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Paul Merrell

Tomgram: Engelhardt, A Surveillance State Scorecard | TomDispatch - 0 views

  • Given how similar they sound and how easy it is to imagine one leading to the other, confusing omniscience (having total knowledge) with omnipotence (having total power) is easy enough.  It’s a reasonable supposition that, before the Snowden revelations hit, America’s spymasters had made just that mistake.  If the drip-drip-drip of Snowden’s mother of all leaks -- which began in June and clearly won’t stop for months to come -- has taught us anything, however, it should be this: omniscience is not omnipotence.  At least on the global political scene today, they may bear remarkably little relation to each other.  In fact, at the moment Washington seems to be operating in a world in which the more you know about the secret lives of others, the less powerful you turn out to be.
  • In short, if the NSA’s surveillance lineup was classic New York Yankees, their season is shaping up as a last-place finish. Here, then, is the bottom line of the scorecard for twenty-first century Washington: omniscience, maybe; omnipotence, forget it; intelligence, not a bit of it; and no end in sight.
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    Tom Engelhardt steps back far enough to look at the big picture of the U.S. government surveillance establishment and brilliantly fleshes out its lineup and scorecard. A powerful reminder of the old wisdom: "Military intelligence isn't." Or more formally, "'military intelligence' is a logical contradiction between two terms." See e.g., http://en.wikipedia.org/wiki/Contradiction
Paul Merrell

Vienna Convention on Diplomatic Relations - Wikipedia, the free encyclopedia - 0 views

  • The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity.
  • Article 22. The premises of a diplomatic mission, such as an embassy, are inviolate and must not be entered by the host country except by permission of the head of the mission. Furthermore, the host country must protect the mission from intrusion or damage. The host country must never search the premises, nor seize its documents or property. Article 30 extends this provision to the private residence of the diplomats. Article 27. The host country must permit and protect free communication between the diplomats of the mission and their home country. A diplomatic bag must never be opened even on suspicion of abuse. A diplomatic courier must never be arrested or detained.
  • The treaty is an extensive document, containing 53 articles. Following is a basic overview of its key provisions.[2]
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  • Article 37. The family members of a diplomat that are living in the host country enjoy most of the same protections as the diplomats themselves.
  • Original text related to this article Diplomatic Relations Protocols The Vienna Convention on Diplomatic Relations 50th Anniversary Website Created by the 2011 VCDR 50th Anniversary Project Introductory note by Eileen Denza, procedural history note and audiovisual material on the Vienna Convention on Diplomatic Relations in the Historic Archives of the United Nations Audiovisual Library of International Law Lecture by Eileen Denza entitled Diplomatic and Consular Law – Topical Issues in the Lecture Series of the United Nations Audiovisual Library of International Law Lecture by John Dugard entitled Diplomatic Protection in the Lecture Series of the United Nations Audiovisual Library of International Law
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    Remember the NSA's electronic surveillance of foreign embassies and diplomats around the world and of U.N. missions and diplomats? The Vienna Convention on Diplomatic Relations is the governing international law. I've just completed reading the entire treaty but will highlight portions from its Wikipedia entry instead.  Disputes involving the treaty are decided by the International Court of Justice.  The treaty itself goes into far more detail, but suffice it to say that the NSA's electronic surveillance of diplomats and their staff is beyond doubt in direct conflict with both the letter and the spirit of the treaty. The inviolability privacy of diplomats and staff communications with each other and with their government is an obligation of the host nation. The U.S. committed a serious breach of the treaty by intercepting communications in this circumstance. 
Paul Merrell

Door May Open for Challenge to Secret Wiretaps - NYTimes.com - 0 views

  • Five years after Congress authorized a sweeping warrantless surveillance program, the Justice Department is setting up a potential Supreme Court test of whether it is constitutional by notifying a criminal defendant — for the first time — that evidence against him derived from the eavesdropping, according to officials.
  • Prosecutors plan to inform the defendant about the monitoring in the next two weeks, a law enforcement official said. The move comes after an internal Justice Department debate in which Solicitor General Donald B. Verrilli Jr. argued that there was no legal basis for a previous practice of not disclosing links to such surveillance, several Obama administration officials familiar with the deliberations said. Meanwhile, the department’s National Security Division is combing active and closed case files to identify other defendants who faced evidence resulting from the 2008 wiretapping law. It permits eavesdropping without warrants on Americans’ cross-border phone calls and e-mails so long as the surveillance is “targeted” at foreigners abroad.
  • In February, the Supreme Court dismissed a case challenging its constitutionality because the plaintiffs, led by Amnesty International, could not prove they had been wiretapped. Mr. Verrilli had told the justices that someone else would have legal standing to trigger review of the program because prosecutors would notify people facing evidence derived from surveillance under the 2008 law. But it turned out that Mr. Verrilli’s assurances clashed with the practices of national security prosecutors, who had not been alerting such defendants that evidence in their cases had stemmed from wiretapping their conversations without a warrant.
Paul Merrell

Book Reveals Wider Net of U.S. Spying on Envoys - NYTimes.com - 0 views

  • In May 2010, when the United Nations Security Council was weighing sanctions against Iran over its nuclear program, several members were undecided about how they would vote. The American ambassador to the United Nations, Susan E. Rice, asked the National Security Agency for help “so that she could develop a strategy,” a leaked agency document shows.The N.S.A. swiftly went to work, developing the paperwork to obtain legal approval for spying on diplomats from four Security Council members — Bosnia, Gabon, Nigeria and Uganda — whose embassies and missions were not already under surveillance. The following month, 12 members of the 15-seat Security Council voted to approve new sanctions, with Lebanon abstaining and only Brazil and Turkey voting against. Continue reading the main story Related Coverage Books of The Times: ‘No Place to Hide,’ by Glenn GreenwaldMAY 12, 2014 Later that summer, Ms. Rice thanked the agency, saying its intelligence had helped her to know when diplomats from the other permanent representatives — China, England, France and Russia — “were telling the truth ... revealed their real position on sanctions ... gave us an upper hand in negotiations ... and provided information on various countries ‘red lines.’ ”
  • The two documents laying out that episode, both leaked by the former N.S.A. contractor Edward J. Snowden, are reproduced in a new book by Glenn Greenwald, “No Place to Hide: Edward Snowden, the N.S.A., and the U.S. Surveillance State.” The book is being published Tuesday.
Paul Merrell

Edward Snowden Is On Twitter: @Snowden - 0 views

  • Edward Snowden isn’t just a hashtag anymore. The NSA whistleblower joined Twitter on Tuesday, using the @snowden Twitter handle. Snowden, who has lived in Russia since turning over a trove of top-secret documents to reporters more than two years ago, has remained in the public eye thanks to frequent appearances and interviews using video links and sometimes even robots. But joining the Twitterverse establishes him even more firmly as a major figure in the public discourse about surveillance and privacy that he jump-started in June 2013.
  • s of shortly after the launch of his new Twitter account, Snowden was only following one other account: @NSAGov. But @NSAGov was not — at least not officially — following him back. Here is his first Tweet: Can you hear me now? — Edward Snowden (@Snowden) September 29, 2015 UPDATE at 4:25 p.m. ET: Within four hours, Snowden had gained more than half a million followers, and tweeps around the world took notice: Today @Snowden joined Twitter, and here's the world's response. pic.twitter.com/d6HgVvdRsf — Twitter (@twitter) September 29, 2015
Paul Merrell

Europe and Ukraine: A tale of two elections - RT Op-Edge - 0 views

  • Circumstances surrounding the European and Ukrainian elections were far from being a mere coincidence. The regime changers in Kiev decided to hold a presidential election on May 25, the same day as European Parliament elections, in order to demonstrate their desire to follow a European-centric foreign policy.
  • Way beyond the established fact of an Atlantic push against Russian western borderlands, Ukraine remains a catfight of local oligarchies. No wonder the new Ukrainian president is also an oligarch; the 7th wealthiest citizen in the land, who owns not just a chocolate empire, but also automotive plants, a shipyard in Crimea and a TV channel. The only difference is that he’s a NATO oligarch
  • Meanwhile, in NATOstan, local and transnational elites have been desperately trying to spin a measure of success. Abstention remains notable – only roughly 4 in 10 Europeans take the trouble to vote on what goes on in Strasbourg, with a majority alienated enough to legitimize the mix of internal European austerity and international belligerence.
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  • Hardly discussed in the pre-vote campaigns were the Snowden NSA revelations; the shady negotiations between Washington and Brussels over a free trade agreement which will be a boon for US Big Business; and how the financial casino supervised by the European Central Bank, the IMF, and the European Commission (EC) will remain untouched, further ravaging the European middle classes. The anti-EU crowd performed very well in France, the UK, Denmark and Greece. Not so well in Italy and the Netherlands. The mainstream did relatively well in Germany and ultraconservative Spain – even though losing votes to small parties.
  • Essentially, European voters said two things out loud: either “the EU sucks,” or “we couldn’t care less about you, Eurocrat suckers.” As if that sea of lavishly pensioned Brussels apparatchiks – the Eurocrats - would care. After all, their mantra is that “democracy” is only good for others (even Ukrainians…) but not for the EU; when the European flock of sheep votes, they should only be allowed to pick obscure Brussels-peddled and Brussels-approved treaties. Brussels, anyway, is bound to remain the Kafkaesque political epitome of centralized control and red tape run amok. No wonder the EU is breathlessly pivoting with itself as the global economy relentlessly pivots to Asia.
  • To believe that an EU under troika austerity will bail Kiev out of its massive outstanding debts is wishful thinking. The recipe - already inbuilt in the $17 billion IMF “rescue” package is, of course, austerity. Oligarchs will remain in control, while assorted plunderers are already lining up. Former US Secretary of State Madeleine Albright – for whom hundreds of thousands of Iraqi children were expendable – “observed” the elections, and most of all observed how to privatize Telecom Ukraine, as she is doing now with Telekom Kosovo. There’s no evidence Right Sector and Svoboda will cease to be crypto-fascist, racist and intolerant just because Poroshenko – the King of Ukrainian Chocolate – is now the president. By the way, his margin for maneuver is slim, as his own markets – not to mention some of his factories – are in Russia. Heavy industry and the weapons industry in eastern Ukraine depend on Russian demand. It would take at least a whopping $276 billion for the West to “stabilize” eastern Ukraine. The notion of the EU “saving” Ukraine is D.O.A.
  • Moscow, once again, just needs to do what it is doing: nothing. And make sure there will be no economic or political help unless a federalized – and Finlandized - Ukraine with strong regions sees the light of day. Even the Brookings Institution has reluctantly been forced to admit that the US neo-con gambit has failed miserably; there’s no Ukraine without Russian help.
  • Signs so far are mixed. Poroshenko said Ukraine could “possibly” become an EU member state by 2025 (it won’t happen). He ruled out entering NATO (wise move). He rejects federalization (dumb move). He believes that with a strong economy Crimea would want to be back (wishful thinking). Still, he believes in reaching a compromise with Moscow (that’s what Moscow always wanted, even before regime change).
  • Back in NATOstan, there’s the crucial point of what happens to the ultra-right-wing anti-EU brigade in the Parliament in Strasbourg. They may all abhor the EU, but the fact is this ideological basket case will hardly form an alliance.
  • What this ultimately means is that conservative and moderate parties, as per the status quo, will remain in control, expressed via an extremely likely coalition of the European People’s Party (center-right) and the Socialists and Democrats (center-left). What comes next, in the second half of 2014, is the appointment of a new EU Commission. That’s Kafka redux, as in the bureaucrat-infested executive arm of the EU, which shapes the agenda, sort of (when it’s not busy distributing subventions in color-coded folders for assorted European cows.) There are 5 candidates fighting for the position of EC president. According to the current EU treaty, member states have to consider the result of EU Parliament elections when appointing a new president. Germany wants a conservative. France and Italy want a socialist. So expect a tortuous debate ahead to find who will succeed the spectacularly mediocre Jose Manuel Barroso. The favorite is a right-winger of the European People’s Party, former Prime Minister of Luxembourg Jean-Claude Juncker. He is an avid defender of banking secrecy while posing himself as a champion of “market social economy.”
  • Then there’s more Kafka: choosing the new president of the EU Council and the High Representative for Foreign Affairs. Translation: the EU won’t decide anything, or “reform” anything for months. That includes the critical negotiations with the Americans over the free trade deal. It’s absolutely impossible to spin these Sunday elections as not discrediting even more the EU project as it stands. As I’ve seen for myself, since early 2014, in 5 among the top EU countries, what matters for the average citizen is as follows: how to deal with immigration; how to fight the eradication of the welfare state; the implications of the free trade agreement with the US; the value of the euro –including an absurdly high cost of living; and what the ECB mafia is actually doing to fight unemployment.
  • With Kafka in charge for the foreseeable future, what’s certain is that Paris and Berlin will drift further and further apart. There will be no redesign of the EU’s institutions. And the next Parliament, filled with sound and fury, will be no more than a hostage of the devastating, inexorable political fragmentation of Europe. “Saving” Ukraine? What a joke. The EU cannot even save itself.
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    Pepe Escobar's take on the Presidential election in Ukraine and the EU-wide national election of EU Parliament members, both held on the same day. Excerpts only highlighted.  
Paul Merrell

China summons US envoy over cyber-spying charges, vows retaliation - RT News - 0 views

  • China has dismissed all US accusations of industrial cyber-espionage against five of its military officials and published proof that Washington is actually stealing data from China. Beijing also summoned the US ambassador for an explanation. Beijing reacted to Washington’s recent round of industrial espionage accusations by publishing its latest data on US cyber-attacks against China.
  • China’s National Computer Network Emergency Response Technical Team Coordination Center of China (NCNERTTCC) reported that during just two months, from March 19 to May 18, the US directly controlled 1.18 million host computers in China using 2,077 Trojan horse networks or botnet servers. According to the NCNERTTCC, over the last two months 135 host computers stationed in the US conducted 14,000 phishing operations against Chinese websites using for the attacks 563 phishing pages. The other hacking activities through the same period of time included 57,000 backdoor attacks, performed from 2,016 IP addresses in the US through backdoors implanted on 1,754 Chinese websites. The Chinese Foreign Ministry summoned the American ambassador to China for an explanation, urging him to drop all charges against China’s military officers. The meeting between Chinese Assistant Foreign Minister Zheng Zeguang and US Ambassador Max Baucus took place on Monday night, reported Xinhua.
  • Depending on further developments, China “will take further action on the so-called charges by the United States,” Zheng told Baucus. “The Chinese government and military and its associated personnel have never conducted or participated in the theft of trade secrets over the internet,” Zheng reportedly told Baucus as quoted by Xinhua.
Paul Merrell

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

  • 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.
Paul Merrell

Britain 'threatens to stop sharing intelligence' with Germany - Telegraph - 0 views

  • British intelligence officials are so alarmed at a parliamentary inquiry into their activities in Germany that they have threatened to stop sharing information if it goes ahead. According to a report in Focus magazine, British spy chiefs are worried that German politicians could reveal classified information about their joint projects, including details about code-breaking and technology. They fear a Europe-wide surveillance project that began last year, and includes British and German intelligence, could be comprised. Germany is taking the threat, said to have been made by senior British officials, seriously. Gerhard Schindler, the head of Germany's federal intelligence agency, the Bundesnachrichtendienst (BND) reportedly brief the parliamentary inquiry on the "unusually tense relations with British partner agencies" on Wednesday evening.
  • Last summer, Mrs Merkel's government asked the BND to spy on how Britain and the US gathers intelligence on German soil, the first time it has done so since the Second World War. The request was made after a double agent was uncovered in the BND selling secrets to the US Central Intelligence Agency (CIA).
  • The CIA's station chief in Berlin was asked to leave Germany after the news broke. Britain's relationship with Germany was also hit after it emerged that the UK was using its embassy as a listening post to monitor communications in the buildings of government departments nearby.
Paul Merrell

In 2008 Mumbai Attacks, Piles of Spy Data, but an Uncompleted Puzzle - NYTimes.com - 0 views

  • In the fall of 2008, a 30-year-old computer expert named Zarrar Shah roamed from outposts in the northern mountains of Pakistan to safe houses near the Arabian Sea, plotting mayhem in Mumbai, India’s commercial gem.Mr. Shah, the technology chief of Lashkar-e-Taiba, the Pakistani terror group, and fellow conspirators used Google Earth to show militants the routes to their targets in the city. He set up an Internet phone system to disguise his location by routing his calls through New Jersey. Shortly before an assault that would kill 166 people, including six Americans, Mr. Shah searched online for a Jewish hostel and two luxury hotels, all sites of the eventual carnage.
  • But he did not know that by September, the British were spying on many of his online activities, tracking his Internet searches and messages, according to former American and Indian officials and classified documents disclosed by Edward J. Snowden, the former National Security Agency contractor. They were not the only spies watching. Mr. Shah drew similar scrutiny from an Indian intelligence agency, according to a former official briefed on the operation. The United States was unaware of the two agencies’ efforts, American officials say, but had picked up signs of a plot through other electronic and human sources, and warned Indian security officials several times in the months before the attack.
Paul Merrell

Court Accepts DOJ's 'State Secrets' Claim to Protect Shadowy Neocons: a New Low - The I... - 0 views

  • A truly stunning debasement of the U.S. justice system just occurred through the joint efforts of the Obama Justice Department and a meek and frightened Obama-appointed federal judge, Edgardo Ramos, all in order to protect an extremist neocon front group from scrutiny and accountability. The details are crucial for understanding the magnitude of the abuse here. At the center of it is an anti-Iranian group calling itself “United Against Nuclear Iran” (UANI), which is very likely a front for some combination of the Israeli and U.S. intelligence services. When launched, NBC described its mission as waging “economic and psychological warfare” against Iran. The group was founded and is run and guided by a roster of U.S., Israeli and British neocon extremists such as Joe Lieberman, former Bush Homeland Security adviser (and current CNN “analyst”) Fran Townsend, former CIA Director James Woolsey, and former Mossad Director Meir Dagan. One of its key advisers is Olli Heinonen, who just co-authored a Washington Post Op-Ed with former Bush CIA/NSA Director Michael Hayden arguing that Washington is being too soft on Tehran.
  • This group of neocon extremists was literally just immunized by a federal court from the rule of law. That was based on the claim — advocated by the Obama DOJ and accepted by Judge Ramos — that subjecting them to litigation for their actions would risk disclosure of vital “state secrets.” The court’s ruling was based on assertions made through completely secret proceedings between the court and the U.S. government, with everyone else — including the lawyers for the parties — kept in the dark. In May 2013, UANI launched a “name and shame” campaign designed to publicly identify — and malign — any individuals or entities enabling trade with Iran. One of the accused was the shipping company of Greek billionaire Victor Restis, who vehemently denies the accusation. He hired an American law firm and sued UANI for defamation in a New York federal court, claiming the “name and shame” campaign destroyed his reputation.
  • Up until that point, there was nothing unusual about any of this: just a garden-variety defamation case brought in court by someone who claims that public statements made about him are damaging and false. That happens every day. But then something quite extraordinary happened: In September of last year, the U.S. government, which was not a party, formally intervened in the lawsuit, and demanded that the court refuse to hear Restis’s claims and instead dismiss the lawsuit against UANI before it could even start, on the ground that allowing the case to proceed would damage national security. When the DOJ intervened in this case and asserted the “state secrets privilege,” it confounded almost everyone. The New York Times’s Matt Apuzzo noted at the time that “the group is not affiliated with the government, and lists no government contracts on its tax forms. The government has cited no precedent for using the so­-called state­ secrets privilege to quash a private lawsuit that does not focus on government activity.” He quoted the ACLU’s Ben Wizner as saying: “I have never seen anything like this.” Reuters’s Allison Frankel labeled the DOJ’s involvement a “mystery” and said “the government’s brief is maddeningly opaque about its interest in a private libel case.”
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  • But in this case, there is no apparent U.S. government conduct at issue in the lawsuit. At least based on what they claim about themselves, UANI is just “a not-for-profit, non-partisan, advocacy group” that seeks to “educate” the public about the dangers of Iran’s nuclear program. Why would such a group like this even possess “state secrets”? It would be illegal to give them such material. Or could it be that the CIA or some other U.S. government agency has created and controls the group, which would be a form of government-disseminated propaganda, which happens to be illegal? What else could explain the basis for the U.S. government’s argument that allowing UANI to be sued would risk the disclosure of vital “state secrets” besides a desire to cover up something quite untoward if not illegal? What “state secrets” could possibly be disclosed by suing a nice, little “not-for-profit, non-partisan, advocacy group”?
  • This sham worked. This week, Judge Ramos issued his ruling dismissing the entire lawsuit (see below). As a result of the DOJ’s protection, UANI cannot be sued. Among other things, it means this group of neocon extremists now has a license to defame anyone they want. They can destroy your reputation with false accusations in a highly public campaign, and when you sue them for it, the DOJ will come in and whisper in the judge’s ear that national security will be damaged if — like everyone else in the world — UANI must answer in a court of law for their conduct. And subservient judicial officials like Judge Ramos will obey the U.S. government’s dictates and dismiss your lawsuit before it begins, without your having any idea why that even happened. Worse, in his written ruling, the judge expressly acknowledges that dismissal of the entire lawsuit at the start on secrecy grounds is what he calls a “harsh sanction,” and also acknowledges that “it is particularly so in this case because Plaintiffs not only do not get their day in court, but cannot be told why” (emphasis added). But he does it anyway, in a perfunctory 18-page opinion that does little other than re-state some basic legal principles, and then just concludes that everything the government whispered in his ear should be accepted.
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    Unless the district court decision is overturned by a higher court, the Restis case looks to be over. The secrecy concerns of the Dark State trump justice, again. It should be noted that the Constitution is silent on the issue of state secrets (the so-called "state secrets privilege" was manufactured from whole cloth by the Supreme Court in the early 1950s). On the other hand, several provisions of the Constitution expressly require that justice be done, not the least of which is the Due Process clause.  
Paul Merrell

EFF Pries More Information on Zero Days from the Government's Grasp | Electronic Fronti... - 0 views

  • Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret.1 In fact, in response to EFF’s FOIA suit to get access to the official U.S. policy on zero days, the government redacted every single reference to “offensive” use of vulnerabilities. To add insult to injury, the government’s claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF’s brief marshaling overwhelming evidence to the contrary, the charade is over. In response to EFF’s motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions. First and foremost, it now admits that the “discovery of vulnerabilities in commercial information technology may present competing ‘equities’ for the [government’s] offensive and defensive mission.” That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government’s failure to adequately weigh these “competing equities” was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure “in almost all instances for widely used code.” [.pdf].
  • The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn’t confined to the spies. Rather, the policy states that the “law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement.” Similarly it explains that “counterintelligence equities can be defensive, offensive, and/or law enforcement-related” and may “also have prosecutorial responsibilities.” Given that the government is currently prosecuting users for committing crimes over Tor hidden services, and that it identified these individuals using vulnerabilities called a “Network Investigative Technique”, this too doesn’t exactly come as a shocker. Just a few weeks ago, the government swore that even acknowledging the mere fact that it uses vulnerabilities offensively “could be expected to cause serious damage to the national security.” That’s a standard move in FOIA cases involving classified information, even though the government unnecessarily classifies documents at an astounding rate. In this case, the government relented only after nearly a year and a half of litigation by EFF. The government would be well advised to stop relying on such weak secrecy claims—it only risks undermining its own credibility.
  • The new version of the VEP also reveals significantly more information about the general process the government follows when a vulnerability is identified. In a nutshell, an agency that discovers a zero day is responsible for invoking the VEP, which then provides for centralized coordination and weighing of equities among all affected agencies. Along with a declaration from an official at the Office of the Director of National Intelligence, this new information provides more background on the reasons why the government decided to develop an overarching zero day policy in the first place: it “recognized that not all organizations see the entire picture of vulnerabilities, and each organization may have its own equities and concerns regarding the prioritization of patches and fixes, as well as its own distinct mission obligations.” We now know the VEP was finalized in February 2010, but the government apparently failed to implement it in any substantial way, prompting the presidential review group’s recommendation to prioritize disclosure over offensive hacking. We’re glad to have forced a little more transparency on this important issue, but the government is still foolishly holding on to a few last redactions, including refusing to name which agencies participate in the VEP. That’s just not supportable, and we’ll be in court next month to argue that the names of these agencies must be disclosed. 
Paul Merrell

San Bernardino Incident Has the Earmarks of a False Flag. Testimony of Eyewitnesses | G... - 1 views

  • Justifiable suspicions about what happened surfaced straightaway after the incident. The alleged perpetrators, Syed Rizwan Farook and Tashfeen Malik, appear to have been used as convenient patsies – the same way April 2013 Boston Marathon bombing suspects Dzhokhar and Tamerlan Dzhokhar were unjustly framed for a crime they didn’t commit. False flag attacks are used to stoke fear, to enlist public support for planned domestic and foreign horrors. Events post-9/11 are well-documented. What’s unfolding now looks like more of the same – the phony pretext of combating ISIS, state-sponsored high crimes at home and abroad. Eyewitnesses to the San Bernardino shooting said three white gunmen in black military attire, armed with assault rifles, were responsible. Sally Abdelmageed working at the Inland Regional Center described them this way, saying “(a)s soon as they opened up the doors to building three…one of them (began) shoot(ing) into the room.”
  • “I couldn’t see a face. He had a black hat on…black cargo pants, the kind with the big puffy pockets on the side…long sleeve shirt…gloves…huge assault rifle…six magazines…I just saw three dressed exactly the same.” “It looked like their skin color was white. They look like they were athletic(ally) buil(t), and they appeared to be tall” – clearly professionals, carrying out a well-planned attack, the way all false flags are conducted. Abdelmageed and other eyewitnesses gave similar accounts, debunking the official narrative – a Big Lie, framing two innocent Muslim patsies, killed by police to tell no tales, given no chance to explain their innocence. Their bodies were found handcuffed, indicating they were apprehended and likely extrajudicially executed to be unable to refute the official narrative. Former NSA/CIA contractor Steven D. Kelley told Press TV intimated that hired guns allegedly from Craft International (a Blackwater type paramilitary group, the same one responsible for the Boston Marathon bombings) could have been behind the San Bernardino shootings. (see below)
  • The incident “is just one in a long string of false flag events that I am afraid to say are not over,” he said. “We’ll probably be seeing several more before the end of the year, because of the events that are going on in the world, specifically with NATO implicated in the buying of (stolen Iraqi and Syrian oil complicit with) Daesh and other events.” “(W)hen these things happen, they need to have a rapid response which requires a false flag attack. This was very obvious that this was going to happen” – with lots more to come, Kelly believes, part of Washington’s well-orchestrated fear-mongering campaign. The early stages of its dirty aftermath are playing out, most Americans mindless about how they’re being duped.
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Paul Merrell

A Secret Catalogue of Government Gear for Spying on Your Cellphone - 0 views

  • HE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States. The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.
  • The Intercept obtained the catalogue from a source within the intelligence community concerned about the militarization of domestic law enforcement. (The original is here.) A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages. Above all, the catalogue represents a trove of details on surveillance devices developed for military and intelligence purposes but increasingly used by law enforcement agencies to spy on people and convict them of crimes. The mass shooting earlier this month in San Bernardino, California, which President Barack Obama has called “an act of terrorism,” prompted calls for state and local police forces to beef up their counterterrorism capabilities, a process that has historically involved adapting military technologies to civilian use. Meanwhile, civil liberties advocates and others are increasingly alarmed about how cellphone surveillance devices are used domestically and have called for a more open and informed debate about the trade-off between security and privacy — despite a virtual blackout by the federal government on any information about the specific capabilities of the gear.
  • ANY OF THE DEVICES in the catalogue, including the Stingrays and dirt boxes, are cell-site simulators, which operate by mimicking the towers of major telecom companies like Verizon, AT&T, and T-Mobile. When someone’s phone connects to the spoofed network, it transmits a unique identification code and, through the characteristics of its radio signals when they reach the receiver, information about the phone’s location. There are also indications that cell-site simulators may be able to monitor calls and text messages. In the catalogue, each device is listed with guidelines about how its use must be approved; the answer is usually via the “Ground Force Commander” or under one of two titles in the U.S. code governing military and intelligence operations, including covert action.
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  • “We’ve seen a trend in the years since 9/11 to bring sophisticated surveillance technologies that were originally designed for military use — like Stingrays or drones or biometrics — back home to the United States,” said Jennifer Lynch, a senior staff attorney at the Electronic Frontier Foundation, which has waged a legal battle challenging the use of cellphone surveillance devices domestically. “But using these technologies for domestic law enforcement purposes raises a host of issues that are different from a military context.”
  • But domestically the devices have been used in a way that violates the constitutional rights of citizens, including the Fourth Amendment prohibition on illegal search and seizure, critics like Lynch say. They have regularly been used without warrants, or with warrants that critics call overly broad. Judges and civil liberties groups alike have complained that the devices are used without full disclosure of how they work, even within court proceedings.
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