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A member of Germany’s foreign intelligence agency has been detained for possibly spying for the US. The 31-year-old is suspected of giving a US spy agency information about a parliamentary inquiry of NSA activities. (Image: PictureAlliance/DPA))German news outlets on Friday are reporting that a so-called “double agent” has been detained after confessing to investigators that he was paid by U.S. agents to spy on the German parliamentary panel now investigating the extent of U.S. National Security Agency’s surveillance inside the country. According to Deutsche Welle: During questioning, the suspect reportedly told investigators that he had gathered information on an investigative committee from Germany’s lower house of parliament, the Bundestag. The panel is conducting an inquiry into NSA surveillance on German officials and citizens. A spokesperson for the Federal Prosecutor’s office declined to provide further details about the case, according to news agency AFP. German-US relations have been on the rocks since revelations of mass surveillance not only on German citizens, but also on Chancellor Angela Merkel and other politicians made headlines last year.

Der Spiegel (Google Translate) notes that initial information indicates the individual—who worked for the Bundesnachrichtendienst (BND), Germany’s equivalent of the NSA—had “been specifically looking for information related to the NSA investigation committee of the Bundestag and given them to his American contact man.” As journalist Glenn Greenwald immediately observed: That’d be the ultimate irony: US Govt spied on German parliamentary investigation into US Govt spying on Germans http://t.co/P9WkGT83oQ — Glenn Greenwald (@ggreenwald) July 4, 2014 And David Meyer, writing for Gigaom, adds: The 31-year-old was originally arrested on suspicion of having contact with Russian intelligence, but then apparently confessed to having reported back at least once to the Americans on the Bundestag committee’s activities. He reportedly did this for money. The reports raise the possibility that he may be lying, but also note that the committee has long suspected it was being spied on. If this is all true, it may turn out to be an even bigger diplomatic scandal than the NSA’s bugging of Chancellor Angela Merkel’s phone, a formal probe into which was announced a month ago.

On Thursday, the Bundestag’s investigative committee looking into NSA surveillance heard testimony from two U.S. whistleblowers who worked, Thomas Drake and William Binney, for the spy agency but objected to what they consider its troubling tactics. As Deutsche Welle reports, Binney—who once headed the agencies technology division—accused the NSA of having a “totalitarian mentality” and wanting “total information control” over U.S. citizens and the entirety of the global digital environment. He went on to compare the NSA’s approach to that used by dictators against oppressed populations. According to the Deutsche Presse-Agentur (DPA): Drake said the BND had become a “vermiform appendix of the NSA,” referring to accusations it had been passing data on German citizens on to the American service – an act forbidden under Germany’s constitution. “The silence of the BND is terrible,” Drake told the committee, and said people had a right to know what was going on. “You shouldn’t wait for a German Edward Snowden to lift the veil.”

British intelligence officials are so alarmed at a parliamentary inquiry into their activities in Germany that they have threatened to stop sharing information if it goes ahead. According to a report in Focus magazine, British spy chiefs are worried that German politicians could reveal classified information about their joint projects, including details about code-breaking and technology. They fear a Europe-wide surveillance project that began last year, and includes British and German intelligence, could be comprised. Germany is taking the threat, said to have been made by senior British officials, seriously. Gerhard Schindler, the head of Germany's federal intelligence agency, the Bundesnachrichtendienst (BND) reportedly brief the parliamentary inquiry on the "unusually tense relations with British partner agencies" on Wednesday evening.

Last summer, Mrs Merkel's government asked the BND to spy on how Britain and the US gathers intelligence on German soil, the first time it has done so since the Second World War. The request was made after a double agent was uncovered in the BND selling secrets to the US Central Intelligence Agency (CIA).

The CIA's station chief in Berlin was asked to leave Germany after the news broke. Britain's relationship with Germany was also hit after it emerged that the UK was using its embassy as a listening post to monitor communications in the buildings of government departments nearby.

Just as the Bush administration and the U.S. media re-labelled “torture” with the Orwellian euphemism “enhanced interrogation techniques” to make it more palatable, the governments and media of the Five Eyes surveillance alliance are now attempting to re-brand “mass surveillance” as “bulk collection” in order to make it less menacing (and less illegal). In the past several weeks, this is the clearly coordinated theme that has arisen in the U.S., UK, Canada, Australia and New Zealand as the last defense against the Snowden revelations, as those governments seek to further enhance their surveillance and detention powers under the guise of terrorism.

This manipulative language distortion can be seen perfectly in yesterday’s white-washing report of GCHQ mass surveillance from the servile rubber-stamp calling itself “The Intelligence and Security Committee of the UK Parliament (ISC)”(see this great Guardian Editorial this morning on what a “slumbering” joke that “oversight” body is). As Committee Member MP Hazel Blears explained yesterday (photo above), the Parliamentary Committee officially invoked this euphemism to justify the collection of billions of electronic communications events every day. The Committee actually acknowledged for the first time (which Snowden documents long ago proved) that GCHQ maintains what it calls “Bulk Personal Datasets” that contain “millions of records,” and even said about pro-privacy witnesses who testified before it: “we recognise their concerns as to the intrusive nature of bulk collection.” That is the very definition of “mass surveillance,” yet the Committee simply re-labelled it “bulk collection,” purported to distinguish it from “mass surveillance,” and thus insist that it was all perfectly legal.

This re-definition game goes as follows: yes, we vacuum up and store literally as much of the internet as we possibly can. Then we analyze all the data about what you’re doing, with whom you’re speaking, and who your network of associates is. Based on that analysis of all of you and your activities, we then read the communications that we want (with virtually no checks and concealing from you what percentage of it we’re reading), and store as much of the rest of it as technology permits for future trolling. But don’t worry: we’re only reading the Bad People’s emails. So run along then: no mass surveillance here. Just bulk collection! It’s not mass surveillance, but “enhanced collection techniques.”  One of the many facts that made the re-defining of “torture” so corrupt and indisputably invalid was that there was long-standing law making clear that exactly these interrogation techniques used by the U.S. government were torture and thus illegal. The same is true of this obscene attempt to re-define “mass surveillance” as nothing more than mere innocent “bulk collection.”

Whilst any British or US soldier responsible for the litany of appalling crimes committed in Iraq should be pursued relentlessly – which has broadly been less than the case to date – the ultimate responsibility for the whole tragic disaster for which both countries’ leaders and military brass will surely be haunted throughout history, lies with those at the political top. Their blatant mistruths led to the invasion and its bloody, inhuman, ignorant, culturally clueless, unending aftermath. Of the ICC decision, Reg Keys, who stood against Blair in the 2005 election and whose twenty year old son, Tom was killed in Iraq said: “It makes me very angry. They don’t call him Teflon Tony for nothing.” However, Anthony Charles Linton Blair, QC, will still have to spend a lot of time looking over his shoulder. In what the Daily Mail describes as: “a dramatic attempt to impeach Tony Blair for misleading Parliament over the Iraq war”, a cross party group of MPs are building support: “for an attempted prosecution of the former Prime Minister”, after Wednesday’s publication of the Inquiry’s findings. (2) The MPs are using an ancient parliamentary power, unused since 1806 to bring Blair to trial in Parliament. The groups charge is that: “he should be impeached over allegations (that) he breached his constitutional duties as Premier.” His pivotal claims regarding Iraq’s weapons of mass destruction – which, he had asserted, could reach the West “in 45 minutes” had been “contradicted by his own intelligence (agencies) assessments”, points out the Mail. A parliamentary source told the Mail: “Impeachment is on our minds, but we will need to digest the Report.

There is definitely a feeling that Blair must be properly held to account for his actions in the run up to what was a disastrous war.” Not so much a war but the near annihilation of a sovereign nation without even the minimal wherewithal of self defense, many will reflect. If the impeachment attempt is approved by MPs, the defendant is delivered the top parliamentary ceremonial official, known as Black Rod, ahead of a trial. “A simple majority is required to convict, at which point a sentence can be passed, which could, in theory, involve Mr. Blair being sent to prison.” The MPs are not alone in their potential plans. Whatever the Chilcot Report may lack in judgmental findings, it will deliver to relevant legal experts a wealth of potential for civil litigation against all responsible for crimes against sovereignty, humanity, the peace – and what many will argue has been genocide. The Chilcot Inquiry is 2.6 million words. Many figures show that between the embargo, the 1991 desert slaughter, the silent holocaust of the residual deaths from the Depleted Uranium weapons (radioactive residue 4.5 million years) and the 2003 invasion – massacres ongoing -that may represent less than one word for every Iraqi death.

GCHQ's mass surveillance spying programmes are probably illegal and have been signed off by ministers in breach of human rights and surveillance laws, according to a hard-hitting legal opinion that has been provided to MPs.The advice warns that Britain's principal surveillance law is too vague and is almost certainly being interpreted to allow the agency to conduct surveillance that flouts privacy safeguards set out in the European convention on human rights (ECHR).The inadequacies, it says, have created a situation where GCHQ staff are potentially able to rely "on the gaps in the current statutory framework to commit serious crime with impunity".

Last year, Hague told MPs: "It has been suggested GCHQ uses our partnership with the US to get around UK law, obtaining information that they cannot legally obtain in the UK. I wish to be absolutely clear that this accusation is baseless."However, the legal advice poses awkward new questions about the framework GCHQ operates within, the role of ministers and the legality of transferring bulk data to other spy agencies.The advice makes clear Ripa does not allow GCHQ to conduct mass surveillance on communications between people in the UK, even if the data has briefly left British shores because the call or email has travelled to an internet server overseas.

The legal advice has been sent to the 46 members of the all-party parliamentary group on drones, which is chaired by the Labour MP, Tom Watson.

In an angry exchange with Barack Obama, Angela Merkel has compared the snooping practices of the US with those of the Stasi, the ubiquitous and all-powerful secret police of the communist dictatorship in East Germany, where she grew up.The German chancellor also told the US president that America's National Security Agency cannot be trusted because of the volume of material it had allowed to leak to the whistleblower Edward Snowden, according to the New York Times.Livid after learning from Der Spiegel magazine that the Americans were listening in to her personal mobile phone, Merkel confronted Obama with the accusation: "This is like the Stasi."The newspaper also reported that Merkel was particularly angry that, based on the disclosures, "the NSA clearly couldn't be trusted with private information, because they let Snowden clean them out."

Snowden is to testify on the NSA scandal to a European parliament inquiry next month, to the anger of Washington which is pressuring the EU to stop the testimony.

A draft report by a European parliament inquiry into the affair, being presented on Wednesday and obtained by the Guardian, says there has to be a discussion about the legality of the NSA's operations and also of the activities of European intelligence agencies.The report drafted by Claude Moraes, the British Labour MEP heading the inquiry, says "we have received substantial evidence that the operations by intelligence services in the US, UK, France and Germany are in breach of international law and European law".

The extent and scale of mass surveillance undertaken by Britain's spy agencies is to be scrutinised in a major inquiry to be formally launched on Thursday.Parliament's intelligence and security committee (ISC), the body tasked with overseeing the work of GCHQ, MI5 and MI6, will say the investigation is a response to concern raised by the leaks from the whistleblower Edward Snowden.Sir Malcolm Rifkind, the committee chair, said "an informed and proper debate was needed". One Whitehall source described the investigation as "a public inquiry in all but name".

In a change from its usual protocol, the normally secretive committee also announced that part of its inquiry would be held in public.It will also take written evidence from interested groups and the public, as well as assessing secret material supplied by the intelligence agencies. The Guardian will also consider submitting evidence.

German spies targeted politicians in friendly European nations and inside Germany for surveillance on behalf of the US National Security Agency (NSA), a media report revealed on Thursday. Net company drags German spies to court (23 Apr 15) Liberals: Data retention unconstitutional (17 Apr 15) Ministers want phone data stored for ten weeks (15 Apr 15)

Der Spiegel reported that the US spy agency sent Germany's foreign intelligence agency, the Bundesnachrictendienst (BND), huge numbers of “selectors” – computer addresses, mobile phone numbers and other identifying information – which are used to target people's digital communications. Die Zeit reported that the NSA asked for a total of 800,000 people to be targeted for surveillance. The BND simply plugged the personal details into their own systems and carried out the intimate surveillance on behalf of their American allies.

BND officers had noticed several times since 2008 that some of the selectors directly contradicted the rules on how the agency is supposed to work, and its co-operation agreement for the “War on Terror” Germany signed with the USA in 2002. The Americans reportedly asked for information on arms manufacturer EADS, the Eurocopter helicopter company and the French government. But this was not seen by their superiors as a reason to regularly check the lists of selectors for irregularities. It was only after leaks by NSA whistleblower Edward Snowden began in summer 2013, revealing the extent of the surveillance by the American spies against the entire world's communications, that the BND began checking in detail.

The European Parliament today voted to investigate the extent of the CIA’s detention, torture and rendition programme in EU countries. The decision comes two months after the US Senate intelligence committee published a redacted summary of its six year investigation into the CIA’s detention and interrogation programme. The European Parliament’s committees on civil liberties, foreign affairs and human rights previously investigated the CIA’s programme in 2006, and they will now resume their inquiry with new details from the Senate’s report. Passing today’s resolution, MEPs said the summary “reveals new facts that reinforce allegations that a number of EU member states… were complicit in the CIA’s secret detention and extraordinary rendition programme, sometimes through corrupt means based on substantial amounts of money provided by the CIA in exchange for their cooperation”. Romania, Poland and Lithuania are widely known to have hosted CIA black sites, along with those in Afghanistan, Thailand and Guantánamo Bay.

In the first case of its kind last July, the European Court of Human Rights considered whether Poland had been complicit in the detention and transport of two CIA detainees, Abu Zubaydah andAbd al-Rahim al-Nashiri.

The motion passed today also encouraged the release of the report in full, without “excessive and unnecessary” redactions. References to individual countries were redacted in the summary on grounds of national security. Today’s resolution was approved by 363 votes to 290, with 48 abstentions.

The Dutch intelligence service - AIVD - hacks internet web forums to collect the data of all users. The majority of these people are unknown to the intelligence services and are not specified as targets when the hacking and data-collection process starts. A secret document of former NSA-contractor Edward Snowden shows that the AIVD use a technology called Computer Network Exploitation – CNE – to hack the web forums and collect the data.

Nico van Eijk, a Dutch professor in Information Law, is of the opinion that the Dutch intelligence service has crossed the boundaries of Dutch legislation. “They use sweeps to collect data from all users of web forums. The use of these techniques could easily lead to mass surveillance by the government.” IT specialist Matthijs Koot says that the exploitation of this technology can lead to a blurring of the lines between normal citizens and legitimate targets of the intelligence services. The document summarizes a meeting held on February 14, 2013 between officials of the NSA and the Dutch intelligence services - AIVD and MIVD. During this meeting Dutch officials briefed their American counterparts on the way they target web forums with the CNE technique. “They acquire MySQL databases via CNE access”, the document reads. MySQL is free open source software used to build databases for web forums. These databases contain all the posts of all the users of the forum and their personal data. During the meeting Dutch intelligence officers explained how they use the information in the database. In order to identify targets. According to the document the Dutch “are looking at marrying the forum data with other social network info, and trying to figure out good ways to mine the data that they have.”

A group of Dutch members of parliament have called for a parliamentary inquiry into the way the secret services are collecting and using data. The Dutch intelligence services have been previously criticised by an oversight committee for the way in which they have used legally intercepted data. According to this committee the search queries the intelligence services used to filter the data, were not specific enough. The use of generic queries, the committee concluded, was “not in accordance with Dutch law”. A spokesperson for the Dutch government refused to comment on the use of data from web forums by the AIVD, but stated that the intelligence services are allowed to hack computers. A spokesperson for the American government stated that the publication of classified information is a threat to US national security.

The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”

Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”

The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”