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Paul Merrell

CURIA - Documents - 0 views

  • 37      It must be stated that the interference caused by Directive 2006/24 with the fundamental rights laid down in Articles 7 and 8 of the Charter is, as the Advocate General has also pointed out, in particular, in paragraphs 77 and 80 of his Opinion, wide-ranging, and it must be considered to be particularly serious. Furthermore, as the Advocate General has pointed out in paragraphs 52 and 72 of his Opinion, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the minds of the persons concerned the feeling that their private lives are the subject of constant surveillance.
  • 43      In this respect, it is apparent from recital 7 in the preamble to Directive 2006/24 that, because of the significant growth in the possibilities afforded by electronic communications, the Justice and Home Affairs Council of 19 December 2002 concluded that data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention of offences and the fight against crime, in particular organised crime. 44      It must therefore be held that the retention of data for the purpose of allowing the competent national authorities to have possible access to those data, as required by Directive 2006/24, genuinely satisfies an objective of general interest.45      In those circumstances, it is necessary to verify the proportionality of the interference found to exist.46      In that regard, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is appropriate and necessary in order to achieve those objectives (see, to that effect, Case C‑343/09 Afton Chemical EU:C:2010:419, paragraph 45; Volker und Markus Schecke and Eifert EU:C:2010:662, paragraph 74; Cases C‑581/10 and C‑629/10 Nelson and Others EU:C:2012:657, paragraph 71; Case C‑283/11 Sky Österreich EU:C:2013:28, paragraph 50; and Case C‑101/12 Schaible EU:C:2013:661, paragraph 29).
  • 67      Article 7 of Directive 2006/24, read in conjunction with Article 4(1) of Directive 2002/58 and the second subparagraph of Article 17(1) of Directive 95/46, does not ensure that a particularly high level of protection and security is applied by those providers by means of technical and organisational measures, but permits those providers in particular to have regard to economic considerations when determining the level of security which they apply, as regards the costs of implementing security measures. In particular, Directive 2006/24 does not ensure the irreversible destruction of the data at the end of the data retention period.68      In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C‑614/10 Commission v Austria EU:C:2012:631, paragraph 37).69      Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.
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  • 58      Directive 2006/24 affects, in a comprehensive manner, all persons using electronic communications services, but without the persons whose data are retained being, even indirectly, in a situation which is liable to give rise to criminal prosecutions. It therefore applies even to persons for whom there is no evidence capable of suggesting that their conduct might have a link, even an indirect or remote one, with serious crime. Furthermore, it does not provide for any exception, with the result that it applies even to persons whose communications are subject, according to rules of national law, to the obligation of professional secrecy. 59      Moreover, whilst seeking to contribute to the fight against serious crime, Directive 2006/24 does not require any relationship between the data whose retention is provided for and a threat to public security and, in particular, it is not restricted to a retention in relation (i) to data pertaining to a particular time period and/or a particular geographical zone and/or to a circle of particular persons likely to be involved, in one way or another, in a serious crime, or (ii) to persons who could, for other reasons, contribute, by the retention of their data, to the prevention, detection or prosecution of serious offences.
  • 1        These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).
  • Digital Rights Ireland Ltd (C‑293/12)vMinister for Communications, Marine and Natural Resources,Minister for Justice, Equality and Law Reform,Commissioner of the Garda Síochána,Ireland,The Attorney General,intervener:Irish Human Rights Commission, andKärntner Landesregierung (C‑594/12),Michael Seitlinger,Christof Tschohl and others,
  • JUDGMENT OF THE COURT (Grand Chamber)8 April 2014 (*)(Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union)In Joined Cases C‑293/12 and C‑594/12,
  • 34      As a result, the obligation imposed by Articles 3 and 6 of Directive 2006/24 on providers of publicly available electronic communications services or of public communications networks to retain, for a certain period, data relating to a person’s private life and to his communications, such as those referred to in Article 5 of the directive, constitutes in itself an interference with the rights guaranteed by Article 7 of the Charter. 35      Furthermore, the access of the competent national authorities to the data constitutes a further interference with that fundamental right (see, as regards Article 8 of the ECHR, Eur. Court H.R., Leander v. Sweden, 26 March 1987, § 48, Series A no 116; Rotaru v. Romania [GC], no. 28341/95, § 46, ECHR 2000-V; and Weber and Saravia v. Germany (dec.), no. 54934/00, § 79, ECHR 2006-XI). Accordingly, Articles 4 and 8 of Directive 2006/24 laying down rules relating to the access of the competent national authorities to the data also constitute an interference with the rights guaranteed by Article 7 of the Charter. 36      Likewise, Directive 2006/24 constitutes an interference with the fundamental right to the protection of personal data guaranteed by Article 8 of the Charter because it provides for the processing of personal data.
  • 65      It follows from the above that Directive 2006/24 does not lay down clear and precise rules governing the extent of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter. It must therefore be held that Directive 2006/24 entails a wide-ranging and particularly serious interference with those fundamental rights in the legal order of the EU, without such an interference being precisely circumscribed by provisions to ensure that it is actually limited to what is strictly necessary.66      Moreover, as far as concerns the rules relating to the security and protection of data retained by providers of publicly available electronic communications services or of public communications networks, it must be held that Directive 2006/24 does not provide for sufficient safeguards, as required by Article 8 of the Charter, to ensure effective protection of the data retained against the risk of abuse and against any unlawful access and use of that data. In the first place, Article 7 of Directive 2006/24 does not lay down rules which are specific and adapted to (i) the vast quantity of data whose retention is required by that directive, (ii) the sensitive nature of that data and (iii) the risk of unlawful access to that data, rules which would serve, in particular, to govern the protection and security of the data in question in a clear and strict manner in order to ensure their full integrity and confidentiality. Furthermore, a specific obligation on Member States to establish such rules has also not been laid down.
  • 60      Secondly, not only is there a general absence of limits in Directive 2006/24 but Directive 2006/24 also fails to lay down any objective criterion by which to determine the limits of the access of the competent national authorities to the data and their subsequent use for the purposes of prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter, may be considered to be sufficiently serious to justify such an interference. On the contrary, Directive 2006/24 simply refers, in Article 1(1), in a general manner to serious crime, as defined by each Member State in its national law.61      Furthermore, Directive 2006/24 does not contain substantive and procedural conditions relating to the access of the competent national authorities to the data and to their subsequent use. Article 4 of the directive, which governs the access of those authorities to the data retained, does not expressly provide that that access and the subsequent use of the data in question must be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating thereto; it merely provides that each Member State is to define the procedures to be followed and the conditions to be fulfilled in order to gain access to the retained data in accordance with necessity and proportionality requirements.
  • 55      The need for such safeguards is all the greater where, as laid down in Directive 2006/24, personal data are subjected to automatic processing and where there is a significant risk of unlawful access to those data (see, by analogy, as regards Article 8 of the ECHR, S. and Marper v. the United Kingdom, § 103, and M. K. v. France, 18 April 2013, no. 19522/09, § 35).56      As for the question of whether the interference caused by Directive 2006/24 is limited to what is strictly necessary, it should be observed that, in accordance with Article 3 read in conjunction with Article 5(1) of that directive, the directive requires the retention of all traffic data concerning fixed telephony, mobile telephony, Internet access, Internet e-mail and Internet telephony. It therefore applies to all means of electronic communication, the use of which is very widespread and of growing importance in people’s everyday lives. Furthermore, in accordance with Article 3 of Directive 2006/24, the directive covers all subscribers and registered users. It therefore entails an interference with the fundamental rights of practically the entire European population. 57      In this respect, it must be noted, first, that Directive 2006/24 covers, in a generalised manner, all persons and all means of electronic communication as well as all traffic data without any differentiation, limitation or exception being made in the light of the objective of fighting against serious crime.
  • 62      In particular, Directive 2006/24 does not lay down any objective criterion by which the number of persons authorised to access and subsequently use the data retained is limited to what is strictly necessary in the light of the objective pursued. Above all, the access by the competent national authorities to the data retained is not made dependent on a prior review carried out by a court or by an independent administrative body whose decision seeks to limit access to the data and their use to what is strictly necessary for the purpose of attaining the objective pursued and which intervenes following a reasoned request of those authorities submitted within the framework of procedures of prevention, detection or criminal prosecutions. Nor does it lay down a specific obligation on Member States designed to establish such limits. 63      Thirdly, so far as concerns the data retention period, Article 6 of Directive 2006/24 requires that those data be retained for a period of at least six months, without any distinction being made between the categories of data set out in Article 5 of that directive on the basis of their possible usefulness for the purposes of the objective pursued or according to the persons concerned.64      Furthermore, that period is set at between a minimum of 6 months and a maximum of 24 months, but it is not stated that the determination of the period of retention must be based on objective criteria in order to ensure that it is limited to what is strictly necessary.
  • 52      So far as concerns the right to respect for private life, the protection of that fundamental right requires, according to the Court’s settled case-law, in any event, that derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (Case C‑473/12 IPI EU:C:2013:715, paragraph 39 and the case-law cited).53      In that regard, it should be noted that the protection of personal data resulting from the explicit obligation laid down in Article 8(1) of the Charter is especially important for the right to respect for private life enshrined in Article 7 of the Charter.54      Consequently, the EU legislation in question must lay down clear and precise rules governing the scope and application of the measure in question and imposing minimum safeguards so that the persons whose data have been retained have sufficient guarantees to effectively protect their personal data against the risk of abuse and against any unlawful access and use of that data (see, by analogy, as regards Article 8 of the ECHR, Eur. Court H.R., Liberty and Others v. the United Kingdom, 1 July 2008, no. 58243/00, § 62 and 63; Rotaru v. Romania, § 57 to 59, and S. and Marper v. the United Kingdom, § 99).
  • 26      In that regard, it should be observed that the data which providers of publicly available electronic communications services or of public communications networks must retain, pursuant to Articles 3 and 5 of Directive 2006/24, include data necessary to trace and identify the source of a communication and its destination, to identify the date, time, duration and type of a communication, to identify users’ communication equipment, and to identify the location of mobile communication equipment, data which consist, inter alia, of the name and address of the subscriber or registered user, the calling telephone number, the number called and an IP address for Internet services. Those data make it possible, in particular, to know the identity of the person with whom a subscriber or registered user has communicated and by what means, and to identify the time of the communication as well as the place from which that communication took place. They also make it possible to know the frequency of the communications of the subscriber or registered user with certain persons during a given period. 27      Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them.
  • 32      By requiring the retention of the data listed in Article 5(1) of Directive 2006/24 and by allowing the competent national authorities to access those data, Directive 2006/24, as the Advocate General has pointed out, in particular, in paragraphs 39 and 40 of his Opinion, derogates from the system of protection of the right to privacy established by Directives 95/46 and 2002/58 with regard to the processing of personal data in the electronic communications sector, directives which provided for the confidentiality of communications and of traffic data as well as the obligation to erase or make those data anonymous where they are no longer needed for the purpose of the transmission of a communication, unless they are necessary for billing purposes and only for as long as so necessary.
  • On those grounds, the Court (Grand Chamber) hereby rules:Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is invalid.
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    EU Court of Justice decision in regard to a Directive that required communications data retention by telcos/ISPs, finding the Directive invalid as a violation of the right of privacy in communications. Fairly read, paragraph 59 outlaws bulk collection of such records, i.e., it requires the equivalent of a judge-issued search warrant in the U.S. based on probable cause to believe that the particular individual's communications are a legitimate object of a search.  Note also that paragraph 67 effectively forbids transfer of any retained data outside the E.U. So a barrier for NSA sharing of data with GCHQ derived from communications NSA collects from EU communications traffic. Bye-bye, Big Data for GCHQ in the E.U. 
Paul Merrell

How the NSA is still harvesting your online data | World news | guardian.co.uk - 0 views

  • A review of top-secret NSA documents suggests that the surveillance agency still collects and sifts through large quantities of Americans' online data – despite the Obama administration's insistence that the program that began under Bush ended in 2011.Shawn Turner, the Obama administration's director of communications for National Intelligence, told the Guardian that "the internet metadata collection program authorized by the Fisa court was discontinued in 2011 for operational and resource reasons and has not been restarted."But the documents indicate that the amount of internet metadata harvested, viewed, processed and overseen by the Special Source Operations (SSO) directorate inside the NSA is extensive.While there is no reference to any specific program currently collecting purely domestic internet metadata in bulk, it is clear that the agency collects and analyzes significant amounts of data from US communications systems in the course of monitoring foreign targets.
  • On December 26 2012, SSO announced what it described as a new capability to allow it to collect far more internet traffic and data than ever before. With this new system, the NSA is able to direct more than half of the internet traffic it intercepts from its collection points into its own repositories. One end of the communications collected are inside the United States.The NSA called it the "One-End Foreign (1EF) solution". It intended the program, codenamed EvilOlive, for "broadening the scope" of what it is able to collect. It relied, legally, on "FAA Authority", a reference to the 2008 Fisa Amendments Act that relaxed surveillance restrictions.This new system, SSO stated in December, enables vastly increased collection by the NSA of internet traffic. "The 1EF solution is allowing more than 75% of the traffic to pass through the filter," the SSO December document reads. "This milestone not only opened the aperture of the access but allowed the possibility for more traffic to be identified, selected and forwarded to NSA repositories."
  • It continued: "After the EvilOlive deployment, traffic has literally doubled."The scale of the NSA's metadata collection is highlighted by references in the documents to another NSA program, codenamed ShellTrumpet.On December 31, 2012, an SSO official wrote that ShellTrumpet had just "processed its One Trillionth metadata record".
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  • An SSO entry dated September 21, 2012, announced that "Transient Thurible, a new Government Communications Head Quarters (GCHQ) managed XKeyScore (XKS) Deep Dive was declared operational." The entry states that GCHQ "modified" an existing program so the NSA could "benefit" from what GCHQ harvested."Transient Thurible metadata [has been] flowing into NSA repositories since 13 August 2012," the entry states.
  • Another SSO entry, dated February 6, 2013, described ongoing plans to expand metadata collection. A joint surveillance collection operation with an unnamed partner agency yielded a new program "to query metadata" that was "turned on in the Fall 2012". Two others, called MoonLightPath and Spinneret, "are planned to be added by September 2013."A substantial portion of the internet metadata still collected and analyzed by the NSA comes from allied governments, including its British counterpart, GCHQ.
  • Explaining that the five-year old program "began as a near-real-time metadata analyzer … for a classic collection system", the SSO official noted: "In its five year history, numerous other systems from across the Agency have come to use ShellTrumpet's processing capabilities for performance monitoring" and other tasks, such as "direct email tip alerting."Almost half of those trillion pieces of internet metadata were processed in 2012, the document detailed: "though it took five years to get to the one trillion mark, almost half of this volume was processed in this calendar year".
  • A review of top-secret NSA documents suggests that the surveillance agency still collects and sifts through large quantities of Americans' online data – despite the Obama administration's insistence that the program that began under Bush ended in 2011.Shawn Turner, the Obama administration's director of communications for National Intelligence, told the Guardian that "the internet metadata collection program authorized by the Fisa court was discontinued in 2011 for operational and resource reasons and has not been restarted."But the documents indicate that the amount of internet metadata harvested, viewed, processed and overseen by the Special Source Operations (SSO) directorate inside the NSA is extensive.While there is no reference to any specific program currently collecting purely domestic internet metadata in bulk, it is clear that the agency collects and analyzes significant amounts of data from US communications systems in the course of monitoring foreign targets.
Paul Merrell

US and Israel try to rewrite history of UN resolution declaring Zionism racism - 0 views

  • “Zionism is a form of racism and racial discrimination,” reads UN General Assembly Resolution 3379. The measure was adopted 40 years ago, on Nov. 10, 1975, and the majority of the international community backed it. 72 countries voted for the resolution, with just 35 opposed (and 32 abstentions). Although little-known in the US today (it is remarkable how effectively the US and its allies have rewritten history in their favor), UN GA Res. 3379, titled “Elimination of all forms of racial discrimination,” made an indelible imprint on history. The geographic distribution of the vote was telling. The countries that voted against the resolution were primarily colonial powers and/or their allies. The countries that voted for it were overwhelmingly formerly colonized and anti-imperialist nations.
  • The resolution also cited two other little-known measures passed by international organizations in the same year: the Assembly of the Heads of State and Government of the Organization of African Unity’s resolution 77, which ruled “that the racist regime in occupied Palestine and the racist regimes in Zimbabwe and South Africa have a common imperialist origin, forming a whole and having the same racist structure”; and the Political Declaration and Strategy to Strengthen International Peace and Security and to Intensify Solidarity and Mutual Assistance among Non-Aligned Countries, which called Zionism a “racist and imperialist ideology.” When the resolution was passed, Israeli Ambassador to the UN Chaim Herzog — who later became Israel’s sixth president, and the father of Isaac Herzog, the head of Israel’s opposition — famously tore up the text at the podium. Herzog claimed the measure was “based on hatred, falsehood, and arrogance,” insisting it was “devoid of any moral or legal value.” Still today, supporters of Israel argue UN GA Res. 3379 was an anomalous product of anti-Semitism. In reality, however, the resolution was the result of international condemnation of the illegal military occupation to which Palestinians had been subjected since 1967 and the apartheid-like conditions the indigenous Arab population had lived under as second-class citizens of an ethnocratic state since 1948.
  • In 1991, resolution 3379 was repealed for two primary reasons: One, the Soviet bloc, which helped pass the resolution, had collapsed; and two, Israel and the US demanded that it be revoked or they refused to participate in the Madrid Peace Conference. At the UN on Nov. 11, US Ambassador to the UN Samantha Power and Secretary of State John Kerry eulogized the late Herzog and forcefully condemned the resolution on its 40th anniversary. In his 2,500-word statement, Kerry mentioned Palestinians just once, and only then as an extension of Israelis. In her remarks, Power did not mention Palestinians at all.
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  • In his speech, Kerry smeared resolution 3379 as “anti-Semitic” and “absurd.” Kerry called it “a bitter irony that this resolution against Zionism was originally a resolution against racism and colonialism” and lamented that “reasonableness was detoured by a willful ignorance of history and truth.” Sec. Kerry insisted “we will do all in our power to prevent the hijacking of this great forum for malicious intent” — a fascinating claim, considering how incredibly often the US itself hijacks the UN against the will of the international community, in the interests of both itself and Israel. Kerry warned about “the global reality of anti-Semitism today” (he made no mention whatsoever of the global reality of rampant, rapidly accelerating, and viciously violent anti-Muslim, anti-Arab, and anti-Black racism), and implied that the “terrorist bigots of Daesh [ISIS], Boko Haram, Al Shabaab, and so many others” are part of this larger anti-Semitic trend. One could argue Sec. Kerry downplayed the severity of the present political situation by characterizing these fascistic groups’ violent extremism as rooted in anti-Semitic bigotry, rather than in radicalization under conditions of intense oppression, bitter poverty, and brutal tyranny.
  • UN Secretary-General Ban Ki-moon joined Kerry, Power, and Netanyahu in the echo chamber, albeit with a bit more subtlety. “The reputation of the United Nations was badly damaged by the adoption of resolution 3379, in and beyond Israel and the wider Jewish community,” he said. Unlike the others, Ban condemned not just anti-Semitism, but also “wide-ranging anti-Muslim bigotry and attacks [and] discrimination against migrants and refugees.” Although the Israeli government accuses the UN of bias, the evidence demonstrates the opposite. Secret cables released by whistleblowing journalism organization WikiLeaks revealed that the US and Israel worked hand-in-hand with the UN and Sec.-Gen. Ban in order to undermine investigation into and punitive action on Israel’s war crimes in Gaza.
  • In her speech at the UN, Power, like Kerry, conflated the heinous Nazi attacks on Jewish civilians in the Kristallnacht with UN GA Res. 3379. Both speakers cited the abominable horrors of the Holocaust several times as reasons to support Zionism, glossing over the fact that Zionism was created in the late 19th century and that the Balfour Declaration dates back to 1917, decades before World War II. Amb. Power — a serial warmonger and veteran blame-dodger — did what she did best: rewrote history in the favor of US imperialism. She called the resolution “1975 smearing of Jews’ aspirations to have a homeland” and insisted multiple times that resolutions like 3379 “threaten the legitimacy of the UN.” Like Kerry, Power conveniently forgot to mention that, when it comes to the halls of the UN, there is no other rogue state as blunt as the US, which regularly spits in the face of the international community, defying UN resolutions, violating the UN Charter, and breaking international law when it sees fit. Power’s speech exposed the fault lines in the contentious (to put it mildly) relationship between the US and the UN — that is to say, between the US and the international community. Such tensions are not the fault of the UN; the blame rests squarely on the shoulders of Washington, with its doctrinal “American exceptionalism” and the flagrant disregard for international law that so frequently accompanies such imperial hubris.
  • In their speeches, both Kerry and Power also thanked Israeli UN Ambassador Danny Danon, who was described by an Israeli Labor Party lawmaker as “a right-wing extremist with the diplomatic sensitivity of a pit bull” and who proposed legislation that would, in his own words, have the Israeli government “annex the West Bank and repeal the Oslo Accords.” Amb. Danon insists that God gave the land of historic Palestine to the Jewish people as an “everlasting possession” (while forsaking the US). He also told the Times of Israel that the “international community can say whatever they want, and we can do whatever we want.” Netanyahu addressed the session with a video message. He claimed that Israel, which has for years led the world in violating UN Security Council resolutions, “continues to face systemic discrimination here at the UN.” In a January 2013 statement submitted to the UN Human Rights Council, the Russell Tribunal calculated Israel had defied a bare minimum of 87 Security Council resolutions. The Russel Tribunal also crucially noted “that Israel’s ongoing colonial settlement expansion, its racial separatist policies, as well as its violent militarism would not be possible without the US’s unequivocal support.” The tribunal pointed out that Israel “is the largest recipient of US foreign aid since 1976 and the largest cumulative recipient since World War II” and that, between 1972 and 2012, the US was the lone veto of UN resolutions critical of Israel 43 times.
  • The US secretary of state extolled “Zionism as the expression of a national liberation movement.” The national liberation movements of Vietnam, Korea, China, Nicaragua, El Salvador, Colombia, Congo, South Africa, Burkina Faso, and so many more nations, however, did not get such approval from Washington; au contraire, they were mercilessly crushed under the iron fist of American empire. Traditionally, only right-wing and settler-colonial “national liberation movements” have garnered the US’s official approval. “Why do we Americans care so much about the rights of others being respected?” Kerry asked unprovoked. “Because, in an interconnected world, injustice anywhere is a threat to justice everywhere.” He should tell that to the victims of US-backed dictatorships in Saudi Arabia, the UAE, Bahrain, Qatar, Egypt, Turkmenistan, Kazakhstan, Thailand, Brunei, Rwanda, Ethiopia, Uganda, and, once again, so many more nations. “Times may change, but one thing we do know: America’s support for Israel’s dreaming and Israel’s security, that will never change,” Kerry proclaimed.
  • The real victim of the 40th anniversary event was the truth — and, of course, as it was four decades ago, the Palestinians. Yet, while UN GA Res. 3379 was repealed, the truth cannot be revoked. Zionism was and remains an unequivocally racist movement — just like any other hyper-nationalist and ethnocratic movement. None other than the founding father of Zionism, Theodor Herzl, recognized this elementary fact. In a 1902 letter to Cecil Rhodes — a diamond magnate and white supremacist British colonialist with oceans of African blood on his hands — Herzl, writing of “the idea of Zionism, which is a colonial idea,” requested help colonizing historic Palestine. “It doesn’t involve Africa, but a piece of Asia Minor, not Englishmen but Jews… How, then, do I happen to turn to you since this is an out-of-the-way matter for you? How indeed? Because it is something colonial,” Herzl wrote. “I want you to… put the stamp of your authority on the Zionist plan.”
Gary Edwards

75 Economic Numbers From 2012 That Are Almost Too Crazy To Believe - 0 views

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    Thanks to Marbux we have this extraordinary collection of facts and figures describing the economic catastrophe that has hit the USA.  excerpt: "What a year 2012 has been!  The mainstream media continues to tell us what a "great job" the Obama administration and the Federal Reserve are doing of managing the economy, but meanwhile things just continue to get even worse for the poor and the middle class.  It is imperative that we educate the American people about the true condition of our economy and about why all of this is happening.  If nothing is done, our debt problems will continue to get worse, millions of jobs will continue to leave the country, small businesses will continue to be suffocated, the middle class will continue to collapse, and poverty in the United States will continue to explode.  Just "tweaking" things slightly is not going to fix our economy.  We need a fundamental change in direction.  Right now we are living in a bubble of debt-fueled false prosperity that allows us to continue to consume far more wealth than we produce, but when that bubble bursts we are going to experience the most painful economic "adjustment" that America has ever gone through.  We need to be able to explain to our fellow Americans what is coming, why it is coming and what needs to be done.  Hopefully the crazy economic numbers that I have included in this article will be shocking enough to wake some people up. The end of the year is a time when people tend to gather with family and friends more than they do during the rest of the year.  Hopefully many of you will use the list below as a tool to help start some conversations about the coming economic collapse with your loved ones.  Sadly, most Americans still tend to doubt that we are heading into economic oblivion.  So if you have someone among your family and friends that believes that everything is going to be "just fine", just show them these numbers.  They are a good summary of the problems that the U
Paul Merrell

Shell stops Arctic activity after 'disappointing' tests - BBC News - 0 views

  • Royal Dutch Shell has stopped Arctic oil and gas exploration off the coast of Alaska after "disappointing" results from a key well in the Chukchi Sea.In a surprise announcement, the company said it would end exploration off Alaska "for the foreseeable future".Shell said it did not find sufficient amounts of oil and gas in the Burger J well to warrant further exploration.The company has spent about $7bn (£4.5bn) on Arctic offshore development in the Chukchi and Beaufort seas."Shell continues to see important exploration potential in the basin, and the area is likely to ultimately be of strategic importance to Alaska and the US," said Marvin Odum, president of Shell USA. "However, this is a clearly disappointing exploration outcome for this part of the basin."
  • Indeed some analysts suggested Shell might give up on the Arctic completely. "It is possible that Shell might almost be relieved as they can stop exploration for a legitimate operational reason, rather than being seen to bow to environmental pressure," Stuart Elliott from energy information group Platts told the BBC."With the oil price around $50 a barrel, it was a risky endeavour with no guarantee of success. "You could argue that this has been bad for Shell's reputation and it wouldn't be a big surprise if they abandoned Arctic drilling altogether."
  • So, what changed?Certainly, the first findings from the Burger J exploration well 150 miles off the Alaskan coast were not promising.Second, although President Barack Obama had given the necessary permissions for drilling to start again following the problems of rig fires in 2012, Mrs Clinton's tweet revealed that political risks were still substantial.
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  • The US Geological Survey estimates that the Arctic holds about 30% of the world's undiscovered natural gas, as well as 13% of its oil.According to Shell, this amounts to around 400 billion barrels of oil equivalent, 10 times the total oil and gas produced in the North Sea to date.
  • However, environmental groups oppose Arctic offshore drilling, saying it will pollute and damage a natural wilderness largely untouched by human activity. They also argue that fossil fuels such as oil and gas must be left in the ground if the world is to avoid dangerous climate change.Over the summer, protesters in kayaks unsuccessfully tried to block Arctic-bound Shell vessels in Seattle and Portland, Oregon. "Big oil has sustained an unmitigated defeat," said Greenpeace UK executive director John Sauven."The Save the Arctic movement has exacted a huge reputational price from Shell for its Arctic drilling programme, and as the company went another year without striking oil, that price finally became too high."Shell had continued to explore for oil despite the slump in the price of oil. Other oil and gas majors have shelved expensive exploration projects but, having invested billions of dollars in its Arctic project, Shell persisted, believing that Arctic oil would be competitive in the longer term.This is why the announcement came as such a surprise.
  • More on this story Video Shell calls end to Alaska oil search 52 minutes ago Shell has made a costly call to abandon Alaska 28 September 2015 'Volatile' oil price hard to predict, says Shell boss 17 September 2015 Why mega-merger is so important for Shell 8 April 2015 BP profits fall on low oil price 28 July 2015
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    Not mentioned in the article, but environmental groups recently announced that they would begin a consumer boycott of Shell fuels because of its Artic drilling.  
Paul Merrell

John McCain, Conductor of the "Arab Spring" and the Caliph , by Thierry Meyssan - 0 views

  • Everyone has noticed the contradiction of those who recently characterized the Islamic Emirate as "freedom fighters" in Syria and who are indignant today faced with its abuses in Iraq. But if that speech is incoherent in itself, it makes perfect sense in the strategic plan: the same individuals were to be presented as allies yesterday and must be as enemies today, even if they are still on orders from Washington. Thierry Meyssan reveals below US policy through the particular case of Senator John McCain, conductor of the "Arab Spring" and longtime partner of Caliph Ibrahim.
  • ohn McCain is known as the leader of the Republicans and unhappy 2008 US presidential candidate. This is, we will see, only the real part of his biography, which serves as a cover to conduct covert actions on behalf of his government. When I was in Libya during the "Western"attack, I was able to view a report of the foreign intelligence services. It stated that, on February 4, 2011 in Cairo, NATO organized a meeting to launch the "Arab Spring" in Libya and Syria. According to this document, the meeting was chaired by John McCain. The report detailed the list of Libyan participants, whose delegation was led by the No. 2 man of the government of the day, Mahmoud Jibril, who abruptly switched sides at the entrance of the meeting to become the opposition leader in exile. I remember that, among the French delegates present, the report quoted Bernard-Henry Lévy, although officially he had never exercised functions within the French government. Many other personalities attended the symposium, including a large delegation of Syrians living abroad.
  • Emerging from the meeting, the mysterious Syrian Revolution 2011 Facebook account called for demonstrations outside the People’s Council (National Assembly) in Damascus on February 11. Although this Facebook account at the time claimed to have more than 40,000 followers, only a dozen people responded to its call before the flashes of photographers and hundreds of police. The demonstration dispersed peacefully and clashes only began more than a month later in Deraa. [1] On February 16, 2011, a demonstration underway in Benghazi, in memory of members of the Islamic Fighting Group in Libya [2] massacred in 1996 in the Abu Selim prison, degenerated into shooting. The next day, a second event, this time in memory of those who died by attacking the Danish consulate during the Muhammad cartoons affair, also degenerated into shooting. At the same time, members of the Islamic Fighting Group in Libya ,coming from Egypt and coordinated by unidentified, hooded individuals, simultaneously attacked four military bases in four different cities. After three days of fighting and atrocities, the rebels launched the uprising of Cyrenaica against Tripolitania [3]; a terrorist attack that the western press falsely presented as a "democratic revolution" against "the regime" of Muammar el-Qaddafi.
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  • On February 22nd, John McCain was in Lebanon. He met members of the Future Movement (the party of Saad Hariri) whom he charged to oversee the transfer of arms to Syria around the MP Okab Sakr [4]. Then, leaving Beirut, he inspected the Syrian border and the selected villages including Ersal, which were used as a basis to back mercenaries in the war to come. The meetings chaired by John McCain were clearly the trigger point for a long-prepared Washington plan; the plan that would have the UK and France attack Libya and Syria simultaneously, following the doctrine of "leadership from behind" and the annex of the Treaty of Lancaster House of November 2010. [5]
  • In May 2013, Senator John McCain made his way illegally to near Idleb in Syria via Turkey to meet with leaders of the "armed opposition". His trip was not made public until his return to Washington. [6] This movement was organized by the Syrian Emergency Task Force, which, contrary to its title, is a Zionist Organization led by a Palestinian employee of AIPAC [7]
  • John McCain in Syria. In the foreground at right is the director of the Syrian Emergency Task Force. In the doorway, center, Mohammad Nour.
  • In photographs released at that time, one noticed the presence of Mohammad Nour, a spokesman for the Northern Storm Brigade (of the Al-Nosra Front, that is to say, al-Qaeda in Syria), who kidnapped and held 11 Lebanese Shiite pilgrims in Azaz. [8] Asked about his proximity to al-Qaeda kidnappers, the Senator claimed not to know Mohammad Nour who would have invited himself into this photo. The affair made a great noise and the families of the abducted pilgrims lodged a complaint before the Lebanese judiciary against Senator McCain for complicity in kidnapping. Ultimately, an agreement was reached and the pilgrims were released. Let’s suppose that Senator McCain had told the truth and that he was abused by Mohammad Nour. The object of his illegal trip to Syria was to meet the chiefs of staff of the Free Syrian Army. According to him, the organization was composed "exclusively of Syrians" fighting for "their freedom" against the "Alouite dictatorship” (sic). The tour organizers published this photograph to attest to the meeting.
  • John McCain and the heads of the Free Syrian Army. In the left foreground, Ibrahim al-Badri, with which the Senator is talking. Next, Brigadier General Salim Idris (with glasses).
  • If we can see Brigadier General Idriss Salem, head of the Free Syrian Army, one can also see Ibrahim al-Badri (foreground on the left) with whom the senator is talking. Back from the surprise trip, John McCain claimed that all those responsible for the Free Syrian Army were "moderates who can be trusted" (sic).
  • However, since October 4, 2011, Ibrahim al-Badri (also known as Abu Du’a) was on the list of the five terrorists most wanted by the United States (Rewards for Justice). A premium of up to $ 10 million was offered to anyone who would assist in his capture. [9] The next day, October 5, 2011, Ibrahim al-Badri was included in the list of the Sanctions Committee of the UN as a member of Al Qaeda. [10] In addition, a month before receiving Senator McCain, Ibrahim al-Badri, known under his nom de guerre as Abu Bakr al-Baghdadi, created the Islamic State in Iraq and the Levant (ÉIIL) – all the while still belonging to the staff of the very "moderate" Free Syrian Army. He claimed as his own the attack on the Taj and Abu Ghraib prisons in Iraq, from which he helped between 500 and 1,000 jihadists escape who then joined his organization. This attack was coordinated with other almost simultaneous operations in eight other countries. Each time, the escapees joined the jihadist organizations fighting in Syria. This case is so strange that Interpol issued a note and requested the assistance of the 190 member countries. [11]
  • For my part, I have always said that there was no difference on the ground between the Free Syrian Army, Al-Nosra Front, the Islamic Emirate etc ... All these organizations are composed of the same individuals who continuously change flag. When they pose as the Free Syrian Army, they fly the flag of French colonization and speak only of overthrowing the "dog Bashar." When they say they belong to Al-Nosra Front, they carry the flag of al Qaeda and declare their intention to spread Islam in the world. Finally when they say they are the Islamic Emirate, they brandish the flag of the Caliphate and announce that they will clean the area of all infidels. But whatever the label, they proceed to the same abuses: rape, torture, beheadings, crucifixions. Yet neither Senator McCain nor his companions of the Syrian Emergency Task Force provided the information in their possession on Ibrahim al-Badri to the State Department, nor have they asked for the reward. Nor have they informed the anti-terrorism Committee of the UN.
  • But John McCain is not just the leader of the political opposition to President Obama, he is also one of his senior officials! He is in fact President of the International Republican Institute (IRI), the republican branch of NED / CIA [12], since January 1993. This so-called "NGO" was officially established by President Ronald Reagan to extend certain activities of the CIA, in connection with the British, Canadian and Australian secret services. Contrary to its claims, it is indeed an inter-governmental agency. Its budget is approved by Congress in a budget line dependent of the Secretary of State. It is also because it is a joint agency of the Anglo-Saxon secret services that several states in the world prohibit it from any activity on their territory.
  • he list of interventions by John McCain on behalf of the State Department is impressive. He participated in all the color revolutions of the last twenty years.
  • And an agent that has the best coverage imaginable: he is the official opponent of Barack Obama. As such, he can travel anywhere in the world (he is the most traveled US senator) and meet whoever he wants without fear. If his interlocutors approve Washington policy, he promised them to continue it, if they fight it, he hands over the responsibility to President Obama.
  • In 2003, France’s opposition was not enough to offset the influence of the Committee for the Liberation of Iraq. The United States attacked the country again and this time overthrew President Hussein. Of course, John McCain was a major contributor to the Committee. After handing to a private company the care of plundering the country for a year [17], they tried to partition Iraq into three separate states, but had to give it up due to the resistance of the population. They tried again in 2007, around the Biden-Brownback resolution, but again failed. [18] Hence the current strategy that attempts to achieve this by means of a non-state actor: the Islamic Emirate.
  • The operation was planned well in advance, even before the meeting between John McCain and Ibrahim al-Badri. For example, internal correspondence from the Qatari Ministry of Foreign Affairs, published by my friends James and Joanne Moriarty [19], shows that 5,000 jihadis were trained at the expense of Qatar in NATO’s Libya in 2012, and 2,5 million dollars was paid at the same time to the future Caliph. In January of 2014, the Congress of the United States held a secret meeting at which it voted, in violation of international law, to approve funding for the Al-Nosra Front (Al-Qaeda) and the Islamic emirate in Iraq and the Levant until September 2014. [20] Although it is unclear precisely what was really agreed to during this meeting revealed by the British Reuters news agency [21], and no media US media dared bypass censorship, it is highly probable that the law includes a section on arming and training jihadists.
  • Proud of this US funding, Saudi Arabia has claimed on its public television channel, Al-Arabiya, that the Islamic Emirate was headed by Prince Abdul Rahman al-Faisal, brother of Prince Saud al Faisal (Foreign Minister) and Prince Turki al-Faisal (Saudi ambassador to the United States and the United Kingdom) [22]. The Islamic Emirate represents a new step in the world of mercenaries. Unlike jihadi groups who fought in Afghanistan, Bosnia-Herzegovina and Chechnya around Osama bin Laden, it does not constitute a residual force but actually an army in itself. Unlike previous groups in Iraq, Libya and Syria, around Prince Bandar bin Sultan, they have sophisticated communication services at their disposal for recruitment and civilian officials trained in large western schools capable of instantly taking over the administration of a territory.
  • Brand new Ukrainian weapons were purchased by Saudi Arabia and conveyed by the Turkish secret services who gave them to the Islamic Emirate. Final details were coordinated with the Barzani family at a meeting of jihadist groups in Amman on 1 June 2014. [23] The joint attack on Iraq by the Islamic Emirate and the Kurdistan Regional Government began four days later. The Islamic Emirate seized the Sunni part of the country, while the Kurdistan Regional Government increased its territory by over 40%. Fleeing the atrocities of jihadists, religious minorities left the Sunni area, paving the way for the three-way partition of the country. Violating the Iraqi-US Defense agreement, the Pentagon did not intervene and allowed the Islamic Emirate to continue its conquest and massacres. A month later, while the Kurdish Peshmerga Regional Government had retreated without a fight, and when the emotions of world public opinion became too strong, President Obama gave the order to bomb some positions of the Islamic Emirate. However, according to General William Mayville, director of operations at the headquarters, "These bombings are unlikely to affect the overall capacity of the Islamic Emirate and its activities in other areas of Iraq or Syria ". [24] Obviously, they are not meant to destroy the jihadist army, but only to ensure that each player does not overlap the territory that has been assigned. Moreover, for the moment, they are symbolic and have destroyed only a handful of vehicles. It was ultimately the intervention of the Kurds of the Turkish and Syrian Kurdish PKK which halted the progress of the Islamic Emirate and opened a corridor to allow civilians to escape the massacre.
  • In the latest issue of its magazine, the Islamic Emirate devoted two pages to denounce Senator John McCain as "the enemy" and "double-crosser", recalling his support for the US invasion of Iraq. Lest this accusation remain unknown in the United States, Senator immediately issued a statement calling the Emirate the "most dangerous Islamist terrorist group in the world" [26]. This controversy is there only to distract the gallery. One would like to believe it ... if it were’t for this photograph from May 2013.
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    Thierry Meysann makes the case that Sen. John McCain, working with  was the guiding force behind the Arab Spring, the overthrow of Qadaffi in Libya, and the invasion of Syria by mercenary Islamists, working with a Zionist but deliberately misnomered front group. Thierry goes on to show that McCain played a key role in the creation and deployment of ISIL.  
Paul Merrell

From Radio to Porn, British Spies Track Web Users' Online Identities - 0 views

  • HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs. The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.
  • Amid a renewed push from the U.K. government for more surveillance powers, more than two dozen documents being disclosed today by The Intercept reveal for the first time several major strands of GCHQ’s existing electronic eavesdropping capabilities.
  • The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens — all without a court order or judicial warrant
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  • A huge volume of the Internet data GCHQ collects flows directly into a massive repository named Black Hole, which is at the core of the agency’s online spying operations, storing raw logs of intercepted material before it has been subject to analysis. Black Hole contains data collected by GCHQ as part of bulk “unselected” surveillance, meaning it is not focused on particular “selected” targets and instead includes troves of data indiscriminately swept up about ordinary people’s online activities. Between August 2007 and March 2009, GCHQ documents say that Black Hole was used to store more than 1.1 trillion “events” — a term the agency uses to refer to metadata records — with about 10 billion new entries added every day. As of March 2009, the largest slice of data Black Hole held — 41 percent — was about people’s Internet browsing histories. The rest included a combination of email and instant messenger records, details about search engine queries, information about social media activity, logs related to hacking operations, and data on people’s use of tools to browse the Internet anonymously.
  • Throughout this period, as smartphone sales started to boom, the frequency of people’s Internet use was steadily increasing. In tandem, British spies were working frantically to bolster their spying capabilities, with plans afoot to expand the size of Black Hole and other repositories to handle an avalanche of new data. By 2010, according to the documents, GCHQ was logging 30 billion metadata records per day. By 2012, collection had increased to 50 billion per day, and work was underway to double capacity to 100 billion. The agency was developing “unprecedented” techniques to perform what it called “population-scale” data mining, monitoring all communications across entire countries in an effort to detect patterns or behaviors deemed suspicious. It was creating what it said would be, by 2013, “the world’s biggest” surveillance engine “to run cyber operations and to access better, more valued data for customers to make a real world difference.”
  • A document from the GCHQ target analysis center (GTAC) shows the Black Hole repository’s structure.
  • The data is searched by GCHQ analysts in a hunt for behavior online that could be connected to terrorism or other criminal activity. But it has also served a broader and more controversial purpose — helping the agency hack into European companies’ computer networks. In the lead up to its secret mission targeting Netherlands-based Gemalto, the largest SIM card manufacturer in the world, GCHQ used MUTANT BROTH in an effort to identify the company’s employees so it could hack into their computers. The system helped the agency analyze intercepted Facebook cookies it believed were associated with Gemalto staff located at offices in France and Poland. GCHQ later successfully infiltrated Gemalto’s internal networks, stealing encryption keys produced by the company that protect the privacy of cell phone communications.
  • Similarly, MUTANT BROTH proved integral to GCHQ’s hack of Belgian telecommunications provider Belgacom. The agency entered IP addresses associated with Belgacom into MUTANT BROTH to uncover information about the company’s employees. Cookies associated with the IPs revealed the Google, Yahoo, and LinkedIn accounts of three Belgacom engineers, whose computers were then targeted by the agency and infected with malware. The hacking operation resulted in GCHQ gaining deep access into the most sensitive parts of Belgacom’s internal systems, granting British spies the ability to intercept communications passing through the company’s networks.
  • In March, a U.K. parliamentary committee published the findings of an 18-month review of GCHQ’s operations and called for an overhaul of the laws that regulate the spying. The committee raised concerns about the agency gathering what it described as “bulk personal datasets” being held about “a wide range of people.” However, it censored the section of the report describing what these “datasets” contained, despite acknowledging that they “may be highly intrusive.” The Snowden documents shine light on some of the core GCHQ bulk data-gathering programs that the committee was likely referring to — pulling back the veil of secrecy that has shielded some of the agency’s most controversial surveillance operations from public scrutiny. KARMA POLICE and MUTANT BROTH are among the key bulk collection systems. But they do not operate in isolation — and the scope of GCHQ’s spying extends far beyond them.
  • The agency operates a bewildering array of other eavesdropping systems, each serving its own specific purpose and designated a unique code name, such as: SOCIAL ANTHROPOID, which is used to analyze metadata on emails, instant messenger chats, social media connections and conversations, plus “telephony” metadata about phone calls, cell phone locations, text and multimedia messages; MEMORY HOLE, which logs queries entered into search engines and associates each search with an IP address; MARBLED GECKO, which sifts through details about searches people have entered into Google Maps and Google Earth; and INFINITE MONKEYS, which analyzes data about the usage of online bulletin boards and forums. GCHQ has other programs that it uses to analyze the content of intercepted communications, such as the full written body of emails and the audio of phone calls. One of the most important content collection capabilities is TEMPORA, which mines vast amounts of emails, instant messages, voice calls and other communications and makes them accessible through a Google-style search tool named XKEYSCORE.
  • As of September 2012, TEMPORA was collecting “more than 40 billion pieces of content a day” and it was being used to spy on people across Europe, the Middle East, and North Africa, according to a top-secret memo outlining the scope of the program. The existence of TEMPORA was first revealed by The Guardian in June 2013. To analyze all of the communications it intercepts and to build a profile of the individuals it is monitoring, GCHQ uses a variety of different tools that can pull together all of the relevant information and make it accessible through a single interface. SAMUEL PEPYS is one such tool, built by the British spies to analyze both the content and metadata of emails, browsing sessions, and instant messages as they are being intercepted in real time. One screenshot of SAMUEL PEPYS in action shows the agency using it to monitor an individual in Sweden who visited a page about GCHQ on the U.S.-based anti-secrecy website Cryptome.
  • Partly due to the U.K.’s geographic location — situated between the United States and the western edge of continental Europe — a large amount of the world’s Internet traffic passes through its territory across international data cables. In 2010, GCHQ noted that what amounted to “25 percent of all Internet traffic” was transiting the U.K. through some 1,600 different cables. The agency said that it could “survey the majority of the 1,600” and “select the most valuable to switch into our processing systems.”
  • According to Joss Wright, a research fellow at the University of Oxford’s Internet Institute, tapping into the cables allows GCHQ to monitor a large portion of foreign communications. But the cables also transport masses of wholly domestic British emails and online chats, because when anyone in the U.K. sends an email or visits a website, their computer will routinely send and receive data from servers that are located overseas. “I could send a message from my computer here [in England] to my wife’s computer in the next room and on its way it could go through the U.S., France, and other countries,” Wright says. “That’s just the way the Internet is designed.” In other words, Wright adds, that means “a lot” of British data and communications transit across international cables daily, and are liable to be swept into GCHQ’s databases.
  • A map from a classified GCHQ presentation about intercepting communications from undersea cables. GCHQ is authorized to conduct dragnet surveillance of the international data cables through so-called external warrants that are signed off by a government minister. The external warrants permit the agency to monitor communications in foreign countries as well as British citizens’ international calls and emails — for example, a call from Islamabad to London. They prohibit GCHQ from reading or listening to the content of “internal” U.K. to U.K. emails and phone calls, which are supposed to be filtered out from GCHQ’s systems if they are inadvertently intercepted unless additional authorization is granted to scrutinize them. However, the same rules do not apply to metadata. A little-known loophole in the law allows GCHQ to use external warrants to collect and analyze bulk metadata about the emails, phone calls, and Internet browsing activities of British people, citizens of closely allied countries, and others, regardless of whether the data is derived from domestic U.K. to U.K. communications and browsing sessions or otherwise. In March, the existence of this loophole was quietly acknowledged by the U.K. parliamentary committee’s surveillance review, which stated in a section of its report that “special protection and additional safeguards” did not apply to metadata swept up using external warrants and that domestic British metadata could therefore be lawfully “returned as a result of searches” conducted by GCHQ.
  • Perhaps unsurprisingly, GCHQ appears to have readily exploited this obscure legal technicality. Secret policy guidance papers issued to the agency’s analysts instruct them that they can sift through huge troves of indiscriminately collected metadata records to spy on anyone regardless of their nationality. The guidance makes clear that there is no exemption or extra privacy protection for British people or citizens from countries that are members of the Five Eyes, a surveillance alliance that the U.K. is part of alongside the U.S., Canada, Australia, and New Zealand. “If you are searching a purely Events only database such as MUTANT BROTH, the issue of location does not occur,” states one internal GCHQ policy document, which is marked with a “last modified” date of July 2012. The document adds that analysts are free to search the databases for British metadata “without further authorization” by inputing a U.K. “selector,” meaning a unique identifier such as a person’s email or IP address, username, or phone number. Authorization is “not needed for individuals in the U.K.,” another GCHQ document explains, because metadata has been judged “less intrusive than communications content.” All the spies are required to do to mine the metadata troves is write a short “justification” or “reason” for each search they conduct and then click a button on their computer screen.
  • Intelligence GCHQ collects on British persons of interest is shared with domestic security agency MI5, which usually takes the lead on spying operations within the U.K. MI5 conducts its own extensive domestic surveillance as part of a program called DIGINT (digital intelligence).
  • GCHQ’s documents suggest that it typically retains metadata for periods of between 30 days to six months. It stores the content of communications for a shorter period of time, varying between three to 30 days. The retention periods can be extended if deemed necessary for “cyber defense.” One secret policy paper dated from January 2010 lists the wide range of information the agency classes as metadata — including location data that could be used to track your movements, your email, instant messenger, and social networking “buddy lists,” logs showing who you have communicated with by phone or email, the passwords you use to access “communications services” (such as an email account), and information about websites you have viewed.
  • Records showing the full website addresses you have visited — for instance, www.gchq.gov.uk/what_we_do — are treated as content. But the first part of an address you have visited — for instance, www.gchq.gov.uk — is treated as metadata. In isolation, a single metadata record of a phone call, email, or website visit may not reveal much about a person’s private life, according to Ethan Zuckerman, director of Massachusetts Institute of Technology’s Center for Civic Media. But if accumulated and analyzed over a period of weeks or months, these details would be “extremely personal,” he told The Intercept, because they could reveal a person’s movements, habits, religious beliefs, political views, relationships, and even sexual preferences. For Zuckerman, who has studied the social and political ramifications of surveillance, the most concerning aspect of large-scale government data collection is that it can be “corrosive towards democracy” — leading to a chilling effect on freedom of expression and communication. “Once we know there’s a reasonable chance that we are being watched in one fashion or another it’s hard for that not to have a ‘panopticon effect,’” he said, “where we think and behave differently based on the assumption that people may be watching and paying attention to what we are doing.”
  • When compared to surveillance rules in place in the U.S., GCHQ notes in one document that the U.K. has “a light oversight regime.” The more lax British spying regulations are reflected in secret internal rules that highlight greater restrictions on how NSA databases can be accessed. The NSA’s troves can be searched for data on British citizens, one document states, but they cannot be mined for information about Americans or other citizens from countries in the Five Eyes alliance. No such constraints are placed on GCHQ’s own databases, which can be sifted for records on the phone calls, emails, and Internet usage of Brits, Americans, and citizens from any other country. The scope of GCHQ’s surveillance powers explain in part why Snowden told The Guardian in June 2013 that U.K. surveillance is “worse than the U.S.” In an interview with Der Spiegel in July 2013, Snowden added that British Internet cables were “radioactive” and joked: “Even the Queen’s selfies to the pool boy get logged.”
  • In recent years, the biggest barrier to GCHQ’s mass collection of data does not appear to have come in the form of legal or policy restrictions. Rather, it is the increased use of encryption technology that protects the privacy of communications that has posed the biggest potential hindrance to the agency’s activities. “The spread of encryption … threatens our ability to do effective target discovery/development,” says a top-secret report co-authored by an official from the British agency and an NSA employee in 2011. “Pertinent metadata events will be locked within the encrypted channels and difficult, if not impossible, to prise out,” the report says, adding that the agencies were working on a plan that would “(hopefully) allow our Internet Exploitation strategy to prevail.”
Paul Merrell

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

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

5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered... - 0 views

  • The Justice Department is preparing to announce that Barclays, JPMorgan Chase, Citigroup and the Royal Bank of Scotland will collectively pay several billion dollars and plead guilty to criminal antitrust violations for rigging the price of foreign currencies, according to people briefed on the matter who spoke on the condition of anonymity. Most if not all of the pleas are expected to come from the banks’ holding companies, the people said — a first for Wall Street giants that until now have had only subsidiaries or their biggest banking units plead guilty.
  • The Justice Department is also preparing to resolve accusations of foreign currency misconduct at UBS. As part of that deal, prosecutors are taking the rare step of tearing up a 2012 nonprosecution agreement with the bank over the manipulation of benchmark interest rates, the people said, citing the bank’s foreign currency misconduct as a violation of the earlier agreement. UBS A.G., the banking unit that signed the 2012 nonprosecution agreement, is expected to plead guilty to the earlier charges and pay a fine that could be as high as $500 million rather than go to trial, the people said.
  • Holding companies, while appearing to be the most important entities at the banks, are in less jeopardy of suffering the consequences of guilty pleas. Some banks worried that a guilty plea by their biggest banking units, which hold licenses that enable them to operate branches and make loans, would be riskier, two of the people briefed on the matter said. The fear, they said, centered on whether state or federal regulators might revoke those licenses in response to the pleas. Advertisement Continue reading the main story Behind the scenes in Washington, the banks’ lawyers are also seeking assurances from federal regulators — including the Securities and Exchange Commission and the Labor Department — that the banks will not be barred from certain business practices after the guilty pleas, the people said. While the S.E.C.’s five commissioners have not yet voted on the requests for waivers, which would allow the banks to conduct business as usual despite being felons, the people briefed on the matter expected a majority of commissioners to grant them.In reality, those accommodations render the plea deals, at least in part, an exercise in stagecraft. And while banks might prefer a deferred-prosecution agreement that suspends charges in exchange for fines and other concessions — or a nonprosecution deal like the one that UBS is on the verge of losing — the reputational blow of being a felon does not spell disaster.
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  • The foreign exchange investigation, which centers on accusations that traders colluded to fix the price of major currencies, will test the Justice Department’s strategy for securing guilty pleas on Wall Street.
  • In the case of UBS, the bank will lose its nonprosecution agreement over interest rate manipulation, the people briefed on the matter said, a consequence of its misconduct in the foreign exchange case. It is unclear why that penalty will fall on UBS, but not on other banks suspected of manipulating both interest rates and currency prices.
  • the bank is expected to avoid pleading guilty in the foreign exchange case, the people said, though it will probably pay a fine. While UBS was unlikely to plead guilty to antitrust violations because it was the first to cooperate in the foreign exchange investigation, the bank was facing the possibility of pleading guilty to fraud charges related to the currency manipulation. The exact punishment is not yet final, the people added.The Justice Department negotiations coincide with the banks’ separate efforts to persuade the S.E.C. to issue waivers from automatic bans that occur when a company pleads guilty. If the waivers are not granted, a decision that the Justice Department does not control, the banks could face significant consequences.For example, some banks may be seeking waivers to a ban on overseeing mutual funds, one of the people said. They are also requesting waivers to ensure they do not lose their special status as “well-known seasoned issuers,” which allows them to fast-track securities offerings. For some of the banks, there is also a concern that they will lose their “safe harbor” status for making forward-looking statements in securities documents.
  • In turn, the S.E.C. asked the Justice Department to hold off on announcing the currency cases until the banks’ requests had been reviewed, one of the people said. As of Wednesday, it seemed probable that a majority of the S.E.C.’s commissioners would approve most of the waivers, which can be granted for a cause like the public good. Still, the agency’s two Democratic commissioners — Kara M. Stein and Luis A. Aguilar, who have denounced the S.E.C.’s use of waivers — might be more likely to balk.
  • Corporate prosecutions are a delicate matter, peppered with political and legal land mines. Senator Elizabeth Warren, Democrat of Massachusetts, and other liberal politicians have criticized prosecutors for treating Wall Street with kid gloves. Banks and their lawyers, however, complain about huge penalties and guilty pleas. Continue reading the main story Recent Comments AvangionQ 14 hours ago These are the sorts of crimes that take down nations, jail sentences should be mandatory. Lance Haley 14 hours ago I find this whole legal exercise not only irrational, but insulting. I am a criminal defense attorney. Punishing the shareholders and the... loomypop 14 hours ago There is much more than Irony in the reality of how America treats criminal action and punishment when the entire determination and outcome... See All Comments And lingering in the background is the case of Arthur Andersen, an accounting giant that imploded after being convicted in 2002 of criminal charges related to its work for Enron. After the firm’s collapse, and the later reversal of its conviction, prosecutors began to shift from indictments and guilty pleas to deferred-prosecution agreements. And in 2008, the Justice Department updated guidelines for prosecuting corporations, which have long included a requirement that prosecutors weigh collateral consequences like harm to shareholders and innocent employees.
  • “The collateral consequences consideration is designed to address the risk that a particular criminal charge might inflict disproportionate harm to shareholders, pension holders and employees who are not even alleged to be culpable or to have profited potentially from wrongdoing,” said Mark Filip, the Justice Department official who wrote the 2008 memo. “Arthur Andersen was ultimately never convicted of anything, but the mere act of indicting it destroyed one of the cornerstones of the Midwest’s economy.”
  •  
    In related news, the Dept. of Justice announced that it would begin using its "collateral consequences" analysis to decisions whether to charge human beings with crimes, taking into account the hardships imposed on innocent family members and other dependents if a person were sentenced to prison.  No? Sounds like corporations have more rights than human beings, yes?
Paul Merrell

The Anti-Empire Report #126 - March 7th, 2014 - William Blum - 0 views

  • Since the end of the Cold War the United States has been surrounding Russia, building one base after another, ceaselessly looking for new ones, including in Ukraine; one missile site after another, with Moscow in range; NATO has grabbed one former Soviet Republic after another. The White House, and the unquestioning American mainstream media, have assured us that such operations have nothing to do with Russia. And Russia has been told the same, much to Moscow’s continuous skepticism. “Look,” said Russian president Vladimir Putin about NATO some years ago, “is this is a military organization? Yes, it’s military. … Is it moving towards our border? It’s moving towards our border. Why?” The Holy Triumvirate would love to rip Ukraine from the Moscow bosom, evict the Russian Black Sea Fleet, and establish a US military and/or NATO presence on Russia’s border. (In case you were wondering what prompted the Russian military action.) Kiev’s membership in the EU would then not be far off; after which the country could embrace the joys of neo-conservatism, receiving the benefits of the standard privatization-deregulation-austerity package and join Portugal, Ireland, Greece, and Spain as an impoverished orphan of the family; but no price is too great to pay to for being part of glorious Europe and the West!
  • The Ukrainian insurgents and their Western-power supporters didn’t care who their Ukrainian allies were in carrying out their coup against President Viktor Yanukovych last month … thugs who set policemen on fire head to toe … all manner of extreme right-wingers, including Chechnyan Islamic militants … a deputy of the ultra-right Svoboda Party, part of the new government, who threatens to rebuild Ukraine’s nukes in three to six months. … the snipers firing on the protestors who apparently were not what they appeared to be – A bugged phone conversation between Urmas Paet, the Estonian foreign minister, and EU foreign policy chief Catherine Ashton, reveals Paet saying: “There is now stronger and stronger understanding that behind the snipers it was not Yanukovych, but it was somebody from the new coalition.” … neo-Nazi protestors in Kiev who have openly denounced Jews, hoisting a banner honoring Stepan Bandera, the infamous Ukrainian nationalist who collaborated with the German Nazis during World War II and whose militias participated in atrocities against Jews and Poles. The Israeli newspaper Haaretz reported on February 24 that Ukrainian Rabbi Moshe Reuven Azman advised “Kiev’s Jews to leave the city and even the country.” Edward Dolinsky, head of an umbrella organization of Ukrainian Jews, described the situation for Ukrainian Jews as “dire” and requested Israel’s help. All in all a questionable gang of allies for a dubious cause; reminiscent of the Kosovo Liberation Army thugs Washington put into power for an earlier regime change, and has kept in power since 1999.
  • The now-famous recorded phone conversation between top US State Department official Victoria Nuland and the US ambassador to the Ukraine, wherein they discuss which Ukrainians would be to Washington’s liking in a new government, and which not, is an example of this regime-change mentality. Nuland’s choice, Arseniy Yatseniuk, emerged as interim prime minister. The National Endowment for Democracy, an agency created by the Reagan administration in 1983 to promote political action and psychological warfare against states not in love with US foreign policy, is Washington’s foremost non-military tool for effecting regime change. The NED website lists 65 projects that it has supported financially in recent years in Ukraine. The descriptions NED gives to the projects don’t reveal the fact that generally their programs impart the basic philosophy that working people and other citizens are best served under a system of free enterprise, class cooperation, collective bargaining, minimal government intervention in the economy, and opposition to socialism in any shape or form. A free-market economy is equated with democracy, reform, and growth; and the merits of foreign investment in their economy are emphasized. The idea was that the NED would do somewhat overtly what the CIA had been doing covertly for decades, and thus, hopefully, eliminate the stigma associated with CIA covert activities. Allen Weinstein, who helped draft the legislation establishing NED, declared in 1991: “A lot of what we do today was done covertly 25 years ago by the CIA.”
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  • NED, receives virtually all its financing from the US government ($5 billion in total since 1991 ), but it likes to refer to itself as an NGO (Non-governmental organization) because this helps to maintain a certain credibility abroad that an official US government agency might not have. But NGO is the wrong category. NED is a GO. Its long-time intervention in Ukraine is as supra-legal as the Russian military deployment there. Journalist Robert Parry has observed: For NED and American neocons, Yanukovych’s electoral legitimacy lasted only as long as he accepted European demands for new “trade agreements” and stern economic “reforms” required by the International Monetary Fund. When Yanukovych was negotiating those pacts, he won praise, but when he judged the price too high for Ukraine and opted for a more generous deal from Russia, he immediately became a target for “regime change.” Thus, we have to ask, as Mr. Putin asked – “Why?” Why has NED been funding 65 projects in one foreign country? Why were Washington officials grooming a replacement for President Yanukovych, legally and democratically elected in 2010, who, in the face of protests, moved elections up so he could have been voted out of office – not thrown out by a mob? Yanukovych made repeated important concessions, including amnesty for those arrested and offering, on January 25, to make two of his adversaries prime minister and deputy prime minister; all to no avail; key elements of the protestors, and those behind them, wanted their putsch.
  • Carl Gershman, president of NED, wrote last September that “Ukraine is the biggest prize”. The man knows whereof he speaks. He has presided over NED since its beginning, overseeing the Rose Revolution in Georgia (2003), the Orange Revolution in Ukraine (2004), the Cedar Revolution in Lebanon (2005), the Tulip Revolution in Kyrgyzstan (2005), the Green Revolution in Iran (2009), and now Ukraine once again. It’s as if the Cold War never ended. The current unbridled animosity of the American media toward Putin also reflects an old practice. The United States is so accustomed to world leaders holding their tongue and not voicing criticism of Washington’s policies appropriate to the criminality of those policies, that when a Vladimir Putin comes along and expresses even a relatively mild condemnation he is labeled Public Enemy Number One and his words are accordingly ridiculed or ignored. On March 2 US Secretary of State John Kerry condemned Russia’s “incredible act of aggression” in Ukraine (Crimea) and threatened economic sanctions. “You just don’t in the 21st century behave in 19th century fashion by invading another country on completely trumped up pre-text.” Iraq was in the 21st century. Senator John Kerry voted for it. Hypocrisy of this magnitude has to be respected.
Paul Merrell

FBI sharply increases use of Patriot Act provision to collect US citizens' records - Op... - 0 views

  • The FBI has dramatically increased its use of a controversial provision of the Patriot Act to secretly obtain a vast store of business records of U.S. citizens under President Barack Obama, according to recent Justice Department reports to Congress. The bureau filed 212 requests for such data to a national security court last year – a 1,000-percent increase from the number of such requests four years earlier, the reports show. Follow @openchannelblog The FBI’s increased use of the Patriot Act’s “business records” provision — and the wide ranging scope of its requests -- is getting new scrutiny in light of last week’s disclosure that that the provision was used to obtain a top-secret national security order requiring telecommunications companies to turn over records of millions of telephone calls. Advertise | AdChoices Taken together, experts say, those revelations show the government has broadly interpreted the Patriot Act provision as enabling it to collect data not just on specific individuals, but on millions of Americans with no suspected terrorist connections. And it shows that the Foreign Intelligence Surveillance Court  accepted that broad interpretation of the law.
  • “That they were using this (provision) to do mass collection of data is definitely the biggest surprise,” said Robert Chesney, a top national security lawyer at the University of Texas Law School. “Most people who followed this closely were not aware they were doing this.  We’ve gone from producing records for a particular investigation to the production of all records for a massive pre-collection database. It’s incredibly sweeping.”  
  • But little-noticed statements by FBI Director Robert Mueller in recent years – as well as interviews with former senior law enforcement officials – hint at what Chesney calls a largely unnoticed “sea change” in the way the U.S. government collects data for terrorism and other national security investigations.
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  • The Patriot Act provision, known as Section 215, allows the FBI to require the production of business records and any other “tangible things” -- including “books, records, papers, documents and other items,” for an authorized terrorism or foreign intelligence investigation. The Patriot Act was a broad expansion of law enforcement powers enacted by Congress with overwhelming bipartisan support in the aftermath of the Sept. 11, 2001, terrorist attacks. In addition to Section 215, other provisions expanded the FBI’s power to issue so-called “national security letters,” requiring individuals and business to turn over a more limited set of records without any court order at all.  Advertise | AdChoices In contrast to standard grand jury subpoenas, material obtained under both Section 215 orders and national security letters must be turned over under so-called “gag orders” that forbid the business or institution that receives the order from notifying its customers or publicly referring to the matter.
  • Saying they wanted to put an end to “secret law,  eight U.S. senators — led by Sens. Jeff Merkley, D-Ore., and Mike Lee, R-Utah — on Tuesday introduced a bill to require the Justice Department to declassify national security court decisions that have permitted the use of the “business records” provision for such purposes.
  • In 2010, the number of requests jumped to 205 (all again granted, with 176 modified.) In the latest report filed on April 30, the department reported there had been 212 such requests in 2012 – all approved by the court, but 200 of them modified.These sharp increase in the use of Section 215 has drawn little attention until now because the number of national security letters (NSLs) issued by the bureau has been so much greater -- 15,229 in 2012. But FBI Director Mueller, in little-noticed written responses to Congress two years ago, explained that the bureau was encountering resistance from telecommunications companies in turning over “electronic communication transaction” records in response to national security letters.“Beginning in late 2009, certain electronic communications service providers no longer honored NSLs to obtain” records because of what their lawyers cited as “an ambiguity” in the law. (What Mueller didn’t say was this came at a time when all the major telecommunications companies were still facing lawsuits over their cooperation with the government on surveillance programs.) As a result, Mueller said, the FBI had switched over to demanding the same data under Section 215. “This change accounts for a significant increase in the volume of business records requests,” Mueller wrote.
  • From the earliest days of the Patriot Act, Section 215 was among the most hotly disputed of its provisions. Critics charged the language – “tangible things” -- was so broad that it would even permit the FBI to obtain library and bookstore records to inspect what citizens were reading.Ashcroft confronted criticismLargely to tamp down those concerns, then-Attorney General John Ashcroft declassified information about the FBI’s use of the provision in September 2003, saying in a statement that “the number of times Section 215 has been used to date is zero.” Ashcroft added that he was releasing the information “to counter the troubling amount of public distortion and misinformation” about Section 215. But in the years since, the FBI’s use of Section 215 quietly exploded, with virtually no public notice or debate. In 2009, as part of an annual report to Congress, the Justice Department reported there had been 21 applications for business records to the Foreign Intelligence Surveillance Court (FISC) under Section 215 – all of which were granted, though nine were modified by the court. (The reports do not explain how or why the orders were modified.) 
  • The motion also asks the court to consider the constitutionality of the “gag order” written into Section 215.“There should be no room for secret law,” said Jameel Jaffer, the ACLU’s deputy legal director, adding that disclosure of the FISC rulings is essential if the debate Obama called for is to take place. “The public has a right to know what limits apply to the government’s surveillance authority, and what safeguards are in place to protect individual privacy.” 
Paul Merrell

Lawsuit aims to block U.S. foreign aid to Israel as clandestine nuclear power - Mondoweiss - 0 views

  •       A lawsuit filed Monday in the D.C. federal district court challenges U.S. foreign aid to Israel. 
  • The U.S. is finalizing a ten-year memorandum of understanding which will reportedly boost aid to $4-5 billion per year. Grant F. Smith, Director of the Institute for Research: Middle Eastern Policy (IRmep), in the suit challenges the authority of the president and U.S. federal agencies to deliver such foreign aid to Israel. Such aid violates longstanding bans on aid to non-signatories to the Nuclear Non-proliferation Treaty (NPT) with nuclear weapons programs. Since the bans went into effect, U.S. foreign aid to Israel is estimated to be $234 billion.
  • The lawsuit reveals how in the mid-1970s during investigations into the illegal diversion of weapons-grade uranium from U.S. contractor NUMEC to Israel, Senators Stuart Symington and John Glenn amended the 1961 Foreign Assistance Act to ban any aid to clandestine nuclear powers that were not NPT signatories. Symington clarified the legislative intent of the amendments: “…if you wish to take the dangerous and costly steps necessary to achieve a nuclear weapons option, you cannot expect the United States to help underwrite that effort indirectly or directly.” The Obama administration follows precedents established since the Ford administration by ignoring internal agency and public domain information that should trigger Symington & Glenn cutoffs and waiver provisions governing foreign aid. The administration has gone further in criminalizing the flow of such information from the federal government to the public. In 2012 the Department of Energy under U.S. State Department authority passed a secret gag law called “Guidance on Release of Information relating to the Potential for an Israeli Nuclear Capability.” The gag law and related measures promote a “nuclear ambiguity” policy toward Israel. The primary purpose of the gag law is to unlawfully subvert Symington & Glenn arms export controls, the suit alleges.
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  • IRmep won unprecedented release of a Pentagon report about Israel’s nuclear weapons program through a 2014 lawsuit. A 2015 IRmep lawsuit dislodged CIA files about the NUMEC diversion.
Gary Edwards

Articles of Impeachment Against Obama - 0 views

  •  
    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Paul Merrell

Yahoo webcam images from millions of users intercepted by GCHQ | World news | The Guardian - 0 views

  • Britain's surveillance agency GCHQ, with aid from the US National Security Agency, intercepted and stored the webcam images of millions of internet users not suspected of wrongdoing, secret documents reveal.GCHQ files dating between 2008 and 2010 explicitly state that a surveillance program codenamed Optic Nerve collected still images of Yahoo webcam chats in bulk and saved them to agency databases, regardless of whether individual users were an intelligence target or not.In one six-month period in 2008 alone, the agency collected webcam imagery – including substantial quantities of sexually explicit communications – from more than 1.8 million Yahoo user accounts globally.Yahoo reacted furiously to the webcam interception when approached by the Guardian. The company denied any prior knowledge of the program, accusing the agencies of "a whole new level of violation of our users' privacy".
  • GCHQ does not have the technical means to make sure no images of UK or US citizens are collected and stored by the system, and there are no restrictions under UK law to prevent Americans' images being accessed by British analysts without an individual warrant.The documents also chronicle GCHQ's sustained struggle to keep the large store of sexually explicit imagery collected by Optic Nerve away from the eyes of its staff, though there is little discussion about the privacy implications of storing this material in the first place.
  • "Face detection has the potential to aid selection of useful images for 'mugshots' or even for face recognition by assessing the angle of the face," it reads. "The best images are ones where the person is facing the camera with their face upright."The agency did make efforts to limit analysts' ability to see webcam images, restricting bulk searches to metadata only.However, analysts were shown the faces of people with similar usernames to surveillance targets, potentially dragging in large numbers of innocent people. One document tells agency staff they were allowed to display "webcam images associated with similar Yahoo identifiers to your known target".Optic Nerve was based on collecting information from GCHQ's huge network of internet cable taps, which was then processed and fed into systems provided by the NSA. Webcam information was fed into NSA's XKeyscore search tool, and NSA research was used to build the tool which identified Yahoo's webcam traffic.
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  • Optic Nerve, the documents provided by NSA whistleblower Edward Snowden show, began as a prototype in 2008 and was still active in 2012, according to an internal GCHQ wiki page accessed that year.The system, eerily reminiscent of the telescreens evoked in George Orwell's 1984, was used for experiments in automated facial recognition, to monitor GCHQ's existing targets, and to discover new targets of interest. Such searches could be used to try to find terror suspects or criminals making use of multiple, anonymous user IDs.Rather than collecting webcam chats in their entirety, the program saved one image every five minutes from the users' feeds, partly to comply with human rights legislation, and also to avoid overloading GCHQ's servers. The documents describe these users as "unselected" – intelligence agency parlance for bulk rather than targeted collection.One document even likened the program's "bulk access to Yahoo webcam images/events" to a massive digital police mugbook of previously arrested individuals.
  • Programs like Optic Nerve, which collect information in bulk from largely anonymous user IDs, are unable to filter out information from UK or US citizens. Unlike the NSA, GCHQ is not required by UK law to "minimize", or remove, domestic citizens' information from its databases. However, additional legal authorisations are required before analysts can search for the data of individuals likely to be in the British Isles at the time of the search.There are no such legal safeguards for searches on people believed to be in the US or the other allied "Five Eyes" nations – Australia, New Zealand and Canada.
  • The documents also show that GCHQ trialled automatic searches based on facial recognition technology, for people resembling existing GCHQ targets: "[I]f you search for similar IDs to your target, you will be able to request automatic comparison of the face in the similar IDs to those in your target's ID".
Paul Merrell

THE 9/11 READER. The September 11, 2001 Terror Attacks | Global Research - 0 views

  • GLOBAL RESEARCH ONLINE INTERACTIVE READER SERIES GR I-BOOK No.  7  THE 9/11 READER The September 11, 2001 Terror Attacks 9/11 Truth: Revealing the Lies,  Commemorating the 9/11 Tragedy
  • August 2012 The 911/ Reader is part of Global Research’s Online Interactive I-Book Reader, which brings together, in the form of chapters, a collection of Global Research feature articles, including debate and analysis, on a broad theme or subject matter.  To consult our Online Interactive I-Book Reader Series, click here.
  • Table of Contents of the 9/11 Reader In Part I, the 911 Reader provides a review of what happened on the morning of 9/11, at the White House, on Capitol Hill, the Pentagon, at Strategic Command Headquarters (USSTRATCOM), What was the response of the US Air Force in the immediate wake of the attacks?  Part II focusses on “What Happened on the Planes” as described in the 9/11 Commission Report. Part III sheds light on what caused the collapse of the World Trade Center buildings. It also challenges the official narrative with regard to the attack on the Pentagon. Part IV reviews and refutes the findings of the 9/11 Commission Report. Part V focusses on the issue of foreknowledge by Western intelligence agencies. Part VI examines the issue of how foreknowledge of the attacks was used as an instrument of insider trading on airline stocks in the days preceding September 11, 2001. The bonanza financial gains resulting from insurance claims to the leaseholders of the WTC buildings is also examined.
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  • Part VII focusses on the history and central role of Al Qaeda as a US intelligence asset. Since the Soviet-Afghan war, US intelligence has supported the formation of various jihadist organizations. An understanding of this history is crucial in refuting the official 9/11 narrative which claims that Al Qaeda, was behind the attacks. Part VIII centers on the life and death of 9/11 “Terror Mastermind” Osama bin Laden, who was recruited by the CIA in the heyday of the Soviet Afghan war. This section also includes an analysis of the mysterious death of Osama bin Laden, allegedly executed by US Navy Seals in a suburb of Islamabad in May 2011. Part  IX  focusses on “False Flags” and the Pentagon’s “Second 9/11″. Part X examines the issue of “Deep Events” with contributions by renowned scholars Peter Dale Scott and Daniele Ganser. Part XI  examines the structure of 9/11 propaganda which consists in “creating” as well “perpetuating” a  “9/11 Legend”. How is this achieved? Incessantly, on a daily basis, Al Qaeda, the alleged 9/11 Mastermind is referred to by the Western media, government officials, members of the US Congress, Wall Street analysts, etc. as an underlying cause of numerous World events. Part XII focusses on the practice of 9/11 Justice directed against the alleged culprits of the 9/11 attacks. The legitimacy of 9/11 propaganda requires fabricating “convincing evidence” and “proof” that those who are accused actually carried out the attacks. Sentencing of Muslims detained in Guantanamo is part of war propaganda. It depicts innocent men who are accused of the 9/11 attacks, based on confessions acquired through systematic torture throughout their detention. Part  XIII focusses on 9/11 Truth.  The objective of 9/11 Truth is to ultimately dismantle the propaganda apparatus which is manipulating the human mindset. The 9/11 Reader concludes with a retrospective view of 9/11 ten years later.
  • PART  I Timeline: What Happened on the Morning of September 11, 2001 Nothing Urgent: The Curious Lack of Military Action on the Morning of September. 11, 2001 - by George Szamuely – 2012-08-12 Political Deception: The Missing Link behind 9-11 - by Michel Chossudovsky – 2002-06-20 On the morning of September 11, Pakistan’s Chief Spy General Mahmoud Ahmad, the alleged “money-man” behind the 9-11 hijackers, was at a breakfast meeting on Capitol Hill hosted by Senator Bob Graham and Rep. Porter Goss, the chairmen of the Senate and House Intelligence committees. 9/11 Contradictions: Bush in the Classroom - by Dr. David Ray Griffin – 2008-04-04 9/11 Contradictions: When Did Cheney Enter the Underground Bunker? - by David Ray Griffin – 2008-04-24 VIDEO: Pilots For 9/11 Truth: Intercepted Don’t miss this important documentary, now on GRTV - 2012-05-16
  • PART II What Happened on the Planes “United 93″: What Happened on the Planes? - by Michel Chossudovsky – 2006-05-01   Phone Calls from the 9/11 Airliners Response to Questions Evoked by My Fifth Estate Interview - by Prof David Ray Griffin – 2010-01-12 Given the cell phone technology available in 2001, cell phone calls from airliners at altitudes of more than a few thousand feet, were virtually impossible Ted Olson’s Report of Phone Calls from Barbara Olson on 9/11: Three Official Denials - by David Ray Griffin – 2008-04-01 Ted Olson’s report was very important. It provided apparent “evidence” that American 77 had struck the Pentagon.
  • PART III What Caused the Collapse of The WTC Buildings and the Pentagon? The Destruction of the World Trade Center: Why the Official Account Cannot Be True - by Dr. David Ray Griffin – 2006-01-29 The official theory about the Twin Towers says that they collapsed because of the combined effect of the impact of the airplanes and the resulting fires Evidence Refutes the Official 9/11 Investigation: The Scientific Forensic Facts - by Richard Gage, Gregg Roberts – 2010-10-13 VIDEO: Controlled Demolitions Caused the Collapse of the World Trade Center (WTC) buildings on September 11, 2001 - by Richard Gage – 2009-09-20 VIDEO: 9/11: The Myth and The Reality Now on GRTV - by Prof. David Ray Griffin – 2011-08-30 Undisputed Facts Point to the Controlled Demolition of WTC 7 - by Richard Gage – 2008-03-28 VIDEO: 9/11 Explosive Evidence: Experts Speak Out See the trailer for this ground-breaking film on GRTV - 2011-08-03 9/11: “Honest Mistake” or BBC Foreknowledge of Collapse of WTC 7? Jane Standley Breaks Her Silence - by James Higham – 2011-08-18 The Collapse of WTC Building Seven. Interview. Comment by Elizabeth Woodworth - by David Ray Griffin – 2009-10-17   Building What? How SCADs Can Be Hidden in Plain Sight: The 9/11 “Official Story” and the Collapse of WTC Building Seven - by Prof David Ray Griffin – 2010-05-30 Besides omitting and otherwise falsifying evidence, NIST also committed the type of scientific fraud called fabrication, which means simply “making up results.” VIDEO; Firefighters’ Analysis of the 9/11 Attacks Refutes the Official Report - by Erik Lawyer – 2012-08-27 VIDEO: Pentagon Admits More 9/11 Remains Dumped in Landfill - by James Corbett – 2012-03-01 The Pentagon revealed that some of the unidentifiable remains from victims at the Pentagon and Shanksville sites on September 11, 2001 were disposed of in a landfill. 9/11: The Attack on the Pentagon on September 11, 2001 The Official Version Amounts to an Enormous Lie - by Thierry Meyssan – 2012-08-16
  • PART IV Lies and Fabrications: The 9/11 Commission Report A National Disgrace: A Review of the 9/11 Commission Report - by David Ray Griffin – 2005-03-24 The 9/11 Commission Report: A 571 Page Lie - by Dr. David Ray Griffin – 2005-09-08 September 11, 2001: 21 Reasons to Question the Official Story about 9/11 - by David Ray Griffin – 2008-09-11 911 “Conspiracy Theorists” Vindicated: Pentagon deliberately misled Public Opinion Military officials made false statements to Congress and to the 911 Commission - by Michel Chossudovsky – 2006-08-02 The 9/11 Commission’s Incredible Tales Flights 11, 175, 77, and 93 - by Prof. David Ray Griffin – 2005-12-13 9/11 and the War on Terror: Polls Show What People Think 10 Years Later - by Washington’s Blog – 2011-09-10
  • PART  V Foreknowledge of 9/11   VIDEO: The SECRET SERVICE ON 9/11: What did the Government Know? Learn more on this week’s GRTV Feature Interview - by Kevin Ryan, James Corbett – 2012-04-10 9/11 Foreknowledge and “Intelligence Failures”: “Revealing the Lies” on 9/11 Perpetuates the “Big Lie” - by Prof. Michel Chossudovsky – 2011-09-14 “Foreknowledge” and “Failure to act” upholds the notion that the terrorist attacks (“act of war”) “waged by Muslims against America” are real, when all the facts and findings point towards coverup and complicity at the highest levels of the US government. Foreknowledge of 9/11 by Western Intelligence Agencies - by Michael C. Ruppert – 2012-08-21
  • PART XII Post 9/11 “Justice” IRAN ACCUSED OF BEING BEHIND 9/11 ATTACKS. U.S. Court Judgment, December 2011 (Havlish v. Iran) - by Julie Lévesque – 2012-05-11 U.S. Court Judgment, December 2011 (Havlish v. Iran) “American Justice”: The Targeted Assassination of Osama Bin Laden Extrajudicial executions are unlawful - by Prof. Marjorie Cohn – 2011-05-10 ALLEGED “MASTERMIND” OF 9/11 ON TRIAL IN GUANTANAMO: Military Tribunals proceed Despite Evidence of Torture - by Tom Carter – 2012-05-30 U.S. Military Drugged Detainees to Obtain FALSE Confessions Self-confessed 9/11 “mastermind” falsely confessed to crimes he didn’t commit - by Washington’s Blog – 2012-07-15 911 MILITARY TRIAL: Pentagon Clears Way for Military Trial of Five charged in 9/11 Attacks - by Bill Van Auken – 2012-04-06 Khalid Sheikh Mohammed’s trial will convict us all - by Paul Craig Roberts – 2009-11-25
  • PART VII 9/11 and the “Global War on Terrorism” (GWOT) Political Deception: The Missing Link behind 9-11 - by Michel Chossudovsky – 2002-06-20 On the morning of September 11, Pakistan’s Chief Spy General Mahmoud Ahmad, the alleged “money-man” behind the 9-11 hijackers, was at a breakfast meeting on Capitol Hill hosted by Senator Bob Graham and Rep. Porter Goss, the chairmen of the Senate and House Intelligence committees. 9/11 ANALYSIS: From Ronald Reagan and the Soviet-Afghan War to George W Bush and September 11, 2001 - by Michel Chossudovsky – 2010-09-09 Osama bin Laden was recruited by the CIA in 1979. The US spent millions of dollars to supply Afghan schoolchildren with textbooks filled with violent images and militant Islamic teachings.     The Central Role of Al Qaeda in Bush’s National Security Doctrine “Revealing the Lies” on 9/11 Perpetuates the “Big Lie” - by Michel Chossudovsky – 2007-07-12 September 11, 2001: America and NATO Declare War on Afghanistan NATO’s Doctrine of Collective Security - by Michel Chossudovsky – 2009-12-21   America’s Holy Crusade against the Muslim World. - by Michel Chossudovsky – 2010-08-30 What is now unfolding is a generalized process of demonization of an entire population group
  • Osamagate - by Michel Chossudovsky – 2001-10-09 The main justification for waging this war has been totally fabricated. The American people have been deliberately and consciously misled by their government into supporting a major military adventure which affects our collective future. The “Demonization” of Muslims and the Battle for Oil - by Michel Chossudovsky – 2007-01-04 Muslim countries possess three quarters of the World’s oil reserves. In contrast, the United States of America has barely 2 percent of total oil reserves.   Was America Attacked by Muslims on 9/11? - by David Ray Griffin – 2008-09-10 Much of US foreign policy since 9/11 has been based on the assumption that America was attacked by Muslims on 9/11.   New Documents Detail America’s Strategic Response to 9/11 Rumsfeld’s War Aim: “Significantly Change the World’s Political Map” - by National Security Archive – 2011-09-12
  • PART VIII The Alleged 9/11 Mastermind: The Life and Death of  Osama bin Laden Who Is Osama Bin Laden? - by Michel Chossudovsky – 2001-09-12   VIDEO: The Last Word on Osama Bin Laden - by James Corbett – 2011-05-24 Osama bin Laden: A Creation of the CIA - by Michel Chossudovsky – 2011-05-03 Interview with Osama bin Laden. Denies his Involvement in 9/11 Full text of Pakistani paper’s Sept 01 “exclusive” interview - 2011-05-09 Where was Osama on September 11, 2001? - by Michel Chossudovsky – 2008-09-11 On September 10. 2001, Osama was in a Pakistan military hospital in Rawalpindi, courtesy of America’s indefectible ally Pakistan Osama bin Laden, among the FBI’s “Ten Most Wanted Fugitives”: Why was he never indicted for his alleged role in 9/11? - by Michel Chossudovsky – 2006-09-17 Osama bin Laden: Already Dead… Evidence that Bin Laden has been Dead for Several Years - by Prof. David Ray Griffin – 2011-05-02 The Mysterious Death of Osama bin Laden: Creating Evidence Where There Is None - by Dr. Paul Craig Roberts – 2011-08-04 The Assassination of Osama bin Laden: Glaring Anomalies in the Official Narrative Osama was Left Handed… - by Felicity Arbuthnot – 2011-05-11 The Assassination of Osama Bin Laden - by Fidel Castro Ruz – 2011-05-07 Dancing on the Grave of 9/11. Osama and “The Big Lie” - by Larry Chin – 2011-05-05
  • PART  IX  ”False Flags”: The Pentagon’s Second 9/11 The Pentagon’s “Second 911″ “Another [9/11] attack could create both a justification and an opportunity to retaliate against some known targets” - by Michel Chossudovsky – 2006-08-10 The presumption of this military document, is that a Second 911 attack “which is lacking today” would usefully create both a “justification and an opportunity” to wage war on “some known targets Crying Wolf: Terror Alerts based on Fabricated Intelligence - by Michel Chossudovsky – 2006-08-20 This is not the first time that brash and unsubstantiated statements have been made regarding an impending terror attack, which have proven to be based on “faulty intelligence”.
  • PART X “Deep Events” and State Violence The Doomsday Project and Deep Events: JFK, Watergate, Iran-Contra, and 9/11 - by Prof. Peter Dale Scott – 2011-11-22 The Doomsday Project is the Pentagon’s name for the emergency planning “to keep the White House and Pentagon running during and after a nuclear war or some other major crisis.” JFK and 9/11 Insights Gained from Studying Both - by Dr. Peter Dale Scott – 2006-12-20 In both 9/11 and the JFK assassination, the US government and the media immediately established a guilty party. Eventually, in both cases a commission was set up to validate the official narrative. Able Danger adds twist to 9/11 9/11 Ringleader connected to secret Pentagon operation - by Dr. Daniele Ganser – 2005-08-27 Atta was connected to a secret operation of the Pentagon’s Special Operations Command (SOCOM) in the US. A top secret Pentagon project code-named Able Danger identified Atta and 3 other 9/11 hijackers as members of an al-Qaida cell more than a year before the attacks. 9/11, Deep State Violence and the Hope of Internet Politics - by Prof. Peter Dale Scott – 2008-06-11 The unthinkable – that elements inside the state would conspire with criminals to kill innocent civilians – has become thinkable… Al Qaeda: The Database. - by Pierre-Henri Bunel – 2011-05-12
  • PART XI Propaganda: Creating and Perpetuating the 9/11 Legend September 11, 2001: The Propaganda Preparation for 9/11: Creating the Osama bin Laden “Legend” - by Chaim Kupferberg – 2011-09-11 THE 9/11 MYTH: State Propaganda, Historical Revisionism, and the Perpetuation of the 9/11 Myth - by Prof. James F. Tracy – 2012-05-06   Al Qaeda and Human Consciousness: Al Qaeda, Al Qaeda…. An Incessant and Repetitive Public Discourse - by Prof. Michel Chossudovsky – 2012-03-24 9/11 Truth, Inner Consciousness and the “Public Mind” - by James F. Tracy – 2012-03-18
  • PART VI Insider Trading and the 9/11 Financial Bonanza 9/11 Attacks: Criminal Foreknowledge and Insider Trading lead directly to the CIA’s Highest Ranks CIA Executive Director “Buzzy” Krongard managed Firm that handled “Put” Options on UAL - by Michael C. Ruppert – 2012-08-13 The 9/11 Attacks on the World Trade Center (WTC): Unspoken Financial Bonanza - by Prof Michel Chossudovsky – 2012-04-27 SEPTEMBER 11, 2001: Insider Trading 9/11 … the Facts Laid Bare - by Lars Schall – 2012-03-20 Osama Bin Laden and The 911 Illusion: The 9/11 Short-Selling Financial Scam - by Dean Henderson – 2011-05-09
  • PART XIII 9/11 Truth Revealing the Lies,  Commemorating the 9/11 Tragedy VIDEO: Commemorating the 10th Anniversary of 9/11 - by Prof. Michel Chossudovsky – 2011-09-01 VIDEO: AFTER 9/11: TEN YEARS OF WAR Special GRTV Feature Production - by James Corbett – 2011-09-08
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    Wow!
Paul Merrell

Spying by N.S.A. Ally Entangled U.S. Law Firm - NYTimes.com - 0 views

  • The list of those caught up in the global surveillance net cast by the National Security Agency and its overseas partners, from social media users to foreign heads of state, now includes another entry: American lawyers. A top-secret document, obtained by the former N.S.A. contractor Edward J. Snowden, shows that an American law firm was monitored while representing a foreign government in trade disputes with the United States. The disclosure offers a rare glimpse of a specific instance in which Americans were ensnared by the eavesdroppers, and is of particular interest because lawyers in the United States with clients overseas have expressed growing concern that their confidential communications could be compromised by such surveillance. Related Coverage Text: Document Describes Eavesdropping on American Law FirmFEB. 15, 2014 The government of Indonesia had retained the law firm for help in trade talks, according to the February 2013 document. It reports that the N.S.A.’s Australian counterpart, the Australian Signals Directorate, notified the agency that it was conducting surveillance of the talks, including communications between Indonesian officials and the American law firm, and offered to share the information.
  • The Australians told officials at an N.S.A. liaison office in Canberra, Australia, that “information covered by attorney-client privilege may be included” in the intelligence gathering, according to the document, a monthly bulletin from the Canberra office. The law firm was not identified, but Mayer Brown, a Chicago-based firm with a global practice, was then advising the Indonesian government on trade issues. On behalf of the Australians, the liaison officials asked the N.S.A. general counsel’s office for guidance about the spying. The bulletin notes only that the counsel’s office “provided clear guidance” and that the Australian agency “has been able to continue to cover the talks, providing highly useful intelligence for interested US customers.” The N.S.A. declined to answer questions about the reported surveillance, including whether information involving the American law firm was shared with United States trade officials or negotiators.
  • Most attorney-client conversations do not get special protections under American law from N.S.A. eavesdropping. Amid growing concerns about surveillance and hacking, the American Bar Association in 2012 revised its ethics rules to explicitly require lawyers to “make reasonable efforts” to protect confidential information from unauthorized disclosure to outsiders.Last year, the Supreme Court, in a 5-to-4 decision, rebuffed a legal challenge to a 2008 law allowing warrantless wiretapping that was brought in part by lawyers with foreign clients they believed were likely targets of N.S.A. monitoring. The lawyers contended that the law raised risks that required them to take costly measures, like traveling overseas to meet clients, to protect sensitive communications. But the Supreme Court dismissed their fears as “speculative.”The N.S.A. is prohibited from targeting Americans, including businesses, law firms and other organizations based in the United States, for surveillance without warrants, and intelligence officials have repeatedly said the N.S.A. does not use the spy services of its partners in the so-called Five Eyes alliance — Australia, Britain, Canada and New Zealand — to skirt the law.
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  • The N.S.A.’s protections for attorney-client conversations are narrowly crafted, said Stephen Gillers, an expert on legal ethics at New York University’s School of Law. The agency is barred from sharing with prosecutors intercepted attorney-client communications involving someone under indictment in the United States, according to previously disclosed N.S.A. rules. But the agency may still use or share the information for intelligence purposes. Andrew M. Perlman, a Suffolk University law professor who specializes in legal ethics and technology issues, said the growth of surveillance was troubling for lawyers. He helped create the bar association’s ethics code revisions that require lawyers to try to avoid being overheard by eavesdroppers. “You run out of options very quickly to communicate with someone overseas,” he said. “Given the difficulty of finding anything that is 100 percent secure, lawyers are in a difficult spot to ensure that all of the information remains in confidence.” 
  • Still, the N.S.A. can intercept the communications of Americans if they are in contact with a foreign intelligence target abroad, such as Indonesian officials. The N.S.A. is then required to follow so-called minimization rules to protect their privacy, such as deleting the identity of Americans or information that is not deemed necessary to understand or assess the foreign intelligence, before sharing it with other agencies. An N.S.A. spokeswoman said the agency’s Office of the General Counsel was consulted when issues of potential attorney-client privilege arose and could recommend steps to protect such information. “Such steps could include requesting that collection or reporting by a foreign partner be limited, that intelligence reports be written so as to limit the inclusion of privileged material and to exclude U.S. identities, and that dissemination of such reports be limited and subject to appropriate warnings or restrictions on their use,” said Vanee M. Vines, the spokeswoman.
  • In justifying the agency’s sweeping powers, the Obama administration often emphasizes the N.S.A.’s role in fighting terrorism and cyberattacks, but disclosures in recent months from the documents leaked by Mr. Snowden show the agency routinely spies on trade negotiations, communications of economic officials in other countries and even foreign corporations.
  • Other documents obtained from Mr. Snowden reveal that the N.S.A. shares reports from its surveillance widely among civilian agencies. A 2004 N.S.A. document, for example, describes how the agency’s intelligence gathering was critical to the Agriculture Department in international trade negotiations. “The U.S.D.A. is involved in trade operations to protect and secure a large segment of the U.S. economy,” that document states. Top agency officials “often rely on SIGINT” — short for the signals intelligence that the N.S.A. eavesdropping collects — “to support their negotiations.”
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    Outrageous.
Paul Merrell

NSA loophole allows warrantless search for US citizens' emails and phone calls | World ... - 0 views

  • The National Security Agency has a secret backdoor into its vast databases under a legal authority enabling it to search for US citizens' email and phone calls without a warrant, according to a top-secret document passed to the Guardian by Edward Snowden.The previously undisclosed rule change allows NSA operatives to hunt for individual Americans' communications using their name or other identifying information. Senator Ron Wyden told the Guardian that the law provides the NSA with a loophole potentially allowing "warrantless searches for the phone calls or emails of law-abiding Americans".The authority, approved in 2011, appears to contrast with repeated assurances from Barack Obama and senior intelligence officials to both Congress and the American public that the privacy of US citizens is protected from the NSA's dragnet surveillance programs.
  • The intelligence data is being gathered under Section 702 of the of the Fisa Amendments Act (FAA), which gives the NSA authority to target without warrant the communications of foreign targets, who must be non-US citizens and outside the US at the point of collection.The communications of Americans in direct contact with foreign targets can also be collected without a warrant, and the intelligence agencies acknowledge that purely domestic communications can also be inadvertently swept into its databases. That process is known as "incidental collection" in surveillance parlance.But this is the first evidence that the NSA has permission to search those databases for specific US individuals' communications.
  • Wyden, an Oregon Democrat on the Senate intelligence committee, has obliquely warned for months that the NSA's retention of Americans' communications incidentally collected and its ability to search through it has been far more extensive than intelligence officials have stated publicly. Speaking this week, Wyden told the Guardian it amounts to a "backdoor search" through Americans' communications data."Section 702 was intended to give the government new authorities to collect the communications of individuals believed to be foreigners outside the US, but the intelligence community has been unable to tell Congress how many Americans have had their communications swept up in that collection," he said."Once Americans' communications are collected, a gap in the law that I call the 'back-door searches loophole' allows the government to potentially go through these communications and conduct warrantless searches for the phone calls or emails of law-abiding Americans."
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  • A secret glossary document provided to operatives in the NSA's Special Source Operations division – which runs the Prism program and large-scale cable intercepts through corporate partnerships with technology companies – details an update to the "minimization" procedures that govern how the agency must handle the communications of US persons. That group is defined as both American citizens and foreigners located in the US."While the FAA 702 minimization procedures approved on 3 October 2011 now allow for use of certain United States person names and identifiers as query terms when reviewing collected FAA 702 data," the glossary states, "analysts may NOT/NOT [not repeat not] implement any USP [US persons] queries until an effective oversight process has been developed by NSA and agreed to by DOJ/ODNI [Office of the Director of National Intelligence]."The term "identifiers" is NSA jargon for information relating to an individual, such as telephone number, email address, IP address and username as well as their name.The document – which is undated, though metadata suggests this version was last updated in June 2012 – does not say whether the oversight process it mentions has been established or whether any searches against US person names have taken place.
  • Exclusive: Spy agency has secret backdoor permission to search databases for individual Americans' communications
Paul Merrell

Cuomo to Ban Fracking in New York State, Citing Health Risks - NYTimes.com - 0 views

  • Gov. Andrew M. Cuomo’s administration announced on Wednesday that it would ban hydraulic fracturing in New York State because of concerns over health risks, ending years of uncertainty over the controversial method of natural gas extraction.State officials concluded that fracking, as the method is known, could contaminate the air and water and pose inestimable dangers to public health.That conclusion was delivered during a year-end cabinet meeting convened by Mr. Cuomo in Albany. It came amid increased calls by environmentalists to ban fracking, which uses water and chemicals to release natural gas trapped in deeply buried shale deposits.
  • New York has had a de facto ban on the procedure for more than five years, predating Mr. Cuomo’s election. Over the course of his first term, Mr. Cuomo at times sent conflicting signals about how he would proceed.In 2012, Mr. Cuomo flirted with approving a limited program in several struggling Southern Tier counties along New York’s border with Pennsylvania. But later that year, Mr. Cuomo bowed to entreaties from environmental advocates, announcing instead that his administration would start the regulatory process over by beginning a new study to evaluate the health risks.
  • The question of whether to allow fracking has been one of the most divisive public policy debates in New York in years, pitting environmentalists against others who saw it as a critical way to bring jobs to economically stagnant portions of upstate.
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  • He repeatedly put off making a decision on how to proceed, most recently citing an ongoing — and seemingly never-ending — study by state health officials.On Wednesday, six weeks after Mr. Cuomo won re-election to a second term, the long-awaited health study finally materialized.In a presentation at the cabinet meeting, the acting state health commissioner, Dr. Howard A. Zucker, said the examination had found “significant public health risks” associated with fracking.Holding up scientific studies to animate his arguments, Dr. Zucker listed concerns about water contamination and air pollution, and said there was insufficient scientific evidence to affirm the long-term safety of fracking.Dr. Zucker said his review boiled down to a simple question: Would he want to live in a community that allowed fracking?He said the answer was no.
  • Gov. Andrew M. Cuomo’s administration announced on Wednesday that it would ban hydraulic fracturing in New York State because of concerns over health risks, ending years of uncertainty over the controversial method of natural gas extraction.State officials concluded that fracking, as the method is known, could contaminate the air and water and pose inestimable dangers to public health.That conclusion was delivered during a year-end cabinet meeting convened by Mr. Cuomo in Albany. It came amid increased calls by environmentalists to ban fracking, which uses water and chemicals to release natural gas trapped in deeply buried shale deposits.
  • The governor’s uncertain stance on fracking also hurt his standing with some liberal activists. Pledging to ban fracking, a little-known law professor won about a third of the vote in the Democratic primary in September, a strong showing that Mr. Cuomo later attributed in part to support from fracking opponents.Complicating matters, dozens of communities across New York have passed moratoriums and bans on fracking, and in June, the state’s highest court, the Court of Appeals, ruled that towns could use zoning ordinances to ban fracking.Recognizing the sensitivity of the issue, Mr. Cuomo both affirmed the fracking ban on Wednesday and tried to keep some distance from it, saying that he was deferring to the expertise of his health and environmental conservation commissioners.
  • Nevertheless, environmental groups cast the governor as a hero. Michael Brune, the executive director of the Sierra Club, said Mr. Cuomo “set himself apart as a national political leader who stands up for people” over the energy industry.But advocates of fracking accused him of giving in to fear-mongering by environmentalists.
  • Document Health Department Report on Fracking in New York State The Cuomo administration decided to ban hydraulic fracturing after concluding that the method posed inestimable public-health risks.
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
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    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Paul Merrell

Russia, Assad deliver blow to Turkey in Syria - Business Insider - 0 views

  • Pro-government forces in Syria have reportedly broken a rebel siege of two villages northwest of Aleppo, effectively cutting off Turkey's supply line to opposition groups operating in and around Syria's largest city. Government troops, accompanied by Iran-backed Shiite militias and Hezbollah forces, apparently reached the cities of Nubl and Zahraa with the help of heavy Russian airstrikes on Wednesday. The opposition had held these cities since 2012, according to the Institute for the Study of War. Russian airstrikes across northern Syria had been steadily shifting the epicenter of the war toward the corridor north of Aleppo since late November, in retaliation for Turkey's decision to shoot down a Russian warplane that it said violated its airspace.
  • A stepped-up Russian bombing campaign in the Bayirbucak region of northwest Syria, near the strategically important city of Azaz, had primarily targeted the Turkey-backed Turkmen rebels and civilians — and the Turkish aid convoys that supplied them. As a result, Turkey's policy in Syria of bolstering rebels fighting Syrian President Bashar Assad's regime — and establishing a "safe zone" for displaced Syrians that might hinder the regime's efforts to take Aleppo — has been unraveling for months, and now appears to have been defeated entirely.
  • "It cuts Turkey off from Aleppo via Azaz," Aaron Stein, an expert on Turkey and Senior Fellow at the Atlantic Council, told Business Insider on Wednesday. "Ankara can still access Aleppo via Reyhanli, through Idlib," Stein said in an email. But "Turkey is on the back foot in Syria and is at a disadvantage now that Russia is deterring them from flying strike missions," he added. Indeed, Turkey's ability to retaliate against the Russian bombing campaign in northern Syria was severely limited by the de facto no-fly zone Russia created in the north following Turkey's downing of the Russian warplane in November. "This has to be Turkey's weakest position in Syria in years," David Kenner, Foreign Policy magazine's Middle East editor, noted on Twitter. "Shooting down of that Russian jet was a pivot point — backfired in a major way."
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  • On Twitter, Stein noted that another aspect of Turkey's Syria policy is on the brink of total collapse — namely, restricting the movements of the Kurdish YPG, with whom Turkey has clashed, to east of the Syrian city of Marea. "Weapons and aid now must be sent through Bab al Hawa via Idlib," Stein wrote. "Turkish efforts to secure Marea line in trouble. Huge implications." To Turkey's chagrin, Russian President Vladimir Putin offered to help the Kurds consolidate their territorial gains in northern Syria by linking the Kurdish-held town of Kobani with Afrin in September. He apparently began to make good on his after Turkey shot down a Russian warplane, offering to arm and support the Kurdish YPG in the name of cutting Turkey's rebel supply line to Aleppo.
  • In December, "Moscow delivered weapons to the 5,000 Kurdish fighters in Afrin, while Russian aircraft bombed a convoy of trucks that crossed the Turkish border into Syria at Bab al-Salam," the Washington Institute's Fabrice Balanche wrote in an analysis of the Azaz corridor's strategic importance. As Stein noted on Twitter, "A viable way for Kurds to connect Efrin with territory East of the Euphrates now in play. Route is out of range of TR [Turkish] artillery." Efrin is an alternative spelling for the Kurdish-held Syrian city. Aykan Erdemir, a Senior Fellow at the Foundation for Defense of Democracies and a former member of Turkish parliament, told Business Insider in December that Turkey trying to intervene to stop the Kurds' expansion westward would "undoubtedly have serious drawbacks." Any intervention, Erdemir said, "could further escalate the Turkish-Russian crisis, prompting heavier sanctions, and even new episodes of clashes between the two armies."
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