Group items tagged

Holder acknowledged the House Judiciary Committee’s investigation into whether he lied under oath during his May 15 testimony on the DOJ’s surveillance of reporters. At the time, Holder said he had never prosecuted or been involved in the potential prosecution of reporters. It was later revealed that he signed off on the Rosen affidavit. “The Department has not prosecuted, and as long as I’m attorney general, will not prosecute any reporter for doing his or her job,” Holder said Thursday.

When introducing James Clapper as his director of national intelligence in 2010, President Obama specifically justified the appointment by saying Clapper is someone who “understands the importance of working with our partners in Congress (and) not merely to appear when summoned, but to keep Congress informed.” At the time, it seemed like a wholly uncontroversial statement; it was simply a president making a sacrosanct promise to keep the legislative branch informed, with the insinuation that previous administrations hadn’t.Three years later, of course, James Clapper is now the embodiment of perjury before Congress. Indeed, when you couple Edward Snowden’s disclosures with this video of Clapper’s Senate testimony denying that the National Security Administration collects “any type of data on millions (of Americans),” Clapper has become American history’s most explicit and verifiable example of an executive branch deliberately lying to the legislative branch that is supposed to be overseeing it.Incredibly (or, alas, maybe not so incredibly anymore), despite the president’s original explicit promises about Clapper, transparency and Congress, the White House is nonetheless responding to this humiliating situation by proudly expressing its full support for Clapper. Meanwhile, as of today’s announcement by U.S. Rep. Justin Amash, R-Mich., the demands for Clapper’s resignation are finally being aired on Capitol Hill.

“If Obama grants Manning clemency, Assange will agree to US prison in exchange — despite its clear unlawfulness.”

The maker of the Firefox browser is wading into an increasingly contentious court battle over an undisclosed security vulnerability the FBI used to track down anonymous users of a child-porn site. The FBI took over a dark web child-pornography site called Playpen last year and, rather than shut it down, used a secret, still-undisclosed vulnerability in the Tor Browser to install malware on the computers of more than 1,000 users that allowed the FBI to determine their locations. But in Tacoma, Washington, lawyers for a school administrator caught in the dragnet have successfully demanded the right to review the malware in order to pursue their argument that it, rather than he, was responsible for the illicit material ending up on his computer. The Tor Browser is a free browser that shields a user’s identity. It is also based on code from the Firefox browser. Mozilla, the organization behind Firefox, has long worried that the Tor Browser vulnerability might still be out there, could be exploited by bad actors, and could exist in Firefox, which is much more widely used than the Tor Browser.

So while it seems likely that the FBI will go to great lengths not to turn over the code – possibly dropping the case altogether – Mozilla’s top lawyer, Denelle Dixon-Thayer, is now arguing “that the government must disclose the vulnerability to us before it is disclosed to any other party.” She explained: “Court ordered disclosure of vulnerabilities should follow the best practice of advance disclosure that is standard in the security research community. In this instance, the judge should require the government to disclose the vulnerability to the affected technology companies first, so it can be patched quickly.” Dixon-Thayer noted that Mozilla isn’t taking sides, pro- or anti-disclosure. It just wants to make sure that if there is disclosure, Mozilla gets it first. Here is the legal brief Mozilla filed on Wednesday. The issue of when the government should disclose security vulnerabilities is a hotly contested issue outside the courtroom as well.

The Obama administration’s policy is that when the government learns of a new flaw, it has to submit the flaw to an interagency group. The White House says that group has a “strong bias” toward disclosure to vendors so that they can fix them, rather than just letting the agencies keep the flaws secret and continue to use them. But the evidence suggests that is not the case.

A bipartisan pair of lawmakers is expressing alarm at reported changes at the National Security Agency that would allow the intelligence service’s information to be used for policing efforts in the United States.“If media accounts are true, this radical policy shift by the NSA would be unconstitutional, and dangerous,” Reps. Ted Lieu (D-Calif.) and Blake FarentholdBlake FarentholdLawmakers warn of 'radical' move by NSA to share information Overnight Tech: Netflix scores win over Postal Service Lawmakers go green for St. Patrick's Day MORE (R-Texas) wrote in a letter to the spy agency this week. “The proposed shift in the relationship between our intelligence agencies and the American people should not be done in secret.ADVERTISEMENT“NSA’s mission has never been, and should never be, domestic policing or domestic spying.”The NSA has yet to publicly announce the change, but The New York Times reported last month that the administration was poised to expand the agency's ability to share information that it picks up about people’s communications with other intelligence agencies.The modification would open the door for the NSA to give the FBI and other federal agencies uncensored communications of foreigners and Americans picked up incidentally — but without a warrant — during sweeps.  

Robert Litt, the general counsel at the Office of the Director of National Intelligence, told the Times that it was finalizing a 21-page draft of procedures to allow the expanded sharing.  Separately, the Guardian reported earlier this month that the FBI had quietly changed its internal privacy rules to allow direct access to the NSA’s massive storehouse of communication data picked up on Internet service providers and websites.The revelations unnerved civil liberties advocates, who encouraged lawmakers to demand answers of the spy agency.“Under a policy like this, information collected by the NSA would be available to a host of federal agencies that may use it to investigate and prosecute domestic crimes,” said Neema Singh Guliani, legislative counsel and the American Civil Liberties Union. “Making such a change without authorization from Congress or the opportunity for debate would ignore public demands for greater transparency and oversight over intelligence activities.”In their letter this week, Lieu and Farenthold warned that the NSA’s changes would undermine Congress and unconstitutionally violate people’s privacy rights.   

“The executive branch would be violating the separation of powers by unilaterally transferring warrantless data collected under the NSA’s extraordinary authority to domestic agencies, which do not have such authority,” they wrote.“Domestic law enforcement agencies — which need a warrant supported by probable cause to search or seize — cannot do an end run around the Fourth Amendment by searching warrantless information collected by the NSA.”

Scholars of terrorism credit a specific 1979 symposium in Jerusalem as a turning point in the U.S. and international usage of “terrorism” as we understand it today. The Jonathan Institute, founded following the death of Benjamin Netanyahu’s brother Yonatan during a raid to rescue hostages from a PLO hijacking, hosted a 1979 conference in Jerusalem— and a follow up in 1984 in Washington—on “International Terrorism.” Directed by Benjamin Netanyahu, the Jonathan Institute maintained close ties to the Israeli government. Current and former Israeli officials across the political spectrum—including Golda Meir, Menachem Begin, Yitzhak Rabin, Ezer Weizman, Moshe Dayan, and Shimon Peres—dominated its administrative committee. Lisa Stampnitsky, in her 2013 book Disciplining Terror, discusses how the Jonathan Institute helped internationalize Israel’s use of the term to describe terrorist violence as both irrational and illegitimate in both means and ends, and as primarily targeting democracies and “the West.” Previously, she notes, terrorism referred largely to rational political violence, either state or individual, and was dealt with as an issue of criminality and law. The shift helped Israel delegitimize the political aims of certain groups, such as the Palestinian resistance to its colonization and territorial occupation. One cannot be a “freedom fighter” if one’s political aims are demonized as illegitimate or irrational. Stampnitsky argues that the shift to using terrorism to describe violence outside the law also set the stage for retaliatory strikes (such as the 1986 U.S. air strikes in Libya in response to a bombing at a Berlin disco that killed an American soldier) and eventually for the doctrine of preemptive force that has characterized the post-9/11 “War on Terror.”

Israel’s role in the development of a specifically anti-Muslim discourse of terrorism is deeply intertwined with the foreign policies of American politicians. As Deepa Kumar and others have pointed out, American neocons and Israel’s Likud party jointly developed a shared language around Islamic terrorism. The 1979 Jonathan Institute conference was attended by prominent American officials and political figures, including future President George H.W. Bush and representatives of the American Enterprise Institute, the Center for Strategic and International Studies, and Commentary magazine who brought the ideas, and later a follow-up conference, back to the U.S. Intended to serve as an intervention into the international discourse on terrorism, the explicit aim of the Jerusalem conference was to awaken the Western world to the problem of terrorism as defined by the conference organizers. It contributed to entrenching in the minds of American conservatives what was popularized a few years later as the “clash of civilizations,” firmly situating Israel in the category of Western democracies threatened by Soviets and Palestinians. The follow-up conference in the United States in 1984 went further by emphasizing the relationship between Islam and terror. As Netanyahu himself wrote in the book that came out of the conference: “the battle against terrorism was part of a much larger struggle, one between the forces of civilization and the forces of barbarism.” Then, as now, Netanyahu presented Israel as the bulwark against terrorism, a specific kind of illegitimate political violence that threatens not just Israel but all democracies and the Western world.

Echoes of this framing of the debate on terrorism can be found in how Western politicians, including Netanyahu and Trump, discuss the issue. Terrorism, which has no single agreed-upon definition in U.S. or international law, now serves as a moniker applied to all violence that established states deem illegitimate. Most often these days, Western democracies use “terrorism” to describe violence committed by Muslims. As journalist Glenn Greenwald writes, “In other words, any violence by Muslims against the West is inherently ‘terrorism,’ even if targeted only at soldiers at war and/or designed to resist invasion and occupation.” The term functions not as a descriptive tool but an ideological one. It doesn’t merely identify a particular kind of violence. It justifies and even requires a particular kind of forceful response by the state. Israel today presents itself as the world’s expert on counterterrorism. It maintains a profitable security industry predicated on selling expertise and technology tested in its interactions with Palestinians. American tax dollars have been funneled into this industry through U.S. military aid, over 25% of which Israel was allowed to spend domestically (the new military aid deal signed by the Obama White House will phase out this allowance over the next 10 years, sending the rest of the $3.8 billion per year to U.S. defense contractors). The United States and Israel collaborate on counterterrorism initiatives, including joint military exercises and police exchange programs. Here tactics and skills are developed and exchanged for surveillance and violent repression of protests that primarily impact Muslims and people of color in the U.S. and Palestinians and Black Jews in Israel.

Out of 225 terrorism cases on the territory of the United States since the attacks of Sept. 11, 2001, the NSA’s PRISM program did little to protect the nation from terrorism, according to a new study. The bulk collection of metadata phone records by the National Security Agency “has had no discernible impact on preventing acts of terrorism,” according to a study by the New America Foundation, a Washington-based nonprofit group. Analysis revealed that much of the evidence it did find “could readily have been obtained in a timely manner using conventional [court] orders.” The study, to be released on Monday, echoes that of a White House-appointed study concluded last month that the NSA program “was not essential to preventing attacks.” President Obama on Friday will deliver his recommendations on the program, which has turned into a political lightning rod. John McCain, the Republican senator, has called for a congressional inquiry into America’s “broken” National Security Agency

A federal appeals court on Friday ruled that the Obama administration may continue to withhold a Justice Department memo that apparently opened a loophole in laws protecting the privacy of consumer data.The memo establishes the legal basis for telephone companies to hand over customers’ calling records to the government without a subpoena or court order, even when there is no emergency, according to a 2010 report by the Justice Department’s inspector general. The details of the legal theory, and the circumstances in which it could be invoked, remain unclear. Related Coverage F.B.I. Made ‘Blanket’ Demands for Phone RecordsMARCH 13, 2008 F.B.I. Violated Rules in Obtaining Phone Records, Report SaysJAN. 20, 2010 C.I.A. Is Said to Pay AT&T for Call DataNOV. 7, 2013 The ruling, by the United States Court of Appeals for the District of Columbia Circuit, came down on the side of a broad conception of the executive branch’s power to keep secret its interpretation of what the law permits it to do. The ruling may make it easier for the government to shield other memos by the Justice Department’s powerful Office of Legal Counsel from disclosure under the Freedom of Information Act.

The document at issue is a classified memo issued by the Office of Legal Counsel on Jan. 8, 2010. A report later that year by the Justice Department’s inspector general at the time, Glenn A. Fine, disclosed the memo’s existence and its broad conclusion that telephone companies may voluntarily provide records to the government “without legal process or a qualifying emergency,” notwithstanding the Electronic Communications Privacy Act.

The F.B.I. had asked for the memo as part of an investigation by Mr. Fine into problems with the bureau’s use of so-called exigent letters to obtain telephone and financial records without following any legal procedures.

The White House on Thursday disputed the findings of an independent review board that said the National Security Agency's mass data collection program is illegal and should be ended, indicating the administration would not be taking that advice.  "We simply disagree with the board's analysis on the legality of the program," White House Press Secretary Jay Carney said.  He was responding to a scathing report from The Privacy and Civil Liberties Oversight Board (PCLOB), which said the program ran afoul of the law on several fronts.  "The ... bulk telephone records program lacks a viable legal foundation," the board's report said, adding that it raises "serious threats to privacy and civil liberties" and has "only limited value." The report, further, said the NSA should "purge" the files. 

Eight days ago, the country’s four major newspapers reported a claim that the NSA collected 33% or less of US phone records (under the Section 215 program, they should have specified, but did not) because it couldn’t collect most cell phone metadata:

Since that time, I have pointed to a number of pieces of evidence that suggest these claims are only narrowly true: A WSJ article from June made it clear the cell gap, such as it existed, existed primarily for Verizon and T-Mobile, but their calls were collected via other means (the WaPo and NYT both noted this in their stories without considering how WSJ’s earlier claim it was still near-comprehensive contradicted the 33% claim) The NSA’s claimed Section 215 dragnet successes — Basaaly Moalin, Najibullah Zazi, Tsarnaev brothers — all involved cell users

Identifying Moalin via the dragnet likely would have been impossible if NSA didn’t have access to T-Mobile cell data The phone dragnet orders specifically included cell phone identifiers starting in 2008 Also since 2008, phone dragnet orders seem to explicitly allow contact-chaining on cell identifiers, and several of the tools they use with phone dragnet data specifically pertain to cell phones

Senators on Wednesday expressed alarm at explosive allegations that the CIA might have spied on their computers to keep tabs on their controversial review of Bush-era “enhanced interrogation” techniques.ADVERTISEMENTLawmakers from both parties said that if the allegations against the CIA prove true, intelligence officials might have violated the law — and certainly violated the separation of powers enshrined in the Constitution.“I’m assuming that’s it’s not true, but if it is true, it should be World War III in terms of Congress standing up for itself against the CIA, ” Sen. Lindsey Graham (R-S.C.) told The Hill.Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) confirmed Wednesday that the CIA inspector general was investigating accusations that the covert agency had peered into the panel’s computers. But she didn’t comment on reports that the investigator has referred the matter to the Justice Department.Senate Armed Services Committee Chairman Carl Levin (D-Mich.), an ex officio member of the Intelligence panel, said the charge of spying is “extremely serious.”“There are laws against intruding and tampering, hacking into, accessing computers without permission. And that law applies to everybody,” he said.Brennan in a statement said he was "dismayed" by the “spurious allegations,” which he said were "wholly unsupported by the facts."

His statement was released Wednesday evening as McClatchy reported that the computer spying was allegedly discovered when the CIA confronted the Senate Intelligence panel about documents removed from the agency’s headquarters."I am very confident that the appropriate authorities reviewing this matter will determine where wrongdoing, if any, occurred in either the Executive Branch or Legislative Branch," Brennan said.“Until then, I would encourage others to refrain from outbursts that do a disservice to the important relationship that needs to be maintained between intelligence officials and congressional overseers."The allegations escalated a long-simmering feud between Democrats on the Intelligence panel and the CIA over the committee’s classified interrogation report, which provides an exhaustive look at the treatment of detainees in the years after Sept. 11.Sen. Mark Udall (Colo.) and two other Democrats on the Intelligence panel have criticized the CIA and its director, John Brennan, for blocking their efforts to declassify the 6,300-page investigation.“The CIA tried to intimidate the Intelligence Committee, plain and simple,” Udall said. “I’m going to keep fighting like hell to make sure the CIA never dodges congressional oversight again.”

Senators have said their review, which was completed in December 2012, is harshly critical of interrogation techniques such as waterboarding, concluding that they were ineffective and did not contribute to the capture of Osama bin Laden.Udall and other Democrats say the report needs to be released because it will "set the record straight" about the use of techniques that critics say amount to torture.While Democrats on the panel backed the report’s findings, most of the Intelligence Committee Republicans dissented.The CIA has objected to some of the report’s conclusions as well, though Udall says its internal review contradicts the agency’s public statements.Sen. Martin Heinrich (D-N.M.), who has joined Udall in pressing for the release of the report, said the allegations about CIA spying show the lengths that the agency will go to protect itself.“I think it’s been pretty clear that the CIA will do just about anything to make sure that this detention and interrogation report doesn’t come out,” Heinrich told The Hill.

The details are still a little cloudy, but in December, Senator Mark Udall revealed that the Senate Intelligence Committee had come across an internal CIA study that apparently corroborated the information that is in the big Senate report -- and which directly contradicted claims by the CIA to the Committee about how the report was inaccurate -- suggesting that, on top of everything else, the CIA lied to the Intelligence Committee. Udall quizzed CIA boss John Brennan about that internal report. And according to the NY Times, it appears that CIA folks freaked out that the Intelligence Committee somehow got access to that internal study, and responded the way the CIA knows best: by starting to spy on Intelligence Committee staffers: The agency’s inspector general began the inquiry partly as a response to complaints from members of Congress that C.I.A. employees were improperly monitoring the work of staff members of the Senate Intelligence Committee, according to government officials with knowledge of the investigation. The committee has spent several years working on a voluminous report about the detention and interrogation program, and according to one official interviewed in recent days, C.I.A. officers went as far as gaining access to computer networks used by the committee to carry out its investigation.

On Tuesday, Udall sent a strongly worded letter to President Obama, pushing for the declassification and release of the big 6,300 page report, but also that internal CIA study, which would highlight how the CIA lied. On top of that, he made an oblique reference to this spying activity by the CIA: As you are aware, the CIA has recently taken unprecedented action against the Committee in relation to the internal CIA review, and I find these actions to be incredibly troubling for the Committee's oversight responsibilities and for our democracy. It is essential that the Committee be able to do its oversight work -- consistent with our constitutional principle of the separation of powers -- without the CIA posing impediments or obstacles as it is today. In many ways, the idea that the CIA is directly spying on the Senate Committee charged with its own oversight is a bigger potential scandal than many of the Snowden NSA revelations so far. Even more importantly, it may finally lead to Congress taking action against an out-of-control intelligence community.

The United States is quietly rushing dozens of Hellfire missiles and low-tech surveillance drones to Iraq to help government forces combat an explosion of violence by a Qaeda-backed insurgency that is gaining territory in both western Iraq and neighboring Syria. The move follows an appeal for help in battling the extremist group by the Iraqi prime minister, Nuri Kamal al-Maliki, who met with President Obama in Washington last month.But some military experts question whether the patchwork response will be sufficient to reverse the sharp downturn in security that already led to the deaths of more than 8,000 Iraqis this year, 952 of them Iraqi security force members, according to the United Nations, the highest level of violence since 2008.Al Qaeda’s regional affiliate, the Islamic State in Iraq and Syria, has become a potent force in northern and western Iraq

BERLIN — To appreciate the scope and impact of a joint investigative series by the highly regarded German newspaper Sueddeutsche Zeitung and German public television station NDR on the depth of American trespasses in this country, you don’t even have to read a word of the reports, or watch the videos.All you really have to do is take a look at the U.S. Embassy rebuttal of the series. The multi-part, multi-media series was put on line beginning Friday morning, though some parts weren’t up until evening. And others are said to be coming during the coming weeks. The U.S. Embassy in Germany press office statement came out just after 3 p.m.

News report charges U.S. with conducting illegal operations from German soil

The newspaper reaction to that reaction: "The American Embassy also comments and rejects the reports as innuendo. They are stating the the United States "are not kidnapping and torturing on principal." This is a daring claim. Only seven months ago a commission made up of Democrats and Republicans called it "undeniable" that the United States tortured inmates following the terror attacks of 2001. Even President Barack Obama said in 2009 that the American practice of water boarding was torture." The website does note that almost 20 reporters started gathering this series more than a year ago.So it doesn't look as if the newspaper and television station will be backing away from their reporting just yet.In any case, the U.S. embassy makes a strong statement, and takes on some of Germany's most respected journalists.Why? One piece of the SZ English language version of the series begins:“Tapping Germany’s Chancellor Angela Merkel’s phone would seem like an outrageous breach of trust—except that there have been so many other, deadlier and lesser-known, breaches of trust wrought by the U.S. in Germany in recent years.

Germany will send its top intelligence chiefs to Washington next week to seek answers from the White House on allegations that U.S. security officials tapped the mobile phone of Chancellor Angela Merkel.

Berlin will dispatch the heads of its foreign intelligence agency BND and of its domestic counterpart, the BfV. Merkel's chief of staff Ronald Pofalla, who is responsible for the intelligence services, may also join them.

German Chancellor Angela Merkel demanded on Thursday that the United States strike a "no-spying" agreement with Berlin and Paris by the end of the year, saying alleged espionage against two of Washington's closest EU allies had to be stopped. Speaking after talks with EU leaders that were dominated by allegations that the U.S. National Security Agency had accessed tens of thousands of French phone records and monitored Merkel's private mobile phone, the chancellor said she wanted action from President Barack Obama, not just apologetic words. Germany and France would seek a "mutual understanding" with the United States on cooperation between their intelligence agencies, and other EU member states could eventually take part. "That means a framework for cooperation between the relevant (intelligence) services. Germany and France have taken the initiative and other member states will join," she said.

Amid the horrific headlines about the fanatical Islamist sect Boko Haram that should make Nigerians cringe, here’s a line from a recent Guardian article that should make Americans do the same, as the U.S. military continues its “pivot” to Africa: “[U.S.] defense officials are looking to Washington’s alliance with Yemen, with its close intelligence cooperation and CIA drone strikes, as an example for dealing with Boko Haram.” In fact, as the latest news reports indicate, that “close” relationship is proving something less than a raging success.  An escalating drone campaign against al-Qaeda in the Arabian Peninsula (AQAP) has resulted in numerous dead “militants,” but also numerous dead Yemeni civilians -- and a rising tide of resentment against Washington and possibly support for AQAP.  As the Washington-Sana relationship ratchets up, meaning more U.S. boots on the ground, more CIA drones in the skies, and more attacks on AQAP, the results have been dismal indeed: only recently, the U.S. embassy in the country’s capital was temporarily closed to the public (for fear of attack), the insurgents launched a successful assault on soldiers guarding the presidential palace in the heart of that city, oil pipelines were bombed, electricity in various cities intermittently blacked out, and an incident, a claimed attempt to kidnap a CIA agent and a U.S. Special Operations commando from a Sana barbershop, resulted in two Yemeni deaths (and possibly rising local anger).  In the meantime, AQAP seems ever more audacious and the country ever less stable.  In other words, Washington’s vaunted Yemeni model has been effective so far -- if you happen to belong to AQAP.

One of the poorer, less resource rich countries on the planet, Yemen is at least a global backwater.  Nigeria is another matter.  With the largest economy in Africa, much oil, and much wealth sloshing around, it has a corrupt leadership, a brutal and incompetent military, and an Islamist insurgency in its poverty-stricken north that, for simple bestiality, makes AQAP look like a paragon of virtue.  The U.S. has aided and trained Nigerian “counterterrorism” forces for years with little to show.  Add in the Yemeni model with drones overhead and who knows how the situation may spin further out of control.  In response to Boko Haram’s kidnapping of 276 young women, the Obama administration has already sent in a small military team (with FBI, State Department, and Justice Department representatives included) and launched drone and "manned surveillance flights," which may prove to be just the first steps in what one day could become a larger operation.  Under the circumstances, it’s worth remembering that the U.S. has already played a curious role in Nigeria’s destabilization, thanks to its 2011 intervention in Libya.  In the chaos surrounding the fall of Libyan autocrat Muammar Qaddafi, his immense arsenals of weapons were looted and soon enough AK-47s, rocket-propelled grenades, and other light weaponry, as well as the requisite pick-up trucks mounted with machine guns or anti-aircraft guns made their way across an increasingly destabilized region, including into the hands of Boko Haram.  Its militants are far better armed and trained today thanks to post-Libyan developments.

All of this, writes Nick Turse, is but part of what the U.S. military has started to call the “new normal” in Africa.  The only U.S. reporter to consistently follow the U.S. pivot to that region in recent years, Turse makes clear that every new African nightmare turns out to be another opening for U.S. military involvement.  Each further step by that military leads to yet more regional destabilization, and so to a greater urge to bring the Yemeni model (and its siblings) to bear with... well, you know what effect.  Why doesn’t Washington?