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Gary Edwards

The Ruling Class Consensus On Domestic Spying | Online Library of Law and Liberty - 0 views

  • This means that the US government’s vast apparatus is almost completely useless against serious terrorists or criminals, and useful primarily to do whatever the government might choose to innocent persons.
    • Gary Edwards
       
      Bold statement, but then how did the Fort Hood massacre and Boston Marathon massacre occur?  Plenty of email and phone call evidence in both cases.  Yet the government was caught totally unaware.  I guess it really depends on who the watchers are watching.  Proof is slowly being gathered that the watchers are watching those whom the government elites seek to destroy through blackmail, intimidation (IRS anyone?), and breach of Constitutional rights (take your pick of any three letter government agency acronym you like).
  • Ever since the 1970s, the art of code-making has surpassed the art of code-breaking – period.
  • 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.
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  • If collection is universal, the collectors don’t have to explain to others (or even to themselves) why they are targeting this person or group and not another. Possessing the data in secret, they can then decide in secret who they are really interested in.
  • That flight from responsibility is also why, in 1978, the intelligence agencies pressed Congress to pass the Foreign Intelligence Surveillance Act (FISA), under which the agencies submit their requests for detailed targeting, in secret, to a court that decides ex parte and in secret.
  • the FISA court. But that court acts not just in secret, but ex parte – hearing only one side.
  • The relevant question about the uses of the NSA programs, then, is simply “against whom, in the broad American public, is the US government likely to turn its animus?
  • Alas, the ruling class has shown itself all too able to treat domestic opponents as public enemies. But that is another story.
  • In the words of General Keith Alexander, director of NSA, this surveillance has “helped to prevent” “dozens of terrorist events.”
  • From Barack Obama to Karl Rove, the ruling class is in unison: The NSA’s collection of data on virtually all Americans is essential to preventing you from “being blown to smithereens on your morning commute”
  • Another, PRISM, gives access to all records of email, chat, photos, videos and file transfers from the servers of leading US internet companies.
  • Here are the facts.
  • These programs stand between Americans and terrorists. Worries that they will be misused are misplaced or downright kooky.
  • Project Constant Informant, which tracks essentially all American phone calls, allows matching the account holder’s identity with each call’s precise location in time and place.
  • anyone who has followed telecommunication technology and intelligence during the past three decades can only scoff at the claim that universal collection of telephone externals and access to internet traffic can thwart serious criminals or terrorists.
  • In fact, the expansion of the US government’s capacity to intrude on innocent communications happened just as technology enabled competent persons who intend to hide their communications to do so without fail.
Paul Merrell

Multiple New Polls Show Americans Reject Wholesale NSA Domestic Spying | Electronic Fro... - 0 views

  • Yesterday, the Guardian released a comprehensive poll showing widespread concern about NSA spying. Two-thirds of Americans think the NSA's role should be reviewed. The poll also showed Americans demanding accountability and more information from public officials—two key points of our recently launched stopwatching.us campaign. But there's more. So far, Gallup has one of the better-worded questions, finding that 53% of Americans disapprove of the NSA spying. A CBS poll also showed that a majority—at 58%—of Americans disapprove of the government "collecting phone records of ordinary Americans." And Rasmussen—though sometimes known for push polling—also recently conducted a poll showing that 59% of Americans are opposed to the current NSA spying.
  • The only poll showing less than a majority on the side of government overreach was Pew Research Center, which asked Americans whether it was acceptable that the NSA obtained "secret court orders to track the calls of millions of Americans to investigate terrorism." Pew reported that 56% of Americans said it was "acceptable." But the question is poorly worded. It doesn't mention the widespread, dragnet nature of the spying. It also neglects to describe the "information" being given—metadata, which is far more sensitive and can provide far more information than just the ability to "track the calls" of Americans. And it was conducted early on in the scandal, before it was revealed that the NSA doesn't even have to obtain court orders to search already collected information. Despite the aggregate numbers, many of the polls took place at the same time Americans were finding out new facts about the program. More questions must be asked. And if history is any indication, the American people will be finding out much more. Indeed, just today the Guardian reported that its working on a whole new series with even more NSA revelations about spying. One thing is definitely clear: the American public is demanding answers and needs more information. That's why Congress must create a special investigatory committee to reveal the full extent of the programs. Democracy demands it. Go here to take action. 
Paul Merrell

Wyden, Udall Statement on the Disclosure of Bulk Email Records Collection Program | Pre... - 0 views

  • U. S. Senators Ron Wyden (D-Ore.) and Mark Udall (D-Colo.), both members of the Senate Intelligence Committee, released the following statement regarding the recent disclosure by intelligence officials that the NSA operated a bulk email records collection program under the authority of the Patriot Act until 2011.  This program is distinct from the internet-related collection carried out under section 702 of the FISA Amendments Act (which involves the PRISM computer system).   “We are quite familiar with the bulk email records collection program that operated under the USA Patriot Act and has now been confirmed by senior intelligence officials.  We were very concerned about this program’s impact on Americans’ civil liberties and privacy rights, and we spent a significant portion of 2011 pressing intelligence officials to provide evidence of its effectiveness.  They were unable to do so, and the program was shut down that year.  
  • “As we have noted, the Patriot Act’s surveillance authorities are not limited to phone records.  In fact, section 215 of the Patriot Act can be used to collect any type of records whatsoever.  The fact that Patriot Act authorities were used for the bulk collection of email records as well as phone records underscores our concern that this authority could be used to collect other types of records in bulk as well, including information on credit card purchases, medical records, library records, firearm sales records, financial information and a range of other sensitive subjects.  These other types of collection could clearly have a significant impact on Americans’ constitutional rights.   “Intelligence officials have noted that the bulk email records program was discussed with both Congress and the Foreign Intelligence Surveillance Court.  In our judgment it is also important to note that intelligence agencies made statements to both Congress and the Court that significantly exaggerated this program’s effectiveness.  This experience demonstrates to us that intelligence agencies’ assessments of the usefulness of particular collection programs – even significant ones – are not always accurate.  This experience has also led us to be skeptical of claims about the value of the bulk phone records collection program in particular.  
  • “We believe that the broader lesson here is that even though intelligence officials may be well-intentioned, assertions from intelligence agencies about the value and effectiveness of particular programs should not simply be accepted at face value by policymakers or oversight bodies any more than statements about the usefulness of other government programs should be taken at face value when they are made by other government officials.  It is up to Congress, the courts and the public to ask the tough questions and press even experienced intelligence officials to back their assertions up with actual evidence, rather than simply deferring to these officials’ conclusions without challenging them.   “We look forward to continuing the debate about the effectiveness of the ongoing Patriot Act phone records collection program in the days and weeks ahead.”
Paul Merrell

NSA Spies on 500 Million German Data Connections - SPIEGEL ONLINE - 0 views

  • America's National Security Agency (NSA) is apparently spying on Germany more than previously believed. Secret documents from the US intelligence service, which have been viewed by SPIEGEL journalists, reveal that the NSA systematically monitors and stores a large share of the country's telephone and Internet connection data. Internal NSA statistics indicate that the agency stores data from around half a billion communications connections in Germany each month. This data includes telephone calls, emails, mobile-phone text messages and chat transcripts. The metadata -- or information about which call or data connections were made and when -- is then stored at the NSA's headquarters in Fort Meade, near Washington, DC.
  • The documents show for the first time the scope of American surveillance in Germany. Previously, it had only been clear that Germany had been one of the major targets of NSA spying. A map published by the Guardian shows that Germany is on a par with targets such as China, Iraq and Saudi Arabia in terms of the intensity of electronic snooping. For weeks now, new details have emerged from documents collected by whistleblower Edward Snowden about the NSA's Prism and Britain's Tempora digital spying programs. The statistics, which SPIEGEL has also seen, show that data is collected from Germany on normal days for up to 20 million telephone calls and 10 million Internet data exchanges. Last Christmas Eve, it collected data on around 13 million phone calls and about half as many online exchanges. On the busiest days, such as January 7 of this year, the information gathered spiked to nearly 60 million communication connections under surveillance.
  • The NSA, it turns out, is more active in Germany than in any other of the EU's 27 member states. By comparison, during the same time frame, the Americans only recorded data on an average of 2 million connections in France each day. The documents also show that the NSA is primarily interested in important Internet hubs in southern and western Germany. Frankfurt, for example, plays an important role in the global Internet infrastructure, and the city is listed as a central base for the country. One top secret document also states that while Germany may be a partner, it is still also a target of the NSA's electronic snooping. According to the document, Germany is a so-called "3rd party foreign partner." The only countries that are explicitly excluded from spying attacks are Australia, Canada, New Zealand and the UK. "We can, and often do, target the signals of most 3d party foreign partners," a slide from an internal presentation states.
Paul Merrell

Lawmakers warn of 'radical' move by NSA to share information | TheHill - 0 views

  • A bipartisan pair of lawmakers is expressing alarm at reported changes at the National Security Agency that would allow the intelligence service’s information to be used for policing efforts in the United States.“If media accounts are true, this radical policy shift by the NSA would be unconstitutional, and dangerous,” Reps. Ted Lieu (D-Calif.) and Blake FarentholdBlake FarentholdLawmakers warn of 'radical' move by NSA to share information Overnight Tech: Netflix scores win over Postal Service Lawmakers go green for St. Patrick's Day MORE (R-Texas) wrote in a letter to the spy agency this week. “The proposed shift in the relationship between our intelligence agencies and the American people should not be done in secret.ADVERTISEMENT“NSA’s mission has never been, and should never be, domestic policing or domestic spying.”The NSA has yet to publicly announce the change, but The New York Times reported last month that the administration was poised to expand the agency's ability to share information that it picks up about people’s communications with other intelligence agencies.The modification would open the door for the NSA to give the FBI and other federal agencies uncensored communications of foreigners and Americans picked up incidentally — but without a warrant — during sweeps.  
  • Robert Litt, the general counsel at the Office of the Director of National Intelligence, told the Times that it was finalizing a 21-page draft of procedures to allow the expanded sharing.  Separately, the Guardian reported earlier this month that the FBI had quietly changed its internal privacy rules to allow direct access to the NSA’s massive storehouse of communication data picked up on Internet service providers and websites.The revelations unnerved civil liberties advocates, who encouraged lawmakers to demand answers of the spy agency.“Under a policy like this, information collected by the NSA would be available to a host of federal agencies that may use it to investigate and prosecute domestic crimes,” said Neema Singh Guliani, legislative counsel and the American Civil Liberties Union. “Making such a change without authorization from Congress or the opportunity for debate would ignore public demands for greater transparency and oversight over intelligence activities.”In their letter this week, Lieu and Farenthold warned that the NSA’s changes would undermine Congress and unconstitutionally violate people’s privacy rights.   
  • “The executive branch would be violating the separation of powers by unilaterally transferring warrantless data collected under the NSA’s extraordinary authority to domestic agencies, which do not have such authority,” they wrote.“Domestic law enforcement agencies — which need a warrant supported by probable cause to search or seize — cannot do an end run around the Fourth Amendment by searching warrantless information collected by the NSA.”
Paul Merrell

NSA snooping fails to prevent terrorist attacks, watchdog group says - RT USA - 0 views

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

How the NSA Almost Killed the Internet | Threat Level | Wired.com - 0 views

  • Greenwald was the first but not the only journalist that Snowden reached out to. The Post’s Barton Gellman had also connected with him. Now, collaborating with documentary filmmaker and Snowden confidante Laura Poitras, he was going to extend the story to Silicon Valley. Gellman wanted to be the first to expose a top-secret NSA program called Prism. Snowden’s files indicated that some of the biggest companies on the web had granted the NSA and FBI direct access to their servers, giving the agencies the ability to grab a person’s audio, video, photos, emails, and documents. The government urged Gellman not to identify the firms involved, but Gellman thought it was important. “Naming those companies is what would make it real to Americans,” he says. Now a team of Post reporters was reaching out to those companies for comment. It would be the start of a chain reaction that threatened the foundations of the industry. The subject would dominate headlines for months and become the prime topic of conversation in tech circles. For years, the tech companies’ key policy issue had been negotiating the delicate balance between maintaining customers’ privacy and providing them benefits based on their personal data. It was new and contro­versial territory, sometimes eclipsing the substance of current law, but over time the companies had achieved a rough equilibrium that allowed them to push forward. The instant those phone calls from reporters came in, that balance was destabilized, as the tech world found itself ensnared in a fight far bigger than the ones involving oversharing on Facebook or ads on Gmail. Over the coming months, they would find themselves at war with their own government, in a fight for the very future of the Internet.
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    This lengthy article's lead is great, but it barely crawls by the end. Summary: Major internet company execs are worried about their own customer blowback and potential balkanization of the Internet due to the NSA revelations. 
Paul Merrell

CCC | GCHQ to face European Court over mass surveillance - 0 views

  • Three of Britain’s most prominent campaign groups have today announced the launch of a legal challenge against the actions of GCHQ, alleging it has illegally intruded on the privacy of millions of British and European citizens. Big Brother Watch, the Open Rights Group and English PEN, together with German internet activist Constanze Kurz, have filed papers at the European Court of Human Rights bringing an action against the UK Government.

 They allege that by collecting vast amounts of data leaving or entering the UK, including the content of emails and social media messages, the UK’s spy agency has acted illegally. When details recently emerged in the media about the Prism and Tempora programmes, codenames for previously secret online surveillance operations, it was revealed that GCHQ has the capacity to collect more than 21 petabytes of data a day – equivalent to sending all the information in all the books in the British Library 192 times every 24 hours. The disclosures have raised serious parliamentary concerns both in Britain and at the EU level. Deighton Pierce Glynn solicitors represent the applicants, instructing Helen Mountfield QC of Matrix Chambers and Tom Hickman and Ravi Mehta of Blackstone Chambers. The legal action will be funded through donations at www.privacynotprism.org.uk
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    One I missed from October 3, 2013. The case was later filed with the European Court of Human Rights as "Joint Application Under Article 34 of Big Brother Watch, Open Rights Group, English Pen Dr Constanze Kurz (Applicants) - v - United Kingdom (Respondent)." There is no appeal from decisions of this Court.
Paul Merrell

Remember when Obama said the NSA wasn't "actually abusing" its powers? He was wrong. - 1 views

  • At a news conference Friday, President Obama insisted that the threat of NSA abuses was mostly theoretical: If you look at the reports, even the disclosures that Mr. Snowden’s put forward, all the stories that have been written, what you’re not reading about is the government actually abusing these programs and, you know, listening in on people’s phone calls or inappropriately reading people’s e-mails. What you’re hearing about is the prospect that these could be abused. Now part of the reason they’re not abused is because they’re — these checks are in place, and those abuses would be against the law and would be against the orders of the FISC [Foreign Intelligence Surveillance Court]. Today our colleague Barton Gellman released new documents that contradicted Obama’s claims. Gellman obtained an audit of the NSA’s compliance record from NSA leaker Snowden earlier this summer. The audit, dated May 2012, counted 2,776 incidents in the preceding 12 months where the agency engaged in “unauthorized collection, storage, access to or distribution of legally protected communications.” The audit only covered issues at NSA facilities in the D.C. and Fort Meade areas.
  • Obama said that wasn’t supposed to happen because it would be “against the orders of the FISC.” So why didn’t the judges on the court catch these abuses? In another story broken by The Post today, the chief of the Foreign Intelligence Surveillance Act (FISA) Court admits he doesn’t actually have the capability to investigate the compliance record of NSA surveillance programs:
  • Under the FISA regime, the government doesn’t have to seek permission for individual surveillance targets. Instead, it seeks FISC approval for broad schemes of surveillance like PRISM and the phone records program. But that makes it extremely difficult for the FISC to check the court’s work, since the NSA can — and, apparently, did — hide misconduct from the court that’s supposedly supervising its activities.
Gary Edwards

Told Ya So: NSA's Collection Of Metadata Is Screamingly Illegal - Forbes - 1 views

  • The PCLOB disagrees.  While “the matter is not free from doubt, we believe that these decisions are wrong. ‘[I]t is a commonplace of statutory construction that the specific governs the general,’ the Supreme Court has said.” If Congress said telephone companies can share customer data in specific circumstances, but not in response to Section 215 orders, that’s what the law is.  That conclusion seems, to us if not to Judge Pauley, crystal clear.
  • So the NSA’s telephone metadata spying program exceeds the agency’s authority under the Patriot Act, and violates ECPA in the process. But we’re still not done – it gets worse yet. For there are good reasons to believe the NSA’s phone records collection is not just illegal, but criminal.
  • Telephone and Internet metadata are protected by law under the aforementioned “pen register” statute.  That statute says that “no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 3123 of this title or under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).” Pen registers and trap and trace devices collect dialing, routing, signaling or addressing information. Violation of the statute is a criminal misdemeanor.
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  • We suspect that the phone companies have put in place a process adopted specifically to collect the information that the government demands via its section 215 orders and transmit that information to the government according to technological specifications that the government establishes.  We have seen just this sort of cooperative relationship in another of the NSA’s mass surveillance programs – PRISM – which collects the content of emails, text messages, IMs, and other Internet communications.
  • The government works with telephone and Internet companies to get access to the data it wants in a specific, interoperable format. And this is the problem: If the process for collecting data in response to section 215 orders is in any way different from the process for regular billing, without meeting the statutory requirements for installation of a pen register device, it is a crime.
Paul Merrell

Republican Party Calls For End To NSA Domestic Phone Records Program | TIME.com - 0 views

  • In the latest indication of a growing libertarian wing of the GOP, the Republican National Committee passed a resolution Friday calling for an investigation into the “gross infringement” of Americans’ rights by National Security Agency programs that were revealed by Edward Snowden. The resolution also calls on on Republican members of Congress to enact amendments to the Section 215 law that currently allows the spy agency to collect records of almost every domestic telephone call. The amendment should make clear that “blanket surveillance of the Internet activity, phone records and correspondence — electronic, physical, and otherwise — of any person residing in the U.S. is prohibited by law and that violations can be reviewed in adversarial proceedings before a public court,” the resolution reads.
  • The measure, the “Resolution to Renounce the National Security Agency’s Surveillance Program,” passed by an “overwhelming majority” by voice vote, along with resolutions calling for the repeal of the Foreign Account Tax Compliance Act and reaffirming the party’s pro-life stance, according to Reince Priebus, the RNC chairman. Among other points, the resolution declares “the mass collection and retention of personal data is in itself contrary to the right of privacy protected by the Fourth Amendment of the United States Constitution,” a claim embraced by civil libertarians of both parties. The revelation of the NSA programs has caused deepened a rift within the Republican Party between national security hawks and libertarians, but at the meeting, no RNC member rose to speak against the resolution.
  • WHEREAS, the mass collection and retention of personal data is in itself contrary to the right of privacy protected by the Fourth Amendment of the United States Constitution, which guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, that warrants shall issue only upon probable cause, and generally prevents the American government from issuing modern-day writs of assistance; WHEREAS, unwarranted government surveillance is an intrusion on basic human rights that threatens the very foundations of a democratic society and this program represents a gross infringement of the freedom of association and the right to privacy and goes far beyond even the permissive limits set by the Patriot Act; and WHEREAS, Republican House Representative Jim Sensenbrenner, an author of the Patriot Act and Chairman of the House Judiciary Committee at the time of Section 215′s passage, called the Section 215 surveillance program “an abuse of that law,” writing that, “based on the scope of the released order, both the administration and the FISA (Foreign Intelligence Surveillance Act) court are relying on an unbounded interpretation of the act that Congress never intended,” therefore be it
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  • The full text of the resolution as given to TIME follows below: Resolution to Renounce the National Security Agency’s Surveillance Program WHEREAS, the secret surveillance program called PRISM targets, among other things, the surveillance of U.S. citizens on a vast scale and monitors searching habits of virtually every American on the internet; WHEREAS, this dragnet program is, as far as we know, the largest surveillance effort ever launched by a democratic government against its own citizens, consisting of the mass acquisition of Americans’ call details encompassing all wireless and landline subscribers of the country’s three largest phone companies; WHEREAS, every time an American citizen makes a phone call, the NSA gets a record of the location, the number called, the time of the call and the length of the conversation, all of which are an invasion into the personal lives of American citizens that violates the right of free speech and association afforded by the First Amendment of the United States Constitution;
  • RESOLVED, the Republican National Committee encourages Republican lawmakers to enact legislation to amend Section 215 of the USA Patriot Act, the state secrets privilege, and the FISA Amendments Act to make it clear that blanket surveillance of the Internet activity, phone records and correspondence — electronic, physical, and otherwise — of any person residing in the U.S. is prohibited by law and that violations can be reviewed in adversarial proceedings before a public court; RESOLVED, the Republican National Committee encourages Republican lawmakers to call for a special committee to investigate, report, and reveal to the public the extent of this domestic spying and the committee should create specific recommendations for legal and regulatory reform ot end unconstitutional surveillance as well as hold accountable those public officials who are found to be responsible for this unconstitutional surveillance; and
  • RESOLVED, the Republican National Committee encourages Republican lawmakers to immediately take action to halt current unconstitutional surveillance programs and provide a full public accounting of the NSA’s data collection programs.
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    That's more like it! Notice that the call is for a "special committee to investigate," etc., not the House Intelligence Committee chaired by Mike Rogers.  Note also the call for heads to roll.
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    Something messed up in the quoting of the resolution. Please go to the linked web site for the resolution's full text.
Paul Merrell

The NSA Is Commandeering the Internet - Bruce Schneier - The Atlantic - 1 views

  • It turns out that the NSA's domestic and world-wide surveillance apparatus is even more extensive than we thought. Bluntly: The government has commandeered the Internet. Most of the largest Internet companies provide information to the NSA, betraying their users. Some, as we've learned, fight and lose. Others cooperate, either out of patriotism or because they believe it's easier that way. I have one message to the executives of those companies: fight.
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    Bruce Schneier details the reason that internet companies should fight back.
Paul Merrell

How NSA Mass Surveillance is Hurting the US Economy | Electronic Frontier Foundation - 0 views

  • Privacy may not be the only casualty of the National Security Agency’s massive surveillance program. Major sectors of the US economy are reporting financial damage as the recent revelations shake consumer confidence and US trade partners distance themselves from companies that may have been compromised by the NSA or, worse, are secretly collaborating with the spy agency. Member of Congress, especially those who champion America’s competitiveness in the global marketplace, should take note and rein in the NSA now if they want to stem the damage.
  • The fallout may worsen. One study released shortly after the first Edward Snowden leaks said the economy would lose $22 to $35 billion in the next three years. Another study by Forrester said the $35 billion estimate was too low and pegged the real loss figure around $180 billion for the US tech industry by 2016.
  • Members of Congress who care about the US economy should take note: the companies losing their competitive edge due to NSA surveillance are mainstream economic drivers. Just as their constituents are paying attention, so are the customers who vote with their dollars. As Sen. Ron Wyden remarked last month, “If a foreign enemy was doing this much damage to the economy, people would be in the streets with pitchforks.”
Paul Merrell

Testosterone Pit - Home - NSA Revelations Kill IBM Hardware Sales in China - 0 views

  • The first shot was fired on Monday. Teradata, which sells analytics tools for Big Data, warned that quarterly revenues plunged 21% in Asia and 19% in the Middle East and Africa. Wednesday evening, it was IBM’s turn to confess that its hardware sales in China had simply collapsed. Every word was colored by Edward Snowden’s revelations about the NSA’s hand-in-glove collaboration with American tech companies, from startups to mastodons like IBM.
  • The explanation is more obvious. In mid-August, an anonymous source told the Shanghai Securities News, a branch of the state-owned Xinhua News Agency, which reports directly to the Propaganda and Public Information Departments of the Communist Party, that IBM, along with Oracle and EMC, have become targets of the Ministry of Public Security and the cabinet-level Development Research Centre due to the Snowden revelations. “At present, thanks to their technological superiority, many of our core information technology systems are basically dominated by foreign hardware and software firms, but the Prism scandal implies security problems,” the source said, according to Reuters. So the government would launch an investigation into these security problems, the source said. Absolute stonewalling ensued. IBM told Reuters that it was unable to comment. Oracle and EMC weren’t available for comment. The Ministry of Public Security refused to comment. The Development Research Centre knew nothing of any such investigation. The Ministry of Industry and Information Technology “could not confirm anything because of the matter’s sensitivity.”
  • I’d warned about its impact at the time [read.... US Tech Companies Raked Over The Coals In China]. Snowden’s revelations started hitting in May. Not much later, the Chinese security apparatus must have alerted IT buyers in government agencies, state-owned enterprises, and major independent corporations to turn off the order pipeline for sensitive products until this is sorted out. As Mr. Loughridge’s efforts have shown, it’s hard to explain any other way that hardware sales suddenly collapsed by “40%, 50%” in China, where they’d boomed until then. This is the first quantitative indication of the price Corporate America has to pay for gorging at the big trough of the US Intelligence Community, and particularly the NSA with its endlessly ballooning budget. For once, there is a price to be paid, if only temporarily, for helping build a perfect, seamless, borderless surveillance society. The companies will deny it. At the same time, they’ll be looking for solutions. China, Russia, and Brazil are too important to just get kicked out of – and other countries might follow suit. In September, IBM announced that it would throw another billion at Linux, the open-source operating system, to run its Power System servers – the same that China had stopped buying. It seems IBM was trying to make hay of the NSA revelations that had tangled up American operating system makers. Linux, free of NSA influence, would be a huge competitive advantage for IBM. Or so it would seem. Read.... The Other Reason Why IBM Throws A Billion At Linux (With NSA- Designed Backdoor)
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  • The first shot was fired on Monday. Teradata, which sells analytics tools for Big Data, warned that quarterly revenues plunged 21% in Asia and 19% in the Middle East and Africa. Wednesday evening, it was IBM’s turn to confess that its hardware sales in China had simply collapsed. Every word was colored by Edward Snowden’s revelations about the NSA’s hand-in-glove collaboration with American tech companies, from startups to mastodons like IBM.
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    It's starting to look as though the price of NSA collaboration is bankruptcy. Look for Big Blue to attempt to recover the loss from the U.S. government via some juicy deal.
Paul Merrell

NSA performed warrantless searches on Americans' calls and emails - Clapper |... - 0 views

  • US intelligence chiefs have confirmed that the National Security Agency has used a "back door" in surveillance law to perform warrantless searches on Americans’ communications.The NSA's collection programs are ostensibly targeted at foreigners, but in August the Guardian revealed a secret rule change allowing NSA analysts to search for Americans' details within the databases.Now, in a letter to Senator Ron Wyden, an Oregon Democrat on the intelligence committee, the director of national intelligence, James Clapper, has confirmed the use of this legal authority to search for data related to “US persons”.
  • “There have been queries, using US person identifiers, of communications lawfully acquired to obtain foreign intelligence targeting non-US persons reasonably believed to be located outside the United States,” Clapper wrote in the letter, which has been obtained by the Guardian.“These queries were performed pursuant to minimization procedures approved by the Fisa court and consistent with the statute and the fourth amendment.” The legal authority to perform the searches, revealed in top-secret NSA documents provided to the Guardian by Edward Snowden, was denounced by Wyden as a “backdoor search loophole.”Many of the NSA's most controversial programs collect information under the law affected by the so-called loophole. These include Prism, which allows the agency to collect data from Google, Apple, Facebook, Yahoo and other tech companies, and the agency's Upstream program – a huge network of internet cable taps.
  • Clapper did not say how many warrantless searches had been performed by the NSA. It was not the first time the searches had been confirmed: after the Snowden leaks, the office of the director of national intelligence declassified documents that discussed the rule change. But Clapper's letter drew greater attention to the issue.Confirmation that the NSA has searched for Americans’ communications in its phone call and email databases complicates President Barack Obama’s initial defenses of the broad surveillance in June.“When it comes to telephone calls, nobody is listening to your telephone calls. That’s not what this program’s about,” Obama said. “As was indicated, what the intelligence community is doing is looking at phone numbers and durations of calls. They are not looking at people’s names, and they’re not looking at content.”Obama was referring specifically to the bulk collection of US phone records, but his answer misleadingly suggested that the NSA could not examine Americans’ phone calls and emails.
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  • At a recent hearing of the Privacy and Civil Liberties Oversight Board, administration lawyers defended their latitude to perform such searches. The board is scheduled to deliver a report on the legal authority under which the communications are collected, Section 702 of the Foreign Intelligence Surveillance Act (Fisa), passed in 2008. Wyden and Colorado Democrat Mark Udall failed in 2012 to persuade their fellow Senate intelligence committee members to prevent such warrantless searches during the re-authorisation of the 2008 Fisa Amendments Act, which wrote Section 702 into law. Dianne Feinstein, the California Democrat who chairs the committee, defended the practice, and argued that it did not violate the act’s “reverse targeting” prohibition on using NSA’s vast powers to collect content on Americans.
  • Much of the NSA's bulk data collection is covered by section 702 of the Fisa Amendments Act. This allows for the collection of communications – content and metadata alike – without individual warrants, so long as there is a reasonable belief the communications are both foreign and overseas.The communications of Americans in direct contact with foreign targets can also be collected without a warrant, and the intelligence agencies acknowledge that purely domestic communications can also be inadvertently swept into its databases. That process is known as "incidental collection".Initially, NSA rules on such data prevented the databases being searched for any details relating to "US persons" – that is, citizens or residents of the US. However, in October 2011 the Fisa court approved new procedures which allowed the agency to search for US person data, a revelation contained in documents revealed by Snowden.
  • The ruling appears to give the agency free access to search for information relating to US people within its vast databases, though not to specifically collect information against US citizens in the first place. However, until the DNI's disclosure to Wyden, it was not clear whether the NSA had ever actually used these powers.On Tuesday, Wyden and Udall said the NSA’s warrantless searches of Americans’ emails and phone calls “should be concerning to all.” “This is unacceptable. It raises serious constitutional questions, and poses a real threat to the privacy rights of law-abiding Americans. If a government agency thinks that a particular American is engaged in terrorism or espionage, the fourth amendment requires that the government secure a warrant or emergency authorisation before monitoring his or her communications. This fact should be beyond dispute,” the two senators said in a joint statement.
  • They continued: “Today’s admission by the Director of National Intelligence is further proof that meaningful surveillance reform must include closing the back-door searches loophole and requiring the intelligence community to show probable cause before deliberately searching through data collected under section 702 to find the communications of individual Americans."
Paul Merrell

Pentagon preparing for mass civil breakdown | Nafeez Ahmed | Environment | theguardian.com - 0 views

  • A US Department of Defense (DoD) research programme is funding universities to model the dynamics, risks and tipping points for large-scale civil unrest across the world, under the supervision of various US military agencies. The multi-million dollar programme is designed to develop immediate and long-term "warfighter-relevant insights" for senior officials and decision makers in "the defense policy community," and to inform policy implemented by "combatant commands." Launched in 2008 – the year of the global banking crisis – the DoD 'Minerva Research Initiative' partners with universities "to improve DoD's basic understanding of the social, cultural, behavioral, and political forces that shape regions of the world of strategic importance to the US."
  • According to Prof David Price, a cultural anthropologist at St Martin's University in Washington DC and author of Weaponizing Anthropology: Social Science in Service of the Militarized State, "when you looked at the individual bits of many of these projects they sort of looked like normal social science, textual analysis, historical research, and so on, but when you added these bits up they all shared themes of legibility with all the distortions of over-simplification. Minerva is farming out the piece-work of empire in ways that can allow individuals to disassociate their individual contributions from the larger project."Prof Price has previously exposed how the Pentagon's Human Terrain Systems (HTS) programme - designed to embed social scientists in military field operations - routinely conducted training scenarios set in regions "within the United States." Citing a summary critique of the programme sent to HTS directors by a former employee, Price reported that the HTS training scenarios "adapted COIN [counterinsurgency] for Afghanistan/Iraq" to domestic situations "in the USA where the local population was seen from the military perspective as threatening the established balance of power and influence, and challenging law and order."
  • Last year, the DoD's Minerva Initiative funded a project to determine 'Who Does Not Become a Terrorist, and Why?' which, however, conflates peaceful activists with "supporters of political violence" who are different from terrorists only in that they do not embark on "armed militancy" themselves. The project explicitly sets out to study non-violent activists
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  • Twitter posts and conversations will be examined "to identify individuals mobilised in a social contagion and when they become mobilised."
  • One war-game, said Price, involved environmental activists protesting pollution from a coal-fired plant near Missouri, some of whom were members of the well-known environmental NGO Sierra Club. Participants were tasked to "identify those who were 'problem-solvers' and those who were 'problem-causers,' and the rest of the population whom would be the target of the information operations to move their Center of Gravity toward that set of viewpoints and values which was the 'desired end-state' of the military's strategy."Such war-games are consistent with a raft of Pentagon planning documents which suggest that National Security Agency (NSA) mass surveillance is partially motivated to prepare for the destabilising impact of coming environmental, energy and economic shocks.
  • Minerva is a prime example of the deeply narrow-minded and self-defeating nature of military ideology. Worse still, the unwillingness of DoD officials to answer the most basic questions is symptomatic of a simple fact – in their unswerving mission to defend an increasingly unpopular global system serving the interests of a tiny minority, security agencies have no qualms about painting the rest of us as potential terrorists.
Paul Merrell

FBI, CIA Use Backdoor Searches To Warrentlessly Spy On Americans' Communications | Tech... - 0 views

  • The other shoe just dropped when it comes to how the federal government illegally spies on Americans. Last summer, the details of the NSA's "backdoor searches" were revealed. This involved big collections of content and metadata (so, no, not "just metadata" as meaningless as that phrase is) that were collected under Section 702 of the FISA Amendments Act (FAA). This is part of the program that the infamous PRISM effort operates under, and which allows the NSA to collect all sorts of content, including communications to, from or about a "target" -- where a "target" can be incredibly loosely defined (i.e., it can include groups or machines or just about anything). The "backdoor searches" were a special loophole added in 2011 allowing the NSA to make use of "US person names and identifiers as query terms." In the past, it had been limited (as per the NSA's mandate) to only non-US persons.
  • This morning, James Clapper finally responded to a request from Senator Ron Wyden concerning the number of such backdoor searches using US identifiers that were done by various government agencies. And, surprisingly, it's redaction free. The big reveal is... that it's not just the NSA doing these searches, but the CIA and FBI as well. This is especially concerning with regards to the FBI. This means that the FBI, who does surveillance on Americans, is spying on Americans communications that were collected by the NSA and that they're doing so without anything resembling a warrant. Oh, and let's make this even worse: the FBI isn't even tracking how often it does this. It's just doing it willy nilly:
  • Got that? Basically, the FBI often asks the NSA for a big chunk of data that the NSA probably shouldn't have in the first place -- including tons of Americans' communications, and the FBI gets to dump it into the same database that it is free to query. And the FBI tracks none of this, other than to say that it believes that there are a "substantial" number of such queries. This would seem to be a pretty blatant attempt to end run around the 4th Amendment, giving the FBI broad access to searching through the communications of Americans with what appears to be almost no oversight. Yikes! Oh, and it's not just the NSA, but the CIA as well. Remember, the CIA is not supposed to be doing any surveillance on US persons (like the NSA), but that's not what's happening at all. At least the CIA tracks some (but not all) of its abuse of backdoor searches:
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  • The FBI does not track how many queries it conducts using U.S. person identifiers. The FBI is responsible for identifying and countering threats to the homeland, such as terrorism pilots and espionage, inside the U.S. Unlike other IC agencies, because of its domestic mission, the FBI routinely deals with information about US persons and is expected to look for domestic connections to threats emanating from abroad, including threats involving Section 702 non-US. person targets. To fulfill its mission and avoid missing connections within the information lawfully in its possession, the FBI does not distinguish between U.S. and non- U.S. persons for purposes of querying Section 702 collection. It should be noted that the FBI does not receive all of Section 702 collection; rather, the FBI only requests and receives a small percentage of total Section 702 collection and only for those selectors in which the FBI has an investigative interest. Moreover, because the FBI stores Section 702 collection in the same database as its "traditional" FISA collection, a query of "traditional" FISA collection will also query Section 702 collection. In addition, the FBI routinely conducts queries across its databases in an effort to locate relevant information that is already in its possession when it opens new national security investigations and assessments. Therefore, the FBI believes the number of queries is substantial. However, only FBI personnel trained in the Section 702 minimization procedures are able to View any Section 702 collection that is responsive to any query.
  • In calendar year 2013, CIA conducted fewer than 1900 queries of Section 702-acquired communications using specific U.S. person identifiers as query terms or other more general query terms if they are intended to return information about a particular U.S. person. Of that total number approximately 40% were conducted as a result of requests for counterterrorism-related information from other U.S. intelligence agencies. Approximately 27% of the total number are duplicative or recurring queries conducted at different times using the same identifiers but that CIA nonetheless counts as separate queries. CIA also uses U.S. person identifiers to conduct metadata-only queries against metadata derived from the FISA Section 702 collection. However, the CIA does not track the number of metadata-only queries using U.S. person identifiers.
  • So, the CIA is doing these kinds of warrantless fishing expeditions into the communications of Americans as well, but at least the CIA tracks how often it's doing so. Of course, when it comes to metadata searches, the CIA doesn't bother. It's also a bit bizarre that the CIA is apparently carrying out a bunch of those searches for "other U.S. intelligence agencies," when the CIA should be especially limited in its ability to do these searches in the first place. Senator Wyden has responded to these revelations by pointing out how "flawed" the oversight system is that these have been allowed:
  • When the FBI says it conducts a substantial number of searches and it has no idea of what the number is, it shows how flawed this system is and the consequences of inadequate oversight. This huge gap in oversight is a problem now, and will only grow as global communications systems become more interconnected. The findings transmitted to me raise questions about whether the FBI is exercising any internal controls over the use of backdoor searches including who and how many government employees can access the personal data of individual Americans. I intend to follow this up until it is fixed.
  • Hopefully, now you are starting to recognize what a big deal it was last week when the House of Representatives recently voted to defund the ability to do these kinds of backdoor searches. Still, much more needs to be done. Oh, and in case you're wondering why Clapper finally 'fessed up to the FBI and CIA making use of these data to warrantlessly spy on Americans, it's worth noting that the Privacy and Civil Liberties Oversight Board (PCLOB) is expected to come out with its report on the Section 702 surveillance program on July 2nd (7/02, get it?). It seems likely that the report will discuss these backdoor searches on Americans and how other agencies besides the NSA has been involved in the practice.
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    Note to self: Look for the new PCLOB report in the morning. 
Paul Merrell

WikiLeaks' Julian Assange warns: Google is not what it seems - 1 views

  • Back in 2011, Julian Assange met up with Eric Schmidt for an interview that he considers the best he’s ever given. That doesn’t change, however, the opinion he now has about Schmidt and the company he represents, Google.In fact, the WikiLeaks leader doesn’t believe in the famous “Don’t Be Evil” mantra that Google has been preaching for years.Assange thinks both Schmidt and Google are at the exact opposite spectrum.“Nobody wants to acknowledge that Google has grown big and bad. But it has. Schmidt’s tenure as CEO saw Google integrate with the shadiest of US power structures as it expanded into a geographically invasive megacorporation. But Google has always been comfortable with this proximity,” Assange writes in an opinion piece for Newsweek.
  • “Long before company founders Larry Page and Sergey Brin hired Schmidt in 2001, their initial research upon which Google was based had been partly funded by the Defense Advanced Research Projects Agency (DARPA). And even as Schmidt’s Google developed an image as the overly friendly giant of global tech, it was building a close relationship with the intelligence community,” Assange continues.Throughout the lengthy article, Assange goes on to explain how the 2011 meeting came to be and talks about the people the Google executive chairman brought along - Lisa Shields, then vice president of the Council on Foreign Relationship, Jared Cohen, who would later become the director of Google Ideas, and Scott Malcomson, the book’s editor, who would later become the speechwriter and principal advisor to Susan Rice.“At this point, the delegation was one part Google, three parts US foreign-policy establishment, but I was still none the wiser.” Assange goes on to explain the work Cohen was doing for the government prior to his appointment at Google and just how Schmidt himself plays a bigger role than previously thought.In fact, he says that his original image of Schmidt, as a politically unambitious Silicon Valley engineer, “a relic of the good old days of computer science graduate culture on the West Coast,” was wrong.
  • However, Assange concedes that that is not the sort of person who attends Bilderberg conferences, who regularly visits the White House, and who delivers speeches at the Davos Economic Forum.He claims that Schmidt’s emergence as Google’s “foreign minister” did not come out of nowhere, but it was “presaged by years of assimilation within US establishment networks of reputation and influence.” Assange makes further accusations that, well before Prism had even been dreamed of, the NSA was already systematically violating the Foreign Intelligence Surveillance Act under its director at the time, Michael Hayden. He states, however, that during the same period, namely around 2003, Google was accepting NSA money to provide the agency with search tools for its rapidly-growing database of information.Assange continues by saying that in 2008, Google helped launch the NGA spy satellite, the GeoEye-1, into space and that the search giant shares the photographs from the satellite with the US military and intelligence communities. Later on, 2010, after the Chinese government was accused of hacking Google, the company entered into a “formal information-sharing” relationship with the NSA, which would allow the NSA’s experts to evaluate the vulnerabilities in Google’s hardware and software.
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  • “Around the same time, Google was becoming involved in a program known as the “Enduring Security Framework” (ESF), which entailed the sharing of information between Silicon Valley tech companies and Pentagon-affiliated agencies at network speed.’’Emails obtained in 2014 under Freedom of Information requests show Schmidt and his fellow Googler Sergey Brin corresponding on first-name terms with NSA chief General Keith Alexander about ESF,” Assange writes.Assange seems to have a lot of backing to his statements, providing links left and right, which people can go check on their own.
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    The "opinion piece for Newsweek" is an excerpt from Assange's new book, When Google met Wikileaks.  The chapter is well worth the read. http://www.newsweek.com/assange-google-not-what-it-seems-279447
Paul Merrell

IETF Begins To Work On Designing A Surveillance-Resistant Net | Techdirt - 0 views

  • Edward Snowden's leaks show that the NSA and GCHQ have been systematically subverting key technologies that underlie the Internet. That betrayal of trust has prompted some soul-searching by the Net engineering community, which realizes that it needs to come up with more surveillance-resistant approaches. This story from Radio Netherlands Worldwide (RNW) provides information about the kind of thing they are working on in one key group, the Internet Engineering Task Force (IETF). It reports on a speech given by the IETF's chair, Jari Arkko, at the recent Internet Governance Forum in Bali, Indonesia.
  • Firstly, the IETF wants to eventually apply encryption to all web traffic. "Today, security only gets switched on for certain services like banking," Arkko explained, referring to IETF-developed standards like SSL -- the little lock that appears in the upper left corner of your browser to secure online purchases. "If we work hard, we can make [the entire internet] secure by default." To this end, the IETF might make encryption mandatory for HTTP 2.0, a new version of the basic web protocol. Secondly, the IETF plans to remove weak algorithms and strengthen existing algorithms behind encryption. This means that the US National Security Agency and other surveillors will find it harder to crack current forms of encryption.
  • Putting that in context, Axl Pavlik, the managing director of Europe's Internet Registry (RIPE NCC), notes that you can never stop surveillance completely, but you can make it more expensive: "You and I have limited resources, and the surveillor has limited resources -- maybe more than we have -- but if millions of users of the internet raise the bar a little bit, the requirements to surveil every little bit of internet traffic would be much higher," he explained to RNW. Mandatory use of encryption helps do that. And here's another good reason for adopting it: The IETF's plans also benefit people who are already encrypting their online activities themselves, argued Marco Hogewoning, technical adviser to RIPE NCC. According to him, these people currently stick out like a sore thumb to the very surveillors they hope to evade.
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  • He has a great analogy: "If you see an armoured car now on the street, you know there must be something valuable inside," Hogewoning explained. "If everybody drives around in an armoured car, I can go around and put a lot of effort into breaking into each and every car, and hope I get lucky and find something valuable inside, but it might be empty. If everybody encrypts everything, all you can see is armoured cars." However, valuable as these moves will be in raising the cost of surveillance, there is always the problem of the endpoints: While the IETF might be able to secure the pipes through which users' data travel, users must also be able to trust the parties where their data is stored: software, hardware and services such as Cisco, Gmail and Facebook. These parties can hand over user data directly to government agencies. To address that, technical improvements aren't enough -- we need political solutions, too. Unfortunately, those are rather more difficult to engineer.
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    Oh, goody some more!
Paul Merrell

Keith Alexander, On Stage While Story Of NSA Infiltrations Breaks, Tries To Mislead Wit... - 0 views

  • In an interesting bit of timing, just as the Washington Post was breaking the news that the NSA had infiltrated Google and Yahoo's cloud data by hacking into the (stupidly) unencrypted data links between data centers, it turned out that NSA boss Keith Alexander was on stage at a Bloomberg Government Cybersecurity conference. He was asked about the report, and he tried to tap dance around it by claiming the NSA doesn't have access to Yahoo and Google's servers. The Guardian has a brief summary: Alexander, asked about the Post report, denied it. “Not to my knowledge, that’s never happened,” the NSA director said, before reiterating an earlier denial Prism gave the NSA direct access to the servers of its internet service provider partners. “Everything we do with those companies that work with us, they are compelled to work with us,” Alexander said. “These are specific requirements that come from a court order. This is not the NSA breaking into any databases. It would be illegal for us to do that. So I don’t know what the report is, but I can tell you factually: we do not have access to Google servers, Yahoo servers, dot-dot-dot. We go through a court order.” But, of course, in typical Alexander fashion, he's choosing his words carefully -- and thankfully people can more easily see through it at this point, since they're getting so used to it. The report didn't say they were accessing those companies' servers or databases, but rather hacking into the network connection between their data centers. That's like a report breaking of the NSA hijacking armored cars with cash, and Alexander claiming "we didn't break into the bank." Nice try.
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    Dear Gen. Alexander, The reason the White House has jumped ship on you and your agency is that they don't want to go down with your ship. If you haven't figured that out by now, you probably also do not realize that those who get caught lying repeatedly set fire to the stage they stand on. As said during World War II, "Loose lips sink ships." You'd be far better off if you just stopped making public statements. But thanks for contributing to our entertainment.
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