempora programme made it clear the UK's interception capabilities relied on taps located both on UK soil and overseas.There is no indication as to whether the governments of the countries in which deals with companies have been struck would be aware of the GCHQ cable taps.
  • Evidence that telecoms firms and GCHQ are engaging in mass interception overseas could stoke an ongoing diplomatic row over surveillance ignited this week after the German chancellor, Angela Merkel, accused the NSA of monitoring her phone calls, and the subsequent revelation that the agency monitored communications of at least 35 other world leaders.On Friday, Merkel and the French president, François Hollande, agreed to spearhead efforts to make the NSA sign a new code of conduct on how it carried out intelligence operations within the European Union, after EU leaders warned that the international fight against terrorism was being jeopardised by the perception that mass US surveillance was out of control.Fear of diplomatic repercussions were one of the prime reasons given for GCHQ's insistence that its relationships with telecoms firms must be kept private .
  • Telecoms companies "feared damage to their brands internationally, if the extent of their co-operation with HMG [Her Majesty's government] became apparent", the GCHQ document warned. It added that if intercepts became admissible as evidence in UK courts "many CSPs asserted that they would withdraw their voluntary support".The report stressed that while companies are going beyond what they are required to do under UK law, they are not being asked to violate it.Shami Chakrabarti, Director of Liberty and Anthony Romero Executive Director of the American Civil Liberties Union issued a joint statement stating:"The Guardian's publication of information from Edward Snowden has uncovered a breach of trust by the US and UK Governments on the grandest scale. The newspaper's principled and selective revelations demonstrate our rulers' contempt for personal rights, freedoms and the rule of law.
  • "Across the globe, these disclosures continue to raise fundamental questions about the lack of effective legal protection against the interception of all our communications."Yet in Britain, that conversation is in danger of being lost beneath self-serving spin and scaremongering, with journalists who dare to question the secret state accused of aiding the enemy."A balance must of course be struck between security and transparency, but that cannot be achieved whilst the intelligence services and their political masters seek to avoid any scrutiny of, or debate about, their actions."The Guardian's decision to expose the extent to which our privacy is being violated should be applauded and not condemned."
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    The Guardian lands another gigantic bomb squarely on target, with massive potential for diplomatic, political, and financial disruption. Well done, Guardian. 
Paul Merrell

The Agency That Could Be Big Brother - New York Times - 0 views

  • December 25, 2005
  • DEEP in a remote, fog-layered hollow near Sugar Grove, W.Va., hidden by fortress-like mountains, sits the country's largest eavesdropping bug. Located in a "radio quiet" zone, the station's large parabolic dishes secretly and silently sweep in millions of private telephone calls and e-mail messages an hour. Run by the ultrasecret National Security Agency, the listening post intercepts all international communications entering the eastern United States. Another N.S.A. listening post, in Yakima,Wash., eavesdrops on the western half of the country. A hundred miles or so north of Sugar Grove, in Washington, the N.S.A. has suddenly taken center stage in a political firestorm. The controversy over whether the president broke the law when he secretly ordered the N.S.A. to bypass a special court and conduct warrantless eavesdropping on American citizens has even provoked some Democrats to call for his impeachment. According to John E. McLaughlin, who as the deputy director of the Central Intelligence Agency in the fall of 2001 was among the first briefed on the program, this eavesdropping was the most secret operation in the entire intelligence network, complete with its own code word - which itself is secret.
  • But the agency is still struggling to adjust to the war on terror, in which its job is not to monitor states, but individuals or small cells hidden all over the world. To accomplish this, the N.S.A. has developed ever more sophisticated technology that mines vast amounts of data. But this technology may be of limited use abroad. And at home, it increases pressure on the agency to bypass civil liberties and skirt formal legal channels of criminal investigation. Originally created to spy on foreign adversaries, the N.S.A. was never supposed to be turned inward. Thirty years ago, Senator Frank Church, the Idaho Democrat who was then chairman of the select committee on intelligence, investigated the agency and came away stunned. "That capability at any time could be turned around on the American people," he said in 1975, "and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn't matter. There would be no place to hide." He added that if a dictator ever took over, the N.S.A. "could enable it to impose total tyranny, and there would be no way to fight back."
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  • Before the Sept. 11 attacks, the N.S.A. normally eavesdropped on a small number of American citizens or resident aliens, often a dozen or less, while the F.B.I., whose low-tech wiretapping was far less intrusive, requested most of the warrants from FISA. Despite the low odds of having a request turned down, President Bush established a secret program in which the N.S.A. would bypass the FISA court and begin eavesdropping without warrant on Americans. This decision seems to have been based on a new concept of monitoring by the agency, a way, according to the administration, to effectively handle all the data and new information. At the time, the buzzword in national security circles was data mining: digging deep into piles of information to come up with some pattern or clue to what might happen next. Rather than monitoring a dozen or so people for months at a time, as had been the practice, the decision was made to begin secretly eavesdropping on hundreds, perhaps thousands, of people for just a few days or a week at a time in order to determine who posed potential threats. Those deemed innocent would quickly be eliminated from the watch list, while those thought suspicious would be submitted to the FISA court for a warrant. In essence, N.S.A. seemed to be on a classic fishing expedition, precisely the type of abuse the FISA court was put in place to stop.At a news conference, President Bush himself seemed to acknowledge this new tactic. "FISA is for long-term monitoring," he said. "There's a difference between detecting so we can prevent, and monitoring.
  • In 2002, it was revealed that the Pentagon had launched Total Information Awareness, a data mining program led by John Poindexter, a retired rear admiral who had served as national security adviser under Ronald Reagan and helped devise the plan to sell arms to Iran and illegally divert the proceeds to rebels in Nicaragua. Total Information Awareness, known as T.I.A., was intended to search through vast data bases, promising to "increase the information coverage by an order-of-magnitude." According to a 2002 article in The New York Times, the program "would permit intelligence analysts and law enforcement officials to mount a vast dragnet through electronic transaction data ranging from credit card information to veterinary records, in the United States and internationally, to hunt for terrorists." After press reports, the Pentagon shut it down, and Mr. Poindexter eventually left the government. But according to a 2004 General Accounting Office report, the Bush administration and the Pentagon continued to rely heavily on data-mining techniques. "Our survey of 128 federal departments and agencies on their use of data mining," the report said, "shows that 52 agencies are using or are planning to use data mining. These departments and agencies reported 199 data-mining efforts, of which 68 are planned and 131 are operational." Of these uses, the report continued, "the Department of Defense reported the largest number of efforts."
  • "I don't want to see this country ever go across the bridge," Senator Church said. "I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return." James Bamford is the author of "Puzzle Palace" and"Body of Secrets: Anatomy of the Ultra-Secret National Security Agency."
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    James Bamford's 2005 article in The New York Times that raised public awareness of what the Bush-II administration had done by bypass the FISA Court. 
Paul Merrell

CISPA is back! - 0 views

  • OPERATION: Fax Big Brother Congress is rushing toward a vote on CISA, the worst spying bill yet. CISA would grant sweeping legal immunity to giant companies like Facebook and Google, allowing them to do almost anything they want with your data. In exchange, they'll share even more of your personal information with the government, all in the name of "cybersecurity." CISA won't stop hackers — Congress is stuck in 1984 and doesn't understand modern technology. So this week we're sending them thousands of faxes — technology that is hopefully old enough for them to understand. Stop CISA. Send a fax now!
  • (Any tweet w/ #faxbigbrother will get faxed too!) Your email is only shown in your fax to Congress. We won't add you to any mailing lists.
  • CISA: the dirty deal between government and corporate giants. It's the dirty deal that lets much of government from the NSA to local police get your private data from your favorite websites and lets them use it without due process. The government is proposing a massive bribe—they will give corporations immunity for breaking virtually any law if they do so while providing the NSA, DHS, DEA, and local police surveillance access to everyone's data in exchange for getting away with crimes, like fraud, money laundering, or illegal wiretapping. Specifically it incentivizes companies to automatically and simultaneously transfer your data to the DHS, NSA, FBI, and local police with all of your personally-indentifying information by giving companies legal immunity (notwithstanding any law), and on top of that, you can't use the Freedom of Information Act to find out what has been shared.
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  • The NSA and members of Congress want to pass a "cybersecurity" bill so badly, they’re using the recent hack of the Office of Personnel Management as justification for bringing CISA back up and rushing it through. In reality, the OPM hack just shows that the government has not been a good steward of sensitive data and they need to institute real security measures to fix their problems. The truth is that CISA could not have prevented the OPM hack, and no Senator could explain how it could have. Congress and the NSA are using irrational hysteria to turn the Internet into a place where the government has overly broad, unchecked powers. Why Faxes? Since 2012, online and civil liberties groups and 30,000+ sites have driven more than 2.6 million emails and hundreds of thousands of calls, tweets and more to Congress opposing overly broad cybersecurity legislation. Congress has tried to pass CISA in one form or another 4 times, and they were beat back every time by people like you. It's clear Congress is completely out of touch with modern technology, so this week, as Congress rushes toward a vote on CISA, we are going to send them thousands of faxes, a technology from the 1980s that is hopefully antiquated enough for them to understand. Sending a fax is super easy — you can use this page to send a fax. Any tweet with the hashtag #faxbigbrother will get turned into a fax to Congress too, so what are you waiting for? Click here to send a fax now!
Paul Merrell

The $9 Billion Witness: Meet JPMorgan Chase's Worst Nightmare | Rolling Stone - 0 views

  • Meet the woman JPMorgan Chase paid one of the largest fines in American history to keep from talking By Matt Taibbi | November 6, 2014
  • tried to stay quiet, she really did. But after eight years of keeping a heavy secret, the day came when Alayne Fleischmann couldn't take it anymore.  "It was like watching an old lady get mugged on the street," she says. "I thought, 'I can't sit by any longer.'"  Fleischmann is a tall, thin, quick-witted securities lawyer in her late thirties, with long blond hair, pale-blue eyes and an infectious sense of humor that has survived some very tough times. She's had to struggle to find work despite some striking skills and qualifications, a common symptom of a not-so-common condition called being a whistle-blower.
  • Fleischmann is the central witness in one of the biggest cases of white-collar crime in American history, possessing secrets that JPMorgan Chase CEO Jamie Dimon late last year paid $9 billion (not $13 billion as regularly reported – more on that later) to keep the public from hearing. Back in 2006, as a deal manager at the gigantic bank, Fleischmann first witnessed, then tried to stop, what she describes as "massive criminal securities fraud" in the bank's mortgage operations. Thanks to a confidentiality agreement, she's kept her mouth shut since then. "My closest family and friends don't know what I've been living with," she says. "Even my brother will only find out for the first time when he sees this interview." 
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  • This past year she watched as Holder's Justice Department struck a series of historic settlement deals with Chase, Citigroup and Bank of America. The root bargain in these deals was cash for secrecy. The banks paid big fines, without trials or even judges – only secret negotiations that typically ended with the public shown nothing but vague, quasi-official papers called "statements of facts," which were conveniently devoid of anything like actual facts. 
  • Six years after the crisis that cratered the global economy, it's not exactly news that the country's biggest banks stole on a grand scale. That's why the more important part of Fleischmann's story is in the pains Chase and the Justice Department took to silence her. She was blocked at every turn: by asleep-on-the-job regulators like the Securities and Exchange Commission, by a court system that allowed Chase to use its billions to bury her evidence, and, finally, by officials like outgoing Attorney General Eric Holder, the chief architect of the crazily elaborate government policy of surrender, secrecy and cover-up. "Every time I had a chance to talk, something always got in the way," Fleischmann says.
  • And now, with Holder about to leave office and his Justice Department reportedly wrapping up its final settlements, the state is effectively putting the finishing touches on what will amount to a sweeping, industrywide effort to bury the facts of a whole generation of Wall Street corruption. "I could be sued into bankruptcy," she says. "I could lose my license to practice law. I could lose everything. But if we don't start speaking up, then this really is all we're going to get: the biggest financial cover-up in history." 
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    Matt Taibbi is back at Rolling Stone, relaunching with a major blockbuster.
Paul Merrell

Top US and Saudi Officials responsible for Chemical Weapons in Syria | nsnbc international - 0 views

  • On 21 August 2013, the Syrian Arab Army launched a major military campaign in Damascus. The campaign, called “Operation Shield of the Capital”, was the largest military operation of the Syrian Arab Army in the Damascus region since the beginning of the war in 2011.
  • Although U.S. Intelligence reports repeatedly stressed that the opposition was incapable of launching a major, well coordinated attack, the Syrian Army in Damascus was confronted with an organized fighting force of 25.000 men under arms. The Saudi Arabia backed Jihadist front had amassed 25.000 fighters, organized in 13 battalions or kitab, to to launch a major assault against the capital Damascus. Most of the battalions belonged to Jabhat al-Nusrah and Liwa-al-Islam. The other battalions that took part in the campaign, were the Abou Zhar al-Ghaffari, al-Ansar, al-Mohajereen, Daraa al-Sham, Harun al-Rashid, Issa bin Mariam, Sultan Mohammad al-Fatih, Syouf al-Haqq, the Glory of the Caliphate, the Jobar Martyrs. During the night of 20 to 21 August and during the early morning hours of 21 August, the Syrian Arab Army broke through the insurgent lines in the area near the Jobar entrance. The breakthrough resulted in a collapse of the jihadists defensive positions and to a crushing and decisive strategic defeat of the Jabhat al-Nusrah led brigades.
  • Loosing Jobar effectively cut off the insurgents connection to the Jordanian border town of Al-Mafraq, the most important logistical base for the insurgents as well as for Saudi Arabia and the United States in Jordan. Al-Mafraq was already used as a major staging ground for the two failed attempts to conquer the city of Homs in June and July 2012. In 2012 al-Mafraq became the staging ground for some 40.000 fighters; more than 20.000 of them fought under the Libyan Islamic Fighting Group, which was under the command of Abdelhakim Belhadj and his second in command, Mahdi al-Harati. The CIA maintains a station, US Special Forces (JSOC) train insurgents, and several other US institutions are present in al-Mafraq. The point is of particular importance with regards to the visit of the U.S. Chairman of the Joint Chiefs of Staff to Jordan, which will be detailed below. Al-Mafraq has been the major transit point for Saudi and U.S. arms shipments since 2012, and the delivery of advanced Saudi and U.S. weapons to the insurgents since early August 2013.
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  • The collapse of the insurgent front prompted the front commanders, most of which work in liaison to U.S. Special Forces, to deploy an elite force that should prevent the Syrian Army, at all costs, from gaining access to the Jobar Entrance, and from gaining control over the Jobar area. The majority of the insurgent crack forces came from Liwa-al-Islam with some additional troops from Jabhat al-Nusrah. The commanding officer of the elite forces was a Saudi national who is known by the name Abu Ayesha, whom eyewitnesses from Ghouta later identified as Abu Abdul-Moneim. Abdul-Moneim had established a cache of weapons, some of which had a tube-like structure, and others which looked like big gas bottles. The cache was located in a tunnel in the Eastern Ghouta district of Damascus. Reports about this tunnel and the weapons cache emerged in international media, after the son of Abdul-Moneim and 12 other fighters lost their lives there, because they mishandled improvised chemical weapons and caused a leak in one of them. Besides Abu Abdul-Moneim, the supreme leader of the Liwa-al-Islam and commander of their chemical weapons specialists, Zahran Alloush took personal charge of the elite troops and chemical weapons specialists who were operating under his direct command. Liwa-al-Islam has, along with other al-Qaeda brigades, the capability to manufacture and launch primitive, but none the less very deadly chemical weapons. The chemical weapons which Zahran Alloush had delivered to Damascus were most likely from al-Qaeda’s (ISIL) chemical weapons stockpiles in Iraq.
  • In early September 2013, Iran’s Foreign Minister Mohammad Javad Zarif stated, that Iran had sent a memo to the White House via the Swiss Embassy in Tehran. Tehran had reportedly informed the USA that handmade articles for chemical weapons, including Sarin gas, were being transferred to Syria. The White House failed to respond. Having to hold the Jobar Entrance and the Jobar district of Damascus “at any cost to maintain any hopes of launching a successful, major military assault on Damascus”, the insurgent commanders decided to launch a chemical weapons attack to halt the advance of the Syrian Arab Army. The political and military opposition and core members of the international alliance behind them had already decided that chemical weapons should be used in August – September. The large scale use of chemical weapons should justify renewed calls for a military intervention. Intelligence about this decision transpired in June.  nsnbc international issued several reports in late June and early July, warning that the insurgents would use large scale chemical weapons attacks in August or September.
  • The decision to launch the chemical weapon on 21 August was most likely based on two considerations. That the use of chemical weapons was already planned. That the Jobar Entrance should be defended at all costs. The final decision, made by Zahran Alloush may in fact have been predetermined together with his U.S. – Saudi liaison officers. Launching a chemical weapons attack would allow the USA, UK and France, to call for military strikes against Syria and to turn the tide. Also, Russian and Syrian intelligence sources described the weapons which were used in the attack as rockets which were altered so as to carry chemicals, launched by Liwa-al-Islam. The projectiles were most likely fired from a flatbed.
  • There is a growing and substantial amount of evidence that indicates direct U.S. and Saudi involvement in the chemical weapons attack. To begin with one merely has to answer the fundamental question “Who Benefits”, and the answer is definitely not “the Syrian government”. In fact, the  Federal German Intelligence Service (BND) claims that it has intercepted phone calls between Syrian officers and the Syrian High Command. The BND is convinced that none of the Syrian forces have used a chemical weapon. Leaving alone any moral considerations, the domestic and international repercussions were foreseeable and there would not have been any strategic benefit for the Syrian Army or the government.
  • Also, the involvement of Saudi Arabia ultimately points towards Washington and the White House. The involvement of Liwa-al-Islam in the chemical weapons attack establishes a strong chain of circumstantial evidence to the Saudi Intelligence Chief Prince Bandar bin Sultan. The supreme leader of Liwa-al-Islam and commander of the groups’ chemical weapons specialists, Zahran Alloush, has been working for the then Saudi Intelligence Chief Prince Turki al-Faisal in both Afghanistan and Yemen in the 1980s. Since the 1990s, Alloush was involved in the Salafist – Wahabbist terrorist networks in Syria which led to his arrest by Syrian intelligence. He was released in early of 2011, when the Assad administration granted a general amnesty. Immediately after his March 2011 release from prison, Zahran Alloush began receiving substantial funds and weapons from Saudi intelligence, which enabled him to establish Liwa-al-Islam as a de facto Saudi Arabia sponsored mercenary brigade under the auspices of the Saudi Interior Ministry.
  • Saudi funding enabled Alloush to establish the Liwa-al-Islam as a major fighting force in Syria. The group gained fame due to risky, high-profile attacks. On 8 July 2012, the group carried out a bomb attack against the headquarters of Syria’s National Security Council in Rawda Square, Damascus. The group succeeded in assassinating several high profile members of Syria’s security establishment, including the Deputy Minister of Defense and brother-in-law of President Bashar al-Assad, Assaf Shawkat, Defense Minister Dawoud Rajiha, Hassan Turkmani, a former Defense Minister and military adviser to then Vice-President Farouk al-Sharaa.
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    One I had missed before. Whodunnit on the Ghouta, Syria sarin gas attack, right down to the unit commander, a Saudi intelligence asset working with a U.S. Special Forces unit, both controlled by the U.S.-led command and control center in Jordan.   
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
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