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Beijing Strikes Back in US-China Tech Wars | The Diplomat - 0 views

  • China’s new draft anti-terror legislation has sent waves across the U.S. tech community. If there is a brewing tech war between U.S. and China over government surveillance backdoors and a preference for indigenous software, China’s new draft terror law makes it clear that Beijing is happy to give the United States a taste of its own medicine. The law has already drawn considerable criticism from international human rights groups, including Amnesty International and Human Rights Watch for its purported attempts to legitimize wanton human rights violations in the name of counter-terrorism. Additionally, China has opted to implement its own definition of terrorism, placing  “any thought, speech, or activity that, by means of violence, sabotage, or threat, aims to generate social panic, influence national policy-making, create ethnic hatred, subvert state power, or split the state” under the umbrella of the overused T-word. The problematic human rights issues aside, the draft anti-terror law will have important implications for foreign tech firms within China. According to Reuters’ reporting on the draft anti-terror law, counter-terrorism precautions by the Chinese government would essentially require foreign firms to “hand over encryption keys and install security ‘backdoors’” into their software. Additionally, these firms would have to store critical data — certainly data on Chinese citizens and residents — on Chinese soil. The onerous implications of this law could have lead to an immediate freeze to the activities of several Western tech companies in China, the world’s second largest economy and a booming emerging market for new technologies.
  • On the surface, the most troublesome implication of this law is that in order to comply with this law, Western firms, including non-technical ventures such as financial institutions and manufacturers, will be forced to give up a great deal of security. In essence, corporate secrets, financial data — all critical data — would be insecure and available for access by Chinese regulators. The new law would also prohibit the use of secure virtual private networks (VPNs) to get around these requirements.
  • The U.S. diplomatic response to Beijing’s new draft law is perhaps best captured in the fact that a whopping four cabinet members in the Obama administration, including Secretary of State John Kerry and U.S. Trade Representative Michael Froman, wrote the Chinese government expressing “serious concern.” China, for its part, seemed unfazed by U.S. concerns. Foreign Ministry spokesperson Hua Chunying told the press that she hoped the United States would view the new anti-terror precautions in “in a calm and objective way.” Indeed, following Edward Snowden’s revelations regarding the extent of the United States’ surveillance of private firms both within and outside the United States, Beijing likely views U.S. concerns as hypocritical. One U.S. industry source told Reuters that the new law was ”the equivalent of the Patriot Act on really, really strong steroids.”
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WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ou... - 0 views

  • An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.
  • The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.
  • The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.
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  • Another committee member, Sen. Ron Wyden, D-Ore., and some civil rights groups called for a fuller investigation. The demands clashed with a desire by President Barack Obama, other lawmakers and the CIA to move beyond the controversy over the “enhanced interrogation program” after Feinstein releases her committee’s report, which could come as soon as next weekMany members demanded that Brennan explain his earlier denial that the CIA had accessed the Senate committee database.“Director Brennan should make a very public explanation and correction of what he said,” said Sen. Carl Levin, D-Mich. He all but accused the Justice Department of a coverup by deciding not to pursue a criminal investigation into the CIA’s intrusion.
  • “I thought there might have been information that was produced after the department reached their conclusion,” he said. “What I understand, they have all of the information which the IG has.”He hinted that the scandal goes further than the individuals cited in Buckley’s report.“I think it’s very clear that CIA people knew exactly what they were doing and either knew or should’ve known,” said Levin, adding that he thought that Buckley’s findings should be referred to the Justice Department.A person with knowledge of the issue insisted that the CIA personnel who improperly accessed the database “acted in good faith,” believing that they were empowered to do so because they believed there had been a security violation.“There was no malicious intent. They acted in good faith believing they had the legal standing to do so,” said the knowledgeable person, who asked not to be further identified because they weren’t authorized to discuss the issue publicly. “But it did not conform with the legal agreement reached with the Senate committee.”
  • Feinstein called Brennan’s apology and his decision to submit Buckley’s findings to the accountability board “positive first steps.”“This IG report corrects the record and it is my understanding that a declassified report will be made available to the public shortly,” she said in a statement.“The investigation confirmed what I said on the Senate floor in March _ CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers,” she said.It was not clear why Feinstein didn’t repeat her charges from March that the agency also may have broken the law and had sought to “thwart” her investigation into the CIA’s use of waterboarding, which simulates drowning, sleep deprivation and other harsh interrogation methods _ tactics denounced by many experts as torture.
  • Buckley’s findings clashed with denials by Brennan that he issued only hours after Feinstein’s blistering Senate speech.“As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s _ that’s just beyond the _ you know, the scope of reason in terms of what we would do,” he said in an appearance at the Council on Foreign Relations.White House Press Secretary Josh Earnest issued a strong defense of Brennan, crediting him with playing an “instrumental role” in the administration’s fight against terrorism, in launching Buckley’s investigation and in looking for ways to prevent such occurrences in the future.Earnest was asked at a news briefing whether there was a credibility issue for Brennan, given his forceful denial in March.“Not at all,” he replied, adding that Brennan had suggested the inspector general’s investigation in the first place. And, he added, Brennan had taken the further step of appointing the accountability board to review the situation and the conduct of those accused of acting improperly to “ensure that they are properly held accountable for that conduct.”
  • The allegations and the separate CIA charge that the committee staff removed classified documents from the secret CIA facility in Northern Virginia without authorization were referred to the Justice Department for investigation.The department earlier this month announced that it had found insufficient evidence on which to proceed with criminal probes into either matter “at this time.” Thursday, Justice Department officials declined comment.
  • In her speech, Feinstein asserted that her staff found the material _ known as the Panetta review, after former CIA Director Leon Panetta, who ordered it _ in the protected database and that the CIA discovered the staff had it by monitoring its computers in violation of the user agreement.The inspector general’s summary, which was prepared for the Senate and the House intelligence committees, didn’t identify the CIA personnel who had accessed the Senate’s protected database.Furthermore, it said, the CIA crimes report to the Justice Department alleging that panel staffers had removed classified materials without permission was grounded on inaccurate information. The report is believed to have been sent by the CIA’s then acting general counsel, Robert Eatinger, who was a legal adviser to the interrogation program.“The factual basis for the referral was not supported, as the author of the referral had been provided inaccurate information on which the letter was based,” said the summary, noting that the Justice Department decided not to pursue the issue.
  • Christopher Anders, senior legislative counsel with the American Civil Liberties Union, criticized the CIA announcement, saying that “an apology isn’t enough.”“The Justice Department must refer the (CIA) inspector general’s report to a federal prosecutor for a full investigation into any crimes by CIA personnel or contractors,” said Anders.
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    And no one but the lowest ranking staffer knew anything about it, not even the CIA lawyer who made the criminal referral to the Justice Dept., alleging that the Senate Intelligence Committee had accessed classified documents it wasn't authorized to access. So the Justice Dept. announces that there's insufficient evidence to warrant a criminal investigation. As though the CIA lawyer's allegations were not based on the unlawful surveillance of the Senate Intelligence Committee's network.  Can't we just get an official announcement that Attorney General Holder has decided that there shall be a cover-up? 
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'Clinton death list': 33 spine-tingling cases - 0 views

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    "(Editor's note: This list was originally published in August 2016 and has gone viral on the web. WND is running it again as American voters cast their ballots for the nation's next president on Election Day.) How many people do you personally know who have died mysteriously? How about in plane crashes or car wrecks? Bizarre suicides? People beaten to death or murdered in a hail of bullets? And what about violent freak accidents - like separate mountain biking and skiing collisions in Aspen, Colorado? Or barbells crushing a person's throat? Bill and Hillary Clinton attend a funeral Apparently, if you're Bill or Hillary Clinton, the answer to that question is at least 33 - and possibly many more. Talk-radio star Rush Limbaugh addressed the issue of the "Clinton body count" during an August show. "I swear, I could swear I saw these stories back in 1992, back in 1993, 1994," Limbaugh said. He cited a report from Rachel Alexander at Townhall.com titled, "Clinton body count or left-wing conspiracy? Three with ties to DNC mysteriously die." Limbaugh said he recalled Ted Koppel, then-anchor of ABC News' "Nightline," routinely having discussions on the issue following the July 20, 1993, death of White House Deputy Counsel Vince Foster. In fact, Limbaugh said, he appeared on Koppel's show. "One of the things I said was, 'Who knows what happened here? But let me ask you a question.' I said, 'Ted, how many people do you know in your life who've been murdered? Ted, how many people do you know in your life that have died under suspicious circumstances?' "Of course, the answer is zilch, zero, nada, none, very few," Limbaugh chuckled. "Ask the Clintons that question. And it's a significant number. It's a lot of people that they know who have died, who've been murdered. "And the same question here from Rachel Alexander. It's amazing the cycle that exists with the Clintons. [Citing Townhall]: 'What it
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How Many Americans Does The N.S.A. Spy On? A Lot of Them : The New Yorker - 0 views

  • but reading the new documents, which include a secret FISA court order that amounts to a gift certificate for one year of warrant-free spying, it becomes clear that many more “United States persons” have their communications monitored, and on much vaguer grounds, than the Obama Administration has acknowledged. “What I can say unequivocally is that, if you are a U.S. person, the N.S.A. cannot listen to your telephone calls, and the N.S.A. cannot target your e-mails,” the President said earlier this week. A 2009 memorandum signed by Eric Holder establishes a broader criteria, referring to people “reasonably believed” to be located abroad. That reasonable belief, as it turns out, can be quite shaky. Among the information that the N.S.A. is told to use includes having had a phone or e-mail connection with a person “associated with a foreign power or foreign territory,” or being in the “‘buddy list’ or address book” of such a person. It won’t be lost on anyone that Americans whose families include recent immigrants will be disproportionately vulnerable to such intrusions. (So, incidentally, will journalists.) The defaults in the analysis are telling: a person
  • whose location is unknown, will not be treated as a United States person unless such person can be positively identified as such, or the nature or circumstances of the person’s give rise to a reasonable belief that such person is a United States person. (The extent to which the N.S.A. can spy on a wide range of foreigners is its own, important discussion.) The criteria also show the interaction of various N.S.A. programs: the Administration has defended the collection of telephony metadata by saying that if it ever produces an interesting match, investigators would have to go to court to get a proper warrant to look more closely. But metadata is mentioned in these documents as a basis for picking a target for the surveillance under what appears to be a blanket FISA order—not an individualized one.
  • And what happens when the N.S.A. realizes that it is reading and listening to an American’s communications? It is supposed to stop, at least until it gets a different kind of FISA order—which, based on what it has already heard, may be all the easier. And if it finds something that is interesting in any one of a half-dozen ways, it can analyze the communications further, and hold on to them for five years. Maybe an American’s e-mails contain “significant foreign intelligence information”; or maybe they don’t, but are “reasonably believed” to contain evidence of a crime. There are a lot of crimes on the books, and the N.S.A. is also allowed to count one it thinks might be “about to be committed.” It can also “disseminate” the information to other agencies, and find out more about the American if it seems that the person might have access to secrets, or be a target of foreigners, or just do business with them. This includes communications between someone under indictment and his or her lawyer—the words can’t be used in a prosecution, but can be to gather intelligence. And what the N.S.A. happens to see can also be used in leak investigations. Does this still seem too narrow, not enough to keep us all safe? The documents note that the private data of Americans that the N.S.A. can hold on to “include electronic communications acquired because of limitations on NSA’S ability to filter communications.” In other words, if it fails to fine-tune its targeting, it can keep what it sweeps up anyway. Also, if the N.S.A. decides on its own that there is an “immediate threat,” it can temporarily put all these minimization procedures aside and figure it out later.
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  • These documents were classified: they shouldn’t have been. The N.S.A. can look for certain secrets and keep them. But Americans shouldn’t have to listen to the President with an ear for what words like “targeted” really mean. (Even by that standard, the Administration has not been forthright.) We get to know what the rules are—so we, and not just a secret court, can tell when they are being broken.
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DNI Clapper: Transparency is the Way Forward - Secrecy News - 0 views

  • The primary lesson that emerges from the unauthorized disclosures of classified intelligence information by Edward Snowden is that U.S. intelligence agencies must be more transparent in their operations, said Director of National Intelligence James R. Clapper yesterday. “The major takeaway for us, certainly for me, from the past several months is that we must lean in the direction of transparency, wherever and whenever we can,” DNI Clapper told the Senate Intelligence Committee. “With greater transparency about these intelligence programs the American people may be more likely to accept them,” he said, promising “further declassification.” Another possibility, he acknowledged, is that even with greater transparency the American people will choose not to accept certain kinds of intelligence programs. “If dealing with reduced capacities is what we need to ensure the faith and confidence of the American people and their elected representatives, then we in the intelligence community will work as hard as we can to meet the expectations before us,” DNI Clapper said.
  • The primary lesson that emerges from the unauthorized disclosures of classified intelligence information by Edward Snowden is that U.S. intelligence agencies must be more transparent in their operations, said Director of National Intelligence James R. Clapper yesterday. “The major takeaway for us, certainly for me, from the past several months is that we must lean in the direction of transparency, wherever and whenever we can,” DNI Clapper told the Senate Intelligence Committee. “With greater transparency about these intelligence programs the American people may be more likely to accept them,” he said, promising “further declassification.” Another possibility, he acknowledged, is that even with greater transparency the American people will choose not to accept certain kinds of intelligence programs.
  • Already, the Snowden disclosures have caused “profound damage” to U.S. intelligence, the DNI said. “What Snowden has stolen and exposed has gone way, way beyond his professed concerns with so-called domestic surveillance programs. As a result, we’ve lost critical foreign intelligence collection sources, including some shared with us by valued partners.” “Snowden claims that he’s won and that his mission is accomplished. If that is so, I call on him and his accomplices to facilitate the return of the remaining stolen documents that have not yet been exposed to prevent even more damage to U.S. security,” the DNI said. The use of the word “accomplices” appeared to suggest that the DNI views the journalists who possess and report on the Snowden documents as Snowden’s partners in crime, and even as criminals themselves. “Is it now the official view of the Obama administration that these journalists and media outlets are ‘accomplices’ in what they regard as Snowden’s crimes? If so, that is a rather stunning and extremist statement,” wrote Glenn Greenwald, who first reported on the Snowden releases last June.
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WASHINGTON: Americans find swift stonewall on whether NSA vacuumed their data | Mass Su... - 0 views

  • Since last year’s revelations about the National Security Agency’s massive communications data dragnets, the spy agency has been inundated with requests from Americans and others wanting to know if it has files on them. All of them are being turned down .The denials illustrate the bind in which the disclosures have trapped the Obama administration. While it has pledged to provide greater transparency about the NSA’s communications collections, the NSA says it cannot respond to individuals’ requests without tipping off terrorists and other targets. As a result, Americans whose email and telephone data may have been improperly vacuumed up have no way of finding that out by filing open records requests with the agency. Six McClatchy reporters who filed requests seeking any information kept by the NSA on them all received the same response.
  • “Were we to provide positive or negative responses to requests such as yours, our adversaries’ compilation of the information provided would reasonably be expected to cause exceptionally grave damage to the national security,” the NSA wrote last month in response to a McClatchy national security reporter who requested his own records. “Therefore, your request is denied because the fact of the existence or non-existence of responsive records is a currently and properly classified matter.”
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National intelligence chief declassifies Bush-era documents on NSA programs | World new... - 0 views

  • The director of national intelligence on Saturday declassified more documents that outline how the National Security Agency was first authorised to start collecting bulk phone and internet records in the hunt for al-Qaida terrorists and how a court eventually gained oversight of the program, after the justice department complied with a federal court order to release its previous legal arguments for keeping the programs secret.
  • "There has never been a comprehensive government release ... that wove the whole story together: the timeline of authorizing the programs and the gradual transition to (court) oversight," said Mark Rumold, staff attorney at the Electronic Frontier Foundation, a civil liberties group suing the NSA to reveal more about the bulk records programs. "Everybody knew that happened, but this is the first time I've seen the government confirm those twin aspects." That unexpected windfall of disclosures early on Saturday came with the release of documents outlining why issuing the information would damage national security. The US district court in the northern district of California in the fall had ordered the Obama administration to make public the documents, known as state secrets declarations. The justice department issued the declarations late on Friday in two ongoing class action cases: Shubert v Bush, now known as Shubert v Obama, on behalf of Verizon customers; and Jewel v NSA, on behalf of AT&T customers. Calls to the justice department and the director of national intelligence's office were not answered.
  • "In September, the federal court in the northern district of California ... ordered the government to go back through all the secret ex parte declarations and declassify and release as much as they could, in light of the Snowden revelations and government confirmations," Rumold said. "So what was released late last night was in response to that court order."
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The Ron Paul Institute for Peace and Prosperity : If Spying on Senate is So Bad, Why is... - 0 views

  • The reaction of Sen. Dianne Feinstein (D-CA) to last week’s revelations that the CIA secretly searched Senate Intelligence Committee computers reveals much about what the elites in government think about the rest of us. “Spy on thee, but not on me!”   The hypocrisy of Sen. Feinstein is astounding. She is the biggest backer of the NSA spying on the rest of us, but when the tables are turned and her staff is the target she becomes irate. But there is more to it than that. There is an attitude in Washington that the laws Congress passes do not apply to Members. They can trample our civil liberties, they believe, but it should never affect their own freedom.
  • Remember that much of this started when politicians rushed to past the PATRIOT Act after 9/11. Those of us who warned that such new powers granted to the state would be used against us someday were criticized as alarmist and worse. The violations happened just as we warned, but when political leaders discovered the breach of our civil liberties they did nothing about it. It was not until whistleblowers like Edward Snowden and others informed us of the abuses that the “debate” over surveillance that President Obama claimed to welcome could even begin to take place! Left to politicians like Dianne Feinstein, Mike Rogers, and President Obama, we would never have that debate because we would not know.
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Fire DNI James Clapper: He lied to Congress about NSA surveillance. - Slate Magazine - 0 views

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    Slate calls on Obama to sack Director of National  Intelligence James Clapper because of his lies.
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SPIEGEL Exclusive: NSA Spies on International Bank Transactions - SPIEGEL ONLINE - 0 views

  • The National Security Agency (NSA) widely monitors international payments, banking and credit card transactions, according to documents seen by SPIEGEL. The information from the American foreign intelligence agency, acquired by former NSA contractor and whistleblower Edward Snowden, show that the spying is conducted by a branch called "Follow the Money" (FTM). The collected information then flows into the NSA's own financial databank, called "Tracfin," which in 2011 contained 180 million records. Some 84 percent of the data is from credit card transactions. Further NSA documents from 2010 show that the NSA also targets the transactions of customers of large credit card companies like VISA for surveillance. NSA analysts at an internal conference that year described in detail how they had apparently successfully searched through the US company's complex transaction network for tapping possibilities.
  • Their aim was to gain access to transactions by VISA customers in Europe, the Middle East and Africa, according to one presentation. The goal was to "collect, parse and ingest transactional data for priority credit card associations, focusing on priority geographic regions." In response to a SPIEGEL inquiry, however, VISA issued a statement in which it said, "We are not aware of any unauthorized access to our network. Visa takes data security seriously and, in response to any attempted intrusion, we would pursue all available remedies to the fullest extent of the law. Further, its Visa's policy to only provide transaction information in response to a subpoena or other valid legal process." The NSA's Tracfin data bank also contained data from the Brussels-based Society for Worldwide Interbank Financial Telecommunication (SWIFT), a network used by thousands of banks to send transaction information securely. SWIFT was named as a "target," according to the documents, which also show that the NSA spied on the organization on several levels, involving, among others, the agency's "tailored access operations" division. One of the ways the agency accessed the data included reading "SWIFT printer traffic from numerous banks," the documents show.
  • But even intelligence agency employees are somewhat concerned about spying on the world finance system, according to one document from the UK's intelligence agency GCHQ concerning the legal perspectives on "financial data" and the agency's own cooperations with the NSA in this area. The collection, storage and sharing of politically sensitive data is a deep invasion of privacy, and involved "bulk data" full of "rich personal information," much of which "is not about our targets," the document says.
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    NSA and GCHQ spying on banksters' transactions? I'll bet that comes to a screeching halt soon. Isn't it unwritten law in the Obama Administration that no government agencies mess with the banksters?
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NSA shouldn't keep phone database, review board recommends - The Washington Post - 0 views

  • A panel appointed by President Obama to review the government’s surveillance activities has recommended that the National Security Agency no longer keep a database of virtually all Americans’ phone records, and that decisions to spy on foreign leaders be subjected to greater scrutiny. These are two of the more significant recommendations in a 308-page report issued by the White House Wednesday in an effort to restore public confidence in the nation’s spying apparatus.
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WHO ARE THE REAL TRAITORS? - BlackListedNews.com - 1 views

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    I was going through my email, trying to clean things up, and hit on this post from a member of the Bay Area Patriots, Nina Ortega. Like many Tea Party patriots, Nina is a Libertarian. The letter itself though is stunning. Maybe the most heartfelt cry of an American patriot I have ever read. Using lots of Quotes, and some very colorful language, the author, Jim Quinn responds to the Edward Snowden controversy, arguing that this brave patriot's courgage is on a par with that of the founding fathers. And those accusing him are the real traitors. Great stuff. Take some time, and let it all out. intro: "There are weeks that change the course of human history. There are weeks when people must choose sides. There are weeks that expose the real American traitors. There is no middle ground in this debate. You are either on the side of freedom, liberty, truth, transparency and the U.S. Constitution or you are on the side of mindless obedience, oppression, deception, corruption and tyranny. A courageous young Millennial named Edward Snowden has risked his life and his future to expose the illegal, surreptitious surveillance programs being conducted by the United States government in clear violation of the 4th Amendment to the U.S. Constitution. The NSA, with the full knowledge of Barack Obama and Congress, has been covertly collecting phone and internet records on millions of Americans with the full cooperation of Verizon and other mega media/data corporations. Our owners have been using the U.S. Constitution to wipe their asses. The 4th Amendment to the U.S. Constitution is so unambiguous that any intelligent politician, bright journalist or fifth grader in Miss Sabatini's history class could interpret its meaning and intention. Our founding fathers believed in truth, clarity and simplicity. The traitorous sociopaths in control of our government today believe in obfuscation, ambiguity and complexity."
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EU high court strikes down metadata collection law | Ars Technica - 0 views

  • While the United States continues to debate metadata collection conducted in secret by the National Security Agency, the European Union has been openly collecting the same sort of data for eight years. In the wake of terrorist attacks in Madrid (2004) and London (2005), the European Union passed a directive in 2006 requiring that all telecommunications providers retain all kinds of telephone and Internet metadata for at least six months and provide it to law enforcement upon request. According to a ruling handed down Tuesday by the European Court of Justice, that directive is now invalid. The case was brought by activists at Digital Rights Ireland and the Austrian Working Group on Data Retention. The two organizations had challenged the law as it had been imposed in their respective countries.
  • While the United States continues to debate metadata collection conducted in secret by the National Security Agency, the European Union has been openly collecting the same sort of data for eight years. In the wake of terrorist attacks in Madrid (2004) and London (2005), the European Union passed a directive in 2006 requiring that all telecommunications providers retain all kinds of telephone and Internet metadata for at least six months and provide it to law enforcement upon request. According to a ruling handed down Tuesday by the European Court of Justice, that directive is now invalid. The case was brought by activists at Digital Rights Ireland and the Austrian Working Group on Data Retention. The two organizations had challenged the law as it had been imposed in their respective countries.
  • The European judges concluded: The Court takes the view that, by requiring the retention of those data and by allowing the competent national authorities to access those data, the directive interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data. Furthermore, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the persons concerned a feeling that their private lives are the subject of constant surveillance. . . . Although the retention of data required by the directive may be considered to be appropriate for attaining the objective pursued by it, the wide-ranging and particularly serious interference of the directive with the fundamental rights at issue is not sufficiently circumscribed to ensure that that interference is actually limited to what is strictly necessary.
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Paul vows to end NSA program if elected | TheHill - 0 views

  • Sen. Rand Paul (R-Ky.) said he would end the National Security Agency's bulk collection of Americans' phone records on his first day in the White House if he is elected. "The president created this vast dragnet by executive order. And as president on day one, I would immediately end this unconstitutional surveillance," he said in a Kentucky speech Tuesday announcing his presidential bid. 
  • Paul has split with most of his party over the issue, even Cruz who has also pushed for reform. Paul has rankled some NSA reform advocates by opposing a bill to end the program because he does not believe it goes far enough to dismantle the authorizing authority.   <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> He has filed a lawsuit against the government over the program and has promised not to vote to renew sections of the Patriot Act that authorize the program and are up for renewal in June. The Kentucky senator dusted off an old line in the speech Tuesday, saying the phone records of law-abiding Americans should stay private. "Warrantless searches of Americans phone and computer records are un-American and a threat to our civil liberties. I say that your phone records are yours. I say that phone records of law abiding citizens are none of their damn business," he said, later joking "is this where we light up the phones?""I believe we can have liberty and security, and I will not compromise your liberty for a false sense of security," he added later.  
  • President Obama has advocated for ending the government's bulk collection of Americans' phone records as well, but he has resisted ending it unilaterally.  The courts renew the current program every 90 days. Advocates have called on the administration to end it by simply declining to have it renewed.But Obama has resisted taking this route, calling on Congress to act.
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Secret US cybersecurity report: encryption vital to protect private data | US news | Th... - 0 views

  • A secret US cybersecurity report warned that government and private computers were being left vulnerable to online attacks from Russia, China and criminal gangs because encryption technologies were not being implemented fast enough. The advice, in a newly uncovered five-year forecast written in 2009, contrasts with the pledge made by David Cameron this week to crack down on encryption use by technology companies.
  • In the wake of the Paris terror attacks, the prime minister said there should be no “safe spaces for terrorists to communicate” or that British authorites could not access. Cameron, who landed in the US on Thursday night, is expected to urge Barack Obama to apply more pressure to tech giants, such as Apple, Google and Facebook, which have been expanding encrypted messaging for their millions of users since the revelations of mass NSA surveillance by the whistleblower Edward Snowden.
  • Cameron said the companies “need to work with us. They need also to demonstrate, which they do, that they have a social responsibility to fight the battle against terrorism. We shouldn’t allow safe spaces for terrorists to communicate. That’s a huge challenge but that’s certainly the right principle”. But the document from the US National Intelligence Council, which reports directly to the US director of national intelligence, made clear that encryption was the “best defence” for computer users to protect private data. Part of the cache given to the Guardian by Snowden was published in 2009 and gives a five-year forecast on the “global cyber threat to the US information infrastructure”. It covers communications, commercial and financial networks, and government and critical infrastructure systems. It was shared with GCHQ and made available to the agency’s staff through its intranet.
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  • An unclassified table accompanying the report states that encryption is the “[b]est defense to protect data”, especially if made particularly strong through “multi-factor authentication” – similar to two-step verification used by Google and others for email – or biometrics. These measures remain all but impossible to crack, even for GCHQ and the NSA. The report warned: “Almost all current and potential adversaries – nations, criminal groups, terrorists, and individual hackers – now have the capability to exploit, and in some cases attack, unclassified access-controlled US and allied information systems.” It further noted that the “scale of detected compromises indicates organisations should assume that any controlled but unclassified networks of intelligence, operational or commercial value directly accessible from the internet are already potentially compromised by foreign adversaries”.
  • The report had some cause for optimism, especially in the light of Google and other US tech giants having in the months prior greatly increased their use of encryption efforts. “We assess with high confidence that security best practices applied to target networks would prevent the vast majority of intrusions,” it concluded. Official UK government security advice still recommends encryption among a range of other tools for effective network and information defence. However, end-to-end encryption – which means only the two people communicating with each other, and not the company carrying the message, can decode it – is problematic for intelligence agencies as it makes even warranted collection much more difficult.
  • The previous week, a day after the attack on the Charlie Hebdo office in Paris, the MI5 chief, Andrew Parker, called for new powers and warned that new technologies were making it harder to track extremists. In November, the head of GCHQ, Robert Hannigan, said US social media giants had become the “networks of choice” for terrorists. Chris Soghoian, principal senior policy analyst at the American Civil Liberties Union, said attempts by the British government to force US companies to weaken encryption faced many hurdles.
  • The Guardian, New York Times and ProPublica have previously reported the intelligence agencies’ broad efforts to undermine encryption and exploit rather than reveal vulnerabilities. This prompted Obama’s NSA review panel to warn that the agency’s conflicting missions caused problems, and so recommend that its cyber-security responsibilities be removed to prevent future issues.
  • The memo requested a renewal of the legal warrant allowing GCHQ to “modify” commercial software in violation of licensing agreements. The document cites examples of software the agency had hacked, including commonly used software to run web forums, and website administration tools. Such software are widely used by companies and individuals around the world. The document also said the agency had developed “capability against Cisco routers”, which would “allow us to re-route selected traffic across international links towards GCHQ’s passive collection systems”. GCHQ had also been working to “exploit” the anti-virus software Kaspersky, the document said. The report contained no information on the nature of the vulnerabilities found by the agency.
  • Michael Beckerman, president and CEO of the Internet Association, a lobby group that represents Facebook, Google, Reddit, Twitter, Yahoo and other tech companies, said: “Just as governments have a duty to protect to the public from threats, internet services have a duty to our users to ensure the security and privacy of their data. That’s why internet services have been increasing encryption security.”
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The "Snowden is Ready to Come Home!" Story: a Case Study in Typical Media Deceit - The ... - 0 views

  • Most sentient people rationally accept that the U.S. media routinely disseminates misleading stories and outright falsehoods in the most authoritative tones. But it’s nonetheless valuable to examine particularly egregious case studies to see how that works. In that spirit, let’s take yesterday’s numerous, breathless reports trumpeting the “BREAKING” news that “Edward Snowden now wants to come home!” and is “now negotiating the terms of his return!” Ever since Snowden revealed himself to the public 20 months ago, he has repeatedly said the same exact thing when asked about his returning to the U.S.: I would love to come home, and would do so if I could get a fair trial, but right now, I can’t. His primary rationale for this argument has long been that under the Espionage Act, the 1917 statute under which he has been charged, he would be barred by U.S. courts from even raising his key defense: that the information he revealed to journalists should never have been concealed in the first place and he was thus justified in disclosing it to journalists. In other words, when U.S. political and media figures say Snowden should “man up,” come home and argue to a court that he did nothing wrong, they are deceiving the public, since they have made certain that whistleblowers charged with “espionage” are legally barred from even raising that defense.
  • Snowden has also pointed out that legal protections for whistleblowers are explicitly inapplicable to those, like him, who are employed by private contractors (rendering President Obama’s argument about why Snowden should “come home” entirely false). One month after Snowden was revealed, Daniel Ellsberg wrote an Op-Ed in the Washington Post arguing that Snowden did the right thing in leaving the U.S. because he would not be treated fairly, and argued Snowden should not return until he is guaranteed a fully fair trial. Snowden has said all of this over and over. In June 2013, when I asked him during the online Guardian chat why he left the U.S. for Hong Kong, he said: “the US Government, just as they did with other whistleblowers, immediately and predictably destroyed any possibility of a fair trial at home . . . That’s not justice, and it would be foolish to volunteer yourself to it if you can do more good outside of prison than in it.” In January 2014, AP reported about a new online chat Snowden gave: “Snowden said returning would be the best resolution. But Snowden said he can’t return because he wouldn’t be allowed to argue at trial that he acted in the public interest when he revealed the National Security Agency’s mass surveillance programs.” In that chat, he said: “Returning to the US, I think, is the best resolution for the government, the public, and myself.”
  • Gingrich: “I think if we can find a way to get him home, get the rest of the documents that he has not leaked . . . it’s worth doing, but I think he’d have to serve jail time, and it’d probably be fairly lengthy. I don’t think the country would tolerate this level of betrayal, not having some very significant jail time — Blitzer: “You say lengthy. What do you think? Gingrich: “I’m not an expert in this, but I’d say more than 10 years.” Where to start? First, Gingrich’s belief that it’s possible to “get the rest of the documents that he has not leaked” is simply adorable. Second, Gingrich is a fascinating choice for CNN to have pontificate on proper punishments given that he is the first House Speaker to ever be punished for ethics violations, for which he was fined $300,000. Third, David Petraeus was just allowed to plead guilty for leaking extremely sensitive secrets — not out of a whistleblowing desire to inform the public but simply to satisfy his mistress — and will almost certainly spend no time in jail; Gingrich, Blitzer, Ignatius and friends would never dare suggest that the General should go to prison (just as DC’s stern law-and-order advocates who demand Snowden’s imprisonment would never dare suggest the same for James Clapper for having lied to Congress).
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  • Most important, if you were Snowden, and you constantly heard U.S. political and media elites consigning you to prison for a decade or longer before your trial started, would you remotely believe assurances that you’d get a fair trial? What rational person would ever willingly submit themselves to a penal state that imprisons more of its citizens than any other in the world, run by people with this mentality? And when you examine case studies like this of what U.S. media is not just capable of doing but eager to do — concoct a completely false narrative based on fictitious events and then proceed to spend a full day drawing all sorts of self-serving and propagandistic lessons from it — why would anyone regard what comes spewing forth from them with anything other than extreme suspicion and contempt?
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Interview with NSA Experts on US Spying in Germany - SPIEGEL ONLINE - 0 views

  • In a SPIEGEL interview, Edward Snowden's lawyer, Jesselyn Radack, and former NSA contractor Thomas Drake discuss the reasons behind the American spying agency's obssession with collecting data.
  • In a SPIEGEL interview, Edward Snowden's lawyer, Jesselyn Radack, and former NSA contractor Thomas Drake discuss the reasons behind the American spying agency's obssession with collecting data.
  • In its current issue, SPIEGEL conducted two interviews it hopes will contribute to the debate. The first is with two major critics of the NSA's work -- human rights activist and lawyer Jesselyn Radack, who represents Snowden, and former spy Thomas Drake. The second interview is with John Podesta, a special advisor to United States President Barack Obama.
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  • SPIEGEL: You yourself worked as a spy for the NSA. What made you become a whistleblower? Drake: It was only months after 9/11. Back then it became clear to me that in order to avoid another failure to protect people we just set aside the rules of law. The NSA violated our constitution by spying on its own people. Today, we have the greatest surveillance platform the world has ever seen. This is why I shudder. National security has become a state religion. They say they want to keep us safe, but from whom?
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Senate committee adopts cybersecurity bill opposed by NSA critics | World news | thegua... - 0 views

  • The Senate intelligence committee voted Tuesday to adopt a major cybersecurity bill that critics fear will give the National Security Agency even wider access to American data than it already has.Observers said the bill, approved by a 12 to 3 vote in a meeting closed to the public, would face a difficult time passing the full Senate, considering both the shortened legislative calendar in an election year and the controversy surrounding surveillance.But the bill is a priority of current and former NSA directors, who warn that private companies’ vulnerability to digital sabotage and economic data exfiltration will get worse without it.Pushed by Dianne Feinstein and Saxby Chambliss, the California Democrat and Georgia Republican who lead the committee, the bill would remove legal obstacles that block firms from sharing information "in real time" about cyber-attacks and prevention or mitigation measures with one another and with the US government.
  • Worrying civil libertarians is that the NSA and its twin military command, US Cyber Command, would receive access to vast amounts of data, and privacy guidelines for the handling of that data are yet to be developed.A draft of the bill released in mid-June would permit government agencies to share, retain and use the information for "a cybersecurity purpose" – defined as "the purpose of protecting an information system or information that is stored on, processed by or transiting an information system from a cybersecurity threat or security vulnerability" – raising the prospect of the NSA stockpiling a catalogue of weaknesses in digital security, as a recent White House data-assurance policy permits.It would also prevent participating companies from being sued for sharing data with each other and the government, even though many companies offer contract terms of service prohibiting the sharing of client or customer information without explicit consent.
  • But digital rights advocates warn that the measure will give the government, including the NSA, access to more information than just that relating to cyberthreats, potentially creating a new avenue for broad governmental access to US data even as Congress and the Obama administration contemplate restricting the NSA's domestic collection.The bill contains "catch-all provisions that would allow for the inclusion of a lot more than malicious code. It could include the content of communications. That's one of the biggest concerns," said Gabriel Rottman, an attorney with the American Civil Liberties Union.Provisions in the bill are intended to protect American privacy on the front end by having participating companies strike "indicators … known to be personal information of or identifying a United States person" before the government sees it, but the draft version leaves specific guidelines for privacy protection up to the attorney general."Nobody knows whether the flow from the private sector will be a trickle or a river or an ocean. The bill contemplates an ocean, and that's what worries us," said Greg Nojeim of the Center for Democracy and Technology.
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Edward Snowden: US government has been hacking Hong Kong and China for years | South Ch... - 0 views

  • US whistle-blower Edward Snowden yesterday emerged from hiding in Hong Kong and revealed to the South China Morning Post that he will stay in the city to fight likely attempts by his government to have him extradited for leaking state secrets. In an exclusive interview carried out from a secret location in the city, the former Central Intelligence Agency analyst also made explosive claims that the US government had been hacking into computers in Hong Kong and on the mainland for years.
  • Snowden believed there had been more than 61,000 NSA hacking operations globally, with hundreds of targets in Hong Kong and on the mainland. “We hack network backbones – like huge internet routers, basically – that give us access to the communications of hundreds of thousands of computers without having to hack every single one,” he said.
  • Snowden's revelations threaten to test new attempts to build US-Sino bridges after a weekend summit in California between the nations' presidents, Barack Obama and Xi Jinping. If true, Snowden's allegations lend credence to China's longstanding position that it is as much a victim of hacking as a perpetrator, after Obama pressed Xi to rein in cyber-espionage by the Chinese military.
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Must Watch 2 Minute Video: Biden in 2006 Debates Obama in 2013 over NSA Spying Program - 0 views

  • Must Watch 2 Minute Video Watch then-Senator Joe Biden from 2006 as he directly refutes each point made by his boss, President Obama, about the NSA surveillance program at his news conference last week.
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