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Paul Merrell

Exclusive: U.S. may use secrets act to stop suit against Iran sanctions group | Reuters - 0 views

www.reuters.com/...ets-iran-idUSKBN0GS2DZ20140829

surveillance-state Restis UANI Mossad Germany-FIS state-secrets DoJ

shared by Paul Merrell on 13 Sep 14 - No Cached
  • (Reuters) - The U.S. government is considering using a powerful national security law to halt a private lawsuit against a non-profit group, United Against A Nuclear Iran, according to a source familiar with the case. Greek businessman and ship owner Victor Restis last year sued UANI for defamation after the New York-based group, whose advisors include former intelligence officials from the United States, Europe and Israel, accused him of violating sanctions on Iran by exporting oil from the country.Earlier this year, U.S. government lawyers declared their interest in the lawsuit, warning that information related to UANI could jeopardize law enforcement activities.An intervention by the government in a private civil lawsuit is rare, and its use of a privilege under state secrets statutes to clamp down on the case would be a highly unusual move. Other cases where the government has invoked the privilege include lawsuits filed against the National Security Agency in the wake of leaks to journalists by former NSA contractor Edward Snowden.
  • Restis' lawyer, Abbe Lowell, also declined to comment, but pointed to court filings in which he argued that the state secrets privilege could not be used without the government first explaining the true nature of its relationship to UANI.Restis denies doing illegal business with Iran. As part of the lawsuit, his lawyers have demanded that UANI produce whatever evidence it had that Restis was violating the sanctions and explain where it came from.Iran denies Western accusations that it has been seeking the capability to assemble nuclear weapons. Diplomatic talks between Iran and the United States, France, Russia, Britain, China and Germany are expected to resume in September, with the aim of reaching a settlement by Nov. 24 that would scale back Iran's nuclear program in exchange for lifting sanctions. An effort by government lawyers to mediate a settlement between UANI and Restis appears to have failed, the source said.
  • UANI advocates economic pressure on Iran to keep the country from building a nuclear arsenal. One of the group's tactics is to name and shame companies and people who do business in Iran.UANI has a small budget. It spent $1.5 million in 2013, according to its tax filings. The group, however, uses sources such as commercially sold satellite imagery for its campaigns.Among its advisory board members are Meir Dagan, the former director of the Israeli intelligence agency Mossad, and August Hanning, the former director of Germany's Federal Intelligence Service.Its chief executive, Mark Wallace, is also the CEO of Tigris Financial Group, an investment company backed by the billionaire American gold investor Thomas Kaplan. Restis did not originally name Kaplan in the defamation lawsuit, but his lawyer is seeking to depose Kaplan as part of the proceedings.
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  • The government and lawyers for UANI have previously sought to delay evidence gathering in the case. UANI lawyers have told the court they could not produce certain documents requested by Restis because they would reveal U.S. government secrets.In March, a Justice Department lawyer wrote to U.S. District Judge Edgardo Ramos, who is presiding over the case in Manhattan, confirming the government's interest and requesting a temporary halt to proceedings while the government decided what to do. Ramos granted the stay, but ordered the government to explain why it wanted the material suppressed.In an April 9 letter, Assistant U.S. Attorney Michael Byars wrote that the material in question could be protected under a privilege designed to prevent the public release of law enforcement techniques, confidential sources, undercover operatives and active investigations. But if it invoked the powerful state secrets privilege, the government would be claiming the information would not only interfere with law enforcement efforts but also jeopardize national security.
  • The government has until Sept. 12 to decide whether to use the state secrets privilege.The privilege can be used to block the release of information in a lawsuit, but the government has also used it to force the dismissal of lawsuits. It is unclear whether the privilege would be applied only to certain information in the Restis case or whether it would cause the case to be closed completely.The case is Restis et al v. American Coalition Against Nuclear Iran Inc, (dba United Against A Nuclear Iran) et al, in U.S. District Court for the Southern District of New York, No. 13-05032.
  • Paul Merrell on 13 Sep 14
     
    More detail on the very interesting Restis case against UANI. The normal rule is that a privilege, once the privileged information is disclosed to one who is not entitled to the privilege, is deemed waived. So Restis' lawyer is correct in stating that the state secrets privilege cannot be used without the government explaining the true nature of its relationship to UANI, assuming the information was not stolen by UANI. The disclosure is new of UANI having former directors of Israeli and German intelligence services on its advisory board. This case looks like a cyst on the verge of rupturing and spewing forth a whole bunch of Dark Government pus.   
Paul Merrell

N.S.A. Report Outlined Goals for More Power - NYTimes.com - 0 views

www.nytimes.com/...ined-goals-for-more-power.html

surveillance state NSA NSA-ambitions

shared by Paul Merrell on 25 Nov 13 - No Cached
  • Officials at the National Security Agency, intent on maintaining its dominance in intelligence collection, pledged last year to push to expand its surveillance powers, according to a top-secret strategy document.
  • In a February 2012 paper laying out the four-year strategy for the N.S.A.’s signals intelligence operations, which include the agency’s eavesdropping and communications data collection around the world, agency officials set an objective to “aggressively pursue legal authorities and a policy framework mapped more fully to the information age.” Written as an agency mission statement with broad goals, the five-page document said that existing American laws were not adequate to meet the needs of the N.S.A. to conduct broad surveillance in what it cited as “the golden age of Sigint,” or signals intelligence. “The interpretation and guidelines for applying our authorities, and in some cases the authorities themselves, have not kept pace with the complexity of the technology and target environments, or the operational expectations levied on N.S.A.’s mission,” the document concluded. Using sweeping language, the paper also outlined some of the agency’s other ambitions. They included defeating the cybersecurity practices of adversaries in order to acquire the data the agency needs from “anyone, anytime, anywhere.” The agency also said it would try to decrypt or bypass codes that keep communications secret by influencing “the global commercial encryption market through commercial relationships,” human spies and intelligence partners in other countries. It also talked of the need to “revolutionize” analysis of its vast collections of data to “radically increase operational impact.”
  • The N.S.A. document, titled “Sigint Strategy 2012-2016,” does not make clear what legal or policy changes the agency might seek. The N.S.A.’s powers are determined variously by Congress, executive orders and the nation’s secret intelligence court, and its operations are governed by layers of regulations. While asserting that the agency’s “culture of compliance” would not be compromised, N.S.A. officials argued that they needed more flexibility, according to the paper. Senior intelligence officials, responding to questions about the document, said that the N.S.A. believed that legal impediments limited its ability to conduct surveillance of terrorism suspects inside the United States. Despite an overhaul of national security law in 2008, the officials said, if a terrorism suspect who is under surveillance overseas enters the United States, the agency has to stop monitoring him until it obtains a warrant from the Foreign Intelligence Surveillance Court. “N.S.A.’s Sigint strategy is designed to guide investments in future capabilities and close gaps in current capabilities,” the agency said in a statement. “In an ever-changing technology and telecommunications environment, N.S.A. tries to get in front of issues to better fulfill the foreign-intelligence requirements of the U.S. government.”
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  • Critics, including some congressional leaders, say that the role of N.S.A. surveillance in thwarting terrorist attacks — often cited by the agency to justify expanded powers — has been exaggerated. In response to the controversy about its activities after Mr. Snowden’s disclosures, agency officials claimed that the N.S.A.’s sweeping domestic surveillance programs had helped in 54 “terrorist-related activities.” But under growing scrutiny, congressional staff members and other critics say that the use of such figures by defenders of the agency has drastically overstated the value of the domestic surveillance programs in counterterrorism. Agency leaders believe that the N.S.A. has never enjoyed such a target-rich environment as it does now because of the global explosion of digital information — and they want to make certain that they can dominate “the Sigint battle space” in the future, the document said. To be “optimally effective,” the paper said, “legal, policy and process authorities must be as adaptive and dynamic as the technological and operational advances we seek to exploit.” Intent on unlocking the secrets of adversaries, the paper underscores the agency’s long-term goal of being able to collect virtually everything available in the digital world. To achieve that objective, the paper suggests that the N.S.A. plans to gain greater access, in a variety of ways, to the infrastructure of the world’s telecommunications networks.
  • Yet the paper also shows how the agency believes it can influence and shape trends in high-tech industries in other ways to suit its needs. One of the agency’s goals is to “continue to invest in the industrial base and drive the state of the art for high performance computing to maintain pre-eminent cryptanalytic capability for the nation.” The paper added that the N.S.A. must seek to “identify new access, collection and exploitation methods by leveraging global business trends in data and communications services.” And it wants to find ways to combine all of its technical tools to enhance its surveillance powers. The N.S.A. will seek to integrate its “capabilities to reach previously inaccessible targets in support of exploitation, cyberdefense and cyberoperations,” the paper stated. The agency also intends to improve its access to encrypted communications used by individuals, businesses and foreign governments, the strategy document said. The N.S.A. has already had some success in defeating encryption, The New York Times has reported, but the document makes it clear that countering “ubiquitous, strong, commercial network encryption” is a top priority. The agency plans to fight back against the rise of encryption through relationships with companies that develop encryption tools and through espionage operations. In other countries, the document said, the N.S.A. must also “counter indigenous cryptographic programs by targeting their industrial bases with all available Sigint and Humint” — human intelligence, meaning spies.
  • Above all, the strategy paper suggests the N.S.A.’s vast view of its mission: nothing less than to “dramatically increase mastery of the global network.” Other N.S.A. documents offer hints of how the agency is trying to do just that. One program, code-named Treasure Map, provides what a secret N.S.A. PowerPoint presentation describes as “a near real-time, interactive map of the global Internet.” According to the undated PowerPoint presentation, disclosed by Mr. Snowden, Treasure Map gives the N.S.A. “a 300,000 foot view of the Internet.”  Relying on Internet routing data, commercial and Sigint information, Treasure Map is a sophisticated tool, one that the PowerPoint presentation describes as a “massive Internet mapping, analysis and exploration engine.” It collects Wi-Fi network and geolocation data, and between 30 million and 50 million unique Internet provider addresses — code that can reveal the location and owner of a computer, mobile device or router — are represented each day on Treasure Map, according to the document. It boasts that the program can map “any device, anywhere, all the time.”  The documents include addresses labeled as based in the “U.S.,” and because so much Internet traffic flows through the United States, it would be difficult to map much of the world without capturing such addresses.
  • The program takes advantage of the capabilities of other secret N.S.A. programs. To support Treasure Map, for example, the document states that another program, called Packaged Goods, tracks the “traceroutes” through which data flows around the Internet. Through Packaged Goods, the N.S.A. has gained access to “13 covered servers in unwitting data centers around the globe,” according to the PowerPoint. The document identifies a list of countries where the data centers are located, including Germany, Poland, Denmark, South Africa and Taiwan as well as Russia, China and Singapore.
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