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Gary Edwards

Roger L. Simon » Is America in a Pre-Revolutionary State this July 4th? - 0 views

pjmedia.com/...a-in-a-pre-revolutionary-state

July-4th Roger-Simon American-Revolution Arab-Spring freedom-liberty

shared by Gary Edwards on 03 Jul 13 - No Cached
  • Gary Edwards on 03 Jul 13
     
    As we approach July 4, 2013, is America in a pre-revolutionary state? Are we headed for a Tahrir Square of our own with the attendant mammoth social turmoil, possibly even violence. Could it happen here? We are two-thirds of the way into the most incompetent presidency in our history. People everywhere are fed up. Even many of the so-called liberals who propelled Barack Obama into office have stopped defending him in the face of an unprecedented number of scandals coming at us one after the other like hideous monsters in some non-stop computer game. And now looming is the monster of monsters, ObamaCare, the healthcare reform almost no one wanted and fewer understood. It will be administered by the Internal Revenue Service, an organization that has been revealed to be a kind of post-modern American Gestapo, asking not just to examine our accounting books but the books we read . What could be more totalitarian than that? Meanwhile, the Wall Street Journal warns the costs of ObamaCare are close to tripling what were promised , and the number of doctors in our country is rapidly diminishing. No more "My son, the doctor!" It doesn't pay. And young people most of all will not be able to afford escalating health insurance costs and will end up paying the fine to the IRS, simultaneously bankrupting the health system and enhancing the brutal power of the IRS - all this while unemployment numbers remain near historical highs. No one knows how many have given up looking for work while crony capitalist friends of the administration enrich themselves on mythological clean-energy projects. In fact, everywhere we look on this July Fourth sees a great civilization in decline. And much of that decline can be laid at the foot of the incumbent. Especially his own people, African Americans, have suffered.  Their unemployment numbers are catastrophic, their real needs ignored while hustlers like Sharpton, Jackson, and, sadly, even the president fan the flames of non-exi
Paul Merrell

FBI Admits It Controlled Tor Servers Behind Mass Malware Attack | Threat Level | Wired.com - 0 views

www.wired.com/...freedom-hosting-fbi

surveillance state FBI Tor NSA

shared by Paul Merrell on 05 Oct 13 - No Cached
  • It wasn’t ever seriously in doubt, but the FBI yesterday acknowledged that it secretly took control of Freedom Hosting last July, days before the servers of the largest provider of ultra-anonymous hosting were found to be serving custom malware designed to identify visitors. Freedom Hosting’s operator, Eric Eoin Marques, had rented the servers from an unnamed commercial hosting provider in France, and paid for them from a bank account in Las Vegas. It’s not clear how the FBI took over the servers in late July, but the bureau was temporarily thwarted when Marques somehow regained access and changed the passwords, briefly locking out the FBI until it gained back control. The new details emerged in local press reports from a Thursday bail hearing in Dublin, Ireland, where Marques, 28, is fighting extradition to America on charges that Freedom Hosting facilitated child pornography on a massive scale. He was denied bail today for the second time since his arrest in July. Freedom Hosting was a provider of turnkey “Tor hidden service” sites — special sites, with addresses ending in .onion, that hide their geographic location behind layers of routing, and can be reached only over the Tor anonymity network. Tor hidden services are used by sites that need to evade surveillance or protect users’ privacy to an extraordinary degree – including human rights groups and journalists. But they also appeal to serious criminal elements, child-pornography traders among them.
  • The apparent FBI-malware attack was first noticed on August 4, when all of the hidden service sites hosted by Freedom Hosting began displaying a “Down for Maintenance” message. That included at least some lawful websites, such as the secure email provider TorMail. Some visitors looking at the source code of the maintenance page realized that it included a hidden iframe tag that loaded a mysterious clump of Javascript code from a Verizon Business internet address. By midday, the code was being circulated and dissected all over the net. Mozilla confirmed the code exploited a critical memory management vulnerability in Firefox that was publicly reported on June 25, and is fixed in the latest version of the browser. Though many older revisions of Firefox were vulnerable to that bug, the malware only targeted Firefox 17 ESR, the version of Firefox that forms the basis of the Tor Browser Bundle – the easiest, most user-friendly package for using the Tor anonymity network. That made it clear early on that the attack was focused specifically on de-anonymizing Tor users. Tor Browser Bundle users who installed or manually updated after June 26 were safe from the exploit, according to the Tor Project’s security advisory on the hack.
  • On August 4, all the sites hosted by Freedom Hosting — some with no connection to child porn — began serving an error message with hidden code embedded in the page. Security researchers dissected the code and found it exploited a security hole in Firefox to identify users of the Tor Browser Bundle, reporting back to a mysterious server in Northern Virginia. The FBI was the obvious suspect, but declined to comment on the incident. The FBI also didn’t respond to inquiries from WIRED today. But FBI Supervisory Special Agent J. Brooke Donahue was more forthcoming when he appeared in the Irish court yesterday to bolster the case for keeping Marques behind bars, according to local press reports. Among the many arguments Donahue and an Irish police inspector offered was that Marques might reestablish contact with co-conspirators, and further complicate the FBI probe. In addition to the wrestling match over Freedom Hosting’s servers, Marques allegedly dove for his laptop when the police raided him, in an effort to shut it down.
  • ...2 more annotations...
  • Perhaps the strongest evidence that the attack was a law enforcement or intelligence operation was the limited functionality of the malware. The heart of the malicious Javascript was a tiny Windows executable hidden in a variable named “Magneto.” A traditional virus would use that executable to download and install a full-featured backdoor, so the hacker could come in later and steal passwords, enlist the computer in a DDoS botnet, and generally do all the other nasty things that happen to a hacked Windows box. But the Magneto code didn’t download anything. It looked up the victim’s MAC address — a unique hardware identifier for the computer’s network or Wi-Fi card — and the victim’s Windows hostname. Then it sent it to a server in Northern Virginia server, bypassing Tor, to expose the user’s real IP address, coding the transmission as a standard HTTP web request.
  • The official IP allocation records maintained by the American Registry for Internet Numbers show the two Magneto-related IP addresses were part of a ghost block of eight addresses that have no organization listed. Those addresses trace no further than the Verizon Business data center in Ashburn, Virginia, 20 miles northwest of the Capital Beltway. The code’s behavior, and the command-and-control server’s Virginia placement, is also consistent with what’s known about the FBI’s “computer and internet protocol address verifier,” or CIPAV, the law enforcement spyware first reported by WIRED in 2007. Court documents and FBI files released under the FOIA have described the CIPAV as software the FBI can deliver through a browser exploit to gather information from the target’s machine and send it to an FBI server in Virginia. The FBI has been using the CIPAV since 2002 against hackers, online sexual predators, extortionists, and others, primarily to identify suspects who are disguising their location using proxy servers or anonymity services, like Tor. Prior to the Freedom Hosting attack, the code had been used sparingly, which kept it from leaking out and being analyzed.
  • Paul Merrell on 05 Oct 13
     
    Taking down the entire Freedom Hosting service because some content was kiddie porn is reminiscent of the U.S. government's proxy take-down of Mega-Upload in New Zealand. Such actions that disable legitimate users or deny access to their data are in my opinion violative of the 1st and 4th Amendments.  It suppresses the Freedom of Speech and seizes more than the 4th Amendment allows.  That our own government would use malware for surveillance purposes under any circumstance is just plain chilling.
Paul Merrell

FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl

surveillance state NSA pen-register 4th Amendment

shared by Paul Merrell on 20 Jun 13 - No Cached
  • SMITH v. MARYLAND, 442 U.S. 735 (1979)
  • The telephone company, at police request, installed at its central offices a pen register to record the numbers dialed from the telephone at petitioner's home. Prior to his robbery trial, petitioner moved to suppress "all fruits derived from" the pen register. The Maryland trial court denied this motion, holding that the warrantless installation of the pen register did not violate the Fourth Amendment. Petitioner was convicted, and the Maryland Court of Appeals affirmed. Held: The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required. Pp. 739-746. (a) Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347 . Pp. 739-741.
  • (b) Petitioner in all probability entertained no actual expectation of privacy in the phone numbers he dialed, and even if he did, his expectation was not "legitimate." First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed. Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information [442 U.S. 735, 736]   to the police, cf. United States v. Miller, 425 U.S. 435 . Pp. 741-746. 283 Md. 156, 389 A. 2d 858, affirmed.
  • Paul Merrell on 20 Jun 13
     
    The Washington Post has reported that "on July 15 [2001], the secret surveillance court allowed the NSA to resume bulk collection under the court's own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as "pen register, trap and trace," that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line." .  The seminal case on pen registers is the Supreme Court's 1979 Smith v. Maryland decision, bookmarked here and the Clerk's syllabus highlighted, with the Court's discussion on the same web page. We will be hearing a lot about this case decision in the weeks and months to come.  Let it suffice for now to record a few points of what my antenna are telling me:  -- Both technology and the law have moved on since then. We are 34 years down the line from the Smith decision. Its pronouncements have been sliced and diced by subsequent decisions. Not a single Justice who sat on the Smith case is still on the High Bench.   -- In Smith, a single pen register was used to obtain calling information from a single telephone number by law enforcement officials. In the present circumstance, we face an Orwellian situation of a secret intelligence agency with no law enforcement authority forbidden by law from conducting domestic surveillance perusing and all digital communications of the entire citizenry. -- The NSA has been gathering not only information analogous to pen register results but also the communications of American citizens themselves. The communications themselves --- the contents --- are subject to the 4th Amendment warrant requirement. Consider the circuitous route of the records ordered to be disclosed in the Verizon FISA order. Verizon was ordered to disclose them to the FBI, not to the NSA. But then the FBI apparently forwards the records to the NSA, who has both the "pen register
Gary Edwards

Feds confiscate investigative reporter's confidential files during raid | The Daily Caller - 3 views

dailycaller.com/...confidential-files-during-raid

Audrey-Hudson Whistleblower-Protection-Act

shared by Gary Edwards on 26 Oct 13 - No Cached
  • A veteran Washington D.C. investigative journalist says the Department of Homeland Security confiscated a stack of her confidential files during a raid of her home in August — leading her to fear that a number of her sources inside the federal government have now been exposed. In an interview with The Daily Caller, journalist Audrey Hudson revealed that the Department of Homeland Security and Maryland State Police were involved in a predawn raid of her Shady Side, Md. home on Aug. 6. Hudson is a former Washington Times reporter and current freelance reporter. A search warrant obtained by TheDC indicates that the August raid allowed law enforcement to search for firearms inside her home.
  • But without Hudson’s knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said. Outraged over the seizure, Hudson is now speaking out. She said no subpoena for the notes was presented during the raid and argues the confiscation was outside of the search warrant’s parameter. “They took my notes without my knowledge and without legal authority to do so,” Hudson said this week. “The search warrant they presented said nothing about walking out of here with a single sheet of paper.”
  • After the search began, Hudson said she was asked by an investigator with the Coast Guard Investigative Service if she was the same Audrey Hudson who had written a series of critical stories about air marshals for The Washington Times over the last decade. The Coast Guard operates under the Department of Homeland Security.
  • Paul Merrell on 26 Oct 13
     
    If reality is as stated, the reporter has a pretty strong civil rights case against the government officials who knowingly participated in the theft and retention of the reporter's notes, two distinct conspiracies. Under the 4th Amendment, officers executing a search and seizure warrant may lawfully seize the items particularly described in the warrant and any other evidence of crime that is in plain view during the search. It's a big push of credibility to argue that reading documents stored in a bag in search for a gun falls within the "plain view" doctrine. The officer could instead just reach his hand into the bag and feel around for a gun. Quite a few extra steps involved in removing the documents and reading them simply to determine whether the bag contains a gun. Add in the facts that: [i] the supposed recognition of government documents argument does not explain why the officers seized personal handwritten notes too; and [ii] the evidence that the officer who discovered the docs had learned that the reporter was one who had called the conduct of his agency into question, and it comes out smelling a lot more like an attempt to discover the reporters' sources than a legitimate search for guns when the bag was searched.   Only one side heard from so far, of course. But this sounds more like low-level government officials who were ignorant of their legal obligations than a White House-driven scandal. But I wouldn't want to be the government lawyer who authorized the retention of the seized notes and other documents. They should have been returned without retaining copies the instant the lawyer learned of the circumstances of their seizure. There's not only a 4th Amendment liberty interest but also a 1st Amendment freecdom to communicate anonymously right protecting those documents and notes. 
  • ...1 more comment...
  • Gary Edwards on 26 Oct 13
     
    I listened to an interview with Audrey Hudson last night. It seems to me the key fact is in this clip; "But without Hudson's knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said." Audrey had written a series of articles describing how the Homeland Security and Transportation agency had been lying about air marshalls and the post 911 program to secure passenger flights. The documents that were stolen listed her sources - the whistle blowers inside the Homeland Security administration who leaked information about the lies and the many problems with the program that the Obama administration was covering up. This sounds to me like another example of Obama hunting down and persecuting whistleblowers. A direct violation of the 1989 - 2007 Whistleblower Protection Act. Not surprisingly, Ms Hudson had not tried to contact any of her whistleblowing sources for fear that the NSA would be watching and that this persecution would happen. Interestingly, the warrant was to seize a "potato launcher". No kidding! It seems Ms. Hudson's husband had, at one time been a licensed arms dealer. He lost that license having sold a gun with faulty paperwork. This event had occurred years earlier, and Mr. Hudson had long since moved on and was currently working for the Coast Guard as an outside contractor/consultant. So they seized the toy "potato launcher", as described in the warrant. But they also ransacked the home looking for the key documents that listed Ms Hudson's inside Homeland Security sources behind her air marshal scandal articles. These documents were the only items seized - other than the "potato launcher" that was the only item listed in the warrant. Seems we've been here before. From wikipedia, the story of Friedrich Gustav Emil Martin Niemöller: ........................... Arrested on 1 July 1937, N
  • Gary Edwards on 26 Oct 13
     
    "But without Hudson's knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said."
  • Paul Merrell on 26 Oct 13
     
    What troubles me the most about this event, assuming the truth of what's reported, is how well known the limitations on execution of a search warrant are within the law enforcement community. If it happened as described, it seems very unlikely that the officer who grabbed the documents did not know he was violating the 4th Amendment. Ditto for the lawyer or other official(s) who learned of what went down shortly thereafter, but kept the documents anyway. There's an arrogance that goes with government and corporate officials who don't have to personally pay damage awards. With no personal monetary liability (in reality, since the government or corporation picks up the tab), it becomes a matter of personal ethics and whether the misbehavior will anger or please the boss. If the ethics are weak, that becomes a pretty simple choice.
Paul Merrell

Saudi Arabia in Search of a New Course | nsnbc international - 0 views

nsnbc.me/...abia-in-search-of-a-new-course

war & peace economic war Saudis oil-prices Syria

shared by Paul Merrell on 19 Oct 15 - No Cached
  • Saudi Arabia, one of the wealthiest countries in the world, is experiencing serious financial problems. The ongoing plummeting of oil prices is forcing the Saudis to be more careful with money. Tens of billions of dollars invested abroad are making a return to the kingdom. In July 2015, Saudi Arabia’s authorities, for the first time in 8 years, issued governmental bonds worth $4 bn.
  • Bloomberg reports that Saudi Arabia has already withdrawn $50-70 bn, which it had previously invested worldwide through management companies. It is noteworthy that the country has been withdrawing funds for the past six months. For example, Saudi Arabia’s SAMA Foreign Holdings reached its maximum in August 2014, having amounted to $737 bn. But since then, the fund has been shrinking because oil prices have dropped more than twice in this period. Saudi Arabia’s budget deficit is forecast to reach 20%; however, reduction of expenditures still remains a sensitive topic. In the context of the continuous fall in oil prices, Riyadh has worked out a plan to gradually reduce public spending to cope with a sharp decrease in budget revenues caused by the slumping oil prices. For example, Saudi Arabia’s Ministry of Finance has issued an order prescribing all state companies to temporary stop hiring new employees and launching new projects until the end of the fiscal year. In addition, the government procurement of new cars and furniture has also been put on hold as well as the signing and approval of new lease agreements for state institutions and enterprises. The expropriation of plots of land for the purpose of the subsequent extraction of oil has also been suspended throughout the country. The Ministry of Finance has, at the same time, demanded an acceleration in the collection procedure of oil revenues.
  • “To prove that the country indeed has a sound fiscal discipline, the government has to take steps to cut expenditures in the 4th quarter. Subsequently Saudi Arabia will be compelled to find new ways to reduce expenditures and boost efficiency in order to assure there will be no budget deficit in 2016,” John Sfakianakis, Director of the Middle East Division of the Ashmore Group, said in his interview to Bloomberg. It should be pointed out in that regard that oil revenues comprise about 90% of Saudi Arabia’s budget, and the landslide of oil prices of over 40% within the last 12 months adversely affected the country’s financial standing. And, although the kingdom’s debt burden remains one of the lowest in the world (less than 2% of the GDP), the kingdom’s international assets have been consistently shrinking for the last nine months and reached a two year minimum. This situation directly influences the policy of OPEC since Saudi Arabia (which extracts almost 30% of the OPEC’s oil, positions itself as an extremely influential raw material supplier, maintains powerful military forces, and has its own global ambitions, immense resources and substantial diplomatic experience) de facto plays the role of the shadow leader of this organization. At times siding with the US, and then pursuing its own interests, the kingdom has assumed such an influential position in the international community that other countries revere its opinion, and as for the last oil crisis, Saudi Arabia is seen as its key player.
  • ...3 more annotations...
  • And, based on the information provided by the international mass media, the Saudi leadership has split in their opinion on whether to continue funding Syria or to begin reducing their financial commitment. “Riyadh is facing a choice: to give more support to the moderate opposition or to look for a compromise,” an American expert on national security, James Farvell, wrote in The National Interest. The expert explained that if Saudis offer more support, that would trigger a confrontation with Russia, but if they side with Moscow, Russia’s regional influence might be reinforced and that might, in turn, challenge Saudi Arabia’s interests. Because of this dilemma, controversial information regarding Saudi’s decisions are appearing in the press. On the one hand, Saudi Arabia was one of the first to condemn Russia after the beginning of the Russian military operation in Syria on September 30. It accused Russia of bombing the troops of moderate opposition instead of ISIS. “These attacks resulted in the deaths of numerous innocent victims. We call for a stop it immediately,” demagogically and groundlessly said the representative of Saudi Arabia Abdallah al-Muallimi in the UN. Simultaneously 53 religious leaders signed an online appeal to support a jihad against the Syrian authorities as well as the presence of Russia and Iran in this country. They appealed to the countries of the Muslim world to render “moral, financial, military and political support to those who are called the ‘holy warriors of Syria’.” The authors of the appeal explicitly stated that if they fail, the other Sunni states in the region, and, first of all, Saudi Arabia will be the next victims.
  • With reference to a high-ranking Saudi official who wished to remain anonymous, the BBC stated that armed groups of the so-called moderate opposition would receive new, high-tech weapons, including tank destroyers. Jaish al-Fath, The Free Syrian Army and The Southern Front moderate opposition groups will also receive support. According to the source, it is quite likely that the “moderate opposition” in Syria will receive surface-to-air systems as well. Keeping in mind that Russia is carrying out air strikes across not only the facilities of ISIS, but also the above listed groups, a scenario when Saudis turn their weapon against Russian aviation is quite possible. On the other hand, a curious document, apparently a copy of the instructions issued for the embassies of Saudi Arabia in the Middle Eastern countries, has been uploaded to the Internet. The main idea of the documents is that all the diplomatic representative offices should gradually cease financial support of the armed Syrian opposition, apparently owing to the low efficiency of militants’ activities. The authenticity of the document raises certain doubts, as is always the case with such documents. However, specialists in the Arabic language concluded that the text was written by a native speaker, and that the document’s design conforms to the style adopted in Saudi Arabia. It shouldn’t be ruled out that the drying up of the source of funding, that militants used to receive from the Saudis, against the backdrop of a certain degree of success of the government troops as well as the increasing military and technical assistance to Syria on the part of Russia, have convinced many “oppositionists” to surrender and change masters. This process is expected to only accelerate in the future.
  • On Sunday, October 11, the Defense Minister, Mohammed bin Salman, visited Sochi. The search for common ground on the issues related to the situation in Syria was the main theme of the meeting held by the son of the Saudi king and Vladimir Putin. The parties also discussed the prospects of their economic cooperation. And, since Saudi Arabia is currently experiencing certain financial difficulties and is in the “clutches” of economic uncertainty, this topic was of a special interest. It was the second visit to the Russian Federation of the Saudi prince, who currently carries out sensitive missions related to the complex relations between the two countries. It should be noted that King of Saudi Arabia Salman bin Abdulaziz Al Saud has been admitted to hospital in a critical condition and is currently being kept in the intensive care unit of the King Faisal royal hospital in Riyadh.
Paul Merrell

Farsnews - 0 views

english.farsnews.com/newstext.aspx

war & peace Iran navy U.S.-maritime-borders negotiations Iranian-nukes-myth

shared by Paul Merrell on 09 Feb 14 - No Cached
  • "The Iranian Army's naval fleets have already started their voyage towards the Atlantic Ocean via the waters near South Africa," Commander of Iran's Northern Navy Fleet Admiral Afshin Rezayee Haddad announced on Saturday. The admiral, who is also the commander of the Iranian Army's 4th Naval Zone said, "Iran's military fleet is approaching the United States' maritime borders, and this move has a message." In September 2012, Iran's Navy Commander Rear Admiral Habibollah Sayyari reiterated Iran's plans for sailing off the US coasts to counter the US presence in its waters in the Persian Gulf. Sayyari had earlier informed of Tehran's plans to send its naval forces to the Atlantic to deploy along the US marine borders, and in September 2012 he said that this would happen "in the next few years". The plan is part of Iran's response to Washington's beefed up naval presence in the Persian Gulf. The US Navy's 5th fleet is based in Bahrain - across the Persian Gulf from Iran - and the US has conducted two major maritime war games in the last two years.
  • In September 2011, Sayyari had announced that the country planned to move vessels into the Atlantic Ocean to start a naval buildup "near maritime borders of the United States". "Like the arrogant powers that are present near our maritime borders, we will also have a powerful presence close to the American marine borders," Sayyari said. Speaking at a ceremony marking the 31st anniversary of the start of the 1980-1988 war with Iraq, Sayyari gave no details of when such a deployment could happen or the number or type of vessels to be used. Sayyari had first announced in July, 2011 that Iran was going to send "a flotilla into the Atlantic".
  • Paul Merrell on 09 Feb 14
     
    Iran adds to its leverage in negotiations with the U.S. over the Iranian nukes myth.  Should the U.S. decide to launch missiles against Iran, Iran will be positioned to launch a few of its own at the U.S. East Coast before the Iranian naval forces are neutralized.
Paul Merrell

If Bruce Schneier ran the NSA, he'd ask a basic question: "Does it do any good?" | Ars ... - 0 views

arstechnica.com/...c-question-does-it-do-any-good

surveillance state NSA constitutional law 4th Amendment

shared by Paul Merrell on 09 Aug 13 - No Cached
  • Similarly, the ACLU’s Jameel Jaffer testified before the Senate Judiciary Committee (PDF) on July 31, 2013: But the Fourth Amendment is triggered by the collection of information, not simply by the querying of it. The NSA cannot insulate this program from Fourth Amendment scrutiny simply by promising that Americans’ private information will be safe in its hands. The Fourth Amendment exists to prevent the government from acquiring Americans’ private papers and communications in the first place. Because the metadata program vacuums up sensitive information about associational and expressive activity, it is also unconstitutional under the First Amendment. The Supreme Court has recognized that the government’s surveillance and investigatory activities have an acute potential to stifle association and expression protected by the First Amendment.
Paul Merrell

FBI, CIA Use Backdoor Searches To Warrentlessly Spy On Americans' Communications | Tech... - 0 views

www.techdirt.com/...ications-without-warrant.shtml

surveillance state NSA CIA FBI Wyden NSA-backdoors PCLOB

shared by Paul Merrell on 01 Jul 14 - No Cached
  • The other shoe just dropped when it comes to how the federal government illegally spies on Americans. Last summer, the details of the NSA's "backdoor searches" were revealed. This involved big collections of content and metadata (so, no, not "just metadata" as meaningless as that phrase is) that were collected under Section 702 of the FISA Amendments Act (FAA). This is part of the program that the infamous PRISM effort operates under, and which allows the NSA to collect all sorts of content, including communications to, from or about a "target" -- where a "target" can be incredibly loosely defined (i.e., it can include groups or machines or just about anything). The "backdoor searches" were a special loophole added in 2011 allowing the NSA to make use of "US person names and identifiers as query terms." In the past, it had been limited (as per the NSA's mandate) to only non-US persons.
  • This morning, James Clapper finally responded to a request from Senator Ron Wyden concerning the number of such backdoor searches using US identifiers that were done by various government agencies. And, surprisingly, it's redaction free. The big reveal is... that it's not just the NSA doing these searches, but the CIA and FBI as well. This is especially concerning with regards to the FBI. This means that the FBI, who does surveillance on Americans, is spying on Americans communications that were collected by the NSA and that they're doing so without anything resembling a warrant. Oh, and let's make this even worse: the FBI isn't even tracking how often it does this. It's just doing it willy nilly:
  • Got that? Basically, the FBI often asks the NSA for a big chunk of data that the NSA probably shouldn't have in the first place -- including tons of Americans' communications, and the FBI gets to dump it into the same database that it is free to query. And the FBI tracks none of this, other than to say that it believes that there are a "substantial" number of such queries. This would seem to be a pretty blatant attempt to end run around the 4th Amendment, giving the FBI broad access to searching through the communications of Americans with what appears to be almost no oversight. Yikes! Oh, and it's not just the NSA, but the CIA as well. Remember, the CIA is not supposed to be doing any surveillance on US persons (like the NSA), but that's not what's happening at all. At least the CIA tracks some (but not all) of its abuse of backdoor searches:
  • ...5 more annotations...
  • The FBI does not track how many queries it conducts using U.S. person identifiers. The FBI is responsible for identifying and countering threats to the homeland, such as terrorism pilots and espionage, inside the U.S. Unlike other IC agencies, because of its domestic mission, the FBI routinely deals with information about US persons and is expected to look for domestic connections to threats emanating from abroad, including threats involving Section 702 non-US. person targets. To fulfill its mission and avoid missing connections within the information lawfully in its possession, the FBI does not distinguish between U.S. and non- U.S. persons for purposes of querying Section 702 collection. It should be noted that the FBI does not receive all of Section 702 collection; rather, the FBI only requests and receives a small percentage of total Section 702 collection and only for those selectors in which the FBI has an investigative interest. Moreover, because the FBI stores Section 702 collection in the same database as its "traditional" FISA collection, a query of "traditional" FISA collection will also query Section 702 collection. In addition, the FBI routinely conducts queries across its databases in an effort to locate relevant information that is already in its possession when it opens new national security investigations and assessments. Therefore, the FBI believes the number of queries is substantial. However, only FBI personnel trained in the Section 702 minimization procedures are able to View any Section 702 collection that is responsive to any query.
  • In calendar year 2013, CIA conducted fewer than 1900 queries of Section 702-acquired communications using specific U.S. person identifiers as query terms or other more general query terms if they are intended to return information about a particular U.S. person. Of that total number approximately 40% were conducted as a result of requests for counterterrorism-related information from other U.S. intelligence agencies. Approximately 27% of the total number are duplicative or recurring queries conducted at different times using the same identifiers but that CIA nonetheless counts as separate queries. CIA also uses U.S. person identifiers to conduct metadata-only queries against metadata derived from the FISA Section 702 collection. However, the CIA does not track the number of metadata-only queries using U.S. person identifiers.
  • So, the CIA is doing these kinds of warrantless fishing expeditions into the communications of Americans as well, but at least the CIA tracks how often it's doing so. Of course, when it comes to metadata searches, the CIA doesn't bother. It's also a bit bizarre that the CIA is apparently carrying out a bunch of those searches for "other U.S. intelligence agencies," when the CIA should be especially limited in its ability to do these searches in the first place. Senator Wyden has responded to these revelations by pointing out how "flawed" the oversight system is that these have been allowed:
  • When the FBI says it conducts a substantial number of searches and it has no idea of what the number is, it shows how flawed this system is and the consequences of inadequate oversight. This huge gap in oversight is a problem now, and will only grow as global communications systems become more interconnected. The findings transmitted to me raise questions about whether the FBI is exercising any internal controls over the use of backdoor searches including who and how many government employees can access the personal data of individual Americans. I intend to follow this up until it is fixed.
  • Hopefully, now you are starting to recognize what a big deal it was last week when the House of Representatives recently voted to defund the ability to do these kinds of backdoor searches. Still, much more needs to be done. Oh, and in case you're wondering why Clapper finally 'fessed up to the FBI and CIA making use of these data to warrantlessly spy on Americans, it's worth noting that the Privacy and Civil Liberties Oversight Board (PCLOB) is expected to come out with its report on the Section 702 surveillance program on July 2nd (7/02, get it?). It seems likely that the report will discuss these backdoor searches on Americans and how other agencies besides the NSA has been involved in the practice.
  • Paul Merrell on 01 Jul 14
     
    Note to self: Look for the new PCLOB report in the morning. 
Paul Merrell

Virtual Economy's Phantom Job Gains Are Based on Statistical Fraud. And More Fraud Is i... - 0 views

www.globalresearch.ca/...5390330

banksters oligarchy employment stats

shared by Paul Merrell on 09 Jul 14 - No Cached
  • Washington can’t stop lying.  Don’t be convinced by last Thursday’s job report that it is your fault if you don’t have a job. Those 288,000 jobs and 6.1% unemployment rate are more fiction than reality.  In his analysis of the June Labor Data from the Bureau of Labor Statistics, John Williams (www.ShadowStats.com) wrote that the 288,000 June jobs and 6.1% unemployment rate  are “far removed from common experience and underlying reality.” Payrolls were overstated by “massive, hidden shifts in seasonal adjustments,” and the Birth-Death model added the usual phantom jobs.  Williams reports that “the seasonal factors are changed each and every month as part of the concurrent seasonal-adjustment process, which is tantamount to a fraud,” as the changes in the seasonal factors can inflate the jobs number.  While the headline numbers always are on a new basis, the prior reporting is not revised so as to be consistent.
  • The monthly unemployment rates are not comparable, so one doesn’t know whether the official U.3 rate (the headline rate that the financial press reports) went up or down. Moreover, the rate does not count discouraged workers who, unable to find a job, cease looking. To be counted among the U.3 unemployed, the person must have actively looked for work during the four weeks prior to the survey. The U.3 rate automatically declines as people who have been unable to find jobs cease trying to find one and thereby cease to be counted as unemployed. There is a second official measure of unemployment that includes people who have been discouraged for less than one year. That rate, known as U.6, is seldom reported and is double the 6.1% rate. Since 1994 there has been no official measure than includes discouraged people who have not looked for a job for more than a year. Including all discouraged workers produces an unemployment rate that currently stands at 23.1%, almost four times the rate that the financial press reports.
  • What you can take away from this is the opposite of what the presstitute media would have you believe.  The measured rate of unemployment can decline simply because large numbers of the unemployed become discouraged workers, cease looking for work, and cease to be counted in the U.3 and U.6 measures of the unemployment rate.   The decline in the employment-population ratio from 63% prior to the 2008 downturn to 59% today reflects the growth in discouraged workers.  Indeed, the ratio has not recovered its previous level during the alleged recovery, an indication that the recovery is an illusion created by the understated measure of inflation that is used to deflate nominal GDP growth.
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  • Insurance (most likely the paperwork of Obamacare) contributed 8,500 jobs. As so few can purchase homes, “real estate rental and leasing” contributed 8,500 jobs. Professional and business services contributed 67,000 jobs, but 57% of these jobs were in employment services, temporary help services, and services to buildings and dwellings.   That old standby, education and health services, accounted for 33,700 jobs consisting mainly of ambulatory health care services jobs and social assistance jobs of which three-quarters are in child day care services.   The other old standby, waitresses and bartenders, gave us 32,800 jobs, and amusements, gambling, and recreation gave us 3,500 jobs.
  • In other words, the economy did not gain 288,000 new jobs last month.   But let’s assume the economy did gain 288,000 jobs and exam where the claimed jobs are reported to be. Of the alleged 288,000 new jobs, 16,000, or 5.5 percent are in manufacturing, which is not very promising for engineers and blue collar workers.  Growth in goods producing jobs has almost disappeared from the US economy.  As explained below, to alter this problem the government is going to change definitions in order to artificially inflate manufacturing jobs. In June private services account for 82 percent of the supposed new jobs.  The jobs are found mainly in non-tradable domestic services that pay little and cannot be exported to help to close the large US trade deficit. Wholesale and retail trade account for 55,300 jobs.  Do you believe sales are this strong  when retailers are closing stores and when shopping malls are closing?
  • Another indication that there has been no recovery is that Sentier Research’s index of real median household income continued to decline for two years after the alleged recovery began in June 2009.   There has been a slight upturn in real median household income since June 2011, but income remains far below the pre-recession level.   The Birth-Death model adds an average of 62,000 jobs to the reported payroll jobs numbers each month. This arbitrary boost to the payroll jobs numbers is in addition to the Bureau of Labor Statistics’ underlying assumption that unreported jobs lost to business failures are matched by unreported new jobs from new business startups, an assumption that does not well fit an economy that fell into recession and is unable to recover.   John Williams concludes that in current BLS reporting, “the aggregate average overstatement of employment change easily exceeds 200,000 jobs per month.”
  • Local government, principally education, gave us 22,000 jobs.   So, where are the jobs for university graduates?  They are practically non-existent. Think of all the MBAs, but June had only 2,300 jobs for management of companies and enterprises. Think of the struggle to get into law and medical schools.  There’s no job payoff. June had jobs for 1,200 in legal services, which includes receptionists and para-legals.  Where are all the law school graduates finding jobs? Offices of physicians (mainly people who fill out the mandated paperwork and comply with all the regulations, which have multiplied under ObamaCare) hired 4,000 people.  Outpatient care centers hired 700 people.  Nursing care facilities hired 2,400 people.  So where are the jobs for the medical school graduates? Aside from all the exaggerations in the jobs numbers of which ShadowStats.com has informed us, just taking the jobs as reported, what kind of economy do these jobs indicate:  a superpower whose pretensions are to exercise hegemony over the world or an economy in which opportunities are disappearing and incomes are falling?
  • Do you think that this jobs picture would be the same if the government in Washington cared about you instead of the mega-rich? Some interesting numbers can be calculated from table A.9 in the BLS press release.  John Williams advises that the BLS is inconsistent in the methods it uses to tabulate the data in table A.9 and that the data is also afflicted by seasonal adjustment problems.  However, as the unemployment rate and payroll jobs are reported regardless of their problems, we can also report the BLS finding that in June 523,000 full-time jobs disappeared and 800,000 part time jobs appeared. Here, perhaps, we have yet another downside of the misnamed Obama “Affordable Care Act.”  Employers are terminating full-time employment and replacing the jobs with part-time employment in order to come in under the 50-person full time employment that makes employers responsible for fringe benefits such as health care. Americans are already experiencing difficulties making ends meet, despite the alleged “recovery.”  If yet another half million Americans have been forced onto part-time pay with consequent loss of health care and other benefits, consumer demand is further compressed, with the consequence, unless hidden by statistical trickery, of a 2nd quarter negative GDP and thus officially the reappearance of recession.
  • What will the government do if a recession cannot be hidden?  If years of unprecedented money printing and Keynesian fiscal deficits have not brought recovery, what will bring recovery?  How far down will US living standards fall for the 99% in order that the 1% can become ever more mega-rich while Washington wastes our diminishing substance exercising hegemony over the world? Just as Washington lied to you about Saddam Hussein’s weapons of mass destruction, Assad’s use of chemical weapons, Russian invasion of Ukraine, Waco, and any number of false flag or nonexistent attacks such as Tonkin Gulf, Washington lies to you about jobs and economic recovery.  Don’t believe the spin that you are unemployed because you are shiftless and prefer government handouts to work.  The government does not want you to know that you are unemployed because the corporations offshored American jobs to foreigners and because economic policy only serves the oversized banks and the one percent. Just as the jobs and inflation numbers are rigged and the financial markets are rigged, the corrupt Obama regime is now planning to rig US manufacturing and trade statistics in order to bury all evidence of offshoring’s adverse impact on our economy.
  • The federal governments Economic Classification Policy Committee has come up with a proposal to redefine fact as fantasy in order to hide offshoring’s contribution to the US trade deficit, artificially inflate the number of US manufacturing jobs, and redefine foreign-made manufactured products as US manufactured products.  For example, Apple iPhones made in China and sold in Europe would be reported as a US export of manufactured goods. Read Ben Beachy’s important report on this blatant statistical fraud in CounterPunch’s July 4th weekend edition: http://www.counterpunch.org/2014/07/04/we-didnt-offshore-manufacturing/ China will not agree that the Apple brand name means that the phones are not Chinese production. If the Obama regime succeeds with this fraud, the iPhones would be counted twice, once by China and once by the US, and the double-counting would exaggerate world GDP. For years I have exposed the absurd claim that offshoring is merely the operation of free trade, and I have exposed the incompetent studies by such as Michael Porter at Harvard and Matthew Slaughter at Dartmouth that claimed to prove that the US was benefitting from offshoring its manufacturing.  My book published in 2012 in Germany and in 2013 in the US, The Failure of Laissez Faire Capitalism and Economic Dissolution of the West, proves that offshoring has dismantled the ladders of upward mobility that made the US an opportunity society and is responsible for the decline in US economic growth. The lost jobs and decline in the middle class has contributed to the rise in income inequality, the destruction of tax base for cities and states, and loss of population in America’s once great manufacturing centers.
  • For the most part economists have turned a blind eye. Economists serve the globalists.  It pays them well. The corruption in present-day America is total. Psychologists and anthropologists serve war and torture. Economists serve globalism and US financial hegemony. Physicists and chemists serve the war industries. Physicists and computer geeks serve NSA. The media serves the government and the corporations. The political parties serve the six powerful private interest groups that rule the country. No one serves truth and liberty. I predict that within ten years truth and liberty will be forbidden words uttered only by “domestic extremists” who are a threat that must be exterminated without due process of law. America has left us.  We now have the tyranny of the Orwellian state that rules, not by the ballot box and Constitution, but by force and propaganda.
Paul Merrell

America Is Guilty if We Don't Prosecute Obama Washington's Blog - 0 views

www.washingtonsblog.com/...ilty-dont-prosecute-obama.html

impeachment Obama Democratic-party

shared by Paul Merrell on 17 Jul 14 - No Cached
  • I write both as a Democrat (which Barack Obama merely claims to be, but shows by his actions that he is not) and as an American (which he, unfortunately, actually is, but which Republicans often deny), in the hope of preserving the honor not just of my Country, but of my Party, both of which he violates routinely. When President Obama refused to allow the prosecution of George W. Bush and Dick Cheney for their manifest crimes, after they had been in office (their having lied this country into invading a country that was no imminent threat to the United States, tortured people, violated the 4th Amendment by unleashing the NSA against the American public, unleashed Wall Street crooks against the American people via MBS frauds, etc.), Obama thereby took upon himself Bush’s and Cheney’s crimes, as being his own. Those crimes still need to be prosecuted — now by America prosecuting Obama himself, for his covering them up: he still does it, after all of these years. Those crimes are no less heinous and, indeed, no less treasonous, now that a so-called “Democrat” is hiding them, than they were when his self-acknowledged Republican predecessors, and now in some cases even the fake “Democrat” Obama himself, were and have been and still are perpetrating them.
  • On 11 July 2014, Rebecca Gordon at rinf.com bannered, “America: Where the ‘Good Guys’ Torture,” and she noted that: There are several important reasons why the resurgence of torture remains a possibility in post-Bush America:     Torture did not necessarily end when Obama took office.     We have never had a full accounting of all the torture programs in the “war on terror.”     Not one of the senior government officials responsible for activities that amounted to war crimes has been held accountable, nor were any of the actual torturers ever brought to court. She documented each one of her points, the last two of which are urgent indicators of the necessity for Democrats (yes, Democrats, since Obama claims to be one of us) to bring forth in the U.S. House of Representatives an impeachment resolution and proceedings against the worst “Democratic” President in U.S. history, or else we shall be implicitly accepting his crimes as being unpunished crimes by our Party, in the person of Obama, just like the Republican Party accepts Bush’s and Cheney’s crimes as being unpunished crimes by their Party, in the persons of Bush and Cheney. And, if Obama’s crimes are acceptable by our Party, then our Party is an embarrassment to our country and should be dissolved,
  • However, there are two more reasons why Obama needs to be impeached, removed from office, and then prosecuted for treason: PROTECTING BANKSTERS:
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  • PERPETRATING ETHNIC CLEANSING ABROAD: Finally, just as President Bush defiled the Presidency by unwarrantedly invading Iraq in 2003 and lying through his teeth all the way there and afterward about it, Obama has defiled the Presidency in 2014 by overthrowing the democratically elected President of Ukraine and lying through his teeth all the way and afterward, about that. And Obama’s crime in Ukraine is even worse than Bush’s crime in Iraq, because it’s much more dangerous, with even bigger stakes and risks (all of which are purely downside for both the American and the Ukrainian peoples — much as Bush’s Iraq-invasion also was, for both Americans and Iraqis).
  • DO-OR-DIE TIME FOR DEMOCRATS: If Democrats don’t initiate impeachment proceedings against Obama, then the Democratic Party will be at least as dishonored as the Republican Party is after George W. Bush, for their protecting him; and I, for one, will quit it and urge its replacement, hoping for a leader like Abraham Lincoln to emerge, who had quit the Whig Party and who succeeded at replacing it by the new (and, tragically, only briefly progressive) Republican Party (which tragically then became taken over by northern aristocrats the very moment when Lincoln was assassinated). Either Democrats need to retake our Party, or else to end it, now. We have tolerated Obama’s outrages too long, as it is. For Democrats to retake the Party, requires Democrats to impeach President Obama.
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