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Paul Merrell

ACLU Demands Secret Court Hand Over Crucial Rulings On Surveillance Law - 0 views

www.mintpressnews.com/...221667

surveillance state FISA-Court opinions disclosure litigation ACLU

shared by Paul Merrell on 24 Oct 16 - No Cached
  • The American Civil Liberties Union (ACLU) has filed a motion to reveal the secret court opinions with “novel or significant interpretations” of surveillance law, in a renewed push for government transparency. The motion, filed Wednesday by the ACLU and Yale Law School’s Media Freedom and Information Access Clinic, asks the Foreign Intelligence Surveillance Act (FISA) Court, which rules on intelligence gathering activities in secret, to release 23 classified decisions it made between 9/11 and the passage of the USA Freedom Act in June 2015. As ACLU National Security Project staff attorney Patrick Toomey explains, the opinions are part of a “much larger collection of hidden rulings on all sorts of government surveillance activities that affect the privacy rights of Americans.” Among them is the court order that the government used to direct Yahoo to secretly scanits users’ emails for “a specific set of characters.” Toomey writes: These court rulings are essential for the public to understand how federal laws are being construed and implemented. They also show how constitutional protections for personal privacy and expressive activities are being enforced by the courts. In other words, access to these opinions is necessary for the public to properly oversee their government.
  • Although the USA Freedom Act requires the release of novel FISA court opinions on surveillance law, the government maintains that the rule does not apply retroactively—thereby protecting the panel from publishing many of its post-9/11 opinions, which helped create an “unprecedented buildup” of secret surveillance laws. Even after National Security Agency (NSA) whistleblower Edward Snowden revealed the scope of mass surveillance in 2013, sparking widespread outcry, dozens of rulings on spying operations remain hidden from the public eye, which stymies efforts to keep the government accountable, civil liberties advocates say. “These rulings are necessary to inform the public about the scope of the government’s surveillance powers today,” the ACLU’s motion states.
  • Toomey writes that the rulings helped influence a number of novel spying activities, including: The government’s use of malware, which it calls “Network Investigative Techniques” The government’s efforts to compel technology companies to weaken or circumvent their own encryption protocols The government’s efforts to compel technology companies to disclose their source code so that it can identify vulnerabilities The government’s use of “cybersignatures” to search through internet communications for evidence of computer intrusions The government’s use of stingray cell-phone tracking devices under the Foreign Intelligence Surveillance Act (FISA) The government’s warrantless surveillance of Americans under FISA Section 702—a controversial authority scheduled to expire in December 2017 The bulk collection of financial records by the CIA and FBI under Section 215 of the Patriot Act Without these rulings being made public, “it simply isn’t possible to understand the government’s claimed authority to conduct surveillance,” Toomey writes. As he told The Intercept on Wednesday, “The people of this country can’t hold the government accountable for its surveillance activities unless they know what our laws allow. These secret court opinions define the limits of the government’s spying powers. Their disclosure is essential for meaningful public oversight in our democracy.”
Paul Merrell

US to UN Human Rights Committee: Move Along, Nothing to See Here | American Civil Liber... - 0 views

www.aclu.org/...ee-move-along-nothing-see-here

Dark-State U.S. CIA torture U.N.-Human-Rights-Committee committee

shared by Paul Merrell on 10 Apr 15 - No Cached
  • Yesterday the United States gave the U.N. Human Rights Committee its one year follow-up report on progress made to implement four priority recommendations made by the committee a year ago. The independent human rights experts had reviewed the United States' compliance with a major human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). They found the U.S. coming up short in many areas, including accountability for torture, privacy and surveillance, Guantánamo, and gun violence. Yesterday’s disappointing 15-page submission does provide some information on Justice Department investigations regarding police misconduct, including the recent Ferguson report. But, there was nothing on accountability measures taken in the aftermath of the release of the Senate report on the CIA torture program. The need for Attorney General Eric Holder to appoint a special prosecutor remains as glaring as ever.
  • The submission notes that the Senate report’s 500-page executive summary was “declassified with minimal redactions to protect national security,” but it failed to commit to release the entire report (which the ACLU is currently fighting for in a FOIA lawsuit). And while the submission states that the U.S. “supports transparency and has taken steps to ensure that it never resorts to the use of those [harsh interrogation] techniques again,” there is no mention of any concrete actions taken to criminally investigate CIA torture, especially in light of the new information made public in the report about the brutality of the CIA’s methods, and its lies to Congress, the media, and the public about its torture program. Under the ICCPR and the Convention Against Torture, the U.S. has an obligation to effectively, independently, and impartially investigate all cases of unlawful killing or torture, as well as arbitrary detention or enforced disappearance. The U.S. also has an international legal obligation to appropriately prosecute perpetrators – including high-level policymakers.
  • The U.S. submission mentions the investigation by Justice Department prosecutor John Durham, which he closed in 2012 without any charges being filed. But, the submission fails to provide detailed information on the precise scope of Durham’s mandate. We remain concerned that the investigation may have focused on instances in which interrogators overstepped limits set by senior officials, rather than on the culpability of senior officials themselves. It also remains unclear whether investigators interviewed any prisoners who were subjected to the CIA torture program. During the November 2014 review of the United States before the U.N. Committee Against Torture in Geneva, the committee raised concerns, based on letters and accounts from torture victims or their attorneys, indicating that Durham had never interviewed any detainees. The U.S. delegation responded that it had interviewed 96 persons as part of the investigation, but it did not indicate whether any of the prisoners who were subjected to abuse and torture were amongst those interviewed.
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  • A comprehensive criminal investigation by the U.S. government would dissuade future government officials from ordering or using torture and abuse. Failure to conduct an independent criminal investigation not only flouts international law but it also undermines America’s ability to advocate for human rights abroad and compromises Americans’ faith in the rule of law at home. The ACLU and other human rights groups have until May 1st to submit “shadow reports” to the Human Rights Committee, which will subsequently assess and grade U.S. implementation of the key priority recommendations.  The Obama administration can still avoid a low grade by responding to domestic and international calls to appoint a special prosecutor to conduct a comprehensive criminal investigation of the tactics described in the Senate torture report, including all acts authorizing or ordering acts of torture and other abuses and provide redress to victims of torture.  
Paul Merrell

Still Secret: Second Circuit Keeps More Drone Memos From the Public | Just Security - 0 views

www.justsecurity.org/...ret-circuit-drone-memos-public

tyranny secret-law targeted-killing OLC-opinions FOIA litigation

shared by Paul Merrell on 01 Dec 15 - No Cached
  • Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it.
  • We might forgive the citizenry’s confusion, though, in attempting to square those principles with the decision by the Second Circuit Court of Appeals, published yesterday, holding that the government may continue to keep secret nine legal memoranda by the Justice Department’s Office of Legal Counsel analyzing the legality of targeted killings carried out by the US government. It was just more than a year ago that the same panel of the same court ordered the government to disclose key portions of a July 2010 OLC memorandum that authorized the targeted killing of an American citizen in Yemen. At the time, the court’s opinion seemed to promise at least a partial solution to a problem straight (as the district court in the same case put it) from Alice in Wonderland: that [a] thicket of laws and precedents … effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for its conclusion a secret.
  • Yesterday’s opinion retreats from that promise by keeping much of the government’s law of the targeted killing program secret. (In this and two other cases, the ACLU continues to seek more than 100 other legal memoranda authored by various agencies concerning targeted killing.) It does so in two ways that warrant attention. First, the court suggests that OLC merely gives advice to executive branch agencies, and that OLC’s legal memoranda do not establish the “working law” of the government because agencies might not “adopt” the memoranda’s legal analysis as their own. This argument is legally flawed and, moreover, it flies in the face of the public evidence concerning how the executive branch treats opinions issued by OLC. In an OLC memorandum published, ironically or not, the same day (July 16, 2010) and over the same signature (David Barron’s) as the targeted killing memorandum released at the Second Circuit’s behest last year, the OLC explains that its “central function” is to provide “controlling legal advice to Executive Branch officials.” And not even two weeks ago, the acting head of the OLC told the public that even informally drafted legal advice emanating from his office is “binding by custom and practice in the executive branch,” that “[i]t’s the official view of the office, and that “[p]eople are supposed to and do follow it.”
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  • But that’s not what the government told the Second Circuit, and it’s not what the Second Circuit has now suggested is the law. Second, the Second Circuit’s new opinion endorses the continued official secrecy over any discussion of a document that has supplied a purported legal basis for the targeted killing program since almost immediately after the September 11 attacks. The document — a September 17, 2001 “Memorandum of Notification” — is not much of a secret. The government publicly identified it in litigation with the ACLU eight years ago; the Senate Intelligence Committee cited it numerous times in its recent torture report; and the press frequently makes reference to it. Not only that, but the Central Intelligence Agency’s former top lawyer, John Rizzo, freely discussed it in his recent memoir. According to Rizzo, the September 17 MON is “the most comprehensive, most ambitious, most aggressive, and most risky” legal authorization of the last decade and a half — which is saying something. Rizzo explains that the MON authorizes targeted killings of suspected terrorists by the CIA, and in his new book, Power Wars, Charlie Savage reports that the MON is the original source of the controversial (and legally novel) “continuing and imminent threat” standard the government uses to govern the lethal targeting of individuals outside of recognized battlefields. The MON is also likely to have authorized an end run around the assassination “ban” in Executive Order 12333 — a legal maneuver that is discussed in, but almost entirely redacted from, an earlier OLC analysis of targeted killing.
  • In yesterday’s opinion, the Second Circuit upheld the government’s withholding of a 2002 OLC memorandum that “concerns Executive Order 12333,” which almost certainly analyzes the effect of the September 17 MON, as well as of five other memoranda that “discuss another document that remains entitled to protection.” If indeed that “document” is the MON, it would seem to be yet another case of what the DC Circuit pointedly criticized, in a 2013 opinion, as the granting of judicial “imprimatur to a fiction of deniability that no reasonable person would regard as plausible.” In that case, the DC Circuit went on to quote Justice Frankfurter: “‘There comes a point where … Court[s] should not be ignorant as judges of what [they] know as men’ and women.” Last year, the Second Circuit took that admonishment to heart when it published the July 2010 OLC memorandum. Unfortunately, yesterday, rather than once again opening the country’s eyes to the law our government is applying behind closed doors, the Second Circuit closed its own.
Paul Merrell

Victims File Suit Against CIA Torture Architects for 'Systemic Brutality' | Global Rese... - 0 views

www.globalresearch.ca/...5482131

war & peace CIA psychologists torture rendition litigation ACLU

shared by Paul Merrell on 15 Oct 15 - No Cached
  • The two psychologists credited with creating the brutal, post-9/11 Central Intelligence Agency (CIA) torture regime are being sued by three victims of their program on charges that include “human experimentation” and “war crimes.” The American Civil Liberties Union (ACLU) on Tuesday filed the suit against CIA contractors James Mitchell and Bruce Jessen, on behalf of torture survivors Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud, as well as the family of Gul Rahman, who died of hypothermia in his cell as result of the torture he endured. The suit, which is the first to rely on the findings of the Senate Intelligence Committee report on CIA torture, charges Mitchell and Jessen under the Alien Tort Statute for “their commission of torture, cruel, inhuman, and degrading treatment; non-consensual human experimentation; and war crimes,” all of which violate international law. The pair, both former U.S. military psychologists, earned more than $80 million for “designing, implementing, and personally administering” the program, which employed “a pseudo-scientific theory of countering resistance that justified the use of torture,” that was based on studies in which researchers “taught dogs ‘helplessness’ by subjecting them to uncontrollable pain,” according to the suit.
  • “These psychologists devised and supervised an experiment to degrade human beings and break their bodies and minds,” said Dror Ladin, a staff attorney with the ACLU National Security Project. “It was cruel and unethical, and it violated a prohibition against human experimentation that has been in place since World War II.” In a lengthy report, the ACLU describes each plaintiff’s journey.
  • According to the report, the torture regime designed and implemented by Mitchell and Jessen “ensnared at least 119 men, and killed at least one—a man named Gul Rahman who died in November 2002 of hypothermia after being tortured and left half naked, chained to the wall of a freezing-cold cell.” Gul’s family has never been formally notified of his death, nor has his body been returned to them for a dignified burial, the ACLU states. Further, no one has been held accountable for his murder. But the report notes, “An unnamed CIA officer who was trained by Jessen and who tortured Rahman up until the day before he was found dead, however, later received a $2,500 bonus for ‘consistently superior work.’” The ACLU charges that the theories devised by Mitchell and Jessen and employed by the CIA, “had never been scientifically tested because such trials would violate human experimentation bans established after Nazi experiments and atrocities during World War II.” Yet, they were the basis of “some of the worst systematic brutality ever inflicted on detainees in modern American history.” Despite last year’s release of the Senate Torture Report, the government has prosecuted only a handful of low-level soldiers and one CIA contractor for prisoner abuse. Meanwhile, the architects of the CIA’s torture program, which include Mitchell and Jessen, have escaped any form of accountability.
Paul Merrell

Call for punishment of Missouri police behind crackdown on journalists - Reporters With... - 0 views

en.rsf.org/missouri-22-08-2014,46833.html

civil liberties Ferguson reporter-arrests ACLU

shared by Paul Merrell on 28 Aug 14 - No Cached
  • At least 15 journalists have been unfairly arrested during the clashes between the police and protesters in Ferguson, Missouri, after a white officer shot dead a young unarmed black man, Michael Brown, on 9 August. As rioting has gripped the town for almost two weeks, police have cracked down on the journalists covering the violence. The arbitrary detention of Washington Post reporter Wesley Lowery and Ryan J. Reilly of the Huffington Post on 13 August appeared at first to be isolated instances as a result of the protests getting out of hand, but they were followed by the arrests of at least 13 more journalists, three of them German and one Turkish. All were handcuffed as a matter of routine. The freelance photojournalist Coulter Loeb, on assignment for the Cincinnati Herald, is the most recent to have been placed under arrest. He was held for six hours overnight on 19 August. Journalists are also victims of police brutality. According to Al-Jazeera correspondent Ash-har Quraishi, tear gas was deliberately aimed at his crew.
  • “Reporters Without Borders calls for the punishment of the officers responsible for the arbitrary arrests of journalists covering the demonstrations,” said Camille Soulier, the head of the organization’s Americas desk. “The arrest of journalists for reporting on the riots are in flagrant violation of International conventions as well as the U.S. constitution. An investigation must be carried out to identify the officers that deliberately assaulted and threatened those working for the media. There could be further wrongful arrests unless the authorities take decisive action against such shortcomings on the part of the police.” A resolution passed by the U.N. Human Rights Council in March this year urges states to “pay particular attention to the safety of journalists and media workers covering peaceful protests.” On 15 August, the American Civil Liberties Union and the Missouri police authorities signed an agreement that they “acknowledge and agree that the media and members of the public have the right to record public events without abridgement unless it obstructs the activities or threatens the safety of others, or physically interferes with the ability of law enforcement officers to perform their duties.”
  • Such an agreement may appear unnecessary in the land of the First Amendment, but it should act as a reminder to officers on the ground. In addition, Reporters Without Borders and more than 40 other media organizations have signed a letter at the instigation of the Reporters Committee for Freedom of the Press requesting the Missouri police authorities to allow journalist to do their work. The journalists arrested in Ferguson are listed on the website of the Freedom of the Press Foundation. The United States is ranked 46th of 180 countries in the 2014 Reporters without Borders press freedom index, 13 places below its position in the 2013 edition.
  • Paul Merrell on 28 Aug 14
     
    Tragically, the ACLU had to get a stipulation with state, county, and Ferguson city police that reporters and the press have a right to record public events on video  "without abridgement unless it obstructs the activity or threatens the safety of others or physically interferes or interferes with the ability of law enforcement officers to perform their duties" The ACLU lawsuit over the rough stuff against reporters is still pending.  One might hope that word would have got around by now among all police in America that the Supreme Court has ruled that the public has that right under the First Amendment, but there remains a fairly constant flow of cops who arrest people for recording their activities, seize their cameras, or break them. And playing rough with reporters is plain stupid; it's just asking for a scandal. Police in the U.S. have no right to be dumb as a doornail.
Paul Merrell

Exclusive: TSA's Secret Behavior Checklist to Spot Terrorists - The Intercept - 0 views

firstlook.org/...vior-checklist-spot-terrorists

war & peace politics of fear tyranny TSA behavioral-identification

shared by Paul Merrell on 04 Apr 15 - No Cached
  • Fidgeting, whistling, sweaty palms. Add one point each. Arrogance, a cold penetrating stare, and rigid posture, two points. These are just a few of the suspicious signs that the Transportation Security Administration directs its officers to look out for — and score — in airport travelers, according to a confidential TSA document obtained exclusively by The Intercept. The checklist is part of TSA’s controversial program to identify potential terrorists based on behaviors that it thinks indicate stress or deception — known as the Screening of Passengers by Observation Techniques, or SPOT. The program employs specially trained officers, known as Behavior Detection Officers, to watch and interact with passengers going through screening. The document listing the criteria, known as the “Spot Referral Report,” is not classified, but it has been closely held by TSA and has not been previously released. A copy was provided to The Intercept by a source concerned about the quality of the program.
  • Fidgeting, whistling, sweaty palms. Add one point each. Arrogance, a cold penetrating stare, and rigid posture, two points. These are just a few of the suspicious signs that the Transportation Security Administration directs its officers to look out for — and score — in airport travelers, according to a confidential TSA document obtained exclusively by The Intercept. The checklist is part of TSA’s controversial program to identify potential terrorists based on behaviors that it thinks indicate stress or deception — known as the Screening of Passengers by Observation Techniques, or SPOT. The program employs specially trained officers, known as Behavior Detection Officers, to watch and interact with passengers going through screening.
  • The document listing the criteria, known as the “Spot Referral Report,” is not classified, but it has been closely held by TSA and has not been previously released. A copy was provided to The Intercept by a source concerned about the quality of the program. The checklist ranges from the mind-numbingly obvious, like “appears to be in disguise,” which is worth three points, to the downright dubious, like a bobbing Adam’s apple. Many indicators, like “trembling” and “arriving late for flight,” appear to confirm allegations that the program picks out signs and emotions that are common to many people who fly.
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  • A TSA spokesperson declined to comment on the criteria obtained by The Intercept. “Behavior detection, which is just one element of the Transportation Security Administration’s (TSA) efforts to mitigate threats against the traveling public, is vital to TSA’s layered approach to deter, detect and disrupt individuals who pose a threat to aviation,” a spokesperson said in an emailed statement.
  • Since its introduction in 2007, the SPOT program has attracted controversy for the lack of science supporting it. In 2013, the Government Accountability Office found that there was no evidence to back up the idea that “behavioral indicators … can be used to identify persons who may pose a risk to aviation security.” After analyzing hundreds of scientific studies, the GAO concluded that “the human ability to accurately identify deceptive behavior based on behavioral indicators is the same as or slightly better than chance.” The inspector general of the Department of Homeland Security found in 2013 that TSA had failed to evaluate SPOT, and “cannot ensure that passengers at United States airports are screened objectively, show that the program is cost-effective, or reasonably justify the program’s expansion.” Despite those concerns, TSA has trained and deployed thousands of Behavior Detection Officers, and the program has cost more than $900 million since it began in 2007, according to the GAO.
  • The 92-point checklist listed in the “Spot Referral Report” is divided into various categories with a point score for each. Those categories include a preliminary “observation and behavior analysis,” and then those passengers pulled over for additional inspection are scored based on two more categories: whether they have “unusual items,” like almanacs and “numerous prepaid calling cards or cell phones,” and a final category for “signs of deception,” which include “covers mouth with hand when speaking” and “fast eye blink rate. Points can also be deducted from someone’s score based on observations about the traveler that make him or her less likely, in TSA’s eyes, to be a terrorist. For example, “apparent” married couples, if both people are over 55, have two points deducted off their score. Women over the age of 55 have one pointed deducted; for men, the point deduction doesn’t come until they reach 65. Last week, the ACLU sued TSA to obtain records related to its behavior detection programs, alleging that they lead to racial profiling. The lawsuit is based on a Freedom of Information Act request the ACLU filed last November asking for numerous documents related to the program, including the scientific justification for the program, changes to the list of behavior indicators, materials used to train officers and screen passengers, and what happens to the information collected on travelers.
  • “The TSA has insisted on keeping documents about SPOT secret, but the agency can’t hide the fact that there’s no evidence the program works,” said Hugh Handeyside, staff attorney with the ACLU National Security Project, in a statement announcing the lawsuit. Being on the lookout for suspicious behavior is a “common sense approach” that is used by law enforcement, according to TSA. “No single behavior alone will cause a traveler to be referred to additional screening or will result in a call to a law enforcement officer (LEO),” the agency said in its emailed statement. “Officers are trained and audited to ensure referrals for additional screening are based only on observable behaviors and not race or ethnicity.” One former Behavior Detection Officer manager, who asked not to be identified, said that SPOT indicators are used by law enforcement to justify pulling aside anyone officers find suspicious, rather than acting as an actual checklist for specific indicators. “The SPOT sheet was designed in such a way that virtually every passenger will exhibit multiple ‘behaviors’ that can be assigned a SPOT sheet value,” the former manager said.
  • The signs of deception and fear “are ridiculous,” the source continued. “These are just ‘catch all’ behaviors to justify BDO interaction with a passenger. A license to harass.” The observations of a TSA screener or a Behavior Detection Officer shouldn’t be the basis for referring someone to law enforcement. “The program is flawed and unnecessarily delays and harasses travelers. Taxpayer dollars would be better spent funding real police at TSA checkpoints,” the former manager said. A second former Behavior Detection Officer manager, who also asked not to be identified, told The Intercept that the program suffers from lack of science and simple inconsistency, with every airport training its officers differently. “The SPOT program is bullshit,” the manager told The Intercept. “Complete bullshit.”
  • Paul Merrell on 04 Apr 15
     
    I've completely boycotted airlines in the U.S. since 2002 because I refuse to submit to the outrageous treatment by government that is now required to board a commercial airliner. If the airlines want my business, they need to start lobbying to end the politics of fear and the Gestapo tactics of government. plus pushing for an honest investigation of the 9/11/2001 incidents.  
Paul Merrell

ACLU accuses NSA of using holiday lull to 'minimise impact' of documents | US news | Th... - 0 views

www.theguardian.com/...s-christmas-eve-lessens-impact

surveillance state NSA internal-reports FOIA litigation ACLU

shared by Paul Merrell on 29 Dec 14 - No Cached
  • The National Security Agency used the holiday lull to “minimise the impact” of a tranche of documents by releasing them on Christmas Eve, the American Civil Liberties Union (ACLU) said on Friday. The documents, which were released in response to a legal challenge by the ACLU under the Freedom of Information Act, are heavily – in some places totally –redacted versions of reports by the NSA to the President’s Intelligence Oversight Board dating back to 2007. A court ordered the documents released this past summer, and a 22 December deadline for that release was agreed upon, according to Patrick Toomey, a staff attorney at the ACLU’s national security project, because the NSA said it needed “six or seven months” to complete its review and redaction process. A spokesperson for the NSA said that the 22 December deadline, “which was agreed to by all parties,” was met.
  • But according to Toomey, the ACLU didn’t receive the documents until “late in the day on the 23rd” – the NSA sent them by FedEx late on the 22nd – and the NSA didn’t publicly release them until Christmas Eve. “I certainly think the NSA would prefer to have the documents released right ahead of the holidays in order to have less public attention on what they contain,” Toomey said. The redactions on the document are extreme, and their omissions tantalising. One entry, from the 4th quarter of 2008, reads: “On [redacted] [redacted] used the US SIGINT System (USSS) to locate [redacted] believed to be kidnapped [redacted] The selectors were tasked before authorization was obtained from NSA. After the NSA Office of General Counsel (OGC) denied the authorization request, [redacted] was found. He had not been kidnapped.” Another reads: “On [redacted] during an experimental collection and processing effort, NSA analysts collected [several lines of text redacted.] The messages were deleted [redacted] when the error was identified.”
  • Many entries are erased entirely, which means the documents reveal very little about how individuals who misuse the data were disciplined by the NSA, or how quickly errors were resolved. But, according to Toomey, they speak to a total picture of a “large number of different compliance violations. We don’t know how many.” He said the documents deepen the picture of the nature and extent of compliance violations by analysts working for the NSA.
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  • “There are certain portions of the documents that really vindicate some of the things [Edward] Snowden said when he first described the NSA surveillance in terms of the ability of analysts to conduct queries – without authorisation – of raw internet traffic,” Toomey said. Among the items redacted are sections detailing the total number of violations reported, with many ending up like this entry from 2013 “On [redacted] occasions during the fourth quarter, selectors were incorrectly tasked because of typographical errors.” This makes the scale of the problem difficult to gauge. Toomey said the ACLU would continue to sue for the release of those numbers. “More generally,” Toomey said, “just the range of different compliance violations makes it clear that at every step of the NSA’s collection of information there are vulnerabilities that leave the privacy of Americans at risk.”
Paul Merrell

Tomgram: Shamsi and Harwood, An Electronic Archipelago of Domestic Surveillance | TomDi... - 0 views

www.tomdispatch.com/...elago_of_domestic_surveillance

surveillance state civil-liberties shadow-ID watchlists

shared by Paul Merrell on 07 Nov 14 - No Cached
  • Uncle Sam’s Databases of Suspicion A Shadow Form of National ID
  • We do know that the nation’s domestic-intelligence network is massive, including at least 59 federal agencies, over 300 Defense Department units, and approximately 78 state-based fusion centers, as well as the multitude of law enforcement agencies they serve. We also know that local law enforcement agencies have themselves raised concerns about the system’s lack of privacy protections.
  • The SAR database is part of an ever-expanding domestic surveillance system established after 9/11 to gather intelligence on potential terrorism threats. At an abstract level, such a system may seem sensible: far better to prevent terrorism before it happens than to investigate and prosecute after a tragedy. Based on that reasoning, the government exhorts Americans to “see something, say something” -- the SAR program’s slogan. Indeed, just this week at a conference in New York City, FBI Director James Comey asked the public to report any suspicions they have to authorities. “When the hair on the back of your neck stands, listen to that instinct and just tell somebody,” said Comey. And seeking to reassure those who do not want to get their fellow Americans in trouble based on instinct alone, the FBI director added, “We investigate in secret for a very good reason, we don't want to smear innocent people.”
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  • There are any number of problems with this approach, starting with its premise.  Predicting who exactly is a future threat before a person has done anything wrong is a perilous undertaking. That’s especially the case if the public is encouraged to report suspicions of neighbors, colleagues, and community members based on a “hair-on-the-back-of-your-neck” threshold. Nor is it any comfort that the FBI promises to protect the innocent by investigating “suspicious” people in secret. The civil liberties and privacy implications are, in fact, truly hair-raising, particularly when the Bureau engages in abusive and discriminatory sting operations and other rights violations.
  • At a fundamental level, suspicious activity reporting, as well as the digital and physical infrastructure of networked computer servers and fusion centers built around it, depends on what the government defines as suspicious.  As it happens, this turns out to include innocuous, First Amendment-protected behavior. As a start, a little history: the Nationwide Suspicious Activity Reporting Initiative was established in 2008 as a way for federal agencies, law enforcement, and the public to report and share potential terrorism-related information. The federal government then developed a list of 16 behaviors that it considered “reasonably indicative of criminal activity associated with terrorism.” Nine of those 16 behaviors, as the government acknowledges, could have nothing to do with criminal activity and are constitutionally protected, including snapping photographs, taking notes, and “observation through binoculars.”
  • Under federal regulations, the government can only collect and maintain criminal intelligence information on an individual if there is a “reasonable suspicion” that he or she is “involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity.” The SAR program officially lowered that bar significantly, violating the federal government’s own guidelines for maintaining a “criminal intelligence system.” There’s good reason for, at a minimum, using a reasonable suspicion standard. Anything less and it’s garbage in, garbage out, meaning counterterrorism “intelligence” databases become anything but intelligent.
  • Law enforcement officials, including the Los Angeles Police Department’s top counterterrorism officer, have themselves exhibited skepticism about suspicious activity reporting (out of concern with the possibility of overloading the system). In 2012, George Washington University’s Homeland Security Policy Institute surveyed counterterrorism personnel working in fusion centers and in a report generally accepting of SARs noted that the program had “flooded fusion centers, law enforcement, and other security outfits with white noise,” complicating “the intelligence process” and distorting “resource allocation and deployment decisions.” In other words, it was wasting time and sending personnel off on wild goose chases.
  • A few months later, a scathing report from the Senate subcommittee on homeland security described similar intelligence problems in state-based fusion centers. It found that Department of Homeland Security (DHS) personnel assigned to the centers “forwarded ‘intelligence’ of uneven quality -- oftentimes shoddy, rarely timely, sometimes endangering citizens’ civil liberties and Privacy Act protections... and more often than not unrelated to terrorism.”
  • yet another burgeoning secret database that the federal government calls its “consolidated terrorism watchlist.” Inclusion in this database -- and on government blacklists that are generated from it -- can bring more severe repercussions than unwarranted law enforcement attention. It can devastate lives.
  • As of August 2013, there were approximately 47,000 people, including 800 U.S. citizens and legal permanent residents like Mashal, on that secretive no-fly list, all branded as “known or suspected terrorists.” All were barred from flying to, from, or over the United States without ever being given a reason why. On 9/11, just 16 names had been on the predecessor “no transport” list. The resulting increase of 293,650% -- perhaps more since 2013 -- isn’t an accurate gauge of danger, especially given that names are added to the list based on vague, broad, and error-prone standards.
  • There is hope, however. In August, four years after the ACLU filed a lawsuit on behalf of 13 people on the no-fly list, a judge ruled that the government’s redress system is unconstitutional. In early October, the government notified Mashal and six others that they were no longer on the list. Six of the ACLU’s clients remain unable to fly, but at least the government now has to disclose just why they have been put in that category, so that they can contest their blacklisting. Soon, others should have the same opportunity.
  • The No Fly List is only the best known of the government’s web of terrorism watchlists. Many more exist, derived from the same master list.  Currently, there are more than one million names in the Terrorist Identities Datamart Environment, a database maintained by the National Counterterrorism Center. This classified source feeds the Terrorist Screening Database (TSDB), operated by the FBI’s Terrorist Screening Center. The TSDB is an unclassified but still secret list known as the “master watchlist.” containing what the government describes as “known or suspected terrorists,” or KSTs.
  • Nothing encapsulates the post-9/11, Alice-in-Wonderland inversion of American notions of due process more strikingly than this “blacklist first, innocence later... maybe” mindset. The Terrorist Screening Database is then used to fill other lists. In the context of aviation, this means the no-fly list, as well as the selectee and expanded selectee lists. Transportation security agents subject travelers on the latter two lists to extra screenings, which can include prolonged and invasive interrogation and searches of laptops, phones, and other electronic devices. Around the border, there’s the State Department’s Consular Lookout and Support System, which it uses to flag people it thinks shouldn’t get a visa, and the TECS System, which Customs and Border Protection uses to determine whether someone can enter the country.
  • According to documents recently leaked to the Intercept, as of August 2013 that master watchlist contained 680,000 people, including 5,000 U.S. citizens and legal permanent residents. The government can add people’s names to it according to a shaky “reasonable suspicion” standard. There is, however, growing evidence that what’s “reasonable” to the government may only remotely resemble what that word means in everyday usage. Information from a single source, even an uncorroborated Facebook post, can allow a government agent to watchlist an individual with virtually no outside scrutiny. Perhaps that’s why 40% of those on the master watchlist have “no recognized terrorist group affiliation,” according to the government’s own records.
  • Inside the United States, no watchlist may be as consequential as the one that goes by the moniker of the Known or Appropriately Suspected Terrorist File. The names on this blacklist are shared with more than 17,000 state, local, and tribal police departments nationwide through the FBI’s National Crime Information Center (NCIC). Unlike any other information disseminated through the NCIC, the KST File reflects mere suspicion of involvement with criminal activity, so law enforcement personnel across the country are given access to a database of people who have secretly been labeled terrorism suspects with little or no actual evidence, based on virtually meaningless criteria.
  • This opens up the possibility of increased surveillance and tense encounters with the police, not to speak of outright harassment, for a large but undivulged number of people. When a police officer stops a person for a driving infraction, for instance, information about his or her KST status will pop up as soon a driver’s license is checked.  According to FBI documents, police officers who get a KST hit are warned to “approach with caution” and “ask probing questions.” When officers believe they’re about to go face to face with a terrorist, bad things can happen. It’s hardly a stretch of the imagination, particularly after a summer of police shootings of unarmed men, to suspect that an officer approaching a driver whom he believes to be a terrorist will be quicker to go for his gun. Meanwhile, the watchlisted person may never even know why his encounters with police have taken such a peculiar and menacing turn. According to the FBI's instructions, under no circumstances is a cop to tell a suspect that he or she is on a watchlist.
  • And once someone is on this watchlist, good luck getting off it. According to the government’s watchlist rulebook, even a jury can’t help you. “An individual who is acquitted or against whom charges are dismissed for a crime related to terrorism,” it reads, “may nevertheless meet the reasonable standard and appropriately remain on, or be nominated to, the Terrorist Watchlist.” No matter the verdict, suspicion lasts forever.
  • The SARs program and the consolidated terrorism watchlist are just two domestic government databases of suspicion. Many more exist. Taken together, they should be seen as a new form of national ID for a growing group of people accused of no crime, who may have done nothing wrong, but are nevertheless secretly labeled by the government as suspicious or worse. Innocent until proven guilty has been replaced with suspicious until determined otherwise. Think of it as a new shadow system of national identification for a shadow government that is increasingly averse to operating in the light. It’s an ID its “owners” don’t carry around with them, yet it’s imposed on them whenever they interact with government agents or agencies. It can alter their lives in disastrous ways, often without their knowledge. And they could be you. If this sounds dystopian, that’s because it is.
Paul Merrell

Fresno Police Roll Out Dystopian 'Threat Ranking' System - 0 views

www.mintpressnews.com/...212684

surveillance state Fresno citizen-threat-ranking Intrado Beware trade-secrets

shared by Paul Merrell on 12 Jan 16 - No Cached
  • “On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.” Though the intricate surveillance apparatus described above seems straight from a dystopic novel, it is actually the Washington Post’s recent description of the the visual data collection system employed by a local California police department. The police department in Fresno, California, has taken extreme measures to combat high rates of crime in the city. As the Post reports, Fresno’s Real Time Crime Center, buried deep in the police station’s headquarters, has developed as a response to what many police call increasing threats. The system, according to police officials, can “provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases” — a feature they say is increasingly important in the wake of events like the November terror attack in Paris and the San Bernardino shooting last month.
  • “Our officers are expected to know the unknown and see the unseen,” Fresno Chief of Police Jerry Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.” Programs similar to the Real Time Crime Center have launched in New York, Houston, and Seattle over the course of the last decade. Nationwide, the use of Stingrays, data fusion centers, and aerial drone surveillance have broadened the access local police have to private information. In another example, the FBI is continually developing a comprehensive biometric database that local police access every day. “This is something that’s been building since September 11,” says Jennifer Lynch, a senior attorney at the Electronic Frontier Foundation. Like the problem of police militarization, Lynch traces the trend back to the Pentagon: “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”
  • While many of these programs may fail to shock Americans, one new software program takes police scrutiny of private citizens to a new level. Beware, a software tool produced by tech firm Intrado, not only surveils the data of the citizens of Fresno, the first city to test it — it calculates threat levels based on what it discovers. The software scours arrest records, property records, Deep Web searches, commercial databases, and social media postings. By this method, it was able to designate a man with a firearm and gang convictions involved in a real-time domestic violence dispute as the highest of three threat levels: a bright red ranking. Fresno police say the intelligence from Beware aided them, as the man eventually surrendered and officers found he was armed with a gun. Beware scours billions of data points to develop rankings for citizens, and though few recoil at the thought of catching criminals and miscreants, the program provides particular cause for concern because of both its invasiveness and its fallibility.
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  • These shortcomings have sparked concern among Fresno’s city council members, who discussed the issue at a meeting in November. At that meeting, one council member cited an incident where a girl who posted on social media about a card game called “Rage” was consequently given an elevated threat ranking — all because “rage” could be a triggering keyword for Beware. At that same meeting, libertarian-leaning Republican councilman Clinton J. Olivier asked Chief Dyer to use the technology to calculate his threat level. In real-time, Olivier was given a green, or non-threatening ranking, but his home received a yellow, or medium, threat ranking. It was likely due to the record of his home’s prior occupant. “Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier told Dyer. “That may not be fair to me.” He added later, “[Beware] has failed right here with a council member as the example.” “It’s a very unrefined, gross technique,” Fresno civil rights attorney, Rob Nabarro, has said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen,” he noted, echoing Olivier’s worries.
  • Further, though Fresno police use Beware, they are left in the dark about how it determines rankings. Intrado designates the method a “trade secret,” and as such, will not share it with the officers who use it. This element of the software’s implementation has concerned civil rights advocates like Nabarro. He believes the secrecy surrounding the technology may result in unfair, unchecked threat rankings. Nabarro cautioned that between the software’s secrecy and room for error, Beware could accidentally rank a citizen as dangerous based on, for example, posts on social media criticizing police. This potential carries with it the ability for citizens to be punished not for actual crimes, but for exercising basic constitutional rights. Further, it compromises the rights of individuals who have been previously convicted of crimes, potentially using past behavior to assume guilt in unrelated future incidents. Chief Dyer insists concerns are exaggerated and that a particular score does not guarantee a particular police response. Police maintain the tools are necessary to fight crime. Nevertheless, following the heated November meeting, Dyer suggested he would work to turn off the color-coded threat ranking due to citizens’ concerns. “It’s a balancing act,” he admitted.
  • It remains to be seen if Fresno police and residents will move forward with the technology or shut it down over privacy concerns. City officials in Oakland, California, for example, recently scaled back plans to establish a Real Time Crime Center after outraged citizens protested. At the very least, as Northern California ACLU attorney Matt Cagle said, “[W]henever these surveillance technologies are on the table, there needs to be a meaningful debate. There needs to be safeguards and oversight.”
  • Paul Merrell on 12 Jan 16
     
    Claiming trade secrecy for the software's selection criteria for threat ranking actually constitutes policy policy, the trade secrecy claim would probably not survive judical review. It's at least arguably an unconstitutional delegation of a government function (ranking citizens as threats) to a private company. Police departments in Florida were sued to produce records of how a related surveillance device, the Stingray IMSI device that intercepts cell phone calls by mimicking a cell-phone tower, and only averted court-ordered disclosure of its trade secret workings by the FBI swooping in just before decision to remove all the software documentation from local police possession, custody, and control.    There is a long chain of case law holding that information that is legitimately trade secret and proprietary loses that protection if adopted by local or federal government as law. With a software program that classifies citizens as threats for governmental purposes if they meet the program's selection criteria, the software is performing a strictly governmental function that is in reality law. 
Paul Merrell

Tacoma, Wash. police use 'Stingray' system to sweep cellphone data | Al Jazeera America - 0 views

america.aljazeera.com/...tacoma-cell-surveillance.html

surveillance state stingrays IMSI ACLU-report

shared by Paul Merrell on 30 Aug 14 - No Cached
  • A Washington state police department just south of Seattle has for years been quietly using controversial surveillance equipment that can collect records of all cellphone calls, text messages and data transfers within a half-mile radius, according to local media. The Stingray surveillance system, deployed by the Tacoma Police Department since 2009, “tricks cellphones into thinking it’s a cell tower and draws in their information,” local news website The Olympian reported Wednesday. The device is reportedly capable of indiscriminate data collection, which worries civil rights advocates. The American Civil Liberties Union (ACLU) said it has identified at least 43 police departments in 18 states that use Stingray equipment. The rights group said on its website that police use of such a device may violate the U.S. Constitution's Fourth Amendment, and with taxpayers’ money.
  • "The result is that police gather the electronic serial numbers and other information about phones, as well as the direction and strength of each phone's signal, allowing precise location tracking,” the ACLU said. “Stingrays can also gather information about people's communications, such as which phone numbers they call. Because we carry our cellphones with us virtually everywhere we go, Stingrays can paint a precise picture of where we are and who we spend time with, including our location in a lover's house, in a psychologist's office or at a political protest." Tacoma Police Department’s Assistant Police Chief Kathy McAlpine said that officers only use Stingray with permission from a judge, and that they do not collect data. “It is used in felony-level crimes to locate suspects wanted for crimes such as homicide, rape, robbery, kidnapping, and narcotics trafficking,” McAlpine said. The department said the device has been used nearly 200 times since June.
  • The Tacoma City Council approved buying an updated version of the equipment in March 2013 on the grounds that it would be used to find improvised explosive devices. McAlpine said they have never used the Stingray to locate such a device. Civil rights groups said they are concerned about the possibility of indiscriminate data collection, and worry that police could store the data of innocent citizens. “They are essentially searching the homes of innocent Americans to find one phone used by one person,” said Christopher Soghoian, principal technologist with the ACLU in Washington, D.C. “It’s like they’re kicking down the doors of 50 homes and searching 50 homes because they don’t know where the bad guy is.” A similar controversy erupted in nearby Seattle last November, when  alternative news website The Stranger reported that a new apparatus capable of geo-locating and tracking the movement of any wireless device that passes it was quietly installed in a Seattle neighborhood.
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  • The U.S. Supreme Court unanimously ruled in June that warrantless searches of cellphone data were illegal in most cases. It is unclear how the ruling would apply to such a device that is capable of indiscriminate data collection, but police say it is not used for that purpose.
Paul Merrell

The US government doesn't want you to know the cops are tracking you | Trevor Timm | Co... - 0 views

www.theguardian.com/...ng-calls-stingray-surveillance

surveillance state local-law-enforcement location-data stingrays

shared by Paul Merrell on 15 Jun 14 - No Cached
  • All across America, from Florida to Colorado and back again, the country's increasingly militarized local police forces are using a secretive technology to vacuum up cellphone data from entire neighborhoods – including from people inside their own homes – almost always without a warrant. This week, numerous investigations by major news agencies revealed the US government is now taking unbelievable measures to make sure you never find out about it. But a landmark court ruling for privacy could soon force the cops to stop, even as the Obama administration fights to keep its latest tool for mass surveillance a secret.So-called International Mobile Subscriber Identity (IMSI) catchers – more often called their popular brand name, "Stingray" – have long been the talk of the civil liberties crowd, for the indiscriminate and invasive way these roving devices conduct surveillance. Essentially, Stingrays act as fake cellphone towers (usually mounted in a mobile police truck) that police can point toward any given area and force every phone in the area to connect to it. So even if you're not making a call, police can find out who you've been calling, and for how long, as well as your precise location. As Nathan Freed Wessler of the ACLU explained on Thursday, "In one Florida case, a police officer explained in court that he 'quite literally stood in front of every door and window' with his stingray to track the phones inside a large apartment complex."
  • Yet these mass surveillance devices have largely stayed out of the public eye, thanks to the federal government and local police refusing to disclose they're using them in the first place – sometimes, shockingly, even to judges. As the Associated Press reported this week, the Obama administration has been telling local cops to keep information on Stingrays secret from members of the news media, even when it seems like local public records laws would mandate their disclosure. The AP noted:Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • Some of the government's tactics to hide Stingray from journalists and the public have been downright disturbing. After the ACLU had filed a records request for information on Stingrays, the local police force initially told them that, yes, they had the documents and to come on down to the station to look at them. But just before an ACLU rep was due to arrive, US Marshals seized the records and hid them away at another location, in what Wessler describes as "a blatant violation of state open-records laws".The federal government has used various other tactics around the country to prevent disclosure of similar information.USA Today also published a significant nationwide investigation about the Stingray problem, as well as what are known as "cellphone tower dumps". When police agencies don't have Stingrays at their disposal, they can go to cell phone providers to get the cellphone location information of everyone who has connected to a specific cell tower (which inevitably includes thousands of innocent people). The paper's John Kelly reported that one Colorado case shows cellphone tower dumps got police "'cellular telephone numbers, including the date, time and duration of any calls,' as well as numbers and location data for all phones that connected to the towers searched, whether calls were being made or not."
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  • It's scary enough to think that the NSA is collecting so much information, but this mass location and metadata tracking at the local level all may be about to change. This week, the ACLU won a historic victory in the 11th Circuit Court of Appeals (serving Florida, Alabama and Georgia), which ruled that police need to get a warrant from a judge before extracting from your cellphone the location data obtained by way of a cell tower. This ruling will apply whether cops are going after one person, the whole tower and, one can assume, Stingrays. (The case was also argued by the aforementioned Wessler, who clearly is this month’s civil liberties Most Valuable Player.)This case has huge implications, and not just for the Stingrays secretly being used in Florida. It virtually guarantees the US supreme court will soon have to tackle the larger cellphone location question in some form – and whether police across the country have to finally start getting a warrant to find out where your precise location for days or weeks at a time. But as Stanford law professor Jennifer Granick wrote on Friday, it could also have an impact on NSA spying, which relies on the theory that indiscriminately collecting metadata is fair game until a court says otherwise.
  • You may be asking: how, exactly, are the local cops getting their hands on such advanced military technology? Well, the feds are, in many cases, giving away the technology for free. When the US government is not loaning police agencies their own Stingrays, the Defense Department and Homeland Security are giving federal grants to cops, which allow departments to purchase the gear at the cost of $400,000 a pop from defense contractors like Harris Corporation, which makes the Stingray brand.
  • Like Stingrays, and the NSA's phone dragnet before them, the militarization of America's local cops is a phenomenon that's only now getting widespread attention. As journalist Radley Balko, who wrote a seminal book on the subject two years ago, said this week, the Obama administration could easily limit these tactics to "cases of legitimate national security" – but has clearly chosen not to.No matter how much President Obama talks about how he has "maintained a healthy skepticism toward our surveillance programs", it seems the Most Transparent Administration in American History™ remains much more interested in maintaining a healthy, top-secret surveillance state.
Paul Merrell

ACLU sues over NSA surveillance program - The Washington Post - 0 views

www.washingtonpost.com/...2-a73e-826d299ff459_story.html

surveillance state NSA ACLU litigation

shared by Paul Merrell on 14 Jun 13 - No Cached
  • The American Civil Liberties Union filed a lawsuit Tuesday challenging the constitutionality of the U.S. government surveillance program that collects the telephone records of millions of Americans from U.S. telecommunications companies. It is the first substantive lawsuit following reports in The Washington Post and the Guardian last week that detailed two vast surveillance programs run by the National Security Agency under laws authorized by Congress after the attacks of Sept. 11, 2001.
  • The ACLU suit, filed in the U.S. District Court for the Southern District of New York, challenges the legality of the spy agency’s collection of customer “metadata,” including the phone numbers dialed and the length of calls. The lawsuit asks the court to force the government to end the program and purge any records it has collected, and to declare that the surveillance is unconstitutional.
  • The program, details of which were first disclosed by the Guardian, collects such information, used by intelligence analysts to detect patterns and personal connections, on every phone call made or received by U.S. customers of major American phone companies. The once-secret program was acknowledged last week by Director of National Intelligence James R. Clapper Jr., who is named in the ACLU lawsuit.
Paul Merrell

The Pentagon's slush fund is arming a War Zone on Main Street. Let's end the local-cop ... - 0 views

www.theguardian.com/...rica-militarized-police-forces

police-militarization

shared by Paul Merrell on 01 Jul 14 - No Cached
  • What many other communities across America have learned since is that we're living in what the writer Radley Balko calls the age of the "warrior cop". And when warrior cops want a straight-outta-Baghdad toy, it's increasingly and unnecessarily simple for them to use a federally enabled slush-fund to wreak havoc – particularly against minorities, and even at a pumpkin festival. It's also pretty simple to start accounting for all the high-tech violence."Before another small town's police force gets a $700,000 gift from the Defense Department that it can't maintain or manage," Rep Hank Johnson of Georgia told me this week, "we need to press pause and revisit the merits of a militarized America."
  • The ACLU released a devastating report this week examining more than 800 incidents of Swat team deployments conducted by 20 law enforcement agencies between 2010 and 2013. It's a small sample of the estimated 45,000 deployments that occur in the US each year (up from 1,400% from the '80s), but the report reveals a picture of law enforcement as flash-bang assault unit, with hardly an actual suspect in harm's way: pandemonium in a baby's crib; a grandfather of 12 killed by a discharged gun; Swat officers gunning down a mother as she died, child in her arms. According to the ACLU study, 79% of the incidents surveyed involved a Swat team searching a person's home, and more than 62% of the cases involved searches for drugs. That's not what Swat teams were made for.America is winding down wars abroad – depending on what the hell happens in Iraq, of course – but we are fueling an addiction to armed conflict here at home.As Balko notes in his book, The Rise of the Warrior Cop, "America's cops have increasingly come to resemble ground troops."
  • But the federal government has been enabling even more localized branches of law enforcement to get its hands on heavy-duty artillery for the last 20 years, when the Reagan administration formalized the Pentagon's so-called 1033 Program. It sends "excess" military equipment to local police departments, and combined with the Homeland Security operation that provides grants to purchase such equipment, we've got a veritable firearms sale funnelling from Washington on down to the local station house. And when local law enforcement is making hundreds of thousands of dollars off seized drug money – sometimes illegally – you've got the makings of a War Zone on Main Street.Rep Johnson has plans to introduce a bill that would reform the 1033 Program, which donated at least $500bn per year in military gear to virtually every police department in the country. "We not only lack serious oversight and accountability," Johnson wrote me in an email on Tuesday, "but we need some parameters put in place for what is appropriate." His legislation would put limitations on the transfer of certain kinds of military-grade equipment, and require the Pentagon to account for transfers of all such equipment in an annual report to Congress.
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  • The ACLU also made several recommendations in its report – state laws to restrain Swat teams, plus transparency and strict oversight – that all make sense, as do training sessions for more of our trigger-happy "rescue" officers. But this was perhaps the most endemic part of that report:Overall, 42% of people impacted by a Swat deployment to execute a search warrant were black and 12% were Latino. This means that of the people impacted by deployments for warrants, at least 54% were minorities.Whether this is by accident or design, the racial reality of America's militarized law enforcement offers yet another compelling reason why the dangerous trend of warrior-style policing needs to be re-examined – and then reversed.When the first Swat team was deployed in the late '60s, its target was a single remaining cell of the Black Panthers. Nearly half a century later, all the nation's a theater, and we are merely the pumpkin eaters – with half a million bucks worth of smashing, exploding, high-artillery gear for the taking.
Paul Merrell

NSA Surveillance Chilling Effects: HRW and ACLU Gather More Evidence | Electronic Front... - 0 views

www.eff.org/...-surveillance-chilling-effects

surveillance state NSA ACLU HRW report 1st-Amendment-chill

shared by Paul Merrell on 31 Jul 14 - No Cached
  • Human Rights Watch and the ACLU today published a terrific report documenting the chilling effect on journalists and lawyers from the NSA's surveillance programs entitled: "With Liberty to Monitor All: How Large-Scale US Surveillance is Harming Journalism, Law and American Democracy." The report, which is chock full of evidence about the very real harms caused by the NSA's surveillance programs, is the result of interviews of 92 lawyers and journalists, plus several senior government officials.  This report adds to the growing body of evidence that the NSA's surveillance programs are causing real harm.  It also links these harms to key parts of both U.S. constitutional and international law, including the right to counsel, the right of access to information, the right of association and the free press. It is a welcome addition to the PEN report detailing the effects on authors, called Chilling Effects: How NSA Surveillance Drives US Writers to Self-Censor and the declarations of 22 of EFF's clients in our First Unitarian Church of Los Angeles v. NSA case. 
  • The HRW and ACLU report documents the increasing treatment of journalists and lawyers as legitimate surveillance targets and surveys how they are responding. Brian Ross of ABC says: There’s something about using elaborate evasion and security techniques that’s offensive to me—that I should have to operate as like a criminal, like a spy. The report also notes that the government increasingly likens journalists to criminals. As Scott Shane of the New York Times explains: To compare the exchange of information about sensitive programs between officials and the media, which has gone on for decades, to burglary seems to miss the point. Burglary is not part of a larger set of activities protected by the Constitution, and at the heart of our democracy. Unfortunately, that mindset is sort of the problem. Especially striking in the report is the disconnect between the real stories of chilling effects from reporters and lawyers and the skeptical, but undocumented, rejections from senior government officials.  The reporters explain difficulties in building trust with their sources and the attorneys echo that with stories about the difficulties building client trust.  The senior government officials, in contrast, just say that they don't believe the journalists and appear to have thought little, if at all about the issues facing lawyers.  
Paul Merrell

The White House Has Been Covering Up the Presidency's Role in Torture for Years - The I... - 0 views

firstlook.org/...esidencys-role-torture-4-years

war & peace torture CIA Obama-coverup Bush-II Senate-Intelligence-Committee ACLU FOIA war crimes

shared by Paul Merrell on 15 Mar 14 - No Cached
  • On May 10, 2013, John Brennan presented CIA’s response to the Senate Intelligence Committee Torture Report to the President. Official White House Photo by Pete Souza. The fight between the CIA and the Senate Intelligence Committee over the Committee’s Torture Report – which Dan Froomkin covered here – has now zeroed in on the White House. Did the White House order the CIA to withdraw 920 documents from a server made available to Committee staffers, as Senator Dianne Feinstein says the agency claimed in 2010? Were those documents – perhaps thousands of them – pulled in deference to a White House claim of executive privilege, as Senator Mark Udall and then CIA General Counsel Stephen Preston suggested last fall? And is the White House continuing to withhold 9,000 pages of documents without invoking privilege, as McClatchy reported yesterday? We can be sure about one thing: The Obama White House has covered up the Bush presidency’s role in the torture program for years. Specifically, from 2009 to 2012, the administration went to extraordinary lengths to keep a single short phrase, describing President Bush’s authorization of the torture program, secret.
  • As Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy, noted  in 2009 – shortly after Hayden revealed that torture started as a covert operation – this means there should be a paper trail implicating President Bush in the torture program. “[T]here should be a Presidential ‘finding’ authorizing the program,” he said, “and [] such a finding should have been provided to Congressional overseers.” The National Security Act dictates that every covert operation must be supported by a written declaration finding that the action is necessary and important to the national security. The Congressional Intelligence committees – or at least the Chair and Ranking Member – should receive notice of the finding. But there is evidence that those Congressional overseers were never told that the finding the president signed on September 17, 2001 authorized torture. For example, a letter from then ranking member of the House Intelligence Committee, Jane Harman, to the CIA’s General Counsel following her first briefing on torture asked: “Have enhanced techniques been authorized and approved by the President?” The CIA’s response at the time was simply that “policy as well as legal matters have been addressed within the Executive Branch.”
  • Nevertheless, the finding does exist. The CIA even disclosed its existence in response to the ACLU FOIA, describing it as “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists.” In an order in the ACLU suit, Judge Alvin K. Hellerstein confirmed that the declaration was “intertwined with” the administration’s effort to keep the language in the Tenet document hidden. When the administration succeeded in keeping that short phrase secret, all effort to release the declaration also ended.
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  • Enduring confusion about this particular finding surely exists because of its flexible nature. As Bob Woodward described in Bush at War, CIA Director Tenet asked President Bush to sign “a broad intelligence order permitting the CIA to conduct covert operations without having to come back for formal approval for each specific operation.” As Jane Mayer described in The Dark Side, such an order not only gave the CIA flexibility, it also protected the President. “To give the President deniability, and to keep him from getting his hands dirty, the finding called for the President to delegate blanket authority to Tenet to decide on a case-by-case basis whom to kill, whom to kidnap, whom to detain and interrogate, and how.” When George Tenet signed written guidelines for the CIA’s torture program in 2003, however, he appeared to have deliberately deprived the President of that deniability by including the source of CIA’s authorization – presumably naming the President – in a document interrogators would see. You can’t blame the CIA Director, after all; Tenet signed the Guidelines just as CIA’s Inspector General and DOJ started to review the legality of the torture tactics used against detainees like Abd al-Rahim al-Nashiri, who was threatened with a drill and a gun in violation of DOJ’s ban on mock executions.
  • The White House’s fight to keep the short phrase describing Bush’s authorization of the torture program hidden speaks to its apparent ambivalence over the torture program. Even after President Obama released the DOJ memos authorizing torture – along with a damning CIA Inspector General Report and a wide range of documents revealing bureaucratic discussions within the CIA about torture – the White House still fought the release of the phrase that would have made it clear that the CIA conducted this torture at the order of the president. And it did so with a classified declaration from Jones that would have remained secret had Judge Hellerstein not insisted it be made public. As Aftergood noted, such White House intervention in a FOIA suit is rare. “The number of times that a national security advisor has filed a declaration in a FOIA lawsuit is vanishingly small,” he said. “It almost never happens.” But as ACLU Deputy Legal Director Jameel Jaffer noted of the finding, “It was the original authority for the CIA’s secret prisons and for the agency’s rendition and torture program, and apparently it was the authority for the targeted killing program as well.  It was the urtext.  It’s remarkable that after all this time it’s still secret.”
  • President Obama’s willingness to go to such lengths to hide this short phrase may explain the White House’s curious treatment of potentially privileged documents with the Senate now – describing President Bush’s authorization of the torture program and its seemingly contradictory stance supporting publishing the Torture Report while thwarting its completion by withholding privileged documents. After all, the documents in question, like the reference to the presidential finding, may deprive the President of plausible deniability. Furthermore, those documents may undermine one of the conclusions of the Torture Report. According to Senator Ron Wyden, the Senate Torture Report found that “the CIA repeatedly provided inaccurate information about its interrogation program to the White House.” Perhaps the documents reportedly withheld by the White House undermine this conclusion, and instead show that the CIA operated with the full consent and knowledge of at least some people within the White House. Finally, the White House’s sensitivity about documents involved in the torture program may stem from the structure of the finding. As John Rizzo made clear, the finding authorizes not just torturing, but killing, senior al Qaeda figures. Bob Woodward even reported that that CIA would carry out that killing using Predator drones, a program CIA still conducts. And in fact, when the Second Circuit ultimately ruled to let the White House to keep the authorization phrase secret, it did so because the phrase also relates to “a highly classified, active intelligence activity” and “pertains to intelligence activities unrelated to the discontinued [torture] program.” Given what we know about the September 17, 2001 finding, that may well refer to President Obama’s still active drone program.
  • In any case, the White House’s seemingly contradictory statements about the Torture Report might best be understood by its past treatment of CIA documents. By releasing the DOJ memos and other materials, the White House provided what seemed to be unprecedented transparency about what the CIA had done. But all the while it was secretly hiding language describing what the White House has done.
  • Paul Merrell on 15 Mar 14
     
    See also U.N. Convention Against Torture, which the U.S. is a party to. http://www.un.org/documents/ga/res/39/a39r046.htm
Paul Merrell

Tomgram: Todd Miller, The Creation of a Border Security State | TomDispatch - 0 views

www.tomdispatch.com/...ion_of_a_border_security_state

security state Constitution constitution-free-zones Border-Patrol surveillance state

shared by Paul Merrell on 22 Apr 14 - No Cached
  • Sometimes you really do need a map if you want to know where you are.  In 2008, the ACLU issued just such a map of this country and it’s like nothing ever seen before.  Titled “the Constitution-Free Zone of the United States,” it traces our country’s borders.  Maybe you’re already tuning out.  After all, you probably don’t think you live on or near such a border.  Well, think again.  As it happens, in our brave, new, post-9/11 world, as long as we’re talking “homeland security” or “war on terror,” anything can be redefined.  So why not a border? Our borders have, conveniently enough, long been Constitution-free zones where more or less anything goes, including warrantless searches of various sorts.  In the twenty-first century, however, the border itself, north as well as south, has not only been increasingly up-armored, but redefined as a 100-mile-wide strip around the United States (and Alaska).  In other words -- check that map again -- our “borders” now cover an expanse in which nearly 200 million Americans, or two-thirds of the U.S. population, live.  Included are nine of the 10 largest metropolitan areas.  If you live in Florida, Maine, or Michigan, for example, no matter how far inland you may be, you are “on the border.”
  • Imagine that.  And then imagine what it means.  U.S. Customs and Border Protection, as Todd Miller points out today, is not only the largest law enforcement agency in the country you know next to nothing about, but the largest, flat and simple.  Now, its agents can act as if the Constitution has been put to bed up to 100 miles inland anywhere.  This, in turn, means -- as the ACLU has written -- that at new checkpoints and elsewhere in areas no American would once have considered borderlands, you can be stopped, interrogated, and searched “on an everyday basis with absolutely no suspicion of wrongdoing.” Under the circumstances, it’s startling that, since the ACLU made its case back in 2008, this new American reality has gotten remarkably little attention.  So it’s lucky that TomDispatch regular Miller's invaluable and gripping book, Border Patrol Nation: Dispatches from the Front Lines of Homeland Security, has just been published.  It’s an eye opener, and it’s about time that “border” issues stopped being left to those on the old-fashioned version of the border and immigration mavens.  It’s a subject that, by definition, now concerns at least two-thirds of us in a big way.
  • Border Security Expo 2014 catches in one confined space the expansiveness of a “booming” border market. If you include “cross-border terrorism, cyber crime, piracy, [the] drug trade, human trafficking, internal dissent, and separatist movements,” all “driving factor[s] for the homeland security market,” by 2018 it could reach $544 billion globally. It is here that U.S. Homeland Security officials, local law enforcement, and border forces from all over the world talk contracts with private industry representatives, exhibit their techno-optimism, and begin to hammer out a future of ever more hardened, up-armored national and international boundaries. The global video surveillance market alone is expected to be a $40 billion industry by 2020, almost three times its $13.5 billion value in 2013. According to projections, 2020 border surveillance cameras will be capturing 3.4 trillion video hours globally. In case you were wondering, that’s more than 340 million years of video footage if you were watching 24 hours a day.
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  • It is in the U.S. borderlands that, as anthropologist Josiah Heyman once wrote, the U.S. government’s modern expertise in creating and tracking "a marked population” was first developed and practiced. It involved, he wrote prophetically, “the birth and development of a... means of domination, born of the mating between moral panics about foreigners and drugs, and a well-funded and expert bureaucracy.” You may not be able to watch them at the Border Security Expo, but in those borderlands -- make no bones about it -- the Department of Homeland Security, with its tripartite missions of drug interdiction, immigration enforcement, and the war on terror, is watching you, whoever you are. And make no bones about this either: our borders are widening and the zones in which the watchers are increasingly free to do whatever they want are growing.
  • In March, U.S. Customs and Border Protection (CBP) awarded a $145 million contract to that Israeli company through its U.S. division. Elbit Systems prides itself on having spent “10+ years securing the world’s most challenging borders,” above all deploying similar “border protection systems” to the separation wall between Israel and Palestine. It is now poised to enter U.S. indigenous lands.
  • Now, thanks to the Elbit Systems contract, a new kind of border will continue to be added to this layering.  Imagine part of the futuristic Phoenix exhibition hall leaving Border Expo with the goal of incorporating itself into the lands of a people who were living here before there was a “New World,” no less a United States or a Border Patrol. Though this is increasingly the reality from Brownsville, Texas, to San Diego, California, on Tohono O’odham land a post-9/11 war posture shades uncomfortably into the leftovers from a nineteenth century Indian war.  Think of it as the place where the homeland security state meets its older compatriot, Manifest Destiny.
Paul Merrell

Emails Show Feds Asking Florida Cops to Deceive Judges | Threat Level | WIRED - 0 views

www.wired.com/...-deceive-courts-about-stingray

surveillance state stingrays parallel-construction location-data litigation

shared by Paul Merrell on 25 Jun 14 - No Cached
  • Police in Florida have, at the request of the U.S. Marshals Service, been deliberately deceiving judges and defendants about their use of a controversial surveillance tool to track suspects, according to newly obtained emails. At the request of the Marshals Service, the officers using so-called stingrays have been routinely telling judges, in applications for warrants, that they obtained knowledge of a suspect’s location from a “confidential source” rather than disclosing that the information was gleaned using a stingray. A series of five emails (.pdf) written in April, 2009, were obtained today by the American Civil Liberties Union showing police officials discussing the deception. The organization has filed Freedom of Information Act requests with police departments throughout Florida seeking information about their use of stingrays.
  • The initial email, which bears the subject line “Trap and Trace Confidentiality,” was sent by Sarasota police Sgt. Kenneth Castro to colleagues at the North Port (Florida) Police Department. It was sent after Assistant State Attorney Craig Schaefer contacted police to express concern about an application for a probable cause warrant filed by a North Port police detective. The application “specifically outlined” for the court the investigative means used to locate the suspect. Castro informs his colleague that the application should be revised to conceal the use of the surveillance equipment. “In the past,” Castro writes, “and at the request of the U.S. Marshalls (sic), the investigative means utilized to locate the suspect have not been revealed so that we may continue to utilize this technology without the knowledge of the criminal element. In reports or depositions we simply refer to the assistance as ‘received information from a confidential source regarding the location of the suspect.’ To date this has not been challenged, since it is not an integral part of the actual crime that occurred.”
  • He then requests that “If this is in fact one of your cases, could you please entertain either having the Detective submit a new PCA and seal the old one, or at minimum instruct the detectives for future cases, regarding the fact that it is unnecessary to provide investigative means to anyone outside of law enforcement, especially in a public document.” Capt. Robert Estrada, at the North Port Police Department, later confirmed in an email, “[W]e have changed the PCA within the agency after consulting with the [State Attorney's Office]. The PCA that was already within the court system according to the SAO will have to remain since it has already been submitted. At some point and time the SAO will submit the changed document as an addendum. We have implemented within our detective bureau to not use this investigative tool on our documents in the future.”
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  • The release of the emails showing interference by a state attorney and the U.S. Marshals Service comes two weeks after agents from the Marshals Service took the extraordinary measure of seizing other public documents related to stingrays from the Sarasota Police Department in order to prevent the ACLU from examining them. The documents, which were responsive to a FOIA request seeking information about Sarasota’s use of the devices, had been set aside for ACLU attorneys to examine in person. But hours before they arrived for the appointment to view the documents, someone from the Marshals Service swooped in to seize the documents and cart them to another location. ACLU staff attorney Nathan Freed Wessler called the move “truly extraordinary and beyond the worst transparency violations” the group has seen regarding documents detailing police use of the technology.
  • Paul Merrell on 25 Jun 14
     
    Unfortunately for the cops, stingrays also provide location information. See http://www.wired.com/2014/03/harris-stingray-nda/ That brings them directly within the scope of a ruling a few days ago by the Eleventh U.S. Circuit Court of Appeals (territory includer Florida) that law enforcement must obtain a warrant based on probable cause to believe that a crime has occurred in order to use a device that provides location data. http://www.ca11.uscourts.gov/opinions/ops/201212928.pdf
Paul Merrell

CIA Seeks More Time to Declassify Interrogation Documents - Secrecy News - 0 views

blogs.fas.org/...cia-more-time

war & peace CIA torture declassification FOIA litigation Senate-Intelligence_Committee-Report

shared by Paul Merrell on 16 May 14 - No Cached
  • The Central Intelligence Agency today asked a court to allow more time to declassify its response to the Senate Select Committee on Intelligence report on CIA rendition, detention and interrogation (RDI) activities, which itself is undergoing a time-consuming declassification review. “This complex process requires the careful review of over 500 pages of highly classified material. In addition, sufficient time must be allowed not only for coordination with other agencies, but — after completion of declassification review — for implementation of security measures to ensure the safety of U.S. personnel and facilities overseas,” according to a May 15 motion filed by the government in a FOIA lawsuit brought by the ACLU. “Due to the fluid nature of this process, aspects of which are beyond the CIA’s control, the Agency does not yet have a firm date by which it can complete the processing of the CIA Response [to the SSCI report] and the so-called Panetta Report, although it hopes the declassification review and accompanying processing of those documents can be completed this summer.” The CIA therefore requested an extension of time to respond, to which the ACLU plaintiffs did not consent.
  • With respect to the Senate Intelligence Committee report itself, the government promised an “expeditious” declassification review of the executive summary, findings, and conclusions. “While all declassification decisions are guided by the need to protect national security interests, the President has expressed a clear intent to declassify as much of the executive summary, findings, and conclusions of the SSCI Report as possible, and intends the declassification process to be expeditious,” the government motion said. According to an April 18 letter from then-White House counsel Katherine Ruemmler, appended to the new motion, “The President supports making public the Committee’s important review of the historical RDI program, as he believes that public scrutiny and debate will help to inform the public understanding of the program and to ensure that such a program will not be contemplated by a future administration.
  • Paul Merrell on 16 May 14
     
    Horse puckey. The quoted article is misleading, attempting to conflate two distinct sets of documents that the Court ordered the CIA to disclose after removing all properly classified information. The duty to disclose segregable portions of  records that are not classified has been in place since the early 70s. It should have been done without a lawsuit having been filed and litigated. I.e.,it was a court order the CIA knew was coming since it first received the FOIA request from the ACLU. One set is the CIA response to the Senate Committee. The other set is the DoJ's Office of Legal Counsel memoranda on the legality of torture techniques. not documents documenting the torture itself and not the CIA response to the Senate Committee. Even if he CIA really needed more time for the documents in the Senate group, the legal memoranda could be shorn of classified information in a mater of hours, not days, weeks, or months.  It's the legal memoranda disclosure that CIA and DOJ are really trying to delay. At least two of them were written and/or signed by a former head of the DoJ Office of Legal Counsel whose nomination to the First Circuit Court of Appeals is now pending in Congress. And it's crystal clear that he signed memoranda arguing that torture was legal, which bears directly on his fitness to become a federal appellate judge. It takes a lawyer without ethics or morality to argue that torture is legal. It's not, under either U.S. law or the Geneva Conventions governing warfare. Neither  is grabbing people and turning them over to other governments for torture.  Those memoranda will establish that the nominee is a war criminal. We know this because we have already had a preview in the form of a white paper on the topic released by the White House last year that it's known the same nominee had worked on. And the legal arguments in that white paper are preposterous.   The delay attempt is transparently in aid of pushing that nomination through Congress before
Paul Merrell

How a false witness helped the CIA make a case for torture | Al Jazeera America - 0 views

america.aljazeera.com/...false-witness-ciatorture.html

war & peace CIA torture NSA lies

shared by Paul Merrell on 24 Dec 14 - No Cached
  • Buried amid details of “rectal rehydration” and waterboarding that dominated the headlines over last week’s Senate Intelligence Committee findings was an alarming detail: Both the committee’s summary report and its rebuttal by the CIA admit that a source whose claims were central to the July 2004 resumption of the torture program  — and, almost certainly, to authorizing the Internet dragnet collecting massive amounts of Americans’ email metadata — fabricated claims about an election year plot. Both the torture program and President Bush's warrantless wiretap program, Stellar Wind, were partly halted from March through June of 2004. That March, Assistant Attorney General Jack Goldsmith prepared to withdraw Pentagon authorization for torture, amid growing concern following the publication of pictures of detainee abuse at Iraq's Abu Ghraib, and a May 2004 CIA inspector general report criticizing a number of aspects of the Agency's interrogation program. On June 4, 2004, CIA Director George Tenet suspended the use of torture techniques.
  • During the same period, the DOJ lawyers who pushed to stop torture were also persuading President George W. Bush to halt aspects of Stellar Wind, a program that conducted warrantless wiretapping of Americans’ communications inside the U.S., on top of the Internet metadata. After a dramatic confrontation in the hospital room of Attorney General John Ashcroft on March 10, 2004, acting Attorney General Jim Comey and Goldsmith informed Bush there was no legal basis for parts of the program. Ultimately, Bush agreed to modify aspects of it, in part by halting the collection of Internet metadata. But even as Bush officials suspended that part of the program on March 26, they quickly set about finding legal cover for its resumption. One way they did so was by pointing to imminent threats — such as a planned election-season attack — in the United States.
  • The CIA in March 2004 received reporting from a source the torture report calls "Asset Y,” who said a known Al-Qaeda associate in Pakistan, Janat Gul — whom CIA at the time believed was a key facilitator — had set up a meeting between Asset Y and Al-Qaeda's finance chief, and was helping plan attacks inside the United States timed to coincide with the November 2004 elections. According to the report, CIA officers immediately expressed doubts about the veracity of the information they’d been given by Asset Y. A senior CIA officer called the report "vague" and "worthless in terms of actionable intelligence." He noted that Al Qaeda had already issued a statement “emphasizing a lack of desire to strike before the U.S. election” and suggested that since Al-Qaeda was aware that “threat reporting causes panic in Washington” and inevitably results in leaks, planting a false claim of an election season attack would be a good way for the network to test whether Asset Y was working for its enemies. Another officer, assigned to the group hunting Osama bin Laden, also expressed doubts. In its rebuttal to the Senate report, the CIA argues the agency was right to take seriously Asset Y’s reporting , in spite of those initial doubts. The CIA wrote numerous reports about the claim “even as we worked to resolve the inconsistencies.” Reports from detainee Hassan Ghul, who was captured in January 2004, supported the possibility that a cell of Al-Qaeda members in Pakistan’s tribal areas might be planning a plot of which he was unaware. And the CIA corroborated other parts of Asset Y's reporting.
  • ...5 more annotations...
  • Still, the CIA had one further reason for doubting claims that Gul was at the center of an Al-Qaeda election-year plot. Ghu told the CIA about an attempt by Gul, in the fall of 2003, to sell anti-aircraft missiles to Al-Qaeda; the Qaeda figure in Ghul’s story didn't even want to work with Gul. And Ghul later learned Gul was probably lying about his ability to acquire the missiles.
  • Nevertheless, the CIA took seriously Asset Y’s claim that Gul was involved in an election plot and moved quickly to gain custody of him after his arrest by Pakistan in June 2004. Even before CIA rendered Gul to its custody, Tenet started lobbying to get torture techniques reapproved for his interrogation. On June 29, Tenet wrote National Security Adviser Condoleezza Rice seeking approval to once again use some of the techniques whose use he suspended less than four weeks earlier, in the hope of gathering information on the election season plot. "Given the magnitude of the danger posed by the pre-election plot and Gul's almost certain knowledge of any intelligence about that plot” Tenet wrote, relying on Asset Y's claims, “I request the fastest possible resolution of the above issues." On July 20, according to the report, top administration officials gave CIA verbal approval to get back into the torture business. Ashcroft stated that most previously approved interrogation techniques would not violate U.S. law on July 22 (though not waterboarding). And by the end of July, CIA started coaxing DOJ to approve other techniques — such as slapping someone in the stomach or hosing them down with cold water or limiting their food — which had already been used by the CIA but never officially approved by DOJ.
  • At the same time, the government was also using the ostensible election-season plot, among others, to persuade the Foreign Intelligence Surveillance Court (FISC) – the secret court that approves domestic spying on Americans – to authorize the Internet dragnet. After Bush halted the Internet dragnet on March 26, his aides began working with FISC presiding judge Colleen Kollar-Kotelly to find a way to use FISA authority -- normally been used to access records for a single phone or Internet account -- to collect Internet metadata in bulk. They provided a series of briefings, including one attended by Terrorist Threat Integration Center head John Brennan and CIA Director George Tenet, to explain the threat. In addition, they provided what – under Stellar Wind – analysts called a “scary memo,” summarizing all the threats facing the country to underscore the urgency of the program. Tenet's declaration included as an appendix to an application submitted in the days before July 14, 2004, laid out the threats CIA and others were fighting that summer.
  • Judge Kollar-Kotelly invoked Tenet's material in a redacted section of her opinion authorizing the phone dragnet, pointing to it as a key reason to permit collection of what she called “enormous” amounts of data from innocent Americans.
  • Soon after the reauthorization of the torture and the Internet dragnet, the CIA realized ASSET Y's story wasn't true. By September, an officer involved in Janat Gul's interrogation observed, “we lack credible information that ties him to pre-election threat information or direct operational planning against the United States, at home or abroad.” In October, CIA reassessed ASSET Y, and found him to be deceptive. When pressured, ASSET Y admitted had had made up the story of a meeting set up by Gul. ASSET Y blamed his CIA handler for pressuring him for intelligence, leading him to lie about the meeting. By 2005, CIA had concluded that ASSET Y was a fabricator, and Janat Gul was a “rather poorly educated village man [who is] quite lazy [who] was looking to make some easy money for little work and he was easily persuaded to move people and run errands for folks on our target list” (though the Agency wasn't always forthright about the judgment to DOJ). The torture program, which was resumed in part because of a perceived urgency of extracting information from Gul on a plot that didn't exist, continued for several more years. The Internet dragnet continued under FISC authorization, on and off, until December 2011. And several other still active NSA programs, including the phone dragnet, relied on Kollar-Kotelly's earlier authorization as precedents – the case for which had also been derived, in part, from one long discredited fabricator.
Paul Merrell

Ex-Chief of C.I.A. Shapes Response to Detention Report - NYTimes.com - 0 views

www.nytimes.com/...-on-interrogation-program.html

war & peace CIA torture Tenet Brennan Obama Senate-Intelligence_Committee-Report cover-up must-read

shared by Paul Merrell on 05 Aug 14 - No Cached
  • Just after the Senate Intelligence Committee voted in April to declassify hundreds of pages of a withering report on the Central Intelligence Agency’s detention and interrogation program, C.I.A. Director John O. Brennan convened a meeting of the men who had played a role overseeing the program in its seven-year history.The spies, past and present, faced each other around the long wooden conference table on the seventh floor of the C.I.A.’s headquarters in Northern Virginia: J. Cofer Black, head of the agency’s counterterrorism center at the time of the Sept. 11 attacks; the undercover officer who now holds that job; and a number of other former officials from the C.I.A.’s clandestine service. Over the speakerphone came the distinctive, Queens-accented voice of George J. Tenet.
  • Ms. Feinstein agreed to let a group of former senior C.I.A. officials read a draft of the report, although she initially insisted they be allowed to review it only at the committee’s office. Officials said President Obama’s chief of staff, Denis McDonough, intervened and brokered an arrangement in which the officials could read an unredacted version of the report inside a secure room at the office of the Director of National Intelligence. Ms. Feinstein declined to comment.
  • Mr. Tenet, who declined to be interviewed for this article, has arranged a number of conference calls with former C.I.A. officials to discuss the impending report. After private conversations with Mr. Brennan, he and two other former C.I.A. directors — Porter J. Goss and Michael V. Hayden — drafted a letter to Mr. Brennan asking that, as a matter of fairness, they be allowed to see the report before it was made public. Describing the letter, one former C.I.A. officer who spoke on condition of anonymity said that the former directors “think that those people who were heavily involved in the operations have a right to see what’s being said about them.”Mr. Brennan then passed the letter to Senator Dianne Feinstein, the California Democrat who is chairwoman of the Senate Intelligence Committee.
  • ...4 more annotations...
  • Over the past several months, Mr. Tenet has quietly engineered a counterattack against the Senate committee’s voluminous report, which could become public next month. The effort to discredit the report has set up a three-way showdown among former C.I.A. officials who believe history has been distorted, a White House carefully managing the process and politics of declassifying the document, and Senate Democrats convinced that the Obama administration is trying to protect the C.I.A. at all costs.The report is expected to accuse a number of former C.I.A. officials of misleading Congress and the White House about the program and its effectiveness, but it is Mr. Tenet who might have the most at stake.
  • “While former C.I.A. officials may be working to hide their own past wrongs, there’s no reason Brennan or any other current C.I.A. official should help facilitate the defense of the indefensible,” said Christopher Anders, senior legislative counsel at the American Civil Liberties Union.Spokesmen for the C.I.A. and the White House declined to comment.
  • The April meeting at C.I.A. headquarters highlighted how much of the agency is still seeded with officers who participated in the detention and interrogation program, which Mr. Obama officially ended during his first week in office in 2009.At one point during the meeting, the current head of the counterterrorism center, an officer with the first name Mike, told Mr. Brennan that roughly 200 people under his leadership had at some point participated in the interrogation program. They wanted to know, he said, how Mr. Brennan planned to defend them in public against accusations that the C.I.A. engaged in systematic torture and lied about its efficacy.
  • Mr. Tenet resigned a decade ago amid the wash of recriminations over the C.I.A.’s botched Iraq assessments, and he has given few interviews since his book tour.
  • Paul Merrell on 05 Aug 14
     
    Major Obama scandal brewing here. The current head of the CIA, John Brennan, has been caught conspiring with former CIA heads and others to counter the Senate Intelligence Committee's pending report on CIA torture and extraordinary rendition, even as Brennan works to delay the report summary's publication by censoring it, resulting in delay while the Committee argues with the CIA over the deletions. All of which sharply contrasts with Obama's publicly expressed desire to have the report published promptly.    The article also makes a very strong case that those CIA officials who participated in the torture and rendition program have been enabled, on Obama's watch, to act as the censors of the Senate Report.  A must-read
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