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Paul Merrell

Ecuador breaks US trade pact to thwart 'blackmail' over Snowden asylum | World news | g... - 0 views

  • Ecuador has ramped up its defiance of the US over Edward Snowden by waiving preferential trade rights with Washington even as the whistleblower's prospect of reaching Quito dimmed.President Rafael Correa's government said on Thursday it was renouncing the Andean Trade Preference Act to thwart US "blackmail" of Ecuador in the former NSA contractor's asylum request.Officials, speaking at an early morning press conference, also offered a $23m donation for human rights training in the US, a brash riposte to recent US criticism of Ecuador's own human rights record.Betty Tola, the minister of political coordination, said the asylum request had not been processed because Snowden, who is believed to be at Moscow airport, was neither in Ecuador nor at an Ecuadorean embassy or consulate. "The petitioner is not in Ecuadorean territory as the law requires."
  • The renunciation underlined divisions within Ecuador's government between leftists who have embraced Snowden as an anti-imperialist symbol and centrists who fear diplomatic and economic damage.Some in the government are believed to be annoyed that Julian Assange, the WikiLeaks founder who has sheltered at Ecuador's London embassy to avoid extradition, has seized the limelight in the Snowden saga. Assange caught Quito by surprise last week when he announced Snowden had been given a safe conduct pass. Quito replaced its ambassador to London earlier this month in hope of better managing its famous guest.The waiving of preferential trade rights followed threats from members of the US congress to drop the ATPA in July, when it is due for renewal, unless Ecuador toed the line on Snowden."Ecuador does not accept pressure or threats from anyone, nor does it trade with principles or submit them to mercantile interests, however important those may be," said Fernando Alvarado, the communications secretary. "Ecuador gives up, unilaterally and irrevocably, the said customs benefits."
Paul Merrell

Julian Assange to be questioned inside embassy as Ecuador agrees to set date | Media | ... - 0 views

  • Julian Assange will be questioned by Swedish prosecutors inside the Ecuadorian embassy in London, in a possible breakthrough to end the impasse over his case. The Ecuadorian attorney general delivered a document agreeing to a request by the Swedish prosecutor to question the founder of WikiLeaks. He is wanted for questioning over a rape allegation, which he denies. If he goes to Sweden he believes he will be taken to the US because of the activities of WikiLeaks. Assange has been living inside the embassy for more than four years and has been granted political asylum by Ecuador.
  • He has offered to be questioned inside the embassy but Swedish prosecutors have only recently agreed. A statement issued in Ecuador said: “In the coming weeks a date will be established for the proceedings to be held at the embassy of Ecuador in the United Kingdom.
  • The statement said the proceedings did not affect the recent opinion of the Working Group on Arbitrary Detentions of the United Nations, which found that Assange was being arbitrarily detained. The working group called for Assange to be released and given compensation for violation of his rights. The Ecuador statement added: “Ecuador’s foreign ministry reiterates its commitment to the asylum granted to Julian Assange in August 2012, and reaffirms that the protection afforded by the Ecuadorian state shall continue while the circumstances persist that led to the granting of asylum, namely fears of political persecution.”
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    Assange justifiably fears that if he submits to extradition to Sweden, that nation would in turn hand him over to the U.S. for prosecution under the Espionage Act. It is known that a grand jury handed down indictments in the case involving a leak of massive numbers of State Department cables by Chelsea (formerly Bradley) Manning. Wikileaks received and published those documents. Soon after, a prosecutor in Sweden began a rape investigation, despite both women involved saying that they were not raped. No rape charges have actually been filed. The British courts later granted Sweden's extradition request, despite there being no charges pending, at which point Assange was granted asylum by Ecuador and has been effectively imprisoned in that nation's London embassy ever since.
Paul Merrell

PressTV - Ecuador says USAID must leave by end of September - 0 views

  • Ecuador has called for the US Agency for International Development (USAID) to leave the country by the end of September. In a letter obtained by the Associated Press on Thursday, Ecuador’s government told the USAID that it “must not execute any new activity,” nor widen any existing projects in the country. The letter, dated November 26, 2013, was signed by Gabriela Rosero of Ecuador’s international cooperation agency and was sent to the US Embassy in the Ecuadorean capital of Quito. The letter was reportedly addressed to USAID program officer, Christopher M. Cushing. Rosero said that the USAID must pull out by September 30, and that “the decision has been made.” Ecuadorian President Rafael Correa suggested in December that the USAID's programs were no longer welcome in Ecuador, saying on one of his regular Saturday programs on television and radio that "we don't need charity."
  • In April, Ecuador ordered 20 US military staff working at the US Embassy in Quito to leave the country by the end of the month. In January, President Rafael Correa publicly complained that the United States had too many military officers in the country. He said Ecuador planned to order some to leave. Many observers say that the action was taken over concerns about Washington’s espionage activities. Relations between the United States and Ecuador have strained in recent years. There were even tense relations before President Correa granted political asylum to WikiLeaks founder Julian Assange in June 2012 in the Ecuadorian Embassy in London.
Paul Merrell

Ecuador Leaves US-Backed Military Organization | News | teleSUR - 0 views

  • Ecuador has decided to voluntarily leave the Inter-American Defense Board (IDB), affiliated with the Organization of American States (OAS), in order to prioritize cooperation with the South American Defense Council. The announcement came on Friday with a statement from the Organization of American States (OAS) that said after taking the necessary steps, as of February 20, 2015 Ecuador was no longer a member of the IDB. “Ecuador ratifies its support for the development of a new security (system) where regional interests take priority through organizations such as the South American Defense Council, which is part of the UNASUR system,” said a statement by the Ecuadorean Ministry of Foreign Affairs. Part of UNASUR’s mandate involves promoting peace in the region and accordingly has rejected recent efforts to destabilize Venezuela. Increasingly, the countries of Latin America have been focusing on regional development and integration, a departure from the policies of the region’s governments in the 20th century, which sought closer ties with the United States.
  • “The exit (by Ecuador) from the IDB completes the nation’s disassociation from all of the bodies of the Inter-American Defense System,” said the statement. In 2009, Ecuador ended an agreement with the United States that allowed the U.S. military to use a military base in the city of Manta.
  • The countries of Latin America have a torrid history with military cooperation endeavours that involve the United States. Many of the military dictatorships that once ruled over the countries of the region had their military officers receive training at the U.S. Army School of the Americas. SOA Watch has accused many graduates of having committed human rights violations. Although affiliated with the OAS, not all members of the OAS are members of the Inter-American Defense Board.
Paul Merrell

Edward Snowden asks for asylum in Ecuador: live updates | World news | guardian.co.uk - 0 views

  • The NSA whistleblower left Hong Kong on an Aeroflot flight to Moscow, two days after the US charged him with espionage, before applying for asylum in Ecuador
  • WikiLeaks has released a statement claiming that Snowden is "bound for Ecuador" and is awaiting the processing of his application for asylum:  Mr Edward Snowden, the American whistleblower who exposed evidence of a global surveillance regime conducted by US and UK intelligence agencies, has left Hong Kong legally. He is bound for the Republic of Ecuador via a safe route for the purposes of asylum, and is being escorted by diplomats and legal advisors from WikiLeaks. Mr Snowden requested that WikiLeaks use its legal expertise and experience to secure his safety. Once Mr Snowden arrives in Ecuador his request will be formally processed. Former Spanish Judge Mr Baltasar Garzon, legal director of Wikileaks and lawyer for Julian Assange has made the following statement: "The WikiLeaks legal team and I are interested in preserving Mr Snowden’s rights and protecting him as a person. What is being done to Mr Snowden and to Mr Julian Assange - for making or facilitating disclosures in the public interest - is an assault against the people".
  • It’s past midnight in Hong Kong and late evening in Moscow, so time for a summary of the events so far on a day of extraordinary drama: • Edward Snowden, the NSA contractor whose revelations to the Guardian about the scale and scope of US spying and hacking activities has prompted global headlines, has fled Hong Kong and is now in Moscow. • His plane arrived in Russia shortly after 5pm local time. Snowden is not believed to have a Russian visa and is thought to be staying overnight at a capsule hotel inside Moscow's Sheremetyevo airport after reportedly being met on the tarmac by diplomatic cars.
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  • • Snowden was allowed to leave despite the US having filed a request for Hong Kong to arrest him. Hong Kong’s government said the documents sent by Washington did not fully meet legal requirements, the statement added, so Snowden was allowed to leave. It has since been reported that the US revoked Snowden’s passport on Saturday. It is not clear how he was allowed to leave Hong Kong if this happened. • Snowden is reportedly booked on a flight on Monday from Moscow to Havana, after which he is believed to be heading for another Latin American destination, reported variously as Venezuela or Ecuador. • The Ecuadorean ambassador to Russia is at the airport but said he had not met Snowden and was not entirely sure where he is.  • WikiLeaks has claimed in tweets it "assisted Mr Snowden's political asylum in a democratic country" and that its "legal advisers" are with him, including Sarah Harrison, a WikiLeaks staffer.
  • • There has been an angry reaction in the US to news of Snowden’s departure. Keith Alexander, head of the NSA, called Snowden “an individual who is not acting, in my opinion, with noble intent". • Snowden's departure came on the same day the South China Morning Post carried detailed reports of claims from him about US actions against China, including allegations of the hacking of phone text messages. China has said it is “gravely concerned” about the revelations. The country’s Xinhua news agency called the US “the biggest villain in our age" when it comes to hacking.
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    My favorite part so far, NSA head Gen. Keith Alexander called Snowden "an individual who is not acting, in my opinion, with noble intent". Let's consider for a moment that as a U.S. Army officer, Gen. Alexander, initially and upon each promotion, was required to "solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."  http://www.army.mil/values/officers.html So what part of "support and defend the Constitution of the United States" is it that he didn't catch? U.S. military officers are required by law to disobey illegal commands. Can this man seriously believe that his mission does not violate the U.S. Constitution?  The Fourth and Fifth Amendments were direct reactions to the British Army's practice of invading Colonist's homes at will. destroying their privacy and seizing anything in sight including its residents, their papers, their personal effects, and their property without judicial warrant or due process and just compensation. But that is just what Gen. Alexander assists in. He is a usurper of our Constitution. But let's compare the courage of Edward Snowden and Keith Alexander: "Common experience shows how much rarer is moral courage than physical bravery.  A thousand men will march to the mouth of the cannon where one man will dare espouse an unpopular cause." - Clarence Darrow   "Few are willing to brave the disapproval of their fellows, the censure of the colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change." -
Paul Merrell

Ecuadorian Presidential Hopeful Could Be Assange's Undoing - 0 views

  • Guillermo Lasso, a former banker and Ecuador’s ex-Minister of Economics, is running for president in Ecuador and has promised to end the nation’s long-standing asylum of Wikileaks editor Julian Assange.
  • However, Ecuador’s upcoming runoff election, set to conclude April 2, could dramatically alter Assange’s situation, particularly if Guillermo Lasso – the conservative, opposition-party candidate – wins the contest. Lasso, who was recently named the most likely winner of the upcoming runoff, has stated that he would end Assange’s “costly” asylum in the embassy, adding that “the Ecuadorian people have been paying a cost that we should not have to bear.”
  • Lasso’s position on Assange’s asylum was likely intended to set him apart from the policies of long-time president Rafael Correa, whose leftist regime originally granted Assange asylum. However, Correa maintains that Lasso’s statements regarding the Wikileaks editor are more about U.S. “appeasement” than anything else. It is widely believed that Lasso – if victorious in April – would strengthen Ecuador’s ties with the U.S. compared to Correa, who famously shut down the U.S.’ Ecuadorian military base in 2009 and ejected the U.S. ambassador to the country in 2011.
Gary Edwards

Reinventing Banking: From Russia to Iceland to Ecuador - 1 views

  • Global developments in finance and geopolitics are prompting a rethinking of the structure of banking and of the nature of money itself. Among other interesting news items: * In Russia, vulnerability to Western sanctions has led to proposals for a banking system that is not only independent of the West but is based on different design principles. * In Iceland, the booms and busts culminating in the banking crisis of 2008-09 have prompted lawmakers to consider a plan to remove the power to create money from private banks. * In Ireland, Iceland and the UK, a recession-induced shortage of local credit has prompted proposals for a system of public interest banks on the model of the Sparkassen of Germany. * In Ecuador, the central bank is responding to a shortage of US dollars (the official Ecuadorian currency) by issuing digital dollars through accounts to which everyone has access, effectively making it a bank of the people.
  • A major concern with stripping private banks of the power to create money as deposits when they make loans is that it will seriously reduce the availability of credit in an already sluggish economy. One solution is to make the banks, or some of them, public institutions. They would still be creating money when they made loans, but it would be as agents of the government; and the profits would be available for public use, on the model of the US Bank of North Dakota and the German Sparkassen (public savings banks). In Ireland, three political parties – Sinn Fein, the Green Party and Renua Ireland (a new party) — are now supporting initiatives for a network of local publicly-owned banks on the Sparkassen model. In the UK, the New Economy Foundation (NEF) is proposing that the failed Royal Bank of Scotland be transformed into a network of public interest banks on that model. And in Iceland, public banking is part of the platform of a new political party called the Dawn Party.
  • Under this “Sovereign Money” proposal, the country’s central bank would become the only creator of money. Banks would continue to manage accounts and payments and would serve as intermediaries between savers and lenders. The proposal is a variant of the Chicago Plan promoted by Kumhof and Benes of the IMF and the Positive Money group in the UK.
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  • William Engdahl concludes that Russia is in “a fascinating process of rethinking every aspect of her national economic survival because of the reality of the western attacks,” one that “could produce a very healthy transformation away from the deadly defects” of the current banking model.
  • Iceland’s Radical Money Plan Iceland, too, is looking at a radical transformation of its money system, after suffering the crushing boom/bust cycle of the private banking model that bankrupted its largest banks in 2008. According to a March 2015 article in the UK Telegraph: Iceland’s government is considering a revolutionary monetary proposal – removing the power of commercial banks to create money and handing it to the central bank. The proposal, which would be a turnaround in the history of modern finance, was part of a report written by a lawmaker from the ruling centrist Progress Party, Frosti Sigurjonsson, entitled “A better monetary system for Iceland”.
  • Particularly interesting is a proposal to provide targeted lending for businesses and industries by providing them with low-interest loans at 1-4 percent, financed through the central bank with quantitative easing (digital money creation). The proposal is to issue 20 trillion rubles for this purpose over a five year period. Using quantitative easing for economic development mirrors the proposal of UK Labour Leader Jeremy Corbin for “quantitative easing for people.”
  • Ever since 2000, when Ecuador agreed to use the US dollar as its official legal tender, it has had to ship boatloads of paper dollars into the country just to conduct trade. In order to “seek efficiency in payment systems [and] to promote and contribute to the economic stability of the country,” the government of President Rafael Correa has therefore established the world’s first national digitally-issued currency.
  • Unlike Bitcoin and similar private crypto-currencies (which have been outlawed in the country), Ecuador’s dinero electronico is operated and backed by the government. The Ecuadorian digital currency is less like Bitcoin than like M-Pesa, a private mobile phone-based money transfer service started by Vodafone, which has generated a “mobile money” revolution in Kenya.
  • According to a National Assembly statement: Electronic money will stimulate the economy; it will be possible to attract more Ecuadorian citizens, especially those who do not have checking or savings accounts and credit cards alone. The electronic currency will be backed by the assets of the Central Bank of Ecuador.
  • That means there is no fear of the bank going bankrupt or of bank runs or bail-ins. Nor can the digital currency be devalued by speculative short selling. The government has declared that these are digital US dollars trading at 1 to 1 – take it or leave it – and the people are taking it. According to an October 2015 article titled “
  • Banking Moves into the 21st Century The catastrophic failures of the Western banking system mandate a new vision. These transformations, current and proposed, are constructive steps toward streamlining the banking system, eliminating the risks that have devastated individuals and governments, democratizing money, and promoting sustainable and prosperous economies.
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    Excellent article on banking, lending, and currency reform initiatives.  Thanks to Marbux!
Paul Merrell

Courthouse News Service - 0 views

  • During secret proceedings in Washington, a key witness in undermining the $9.5 billion judgment Chevron faces in Ecuador repudiated much of his explosive testimony, transcripts made public today show.     Since agreeing to testify for the oil giant, Judge Alberto Guerra's fortunes have changed, and so have Chevron's.     Roughly two years ago, Guerra took to the witness stand in a New York federal courtroom and swore that lawyers for rainforest villagers bribed him to ghostwrite a multibillion-dollar Ecuadorean court judgment against Chevron for oil contamination to the Amazon jungle.     About a year before he made a deal with Chevron, Guerra had little more than $100 to his name. He also owed tens of thousands of dollars in debt and could not afford to visit his children living in the United States.     U.S. District Judge Lewis Kaplan had warned early on in proceedings that he did not "assume that anyone's hands in this are clean," yet he credited Guerra's testimony last year in ruling that the Ecuadoreans obtained their award "by corrupt means."     The Ecuadoreans have long attacked Guerra, who has a contract with Chevron for various perks, including at least $326,000, an immigration attorney and a car, as a "paid-for" participant in the oil giant's self-styled witness-protection program.     Kaplan's decision conceded that "Guerra's credibility is not impeccable," but found that his account was "corroborated extensively by independent evidence."
  • Both that credibility and the corroborating evidence came under withering attack this year during closed-door proceedings before an international arbitration tribunal.     Though the hearings took place without press or public access at the World Bank in Washington on April 23 and 24, the tribunal agreed to release transcripts of the proceedings in response to a Courthouse News request that the Reporters Committee for Freedom of the Press supported.     Courthouse News obtained advanced copies of more than 3,000 pages of transcripts, which were formally released on Monday.     They show Guerra putting a new twist on an old saying. "Money talks, gold screams," Guerra said in a June 25, 2012, meeting with Chevron representatives - a meeting Chevron recorded.     Testifying about this comment at the arbitration hearing, Guerra said Chevron showed him a safe filled with money. He recounted Chevron's representatives telling him: "Look, look, look what's down there. We have $20,000 there."     He remembered replying: "Oh, OK, very well, very well."     Guerra said he had only $146 in his bank account a year earlier, and owed tens of thousands more to finish the construction of his house. He said he could not scrape money for airfare to visit his children in the United States.
  •  Minutes from Guerra's meeting with Chevron that came to light during the tribunal proceedings showed that Chevron's lawyers hoped to find evidence that the Ecuadorean government had pressured the Guerra to rule against the company.     Guerra disappointed by saying that Ecuadorean President Rafael Correa's administration "never butted in" to the process, the transcript shows.     "These guys are idiots, but the truth, the truth, I attest, damn, they never got involved," Guerra added, referring to Correa's government.     The remark appears to undercut the foundation of Chevron's arbitration case, which asks the tribunal to blame the Ecuadorean government for a miscarriage of justice.     Guerra stood by those comments on the arbitration panel's witness stand.      "My position is that the government did not intervene," Guerra said.     The only time an Ecuadorean government official tried to elbow into the case, Guerra testified, was under a prior administration. Correa's predecessors pushed to dismiss the case in Chevron's favor in 2003, he said.
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  •  Guerra also acknowledged bluntly on the witness stand that he had lied in telling Chevron's team that attorneys for the Ecuadoreans offered him $300,000.     "Yes, sir, I lied there," Guerra told Eric Bloom, who represents Ecuador for the firm Winston & Strawn. "I wasn't truthful."     Guerra maintains that other attorneys for the Ecuadoreans, specifically Steven Donziger and Pablo Fajardo, offered money in return for ghostwriting the judgment on behalf of Judge Nicolas Zambrano, the final jurist to preside over the case.     Shifting the details of this supposed arrangement, though, Guerra walked back his allegation that Zambrano offered him 20 percent.     "That was my sworn statement in New York, but what I said is that, because of a circumstance, because of a situation, I mentioned 20 percent when it wasn't true, and I think that, as a gentleman, I should say the truth, and we did not discuss - I did not discuss 20 percent with Mr. Zambrano - but we did discuss that he would share with me from what he received," he said.     In his nearly 500-page ruling, Judge Kaplan pointed to bank records, daily planners, shipping records and airplane tickets as corroborating evidence that outweighed Guerra's credibility problems.
  • Particularly persuasive for Kaplan was evidence that Ecuador's national airline, Tame, certified delivery of packages between Guerra and Zambrano.     Guerra told the arbitrators this spring, however, that all 11 of these packages "had nothing to do with the [Chevron] case."     As for his plane tickets to the rainforest from Aug. 11 and 12, 2010, Guerra said they occurred during an irrelevant time period.     "If I traveled during those dates, it wasn't for me to provide assistance to the Chevron case," he said.     Guerra testified that Chevron representatives told him that they would have raised his pay if he could provide them with the key physical evidence they were looking for: a draft of the judgment.     "We were unable to find the main document," Guerra recalled them saying. "Had we been able to find it, we would have been able to offer you a larger amount, something like that, we have $18,000 for you, and we're going to take the computer with us."     Though Guerra did not have a copy of the judgment, Ecuador's forensic expert Christopher Racich testified that he found a running draft of the judgment against Chevron on Zambrano's hard drives.
  • Ecuador now argues that this forensic evidence - which Courthouse News reported exclusively early this year - proves Zambrano painstakingly wrote the ruling and saved it hundreds of times throughout the case.     Chevron has not been able to produce emails between Guerra, Zambrano and the purported ghostwriters, Donziger and Fajardo, Ecuador's forensic expert says.     Guerra acknowledged to the arbitrators that that the bounty of physical evidence he promised Chevron fell short.     There are no calendars and day planners marked with meetings scheduled between Fajardo, Donziger or Guerra, he acknowledged.     While Guerra said he had payments from Zambrano from April 2011 and February 2012, he testified that these "had no connection to the Chevron case."     For Chevron, the thousands of pages of transcripts show that the company "proved its case before the International Arbitration Tribunal."     "Witness and expert testimony confirmed that the Ecuadorean judgment against Chevron was ghostwritten by Steven Donziger and his team and that the Ecuadorian government is responsible for any further remediation," Chevron spokesman Morgan Crinklaw said in a statement. "Chevron also proved that Ecuador breached the U.S.-Ecuador Bilateral Investment Treaty and international law."     Donziger, who still works for the Ecuadorean villagers seeking to collect from Chevron, said in a statement that Guerra's latest testimony "demonstrates once and for all that Chevron's so-called racketeering case has completely fallen apart."
  •   "Guerra has been the linchpin of Chevron's entire body of trumped up evidence and he now stands not only as an admitted liar, but also as a shocking symbol of how Chevron's management has become so obsessed with evading its legal obligations in Ecuador that it is willing to risk presenting false evidence in court to try to frame adversary counsel and undermine the rule of law," Donziger added.
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    Chevron has a "witness-protection program" as an excuse for paying off witnesses? And for paying them to lie under oath, it appears. Never in my legal career did I ever here of a non-governmental entity with a witness protection program. This reeks to high heavens.  Hats off to Courthouse News for digging deep on this one.   
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.
  •  
    "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

Ecuador signs deal with Sweden for Assange questioning | Reuters - 0 views

  • Ecuador and Sweden have signed a pact that would allow WikiLeaks founder Julian Assange to be questioned by Swedish authorities at Ecuador's embassy in London where he has been holed up for more than three years since facing sexual assault charges, the Quito government said.The legal agreement was signed in the Ecuadorean capital after half a year of negotiations."It is, without doubt, an instrument that strengthens bilateral relations and will facilitate, for example, the fulfillment of judicial matters such as the questioning of Mr. Assange," the foreign ministry said in a weekend statement.Assange, 44, took refuge in the embassy building in June 2012 to avoid extradition to Sweden, where he is wanted for questioning over allegations of sexual assault and rape against two women in 2010. The Australian denies the accusations.
  • Assange says he fears Sweden will extradite him to the United States where he could be put on trial over WikiLeaks' publication of classified military and diplomatic documents five years ago, one of the largest information leaks in U.S. history. Britain, which has accused Ecuador of preventing the course of justice by allowing Assange to remain in its embassy in the upmarket central London area of Knightsbridge, welcomed the agreement."It is for the Swedish Prosecutor to decide how they now proceed with a legal case," a spokeswoman for the British Foreign Office said.
Paul Merrell

Ecuador Gives Sweden Green Light for Assange Interrogation | News | teleSUR English - 0 views

  • Ecuadorean Foreign Minister Ricardo Patiño confirmed Friday that his country granted the request submitted by Swedish authorities to interrogate Julian Assange in London, which could possibly result in the dropping of any future criminal charges against him. “Before (the Sweedish authorities) file three of the possible trials, they asked to go to the Ecuadorean embassy in London in order to collect his declarations,” said the state official in an interview with Radio Publica. “Julian Assange benefits from our protection for being exiled, and remains under the Ecuadorean juridiction.” Patiño explained that the procedure was the result of a two-month negotiation between the whistleblower and Swedish authorities.
  • For instance, the Swedish prosecutor could hand questions to their Ecuadorean counterpart, and the interrogation would be carried out with the presence of a Swedish attorney, he said. Once Assange's declarations are collected, Swedish authorities will be able to decide whether to proceded with criminal charges against Assange or not, meaning Assange could be able to finally leave the embassy were he has been forced to stay in since June 19, 2012. “We hope there won't be any issues with United Kingdom,” added Patiño, explaining Ecuador would then ask British authorities a letter of safe-passage, so Assange could head to the airport without fearing arrest. “Supposedly (Assange) should go straight to Ecuador, where he was granted asylum.” Swedish prosecutors have not indicated yet when they plan to visit the Ecuadorean Embassy in London to question Assange.
Paul Merrell

Ecuador says it found a hidden microphone at its London embassy | Reuters - 0 views

  • Ecuador has found a hidden microphone inside its London embassy, where WikiLeaks founder Julian Assange is living, and will disclose on Wednesday who controls the device, its foreign minister said.
Paul Merrell

Latin America is ready to defy the US over Snowden and other issues | Stephen Kinzer | ... - 0 views

  • Any country that grants asylum to Snowden risks retaliation from the United States, including diplomatic isolation and costly trade sanctions. Several don't seem to care. The fact that Latin America has become the favored refuge for a United States citizen accused of treason and espionage is an eye-popping reminder of how fully the continent has emerged from Washington's shadow."Latin America is not gone, and we want to keep it," President Richard Nixon told aides as he was pressing the covert operation that brought down the Chilean government in 1973. A decade later, the Reagan administration was fighting proxy wars in Nicaragua, El Salvador and Guatemala. In the 1980s the US Army invaded two Caribbean countries, Grenada and Panama, to depose leaders who had defied Washington.
  • During the 1990s the United States sought to impose the "Washington Consensus" on Latin American governments. It embodied what Latin Americans call "neo-liberal" principles: budget cuts, privatization, deregulation of business, and incentives for foreign companies. This campaign sparked bitter resistance and ultimately collapsed. In spite of these military, political, and economic assaults – or perhaps because of them – much of Latin America has become profoundly dissatisfied with the made-in-USA model. Some of the continent's most popular leaders rose to power by denouncing the "Washington Consensus" and pledging to pull their countries out of the United States orbit.Because President Hugo Chavez of Venezuela was the most flamboyant of these defiant leaders, some outsiders may have expected that following his death, the region would return to its traditional state of submission. In fact, not just a handful of leaders but huge populations in Latin America have decided that they wish for more independence from Washington.
  • This is vital for Snowden because it reduces the chances that a sudden change of government could mean his extradition. If he can make it to Latin America, he will never lack for friends or supporters.
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  • From Ecuador, Snowden could travel widely. Everything from the splendor of Bolivia's Lake Titicaca to the vibrancy of teeming Caracas awaits him. With luck, he might even be able to visit Guatemala in September to attend the grand festival being planned for the 100th anniversary of the birth of Jacobo Arbenz, the reformist president who the United States deposed in 1954.
  •  
    Remember when the U.S. routinely overthrew Latin-American governments at will, at the first sign of a government's resistance to U.S. dictates? The last time that occurred overtly was in 1989, with the invasion of Panama (although there have been later clandestine attempts). The cases of Julian Assange and Edward Snowden's selection of Ecuador as the refuge nation least likely to hand them over for U.S. prosecution illustrates the declining influence of U.S. government in Latin America.   
Paul Merrell

Operation Condor Docs Show US Wanted to Rig Election in Ecuador | News | teleSUR English - 0 views

  • While leftist Jaime Roldos Aguilera went on to become Ecuador's president, he was later killed in a plane crash under mysterious circumstances. 
Paul Merrell

Prensa Latina News Agency - Ecuadoran Parliament Begins Procedure to Resign from Rio Tr... - 0 views

  • Ecuador''s National Assembly has begun the procedure to make official the resignation of the Andean country from the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), signed with the United States in 1947. The approval of the resignation request is being handled by the Commission on Sovereignty and International Relations, which yesterday listened to arguments from several officials belonging to the foreign ministry, the legislative body reported in a press note. According to the text, the diplomat Mauricio Montalvo explained to some members of the commission that the Ecuadorian government supports the country's resignation from that agreement due to the current lack of political, material, and historical conditions that were once present after the end of the Cold War and which motivated the signature of the agreement. Montalvo referred to the Rio Treaty as an instrument promoted by the United States to deal with alleged attacks against the peace, security, and sovereignty of Latin American nations, as a result of the intervention of powers outside the region, specifically the communist bloc in Eastern Europe and Asia.
  • However, the diplomat stated that in recent years the document has been used to justify interventionism and the use of force against Latin American countries and governments with nationalist, socialist, or populist tendencies. In addition, he mentioned as an example the case of the British invasion of the Malvinas (Falkland) Islands, when the United States sided with the United Kingdom, against Argentina´s interests, despite this Southern country being one of the signatories of the agreement. Ecuador announced its resignation from Rio Treaty at the summit of the Organization of American States celebrated in June, 2012 in the Bolivian city of Cochabamba, through its foreign minister, Ricardo Patiño. On that occasion, the head of Ecuadorian diplomacy expressed that his country, like Bolivia, Nicaragua, and Venezuela had made the choice to withdraw from the agreement, considering that it had lost its legitimacy after the Malvinas war. "We have decided to bury what deserves to be buried, and to dispose what is of no longer useful," Patiño declared at the time.
  •  
    Looks like the Monroe Doctrine is running out of steam. 
Paul Merrell

SteveLendmanBlog - 0 views

  • cuador is in the eye of the storm. Obama's earlier 2010 attempt to forcibly unseat popular President Rafael Correa failed.  He's trying again. Ecuadorean democracy is being attacked. Since early June, US-orchestrated right-wing protests (mainly in Quito and Guayaquil) erupted. They continue at times violently to replace Correa with fascist rule. They began on the pretext of announced higher inheritance and capital gains taxes affecting about 2% of the population - the Law to Redistribute the Wealth now being debated after Correa halted its implementation to make rich Ecuadorians pay more along with creating more social enterprises, collectives and cooperatives.  Protest leaders want Correa forcibly ousted. Interior Minister Jose Serrano revealed a plot to storm the presidential palace, block airports and bridges on the Colombian and Peruvian borders, as well as attack security forces.
  • Serrano said opposition lawmakers Andres Paez and Lourdes Tiban conspired with former Col. Mario Pazmino to instigate violence and chaos during protests. Pazmino was former army military intelligence head - "very close to the CIA," according to Correa. In 2008, he was sacked for colluding with Colombia's bombing of Ecuador.
  • On Thursday, violent clashes erupted. Right-wing extremists attacked Ecuadorean police near Quito's presidential palace. Their plan to breach their lines failed. Four officers sustained injuries.
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  • Washington wants Correa's government replaced by a regime it controls, neo-colonial rule most Ecuadoreans oppose - following the pattern of earlier failed Venezuelan protests.  So far, popular support for Correa prevails. At the same time, dark forces headquartered in Washington never end their dirty game for unchallenged global dominance - a plot to create unfit to live in ruler-serf societies worldwide.
Paul Merrell

Inside Chevron's 9 Billion Dollar Legal Battle in Ecuador | Rolling Stone - 0 views

  • For more than two decades, energy giant Chevron and Ecuadorean activists, led by American lawyer Steven Donziger, have been embroiled in a contentious lawsuit about who is responsible for contaminating a vast swath of the Amazon
  •  
    More epic journalism from Rolling Stone from last August. In related news, the Ecuadoran plaintiffs have just filed for a criminal investigation by the International Criminal Court of Chevron's CEO John Watson and other high Chevron officials. http://tinyurl.com/mu67fk2  
Paul Merrell

Ecuador Begins New Era of Cooperation with China | News | teleSUR - 0 views

  • As part of his official visit to China, President Rafael Correa met with Chinese bank executives in order to enhance financial cooperation. Ecuadorean President Rafael Correa stated Tuesday in Beijing that the Chinese-based Eximbank will grant US$5 billion to finance various development projects throughout the country. As part of his first official trip to China, President Correa met with bank executives in order to enhance financial cooperation in the area of renewable energy projects.  "They [Eximbank] are interested in continuing their financial assistance,” Correa stated, adding that the investments of the China-based bank in Ecuador are “an example for Latin America and for the rest of the world.”  Correa, who is the first Ecuadorean president to visit China in an official capacity, went on to assure that the investments will be allocated towards projects that will contribute to economic growth of the country and will ensure that the profit from these projects will stay in the country.
  • Correa, who has maintained a high approval rating over his eight years as president, will spend a total of four days in China firming up diplomatic and trade relations for his country, as well as participating in the CELAC-China summit Thursday and Friday, which hopes to do the same for the whole Latin American and Caribbean region.
Paul Merrell

Upcoming Trove Of Wikileaks Files To Expose Google, U.S. Government - 0 views

  • uring a press conference in Berlin on Tuesday, the media organization WikiLeaks touted 10 years of drawing the veil of secrecy away from governments and businesses worldwide while also confirming that a new batch of documents—specifically targeting the U.S. government and internet giant Google—will be released over the next two months. “Our upcoming series includes significant material on war, arms, oil, Google, the U.S. elections, and myself,” WikiLeaks founder Julian Assange said via video link from the Ecuadorean Embassy in London, where he has been living since 2012. He saidthe documents would be released before the end of the year, with the first cache coming within the week. There was significant anticipation surrounding Tuesday’s announcement, which was originally set to come from a balcony at the embassy but was reconfigured due to “security concerns.” As the New York Times noted, “[the] remarks from Mr. Assange disappointed many followers of WikiLeaks in the United States, who had stayed up into the early hours hoping to hear information relevant to the presidential election.”
  • Indeed, The Verge reported: There was a lot of build-up to today’s press conference, in anticipation of what had been billed as an “October surprise” that could swing the U.S. presidential election. Instead, WikiLeaks devoted most of the event to recounting its most notorious releases and refuting criticism levied against it. Assange acknowledged the anticipation of a bombshell release in a winding address to reporters, though he declined to say whether the upcoming leaks would tilt the election toward Hillary Clinton or Donald Trump. “There is enormous expectation in the United States,” Assange said of the forthcoming leaks. “Some of that expectation will be partly answered; but you should understand that if we’re going to make a major publication in relation to the United States at a particular hour, we don’t do it at 3am.” Assange’s previous hints about forthcoming leaks led Republican operatives to express hope that WikiLeaks’ “October Surprise” would cripple Hillary Clinton’s presidential candidacy. But Assange appeared to quash that narrative on Tuesday, declaring: The idea that “we intend to harm Hillary Clinton, or I intend to harm Hillary Clinton, or I don’t like Hillary Clinton, all those are false.”
Paul Merrell

Snowden Documents Reveal Covert Surveillance and Pressure Tactics Aimed at WikiLeaks an... - 0 views

  • Top-secret documents from the National Security Agency and its British counterpart reveal for the first time how the governments of the United States and the United Kingdom targeted WikiLeaks and other activist groups with tactics ranging from covert surveillance to prosecution. The efforts – detailed in documents provided previously by NSA whistleblower Edward Snowden – included a broad campaign of international pressure aimed not only at WikiLeaks founder Julian Assange, but at what the U.S. government calls “the human network that supports WikiLeaks.” The documents also contain internal discussions about targeting the file-sharing site Pirate Bay and hacktivist collectives such as Anonymous. One classified document from Government Communications Headquarters, Britain’s top spy agency, shows that GCHQ used its surveillance system to secretly monitor visitors to a WikiLeaks site. By exploiting its ability to tap into the fiber-optic cables that make up the backbone of the Internet, the agency confided to allies in 2012, it was able to collect the IP addresses of visitors in real time, as well as the search terms that visitors used to reach the site from search engines like Google.
  • Another classified document from the U.S. intelligence community, dated August 2010, recounts how the Obama administration urged foreign allies to file criminal charges against Assange over the group’s publication of the Afghanistan war logs. A third document, from July 2011, contains a summary of an internal discussion in which officials from two NSA offices – including the agency’s general counsel and an arm of its Threat Operations Center – considered designating WikiLeaks as “a ‘malicious foreign actor’ for the purpose of targeting.” Such a designation would have allowed the group to be targeted with extensive electronic surveillance – without the need to exclude U.S. persons from the surveillance searches.
  • In a statement to The Intercept, Assange condemned what he called “the reckless and unlawful behavior of the National Security Agency” and GCHQ’s “extensive hostile monitoring of a popular publisher’s website and its readers.” “News that the NSA planned these operations at the level of its Office of the General Counsel is especially troubling,” Assange said. “Today, we call on the White House to appoint a special prosecutor to investigate the extent of the NSA’s criminal activity against the media, including WikiLeaks, its staff, its associates and its supporters.” Illustrating how far afield the NSA deviates from its self-proclaimed focus on terrorism and national security, the documents reveal that the agency considered using its sweeping surveillance system against Pirate Bay, which has been accused of facilitating copyright violations. The agency also approved surveillance of the foreign “branches” of hacktivist groups, mentioning Anonymous by name. The documents call into question the Obama administration’s repeated insistence that U.S. citizens are not being caught up in the sweeping surveillance dragnet being cast by the NSA. Under the broad rationale considered by the agency, for example, any communication with a group designated as a “malicious foreign actor,” such as WikiLeaks and Anonymous, would be considered fair game for surveillance.
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  • The system used by GCHQ to monitor the WikiLeaks website – codenamed ANTICRISIS GIRL – is described in a classified PowerPoint presentation prepared by the British agency and distributed at the 2012 “SIGDEV Conference.” At the annual gathering, each member of the “Five Eyes” alliance – the United States, United Kingdom, Canada, Australia and New Zealand – describes the prior year’s surveillance successes and challenges. In a top-secret presentation at the conference, two GCHQ spies outlined how ANTICRISIS GIRL was used to enable “targeted website monitoring” of WikiLeaks (See slides 33 and 34). The agency logged data showing hundreds of users from around the world, including the United States, as they were visiting a WikiLeaks site –contradicting claims by American officials that a deal between the U.K. and the U.S. prevents each country from spying on the other’s citizens. The IP addresses collected by GCHQ are used to identify individual computers that connect to the Internet, and can be traced back to specific people if the IP address has not been masked using an anonymity service. If WikiLeaks or other news organizations were receiving submissions from sources through a public dropbox on their website, a system like ANTICRISIS GIRL could potentially be used to help track them down. (WikiLeaks has not operated a public dropbox since 2010, when it shut down its system in part due to security concerns over surveillance.)
  • It is unclear from the PowerPoint presentation whether GCHQ monitored the WikiLeaks site as part of a pilot program designed to demonstrate its capability, using only a small set of covertly collected data, or whether the agency continues to actively deploy its surveillance system to monitor visitors to WikiLeaks. It was previously reported in The Guardian that X-KEYSCORE, a comprehensive surveillance weapon used by both NSA and GCHQ, allows “an analyst to learn the IP addresses of every person who visits any website the analyst specifies.”
  •  
    "... the Obama administration urged foreign allies to file criminal charges against Assange over the group's publication of the Afghanistan war logs." Sweden promptly launches an alleged rape investigation and Assange is forced by the UK courts to take refuge in the London embassy of Ecuador. Because of urging by the Obama administration aimed at chilling the the First Amendment rights of journalists. That should be grounds for impeachment.  
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