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The Bureau of Investigative Journalism is asking a European court to rule on whether UK legislation properly protects journalists’ sources and communications from government scrutiny and mass surveillance. The Bureau’s application was filed with the European Court of Human Rights on Friday. If the court rules in favour of the application it will force the UK government to review regulation around the mass collection of communications data. The action follows concerns about the implications to journalists of some of the revelations that have come out of material leaked by Edward Snowden. These have made it clear that by using mass surveillance techniques and programs such as Tempora government agencies can not only collect, store and scrutinise the content of electronic communications but also analyse masses of metadata – the details about where digital communications such as emails originate and the subject area of those communications. Gavin Millar QC, who is working on the case with the Bureau, believes UK authorities are routinely carrying out such data collection and analysis and says this enables a sophisticated picture to be developed of a journalist’s or organisation’s network of contacts, sources and lines of enquiry as well as materials, subjects and persons of interest to them.

The Bureau’s Christopher Hird says: “We understand why the government feels the need to have the power of interception. “But our concern is that the existing regulatory regime to control the interception of communications data – such as phone calls and emails – by organisations such as GCHQ does not provide sufficient safeguards to ensure the protection of journalists’ sources, and as a result is a restriction on the operation of a free press.” The collection of data by authorities is governed in the UK by the Regulation of Investigatory Powers Act, known as RIPA. This is primarily focused on internal communications. Many of the investigations undertaken by Bureau journalists involve foreign sources and stories, which are more vulnerable to interception as RIPA does not provide the same safeguards as it does for internal communications. The Bureau is working with lawyers from Doughty Street chambers and law firm Leigh Day, who have advised that there is little protection or rigorous scrutiny provided by current UK legislation for these “external” communications.

When Edward Snowden disclosed details of America’s huge surveillance program two years ago, many in Europe thought that the response would be increased transparency and stronger oversight of security services. European countries, however, are moving in the opposite direction. Instead of more public scrutiny, we are getting more snooping. Pushed to respond to the atrocious attacks in Paris and Copenhagen and by the threats posed by the Islamic State to Europe’s internal security, several countries are amending their counterterrorism legislation to grant more intrusive powers to security services, especially in terms of mass electronic surveillance.

Governments now argue that to guarantee our security we have to sacrifice some rights. This is a specious argument. By shifting from targeted to mass surveillance, governments risk undermining democracy while pretending to protect it.They are also betraying a long political and judicial tradition affording broad protection to privacy in Europe, where democratic legal systems have evolved to protect individuals from arbitrary interference by the state in their private and family life. The European Court of Human Rights has long upheld the principle that surveillance interferes with the right to privacy. Although the court accepts that the use of confidential information is essential in combating terrorist threats, it has held that the collection, use and storage of such information should be authorized only under exceptional and precise conditions, and must be accompanied by adequate legal safeguards and independent supervision. The court has consistently applied this principle for decades when it was called to judge the conduct of several European countries, which were combating domestic terrorist groups.

More recently, as new technologies have offered more avenues to increase surveillance and data collection, the court has reiterated its position in a number of leading cases against several countries, including France, Romania, Russia and Britain, condemned for having infringed the right to private and family life that in the interpretation of the court covers also “the physical and psychological integrity of a person.”

Friendly relations between US and Israel could turn sour over revelations that the NSA tapped Netanyahu, revealing efforts to block the Iran nuclear deal. The U.S. National Security Agency spied on close ally Israel, exposing how Israelis lobbied U.S. authorities to undermine the Iranian nuclear deal, RT reports.   The monitoring came in spite of a U.S. pledge to tone down surveillance of friendly states, while the latest snooping even included some Congress members private conversations. Former Chairman of the House Intelligence Committee Pete Hoekstra called the interceptions an “abuse of power” and called for an investigation into the allegations. “WSJ (Wall Street Journal) report that NSA spied on Congress and Israel communications very disturbing. Actually outrageous. Maybe unprecedented abuse of power,” Hoekstra wrote on his official Twitter account. “NSA and Obama officials need to be investigated and prosecuted if any truth to WSJ reports. NSA loses all credibility. Scary,” he added.

Friendly relations between US and Israel could turn sour over revelations that the NSA tapped Netanyahu, revealing efforts to block the Iran nuclear deal. The U.S. National Security Agency spied on close ally Israel, exposing how Israelis lobbied U.S. authorities to undermine the Iranian nuclear deal, RT reports.   The monitoring came in spite of a U.S. pledge to tone down surveillance of friendly states, while the latest snooping even included some Congress members private conversations. Former Chairman of the House Intelligence Committee Pete Hoekstra called the interceptions an “abuse of power” and called for an investigation into the allegations. “WSJ (Wall Street Journal) report that NSA spied on Congress and Israel communications very disturbing. Actually outrageous. Maybe unprecedented abuse of power,” Hoekstra wrote on his official Twitter account. “NSA and Obama officials need to be investigated and prosecuted if any truth to WSJ reports. NSA loses all credibility. Scary,” he added.

Massive surveillance has continued under President Barack Obama’s two terms, and the revelations of Edward Snowden in 2013 over the extent of the data harvested from civilians did little to dent the spy agency’s activities, according to the Wall Street Journal. A “protected list” rapidly pulled together by the Obama administration in the wake of the scandal to safeguard its closest allies from monitoring included countries including Germany and France. Israel, however, was not on this list, and was instead placed as NSA’s top monitoring priority, as was Turkey. A senior US official said told the Wall Street Journal, “Going dark on Bibi? Of course we wouldn’t do that,” using Israeli Prime Minister Benjamin Netanyahu’s nickname.

When the National Security Agency’s bulk collection of records about Americans’ emails came to light in 2013, the government conceded the program’s existence but said it had shut down the effort in December 2011 for “operational and resource reasons.” While that particular secret program stopped, newly disclosed documents show that the N.S.A. had found a way to create a functional equivalent. The shift has permitted the agency to continue analyzing social links revealed by Americans’ email patterns, but without collecting the data in bulk from American telecommunications companies — and with less oversight by the Foreign Intelligence Surveillance Court.

The disclosure comes as a sister program that collects Americans’ phone records in bulk is set to end this month. Under a law enacted in June, known as the U.S.A. Freedom Act, the program will be replaced with a system in which the N.S.A. can still gain access to the data to hunt for associates of terrorism suspects, but the bulk logs will stay in the hands of phone companies.The newly disclosed information about the email records program is contained in a report by the N.S.A.’s inspector general that was obtained by The New York Times through a lawsuit under the Freedom of Information Act. One passage lists four reasons that the N.S.A. decided to end the email program and purge previously collected data. Three were redacted, but the fourth was uncensored. It said that “other authorities can satisfy certain foreign intelligence requirements” that the bulk email records program “had been designed to meet.”The report explained that there were two other legal ways to get such data. One was the collection of bulk data that had been gathered in other countries, where the N.S.A.’s activities are largely not subject to regulation by the Foreign Intelligence Surveillance Act and oversight by the intelligence court. Because of the way the Internet operates, domestic data is often found on fiber optic cables abroad.

The N.S.A. had long barred analysts from using Americans’ data that had been swept up abroad, but in November 2010 it changed that rule, documents leaked by Edward J. Snowden have shown. The inspector general report cited that change to the N.S.A.’s internal procedures.The other replacement source for the data was collection under the FISA Amendments Act of 2008, which permits warrantless surveillance on domestic soil that targets specific noncitizens abroad, including their new or stored emails to or from Americans.“Thus,” the report said, these two sources “assist in the identification of terrorists communicating with individuals in the United States, which addresses one of the original reasons for establishing” the bulk email records program.

Venezuelan Oil Minister Eulogio del Pino indicated Saturday that the country’s state oil company PDVSA could open a lawsuit in US courts over new revelations of National Security Agency (NSA) spying on top company executives and internal communications.

The announcement comes after leaked documents released to TeleSUR last Wednesday by ex-NSA analyst Edward Snowden exposed that US intelligence officials posing as diplomats had hacked PDVSA’s internal network, monitoring the communications of at least 900 employees since 2010, including former company president Rafael Ramirez. “This is unacceptable and we are going to file a claim and seek redress for damages under US law,” stated Del Pino, who is also the current president of PDVSA. “We are evaluating legal actions, not moral ones. Delving into the personal information of our workers, our strategies, our plans, [and] our operations is a violation, that is unacceptable,” the oil minister added, speaking from the Third Summit of Gas-Exporting Nations in Tehran.

The comments follow an announcement by President Maduro last week calling for a meeting with the US charge d’affaires in Caracas to review bilateral ties in the wake of the scandal. Speaking on Thursday, US State Department spokesperson John Kirby did not deny the evidence contained in the leaked documents, though he did reject claims that US spy agencies engage in industrial espionage on behalf of US corporations.

A changing-places moment brought about by Russia-gate is that liberals who are usually more skeptical of U.S. intelligence agencies, especially their evidence-free claims, now question the patriotism of Americans who insist that the intelligence community supply proof to support the dangerous claims about Russian ‘hacking” of Democratic emails especially when some  veteran U.S. government experts say the data would be easily available if the Russians indeed were guilty. One of those experts is William Binney, a former high-level National Security Agency intelligence official who, after his 2001 retirement, blew the whistle on the extraordinary breadth of NSA surveillance programs. His outspoken criticism of the NSA during the George W. Bush administration made him the subject of FBI investigations that included a raid on his home in 2007. Even before Edward Snowden’s NSA whistleblowing, Binney publicly revealed that NSA had access to telecommunications companies’ domestic and international billing records, and that since 9/11 the agency has intercepted some 15 trillion to 20 trillion communications. Snowden has said: “I have tremendous respect for Binney, who did everything he could according to the rules.”

I spoke to Binney on Dec. 28 about Russia-gate and a host of topics having to do with spying and America’s expanding national security state.

Bernstein: Your expertise was in the Soviet Union and so you must know a lot about bugging.  Do you believe that Russia hacked and undermined our last election?  Can Trump thank Russia for the result? Binney:  We at Veteran Intelligence Professionals for Sanity (VIPS) published an article on this in July.  First of all, if any of the data went anywhere across the fiber optic world, the NSA would know.  Just inside the United States, the NSA has over a hundred tap points on the fiber lines, taking in everything.    Mark Klein exposed some of this at the AT&T facility in San Francisco. This is not for foreigners, by the way, this is for targeting US citizens.  If they wanted only foreigners, all they would have to do was look at the transatlantic cables where they surface on the coast of the United States.  But they are not there, they are distributed among the US population. Bernstein: So if, in fact, the Russians were tapping into DNC headquarters, the NSA would absolutely know about it. Binney: Yes, and they would also have trace routes on where they went specifically, in Russia or anywhere else.  If you remember, about three or four years ago, the Chinese hacked into somewhere in the United States and our government came out and confirmed that it was the Chinese who did it, and it came from a specific military facility in Shanghai.  The NSA had these trace route programs embedded by the hundreds across the US and all around the world.