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Paul Merrell

Peekaboo, I See You: Government Authority Intended for Terrorism is Used for Other Purp... - 0 views

  • The Patriot Act continues to wreak its havoc on civil liberties. Section 213 was included in the Patriot Act over the protests of privacy advocates and granted law enforcement the power to conduct a search while delaying notice to the suspect of the search. Known as a “sneak and peek” warrant, law enforcement was adamant Section 213 was needed to protect against terrorism. But the latest government report detailing the numbers of “sneak and peek” warrants reveals that out of a total of over 11,000 sneak and peek requests, only 51 were used for terrorism. Yet again, terrorism concerns appear to be trampling our civil liberties. Throughout the Patriot Act debate the Department of Justice urged Congress to pass Section 213 because it needed the sneak and peak power to help investigate and prosecute terrorism crimes “without tipping off terrorists.” In 2005, FBI Director Robert Mueller continued the same exact talking point, emphasizing sneak and peek warrants were “an invaluable tool in the war on terror and our efforts to combat serious criminal conduct.”
  • What do the reports reveal? Two things: 1) there has been an enormous increase in the use of sneak and peek warrants and 2) they are rarely used for terrorism cases. First, the numbers: Law enforcement made 47 sneak-and-peek searches nationwide from September 2001 to April 2003. The 2010 report reveals 3,970 total requests were processed. Within three years that number jumped to 11,129. That's an increase of over 7,000 requests. Exactly what privacy advocates argued in 2001 is happening: sneak and peak warrants are not just being used in exceptional circumstances—which was their original intent—but as an everyday investigative tool.
  • Second, the uses: Out of the 3,970 total requests from October 1, 2009 to September 30, 2010, 3,034 were for narcotics cases and only 37 for terrorism cases (about .9%). Since then, the numbers get worse. The 2011 report reveals a total of 6,775 requests. 5,093 were used for drugs, while only 31 (or .5%) were used for terrorism cases. The 2012 report follows a similar pattern: Only .6%, or 58 requests, dealt with terrorism cases. The 2013 report confirms the incredibly low numbers. Out of 11,129 reports only 51, or .5%, of requests were used for terrorism. The majority of requests were overwhelmingly for narcotics cases, which tapped out at 9,401 requests.
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  • Section 213 may be less known than Section 215 of the Patriot Act (the clause the government is currently using to collect your phone records), but it's just as important. The Supreme Court ruled in Wilson v. Arkansas and Richards v. Wisconsin that the Fourth Amendment requires police to generally “knock and announce” their entry into property as a means of notifying a homeowner of a search. The idea was to give the owner an opportunity to assert their Fourth Amendment rights. The court also explained that the rule could give way in situations where evidence was under threat of destruction or there were concerns for officer s
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radi... - 0 views

  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Paul Merrell

George Bush: The Unauthorized Biography « TARPLEY.net - 0 views

  • By Webster Griffin Tarpley and Anton Chaitkin Table of Contents Introduction — American Caligula Chapter 1 – The House of Bush: Born in a Bank Chapter 2 – The Hitler Project Chapter 3 – Race Hygiene: Three Bush Family Alliances Chapter 4 – The Center of Power is in Washington Chapter 5 – Poppy and Mommy Chapter 6 – Bush in World War II Chapter 7 – Skull and Bones: The Racist Nightmare at Yale Chapter 8 – The Permian Basin Gang Chapter 8b – The Bay of Pigs and The Kennedy Assassination Chapter 9 – Bush Challenges Yarborough for The Senate Chapter 10 – Rubbers Goes to Congress Chapter 11 – United Nations Ambassador, Kissinger Clone Chapter 12 – Chairman George in Watergate Chapter 13 – Bush Attempts The Vice Presidency, 1974 Chapter 14 – Bush in Beijing Chapter 15 – CIA Director Chapter 16 – Campaign 1980 Chapter 17 – The Attempted Coup D’Etat of March 30, 1981 Chapter 18 – Iran-Contra Chapter 19 – The Leveraged Buyout Mob Chapter 20 – The Phony War On Drugs Chapter 21 – Omaha Chapter 22 – Bush Takes The Presidency Chapter 23 – The End of History Chapter 24 – The New World Order Chapter 25 – Thyroid Storm
  • Chapter 1 – The House of Bush: Born in a Bank Chapter 2 – The Hitler Project Chapter 3 – Race Hygiene: Three Bush Family Alliances Chapter 4 – The Center of Power is in Washington Chapter 5 – Poppy and Mommy Chapter 6 – Bush in World War II Chapter 7 – Skull and Bones: The Racist Nightmare at Yale Chapter 8 – The Permian Basin Gang Chapter 8b – The Bay of Pigs and The Kennedy Assassination Chapter 9 – Bush Challenges Yarborough for The Senate Chapter 10 – Rubbers Goes to Congress Chapter 11 – United Nations Ambassador, Kissinger Clone Chapter 12 – Chairman George in Watergate Chapter 13 – Bush Attempts The Vice Presidency, 1974 Chapter 14 – Bush in Beijing Chapter 15 – CIA Director Chapter 16 – Campaign 1980 Chapter 17 – The Attempted Coup D’Etat of March 30, 1981 Chapter 18 – Iran-Contra Chapter 19 – The Leveraged Buyout Mob Chapter 20 – The Phony War On Drugs Chapter 21 – Omaha Chapter 22 – Bush Takes The Presidency Chapter 23 – The End of History Chapter 24 – The New World Order Chapter 25 – Thyroid Storm
Paul Merrell

Asia Times Online :: Our man in Quito - 0 views

  • HONG KONG - So it's going to be Our Man in Quito. The narrative may not be as elegant as Graham Greene's, but the plot certainly beats the Bourne trilogy - because it's happening live, in real time, right in front of our eyes. It takes a former CIA asset to beat US "intelligence" - more like intel deprivation. The story of Edward Snowden's escape from Hong Kong is textbook. This correspondent, at dim sum on Sunday, was alerted by a source; "Get ready for something big; he's leaving soon." That was about 12:30 pm Hong Kong time. In fact Snowden had already flown from Chek Lap Kok on SU 213 <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> bound for Moscow at 11:00 am. But nobody knew it yet. Hong Kong was still digesting the front page of the South China Morning Post displaying yet more devastating evidence of US cyber-spying of China.
  • Asia Times Online had also learned from another source close to Snowden's tight circle that a short stint in Hong Kong was always part of Plan A; he never intended to ask for political asylum in either Hong Kong or China. He was already focused on a "third country". What he did was to use Hong Kong as an ideal platform to unveil the inner workings of the Orwellian/Panopticon US surveillance state. First a set of general revelations to The Guardian. Then he went underground to prepare his escape - as he knew Washington would come after him with all guns (drones?) blazing. And then, a final set of revelations to the South China Morning Post closely focused on Asia and China. When Washington woke up to it, he was already out of the building. Jason Bourne, eat your heart out. Snowden was not "allowed to slip away". It all revolved around a meticulously timed operation involving Snowden, the Hong Kong government and WikiLeaks mediation.
  • So the US government thought it could simply intimate to Hong Kong to do it "our way or the highway" - while at the same time news of US serial hacking of Hong Kong and China was front-page news. Once again, five hours into Snowden's flight to Moscow, US corporate media was still parroting the official narrative - stressed by Obama's National Security Adviser Tom Donilon - that the noose was tightening around his neck. Whether Beijing had a subtly indirect input on the Hong Kong government's decision is open to a South China Sea of speculation. The fact is, not only was this a perfect solution for Hong Kong - which would be facing relentless pressure from the US government to extradite him - but also for Beijing, which maintains its upper-hand, furiously demanding a lot of explanations about the NSA targeting Chinese phone companies, the Asia-Pacific fiber-optic network and even Beijing's Tsinghua University.
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  • The predictable fury across Capitol Hill, with plenty of "hostile nations" rhetoric coupled with the inevitable demonizing of Russian President Vladimir Putin, not to mention NSA spy chief General Keith Alexander, among the usual platitudes about "defending this nation from a terrorist attack", depicting Snowden as an " individual who is not acting, in my opinion, with noble intent" - this all reads like lazily written lines in a cheap spy thriller. For the Empire, getting a bloody eye is not taken lightly. Washington is left with wishful thinking that Moscow might detain Snowden. Rubbish. Foreign Minister Sergey Lavrov had even advanced that Russia would consider granting political asylum if Snowden asked for it. And what about this priceless quote from Dmitry Peskov, Putin's spokesman? "I know nothing." Xinhua, for its part, predictably had a field day with it; "Washington should come clean about its record first. The United States, which has long been trying to play innocent as a victim of cyber attacks, has turned out to be the biggest villain in our age."
  • Among all the excitement provoked by this thriller, one should not lose focus; the most crucial aspect of the story is Obama and spy supremo Keith Alexander swearing that the Orwellian privatized intelligence-corporate-industrial complex is essential to prevent terrorism. It is not. This is a monumental lie - and Obama is complicit. Former ambassador Joe Wilson and his wife Valerie Plame Wilson - outed by Dick Cheney's gang - certainly don't lose their focus in this timely piece. Now to Quito. Danger still looms. But once he's there, it's game, set, match - as I said in this interview. And then HBO should start casting the movie, fast. With Ryan Gosling in the lead. Snowden, of course, should write the screenplay.
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    Pepe Escobar foresees a movie about what Edward Snowden has done to rival the Jason Bourne thrillers. And provides the international political context behind Snowden's escape from pursuing Feds out to punish him for blowing the whistle on their creation of an Orwellian surveillance state. The entire article is recommended reading; Pepe has an unusual talent for coming up with the information other reporters miss and telling the story in a fascinating way.    
Paul Merrell

Iraqi Widows' Numbers Have Grown, but Aid Lags - The New York Times - 0 views

  • The problem is that widows do not make appealing brides, say the women themselves and nongovernmental organizations that assist them.“Maybe a young woman with only one or two kids can marry again,” Ms. Khalaf said with a sigh; she has six children. Advertisement Continue reading the main story Widows are not a new social problem in Iraq, of course. The war with Iran in the 1980s left tens of thousands of women widowed. Each new calamity that followed created more: the 1991 war with the United States, the failed Shiite uprising that followed, the repressions against Kurds.
  • And the numbers of widows in Iraq, or as American aid programs prefer to call them, “female heads of households,” increased substantially after the invasion in 2003 and in the years of violence that followed.The Iraqi Ministry of Planning estimates that about 9 percent of the country’s women, or about 900,000, are widows. A separate government agency, the Ministry of Women, issued a statement in June putting the figure at one million.Other groups also have estimated the number of women widowed during the nearly nine-year war, which is drawing to an official close with the last American soldiers scheduled to leave in December.
  • A United Nations report estimated that at the peak of the sectarian violence in 2006, nearly 100 women were widowed each day. The Ministry of Social Affairs pays widow’s benefits to 86,000 women, most of whom, it says, lost their husbands in the latest war.This figure corresponds with conservative estimates of 103,000 to 113,000 Iraqi deaths in the war, according to a nonprofit group that tallies casualties, Iraq Body Count. The count includes the estimated 10,000 Iraqi soldiers who died in the initial American-led invasion and 10,125 police officers and soldiers who died afterward in fighting with insurgents, along with those killed in sectarian violence.
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  • Confronted with so many widows, the Iraqi government is providing only minimal assistance, equivalent to about $80 a month to those widowed in the recent conflict. Advertisement Continue reading the main story “We expected we would get a lot of help from all sides, the Americans, the Iraqi government,” Ms. Khalaf, who lost her husband in 2007, said in an interview in her trailer. “But the fact is, nobody really cares about us.”The rusting trailer camp, across from a car lot, represents a social challenge that is not easily remedied — not least because the gender imbalance makes it exceedingly unlikely most widows will remarry.
  • Some American-financed projects have sought to help widows become self-sufficient economically, with some success, according to program reports. A United States Agency for International Development program offers small grants to female heads of households, for example. They can use the money to open small businesses like beauty salons or catering services. Program administrators say many recipients not only have improved their lives materially, but have overcome depression.
  • At times, war widows became symbols for opponents of the American military presence in Iraq. When an Iraqi journalist threw his shoes at President George W. Bush in 2008, he shouted that he was doing so on behalf of the war’s widows and orphans. Politicians have recruited widows to appear at political rallies. But a half a dozen widows interviewed at the trailer camp said, most of all, they would like to remarry, however unlikely.
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    From November 24, 2011.
Paul Merrell

U.S. surveillance architecture includes collection of revealing Internet, phone metadat... - 0 views

  • On March 12, 2004, acting attorney general James B. Comey and the Justice Department’s top leadership reached the brink of resignation over electronic surveillance orders that they believed to be illegal. President George W. Bush backed down, halting secret foreign-intelligence-gathering operations that had crossed into domestic terrain. That morning marked the beginning of the end of STELLARWIND, the cover name for a set of four surveillance programs that brought Americans and American territory within the domain of the National Security Agency for the first time in decades. It was also a prelude to new legal structures that allowed Bush and then President Obama to reproduce each of those programs and expand their reach.What exactly STELLARWIND did has never been disclosed in an unclassified form. Which parts of it did Comey approve? Which did he shut down? What became of the programs when the crisis passed and Comey, now Obama’s expected nominee for FBI director, returned to private life?Authoritative new answers to those questions, drawing upon a classified NSA history of STELLARWIND and interviews with high-ranking intelligence officials, offer the clearest map yet of the Bush-era programs and the NSA’s contemporary U.S. operations.STELLARWIND was succeeded by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications, according to the interviews and documents.
  • Two of the four collection programs, one each for telephony and the Internet, process trillions of “metadata” records for storage and analysis in systems called MAINWAY and MARINA, respectively. Metadata includes highly revealing information about the times, places, devices and participants in electronic communication, but not its contents. The bulk collection of telephone call records from Verizon Business Services, disclosed this month by the British newspaper the Guardian, is one source of raw intelligence for MAINWAY.The other two types of collection, which operate on a much smaller scale, are aimed at content. One of them intercepts telephone calls and routes the spoken words to a system called ­NUCLEON.For Internet content, the most important source collection is the PRISM project reported on June 6 by The Washington Post and the Guardian. It draws from data held by Google, Yahoo, Microsoft and other Silicon Valley giants, collectively the richest depositories of personal information in history.
  • The debate has focused on two of the four U.S.-based collection programs: PRISM, for Internet content, and the comprehensive collection of telephone call records, foreign and domestic, that the Guardian revealed by posting a classified order from the Foreign Intelligence Surveillance Court to Verizon Business Services.The Post has learned that similar orders have been renewed every three months for other large U.S. phone companies, including Bell South and AT&T, since May 24, 2006. On that day, the surveillance court made a fundamental shift in its approach to Section 215 of the Patriot Act, which permits the FBI to compel production of “business records” that are relevant to a particular terrorism investigation and to share those in some circumstances with the NSA. Henceforth, the court ruled, it would define the relevant business records as the entirety of a telephone company’s call database.The Bush administration, by then, had been taking “bulk metadata” from the phone companies under voluntary agreements for more than four years. The volume of information overwhelmed the MAINWAY database, according to a classified report from the NSA inspector general in 2009. The agency spent $146 million in supplemental counterterrorism funds to buy new hardware and contract support — and to make unspecified payments to the phone companies for “collaborative partnerships.”When the New York Times revealed the warrantless surveillance of voice calls, in December 2005, the telephone companies got nervous. One of them, unnamed in the report, approached the NSA with a request. Rather than volunteer the data, at a price, the “provider preferred to be compelled to do so by a court order,” the report said. Other companies followed suit. The surveillance court order that recast the meaning of business records “essentially gave NSA the same authority to collect bulk telephony metadata from business records that it had” under Bush’s asserted authority alone.
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  • Telephone metadata was not the issue that sparked a rebellion at the Justice Department, first by Jack Goldsmith of the Office of Legal Counsel and then by Comey, who was acting attorney general because John D. Ashcroft was in intensive care with acute gallstone pancreatitis. It was Internet metadata.At Bush’s direction, in orders prepared by David Addington, the counsel to Vice President Richard B. Cheney, the NSA had been siphoning e-mail metadata and technical records of Skype calls from data links owned by AT&T, Sprint and MCI, which later merged with Verizon.For reasons unspecified in the report, Goldsmith and Comey became convinced that Bush had no lawful authority to do that.MARINA and the collection tools that feed it are probably the least known of the NSA’s domestic operations, even among experts who follow the subject closely. Yet they probably capture information about more American citizens than any other, because the volume of e-mail, chats and other Internet communications far exceeds the volume of standard telephone calls.The NSA calls Internet metadata “digital network information.” Sophisticated analysis of those records can reveal unknown associates of known terrorism suspects. Depending on the methods applied, it can also expose medical conditions, political or religious affiliations, confidential business negotiations and extramarital affairs.What permits the former and prevents the latter is a complex set of policies that the public is not permitted to see.
  • In the urgent aftermath of Sept. 11, 2001, with more attacks thought to be imminent, analysts wanted to use “contact chaining” techniques to build what the NSA describes as network graphs of people who represented potential threats.The legal challenge for the NSA was that its practice of collecting high volumes of data from digital links did not seem to meet even the relatively low requirements of Bush’s authorization, which allowed collection of Internet metadata “for communications with at least one communicant outside the United States or for which no communicant was known to be a citizen of the United States,” the NSA inspector general’s report said.Lawyers for the agency came up with an interpretation that said the NSA did not “acquire” the communications, a term with formal meaning in surveillance law, until analysts ran searches against it. The NSA could “obtain” metadata in bulk, they argued, without meeting the required standards for acquisition.Goldsmith and Comey did not buy that argument, and a high-ranking U.S. intelligence official said the NSA does not rely on it today.As soon as surveillance data “touches us, we’ve got it, whatever verbs you choose to use,” the official said in an interview. “We’re not saying there’s a magic formula that lets us have it without having it.”
  • When Comey finally ordered a stop to the program, Bush signed an order renewing it anyway. Comey, Goldsmith, FBI Director Robert S. Mueller III and most of the senior Bush appointees in the Justice Department began drafting letters of resignation.Then-NSA Director Michael V. Hayden was not among them. According to the inspector general’s classified report, Cheney’s lawyer, Addington, placed a phone call and “General Hayden had to decide whether NSA would execute the Authorization without the Attorney General’s signature.” He decided to go along.The following morning, when Mueller told Bush that he and Comey intended to resign, the president reversed himself.Three months later, on July 15, the secret surveillance court allowed the NSA to resume bulk collection under the court’s own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as “pen register, trap and trace,” that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line.
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    Note particularly the mention that the FISA Court decision to throw the doors open for government snooping was based on "pen register, trap and trace" law. As suspected, now we are into territory dealt with by the Supreme Court in the pre-internet days of 1979 In Smith v. Maryland, 442 U.S. 735 (1979), More about that next, in a bookmark also tagged with "pen-register".
Paul Merrell

Guantánamo Inmate's Case Reignites Fight Over Detentions - NYTimes.com - 0 views

  • The seemingly unending struggle over Guantánamo Bay — the prison President Obama vowed to close shortly after he was sworn in — is again reverberating over an “anguishing” case of force-feeding a Syrian detainee.The case involves Jihad Ahmed Mujstafa Diyab, a Syrian who has been held for 12 years without a trial, and who has gone on prolonged hunger strikes. Late Thursday, a Federal District Court judge lifted an order barring his force-feeding, even as she rebuked the military for using procedures that she said caused “agony.”
  • Mr. Diyab was recommended for transfer more than four years ago, but officials fear repatriating him because of the chaos in Syria and the apparent death sentence.In February, the president of Uruguay offered to allow him to be released there, but Defense Secretary Chuck Hagel, who has the final say under restrictions imposed by Congress, has not signed off on the transfer.
  • Mr. Diyab’s defense team recently learned that some videotapes of forcible cell extractions and force-feeding of Mr. Diyab and other detainees exist, and on Wednesday, Judge Kessler ordered the military to turn 34 such tapes over to his lawyers.
Paul Merrell

Despite Sanctions, Cash Keeps Flowing at Playground for Russia's Rich - NYTimes.com - 0 views

  • Russian money is so important that even as European leaders are taking a tougher line with Mr. Putin, none want to damage the broader economic ties with measures that go beyond targeted sanctions.Continue reading the main story Unlike the days when Russians were cloistered behind the Iron Curtain, today they are so ensconced in Europe that more punitive steps would be likely to inflict the greater damage on still-weak European economies.That is so especially, but not only, in Italy. Like Germany, Italy is a major consumer of Russian natural gas, but ties go far beyond energy. Once a favorite summer spot of Italian industrialists, Forte dei Marmi has survived the economic downturn since 2008 largely because of Russian money.Russian tourism has grown rapidly in Italy, increasing by 25 percent in 2013 alone. According to Italy’s Foreign Ministry, 747,000 Russians visited Italy in 2013, while 52,000 Italians visited Russia. Russians are also roughly tied with Japanese as the biggest spenders among tourists, averaging €150 to €175 a day, roughly $195 to $225, according to Italy’s Foreign Ministry.
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