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Paul Merrell

Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

thecable.foreignpolicy.com/...line_privacy_rights_everywhere

surveillance state NSA NSA-blowback UN digital-privacy human rights

shared by Paul Merrell on 22 Nov 13 - No Cached
  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
  • Paul Merrell on 22 Nov 13
     
    Woo-hoo! Go get'em, U.N.
Paul Merrell

US to UN Human Rights Committee: Move Along, Nothing to See Here | American Civil Liber... - 0 views

www.aclu.org/...ee-move-along-nothing-see-here

Dark-State U.S. CIA torture U.N.-Human-Rights-Committee committee

shared by Paul Merrell on 10 Apr 15 - No Cached
  • Yesterday the United States gave the U.N. Human Rights Committee its one year follow-up report on progress made to implement four priority recommendations made by the committee a year ago. The independent human rights experts had reviewed the United States' compliance with a major human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). They found the U.S. coming up short in many areas, including accountability for torture, privacy and surveillance, Guantánamo, and gun violence. Yesterday’s disappointing 15-page submission does provide some information on Justice Department investigations regarding police misconduct, including the recent Ferguson report. But, there was nothing on accountability measures taken in the aftermath of the release of the Senate report on the CIA torture program. The need for Attorney General Eric Holder to appoint a special prosecutor remains as glaring as ever.
  • The submission notes that the Senate report’s 500-page executive summary was “declassified with minimal redactions to protect national security,” but it failed to commit to release the entire report (which the ACLU is currently fighting for in a FOIA lawsuit). And while the submission states that the U.S. “supports transparency and has taken steps to ensure that it never resorts to the use of those [harsh interrogation] techniques again,” there is no mention of any concrete actions taken to criminally investigate CIA torture, especially in light of the new information made public in the report about the brutality of the CIA’s methods, and its lies to Congress, the media, and the public about its torture program. Under the ICCPR and the Convention Against Torture, the U.S. has an obligation to effectively, independently, and impartially investigate all cases of unlawful killing or torture, as well as arbitrary detention or enforced disappearance. The U.S. also has an international legal obligation to appropriately prosecute perpetrators – including high-level policymakers.
  • The U.S. submission mentions the investigation by Justice Department prosecutor John Durham, which he closed in 2012 without any charges being filed. But, the submission fails to provide detailed information on the precise scope of Durham’s mandate. We remain concerned that the investigation may have focused on instances in which interrogators overstepped limits set by senior officials, rather than on the culpability of senior officials themselves. It also remains unclear whether investigators interviewed any prisoners who were subjected to the CIA torture program. During the November 2014 review of the United States before the U.N. Committee Against Torture in Geneva, the committee raised concerns, based on letters and accounts from torture victims or their attorneys, indicating that Durham had never interviewed any detainees. The U.S. delegation responded that it had interviewed 96 persons as part of the investigation, but it did not indicate whether any of the prisoners who were subjected to abuse and torture were amongst those interviewed.
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  • A comprehensive criminal investigation by the U.S. government would dissuade future government officials from ordering or using torture and abuse. Failure to conduct an independent criminal investigation not only flouts international law but it also undermines America’s ability to advocate for human rights abroad and compromises Americans’ faith in the rule of law at home. The ACLU and other human rights groups have until May 1st to submit “shadow reports” to the Human Rights Committee, which will subsequently assess and grade U.S. implementation of the key priority recommendations.  The Obama administration can still avoid a low grade by responding to domestic and international calls to appoint a special prosecutor to conduct a comprehensive criminal investigation of the tactics described in the Senate torture report, including all acts authorizing or ordering acts of torture and other abuses and provide redress to victims of torture.  
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

firstlook.org/...ort-condemns-mass-surveillance

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached
  • 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.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

NSA oversight dismissed as 'illusory' as anger intensifies in Europe and beyond | World... - 0 views

www.theguardian.com/...veillance-anger-deepens-europe

surveillance state NSA NSA-oversight NSA-blowback IAHCR U.N. legislation Sensenbrenner Leahy

shared by Paul Merrell on 30 Oct 13 - No Cached
  • The Obama administration's international surveillance crisis deepened on Monday as representatives from a Latin American human rights panel told US diplomats that oversight of the programs was "illusory".Members of the Inter-American Commission on Human Rights, an arm of the Organization of American States, expressed frustration and dissatisfaction with the National Security Agency's mass surveillance of foreign nationals – something the agency argues is both central to its existence and necessary to prevent terrorism. "With a program of this scope, it's obvious that any form of control becomes illusory when there's hundreds of millions of communications that become monitored and surveilled," said Felipe Gonzales, a commissioner and Chilean national."This is of concern to us because maybe the Inter-American Committee on Human Rights may become a target as well of surveillance," said Rodrigo Escobar Gil, a commissioner and Colombian citizen.
  • Frank La Rue, the United Nations special rapporteur on the right to freedom of opinion and expression, told the commission that the right to privacy was "inextricably linked" to free expression. "What is not permissible from a human rights point of view is that those that hold political power or those that are in security agencies or, even less, those in intelligence agencies decide by themselves, for themselves, what the scope of these surveillance activities are, or who will be targeted, or who will be blank surveilled," La Rue said.While the US sent four representatives to the hearing, they offered no defence, rebuttal or elaboration about bulk surveillance, saying the October government shutdown prevented them from adequate preparation. "We are here to listen," said deputy permanent representative Lawrence Gumbiner, who pledged to submit written responses within 30 days.All 35 North, Central and South American nations are members of the commission. La Rue, originally from Guatemala and an independent expert appointed by the Human Rights Council, travels the world reporting on human rights concerns – often in countries with poor democratic standards.
  • The Obama administration has been fielding a week's worth of European outrage following media reports that the NSA had collected a similarly large volume of phone calls from France – which director of national intelligence James Clapper, who recently apologised for misleading the Senate about domestic spying, called "false" – and spying on German chancellor Angela Merkel's own cellphone, which US officials have effectively confessed to. Brazil and Mexico are also demanding answers from US intelligence officials, following reports about intrusive acts of espionage in their territory revealed by documents provided to journalists by former NSA contractor Edward Snowden. The White House has said it will provide some answers after the completion of an external review of its surveillance programs, scheduled to be completed before the end of the year. The Guardian reported on Thursday that the NSA has intercepted the communications of 35 world leaders.
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  • Spying on foreigners is the core mission of the NSA, one that it vigorously defends as appropriate, legal and unexceptional given the nature of global threats and widespread spycraft. Monday's hearing suggested that there are diplomatic consequences to bulk surveillance even if there may not be legal redress for non-Americans. Brazil has already shown a willingness to challenge Washington over bulk surveillance. President Dilma Rousseff postponed a September meeting with President Obama in protest, and denounced the spying during the UN general assembly shortly thereafter. Brazil is also teaming up with Germany at the UN on a general assembly resolution demanding an end to the mass surveillance. The commission's examination of the NSA's bulk surveillance activities suggested a potential southern front could open in the spy crisis just as the administration is attempting to calm down Europe.
  • International discomfort with NSA bulk surveillance is not the only spy challenge the Obama administration now confronts. Congressman James Sensenbrenner, the Wisconsin Republican and key author of the 2001 Patriot Act, is poised to introduce a bill this week that would prevent the NSA from collecting phone records on American citizens in bulk and without an individual warrant. The National Journal reported that Sensenbrenner's bill, which has a companion in the Senate, has attracted eight co-sponsors who either voted against or abstained on a July amendment in the House that would have defunded the domestic phone records bulk collection, a legislative gambit that came within seven votes of passage.Sensenbrenner's bill, like its Senate counterpart sponsored by Vermont Democrat Patrick Leahy, would not substantially restrict the NSA's foreign-focused surveillance, which is a traditional NSA activity. There is practically no congressional appetite, and no viable legislation, to limit the NSA from intercepting the communications of foreigners. An early sign about the course of potential surveillance reforms in the House of Representatives may come as early as Tuesday. The House intelligence committee, a hotbed of support for the NSA, will hold its first public hearing of the fall legislative calendar on proposed surveillance legislation. Its chairman, Mike Rogers of Michigan, has proposed requiring greater transparency on the NSA and the surveillance court that oversees it, but would largely leave the actual surveillance activities of the NSA, inside and outside the United States, untouched.
  • Alex Abdo, a lawyer with the ACLU, which requested the hearing at the Inter-American Commission on Human Rights, warned the human rights panel that the NSA could "target the foreign members of this commission when they travel abroad", as well as foreign dissidents of US-aligned governments; foreign lawyers for Guantánamo detainees; and other foreigners."If every country were to engage in surveillance as pervasive as the NSA, we would soon live in a state … with no refuge for the world's dissidents, journalists and human rights defenders," Abdo said.
Paul Merrell

Huge swath of GCHQ mass surveillance is illegal, says top lawyer | UK news | The Guardian - 0 views

www.theguardian.com/...surveillance-spying-law-lawyer

surveillance state GCHQ NSA drones law EHCR RIPA

shared by Paul Merrell on 31 Jan 14 - No Cached
  • 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.
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  • In a 32-page opinion, the leading public law barrister Jemima Stratford QC raises a series of concerns about the legality and proportionality of GCHQ's work, and the lack of safeguards for protecting privacy.
  • The opinion notes that the UK has not adopted the doctrine of "anticipatory self-defence" in the same way as the US to provide legal cover for drone strikes in countries where it is not involved in an international armed conflict."Accordingly, in our view, if GCHQ transferred data to the NSA in the knowledge that it would or might be used for targeting drone strikes, that transfer is probably unlawful," the advice states."The transferor would be an accessory to murder for the purposes of domestic law … We consider that, pursuant to the transfer, the agent is likely to become an accessory to murder."Watson said he would be submitting the legal opinion to the parliamentary intelligence and security committee, which is undertaking an inquiry into mass surveillance."MPs now have strong independent advice questioning the legality of major UK intelligence programmes," he said.
  • The advice concludes: "In short, the rules concerning communications data are too uncertain and do not provide sufficient clarity to be in accordance with the law … we consider the mass interception of communications via a transatlantic cable to be unlawful, and that these conclusions would apply even if some or all of the interception is taking place outside UK territorial waters."Leaving decisions about whether data can be shared with agencies abroad to the "unfettered discretion" of ministers is also a probable breach of the convention, the advice warns.
  • "First, the transfer of private data is a significant interference with an individual's article 8 rights. That interference will only be lawful when proportionate."Secondly, the ECHR has held on more than one occasion that surveillance, and the use of surveillance data, is an area in which governments must conduct themselves in a transparent and 'predictable' manner. The current framework is uncertain: it relies on the discretion of one individual."Thirdly, on a pragmatic level,there is a real possibility that the NSA might function as GCHQ's unofficial 'backup' service. If GCHQ is not entitled to hold onto data itself, it might transfer it to the NSA. In time, and if relevant, that data might be transferred back to GCHQ. Without strong guidelines and scrutiny, the two services might support each other to (in effect) circumvent the requirements of their domestic legislation."The opinion adds: "If GCHQ transfers communications data to other governments it does so without any statutory restrictions. Such transfers are a disproportionate interference with the article 8 rights of the individuals concerned. There are no restrictions, checks or restraints on the transfer of that data."
  • At its most extreme, the advice raises issues about the possible vulnerability of staff at GCHQ if it could be proved that intelligence used for US drone strikes against "non-combatants" had been passed on or supplied by the British before being used in a missile attack."An individual involved in passing that information is likely to be an accessory to murder. It is well arguable, on a variety of different bases, that the government is obliged to take reasonable steps to investigate that possibility," the advice says.
  • "If ministers are prepared to allow GCHQ staff to be potential accessories to murder, they must be very clear that they are responsible for allowing it. We have seen a step change in mass covert surveillance and intelligence gathering, underpinned on dubious legal grounds and with virtually no parliamentary oversight. "The leadership of all the main parties should stop turning a blind eye to a programme that has far-reaching consequences around the globe."
  • Paul Merrell on 31 Jan 14
     
    The lawyer who wrote the opinion is a QC, or Queen's Counsel. See http://en.wikipedia.org/wiki/Queen's_Counsel This opinion *will* result in changes in UK law and oversight of GCHQ. And because much of it is based on the European Convention on Human Rights, the opinion will stoke the anti-spying sentiment in the European Community, which is already at fever-pitch. The ECHR is Europe's implementation of several U.N. treaties on human rights, so the blowback may well extend beyond the EU and UK.  
Paul Merrell

United Nations News Centre - UN Rights Council appoints final member on panel to invest... - 0 views

www.un.org/...story.asp

war & peace Israel Gaza U.N. war-crimes-investigation

shared by Paul Merrell on 26 Aug 14 - No Cached
  • The United Nations Human Rights Council announced today the appointment of the last of three members of its probe to investigate purported violations of international humanitarian and human rights laws in the Occupied Palestinian Territory, including East Jerusalem, and particularly in the Gaza Strip since the conflict began on 13 June. In a statement released today, the Council’s President, Ambassador Baudelaire Ndong Ella (Gabon), announced that Mary McGowan Davis (United States) will join William Schabas (Canada) and Doudou Diène (Senegal) whose appointments were announced on 11 August. The previously appointed Amal Alamuddin (United Kingdom) was unable to serve due to prior commitments. Ms. Davis is from the United States and has served as a Justice for the State of New York and as a federal prosecutor during the course of a 24-year career. She also has extensive experience in the fields of international human rights law and has served as Chair on a UN Committee tasked with following up on the findings of the Gaza conflict that occurred between December 2008 and January 2009.
  • The Independent International Commission of Inquiry – launched by the Human Rights Council on 23 July – is charged with investigating human rights violations in the Occupied Palestinian Territory, in particular the occupied Gaza Strip. It plans to investigate all violations of human rights and humanitarian law since the current military operations began in mid-June. As it stands now, the cumulative death toll among Palestinians stands at 2,076. Some 1,454 – 70 per cent – are believed to be civilians, including 491 children and 253 women, according to the UN Office of Humanitarian Affairs (OCHA). Out of the 2,076 killed, 253 are believed to be militants, and the status of a further 369 killed Palestinians is still to be determined. Meanwhile, UNRWA said today that its schools along with Government-run schools are not ready for the new school year in Gaza, which was set to begin yesterday. More than 200 schools which were affected by shelling need to be repaired, including 22 which have been completely destroyed. In the meantime, UNRWA said its TV station will run education programs at emergency shelters and will expand psychosocial work with humanitarian organizations.
Paul Merrell

Syrian civilians in desperate need, as threat of US strike looms | Al Jazeera America - 1 views

america.aljazeera.com/...ensyrianciviliansuffering.html

Syria war & peace casualties humanitarian-crisis Red_Cross

shared by Paul Merrell on 30 Aug 13 - No Cached
  • Any escalation of the Syrian crisis in response to last week's reported chemical weapons attack will aggravate civilian suffering, the International Committee of the Red Cross said Thursday, as UNESCO warned that Syria's rich cultural heritage is being destroyed and archaeological sites looted.
  • The ICRC, an independent humanitarian agency, said it was appalled by reports of a poison gas attack on Aug. 21 that left hundreds dead -- which the U.S. said was carried out by President Bashar al-Assad's regime. A U.N. investigation at the site of the alleged attack is ongoing. The ICRC urged warring parties in Syria's two-year civil war to respect the absolute ban on chemical weapons use under international law. Magne Barth, head of the ICRC's delegation in Syria, said proposed Western military action would "likely trigger more displacement and add to humanitarian needs, which are already immense." Some 2 million people have already fled Syria, including 1 million children. Human rights groups estimate that 100,000 people have been killed since the war began. Areas plagued by heavy fighting -- including the countryside around Damascus, eastern Aleppo and Deir Ezzor province -- are also reeling from breakdowns of basic services such as water, electricity and garbage collection, the ICRC said in a statement.   "In large parts of rural Damascus for example, people are dying because they lack medical supplies and because there are not enough medical personnel to attend to them," said Magne Barth, head of the ICRC's delegation in the country. "They also go hungry because aid can't get through to them on a regular basis."
  • Paul Merrell on 30 Aug 13
     
    Note that Obama's been talking a lot about a legal theory never approved by any international body that supposedly allows individual nations to wage war against another nation without U.N. Security Council for humanitarian purposes. Yes, dear reader, it's true: Obama would have us believe that fighting for peace is not like fornicating for chastity.  
Paul Merrell

Asia Times Online :: Middle East News, Iraq, Iran current affairs - 2 views

www.atimes.com/...MID-03-090913.html

war & peace Syria Obama Pipelinestan U.S.-credibility

shared by Paul Merrell on 12 Sep 13 - No Cached
Gary Edwards liked it
  • There is nothing tragic about the Obama presidency, capable of drawing the analytical talents of a neo-Plutarch or a neo-Gibbon. This is more like a Pirandello farce, a sort of Character in Search of An Author. Candidates to Author are well documented - from the Israel lobby to the House of Saud, from a select elite of the industrial-military-security complex to, most of all, the rarified banking/financial elite, the real Masters of the Universe. Poor Barack is just a cipher, a <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> functionary of empire, whose ''deciding'' repertoire barely extends to what trademark smile to flash at the requisite photo-ops. There's nothing ''tragic'' about the fact that during this week - marking the 12th anniversary of 9/11 - this presidency will be fighting for its bombing ''credibility'' trying to seduce Republican hawks in the US Congress while most of the warmongers du jour happen to be Democrats.
  • Republicans are torn between supporting the president they love to hate and delivering him a stinging rebuke - as much as they are aching to follow the orders of their masters, ranging from the American Israel Public Affairs Committee to military contractors. Once again, this is farce - caused by the fact that a man elected to finish off wars is eager to start yet another one. And once again without a United Nations vote. The White House ''strategy'' in this crucial negotiating week boils down to this; to convince the US Congress that the United States must start a war on Syria to punish an ''evil dictator'' - once again, as bad as Hitler - for gassing children. The evidence? It's ''indisputable''. Well, it's not ''irrefutable''. It's not even ''beyond-a-reasonable-doubt''. As Obama's Chief of Staff Denis McDonough admitted, with a straight face, it boils down to ''a quite strong common sense test, irrespective of the intelligence, that suggests that the regime carried this out''. So if this is really about ''common sense'', the president is obviously not being shown by his close coterie of sycophants this compendium of common sense, compiled by a group of top, extremely credible former US intelligence officials, which debunks all the ''evidence'' as flawed beyond belief. To evoke a farce from 12 years ago, this clearly seems to be a case of ''facts being fixed around the policy''.
  • The Arab street doesn't buy it because they clearly see through the hypocrisy; the desperate rush to ''punish'' the Bashar al-Assad government in Syria while justifying everything the apartheid state of Israel perpetrates in occupied Palestine. The Muslim world doesn't buy it because it clearly sees the demonization only applies to Muslims - from Arafat to bin Laden to Saddam to Gaddafi and now Assad. It would never apply to the military junta in Myanmar, which was clever enough to engineer an ''opening''; the next day Westerners were lining up to kiss the hem of Burmese longyis. It would never apply to the Islam Karimov dictatorship in Uzbekistan because ''we'' always need to seduce him as one of our bastards away from Russia and China. It eventually applies, on and off, to the Kim dynasty in North Korea, but with no consequences - because these are badass Asians who can actually respond to an US attack. Informed public opinion across the developing world does not buy it because they clearly see, examining the historical record, that Washington would never really be bothered with the sorry spectacle of Arabs killing Arabs, or Muslims killing Muslims, non-stop. The 1980-1988 Iran-Iraq war is a prime piece of evidence.
  • ...4 more annotations...
  • Then there's the ''credibility'' farce. The Obama administration has convoluted the whole world in its own self-spun net, insisting that the responsibility for the ''red line'' recklessly drawn by the president is in fact global. Yet the pesky ''world'' is not buying it.
  • At the Group of 20 summit last week, the BRICS group of emerging powers - Brazil, Russia, India, China and South Africa - as well as Indonesia and Argentina, clearly stressed that a war on Syria without UN Security Council approval would qualify Obama as a war criminal. Even among the European poodles ''support'' for the White House is extremely qualified. Germany's Angela Merkel and even France's attack dog Francois Hollande said the primacy is with the UN. The European Union as a whole wants a political solution. It's enlightening to remember that the EU in Brussels can issue arrest warrants for heads of EU governments guilty of war crimes. Someone in Paris must have warned attack dog Hollande that he would not welcome the prospect of slammer time. ''Evil'' as a political category is something worthy of the brain dead. The key question now revolves around the axis of warmongers - Washington, Israel and the House of Saud. Will the Israel lobby, the more discreet but no less powerful Saudi lobby, and the Return of the Living Dead neo-cons convince the US Congress to fight their war?
  • And then there's the curioser and curioser case of al-Qaeda - essentially the Arabic denomination for a CIA database of US-Pakistani-Saudi trained mujahideen during the 1980s: the oh so convenient transnational bogeyman that ''legitimized'' the Global War On Terror (GWOT) of the George W Bush years; the ''opening'' for al-Qaeda to move to Iraq; and now, no middle men; the CIA and the Obama administration fighting side-by-side with al-Qaeda in Syria. No wonder the denomination ''al-CIAeda'' has gone viral. With farce after farce after farce piling up in their own Tower of Babel, the much-vaunted ''US credibility'' is in itself the biggest farce of all. Politically, no one knows how the vacuum will be filled. It won't be via the UN. It won't be via the BRICS. It won't be via the G-20 - which is seriously divided; at least new multipolar players are carrying way more weight than US poodles. Much would be made to restore ''US credibility'' if the Obama administration had the balls to force both the House of Saud and Qatar (''300 people and a TV station'', in the epic definition of Saudi Arabia's Prince Bandar Sultan - aka Bandar Bush) to end once and for all their weaponizing of hardcore ''rebels'' and ultimately hardcore jihadis, and accept Iran in the negotiating table for a real Geneva II peace process in Syria. It won't happen because this bypasses farce. Once again; helpless Barack is just a paperboy. The plutocrats in charge are getting extremely nervous. The system is melting - and they need to act fast.
  • They need a Syria as docile as the Arab petro-monarchies. They want to hit Russia bad - and then discuss missile defense and Russian influence in Eastern Europe from a position of force. They want to hit Iran bad - and then continue to issue ultimatums from a position of force. They want to facilitate yet another Israeli attempt to capture southern Lebanon (it's the water, stupid). They want a monster gas pipeline from Qatar for European customers bypassing Iran and Syria as well as Gazprom. Most of all, this is all about control of natural resources and channels of distribution. These are real motives - and they have nothing to do with farce. Farce is only deployed to kill any possibility of real diplomacy and real political discussion. Farce is a theatrical mask - as in ''humanitarian'' imperialism - the ''acceptable'' version of the Dick Cheney-run years. It's as if Dick Cheney had never left the building; paperboy Barack is Dick Cheney with a ''human'' face. The only good outcome in this multi-sorrowful tale is that the real ''international community'', all around the world, has seen the naked Emperor in all its (farcical) glory.
  • Paul Merrell on 12 Sep 13
     
    What can I say? The iconoclastic Pepe Escobar strikes again. 
  • Gary Edwards on 12 Sep 13
     
    Outstanding article Paul. Wow! Watching the 911 link now. But here's one for you: Massimo Mazzucco's new 5-hour documentary "September 11- The New Pearl Harbor" summarizes 12 years of public debate on 9-11, looking at the events from all sides. Watch a trailer for the film here: http://goo.gl/M5c0dj Full five hours available here: http://www.luogocomune.net/site/modules/sections/index.php?op=viewarticle&artid=167 I listened to a two hour interview with Massimo last night. Awesome stuff.
  • Paul Merrell on 13 Sep 13
     
    A 5-hour documentary will have to wait for tomorrow. I'm about 7 hours away from a deadline for the current development cycle's Help file. :-) I do think Pepe is a off on a couple of details in this article. The Neocons were mostly silent on this one and Rumsfeld came out against the intervention, saying that Obama hadn't made a valid case for war. That's most likely because the Neocons are joined at the hip with Israeli government and that government is a house divided this time around, with only factions supporting the military strike. The current thinking in Tel Aviv/Jerusalem is, in line with the Israeli right's long term strategy, that it's just fine with them to have Muslims running around killing each other in Syria. That long-term strategy is to destabilize Israel's Arab neighbor states while Israel builds its economic empire and military hegemony in the region. Israeli government isn't exactly thrilled by the prospect of Obama delivering fulfillment of the Saudi goal of transforming Syria from a secular state into a non-secular Islamic state run by Wahabi extremists. Such a state, armed to the teeth by the U.S. and/or the Saudi-Qatari zillionaires could be very bad news for Israel. Notably, the very strongest case thus far that the August 21 chemical attack was conducted by the opposition forces with the U.S. and Syria in on it to create a false flag attack, has been delivered in installments by Yossef Bodansky, an Israeli-American uber-scholar of Islamic "terrorism" and Soviet/Russian weaponry who is incapable of criticising Israel's decades-long terrorism inflicted on the Palestinian people and Israel's continuing unlawful occupation of Palestine plus parts of Jordan, Syria, and Lebanon. Bodanysky sits at the center of an intelligence web of intelligence professionals from nations worried about Islamic "terrorism." In other words, he's extremely pro-Israeli and to boot, very close to Mossad and Israel's IDF intelligence forces. Israel's AIPAC lobby d
Paul Merrell

Call for punishment of Missouri police behind crackdown on journalists - Reporters With... - 0 views

en.rsf.org/missouri-22-08-2014,46833.html

civil liberties Ferguson reporter-arrests ACLU

shared by Paul Merrell on 28 Aug 14 - No Cached
  • At least 15 journalists have been unfairly arrested during the clashes between the police and protesters in Ferguson, Missouri, after a white officer shot dead a young unarmed black man, Michael Brown, on 9 August. As rioting has gripped the town for almost two weeks, police have cracked down on the journalists covering the violence. The arbitrary detention of Washington Post reporter Wesley Lowery and Ryan J. Reilly of the Huffington Post on 13 August appeared at first to be isolated instances as a result of the protests getting out of hand, but they were followed by the arrests of at least 13 more journalists, three of them German and one Turkish. All were handcuffed as a matter of routine. The freelance photojournalist Coulter Loeb, on assignment for the Cincinnati Herald, is the most recent to have been placed under arrest. He was held for six hours overnight on 19 August. Journalists are also victims of police brutality. According to Al-Jazeera correspondent Ash-har Quraishi, tear gas was deliberately aimed at his crew.
  • “Reporters Without Borders calls for the punishment of the officers responsible for the arbitrary arrests of journalists covering the demonstrations,” said Camille Soulier, the head of the organization’s Americas desk. “The arrest of journalists for reporting on the riots are in flagrant violation of International conventions as well as the U.S. constitution. An investigation must be carried out to identify the officers that deliberately assaulted and threatened those working for the media. There could be further wrongful arrests unless the authorities take decisive action against such shortcomings on the part of the police.” A resolution passed by the U.N. Human Rights Council in March this year urges states to “pay particular attention to the safety of journalists and media workers covering peaceful protests.” On 15 August, the American Civil Liberties Union and the Missouri police authorities signed an agreement that they “acknowledge and agree that the media and members of the public have the right to record public events without abridgement unless it obstructs the activities or threatens the safety of others, or physically interferes with the ability of law enforcement officers to perform their duties.”
  • Such an agreement may appear unnecessary in the land of the First Amendment, but it should act as a reminder to officers on the ground. In addition, Reporters Without Borders and more than 40 other media organizations have signed a letter at the instigation of the Reporters Committee for Freedom of the Press requesting the Missouri police authorities to allow journalist to do their work. The journalists arrested in Ferguson are listed on the website of the Freedom of the Press Foundation. The United States is ranked 46th of 180 countries in the 2014 Reporters without Borders press freedom index, 13 places below its position in the 2013 edition.
  • Paul Merrell on 28 Aug 14
     
    Tragically, the ACLU had to get a stipulation with state, county, and Ferguson city police that reporters and the press have a right to record public events on video  "without abridgement unless it obstructs the activity or threatens the safety of others or physically interferes or interferes with the ability of law enforcement officers to perform their duties" The ACLU lawsuit over the rough stuff against reporters is still pending.  One might hope that word would have got around by now among all police in America that the Supreme Court has ruled that the public has that right under the First Amendment, but there remains a fairly constant flow of cops who arrest people for recording their activities, seize their cameras, or break them. And playing rough with reporters is plain stupid; it's just asking for a scandal. Police in the U.S. have no right to be dumb as a doornail.
Paul Merrell

​US, Canada & Ukraine vote against Russia's anti-Nazism resolution at UN - RT... - 0 views

rt.com/...7899-un-anti-nazism-resolution

war & peace U.N. neo-Nazis U.S.-foreign-policy Ukraine

shared by Paul Merrell on 23 Nov 14 - No Cached
  • UN General Assembly’s Third Committee passed a Russia-proposed resolution condemning attempts to glorify Nazism ideology and denial of German Nazi war crimes. The US, Canada and Ukraine were the only countries to vote against it. The resolution was passed on Friday by the committee, which is tasked with tackling social and humanitarian issues and human rights abuses, by 115 votes against three, with 55 nations abstaining, Tass news agency reported.
  • The resolution also decried attempts to whitewash Nazi collaborators by depicting them as fighters of nationalist resistance movements and honoring them as such. It condemned any form of denial of Nazi war crimes, including the Jewish Holocaust.
  • Paul Merrell on 23 Nov 14
     
    Not surprising because the U.S. worked and is still working closely with neo-Nazi paramilitary organizations in the Ukraine coup government. 
Paul Merrell

Democratic Pundits Downplay Serious Ethical Issues Raised by the Clinton Foundation - 0 views

theintercept.com/...clinton-foundation-spin

Auction 2016 Hillary Clinton-Foundation corruption bribery

shared by Paul Merrell on 27 Aug 16 - No Cached
  • The Associated Press story this week revealing that as secretary of state, Hillary Clinton frequently met with donors to the Clinton Foundation, set off a firestorm in the media. Many Democrats and sympathetic pundits are criticizing the article — and have made the sweeping claim that, contrary to many deeply reported investigations, there is no evidence that well-heeled backers of the foundation received favorable treatment from the State Department. While there are some legitimate criticisms of the AP story — its focus, for instance, on a Nobel Peace Prize winner meeting with Clinton distracts from the thesis of the piece — it is nonetheless a substantive investigation based on calendars that the State Department has fought to withhold from the public. The AP took the agency to court to obtain a partial release of the meeting logs. Other commentators took issue with a tweet promoting the AP piece, which they said might confuse readers because the AP story reflected private sector meetings, not overall meetings. But in challenging the overall credibility of the AP story, Clinton surrogates and allies are going well beyond a reasoned critique in an effort to downplay the serious ethical issues raised by Clinton Foundation activities.
  • The Intercept has also reported on the Clinton Foundation and the conduct of the State Department under Clinton. Leaked government documents obtained by The Intercept revealed that the Moroccan government lobbied Clinton aggressively to influence her and other officials on the Moroccan military occupation of Western Sahara, which holds some of the world’s largest reserves of phosphate, a lucrative export for the kingdom. As part of its strategy for influence, the Moroccan government and companies controlled by the kingdom donated to the Bill Clinton presidential library, the Clinton Foundation, and hired individuals associated with the Clinton political network. Despite a statement by the Obama administration that suggested it would reverse the previous Bush administration support for the Moroccan government and would back a U.N.-negotiated settlement for the conflict in Western Sahara, Clinton announced there would be “no change” in policy — and has gone on to praise the Moroccan government’s human rights record. As recently as Monday, we learned that after being denied an official meeting with the State Department, Peabody Energy, the worlds largest coal company, used a consultant who donated heavily to the Clinton Foundation to back channel and attempt to set up a meeting with Clinton via her aide Huma Abedin. The consultant, Joyce Aboussie, wrote that “It should go without saying that the Peabody folks” reached out to her because of her “relationship with the Clinton’s [sic].” Peabody and Aboussie have declined to comment, and it is unclear if the meeting took place.
  • The assertions above obscure the problems unearthed through years of investigative reporting on the foundation. Journalist David Sirota, who has reported extensively on the Clinton Foundation, rounded up a sample of the stories that provide a window into Clinton Foundation issues: The Washington Post found that two months after Secretary Clinton encouraged the Russian government to approve a $3.7 billion deal with Boeing, the aerospace company announced a $900,000 donation to the Clinton Foundation. The Wall Street Journal found that Clinton made an “unusual intervention” to announce a legal settlement with UBS, after which the Swiss bank increased its donations to, and involvement with, the Clinton Foundation. The New York Times reported that a Russian company assumed control of major uranium reserves in a deal that required State Department approval, as the chairman of the company involved in the transaction donated $2.35 million to the Clinton Foundation.
  • ...2 more annotations...
  • There may be many other potential influence-peddling stories, but the State Department has not released all of the emails from Clinton’s private server and other meeting log documents, while redacting identifying information that could shed light on other stories. For example, Mother Jones and The Intercept have reported that Clinton used the State Department to promote fracking development across the globe, and in particular her agency acted to benefit particular companies such as a Chevron project in Bulgaria and ExxonMobil’s efforts in Poland. Both ExxonMobil and Chevron are major donors to the Clinton Foundation. The release of more meeting log documents and emails would certainly reveal a better picture of potential influence.
  • Earlier this year, in similar fashion to the questions raised about the Clinton Foundation, Democrats in Arizona raised influence peddling concerns regarding the reported $1 million donation from the Saudi Arabian government to the McCain Institute for International Leadership, a nonprofit group closely affiliated with Sen. John McCain, R-Ariz. As chairman of the Armed Services Committee, McCain oversees a range of issues concerning Saudi Arabia, including arms sales. But none of the pundits rushing to the defense of the Clinton Foundation defended McCain. In fact, the more Clinton’s allies have worked to defend big money donations to the Clinton Foundation, the more closely they resemble the right-wing principles they once denounced. In one telling argument in defense of the Clinton Foundation, Media Matters, another group run by David Brock, argued this week that there was “no evidence of ethics breaches” because there was no explicit quid pro quo cited by the AP. The Media Matters piece mocked press figures for focusing on the “optics” of corruption surrounding the foundation. Such a standard is quite a reversal for the group. In a piece published by Media Matters only two years ago, the organization criticized conservatives for focusing only on quid pro quo corruption — the legal standard used to decide the Citizens United and McCutcheon Supreme Court decisions — calling such a narrow focus a “new perspective of campaign finance” that dismisses “concerns about institutional corruption in politics.” The piece notes that ethics laws concerning the role of money in politics follow a standard, set forth since the Watergate scandal, in which even the appearance, or in other words, the “optics” of corruption, is cause for concern.
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