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Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
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  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
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    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
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    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Paul Merrell

| The Archived Columns of Conn M. Hallinan - 0 views

  • Almost before the votes were counted in the recent Greek elections, battle lines were being drawn all over Europe. While Alexis Tsipras, the newly elected Prime Minister from Greece’s victorious Syriza Party, was telling voters, “Greece is leaving behind catastrophic austerity, fear and autocratic government,” Jens Weidmann, president of the German Bundesbank, was warning the new government not to “make promises it cannot keep and the country cannot afford.”   On Feb. 12 those two points of view will collide when European Union (EU) heads of state gather in Brussels. Whether the storm blowing out of Southern Europe proves an irresistible force, or the European Council an immovable object, is not clear, but whatever the outcome, the continent is not likely to be the same after that meeting.   The Jan 25 victory of Greece’s leftwing Syriza Party was, on one hand, a beacon for indebted countries like Spain, Portugal, Italy and Ireland. On the other, it is a gauntlet for Germany, the Netherlands, Finland, and the “troika”—the European Central bank, the European Commission, and the International Monetary Fund (IMF)—the designers and enforcers of loans and austerity policies that have inflicted a catastrophic economic and social crisis on tens of millions of Europeans.
  • The troika’s policies were billed as “bailouts” for countries mired in debt—one largely caused by the 2008 financial speculation bubble over which indebted countries had little control—and as a way to restart economic growth. In return for the loans, the EU and the troika demanded massive cutbacks in social services, huge layoffs, privatization of pubic resources, and higher taxes.   However, the “bailouts” did not go toward stimulating economies, but rather to repay creditors, mostly large European banks. Out of the $266 billion loaned to Greece, 89 percent went to investors. After five years under the troika formula, Greece was the most indebted country in Europe. Gross national product dropped 26 percent, unemployment topped 27 percent (and over 50 percent for young people), and one-third of the population lost their health care coverage.   Given a chance to finally vote on the austerity strategy, Greeks overwhelmingly rejected the parties that went along with the troika and elected Syriza.
  • Gerry Adams of Sinn Fein—now the third largest party in the Irish Republic—hailed the vote as opening “up the real prospect of democratic change, not just for the people of Greece, but for citizens right across the EU.” Unemployment in Ireland is 10.7 percent, and tens of thousands of jobless young people have been forced to emigrate.   The German Social Democrats are generally supportive of the troika, but the Green Party hailed the Syriza victory and Die Linke Party members marched with signs reading, “We start with Greece. We change Europe.”   Italian Prime Minister Matteo Renzi—who has his own issues with the EU’s rigid approach to debt—hailed the Greek elections, and top aide Sandro Gozi said that Rome was ready to work with Syriza. The jobless rate in Italy is 13.4 percent, but 40 percent among youth.
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  • In short, there are a number of currents in the EU and a growing recognition even among supporters of the troika that prevailing approach to debt is not sustainable.   One should have no illusions that Syriza will easily sweep the policies of austerity aside, but there is a palpable feeling on the continent that a tide is turning. It did not start with the Greek elections, but with last May’s European Parliament elections, where anti-austerity parties made solid gains. While some right-wing parties that opportunistically donned a populist mantle also increased their vote, they could not do so where they were challenged by left anti-austerity parties. For instance, the right did well in Denmark, France, and Britain, but largely because there were no anti-austerity voices on the left in those races. Elsewhere the left generally defeated their rightist opponents.   If Syriza is to survive, however, it must deliver, and that will be a tall order given the power of its opponents.
  • The French Communist Party hailed the Greek elections as “Good news for the French people,” and Jean-Luc Melenchon of the Parti de Gauche called for a left-wing alliance similar to Syriza. French President Francois Hollande made a careful statement about “growth and stability,” but the Socialist leader is trying to quell a revolt by the left flank of his own party over austerity, and Paris is closer to Rome than it is to Berlin on the debt issue.   While the conservative government of Portugal was largely silent, Left Bloc Member of Parliament Marisa Matias told a rally, “A victory for Syriza is a victory for all of Europe.”
  • As convoluted as Greek politics are, the main obstacle for Syriza will come from other EU members and the Troika.   Finnish Prime Minister Alex Stubb made it clear “that we would say a resounding ‘no’ to forgive loans.” Merkel’s chief of staff, Peter Altmaier, says, “We have pursued a policy which works in many European countries, and we will stick to in the future.” IMF head Christine Lagarde chimed in that “there are rules that must be met in the euro zone,” and that “we cannot make special exceptions for specific countries.”   But Tsipras will, to paraphrase the poet Swinburne, not go entirely naked into Brussels, but “trailing clouds of glory.” Besides the solid support in Greece, a number of other countries and movements will be in the Belgian capital as well.   Syriza is closely aligned in Spain with Podemos, now polling ahead of the ruling conservative People’s Party. “2015 will be the year of change in Spain and Europe,” tweeted Podemos leader Pablo Iglesias in the aftermath of the election, “let’s go Alexis, let’s go!” Unemployment in Spain is 24 percent, and over 50 percent for young people.
  • At home, the Party will have to take on Greece’s wealthy tax-dodging oligarchs if it hopes to extend democracy and start refilling the coffers drained by the troika’s policies. It will also need to get a short-term cash infusion to meet its immediate obligations, but without giving in to yet more austerity demands by the troika.   For all the talk about Syriza being “extreme”—it stands for Coalition of the Radical Left— its program, as Greek journalist Kia Mistilis points, is “classic ‘70s social democracy”: an enhanced safety net, debt moratorium, minimum wage raise, and economic stimulus.   Syriza is pushing for a European conference modeled on the 1953 London Debt Agreement that pulled Germany out of debt after World War II and launched the “wirtschaftswunder,”or economic miracle that created modern Germany. The Agreement waved more than 50 percent of Germany’s debt, stretched out payments over 50 years, and made repayment of loans dependent on the country running a trade surplus.
  • The centerpiece of Syriza’s Thessaloniki program is its “four pillars of national reconstruction,” which include “confronting the humanitarian crisis,” “restarting the economy and promoting tax justice,” “regaining employment,” and “transforming the political system to deepen democracy.”   Each of the “pillars” is spelled out in detail, including costs, income and savings, and, while it is certainly a major break with the EU’s current model, it is hardly the October Revolution.   The troika’s austerity model has been quite efficient at smashing trade unions, selling off public resources at fire sale prices, lowering wages and starving social services. As a statement by the International Union of Food Workers argues, “Austerity is not the produce of a deficient grasp of macroeconomics or a failure of ‘social dialogue,’ it is a conscious blueprint for expanding corporate power.”
  • Under an austerity regime, the elites do quite well, and they are not likely to yield without a fight.   But Syriza is poised to give them one, and “the little party that could” is hardly alone. Plus a number of important elections are looming in Estonia, Finland, and Spain that will give anti-austerity forces more opportunities to challenge the policies of Merkel and the troika.   The spectre haunting Europe may not be the one that Karl Marx envisioned, but it is putting a scare into the halls of the rich and powerful.
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    I'm struck again by the poltical brilliance of Russia's decision to drop the South Stream Pipeline in favor of a new pipeline through Turkey to the border with Greece. Russia has gained an ally in Greece in terms of fighting economic sanctions on Russia and reinstating trade between Russia and the EU. Greece has veto power in the EU on any new sanctions or renewal of existing sanctions, at least most of which have sunset provisions. Russia also made allies of two NATO members, Greece and Turkey. And Greece is positioned by its threat of refusal to repay debt to the troika banksters to break the absolute hold the banksters have on monetary policy in the Eurozone. Russia magnifies that threat by saying that it is open to a proposal to bail out the Greek government. Not yet known is whether a condition would be abandoning the Euro as Greece's own currency. Greece might conceivably reinstate the drachma with its value pegged to a basket of foreign currencies, including the ruble and yuan. In other words, Greece leaving the EU and NATO and joining BRICS is conceivable.
Paul Merrell

Snooper's charter has practically zero chance of becoming law, say senior MPs | UK news... - 0 views

  • The chances of Theresa May reintroducing her "snooper's charter" communications data bill are practically zero in the wake of the Guardian's disclosures on the scale of internet surveillance, leading Tory and Labour civil liberties campaigners have said.David Davis, a former contender for Conservative leadership, and Tom Watson, the Labour deputy chair, both said on Thursday they felt there had been a change in the atmosphere at Westminster compared with the "great rush" to legislate in the immediate aftermath of the Woolwich murder of Drummer Lee Rigby.Both MPs said the disclosure of the mass harvesting of personal communications, including internet data, by the American National Security Agency and Britain's eavesdropping agency, GCHQ, had shown that the existing UK regulatory framework was completely ineffective.Davis said in particular that GCHQ's Tempora operation, which harvests global phone and internet traffic by tapping into the transatlantic fibre-optic cables, had "put up a big red flag" indicating it was time to think again from scratch about the legal oversight arrangements.
  • He said it was necessary to look at ways of rewriting the Regulation of Investigatory Powers Act 2000, which sets out the legal oversight arrangements for the interception and surveillance of communications.But the former shadow home secretary and staunch Eurosceptic also praised the efforts of Viviane Reding, the EU commissioner for justice, who wrote to the foreign secretary, William Hague, on Wednesday giving him until the end of the week to answer the charge that the fundamental rights of citizens across Europe were being flouted."I hope that Viviane Reding keeps up the pressure. This is the only time you will hear me say that the European Union might be the answer," said Davis.Watson said he shared Davis's analysis of the poor prospects for the reintroduction of May's communications data bill, which would require internet and phone companies to store for up to 12 months data tracking everyone's use of email, phone and internet.
  • The meeting heard from surveillance experts Casper Bowden, a former chief privacy adviser to Microsoft, and solicitor/advocate, Simon McKay. Bowden said a huge debt was owed to Snowden, who had made the most important disclosures about surveillance for more than 25 years.He said the disclosures had serious implications for the corporate and individual stampede towards the use of "cloud computing" storage, much of which was housed in the US. He said that there was a real danger now that Britain would be left in an exposed position, with the rest of Europe not willing to allow their data to be stored through the UK. "Keep your cloudbase close and local and keep it in your jurisdiction," he said, adding that encryption was very limited as a defence.Bowden, who has worked as an adviser to the EU on its new data protection directive, which has yet to come into force principally because of British opposition, said he had secured an amendment giving protection for whistleblowers.He had also argued for a warning "pop-up" to be required when data was being transferred outside the EU's borders.
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    Finally, acknowledgement that the growth of the cloud computing industry will likely be affected greatly by disclosures of widespread US and UK storage and surveillance of digital data. But will this be enough to turn cloud computing companies into staunch advocates of reining in the NSA and GCHQ? Note that the emerging E.U. position creates an economic advantage for cloud computing companies with their server farms located in the E.U. (likely excluding the UK). 
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
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    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Paul Merrell

Irish court peels off gloves, hands Facebook PROBE request to ECJ * The Register - 0 views

  • The High Court in Ireland has referred a review of a complaint against Facebook to Europe's top court. The complaint alleges the social network shared EU users' data with the US National Security Agency.The European Court of Justice is to assess whether EU law needs to be updated in light of the PRISM revelations, which could have a knock-on effect on tech firms from Facebook to Google. <a href="http://pubads.g.doubleclick.net/gampad/jump?iu=/6978/reg_policy/government&sz=300x250%7C300x600&tile=3&c=33U6KvJawQrMoAAAUTy6EAAAJ5&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" target="_blank"> <img src="http://pubads.g.doubleclick.net/gampad/ad?iu=/6978/reg_policy/government&sz=300x250%7C300x600&tile=3&c=33U6KvJawQrMoAAAUTy6EAAAJ5&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" alt=""></a> Austrian law student Maximillian Schrems took Facebook to court in Ireland, where the social network’s European HQ is located, over the revelations from NSA whistleblower Edward Snowden that personal data held by tech firms like Facebook was routinely being slurped by US spooks.
  • Schrems first asked the Irish Data Commissioner to investigate the legality of Facebook Ireland sending his info over to the States, where it could be seen by the security services, but when the commissioner refused to investigate, he sought a judicial review at the High Court.The Commissioner had ruled that Schrems didn’t have a case because he couldn’t prove that anyone had slurped his data in particular and anyway, the EU has an agreement with the US under the “Safe Harbour” principle decided way back in 2000. This principle governs data flow from Europe to United States and allows US firms to self-certify themselves as respectful of European data protection rules.High Court Justice Gerard Hogan said Schrems did not need to prove that his own data had been spied upon to make a complaint.“Quite obviously, Mr Schrems cannot say whether his own personal data has ever been accessed or whether it would ever be accessed by the US authorities,” he wrote in his ruling.
  • “But even if this were considered to be unlikely, he is nonetheless certainly entitled to object to a state of affairs where his data are transferred to a jurisdiction which, to all intents and purposes, appears to provide only a limited protection against any interference with that private data by the US security authorities.”However, he said that only the European Court of Justice could decide that individual member states were allowed to look past the Safe Harbour principle or reinterpret its meaning. Hogan said that Schrems, who had filed on behalf of the Europe-v-Facebook group, really had a problem with this principle and acknowledged that there may be an argument for the idea that the rule was outdated.“The Safe Harbour Regime… may reflect a somewhat more innocent age in terms of data protection,” he said. “This Regime came into force prior to the advent of social media and, of course, before the massive terrorist attacks on American soil which took place on September 11th, 2001.”
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  • Hogan also admitted that the PRISM programme of surveillance was wrong by the letter of Irish law, which protects people’s data and the inviolability of their homes.“It is very difficult to see how the mass and undifferentiated accessing by state authorities of personal data generated perhaps especially with the home… could survive constitutional scrutiny,” he said.“The potential for abuse in such cases would be enormous and might even give rise to the possibility that no facet of private or domestic life with the home would be immune from potential state scrutiny.“Such a state of affairs – with its gloomy echoes of the mass state surveillance programmes conducted in totalitarian states such as the German Democratic Republic of Ulbricht and Honecker – would be totally at odds with the basic premises and fundamental values of the Constitution.”
  • However, he said that Irish law is pre-empted by EU law in this case and the Court of Justice needed to assess whether the interpretation of the Safe Harbour Regime needed to be re-evaluated.Any verdict from the European court will likely apply to all US companies that have participated in PRISM and operate in the region, Schrems said of the ruling.“We did not prepare for a direct reference to the ECJ, but this is the best outcome we could have wished for,” he said. “We will study the judgment in detail and will take the next steps as soon as possible.” ®
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    If you're in the market to purchase a few cloud server farms located in the U.S., you may want to hold off until the EU Court of Justice rules. Prices could be tumbling shortly afterward.  In related news, Reps. Zoe Lofgren and Thomas Massie have introduced a bipartisan amendment to the annual Department of Defense Appropriations bill (H.R. 4870) that would prohibit use of the bill's funds to: 1) Conduct warrantless searches of Americans' communications collected and stored by the NSA under Section 702 of the FISA Amendments Act. 2) Mandate or request that backdoors for surveillance be built into products or services, except those covered under the Communications Assistance for Law Enforcement Act.
Paul Merrell

E.U. Official Pushes U.S. to Explain Its Surveillance - NYTimes.com - 0 views

  • BRUSSELS — Amid a growing outcry over American snooping on foreigners that threatens to cloud European-U.S. trade talks and President Barack Obama’s visit to Berlin, the European Union’s top justice official has demanded in unusually sharp terms that the United States reveal what its intelligence is doing with personal information of Europeans gathered under the Prism surveillance program revealed last week.
  • Viviane Reding, the Union’s combative commissioner of justice, told Attorney General Eric Holder in a letter sent on Monday evening that individual citizens of European countries had the right to know whether their personal information had been part of intelligence gathering “on a large scale.” In the letter, seen Tuesday by the International Herald Tribune, she also asked what avenues were available to Europeans to find out whether they had been spied on, and whether they would be treated similarly to U.S. citizens in such cases. “Given the gravity of the situation and the serious concerns expressed in public opinion on this side of the Atlantic, you will understand that I will expect swift and concrete answers,” Mrs. Reding wrote.
  • Speaking for a continent where snooping carries ghastly echoes of fascist or communist regimes, Mrs. Reding challenged Mr. Holder to answer a list of detailed questions by Friday, when they are expected to speak face-to-face in Dublin at a ministerial meeting scheduled before the Prism spy operation came to light. In Berlin, where Mr. Obama will speak next week before the Brandenburg Gate, privacy is a highly sensitive political issue and the Prism revelations have stirred a furor. “You can be sure that this will be one of the things the chancellor addresses when President Obama is in Germany,” said Steffen Seibert, spokesman for Angela Merkel, who grew up in the former Communist East.
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  • Mrs. Reding — who has irked U.S. authorities in the past by threatening companies like Google for overstepping E.U. privacy standards — suggested Mr. Holder’s responses could shape the outcome of important trans-Atlantic initiatives like trade talks. Europe has been a frequent critic of the United States in recent years for jeopardizing individual liberties by filtering vast volumes of information on European bank transfers and in airline passenger records to fight terror plots. Mrs. Reding’s letter is another sign that the growth of government surveillance that began under the Bush administration after Sept. 11, 2001, and has expanded under the Obama administration, continues to touch raw nerves far beyond the United States.
  • The revelations have prompted members of the European Parliament, a directly elected body of representatives from across the Union that meets in Brussels and Strasbourg, to demand that data protection be included in upcoming U.S.-European talks on a long sought trade pact. Any “trade pact will have to fully ensure the highest standards of data privacy for all citizens,” and an ongoing reform of Europe’s data protection law “must guarantee these standards for E.U. citizens when using U.S.-based Internet companies,” Hannes Swoboda, an Austrian member of the parliament who is president of the Socialists & Democrats group, said in a statement on Tuesday. “It is no good the E.U. having strict regulation on data protection if those standards are not guaranteed when using U.S.-based Internet companies,” he said.
  • The talks are expected to be conducted by Mrs. Reding's colleague, Karel De Gucht, the E.U. trade commissioner — but the Parliament would have a final say over any such deal under its right, in force since 2009, to veto treaties with third countries. In the strongest demonstration against U.S. policy, the Parliament in 2010 blocked an agreement allowing U.S. authorities access to European banking data from a cooperative responsible for routing trillions of dollars daily among banks, brokerage houses, stock exchanges and other institutions.
  • In a thinly veiled warning to Mr. Holder about the trade pact, Ms. Reding said relations between the United States and Europe could be undermined by concerns about privacy, which many in Europe regard as an inviolable right. In her letter, Mrs. Reding said she “is accountable before the European Parliament, which is likely to assess the overall trans-Atlantic relationship also in the light of your responses.” In nine detailed questions, Ms. Reding asked Mr. Holder how much data-sifting the United States is conducting, whether those activities target individuals, and whether the surveillance involves issues beyond national security. Mrs. Reding also pushed Mr. Holder to tell her “what avenues” are available to citizens of countries in the European Union to obtain information about whether their personal information has been examined under the Prism program and other programs, and whether Europeans have similar access to that information as Americans.
  • For Mrs. Reding, the chance to push back against Washington is a welcome opportunity. Two years ago, she was forced to soften her initial proposals for data privacy rules in order to accommodate U.S. intelligence gathering. That followed intense pressure on the European Commission, the E.U.’s governing body, from the Obama administration.
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    Article includes more detail on individual EU nations' objections, Germany, Ireland, and Italy.  
Paul Merrell

Spies and internet giants are in the same business: surveillance. But we can stop them ... - 0 views

  • On Tuesday, the European court of justice, Europe’s supreme court, lobbed a grenade into the cosy, quasi-monopolistic world of the giant American internet companies. It did so by declaring invalid a decision made by the European commission in 2000 that US companies complying with its “safe harbour privacy principles” would be allowed to transfer personal data from the EU to the US. This judgment may not strike you as a big deal. You may also think that it has nothing to do with you. Wrong on both counts, but to see why, some background might be useful. The key thing to understand is that European and American views about the protection of personal data are radically different. We Europeans are very hot on it, whereas our American friends are – how shall I put it? – more relaxed.
  • Given that personal data constitutes the fuel on which internet companies such as Google and Facebook run, this meant that their exponential growth in the US market was greatly facilitated by that country’s tolerant data-protection laws. Once these companies embarked on global expansion, however, things got stickier. It was clear that the exploitation of personal data that is the core business of these outfits would be more difficult in Europe, especially given that their cloud-computing architectures involved constantly shuttling their users’ data between server farms in different parts of the world. Since Europe is a big market and millions of its citizens wished to use Facebook et al, the European commission obligingly came up with the “safe harbour” idea, which allowed companies complying with its seven principles to process the personal data of European citizens. The circle having been thus neatly squared, Facebook and friends continued merrily on their progress towards world domination. But then in the summer of 2013, Edward Snowden broke cover and revealed what really goes on in the mysterious world of cloud computing. At which point, an Austrian Facebook user, one Maximilian Schrems, realising that some or all of the data he had entrusted to Facebook was being transferred from its Irish subsidiary to servers in the United States, lodged a complaint with the Irish data protection commissioner. Schrems argued that, in the light of the Snowden revelations, the law and practice of the United States did not offer sufficient protection against surveillance of the data transferred to that country by the government.
  • The Irish data commissioner rejected the complaint on the grounds that the European commission’s safe harbour decision meant that the US ensured an adequate level of protection of Schrems’s personal data. Schrems disagreed, the case went to the Irish high court and thence to the European court of justice. On Tuesday, the court decided that the safe harbour agreement was invalid. At which point the balloon went up. “This is,” writes Professor Lorna Woods, an expert on these matters, “a judgment with very far-reaching implications, not just for governments but for companies the business model of which is based on data flows. It reiterates the significance of data protection as a human right and underlines that protection must be at a high level.”
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  • This is classic lawyerly understatement. My hunch is that if you were to visit the legal departments of many internet companies today you would find people changing their underpants at regular intervals. For the big names of the search and social media worlds this is a nightmare scenario. For those of us who take a more detached view of their activities, however, it is an encouraging development. For one thing, it provides yet another confirmation of the sterling service that Snowden has rendered to civil society. His revelations have prompted a wide-ranging reassessment of where our dependence on networking technology has taken us and stimulated some long-overdue thinking about how we might reassert some measure of democratic control over that technology. Snowden has forced us into having conversations that we needed to have. Although his revelations are primarily about government surveillance, they also indirectly highlight the symbiotic relationship between the US National Security Agency and Britain’s GCHQ on the one hand and the giant internet companies on the other. For, in the end, both the intelligence agencies and the tech companies are in the same business, namely surveillance.
  • And both groups, oddly enough, provide the same kind of justification for what they do: that their surveillance is both necessary (for national security in the case of governments, for economic viability in the case of the companies) and conducted within the law. We need to test both justifications and the great thing about the European court of justice judgment is that it starts us off on that conversation.
Paul Merrell

General Data Protection Regulation - Wikipedia, the free encyclopedia - 0 views

  • The European Commission plans to unify data protection within the European Union (EU) with a single law, the General Data Protection Regulation (GDPR). The current EU Data Protection Directive 95/46/EC does not consider important aspects like globalization and technological developments like social networks and cloud computing sufficiently and new guidelines for data protection and privacy were required. Therefore a proposal for the regulation has been released on 25 January 2012. The adoption is aimed for in 2014 and the regulation is planned to take effect in 2016 after a transition period of 2 years.
Gary Edwards

Is The US Using Prism To Engage In Commercial Espionage Against Germany And Others? | T... - 1 views

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    Meanwhile, illegal NSA spying is expected to cost USA Cloud Computing companies $35 Billion in lost sales and services. "whistleblower Edward Snowden worked for the CIA, rather than the NSA. Here's the original text in the Guardian: By 2007, the CIA stationed him with diplomatic cover in Geneva, Switzerland. His responsibility for maintaining computer network security meant he had clearance to access a wide array of classified documents. That access, along with the almost three years he spent around CIA officers, led him to begin seriously questioning the rightness of what he saw. He described as formative an incident in which he claimed CIA operatives were attempting to recruit a Swiss banker to obtain secret banking information. Snowden said they achieved this by purposely getting the banker drunk and encouraging him to drive home in his car. When the banker was arrested for drunk driving, the undercover agent seeking to befriend him offered to help, and a bond was formed that led to successful recruitment. In that quotation, there's the nugget of information that the CIA was not targeting terrorists on this occasion, at least not directly, but "attempting to recruit a Swiss banker to obtain secret banking information". That raises an interesting possibility for the heightened interest in Germany, as revealed by Boundless Informant. Given that the NSA is gathering information on a large scale -- even though we don't know exactly how large -- it's inevitable that some of that data will include sensitive information about business activities in foreign countries. That could be very handy for US companies seeking to gain a competitive advantage, and it's not hard to imagine the NSA passing it on in a suitably discreet way. Germany is known as the industrial and economic powerhouse of Europe, so it would make sense to keep a particularly close eye on what people are doing there -- especially if those people happen to work in companies that compete with US firms.
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    Closely related: see http://www.theguardian.com/business/2013/aug/02/telecoms-bt-vodafone-cables-gchq (,) an article on British telecom's collaboration with wiretapping by the UK's counterpart to the NSA, GCHQ. According to an inside source: "The source said analysts used four criteria for determining what was examined: security, terror, organised crime and Britain's economic wellbeing." I also recall that years ago during the furor over the Echelon system, an EU Parliament investigation had concluded that there were concrete instances of commercial intelligence being passed on by NSA to American companies. Specifically, I recall a finding that during development of the AirBus, details of its design had been intercepted by NSA and passed on to Boeing. There was testimony received that more generically discussed the types of economic surveillance conducted. http://cryptome.org/echelon-nh.htm (page search for "economic"). The same researcher stressed that in public statements: "Those targets like terrorism and weapons transport are used as a cover for the traditional areas of spying, the predominant areas of spying, which are political, diplomatic, economic and military."
Paul Merrell

Merkel, other European leaders raise concerns on U.S. surveillance - The Washington Post - 0 views

  • European leaders, describing themselves as stunned by revelations of an extensive U.S. surveillance program that included their citizens, moved Monday to demand more information from the U.S. government and said they would discuss ways to bolster their already stringent privacy laws. And in Britain, where intelligence agencies have long had robust cooperation with their American counterparts, a top official tried Monday to limit potential uproar, telling Parliament that the partnership had not been used to circumvent British laws.
  • The discontent from Europe pointed to the breadth of fallout from the affair and to the potential for fresh strains between the United States and allies wary of American intrusiveness. German Chancellor Angela Merkel vowed to raise the issue when she meets in Berlin with President Obama next week, a spokesman said, and other German officials said they were concerned by the apparent monitoring of their citizens. Top officials of the 27-nation European Union also said they would press the U.S. government on the matter at bilateral meetings this week.
  • The PRISM surveillance program, portions of which were described in recent days by The Washington Post and the Guardian newspaper in Britain, makes clear that U.S. intelligence services now have the power to vacuum up data about telecommunications traffic across the world. An apparent snapshot from an NSA Boundless Informant database published on the Guardian’s Web site indicated that in March 2013, foreign intelligence gathering was primarily focused on the Middle East. For that month, more pieces of intelligence were gathered in Germany than anywhere else in Europe.In Germany, where memories of East German Stasi surveillance remain fresh, privacy has powerful defenders. Individual German states have pursued cases against Facebook and Google in recent years, complaining that the companies did not do enough to give users power over their own information. The breadth and ambitions of the U.S. intelligence program far exceed any issues raised previously with private firms.
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  • When Merkel meets Obama, “you can safely assume that this is an issue that the chancellor will bring up,” Merkel’s spokesman, Steffen Seibert, told reporters on Monday. Merkel grew up in the East German system, where the government collected vast amounts of information about its citizens.
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    One of the biggest dangers to the NSA program that I see just over the horizon is that the E.U. has regulatory powers over Google and the other cloud companies involved in the scandal. If the European Commission decides that these companies can not be trusted to protect user's data, it has more than enough legal authority to whop some serious hurt on the companies. 
Paul Merrell

War escalating in the Mideast - 0 views

The war in Syria is escalating rapidly; is it too late to prevent that war from engulfing the Mideast and possibly beyond? I'm posting snapshots of multiple reports in a single post today because o...

war & peace Syria Israel Turkey Saudis Lebanon Russia Hisbollah Iraq

started by Paul Merrell on 22 May 13 no follow-up yet
Paul Merrell

Do We Really Want a New World War With Russia? | New Eastern Outlook - 0 views

  • Washington continues making an international fool of herself by her inability to effectively counter the impression around the world that Russia, spending less than 10% of the Pentagon annually on defense, has managed to do more against ISIS in Syria in six weeks than the mighty US Air Force bombing campaign has done in almost a year and half. One aspect that bears attention is the demonstration by the Russian military of new technologies that belie the widely-held Western notion that Russia is little more than a backward oil and raw material commodity exporter. Recent reorganization of the Russian state military industrial complex as well as reorganization of the Soviet-era armed forces under Defense Minister Sergey Shoigu’s term are visible in the success so far of Russia’s ISIS and other terror strikes across Syria. Clearly Russian military capabilities have undergone a sea-change since the Soviet Cold War era. In war there are never winners. Yet Russia has been in an unwanted war with Washington de facto since the George W. Bush Administration announced its lunatic plan to place what they euphemistically term “Ballistic Missile Defense” missiles and advanced radar in Poland, Czech Republic, Romania and Turkey after 2007. Without going into detail, BMD technologies are the opposite of defensive. They instead make a pre-emptive war highly likely. Of course the radioactive ash heap in such an exchange would be first and foremost the EU countries foolish enough to invite US BMD to their soil.
  • What the Russian General Staff has managed, since the precision air campaign began September 30, has stunned western defense planners with Russian technological feats not expected. Two specific technologies are worth looking at more closely: The Russian Sukoi SU-34 fighter-bomber and what is called the Bumblebee hyperbaric mortar weapon.
  • The plane responsible for some of the most damaging strikes on ISIS and other terror enclaves in Syria is manufactured by the Russian state aircraft industry under the name Sukhoi SU-34. As the Russian news agency RIA Novosti described the aircraft, “The Su-34 is meant to deliver a sufficiently large ordnance load to a predetermined area, hit the target accurately and take evasive action against pursuing enemy planes.” The plane is also designed to deal with enemy fighters in aerial combat such as the US F-16. The SU-34 made a first test flight in 1990 as the collapse of the Soviet Union and the chaos of the Yeltsin years caused many delays. Finally in 2010 the plane was in full production. According to a report in US Defense Industry Daily, among the SU-34 features are: • 8 ton ordnance load which can accommodate precision-guided weapons, as well as R-73/AA-11 Archer and R-77/AA-12 ‘AMRAAMSKI’ missiles and an internal 30mm GSh-301 gun. • Maximum speed of Mach 1.8 at altitude.
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  • • 3,000 km range, extensible to “over 4,000 km” with the help of additional drop tanks. The SU-34 can also refuel in mid-air. • It can fly in TERCOM (Terrain Contour Matching) mode for low-level flight, and has software to execute a number of difficult maneuvers. • Leninets B004 phased array multimode X-band radar, which interleaves terrain-following radar and other modes.
  • Clearly the aircraft is impressive as it has demonstrated against terrorist centers in Syria. Now, however, beginning this month it will add a “game-changer” in the form of a new component. Speaking at the Dubai Air Show on November 12, Igor Nasenkov, the First Deputy General Director of the Radio-Electronic Technologies Concern (KRET) announced that this month, that is in the next few days, SUKHOI SU-34 fighter-bombers will become electronic warfare aircraft as well. Nasenkov explained that the new Khibiny aircraft electronic countermeasures (ECM) systems, installed on the wingtips, will give the SU-34 jets electronic warfare capabilities to launch effective electronic countermeasures against radar systems, anti-aircraft missile systems and airborne early warning and control aircraft. KRET is a holding or group of some 95 Russian state electronic companies formed in 2009 under the giant Russian state military industry holding, Rostec.
  • Russia’s advances in what is euphemistically termed in military jargon, Electronic Counter Measures or ECM, is causing some sleepless nights for the US Pentagon top brass to be sure. In the battles in eastern pro-Russian Ukraine earlier this year, as well as in the Black Sea, and now in Syria, according to ranking US military sources, Russia deployed highly-effective ECM technologies like the Krasukha-4, to successfully jam hostile radar and aircraft. Lt. General Ben Hodges, Commander of US Army Europe (USAREUR) describes Russian ECM capabilities used in Ukraine as “eye-watering,” suggesting some US and NATO officers are more than slightly disturbed by what they see. Ronald Pontius, deputy to Army Cyber Command’s chief, Lt. Gen. Edward Cardon, told a conference in October that, “You can’t but come to the conclusion that we’re not making progress at the pace the threat demands.” In short, Pentagon planners have been caught flat-footed for all the trillions of wasted US taxpayer dollars in recent years thrown at the military industry.
  • During the critical days of the March 2014 Crimean citizens’ referendum vote to appeal for status within Russia, New York Times reporters then in Crimea reported the presence of Russian electronic jamming systems, known as R-330Zh Zhitel, manufactured by Protek in Voronezh, Russia. That state-of-the-art technology was believed to have been used to prevent the Ukrainian Army from invading Crimea before the referendum. Russian forces in Crimea, where Russia had a legal basing agreement with Kiev, reportedly were able to block all communication of Kiev military forces, preventing a Crimean bloodbath. Washington was stunned.
  • Thereafter, in April, 2014, one month after the accession of Crimea into the Russian Federation, President Obama ordered the USS Donald Cook into the Black Sea waters just off Crimea, the home port of Russia’s Black Sea Fleet, to “reassure” EU states of US resolve. Donald Cook was no ordinary guided missile destroyer. It had been refitted to be one of four ships as part of Washington’s Aegis Ballistic Missile Defense System aimed at Russia’s nuclear arsenal. USS Donald Cook boldly entered the Black Sea on April 8 heading to Russian territorial waters. On April 12, just four days later, the US ship inexplicably left the area of the Crimean waters of the Black Sea for a port in NATO-member Romania. From there it left the Black Sea entirely. A report on April 30, 2014 in Russian newspaper Rossiyskaya Gazeta Online titled, “What Frightened the American Destroyer,” stated that while the USS Donald Cook was near Crimean (Russian by that time) waters, a Russian Su-24 Frontal Aviation bomber conducted a flyby of the destroyer. The Rossiyskaya Gazeta went on to write that the Russian SU-24 “did not have bombs or missiles onboard. One canister with the Khibin electronic warfare complex was suspended under the fuselage.” As it got close to the US destroyer, the Khibins turned off the USS Donald Cook’s “radar, combat control circuits, and data transmission system – in short, they turned off the entire Aegis just like we turn off a television by pressing the button on the control panel. After this, the Su-24 simulated a missile launch at the blind and deaf ship. Later, it happened once again, and again – a total of 12 times.”
  • While the US Army denied the incident as Russian propaganda, the fact is that USS Donald Cook never approached Russian Black Sea waters again. Nor did NATO ships that replaced it in the Black Sea. A report in 2015 by the US Army’s Foreign Military Studies Office assessed that Russia, “does indeed possess a growing EW capability, and the political and military leadership understand the importance…Their growing ability to blind or disrupt digital communications might help level the playing field when fighting against a superior conventional foe.” Now new Russian Khibini Electronic Counter Measure systems are being installed on the wingtips of Russia’s SUKHOI SU-34 fighter-bombers going after ISIS in Syria.
  • A second highly-advanced new Russian military technology that’s raising more than eyebrows in US Defense Secretary ‘Ash’ Carter’s Pentagon is Russia’s new Bumblebee which Russia’s military classifies as a flamethrower. In reality it is a highly advanced thermobaric weapon which launches a warhead that uses a combination of an explosive charge and highly combustible fuel. When the rocket reaches the target, the fuel is dispersed in a cloud that is then detonated by the explosive charge. US Military experts recently asked by the US scientific and engineering magazine Popular Mechanics to evaluate the Bumblebee stated that, “the resulting explosion is devastating, radiating a shockwave and fireball up to six or seven meters in diameter.” The US experts noted that the Bumblebee is “especially useful against troops in bunkers, trenches, and even armored vehicles, as the dispersing gas can enter small spaces and allow the fireball to expand inside. Thermobarics are particularly devastating to buildings — a thermobaric round entering a structure can literally blow up the building from within with overpressure.”
  • We don’t go into yet another new highly secret Russian military technology recently subject of a Russian TV report beyond a brief mention, as little is known. It is indicative of what is being developed as Russia prepares for the unthinkable from Washington. The “Ocean Multipurpose System: Status-6” is a new Russian nuclear submarine weapons system designed to bypass NATO radars and any existing missile defense systems, while causing heavy damage to “important economic facilities” along the enemy’s coastal regions. Reportedly the Status-6 will cause what the Russian military terms, “assured unacceptable damage” to an adversary force. They state that its detonation “in the area of the enemy coast” (say, New York or Boston or Washington?) would result in “extensive zones of radioactive contamination” that would ensure that the region would not be used for “military, economic, business or other activity for a long time.” Status-6 reportedly is a massive torpedo, designated as a “self-propelled underwater vehicle.” It has a range of up to 10 thousand kilometers and can operate at a depth of up to 1,000 meters. At a November 10 meeting with the Russian military chiefs, Vladimir Putin stated that Russia would counter NATO’s US-led missile shield program through “new strike systems capable of penetrating any missile defenses.” Presumably he was referring to Status-6.
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    Not to mentiont that Russia has deployed its S-400 surface to air defense system to Syria, which is 2 generations later than the currently deployed U.S. Patriot systems. The S-400 can knock down aircraft or missiles flying up to 90,000 feet and travels at over 17,000 mph, very near Earth escape velocity. It has a lateral range of nearly 300 miles.
Paul Merrell

MEDIA FAIL: Is the West's Coverage of Ukraine a Failure of Nuclear Proportions? - WhoWh... - 0 views

  • Last July, The New York Times declared, “The Ukrainian conflict has gone on far too long, and it has become far too dangerous. There is one man who can stop it — President Vladimir Putin of Russia.” In the intervening months, the media’s assessment of Putin has only grown harsher, with his actions in Ukraine being seen as a possible prelude to a full-scale Russian invasion, along the lines of his 2008 takeover of two provinces in the nation of Georgia. But this analysis is dangerously unbalanced.
  • While Putin has made many missteps in the Ukrainian crisis–and many in Georgia in 2008–the West is far from blameless. If, as the Times asserts, it’s all Putin’s fault, then the U.S. and its allies have few options beyond waiting for him to have a sudden change of heart. But if the West can acknowledge its own mistakes and start to rectify them, that might point the way to resolving the current conflict before it escalates further, even possibly to nuclear threats. In considering options, let’s first look at the perception that Ukraine is a repeat of Putin’s land-grab in Georgia. That in turn has been compared to Hitler’s dismemberment of Czechoslovakia 70 years earlier. This analogy, with its hot-button allusion to the West’s appeasement of Nazi Germany at Munich in 1938, was promoted by, among others, former Secretary of State Hillary Clinton. But in fact, it was one-sided coverage in the mainstream Western media that created the false impression that Putin alone was responsible for the 2008 Russian-Georgian War. Disregarded in this coverage was a finding by European Union investigators that Georgia, backed by the West, had in fact fired the first shots. The EU ultimately found blame on both sides.
  • In Ukraine, Putin has justified his cross-border interventions as required to protect ethnic Russians from threats by hostile neighbors. His stated concerns may be self-serving, but not necessarily as misplaced as Western governments and media make out. Key precipitating events are left out of the narrative. For example, Western media barely covered a May 2, 2014, fire in the Black Sea port city of Odessa, where dozens of pro-Russian separatists were burned alive after they barricaded themselves in a government building to escape a violent Ukrainian mob. Ukrainian nationalists surrounded the building, sang the Ukrainian national anthem, and chanted the equivalent of “Burn, Russians, burn!” while the building went up in flames. An even more egregious failure of American mainstream media coverage in Ukraine came during the February 2014 anti-government demonstrations in Ukraine’s capital of Kiev. When sniper fire killed nearly 100 Ukrainians, Western media repeatedly stated as fact that the shots came from the forces of then-Ukrainian President Viktor Yanukovych, who had tilted toward Russia. Outrage over the deaths fueled calls for Yanukovych’s head, and on February 21 he fled the capital, eventually ending up in southern Russia, where he remains in exile.
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  • But virtually ignored by the American mainstream media was a bombshell allegation by Estonian Foreign Minister Urmas Paet. On Feb. 26, 2014, Paet—no friend of Russia’s—said in an intercepted and later authenticated phone call: “There is now stronger and stronger understanding that behind [the] snipers, it was not Yanukovych, but it was somebody from the new coalition.” What Paet called “the new coalition” is essentially the West-leaning Ukrainian government that succeeded Yanukovych. (Please see the full transcript of the conversation here, the most relevant 48 seconds here, and audio of the entire conversation here.) Getting It Right In such conflicts, the truth is one of the first casualties.
  • For an American media outlet willing to tackle this issue, one has to turn to The National Interest, a specialized journal on international relations. Although its parent, The Center for the National Interest, was originally called The Nixon Center—hardly a left-wing group—it recently published “Ukraine Exposed: Kiev’s Authoritarianism” by James Carden, who served as an advisor to the U.S.-Russia Bilateral Presidential Commission at the State Department from 2011 to 2012. Questioning U.S. policy in Ukraine, Carden wrote: From the very start of the Ukraine crisis, Washington’s neoconservative lobby has sought to downplay the less appealing aspects of the government that came to power in Kiev in February. … But examples of the new authoritarianism gripping Kiev have become tougher to miss in recent months … Carden goes on to highlight a case in point. In October, Poroshenko signed a decree establishing October 14 as an official “Day of Ukrainian Defenders” to commemorate the founding of the Ukrainian Insurrectionist Army, known as the UPA, during World War II. Carden then notes:
  • As the historian Halik Kochanski has noted, the UPA worked hand in hand with Poland’s Nazi occupiers, killing, to take but one example, nearly 10,000 Poles over the night of July 11-12, 1943. “A feature of the UPA action,” according to Kochanski, “was its sheer barbarity. They were not content merely to shoot their victims but often tortured them first or desecrated their bodies afterwards.” … Don’t let anyone tell you Russia has a monopoly on “disinformation.” Thus, in its zeal to legitimize Poroshenko’s anti-Russian government in Kiev, the mainstream American media managed to ignore his commemoration of former Ukrainian atrocities. Under the Nuclear Cloud
  • The Risks of Ignorance
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