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Paul Merrell

POGO Provides Statement for House Hearing on VA Whistleblowers - 0 views

www.pogo.org/...ring-on-va-whistleblowers.html

veterans healthcare DVA whistleblower-protection

shared by Paul Merrell on 18 Apr 15 - No Cached
  • In the spring of 2014, the Project On Government Oversight (POGO) put out the call to whistleblowers within the Department of Veterans Affairs (VA) to provide an inside perspective on the issues the Department was facing. In our 34-year history, POGO has never received as many submissions on a single issue. Nearly 800 current and former VA employees and veterans from 35 states and the District of Columbia contacted us. POGO reviewed each of the submissions, and found that concerns about the VA go far beyond long or falsified wait times for medical appointments; they extend to the quality of health care services veterans receive. A recurring and fundamental theme became clear: VA employees across the country fear they will face repercussions if they dare to raise a dissenting voice. POGO wrote a letter to Acting VA Secretary Sloan Gibson in July last year, highlighting three specific cases of current or former employees who agreed to share details about their personal experiences of retaliation.[1] In California, a VA inpatient pharmacy supervisor was placed on administrative leave and ordered not to speak out after protesting “inordinate delays” in delivering medication to patients and “refusal to comply with VHA regulations.” In one case, he said, a veteran’s epidural drip of pain control medication ran dry, and another veteran developed a high fever after he was administered a chemotherapy drug after its expiration point.
  • In Pennsylvania, a former VA doctor told POGO that he had been removed from clinical work and forced to spend his days in an office with nothing to do. This action occurred after he complained that, in medical emergencies, physicians who were supposed to be on call were failing or refusing to report to the hospital. The Office of Special Counsel (OSC) shared his concerns, writing “[w]e have concluded that there is a substantial likelihood that the information that you provided to OSC discloses a substantial and specific danger to public health and safety.”[2] In Appalachia, a former VA nurse told POGO she was intimidated by management and forced out of her job after she raised concerns that patients with serious injuries were being neglected. In one case she was reprimanded for referring a patient to the VA’s patient advocate after weeks of being unable to arrange transportation for a medical test to determine if he was in danger of sudden death. “Such an upsetting thing for a nurse just to see this blatant neglect occur almost on a daily basis. It was not only overlooked but appeared to be embraced,” she said. She also pointed out that there is “a culture of bullying employees….It’s just a culture of harassment that goes on if you report wrongdoing,” she said.
  • That culture doesn’t appear to be limited to just one or two VA clinics. Some people, including former employees who are now beyond the reach of VA management, were willing to be interviewed by POGO and to be quoted by name, but others said they contacted us anonymously because they are still employed at the VA and are worried about retaliation. One put it this way: “Management is extremely good at keeping things quiet and employees are very afraid to come forward.” This kind of fear and suppression of whistleblowers who report wrongdoing often culminates in the larger problems, as the VA is currently experiencing. By now it is well known that employees who recently raised concerns about veteran wait times faced reprisal. But whistleblower retaliation in the VA is nothing new. In 1992 a congressional report detailed the experiences of VA employees who were harassed or fired after reporting problems.[3] Throughout the 1990s there were several congressional hearings conducted on the quality of care at VA hospitals and on reprisal against VA employees who exposed inadequate care.[4] Despite then-Secretary Togo D. West’s declaration that such reprisals would not be tolerated, a House hearing in 1999 found that the reprisal problems still existed.[5] A Government Accountability Report from 2000 found that many VA employees were unaware of their rights to protections against retaliation for blowing the whistle on wrongdoing.[6] The report also found that the majority of employees feared retaliation and were therefore unwilling to report misconduct.
  • ...6 more annotations...
  • The Office of Special Counsel (OSC) has been working to investigate claims of retaliation and get favorable actions for many of the VA whistleblowers who have come forward. Since April 2014, the OSC has successfully obtained corrective actions for over 25 whistleblowers.[7] But the OSC still has over 100 pending VA reprisal cases to investigate, among the highest of any government agency, according to Special Counsel Carolyn Lerner.[8] Although the VA has been cooperative with the OSC and their recommendations, merely addressing isolated incidents is not enough.[9] The VA has been struggling with a culture problem for decades and something more must be done.
  • VA employees who have concerns about management or fear retaliation are supposed to be able to turn to the VA’s Office of Inspector General (OIG). But whistleblowers have come to doubt the VA IG’s willingness to hold wrongdoers accountable. Since 2014, the IG Office has not yet publically released any investigation into employee retaliation, making it difficult to assess how seriously the IG’s office is taking this issue. Furthermore, the VA IG’s office issued an administrative subpoena to POGO in May 2014 that was little more than an invasive fishing expedition for whistleblowers. The IG demanded “All records that POGO has received from current or former employees of the Department of Veterans Affairs, and other individuals or entities.”[10] Though POGO did not comply with the subpoena, such an action was cause for concern for many of the whistleblowers who had shared information with us. POGO remains concerned that there is not a permanent VA IG in place and that the position has been vacant for over a year.[11] Our own investigations have found that the absence of permanent leadership can have a serious impact on the effectiveness of an IG office.[12] Acting IGs do not undergo the same kind of extensive vetting process required of permanent IGs, and as a consequence usually lack the credibility of a permanent IG. Acting IGs also often seek appointment to the permanent position, which can compromise their independence by giving them an incentive to curry favor with the White House and the leadership of their agency.[13] Perhaps most worrisome, given the significant challenges facing the VA IG, a 2009 study found that vacancies in top agency positions promote agency inaction, create confusion among career employees, make an agency less likely to handle controversial issues, result in fewer enforcement actions by regulatory agencies and decrease public trust in government.[14]
  • It appears the VA IG may be subject to this dangerous lack of independence. For example, the VA OIG has failed to release the results of 140 health care investigations since 2006.[15] Furthermore, the Department of Treasury IG sent a letter to this Committee just last month raising concerns about another VA IG investigation. After speaking to witnesses familiar with the situation, the Treasury IG concluded that their testimony, “calls into question the integrity of the VA OIG’s actions in this particular manner.” The Treasury IG’s investigation also found that multiple witnesses stated a VA employee boasted about his ability to influence the VA OIG’s investigations.[16]
  • In POGO’s 2014 letter, we recommended concrete steps for incoming VA Secretary McDonald to take in order to demonstrate an agency-wide commitment to changing the VA’s culture of fear, bullying, and retaliation. Neither Acting Secretary Sloan Gibson nor Secretary McDonald have responded to our multiple requests for a meeting. Clearly, an important first step will be for the President to nominate a permanent IG for the VA. Hopefully strong and committed leadership in that office will correct its current course. POGO recommended that Secretary McDonald make a tangible and meaningful gesture to support those whistleblowers who have been trying to fix the VA from the inside. Once the OSC has identified meritorious cases, Secretary McDonald should personally meet with those whistleblowers and elevate their status from villain to hero. These employees should be publicly celebrated for their courage, and should receive positive recognition in their personnel files, including possibly receiving the types of bonuses that have been provided to wrongdoers in the past. Retaliation against whistleblowers is already a prohibited personnel practice, but it will be up to the senior-most VA leadership to ensure that this rule is enforced by the agency. This should not be an isolated event done in response to recent criticisms but an ongoing effort. Whistleblowing must be encouraged and celebrated or wrongdoing will continue.
  • But it’s not just the VA Secretary who can work to fix this problem. Congress should enact legislation that codifies accountability for those who retaliate against whistleblowers. The definition of “wrongdoing” must include retaliation. The cultural shift that is required inside the Department of Veterans Affairs must be accompanied by statutory mandates that protect whistleblowers and witnesses inside the agency from retaliation. Legislation should ensure that whistleblowers are able to be confident that stepping forward to expose wrongdoing will not result in retaliation, and should provide a system to hold retaliators within the VA accountable. Congress should also extend whistleblower protections to contractors and veterans who raise concerns about medical care provided by the VA. POGO’s investigation found that both of these groups also fear retaliation that prevents them from coming forward. While federal employees working at the VA enjoy whistleblower protections, contractors do not. Congress should extend the same protections to contractors in order to promote internal oversight in an increasingly contractor-heavy landscape.
  • In addition, a veteran who is receiving poor care should be able to speak to his or her patient advocate without fear of retaliation, including a reduction in the quality of health care. Without this reassurance, there is a disincentive to report poor care, allowing it to continue uncorrected. Congress should extend whistleblower protections to veteran whistleblowers. The VA and Congress must work together to end this culture of fear and retaliation. Whistleblowers who report concerns that affect veteran health must be lauded, not shunned. And the law must protect them.
Paul Merrell

FBI Abruptly Walks Out On Senate Briefing After Being Asked How 'Insider Threat' Progra... - 0 views

www.techdirt.com/...am-avoids-whistleblowers.shtml

surveillance state whistleblower-protection Obama Insider-Threat-Program FBI

shared by Paul Merrell on 16 Apr 14 - No Cached
  • While we've been disappointed that Senator Chuck Grassley appears to have a bit of a double standard with his staunch support for whistleblowers when it comes to Ed Snowden, it is true that he has fought for real whistleblower protections for quite some time. Lately, he's been quite concerned that the White House's "Insider Threat Program" (ITP) is really just a cover to crack down on whistleblowers. As we've noted, despite early promises from the Obama administration to support and protect whistleblowers, the administration has led the largest crackdown against whistleblowers, and the ITP suggests that the attack on whistleblowers is a calculated response. The program documentation argues that any leak can be seen as "aiding the enemy" and encourages government employees to snitch on each other if they appear too concerned about government wrong-doing. Despite all his high minded talk of supporting whistleblowers, President Obama has used the Espionage Act against whistleblowers twice as many times as all other Presidents combined. Also, he has never -- not once -- praised someone for blowing the whistle in the federal government.
  • Given all of that, Senator Grassley expressed some concern about this Insider Threat Program and how it distinguished whistleblowers from actual threats. He asked the FBI for copies of its training manual on the program, which it refused to give him. Instead, it said it could better answer any questions at a hearing. However, as Grassley explains, when questioned about this just 10 minutes into the hearing, the FBI abruptly got up and left: Meanwhile, the FBI fiercely resists any efforts at Congressional oversight, especially on whistleblower matters. For example, four months ago I sent a letter to the FBI requesting its training materials on the Insider Threat Program. This program was announced by the Obama Administration in October 2011. It was intended to train federal employees to watch out for insider threats among their colleagues. Public news reports indicated that this program might not do enough to distinguish between true insider threats and legitimate whistleblowers. I relayed these concerns in my letter. I also asked for copies of the training materials. I said I wanted to examine whether they adequately distinguished between insider threats and whistleblowers.
  • In response, an FBI legislative affairs official told my staff that a briefing might be the best way to answer my questions. It was scheduled for last week. Staff for both Chairman Leahy and I attended, and the FBI brought the head of their Insider Threat Program. Yet the FBI didn’t bring the Insider Threat training materials as we had requested. However, the head of the Insider Threat Program told the staff that there was no need to worry about whistleblower communications. He said whistleblowers had to register in order to be protected, and the Insider Threat Program would know to just avoid those people. Now I have never heard of whistleblowers being required to “register” in order to be protected. The idea of such a requirement should be pretty alarming to all Americans. Sometimes confidentiality is the best protection a whistleblower has. Unfortunately, neither my staff nor Chairman Leahy’s staff was able to learn more, because only about ten minutes into the briefing, the FBI abruptly walked out. FBI officials simply refused to discuss any whistleblower implications in its Insider Threat Program and left the room. These are clearly not the actions of an agency that is genuinely open to whistleblowers or whistleblower protection.
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  • And yes, it's equally troubling that the FBI insists that as long as someone "registers" as a whistleblower, the FBI will suddenly, magically agree to stop investigating them as a "threat." We already know that's almost certainly bullshit. The stories of Thomas Drake and John Kiriakou are both clear examples of whistleblowers, who then had the DOJ search through basically everything they'd ever done to try to concoct some sort of Espionage Act case against them. In both cases, the eventual charges were totally ridiculous and unrelated to the whistleblowing they had done, but clearly the only reason they had been investigated was because of their status as whistleblowers. Drake was charged with having a classified document, which was just a meeting agenda and was both improperly classified and then declassified soon after. Kiriakou was charged with revealing the name of a CIA operative to a reporter, where the person in question was already widely known to journalists as working for the CIA. Meanwhile, while Grassley still hasn't come out in support of Snowden as a whistleblower, he does seem reasonably concerned that James Clapper's plans to stop the next Snowden will have severe consequences for whistleblowers:
  • Director of National Intelligence James Clapper seems to have talked about such procedures when he appeared before the Senate Armed Services Committee on February 11, 2014. In his testimony, he said: We are going to proliferate deployment of auditing and monitoring capabilities to enhance our insider threat detection. We’re going to need to change our security clearance process to a system of continuous evaluation. . . . What we need is . . . a system of continuous evaluation, where . . . we have a way of monitoring their behavior, both their electronic behavior on the job as well as off the job, to see if there is a potential clearance issue. . . . Director Clapper’s testimony gives me major pause. It sounds as though this type of monitoring would likely capture the activity of whistleblowers communicating with Congress. As Marcy Wheeler notes in her post (linked above, which called my attention to all this), by declaring war on whistleblowers, the administration is almost guaranteeing that many fewer will use "official channels" to blow the whistle. That just makes them targets with the likelihood of getting no results. Instead, all this does is incentivize people to go the Chelsea Manning/Ed Snowden route of going directly to journalists to make sure the stories get out.
Paul Merrell

United Nations: Whistleblowers Need Protection - 0 views

www.pogo.org/...leblowers-need-protection.html

Dark-State whistleblower-law U.N.-report best-practices

shared by Paul Merrell on 24 Oct 15 - No Cached
  • Daniel Kaye, the United Nations’ Special Rapporteur for Freedom of Expression, recently submitted a report to the General Assembly on the protection of whistleblowers and sources. The report highlights key elements of protections for whistleblowers, and is based in part on participation by 28 States as well as individuals and non-governmental organizations (NGOs). Among a host of best-practice protections featured in the report, the Special Rapporteur focuses particular attention on national security whistleblowers and sources, those whistleblowers who are often subject to criminal prosecution for exposing serious problems. Notably, the report recommended a public interest balancing test for disclosures in the national security field that could be used to claim protection from retaliation or as a defense when facing prosecution. This balancing test would promote disclosures where the public interest in the information outweighs any identifiable harm to a legitimate national security interest, and requires that the whistleblower disclose no more information than reasonably necessary to expose wrongdoing. A defense for blowing the whistle in the national security field would be a welcome one, as these whistleblowers often face prosecution under the Espionage Act, which could mean years of costly litigation for simply trying to expose practices that make us less secure. This balancing test is similar to one proposed last year by Yochai Benkler, a law professor and co-founder of the Berkman Center for Internet and Society, and supported by the Project On Government Oversight. The full report contains many best-practice recommendations that our Congress should consider to strengthen whistleblower protections domestically.
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

www.filmsforaction.org/...me_to_postconstitution_america

NSA-Patriot-Act-NDAA NSA-Whistleblower post-Constitutional-America Peter-Van-Buren

shared by Gary Edwards on 11 Aug 13 - No Cached
  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • “What constitutes due process in this case is a due process in war.”
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
  • Gary Edwards on 11 Aug 13
     
    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Gary Edwards

Articles of Impeachment Against Obama - 0 views

blackrepublican.blogspot.com/...an-citizens-file-articles.html

Impeachment articles-of-impeachment

shared by Gary Edwards on 16 Aug 13 - No Cached
  • Gary Edwards on 16 Aug 13
     
    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Paul Merrell

CIA whistleblower John Kiriakou given more than two years in prison | World news | guar... - 0 views

www.guardian.co.uk/...tleblower-john-kiriakou-prison

Obama war on whistleblowers torture CIA

shared by Paul Merrell on 26 Jan 13 - No Cached
  • The former CIA officer John Kiriakou was sentenced Friday to more than two years in prison, by a federal judge who rejected arguments that he was acting as a whistleblower when he leaked a covert officer's name to a reporter. A plea deal required the judge to impose a sentence of two and a half years. US district judge Leonie Brinkema said she would have given Kiriakou much more time if she could.Kiriakou's supporters describe him as a whistleblower who exposed aspects of the CIA's use of torture against detained terrorists. Prosecutors said Kiriakou was merely seeking to increase his fame and public stature by trading on his insider knowledge. The 48-year-old Arlington resident pleaded guilty last year to violating the Intelligence Identities Protection Act. No one had been convicted under the law in 27 years.
  • His 2007 interviews about the interrogations of Abu Zubaydah were among the first by a CIA insider confirming reports that several detainees, including Abu Zubaydah, had been waterboarded.
  • Paul Merrell on 26 Jan 13
     
    Obama's war against government whistleblowers continues. 
Paul Merrell

House Intelligence Bill Fumbled Transparency - Federation Of American Scientists - 0 views

fas.org/...house-intel

surveillance state NSA-reform Congress legislation

shared by Paul Merrell on 06 Jun 14 - No Cached
  • Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or civil liberties perspective.
  • But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.
  • The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.
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  • However, a more focused classification reform program may be in the works. Rep. Bennie Thompson (D-MS), the ranking member of the House Homeland Security Committee, said that he would introduce “a comprehensive security clearance reform bill” that would also address the need to shrink the national security classification system. The Thompson bill, which is to be introduced “in the coming weeks,” would “greatly expand the resources and responsibilities of the Public Interest Declassification Board,” Rep. Thompson said during the House floor debate on the intelligence bill on May 30. “A well-resourced and robust Board is essential to increasing accountability of the intelligence community,” he said.
  • Paul Merrell on 06 Jun 14
     
    I don't agree that whistleblowers need a secret system for their complaints. Secrecy is the problem, not the solution.In a supposedly democratic republic, every bit of government secrecy runs directly contrary to the citizen's right to be know what their government is up to.  All of the NSA reform measures in Congress share a fundamental flaw: they focus on what the NSA is allowed to do in secret. Any sane legislative approach would begin by identifying and clarifying what digital privacy rights citizens have and the obligation of government agencies and the private sector to report violations to their victims. Then one can proceed to examine how intelligence agencies might function within those parameters.  But the approach in Congress has been a catfight over "NSA reform" with secrecy accepted as the norm and without consideration of citizens' privacy rights, not even their Constitutional rights. But it is our privacy laws and their enforcement that needs attention, not directions to the Dark Government that is still allowed to remain in the dark. In other words, it is the public that should be informed of whistleblowers' revelations, not selected members of Congress, not secret courts, not some Privacy and Civil Liberties Oversight Board whose public reports are only summaries with all data they examine hid from view.  Bring that Dark Government into the sunlight and then real reform can happen but not before.
  • Gary Edwards on 07 Jun 14
     
    +1 The Constitutional and Natural rights of citizens come first. The legality of the NSA activities as well as other gov ops follows. This is an excellent point you make Paul! I hope others take up the cross and realize what an important point you are making in your comment.
Paul Merrell

The "Snowden is Ready to Come Home!" Story: a Case Study in Typical Media Deceit - The ... - 0 views

firstlook.org/...tories-case-study-media-deceit

surveillance state Snowden charges return-to-U.S.

shared by Paul Merrell on 05 Mar 15 - No Cached
  • Most sentient people rationally accept that the U.S. media routinely disseminates misleading stories and outright falsehoods in the most authoritative tones. But it’s nonetheless valuable to examine particularly egregious case studies to see how that works. In that spirit, let’s take yesterday’s numerous, breathless reports trumpeting the “BREAKING” news that “Edward Snowden now wants to come home!” and is “now negotiating the terms of his return!” Ever since Snowden revealed himself to the public 20 months ago, he has repeatedly said the same exact thing when asked about his returning to the U.S.: I would love to come home, and would do so if I could get a fair trial, but right now, I can’t. His primary rationale for this argument has long been that under the Espionage Act, the 1917 statute under which he has been charged, he would be barred by U.S. courts from even raising his key defense: that the information he revealed to journalists should never have been concealed in the first place and he was thus justified in disclosing it to journalists. In other words, when U.S. political and media figures say Snowden should “man up,” come home and argue to a court that he did nothing wrong, they are deceiving the public, since they have made certain that whistleblowers charged with “espionage” are legally barred from even raising that defense.
  • Snowden has also pointed out that legal protections for whistleblowers are explicitly inapplicable to those, like him, who are employed by private contractors (rendering President Obama’s argument about why Snowden should “come home” entirely false). One month after Snowden was revealed, Daniel Ellsberg wrote an Op-Ed in the Washington Post arguing that Snowden did the right thing in leaving the U.S. because he would not be treated fairly, and argued Snowden should not return until he is guaranteed a fully fair trial. Snowden has said all of this over and over. In June 2013, when I asked him during the online Guardian chat why he left the U.S. for Hong Kong, he said: “the US Government, just as they did with other whistleblowers, immediately and predictably destroyed any possibility of a fair trial at home . . . That’s not justice, and it would be foolish to volunteer yourself to it if you can do more good outside of prison than in it.” In January 2014, AP reported about a new online chat Snowden gave: “Snowden said returning would be the best resolution. But Snowden said he can’t return because he wouldn’t be allowed to argue at trial that he acted in the public interest when he revealed the National Security Agency’s mass surveillance programs.” In that chat, he said: “Returning to the US, I think, is the best resolution for the government, the public, and myself.”
  • Gingrich: “I think if we can find a way to get him home, get the rest of the documents that he has not leaked . . . it’s worth doing, but I think he’d have to serve jail time, and it’d probably be fairly lengthy. I don’t think the country would tolerate this level of betrayal, not having some very significant jail time — Blitzer: “You say lengthy. What do you think? Gingrich: “I’m not an expert in this, but I’d say more than 10 years.” Where to start? First, Gingrich’s belief that it’s possible to “get the rest of the documents that he has not leaked” is simply adorable. Second, Gingrich is a fascinating choice for CNN to have pontificate on proper punishments given that he is the first House Speaker to ever be punished for ethics violations, for which he was fined $300,000. Third, David Petraeus was just allowed to plead guilty for leaking extremely sensitive secrets — not out of a whistleblowing desire to inform the public but simply to satisfy his mistress — and will almost certainly spend no time in jail; Gingrich, Blitzer, Ignatius and friends would never dare suggest that the General should go to prison (just as DC’s stern law-and-order advocates who demand Snowden’s imprisonment would never dare suggest the same for James Clapper for having lied to Congress).
  • ...1 more annotation...
  • Most important, if you were Snowden, and you constantly heard U.S. political and media elites consigning you to prison for a decade or longer before your trial started, would you remotely believe assurances that you’d get a fair trial? What rational person would ever willingly submit themselves to a penal state that imprisons more of its citizens than any other in the world, run by people with this mentality? And when you examine case studies like this of what U.S. media is not just capable of doing but eager to do — concoct a completely false narrative based on fictitious events and then proceed to spend a full day drawing all sorts of self-serving and propagandistic lessons from it — why would anyone regard what comes spewing forth from them with anything other than extreme suspicion and contempt?
Paul Merrell

Edward Snowden: NSA whistleblower answers reader questions | World news | guardian.co.uk - 0 views

www.guardian.co.uk/...nowden-nsa-files-whistleblower

surveillance state NSA Snowden Obama state-secrets must-read

shared by Paul Merrell on 18 Jun 13 - No Cached
  • The 29-year-old former NSA contractor and source of the Guardian's NSA files coverage will – with the help of Glenn Greenwald – take your questions today on why he revealed the NSA's top-secret surveillance of US citizens, the international storm that has ensued, and the uncertain future he now faces. Ask him anything.
  • I did not reveal any US operations against legitimate military targets. I pointed out where the NSA has hacked civilian infrastructure such as universities, hospitals, and private businesses because it is dangerous. These nakedly, aggressively criminal acts are wrong no matter the target. Not only that, when NSA makes a technical mistake during an exploitation operation, critical systems crash. Congress hasn't declared war on the countries - the majority of them are our allies - but without asking for public permission, NSA is running network operations against them that affect millions of innocent people. And for what? So we can have secret access to a computer in a country we're not even fighting? So we can potentially reveal a potential terrorist with the potential to kill fewer Americans than our own Police? No, the public needs to know the kinds of things a government does in its name, or the "consent of the governed" is meaningless.
  • I was debriefed by Glenn and his peers over a number of days, and not all of those conversations were recorded. The statement I made about earnings was that $200,000 was my "career high" salary. I had to take pay cuts in the course of pursuing specific work. Booz was not the most I've been paid.
  • ...17 more annotations...
  • 1) More detail on how direct NSA's accesses are is coming, but in general, the reality is this: if an NSA, FBI, CIA, DIA, etc analyst has access to query raw SIGINT databases, they can enter and get results for anything they want. Phone number, email, user id, cell phone handset id (IMEI), and so on - it's all the same. The restrictions against this are policy based, not technically based, and can change at any time. Additionally, audits are cursory, incomplete, and easily fooled by fake justifications. For at least GCHQ, the number of audited queries is only 5% of those performed.
  • Obama's campaign promises and election gave me faith that he would lead us toward fixing the problems he outlined in his quest for votes. Many Americans felt similarly. Unfortunately, shortly after assuming power, he closed the door on investigating systemic violations of law, deepened and expanded several abusive programs, and refused to spend the political capital to end the kind of human rights violations like we see in Guantanamo, where men still sit without charge.
  • All I can say right now is the US Government is not going to be able to cover this up by jailing or murdering me. Truth is coming, and it cannot be stopped
  • NSA likes to use "domestic" as a weasel word here for a number of reasons. The reality is that due to the FISA Amendments Act and its section 702 authorities, Americans’ communications are collected and viewed on a daily basis on the certification of an analyst rather than a warrant. They excuse this as "incidental" collection, but at the end of the day, someone at NSA still has the content of your communications. Even in the event of "warranted" intercept, it's important to understand the intelligence community doesn't always deal with what you would consider a "real" warrant like a Police department would have to, the "warrant" is more of a templated form they fill out and send to a reliable judge with a rubber stamp.
  • Glenn Greenwald follow up: When you say "someone at NSA still has the content of your communications" - what do you mean? Do you mean they have a record of it, or the actual content? Both. If I target for example an email address, for example under FAA 702, and that email address sent something to you, Joe America, the analyst gets it. All of it. IPs, raw data, content, headers, attachments, everything. And it gets saved for a very long time - and can be extended further with waivers rather than warrants.
  • What are your thoughts on Google's and Facebook's denials? Do you think that they're honestly in the dark about PRISM, or do you think they're compelled to lie? Perhaps this is a better question to a lawyer like Greenwald, but: If you're presented with a secret order that you're forbidding to reveal the existence of, what will they actually do if you simply refuse to comply (without revealing the order)? Answer: Their denials went through several revisions as it become more and more clear they were misleading and included identical, specific language across companies. As a result of these disclosures and the clout of these companies, we're finally beginning to see more transparency and better details about these programs for the first time since their inception. They are legally compelled to comply and maintain their silence in regard to specifics of the program, but that does not comply them from ethical obligation. If for example Facebook, Google, Microsoft, and Apple refused to provide this cooperation with the Intelligence Community, what do you think the government would do? Shut them down?
  • Some skepticism exists about certain of your claims, including this: I, sitting at my desk, certainly had the authorities to wiretap anyone, from you, or your accountant, to a federal judge, to even the President if I had a personal email. Do you stand by that, and if so, could you elaborate? Answer: Yes, I stand by it. US Persons do enjoy limited policy protections (and again, it's important to understand that policy protection is no protection - policy is a one-way ratchet that only loosens) and one very weak technical protection - a near-the-front-end filter at our ingestion points. The filter is constantly out of date, is set at what is euphemistically referred to as the "widest allowable aperture," and can be stripped out at any time. Even with the filter, US comms get ingested, and even more so as soon as they leave the border. Your protected communications shouldn't stop being protected communications just because of the IP they're tagged with. 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%. Our founders did not write that "We hold these Truths to be self-evident, that all US Persons are created equal."
  • Edward, there is rampant speculation, outpacing facts, that you have or will provide classified US information to the Chinese or other governments in exchange for asylum. Have/will you? Answer: This is a predictable smear that I anticipated before going public, as the US media has a knee-jerk "RED CHINA!" reaction to anything involving HK or the PRC, and is intended to distract from the issue of US government misconduct. Ask yourself: if I were a Chinese spy, why wouldn't I have flown directly into Beijing? I could be living in a palace petting a phoenix by now.
  • US officials say this every time there's a public discussion that could limit their authority. US officials also provide misleading or directly false assertions about the value of these programs, as they did just recently with the Zazi case, which court documents clearly show was not unveiled by PRISM. Journalists should ask a specific question: since these programs began operation shortly after September 11th, how many terrorist attacks were prevented SOLELY by information derived from this suspicionless surveillance that could not be gained via any other source? Then ask how many individual communications were ingested to acheive that, and ask yourself if it was worth it. Bathtub falls and police officers kill more Americans than terrorism, yet we've been asked to sacrifice our most sacred rights for fear of falling victim to it. Further, it's important to bear in mind I'm being called a traitor by men like former Vice President Dick Cheney. This is a man who gave us the warrantless wiretapping scheme as a kind of atrocity warm-up on the way to deceitfully engineering a conflict that has killed over 4,400 and maimed nearly 32,000 Americans, as well as leaving over 100,000 Iraqis dead. Being called a traitor by Dick Cheney is the highest honor you can give an American, and the more panicked talk we hear from people like him, Feinstein, and King, the better off we all are. If they had taught a class on how to be the kind of citizen Dick Cheney worries about, I would have finished high school.
  • Is encrypting my email any good at defeating the NSA survelielance? Id my data protected by standard encryption? Answer: Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it. 
  • Binney, Drake, Kiriakou, and Manning are all examples of how overly-harsh responses to public-interest whistle-blowing only escalate the scale, scope, and skill involved in future disclosures. Citizens with a conscience are not going to ignore wrong-doing simply because they'll be destroyed for it: the conscience forbids it. Instead, these draconian responses simply build better whistleblowers. If the Obama administration responds with an even harsher hand against me, they can be assured that they'll soon find themselves facing an equally harsh public response. This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. 
  • What would you say to others who are in a position to leak classified information that could improve public understanding of the intelligence apparatus of the USA and its effect on civil liberties?
  • This country is worth dying for.
  • My question: given the enormity of what you are facing now in terms of repercussions, can you describe the exact moment when you knew you absolutely were going to do this, no matter the fallout, and what it now feels like to be living in a post-revelation world? Or was it a series of moments that culminated in action? I think it might help other people contemplating becoming whistleblowers if they knew what the ah-ha moment was like. Again, thanks for your courage and heroism. Answer: I imagine everyone's experience is different, but for me, there was no single moment. It was seeing a continuing litany of lies from senior officials to Congress - and therefore the American people - and the realization that that Congress, specifically the Gang of Eight, wholly supported the lies that compelled me to act. Seeing someone in the position of James Clapper - the Director of National Intelligence - baldly lying to the public without repercussion is the evidence of a subverted democracy. The consent of the governed is not consent if it is not informed.
  • Regarding whether you have secretly given classified information to the Chinese government, some are saying you didn't answer clearly - can you give a flat no? Answer: No. I have had no contact with the Chinese government. Just like with the Guardian and the Washington Post, I only work with journalists.
  • So far are things going the way you thought they would regarding a public debate? – tikkamasala Answer: Initially I was very encouraged. Unfortunately, the mainstream media now seems far more interested in what I said when I was 17 or what my girlfriend looks like rather than, say, the largest program of suspicionless surveillance in human history.
  • Thanks to everyone for their support, and remember that just because you are not the target of a surveillance program does not make it okay. The US Person / foreigner distinction is not a reasonable substitute for individualized suspicion, and is only applied to improve support for the program. This is the precise reason that NSA provides Congress with a special immunity to its surveillance.
  • Paul Merrell on 18 Jun 13
     
    I particularly liked this Snowden observation as an idea for a constitutional amendment: "This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. " Repeal of the State Secrets privilege would require a constitutional amendment because the Supreme Court decided back when that it is inherent in the President's power as commander in chief of the military forces. In other words, neither Congress nor the courts can second-guess such claims, a huge contributing factor in the over-classification of government records when the real reason is to protect bureaucrats from embarrassment, civil rights suits, and criminal prosecution. It is no accident that we have an Executive Branch that is out-of-control, waging dictatorial powers under the protection of the State Secrets privilege. 
Paul Merrell

Beware the Dangers of Congress' Latest Cybersecurity Bill | American Civil Liberties Union - 0 views

www.aclu.org/...ress-latest-cybersecurity-bill

surveillance state legislation ACLU cybersecurity

shared by Paul Merrell on 01 Jul 14 - No Cached
  • A new cybersecurity bill poses serious threats to our privacy, gives the government extraordinary powers to silence potential whistleblowers, and exempts these dangerous new powers from transparency laws. The Cybersecurity Information Sharing Act of 2014 ("CISA") was scheduled to be marked up by the Senate Intelligence Committee yesterday but has been delayed until after next week's congressional recess. The response to the proposed legislation from the privacy, civil liberties, tech, and open government communities was quick and unequivocal – this bill must not go through. The bill would create a massive loophole in our existing privacy laws by allowing the government to ask companies for "voluntary" cooperation in sharing information, including the content of our communications, for cybersecurity purposes. But the definition they are using for the so-called "cybersecurity information" is so broad it could sweep up huge amounts of innocent Americans' personal data. The Fourth Amendment protects Americans' personal data and communications from undue government access and monitoring without suspicion of criminal activity. The point of a warrant is to guard that protection. CISA would circumvent the warrant requirement by allowing the government to approach companies directly to collect personal information, including telephonic or internet communications, based on the new broadly drawn definition of "cybersecurity information."
  • While we hope many companies would jealously guard their customers' information, there is a provision in the bill that would excuse sharers from any liability if they act in "good faith" that the sharing was lawful. Collected information could then be used in criminal proceedings, creating a dangerous end-run around laws like the Electronic Communications Privacy Act, which contain warrant requirements. In addition to the threats to every American's privacy, the bill clearly targets potential government whistleblowers. Instead of limiting the use of data collection to protect against actual cybersecurity threats, the bill allows the government to use the data in the investigation and prosecution of people for economic espionage and trade secret violations, and under various provisions of the Espionage Act. It's clear that the law is an attempt to give the government more power to crack down on whistleblowers, or "insider threats," in popular bureaucratic parlance. The Obama Administration has brought more "leaks" prosecutions against government whistleblowers and members of the press than all previous administrations combined. If misused by this or future administrations, CISA could eliminate due process protections for such investigations, which already favor the prosecution.
  • While actively stripping Americans' privacy protections, the bill also cloaks "cybersecurity"-sharing in secrecy by exempting it from critical government transparency protections. It unnecessarily and dangerously provides exemptions from state and local sunshine laws as well as the federal Freedom of Information Act. These are both powerful tools that allow citizens to check government activities and guard against abuse. Edward Snowden's revelations from the past year, of invasive spying programs like PRSIM and Stellar Wind, have left Americans shocked and demanding more transparency by government agencies. CISA, however, flies in the face of what the public clearly wants. (Two coalition letters, here and here, sent to key members of the Senate yesterday detail the concerns of a broad coalition of organizations, including the ACLU.)
  • Paul Merrell on 01 Jul 14
     
    Text of the bill is on Sen. Diane Feinstein's site, http://goo.gl/2cdsSA It is truly a bummer.
Paul Merrell

Loopholes Exclude Intelligence Contractors Like Snowden From Whistleblower Protections - 0 views

www.ibtimes.com/stleblower-protections-1301913

surveillance state NSA Snowden whistleblower-law

shared by Paul Merrell on 19 Jun 13 - No Cached
  • Due to carve-outs in federal law, U.S. whistle-blowers who work as contract employees for the intelligence community -- like confessed leaker Edward Snowden -- have virtually no protections.
  • There is a complex anatomy of whistle-blower protections depending on whether an employee works for an intelligence agency and whether he or she is a contractor or an employee of the government. But nowhere is the difference more stark than in the intelligence community, where contractors lack protections afforded to their government employee counterparts. Whistle-blower advocates actually fear that this lack of protections could lead to more leaks. “I would say that there is a gaping loophole for intelligence community contractors,” said Angela Canterbury, director of public policy at the Project on Government Oversight. “The riskiest whistle-blowing that you can possibly do on the government is as an intelligence contractor.”
  • Though whistle-blower advocates have actually won increased protections in recent months, intelligence contractors have repeatedly been left out. Intelligence workers are not covered by the Whistle-blower Protection Act. When Congress passed the Whistle-blower Protection Enhancement Act last fall, at the request of the U.S. House Intelligence Committee, the law’s protections didn’t apply to the intelligence community workers -- both contract and government employees. When Congress added whistle-blower protections specifically for contract employees to the National Defense Reauthorization Act of 2013, intelligence contractors were again excluded. To fill the void, President Obama issued Public Policy Directive (PPD) 19 in October 2012 to extend protections to national security workers. However, his directive made no mention of contractors. Because PPD-19 was initially classified and is actually being implemented in secret, advocates are unsure how strong the protections for government intelligence workers actually are. The directive made no mention of contract workers specifically and Canterbury said she would be “actually shocked and astounded” if the directive were interpreted to apply to contractors.
  • ...1 more annotation...
  • In terms of Snowden's rights, he could have legally raised his concerns with either the office of the intelligence community inspector general or a congressional intelligence committee, but he would have had no protections against any form of retaliation, including losing his job and security clearance. “The ramification [of excluding intelligence contractors] is that a whistle-blower in their right mind would make a public disclosure if they wanted [to bring attention] to wrongdoing because blowing the whistle internally would be very dangerous for their careers,” Canterbury said. “In the case of Snowden, he calculated that his career was over in any case,” Canterbury added. “I’m sure that internal whistle-blowing was not high on the list of ways to get accountability to the issue.
  • Paul Merrell on 19 Jun 13
     
    So much for the much publicized government propaganda that Snowden should have gone through channels rather than leaking.  
Gary Edwards

BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

www.libertynews.com/...r-insurgents-fighting-in-syria

Benghazi Benghazigate Benghazi-coverup

shared by Gary Edwards on 09 May 13 - No Cached
  • Gary Edwards on 09 May 13
     
    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
Paul Merrell

Edward Snowden: A 'Nation' Interview | The Nation - 0 views

www.thenation.com/...wden-exile-exclusive-interview

surveillance state Snowden-interview

shared by Paul Merrell on 30 Oct 14 - No Cached
  • Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
  • From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
  • The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
  • ...14 more annotations...
  • The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
  • Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
  • The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
  • The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
  • The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
  • The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
  • The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
  • The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
  • As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
  • The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
  • The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
  • The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
  • The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
  • The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be 
addressed.
  • Paul Merrell on 30 Oct 14
     
    Remarkable interview. Snowden finally gets asked some questions about politics. 
Gary Edwards

Feds confiscate investigative reporter's confidential files during raid | The Daily Caller - 3 views

dailycaller.com/...confidential-files-during-raid

Audrey-Hudson Whistleblower-Protection-Act

shared by Gary Edwards on 26 Oct 13 - No Cached
  • A veteran Washington D.C. investigative journalist says the Department of Homeland Security confiscated a stack of her confidential files during a raid of her home in August — leading her to fear that a number of her sources inside the federal government have now been exposed. In an interview with The Daily Caller, journalist Audrey Hudson revealed that the Department of Homeland Security and Maryland State Police were involved in a predawn raid of her Shady Side, Md. home on Aug. 6. Hudson is a former Washington Times reporter and current freelance reporter. A search warrant obtained by TheDC indicates that the August raid allowed law enforcement to search for firearms inside her home.
  • But without Hudson’s knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said. Outraged over the seizure, Hudson is now speaking out. She said no subpoena for the notes was presented during the raid and argues the confiscation was outside of the search warrant’s parameter. “They took my notes without my knowledge and without legal authority to do so,” Hudson said this week. “The search warrant they presented said nothing about walking out of here with a single sheet of paper.”
  • After the search began, Hudson said she was asked by an investigator with the Coast Guard Investigative Service if she was the same Audrey Hudson who had written a series of critical stories about air marshals for The Washington Times over the last decade. The Coast Guard operates under the Department of Homeland Security.
  • Paul Merrell on 26 Oct 13
     
    If reality is as stated, the reporter has a pretty strong civil rights case against the government officials who knowingly participated in the theft and retention of the reporter's notes, two distinct conspiracies. Under the 4th Amendment, officers executing a search and seizure warrant may lawfully seize the items particularly described in the warrant and any other evidence of crime that is in plain view during the search. It's a big push of credibility to argue that reading documents stored in a bag in search for a gun falls within the "plain view" doctrine. The officer could instead just reach his hand into the bag and feel around for a gun. Quite a few extra steps involved in removing the documents and reading them simply to determine whether the bag contains a gun. Add in the facts that: [i] the supposed recognition of government documents argument does not explain why the officers seized personal handwritten notes too; and [ii] the evidence that the officer who discovered the docs had learned that the reporter was one who had called the conduct of his agency into question, and it comes out smelling a lot more like an attempt to discover the reporters' sources than a legitimate search for guns when the bag was searched.   Only one side heard from so far, of course. But this sounds more like low-level government officials who were ignorant of their legal obligations than a White House-driven scandal. But I wouldn't want to be the government lawyer who authorized the retention of the seized notes and other documents. They should have been returned without retaining copies the instant the lawyer learned of the circumstances of their seizure. There's not only a 4th Amendment liberty interest but also a 1st Amendment freecdom to communicate anonymously right protecting those documents and notes. 
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  • Gary Edwards on 26 Oct 13
     
    I listened to an interview with Audrey Hudson last night. It seems to me the key fact is in this clip; "But without Hudson's knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said." Audrey had written a series of articles describing how the Homeland Security and Transportation agency had been lying about air marshalls and the post 911 program to secure passenger flights. The documents that were stolen listed her sources - the whistle blowers inside the Homeland Security administration who leaked information about the lies and the many problems with the program that the Obama administration was covering up. This sounds to me like another example of Obama hunting down and persecuting whistleblowers. A direct violation of the 1989 - 2007 Whistleblower Protection Act. Not surprisingly, Ms Hudson had not tried to contact any of her whistleblowing sources for fear that the NSA would be watching and that this persecution would happen. Interestingly, the warrant was to seize a "potato launcher". No kidding! It seems Ms. Hudson's husband had, at one time been a licensed arms dealer. He lost that license having sold a gun with faulty paperwork. This event had occurred years earlier, and Mr. Hudson had long since moved on and was currently working for the Coast Guard as an outside contractor/consultant. So they seized the toy "potato launcher", as described in the warrant. But they also ransacked the home looking for the key documents that listed Ms Hudson's inside Homeland Security sources behind her air marshal scandal articles. These documents were the only items seized - other than the "potato launcher" that was the only item listed in the warrant. Seems we've been here before. From wikipedia, the story of Friedrich Gustav Emil Martin Niemöller: ........................... Arrested on 1 July 1937, N
  • Gary Edwards on 26 Oct 13
     
    "But without Hudson's knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said."
  • Paul Merrell on 26 Oct 13
     
    What troubles me the most about this event, assuming the truth of what's reported, is how well known the limitations on execution of a search warrant are within the law enforcement community. If it happened as described, it seems very unlikely that the officer who grabbed the documents did not know he was violating the 4th Amendment. Ditto for the lawyer or other official(s) who learned of what went down shortly thereafter, but kept the documents anyway. There's an arrogance that goes with government and corporate officials who don't have to personally pay damage awards. With no personal monetary liability (in reality, since the government or corporation picks up the tab), it becomes a matter of personal ethics and whether the misbehavior will anger or please the boss. If the ethics are weak, that becomes a pretty simple choice.
Gary Edwards

New Snowden Statement: 'The Obama Administration Is Afraid of You' - 0 views

pjmedia.com/...dministration-is-afraid-of-you

Edward-Snowden NSA-Patriot-Act-NDAA freedom-liberty American-Revolution

shared by Gary Edwards on 03 Jul 13 - No Cached
  • Gary Edwards on 03 Jul 13
     
    "This just released by WikiLeaks: July 1st Statement from Super Patriot & NSA Whistleblower extraordinaire, Edward Snowden .......... One week ago I left Hong Kong after it became clear that my freedom and safety were under threat from my government for revealing the truth. My continued liberty has been owed to the efforts of friends new and old, family, and others who I have never met and probably never will. I trusted them with my life and they returned that trust with a faith in me for which I will always be thankful. On Thursday, President Obama declared before the world that he would not permit any diplomatic "wheeling and dealing" over my case. Yet now it is being reported that after promising not to do so, the President ordered his Vice President to pressure the leaders of nations from which I have requested protection to deny my asylum petitions. This kind of deception from a world leader is not justice, and neither is the extralegal penalty of exile. These are the old, bad tools of political aggression. Their purpose is to frighten, not me, but those who would come after me. For decades the United States of America have been one of the strongest defenders of the human right to seek asylum. Sadly, this right, laid out and voted for by the U.S. in Article 14 of the Universal Declaration of Human Rights, is now being rejected by the current government of my country. The Obama administration has now adopted the strategy of using citizenship as a weapon. Although I am convicted of nothing, it has unilaterally revoked my passport, leaving me a stateless person. Without any judicial order, the administration now seeks to stop me exercising a basic right. A right that belongs to everybody. The right to seek asylum. In the end the Obama administration is not afraid of whistleblowers like me, Bradley Manning or Thomas Drake. We are stateless, imprisoned, or powerless. No, the Obama administration is afraid of you. It is afraid of an informed, angry public de
Paul Merrell

Obama Promises Disappear from Web - Sunlight Foundation Blog - 1 views

sunlightfoundation.com/...ma-promises-disappear-from-web

Obama transparency whistle-blowers campaign promises

shared by Paul Merrell on 27 Jul 13 - No Cached
  • Change.gov, the website created by the Obama transition team in 2008, has effectively disappeared sometime over the last month. While the front splash page for Change.gov has linked to the main White House website for years, until recently, you could still continue on to see the materials and agenda laid out by the administration. This was a particularly helpful resource for those looking to compare Obama's performance in office against his vision for reform, laid out in detail on Change.gov. According to the Internet Archive, the last time that content (beyond the splash page) was available was June 8th -- last month.
  • Here's one possibility, from the administration's ethics agenda: Protect Whistleblowers: Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process.
Paul Merrell

12-35924 :: Tomosaitis v. URS Inc. :: U.S. Court of Appeals for the Ninth Circuit :: U.... - 0 views

law.justia.com/...12-35924-2014-11-07.html

whistleblower-law litigation whistleblower-rights constitutional law

shared by Paul Merrell on 08 Nov 14 - No Cached
  • Tomosaitis v. URS Inc.
  • Plaintiff filed suit against his employer (URS) and the DOE, alleging violations of the Energy Reorganization Act (ERA), 42 U.S.C. 5851(b)(4), whistleblower protection provision, and requested a jury trial. The district court partially dismissed the complaint, denied a jury trial, and granted summary judgment against plaintiff. The court held that before an employee may opt out of the agency process and bring a retaliation suit against a respondent in federal court, that respondent must have had notice of, and an opportunity to participate in, the agency action for one year. In this case, plaintiff's claim against DOE failed for lack of administrative exhaustion. The court concluded that the administrative exhaustion was sufficient as to URS E&C. The court affirmed the district court's dismissal of URS Corp. for lack of administrative exhaustion. The court also concluded that, since plaintiff has shown that his protected activity was a "contributing factor" in the adverse employment action he suffered, he has met his burden for establishing a prima facie case of retaliation under the ERA. Further, the evidence created a genuine issue of fact as to whether plaintiff's compensation, terms, conditions, or privileges of employment were affected by his transfer. The court reversed the grant of summary judgment to URS E&C for ERA whistleblower retaliation. Finally, the court held that plaintiff has a constitutional right to a jury trial for his claims seeking money damages against URS E&C and the court reversed the district court's ruling.
  • Paul Merrell on 08 Nov 14
     
    A big victory for whistle-blowers.  
Paul Merrell

Whistleblowers File $100 Million Suit against NSA, FBI - WhoWhatWhy - 0 views

whowhatwhy.org/...0-million-suit-against-nsa-fbi

surveillance state NSA whistleblower-retaliation litigation Drake Loomis Wiebe Binney Roark

shared by Paul Merrell on 01 Sep 15 - No Cached
  • In a $100 million lawsuit that has garnered virtually no public attention, five National Security Agency (NSA) whistleblowers are accusing the federal government of illegally retaliating against them for alerting the NSA and Congress to a waste of taxpayer funds that benefitted a well-connected contractor.The lawsuit tells the story of the infancy of the NSA’s efforts to surveil the Internet. Back then, there were two programs for the spying agency to choose from — and the first was called ThinThread. It had been developed internally, was comparatively inexpensive, had been tested and proven to be effective, and included safeguards preventing the spying on Americans without a court warrant. The other was called Trailblazer. It did not include such safeguards, had not yet been shown to be effective, and cost 1,000 times more than ThinThread. Instead of being developed internally, it was to be outsourced to Science Applications International Corporation (SAIC), a politically connected contractor.The NSA chose Trailblazer.
  • In response, four NSA employees who had worked on ThinThread, as well as a congressional staffer, alerted Congress and the Office of the Inspector General of the NSA that the agency was wasting taxpayer funds. That is when their troubles began, according to the lawsuit.It alleges that the defendants, which include the NSA, FBI, and the Department of Justice, as well as individuals associated with them, “knowingly and intentionally fabricated” a claim that the plaintiffs leaked classified information to New York Times reporters Eric Lichtblau and James Risen.“[The defendants] used this fabricated claim for retaliation, illegal searches and seizures, physical invasion of their residences and places of business, temporary false imprisonment, the confiscation of their property, cancellation of security clearances leading to the loss of their jobs and employment, intentional infliction of emotional distress, harassment and intimidation,” the lawsuit alleges.It also states that the defendants should have known that the plaintiffs were not the leaks because the NSA “was tracking all domestic telephone calls for the supposed purpose of protecting national security.”
  • The plaintiffs are former NSA employees Thomas Drake, Ed Loomis, J. Kirk Wiebe, William Binney, and former congressional staffer Diane Roark. They seek “punitive damages in excess of $100 million because of Defendants [sic] callous and reckless indifference and malicious acts …” as well as well as an additional $15 million for lost wages and to cover costs.Larry Klayman, the prominent conservative public interest attorney and founder of Judicial Watch, filed the suit on August 20th. However, it is expected to be amended this week, and it is possible that additional publicity for the case will be sought then.
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.”
Gary Edwards

Liberty's backlash -- why we should be grateful to Edward Snowden | Fox News - 1 views

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Judge-Andrew-Napolitano NSA NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden

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  • Gary Edwards on 01 Aug 13
     
    Liberty's backlash -- why we should be grateful to Edward Snowden By Judge Andrew P. Napolitano Published August 01, 2013 FoxNews.com Last week, Justin Amash, the two-term libertarian Republican congressman from Michigan, joined with John Conyers, the 25-term liberal Democratic congressman from the same state, to offer an amendment to legislation funding the National Security Agency (NSA). If enacted, the Amash-Conyers amendment would have forced the government's domestic spies when seeking search warrants to capture Americans' phone calls, texts and emails first to identify their targets and produce evidence of their terror-related activities before a judge may issue a warrant. The support they garnered had a surprising result that stunned the Washington establishment. It almost passed. The final vote, in which the Amash-Conyers amendment was defeated by 205 to 217, was delayed for a few hours by the House Republican leadership, which opposed the measure. The Republican leadership team, in conjunction with President Obama and House Minority Leader Nancy Pelosi, needed more time for arm-twisting so as to avoid a humiliating loss. But the House rank-and-file did succeed in sending a message to the big-government types in both parties: Nearly half of the House of Representatives has had enough of government spying and then lying about it, and understands that spying on every American simply cannot withstand minimal legal scrutiny or basic constitutional analysis. The president is deeply into this and no doubt wishes he wasn't. He now says he welcomed the debate in the House on whether his spies can have all they want from us or whether they are subject to constitutional requirements for their warrants. Surely he knows that the Supreme Court has ruled consistently since the time of the Civil War that the government is always subject to the Constitution, wherever it goes and whatever it does. As basic as that sounds, it is not a universally held belief am
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