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Whistleblower Chelsea Manning is on President Barack Obama’s “short list” for a potential commutation, a Department of Justice source told NBC News, which adds that the president’s decision could be announced as early as Wednesday. Manning, who is serving a 35-year sentence for leaking evidence of military crimes, has faced solitary confinement for attempting twice to take her own life in the past year.

Obama’s speech as written is below, with my comments (no indent) included.

Most people take it for granted — because they’ve heard it so many times from politicians and pundits — that they must trade some privacy for security in this dangerous world. The challenge, we’re told, is to find the right “balance.” Let’s examine this.

In other words, in the freed market I would find the right “balance” for myself, and you would do the same. One size wouldn’t be deemed to fit all. The market would cater to people with a range of security/privacy concerns, striking the “balance” differently for different people. That’s as it should be. Actually, we can say that there would be no trade-off between privacy and security at all, because the information would be voluntarily disclosed by each individual on mutually acceptable terms. Under those circumstances, it wouldn’t be right to call what the firm does an “intrusion.” But that sort of situation is not what Barack Obama, Mike Rogers, Peter King, and their ilk mean when they tell us that “we” need to find the right balance between security and privacy. They mean they will dictate to us what the alleged balance will be. We will have no real say in the matter, and they can be counted on to find the balance on the “security” side of the spectrum as suits their interests. That’s how these things work.

where the state is concerned, you can’t trade off privacy against security because they’re exactly the same thing.

Eric Holder: The Justice Department could strike deal with Edward SnowdenMichael IsikoffChief Investigative CorrespondentJuly 6, 2015Former U.S. Attorney General Eric Holder. (Photo: Olivier Douliery-Pool/Getty) Former Attorney General Eric Holder said today that a “possibility exists” for the Justice Department to cut a deal with former NSA contractor Edward Snowden that would allow him to return to the United States from Moscow. In an interview with Yahoo News, Holder said “we are in a different place as a result of the Snowden disclosures” and that “his actions spurred a necessary debate” that prompted President Obama and Congress to change policies on the bulk collection of phone records of American citizens. Asked if that meant the Justice Department might now be open to a plea bargain that allows Snowden to return from his self-imposed exile in Moscow, Holder replied: “I certainly think there could be a basis for a resolution that everybody could ultimately be satisfied with. I think the possibility exists.”

But his remarks to Yahoo News go further than any current or former Obama administration official in suggesting that Snowden’s disclosures had a positive impact and that the administration might be open to a negotiated plea that the self-described whistleblower could accept, according to his lawyer Ben Wizner.

It’s also not clear whether Holder’s comments signal a shift in Obama administration attitudes that could result in a resolution of the charges against Snowden. Melanie Newman, chief spokeswoman for Attorney General Loretta Lynch, Holder’s successor, immediately shot down the idea that the Justice Department was softening its stance on Snowden. “This is an ongoing case so I am not going to get into specific details but I can say our position regarding bringing Edward Snowden back to the United States to face charges has not changed,” she said in an email.

Activists worried about online privacy are sending Congress a message with some old-school technology: They're sending faxes -- more than 6.2 million, they claim -- to express opposition to the Cybersecurity Information Sharing Act (CISA).Why faxes? "Congress is stuck in 1984 and doesn't understand modern technology," according to the campaign Fax Big Brother. The week-long campaign was organized by the nonpartisan Electronic Frontier Foundation, the group Access and Fight for the Future, the activist group behind the major Internet protests that helped derail a pair of anti-piracy bills in 2012. It also has the backing of a dozen groups like the ACLU, the American Library Association, National Association of Criminal Defense Lawyers and others.

CISA aims to facilitate information sharing regarding cyberthreats between the government and the private sector. The bill gained more attention following the massive hack in which the records of nearly 22 million people were stolen from government computers."The ability to easily and quickly share cyber attack information, along with ways to counter attacks, is a key method to stop them from happening in the first place," Sen. Dianne Feinstein, D-California, who helped introduce CISA, said in a statement after the hack. Senate leadership had planned to vote on CISA this week before leaving for its August recess. However, the bill may be sidelined for the time being as the Republican-led Senate puts precedent on a legislative effort to defund Planned Parenthood.Even as the bill was put on the backburner, the grassroots campaign to stop it gained steam. Fight for the Future started sending faxes to all 100 Senate offices on Monday, but the campaign really took off after it garnered attention on the website Reddit and on social media. The faxed messages are generated by Internet users who visit faxbigbrother.com or stopcyberspying.com -- or who simply send a message via Twitter with the hashtag #faxbigbrother. To send all those faxes, Fight for the Future set up a dedicated server and a dozen phone lines and modems they say are capable of sending tens of thousands of faxes a day.

Fight for the Future told CBS News that it has so many faxes queued up at this point, that it may take months for Senate offices to receive them all, though the group is working on scaling up its capability to send them faster. They're also limited by the speed at which Senate offices can receive them.

On January 17, President Obama spoke at the Justice Department about changes in the technology that we use for national security purposes, and what these technologies mean for our privacy broadly. He called on the administration to conduct a 90-day review of big data and privacy: how these areas affect the way we live, and the way we work — and how data is being used by universities, the private sector, and the government. This is a complicated issue that affects every American — and we want to hear your feedback. Learn more about this review, and if you like, share your thoughts.

The US has set a new record for denying and censoring federal files under the Freedom of Information Act, analysis by the Associated Press reveals. For the second consecutive year, the Obama administration more often than ever censored government files or outright denied access to them under the open-government legislation. The government took longer to turn over files when it provided any, said more regularly that it couldn’t find documents, and refused a record number of times to turn over files quickly that might be especially newsworthy.

It also acknowledged in nearly one in three cases that its initial decisions to withhold or censor records were improper under the law – but only when it was challenged. Its backlog of unanswered requests at year’s end grew remarkably by 55% to more than 200,000. The government’s new figures, published Tuesday, covered all requests to 100 federal agencies during fiscal 2014 under the Freedom of Information law, which is heralded globally as a model for transparent government. They showed that despite disappointments and failed promises by the White House to make meaningful improvements in the way it releases records, the law was more popular than ever. Citizens, journalists, businesses and others made a record 714,231 requests for information. The US spent a record $434m trying to keep up.

The government responded to 647,142 requests, a 4% decrease over the previous year. The government more than ever censored materials it turned over or fully denied access to them, in 250,581 cases or 39% of all requests. Sometimes, the government censored only a few words or an employee’s phone number, but other times it completely marked out nearly every paragraph on pages. On 215,584 other occasions, the government said it couldn’t find records, a person refused to pay for copies or the government determined the request to be unreasonable or improper. The White House touted its success under its own analysis. It routinely excludes from its assessment instances when it couldn’t find records, a person refused to pay for copies or the request was determined to be improper under the law, and said under this calculation it released all or parts of records in 91% of requests – still a record low since Barack Obama took office using the White House’s own math.

Nearly half of the people on the U.S. government’s widely shared database of terrorist suspects are not connected to any known terrorist group, according to classified government documents obtained by The Intercept. Of the 680,000 people caught up in the government’s Terrorist Screening Database—a watchlist of “known or suspected terrorists” that is shared with local law enforcement agencies, private contractors, and foreign governments—more than 40 percent are described by the government as having “no recognized terrorist group affiliation.” That category—280,000 people—dwarfs the number of watchlisted people suspected of ties to al Qaeda, Hamas, and Hezbollah combined. The documents, obtained from a source in the intelligence community, also reveal that the Obama Administration has presided over an unprecedented expansion of the terrorist screening system. Since taking office, Obama has boosted the number of people on the no fly list more than ten-fold, to an all-time high of 47,000—surpassing the number of people barred from flying under George W. Bush. “If everything is terrorism, then nothing is terrorism,” says David Gomez, a former senior FBI special agent. The watchlisting system, he adds, is “revving out of control.”

Most people placed on the government’s watchlist begin in a larger, classified system known as the Terrorist Identities Datamart Environment (TIDE). The TIDE database actually allows for targeting people based on far less evidence than the already lax standards used for placing people on the watchlist. A more expansive—and invasive—database, TIDE’s information is shared across the U.S. intelligence community, as well as with commando units from the Special Operations Command and with domestic agencies such as the New York City Police Department. In the summer of 2013, officials celebrated what one classified document prepared by the National Counterterrorism Center refers to as “a milestone”—boosting the number of people in the TIDE database to a total of one million, up from half a million four years earlier.

Feinstein said she believed the order had been in place for some time. She said: "As far as I know this is the exact three-month renewal of what has been the case for the past seven years. This renewal is carried out by the [foreign intelligence surveillance] court under the business records section of the Patriot Act. Therefore it is lawful. It has been briefed to Congress."

As the world focuses on the high-tech spying of the National Security Agency, the misplaced card offers a rare glimpse inside the seemingly low-tech but prevalent snooping of the United States Postal Service. Mr. Pickering was targeted by a longtime surveillance system called mail covers, but that is only a forerunner of a vastly more expansive effort, the Mail Isolation Control and Tracking program, in which Postal Service computers photograph the exterior of every piece of paper mail that is processed in the United States — about 160 billion pieces last year. It is not known how long the government saves the images. Together, the two programs show that snail mail is subject to the same kind of scrutiny that the National Security Agency has given to telephone calls and e-mail. The mail covers program, used to monitor Mr. Pickering, is more than a century old but is still considered a powerful tool. At the request of law enforcement officials, postal workers record information from the outside of letters and parcels before they are delivered. (Actually opening the mail requires a warrant.) The information is sent to whatever law enforcement agency asked for it. Tens of thousands of pieces of mail each year undergo this scrutiny. The Mail Isolation Control and Tracking program was created after the anthrax attacks in late 2001 that killed five people, including two postal workers. Highly secret, it seeped into public view last month when the F.B.I. cited it in its investigation of ricin-laced letters sent to President Obama and Mayor Michael R. Bloomberg. It enables the Postal Service to retroactively track mail correspondence at the request of law enforcement. No one disputes that it is sweeping.

“In the past, mail covers were used when you had a reason to suspect someone of a crime,” said Mark D. Rasch, who started a computer crimes unit in the criminal division’s fraud section of the Justice Department and worked on several fraud cases using mail covers. “Now it seems to be ‘Let’s record everyone’s mail so in the future we might go back and see who you were communicating with.’ Essentially you’ve added mail covers on millions of Americans.” Bruce Schneier, a computer security expert and an author, said whether it was a postal worker taking down information or a computer taking images, the program was still an invasion of privacy. “Basically they are doing the same thing as the other programs, collecting the information on the outside of your mail, the metadata, if you will, of names, addresses, return addresses and postmark locations, which gives the government a pretty good map of your contacts, even if they aren’t reading the contents,” he said.

Hence, on the high end, anyone can purchase voice and internet communications software that are beyond the capacity of anyone to access without an electronic key.

The National Security Agency has collected almost 200 million text messages a day from across the globe, using them to extract data including location, contact networks and credit card details, according to top-secret documents. The untargeted collection and storage of SMS messages – including their contacts – is revealed in a joint investigation between the Guardian and the UK’s Channel 4 News based on material provided by NSA whistleblower Edward Snowden. The documents also reveal the UK spy agency GCHQ has made use of the NSA database to search the metadata of “untargeted and unwarranted” communications belonging to people in the UK.

The NSA program, codenamed Dishfire, collects “pretty much everything it can”, according to GCHQ documents, rather than merely storing the communications of existing surveillance targets. The NSA has made extensive use of its vast text message database to extract information on people’s travel plans, contact books, financial transactions and more – including of individuals under no suspicion of illegal activity. An agency presentation from 2011 – subtitled “SMS Text Messages: A Goldmine to Exploit” – reveals the program collected an average of 194 million text messages a day in April of that year. In addition to storing the messages themselves, a further program known as “Prefer” conducted automated analysis on the untargeted communications.

The Prefer program uses automated text messages such as missed call alerts or texts sent with international roaming charges to extract information, which the agency describes as “content-derived metadata”, and explains that “such gems are not in current metadata stores and would enhance current analytics”. On average, each day the NSA was able to extract:

The chairman of the House Intelligence Committee has questioned whether Edward Snowden acted alone in leaking details of the National Security Agency's surveillance programs to U.S. and British newspapers last year. In a prerecorded interview due to air on NBC's "Meet The Press" Sunday, Rep. Mike Rogers, R-Mich., describes the former NSA contractor as "a thief whom we believe had some help. "Let me just say this. I believe there’s a reason he ended up in the hands, the loving arms, of an FSB agent in Moscow," Rogers said, according to an early transcript provided by the program. "I don’t think that’s a coincidence."

Reuters, today (11 days later) - reporting on "a rare interview at NSA's heavily guarded Fort Meade headquarters" from "Richard Ledgett, who leads a task force responding to the leaks":   The NSA's internal review has determined about 98 percent of the scope of the material that Snowden had accessed, and officials have found no evidence that he had help either within the NSA or from adversary spy agencies.

New York Times, today: According to senior government officials, F.B.I. agents from the bureau’s Washington field office, who are leading the investigation, believe that Mr. Snowden methodically downloaded the files over several months while working as a government contractor at the Hawaii facility. They also believe that he worked alone, the officials said.

The National Security Agency has implanted software in nearly 100,000 computers around the world that allows the United States to conduct surveillance on those machines and can also create a digital highway for launching cyberattacks.While most of the software is inserted by gaining access to computer networks, the N.S.A. has increasingly made use of a secret technology that enables it to enter and alter data in computers even if they are not connected to the Internet, according to N.S.A. documents, computer experts and American officials.The technology, which the agency has used since at least 2008, relies on a covert channel of radio waves that can be transmitted from tiny circuit boards and USB cards inserted surreptitiously into the computers. In some cases, they are sent to a briefcase-size relay station that intelligence agencies can set up miles away from the target.

The radio frequency technology has helped solve one of the biggest problems facing American intelligence agencies for years: getting into computers that adversaries, and some American partners, have tried to make impervious to spying or cyberattack. In most cases, the radio frequency hardware must be physically inserted by a spy, a manufacturer or an unwitting user.

The N.S.A. and the Pentagon’s Cyber Command have implanted nearly 100,000 “computer network exploits” around the world, but the hardest problem is getting inside machines isolated from outside communications.

The embattled National Security Agency is about to get new leaders to deal with the ongoing fallout from whistleblower Edward Snowden’s surveillance disclosures.Vice-admiral Michael Rogers, the commander of the US navy’s tenth fleet and its Fleet Cyber Command, will take over from NSA Director Keith Alexander, who reluctantly became a global figure in the wake of the Snowden revelations.Richard Ledgett, the head of the agency’s investigation into Snowden – who publicly floated the prospect of an amnesty for the former contractor – will become the NSA’s new deputy director and top civilian leader.The appointments, both long anticipated, were announced by the Pentagon on Thursday. Rogers is a longtime cryptologist in the Navy, whose informal turn it was to nominate a director for the NSA. Alexander is an Army general; and his predecessor, Michael Hayden, hailed from the Air Force.

(Reuters) - The U.S. National Security Agency (NSA) has stepped up its surveillance of senior German government officials since being ordered by Barack Obama to halt its spying on Chancellor Angela Merkel, Bild am Sonntag paper reported on Sunday.

Bild am Sonntag said its information stemmed from a high-ranking NSA employee in Germany and that those being spied on included Interior Minister Thomas de Maiziere, a close confidant of Merkel."We have had the order not to miss out on any information now that we are no longer able to monitor the chancellor's communication directly," it quoted the NSA employee as saying.

Former Bush-era CIA and NSA director Michael Hayden appeared on CNN this week and confirmed that our reporting on the NSA's X-Keyscore program was accurate, telling the nation that we should all be grateful for those capabilities.NYU journalism professor Jay Rosen has a superb essay on the behavior of the US media in NSA stories.Foreign Policy CEO and Editor David Rothkopf becomes the latest establishment figure to recognize, as he puts it in a quite good column: "I have myself been too slow to recognize that the benefits we have derived from Snowden's revelations substantially outweigh the costs associated with the breach."

Meanwhile, 150 press freedom and human rights groups from around the world issued a letter demanding that the US cease prosecuting Snowden on the ground that "Snowden's disclosures have triggered a much-needed public debate about mass surveillance online everywhere" and "thanks to him, we have learned the extent to which our online lives are systematically monitored by governments, without transparency, accountability or safeguards from abuse."

Finally, Princeton University international law professor Richard Falk has an Op-Ed today explaining that the granting of asylum to Snowden wasn't just within Russia's rights, but was legally compelled.

Top secret documents retrieved by U.S. whistleblower Edward Snowden show that Prime Minister Stephen Harper's government allowed the largest American spy agency to conduct widespread surveillance in Canada during the 2010 G8 and G20 summits.

The briefing notes, stamped "Top Secret," show the U.S. turned its Ottawa embassy into a security command post during a six-day spying operation by the National Security Agency while U.S. President Barack Obama and 25 other foreign heads of government were on Canadian soil in June of 2010. The covert U.S. operation was no secret to Canadian authorities.

Notably, the secret NSA briefing document describes part of the U.S. eavesdropping agency's mandate at the Toronto summit as "providing support to policymakers." Documents previously released by Snowden, a former NSA contractor who has sought and received asylum in Russia, suggested that support at other international gatherings included spying on the foreign delegations to get an unfair advantage in any negotiations or policy debates at the summit. It was those documents that first exposed the spying on world leaders at the London summit. More recently, Snowden's trove of classified information revealed Canada's eavesdropping agency had hacked into phones and computers in the Brazilian government's department of mines, a story that touched off a political firestorm both in that country and in Ottawa.

(Reuters) - British and U.S. intelligence officials say they are worried about a "doomsday" cache of highly classified, heavily encrypted material they believe former National Security Agency contractor Edward Snowden has stored on a data cloud. The cache contains documents generated by the NSA and other agencies and includes names of U.S. and allied intelligence personnel, seven current and former U.S. officials and other sources briefed on the matter said.The data is protected with sophisticated encryption, and multiple passwords are needed to open it, said two of the sources, who like the others spoke on condition of anonymity to discuss intelligence matters.The passwords are in the possession of at least three different people and are valid for only a brief time window each day, they said. The identities of persons who might have the passwords are unknown.

One source described the cache of still unpublished material as Snowden's "insurance policy" against arrest or physical harm.U.S. officials and other sources said only a small proportion of the classified material Snowden downloaded during stints as a contract systems administrator for NSA has been made public. Some Obama Administration officials have said privately that Snowden downloaded enough material to fuel two more years of news stories."The worst is yet to come," said one former U.S. official who follows the investigation closely.Snowden, who is believed to have downloaded between 50,000 and 200,000 classified NSA and British government documents, is living in Russia under temporary asylum, where he fled after traveling to Hong Kong. He has been charged in the United States under the Espionage Act.Cryptome, a website which started publishing leaked secret documents years before the group WikiLeaks or Snowden surfaced, estimated that the total number of Snowden documents made public so far is over 500.

Snowden's revelations of government secrets have brought to light extensive and previously unknown surveillance of phone, email and social media communications by the NSA and allied agencies. That has sparked several diplomatic rows between Washington and its allies, along with civil liberties debates in Europe, the United States and elsewhere.Among the material which Snowden acquired from classified government computer servers, but which has not been published by media outlets known to have had access to it, are documents containing names and resumes of employees working for NSA's British counterpart, the Government Communications Headquarters (GCHQ), sources familiar with the matter said.The sources said Snowden started downloading some of it from a classified GCHQ website, known as GC-Wiki, when he was employed by Dell and assigned to NSA in 2012.

America’s spying apparatus needs to be placed under “additional constraints” the White House admitted on Monday as the Spanish government expressed “serious concern” about reports that its citizens had also been subjected to mass-surveillance. “We recognize there needs to be additional constraints on how we gather and use intelligence,” said Jay Carney, the White House spokesman, as pressure grew on Washington from Europe to rein in spying operations that included bugging the phone the German Chancellor.

The White House’s more contrite tone came as a senior Democrat broke ranks, deploring the bugging of world leaders’ phones and pledging a “major review” of intelligence operations.