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Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Ille... - 0 views

  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
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    An important test case on the constitutionality of stingray mobile device surveillance.
Paul Merrell

Baltimore Police Have Been Secretly Spying On Entire City From The Air - 0 views

  • Baltimore Police didn’t bother to inform the public (or anyone, for that matter) when they implemented a privately-funded mass surveillance program in January using a wide-angle camera-equipped plane flying above the city — which instantly uploaded and stored everything it recorded, just in case they needed it later. As Bloomberg’s Monte Reel reports, a small Cessna plane equipped with “a sophisticated array of cameras” capable of capturing “an area of roughly 30 square miles,” funded by an a private donor and provided by Dayton, Ohio-based Persistent Surveillance Systems, sometimes circled above the city for up to 10 hours per day recording and storing everything without anyone being privy to its presence. Since January, Reel noted, the Baltimore Police Department has been using this covert Big Brother’s eye-in-the-sky “to investigate all sorts of crimes, from property thefts to shootings.” Gone, apparently, are the days when the government’s surveillance state drew ire for attempting to ferret out potential terrorists — residents of Baltimore have been guinea pigs for an altogether more insidious spy dragnet. Persistent Surveillance Systems’ technology automatically stores all the footage on massive hard drives, making it available to law enforcement long afterward — but the idea police could access this information to solve a simple property crime is no less than alarming.
  • Particularly considering the company’s founder has an intense military background. Ross McNutt, Bloomberg reports, “is an Air Force Academy graduate, physicist, and MIT-trained astronautical engineer who in 2004 founded the Air Force’s Center for Rapid Product Development. The Pentagon asked him if he could develop something to figure out who was planting the roadside bombs that were killing and maiming American soldiers in Iraq. In 2006 he gave the military Angel Fire, a wide-area, live-feed surveillance system that could cast an unblinking eye on an entire city.” Though the technology had imperfections — even determining the gender of a person on the ground was impossible — its TiVo-like capabilities more than made up for any shortcomings. A person of interest could be followed by rewinding footage after, say, an IED exploded roadside, to track their movements — even if the cameras weren’t focused directly on the explosion at the moment it occurred. If the cameras were in the air at the time, anything that happened was fully trackable both back and forward in time. McNutt’s pitch for his technology concisely summarized, “Imagine Google Earth with TiVo capability.” Angel Fire truly evolved at the Los Alamos National Laboratory in New Mexico after 2007, when upgrades allowed for “all-weather and nighttime capabilities and then was used as the basis for another system, called Blue Devil, which coupled wide-area cameras with narrow-focus zoom lenses in the same package.”
  • Over time, after McNutt retired from the military, he worked to further improve the camera array and attended security conferences in hopes of garnering clients. After a brief but effective test run over the skies of Ciudad Juárez, Los Angeles became the first U.S. city to employ Persistent Surveillance’ system — and just as covertly as what has been taking place in Baltimore for the last eight months.
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  • McNutt believes in the legitimacy of the services Persistent Surveillance can provide, and insists the technology isn’t as invasive as it might sound since individual identifying details, among other aspects, aren’t discernible, and because the every keystroke and action taken by analysts — like video footage — are logged and archived.
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    Just imagine what it will be like when the bugs in the focal system are gone, which undoubtedly is a goal. Couple it with facial recognition and what do we have?
Gary Edwards

IRS Lawyer Carter Hull Confirms Tea Party Targeting Ordered By Washington - Investors.com - 0 views

  • Hull has confirmed the premeditated targeting of Tea Party groups went even higher than him or Lerner.
  • Apparently not only Tea Party groups were targeted but actual candidates as well. On March 9, 2010, the day Tea Party candidate Christine O'Donnell revealed her plan to run for Vice President Joe Biden's former Delaware Senate seat , an IRS tax lien was placed on a house purported to be hers, an action that was quickly publicized by those who did not wish her well.
  • Earlier this year, Dennis Martel, special agent with the Department of Treasury in Baltimore, left a message on O'Donnell's cell phone telling her that an official in Delaware state government had improperly accessed her records on that very same day. The problem was that the house was not hers in the first place and the IRS eventually blamed the lien on a computer glitch and withdrew it.
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  • To us it is inconceivable that one of only two political appointees was directly involved in targeting of Tea Party groups without White House knowledge and consent. It is said the fish rots from the head, and this one is really beginning to stink.
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    This has gone way too far.  The 2012 elections must be nullified and rescheduled.  Tens of millions of American citizens have been systematically targeted, their civil and Constitutional rights destroyed, and their voices and votes politically eliminated by a massive government conspiracy.  The 2012 election is a fraud.  And nothing short of complete nullification and recall, and the termination of the IRS will do the great Republic justice. excerpt: Scandal: A retiring IRS lawyer implicates the IRS chief counsel's office, headed by an Obama appointee, as well as the head of the IRS' exempt organizations office. The targeting included a Tea Party Senate candidate. In Thursday's hearing before the House Oversight Committee, 72-year-old retiring IRS lawyer Carter Hull implicated the IRS chief counsel's office headed by William J. Wilkins, who attended at least nine White House meetings, and Lois Lerner, head of the exempt-organizations office, in the IRS scandal. In so doing, he made clear the targeting of Tea Party groups started in Washington and was directed from Washington. A tax-law specialist with 48 years of IRS experience, Hull testified that Lerner, the former head of the exempt organizations division, demanded that he send some of the reviews of Tea Party groups to the IRS chief counsel's office in Washington. The chief counsel is one of two political appointees in the IRS. According to Hull's testimony, Lerner, who famously pleaded her Fifth Amendment rights before the same committee, gave an atypical instruction that the Tea Party applications undergo special scrutiny that included an uncommon multilayer review that involved a top adviser to Lerner as well as the chief counsel's office. Hull's name came up earlier in the testimony of Holly Paz, a D.C.-based supervisor in the IRS's tax-exempt status division, who reported to Lerner. It was on May 22, the day after Paz was interviewed by investigators, that Lerner refused to answer questions from
Gary Edwards

'Clinton death list': 33 spine-tingling cases - 0 views

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    "(Editor's note: This list was originally published in August 2016 and has gone viral on the web. WND is running it again as American voters cast their ballots for the nation's next president on Election Day.) How many people do you personally know who have died mysteriously? How about in plane crashes or car wrecks? Bizarre suicides? People beaten to death or murdered in a hail of bullets? And what about violent freak accidents - like separate mountain biking and skiing collisions in Aspen, Colorado? Or barbells crushing a person's throat? Bill and Hillary Clinton attend a funeral Apparently, if you're Bill or Hillary Clinton, the answer to that question is at least 33 - and possibly many more. Talk-radio star Rush Limbaugh addressed the issue of the "Clinton body count" during an August show. "I swear, I could swear I saw these stories back in 1992, back in 1993, 1994," Limbaugh said. He cited a report from Rachel Alexander at Townhall.com titled, "Clinton body count or left-wing conspiracy? Three with ties to DNC mysteriously die." Limbaugh said he recalled Ted Koppel, then-anchor of ABC News' "Nightline," routinely having discussions on the issue following the July 20, 1993, death of White House Deputy Counsel Vince Foster. In fact, Limbaugh said, he appeared on Koppel's show. "One of the things I said was, 'Who knows what happened here? But let me ask you a question.' I said, 'Ted, how many people do you know in your life who've been murdered? Ted, how many people do you know in your life that have died under suspicious circumstances?' "Of course, the answer is zilch, zero, nada, none, very few," Limbaugh chuckled. "Ask the Clintons that question. And it's a significant number. It's a lot of people that they know who have died, who've been murdered. "And the same question here from Rachel Alexander. It's amazing the cycle that exists with the Clintons. [Citing Townhall]: 'What it
Paul Merrell

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

  • “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.”
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    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. 
Gary Edwards

Does 2nd Amendment Confer an Individual Right to Bear Arms? - Tea Party Command Center - 0 views

  • 1. Barron v Baltimore (1833): held that the Bill of Rights applies directly to the federal government—not to state governments. In effect, the court ruled that states could infringe on the Bill of Rights since the Bill of Rights restrained only the federal government. (Don’t ask. I didn’t delve deeply into the reasoning behind this decision.)
    • Gary Edwards
       
      Nonsense!  The No Religious Test Clause of the United States Constitution is found in Article VI, paragraph 3, and states that: "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States." Furthermore, all federal, state, and local officials must take an oath to support the Constitution. This means that state governments and officials cannot take actions or pass laws that interfere with the Constitution, laws passed by Congress, or treaties.
  • 2. Nunn v State of Georgia (1846): held that “the right of the people to keep and bear arms shall not be infringed” and that “the right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed or broken in upon in the smallest degree.”
  • 11. District of Columbia v Heller (2008): the court ruled that the Cruikshank decision failed to properly weigh 14th Amendment protections and that “the inherent right of self-defense has been central to the Second Amendment right.”
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  • McDonald v City of Chicago ensured that the full force of the 2nd Amendment extended to all localities as well.
  • But, what’s behind the McDonald challenge? In short, the Illinois state constitution states that “Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.”
  • no discussion of the 2nd Amendment can be properly wrapped up without this incisive quote from Thomas Jefferson: “False is the idea of utility that sacrifices a thousand real advantages for one imaginary of trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evil, except destruction. The laws that forbid the carrying of arms are laws of such nature…Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man…”
Paul Merrell

Snowden obtained nearly 2 million classified files in NSA leak - Pentagon report - RT USA - 0 views

  • Edward Snowden downloaded 1.7 million intelligence files from US agencies, the most secrets ever to be stolen from the US government in a single instance in the nation’s history, according to lawmakers who have viewed a classified Pentagon report.
  • “This is straight from the government’s playbook,” Wizner said. “Remember, the government told the Supreme Court that publication of the Pentagon Papers would cause grave danger to national security. That was not true then, and this report is not true now. Overblown claims of national security rarely stand the test of time.” Sources came forward in August, two months after the press began reporting Snowden’s leaks, to admit that authorities were unsure exactly how many documents Snowden obtained. Two anonymous officials told NBC News at the time that the NSA was using poor compartmentalization techniques - meaning that Snowden, an IT systems administrator, was able to freely comb through agency networks containing a wide range of data. NSA Director Keith Alexander said in August that the government knew what Snowden had taken, while the NBC sources in fact said the NSA was “overwhelmed” with trying to find out the details. Alexander said in an October speech that the documents were “being put out in a way that does the maximum damage to NSA and our nation.” He also told the audience that Snowden had far fewer documents to reporters than this week’s Pentagon report described. “I wish there was a way to prevent it,” he told a Baltimore, Maryland crowd. “Snowden has shared somewhere between 50,000 and 200,000 documents with reporters. These will continue to come out.”
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    The seizure of all devices containing data by UK officials from David Miranda, Glenn Greenwald's partner, under dubious authority of an anti-terrorism statute, tends to show that NSA and GCHA in fact do not know how many -- or which -- documents Snowden acquired. I am extremely dubious of this 1.7 million documents claim. IIRC, Greenwald said at some point that he had been given about 50K documents.  
Paul Merrell

NSA chief says Snowden leaked up to 200,000 secret documents | Reuters - 0 views

  • (Reuters) - Former U.S. National Security Agency contractor Edward Snowden leaked as many as 200,000 classified U.S. documents to the media, according to little-noticed public remarks by the eavesdropping agency's chief late last month. In a question-and-answer session following a speech to a foreign affairs group in Baltimore on October 31, NSA Director General Keith Alexander was asked by a member of the audience what steps U.S. authorities were taking to stop Snowden from leaking additional information to journalists."I wish there was a way to prevent it. Snowden has shared somewhere between 50 (thousand) and 200,000 documents with reporters. These will continue to come out," Alexander said.
  • Alexander added that the documents were "being put out in a way that does the maximum damage to NSA and our nation," according to a transcript of his talk made available by NSA.U.S. officials briefed on investigations into Snowden's activities have said privately for months that internal government assessments indicate that the number of classified documents to which Snowden got access as a systems operator at NSA installations ran into the hundreds of thousands.Officials said that while investigators now believe they know the range of documents that Snowden accessed, they remain unsure which documents he downloaded for leaking to the media.
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    50K to 200K documents, NSA thinks they know the range of documents Snowden accessed but not which ones. But that's information from Gen. Alexander, who is a congenital liar, caught in lie after lie. 
Paul Merrell

Nunn-Lugar Revisited - 0 views

  • Washington, DC, November 22, 2013 – The final shipment of highly enriched uranium from former Soviet nuclear warheads to the U.S. on November 14, and President Obama's award of the Presidential Medal of Freedom to former Senator Richard Lugar on November 20, have brought new public attention to the underappreciated success story of the Nunn-Lugar initiative — the subject of a new research project by the National Security Archive, which organized the first "critical oral history" gathering this fall of U.S. and Russian veterans of Nunn-Lugar. The former Soviet Union in the 1990s achieved an unprecedented "proliferation in reverse" with the denuclearization of former republics and the consolidation of nuclear weapons and fissile material inside Russia. Notwithstanding the well-grounded fears of policymakers on both sides of the waning Cold War in 1990-1991, the dissolution of the Soviet Union did not result in a nuclear Yugoslavia spread over eleven time zones. Instead, the "doomsday clock" of the Bulletin of the Atomic Scientists marched backwards, in its largest leaps ever away from midnight. Key to this extraordinary accomplishment was the U.S.-Russian Cooperative Threat Reduction Program, colloquially known as Nunn-Lugar after its two leading sponsors in the U.S. Senate, Sam Nunn of Georgia and Richard Lugar of Indiana.
  • Unfortunately, this success did not get major publicity at the time, and remains largely unknown today outside the expert communities in both countries. This lack of appreciation culminated in 2012 with Russia's withdrawal from the program and assertion of independence from foreign aid. Yet below the radar the cooperation continued, for example with the February 2013 U.S.-Russian removal of enriched uranium from the Czech Republic, and the September 2013 agreement to work together to destroy Syrian chemical weapons — clear signals of the continuing relevance of the two-decade-long Nunn-Lugar experiment.
  • One week earlier, on November 14, the Washington Post reported from St. Petersburg, Russia: "Take a canister, fill it with down-blended uranium worth $2.5 million, secure it and 39 others to the deck of a container ship, send it off toward Baltimore, and you've just about completed a deal that provided commercial uses in the United States for the remains of 20,000 dismantled Russian nuclear bombs." The story, headlined "U.S.-Russia uranium deal sends its last shipment," by Will Englund, reported: "The program provided jobs to nuclear technicians at a time when Russia was in chaos; it sparked the development of a dilution process than enables bombs to become fuel for power plants; and it may have helped to keep poorly secured nuclear materials out of the wrong hands — at least that's what Americans say. Russians strongly deny that the materials were not secured."
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  • To ground the Musgrove discussions in the primary sources, Archive staff prepared a 450-page conference briefing book containing 70 key documents, primarily on the early Nunn-Lugar years from 1991 through 1997, but also including the March 2013 summary of Nunn-Lugar success that is featured on The Lugar Center website. The documents range from telcons of President George H. W. Bush's conversations with then-Soviet leader Mikhail Gorbachev about safe dismantling of nuclear warheads in 1991, to the memcons of the Bush meetings with Russian President Boris Yeltsin in 1992 on nuclear weapons withdrawal from the former Soviet republics, to the State Department cables about negotiations with Ukraine over the Soviet-era nuclear weapons located there. Sources of the documents range from Freedom of Information Act requests to the Bush Presidential Library, to donations by veterans such as Ambassador James Goodby and experts such as David Hoffman, to files at the Archives of the Russian Federation in Moscow and at the Hoover Institution at Stanford.
  • Today's posting is the first in the Nunn-Lugar series of electronic briefing books in Russian and English that will make widely available the documents from all sides. The transcripts of the "critical oral history" conferences organized by the Archive will provide the foundation for one or more books analyzing the Nunn-Lugar experience, and will guide further research both by the Archive staff and by the conference participants. Maintaining this expert dialogue about the cooperative threat reduction experience will also make a significant contribution to the ongoing challenge of U.S.-Russia engagement.
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    Nice graphic image on the linked web page breaking down accomplishments in  nuclear disarmament by former Soviet republics. The downside: all of those former Soviet warheads had their uranium diluted and exported to the U.S. for manufacturer of nuclear fuel rods, which means that the U.S. nuclear power industry was perpetuated and our legacy of radioactive wastes continues to grow, despite not even yet having a safe disposal site or method. All of those expended nuclear fuel rods still sitting on reactor sites around the nation, being water cooled, and posing the risk of Fukushima-like disasters. This is progress?  
Paul Merrell

Leaving the USS Liberty Crew Behind | Consortiumnews - 0 views

  • By Ray McGovern On June 8, 1967, Israeli leaders learned they could deliberately attack a U.S. Navy ship and try to send it, together with its entire crew, to the bottom of the Mediterranean – with impunity. Israeli aircraft and torpedo boats attacked the USS Liberty, a state-of-the-art intelligence collection platform sailing in international waters off the Sinai, killing 34 of the 294 crew members and wounding more than 170. On the 47th anniversary of that unprovoked attack let’s be clear about what happened: Israeli messages intercepted on June 8, 1967, leave no doubt that sinking the USS Liberty was the mission assigned to the attacking Israeli warplanes and torpedo boats as the Six-Day War raged in the Middle East. Let me repeat: there is no doubt – none – that the mission of the Israeli Defense Forces (IDF) was to destroy the USS Liberty and kill its entire crew.
  • Here, for example, is the text of an intercepted Israeli conversation, just one of many pieces of hard, unambiguous evidence that the Israeli attack was not a mistake: Israeli pilot to ground control: “This is an American ship. Do you still want us to attack?” Ground control: “Yes, follow orders.” … Israeli pilot: “But, sir, it’s an American ship – I can see the flag!” Ground control: “Never mind; hit it!”
  • Halbardier skated across the Liberty’s slippery deck while it was being strafed in order to connect a communications cable and enable the Liberty to send out an SOS. The Israelis intercepted that message and, out of fear of how the U.S. Sixth Fleet would respond, immediately broke off the attack, returned to their bases, and sent an “oops” message to Washington confessing to their unfortunate “mistake.” As things turned out, the Israelis didn’t need to be so concerned. When President Johnson learned that the USS America and USS Saratoga had launched warplanes to do battle with the forces attacking the Liberty, he told Defense Secretary Robert McNamara to call Sixth Fleet commander Rear Admiral Lawrence Geiss and tell him to order the warplanes to return immediately to their carriers. According to J.Q. “Tony” Hart, a chief petty officer who monitored these conversations from a U.S. Navy communications relay station in Morocco, Geiss shot back that one of his ships was under attack. Tellingly, McNamara responded: “President Johnson is not going to go to war or embarrass an American ally over a few sailors.”
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  • John Crewdson, a Pulitzer Prize-winning journalist for the Chicago Tribune, asked McNamara about this many years later. McNamara’s answer is worth reading carefully; he said he had “absolutely no recollection of what I did that day,” except that “I have a memory that I didn’t know at the time what was going on.” Crewsdon has written the most detailed and accurate account of the Israeli attack on the Liberty; it appeared in the Chicago Tribune, and also in the Baltimore Sun, on Oct. 2, 2007. Read it and you’ll understand why Crewdson got no Pulitzer for his investigative reporting on the Liberty. Instead, the Tribune laid him off in November 2008 after 24 years.
  • The mainstream U.S. media has avoided the USS Liberty case like the plague. I just checked the Washington Post and – surprise, surprise – it has missed the opportunity for the 46th consecutive year, to mention the Liberty anniversary. On the few occasions when the mainstream U.S. media outlets are forced to address what happened, they blithely ignore the incredibly rich array of hard evidence and still put out the false narrative of the “mistaken” Israeli attack on the Liberty. And they attempt to conflate fact with speculation, asking why Israel would deliberately attack a ship of the U.S. Navy. Why Tel Aviv wanted the Liberty and its entire crew on the bottom of the Mediterranean remains a matter of speculation, but there are plausible theories including Israel’s determination to keep the details of its war plans secret from everyone, including the U.S. government. But there is no doubt that destroying the Liberty and its crew was the mission assigned to Israel’s warplanes and torpedo boats. One Navy Admiral with a conscience, former Chairman of the Joint Chiefs of Staff (and before that Chief of Naval Operations) Thomas Moorer, has “broken ranks,” so to speak. Moorer helped lead an independent, blue-ribbon commission to investigate what happened to the Liberty.
  • The following are among the commission’s findings made public in October 2003: -That the attack, by a U.S. ally, was a “deliberate attempt to destroy an American ship and kill its entire crew” -That the attack included the machine-gunning of stretcher-bearers and life rafts -That “the White House deliberately prevented the U.S. Navy from coming to the defense of the [ship] … never before in naval history has a rescue mission been cancelled when an American ship was under attack” -That surviving crew members were later threatened with “court-martial, imprisonment, or worse” if they talked to anyone about what had happened to them; and were “abandoned by their own government.”
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    Former CIA senior analyst Ray McGovern on the shameful cover-up of Israel's deliberate attack on the USS Liberty in international waters during the 1967 Six Day War in which Israel -- which initiated the surprise war of aggression -- seized Palestine, the Egyptian Sinai, and portions of Jordan. Although not discussed in this article, the generally accepted motive among those who accept that the Israeli attack on the LIberty was deliberate was to blind the U.S. military to Israel's actions during the war. The Liberty was a U.S. Navy electronic intelligence gathering platform.
Paul Merrell

John Kerry admits: some US surveillance has gone too far | World news | theguardian.com - 0 views

  • John Kerry, the US secretary of state, conceded on Thursday that some of the country's surveillance activities had gone too far, saying that certain practices had occurred "on autopilot" without the knowledge of senior officials in the Obama administration.In the most stark comments yet by a senior administration official, Kerry promised that a previously announced review of surveillance practices would be thorough and that some activities would end altogether."The president and I have learned of some things that have been happening in many ways on an automatic pilot, because the technology is there and the ability is there," he told a conference in London via video link."In some cases, some of these actions have reached too far and we are going to try to make sure it doesn't happen in the future."
  • In recent days, the Obama administration has put some distance between it and the National Security Agency (NSA). Kerry's comments are a reflection in particular of a concern about the diplomatic fallout from the revelation that the US monitored the cellphone of the German chancellor, Angela Merkel.The tactic has irritated senior intelligence officials. On Thursday evening, the director of the NSA, General Keith Alexander, blamed US diplomats for requests to place foreign leaders under surveillance.During a pointed exchange with a former US ambassador to Romania, James Carew Rosapepe, Alexander said: "We, the intelligence agencies, don't come up with the requirements. The policy-makers come up with the requirements."He added: "One of those groups would have been, let me think, hold on, oh: ambassadors."
  • Alexander said that the NSA collected information when it was asked by policy officials to discover the "leadership intentions" of foreign countries. "If you want to know leadership intentions, these are the issues," he said at a discussion hosted by the Baltimore Council on Foreign Relations.Earlier in Washington, the debate continued about whether further legal constraints should be placed on the NSA. The Senate intelligence committee approved a bill that placed largely cosmetic restrictions on the National Security Agency's domestic surveillance programme.The bill, sponsored by committee chairwoman Dianne Feinstein, a California Democrat, allows the NSA continue to collect phone metadata of millions of Americans for renewable 90-day periods, but orders it to be more transparent about the practice.
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  • The bill, which is competing with more restrictive measures from other committees, now moves forward to a full Senate vote. The stage is now set for a showdown with the USA Freedom Act, a bipartisan bill that would prohibit bulk collection of Americans' telephone records.Senator Mark Udall, a Democratic member of the Senate intelligence committee and a supporter of NSA reform, said it did not go far enough."The NSA's invasive surveillance of Americans' private information does not respect our constitutional values and needs fundamental reform, not incidental changes," he said.
  • In a separate development on Thursday, a group of technology giants called for substantial reforms to the US government's surveillance programmes. The companies were furious about revelations this week – the latest to emerge from documents leaked by the former NSA contractor Edward Snowden – that the agency had intercepted the cables that link the worldwide data centres belonging to Google and Yahoo.It was also reported that Obama had ordered the NSA to stop eavesdropping on the headquarters of the International Monetary Fund (IMF) and World Bank. Reuters cited a US official as saying the president had ordered the halt in the past few weeks.The NSA's surveillance of the IMF and World Bank has not previously been disclosed.
  • In response to Reuters inquiries, a senior Obama administration official said, "The United States is not conducting electronic surveillance targeting the headquarters of the World Bank or IMF in Washington." The Obama administration official, who spoke on condition of anonymity, did not address whether the NSA had eavesdropped on the two entities in the past.Kerry, in his comments to a conference organised by the Open Government Partnership, acknowledged that trust needed to be restored. "There is an effort to try to gather information, yes, in same cases inappropriately, and the president is now doing a thorough review, in order that nobody will have a sense of abuse," he said.Despte the cracks between the administration and the spy community, Kerry was careful to defended the motives of US intelligence agencies, insisting no "innocent people" were being abused and saying surveillance by several countries had prevented many terrorist plots.
  • A German MP said he met Snowden in Moscow on Thursday, and said the NSA whistelblower was prepared in principle to help Germany investigate allegations of surveillance by US intelligence.Hans-Christian Stroebele, a lawmaker with Germany's opposition Greens and a prominent critic of the NSA's alleged actions, told ARD television that Snowden "made clear he knows a great deal."He said Snowden would be prepared to travel to Germany and testify, "but the circumstances would have to be cleared up".
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    Looks like maybe Snowden is now a hero in Germany and may be allowed to travel there. Meanwhile, the Obama Administration rats continue to desert the sinking NSA ship, but Diane Feinstein fights on to preserve mass surveillance. 
Paul Merrell

Public Citizen Press Room - 0 views

  • Public Citizen Defends Merchant From Unconstitutional Interference by NSA, Department of Homeland Security In Lawsuit Filed Against Agencies, Public Citizen Argues That Attempts to Stop Production of Parody Merchandise Are Inconsistent With First Amendment BALTIMORE, Md. – A Minnesota activist who uses images and names of government agencies on satirical merchandise is entitled to do so under the First Amendment, Public Citizen argued in a lawsuit filed today against the National Security Agency (NSA) and the Department of Homeland Security (DHS) on behalf of the merchant. The suit, filed in the U.S. District Court for the District of Maryland, targets cease-and-desist letters sent to the merchant’s producer by the NSA and DHS. On his website LibertyManiacs.com, Sauk Rapids, Minn., resident Dan McCall sells T-shirts, hats, bumper stickers and other items with his designs, printed by Zazzle.com – for example, a mug with the NSA seal above the words “Spying On You Since 1952” and a parodied NSA seal that says “Peeping While You’re Sleeping” above the words “The NSA: The only part of government that actually listens.”
  • On March 15, 2011, Zazzle received a warning letter from the NSA, and on Aug 11, 2011, it received one from DHS. The NSA said that Zazzle, by selling the merchandise, was in violation of a provision of the National Security Agency Act of 1959 that prohibits the “use [of] the words ‘National Security Agency,’ the initials, ‘NSA,’ the seal of the National Security Agency, or any colorable imitation of such words … in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency” without the permission of the NSA. DHS said that Zazzle, by selling McCall’s DHS parody items, was in violation of a law making it a crime to “mutilate or alter the seal of any department or agency of the United States,” among other provisions. In the lawsuit filed in defense of McCall, Public Citizen points out that the graphics did not create any likelihood of confusion about source or sponsorship, and no reasonable person would believe that the agencies themselves produced merchandise with those messages. The complaint also asserts that the First Amendment protects McCall and Zazzle’s right to use the seals to accurately identify the agencies he is criticizing. “The agencies’ attempts to forbid McCall from displaying and selling his merchandise are inconsistent with the First Amendment,” said Paul Alan Levy, the Public Citizen attorney handling the case. “It’s bad enough that these agencies have us under constant surveillance; forbidding citizens from criticizing them is beyond the pale.”
  • Public Citizen is asking the court to declare that several provisions of the National Security Agency Act cannot be enforced to forbid McCall from displaying his merchandise, and that two other laws are unconstitutionally overbroad because they violate the First Amendment by saying no one can “mutilate or alter the seal of any department or agency of the United States.” McCall is now selling his merchandise at CafePress.com. See the full complaint for declaratory relief here.
Paul Merrell

North Dakota Allows Cops To Arm Their Drones With Tasers And Tear Gas | ThinkProgress - 0 views

  • There’s a new sheriff on the high plains. Or rather, just above them. North Dakota’s police agencies can fly drones armed with Tasers, tear gas, bean-bag cannons, and other “less-lethal” weapons, thanks to fierce lobbying from the law enforcement industry on a bill that was initially meant to restrict police use of the flying robots rather than outfit them with weapons. While other local police departments have flirted with weaponizing their drones, North Dakota is the first state to explicitly allow the armaments. When State Rep. Rick Becker introduced H.B. 1328, the law both banned weaponized drones and established a procedure for law enforcement to seek a warrant before using drones in searches. Only the warrant requirement survived. After stiff lobbying and a multi-stage public relations effort by law enforcement and drone proponents, first reported by The Daily Beast, the version of the bill that ultimately passed authorized police to arm their unmanned aerial vehicles with sound cannons, pepper spray, and other weapons not designed to kill. The weaponization of law enforcement drones could facilitate police abuse of force. Military drone pilots can develop a “Playstation mentality” toward their deadly work, according to United Nations official. The physical remove of a drone pilot desensitizes him, the thinking goes, and makes it easier to be rash about deploying his armaments. Pilots themselves contest this desensitization claim, however, and there’s reason to think military drone operators experience post-traumatic stress disorder despite sitting far from the battlefield.
  • Police drones won’t have Hellfire missiles, of course. But the weapons North Dakota’s law enforcement drones are authorized to use under state law are still capable of causing serious injury and death. 39 people have been killed by police Tasers in 2015 thusfar, according to The Guardian. Rubber bullets can kill, and most non-lethal weapons can inflict grievous and lasting harm. Law enforcement operations are already monitoring civil rights activists affiliated with the Black Lives Matter movement, using a combination of undercover officers, social media snooping, and cell phone monitoring technology called Stingray. An FBI-provided aerial surveillance plane was also on hand during the unrest in Baltimore following the killing of Freddie Gray by police. Should drones equipped with remote-controlled Tasers and tear gas come into wider use, it seems likely they’d be incorporated into crowd control and demonstration monitoring efforts. In such uses, officers far from the scene of unrest could make bloodless decisions about how to deploy drone weaponry, potentially escalating tense situations.
Paul Merrell

US Military Uses IMF and World Bank to Launder 85% of Its Black Budget | Global Researc... - 1 views

  • hough transparency was a cause he championed when campaigning for the presidency, President Obama has largely avoided making certain defense costs known to the public. However, when it comes to military appropriations for government spy agencies, we know from Freedom of Information Act requests that the so-called “black budget” is an increasingly massive expenditure subsidized by American taxpayers. The CIA and and NSA alone garnered $52.6 billion in funding in 2013 while the Department of Defense black ops budget for secret military projects exceeds this number. It is estimated to be $58.7 billion for the fiscal year 2015. What is the black budget? Officially, it is the military’s appropriations for “spy satellites, stealth bombers, next-missile-spotting radars, next-gen drones, and ultra-powerful eavesdropping gear.” However, of greater interest to some may be the clandestine nature and full scope of the black budget, which, according to analyst Catherine Austin Fitts, goes far beyond classified appropriations. Based on her research, some of which can be found in her piece “What’s Up With the Black Budget?,” Fitts concludes that the during the last decade, global financial elites have configured an elaborate system that makes most of the military budget unauditable. This is because the real black budget includes money acquired by intelligence groups via narcotics trafficking, predatory lending, and various kinds of other financial fraud.
  • The result of this vast, geopolitically-sanctioned money laundering scheme is that Housing and Urban Devopment and other agencies are used for drug trafficking and securities fraud. According to Fitts, the scheme allows for at least 85 percent of the U.S. federal budget to remain unaudited. Fitts has been researching this issue since 2001, when she began to believe that a financial coup d’etat was underway. Specifically, she suspected that the banks, corporations, and investors acting in each global region were part of a “global heist,” whereby capital was being sucked out of each country. She was right.
  • As Fitts asserts, “[She] served as Assistant Secretary of Housing at the US Department of Housing and Urban Development (HUD) in the United States where I oversaw billions of government investment in US communities…..I later found out that the government contractor leading the War on Drugs strategy for U.S. aid to Peru, Colombia and Bolivia was the same contractor in charge of knowledge management for HUD enforcement. This Washington-Wall Street game was a global game. The peasant women of Latin America were up against the same financial pirates and business model as the people in South Central Los Angeles, West Philadelphia, Baltimore and the South Bronx.” This is part of an even larger financial scheme. It is fairly well-established by now that international financial institutions like the World Trade Organization, the World Bank, and the International Monetary Fund operate primarily as instruments of corporate power and nation-controlling infrastructure investment mechanisms. For example, the primary purpose of the World Bank is to bully developing countries into borrowing money for infrastructure investments that will fleece trillions of dollars while permanently indebting these “debtor” nations to West. But how exactly does the World Bank go about doing this? John Perkins wrote about this paradigm in his book, Confessions of an Economic Hitman. During the 1970s, Perkins worked for the international engineering consulting firm, Chas T. Main, as an “economic hitman.” He says the operations of the World Bank are nothing less than “pure economic colonization on behalf of powerful corporations and banks that use the United States government as their tool.”
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  • In his book, Perkins discusses Joseph Stiglitz, the Chief Economist for the World Bank from 1997-2000, at length. Stiglitz described the four-step plan for bamboozling developing countries into becoming debtor nations: Step One, according to Stiglitz, is to convince a nation to privatize its state industries. Step Two utilizes “capital market liberalization,” which refers to the sudden influx of speculative investment money that depletes national reserves and property values while triggering a large interest bump by the IMF. Step Three, Stiglitz says, is “Market-Based Pricing,” which means raising the prices on food, water and cooking gas. This leads to “Step Three and a Half: The IMF Riot.” Examples of this can be seen in Indonesia, Bolivia, Ecuador and many other countries where the IMF’s actions have caused financial turmoil and social strife. Step 4, of course, is “free trade,” where all barriers to the exploitation of local produce are eliminated. There is a connection between the U.S. black budget and the trillion dollar international investment fraud scheme. Our government and the banking cartels and corporatocracy running it have configured a complex screen to block our ability to audit their budget and the funds they use for various black op projects. However, they can not block our ability to uncover their actions and raise awareness.
Paul Merrell

Is the "military option" on Iran off the table? - Baltimore Sun - 0 views

  • f, as seems likely, President Barack Obama retains enough support to complete the nuclear deal with Iran, it will be largely because enough members of the House and Senate are persuaded by his argument that the only other real option is war.This was the rhetorical gauntlet the president threw down at his press conference last week. Equally significant, Mr. Obama omitted the until-now obligatory warning that "all options, including the military one, remain on the table."
  • Since then, Israeli media have been pressing hard to restore the military option to its accustomed place "on the table." Flying to Israel Sunday night for a handholding mission with top Israeli officials, U.S. Defense Secretary Ashton Carter tried to make his reception in Tel Aviv less frosty, telling accompanying journalists that the nuclear deal with Iran "does nothing to prevent the military option." The context, however, seemed to be one in which Iran was caught cheating on the nuclear deal.That this kind of rhetoric, even when it is not from the president, is still poison to Tehran was clear in the immediate reaction by Iran's Foreign Minister, Mohammad Javad Zarif, who insisted Monday: "Applying force ... is not an option but an unwise and dangerous temptation."
  • Looking for changes in official public statements was my bread and butter during a long tenure as a Kremlinologist. So on Wednesday, as I watched Mr. Obama defend the deal with Iran, I leaned way forward at each juncture — and there were several — where the timeworn warning about all options being "on the table" would have been de rigueur. He avoided saying it. "All options on the table?" The open-ended nature of this Bush/Cheney-esque bully-type warning is at odds with Western international understandings spanning more than three and half centuries — from the treaties of Westphalia (1648), to the Kellogg-Briand Pact (1928) to the post-World War II Nuremberg Tribunal to the UN Charter (1945). Try raising that with Establishment Washington, though, and be prepared to be dismissed as "picky-picky," or as quaint and as obsolete as the Geneva Conventions. Undergirding all this is the chauvinism reflected in President Obama's repeated reminders that the U.S. "is the sole indispensable country in the world."But in the wake of last week's accord with Iran in Vienna, it is possible now to hope that the "military option" is finally off the table — in reality, if not in occasional rhetorical palliatives for Israel.
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  • Most Americans have no idea of how close we came to making war on Iran in 2008, the last year of the Bush/Cheney administration. Nor do they know of the essential role played by courageous managers of intelligence who, for the first time on the Iran nuclear issue, supervised a strictly evidence-based, from-the-bottom-up National Intelligence Estimate (NIE) that concluded in November 2007 that Iran had stopped working on a nuclear weapon at the end of 2003 and had not resumed that work. That key judgment issued unanimously and "with high confidence" by all 16 U.S. intelligence agencies played a huge role in strengthening the hand of Mike Mullen, then-chairman of the Joint Chiefs of Staff, and other reasonable national security leaders in dissuading President Bush from following Vice President Cheney's prompting to launch a war that would have made the war in Iraq look like a volleyball match between the Quaker School and Ursuline Academy.The juggernaut toward war with Iran was already rolling downhill. Recall that then-CENTCOM commander Adm. William Fallon was abruptly cashiered after saying "we're not going to do Iran on my watch." And Mr. Cheney later admitted churlishly that Mr. Bush had been a big disappointment in giving in to intelligence and military officials on Iran.In Mr. Bush's memoir "Decision Points," he complains bitterly that the NIE "tied my hands on the military side. ... After the NIE, how could I possibly explain using the military to destroy the nuclear facilities of a country the intelligence community said had no active nuclear weapons program?"
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    By former CIA senior analyst Ray McGovern. 
Paul Merrell

FBI says search warrants not needed to use "stingrays" in public places | Ars Technica - 0 views

  • The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts. The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans. According to the letter, which was released last week: For example, we understand that the FBI’s new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
  • The letter was prompted in part by a Wall Street Journal report in November that said the Justice Department was deploying small airplanes equipped with cell-site simulators that enabled "investigators to scoop data from tens of thousands of cellphones in a single flight, collecting their identifying information and general location." The bureau's position on Americans' privacy isn't surprising. The Obama Administration has repeatedly maintained that the public has no privacy in public places. It began making that argument as early as 2010, when it told a federal appeals court that the authorities should be allowed to affix GPS devices on vehicles and track a suspect's every move without court authorization. The Supreme Court, however, eventually ruled that warrants are required. What's more, the administration has argued that placing a webcam with pan-and-zoom capabilities on a utility pole to spy on a suspect at his or her residence was no different from a police officer's observation from the public right-of-way. A federal judge last month disagreed with the government's position, tossing evidence gathered by the webcam that was operated from afar.
  • In their letter, Leahy and Grassley complained that little is known about how stingrays, also known as ISMI catchers, are used by law enforcement agencies. The Harris Corp., a maker of the devices from Florida, includes non-disclosure clauses with buyers. Baltimore authorities cited a non-disclosure agreement to a judge in November as their grounds for refusing to say how they tracked a suspect's mobile phone. They eventually dropped charges rather than disclose their techniques. Further, sometimes the authorities simply lie to judges about their use or undertake other underhanded methods to prevent the public from knowing that the cell-site simulators are being used.
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  • Hanni Fakhoury, an attorney for the Electronic Frontier Foundation, said some states and judges are pushing back against stingrays. "In Tacoma, judges now require police (to) specifically note they plan to use an IMSI catcher and promise not to store data collected from people who are not investigation targets," he said. "The Florida and Massachusetts state supreme courts ruled warrants were necessary for real-time cell phone tracking. Nine states—Colorado, Illinois, Indiana, Maryland, Minnesota, Tennessee, Utah, Virginia, and Wisconsin—passed laws specifically requiring police to use a warrant to track a cell phone in real time."
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    Is there any problem here that couldn't be cured by discharge and public flogging for any government official caught using information derived from a stingray?
Paul Merrell

2015: The Year Police Killings In America Were Counted - 0 views

  • The Black Lives Matter movement that swept the country in 2015 has—among other accomplishments—forced global media outlets to afford victims of police killings the most basic acknowledgement: a public record of their names and deaths. Such a grim tally was maintained this year by both the Guardian and the Washington Post, following the consistent failure of the U.S. government to keep adequate records. According to the Guardian, 1,126 people were killed by police so far in 2015, averaging more than three a day, with 27 percent of those slain facing mental health issues. The numbers confirm the racial injustices highlighted by nationwide protests. Among black people in America, 6.9 per million were killed by police, compared to 2.86 white people per million. In other words, African-Americans were nearly 2.5 times as likely to be killed by police as their white counterparts. Native-Americans and Latinos were also disproportionately likely to have their lives taken by law enforcement, with 3.4 per million and 3.35 per million killed respectively.
  • The high number of killings was corroborated by the Washington Post, which only tracks fatal police shootings—not killings by taser, beating, and other forms of force, such as the high-profile death of African-American man Freddie Gray in Baltimore. The paper concluded, nonetheless, that nearly 1,000 civilians were shot and killed by police this year. What’s more, the Post‘s analysis found that the FBI, which is tasked with tracking such shootings, is dramatically undercounting killings because “fewer than half of the nation’s police departments report their incidents to the agency.” “The Post documented well more than twice as many fatal shootings this year as the average annual tally reported by the FBI over the past decade,” journalists Kimberly Kindy, Marc Fisher, Julie Tate, and Jennifer Jenkins reported this week.
  • But perhaps, more than anything, both databases show that heightened visibility, in itself, will not end police killings or bring justice to its victims.
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