Group items tagged

"Michael Hayden, the former CIA and NSA director, has revealed what most people already suspected -- to him, the Constitution is a document that he can rewrite based on his personal beliefs at any particular time, as noted by Conor Friedersdorf at the Atlantic. Specifically, he admits that after September 11th, 2001, he was able to totally reinterpret the 4th Amendment to mean something entirely different: In a speech at Washington and Lee University, Michael Hayden, a former head of both the CIA and NSA, opined on signals intelligence under the Constitution, arguing that what the 4th Amendment forbids changed after September 11, 2001. He noted that "unreasonable search and seizure," is prohibited under the Constitution, but cast it as a living document, with "reasonableness" determined by "the totality of circumstances in which we find ourselves in history." He explained that as the NSA's leader, tactics he found unreasonable on September 10, 2001 struck him as reasonable the next day, after roughly 3,000 were killed. "I actually started to do different things," he said. "And I didn't need to ask 'mother, may I' from the Congress or the president or anyone else. It was within my charter, but in terms of the mature judgment about what's reasonable and what's not reasonable, the death of 3,000 countrymen kind of took me in a direction over here, perfectly within my authority, but a different place than the one in which I was located before the attacks took place. So if we're going to draw this line I think we have to understand that it's kind of a movable feast here." While it's true that the 4th Amendment does ban "unreasonable search and seizure," it seems like quite an interpretation to argue that "reasonableness" depends on what some third party does to us. That seems morally dangerous -- and it seems like a direct admission to terrorists that if they want to eviscerate the rights of Americans, they just need to keep on attacking, because folks like Hayden will

Let's see, the entire U.S. military has been forbidden from reading The Guardian because the documents Edward Snowden leaked are still classified. But a former NSA chief can confirm their accuracy on CNN?  Surely, even as I write a grand jury is busy indicting him on Espionage Act charges? No? Smells like hypocrisy to me. 

The U.N. report, as expected, does not accuse either side of the sarin gas attack. But a further sign of a U.S. foreign policy change from former CIA head Michael Hayden, who says he's leaning toward an Assad victory as the best outcome of the Syrian War.

Glenn Greenwald socks it to what passes for mainstream media and their role in beguiling American citizens in regard to the NSA scandal. 

I wonder if he was just shooting from the hip, or if not, whether his analysis ignored some important factors, e.g., -- Qualitative factors, e.g., is he talking about run-of-the-mill terrorists or tech-savvy "terrorists." One might reasonably suspect that the tech-savvy would avoid Gmail like the plague particularly since Edward Snowden's disclosures began to appear. -- Likewise, are the NSA's foreign language Email scanning abilities as good as their English scanning abilities? One might reasonably suspect that the tech-savvy "terrorists" communicate using fairly obscure foreign human languages that NSA's scanners do less than a good job of comprehending. Remember the "Wind Talkers" of World War II who communicated using the Navajo language, a "code" the Japanese never decoded.  -- There's also the selection factor. We now know that NSA gets daily doses of email metadata from Google and Yahoo! but hasn't yet set up similar listening posts for most email services on the globe. Are we to believe that the availability of the metadata  for the big two email services has no effect on detection of "terrorist" emails? I doubt that NSA would be fighting so hard to keep PRISM were that true.

Seymour M. Hersh is among the most highly regarded journalists in the world. Mainstream media used to compete for the rights to publish his articles. But apparently he's been digging a little to deeply in the belly of the beast lately. See his latest article that the White House is denying. http://www.lrb.co.uk/2014/04/06/seymour-m-hersh/the-red-line-and-the-rat-line

Two psychopaths in desperate need of heavy medication in the confinement to a locked mental ward.  Real sickos. 

Don't look for the American Muslim community to let go of this one anytime soon. They know they've been profiled since 9-11 but finally have proof.

Former NSA officials publish an open memorandum to Obama, seeking a meeting with him to explain how the NSA is drowning in data that it cannot effectively process, how more than $1 billion was wasted on a never-completed system to process it, and how a $3 million system that could and did process it effectively was shot down by former NSA Director Michael Hayden so he could award the contract for the much more expensive version to his buddies. And much, much more

Greenwald asks a very good question about the U.S. government accusing the Chinese government of cyber-espionage and the government's finding that Chinese-manufactured ware pose a security risk. Was that intended to drive people to purchase hardware that comes equipped with NSA backdoors? The flip side, of course, is whether the world should be beating feet to purchase their hardware from the Chinese in order to escape the NSA backdoors. Then there is the question of how those backdoors might have made their way into the hardware devices without the acquiescence of their manufacturers, who surely would have realized that their businesses might take enormous financial hits if knowledge of the backdoors became public? Bribing key staff? The manufacturers named in the Der Spiegel article surely are going to face some hard questions and they may face some very unhappy shareholders if their stock prices take a dive. It would be fun to see a shareholder's derivative class action against one of these companies for having acquiesced to NSA implantation of backdoors, leading to the disclosure and the fall in stock price. Caption the case as Wall Street, Inc. v. National Security Agency, dba Seagate Technology, PLC, then watch the feathers and blood fly.  "Seagate is the company the world trusts to store our lives - our files and photos, our libraries and histories, our science and progress."   Yes, and your stockholders trusted you not to endanger their investment by adding NSA backdoors in your products.

"We kill people based on metadata." Trial by Metadata replaces Trial by Jury? 

Note particularly the mention that the FISA Court decision to throw the doors open for government snooping was based on "pen register, trap and trace" law. As suspected, now we are into territory dealt with by the Supreme Court in the pre-internet days of 1979 In Smith v. Maryland, 442 U.S. 735 (1979), More about that next, in a bookmark also tagged with "pen-register".

Excerpts from the White House's condemnation of Russia send humanitarian aid to Luhansk, Ukraine.  The quoted statement about Russia having no right to send vehicles, persons, or cargo of any kind including humanitarian aid supplies into Ukraine without the express permission of the government of Ukraine is especially comedic. Make that U.S. sending weapons into Syria and training armed mercenaries to invade Syria without the Syrian government's approval and you get an idea of the double standard the U.S. wields.   

Remarkable interview. Snowden finally gets asked some questions about politics. 

If I recall correctly, Gen. Alexander is due to retire at the end of February. 

Movement on the NSA. Obama hints that the NSA's section 215 metadata collection will end, fesses up that Snowden has been criminally indicted, but declines to discuss whether Snowden might be pardoned in exchange for turning over his NSA document collection, notably not ruling it out. And finally, two of the giant telcos, AT&T and Verizon, have announced intent to do semi-annual public reports on their collaboration with government spy agencies. Amazing what a federal court decision can do, particularly when immediately followed by the president's own blue-ribbon panel report, both holding that the section 215 program has resulted in no terrorist attacks being prevented and that the program in unconstitutional. Obama finally reaches his tipping point. A good week for civil libertarians.