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Paul Merrell

A Zombie Bill Comes Back to Life: A Look at The Senate's Cybersecurity Information Shar... - 0 views

  • The Senate Intelligence Committee recently introduced the Cybersecurity Information Sharing Act of 2014. It’s the fourth time in four years that Congress has tried to pass "cybersecurity" legislation. Unfortunately, the newest Senate bill is one of the worst yet. Cybersecurity bills aim to facilitate information sharing between companies and the government, but they always seem to come with broad immunity clauses for companies, vague definitions, and aggressive spying powers. Given such calculated violence to users' privacy rights, it’s no surprise that these bills fail every year. What is a surprise is that the bills keep coming back from the dead. Last year, President Obama signed Executive Order 13636 (EO 13636) directing the Department of Homeland Security (DHS) to expand current information sharing programs that are far more privacy protective than anything seen in recent cybersecurity bills. Despite this, members of Congress like Rep. Mike Rogers and Senator Dianne Feinstein keep on introducing bills that would destroy these privacy protections and grant new spying powers to companies.
  • Aside from its redundancy, the Senate's bill grants two new authorities to companies. First, the bill authorizes companies to launch countermeasures for a "cybersecurity purpose" against a "cybersecurity threat." "Cybersecurity purpose" is so broadly defined that it means almost anything related to protecting (including physically protecting) an information system, which can be a computer or software. The same goes for a "cybersecurity threat," which includes anything that "may result" in an unauthorized effort to impact the availability of the information system. Combined, the two definitions could be read by companies to permit attacks on machines that unwittingly contribute to network congestion. The countermeasures clause will increasingly militarize the Internet—a prospect that may appeal to some "active defense" (aka offensive) cybersecurity companies, but does not favor the everyday user. Second, the bill adds a new authority for companies to monitor information systems to protect an entity's rights or property. Here again, the broad definitions could be used in conjunction with the monitoring clause to spy on users engaged in potentially innocuous activity. Once collected, companies can then share the information, which is also called “cyber threat indicators,” freely with government agencies like the NSA.
  • Such sharing will occur because under this bill, DHS would no longer be the lead agency making decisions about the cybersecurity information received, retained, or shared to companies or within the government. Its new role in the bill mandates DHS send information to agencies like the NSA—"in real-time and simultaneous[ly]." DHS is even barred from "delay[ing]" or "interfer[ing]" with the information, which ensures that DHS's current privacy protections won’t be applied to the information. The provision is ripe for improper and over-expansive information sharing. This leads to a question: What stops your sensitive personal information from being shared by companies to the government? Almost nothing. Companies must only remove personally identifiable information if the information is known to be US person information and not directly related to the threat. Such a willful blindness approach is inappropriate. Further, the bill does not even impose this weak minimization requirement on information shared by, and within, the government (including federal, state, local, and tribal governments) thereby allowing the government to share information containing personally identifiable information. The bill should require deletion of all information not directly related to a threat.
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  • Once the information is sent to a government agency, it can use the information for reasons other than for cybersecurity purposes. One clause even allows the information to be used to prosecute violations of the Espionage Act—a World War I era law that was meant to prosecute spies but has been used in recent years primarily to go after journalists’ sources. The provisions grant the government far too much leeway in how to use the information for non-cybersecurity purposes. The public won’t even know what information is being collected, shared, or used because the bill will exempt all of it from disclosure under the Freedom of Information Act.
  • The bill also retains near-blanket immunity for companies to monitor information systems, to share information, and to use countermeasures. The high bar immunizes an incredible amount of activity, including negligent damage to property and may deprive private entities of legal recourse if a computer security contractor is at fault for destruction of property. Existing private rights of action for violations of the Wiretap Act, Stored Communications Act, and the Computer Fraud and Abuse Act would be precluded or at least sharply restricted by the clause. It remains to be seen why such immunity is needed when just a few months ago, the FTC and DOJ noted they would not prosecute companies for sharing such information. It's also unclear because we continue to see companies freely share information among each other and with the government both publicly via published reports and privately.
Paul Merrell

OPEC Unlikely to Cut Oil Production, Venezuela's PDVSA Predicts "Difficult Times Ahead"... - 0 views

  • negotiations with Mexico, Russia and Saudi Arabia have failed to reach a joint pledge for OPEC nations to cut oil production. Ramirez, who was replaced as president of state-owned oil company PDVSA in September but continues to be Venezuela’s OPEC representative, met his counterparts on Tuesday in Vienna to kickstart the discussion on the plummeting price of oil before Thursday’s hugely significant OPEC summit. Between the United States shale boom and slower economic growth in Europe and China, the price of Venezuelan heavy crude dove from $99 per barrel in June to about $69 last week, prompting Ramirez’s diplomatic tour.
  • OPEC members Venezuela, Iraq, Ecuador, and Nigeria have all advocated for a cut in production as the quickest way to drive market prices back up. Statistics uphold this argument, considering OPEC estimations that global supply will exceed demand by more than 1 million barrels per day (bpd) in the first half of next year. But after Tuesday’s Vienna meeting Saudi Arabian Oil Minister Ali al-Naimi told reporters that the Gulf Cooperation Council (GCC), which includes Saudi Arabia, Kuwait, Qatar and the United Arab Emirates, had reached a “consensus” not to do so. Al-Naimi believes the twelve-nation OPEC group, of which Saudi Arabia is the largest producer, will follow suit. "We are very confident that OPEC will have a unified position,” he said, in reference to tomorrow’s summit. Meanwhile, Russia’s most influential oil official, state-firm Rosneft’s president Igor Sechin, surprised some and quelled rumors by announcing the largest producing non-OPEC nation had no intention of reducing their output, either. Not even, Sechin said, if oil “falls under $60 a barrel.”
  • The Russian company recently signed a contract with PDVSA for the purchase of 1.6 million tons of petroleum and 9 million tons of derivatives of crude over the next five years. While it makes sense that the GCC prioritize market share over barrel price, to a certain extent, Russian government coffers have already been hard hit by dropping prices, causing Sechin’s comment to raise some eyebrows. Indeed, many analysts claim the oil glut of the early 1980’s (which almost bankrupt Venezuela) contributed to the collapse of the Soviet Union.
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  • However, oil makes up 97 percent of Venezuela’s export earnings, and the market shift has already caused the country a 30 percent loss in foreign income, Maduro said last week. According to Reuters, PDVSA has put the possible sale of U.S. refinery Citgo Petroleum Corp back on the table. People close to the matter have reported that Lazard Ltd, the investment bank hired by PDVSA to explore the sale, has set a late-December deadline for new offers, despite Venezuelan finance minister ruling it out last month. Citgo runs three refineries in the United States, totaling an estimated value of up to $10 billion.
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    The headscratcher for me in this article is Russia's position that it will maintain production even if crude oil prices drop below $60 per barrel. The dropping price has delivered a huge hit on the Russian economy already. These factors cause me to wonder if China has pledged funds to help Russia ride out the U.S./GCC assault on oil prices.  
Paul Merrell

Middle East updates / UN nuclear agency needs millions more for Iran monitoring - Middl... - 0 views

  • 2:53 P.M. Assad: U.S.-led airstrikes not serious or efficient Syrian President Bashar Assad said in remarks published Wednesday that U.S.-led airstrikes targeting Islamic State group militants in his country are neither serious nor efficient, claiming they have failed to produce any tangible results.
  • Assad spoke in a rare interview conducted Nov. 28 in Damascus with Paris Match magazine, his first in months. His comments critical of the U.S. airstrikes appear intended to give the impression that his forces are the most effective in fighting Islamic extremists. "You can't end terrorism with aerial strikes. Troops on the ground that know the land and can react are essential," the magazine quoted Assad as saying. "That is why there haven't been any tangible results in the two months of strikes led by the coalition."
  • 12:47 P.M. Iran has never conducted air strikes against Islamic State in Iraq, official says Iran has not launched any air strikes against Islamic State targets in neighboring Iraq, a senior Iranian official told Reuters on Wednesday. "Iran has never been involved in any air strikes against the Daesh (Islamic State) targets in Iraq. Any cooperation in such strikes with America is also out of question for Iran," the senior official said on condition of anonymity. (Reuters) 6:30 A.M. Iran has conducted airstrikes against ISIS forces in Iraq, a U.S. official confirmed Tuesday.
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  • 12:52 P.M. Kerry: U.S.-led efforts against ISIS having a 'significant impact' The U.S.-led coalition has inflicted serious damage on ISIS, carrying out around 1,000 air strikes so far in Iraq and Syria, but the fight against the militants could last years, U.S. Secretary of State John Kerry said on Wednesday. (Reuters) Read the full story
  • Pentagon spokesman Rear Admiral John Kirby was asked by reporters if the U.S. was aware of Iran's involvement over Iraq, following recent media reports of possible strikes by Iranian jets. "We have the indications they have flown these missions in recent days in eastern Iraq," Kirby said in broadcast remarks. The strikes were not coordinated with the U.S., and may be the first time Tehran has launched manned aircraft from inside Iran to strike Islamic State targets in Iraq, Kirby was quoted as saying by the Navy Times. He said the U.S. would not take a position on the flights, saying it was Iraq's airspace and up to Iraq to decide who could fly over it.
  • "We ask that they do those things in keeping with the idea that we don't further inflame sectarian tensions inside Iraq," Kirby said. He said the U.S. was aware that Baghdad has "communications" with Tehran about military activities. Iran has offered help to the coalition against Islamic State but its request was refused by the U.S., which has vowed it would not coordinate with Iran on military actions inside Iraq. Washington is concerned that Iran, which backs the majority Shiite government, will provoke further resentment among Iraq's Sunni minority.
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    Who to believe about what?
Paul Merrell

EXCLUSIVE: HW Bush jabs at Cheney, Rumsfeld in new book | Fox News - 0 views

  • As an ex-president, George H.W. Bush has generally maintained a respectful silence regarding later administrations. But now he's speaking out, criticizing some big names, and not in ways you might expect.  As revealed in the new Jon Meacham biography, "Destiny And Power: The American Odyssey Of George Herbert Walker Bush," the 41st president has some harsh words for the actions of his son's administration.  In particular, he objects to how Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld reacted to 9/11. He feels they were too hawkish, taking a harsh, inflexible stance that tarnished America's reputation around the world.  "I don't know, he just became very hard-line and very different from the Dick Cheney I knew and worked with," Bush told Meacham. "The reaction [to 9/11], what to do about the Middle East. Just iron-ass. His seeming knuckling under to the real hard-charging guys who want to fight about everything, use force to get our way in the Middle East ..." 
  • The elder Bush believes Cheney -- who had been his own defense secretary back when he held the White House -- acted too independently of his son. "The big mistake that was made was letting Cheney bring in kind of his own State Department," Bush said, apparently referring to the national security team that the vice president assembled in his office.  The 41st president suggested to Meacham that Cheney may even have been pushed toward a harder line by his conservative wife and daughter, Liz and Lynne. "You know, I've concluded that Lynne Cheney is a lot of the eminence grise here ... tough as nails, driving," Bush is quoted as saying.  Cheney laughs off that last claim, taking full responsibility for his actions. "We smile about it, we laugh about it," Cheney told Fox News. "Same with my daughter, with Liz. It's his view, perhaps, of what happened, but my family was not conspiring to somehow turn me into a tougher, more hardnosed individual. I got there all by myself."  Regarding the former president's "iron-ass" remark, Cheney says he takes that as a compliment. "I took it as a mark of pride," he says. "The attack on 9/11 was worse than Pearl Harbor, in terms of the number people killed, and the amount of damage done. I think a lot of people believed then, and still believe to this day that I was aggressive in defending, in carrying out what I thought were the right policies." 
  • Despite the criticism, Cheney says he still respects his former boss and enjoyed Meacham's book, which draws partly from audio diaries that Bush recorded during his presidency.  "The diary's fascinating, because you can see how he felt at various key moments of his life," Cheney said. "So I'm enjoying the book. I recommend it to my friends. And proud to be a part of it."  The elder Bush is even harder on Rumsfeld, saying, "I don't like what he did, and I think it hurt the President" -- his son, that is. "I've never been that close to him anyway. There's a lack of humility, a lack of seeing what the other guy thinks. He's more kick ass and take names, take numbers. I think he paid a price for that. Rumsfeld was an arrogant fellow ..."  Rumsfeld has declined to comment on the book. 
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  • For more on the private thoughts and the presidency of the 41st president, watch Fox News Reporting -- Destiny and Power -- The Private Diaries of George Herbert Walker Bush. The new special airs Friday Nov. 6 at 10 p.m. ET on Fox News.
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    Fox published first and all subsequent reports thus far seem to be cribbing quotes from Fox. More critical analysis will probably follow once reporters get their hands on the book. It's scheduled for publication on November 10. Bush 41 or his biographer definitely knows how to sell books. On the phrase he used to describe Lynne Cheney, "eminence grise," see https://en.wikipedia.org/wiki/Eminence_grise  (note that "grise" is the French feminine singular form of "gris", https://en.wiktionary.org/wiki/grise ), meaning "grey." The blaming of his son's principle handlers for his son's failings as a leader makes me wonder why Bush 41 did not tell Bush43 to cool his jets when the latter first got interested in running for public office. Bush 41 had to know that Bush 43 lacked the intelligence to make wise, independent decisions. 
Paul Merrell

United Nations News Centre - Human cost of Iraq crisis is 'devastating,' UN deputy reli... - 0 views

  • Warning of a further “dramatic” worsening of the humanitarian situation in Iraq, a senior United Nations relief official today urged increased international support to assist millions in need and to rebuild areas retaken from the Islamic State of Iraq and the Levant (ISIL) so people can return to their homes “voluntarily and safely.” “The human cost of the crisis is devastating. We are extremely worried that all indicators point to a dramatically worsening situation in the months ahead,” said the UN Assistant Secretary-General for Humanitarian Affairs, Kyung-wha Kang in a news release issued by the UN Office for the Coordination of Humanitarian Affairs (OCHA). According to the news release, Ms. Kang visited Baghdad and Erbil to discuss the humanitarian crisis, where she spoke with women “who had lost virtually everything.” She is currently on a visit to the region, which will include stops in Jordan and Turkey before wrapping up on Sunday, 6 December.
  • Ms. Kang stressed that responding to the basic needs of these people will require increased capacity, as well as improved access and security is of utmost importance, adding that insecurity “puts the whole aid operation in Iraq at risk.” Voicing concerns at the impact of economic crisis in the Kurdistan region and in Iraq, she urged the international community to step forward and provide urgent funding for lifesaving assistance, stating that “if this doesn’t happen, the impact will be terribly damaging.” “Funding is needed to keep programmes open and to help rebuild areas retaken from ISIL so that people can return voluntarily and safely to their homes,” Ms. Kang explained at the end of her two-day mission in Iraq. According to the UN, nearly 10 million people in Iraq are now in need of some form of humanitarian assistance and close to 3.2 million people are internally displaced since January 2014. Further, OCHA estimates indicate that the aid response efforts in the country are critically underfunded, forcing humanitarian partners to close scores of lifesaving programmes.
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