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Paul Merrell

Republican Party Calls For End To NSA Domestic Phone Records Program | TIME.com - 0 views

  • In the latest indication of a growing libertarian wing of the GOP, the Republican National Committee passed a resolution Friday calling for an investigation into the “gross infringement” of Americans’ rights by National Security Agency programs that were revealed by Edward Snowden. The resolution also calls on on Republican members of Congress to enact amendments to the Section 215 law that currently allows the spy agency to collect records of almost every domestic telephone call. The amendment should make clear that “blanket surveillance of the Internet activity, phone records and correspondence — electronic, physical, and otherwise — of any person residing in the U.S. is prohibited by law and that violations can be reviewed in adversarial proceedings before a public court,” the resolution reads.
  • The measure, the “Resolution to Renounce the National Security Agency’s Surveillance Program,” passed by an “overwhelming majority” by voice vote, along with resolutions calling for the repeal of the Foreign Account Tax Compliance Act and reaffirming the party’s pro-life stance, according to Reince Priebus, the RNC chairman. Among other points, the resolution declares “the mass collection and retention of personal data is in itself contrary to the right of privacy protected by the Fourth Amendment of the United States Constitution,” a claim embraced by civil libertarians of both parties. The revelation of the NSA programs has caused deepened a rift within the Republican Party between national security hawks and libertarians, but at the meeting, no RNC member rose to speak against the resolution.
  • WHEREAS, the mass collection and retention of personal data is in itself contrary to the right of privacy protected by the Fourth Amendment of the United States Constitution, which guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, that warrants shall issue only upon probable cause, and generally prevents the American government from issuing modern-day writs of assistance; WHEREAS, unwarranted government surveillance is an intrusion on basic human rights that threatens the very foundations of a democratic society and this program represents a gross infringement of the freedom of association and the right to privacy and goes far beyond even the permissive limits set by the Patriot Act; and WHEREAS, Republican House Representative Jim Sensenbrenner, an author of the Patriot Act and Chairman of the House Judiciary Committee at the time of Section 215′s passage, called the Section 215 surveillance program “an abuse of that law,” writing that, “based on the scope of the released order, both the administration and the FISA (Foreign Intelligence Surveillance Act) court are relying on an unbounded interpretation of the act that Congress never intended,” therefore be it
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  • The full text of the resolution as given to TIME follows below: Resolution to Renounce the National Security Agency’s Surveillance Program WHEREAS, the secret surveillance program called PRISM targets, among other things, the surveillance of U.S. citizens on a vast scale and monitors searching habits of virtually every American on the internet; WHEREAS, this dragnet program is, as far as we know, the largest surveillance effort ever launched by a democratic government against its own citizens, consisting of the mass acquisition of Americans’ call details encompassing all wireless and landline subscribers of the country’s three largest phone companies; WHEREAS, every time an American citizen makes a phone call, the NSA gets a record of the location, the number called, the time of the call and the length of the conversation, all of which are an invasion into the personal lives of American citizens that violates the right of free speech and association afforded by the First Amendment of the United States Constitution;
  • RESOLVED, the Republican National Committee encourages Republican lawmakers to enact legislation to amend Section 215 of the USA Patriot Act, the state secrets privilege, and the FISA Amendments Act to make it clear that blanket surveillance of the Internet activity, phone records and correspondence — electronic, physical, and otherwise — of any person residing in the U.S. is prohibited by law and that violations can be reviewed in adversarial proceedings before a public court; RESOLVED, the Republican National Committee encourages Republican lawmakers to call for a special committee to investigate, report, and reveal to the public the extent of this domestic spying and the committee should create specific recommendations for legal and regulatory reform ot end unconstitutional surveillance as well as hold accountable those public officials who are found to be responsible for this unconstitutional surveillance; and
  • RESOLVED, the Republican National Committee encourages Republican lawmakers to immediately take action to halt current unconstitutional surveillance programs and provide a full public accounting of the NSA’s data collection programs.
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    That's more like it! Notice that the call is for a "special committee to investigate," etc., not the House Intelligence Committee chaired by Mike Rogers.  Note also the call for heads to roll.
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    Something messed up in the quoting of the resolution. Please go to the linked web site for the resolution's full text.
Paul Merrell

Attention fliers: Canada's electronic spy agency is following you - new Snowden leaks -... - 0 views

  • Documents released by US whistleblower Edward Snowden show the Communications Security Establishment Canada (CSEC) used airport Wi-Fi to track passengers from around the world. Travelers passing through a major Canadian airport were potentially caught up in a vast electronic surveillance net, which allowed the nation’s electronic spy agency to track the wireless devices of thousands of airline passengers - even for days after they had departed the terminal, a document obtained by CBC News revealed. The document shows the spy agency was then able to track travelers for a week or more as the unwitting passengers, together with their wireless devices, visited other Wi-Fi "hot spots" in locations across Canada, and across the border at American airports.
  • After reviewing details of the leaked information, one of Canada's leading authorities on internet security says the secret operation was almost certainly illegal. "I can't see any circumstance in which this would not be unlawful, under current Canadian law, under our Charter, under CSEC's mandates," Professor Ronald Deibert, an internet security expert at the University of Toronto, told CBC News. It remains unclear from the leaked data how CSEC was able to infiltrate so many wireless devices to see who was using them, both on Canadian territory and beyond.
  • The CSEC is specifically tasked with gathering foreign intelligence by intercepting overseas phone and internet traffic, and is forbidden by law from collecting information on Canadians - or foreigners in Canada - without a court warrant. As CSEC Chief John Forster recently stated: "I can tell you that we do not target Canadians at home or abroad in our foreign intelligence activities, nor do we target anyone in Canada. "In fact, it's prohibited by law. Protecting the privacy of Canadians is our most important principle." However analysts who were privy to the document say that airline passengers in a Canadian airport were clearly on the territory of Canada. CSEC spokesperson Lauri Sullivan told the Star, an online Canadian news outlet, that the “classified document in question is a technical presentation between specialists exploring mathematical models built on everyday scenarios to identify and locate foreign terrorist threats.”
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  • Early assessment of the leaked information indicates the passenger tracking operation was a trial run of a powerful new software program CSEC was developing with help from its American partner, the National Security Agency. The technology was to be shared with the so-called 'Five Eyes' surveillance bloc composed of Canada, the United States, Britain, New Zealand and Australia. In the document, CSEC described the new spy technology as "game-changing," saying it could be used for powerful surveillance on "any target that makes occasional forays into other cities/regions." Sources told CBC News the “technologies tested on Canadians in 2012 have since become fully operational.”
  • Ontario's privacy commissioner Ann Cavoukian admitted she is "blown away" by news of the secret operation. "It is really unbelievable that CSEC would engage in that kind of surveillance of Canadians," Cavoukian told the Canadian news agency. "This resembles the activities of a totalitarian state, not a free and open society."
Paul Merrell

White House defends 'Cuban Twitter' to stir unrest - Yahoo News - 0 views

  • The Obama administration defended its creation of a Twitter-like Cuban communications network to undermine the communist government, declaring the secret program was "invested and debated" by Congress and wasn't a covert operation that required White House approval.
  • But two senior Democrats on congressional intelligence and judiciary committees said Thursday they had known nothing about the effort, which one of them described as "dumb, dumb, dumb." A showdown with that senator's panel is expected next week, and the Republican chairman of a House oversight subcommittee said that it, too, would look into the program.An Associated Press investigation found that the network was built with secret shell companies and financed through a foreign bank. The project, which lasted more than two years and drew tens of thousands of subscribers, sought to evade Cuba's stranglehold on the Internet with a primitive social media platform.First, the network was to build a Cuban audience, mostly young people. Then, the plan was to push them toward dissent.
  • Yet its users were neither aware it was created by a U.S. agency with ties to the State Department, nor that American contractors were gathering personal data about them, in the hope that the information might be used someday for political purposes.It is unclear whether the scheme was legal under U.S. law, which requires written authorization of covert action by the president as well as congressional notification. White House spokesman Jay Carney said he was not aware of individuals in the White House who had known about the program.
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  • USAID's top official, Rajiv Shah, is scheduled to testify on Tuesday before the Senate Appropriations State Department and Foreign Operations Subcommittee, on the agency's budget. The subcommittee's chairman, Patrick Leahy, a Democrat, is the senator who called the project "dumb, dumb, dumb" during an appearance Thursday on MSNBC.The administration said early Thursday that it had disclosed the initiative to Congress — Carney said the program had been "debated in Congress" — but hours later the narrative had shifted to say that the administration had offered to discuss funding for it with the congressional committees that approve federal programs and budgets."We also offered to brief our appropriators and our authorizers," said State Department spokeswoman Marie Harf. She added that she was hearing on Capitol Hill that many people support these kinds of democracy promotion programs. And some lawmakers did speak up on that subject. But by late Thursday no members of Congress had acknowledged being aware of the Cuban Twitter program earlier than this week.
  • Harf described the program as "discreet" but said it was in no way classified or covert. Harf also said the project, dubbed ZunZuneo, did not rise to a level that required the secretary of state to be notified. Neither former Secretary of State Hillary Rodham Clinton nor John Kerry, the current occupant of the office, was aware of ZunZuneo, she said.In his prior position as chairman of the Senate Foreign Relations Committee, Kerry had asked congressional investigators to examine whether or not U.S. democracy promotion programs in Cuba were operated according to U.S. laws, among other issues. The resulting report, released by the Government Accountability Office in January 2013, does not examine whether or not the programs were covert. It does not say that any U.S. laws were broken.The GAO report does not specifically refer to ZunZuneo, but does note that USAID programs included "support for the development of independent social networking platforms."
  • "I know they said we were notified," Leahy told AP. "We were notified in the most oblique way, that nobody could understand it. I'm going to ask two basic questions: Why weren't we specifically told about this if you're asking us for money? And secondly, whose bright idea was this anyway?"The Republican chairman of a House oversight subcommittee said his panel will be looking into the project, too."That is not what USAID should be doing," said Rep. Jason Chaffetz, the Republican chairman of the House Oversight and Government Reform National Security Subcommittee. "USAID is flying the American flag and should be recognized around the globe as an honest broker of doing good. If they start participating in covert, subversive activities, the credibility of the United States is diminished."
  • At minimum, details uncovered by the AP appear to muddy the USAID's longstanding claims that it does not conduct covert actions, and the details could undermine the agency's mission to deliver aid to the world's poor and vulnerable — an effort that requires the trust and cooperation of foreign governments.Leahy and Rep. C.A. Dutch Ruppersberger, the top Democrat on the House Intelligence Committee, said they were unaware of ZunZuneo.
  • USAID and its contractors went to extensive lengths to conceal Washington's ties to the project, according to interviews and documents obtained by the AP. They set up front companies in Spain and the Cayman Islands to hide the money trail, and recruited CEOs without telling them they would be working on a U.S. taxpayer-funded project."There will be absolutely no mention of United States government involvement," according to a 2010 memo from Mobile Accord Inc., one of the project's creators. "This is absolutely crucial for the long-term success of the service and to ensure the success of the Mission."ZunZuneo was publicly launched shortly after the 2009 arrest in Cuba of American contractor Alan Gross. He was imprisoned after traveling repeatedly to the country on a separate, clandestine USAID mission to expand Internet access using sensitive technology that only governments use.The AP obtained more than 1,000 pages of documents about the ZunZuneo project's development. It independently verified the project's scope and details in the documents through publicly available databases, government sources and interviews with those involved.
  • The social media project began after Washington-based Creative Associates International obtained a half-million Cuban cellphone numbers. It was unclear to the AP how the numbers were obtained, although documents indicate they were done so illicitly from a key source inside the country's state-run provider. Project organizers used those numbers to start a subscriber base.ZunZuneo's organizers wanted the social network to grow slowly to avoid detection by the Cuban government. Eventually, documents and interviews reveal, they hoped the network would reach critical mass so that dissidents could organize "smart mobs" — mass gatherings called at a moment's notice — that could trigger political demonstrations, or "renegotiate the balance of power between the state and society."At a 2011 speech at George Washington University, Clinton said the U.S. helps people in "oppressive Internet environments get around filters." Noting Tunisia's role in the Arab Spring, she said people used technology to help "fuel a movement that led to revolutionary change."Suzanne Hall, then a State Department official working on Clinton's social media efforts, helped spearhead an attempt to get Twitter founder Jack Dorsey to take over the ZunZuneo project, documents indicate. Dorsey declined to comment.
  • The estimated $1.6 million spent on ZunZuneo was publicly earmarked for an unspecified project in Pakistan, public government data show, but those documents don't reveal where the funds were actually spent.ZunZuneo's organizers worked hard to create a network that looked like a legitimate business, including the creation of a companion website — and marketing campaign — so users could subscribe and send their own text messages to groups of their choice."Mock ad banners will give it the appearance of a commercial enterprise," one written proposal obtained by the AP said. Behind the scenes, ZunZuneo's computers were also storing and analyzing subscribers' messages and other demographic information, including gender, age, "receptiveness" and "political tendencies." USAID believed the demographics on dissent could help it target its other Cuba programs and "maximize our possibilities to extend our reach."
  • Executives set up a corporation in Spain and an operating company in the Cayman Islands — a well-known British offshore tax haven — to pay the company's bills so the "money trail will not trace back to America," a strategy memo said. Disclosure of that connection would have been a catastrophic blow, they concluded, because it would undermine the service's credibility with subscribers and get it shut down by the Cuban government.Similarly, subscribers' messages were funneled through two other countries — and never through American-based computer servers.Denver-based Mobile Accord considered at least a dozen candidates to head the European front company. One candidate, Francoise de Valera, told the AP she was told nothing about Cuba or U.S. involvement.
  • James Eberhard, Mobile Accord's CEO and a key player in the project's development, declined to comment. Creative Associates referred questions to USAID.For more than two years, ZunZuneo grew, reaching at least 40,000 subscribers. But documents reveal the team found evidence Cuban officials tried to trace the text messages and break into the ZunZuneo system. USAID told the AP that ZunZuneo stopped in September 2012 when a government grant ended.
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    More coming related to this story.
Paul Merrell

The ultimate goal of the NSA is total population control | Antony Loewenstein | Comment... - 0 views

  • William Binney is one of the highest-level whistleblowers to ever emerge from the NSA. He was a leading code-breaker against the Soviet Union during the Cold War but resigned soon after September 11, disgusted by Washington’s move towards mass surveillance.On 5 July he spoke at a conference in London organised by the Centre for Investigative Journalism and revealed the extent of the surveillance programs unleashed by the Bush and Obama administrations.
  • “At least 80% of fibre-optic cables globally go via the US”, Binney said. “This is no accident and allows the US to view all communication coming in. At least 80% of all audio calls, not just metadata, are recorded and stored in the US. The NSA lies about what it stores.”The NSA will soon be able to collect 966 exabytes a year, the total of internet traffic annually. Former Google head Eric Schmidt once argued that the entire amount of knowledge from the beginning of humankind until 2003 amount to only five exabytes.Binney, who featured in a 2012 short film by Oscar-nominated US film-maker Laura Poitras, described a future where surveillance is ubiquitous and government intrusion unlimited.“The ultimate goal of the NSA is total population control”, Binney said, “but I’m a little optimistic with some recent Supreme Court decisions, such as law enforcement mostly now needing a warrant before searching a smartphone.”
  • It shows that the NSA is not just pursuing terrorism, as it claims, but ordinary citizens going about their daily communications. “The NSA is mass-collecting on everyone”, Binney said, “and it’s said to be about terrorism but inside the US it has stopped zero attacks.”The lack of official oversight is one of Binney’s key concerns, particularly of the secret Foreign Intelligence Surveillance Court (Fisa), which is held out by NSA defenders as a sign of the surveillance scheme's constitutionality.“The Fisa court has only the government’s point of view”, he argued. “There are no other views for the judges to consider. There have been at least 15-20 trillion constitutional violations for US domestic audiences and you can double that globally.”
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  • He praised the revelations and bravery of former NSA contractor Edward Snowden and told me that he had indirect contact with a number of other NSA employees who felt disgusted with the agency’s work. They’re keen to speak out but fear retribution and exile, not unlike Snowden himself, who is likely to remain there for some time.
  • Binney recently told the German NSA inquiry committee that his former employer had a “totalitarian mentality” that was the "greatest threat" to US society since that country’s US Civil War in the 19th century. Despite this remarkable power, Binney still mocked the NSA’s failures, including missing this year’s Russian intervention in Ukraine and the Islamic State’s take-over of Iraq.The era of mass surveillance has gone from the fringes of public debate to the mainstream, where it belongs. The Pew Research Centre released a report this month, Digital Life in 2025, that predicted worsening state control and censorship, reduced public trust, and increased commercialisation of every aspect of web culture.It’s not just internet experts warning about the internet’s colonisation by state and corporate power. One of Europe’s leading web creators, Lena Thiele, presented her stunning series Netwars in London on the threat of cyber warfare. She showed how easy it is for governments and corporations to capture our personal information without us even realising.Thiele said that the US budget for cyber security was US$67 billion in 2013 and will double by 2016. Much of this money is wasted and doesn't protect online infrastructure. This fact doesn’t worry the multinationals making a killing from the gross exaggeration of fear that permeates the public domain.
  • Wikileaks understands this reality better than most. Founder Julian Assange and investigative editor Sarah Harrison both remain in legal limbo. I spent time with Assange in his current home at the Ecuadorian embassy in London last week, where he continues to work, release leaks, and fight various legal battles. He hopes to resolve his predicament soon.At the Centre for Investigative Journalism conference, Harrison stressed the importance of journalists who work with technologists to best report the NSA stories. “It’s no accident”, she said, “that some of the best stories on the NSA are in Germany, where there’s technical assistance from people like Jacob Appelbaum.” A core Wikileaks belief, she stressed, is releasing all documents in their entirety, something the group criticised the news site The Intercept for not doing on a recent story. “The full archive should always be published”, Harrison said.
  • With 8m documents on its website after years of leaking, the importance of publishing and maintaining source documents for the media, general public and court cases can’t be under-estimated. “I see Wikileaks as a library”, Assange said. “We’re the librarians who can’t say no.”With evidence that there could be a second NSA leaker, the time for more aggressive reporting is now. As Binney said: “I call people who are covering up NSA crimes traitors”.
Paul Merrell

'UK surveillance is worse than 1984' says UN privacy chief (Wired UK) - 0 views

  • The UN's newly appointed special rapporteur on privacy, Joseph Cannataci, has described digital surveillance in the UK as "worse" than anything imagined in George Orwell's totalitarian dystopia 1984.Speaking to the Guardian, Cannataci -- who doesn't own a Facebook account or use Twitter -- lambasted the oversight of British digital surveillance as "a rather bad joke at its citizens' expense".Warning against the steady erosion of privacy and increasing levels of government intrusion, he also drew sinister parallels with Orwell's vision of a mass-surveilled society, adding that today's reality was far worse than the fiction: "At least Winston [a character in Orwell's 1984] was able to go out in the countryside and go under a tree and expect there wouldn't be any screen, as it was called. Whereas today there are many parts of the English countryside where there are more cameras than George Orwell could ever have imagined."
  • Cannataci, who holds posts as a professor of technology of law at the University of Groningen, and as head of the department of Information Policy and Governance at the University of Malta, also called for a "Geneva convention-style law" for the internet. "Some people may not want to buy into it. But you know, if one takes the attitude that some countries will not play ball, then, for example, the chemical weapons agreement would never have come about."
  • As part of his new role -- which elevates digital privacy to the same level of importance as other human rights -- Cannataci has vowed to begin systematically reviewing government policies and the business models of large corporations, which he accuses of "very often taking the data that you never even knew they were taking". Although the privacy chief admits that his mandate is more than likely "impossible to achieve in the next three years", he stressed the importance of a "longer-term view" in an effort to help protect people's data and safeguard their digital rights.
Paul Merrell

Today is a great victory against GCHQ, the NSA and the surveillance state | Carly Nyst ... - 0 views

  • It is a rare thing to bring truth to bear on the most powerful and secretive arm of the state. Never before has the Investigatory Powers Tribunal – the British court tasked with reviewing complaints against the security services – ruled against the government. Not once have the spooks been taken to task for overstepping the lawful boundaries of their conduct. Not a single British spy has been held accountable for mass surveillance, unlawful spying or snooping on private emails and phone calls. Until today. Privacy International has spent the past 25 years fighting back against the ever-expanding British surveillance state. Together with our allies, we’ve resisted the snooper’s charter (multiple times), mandatory ID cards and the provision of passenger name records. Yet in June 2013 we were as shocked as everyone else to learn that GCHQ, in collaboration with the NSA, had acquired the capabilities to completely control, monitor, copy, read and analyse the world’s private communications. It was, until that point, unfathomable that the security services could have so audaciously stretched the boundaries of democratic legitimacy – and could have so severely violated the civil liberties and human rights of not only Britons, but of hundreds of millions of innocent people across the globe.
  • Thanks to Edward Snowden, we learned that GCHQ has access to emails and messages that the NSA siphons off directly and en masse from Google, Skype and Facebook. We discovered that the NSA collects 194m text messages and 5bn location records every day – and GCHQ can read them too. And, of course, we learned that GCHQ is operating a mass surveillance system that, combined with its access to the NSA’s own mass surveillance architecture, means it can read almost anyone’s communications, at any time, without judicial authorisation or any meaningful oversight. In July 2013, the Intelligence and Security Committee assured us that GCHQ access to NSA surveillance material, in particular through the Prism programme, was entirely lawful. Unsurprisingly, we did not find the reassurances of a body that has consistently and blindly backed the services that it is meant to scrutinise comforting.
  • That’s why we decided to take GCHQ to court. Alongside Liberty, Amnesty International and human rights organisations from around the world, we argued that mass surveillance is not an acceptable activity of a democratic government, and that the cosy dealings between GCHQ and the NSA, conducted under a veil of secrecy that was only lifted by a whistleblower’s bravery, had to be brought within public control and scrutiny. The evidence was overwhelming and the history of human rights law was in our favour, but the tribunal – which at that point had never before found that the surveillance activities of GCHQ broke the law – disagreed. Mass surveillance, it found in its decision of December 2014, was legitimate under British law. GCHQ’s access to NSA mass surveillance was also acceptable, it said, given that the government had disclosed details of its relationship with the US during the course of our case.
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  • The decision was a disappointing one, and we’ll soon appeal to the European court of human rights. But it left us with a small glimmer of hope. The tribunal said that it was lawful for GCHQ and the NSA to swap and share surveillance material only because GCHQ has secret internal policies that it reluctantly disclosed in response to Privacy International’s case. Now that those secret policies are no longer secret, the court reasoned, the British public know what’s going on, and that in itself must make those activities lawful. It must follow, therefore, that before those policies were public – prior to Edward Snowden’s disclosures, and our case in the IPT – GCHQ was acting outside the law. Complicated reasoning aside, this finding was a genuine – and rare – success. The tribunal agreed, and we today have a firm statement that the intelligence services were acting completely out of bounds. It is not the judgment we would have liked – that we still hope to get from the European court of human rights in Strasbourg later this year – but it is a significant victory against an arm of the state that has rarely been forced to account for its wrongdoings.
  • It is a vindication of Snowden, and all those who put their careers – and even their lives – on the line to ensure the truth was told. It is a huge encouragement to civil society organisations like Privacy International, which often spend years locked in David and Goliath battles, depleting their funds and their morale to perform the essential role of holding truth to power. In years to come we will look back on today as an essential victory against the surveillance state. Here at Privacy International, we humbly hope that perhaps we will also look back at this day as a turning of the tide; the day when the seemingly uncontrollable advancement of state intrusion into individuals’ lives was halted, and when internet users reclaimed some of the power in their fight for privacy, security and free expression.
Paul Merrell

US drug agency gets intel from NSA, then lies about its origins to build cases | Ars Te... - 0 views

  • On Monday, Reuters reported on previously undisclosed documents showing that a secret Drug Enforcement Administration (DEA) unit uses information collected by intelligence agencies—including the National Security Agency (NSA)—to build evidence for criminal cases. The true origin of this information is usually concealed from defense lawyers—and sometimes even prosecutors and judges—to seemingly do an end-run around the normal court procedures for a criminal defendant’s right to discovery.
  • “There’s nothing that allows lying to judges about the source of information in a criminal case,” Jennifer Granick, an attorney and the director of Civil Liberties at Stanford University’s Center for Internet and Society, told Ars. Similarly, others have already started to speak out against the practice. The American Civil Liberties Union (ACLU) issued a statement. "When law enforcement agents and prosecutors conceal the role of intelligence surveillance in criminal investigations, they violate the constitutional rights of the accused and insulate controversial intelligence programs from judicial review," wrote ACLU Deputy Legal Director Jameel Jaffer. "Effectively, these intelligence programs are placed beyond the reach of the Constitution, where they develop and expand without any court ever weighing in on their lawfulness. This is inappropriate, dangerous, and contrary to the rule of law."
Paul Merrell

The Daily Dot - Study suggests NSA can legally access majority of American phone data - 0 views

  • A new study published by the Center for Internet and Society (CIS) at Stanford Law School suggests that the methods the NSA uses to determine reasonable and articulable suspicion (RAS) of terrorist activity may authorize the agency to examine the call records of more American citizens than previously believed.
Gary Edwards

The Daily Bell - Catherine Austin Fitts on Moral Investing and the Coming Equity 'Crash... - 1 views

  • If you talk about legacy systems and then a breakaway civilization, the legacy systems were financed with debt and if the resources have basically been shifted out and over into "NewCo" then that's going to be an equity model. We're literally coming into what I consider to be a planetary debt for equity swap. So the question for all of us is how do we navigate the turn? When do you leave the bond market and when does the equity increase occur? We've seen North America equity markets rising and the emerging markets falling this year.
  • We're seeing a tremendous divergence in the economy in North America between those portions of the economy that are adapting new technology and growing and the rest of the economy.
  • The other thing I watch is what the divergence means to bond credits and to equity valuations. If you look at the indices you don't really see it. If you look inside the indices you see some enormous splits in quality and value going on.
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  • The slow burn is a world in which for most people income is flat or falling and expenses are steadily rising. It's a debasement scenario. And the reality is the central banks have been able to have a quite liberal monetary policy because we've been able to offset that with labor deflation. So by globalizing labor and instituting technology you have tremendous deflationary pressures, which offset very generous monetary policy.
  • Starting in the '90s a decision was made to move significant amounts of capital out of existing systems in  the developed world and literally trillions of dollars of financial fraud was engineered to do that. As a financial phenomenon it was quite clever and trillions have literally been moved out between the fraud and the bailouts. I think what the Fed has been doing with quantitative easing is running a shredding operation where they buy up the fraudulent mortgage securities paper and are shredding it.
  • If you look at the Treasury, they've run a very tight regulatory process where that money doesn't seep out on Main Street. It's quite phenomenal the way they've managed to control it. I think one of the big questions is where is that money going to go now? It certainly looks to me like a great effort is being made to make sure it goes into equities, sort of keeps the bond market afloat and goes into equities. So I look it as a very political move.
  • You can balance the budget with fiscal measures or you can balance the budget by the Fed just buying bonds and if you look at the Fed's balance sheet, I think they have a much greater capacity to buy bonds. If you look at all the money that was stolen, the breakaway civilization has plenty of money to buy bonds.
  • I would say so far the Fed's policies have worked for what they're intended to do. We've moved a tremendous amount of money out of the economy. We've now basically run through the statute of limitations or done whatever management needed to cut the cords so that what I call the legacy systems can't get the money back. So the financial coup d'état has been successful and now the cover-up is pretty much over and successful.
  • So now you have big decisions. You have two economies. Before this started what I call the legacy systems had $100 trillion of liabilities and $100 trillion of assets – now, I'm just pulling those numbers out of the air – and
  • the coup moved $40 trillion of assets over into NewCo
  • if you will. Now we've got the legacy systems trying to reconcile $60 trillion of assets to $100 trillion of liabilities and there is a long, drawn-out, grinding process by which some people will get 50 cents on the dollar, some people will get zero cents on the dollar, some people will get 100 cents on the dollar. It's just a very difficult, complex and tangled political scene as to how that's going to all happen. Meantime, NewCo, with $40 trillion dollars, is investing and going gangbusters. NewCo is enjoying an unprecedented boom, investing in lots of new technology and new frontiers, including space. So I think the next step is to manage the lowering of expectations in the legacy systems. That's basically what the administration and the Fed are going to be doing for the next couple years, is just gutting their way through retirees' disappointment.
  • There are three things
  • Number one, Obamacare was created to create a framework that would allow significant reduction of costs and benefits under Medicare over time and healthcare over time;
  • Well, the goal of Obamacare is to control.
  • number two, Obamacare was to provide much more control over both the medical establishment and the population at large;
  • and then, three, to do it in a way that will protect corporate profits.
  • in a relatively short period of time US Medicare expenses would be several multiplicities of the GNP.
  • It's clearly a system that makes no economic sense. It's not just that people are aging. If we eat food that has little nutrition and provide healthcare in which pharmaceutical companies are allowed to charge many multiples of what they charge in other countries you're going to get a financial train wreck, which is where we're headed.
  • So I think the goal was to reconcile that and do it in a way that favors corporations and control.
  • If you go around the entire financial ecosystem, they're getting hit within every line by the same pro-centralization policies that ultimately go up to the same people.
  • Do I think it will snuff out the recovery? No. I think it will simply destroy the economics for a whole world of people who were productive.
  • I don't think the banks are fragile. What happened was they were asked to do a job, they did it and now they've taken all the fraudulent paper and sold it to the Fed or torn it up because they had so much in federal credit arbitrage earnings during this period. So I don't think they're fragile.
  • So it certainly puts us in a position where the creditworthiness of a lot of sovereign debt depends on government military might and the ability to debase a variety of players.
  • There's been a lot of regulation to make it easy for Wall Street to control and make it difficult for small businesses to raise and circulate liquid equity. It's one of the areas in the economy where there really has been a very serious conspiracy.
  • if you want to go really fast and prototype and build out infrastructure, the best way to do it is to make capital available to early venture and start-ups.
  • we, as a society, have stopped the markets from working in the start-up and the small business space.
  • If you look at it across all the different tools, from fabrication technology to new composite materials to robotics to lasers, we're reaching a critical mass of the economic costs dropping and the speed of learning accelerating.
  • If you look back at the history of the US stock market you'll see two huge spikes, one in the '20s, one in the '90s, both when very profound new communication and information technology came out.
  • I think we're in danger of another tech bubble. If you look at who's interested in putting money in this and getting lots of prototypes, the last time they did this was in the '90s. They made a fortune on fraud and they used it not only to serve some fundamental economic purposes but they used it to drain out the pension funds and the retail investors.
  • securities convertible into store credits
  • Wall Street doesn't understand about crowdfunding, are the new alignments that are going to be created in terms of circulating knowledge and purchases and money between consumers and entrepreneurs and companies. It's going to create a whole new level of intimacy.
  • I recommend the documentary, "The Naked Brand." It gives a good sense of the worth of that intimacy and the change from a mass media model to much more intimate relationships
  • awakening of global consciousness.
  • in North America there is almost an astonishing lack of transparency about how government money works within the jurisdiction for which we vote for political representation.
  • So if you were going to have proper transparency in America you would have annual financial statements for your congressional district as well as for the whole country.
  • Now, the government has refused since 1995, as required by law, to produce annual financial statements let alone for the places in which you're voting for jurisdiction. And if you're going to have any kind of citizenry accountability or legislator accountability you have to have that kind of transparency and the government has gone to enormous lengths to prevent that kind of transparency while pretending that we're very transparent. So the Internet is going to make it more and more difficult for that absence of transparency to continue or be justified, and that's good.
  • if you have all your assets in the legacy economy and none in the growing economy you're going to suffer.
  • That's number one.
  • Number two, a lot of households have assets which represent liabilities of the legacy economy, whether Social Security, Medicare or others, and one of the things you have to understand is the politics – you need to not get trapped in the politics of stringing people out for those benefits. Do the best you can but don't get lost in the treadmill of trying to get promised benefits that may or may not come true. And to the extent that you can not get financially dependent on those benefits it would be very good.
  • The final thing is, of course, and readers know this if they're reading The Daily Bell, you're dealing in a system that includes a significant amount of corruption and fraud so you just need to be extremely careful about the quality of the people or the enterprises in which you invest or do business with and keep your assets fairly diversified in terms of both areas of the economy, or sectors, and places.
  • Take a look at different predictions that gold is going to increase significantly in value. All those predictions assume that the monetary inflation is going to spill into commodities. And what you're watching instead is the G-7 have been essentially building a corral that forces the horses to run out through the stock market. That's why I call it a crash-up.
  • I think one scenario we're looking at is the possibility of a crash-up scenario where that monetary increase is funneled into the equity markets. One of the most important questions there is, can you get the global population interested in investing in equities? Because the long bond market bull is coming to a close.
  • We have two choices. We can basically write down the debt and go through a huge crunch period or we can have a crash-up in the equity markets.
  • Right after 9/11 – and General Wesley Clark has said this and I experienced it in my tiny little community in Tennessee – we were basically given what the battle plan was going to be – the US military taking over Eurasia. First we were going to go to Afghanistan, then we were going to go to Iraq, then we were going to go to Libya, then we were going to go to Syria and then we're going to Iran. It was all laid out for us and we seem to be following that battle plan, albeit slower than predicted at that time.
  • If we're going to create a global financial system and a one-world currency, you need everybody in the central banking model. You have outliers. We seem to be bringing in all the outliers. As we do, we are trying to checkmate Russia and China within Eurasia, because I think control of Eurasia is essential for maintaining global empire.
  • what we're watching is an effort to bring everybody into a centrally controlled central banking model.
  •  
    Catherine is a frequent guest on CoastToCoastAM.com, so I've come to know her well.  Although this interview doesn't discuss her ability to see into the future, I know from experience that she is a real visionary hitting the mark at an astounding clip.  Chalk this interview up as a must read.
Paul Merrell

Senate Intelligence Committee Passes Bill That Codifies, Expands NSA Powers - 0 views

  • Just days after expressing outrage over reports of widespread surveillance of foreign leaders by the National Security Agency, Sen. Dianne Feinstein (D-Calif.) pushed through the Senate Intelligence Committee on an 11-4 vote a bill that enshrines the bulk collection of Americans' phone call records into law, and expands the agency's authority to track foreign nationals who enter the United States. The bill, passed on Thursday, is meant to respond to the revelations of leaker Edward Snowden. But critics immediately charged that it does little more than offer a fig leaf for the NSA's controversial surveillance operations.
  • In his statement, Udall disagreed. "The NSA's ongoing, invasive surveillance of Americans' private information does not respect our constitutional values and needs fundamental reform -- not incidental changes," Udall said. "Unfortunately, the bill passed by the Senate Intelligence Committee does not go far enough to address the NSA's overreaching domestic surveillance programs." Udall is a co-sponsor of a bill introduced earlier this week by Rep. James Sensenbrenner (R-Wisc.) and Sen. Patrick Leahy (D-Vt.) that would end the NSA's bulk collection of phone call records. The passage of Feinstein's bill sets up a confrontation with Leahy's Judiciary Committee over what version of NSA reform Congress will produce. "The Feinstein bill is terrible and would make things worse. I think the Leahy-Sensenbrenner bill begins to address some of the problems" with the NSA, said Jennifer Granick, director of civil liberties at the Stanford Center for Internet and Society. Neither bill, Granick said, addresses the NSA's infiltration of Yahoo and Google data centers worldwide, which could provide the agency a pathway to collecting Americans' communications.
  •  
    Wow! That was quick. The text of the bill wasn't even publicly available yesterday. Diane Feinstein is trying to railroad the NSA's wet dream through the Senate. Earlier in the week, she was calling for a lengthy investigation but suddenly flips sides again. NSA blackmail?
Paul Merrell

Syria: US Success Would Only Be the End of the Beginning | nsnbc international - 0 views

  • An October 7, 2015 hearing before the US Senate Committee on Armed Forces (SASC) titled, “Iranian Influence in Iraq and the Case of Camp Liberty,” served as a reaffirmation of America’s commitment to back the terrorist organization Mujahedeen e-Khalq (MEK) and specifically 2,400 members of the organization being harbored on a former US military base in Iraq.
  • Providing testimony was former US Senator Joseph I. Lieberman, former US Marine Corps Commandant and former Supreme Allied Commander Europe General James Jones, USMC (Ret.), and Colonel Wesley Martin, US Army (Ret.). All three witnesses made passionate pleas before a room full of nodding senators for America to continue backing not only MEK terrorists currently harbored on a former US military base in Iraq, but to back groups like MEK inside of Iran itself to threaten the very survival of the government in Tehran. In the opening remarks by Lieberman, he stated: It was not only right and just that we took them off the foreign terrorist organization list, but the truth is now that we ought to be supportive of them and others in opposition to the government in Iran more than we have been.
  • Lieberman would also state (emphasis added): Here’s my point Mr. Chairman, we ought to compartmentalize that agreement also, that nuclear agreement. We ought to put it over there, and not let it stop us from confronting what they’re doing in Syria. Continuing the sanctions for human rights violations in Iran in support of terrorism. And here’s the point I want to make about the National Council of Resistance of Iran and other democratic opposition groups that are Iranian – we ought to be supporting them.  This regime in Tehran is hopeless. It’s not going to change. There’s no evidence … every piece of evidence says the contrary. So I hope we can find a way, we used to do this not so long ago, supporting opposition groups in Iran. They deserve our support, and actually they would constitute a form of pressure on the government in Tehran that would unsettle them as much as anything else we could do because it would threaten the survival of the regime which from every objective indicator I can see is a very unpopular regime in Iran.  The United States, unrepentant regarding the arc of chaos, mass murder, terrorism, civilizational destruction it has created stretching from Libya to Syria, now seeks openly to extend it further into Iran using precisely the same tactics – the use of terrorist proxies – to dismantle and destroy Iranian society.
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  • MEK has carried out decades of brutal terrorist attacks, assassinations, and espionage against the Iranian government and its people, as well as targeting Americans including the attempted kidnapping of US Ambassador Douglas MacArthur II, the attempted assassination of USAF Brigadier General Harold Price, the successful assassination of Lieutenant Colonel Louis Lee Hawkins, the double assassinations of Colonel Paul Shaffer and Lieutenant Colonel Jack Turner, and the successful ambush and killing of American Rockwell International employees William Cottrell, Donald Smith, and Robert Krongard. Admissions to the deaths of the Rockwell International employees can be found within a report written by former US State Department and Department of Defense official Lincoln Bloomfield Jr. on behalf of the lobbying firm Akin Gump in an attempt to dismiss concerns over MEK’s violent past and how it connects to its current campaign of armed terror – a testament to the depths of depravity from which Washington and London lobbyists operate. To this day MEK terrorists have been carrying out attacks inside of Iran killing political opponents, attacking civilian targets, as well as carrying out the US-Israeli program of targeting and assassinating Iranian scientists. MEK terrorists are also suspected of handling patsies in recent false flag operations carried out in India, Georgia, and Thailand, which have been ham-handedly blamed on the Iranian government.
  • MEK is described by Council on Foreign Relations Senior Fellow Ray Takeyh as a “cult-like organization” with “totalitarian tendencies.” While Takeyh fails to expand on what he meant by “cult-like” and “totalitarian,” an interview with US State Department-run Radio Free Europe-Radio Liberty reported that a MEK Camp Ashraf escapee claimed the terrorist organization bans marriage, using radios, the Internet, and holds many members against their will with the threat of death if ever they are caught attempting to escape. Not once is any of this backstory mentioned in the testimony of any of the witnesses before the senate hearing, defiling the memories of those who have been murdered and otherwise victimized by this terrorist organization. The de-listing of MEK in 2012 as a foreign terrorist organization by the US State Department is another indictment of the utter lack of principles the US clearly hides behind rather than in any way upholds as a matter of executing foreign policy.
  • MEK has already afforded the US the ability to wage a low-intensity conflict with Iran. MEK’s role in doing so was eagerly discussed in 2009, several years before it was even de-listed as a terrorist organization by the US State Department in the Brooking Institution’s policy paper “Which Path to Persia? Options for a New American Strategy Toward Iran” (PDF). The report stated (emphasis added): Perhaps the most prominent (and certainly the most controversial) opposition group that has attracted attention as a potential U.S. proxy is the NCRI (National Council of Resistance of Iran), the political movement established by the MEK (Mujahedin-e Khalq). Critics believe the group to be undemocratic and unpopular, and indeed anti-American.
  • In contrast, the group’s champions contend that the movement’s long-standing opposition to the Iranian regime and record of successful attacks on and intelligence-gathering operations against the regime make it worthy of U.S. support. They also argue that the group is no longer anti-American and question the merit of earlier accusations. Raymond Tanter, one of the group’s supporters in the United States, contends that the MEK and the NCRI are allies for regime change in Tehran and also act as a useful proxy for gathering intelligence. The MEK’s greatest intelligence coup was the provision of intelligence in 2002 that led to the discovery of a secret site in Iran for enriching uranium.   Despite its defenders’ claims, the MEK remains on the U.S. government list of foreign terrorist organizations. In the 1970s, the group killed three U.S. officers and three civilian contractors in Iran. During the 1979-1980 hostage crisis, the group praised the decision to take America hostages and Elaine Sciolino reported that while group leaders publicly condemned the 9/11 attacks, within the group celebrations were widespread. Undeniably, the group has conducted terrorist attacks—often excused by the MEK’s advocates because they are directed against the Iranian government. For example, in 1981, the group bombed the headquarters of the Islamic Republic Party, which was then the clerical leadership’s main political organization, killing an estimated 70 senior officials. More recently, the group has claimed credit for over a dozen mortar attacks, assassinations, and other assaults on Iranian civilian and military targets between 1998 and 2001. At the very least, to work more closely with the group (at least in an overt manner), Washington would need to remove it from the list of foreign terrorist organizations.
  • Proof that Brookings’ policy paper was more than a mere theoretical exercise, in 2012 MEK would indeed be de-listed by the US State Department with support for the terrorist organization expanded. The fact that former senators and retired generals representing well-funded corporate think tanks even just this week are plotting to use MEK to overthrow the Iranian government should raise alarms that other criminality conspired within the pages of this policy paper may still well be in play. Lieberman himself suggests that proxy war and regime-change should proceed regardless of the so-called “nuclear deal” – with the 2009 Brookings report itself having stated that (emphasis added): …any military operation against Iran will likely be very unpopular around the world and require the proper international context—both to ensure the logistical support the operation would require and to minimize the blowback from it. The best way to minimize international opprobrium and maximize support (however, grudging or covert) is to strike only when there is a widespread conviction that the Iranians were given but then rejected a superb offer—one so good that only a regime determined to acquire nuclear weapons and acquire them for the wrong reasons would turn it down. Under those circumstances, the United States (or Israel) could portray its operations as taken in sorrow, not anger, and at least some in the international community would conclude that the Iranians “brought it on themselves” by refusing a very good deal.  Clearly, both Brookings in 2009, and Lieberman this week have conspired to use the so-called “Iranian Nuclear Deal” as cover for betrayal and regime change.
  • For those wondering why Russia has intervened in Syria in the matter that it has, it should be plainly obvious. The US has no intention to stop in Syria. With Iraq, Afghanistan, and Libya behind it, and Syria within its clutches, it is clear that Iran is next, and inevitably this global blitzkrieg will not stop until it reaches Moscow and Beijing. Even as the US adamantly denies the obvious – that is has intentionally created and is currently perpetuating Al Qaeda, the so-called “Islamic State,” and other terrorist groups in Syria, it is openly conspiring to use another army of terrorists against neighboring Iran, live before a US Senate hearing. Should the US succeed in Syria, it would not be the end of the conflict, but only the end of the beginning of a much wider world war.
Paul Merrell

Testosterone Pit - Home - NSA Spying Crushes US Tech Companies in Emerging Ma... - 0 views

  • Cisco CEO John Chambers had a euphemism for it during the first quarter earnings call: the “challenging political dynamics in that country,” that country being China. But then there was India and others, including Russia where NSA leaker Edward Snowden is holed up, and where sales crashed much worse than in China. It led Cisco to chop its guidance. Overall revenues, instead of rising, would drop 8% to 10%. Or, as Tal Liani, an analyst from Bank of America, pointed out during the call, by “11% sequentially,” the worst since January 2009 when “the world was about to collapse.” It was in between the lines everywhere, but never once did Chambers, or anyone else on his team, mouth the acronym NSA. It was off limits. And that’s exactly how another tech giant, IBM, had dealt with its own China revenue fiasco.
  • How fast has the collapse happened? Cisco had already been struggling in China a year ago, when business was “flat.” Chambers had explained at the time that China was “very important” to Cisco. “We have invested a lot of resources in innovation in China for the last 20 years, and our commitment to China has not changed in any way,” he’d said. But China is home to some of Cisco’s largest competitors, Huawei and ZTE – whose forays into the US have been blocked by Congress for security reasons. Cisco was feeling the heat from that imbroglio – but it thought that problem would go away in a couple of quarters. In Q4, ending July 31, after the Snowden revelations had been ricocheting around for months, the China business fell 6%. “China is a little bit unique to Cisco because of some of the issues going on, which you all are aware of,” he’d said during the earnings call on August 14, once again refusing the utter NSA. Three months later, due to “the challenging political dynamics in that country?” An 18% plunge. Business in India, the “highlight in Asia-Pacific,” as Chambers had called it three months ago, had been up a dizzying 19% during Q4. Three months later, a stunning reversal: down 18%.
  • A year ago, Brazil was a star: orders had jumped 24%! By Q4 this year, orders were flat. Then revelations pushed Brazil center-stage in the spying scandal, and it had an allergic reaction. The government is even trying to force Google and others to keep Brazilian data in local data centers, not spread around the world. It would require the reengineering of the internet. During that quarter, orders plunged 25%! And Russia, where Snowden is trying to find new footing? Already damaged from the revelations, business in Q4 had been “approximately flat.” But now it plummeted 30%, the worst of any major market in Cisco’s book.
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  • “I’ve never seen that fast a move in emerging markets,” Chambers said. His industry peers were seeing the same thing. “Most of my CEO counterparts can almost finish my sentences in terms of what’s occurring,” he said. He even mentioned IBM. It’s “an industry phenomenon.” The collapse in the emerging markets – “We believe that more than half the world’s GDP occurs there,” he said – was “very consistent across the board.” And that consistency is what he was fretting about. “We usually, unfortunately, see things a couple of quarters ahead of our peers. This time we were a little bit surprised.” In the top five emerging markets, the “softening” started in Q4, “when we said they went from 13% growth the quarter before to flat in Q4. The other 15 countries continued to grow in the low teens. This time, all of them came down, and so out of our top 10, it was pretty brutal on that.” The NSA’s reckless all-encompassing spying, and its hand-in-glove multi-billion-dollar collusion with US tech companies to accomplish it, is now wreaking havoc on these same tech companies. Revenues are getting crushed overseas. Emerging market governments and companies are looking at other options. Trust that has taken decades to build has evaporated. A study in early August estimated that the spying scandal would cost US tech companies $35 billion. Which might not even be enough for a down-payment: alone that 11% drop in Cisco’s stock today cost shareholders $16 billion. 
  • It’s not a temporary issue. New revelations bubble to the surface all the time to complete the picture of a seamless, borderless, nearly perfect surveillance society. One dimension: the NSA and British GCHQ secretly break into the “clouds” of US companies to syphon off user data on a large scale. Illegal in the US. But the cloud is worldwide. Read..... NSA Secretly Breaks Into The Cloud Of US Tech Companies, Siphons Off Data, Fouls Up Revenues Overseas And here is my whole series on the spreading NSA spying scandal and its implications.
Paul Merrell

GCHQ captured emails of journalists from top international media | UK news | The Guardian - 0 views

  • GCHQ’s bulk surveillance of electronic communications has scooped up emails to and from journalists working for some of the US and UK’s largest media organisations, analysis of documents released by whistleblower Edward Snowden reveals. Emails from the BBC, Reuters, the Guardian, the New York Times, Le Monde, the Sun, NBC and the Washington Post were saved by GCHQ and shared on the agency’s intranet as part of a test exercise by the signals intelligence agency. The disclosure comes as the British government faces intense pressure to protect the confidential communications of reporters, MPs and lawyers from snooping.
  • Senior editors and lawyers in the UK have called for the urgent introduction of a freedom of expression law amid growing concern over safeguards proposed by ministers to meet concerns over the police use of surveillance powers linked to the Regulation of Investigatory Powers Act 2000 (Ripa). More than 100 editors, including those from all the national newspapers, have signed a letter, coordinated by the Society of Editors and Press Gazette, to the UK prime minister, David Cameron, protesting at snooping on journalists’ communications. In the wake of terror attacks on the Charlie Hebdo offices and a Jewish grocer in Paris, Cameron has renewed calls for further bulk-surveillance powers, such as those which netted these journalistic communications.
  • The journalists’ communications were among 70,000 emails harvested in the space of less than 10 minutes on one day in November 2008 by one of GCHQ’s numerous taps on the fibre-optic cables that make up the backbone of the internet. The communications, which were sometimes simple mass-PR emails sent to dozens of journalists but also included correspondence between reporters and editors discussing stories, were retained by GCHQ and were available to all cleared staff on the agency intranet. There is nothing to indicate whether or not the journalists were intentionally targeted. The mails appeared to have been captured and stored as the output of a then-new tool being used to strip irrelevant data out of the agency’s tapping process. New evidence from other UK intelligence documents revealed by Snowden also shows that a GCHQ information security assessment listed “investigative journalists” as a threat in a hierarchy alongside terrorists or hackers.
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  • One restricted document intended for those in army intelligence warned that “journalists and reporters representing all types of news media represent a potential threat to security”. It continued: “Of specific concern are ‘investigative journalists’ who specialise in defence-related exposés either for profit or what they deem to be of the public interest. “All classes of journalists and reporters may try either a formal approach or an informal approach, possibly with off-duty personnel, in their attempts to gain official information to which they are not entitled.” It goes on to caution “such approaches pose a real threat”, and tells staff they must be “immediately reported” to the chain-of-command.
  • GCHQ’s bulk surveillance of electronic communications has scooped up emails to and from journalists working for some of the US and UK’s largest media organisations, analysis of documents released by whistleblower Edward Snowden reveals. Emails from the BBC, Reuters, the Guardian, the New York Times, Le Monde, the Sun, NBC and the Washington Post were saved by GCHQ and shared on the agency’s intranet as part of a test exercise by the signals intelligence agency. The disclosure comes as the British government faces intense pressure to protect the confidential communications of reporters, MPs and lawyers from snooping.
Gary Edwards

Great Privacy Essay: Fourth Amendment Doctrine in the Era of Total Surveillance | CIO - 0 views

  •  
    "'Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance' is a thought-provoking essay written by a Fordham University law professor about how the reasonable expectation test for privacy is failing to protect us. Add into our networked world the third-party doctrine and we have little protection against unreasonable searches and seizures."
  •  
    It doesn't detract substantially from the essay's central thesis, but an important part of the learned professor's heartfelt desires were delivered in a Supreme Court decision just decided, after the essay was published, Reilly v. California, http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf The Court held in relevant part: "We also reject the United States' final suggestion that officers should always be able to search a phone's call log, as they did in Wurie's case. The Government relies on Smithv. Maryland, 442 U. S. 735 (1979), which held that no warrant was required to use a pen register at telephone company premises to identify numbers dialed by a particular caller. The Court in that case, however, concluded that the use of a pen register was not a "search" at all under the Fourth Amendment. See id., at 745-746. There is no dispute here that the officers engaged in a search of Wurie's cell phone. Moreover, call logs typically contain more than just phone numbers; they include any identifying information that an individual might add, such as the label "my house" in Wurie's case." The effect there was to confine Smith v. Maryland, the foundation of the third-party doctrine, to its particular facts. In other words, the third-party doctrine is now confined to connected telephone numbers, the connect time, and the duration of the call. If any other metadata is gathered, such as location data, the third-party doctrine no longer applies. When you read the rest of the Reilly decision, you see a unanimous Supreme Court shooting down one government defense after another that have been used in the NSA's defense to mass telecommunications surveillance. But most interestingly, the Court unmistakably has laid the groundwork for a later decision drastically cutting back on digital surveillance without a search warrant based on particularized probable cause to believe that evidence of a specific crime has occurred and that the requested sear
Gary Edwards

Hating the Establishment Is Not the Same as Supporting Liberty | Foundation for Economi... - 1 views

  • You might point to the American Revolution as a contrary case. We tossed out the British monarchy and invented freedom! But think again. The war itself created a new establishment consisting of politicians, military generals, bond dealers, and influential landholders.
  • Twelve years after the Declaration of Independence, these groups got together and formed a new government that, in time, became as oppressive and restrictive — and in some ways, more so — as the one the revolutionaries overthrew. And this occurred despite the existence of classical liberal political norms and intellectual culture.
  • He has said nothing about dismantling power.
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  • Indeed, he is on record with his desire to radically expand the power of the state.
  • He wants surveillance, controls on the internet, religious tests for migration, war-like tariffs, industrial planning, and autocratic foreign-policy power. He’s praised police power and toyed with ideas such as internment and killings of political enemies. His entire governing philosophy boils down to arbitrary, free-wheeling authoritarianism.
  • As for Sanders, everything that is bad about the current establishment he promises to make worse with more programs, bureaucracy, taxes, controls, and government power in order to making life fair, just, and equitable. He speaks as if he’s never heard of the failed history of socialism and certainly hasn’t learned anything from it.
  • Establishments are as Machiavelli described: stable machines that keep competitors at bay but otherwise seek to make the system work for themselves.
  • They resist rampant populism that would lead to a pillaging of the nation that is serving them so well.
  • To understand Machiavelli, realize that his black beast was the cleric Savonarola, Florence’s quasi-dictator who led a mass movement of crazed pietists who pillaged and burned material possessions as a pathway to heaven. The Bonfire of the Vanities of 1487 was one result. This is exactly the kind of mania that establishments exist to keep at bay.
  • The main payout is the control of the state apparatus that outlives the establishment’s overthrow. It makes sense that the results will tend to be more ruthless, vengeful, and bloody than anything that came before.
  • The ideal is liberty, not the overthrow of existing elite structures as such.
  • The goal should be the tearing down of power itself and its replacement by simple human rights and a society that functions according to civilized standards.
  •  
    "But there's a problem. The state power we oppose is not identical to the establishment we reject. You can overthrow the establishment and still be left with a gigantic machinery of legalized exploitation. All the agencies, laws, regulations, and powers are still in place. And now you have a problem: someone else is in charge of the state itself. You might call it a new establishment. It could be even more wicked than the one you swept away. Indeed, it usually is. Maybe always. Anatomy of the Establishment What is an establishment? It is a network of large and cooperating interest groups that have developed a stable relationship with state power. It includes finance, organized labor, public bureaucrats, government contractors, big businesses with quid pro quo relationships with regulators and politicians, political families with a strong stake in the election process, intellectuals at state-friendly think tanks and universities, and so on."
Paul Merrell

United Nations: Whistleblowers Need Protection - 0 views

  • Daniel Kaye, the United Nations’ Special Rapporteur for Freedom of Expression, recently submitted a report to the General Assembly on the protection of whistleblowers and sources. The report highlights key elements of protections for whistleblowers, and is based in part on participation by 28 States as well as individuals and non-governmental organizations (NGOs). Among a host of best-practice protections featured in the report, the Special Rapporteur focuses particular attention on national security whistleblowers and sources, those whistleblowers who are often subject to criminal prosecution for exposing serious problems. Notably, the report recommended a public interest balancing test for disclosures in the national security field that could be used to claim protection from retaliation or as a defense when facing prosecution. This balancing test would promote disclosures where the public interest in the information outweighs any identifiable harm to a legitimate national security interest, and requires that the whistleblower disclose no more information than reasonably necessary to expose wrongdoing. A defense for blowing the whistle in the national security field would be a welcome one, as these whistleblowers often face prosecution under the Espionage Act, which could mean years of costly litigation for simply trying to expose practices that make us less secure. This balancing test is similar to one proposed last year by Yochai Benkler, a law professor and co-founder of the Berkman Center for Internet and Society, and supported by the Project On Government Oversight. The full report contains many best-practice recommendations that our Congress should consider to strengthen whistleblower protections domestically.
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