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Paul Merrell

First Unitarian Church of Los Angeles v. NSA | Electronic Frontier Foundation - 0 views

www.eff.org/...arian-church-los-angeles-v-nsa

surveillance state NSA NSA-blowback litigation 1st Amendment EFF

shared by Paul Merrell on 13 Jan 14 - No Cached
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • The case challenges the mass telephone records collection that was confirmed by the FISA Order that was published on June 5, 2013 and confirmed by the Director of National Intelligence (DNI) on June 6, 2013. The DNI confirmed that the collection was “broad in scope” and conducted under the “business records” provision of the Foreign Intelligence Surveillance Act, also known as section 215 of the Patriot Act and 50 U.S.C. section 1861. The facts have long been part of EFF’s Jewel v. NSA case. The case does not include section 702 programs, which includes the recently made public and called the PRISM program or the fiber optic splitter program that is included (along with the telephone records program) in the Jewel v. NSA case. 
  • ...5 more annotations...
  • Our goal is to highlight one of the most important ways that the government collection of telephone records is unconstitutional: it violates the First Amendment right of association. When the government gets access to the phone records of political and activist organizations and their members, it knows who is talking to whom, when, and for how long. This so-called “metadata,” especially when collected in bulk and aggregated, tracks the associations of these organizations. After all, if the government knows that you call the Unitarian Church or Calguns or People for the American Way or Students for Sensible Drug Policy regularly, it has a very good indication that you are a member and it certainly knows that you associate regularly. The law has long recognized that government access to associations can create a chilling effect—people are less likely to associate with organizations when they know the government is watching and when the government can track their associations. 
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • The First Amendment right of association is a well established doctrine that prevents the government “interfering with the right to peaceably assemble or prohibit the petition for a governmental redress of grievances.” The most famous case embracing it is a 1958 Supreme Court Case from the Civil Rights era called  NAACP v. Alabama. In that case the Supreme Court held that it would violate the First Amendment for the NAACP to have to turn over its membership lists in litigation. The right stems from the simple fact that the First Amendment protects the freedom to associate and express political views as a group. This constitutional protection is critical because, as the court noted “[e]ffective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association[.]” NAACP v. Alabama, 357 U.S. at 460. As another court noted: the Constitution protects freedom of association to encourage the “advancing ideas and airing grievances” Bates v. City of Little Rock, 361 U.S. 516, 522-23 (1960).
  • The collection and analysis of telephone records give the government a broad window into our associations. The First Amendment protects against this because, as the Supreme Court has recognized, “it may induce members to withdraw from the association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of their exposure.” NAACP v. Alabama, 357 U.S. at 462-63. See also Bates, 361 U.S. at 523; Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539 (1963).  Privacy in one’s associational ties is also closely linked to freedom of association: “Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.” NAACP v. Alabama, 357 U.S. at 462. 
  • The Supreme Court has made clear that infringements on freedom of association may survive constitutional scrutiny only when they “serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.” Roberts v. United States Jaycees, 468 U.S. 609, 623 (1984); see also NAACP v. Button, 371 U.S. at 341; Knox v. SEIU, Local 1000, 132 S. Ct. 2277, 2291 (2012)  Here, the wholesale collection of telephone records of millions of innocent Americans’ communications records, and thereby collection of their associations, is massively overbroad, regardless of the government’s interest. Thus, the NSA spying program fails under the basic First Amendment tests that have been in place for over fifty years.
  • Paul Merrell on 13 Jan 14
     
    This case is related to EFF's earlier pending case, Jewel v. NSA and has been assigned to Judge Whyte, the same judge who ruled earlier in Jewel that the State Secrets Privilege does not apply to NSA's call metadata "haystack." The plaintiffs are 22 different groups who would make strange bedfellows indeed, except in opposition to government surveillance and repression. 
Paul Merrell

UNSEALED: The US Sought Permission To Change The Historical Record Of A Public Court Pr... - 0 views

www.eff.org/...record-public-court-proceeding

surveillance state NSA-reform litigation Jewel

shared by Paul Merrell on 08 Aug 14 - No Cached
  • A few weeks ago we fought a battle for transparency in our flagship NSA spying case, Jewel v. NSA. But, ironically, we weren't able to tell you anything about it until now. On June 6, the court held a long hearing in Jewel in a crowded, open courtroom, widely covered by the press. We were even on the local TV news on two stations. At the end, the Judge ordered both sides to request a transcript since he ordered us to do additional briefing. But when it was over, the government secretly, and surprisingly sought permission to “remove” classified information from the transcript, and even indicated that it wanted to do so secretly, so the public could never even know that they had done so. We rightly considered this an outrageous request and vigorously opposed it. The public has a First Amendment right not only to attend the hearing but to have an accurate transcript of it. Moreover, the federal law governing court reporting requires that “each session of the court” be “recorded verbatim” and that the transcript be certified by the court reporter as “a correct statement of the testimony taken and the proceedings had.” 28 U.S.C. § 753(b).
  • The Court allowed the government a first look at the transcript and indicated that it was going to hold the government to a very high standard and would not allow the government to manufacture a misleading transcript by hiding the fact of any redactions. Ultimately, the government said that it had *not* revealed classified information at the hearing and removed its request. But the incident speaks volumes about the dangers of allowing the government free rein to claim secrecy in court proceedings and otherwise. We couldn't tell you anything about that fight because the government's request, our opposition to it, and the court's order regarding it were all sealed. But with today's order by Judge White, the transcript and the arguments over the government's request to revise it are finally public documents. Here's how the events transpired:
Paul Merrell

Court upholds NSA snooping | TheHill - 0 views

thehill.com/...385-court-upholds-nsa-snooping

surveillance state NSA litigation Jewel

shared by Paul Merrell on 12 Feb 15 - No Cached
  • A district court in California has issued a ruling in favor of the National Security Agency in a long-running case over the spy agency’s collection of Internet records.The challenge against the controversial Upstream program was tossed out because additional defense from the government would have required “impermissible disclosure of state secret information,” Judge Jeffrey White wrote in his decision.ADVERTISEMENTUnder the program — details of which were revealed through leaks from Edward Snowden and others — the NSA taps into the fiber cables that make up the backbone of the Internet and gathers information about people's online and phone communications. The agency then filters out communications of U.S. citizens, whose data is protected with legal defenses not extended to foreigners, and searches for “selectors” tied to a terrorist or other target.In 2008, the Electronic Frontier Foundation (EFF) sued the government over the program on behalf of five AT&T customers, who said that the collection violated the constitutional protections to privacy and free speech.
  • But “substantial details” about the program still remain classified, White, an appointee under former President George W. Bush, wrote in his decision. Moving forward with the merits of a trial would risk “exceptionally grave damage to national security,” he added. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> The government has been “persuasive” in using its state secrets privilege, he continued, which allows it to withhold evidence from a case that could severely jeopardize national security.   In addition to saying that the program appeared constitutional, the judge also found that the AT&T customers did not even have the standing to sue the NSA over its data gathering.While they may be AT&T customers, White wrote that the evidence presented to the court was “insufficient to establish that the Upstream collection process operates in the manner” that they say it does, which makes it impossible to tell if their information was indeed collected in the NSA program.  The decision is a stinging rebuke to critics of the NSA, who have seen public interest in their cause slowly fade in the months since Snowden’s revelations.
  • The EFF on Tuesday evening said that it was considering next steps and noted that the court focused on just one program, not the totality of the NSA’s controversial operations.“It would be a travesty of justice if our clients are denied their day in court over the ‘secrecy’ of a program that has been front-page news for nearly a decade,” the group said in a statement.“We will continue to fight to end NSA mass surveillance.”The name of the case is Jewel v. NSA. 
  • Paul Merrell on 12 Feb 15
     
    The article should have mentioned that the decision was on cross-motions for *partial* summary judgment. The Jewel case will proceed on other plaintiff claims. 
Gary Edwards

Sworn Declaration of Whistleblower William Binney on NSA Domestic Surveillance Capabili... - 0 views

publicintelligence.net/binney-nsa-declaration

NSA Domestic-Spying

shared by Gary Edwards on 06 Jun 13 - No Cached
  • Gary Edwards on 06 Jun 13
     
    "Sworn Declaration of Whistleblower William Binney on NSA Domestic Surveillance Capabilities July 16, 2012 in National Security Agency The following sworn declaration of William Binney, a former employee of the NSA and specialist in traffic analysis, was filed July 2, 2012 in support of the Electronic Frontier Foundation's case against the National Security Agency (Jewel v. NSA) regarding their illegal domestic surveillance programs which, according to Binney "are consistent, as a mathematical matter, with seizing both the routing information and the contents of all electronic communications" inside the U.S.  Thanks to Jacob Appelbaum for originally drawing attention to the declaration." DECLARATION OF WILLIAM E. BINNEY IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT REJECTING THE GOVERNMENT DEFENDANTS' STATE SECRET DEFENSE
Gary Edwards

Gold Price "Manipulated For A Decade", Repeatedly Slammed Lower, Bloomberg Reports | Ze... - 0 views

www.zerohedge.com/...lammed-lower-bloomberg-reports

GOLD LiBOR

shared by Gary Edwards on 01 Mar 14 - No Cached
  • Gary Edwards on 01 Mar 14
     
    "While the FT promptly retracted an article on precisely the topic of gold manipulation from earlier this week (recorded for posterity here), Bloomberg appears to not have had the same "editorial" concerns and pressures, and today released an article once again slamming the final conspiracy theory that while every other asset class is manipulated, gold is in a pristine class of its own, untouched by close-banging, price fixing traders or central bankers, and reports that "the London gold fix, the benchmark used by miners, jewelers and central banks to value the metal, may have been manipulated for a decade by the banks setting it, researchers say." Of course, over the past 5 years we have reported time and again how official gold manipulation started in earnest some time in the 1960s (who can forget the "reshuffle club") but we will start with a decade. Here is what BBG finds: Unusual trading patterns around 3 p.m. in London, when the so-called afternoon fix is set on a private conference call between five of the biggest gold dealers, are a sign of collusive behavior and should be investigated, New York University's Stern School of Business Professor Rosa Abrantes-Metz and Albert Metz, a managing director at Moody's Investors Service, wrote in a draft research paper.   "The structure of the benchmark is certainly conducive to collusion and manipulation, and the empirical data are consistent with price artificiality," they say in the report, which hasn't yet been submitted for publication. "It is likely that co-operation between participants may be occurring."   The paper is the first to raise the possibility that the five banks overseeing the century-old rate -- Barclays Plc, Deutsche Bank AG, Bank of Nova Scotia, HSBC Holdings Plc and Societe Generale SA -- may have been actively working together to manipulate the benchmark. It also adds to pressure on the firms to overhaul the way the rate is calculated. Authorities around the world, already inv
Paul Merrell

U.S. reasserts need to keep domestic surveillance secret - The Washington Post - 0 views

www.washingtonpost.com/...3-a0b9-249bbb34602c_story.html

surveillance state NSA NSA-blowback litigation civil liberties

shared by Paul Merrell on 22 Dec 13 - No Cached
  • The Obama administration Friday reasserted its claim of ­state-secrets privilege to try to block a court from ruling on the constitutionality of the National Security Agency’s interception of e-mails and phone calls on U.S. soil without a warrant. The reassertion of the privilege in two long-running lawsuits comes despite recent disclosures about the NSA’s programs and as President Obama is considering curbs to the NSA’s programs based on recommendations by a review panel he appointed.
  • The Obama administration Friday reasserted its claim of ­state-secrets privilege to try to block a court from ruling on the constitutionality of the National Security Agency’s interception of e-mails and phone calls on U.S. soil without a warrant. The reassertion of the privilege in two long-running lawsuits comes despite recent disclosures about the NSA’s programs and as President Obama is considering curbs to the NSA’s programs based on recommendations by a review panel he appointed.
  • “In my judgment, disclosure of still-classified details regarding these intelligence-gathering activities, either directly or indirectly, would seriously compromise, if not destroy, important and vital ongoing intelligence operations,” Director of National Intelligence James R. Clapper said in a declaration filed in U.S. District Court in Northern California on Friday.In court filings, the government also acknowledged for the first time that sweeping collections of Americans’ phone and Internet metadata began under the Bush administration, in concert with a program of intercepting phone and e-mail content without warrants — programs that operated for years solely under executive power before being brought under court and congressional oversight. Clapper said in his declaration that President George W. Bush authorized the collection efforts on Oct. 4, 2001, after the Sept. 11 terrorist attacks.
  • ...3 more annotations...
  • Jewel is suing on behalf of all AT&T customers, and Shubert is suing on behalf of all Americans.
  • At issue is the NSA’s program to intercept phone and e-mail communications without a warrant, which was placed under court supervision in 2007 and then authorized by Congress in 2007 and 2008. Jewel also is challenging the agency’s collection of Americans’ phone metadata, or call logs that include numbers dialed and call lengths and times. That program was placed under court supervision in 2006 on the basis of a statute that has been reauthorized several times since then. Its existence was revealed in June following a leak by former NSA contractor Edward Snowden. The government has already suffered a setback in the case. U.S. District Judge Jeffrey S. White in July ruled that the government could not assert a state-secrets privilege when the underlying law, the Foreign Intelligence Surveillance Act, offers a process to hear classified evidence in closed chambers.
  • The declassification of the Bush administration’s authorization of the programs came in response to White’s order to the government to review declarations filed in the case. The judge wanted to see what could be declassified in light of Snowden’s revelations as well as subsequent disclosures made by the government. The government also declassified eight other declarations filed in the litigation by senior intelligence officials alleging national security would be harmed by disclosing program information.
  • Paul Merrell on 22 Dec 13
     
    Ooh. Reasserting the State Secrets privilege when Congress has already waived it and the judge has already ruled that it doesn't apply. That's the U.S. Justice Department in action. No argument to frivolous to raise.
  • Paul Merrell on 22 Dec 13
     
    Also deserving of notice: The Feds had the right to take an immediate appeal from the judge's order to declassify but chose not to do so. Also, the finding that the State Secrets privilege did not apply was limited to the FISA section 215 bulk metadata collection. It's still in play for the search of communication content. Perhaps the "reassertion" was not a reassertion but an assertion involving another class of records.
Gary Edwards

The Perfect Storm: ObamaCare and DemoDebt - The Patriot Post - 0 views

patriotpost.us/20184

ObamaCare

shared by Gary Edwards on 19 Sep 13 - No Cached
  • Gary Edwards on 19 Sep 13
     
    Good summary of where we're at in the ObamaCare - Massive Debt debate. excerpt: "The DemoDebt showdown on September 30 and the implementation deadline for the next major phase of Obama's UNaffordable Care Act on October 1 are combining to create the "perfect storm," a formula for extended economic stagnation and, consequently, the greatest domestic threat to American Liberty and free enterprise since Franklin Roosevelt's despotic administration. To summarize, in 2010, under Democrat majorities in the House and Senate, Barack Hussein Obama obtained one of the Left's most coveted political prizes - a plan to nationalize health care. This had long been the "crown jewel" of socialist governments, having also been proposed by Hillary Clinton during her husband's regime. The stated rationale for the so-called "Patient Protection and Affordable Care Act," now ubiquitously called "ObamaCare" (but perhaps more aptly called ObamaCareless"), was to "control health care costs" and "provide insurance coverage for the uninsured," approximately 15% of Americans with no medical coverage - which is not to say no medical care. Of course, the real rationale for ObamaCare is the implementation of a scheme that will ultimately give the central government authoritarian regulatory control over more than 20% of the U.S. economy. Obama and his NeoCom cadres of statists on the Left have effectively hijacked the once-noble Democrat Party and converted it into their own socialist party tool in their ongoing effort to pull the plug on our Constitution. Ultimately, the objective of ObamaCare is to implement a massive single-payer system, in effect, placing the management and rationing of health care services under the thumb of a bloated and inefficient central government, with the objective of using that "achievement" as a major political stepping stone to implement a much broader socialist agenda in the coming years. Our nation is about to take a great
Paul Merrell

NSA Whistleblower: Snowden Never Had Access to the "Juiciest" Intelligence Documents | ... - 0 views

www.globalresearch.ca/...5386231

surveillance state NSA Snowden-documents NSA-domestic-surveillance Tice must-read

shared by Paul Merrell on 11 Jun 14 - No Cached
  • NSA whistleblower Russel Tice was a key source in the 2005 New York Times report that blew the lid off the Bush administration’s use of warrantless wiretapping. Tice told PBS and other media that the NSA is spying on – and blackmailing – top government officials and military officers, including Supreme Court Justices, highly-ranked generals, Colin Powell and other State Department personnel, and many other top officials:
  • He says the NSA started spying on President Obama when he was a candidate for Senate:
  • Many of Tice’s allegations have been confirmed by other government whistleblowers. And see this. Washington’s Blog called Tice to find out more about what he saw when he was at NSA.
  • ...8 more annotations...
  • NSA Has Hidden Its Most Radical Surveillance Operations … Even from People Like Snowden Who Had General “Code Word” Clearance WASHINGTON’S BLOG: Glenn Greenwald – supposedly, in the next couple of days or weeks – is going to disclose, based on NSA documents leaked by Snowden, that the NSA is spying on all sorts of normal Americans … and that the spying is really to crush dissent.  [Background here, here and here.] Does Snowden even have documents which contain the information which you’ve seen? RUSSELL TICE:  The answer is no. WASHINGTON’S BLOG: So you saw handwritten notes. And what Snowden was seeing were electronic files …?
  • RUSSELL TICE: Think of it this way.  Remember I told you about the NSA doing everything they could to make sure that the information from 40 years ago – from spying on Frank Church and Lord knows how many other Congressman that they were spying on – was hidden? Now do you think they’re going to put that information into Powerpoint slides that are easy to explain to everybody what they’re doing? They would not even put their own NSA designators on the reports [so that no one would know that] it came from the NSA.  They made the reports look like they were Humint (human intelligence) reports.  They did it to hide the fact that they were NSA and they were doing the collection. That’s 40 years ago.  [The NSA and other agencies are still doing "parallel construction", "laundering" information to hide the fact that the information is actually from mass NSA surveillance.] Now, what NSA is doing right now is that they’re taking the information and they’re putting it in a much higher security level.  It’s called “ECI” - Exceptionally Controlled Information  – and it’s called the black program … which I was a specialist in, by the way. I specialized in black world – DOD and IC (Intelligence Community) – programs, operations and missions … in “VRKs”, “ECIs”, and “SAPs”, “STOs”. SAP equals Special Access Program. It’s highly unlikely Mr. Snowden had any access to these. STO equals Special Technical Operations  It’s highly unlikely Mr. Snowden had any access to these.
  • Now in that world – the ECI/VRK world – everything in that system is classified at a higher level and it has its own computer systems that house it.  It’s totally separate than the system which Mr. Snowden was privy to, which was called the “JWICS”: Joint Worldwide Intelligence Communications System.  The JWICS system is what everybody at NSA has access to.  Mr Snowden had Sys Admin [systems administrator] authority for the JWICS. And you still have to have TS/SCI clearance [i.e. Top Secret/ Sensitive Compartmented Information - also known as “code word” - clearance] to get on the JWICS. But the ECI/VRK systems are much higher [levels of special compartmentalized clearance] than the JWICS. And you have to be in the black world to get that [clearance]. ECI = Exceptionally Controlled Information. I do not believe Mr. Snowden had any access to these ECI controlled networks). VRK = Very Restricted Knowledge. I do not believe Mr. Snowden had any access to these VRK controlled networks. These programs typically have, at the least, a requirement of 100 year or until death, ’till the person first being “read in” [i.e. sworn to secrecy as part of access to the higher classification program] can talk about them.  [As an interesting sidenote, the Washington Times reported in 2006 that – when Tice offered to testify to Congress about this illegal spying – he was informed by the NSA that the Senate and House intelligence committees were not cleared to hear such information.]
  • It’s very compartmentalized and – even with stuff that they had – you might have something at NSA, that there’s literally 40 people at NSA that know that it’s going on in the entire agency. When the stuff came out in the New York Times [the first big spying story, which broke in 2005] – and I was a source of information for the New York Times –   that’s when President Bush made up that nonsense about the “terrorist surveillance program.” By the way, that never existed. That was made up. There was no such thing beforehand. It was made up … to try to placate the American people. The NSA IG (Inspector General) – who was not cleared for this – all of a sudden is told he has to do an investigation on this; something he has no information or knowledge of. So what they did, is they took a few documents and they downgraded [he classification level of the documents] – just a few – and gave them to them to placate this basic whitewash investigation.
  • Snowden’s Failure To Understand the Most Important Documents RUSSELL TICE: Now, if Mr. Snowden were to find the crossover, it would be those documents that were downgraded to the NSA’s IG. The stuff that I saw looked like a bunch of alphanumeric gobbledygook.  Unless you have an analyst to know what to look for – and believe me, I think that what Snowden’s done is great – he’s not an intelligence analyst.  So he would see something like that, and he wouldn’t know what he’s looking at. But that would be “the jewels”. And the key is, you wouldn’t know it’s the jewels unless you were a diamond miner and you knew what to look for. Because otherwise, there’s a big lump of rock and you don’t know there’s a diamond in there. I worked special programs. And the way I found out is that I was working on a special operation, and I needed information from NSA … from another unit. And when I went to that unit and I said “I need this information”, and I dealt with [satellite spy operations], and I did that in the black world. I was a special operations officer. I would literally go do special missions that were in the black world where I would travel overseas and do spooky stuff.
  • Cheney Was Running the Show WASHINGTON’S BLOG: You said in one of your interviews that Dick Cheney ordered the intercepts that you found in the burn bags [the bags of documents which were slated to be destroyed because they were so sensitive]. Is that right … and if so, how do you know that? RUSSELL TICE: I did not know one way or the other until I talked to a very senior person at NSA who – much later – wanted to have a meeting with me. And we had a covert, clandestine style meeting. And that’s when this individual told me that the whole thing was being directed and was coming from the vice president’s office … Cheney, through his lawyer David Addington. WASHINGTON’S BLOG:  It sounds like it wasn’t going through normal routes?  It’s not like Cheney or Addington made formal requests to the NSA … through normal means? RUSSELL TICE: No, not normal at all. All on the sly … all “sneaky pete” under the table, in the evening when most NSA employees are gone for the day. This is all being done in the evenings … between like 7 [at night] and midnight.
  • NSA Is Spying On CONTENT as Well as Metadata WASHINGTON’S BLOG: And from what you and others have said, it’s content as well as metadata? RUSSELL TICE: Of course it is. Of course. [Background. But see this.] NSA Spying On Journalists, Congress, Admirals, Lawyers … RUSSELL TICE: In 2009, I told [reporters] that they were going after journalists and news organizations and reporters and such. I never read text of Congressman’s conversations. What I had was information – sometimes hand-written – of phone numbers of Congressmen, their wives, their children, their staffers, their home numbers, their cellphone numbers, their phone numbers of their residence back in Oregon or whatever state they’re from, and their little offices back in their state. Or an Admiral and his wife, and his kids and his staffers …
  • The main thing I saw more than anything else were lawyers and law firms. I saw more lawyers or law firms being wiretapped than anything else. These are the phone numbers I saw written. And then I would see those numbers incorporated into those lists with the columns of information about the phone number, and the serial number and the banks of recorders and digital converters and the data storage devices. I could see handwritten phone numbers and notes, sometimes with names, sometimes not.
  • Paul Merrell on 11 Jun 14
     
    Whistleblower Russell Tice says that there are super-classified domestic surveillance records that Edward Snowden, Congressional oversight committees, and the NSA Inspector-General did not have access to. Must-read.
Gary Edwards

Troubled Assets Explained | Silicon Valley Insider - ClusterStock John Carney - 0 views

clusterstock.alleyinsider.com/...ainer-what-are-troubled-assets

finacial-crisis

shared by Gary Edwards on 17 Jan 09 - Cached
  • When the government guarantees the value of a troubled asset, what it is really doing is promising to pay anyone who ends up owning it the difference between the phony, inflated value and the actual value it fetches on the market. Buying troubled assets, if that actually ever happens, works pretty much the same way: the government pays more than the asset is worth, exchanging something really valuable--dollars--for something that has a lot of, well, sentimental value for the bank.
  • Gary Edwards on 17 Jan 09
     
    Troubled assets are just stuff that banks paid too much for. Mostly, that stuff is loans made to people who cannot afford to pay them off, secured by collateral that is worth less than the loan value. Those loans were made so people could buy everything from homes and cars to shopping malls and construction companies. The reason they are financially crippling is that banks don't want to admit how badly they overpaid, so they keep carrying worthless junk at inflated values on their balance sheets.  The "systemic" problems arise because everyone knows the banks are holding junk that they are pretending are jewels. Investors and lenders don't believe the assets are worth what the banks say they are, so they won't lend or invest against the phoney valuations.
Paul Merrell

EFF Fights Destruction of Spying Evidence in Court Wednesday | Electronic Frontier Foun... - 0 views

www.eff.org/...pying-evidence-court-wednesday

surveillance state NSA-blowback litigation

shared by Paul Merrell on 22 Mar 14 - No Cached
  • Government Claims EFF's Lawsuits Don't Cover Ongoing Surveillance – Raising Fears Key Documents May Have Been DestroyedUPDATE: Judge White today continued his temporary restraining order in these two cases until a more permanent order could be put in place. The question of whether the government improperly destroyed evidence so far will be briefed over the next several weeks.
  • Government Claims EFF's Lawsuits Don't Cover Ongoing Surveillance – Raising Fears Key Documents May Have Been DestroyedUPDATE: Judge White today continued his temporary restraining order in these two cases until a more permanent order could be put in place. The question of whether the government improperly destroyed evidence so far will be briefed over the next several weeks.
  • San Francisco - The Electronic Frontier Foundation (EFF) will fight disturbing new government claims in an emergency court hearing Wednesday – claims that may imply records documenting ongoing government surveillance have been destroyed despite a judge's order. Over the last several weeks, EFF has been battling to ensure that evidence of the NSA surveillance program will be preserved as part of its two cases challenging the illegal government spying: Jewel v. NSA and First Unitarian Church of Los Angeles v. NSA. But in a court filing late Monday, the government made shocking new assertions, arguing that its obligation to preserve evidence was limited to aspects of the original Bush-era spying program, which the government contends ended eight years ago with a transition to FISA court orders.
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  • This argument simply does not make sense. EFF has been demanding an injunction to stop this illegal spying program, regardless of the government's shifting justifications," said EFF Legal Director Cindy Cohn, who will argue in front of U.S. District Court Judge Jeffrey S. White at the hearing Wednesday. "But these government claims aren't just nonsensical – they are extremely worrisome and dangerous. The government is suggesting it may have destroyed years' worth of evidence about its illegal spying, justified by its own secret interpretation of our case. This is about more than just phone records; it's about evidence concerning all of the government's spying. EFF is asking the court for a full accounting of just what is going on here, and it's time for the government to come clean." EFF has been litigating against illegal NSA surveillance for more than eight years. Jewel v. NSA is a case brought on behalf of AT&T customers who were subject to unconstitutional NSA spying. In First Unitarian Church of Los Angeles v. NSA, EFF represents 22 groups whose First Amendment rights to association are violated by the NSA program.
Paul Merrell

Wikimedia v. NSA: Another Court Blinds Itself to Mass NSA Surveillance | Electronic Fro... - 0 views

www.eff.org/...s-itself-mass-nsa-surveillance

surveillance state NSA Wikimedia litigation tyranny freedom

shared by Paul Merrell on 07 Nov 15 - No Cached
  • We all know justice is blind. But that is supposed to mean that everyone before it is treated equally, not that the justice system must close its eyes and refuse to look at important legal issues facing Americans.  Yet the government continues to convince courts that they cannot consider the constitutionality of its behavior in national security cases and, last week, in an important case for anyone who has ever used Wikipedia, another judge agreed with that position.  A federal district judge in Maryland dismissed Wikimedia v. NSA, a case challenging the legality of the NSA’s “upstream” surveillance—mass surveillance of Internet communications as they flow through the Internet backbone. The case was brought by our friends at the ACLU on behalf of nine plaintiffs, including human rights organizations, members of the media, and the Wikimedia Foundation.1 We filed a brief in the case, too, in support of Wikimedia and the other plaintiffs. The judge dismissed the case based on a legal principle called standing. Standing is supposed to ensure, among other things, that the party bringing the lawsuit has suffered a concrete harm, caused by the party being sued, and that the court can resolve the harm with a favorable ruling.
  • But the U.S. government has taken this doctrine, which was intended to limit the cases federal courts hear to actual live controversies, and turned it into a perverse shell game in surveillance cases—essentially arguing that because aspects of the surveillance program are secret, plaintiffs cannot prove that their communications were actually, in fact, intercepted and surveilled. And without that proof, the government argues, there’s no standing, because plaintiffs can’t show that they’ve suffered harm. Sadly, like several other courts before it, the judge agreed to this shell game and decided that it couldn’t decide whether the constitutional rights of Wikimedia and the other plaintiffs were violated.  This game is mighty familiar to us at EFF, but that doesn’t make it any less troubling. In our system, the courts have a fundamental obligation to conclusively determine the legality of government action that affects individuals’ constitutional rights. For years now, plaintiffs have tried to get the courts to simply issue a ruling on the merits of NSA surveillance programs. And for years, the government has successfully persuaded the courts to rely on standing and related doctrines to avoid doing so. That is essentially what happened here. The court labeled as “speculative” Wikimedia’s claim that, at a minimum, even one of its approximately one trillion Internet communications had been swept up in the NSA’s upstream surveillance program. Remember, this is a program that, by the government’s own admission, involves the searching and scanning of vast amounts of Internet traffic at key Internet junctures on the Internet’s backbone. Yet in court’s view, Wikimedia’s allegations describing upstream—based on concrete facts, taken from government documents— coupled with a plaintiff that engages in a large volume of internet communications were not enough to state a “plausible” claim that Wikimedia had been surveilled.
  • On the way to reaching that conclusion, and putting on its blindfold, the court made a number of mistakes. The Government’s Automated Eyes Are Still Government Eyes First, it appears the court fundamentally misunderstood Wikimedia’s claim about upstream surveillance and, in particular, “about surveillance.” As Wikimedia alleged, “about surveillance” (a specific aspect of upstream surveillance that searches the content of communications for references to particular email addresses or other identifiers) amounts to “the digital analogue of having a government agent open every piece of mail that comes through the post to determine whether it mentions a particular word or phrase.” The court held, however, that this type of “about” surveillance was “targeted insofar as it makes use of only those communications that contain information matching the tasked selectors,” like email addresses. But what the government "makes use of" is entirely beside the point—it is the scanning of the communications for the tasked selectors in the first place that is the problem.  To put it into a different context, the government conducts a search when it enters into your house and starts rifling through your files—not just when it finds something it wants to keep. The government's ultimate decision to “make use of” the communications it finds interesting is irrelevant. It is the search of the communications that matters.
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  • Back of the Envelope Gymnastics Another troubling aspect of the court’s decision was its attack on the probabilities Wikimedia assigned to the likelihood of its communications being intercepted. Given that Wikimedia engages in a large volume of Internet communications, Wikimedia alleged that—even assuming a .00000001% chance that any one particular communication is intercepted—it would still have a 99.9999999999% of having one of its communications intercepted. The statistic was used to illustrate that, even assuming very low probabilities for interception, there was still a near-certainty that Wikipedia’s traffic was collected. But the court attacked Wikimedia’s simple statistical analysis (and the attack tracked, to a great degree, arguments made in the government’s declarations that the court purportedly did not consider). The court seemed to believe it had seized upon a great flaw in Wikimedia’s case by observing that, if the probability of any given communication being intercepted were decreased 100% or 1000%, the probability of one of Wikimedia’s communications being intercepted would similarly drop. The “mathematical gymnastics” the court believed it had unearthed were nothing more than Wikimedia using an intentionally small (and admittedly arbitrary) probability to illustrate the high likelihood that its communications had been swept up. But even if the court disagreed with the probabilities Wikimedia relied on, it’s not at all clear why that would justify dismissing the case at the outset. If it turned out, after development of the record, that the probabilities were off, then dismissal might be appropriate. But the court cut the case off before Wikimedia had the opportunity to introduce evidence or other facts that might support the probability they assigned.
  • Someone Else Probably Has Standing, Right? Perhaps most troubling was the court’s mistaken belief that the legality of upstream surveillance could be challenged in other ways, beyond civil cases like Wikimedia or our ongoing case, Jewel v. NSA. The court asserted its decision would not insulate upstream from judicial review, which—according to the court—could still receive judicial scrutiny through (1) review from the Foreign Intelligence Surveillance Court (FISC), (2) a challenge by a criminal defendant, or (3) a challenge from an electronic service provider. None of these options is truly a viable alternative, however. First, the FISC (until very recently) did not have adversarial proceedings—it only heard from the government, and its proceedings remain both far more limited and more secretive than a regular court’s. Second, a challenge from a criminal defendant won’t work either, because, to date, the government has explicitly refused to disclose—even where defendants are notified of the use of FISA surveillance—whether their communications were obtained using upstream surveillance. And, finally, in the nearly 15 years (or more) the government has conducted upstream surveillance, we’re not aware of any service provider that has challenged the legality of the practice. Indeed, given that upstream is done with the cooperation of telecoms like AT&T and Verizon—the same telcos that did not challenge the NSA’s bulk collection of Americans’ call records for over a decade—we're not holding our breath for a challenge anytime soon. Instead, we need the courts to tackle these cases. Upstream surveillance presents unique constitutional issues that no federal court has seriously addressed. It's time the federal courts stepped up to the challenge.
  • Paul Merrell on 07 Nov 15
     
    The notion that the government can intentionally violate the privacy rights of its citizens yet a court find that those citizens have no right to seek redress announces a view that privacy rights are hollow --- that those wronged by government malfeasance have no remedy in the courts of our nation. That is a view that must be thrown in the dustbins of history if freedom is to be preserved. 
Paul Merrell

Freedom for Saif al-Islam Gaddafi! Freedom for Libya! - nsnbc international | nsnbc int... - 0 views

nsnbc.me/...slam-gaddafi-freedom-for-libya

war & peace Libya Gadafi reconstruction

shared by Paul Merrell on 15 Jul 16 - No Cached
  • The news that Saif al-Islam Gaddafi, the son of the assassinated leader of the Libyan Arab Jamahiriya Muammar Gaddafi, has been released from captivity is one of the most significant developments in Libya in some time. For while the Western corporate media would like people to believe that the Gaddafi name is dead and buried, the fact remains that Saif al-Islam Gaddafi, and the surviving members of the Gaddafi family, are seen as heroes by many in Libya. Moreover, Saif’s release has the potential to transform the political situation in the country.
  • Although details are few and far between, what we do know is that according to his lawyer at the International Criminal Court (ICC), Saif Gaddafi “was given his liberty on April 12, 2016.” Indeed official documents (which remain unverified) seem to support the assertion that Saif has, in fact, been released. Considering the statements from his attorneys that Saif is “well and safe and in Libya,” the political ramifications of this development should not be underestimated. Not only is Saif Gaddafi the second eldest and most prominent of Col. Gaddafi’s sons, he is also the one seen as the inheritor of his father’s legacy of independent peaceful development and the maintenance of the Libyan Arab Jamahiriya. This last point is of critical importance as his release is a clear signal to many Libyans that the resistance to the NATO-imposed chaos and war is alive and well. And while there have been isolated upsurges of pro-Gaddafi sentiments at various times in the last five years, they mostly remained underground. Perhaps it might soon be time for the resistance to once again become united as it moves to drive out the terrorists and opportunists who have torn the jewel of Africa apart these last five years.
  • It is against this dizzying political backdrop that one must examine the significance of a potential return for Saif al-Islam Gaddafi. Saif remains a hero to many Libyans who see in him the inheritor of the independent spirit of his father, a man whose education and erudition, and most importantly wartime experience, make him a natural leader. It should be remembered that Saif was the main advocate of the rapprochement between Libya and the West in the early 2000s, spearheading the campaign for Libya’s disarmament of its nuclear and long-range ballistic missiles program. However, by 2011 and the US-NATO illegal war on Libya, Saif had changed his tune, regretting terribly his having taken western leaders at their word. In a now infamous interview with RT conducted in the midst of the NATO war, Saif stated: “Many countries, Iran and North Korea are among them, told us it was our mistake to give up, to have stopped developing long-range missiles and to become friendly with the West. Our example means one should never trust the West and should always be on alert – for them it is fine to change their mind overnight and start bombing Libya…One of our biggest mistakes was that we delayed buying new weapons, especially from Russia, and delayed building a strong army. We thought Europeans were our friends; our mistake was to be tolerant with our enemies.”
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  • And today, nearly five years later, Saif remains the chosen son of the Libyan Arab Jamahiriya – a man who has endured five years of confinement at the hands of his one-time enemies, who has remained defiant of the US and of its puppet institutions such as the International Criminal Court. His is the man who for so many represents the promise of a better future by symbolizing a better past. And this is why factions inside Libya, and their backers in the US and Europe, are terrified of Saif al-Islam Gaddafi; they understand perfectly what he represents. They know that Saif commands the loyalty and respect of the majority of Libyans, far more than any other single faction. They know that Saif is backed by the most influential tribes in the country, as well as what remains of the Green Resistance which has emerged at key moments in the last few years, including the brief takeover of a critical air base in the southern city of Sabha in January 2014. They know that Saif is the only individual leader left in Libya who can unite the disparate political formations into a single force prepared to finally defeat the jihadist elements backed by the US-NATO. But the fear of Saif runs even deeper than just the theoretical leadership that he represents. Rather, the powers that be fear the political force he already is. When Saif’s death sentence was handed down by a kangaroo court in Tripoli, supporters of Gaddafi (Qadafi – Qaddafi edt) ) and the Jamhiriya took to the streets in Benghazi, Sirte, Bani Walid, and a number of other cities across the country, despite ISIS and Al Qaeda terrorists in control of much of those cities. At the risk of their own lives, these Libyans carried portraits of the assassinated Col. Gaddafi and Saif al-Islam, chanting their names and calling for a restoration of the socialist government. Consider the devotion necessary for followers to risk life and limb in a show of political support. Now imagine what would happen with Saif free.
  • Sources in Libya, and among those who have fled to neighboring countries, as well as Europe, have noted that elements of the former Gaddafi government have been working closely with the Sisi government in Egypt. While it is difficult to confirm independently, such a move is entirely plausible considering the common jihadi enemy both face in Libya which shares a long, porous border with Egypt. Assuming that the collaboration is true, it presents yet another reason why the US and its proxies, to say nothing of the terror groups inside Libya, would greatly fear Saif’s freedom. With the backing of an assertive Egypt, the all-important tribal councils, and elements of the disparate factions on the ground, Saif would instantly become the single most powerful man in Libya. And for those in the West, it is incumbent on everyone to vigorously and publicly defend Saif al-Islam Gaddafi, and to redouble efforts to back him. Saif represents a chance for Libya to be rebuilt, for the country to be pulled from the morass of chaos manufactured by the US and its NATO partners. Saif is the hope of the Libyan people who have suffered unspeakable horrors these last five years. Even those who have no love lost for Gaddafi understand the importance of reconstituting a single, united Libya under a single, united government. Only Saif al-Islam Gaddafi can do that now. And that’s why freedom for Saif might one day mean freedom for Libya.
Paul Merrell

National intelligence chief declassifies Bush-era documents on NSA programs | World new... - 0 views

www.theguardian.com/...ligence-bush-era-nsa-documents

surveillance state NSA litigation NSA-domestic-surveillance origins

shared by Paul Merrell on 22 Dec 13 - No Cached
  • The director of national intelligence on Saturday declassified more documents that outline how the National Security Agency was first authorised to start collecting bulk phone and internet records in the hunt for al-Qaida terrorists and how a court eventually gained oversight of the program, after the justice department complied with a federal court order to release its previous legal arguments for keeping the programs secret.
  • "There has never been a comprehensive government release ... that wove the whole story together: the timeline of authorizing the programs and the gradual transition to (court) oversight," said Mark Rumold, staff attorney at the Electronic Frontier Foundation, a civil liberties group suing the NSA to reveal more about the bulk records programs. "Everybody knew that happened, but this is the first time I've seen the government confirm those twin aspects." That unexpected windfall of disclosures early on Saturday came with the release of documents outlining why issuing the information would damage national security. The US district court in the northern district of California in the fall had ordered the Obama administration to make public the documents, known as state secrets declarations. The justice department issued the declarations late on Friday in two ongoing class action cases: Shubert v Bush, now known as Shubert v Obama, on behalf of Verizon customers; and Jewel v NSA, on behalf of AT&T customers. Calls to the justice department and the director of national intelligence's office were not answered.
  • "In September, the federal court in the northern district of California ... ordered the government to go back through all the secret ex parte declarations and declassify and release as much as they could, in light of the Snowden revelations and government confirmations," Rumold said. "So what was released late last night was in response to that court order."
Paul Merrell

Timeline of NSA Domestic Spying | Electronic Frontier Foundation - 1 views

www.eff.org/timeline

surveillance state NSA surveillance-history timeline

shared by Paul Merrell on 02 Aug 13 - No Cached
  • All of the evidence found in this timeline can also be found in the Summary of Evidence we submitted to the court in Jewel v. National Security Agency (NSA). It is intended to recall all the credible accounts and information of the NSA's domestic spying program found in the media, congressional testimony, books, and court actions. The timeline also includes documents leaked by the Guardian in June 2013 that confirmed the domestic spying by the NSA. The documents range from a Top Secret Court Order by the secret court overseeing the spying, the Foreign Intelligence Surveillance Court (FISA Court), to a working draft of an NSA Inspector General report detailing the history of the program. The "NSA Inspectors General Reports" tab consists of one of three documents: a July 10, 2009 report written by Inspectors General of the Department of Justice (DOJ), NSA, Department of Defense (DOD), Central Intelligence Agency (CIA), and the Office of the Director of National Intelligence; an internal working draft NSA Inspector General report leaked by the Guardian on June 27, 2013; and, an "End to End Review" of the Section 215 program conducted by the NSA for the FISA Court. For a short description of the people involved in the spying you can look at our Profiles page, which includes many of the key characters from the NSA Domestic Spying program.
  • Paul Merrell on 02 Aug 13
     
    This is definitely one to bookmark. Timeline traces the history of government electronic surveillance from adoption of the Fourth Amendment to present. This is a dancing sugar plum document with each entry expandable to show more detail and a link from each expansion to further information. 
  • Gary Edwards on 02 Aug 13
     
    Wow! You are so right Paul. What an incredible collection of NSA information. The EFF has created a wikipedia of illegal and un-Constitutional actions by the NSA and Federal Government. The JavaScript is awesome too.
Paul Merrell

​Thought better of it: NSA can get rid of evidence, judge says - RT USA - 0 views

rt.com/...4-judge-nsa-preservation-order

surveillance-state NSA-reform litigation Jewel

shared by Paul Merrell on 08 Jun 14 - No Cached
  • A federal judge who ordered the National Security Agency to retain all records of its secret telephone surveillance related to an ongoing case has reversed the order – just a day after it was issued. “In order to protect national security programs, I cannot issue a ruling at this time. The Court rescinds the June 5 order,” US District Judge Jeffrey White said from the bench on Friday. The NSA had been prohibited from destroying any of its records of communications surveillance on Thursday – specifically under the government’s Section 702 program. Section 702 of the Foreign Intelligence Surveillance Act (FISA) has been used by the NSA to justify widespread collection of phone calls and emails.
  • Paul Merrell on 08 Jun 14
     
    Wow! Thrice ordered to preserve evidence the NSA continued to destroy it. On the 5th, the judge issued yet another order. Today, he reverses himself in an oral order. Look for EFF to quickly file an emergency motion in the Ninth Circuit. 
Paul Merrell

Spy Chief James Clapper Wins Rosemary Award - 0 views

www2.gwu.edu/...20140324

surveillance state NSA Rosemary-Award Obama Clapper Alexander

shared by Paul Merrell on 24 Mar 14 - No Cached
  • Director of National Intelligence James Clapper has won the infamous Rosemary Award for worst open government performance in 2013, according to the citation published today by the National Security Archive at www.nsarchive.org. Despite heavy competition, Clapper's "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" sealed his receipt of the dubious achievement award, which cites the vastly excessive secrecy of the entire U.S. surveillance establishment. The Rosemary Award citation leads with what Clapper later called the "least untruthful" answer possible to congressional questions about the secret bulk collection of Americans' phone call data. It further cites other Clapper claims later proved false, such as his 2012 statement that "we don't hold data on U.S. citizens." But the Award also recognizes Clapper's fellow secrecy fetishists and enablers, including:
  • Gen. Keith Alexander, director of the NSA, for multiple Rose Mary Woods-type stretches, such as (1) claiming that the secret bulk collection prevented 54 terrorist plots against the U.S. when the actual number, according to the congressionally-established Privacy and Civil Liberties Oversight Board (PCLOB) investigation (pp. 145-153), is zero; (2) his 2009 declaration to the wiretap court that multiple NSA violations of the court's orders arose from differences over "terminology," an explanation which the chief judge said "strains credulity;" and (3) public statements by the NSA about its programs that had to be taken down from its website for inaccuracies (see Documents 78, 85, 87 in The Snowden Affair), along with public statements by other top NSA officials now known to be untrue (see "Remarks of Rajesh De," NSA General Counsel, Document 53 in The Snowden Affair).
  • Robert Mueller, former FBI director, for suggesting (as have Gen. Alexander and many others) that the secret bulk collection program might have been able to prevent the 9/11 attacks, when the 9/11 Commission found explicitly the problem was not lack of data points, but failing to connect the many dots the intelligence community already had about the would-be hijackers living in San Diego. The National Security Division lawyers at the Justice Department, for misleading their own Solicitor General (Donald Verrilli) who then misled (inadvertently) the U.S. Supreme Court over whether Justice let defendants know that bulk collection had contributed to their prosecutions. The same National Security Division lawyers who swore under oath in the Electronic Frontier Foundation's Freedom of Information Act lawsuit for a key wiretap court opinion that the entire text of the opinion was appropriately classified Top Secret/Sensitive Compartmented Information (release of which would cause "exceptionally grave damage" to U.S. national security). Only after the Edward Snowden leaks and the embarrassed governmental declassification of the opinion did we find that one key part of the opinion's text simply reproduced the actual language of the 4th Amendment to the U.S. Constitution, and the only "grave damage" was to the government's false claims.
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  • President Obama for his repeated misrepresentations about the bulk collection program (calling the wiretap court "transparent" and saying "all of Congress" knew "exactly how this program works") while in effect acknowledging the public value of the Edward Snowden leaks by ordering the long-overdue declassification of key documents about the NSA's activities, and investigations both by a special panel and by the Privacy and Civil Liberties Oversight Board. The PCLOB directly contradicted the President, pointing out that "when the only means through which legislators can try to understand a prior interpretation of the law is to read a short description of an operational program, prepared by executive branch officials, made available only at certain times and locations, which cannot be discussed with others except in classified briefings conducted by those same executive branch officials, legislators are denied a meaningful opportunity to gauge the legitimacy and implications of the legal interpretation in question. Under such circumstances, it is not a legitimate method of statutory construction to presume that these legislators, when reenacting the statute, intended to adopt a prior interpretation that they had no fair means of evaluating." (p. 101)
  • Even an author of the Patriot Act, Rep. Jim Sensenbrenner (R-WI), was broadsided by the revelation of the telephone metadata dragnet. After learning of the extent of spying on Americans that his Act unleashed, he wrote that the National Security Agency "ignored restrictions painstakingly crafted by lawmakers and assumed plenary authority never imagined by Congress" by cloaking its actions behind the "thick cloud of secrecy" that even our elected representatives could not breech. Clapper recently conceded to the Daily Beast, "I probably shouldn't say this, but I will. Had we been transparent about this [phone metadata collection] from the outset … we wouldn't have had the problem we had." The NSA's former deputy director, John "Chris" Inglis, said the same when NPR asked him if he thought the metadata dragnet should have been disclosed before Snowden. "In hindsight, yes. In hindsight, yes." Speaking about potential (relatively minimal) changes to the National Security Agency even the president acknowledged, "And all too often new authorities were instituted without adequate public debate," and "Given the unique power of the state, it is not enough for leaders to say: Trust us. We won't abuse the data we collect. For history has too many examples when that trust has been breached." (Exhibit A, of course, is the NSA "watchlist" in the 1960's and 1970's that targeted not only antiwar and civil rights activists, but also journalists and even members of Congress.)
  • The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Federal Chief Information Officers' Council, and the career Rosemary leader — the Justice Department — for the last two years. Rosemary-winner James Clapper has offered several explanations for his untruthful disavowal of the National Security Agency's phone metadata dragnet. After his lie was exposed by the Edward Snowden revelations, Clapper first complained to NBC's Andrea Mitchell that the question about the NSA's surveillance of Americans was unfair, a — in his words — "When are you going to stop beating your wife kind of question." So, he responded "in what I thought was the most truthful, or least untruthful, manner by saying 'no.'"
  • After continuing criticism for his lie, Clapper wrote a letter to Chairman of the Senate Select Committee on Intelligence Dianne Feinstein, now explaining that he misunderstood Wyden's question and thought it was about the PRISM program (under Section 702 of the Foreign Intelligence Surveillance Act) rather than the telephone metadata collection program (under Section 215 of the Patriot Act). Clapper wrote that his staff "acknowledged the error" to Senator Wyden soon after — yet he chose to reject Wyden's offer to amend his answer. Former NSA senior counsel Joel Brenner blamed Congress for even asking the question, claiming that Wyden "sandbagged" Clapper by the "vicious tactic" of asking "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" Meanwhile, Steve Aftergood of the Federation of American Scientists countered that "it is of course wrong for officials to make false statements, as DNI Clapper did," and that in fact the Senate Intelligence Committee "became complicit in public deception" for failing to rebut or correct Clapper's statement, which they knew to be untruthful. Clapper described his unclassified testimony as a game of "stump the chump." But when it came to oversight of the National Security Agency, it appears that senators and representatives were the chumps being stumped. According to Representative Justin Amash (R-Mich), the House Intelligence Committee "decided it wasn't worthwhile to share this information" about telephone metadata surveillance with other members of Congress. Classified briefings open to the whole House were a "farce," Amash contended, often consisting of information found in newspapers and public statutes.
  • The Emmy and George Polk Award-winning National Security Archive, based at the George Washington University, has carried out thirteen government-wide audits of FOIA performance, filed more than 50,000 Freedom of Information Act requests over the past 28 years, opened historic government secrets ranging from the CIA's "Family Jewels" to documents about the testing of stealth aircraft at Area 51, and won a series of historic lawsuits that saved hundreds of millions of White House e-mails from the Reagan through Obama presidencies, among many other achievements.
  • Director Clapper joins an undistinguished list of previous Rosemary Award winners: 2012 - the Justice Department (in a repeat performance, for failure to update FOIA regulations for compliance with the law, undermining congressional intent, and hyping its open government statistics) 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge, through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).   ALSO-RANS The Rosemary Award competition in 2013 was fierce, with a host of government contenders threatening to surpass the Clapper "least untruthful" standard. These secrecy over-achievers included the following FOI delinquents:
  • Admiral William McRaven, head of the Special Operations Command for the raid that killed Osama Bin Laden, who purged his command's computers and file cabinets of all records on the raid, sent any remaining copies over to CIA where they would be effectively immune from the FOIA, and then masterminded a "no records" response to the Associated Press when the AP reporters filed FOIA requests for raid-related materials and photos. If not for a one-sentence mention in a leaked draft inspector general report — which the IG deleted for the final version — no one would have been the wiser about McRaven's shell game. Subsequently, a FOIA lawsuit by Judicial Watch uncovered the sole remaining e-mail from McRaven ordering the evidence destruction, in apparent violation of federal records laws, a felony for which the Admiral seems to have paid no price. Department of Defense classification reviewers who censored from a 1962 document on the Cuban Missile Crisis direct quotes from public statements by Soviet Premier Nikita Khrushchev. The quotes referred to the U.S. Jupiter missiles in Turkey that would ultimately (and secretly) be pulled out in exchange for Soviet withdrawal of its missiles in Cuba. The denials even occurred after an appeal by the National Security Archive, which provided as supporting material the text of the Khrushchev statements and multiple other officially declassified documents (and photographs!) describing the Jupiters in Turkey. Such absurd classification decisions call into question all of the standards used by the Pentagon and the National Declassification Center to review historical documents.
  • Admiral William McRaven memo from May 13, 2011, ordering the destruction of evidence relating to the Osama bin Laden raid. (From Judicial Watch)
  • The Department of Justice Office of Information Policy, which continues to misrepresent to Congress the government's FOIA performance, while enabling dramatic increases in the number of times government agencies invoke the purely discretionary "deliberative process" exemption. Five years after President Obama declared a "presumption of openness" for FOIA requests, Justice lawyers still cannot show a single case of FOIA litigation in which the purported new standards (including orders from their own boss, Attorney General Eric Holder) have caused the Department to change its position in favor of disclosure.
Paul Merrell

Israeli Drone Feeds Hacked By British and American Intelligence - 0 views

theintercept.com/...tish-and-american-intelligence

surveillance state NSA GCHQ Israeli-drones

shared by Paul Merrell on 01 Feb 16 - No Cached
  • MERICAN AND BRITISH INTELLIGENCE secretly tapped into live video feeds from Israeli drones and fighter jets, monitoring military operations in Gaza, watching for a potential strike against Iran, and keeping tabs on the drone technology Israel exports around the world. Under a classified program code-named “Anarchist,” the U.K.’s Government Communications Headquarters, or GCHQ, working with the National Security Agency, systematically targeted Israeli drones from a mountaintop on the Mediterranean island of Cyprus. GCHQ files provided by former NSA contractor Edward Snowden include a series of “Anarchist snapshots” — thumbnail images from videos recorded by drone cameras. The files also show location data mapping the flight paths of the aircraft. In essence, U.S. and British agencies stole a bird’s-eye view from the drones.
  • Several of the snapshots, a subset collected in 2009 and 2010, appear to show drones carrying missiles. Although they are not clear enough to be conclusive, the images offer rare visual evidence to support reports that Israel flies attack drones — an open secret that the Israeli government won’t acknowledge. “There’s a good chance that we are looking at the first images of an armed Israeli drone in the public domain,” said Chris Woods, author of Sudden Justice, a history of drone warfare. “They’ve gone to extraordinary lengths to suppress information on weaponized drones.” The Intercept is publishing a selection of the drone snapshots in an accompanying article.
  • Additionally, in 2012, a GCHQ analyst reported “regular collects of Heron TP carrying weapons,” referring to a giant drone made by the state-owned Israel Aerospace Industries, known as IAI. Anarchist operated from a Royal Air Force installation in the Troodos Mountains, near Mount Olympus, the highest point on Cyprus. The Troodos site “has long been regarded as a ‘Jewel in the Crown’ by NSA as it offers unique access to the Levant, North Africa, and Turkey,” according to an article from GCHQ’s internal wiki. Last August, The Intercept published a portion of a GCHQ document that revealed that NSA and GCHQ tracked weapons signals from Troodos, and earlier reporting on the Snowden documents indicated that the NSA targeted Israeli drones and an Israeli missile system for tracking, but the details of the operations have not been previously disclosed. “This access is indispensable for maintaining an understanding of Israeli military training and operations and thus an insight to possible future developments in the region,” a GCHQ report from 2008 enthused. “In times of crisis this access is critical and one of the only avenues to provide up to the minute information and support to U.S. and Allied operations in the area.”
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  • The documents highlight the conflicted relationship between the United States and Israel and U.S. concerns about Israel’s potentially destabilizing actions in the region. The two nations are close counterterrorism partners, and have a memorandum of understanding, dating back to 2009, that allows Israel access to raw communications data collected by the NSA. Yet they are nonetheless constantly engaged in a game of spy versus spy. Last month, the Wall Street Journal reported that, although President Obama had pledged to stop spying on friendly heads of state, the White House carved out an exception for Israeli Prime Minister Benjamin Netanyahu and other top Israeli officials. Michael Hayden, former head of the CIA and NSA, told the Journal that the intelligence relationship with Israel was “the most combustible mixture of intimacy and caution that we have.”
Paul Merrell

A New Flotilla Sets Sail To Break the Blockade on Gaza - 0 views

www.mintpressnews.com/...242401

war & peace Palestine Israel Freedom-Flotilla Auction-2018

shared by Paul Merrell on 23 May 18 - No Cached
  • Islands Brygge, an idyllic harbor park that stretches along the east bank of Copenhagen, was alive with a celebratory crowd on Monday as three ships were about to steam towards Gaza. The 2018 Freedom Flotilla—two ships from Sweden and one from Norway — will call at ports in Germany, Holland, Belgium, France, Spain, Portugal and Italy before traveling through the Mediterranean Sea to its final destination: Gaza harbor. Volunteer boat guides explained the history and mission of the Gaza Flotilla movement, which has organized a number of journeys to demonstrate solidarity with the people of Gaza and break the illegal economic siege.
  • Reaching the harbor of Gaza (which means “jewel” in Arabic) should be as simple and straightforward as entering any harbor in Germany, France or Spain. But instead, Israel has denied Gazans use of their own harbor for commerce, trade and travel, and has bombed it on numerous occasions, along with their electric power plants and sewage systems, making life miserable for the local population and rendering 97 percent of the drinking water toxic.
  • Paul Merrell on 23 May 18
     
    The last Freedom Flotilla was hijacked by Israel in international waters, leaving 9 Flotilla members dead and over 50 injured.
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