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NSA mass collection of phone data is legal, federal judge rules | World news | theguard... - 0 views

www.theguardian.com/...sa-phone-data-collection-legal surveillance state 4th Amendment constitutional law ACLU
shared by Paul Merrell on 27 Dec 13 - No Cached
  • NSA phone data collection deemed legal: full ruling
  • A legal battle over the scope of US government surveillance took a turn in favour of the National Security Agency on Friday with a court opinion declaring that bulk collection of telephone data does not violate the constitution. The judgement, in a case brought before a district court in New York by the American Civil Liberties Union, directly contradicts the result of a similar challenge in a Washington court last week which ruled the NSA's bulk collection program was likely to prove unconstitutional and was "almost Orwellian" in scale. Friday's ruling makes it more likely that the issue will be settled by the US supreme court, although it may be overtaken by the decision of Barack Obama on whether to accept the recommendations of a White House review panel to ban the NSA from directly collecting such data. But the ruling from Judge William Pauley, a Clinton appointee to the Southern District of New York, will provide important ammunition for those within the intelligence community urging Obama to maintain the programme.
  • Judge Pauley said privacy protections enshrined in the fourth amendment of the US constitution needed to be balanced against a government need to maintain a database of records to prevent future terrorist attacks. “The right to be free from searches is fundamental but not absolute,” he said. “Whether the fourth amendment protects bulk telephony metadata is ultimately a question of reasonableness.”
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  • The ACLU case against the NSA was dismissed primarily on the grounds that bulk collection was authorised under existing laws allowing “relevant” data collection to be authorised by secret US courts. Judge Pauley took a more sympathetic view of this relevance standard than many lawmakers in Congress, although he acknowledged it was “problematic” that many were not aware of how widely the law was being interpreted before disclosures by NSA whistleblower Edward Snowden. “The ACLU argues that the category at issue – all telephony metadata – is too broad and contains too much irrelevant information. That argument has no traction here. Because without all the data points, the government cannot be certain it is connecting the pertinent ones,” said Pauley. “There is no way for the government to know which particle of telephony metadata will lead to useful counterterrorism information ... Armed with all the metadata, NSA can draw connections it might otherwise never be able to find. The collection is broad, but the scope of counterterrorism investigations is unprecedented.” The ACLU said it would appeal the decision, starting in the New York circuit.
  • Paul Merrell on 27 Dec 13
     
    So now we have one judge for an Orewellian future and one against. 
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US criticised by UN for human rights failings on NSA, guns and drones | World news | th... - 0 views

www.theguardian.com/...human-rights-abuses-nsa-drones human rights civil liberties UN
shared by Paul Merrell on 16 Mar 14 - No Cached
  • The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.
  • But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.
  • This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”
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  • Among the other issues that came under the committee’s withering gaze were:· the proliferation of stand-your-ground gun laws· enduring racial disparities in the justice system, including large numbers of black prisoners serving longer sentences than whites;· mistreatment of mentally-ill and juvenile prisoners;· segregation in schools;· high levels of homelessness and criminalization of homeless people;· racial profiling by police, including the mass surveillance of Muslim communities by the New York police department.
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The Amash amendment: a vital shield from unwarranted NSA surveillance | Alexander Abdo - 0 views

www.theguardian.com/...ash-amendment-nsa-surveillance surveillance state NSA constitutional law
shared by Paul Merrell on 01 Aug 13 - No Cached
  • Paul Merrell on 01 Aug 13
     
    How to drive a wooden stake through the Obama Administration's Fourth Amendment argument. 
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Lack of Due Diligence: The NSA's "the Analyst Didn't Give a Fuck" Violation | emptywheel - 0 views

www.emptywheel.net/...st-didnt-give-a-fuck-violation surveillance state NSA privacy-violations stats lies
shared by Paul Merrell on 17 Aug 13 - No Cached
  • The NSA claims there have been no willful violations the law relating to the NSA databases. For example, NSA’s Director of Compliance John DeLong just said ”NSA has a zero tolerance policy for willful misconduct. None of the incidents were willful.” House Intelligence Chair Mike Rogers just said the documents show “no intentional or willful violations.” Which is why I want to look more closely at the user error categories included in the May 3, 2012 audit. The report doesn’t actually break down the root cause of errors across all violations. But it does for 3 different types of overlapping incident types (the 195 FISA authority incidents, the 115 database query ones, and the 772 S2 Directorate violations).
  • What I’m interested in are the three main types of operator error: human error, resources, and lack of due diligence.
  • But then there’s a third category: lack of due diligence. The report defines lack of due diligence as “a failure to follow standard operating procedures.” But some failure to follow standard operating procedure is accounted for in other categories, like training, the misapplied query techniques, and the apparent inadequate research violations. This category appears to be something different than the “honest mistake” errors categorized under human error. In fact, by the very exclusion of these violations from the “human error” category, NSA seems to be admitting these violations aren’t errors. These violations of standard operating procedures, it seems, are intentional. Not errors. Willful violations. At the very least, this category seems to count the violations on behalf of analysts who just don’t give a fuck what he rules are, they’re going to ignore the rules. This category, what consider the “Analyst didn’t give a fuck” category, accounts for 9% to 20% of all the violations broken out by root cause.
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  • In aggregate, these violations may not amount to all that many given the thousands of queries run every year — they make up just 68 of the violations in S2, for example. Those 68 due diligence violations make up almost 8% of the violations in the quarter, not counting due diligence violations that may have happened in other Directorates. John DeLong, who is in charge of compliance at NSA, says the Agency has zero tolerance for willful misconduct. But the NSA appears to have a good deal more tolerance for a lack of due diligence.
  • Paul Merrell on 17 Aug 13
     
    Marcy at EmptyWheel digs into the leaked NSA audit reports and exposes what appears to be another Obama Administration lie: that none of the violations of surveillance law by NSA staff were willful. NSA appears to be hiding the willful violations under the misleadingly titled "lack of due diligence" category. Who says numbers can't lie, if they're miscategorized?   
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2014 Press Release - NSA Announces New Civil Liberties and Privacy Officer" - 0 views

www.nsa.gov/...iberties_privacy_officer.shtml surveillance state NSA Civil-Liberties-&-Privacy-Officer Rebecca-Richards
shared by Paul Merrell on 06 Apr 14 - No Cached
  • GEN Keith Alexander - Commander, U.S. Cyber Command/Director, NSA/Chief, CSS - announced today that well-known privacy expert Rebecca Richards will serve as the National Security Agency's new Civil Liberties and Privacy Officer. She most recently worked as the Senior Director for Privacy Compliance at the Department of Homeland Security.
  • Selected to lead the new NSA Civil Liberties and Privacy Office at the agency's Fort Meade headquarters, Ms. Richards' primary job will be to provide expert advice to the Director and oversight of NSA's civil liberties and privacy related activities. She will also develop measures to further strengthen NSA's privacy protections.
  • Paul Merrell on 06 Apr 14
     
    Softball Interview here. . I wasn't really expecting Obama to reach out to the ACLU and EFF for a good civil liberties lawyer recommendation, but this appointment is lame, the former Director of Privacy for Dept. of Homeland Security, those wonderful folk who keep the homeland safe from terra-ists. The airport gropers, secret no-fly listers, and masters of border protection, where all Constitutional privacy rights do not apply, per the Supreme Court., the coordinators of our glorious "fusion centers," the provisioners of funding for armored cars and surveillance equipment for local police, etc. A sample from her interview linked above that I transcribed (omitting all the umhs and ahs): "When you think about NSA, privacy there for them was privacy of its employees, about contractors, about the average person walking down the street - it was not as concentrated on, this is the big collection that we're getting through these means, and so what this job does is that it brings it up under direct reports to the director of NSA and it is just as a focal point, to bring all of those and -- I walked in the building and people were already asking questions so ..." Heaven help us; has this lassie's brain yet matured to the point of completing her first sentence? This is the lady who is going to keep Admiral Rogers on the straight and narrow path of respecting our civil liberties? I suspect not.  I may return to this inarticulate and non-assertive young lady in later posts. Let it suffice for now to observe that the Dept. of Homeland Security, whose raison d'etre is a virtually non-existent terrorist threat manufactured by the politics of fear, has not exactly been a champion of the People's civil liberties. Moreover, I've had recent occasion to dig rather deeply into exactly what it is that Privacy Officers do and don't do. Telling heads of agencies that they cannot lawfully do what they want to do is no
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House of Representatives moves to ban NSA's 'backdoor search' provision | World news | ... - 0 views

www.theguardian.com/...a-backdoor-search-surveillance surveillance state NSA-reform legislation Defense-spending NSA-backdoors
shared by Paul Merrell on 21 Jun 14 - No Cached
  • Surveillance reform gained new congressional momentum as the US House of Representatives unexpectedly and overwhelmingly endorsed stripping a major post-9/11 power from the National Security Agency late Thursday night.By a substantial and bipartisan margin, 293 to 121, representatives moved to ban the NSA from searching warrantlessly through its troves of ostensibly foreign communications content for Americans' data, the so-called "backdoor search" provision revealed in August by the Guardian thanks to leaks from Edward Snowden.The move barring funds for warrantless searches "using an identifier of a United States person" came as an amendment added by Zoe Lofgren, Democrat of California, and Thomas Massie, Republican of Kentucky, to the annual defense appropriations bill, considered a must-pass piece of legislation to fund the US military. Also banned is the NSA's ability, disclosed through the Snowden leaks, to secretly insert backdoor access to user data through hardware or communications services.
  • Paul Merrell on 21 Jun 14
     
    The most detailed report on the lopsided House vote in favor of reining in NSA's authority. But note that as worded: [i] the prohibition applies to NSA, CIA, and FBI; [ii] but the provision bans spending from this particular Defense Spending Act appropriation only. A more permanent statute will be needed later.  The text of the amendment is here. http://repcloakroom.house.gov/uploadedfiles/massie.pdf According to the Huffington Post, another amendment passed forbidding Obama from launching "sustained combat" in Iraq.
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The New Snowden? NSA Contractor Arrested Over Alleged Theft Of Classified Data - 0 views

www.mintpressnews.com/...221187 surveillance state NSA zero-day-exploits leak arrest prosecution Martin
shared by Paul Merrell on 07 Oct 16 - No Cached
  • A contractor working for the National Security Agency (NSA) was arrested by the FBI following his alleged theft of “state secrets.” More specifically, the contractor, Harold Thomas Martin, is charged with stealing highly classified source codes developed to covertly hack the networks of foreign governments, according to several senior law enforcement and intelligence officials. The Justice Department has said that these stolen materials were “critical to national security.” Martin was employed by Booz Allen Hamilton, the company responsible for most of the NSA’s most sensitive cyber-operations. Edward Snowden, the most well-known NSA whistleblower, also worked for Booz Allen Hamilton until he fled to Hong Kong in 2013 where he revealed a trove of documents exposing the massive scope of the NSA dragnet surveillance. That surveillance system was shown to have targeted untold numbers of innocent Americans. According to the New York Times, the theft “raises the embarrassing prospect” that an NSA insider managed to steal highly damaging secret information from the NSA for the second time in three years, not to mention the “Shadow Broker” hack this past August, which made classified NSA hacking tools available to the public.
  • Snowden himself took to Twitter to comment on the arrest. In a tweet, he said the news of Martin’s arrest “is huge” and asked, “Did the FBI secretly arrest the person behind the reports [that the] NSA sat on huge flaws in US products?” It is currently unknown if Martin was connected to those reports as well.
  • It also remains to be seen what Martin’s motivations were in removing classified data from the NSA. Though many suspect that he planned to follow in Snowden’s footsteps, the government will more likely argue that he had planned to commit espionage by selling state secrets to “adversaries.” According to the New York Times article on the arrest, Russia, China, Iran, and North Korea are named as examples of the “adversaries” who would have been targeted by the NSA codes that Martin is accused of stealing. However, Snowden revealed widespread US spying on foreign governments including several US allies such as France and Germany. This suggests that the stolen “source codes” were likely utilized on a much broader scale.
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NSA Spying On - and Blackmailing - Top Government Officials and Military Officers Alex ... - 1 views

www.infowars.com/fficials-and-military-officers NSA-Patriot-Act-NDAA Liberty-Tryanny Fascism Totalitarian-State
shared by Gary Edwards on 21 Jun 13 - No Cached
  • During the raid, Binney attempted to report to FBI officials the crimes he had witnessed at NSA, in particular the NSA’s violation of the constitutional rights of all Americans.
  • Other NSA whistleblowers have also been subjected to armed raids and criminal prosecution.
  • Even the head of the CIA was targeted with extra-constitutional spying and driven out of office. 
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  • Indeed, Binney makes it very clear that the government will use information gained from its all-pervasive spying program to frame anyone it doesn’t like.
  • In a speech on March 21, second-term Obama gave us a big clue regarding his concept of leadership – one that is marked primarily by political risk-avoidance and a penchant for “leading from behind”:
  • “Speaking as a politician, I can promise you this: political leaders will not take risks if the people do not demand that they do. You must create the change that you want to see.”
  • Gary Edwards on 21 Jun 13
     
    A handful of NSA Whistleblowers continue to talk, pointing out that the NSA and CIA are using the global dragnet to BLACKMAIL the most powerful and influential people in the world.   That list would include Obama, Chief Justice John Roberts, General David Patraeus, members of the FiSA Court; so many people in fact that it would be easier to guess at the few who are not acting like they are being blackmailed.   Like Ted Cruz, Jim DeMint, and Ron Paul.  Right.  It's a very short list.  Oh wait, Senator DeMint resigned his position.  And so it goes. excerpt: "NSA whistleblower Russel Tice - a key source in the 2005 New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping - told Peter B. Collins on Boiling Frogs Post (the website of FBI whistleblower Sibel Edmonds): Tice: Okay. They went after-and I know this because I had my hands literally on the paperwork for these sort of things-they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the-and judicial. But they went after other ones, too. They went after lawyers and law firms. All kinds of-heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Courtthat I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in theexecutive service that were part of the White House-their own people. They went after antiwar groups. They went after U.S. international-U.S. companies that that do international business, you know, business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs that-like the Red Cross, people like that that go overseas and do humanitarian work. They went after a few antiwar civi
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Rand Paul files suit against Obama, NSA Wednesday - 1 views

www.washingtonpost.com/...s-suit-against-obama-nsa-today surveillance state NSA 4th Amendment litigation Rand Paul
shared by Paul Merrell on 12 Feb 14 - No Cached
  • Kentucky Sen. Rand Paul (R) and Matt Kibbe, president of the conservative organizing group FreedomWorks, are filing a class action lawsuit against President Obama and other members of his administration over the National Security Agency's collection of phone metadata, a practice they believe violates the Fourth Amendment. In a YouTube video released Tuesday, Paul compared the government surveillance to the warrantless searches practiced by the British military prior to American independence.
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Senate Investigation of Bush-Era Torture Erupts Into Constitutional Crisis | The Nation - 0 views

www.thenation.com/...e-erupts-constitutional-crisis surveillance state CIA Feinstein Senate-Intelligence-Committee
shared by Paul Merrell on 12 Mar 14 - No Cached
  • Here’s what Feinstein described Tuesday morning: At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis. […] Shortly [after Udall’s comments], on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications. According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it. Instead, the CIA just went and searched the committee’s computers.
  • If what Feinstein alleges is true, it essentially amounts to a constitutional crisis. And she said as much during her speech, describing “a defining moment for the oversight of our intelligence community.” “I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function,” Feinstein said. “Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”
  • There’s also the issue of intimidation. The media reports that have been bubbling up recently around this issue have suggested that Senate investigators illegally obtained the Panetta review—some even raised the specter of hacking by the Senate investigators. The CIA went so far as to file a crime report with the Department of Justice, accusing Senate staffers of illegally obtaining the Panetta review. Tuesday morning, Feinstein strenuously denied the review was illegally obtained, and asserted it was included in the 6.2 million files turned over by the CIA and describing at length why Senate lawyers felt it was a lawful document for the committee to possess. And, in a remarkable statement, Feinstein accused the CIA of intimidation by filing the crime report. “[T]here is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral [to DoJ] as a potential effort to intimidate this staff—and I am not taking it lightly.” Feinstein went on to note one fairly amazing fact. The (acting) general counsel she referred to, who filed the complaint with DoJ, was a lawyer in the CIA’s counterterrorism center beginning in 2004. That means he was directly involved in legal justifications for the torture program. “And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff,” she noted gravely. “The same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.”
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  • Feinstein included an interesting aside in her speech. “Let me note: because the CIA has refused to answer the questions in my January 23 letter, and the CIA inspector general review is ongoing, I have limited information about exactly what the CIA did in conducting its search.”
  • Also: remember that earlier this year, in response to a question from Senator Bernie Sanders, the National Security Agency did not expressly deny spying on Congress. The NSA may just have been being careful with its language, reasoning that since bulk data collection exists, perhaps members of Congress were caught up in it. But the question remains: if the CIA felt justified spying on Senate computers, may it have listened in on phone calls as well?
  • Feinstein’s grave concerns were echoed Tuesday morning by Senator Patrick Leahy, chair of the Senate Judiciary Committee. “This is not just about getting to the truth of the CIA’s shameful use of torture. This is also about the core founding principle of the separation of powers, and the future of this institution and its oversight role,” Leahy said in a statement. “The Senate is bigger than any one Senator. Senators come and go, but the Senate endures. The members of the Senate must stand up in defense of this institution, the Constitution, and the values upon which this nation was founded.”
  • Underlying this constitutional crisis is a desire by many at the CIA to sweep the Bush-era torture abuses under the rug. That logically would be the clear motivating factor in seizing the Panetta review from Senate investigators. And Brennan wasn’t afraid to keep pushing that approach—even during the same Tuesday interview with NBC’s Mitchell in which he denied “spying” on the Senate. Brennan also said that the CIA’s history of detention and interrogation should be “put behind us.” (It should be noted, of course, that there is strong circumstantial evidence that Brennan himself was complicit in the illegal torture program when he served in the Bush administration.) In the wake of her revelations on Tuesday, Feinstein renewed her desire to declassify the Senate report. “We’re not going to stop. I intend to move to have the findings, conclusions and the executive summary of the report sent to the president for declassification and release to the American people,” she said, and suggested the findings will shock the public. “If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.”
  • Obama has long said he supports declassification, and it seems it will happen soon. Tuesday, Feinstein was already moving to hold a committee vote on declassification. Committee Republicans will likely oppose it, but independent Senator Angus King, the swing vote, told reporters he is inclined to vote for declassification.
  • Paul Merrell on 12 Mar 14
     
    Note the error in the last quoted paragraph: Obama has said he supports declassification of the Senate report's *findings," not the entire report. That's likely over a 6,000-page difference.
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Anonymous Fearmongering About the Patriot Act from the White House and NYT - The Intercept - 0 views

firstlook.org/...r-mongering-patriot-act-nyt-wh surveillance state politics-of-fear Patriot-Act white-house
shared by Paul Merrell on 31 May 15 - No Cached
  • Several of the most extremist provisions of the 2001 Patriot Act are going to expire on June 1 unless Congress reauthorizes them in some form. Obama officials such as Director of National Intelligence James Clapper and new Attorney General Loretta Lynch have been engaged in rank fear-mongering to coerce renewal, warning that we’ll all be “less safe” if these provisions are allowed to “sunset” as originally intended, while invoking classic Cheneyite rhetoric by saying Patriot Act opponents will bear the blame for the next attack. In an interview yesterday with the Intercept, ACLU Deputy Legal Director Jameel Jaffer explained why those scare tactics are outright frivolous. Enter the New York Times. An article this morning by Julie Hirschfeld Davis, in the first paragraph, cites anonymous Obama officials warning that “failing to [strike a deal by the deadline] would suspend crucial domestic surveillance authority at a time of mounting terrorism threats.” Behold the next two paragraphs:
  • “What you’re doing, essentially, is you’re playing national security Russian roulette,” one senior administration official said of allowing the powers to lapse. That prospect appears increasingly likely with the measure, the USA Freedom Act, stalled and lawmakers in their home states and districts during a congressional recess. “We’re in uncharted waters,” another senior member of the administration said at a briefing organized by the White House, where three officials spoke with reporters about the consequences of inaction by Congress. “We have not had to confront addressing the terrorist threat without these authorities, and it’s going to be fraught with unnecessary risk.”
  • Those two paragraphs, courtesy of the Obama White House and the Paper of Record, have it all: the principal weapons that have poisoned post-9/11 political discourse in the U.S.
  • Paul Merrell on 31 May 15
     
    Greenwald takes on the politics of fear.
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Further Details On The Foreign Spying The NSA Is/Isn't/Is Doing And How Much The Admini... - 0 views

www.techdirt.com/...on-knowsdoesnt-knowknows.shtml surveillance state NSA NSA-blowback lies Obama finger-pointing must-read
shared by Paul Merrell on 31 Oct 13 - No Cached
  • In only a handful of days, the usual leak-and-denial progression of the Snowden leaks has completely disintegrated. The pattern was comforting in its own way, but the battle lines are now in a state of flux.
  • The NSA is now fully engaged in its own defense. Losing support it assumed was guaranteed has forced it to start playing dirty. With the administration swiftly extracting itself from this codependent relationship and an angered (but for all the wrong reasons) Sen. Feinstein targeting any number of surveillance programs, the NSA can no longer rely on rehashing talking points and staying above the fray. This will get nastier as it goes on, and that's wonderful. Any opponent of the NSA's programs has to be thrilled to see the agency left to fend for itself. Anyone who enjoys watching government entities forced to confront their own bad decisions has to be thrilled as well. It looks like the NSA is beginning to feel that if it can't have any secrets, neither can anyone else it "answers" to.
  • Paul Merrell on 31 Oct 13
     
    Tim Cushing makes an epic effort to chart a course through this week's desertion of the NSA by the Obama Administration. It's a lengthy read but well worth it, hilarious at times as he traces the multiple changes of positions. This is a must-read 
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What was the Israeli involvement in collecting U.S. communications intel for NSA? - Dip... - 0 views

www.haaretz.com/...cations-intel-for-nsa-1.528529 security state NSA digital surveillance Israel IDF Unit-8200
shared by Paul Merrell on 10 Jun 13 - No Cached
  • Were Israeli companies Verint and Narus the ones that collected information from the U.S. communications network for the National Security Agency? The question arises amid controversy over revelations that the NSA has been collecting the phone records of hundreds of millions of Americans every day, creating a database through which it can learn whether terror suspects have been in contact with people in the United States. It also was disclosed this week that the NSA has been gathering all Internet usage - audio, video, photographs, emails and searches - from nine major U.S. Internet providers, including Microsoft and Google, in hopes of detecting suspicious behavior that begins overseas.
  • According to an article in the American technology magazine "Wired" from April 2012, two Israeli companies – which the magazine describes as having close connections to the Israeli security community – conduct bugging and wiretapping for the NSA. Verint, which took over its parent company Comverse Technology earlier this year, is responsible for tapping the communication lines of the American telephone giant Verizon, according to a past Verizon employee sited by James Bamford in Wired. Neither Verint nor Verizon commented on the matter.
  • Natus, which was acquired in 2010 by the American company Boeing, supplied the software and hardware used at AT&T wiretapping rooms, according to whistleblower Mark Klein, who revealed the information in 2004. Klein, a past technician at AT&T who filed a suit against the company for spying on its customers, revealed a "secret room" in the company's San Fransisco office, where the NSA collected data on American citizens' telephone calls and Internet surfing. Klein's claims were reinforced by former NSA employee Thomas Drake who testified that the agency uses a program produced by Narus to save the personal electrical communications of AT&T customers.  Both Verint and Narus have ties to the Israeli intelligence agency and the Israel Defense Forces intelligence-gathering unit 8200. Hanan Gefen, a former commander of the 8200 unit, told Forbes magazine in 2007 that Comverse's technology, which was formerly the parent company of Verint and merged with it this year, was directly influenced by the technology of 8200. Ori Cohen, one of the founders of Narus, told Fortune magazine in 2001 that his partners had done technology work for the Israeli intelligence.
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  • "Nobody is listening to your telephone calls," Obama assured the nation after two days of reports that many found unsettling. What the government is doing, he said, is digesting phone numbers and the durations of calls, seeking links that might "identify potential leads with respect to folks who might engage in terrorism." If there's a hit, he said, "if the intelligence community then actually wants to listen to a phone call, they've got to go back to a federal judge, just like they would in a criminal investigation."
  • Obama said U.S. intelligence officials are looking at phone numbers and lengths of calls - not at people's names - and not listening in.
  • Paul Merrell on 10 Jun 13
     
    It figures that the Israeli creators of the Stuxnet worm would be involved. And here we also get our reminder why Obama is lying. We hearken back to the days when several ISPs and Telcos were being sued in class actions for providing NSA with access to their subscriber's phone calls and internet traffic.  Those suits ended only after Congress passed legislation immunizing the companies from suit for collaboration with NSA. The net effect was to allow the NSA to continue eavesdropping. So it matters not that Prism allegedly only gets the communications metadata. NSA need only correlate the metadata with the actual communications obtained from the Telcos and ISPs.   
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Obama starts Syria war to deviate from Snowden scandal: Escobar | Mizo News - 0 views

www.mizonews.net/...e-from-snowden-scandal-escobar NSA Syria Snowden extradition Hong Kong China
shared by Paul Merrell on 16 Jun 13 - No Cached
  • Snowden has reportedly been stopped from flying to the UK. The man who lifted the lid on America’s secret surveillance activities is being pursued by Washington. For his latest revelation, he told a Hong Kong newspaper that the U.S. repeatedly hacks into Chinese computer networks. For more about the leaks and Snowden’s future we’re now joined live by Pepe Escobar, a roving correspondent for the Asia Times.
  • Paul Merrell on 16 Jun 13
     
    Pepe Escobar is my go-to investigative reporter for the Asian continent. In this video interview, he discusses Edward Snowden's choice of Hong Kong to seek asylum and ties that situation to Obama's decision to arm Syrian "rebels." However, he missed one thing regarding Snowden's forthcoming bid for political asylum in Hong Kong. Yes, Hong Kong has an extradition treaty with the U.S. But Pepe missed that China has legal veto power over Hong decisions to allow extradition. Snowden's choice of Hong Kong as the place to flee to was nothing short of brilliant. First the big PRISM splash in The Guardian, then just before Obama met with the Chinese President to discuss cyberwarfare, Snowden played his documents showing that the NSA has been hacking China and Hong Kong for years. Now China has to protect him. But beware a CIA kidnapping or bullet in the head. BTW, the editorial in the global times that Pepe describes as having flowed straight from the Chinese government's pen is at http://www.globaltimes.cn/content/788734.shtml   
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Google, ACLU call to delay government hacking rule | TheHill - 0 views

thehill.com/...-delay-government-hacking-rule surveillance state Rule-41 oppostion Google ACLU
shared by Paul Merrell on 23 Nov 16 - No Cached
  • A coalition of 26 organizations, including the American Civil Liberties Union (ACLU) and Google, signed a letter Monday asking lawmakers to delay a measure that would expand the government’s hacking authority. The letter asks Senate Majority Leader Mitch McConnellMitch McConnellTrump voices confidence on infrastructure plan GOP leaders to Obama: Leave Iran policy to Trump GOP debates going big on tax reform MORE (R-Ky.) and Minority Leader Harry ReidHarry ReidNevada can’t trust Trump to protect public lands Sanders, Warren face tough decision on Trump Google, ACLU call to delay government hacking rule MORE (D-Nev.), plus House Speaker Paul RyanPaul RyanTrump voices confidence on infrastructure plan GOP leaders to Obama: Leave Iran policy to Trump GOP debates going big on tax reform MORE (R-Wis.), and House Minority Leader Nancy Pelosi (D-Calif.) to further review proposed changes to Rule 41 and delay its implementation until July 1, 2017. ADVERTISEMENTThe Department of Justice’s alterations to the rule would allow law enforcement to use a single warrant to hack multiple devices beyond the jurisdiction that the warrant was issued in. The FBI used such a tactic to apprehend users of the child pornography dark website, Playpen. It took control of the dark website for two weeks and after securing two warrants, installed malware on Playpen users computers to acquire their identities. But the signatories of the letter — which include advocacy groups, companies and trade associations — are raising questions about the effects of the change. 
  • Paul Merrell on 23 Nov 16
     
    ".. no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Fourth Amendment. The changes to Rule 41 ignore the particularity requirement by allowing the government to search computers that are not particularly identified in multiple locations not particularly identifed, in other words, a general warrant that is precisely the reason the particularity requirement was adopted to outlaw.
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The Washington-Wall Street Revolving Door Keeps Spinning - 0 views

www.informationclearinghouse.info/article30348.htm Banksters Bankster-Campaign-Funding Too-Big WhiteHouse-Banksters
shared by Gary Edwards on 25 Jan 12 - No Cached
  • President Obama may call bankers “fat cats” and stir the rabble against them with populist rhetoric when it serves his interest, but after the fiscal fiasco, he allowed the culprits to escape virtually scot-free. When he’s in New York he dines with them frequently and eagerly accepts their big contributions. Like his predecessors, his administration also has provided them with billions of taxpayer dollars – low-cost money that they used for high-yielding investments to make big profits. The largest banks are bigger than they were when he took office and earned more in the first two-and-a-half years of his term than they did during the entire eight years of the Bush administration. That’s confirmed by industry data. And get this. It turns out, according to The New York Times, that as President Obama’s inner circle has been shrinking, his “rare new best friend” is Robert Wolf. They play basketball, golf, and talk economics when Wolf is not raising money for the president’s campaign. Robert Wolf runs the U.S. branch of the giant Swiss bank UBS, which participated in schemes to help rich Americans evade their taxes. During hearings in 2009, Michigan’s Senator Carl Levin, chairman of the permanent subcommittee on investigations, described some of the tricks used by UBS: “Swiss bankers aided and abetted violations of U.S. tax law by traveling to this country with client code names, encrypted computers, counter- surveillance training, and all the rest of it, to enable U.S. residents to hide assets and money in Swiss accounts.
    • Gary Edwards
      Gary Edwards on 25 Jan 12
       
      First time i've heard about Robert "the Bankster" Wolf!  Didn't realize how complicit he was in perfecting Bankster tax evasion schemes.
  • Gary Edwards on 25 Jan 12
     
    Nice grab by Marbux.   The old maxim holds true and is more important today than ever before: "Don't listen to what they say.  Watch carefully what they do!" excerpt: We've already made our choice for the best headline of the year, so far: "Citigroup Replaces JPMorgan as White House Chief of Staff." When we saw it on the website Gawker.com we had to smile - but the smile didn't last long. There's simply too much truth in that headline; it says a lot about how Wall Street and Washington have colluded to create the winner-take-all economy that rewards the very few at the expense of everyone else. The story behind it is that Jack Lew is President Obama's new chief of staff - arguably the most powerful office in the White House that isn't shaped like an oval. He used to work for the giant banking conglomerate Citigroup. His predecessor as chief of staff is Bill Daley, who used to work at the giant banking conglomerate JPMorgan Chase, where he was maestro of the bank's global lobbying and chief liaison to the White House. Daley replaced Obama's first chief of staff, Rahm Emanuel, who once worked as a rainmaker for the investment bank now known as Wasserstein & Company, where in less than three years he was paid a reported eighteen and a half million dollars. The new guy, Jack Lew - said by those who know to be a skilled and principled public servant - ran hedge funds and private equity at Citigroup, which means he's a member of the Wall Street gang, too. His last job was as head of President Obama's Office of Management and Budget, where he replaced Peter Orzag, who now works as vice chairman for global banking at - hold on to your deposit slip - Citigroup. Still with us? It's startling the number of high-ranking Obama officials who have spun through the revolving door between the White House and the sacred halls of investment banking.
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Stanford Researchers: It Is Trivially Easy to Match Metadata to Real People - Rebecca J... - 0 views

www.theatlantic.com/...282642 surveillance state NSA lies Obama
shared by Paul Merrell on 13 Jan 14 - No Cached
  • In defending the NSA's telephony metadata collection efforts, government officials have repeatedly resorted to one seemingly significant detail: This is just metadata—numbers dialed, lengths of calls. "There are no names, there’s no content in that database," President Barack Obama told Charlie Rose in June. No names; just metadata. New research from Stanford demonstrates the silliness of that distinction. Armed with very sparse metadata, Jonathan Mayer and Patrick Mutchler found it easy—trivially so—to figure out the identity of a caller. <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drebecca-j-rosen%26title%3Dstanford-researchers-it-is-trivially-easy-to-match-metadata-to-real-people%26pos%3Din-article&sz=300x185&c=387748957&tile=3" title=""><img src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drebecca-j-rosen%26title%3Dstanford-researchers-it-is-trivially-easy-to-match-metadata-to-real-people%26pos%3Din-article&sz=300x185&c=387748957&tile=3" alt="" /></a></div> Mayer and Mutchler are running an experiment which works with volunteers who agree to use an Android app, MetaPhone, that allows the researchers access to their metadata. Now, using that data, Mayer and Mutchler say that it was hardly any trouble at all to figure out who the phone numbers belonged to, and they did it in just a few hours.
  • They write: We randomly sampled 5,000 numbers from our crowdsourced MetaPhone dataset and queried the Yelp, Google Places, and Facebook directories. With little marginal effort and just those three sources—all free and public—we matched 1,356 (27.1%) of the numbers. Specifically, there were 378 hits (7.6%) on Yelp, 684 (13.7%) on Google Places, and 618 (12.3%) on Facebook. What about if an organization were willing to put in some manpower? To conservatively approximate human analysis, we randomly sampled 100 numbers from our dataset, then ran Google searches on each. In under an hour, we were able to associate an individual or a business with 60 of the 100 numbers. When we added in our three initial sources, we were up to 73. How about if money were no object? We don’t have the budget or credentials to access a premium data aggregator, so we ran our 100 numbers with Intelius, a cheap consumer-oriented service. 74 matched.1 Between Intelius, Google search, and our three initial sources, we associated a name with 91 of the 100 numbers.
  • Their results weren't perfect (and they note that the Intelius data was particularly spotty), but they didn't even try all that hard. "If a few academic researchers can get this far this quickly, it’s difficult to believe the NSA would have any trouble identifying the overwhelming majority of American phone numbers," they conclude. It's also difficult to believe they wouldn't try. As federal district judge Richard Leon wrote in his decision last week, "There is also nothing stopping the Government from skipping the [National Security Letter] step altogether and using public databases or any of its other vast resources to match phone numbers with subscribers."
  • Paul Merrell on 13 Jan 14
     
    Another Obama/NSA lie exposed. 
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NSA Insiders Reveal What Went Wrong | Consortiumnews - 0 views

consortiumnews.com/...nsiders-reveal-what-went-wrong surveillance state NSA NSA-blowback VIPS Obama must-read
shared by Paul Merrell on 09 Jan 14 - No Cached
  • In a memo to President Obama, former National Security Agency insiders explain how NSA leaders botched intelligence collection and analysis before 9/11, covered up the mistakes, and violated the constitutional rights of the American people, all while wasting billions of dollars and misleading the public. January 7, 2014 MEMORANDUM FOR: The President FROM: Former NSA Senior Executives/Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Input for Your Decisions on NSA
  • Signed/ William Binney, former Technical Director, World Geopolitical & Military Analysis; Co-founder of the SIGINT Automation Research Center. Thomas Drake, former Defense Intelligence Senior Executive Service, NSA Edward Loomis, former Chief, SIGINT Automation Research Center, NSA J. Kirk Wiebe, former Senior Analyst, SIGINT Automation Research Center, NSA PREPARED UNDER AUSPICES OF AD HOC STEERING GROUP, VETERAN INTELLIGENCE PROFESSIONALS FOR SANITY
  • Paul Merrell on 09 Jan 14
     
    Former NSA officials publish an open memorandum to Obama, seeking a meeting with him to explain how the NSA is drowning in data that it cannot effectively process, how more than $1 billion was wasted on a never-completed system to process it, and how a $3 million system that could and did process it effectively was shot down by former NSA Director Michael Hayden so he could award the contract for the much more expensive version to his buddies. And much, much more
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Then Senator Obama blasts the Patriot Act, National Security Letters, Snooping on Ameri... - 0 views

www.youtube.com/watch surveillance state Obama Patriot-Act hypocrisy
shared by Paul Merrell on 29 Jan 14 - No Cached
  • Paul Merrell on 29 Jan 14
     
    From 2008. Obama on the floor of the Senate, blasting the Patriot Act for invasions of liberty. 
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Lawmakers vow to constrain NSA from collecting U.S. phone records - latimes.com - 0 views

www.latimes.com/...cords-20131222,0,6798521.story surveillance state NSA NSA-blowback NSA-reform legislation
shared by Paul Merrell on 24 Dec 13 - No Cached
  • The drive to end the bulk collection of phone records by the National Security Agency is gaining strength, as Senate Democrats said Sunday that Congress will change the law to ban the practice if President Obama does not do it first. “It’s time to have real reform, not a veneer of reform,” said Sen. Mark Udall (D-Colo.), a longtime critic of the NSA. “We have got to rebuild the American people’s trust in our intelligence community so we can be safe,” he said on ABC’s "This Week." “But we don’t do that by bulk data collection that violates the privacy of Americans. That’s unconstitutional, and has shown to not be effective.” Last week, a federal judge said the routine collection of the dialing records is probably unconstitutional, and a panel appointed by President Obama recommended a major change. “We believe the government shouldn’t hold this data any longer,” Michael Morrell, a former acting director of the CIA and a panel member, said on CBS’ "Face the Nation." He said the phone records could be held by the phone companies or by another private group. Then, the government would “need a court order every time they wanted to query that data,” he said. Despite the need for reforms, Morrell said the original purpose of the program still makes sense. He said it is crucial the NSA and the FBI can move quickly if there is reason to believe that a “terrorist overseas is talking to someone in the United States.”
  • But the government does not need to collect and store all of these dialing records, he said, so long as they are held in private hands. Senate Judiciary Committee Chairman Patrick J. Leahy (D-Vt.) said he will press ahead in January to pass a bill that forbids the NSA from collecting phone records. He is sponsoring the USA Freedom Act with former House Judiciary Committee Chairman F. James Sensenbrenner (R-Wis.) to close what they now see as a loophole in the law.
  • Paul Merrell on 24 Dec 13
     
    Wrong approach, in my opinion. None of the NSA reform measures so far take aim at the problem's roots. Those are unwarranted government secrecy, lack of reviewability by the courts at the request of the affected public, and no clear definition of digital privacy rights. Make something illegal for the NSA to do and DoD will just transfer those responsibilities to another of its agencies or farm it out to one of the other 5 Eyes nations to perform for them.   
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