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Surveillance scandal rips through hacker community | Security & Privacy - CNET News - 0 views

  • One security start-up that had an encounter with the FBI was Wickr, a privacy-forward text messaging app for the iPhone with an Android version in private beta. Wickr's co-founder Nico Sell told CNET at Defcon, "Wickr has been approached by the FBI and asked for a backdoor. We said, 'No.'" The mistrust runs deep. "Even if [the NSA] stood up tomorrow and said that [they] have eliminated these programs," said Marlinspike, "How could we believe them? How can we believe that anything they say is true?" Where does security innovation go next? The immediate future of information security innovation most likely lies in software that provides an existing service but with heightened privacy protections, such as webmail that doesn't mine you for personal data.
  • Wickr's Sell thinks that her company has hit upon a privacy innovation that a few others are also doing, but many will soon follow: the company itself doesn't store user data. "[The FBI] would have to force us to build a new app. With the current app there's no way," she said, that they could incorporate backdoor access to Wickr users' texts or metadata. "Even if you trust the NSA 100 percent that they're going to use [your data] correctly," Sell said, "Do you trust that they're going to be able to keep it safe from hackers? What if somebody gets that database and posts it online?" To that end, she said, people will start seeing privacy innovation for services that don't currently provide it. Calling it "social networks 2.0," she said that social network competitors will arise that do a better job of protecting their customer's privacy and predicted that some that succeed will do so because of their emphasis on privacy. Abine's recent MaskMe browser add-on and mobile app for creating disposable e-mail addresses, phone numbers, and credit cards is another example of a service that doesn't have access to its own users' data.
  • Stamos predicted changes in services that companies with cloud storage offer, including offering customers the ability to store their data outside of the U.S. "If they want to stay competitive, they're going to have to," he said. But, he cautioned, "It's impossible to do a cloud-based ad supported service." Soghoian added, "The only way to keep a service running is to pay them money." This, he said, is going to give rise to a new wave of ad-free, privacy protective subscription services.
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  • The issue with balancing privacy and surveillance is that the wireless carriers are not interested in privacy, he said. "They've been providing wiretapping for 100 years. Apple may in the next year protect voice calls," he said, and said that the best hope for ending widespread government surveillance will be the makers of mobile operating systems like Apple and Google. Not all upcoming security innovation will be focused on that kind of privacy protection. Security researcher Brandon Wiley showed off at Defcon a protocol he calls Dust that can obfuscate different kinds of network traffic, with the end goal of preventing censorship. "I only make products about letting you say what you want to say anywhere in the world," such as content critical of governments, he said. Encryption can hide the specifics of the traffic, but some governments have figured out that they can simply block all encrypted traffic, he said. The Dust protocol would change that, he said, making it hard to tell the difference between encrypted and unencrypted traffic. It's hard to build encryption into pre-existing products, Wiley said. "I think people are going to make easy-to-use, encrypted apps, and that's going to be the future."
  • Companies could face severe consequences from their security experts, said Stamos, if the in-house experts find out that they've been lied to about providing government access to customer data. You could see "lots of resignations and maybe publicly," he said. "It wouldn't hurt their reputations to go out in a blaze of glory." Perhaps not surprisingly, Marlinspike sounded a hopeful call for non-destructive activism on Defcon's 21st anniversary. "As hackers, we don't have a lot of influence on policy. I hope that's something that we can focus our energy on," he said.
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    NSA as the cause of the next major disruption in the social networking service industry?  Grief ahead for Google? Note the point made that: "It's impossible to do a cloud-based ad supported service" where the encryption/decryption takes place on the client side. 
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CIA's Financial Spying Bags Data on Americans - WSJ.com - 0 views

  • The Central Intelligence Agency is building a vast database of international money transfers that includes millions of Americans' financial and personal data, officials familiar with the program say. The program, which collects information from U.S. money-transfer companies including Western Union, is carried out under the same provision of the Patriot Act that enables the National Security Agency to collect nearly all American phone records, the officials said. Like the NSA program, the mass collection of financial...
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Brazil Looks to Break from U.S.-Centric Internet | TIME.com - 0 views

  • Brazil plans to divorce itself from the U.S.-centric Internet over Washington’s widespread online spying, a move that many experts fear will be a potentially dangerous first step toward fracturing a global network built with minimal interference by governments. President Dilma Rousseff ordered a series of measures aimed at greater Brazilian online independence and security following revelations that the U.S. National Security Agency intercepted her communications, hacked into the state-owned Petrobras oil company’s network and spied on Brazilians who entrusted their personal data to U.S. tech companies such as Facebook and Google. The leader is so angered by the espionage that on Tuesday she postponed next month’s scheduled trip to Washington, where she was to be honored with a state dinner. Internet security and policy experts say the Brazilian government’s reaction to information leaked by former NSA contractor Edward Snowden is understandable, but warn it could set the Internet on a course of Balkanization.
  • “The global backlash is only beginning and will get far more severe in coming months,” said Sascha Meinrath, director of the Open Technology Institute at the Washington-based New America Foundation think tank. “This notion of national privacy sovereignty is going to be an increasingly salient issue around the globe.” While Brazil isn’t proposing to bar its citizens from U.S.-based Web services, it wants their data to be stored locally as the nation assumes greater control over Brazilians’ Internet use to protect them from NSA snooping. The danger of mandating that kind of geographic isolation, Meinrath said, is that it could render inoperable popular software applications and services and endanger the Internet’s open, interconnected structure.
  • The effort by Latin America’s biggest economy to digitally isolate itself from U.S. spying not only could be costly and difficult, it could encourage repressive governments to seek greater technical control over the Internet to crush free expression at home, experts say. In December, countries advocating greater “cyber-sovereignty” pushed for such control at an International Telecommunications Union meeting in Dubai, with Western democracies led by the United States and the European Union in opposition.
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  • Rousseff says she intends to push for international rules on privacy and security in hardware and software during the U.N. General Assembly meeting later this month. Among Snowden revelations: the NSA has created backdoors in software and Web-based services. Brazil is now pushing more aggressively than any other nation to end U.S. commercial hegemony on the Internet. More than 80 percent of online search, for example, is controlled by U.S.-based companies. Most of Brazil’s global Internet traffic passes through the United States, so Rousseff’s government plans to lay underwater fiber optic cable directly to Europe and also link to all South American nations to create what it hopes will be a network free of U.S. eavesdropping.
  • More communications integrity protection is expected when Telebras, the state-run telecom company, works with partners to oversee the launch in 2016 of Brazil’s first communications satellite, for military and public Internet traffic. Brazil’s military currently relies on a satellite run by Embratel, which Mexican billionaire Carlos Slim controls. Rousseff is urging Brazil’s Congress to compel Facebook, Google and all companies to store data generated by Brazilians on servers physically located inside Brazil in order to shield it from the NSA. If that happens, and other nations follow suit, Silicon Valley’s bottom line could be hit by lost business and higher operating costs: Brazilians rank No. 3 on Facebook and No. 2 on Twitter and YouTube. An August study by a respected U.S. technology policy nonprofit estimated the fallout from the NSA spying scandal could cost the U.S. cloud computing industry, which stores data remotely to give users easy access from any device, as much as $35 billion by 2016 in lost business.
  • Brazil also plans to build more Internet exchange points, places where vast amounts of data are relayed, in order to route Brazilians’ traffic away from potential interception. And its postal service plans by next year to create an encrypted email service that could serve as an alternative to Gmail and Yahoo!, which according to Snowden-leaked documents are among U.S. tech giants that have collaborated closely with the NSA. “Brazil intends to increase its independent Internet connections with other countries,” Rousseff’s office said in an emailed response to questions from The Associated Press on its plans. It cited a “common understanding” between Brazil and the European Union on data privacy, and said “negotiations are underway in South America for the deployment of land connections between all nations.” It said Brazil plans to boost investment in home-grown technology and buy only software and hardware that meet government data privacy specifications.
  • While the plans’ technical details are pending, experts say they will be costly for Brazil and ultimately can be circumvented. Just as people in China and Iran defeat government censors with tools such as “proxy servers,” so could Brazilians bypass their government’s controls. International spies, not just from the United States, also will adjust, experts said. Laying cable to Europe won’t make Brazil safer, they say. The NSA has reportedly tapped into undersea telecoms cables for decades. Meinrath and others argue that what’s needed instead are strong international laws that hold nations accountable for guaranteeing online privacy.
  • “There’s nothing viable that Brazil can really do to protect its citizenry without changing what the U.S. is doing,” he said. Matthew Green, a Johns Hopkins computer security expert, said Brazil won’t protect itself from intrusion by isolating itself digitally. It will also be discouraging technological innovation, he said, by encouraging the entire nation to use a state-sponsored encrypted email service. “It’s sort of like a Soviet socialism of computing,” he said, adding that the U.S. “free-for-all model works better.”
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    So both Brazil and the European Union are planning to boycott the U.S.-based cloud industry, seizing on the NSA's activities as legal grounds. Under the various GATT series of trade agreements, otherwise forbidden discriminatory actions taken that restrict trade in aid of national security are exempt from redress through the World Trade Organization Dispute Resolution Process. So the NSA voyeurs can add legalizing economic digital discrimination against the U.S. to its score card.
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IPS - U.N. Will Censure Illegal Spying, But Not U.S. | Inter Press Service - 0 views

  • When the 193-member General Assembly adopts a resolution next month censuring the illegal electronic surveillance of governments and world leaders by the U.S. National Security Agency (NSA), the U.N.’s highest policy-making body will spare the United States from public condemnation despite its culpability in widespread wiretapping. A draft resolution currently in limited circulation – a copy of which was obtained by IPS – criticises “the conduct of extra-territorial surveillance” and the “interception of communications in foreign jurisdictions”. But it refuses to single out the NSA or the United States, which stands accused of spying on foreign governments, including political leaders in Germany, France, Brazil, Spain and Mexico, among some 30 others.
  • The draft says that while the gathering and protection of certain sensitive information may be justified on grounds of national security and criminal activity, member states must still ensure full compliance with international human rights. The resolution will also emphasise “that illegal surveillance of private communications and the indiscriminate interception of personal data of citizens constitutes a highly intrusive act that violates the rights to freedom of expression and privacy, and threatens the foundations of a democratic society.” Additionally, it will call for the establishment of independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications. And the resolution will request the U.N. High Commissioner for Human Rights, Navi PIllay, to present an interim report on the issue of human rights and “indiscriminate surveillance, including on extra-territorial surveillance.” This report is to be presented to the 69th session of the General Assembly next September, and a final report to its 70th session in 2015.
  • Chakravarthi Raghavan, a veteran Indian journalist who has been reporting on the U.N. and its activities since the 1960s, both in New York and later in Geneva, told IPS the resolution may help start a process under which the national security interests of every state, international security and right to privacy and human rights of people can be discussed and a balance found in some universal forum. “Otherwise, the U.N. world order will break down, and no one will benefit or emerge unscathed,” he said. Much will depend on the follow-up action that the General Assembly resolution calls for, and with what tenacity members pursue it. “Frankly, I am not at all clear that some of the nations raising the issue now are really serious,” said Raghavan, editor-emeritus of the Geneva-based South-North Development Monitor SUNS. “If they were, any one of them in Europe would have granted asylum to Edward Snowden, and not play footsie with U.S. in its attempts to have him jailed in the U.S. on espionage charges.” The revelations of U.S. spying have come mostly from documents released by Snowden, a former NSA contractor, who sought political asylum in Russia after he was accused of espionage by the United States.
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  • One Third World diplomat, speaking on condition of anonymity, told IPS the draft could undergo changes by the time it reaches the General Assembly mid-November. But he held out little hope the final resolution will specifically castigate the United States because of the political clout it wields at the United Nations, and Washington’s notoriety for exerting diplomatic pressure on its allies and aid recipients. Besides which, he said, everybody plays the spying game, including the French, the Germans, the Chinese and the Russians — and therefore none of them can afford to take a “holier than thou” attitude. Still, as the New York Times put it last week, “One thing is clear: the NSA’s Cold War-era argument, that everyone does it, seems unlikely to win the day.”
  • There has been a longstanding tradition that the “Five Eyes” do not spy on each other, the five being the United States, Britain, Canada, Australia and New Zealand. But the surveillance of European political leaders has triggered a strong rejoinder from the 28-member European Union (EU). Raghavan told IPS that even if other countries are not publicly feuding with the U.S. over this — and perhaps their own security apparatuses are secretly collaborating in this global “surveillance state” — the NSA activities at a minimum raise several systemic issues involving basic violations. These include violations of the U.N. Charter; “unauthorised” and blatantly illegal invasions and/or intrusions into national space; World Trade Organisation (WTO) agreements, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement and the General Agreement on Trade in Services (GATS); the International Telecommunication Union Treaty and Conventions; treaties and protocols of the World Intellectual Property Organisation (WIPO); the Universal Human Rights Declaration and conventions; and the Vienna diplomatic conventions and codes of behaviour among civilised nations. “All these strike at the roots of the very basics of international law and international public law,” he said.
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    So if Raghavan is correct, a new treaty will emerge from the debacle that limits but does not end foreign surveillance. And if so, I predict that it will have no enforcement provisions and absolutely no citizen remedies for rights violated. The farther we go down the NSA rabbit hole, the more convinced I am that it is a stark choice between having spy agencies equipped for digital surveillance and Internet Freedom.  Internet Freedom seems far better equipped to produce world peace through understanding than spy agencies who deliver their "intelligence" to only the favored few. 
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France Broadens Its Surveillance Power - NYTimes.com - 0 views

  • For all their indignation last summer, when the scope of the United States’ mass data collection began to be made public, the French are hardly innocents in the realm of electronic surveillance. Within days of the reports about the National Security Agency’s activities, it was revealed that French intelligence services operated a similar system, with similarly minimal oversight.
  • And last week, with little public debate, the legislature approved a law that critics feared would markedly expand electronic surveillance of French residents and businesses. The provision, quietly passed as part of a routine military spending bill, defines the conditions under which intelligence agencies may gain access to or record telephone conversations, emails, Internet activity, personal location data and other electronic communications.
  • The law provides for no judicial oversight and allows electronic surveillance for a broad range of purposes, including “national security,” the protection of France’s “scientific and economic potential” and prevention of “terrorism” or “criminality.” In an unusual alliance, Internet and corporate groups, human rights organizations and a small number of lawmakers have opposed the law as a threat to business or an encroachment on individual rights. The government argues that the law, which does not take effect until 2015, does little to expand intelligence powers. Rather, officials say, those powers have been in place for years, and the law creates rules where there had been none, notably with regard to real-time location tracking.
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  • While conceding that the new law “does effectively expand the existing regime to adapt it to the missions and reality of our intelligence services,” Defense Minister Jean-Yves Le Drian told the Senate that “it especially reinforces oversight as compared with the current situation.” In effect, analysts say, the government has either staked out rights to a vast new range of surveillance practices, or acknowledged that it has already been collecting far more data, under far less regulated circumstances, than people realized. Neither prospect is terribly comforting to the law’s opponents.
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    I've got a different take on this: the NSA's advocates just got handed a giant "see, we're not as bad as other nations" plum. The question in my mind is whether there was a quid pro quo given by the NSA advocates for France's action. 
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NSA program stopped no terror attacks, says White House panel member - Investigations - 0 views

  • A member of the White House review panel on NSA surveillance said he was “absolutely” surprised when he discovered the agency’s lack of evidence that the bulk collection of telephone call records had thwarted any terrorist attacks.
  • “It was, ‘Huh, hello? What are we doing here?’” said Geoffrey Stone, a University of Chicago law professor, in an interview with NBC News. “The results were very thin.”While Stone said the mass collection of telephone call records was a “logical program” from the NSA’s perspective, one question the White House panel was seeking to answer was whether it had actually stopped “any [terror attacks] that might have been really big.” Advertise | AdChoices “We found none,” said Stone. Under the NSA program, first revealed by ex-contractor Edward Snowden, the agency collects in bulk the records of the time and duration of phone calls made by persons inside the United States.Stone was one of five members of the White House review panel – and the only one without any intelligence community experience – that this week produced a sweeping report recommending that the NSA’s collection of phone call records be terminated to protect Americans’ privacy rights.The panel made that recommendation after concluding that the program was “not essential in preventing attacks.”“That was stunning. That was the ballgame,” said one congressional intelligence official, who asked not to be publicly identified. “It flies in the face of everything that they have tossed at us.”
  • The conclusions of the panel’s reports were at direct odds with public statements by President Barack Obama and U.S. intelligence officials. “Lives have been saved,” Obama told reporters last June, referring to the bulk collection program and another program that intercepts communications overseas. “We know of at least 50 threats that have been averted because of this information.”
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  • But in one little-noticed footnote in its report, the White House panel said the telephone records collection program – known as Section 215, based on the provision of the U.S. Patriot Act that provided the legal basis for it – had made “only a modest contribution to the nation’s security.” The report said that “there has been no instance in which NSA could say with confidence that the outcome [of a terror investigation] would have been any different” without the program. Advertise | AdChoices The panel’s findings echoed that of U.S. Judge Richard Leon, who in a ruling this week found the bulk collection program to be unconstitutional. Leon said that government officials were unable to cite “a single instance in which analysis of the NSA’s bulk collection metadata collection actually stopped an imminent attack, or otherwise aided the Government in achieving any objective that was time-sensitive in nature.” 
  • Stone declined to comment on the accuracy of public statements by U.S. intelligence officials about the telephone collection program, but said that when they referred to successes they seemed to be mixing the results of domestic metadata collection with the intelligence derived from the separate, and less controversial, NSA program, known as 702, to intercept communications overseas.The comparison between 702 overseas interceptions and 215 bulk metadata collection was “night and day,” said Stone. “With 702, the record is very impressive. It’s no doubt the nation is safer and spared potential attacks because of 702. There was nothing like that for 215. We asked the question and they [the NSA] gave us the data. They were very straight about it.”He also said one reason the telephone records program is not effective is because, contrary to the claims of critics, it actually does not collect a record of every American’s phone call. Although the NSA does collect metadata from major telecommunications carriers such as Verizon and AT&T, there are many smaller carriers from which it collects nothing. Asked if the NSA was collecting the records of 75 percent of phone calls, an estimate that has been used in briefings to Congress , Stone said the real number was classified but “not anything close to that” and far lower.
  • When panel members asked NSA officials why they didn’t expand the program to include smaller carriers, the answer they gave was “money,” Stone said. “They were setting financial priorities,” said Stone, and that was “really revealing” about how useful the bulk collection of telephone calls really was.An NSA spokeswoman declined to comment on any aspect of the panel’s report, saying the agency was deferring to the White House. Asked Wednesday about the surveillance panel’s conclusions about telephone record collection, White House press secretary Jay Carney said that “the president does still believe and knows that this program is an important piece of the overall efforts that we engage in to combat threats against the lives of American citizens and threats to our overall national security.”
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    Obama still believes "this program is an important piece of the overall efforts?" Whew! 
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NSA chief Gen. Keith Alexander to retire in March, agency tells UPI - UPI.com - 0 views

  • (UPI) -- U.S. National Security Agency chief Gen. Keith Alexander, who has steadfastly defended NSA mass surveillance, plans to retire in five months, the agency said.Alexander, who will be 62 then, is expected to leave the main producer and manager of U.S. signals intelligence in March, NSA spokeswoman Vanee Vines said Wednesday in a statement to United Press International.Alexander, appointed to the NSA spot in 2005 by George W. Bush administration Defense Secretary Donald Rumsfeld, "served well beyond a normal rotation, having been 'extended' three times," Vines told UPI.
  • The four-star general is a career Army intelligence officer who is also chief of the Defense Department's Central Security Service and commander of the military's Cyber Command.After the disclosures by former NSA contractor Edward Snowden of mass NSA surveillance of U.S. citizens and foreign nationals, Alexander became the public face of Washington's secret collection of personal communications records in the name of national security.He has consistently defended the controversial practice, saying it has helped prevent dozens of "potential terrorist events" since the Sept. 11, 2001, attacks.Alexander's departure "has nothing to do with media leaks," Vines' statement to UPI said.
  • "The decision for his retirement was made prior" to the leaks, in an agreement made with Defense Secretary Chuck Hagel in March, she said.Snowden started leaking information to the press in May, with the first reports published in June."The process for selecting his successor is ongoing," Vines told UPI.
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  • Alexander's departure and potential successor are widely expected to prompt congressional debate over whether the huge NSA infrastructure built during Alexander's tenure will remain or be restricted.Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., has drafted legislation to eliminate the NSA's ability to systematically obtain Americans' calling records.Rep. Jim Sensenbrenner, R-Wis., co-author of the Patriot Act, whose secret interpretation is used to justify the mass metadata collection, is drafting a bill to cut back on domestic surveillance programs.
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    So the Obama Administration is looking for a new professional liar to head the NSA. 
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U.S. rejects claim that Turkey planned Syria atrocity Anadolu Agency - 0 views

  • The White House and State Department have refuted a media report that Turkey planned a deadly chemical attack in the suburbs of Damascus that nearly brought the U.S. into open conflict with Syria, in a statement issued to Anadolu Agency.
  • The White House and State Department have refuted a media report that Turkey planned a deadly chemical attack in the suburbs of Damascus that nearly brought the U.S. into open conflict with Syria, in a statement issued to Anadolu Agency. Seymour Hersh, a freelance journalist, published an article in the London Review of Books (LRB) in which he claimed that Ankara had supplied the al Nusra Front with chemical weapons that they used to carry out the August 2013 attack. The Washington Post and the New Yorker declined the story prior to its publication in the LRB. “The Assad regime, and only the Assad regime, could have been responsible for the chemical weapons attack that took place on August 21,” said Shawn Turner and Caitlyn Hayden in a statement initially issued to fact checkers working on the report and later sent to AA. “The suggestion that there was an effort to suppress or alter intelligence is simply false.” State Department Spokesperson, Jen Psaki, in her daily press briefing said there is no doubt that the chemical attack was carried out by the Syrian regime.
  • The White House and State Department have refuted a media report that Turkey planned a deadly chemical attack in the suburbs of Damascus that nearly brought the U.S. into open conflict with Syria, in a statement issued to Anadolu Agency.
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  • Psaki said, "In light of our reports and intelligence we had recieved, we believe beyond any doubt that the attack on 21 August had been carried out by the Syrian regime and we are still behind the same view shared by the international community." Hersh cited unidentified American officials and a classified intelligence analysis on the opposition's chemical weapons capabilities to back up his claim. “No such paper was ever requested or produced by Intelligence Community analysts,” said Turner and Hayden.     Hersh wrote that U.S. President Barack Obama had established September 2, 2013 as a fixed deadline for the U.S. military to undertake action in Syria following the chemical attack. Turner and Hayden rejected the claim as “completely fabricated”.  The journalist also wrote that the Obama administration had channeled weapons from Libya to the Syrian opposition through southern Turkey, a claim described by Turner and Hayden as “false”.
  • Turkey also reacted to the claim when Turkey's Deputy Prime Minister Bulent Arinc was asked a question about Hersh's claim that Turkey had provided Sarin gas to the people who had conducted chemical attack in Ghouta region. He said "A note sent by the Turkish Foreign Ministry in this regard says that it is absolutely not true. The White House official has also qualified these claims as definitely false and speculative in response to a question regarding the matter." Arinc said, "The claims based on anonymous sources have been conclusively rejected by the White House officials and it has been reconfirmed that the Assad regime is solely responsible for the chemical attack." Noting that they are well aware of previous articles written by Hersh, Arinc said, "Everyone knows very well that the individual's views and claims heard from some unnamed persons are certainly not any verified information and knowledge. In fact, the U.S. officials have quite fairly explained the matter and strictly rejected the claim."
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    Seymour M. Hersh is among the most highly regarded journalists in the world. Mainstream media used to compete for the rights to publish his articles. But apparently he's been digging a little to deeply in the belly of the beast lately. See his latest article that the White House is denying. http://www.lrb.co.uk/2014/04/06/seymour-m-hersh/the-red-line-and-the-rat-line
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BBC News - Google and Facebook can be legally intercepted, says UK spy boss - 0 views

  • UK intelligence service GCHQ can legally snoop on British use of Google, Facebook and web-based email without specific warrants because the firms are based abroad, the government has said. Classed as "external communications", such activity can be covered by a broad warrant and intercepted without extra clearance, spy boss Charles Farr said. The policy was revealed as part of a legal battle with campaign group Privacy International (PI). PI labelled the policy "patronising".
  • Charles Farr, director general of the Office for Security and Counter-Terrorism, told PI that Facebook, Twitter, YouTube and web searches on Google - as well as webmail services such as Hotmail and Yahoo - were classified as "external communications", which meant they could be intercepted without the need for additional legal clearance. Internal communications between citizens can only be intercepted when a targeted warrant is issued. Warrants must be signed by a minister and can only be issued when there is suspicion of illegal activity. But when someone searches for something on Google or posts on Facebook they are sending information overseas - constituting an act of external communication that could be collected under a broader warrant which does not need to be signed by a minister, explained Mr Farr in a 48-page written statement.
  • However, he said data collected in this way "cannot be read, looked at or listened to" except in strictly limited circumstances. Mr Farr said there was a "significant distinction" between intercepting material and a person actually reading, looking at or listening it.
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    Well, that should ratchet up the controversy scale in the UK a bit. :-) 
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The Top 5 Claims That Defenders of the NSA Have to Stop Making to Remain Credible | Ele... - 0 views

  • Over the past year, as the Snowden revelations have rolled out, the government and its apologists have developed a set of talking points about mass spying that the public has now heard over and over again. From the President, to Hilary Clinton to Rep. Mike Rogers, Sen. Dianne Feinstein and many others, the arguments are often eerily similar. But as we approach the one year anniversary, it’s time to call out the key claims that have been thoroughly debunked and insist that the NSA apologists retire them.  So if you hear any one of these in the future, you can tell yourself straight up: “this person isn’t credible,” and look elsewhere for current information about the NSA spying. And if these are still in your talking points (you know who you are) it’s time to retire them if you want to remain credible. And next time, the talking points should stand the test of time.
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Is Open-Ended Chaos the Desired US-Israeli Aim in the Middle East? » CounterP... - 0 views

  • During the last week we have seen Sunni militias take control of ever-greater swathes of eastern Syria and western Iraq. In the mainstream media, the analysis of this emerging reality has been predictably idiotic, basically centering on whether: a) Obama is to blame for this for having removed US troops in compliance with the 2008 Status of Forces Agreement (SOFA) negotiated and signed by Bush. b) Obama is “man enough” to putatively resolve the problem by going back into the country and killing more people and destroying whatever remains of the country’s infrastructure. This cynically manufactured discussion has generated a number of intelligent rejoinders on the margins of the mainstream media system. These essays, written by people such as Juan Cole, Robert Parry, Robert Fisk and Gary Leupp, do a fine job of explaining the US decisions that led to the present crisis, while simultaneously reminding us how everything occurring  today was readily foreseeable as far back as 2002.
  • What none of them do, however, is consider whether the chaos now enveloping the region might, in fact, be the desired aim of policy planners in Washington and Tel Aviv. Rather, each of these analysts presumes that the events unfolding in Syria and Iraq are undesired outcomes engendered by short-sighted decision-making at the highest levels of the US government over the last 12 years. Looking at the Bush and Obama foreign policy teams—no doubt the most shallow and intellectually lazy members of that guild to occupy White House in the years since World War II—it is easy to see how they might arrive at this conclusion. But perhaps an even more compelling reason for adopting this analytical posture is that it allows these men of clear progressive tendencies to maintain one of the more hallowed, if oft-unstated, beliefs of the Anglo-Saxon world view.
  • What is that? It is the idea that our engagements with the world outside our borders—unlike those of, say, the Russians and the Chinese—are motivated by a strongly felt, albeit often corrupted, desire to better the lives of those whose countries we invade. While this belief seems logical, if not downright self-evident within our own cultural system, it is frankly laughable to many, if not most, of the billions who have grown up outside of our moralizing echo chamber. What do they know that most of us do not know, or perhaps more accurately, do not care to admit?
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  • First, that we are an empire, and that all empires are, without exception, brutally and programmatically self-seeking. Second, that one of the prime goals of every empire is to foment ongoing internecine conflict in the territories whose resources and/or strategic outposts they covet. Third, that the most efficient way of sparking such open-ended internecine conflict is to brutally smash the target country’s social matrix and physical infrastructure. Fourth, that ongoing unrest has the additional perk of justifying the maintenance and expansion of the military machine that feeds the financial and political fortunes of the metropolitan elite. In short, what of the most of the world understands (and what even the most “prestigious” Anglo-Saxon analysts cannot seem to admit) is that divide and rule is about as close as it gets to a universal recourse the imperial game and that it is, therefore, as important to bear it in mind today as it was in the times of Alexander the Great, Julius Caesar, the Spanish Conquistadors and the British Raj.
  • To those—and I suspect there are still many out there—for whom all this seems too neat or too conspiratorial, I would suggest a careful side-by side reading of: a) the “Clean Break” manifesto generated by the Jerusalem-based Institute for Advanced Strategic and Political Studies (IASPS) in 1996 and b) the “Rebuilding America’s Defenses” paper generated by The Project for a New American Century (PNAC) in 2000, a US group with deep personal and institutional links to the aforementioned Israeli think tank, and with the ascension of  George Bush Junior to the White House, to the most exclusive  sanctums of the US foreign policy apparatus.
  • To read the cold-blooded imperial reasoning in both of these documents—which speak, in the first case, quite openly of the need to destabilize the region so as to reshape Israel’s “strategic environment” and, in the second of the need to dramatically increase the number of US “forward bases” in the region—as I did twelve years ago, and to recognize its unmistakable relationship to the underlying aims of the wars then being started by the US in Afghanistan and Iraq, was a deeply disturbing experience. To do so now, after the US’s systematic destruction of Iraq and Libya—two notably oil-rich countries whose delicate ethnic and religious balances were well known to anyone in or out of government with more than passing interest in history—, and after the its carefully calibrated efforts to generate and maintain murderous and civilization-destroying stalemates in Syria and Egypt (something that is easily substantiated despite our media’s deafening silence on the subject), is downright blood-curdling.
  • And yet, it seems that for even very well-informed analysts, it is beyond the pale to raise the possibility that foreign policy elites in the US and Israel, like all virtually all the ambitious hegemons before them on the world stage, might have quite coldly and consciously fomented open-ended chaos in order to achieve their overlapping strategic objectives in this part of the world.
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    This is the most succinct distillation of U.S. (and Israeli) foreign policy in the Mideast and Northern Africa ("MENA") areas that I have read to date. And it's absolutely spot on. The only major portion omitted is the Israeli ambition to expand its territory drastically to encompass from the Nile River in Egypt to the Jordan River in Southwest Asia and eastward throughout the Arabian Peninsula, whilst becoming the empirical economic and military center of MENA.  
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Ray McGovern Triumphs over State Department | The Dissenter - 0 views

  • If you don’t know Ray McGovern yet, you probably should. You see, Ray just beat down, in court, Hillary Clinton, the State Department, and a small part of Post-Constitutional America.
  • Ray McGovern was put on the State Department’s Diplomatic Security BOLO list– Be On the Look Out– one of a series of proliferating government watch lists. What McGovern did to end up on Diplomatic Security’s dangerous persons list and how he got off the list are a tale of our era, Post-Constitutional America.
  • Ray’s offense was to turn his back on Hillary Clinton, literally. In 2011, at George Washington University during a public event where Clinton was speaking, McGovern stood up and turned his back to the stage. He did not say a word, or otherwise disrupt anything. University cops grabbed McGovern in a headlock and by his arms and dragged him out of the auditorium by force, their actions directed from the side by a man whose name is redacted from public records. Photos of the then-71 year old McGovern taken at the time of his arrest show the multiple bruises and contusions he suffered while being arrested. He was secured to a metal chair with two sets of handcuffs. McGovern was at first refused medical care for the bleeding caused by the handcuffs. It is easy to invoke the words thug, bully, goon. The charges of disorderly conduct were dropped, McGovern was released and it was determined that he committed no crime. But because he had spoken back to power, State’s Diplomatic Security printed up an actual wanted poster citing McGovern’s “considerable amount of political activism” and “significant notoriety in the national media.” Diplomatic Security warned agents should USE CAUTION (their emphasis) when stopping McGovern and conducting the required “field interview.” The poster itself was classified as Sensitive but Unclassified (SBU), one of the multitude of pseudo-secret categories created following 9/11.
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  • Subjects of BOLO alerts are considered potential threats to the Secretary of State. Their whereabouts are typically tracked to see if they will be in proximity of the Secretary. If Diplomatic Security sees one of the subjects nearby, they detain and question them. Other government agencies and local police are always notified. The alert is a standing directive that the subject be stopped and seized in the absence of reasonable suspicion or probable cause that he is committing an offense. Stop him for being him. These directives slash across the Fourth Amendment’s prohibitions against unwarranted search and seizure, as well as the First Amendment’s right to free speech, as the stops typically occur around protests.
  • Ray McGovern is not the kind of guy to be stopped and frisked based on State Department retaliation for exercising his First Amendment rights in Post-Constitution America. He sued, and won. The Partnership for Civil Justice Fund took up the case pro bono on Ray’s behalf, suing the State Department. They first had to file a Freedom of Information Act demand to even get ahold of the internal State Department justifications for the BOLO, learning that despite all charges having been dropped against McGovern and despite having determined that he engaged in no criminal activity, the Department of State went on to open an investigation into McGovern, including his political beliefs, activities, statements and associations. The investigative report noted “McGovern does seem to have the capacity to capture a national audience – it is possible his former career with the CIA has the potential to make him ‘attractive’ to the media.” It also cited McGovern’s “political activism, primarily anti-war.” The investigation ran nearly seven months, and resulted in the BOLO.
  • With the documents that so clearly crossed the First Amendment now in hand, the Partnership for Civil Justice Fund went to court. They sought, and won, an injunction against the State Department to stop the Be On the Look-Out alert against McGovern, and to force State to pro-actively advise other law enforcement agencies that it no longer stands. McGovern’s constitutional rights lawsuit against George Washington University, where his arrest during the Clinton speech took place, and the officers who assaulted and arrested him, is ongoing.
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MH17: World See Tragedy, US Sees "Game Changer" | New Eastern Outlook - 0 views

  • Power asserted that the most likely culprits behind the downing of MH17 were eastern Ukrainian separatists. Because of the high altitude MH17 was travelling at – approximately 33,000 feet – Power conceded that the weapons separatists have been using to down Ukrainian military aircraft would have been inadequate to down MH17. After claiming separatists had “bragged” about downing the airliner based on information from “social media,” she explained that Russia most likely assisted the separatists in operating the sophisticated anti-air missile systems required to reach MH17′s altitude. Power gives no explanation as to why after multiple successful downings of Ukrainian military aircraft with man-portable air defense systems (MANPADS), Russia and the separatists decided to employ larger, more complex weapon systems that would link any incident directly back to Moscow. Power also failed to explain how in one breath she suggests the separatists shot down MH17, then in the next claimed they did not have the ability to do so, and that Russia instead “assisted.”
  • Power appears to be suggesting Russia rolled self-propelled anti-air missile systems into Ukrainian territory and assisted separatists in firing at MH17 specifically – since all other incidents of separatists shooting down aircraft involved man-portable systems incapable of hitting MH17.
  • Strategically, politically, and even tactically, Russia and the separatists gained nothing by employing the larger Buk systems within Ukrainian territory as Power is suggesting. Where the World Sees Tragedy, NATO Sees a “Game Changing” Opportunity  Power’s comments and conclusions were echoes from the halls of the West’s corporate-financier funded policy think-tanks. The Royal United Services Institute (RUSI) in a statement titled, “The Downing of Malaysian Airlines Flight MH17: Russia in the Dock,” provides a self-incriminating indictment as to the motives Kiev and its NATO backers had in carrying out the attack on MH17 and subsequently framing Russia for it. RUSI’s statement claims: A Game Change: Within days, however, the real debate will shift from one about producing the right evidence and culprits, to more about what can be saved from the rapidly-deteriorating relations between Russia and the West.
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  • The tragedy will stain Russia’s relations with the world for years to come. Nations determined to keep on good terms with Russia – such as China or Vietnam which relies on Russian weapon supplies and wishes these to continue – will keep quiet. And there will always be some plausible deniability, giving other countries enough room for manoeuvre to avoid accusing Russia directly for this disaster. But the culprits for the crime will be pursued by international investigators and tribunals. And many Russian officials will be added to the ‘wanted’ lists of police forces around the world. The story will linger, and won’t be pretty for Russian diplomats. Given the fact that the majority of the victims are European citizens, it is also getting increasingly difficult to see how France would be able to deliver the Mistral ships which Russia ordered for its navy, or how Britain could continue shielding Russia from financial sanctions. And, given the fact that scores of US citizens were also killed on the MH17 flight means that the US Congress will demand greater sanctions on Russia, making any improvement in relations with Washington highly unlikely.
  • USI explains in great detail the possible motivation Kiev and NATO had to shoot down MH17 and subsequently frame Russia. An international flight, with passengers from across the globe would invoke unifying outrage against Russia as well as universal support for NATO’s so far unsuccessful attempts to isolate Moscow. RUSI itself admits that individual members of the EU have until now, been reluctant to back sanctions and further confrontation with Moscow.
  • NATO needed a “game changer,” because it was playing a game it was clearly losing. The dubious circumstances surrounding the downing of MH17 – occurring just as Kiev’s forces were deteriorating across the country and additional US sanctions against Russia fell flat –  is more than a mere coincidence. RUSI and the Atlantic Council’s statement represent an increasingly desperate and shrinking corner the West finds itself in. With the ascension of Russia along with other BRICS nations, a “game changer” was desperately needed to “stain Russia’s relations with the world for years to come,” and help arrest what appeared to be the irreversible rise of the global East and South, in tandem with the irreversible decline of the West. If the West was so sure of who was responsible for the downing of MH17, it would patiently allow the facts to reveal themselves, giving them unassailable credibility as they begin an effective campaign to contain, isolate, and dismantle Russia’s global influence. However, just like in Damascus, Syria in August 2013 when NATO gassed thousands of Syrians in what is now confirmed to be a false flag attack, the West is racing against the clock to do maximum damage before the truth of MH17 emerges.
  • The very expediency the West pursues its smear campaign against Russia with raises suspicion. The world has been at critical junctures like this before, with Western politicians and media personalities making well-scripted, passionate pleas – but based on little to no “evidence.” Weathering the psychological inertia the West is seeking to stampede its political assault on Russia through with, will cause the West’s attempts to reverse its fortunes in Ukraine to fail. Failing in Ukraine will weaken the West’s position in Syria and Iraq, further undermine its “pivot” in Asia, and diminish its ability to visit upon humanity yet another horrific staged event it may finally realize will only further compromise its place among a new emerging, multipolar global order – not help it restore its antiquated “unipolar” empire.
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Another "Terror" Arrest; Another Mentally Ill Man, Armed by the FBI - 0 views

  • U.S. law enforcement officials announced another terror arrest on Monday, after arming a mentally ill man and then charging him with having guns. ABC News quoted a “senior federal official briefed on the arrest” as saying: “This is a very bad person arrested before he could do very bad things.” But in a sting reminiscent of so many others conducted by the FBI since 9/11, Alexander Ciccolo, 23, “aka Ali Al Amriki,” was apparently a mentally ill man who was doing nothing more than ranting about violent jihad and talking (admittedly in frightening ways) about launching attacks—until he met an FBI informant. At that point, he started making shopping lists for weapons. The big twist in this story: Local media in Massachusetts are saying Ciccolo was turned in by his father, a Boston Police captain. The FBI affidavit says the investigation was launched after a “close acquaintance … stated that Ciccolo had a long history of mental illness and in the last 18 months had become obsessed with Islam.”
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Losing public opinion on BDS, activists turn to 'lawfare' - 0 views

  •      Champions of proposed Senate Bill SB1761, which passed both houses of the Illinois General Assembly May 18th, say it’s designed to fight anti-Semitic activism and protects Israel from the existential threat posed by the Boycott, Divestment, & Sanctions movement (BDS). Opponents of the bill say it places the economic welfare of Israel before U.S. interests, tacitly endorses the full annexation of the West Bank into Israel, and violates our country’s First Amendment rights. The bill’s opponents are right. But a potential threat of this legislation, edging closer to the criminalization of advocating for Palestinian rights and against occupation, threatens our core First Amendment rights and has been relatively absent from the discourse surrounding this bill.
  • And that’s not just here in the United States. Israeli lawmakers sought to criminalize public support of boycotts against Israel back in 2010 through their “Law for Prevention of Damage to the State of Israel through Boycott.” When I spoke with a staffer for Illinois State Rep. Sara Feigenholtz, one of the bill’s primary sponsors, inquiring if SB1761 was modeled after the 1977 amendments to the Export Administration Act (regarding the Arab League boycott of Israel), I was informed “These ‘antiboycott’ laws are the 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA). I hope this helps.…SB1761 falls in line with these federal laws”
  • Referencing EAA is another indication of the move toward weakening our First Amendment rights, as that amendment was meant to criminalize people who adhered to the Arab League’s boycott of Israel. Melissa Redmiles writes of the 70’s legislation in International Boycott Reports, 2003 and 2004 (pdf), from the IRS.gov website: “Those U.S persons who agree to participate in such boycotts are subject to criminal and civil penalties.” SB1761 seems to be the latest manifestation of a trend toward enacting a kind of trickle-down suppression. From the Center For Constitutional Rights website for Palestine Solidarity Legal Support: “These bills must be opposed in order to protect the right to engage in boycotts that reflect collective action to address a human rights issue, which the US Supreme Court has declared is protected speech… These bills would make it state policy to discourage support of human rights boycotts against Israel… and have the potential to stifle expressions of political beliefs…”
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  • SB1761 requires all five public retirement benefits systems of the Illinois Pension Code to divest “all direct holdings” from any company which engages in boycotting Israel. This is designed to financially punish companies which participate in BDS; presumably European companies. But it will also burden an already severely crippled,“worst in nation”, Illinois pension system. Illinois Governor Bruce Rauner was quoted by Jewish United Fund News (JUF) earlier this month as saying, “I made a pledge that Illinois would become the first state in America to divest its public pension funds from any company in the world that boycotts Israel.” Rauner includes U.S. companies in his threat of divestment when he says “any company in the world.”
  • Relatedly from SB1761 itself: “It is not the intent [of this bill]… to cause divestiture from any company based in the United States of America.” Not intended? This soft language clearly leaves the door open to require Illinois public retirement systems’ divestiture from U.S. companies that participate in BDS. So, while politicians endorsing this bill can point to this statement of “intent” as some kind of safeguard for American companies, this same sentence simultaneously functions as a veiled threat to those companies.
  • SB1761 characterizes the motivations of the BDS movement as “intending to penalize… Israel.” Similarly, JUF News this month quoted JUF President Steven B. Nasatir saying, “At the core of the BDS movement is a quest to delegitimize Israel as a Jewish state.” That’s like stating that the intent of the Civil Rights Montgomery bus boycott was to “penalize white people.
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    As though ACLU didn't already have enough lawsuits going. But this takes the cake. Although anti-BDS legislation has been introduced several times in Congress but never got off the ground because of the First Amendment barrier. Similar measures pending in Europe too.  The good news here is that Israel's right-wing government is getting desperate. The BDS movement is mushrooming globally and routinely is achieving success in convincing companies (and recording artists, etc.) to pull out of Israel. More so in Europe, but BDS is off to a great start in the U.S. Kerry warned Netanyahu before the latter blew up the last round of negotations with the Palestinians that BDS would soon make it politically impossible for the U.S. to continue providing cover for Israel on the U.N. Security Council. There's a big shift of public opinion in the U.S. about Israel's abuse of Palestinians well under way. It won't be long before introducing Israel Lobby measures in Congress will stop happening. 
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Apple, Facebook and Google call for 'substantial' reform of NSA surveillance | Technolo... - 0 views

  • Tech giants including Apple, Facebook and Google called for substantial reforms to the US government's surveillance programmes Thursday in a letter to the Senate judiciary committee.In the wake of more revelations about the lengths to which the National Security Agency has gone to intercept data, the companies have called for more transparency and "substantial enhancements to privacy protections and appropriate oversight and accountability mechanisms for those programs."The letter, also signed by AOL, Microsoft and Yahoo, follows the release of more documents obtained by former NSA contractor Edward Snowden that reveal the US authorities were secretly tapping in to the tech firm's main communications links.The letter "applauds" the USA Freedom Act, a bill sponsored by Democrat senator Patrick Leahy and Republican congressman James Sensenbrenner that would end the bulk collection of data from millions of Americans and set up a privacy advocate to monitor the Fisa court, which oversees the NSA's US activities.
  • In a recent report the Information Technology and Innovation Foundation (ITIF) said the US tech firms could end up losing out on tens of billions of dollars in the cloud-based computing space in the wake of Snowden's revelations. Cloud computing is a rapidly growing area and revelations that the US authorities have been scooping up the personal data of millions of users, particularly outside the US, could cost them business."On the low end, US cloud computing providers might lose $21.5bn over the next three years," ITIF concluded. On the high end the report put the figure at $35bn.
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Clinton probe tests FBI chief | TheHill - 0 views

  • FBI Director James Comey is being thrust into the spotlight as the controversy surrounding Hillary Clinton’s personal email server intensifies.The FBI is investigating the security of the former secretary of State's email setup, including if classified information was mishandled. The probe is putting the nation’s top law enforcement agency at the center of a political battle leading into the 2016 election.ADVERTISEMENTComey has long shown an independent streak that's gained him wide bipartisan praise and helped him sail to a 93-1 confirmation vote in the Senate. That independence will be tested with Republican lawmakers demanding answers and Clinton's presidential campaign team being dismissive of a controversy it sees as politically drummed up.
  • The campaign has denied any wrongdoing and dismissed claims that Clinton received classified material on a private server as “misinformation” and “nonsense.”
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State Dept. turns up thousands of emails from top Clinton aide | TheHill - 0 views

  • State Department officials have uncovered thousands of emails between Philippe Reines, a top Hillary Clinton aide, and members of the media, they previously said did not exist.In a court filing last Thursday, the State Department estimated that a recent search turned up more than 81,000 emails from Reines’s official account while at the State Department. And 17,855 potentially fall within a Freedom of Information Act (FOIA) lawsuit filed by Gawker earlier this year.ADVERTISEMENTThat is a reversal from 2013, when the State Department said a thorough search turned up no responsive records for Gawker’s request. In 2012, Gawker requested all emails between Reines and reporters from 34 media outlets.The State Department did not explain the reversal in the court document, nor did it return a request for comment.It will begin releasing a tranche of Reines's emails by the end of September.
  • fter it was revealed earlier this year that Clinton, and potentially some of her aides, used personal email accounts for official business, Gawker sued the State Department over its initial request for communications between Reines and reporters.Gawker asserted the search must not have been exhaustive if it turned up no emails between the press and a State Department spokesman, who regularly communicated with the media.In March, Reines said reporters would have to ask the State Department about the apparent discrepancy.In last week’s court filing, the State Department estimated it would begin releasing some of those emails that do not fall within an exemption on Sept. 30. It will release more every 30 days as they are reviewed.The agency said it does not know how many of the 17,855 are exempt from disclosure and will have to be redacted or handed over to other agencies for redaction
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Clinton Ex-Aide Likely to Invoke 5th Amendment Over Questions on Email Server - First D... - 0 views

  • A former aide to Hillary Rodham Clinton who helped set up the server that housed Mrs. Clinton’s private email account plans to invoke his Fifth Amendment right in response to congressional questions about the email practices, according to two people who have been briefed on the matter. The former aide, Bryan Pagliano, was subpoenaed to testify before a House committee, but a lawyer for Mr. Pagliano has told the panel that his client will assert his right to remain silent and decline to answer their questions. The subpoena was issued by the House committee investigating the 2012 attacks in Benghazi, Libya. As part of its inquiry, the panel is examining Mrs. Clinton’s use of a private email account while she was secretary of state, which shielded her correspondences from congressional inquiries. Mr. Pagliano was the information technology director for Mrs. Clinton’s 2008 presidential campaign and then worked at the State Department as an adviser and special projects manager for its chief technology officer, according to his LinkedIn page. He left the State Department in February 2013, the same month Mrs. Clinton stepped down as secretary of state.
  • Clinton campaign aide said that Mr. Pagliano’s decision was “both understandable and disappointing to us, because we believe he has every reason to be transparent about his I.T. assistance.” “We had hoped Bryan would also agree to answer any questions from the committee and had recently encouraged him to grant the committee’s request for an interview,” the aide said.
  • Even if Mr. Pagliano does not back down, the panel will probably still call him to testify and force him to invoke the Fifth Amendment in person.
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The Fundamentals of US Surveillance: What Edward Snowden Never Told Us? | Global Resear... - 0 views

  • Former US intelligence contractor Edward Snowden’s revelations rocked the world.  According to his detailed reports, the US had launched massive spying programs and was scrutinizing the communications of American citizens in a manner which could only be described as extreme and intense. The US’s reaction was swift and to the point. “”Nobody is listening to your telephone calls,” President Obama said when asked about the NSA. As quoted in The Guardian,  Obama went on to say that surveillance programs were “fully overseen not just by Congress but by the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them”. However, it appears that Snowden may have missed a pivotal part of the US surveillance program. And in stating that the “nobody” is not listening to our calls, President Obama may have been fudging quite a bit.
  • In fact, Great Britain maintains a “listening post” at NSA HQ. The laws restricting live wiretaps do not apply to foreign countries  and thus this listening post  is not subject to  US law.  In other words, the restrictions upon wiretaps, etc. do not apply to the British listening post.  So when Great Britain hands over the recordings to the NSA, technically speaking, a law is not being broken and technically speaking, the US is not eavesdropping on our each and every call. It is Great Britain which is doing the eavesdropping and turning over these records to US intelligence. According to John Loftus, formerly an attorney with  the Department of Justice and author of a number of books concerning US intelligence activities, back in the late seventies  the USDOJ issued a memorandum proposing an amendment to FISA. Loftus, who recalls seeing  the memo, stated in conversation this week that the DOJ proposed inserting the words “by the NSA” into the FISA law  so the scope of the law would only restrict surveillance by the NSA, not by the British.  Any subsequent sharing of the data culled through the listening posts was strictly outside the arena of FISA. Obama was less than forthcoming when he insisted that “What I can say unequivocally is that if you are a US person, the NSA cannot listen to your telephone calls, and the NSA cannot target your emails … and have not.”
  • According to Loftus, the NSA is indeed listening as Great Britain is turning over the surveillance records en masse to that agency. Loftus states that the arrangement is reciprocal, with the US maintaining a parallel listening post in Great Britain. In an interview this past week, Loftus told this reporter that  he believes that Snowden simply did not know about the arrangement between Britain and the US. As a contractor, said Loftus, Snowden would not have had access to this information and thus his detailed reports on the extent of US spying, including such programs as XKeyscore, which analyzes internet data based on global demographics, and PRISM, under which the telecommunications companies, such as Google, Facebook, et al, are mandated to collect our communications, missed the critical issue of the FISA loophole.
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  • U.S. government officials have defended the program by asserting it cannot be used on domestic targets without a warrant. But once again, the FISA courts and their super-secret warrants  do not apply to foreign government surveillance of US citizens. So all this sturm and drang about whether or not the US is eavesdropping on our communications is, in fact, irrelevant and diversionary.
  • In fact, the USA Freedom Act reinstituted a number of the surveillance protocols of Section 215, including  authorization for  roving wiretaps  and tracking “lone wolf terrorists.”  While mainstream media heralded the passage of the bill as restoring privacy rights which were shredded under 215, privacy advocates have maintained that the bill will do little, if anything, to reverse the  surveillance situation in the US. The NSA went on the record as supporting the Freedom Act, stating it would end bulk collection of telephone metadata. However, in light of the reciprocal agreement between the US and Great Britain, the entire hoopla over NSA surveillance, Section 215, FISA courts and the USA Freedom Act could be seen as a giant smokescreen. If Great Britain is collecting our real time phone conversations and turning them over to the NSA, outside the realm or reach of the above stated laws, then all this posturing over the privacy rights of US citizens and surveillance laws expiring and being resurrected doesn’t amount to a hill of CDs.
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